23x08 - Facade

[bunniefuu]

In the criminal justice system,

the people are represented

by two separate, yet
equally important groups:

the police, who investigate crime,

and the district attorneys,
who prosecute the offenders.

These are their stories.

[TURNSTILE BEEPS]

[TRAIN SCREECHES DISTANTLY]

- [GRUNTS]
- [GASPS]

[SUSPENSEFUL MUSIC]

♪ ♪

- Hey.
- [TRAIN CHIMES]

Where you headed tonight, beautiful?

- Can I come?
- [WHISTLING]

Come on. Where you going?

- Come back.
- [INDISTINCT CHATTER]

♪ ♪

Oh, sorry, I didn't mean to...

- [WHEEZING]
- [WHEELS SCREECHING]

[SCREAMS]

Station's locked down.

MTA is rerouting trains
in both directions,

but they're eager to get
things moving again.

Where's that level of urgency

when there isn't a
dead body to deal with?

[SIGHS]

[WHISTLES]

Cause of death?

Can't say for sure.

But given the petechial hemorrhaging,

my guess is asphyxia.

So he was strangled to death.

How long ago did this happen?

Less than an hour.

- Any witnesses?
- None so far.

The MTA worker who found the body

said he walked the
car 15 minutes before,

but he didn't see anything unusual.

So the call came in at 12:34,
so the m*rder had to happen

sometime between 12:15 and 12:30.

We need the security
footage from every station

the train passed through
in that window, okay?

Okay.

All right, young man, let's see.

No phone.

Oh, vic's still got his wallet.

Ellis Joyner, just turned 24.

Yeah, I thought he looked familiar.

You know him?

Not personally, he's a stand-up comic.

Came from down South,

loved to talk about how
much he liked New York.

Great place to live...

not such a great place to die.

[DRAMATIC MUSIC]

♪ ♪

We found bleeding in the
anterior neck strap muscles,

as well as fractures in the hyoid bone

and thyroid cartilage horns.

And that means?

He d*ed of cerebral ischemia

due to a lack of blood
flow to the brain.

I'd say his carotid arteries

and jugular vein were
compressed bilaterally,

like this.

So the k*ller had him in a sleeper hold?

Exactly, a carotid sleeper hold.

So you're saying our vic
was choked to death.

Yes, and it's not like he had an
easy time breathing on his own.

What do you mean?

ME pulled Joyner's medical records.

Turns out he had severe asthma.

She said his lungs were hyperinflated,

which means he was likely
having an att*ck when he d*ed.

- Was that the cause of death?
- No.

That would be strangulation,

probably from a lethal choke hold.

What else do we know about the vic?

He was single, lived alone.

Both parents were deceased.

His latest comedy special on YouTube

had over a million views...
the guy was pretty popular.

Yeah, well, not with everyone.

What about his phone? Did we ping it?

No signal.

Bright side is, the MLI
found fresh blood

on Joyner's jacket that
didn't match his blood type,

so the lab's going
through that right now.

All right, so where are
we with the video footage?

Our train passed through 6 stations

within the 15-minute window.

Of the 6, 4 of them had
cameras that were broken.

Footage from the 2 stations
that had working cameras

caught a few dozen people
getting on and off the trains.

Yeah, except none of 'em go into

or out of the car
where Joyner was found.

Hey, so Joyner's MetroCard was swiped

at 14th Street Station, where he got on.

There were no working
cameras there either.

But I pulled street-cam footage
from outside the station.

The closest I could get
was a few blocks away,

but I found this.

♪ ♪

Well, that dude does not look happy.

- Yeah.
- Can you zoom in on his face?

♪ ♪

Wait, is that...

- Malcolm Paige?
- The comedian?

He used to open for
Chappelle back in the day.

Track him down.

An audience member at
your show last night

posted this to their social media.

It'd be a massive disappointment

if he was even remotely
relevant anymore.

But you know what they say.

You either die a hero

or live long enough to
become Malcolm Paige.

[LAUGHTER]

Is that why you att*cked
him after the show?

He att*cked me.

Got his panties all in a twist

because he didn't like some
of the jokes I was tellin'.

Hit too close to home for fancy boy.

Is this you trying to imply
that Joyner was gay?

I ain't implying nothing.

The point is, he embarrassed you

in front of what was supposed
to be your audience.

I mean, it must've really
pissed you off, huh?

- Whatever.
- You know, we have video of you

taking a swing at Joyner.

