"Justice on Trial" Episode #1.4

1 00:00:11,137 --> 00:00:16,015 [narrator] Last time on Justice on Trial. 2 00:00:16,100 --> 00:00:18,144 We like you for the murder of Angela Correa. 3 00:00:18,227 --> 00:00:20,020 I would never touch her. 4 00:00:20,104 --> 00:00:21,689 The primary evidence of the people 5 00:00:21,772 --> 00:00:25,151 is the alleged confession Jeffrey Deskovic made to the police. 6 00:00:25,234 --> 00:00:26,902 We can't wait for DNA results. 7 00:00:26,986 --> 00:00:28,237 Don't worry about it. 8 00:00:28,320 --> 00:00:30,406 This guy specializes in getting confessions. 9 00:00:30,489 --> 00:00:32,241 -[man] Did you attack her? -No. 10 00:00:32,323 --> 00:00:34,869 [Mentzer] You picked up this 16-year-old boy... 11 00:00:34,952 --> 00:00:36,620 -Did you hit her with a rock? -No. 12 00:00:36,704 --> 00:00:38,164 [Mentzer] ...took him to another town... 13 00:00:38,247 --> 00:00:39,790 Did you rape Angela Correa? 14 00:00:39,874 --> 00:00:43,544 ...interrogated him for seven hours until he's a sobbing mess on the floor 15 00:00:43,627 --> 00:00:44,920 in a fetal position. 16 00:00:45,004 --> 00:00:47,173 -Did you choke her? -[sobbing] Yes. 17 00:00:47,256 --> 00:00:49,049 [Mentzer] You call that a confession? 18 00:00:50,176 --> 00:00:53,596 The jury finds you guilty as charged in the indictment. 19 00:00:53,679 --> 00:00:56,056 I didn't do anything. 20 00:00:56,140 --> 00:00:57,892 I will be back on appeal. 21 00:00:57,975 --> 00:00:59,769 I will be free. 22 00:01:05,107 --> 00:01:07,985 [Jeffrey] To whom it may concern... 23 00:01:08,986 --> 00:01:13,908 I'm sure everyone who writes you claims that they are innocent. 24 00:01:13,991 --> 00:01:16,285 But I didn't kill her. 25 00:01:16,368 --> 00:01:18,454 -[tense music] -[Angela grunts] 26 00:01:18,537 --> 00:01:21,539 [Jeffrey] Nobody checked my alibi. 27 00:01:21,624 --> 00:01:25,461 They took my blood, but never used it as evidence. 28 00:01:26,837 --> 00:01:29,632 They scared me into a confession. 29 00:01:31,675 --> 00:01:33,259 I was only 15. 30 00:01:33,844 --> 00:01:36,931 Told me I couldn't eat or go home. 31 00:01:37,848 --> 00:01:39,975 Never read me my rights. 32 00:01:41,060 --> 00:01:43,604 Never showed me the lie detector results. 33 00:01:44,729 --> 00:01:47,983 They keep denying my DNA appeals. 34 00:01:48,067 --> 00:01:50,610 I am wasting my life in here. 35 00:01:50,694 --> 00:01:53,989 Please, you've gotta help me. 36 00:01:55,533 --> 00:01:58,494 Sincerely, Jeffrey Deskovic. 37 00:02:00,996 --> 00:02:03,040 I'm Judy Sheindlin. 38 00:02:03,123 --> 00:02:04,834 Before I was a judge on TV, 39 00:02:04,917 --> 00:02:07,795 I was a judge in New York City for 15 years, 40 00:02:07,878 --> 00:02:10,589 and a lawyer for 17 years before that. 41 00:02:10,673 --> 00:02:12,967 While serving on both sides of the bench, 42 00:02:13,050 --> 00:02:15,886 I learned that justice doesn't always end up feeling... 43 00:02:15,970 --> 00:02:17,054 just. 44 00:02:17,137 --> 00:02:21,809 Sometimes, the impact of one decision by a police officer, a lawyer, 45 00:02:21,892 --> 00:02:25,563 or even a judge, can change the way justice is delivered. 46 00:02:25,646 --> 00:02:28,941 We're going to demonstrate this by taking landmark cases 47 00:02:29,024 --> 00:02:32,152 from actual crimes committed by real people. 48 00:02:32,236 --> 00:02:35,072 And we'll recreate them with our trial lawyers 49 00:02:35,155 --> 00:02:37,156 and yours truly as the trial judge. 