Law & Order (1990–2010): Season 19, Episode 1 - Law & Order - full transcript

A stockbroker Todd Hauser shows up on an emergency room experiencing stomach pains, which was thought to be the result of what he ate for lunch. When he dies, and massive internal bruising is determined to be the cause, Lupo and Bernard discover the victim was involved in organized street fighting.

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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.

That was pretty decent.

Yeah? Well, I can't
wait to see you in action.

Okay, so let's do this.

NEIL: Hauser, are
you working MDX?

TODD: Yeah.

You see what's happening?
You still want those puts at 38?

No, uh, scratch the ticket.


Todd, you look like
hell, man. Are you okay?

Yeah, just, uh, stay away from
that falafel guy on Water Street.

All right.



Cause of death was
catastrophic internal bleeding.

He staggered in
a little after 4:00,

vomited at the admissions
window and collapsed.

His vitals had flat-lined by the
time we got him on the table.

That bruising's fresh, and
his forearms are swollen.

Probably from defending himself
from whoever beat the crap out of him.

Expensive shoes, nice shirt.

Flip him.

Back of his shirt and the
seat of his pants are all torn up.

Whoever kicked his ass
had him down on the ground.

But not a mark on his face.
They didn't want it to be obvious.

Todd Hauser. There's
an address on Rivington.

He worked at Wasserman Gardner.

A stock broker, beaten to
death in the middle of a work day.

In this economy, this is the
kind of thing that might catch on.

Todd was hunched over his desk

all afternoon yesterday,
holding his stomach.

I asked if he was okay.

He just said keep away from
the falafel cart on Water Street.

I thought you guys never left
your desks when the market's open.

We don't. Todd
snuck out at lunch.

He was carrying rollerblades.

I thought he went blading. We play in
a street hockey league on Saturdays.

Trust me, this was
no blading accident.

If somebody hurt him,
Todd would've told me.

Did he have any
other past-times?

Drugs, gambling.

No. Are these the
skates you saw him with?

NEIL: Yes.

These wheels are brand new. Triangle
Board and Skate, off Union Square.

He brought in his
skates yesterday.

He wanted more traction,

so we swapped out
his wheels for 82A's.

Okay, what did he look
like when he came in?

When he dropped off his
skates or when he came back?

We'll take both.

The first time he was fine, but
he came back like an hour later,

and, man, he was dragging ass.

His girlfriend brought
him some cold packs.

His girlfriend, what
did she look like?

She's Asian. She's hot.

I don't know her name, but
she always wears a Pixies t-shirt.

So, you've seen her before?

A few times, over on the Square,

handing out comps for
the Grand Street Ballroom.

He hit on me in Union
Square yesterday.

We hung out a little,
but I'm not his girlfriend.

He's not my type.

Well, you liked him enough to buy
him cold packs at the skate shop.

Oh, that? It was
the least I could do.

He tripped over one
those metal things,

you know, that they
put around the trees.

No kidding?

So he did all of this falling over
one of those little metal things?

Oh, God. What's wrong with him?

He's dead.

Somebody beat the
living daylights out of him.

Well, I don't know
anything about that.

Look, I gotta go. I'm
gonna be late for class.

Whoa, whoa, whoa, whoa.

What did you take
my picture for?

In case you lied to us, Donna.

We'll need it for the
wanted poster. Look.

Pixies t-shirt and all.

Wanted poster? That's a new one.

The girl checked out,
no beefs with the law.

Lives in a dorm at NYU,
major in Victorian Literature.

With a minor in lying.

Find some hook into that
girl and bring her back in.

Sorting through
your photo collection?

(CHUCKLES) Yeah. No, this
is Todd Hauser's Blackberry.

CCS broke the password.

Check out this e-mail
blast he got this morning.

"It's on. Union
Square, 3:00 p.m."

Union Square? That's
where Todd's troubles started.

Yeah. This message was
CC'd to a couple dozen people.