So what happened?

You follow him down the subway,
try to finish the fight?

My car service picked me up

right after Joyner ran
off like a little bitch,

followed by his b...

Boyfriend in tow.

You're saying he was with somebody?

He was with a dude,

and they weren't getting along either.

Paige's car service confirms his alibi.

I went through Joyner's texts
and emails in the cloud.

There's no evidence he had a boyfriend.

Well, I think that's 'cause
he was still in the closet.

I contacted the Travlr app.

They gave me access to his account here.

It looks like he was dating
somebody he met on the site.

A lot of messages between him
and a guy named Michael Zane.

He's in the system.

Zane was arrested for
aggravated as*ault last year.

Hmm.

Yeah, these two were definitely
in some kind of fight.

I mean, "Keep on like this,
you'll end up dead."

Either the Zane guy can
see the future or...

- Or he's our k*ller.
- Mm-hmm.

I didn't k*ll Ellis.

I cared about him very much.

"Keep on like this, and
you're gonna end up dead."

- You didn't send that message?
- No, not like that.

I was talking about his... self-hatred.

We have an eyewitness

that puts the two of you
together night before last.

Said you guys were in
some kind of fight.

We were.

I thought things would be better for him

if he allowed himself to live openly,

but he refused.

He was convinced his fan
base would turn on him.

- This fight ever turn physical?
- No, of course not.

We are aware of your prior
for aggravated as*ault.

I was in a bar when two
dudes got into a fight.

I tried to break things up, but...

I'm Black, so when the cops showed up...

So you were on the train
with Ellis that night?

Yeah. Malcolm Paige
had just att*cked him,

and he said he wanted time to be alone.

So I got off after a
few stops, went home.

Did you notice anything suspicious

while you were on the subway?

Yeah.

Uh, there was a guy on the
subway with us, white guy.

He kept staring at us.

And when I got up to get off,
he stepped in my way.

- On purpose?
- Yeah.

I wasn't in the mood,
so I just brushed past him.

Did he say anything to you?

"Watch yourself."

- Can you describe him?
- Brown hair.

He was wearing bright-yellow sneakers,

like, neon, and a hoodie

with some kind of symbol on the back.

[LOW OMINOUS MUSIC]

- What station is that?
- 86th Street,

one stop before the one where
Joyner's body was found.

Okay, but we can't see his face, though.

- Can you find another angle?
- This is all we've got.

Can you zoom in on that?

Wait a second.
I've seen that logo before.

♪ ♪

_

[ROCK MUSIC PLAYING]

This place opened up about a year ago.

Been peppering my
neighborhood with flyers.

Mixed martial arts is the future, huh?

Yeah, maybe this is where our
k*ller learned to strangle people.

'Sup? How you doing?

Uh, yeah, we'd like to talk
to the owner. Is he here?

Dom? Um, you just missed him.

- He left, like, two minutes ago.
- Is that him?

♪ ♪

- Yep.
- I see it.

You know when he's gonna be back?

He was getting a cab to the airport.

Did he say where he was going?

I want to say Toronto.

Which way did he go?

[TENSE MUSIC]

♪ ♪

Vince.

♪ ♪

[WHISTLES]

Hey!

Hey, NYPD.

Mr. Kovac, NYPD.

- Hey.
- Hey!

- Do not move!
- NYPD!

- Do you hear me? Do not move!
- NYPD!

I didn't know you guys were cops.

Yeah, you just treat everybody that way?

Treat Ellis Joyner that way?

- I don't know who that is.
- He was choked to death

two nights ago in the subway.
That ringing a bell?

Okay, tough guy, you're
coming with us. Get up.

I've never seen this
guy before in my life.

You know, Domhnall, we are aware
of your four previous convictions

for as*ault,

all against Black victims,
two charged as hate crimes.

Clocked that tattoo on you...

the combat boots with the "88."

That's a white nationalist symbol.

So what happened? You see
a Black guy on the train,

decided to take him out?

I didn't do anything to anyone.

[BANGS ON TABLE] Hey.

I'm the one talking to you.

Fine. I'll tell you, then.

I had nothing to do with
what happened to that guy.

Where were you around
midnight night before last?

- Chelsea, working out.
- You work out at that hour?

I run an intensive training program

for some guys at the gym.

I call it the Combat Academy.

I base it on the Navy
SEALs training course.

So, once a week, we do a
late-night endurance run.