50 00:02:37,241 --> 00:02:40,119 While we're not going to recreate the trials verbatim, 51 00:02:40,202 --> 00:02:43,163 all the court's ultimate decisions are accurate. 52 00:02:43,247 --> 00:02:46,792 It will be up to you to decide whether the case was fair 53 00:02:46,876 --> 00:02:49,086 and the outcome just. 54 00:02:49,168 --> 00:02:51,797 [narrator] Real cases, actual lawyers, 55 00:02:51,881 --> 00:02:53,591 surprising verdicts... 56 00:02:55,926 --> 00:02:57,678 Justice on Trial. 57 00:03:00,139 --> 00:03:02,600 Jeffrey Deskovic was in jail for 16 years 58 00:03:02,683 --> 00:03:06,103 for the murder of his high school classmate, Angela Correa. 59 00:03:06,186 --> 00:03:09,899 It was largely due to what he said was a false confession, 60 00:03:09,982 --> 00:03:13,152 a confession made under pressure from law enforcement 61 00:03:13,235 --> 00:03:15,112 when he was only 15 years old. 62 00:03:16,238 --> 00:03:19,283 His sentence was even upheld by an appeals court. 63 00:03:19,366 --> 00:03:22,244 But finally, the Innocence Project, 64 00:03:22,328 --> 00:03:25,664 a law firm dedicated to reversing faulty convictions, 65 00:03:25,748 --> 00:03:29,710 took up his case. And what they found was shocking. 66 00:03:29,793 --> 00:03:33,589 The DNA sample from the victim, Angela Correa, 67 00:03:33,672 --> 00:03:36,800 matched a convicted killer whose name is Steven Cunningham. 68 00:03:37,843 --> 00:03:40,971 Cunningham, who was in jail for raping and murdering a teacher, 69 00:03:41,055 --> 00:03:46,393 tragically had committed that murder after he had murdered Angela Correa. 70 00:03:46,477 --> 00:03:49,396 Jeffrey Deskovic was finally set free. 71 00:03:49,480 --> 00:03:52,316 He immediately sued Putnam County and the detective 72 00:03:52,399 --> 00:03:56,320 who oversaw his false confession for wrongful conviction. 73 00:03:56,403 --> 00:03:58,530 Let's see how that played out in court. 74 00:04:00,658 --> 00:04:02,493 Counsel, note your appearance, please. 75 00:04:02,576 --> 00:04:05,871 Dan Mentzer for Jeffrey Deskovic. Good morning, Your Honor. 76 00:04:06,455 --> 00:04:09,458 Morning, Your Honor. Larry Bakman on behalf of Putnam County 77 00:04:09,541 --> 00:04:12,294 and Defendant Daniel Stephens. 78 00:04:12,378 --> 00:04:17,757 Thank you. Members of the jury, the plaintiff, Jeffrey Deskovic, 79 00:04:17,841 --> 00:04:21,762 was wrongfully convicted of the murder of his 15-year-old schoolmate 80 00:04:21,845 --> 00:04:26,392 and spent 16 years in prison before being exonerated. 81 00:04:26,475 --> 00:04:29,979 In this lawsuit, he seeks damages from the county of Putnam, 82 00:04:30,062 --> 00:04:33,399 state of New York, and its agent, Daniel Stephens, 83 00:04:33,482 --> 00:04:37,987 in the amount of $40 million for his wrongful imprisonment, 84 00:04:38,070 --> 00:04:43,450 which he alleges was a direct result of illegal, willful police practices 85 00:04:43,534 --> 00:04:46,787 which led to his conviction and incarceration. 86 00:04:47,246 --> 00:04:53,252 If you find that the police did in fact violate Mr. Deskovic's civil rights, 87 00:04:54,086 --> 00:04:57,047 then you must consider the amount of the damages 88 00:04:57,131 --> 00:05:00,718 for that violation and his subsequent incarceration. 89 00:05:01,552 --> 00:05:03,220 Mr. Mentzer, do you wish to open? 90 00:05:03,303 --> 00:05:04,304 I do, Your Honor. 