Yeah, including
her. "Surfer Rosa."

Right there. It's
a Pixies album.

Yeah, the girl was
wearing a Pixies t-shirt.

Well, whatever's on at 3:00
p.m., the girl's a part of it.

You've got 20 minutes
to get to Union Square.


Yeah, over here, man.

MAN: Dude, are
you ready for this?


Feels like something's
about to go down.


MAN 1: Yo! Here
we go! It's show time!

MAN 2: All right. Keep those
punches down. No shots to the face.


A street fight with a referee.

Yeah. Maybe this is how
Todd got his ass kicked.

Look at this over here, man.

WOMAN: Come on. Hit him harder.

Hey, look. It's our friend.

I see.

Come on, man, above the waist.

Nothing in the face.
That's what I told you!

You all right?

We got to stop this. Yeah.

REFEREE: You sure?
You sure? You sure?

Hey, you going to do your job?

Oh, yeah. Sorry.

All right. Hook 'em both up.

For what?

Just do it.

All right, all right.
Let's stop this.

Hey, come on, man, this ain't
fair. They both want to fight.

You too, Don King. Come
on. You're coming with us.

Aren't you supposed to be in
class? Let's go. Let's take a ride.

We got rules. No head or face
shots, nothing to the groin area.

If you're some kind of pro or
you got training, you've got to tell.

What's in it for you?

I give lessons to some
of the younger dudes.

And these lessons,
they don't come for free.

You got a problem with
capitalism, move to Cuba.

We got a problem when
somebody gets beat to death.

You recognize him?

Yeah. Yeah, he was
out there on Tuesday.

Got whopped big time.

By who?

Nobody gives their name.

I didn't mean to lie. I just
didn't want to get in trouble.

LUPO: Yeah. Well,
you are in trouble.

So, why don't you
tell us what happened?

You know, I think she
liked watching Todd

get the life beat out of him.

No way, I didn't...

And the guy who killed
him is her boyfriend.

That's insane. No, no,
I like the sound of this.

You liked watching your
man kill someone, didn't you?

In fact, you probably
set the whole thing up.

Yeah, she probably played Todd.

Made him fight.

Unless you want a charge of
conspiracy to commit assault,

you better help
us find this person.

Okay. I think I saw
him in one of the videos.

On the Internet.


Hang on, this is a good
one. Watch what happens.

Did you see that? He puked!

You should see about
getting some counseling.

You see the guy
we're looking for?

No, maybe in the next one.

DONNA: Oh, wait, that's him!

BERNARD: Which one?

Him, with the hard hat.

VAN BUREN: Construction
workers on break.

They can't be more than a
few blocks from the Square.

Whatever happened to just
watching pretty ladies walk by?

You're looking for Vince. He's the
guy working that steel over there.


Hey, Vince? Detective Lupo.

This is Detective Bernard.

We'd like to talk
to you for a second.

What's up, fellas?

You know him?

Yeah, we mixed it up at
Union Square a few days ago.

Is that yuppie dip trying to
press charges or something?

No, you beat him
till his kidneys burst.

Maybe you want to pay a fine.

Hey, he challenged me.

Come on, this is
bull and you know it.

Oh, yeah? That's your opinion.

Us, we're charging
you with murder.

Murder? What? No way!

We'll show you the
autopsy pictures.

You can order a set
for your scrapbook.

(CHUCKLING) Ralph, Larry,
you see what's going on?

They're arresting me
for fighting that guy.

My buddies aren't
going to let this go.

Lupo and Bernando,
remember those names, Ralph.

Bernard. Lupo and Bernard.

Why's everybody so hostile?

You got the guy, right? This guy,
Vince Fonsella? That's what we heard.

You're charging him with murder?

Well, we're still
sorting that out.

What's to sort out?

Look, I'm sorry, Mr. Hauser,
about your brother,

but the fact of the matter is
that he consented to the fight.