And when did this endurance run end?

Around midnight.

Okay, so you go on your little fun run.

Then you get on the subway,
and you k*ll Ellis Joyner.

- I was never on the subway.
- We have you on video.

You can make out this sweatshirt

and those sneakers clear as day.

These are part of the
Combat Academy uniform.

Every member has them.

Look, fellas, I'm trying to tell you...

after the run was over, I went
to my girlfriend's apartment.

She lives a few blocks away.

You can check with her doorman.

All right, and would you be
willing to submit to a DNA swab?

Fine.

We're also gonna need the names

of every member of your Combat Academy

that was there that night.

♪ ♪

[SCHOOL BELL RINGS]

All right. See you guys.

- Brandon Arnou?
- Yes?

NYPD, we need to talk
to you for a minute.

Uh, yeah, of course. Is something wrong?

- We're investigating a m*rder.
- A m*rder?

Are you a member of Domhnall
Kovac's Combat Academy?

Uh, yes. Why?

Did you attend his midnight
training session three nights ago?

Um, I-I did.

I did, yeah. Yeah, I'm trying
to get back into shape.

My wife left me last year, and I...

You... you don't need to
know all that. [CHUCKLES]

You ride the subway home after that?

Uh, no.

- Really?
- Mm-mm.

'Cause we noticed that your
apartment's a straight sh*t

on the C train from Chelsea.

Yeah, well, I-I-I ran home,

trying to push myself, you know?

How did you get that lip?

Oh, uh, grappling training.

Took an elbow to the face. [CHUCKLES]

Would you be willing to
submit to a DNA swab,

just to eliminate you as a suspect?

Uh...

[SIGHS]

- Look, it was an accident.
- What was an accident?

That man was attacking
a woman on the subway.

I-I was just trying to protect her.

I know I should have told
someone, but I panicked.

Are you admitting to
k*lling Ellis Joyner?

[DRAMATIC MUSIC]

- Look, I didn't mean to.
- Okay.

- I-I was just trying to help.
- Hands behind your back.

We're gonna walk out of here
nice and slow. Here we go.

Detectives, what is the holdup here?

My client has explained to you
what happened several times.

Yeah, we really appreciate
your cooperation, too.

He has nothing to hide.

Arnou, so that woman that you
say Ellis Joyner att*cked,

the one you claim to have rescued,

she was dressed like a dancer, yeah?

Yeah, she was wearing tights,

and her hair was in a,
uh, ball, you know?

Thing is, we checked
the surveillance footage

from the train platforms,

and we didn't find anybody
meeting that description.

I'm telling you, she was there.

Were the cameras working
at every station?

We also ex*cuted a search
warrant in your home.

Didn't find anything.

Yeah, well, of course not.
What would you find?

Mm. Yeah, but, see, then
we got a search warrant

for your gym locker.

That's where we found
something really interesting.

Ellis Joyner's cell phone,
but you knew that...

because you stole it from him
right after you k*lled him,

- and we know why.
- Because right after you att*cked him,

he started recording you, didn't he?

And, see, what you don't
know about Black people is,

we can never be too careful

'cause we don't know who's
gonna try to paint us out

to be the bad guy.

So we watched that video,

and we listened to it, and
we did not see any woman.

But what we did see is that...

Don't say another word.

This interview's over.

♪ ♪

What do you think?

It's a tough call.

He admits to k*lling Joyner,

but I'm not sure we
have enough to charge.

So we have two choices.

We can either cut him loose,
or we can arrest him.

♪ ♪

Arrest him.

♪ ♪

_

Brandon Arnou's really captured
the public's attention.

Sure has. Half the city
buys Arnou's story...

that he k*lled Joyner in self-defense...

and the other half sees white man

k*lling an unarmed Black man.

It's a litmus test for what people think

or what they want to believe.

Well, here's what I believe.

Arnou held Joyner in a choke hold

for a long time after
he was unconscious.

Even if he was acting in self-defense

at the start of all this,

it eventually turned into a homicide.

And we have video that supports that?

Uh, sort of.

Seconds after Joyner pulled out
his phone to record the incident,

Arnou knocked it out of his hands.

Then the phone landed
on the ground lens down.

Visually, it's just black.

But it kept recording, so there's audio.

You can hear Arnou get
Joyner into the choke hold.

Joyner repeatedly says he can't breathe.

And after that, the tape goes silent.