91 00:05:05,472 --> 00:05:10,060 Sixteen years after Jeffrey Deskovic was falsely convicted 92 00:05:10,144 --> 00:05:12,896 of the rape and murder of Angela Correa, 93 00:05:12,980 --> 00:05:16,817 the District Attorney finally allowed the DNA sample 94 00:05:16,900 --> 00:05:21,613 that had been removed from Miss Correa to be put into the DNA data bank. 95 00:05:21,697 --> 00:05:25,743 When they did, lo and behold, they knew what we already knew, 96 00:05:25,826 --> 00:05:27,661 is that it was not Jeffrey Deskovic. 97 00:05:27,745 --> 00:05:33,082 This trial is about holding the people who did this to him responsible. 98 00:05:33,167 --> 00:05:36,378 This trial is about holding the people 99 00:05:36,462 --> 00:05:40,549 who robbed this boy of his childhood 100 00:05:40,632 --> 00:05:45,888 by forcing him to spend the best years of his life in jail 101 00:05:45,971 --> 00:05:47,973 as a convicted rapist. 102 00:05:48,057 --> 00:05:51,310 How do we put an economic value on it? We can't. 103 00:05:51,393 --> 00:05:56,398 But that's what your job is gonna be, to decide what economic value 104 00:05:56,482 --> 00:06:00,152 you can give this guy for something that you can never replace. 105 00:06:00,235 --> 00:06:03,530 That's 16 years of his life. Thank you. 106 00:06:03,614 --> 00:06:04,615 Counsel? 107 00:06:04,698 --> 00:06:07,910 Thank you, Your Honor. This is a simple case. 108 00:06:07,993 --> 00:06:11,789 This case comes down to one thing and one thing only. 109 00:06:11,872 --> 00:06:14,124 Did the police violate 110 00:06:14,208 --> 00:06:19,004 approved police investigative procedures? 111 00:06:19,088 --> 00:06:24,510 Did they coerce a false confession from Mr. Deskovic? 112 00:06:24,593 --> 00:06:27,137 And the answer to those questions are no. 113 00:06:27,221 --> 00:06:33,018 Putnam County promulgated proper police policies and procedures. 114 00:06:33,102 --> 00:06:36,230 Detective Stephens, the defendant in this case, 115 00:06:36,313 --> 00:06:38,857 followed those policies and procedures. 116 00:06:38,941 --> 00:06:42,194 He did not coerce a false confession. 117 00:06:42,277 --> 00:06:48,075 Now, the plaintiff wants you to believe they can't put an economic number 118 00:06:48,158 --> 00:06:52,329 on the damages he suffered as a result of his imprisonment. 119 00:06:52,412 --> 00:06:57,251 The plaintiff in this case is asking for $40 million. 120 00:06:57,334 --> 00:07:01,296 The man has 40 million reasons 121 00:07:01,380 --> 00:07:05,300 to lie about the police conduct in this case. 122 00:07:05,384 --> 00:07:10,430 I'm going to be asking you, did they have probable cause 123 00:07:10,514 --> 00:07:16,436 to believe that this man was a child killer of Angela Correa? 124 00:07:16,520 --> 00:07:19,398 And the answer to that question is also yes. 125 00:07:19,481 --> 00:07:23,402 And because of that, you should deny this man's claim. 126 00:07:23,485 --> 00:07:24,570 Thank you. 127 00:07:26,113 --> 00:07:28,490 Mr. Mentzer, call your first witness, please. 128 00:07:28,574 --> 00:07:31,577 Plaintiff calls Dr. Carissa Smith. 129 00:07:31,660 --> 00:07:33,245 [suspenseful music] 130 00:07:35,038 --> 00:07:37,082 Kevin, would you swear the witness, please? 131 00:07:37,166 --> 00:07:38,584 [Kevin] Raise your hand, please. 132 00:07:38,667 --> 00:07:40,961 Do you swear to tell the truth in these matters today? 133 00:07:41,044 --> 00:07:42,629 -I do. -[Kevin] Yes, have a seat. 134 00:07:44,548 --> 00:07:45,966 Mr. Mentzer, you may inquire. 135 00:07:46,049 --> 00:07:48,468 [Mentzer] Thank you, Your Honor. Good morning, Dr. Smith. 136 00:07:48,552 --> 00:07:50,846 -Good morning. -[Mentzer] Are you employed? 137 00:07:50,929 --> 00:07:54,641 Yes. I am a board-certified forensic psychologist. 