He didn't consent to be killed.

Do you believe this!
They're blaming Todd.

We heard this Vince guy, he kept
beating on Todd even after Todd tapped out.

Tapped out?

Surrendered. It's
supposed to end the fight.

All right, Mr. Hauser,
you're not in your firehouse.

Where did you
hear he tapped out?

The Internet. Somebody posted a
comment where they have fight videos.

Well, we'll look into that.

Yeah, yeah, that's
great. You do that.

Well, if Todd tapped out,
he withdrew his consent.

That ups the charge to second
degree assault, maybe murder.

Those law classes
are paying off.

We still need a
witness to corroborate.

Well, the comments were posted
on the Internet anonymously.

If you can subpoena the ISP's.

Sure, and maybe I'll get
them three months from now,

but I have to arraign Vince
Fonsella within 24 hours.

So, I need you guys to dig
up everything you can by then.

Anything we get, you get.

And next time, before
you arrest someone,

try bringing the ball
forward a little more.

I don't like playing catch-up.

CLERK: "Docket number 08863.

"People v. Vincent Fonsella, Assault in
the Third Degree and Disorderly Conduct."

Assault? He killed my brother!

Oh, come on, sit down!

JUDGE: Quiet!


JUDGE: Quiet!

How do you plead Mr. Fonsella?

Not guilty. The victim
challenged my client to a fight.

This was mutual
combat, a sporting event.

Your Honor, the
People request remand.

For a misdemeanor assault?

Mr. Fonsella resides
with his wife and children.

He's had the same
job for seven years.

Pending witness confirmation,

we expect to indict for murder.

I don't see a murder charge on the
piece of paper in front of me right now.

Cross your T's before
you get here, Ms. Rubirosa.

The defendant is released
on his own recognizance.


Hey, you can't let him go! Hey,
say something, lady! Do your job!

Get them all out of
here! Get them out!


The big guy tackled
Todd to the ground.

He was on top of him. I couldn't
see what Todd was doing.

I don't know what
you want from me.

You want me to
say he tapped out?

We want the truth.

I am telling the truth!

They were blocking my view.

And you, the fight junkie, you
didn't move to get a better look?

All right, put her in holding while I
talk to the D.A. about obstruction.

No, no, please.
Just let me think.

So, you were standing
behind Vince's buddies.

Maybe they said something.

Well, they didn't say anything
about Todd tapping out.

One of them just said that he
pulled a Roberto-something.

A Roberto Duran? Yeah.

He said Todd pulled
a Roberto Duran.

"No más, no más." He gave up.

Sounds like somebody
saw him tap out.

Who said this about Todd?

An Italian guy, long hair.

I never said nothing
about Roberto Duran.

Hey, you know what? You already
got Vince, so why are you harassing us?

Because the guy Vince killed
was trying to tap out of the fight.

And you all saw it.

Come on, guys,
whatever happened to,

you know, playing by the rules?

Hey, nobody saw a tap-out.


All right, construction
site's a dangerous place.

You and your girlfriend
might want to take off.

I got nothing to say.

Do unto others.

You wind up dead, you'd want
someone to speak out, right?

I ain't no martyr.
I got a family.

Vince's cousin owns this outfit.

I snitch, I won't be working.

Then don't snitch, then.

Just let us know if we're on
the right track with this tap-out.

Vince saw the tap-out.

He said he just wanted
to get in a few last shots

before the ref
stopped the fight.

Wait, wait, but the ref
didn't stop the fight?

He was busy
rapping to some girls.

Vince just kept
wailing on that guy.

Put me in court, I'll deny it.

I assume this meeting means that

you've come begging for a deal.

CUTTER: We don't need to beg.

A witness says Todd
Hauser tapped out.

I know 20 guys
who say he didn't.

Our witness also said you saw
the tap-out but continued the assault.

We're offering your
client Man One.

Not a chance.

This was a consensual
competition between two amateurs.