- Because Joyner passed out.
- That's what it seems like.

After he goes quiet, there's
three minutes of total silence

before Arnou gets off him.

You're saying that he kept
Joyner in a choke hold

for three full minutes after he
seemed to have passed out?

Mm-hmm, and Arnou picks up the phone,

realizes it's been recording,
and then stops it.

- But the phone must've locked.
- Which is why Arnou took it.

He realized it would
upload to the cloud,

so he wanted to delete it.

Search history on Arnou's laptop

shows that he was trying to figure out

how to access a phone
without a passcode.

Obviously knew the video was damning.

So what's the next move?
What are you thinking?

We have a solid case for manslaughter.

Whether you believe
Arnou's account or not,

there... there's no question
he used excessive force.

Manslaughter?

You just told me he choked
him out for three minutes

after he was already unconscious.

Correct, but Arnou claims he
was trying to help someone.

He was trying to protect a young woman.

That woman we haven't
been able to identify.

This isn't manslaughter, Nolan.

This is depraved
indifference to human life.

You want to charge him with m*rder?

Absolutely.

We need to make a statement.

The facts are tricky.

Arnou claims he was trying
to save a woman's life,

not to mention he has
no history of v*olence.

I understand. But this is
George Floyd all over again.

And I'm sure as hell not gonna
end up on the wrong side of it.

Charge him with m*rder two.

- [GRUNTING]
- [GASPING]

I can't breathe.

- [GRUNTING]
- I can't breathe.

[GASPS]

[TRAIN RATTLING]

[OBJECT CLATTERS]

[BREATHING HEAVILY]

Oh, my God.

Dr. Infante, could you explain
what we just heard?

Once the air supply has been cut off,

it takes about five minutes
for brain death to occur...

half that time for an asthmatic.

The body goes through severe
seizure-like activity with convulsions.

And once enough pressure was
applied to the carotid artery,

the victim would have
lost consciousness.

Which accounts for
the last three minutes

when there were no sounds of a struggle?

- Yes.
- Meaning after those first few minutes,

Ellis Joyner no longer posed a
lethal thr*at to the defendant?

In my professional opinion, no.

And... and yet, for three full minutes,

the defendant just
continued to choke him.

Thank you, Doctor. No further questions.

[CHAIR SCRAPES]

Dr. Infante, isn't it true
that the surge of adrenaline

caused by a life-or-death confrontation

can distort not only
one's sense of time,

but also an awareness
of one's surroundings?

It's possible.

Would you characterize such
a response as reasonable?

I would say it's not uncommon.

So you're saying it is both
possible and reasonable

that in the confusion
and panic of the moment,

Brandon Arnou did not realize

that the man he believed
was trying to k*ll him

had lost consciousness?

Yes.

Thank you. Nothing further.

How long had you and Ellis
Joyner been seeing each other?

About six months.

It wasn't a storybook romance, but...

it was the best six months of my life.

You were on the train that
night with Ellis, correct?

Yes, I got off at 50th
Street to go home.

Did you interact with
the defendant at all

while you were on the train?

Yes, I caught him staring
at us a couple of times.

It was weird.

And when I got up to get off, he...

stepped in my way.

Intentionally?

Yeah, aggressively.

When I accidentally bumped into him,

he said, "Watch yourself,"
with this tone.

- What kind of tone?
- A r*cist tone.

Like, he might as well have
said, "Watch yourself, boy."

Objection, Your Honor,
calls for speculation.

The witness can't testify to
things my client didn't say.

Sustained.

The jury will disregard.

No further questions.

You claim that Mr. Arnou
was aggressive towards you,

confrontational.

He was.

But Mr. Arnou has no history
of violent behavior, none.

So?

But you do, right?

You were charged with
aggravated as*ault.

Yeah, but that has nothing to do
with what happened that night.

- He was the aggressor.
- I see.

And to be clear, you were not
a witness to the altercation

between Ellis Joyner and Mr. Arnou?

- Correct.
- So you have no idea

if Joyner att*cked that woman or not,

and you have no idea if Mr. Arnou
was, in fact, trying to help her.

I wasn't there, but I know
he didn't att*ck that woman.

But you weren't there.

No further questions.

The witness may step down.

Call your next witness, Mr. Price.

The prosecution rests.

Mr. Kagan, you're up.

The defense calls Rebecca Lasky.

Objection, Your Honor, unfair surprise.

This is the first we are hearing
of any witness by that name.