138 00:07:54,725 --> 00:07:59,521 I specialize in the study of convicted defendants 139 00:07:59,605 --> 00:08:02,065 who have falsely confessed to committing crimes. 140 00:08:02,149 --> 00:08:05,611 Now, Doctor, are you actually telling us that this is a common practice, 141 00:08:05,694 --> 00:08:08,572 that people falsely confess to crimes they never commit? 142 00:08:08,655 --> 00:08:09,656 Absolutely. 143 00:08:09,740 --> 00:08:12,075 Now, in these cases where defendants have been found 144 00:08:12,159 --> 00:08:15,537 to have been falsely convicted based upon their own confessions, 145 00:08:15,621 --> 00:08:18,207 are there tactics that the police typically use 146 00:08:18,290 --> 00:08:20,125 that you've seen in these studies? 147 00:08:20,209 --> 00:08:22,961 Yes. There will be tactics 148 00:08:23,045 --> 00:08:26,757 such as intimidating and befriending. 149 00:08:26,840 --> 00:08:28,926 [Mentzer] That would be good cop, bad cop? 150 00:08:29,009 --> 00:08:30,677 -[Dr. Smith] Exactly. -[laughs] 151 00:08:30,761 --> 00:08:35,182 [Dr. Smith] Typically, these individuals who falsely confess are young. 152 00:08:35,265 --> 00:08:38,894 Over half of them are under the age of 21. 153 00:08:38,977 --> 00:08:44,399 There will be tactics used such as feeding the suspect details of the crime, 154 00:08:44,483 --> 00:08:48,111 which then become embedded in the suspect's mind. 155 00:08:48,195 --> 00:08:51,823 The suspect then repeats these details in their ultimate confession, 156 00:08:51,907 --> 00:08:56,620 which fleshes out their confession to be more believable by a jury. 157 00:08:56,703 --> 00:08:57,830 Sounds like you were there, kid. 158 00:08:57,913 --> 00:09:01,250 We've been talking about this case for so long. 159 00:09:01,333 --> 00:09:03,043 I almost feel like I was. 160 00:09:04,586 --> 00:09:06,338 Does that ever happen to you guys, too? 161 00:09:08,048 --> 00:09:11,802 Yeah. We usually try to put ourselves in the mind of the killer. 162 00:09:13,095 --> 00:09:16,890 Well, why don't you try that by sketching out what you think happened. 163 00:09:16,974 --> 00:09:18,141 It would help us a lot. 164 00:09:18,225 --> 00:09:20,310 Yeah. Yeah, sure. 165 00:09:20,394 --> 00:09:25,857 And they will take the suspect into an interrogation room, 166 00:09:25,941 --> 00:09:30,862 isolated, generally where the suspect is hungry and tired. 167 00:09:30,946 --> 00:09:36,451 And they will proceed to do whatever it takes to get a confession. 168 00:09:36,535 --> 00:09:39,579 Does the interrogator typically offer the suspect 169 00:09:39,663 --> 00:09:42,457 a way out of the lengthy interrogation? 170 00:09:42,540 --> 00:09:46,837 Yes. The interrogator will make it clear that there is only one way out, 171 00:09:46,920 --> 00:09:50,299 one way to get home, and that is to confess. 172 00:09:51,008 --> 00:09:54,761 Your only hope, and I keep trying to make you understand this, 173 00:09:54,845 --> 00:09:56,471 is to tell the truth. 174 00:09:57,806 --> 00:10:01,393 If you confess, then the D.A. can reduce your sentence. 175 00:10:01,476 --> 00:10:05,605 Okay, he might not even prosecute you 'cause you're a 16-year-old kid. 176 00:10:05,689 --> 00:10:08,567 But I didn't do those things. 177 00:10:08,650 --> 00:10:11,778 Again, look at this. You're lying. 178 00:10:13,196 --> 00:10:16,033 Now, Dr. Smith, I'm gonna ask you if you've had the opportunity 179 00:10:16,116 --> 00:10:18,618 to review the case file of Jeffrey Deskovic. 