On the other hand,
Mr. Gates, I'm a professional,

and if you insist on going
to trial, I'll ask for 20 years.


Criminally negligent homicide.

My father used to talk
about the bare-knuckle

street fights during
the Depression.

But they were fighting for
money to feed their families.

These guys, they're
feeding their egos.

With police officers cheering
them on from the sidelines.

Command's excuse is that
because the fights are consensual,

all they can do is issue
tickets for disorderly conduct.

If the police won't shut this down,
we will. We need to make an example.

Except the victim in this case did
challenge the defendant to a fight.

But then he threw in the towel.
Isn't that what your witness said?

We used the witness to leverage
the plea, but he won't testify.

Anyway, between the spectators
and the girl who egged on Todd Hauser,

there's enough blame
here to go around.

That's a fine,
mealy-mouthed sentiment.

If negligent homicide is
the best you can do, take it.

But make sure
Mr. Fonsella does jail time.

Bernard, check this out.

Fonsella's high school yearbook.

Vincent Fonsella was in the
Golden Gloves boxing club

at his high school.

Undefeated, his senior year.

Something Fonsella
forgot to tell Hauser.

Deal is, if you're
a trained fighter,

you're supposed
to tell the other guy.

How the hell did you miss this?

I thought you'd be
happy we found it.

We gave Fonsella a plea on
the assumption he was untrained.

This makes him liable
for second-degree murder

instead of the
slap-on-the-wrist we agreed to.

CUTTER: This plea was
predicated on the belief

that the fight was consensual.

Since the defendant
misrepresented his skill level,

the victim's consent
was fraudulently obtained.

We're moving to void
the plea agreement.

Todd Hauser played college
hockey. He wasn't a pushover.

I agree.

In the street, you take your
opponent as you find him.

Since the defendant knew
that he'd do harm to Mr. Hauser,

he can't plead to negligence.

I'm not clogging my calendar because
the D.A.'s office didn't do its homework.

The court accepts the defendant's
plea to Negligent Homicide.

CUTTER: Over our objection.

JUDGE: So noted.

The People will be requesting
the maximum, four years.

Don't get your
hopes up, Mr. Cutter.

I'm leaning against
giving jail time.

Negligent Homicide?
What the hell is that?

Todd Hauser's brother.

Mr. Hauser, the
case isn't over yet.

That's not what the judge said.

You guys screwed up.

I understand how you feel.

Understand? My kid brother was
lying with his face on the pavement,

his guts filling up with blood,

getting beat to death
while people cheered.

And the animal
that did it to him

is gonna walk because of you.

Probation for a murder.

Well, we all came
up short on this one.

We? I don't see your boss sitting
here eating crow with the rest of us.

He knew it was a
dicey case to begin with.


Looks like it still is.


Let's go.

Witnesses said they
were 20 or 25 combatants.

They were still fighting
when we got here.

We got two dead,

a third may not
make it, 12 injured.

weren't messing around.

It's okay, we're right here,
Reggie. We're right here.

Okay, come on. We'll follow
Daddy. Let's go. Come on. Up.

Todd Hauser's buddies
mixed it up with Fonsella's crew.

Fonsella is one of the dead.

We have six in custody so far.

The injured are at the E.R. We're
headed over there now to make arrests.

Justice by other means.

SEAN: I got nothing
to say about it.

We're hearing Fonsella's
guys started this.

Is this true?

I told you. Nothing to say.

Put him under arrest. As soon as he's
patched up, take him down to the station.

There you go.

They started dissin'
Vince when we left court.

I thought we were going
to throw it down right there,

but the cops were all around.

Then one of the gel heads says,

"We settle this, 6:00
p.m., East River Field."

Yeah, and that's where you went.

Hell, yeah.

And you brought weapons?

No comment.

They did, too.

No one leaves here without
giving a statement to a detective.

Yes, I'm still holding for
the Chief of Detectives.