That's because this witness
only just came forward.

♪ ♪

Ms. Lasky, were you
on the C subway train

the night Ellis Joyner was k*lled?

Yes, I was there.

Did you witness the altercation?

Yes, I did.

Can you tell us what happened?

I entered the subway car

and accidentally bumped
into Mr. Joyner, and...

he appeared to be mentally
disturbed in some way.

He kept making these
aggressive grunting noises.

And then he lunged at me.

And then what happened?

He reached into his pocket.

I was scared he had a Kn*fe
or something, so I screamed.

I screamed for help...

and that man saved me.

My client, Mr. Arnou?

Yes, he grabbed Mr. Joyner,
and he pulled him away from me.

And then Joyner att*cked him,
and they started fighting.

I was terrified.

If he hadn't been there...

That man is a hero.

♪ ♪

[KNOCK AT DOOR]

Yep.

Turns out there really
was a female witness.

- So I've heard.
- She was credible, too.

Her testimony was compelling.

Meaning what?

We should offer a manslaughter plea.

[SCOFFS] I'd be surprised
if they accepted it,

but it's worth a sh*t.

But the audio-video clip
hasn't changed, correct?

Excuse me?

The clip where we hear Mr.
Joyner begging for his life,

where we hear Mr. Arnou
choking out an unconscious man

for a full three minutes.

That is correct. That clip still exists.

But there is now more context for it...

context that is not in our favor.

But just because a white woman
saw Joyner as a thr*at

doesn't make it true.

Like I said, her testimony was credible.

The jury seemed to
respond quite favorably.

But the witness wasn't actually
there when the m*rder took place.

She left before the fight ended, right?

That's why she didn't
show up in the video.

- Mm-hmm.
- So make that clear, Nolan.

Remind them that Ms.
Lasky wasn't present

when the defendant choked
the life out of Mr. Joyner.

_

Ms. Lasky, you weren't actually present

when the defendant strangled
Ellis Joyner to death, correct?

No, the train stopped while
they were still fighting,

and I got off.

But I saw the start of the fight.

I saw Mr. Arnou grab Joyner by the arm

and pull him away from me.

And then I saw Joyner
elbow him in the face.

Right, because Mr. Joyner was terrified.

From his perspective, he was
the one fighting for his life.

I don't know.

It all happened really fast.

And they were yelling at each other.

And Mr. Arnou kept yelling
at him to stop, to surrender,

and that he was bleeding,
and he was dirty...

or fighting dirty.

I don't really remember the exact words.

But Joyner didn't listen.

He reached into his pocket.

It looked like he was
trying to grab a Kn*fe.

So Mr. Arnou tackled him,

and they started wrestling.

That's when the train
stopped, and I got off.

Just got off?

You didn't tell anyone
what was happening?

I wasn't thinking straight.

Everything was happening at once.

[SIGHS] When the doors opened,

I ran out to look for someone to
tell, like a cop or something.

But the subway station was empty.

Then the doors closed,
and the train took off.

So that means you weren't
there during the three minutes

that Ellis Joyner was unconscious

and the defendant continued to
choke the life out of his body?

No, but, like I said,
I thought he had a Kn*fe.

I'm sure Mr. Arnou did, too.

Did you actually see a Kn*fe?

- No, but...
- Did you see a w*apon of any kind?

- No.
- And you had no idea

that Ellis Joyner was
severely asthmatic?

I didn't at the time.

Mr. Joyner had been in an altercation
with a fellow comic that night,

then a fraught, verbal
argument with his boyfriend.

High-stress situations can
trigger an asthma att*ck.

Ellis Joyner was having
an asthma att*ck.

He wasn't acting aggressively,
nor was he mentally ill.

He was simply having an asthma att*ck,

and you misinterpreted his behavior.

You saw a scary Black
man making a noise...

- Objection.
- Sustained.

[SOFT TENSE MUSIC]

[SIGHS]

♪ ♪

Mr. Joyner's behavior
that night was consistent

with someone suffering from
an asthma att*ck, correct?

Yes, I suppose.

And if that's what it was...

I feel terrible.

Then... this whole thing i-is...

it's all my fault.

But either way, Mr. Arnou
came to my defense.

♪ ♪

He tried to help me,

and he shouldn't be held responsible.

♪ ♪

She made a strong case that
Arnou is not the one to blame.

Yeah.