180 00:10:18,702 --> 00:10:19,703 I have. 181 00:10:19,786 --> 00:10:23,206 [Mentzer] Do you see anything in the interrogation that you observed, 182 00:10:23,290 --> 00:10:27,336 that is common to other interrogations where people have falsely confessed? 183 00:10:27,419 --> 00:10:32,257 Yes. I see that the suspect was interrogated for over six hours. 184 00:10:32,341 --> 00:10:37,095 That they were kept hungry, and that the interrogators had decided 185 00:10:37,179 --> 00:10:39,973 the suspect was guilty before they began the interrogation. 186 00:10:41,141 --> 00:10:43,852 [Mentzer] Do you have an opinion as to whether the tactics 187 00:10:43,935 --> 00:10:48,565 used by the police in the Jeffrey Deskovic false confession 188 00:10:48,648 --> 00:10:53,153 violated common accepted standards of what an interrogator should do 189 00:10:53,236 --> 00:10:55,739 in order to obtain a statement from a witness? 190 00:10:55,822 --> 00:10:58,742 There's no doubt in my mind that they violated the standards. 191 00:10:58,825 --> 00:11:00,243 This is the worst I've seen. 192 00:11:00,327 --> 00:11:01,536 Thank you, Doctor. 193 00:11:02,162 --> 00:11:03,663 Now you may inquire, Mr. Bakman. 194 00:11:03,747 --> 00:11:08,043 Thank you, Your Honor. Let me start out first off, Doctor, 195 00:11:08,126 --> 00:11:11,922 you've been paid by the plaintiff to testify here today? 196 00:11:12,005 --> 00:11:14,466 -Correct. -And how much do you charge per hour? 197 00:11:14,549 --> 00:11:16,093 Five hundred dollars per hour. 198 00:11:16,176 --> 00:11:19,346 [Bakman] And given you had no personal knowledge 199 00:11:19,429 --> 00:11:23,475 of how this investigation was conducted at the time, 200 00:11:23,558 --> 00:11:26,186 you're now being paid to tell this jury here 201 00:11:26,269 --> 00:11:29,606 that this man was wrongfully convicted. Correct? 202 00:11:29,689 --> 00:11:33,026 I'm being paid to give my expert witness opinion. 203 00:11:33,110 --> 00:11:34,528 I have no further questions. 204 00:11:34,611 --> 00:11:36,321 You're excused. 205 00:11:36,405 --> 00:11:39,408 Call your next witness, please, Mr. Mentzer. 206 00:11:39,491 --> 00:11:41,493 The plaintiff calls Jeff Stockton. 207 00:11:41,576 --> 00:11:42,828 [suspenseful music] 208 00:11:44,287 --> 00:11:45,622 You may inquire, sir. 209 00:11:45,705 --> 00:11:48,417 Mr. Stockton, could you please tell us what your background is? 210 00:11:48,500 --> 00:11:50,460 I'm an expert in DNA comparison. 211 00:11:50,544 --> 00:11:54,548 Now, Mr. Stockton, I want to draw your attention back to November of 1989. 212 00:11:54,631 --> 00:11:57,968 Were you asked to conduct a profile on a DNA sample 213 00:11:58,051 --> 00:12:00,387 that was given to you by the Peekskill Police Department? 214 00:12:00,470 --> 00:12:01,471 I was, yes. 215 00:12:01,555 --> 00:12:04,724 [Mentzer] And what type of material were you asked to profile? 216 00:12:04,808 --> 00:12:07,060 [Jeffrey] It was the semen from the victim's body. 217 00:12:07,144 --> 00:12:11,398 And I want to draw your attention to January 11th of the following year. 218 00:12:11,481 --> 00:12:15,777 Were you asked to profile another DNA sample in the case? 219 00:12:15,861 --> 00:12:19,239 Yes. It was a blood sample from the suspect, Jeffrey Deskovic. 220 00:12:19,322 --> 00:12:22,617 [Mentzer] And were you asked to do anything once you got the profile? 221 00:12:22,701 --> 00:12:25,537 Yes. I received a written order to compare the DNA profile 222 00:12:25,620 --> 00:12:29,040 of Jeffrey Deskovic to the DNA profile of the rapist. 223 00:12:29,124 --> 00:12:31,835 And what did your comparison reveal? 