Hey! You can't hook
them up together.

All right. Come on!

Can I help you?

They told me to
give a statement.

Were you a witness?

My husband. My husband...

Yes, I'm still here.


Tell the Chief I'll
call him back. Yes.

What happened to your husband?

We were in the
park with our son.

And all these men showed up.

It all happened so fast.

My Reggie got hurt.
They just told me he was...

(CRYING) He was... He was...

I'm so sorry.

Why were they
fighting? Can you tell me?

Why did they fight?

CLERK: "Case 363421.

"People v. Jason Kimmel, Ralph
Ricci et al. Riot in the First Degree."

Quiet! Quiet!

These are the East
River brawl all-stars?

Uh, Your Honor, I object
to your characterization.

Mr. Reardon, since you're the
best dressed lawyer here today,

I'm appointing you
spokesman for this motley crew.

They're all pleading
not guilty, I assume.

Absolutely, Your Honor.

Your Honor, we're requesting
remand across the board.

These defendants
engaged in a brawl

that left three dead
and 12 injured.

There are different
levels of culpability here.

We're still sorting
that out, Judge.

When you're able to identify
who did what, we'll talk.

Bail is set at $10,000
per defendant.

A mallet, a crowbar, a hatchet,
it's the gangs of New York.

Open warfare because we
put a thug back on the street.

We did the best we
could with what we had.

We let this case
get away from us.

Charge every last one
of them with murder.

It was a free-for-all.

We can't prove which
defendant attacked which victim.

It's too early to tap out, Mike.

Hey, Lupo found a video
of the brawl on the Internet.

Yeah. That's... Right
there, that's Jason Kimmel,

and that's Neil Whitman
from Todd Hauser's work.

And that is Adam Neville,
from Todd's hockey team.

CUTTER: And now, we have
them on video killing Fonsella.

Let's get them
remanded immediately.

Unless we know who shot that, we're gonna
have a problem getting it into evidence.

Well, who posted
it on the Internet?

He calls himself "I Was There."

I don't think he's
in the phonebook.

Yeah. According to
our computer guys,

"I Was There" set
up a phony account,

and uploaded the
video at an Internet cafe,

so there's no way to track it.

Did you show me this video just to
annoy me? This is our best evidence.

No judge is going to allow something
we just found on the Internet.

Plus, we don't have the original and
we can't demonstrate who made it.

Except, the defense
doesn't know that.

CUTTER: No doubt
that's your client.

No doubt he's helping
his friends commit murder.

What's your offer?

He pleads to Man One. Ten years.

I didn't know Jason was
going to go off like that.

But once he did go off, I didn't
see you lift a finger to stop him.

That guy killed our
friend. We were upset.

Upset? You win the prize for
understatement, Mr. Whitman.

Ten years and he testifies
against his accomplices.

Look, I'll testify.
But please...

I don't belong in prison.

You've got this
damning piece of video,

yet you're offering us Man One.

Why is that?

Well, we're not
looking for blood.

We understand this crime
was driven by emotion.

But ten years? McCoy's
practically giving away the store,

and an election year to boot.

Yes or no, Mr. Reardon?

This video, you've got a
problem with it, don't you?

You don't know who shot it.

It's not the only evidence.

Your client's accomplices have
agreed to testify against him.

Maybe you can scare them with
this video. I'm moving to exclude it.

Since the People cannot authenticate
this video or even tell us who made it,

I'm excluding it.

In that case, we move to
dismiss the murder charges

against all three defendants.

Last chance, Mr. Cutter. Do the
People have any admissible evidence

tying the defendants
to this murder?

At this point, no.

The murder charges are
dismissed without prejudice.

I will be happy to
reinstate the indictment

when the District Attorney
gets his act together.

This brazen violence
has truly shocked our city.

We're appealing to the
public for any information

that will lead to the
conviction of those responsible.