What do you think about
what Lasky said in there,

that, uh, bit about Arnou saying
something about blood and dirt?

Oh, I-I don't know what
to make of it. Why?

Do you think it's possible
he was saying something

about "blood and soil"?

- That's a n*zi slogan.
- Exactly.

It's the new battle cry of
white nationalist groups.

You think Arnou is a white supremacist?

Yeah, I-I don't know.

I'm... I'm just trying to understand

why he was saying "blood and dirt."

We interviewed his
neighbors, his coworkers.

None of them reported
anything that would suggest...

What about where he trains,
the, uh, Kovac Academy?

- What about it?
- Detectives interviewed the owner.

He has ties to a few white
nationalist organizations.

Check it out.

I already told you.
I don't know Arnou too well.

I just have a few questions.
It won't take long, promise.

[GRUNTS]

Fine, what do you want to know?

Have you ever heard him say something

that might be interpreted as r*cist?

I'm sorry, but I can't help you.

You can't, or you don't want to?

I'm closing up, so...

You're aware that Arnou
is on trial for m*rder?

I am.

♪ ♪

Hold up.

♪ ♪

Look, I can't get into
the details, but...

let's just say you're heading
down the right path.

"Right path"? What the hell
is that supposed to mean?

Like I said, I can't help you.

Why not?

Because it would blow my cover.

♪ ♪

You're a cop?

Nick, good to see you.

How you doing, Robin?

- Thanks for coming down.
- Of course.

Um, this is Carol Oberlin.

She's our Deputy Commissioner
of Counterterrorism.

- Glad to meet you.
- Likewise.

I understand you stumbled on
to our undercover operation.

We did.

And, fortunately, a detective
of yours has information

pertinent to a m*rder we're prosecuting.

Uh, that's great.

But, uh, let us get you up to speed

on what it is we're
actually investigating,

give you a sense of the scope
of what we're dealing with here.

- Please.
- Okay.

We've actually had our eye
on Kovac for a while now.

His gym is an "active club,"

part of an international network

of white supremacist sleeper cells,

all fronting as small MMA-style gyms.

How big a network are we talking about?

So far, we've identified
over 30 active clubs

across 9 different states and
several provinces of Canada.

So how do they work?

The clubs operate as
recruitment centers.

They lure in young white men
under the guise of getting fit,

while indoctrinating
them in r*cist ideology

and training them in m*llitary combat.

- They're building an army.
- They're trying to.

It's the new face of hate.

No more white sheets or burning crosses.

They've adapted and created a façade

to mask their r*cist beliefs.

But we need your undercover's testimony

to secure a conviction
against one of their members.

Detective Fields has spent nine months

embedding himself in this community.

All that goes out the
window if he testifies.

I get that, but we're talking
about m*rder here.

We're not trying to step
on your toes here, Nick,

but we poured a lot of resources

and manpower into this operation.

The stakes are pretty high.

We've recently received credible intel

that Kovac is now stockpiling firearms

and expl*sive materials.

These men are t*rrorists.

They're capable of significant v*olence.

Are you asking me for a favor?

I'm suggesting you take a
big-picture view of the situation.

[DRAMATIC MUSIC]

♪ ♪

We'd greatly appreciate it.

♪ ♪

- They're planning an att*ck?
- Against who?

It appears to be some
sort of coordinated effort

along the lines of the
January 6th insurrection,

only more violent and without
advanced warning this time.

This only underscores
how dangerous Arnou is.

Uh, the jury needs to know
he's part of this organization.

But exposing the undercover

would blow up the whole investigation.

He's the only asset
they have on the inside.

But Ellis Joyner was m*rder*d

most likely because he was Black.

- He deserves justice.
- I couldn't agree more.

All I'm saying is, we can't call
the undercover as a witness.

It's for the greater good.

Oh, the greater good, right.

Thank God for that phrase.

- Excuse me?
- [NOLAN SIGHS]

Helps justify a lot of otherwise
unjustifiable positions.

You're a terrific prosecutor, Nolan.

You're just gonna have
to find another way

to make clear to the jury
that Arnou is r*cist.

_

Mr. Kovac,

you were Brandon Arnou's
personal trainer, correct?

Yes.

You two spend a lot of time together?

About five hours a week.

Would you say you were friendly?

Not really. We worked out together.

- Five hours a week?
- Yes.

You and the defendant ever
discuss racial ideology?

I don't know what that means.