224 00:12:31,918 --> 00:12:33,587 That they were not the same person. 225 00:12:33,670 --> 00:12:36,381 That Jeffrey Deskovic was not the source of that semen. 226 00:12:36,465 --> 00:12:40,844 Now, were you also asked to perform a hair analysis examination in this case? 227 00:12:40,927 --> 00:12:45,474 Yes, I was given six strands of hair from the victim's body, Angela Correa, 228 00:12:45,557 --> 00:12:48,018 and I was given control hairs from Jeffrey Deskovic, 229 00:12:48,101 --> 00:12:50,645 and I was given control hairs from Angela Correa. 230 00:12:50,729 --> 00:12:53,356 Now, were you aware of the race of Jeffrey Deskovic 231 00:12:53,440 --> 00:12:55,400 at the time you performed your examination? 232 00:12:55,484 --> 00:12:57,694 -Yes, I was. -[Mentzer] And what was that race? 233 00:12:57,777 --> 00:12:59,154 He's Caucasian. 234 00:12:59,237 --> 00:13:00,989 [Mentzer] What was the racial makeup of the hairs 235 00:13:01,072 --> 00:13:03,450 that you were removing from Angela Correa's body? 236 00:13:03,533 --> 00:13:06,369 Several of the hairs were from a person of African-American origin. 237 00:13:08,038 --> 00:13:09,623 [Mentzer] I have no further questions. 238 00:13:09,706 --> 00:13:11,124 [Judy] You may inquire, Mr. Bakman. 239 00:13:11,208 --> 00:13:12,959 [Bakman] Thank you, Your Honor. 240 00:13:13,043 --> 00:13:18,173 So, can you say that the lack of matching on the DNA sample, 241 00:13:18,256 --> 00:13:22,469 or the lack of the hairs matching Mr. Deskovic, 242 00:13:22,552 --> 00:13:26,056 it doesn't mean that because DNA didn't match, 243 00:13:26,139 --> 00:13:29,684 he's not the man who put a ligature around this child 244 00:13:29,768 --> 00:13:32,646 and strangled her to death. Isn't that right, sir? 245 00:13:32,729 --> 00:13:34,981 -What you said is correct. -No further questions. 246 00:13:35,065 --> 00:13:37,150 Witness is excused. Thank you very much. 247 00:13:37,234 --> 00:13:38,443 [suspenseful music] 248 00:13:40,070 --> 00:13:41,071 Next witness. 249 00:13:41,154 --> 00:13:44,616 Your Honor, we call the plaintiff, Jeffrey Deskovic. 250 00:13:44,699 --> 00:13:46,326 [tense music] 251 00:13:53,040 --> 00:13:54,334 You may inquire. 252 00:13:54,417 --> 00:13:55,710 [Mentzer] I know this is tough, 253 00:13:55,794 --> 00:14:00,048 but I'm gonna ask you some questions about November of 1989, all right? 254 00:14:00,632 --> 00:14:03,134 What was your relationship, if any, with Angela Correa? 255 00:14:03,218 --> 00:14:06,555 I didn't know her. I might've seen her in the hallways once or twice, 256 00:14:06,638 --> 00:14:08,390 said hello, but that was about it. 257 00:14:08,473 --> 00:14:10,308 [Mentzer] Did you go to her memorial services? 258 00:14:10,392 --> 00:14:11,393 [Jeffrey] Yes. 259 00:14:11,476 --> 00:14:13,312 [Mentzer] Why did you go to the memorial services 260 00:14:13,395 --> 00:14:14,688 of someone you barely knew? 261 00:14:14,771 --> 00:14:16,731 [Jeffrey] I was devastated by what happened. 262 00:14:16,815 --> 00:14:19,317 So was everybody else in school. I had never known anybody 263 00:14:19,401 --> 00:14:22,279 that had been murdered before, and I just wanted to show my respect. 264 00:14:22,362 --> 00:14:25,949 Now, at some point after school on December 12th, 265 00:14:26,032 --> 00:14:29,119 were you approached by Peekskill police detectives? 266 00:14:29,202 --> 00:14:33,081 Yes. They approached me as I was walking in their police vehicle 267 00:14:33,164 --> 00:14:36,459 and told me they wanted to talk about the death of Angela. 