In particular,

we ask the person who made the
video of Vincent Fonsella's murder

to step forward
and identify himself.


Mr. McCoy, the video clearly
identifies Mr. Fonsella's assailants

and yet your office hasn't
managed to indict anyone for murder.

That's why we're out here today.

Mr. McCoy, wasn't
your office negligent

when it allowed
Fonsella to remain free?

That was a judge's
decision, not ours.

But didn't you allow him to
plead to a reduced charge?

He pled guilty to
a felony homicide.

He got no favors. I
think we're done here.

Mr. McCoy, should
you decide to run,

why should New
Yorkers support your bid

for another term as their D.A.?

Watch what I do.
That's your answer.

I am not doing that again.

This office begging for help,
looking weak and ineffectual.

Well, we won't look so weak
once we get our convictions.

If we get them.

Right now, that depends
on some amateur cameraman

growing a spine
and stepping forward.

Failing that, we'd better figure out
a way to prosecute these hooligans

before other gangs
get the idea that

they can have a bloodbath
and get away with it.

I did some research,
and under Article 490,

we can charge
them with terrorism.

That statute was written six days
after 9/11 to prosecute acts of war.

Nice try, Connie.

As I recall, it was
worded pretty broadly.

How would you apply it here?

It applies if an
individual's intent

is to disrupt
government institutions

or to intimidate the public
through acts of violence.

And these people rioted
because they didn't like the way

the criminal justice
system did its business.

It was a rumble,
Jack. A grudge match.

In a public park, with
hatchets and lead pipes.

They terrorized and
killed innocent people.

Charging three brawlers
with terrorism isn't justice.

I'm not charging
just these three.

I'm charging them all. We created
this problem. We're going to fix it.

Jack, the terrorism statute
carries an automatic life sentence.

You think every one of
those people deserve that?

A jury will decide
who deserves what.

You just get me the indictments.

CUTTER: Unhappy with
how a case was prosecuted,

they engaged in
mass vigilantism.

With the intent to subvert the
authority of the District Attorney,

they organized a
riot in a public park.

So prosecute them for rioting.

This indictment is an insult

to the real victims of
real terrorist attacks.

There were real victims here,

innocent bystanders
killed and injured.

You're on the razor's
edge, Mr. Cutter,

but if you can
sell it to a jury...

Of course, he'll sell it.

Judge, he'll scare
the pants off the jurors,

simply by uttering
the word "terrorism."

The acts these defendants are
accused of are what will frighten the jury.

The District Attorney is
putting forth an intriguing theory.

See if you all can
agree on a trial date.

We survived a motion to
dismiss, that's half the game.

Just because I can
parrot the party line,

doesn't mean I buy into it.

BERNARD: All of the weapons had
multiple sets of fingerprints on them.

There was no way to tell
who was holding what, when.

All we have to go on is the
video, which we can't use, right?

It doesn't matter. The good
thing about the terrorism statute

is that we don't have to connect
an individual to a specific weapon.

So, the defendant
who yelled insults

pays the same price as
the one who used this.

We're calling that a good thing.

You throw in with a gang,
you own what they do.

I grew up in Compton. We
could've used a law like this.

LUPO: The Bloods and
the Crips are not terrorists.

And neither are a bunch of hardhats
and day traders with anger issues.

But it sure makes a
hell of a sound bite

when you're
running for election.

I see.

A few law school
classes, Detective,

and all of sudden, you're
an expert on jurisprudence?

Maybe not, but I do have
one credential you don't.

I spent four years
chasing actual terrorists.

All the more reason
I need you to testify.

At the end of the day, we all
want the same thing for the city.

Safe streets, freedom from fear.

That's funny.

When a cop stretches
the rules, we get slammed.

When you do it, we're
supposed to hear the angels sing.

I'll testify in your terrorism trial
about what I saw and what I heard.

But if you try to use my
resume to sell your case,

you won't like what you hear.

Look, I'll talk to him.