Did you ever discuss racial purity,

uh, interracial marriage,

the role that Black people should

or shouldn't play in society?

I don't know what you're talking about.

Permission to treat the witness
as hostile, Your Honor?

Permission granted.

You have a tattoo on your
arm, the number 88.

It's a neo-n*zi symbol, isn't it?

I don't know. I just like the number 88.

So you don't have a problem

- with Black people?
- No.

Even though you have four
prior battery convictions,

all for assaulting Black men,

two that were charged
as hate crimes, correct?

It was a long time ago.

Even though your bio

in your various social-media accounts

- contains the phrase "blood and soil"?
- Objection, relevance.

Rebecca Lasky testified
she overheard the defendant

utter something about blood and dirt.

She was likely referring
to the defendant's use

of the phrase "blood and
soil," a racial dog whist...

Objection, Ms. Lasky never
mentioned the word "soil."

Her recollection was vague.

We have a right to
raise the possibility.

I agree. Overruled.

You may proceed, Mr. Price.

Isn't it true that "blood and soil"

is a n*zi reference

to a racially uniform society?

It means you're proud of who you
are and where you come from.

And for you, that means being white.

♪ ♪

Yes.

♪ ♪

You taught the defendant
how to fight, correct?

Yes.

Teach him how to put
someone in a choke hold?

Yes.

Did you teach the defendant
to hate Black people?

Objection!

Withdrawn.

Nothing further.

Mr. Kovac, did you ever
discuss race with Mr. Arnou?

- No.
- Have you ever heard Mr. Arnou

- say "blood and soil"?
- No.

Ellis Joyner was 6'2"
and weighed 210 pounds,



As a self-defense expert,

do you think it was reasonable

for Mr. Arnou to believe
Joyner posed a lethal thr*at?

Absolutely.

Thank you.

No further questions.

♪ ♪

Brandon Arnou is an
elementary-school teacher,

who's never gotten so much
as a speeding ticket.

He did not wake up that morning

thinking about taking
another person's life.

He did not get on that
train looking for a fight.

But when he saw a fellow
citizen being att*cked,

he stepped up.

He did something.

I live in Park Slope.

I take the subway every
day to this courthouse,

and I take it home every night.

And I pray...

that if something were ever to happen,

someone like Brandon Arnou...

is on that train with me.

Rebecca Lasky heard the defendant

screaming something
about blood and dirt.

Most likely what he was
screaming was "blood and soil,"

as a phrase that speaks to
a declaration of hatred

for all people of color.

Ask yourself why.

People like Mr. Arnou keep
their bigotry buttoned up.

They only discuss it

with people they know share
their hateful worldview.

They rely on plausible deniability,

because if the racism isn't overt,

many people,

many good people are all too happy

to assume it isn't there.

Except that, every once in a while,

in moments of panic or... or anger...

their mask will slip,

and their true nature is exposed.

♪ ♪

Ellis Joyner was an innocent,
unarmed Black man,

suffering a medical emergency.

And the two white people
on that train with him

assumed he was a violent thr*at,

and they att*cked him.

The defendant may not
have entered the fight

with the intention to k*ll,

but at some point, his focus shifted,

and his racial hate began to manifest.

That moment was when the victim,
Ellis Joyner, passed out,

when he was no longer
a thr*at to Mr. Arnou.

And rather than release Mr. Joyner,

Arnou continued to choke him

for three minutes.

That is when his true colors emerged.

That...

is when he m*rder*d Ellis Joyner.

♪ ♪

_

Mr. Foreperson, has the
jury reached a verdict?

We have, Your Honor.

In the charge of m*rder
in the second degree,

we find the defendant, Brandon Arnou,

not guilty.

- [CROWD GASPS, GROANS, CHEERS]
- What the...

Yeah, baby.

Members of the jury,
we thank you for your service.

♪ ♪

Tough case, but you did a hell of a job.

Thanks. [SIGHS]

It might have gone differently if I...

if I didn't have one hand
tied behind my back.

We did the best that we could.

No, we could have done better.

We just chose not to,
for the greater good.

I stand by my decision.

Hey!

- There he is.
- And one day soon,

when we take these bastards down

and roll up their whole
damn r*cist organization,

you're gonna realize it was
the right decision as well.

[INDISTINCT CHATTER, LAUGHTER]

♪ ♪

Ellis Joyner deserved better.

♪ ♪

- All right, man.
- All right, man, come on.

♪ ♪