268 00:14:36,543 --> 00:14:38,587 [Mentzer] What was your response when they told you that? 269 00:14:38,670 --> 00:14:42,173 I was surprised. I told them I had no idea what happened to Angela. 270 00:14:42,257 --> 00:14:44,968 And did you agree to talk to them on December 12th? 271 00:14:45,051 --> 00:14:47,846 Yes. They drove me to the police station, yes. 272 00:14:47,929 --> 00:14:50,098 [Mentzer] How did the police treat you at the police station? 273 00:14:50,181 --> 00:14:53,685 At first they were mild and polite and friendly with me. 274 00:14:53,768 --> 00:14:57,063 Did they give you any specific information about the crime itself 275 00:14:57,147 --> 00:14:58,565 in discussing it with you? 276 00:14:58,648 --> 00:14:59,858 [Jeffrey] They did. 277 00:14:59,941 --> 00:15:02,569 Did they actually take you to the crime scene that day? 278 00:15:02,652 --> 00:15:05,155 They did. And they showed me things at the crime scene, yes. 279 00:15:05,238 --> 00:15:08,491 [Mentzer] Did they ask you your theories about the crime at all? 280 00:15:08,575 --> 00:15:11,661 Yeah, they asked my theories about the case, how the crime was committed. 281 00:15:11,745 --> 00:15:12,996 Things like that. 282 00:15:13,079 --> 00:15:15,707 Did you believe that they really wanted your help? 283 00:15:15,790 --> 00:15:17,042 At the time, yes. 284 00:15:17,125 --> 00:15:21,630 Now, how did, specifically, Detective McIntyre treat you? 285 00:15:21,713 --> 00:15:24,924 [Jeffrey] He seemed to show interest in my opinions about the case. 286 00:15:25,008 --> 00:15:27,385 He wanted my inputs about the case. 287 00:15:27,469 --> 00:15:30,889 We'd eat pizza, drink coffee together. I looked up to this detective. 288 00:15:30,972 --> 00:15:32,724 I thought he was in my corner. 289 00:15:32,807 --> 00:15:35,310 So, I wanted to do anything I could to please him at the time. 290 00:15:35,393 --> 00:15:39,356 Now, did you actually agree to allow them to remove blood from you 291 00:15:39,439 --> 00:15:42,108 to test it against what they found at the crime scene? 292 00:15:42,192 --> 00:15:47,072 Yes. They told me if I wanted to continue working on the investigation, 293 00:15:47,155 --> 00:15:49,115 they would have to rule me out as a suspect. 294 00:15:49,199 --> 00:15:53,370 And you actually agreed to do that to prove to them that you were innocent? 295 00:15:53,453 --> 00:15:57,624 Yes. I wanted to do everything I could to prove my innocence at the time. 296 00:15:57,707 --> 00:16:01,419 [Mentzer] And was part of that agreeing to sit for a polygraph exam? 297 00:16:01,503 --> 00:16:02,545 [Jeffrey] Yes. 298 00:16:02,629 --> 00:16:05,340 Now I want to ask you some questions about January 25th. 299 00:16:05,423 --> 00:16:07,300 You were on your way into school that morning? 300 00:16:07,384 --> 00:16:11,221 Yes. I was on my way to school, it was about 8:00 a.m. 301 00:16:11,304 --> 00:16:14,849 I asked to go with my friend. They outed him, told him to get lost, 302 00:16:14,933 --> 00:16:16,810 and then drove me in the back of a police car. 303 00:16:16,893 --> 00:16:20,438 And they drove you, not to the Peekskill police station, did they? 304 00:16:20,522 --> 00:16:24,984 No, it was about half an hour away, a place I'd never been before. 305 00:16:25,068 --> 00:16:28,279 Introduced me to a person I'd never met before. 