Take Detective Lupo
off the witness list.

I guess that's easier than
deciding if he has a point.

It was a nice evening, so we
took our son, Willie, to the park.

Reggie was going to
throw a football with him.

When we got to the park,

we saw some men coming
towards us from Houston Street.

And what happened
next, Mrs. Hodges?

Another group of men
came from the other side.

They were carrying
bats and pipes.

Before we knew it,
they started to fight.

Reggie pushed
Willie and me away.

And then one of
them started hitting him

with a tire iron for no reason.

Another one started
punching him.

Reggie went down, there
was blood all over him.

Willie saw his father
beaten to death by this...

This mob.

No more questions.

I'm very sorry for your loss.

Now, you testified

that you wait tables at a restaurant
on Vesey Street, downtown.

Were you working there on 9/11?

Yes, I was.

So you must remember
what it was like that day.

I'll never forget it.

I saw people jumping
from the towers.

Do you remember how you felt?

Like we were in a war, but...

"Like we were in a war."

Thank you. No further questions.

BERNARD: We recovered three
baseball bats, two metal pipes,

a bike chain, two tire
irons, a piece of rebar,

a mallet, a hatchet, three
pocket knives, a wrench.

What else did you observe?

A lot of terrified people
were trapped in that park

once the fight broke out,

people in the neighborhood
who had seen the violence.

Nothing further.

Detective, when you
interviewed the defendants,

did they express
any political views

or any desire to disrupt
any government institutions?

Some of them said
they weren't happy

about the way the
justice system worked.

So they made no
political statement.

Public violence is
a political statement.

Move to strike.

I grew up running to
school through the alleys,

so gang-bangers
wouldn't jump me.

The answer is stricken.
My whole neighborhood

was paralyzed
in fear. Detective!

The jury will disregard
the witness's answer.

No more questions, Your Honor.

Redirect, Your Honor.

Detective, you claim
that the neighborhood

where you grew up was
the target of terrorists.

Why would you say that?

Gangs had set up a
nation within a nation.

A violent criminal nation
with no regard for our laws.

When you have little kids
too scared to go to sleep,

and widowed young mothers

too scared to
comfort their babies,

that's terrorism.

CUTTER: Thank you, Detective.

After the judge let Vince
Fonsella go, I was pretty steamed.

I was on my way home
and I got a text message

saying that something was
happening over at the ball fields.

I thought, maybe, one of my brother's
buddies was going to fight Vince.

What, in fact, happened
when you got to the field?

There was a bunch of guys yelling at
each other, Vince's guys and our guys.

But if you've ever seen a hockey
fight, everybody talks smack,

guys swing their sticks, sometimes
two guys even throw punches...

But I figured that'd be
the worst case scenario.

What happened?

It got out of hand.
I heard this crack,

and there was this guy on the
ground with his head split open.

And then...

I'm sorry

innocent people got hurt.

Nobody deserved to die because
of what happened to my brother.

But we were not trying
to make a statement.

We were just hurt
and angry, and stupid.

I've served six years
in the Fire Department,

I've run into buildings
to save people.

I work with guys who
lost friends in the towers.

I'm willing to be punished,
but to call me a terrorist!

And send me to jail for life?

doesn't make sense.


You run into burning buildings
and save people for a living,

and in your spare time
you get into street fights

where innocent
people are killed?

I told you, we were angry.

Now, you invoked the memory

of the brave men and women

who went up into those
towers seven years ago.

Do you think they felt
scared, even terrified?

Yeah, sure.

But they didn't give in to their
feelings, they did their duty,

just as much as you
failed to do yours.

REARDON: Objection. Withdrawn.

Mr. Hauser, when
the fight broke out,

why didn't you try
to stop it or call 911?

I don't know.

And if you wanted to
punish Vince Fonsella,

did you consider filing
a wrongful death suit?

Lot of good that would've done.

You don't have much faith
in our justice system, do you?

If you guys hadn't
let Vince Fonsella go,

none of this would've happened.

So maybe next
time, we'll think twice

before we make
a deal with a killer?

That's right.

Maybe next time, the
courts won't be so quick

to release a murderer.
That's the lesson here, isn't it!

Yeah. That's the lesson.

So, that's your
political statement,

the message of
your violent behavior.

So, I guess you did have a point
after all, didn't you, Mr. Hauser?

Serious crimes were
committed on those ball fields.

But for reasons known
only to the District Attorney,

no individual defendants have been
charged for those specific crimes.

Whether it was a
botched investigation

or for political considerations,
we can only speculate.

But the police and
the prosecutors

can't parse out who
did what to whom.

So instead, they want you
to do their jobs for them.

They want everyone who
participated to be convicted of terrorism.

This was a street fight between
men who had nothing on their minds

except dumb payback.

And these charges are
nothing but political posturing

by an ambitious prosecutor.

Justice requires you to
acquit these defendants.

Make no mistake,

these acts were an attack
on institutions we hold dear.

Their street fight was
nothing less than an attempt

to substitute their brand of justice
for our system of due process.

By bringing their fight to a public
park and daring anyone to stop it,

they would erode the public's
confidence in the government's ability

to protect its citizens.

Their behavior meets
the criteria of a terrorist act.

Every day, we're subjected
to public acts of violence.

Bare-knuckle punch-outs
in Union Square,

teenage girls battering
each other on Internet videos,

no-holds-barred extreme
fighting on prime-time.

It's violence you
can't escape now.

Violence that brutalizes us,

excites us and terrifies us.

And we've seen what the
end of this road looks like.

It's a soccer stadium
filled with people

forced to watch men in black
turbans conduct mass executions.

And that's why you need to
find these defendants guilty

of what, I concede,
is a severe charge.

Because when we no longer
believe we live in a safe society,

then we live in terror.

Five days. It shouldn't
take that long to acquit.

Don't sell yourself short.

You gave them
something to chew on.

Rubirosa. I really don't
want any credit here.

This was your idea.

I'll come right over.

The court officers just broke
up a fist fight in the jury room.

Great. Maybe we can
watch it on the Internet.

Are you happy now?

This case has put the
whole city on overload.

Maybe you should
re-read your summation.

Something had to be done,
something out of the ordinary.

Out of the ordinary, like when
the Russian mob killed A.D.A. Ricci,

and you suspended habeas corpus?

Crossing the line was one thing
when Adam Schiff had your back.

Now, you're out
there all by yourself.

That doesn't bother me.

No, it just makes
you more stubborn.

The jury's at each
other's throats,

what if they hang
on the verdict?

Or worse, what
if they do acquit?

You're gonna look like a fool,

not to mention what it'll do

to the credibility
of this office.

Jack, you made your point.

You proved you'll protect this
city come hell or high water.

Now, prove you have
the wisdom to back down

when you're doing
more harm than good.

We hear there might be an offer?

You heard right.

So, McCoy's regained his sanity.

It's all or nothing.

The three defendants who
beat Vince Fonsella to death

plead to Murder Two, 20-to-life.

The other defendants
take two counts of Man One,

five years to run consecutively.

I'd have to do 10 years?
I didn't even kill anybody.

Well, right now, you have a life
sentence hanging over your head,

so you can whine about it
or you can cut your losses.

Even though the terrorism
charges were dropped,

this plea bargain is a just
and fair resolution of a case

that was controversial
and hard-fought.

In the end, the people
of our city will rest easier

knowing that mob violence
will not be tolerated,

and that justice will prevail
over those who engage in it.


I'd also like to
express my gratitude

to Assistant District
Attorney, Michael Cutter,

who tried this case and who
brought sense and reason

to bear on the outcome.


Thank you.

REPORTER: Mr. McCoy, do you have
plans to join the Obama administration?