306 00:16:28,363 --> 00:16:31,491 When you say, introduced you to a person that you'd never met before, 307 00:16:31,574 --> 00:16:33,618 -do you see that guy in court? -Yes. 308 00:16:33,702 --> 00:16:35,662 -[Mentzer] Is that him right there? -[Jeffrey] Yes. 309 00:16:35,745 --> 00:16:39,790 [Mentzer] Did you go to an office setting or a police department of some sort? 310 00:16:39,874 --> 00:16:42,711 He escorted me into a small room, hooked me up to a machine 311 00:16:42,794 --> 00:16:44,713 and just started asking me questions. 312 00:16:44,796 --> 00:16:46,297 [Mentzer] What type of questions? 313 00:16:46,381 --> 00:16:49,259 He asked me if I killed Angela. I told him I didn't. 314 00:16:49,342 --> 00:16:52,137 And at the end of it, did Detective Stephens 315 00:16:52,220 --> 00:16:55,181 say something to you before he left that room? 316 00:16:55,265 --> 00:16:57,767 Yes. He kept telling me, the machine tells him 317 00:16:57,851 --> 00:16:59,561 that I'm guilty, I need to confess. 318 00:16:59,644 --> 00:17:02,147 And did Detective McIntyre come into the interrogation room 319 00:17:02,230 --> 00:17:04,273 -where you were seated? -He did. 320 00:17:04,357 --> 00:17:08,111 Did he tell you whether you could go home at any point? 321 00:17:08,194 --> 00:17:11,030 Yes. He told me that I could go home, 322 00:17:11,114 --> 00:17:13,742 however he said that I would need to confess. 323 00:17:13,825 --> 00:17:15,952 Did you ultimately break down and confess? 324 00:17:16,035 --> 00:17:17,912 I ultimately broke down emotionally. 325 00:17:17,996 --> 00:17:20,874 I ended up lying on the floor in the fetal position. 326 00:17:22,584 --> 00:17:26,003 But he was nice enough to get down on the floor with me and comfort me. 327 00:17:26,087 --> 00:17:28,047 Just told me everything was gonna be okay. 328 00:17:28,131 --> 00:17:30,342 [Mentzer] And did you eventually give him what he wanted? 329 00:17:30,425 --> 00:17:31,885 I told him what he wanted to hear. 330 00:17:31,968 --> 00:17:35,221 And why did you confess to a crime you didn't commit, Jeffrey? 331 00:17:35,305 --> 00:17:37,557 I didn't think I had a choice at the time. 332 00:17:37,640 --> 00:17:40,769 I had been so bombarded with pressure and questions 333 00:17:40,852 --> 00:17:42,145 that I just wanted to go home. 334 00:17:42,228 --> 00:17:45,565 But I thought confessing was the only way I could get out of it. 335 00:17:45,648 --> 00:17:49,027 Jeffrey, as best as you can, could you please describe for us 336 00:17:49,110 --> 00:17:53,531 what life was like for a guy to go into prison at age 16? 337 00:17:53,615 --> 00:17:56,618 It was tough. Let's just put it this way, 338 00:17:56,701 --> 00:17:59,954 once the other inmates found out that I was a convicted rapist, 339 00:18:00,038 --> 00:18:01,790 I was a dead man walking. 340 00:18:01,873 --> 00:18:04,000 Were you ever assaulted in prison? 341 00:18:04,083 --> 00:18:07,337 Many times. Once I was hit in the back of the head with a 10-pound weight. 342 00:18:07,420 --> 00:18:11,674 [Mentzer] How did you feel at age 32, walking into the world as a free man? 343 00:18:11,758 --> 00:18:14,010 The world had passed me by. 344 00:18:14,093 --> 00:18:18,014 Everyone had a cell phone, a computer. I had to learn all of this from scratch. 345 00:18:18,097 --> 00:18:20,308 I mean, I didn't even know how to drive a car. 346 00:18:20,391 --> 00:18:21,893 Jeffrey, how are you now mentally? 347 00:18:21,976 --> 00:18:25,730 Not good. I have severe PTSD. 348 00:18:25,814 --> 00:18:28,441 I have trouble sleeping at night. I have nightmares. 349 00:18:28,525 --> 00:18:32,362 Terrified of police. Though I'm on the outside now, 350 00:18:32,445 --> 00:18:34,364 it was a part of my essence 351 00:18:34,447 --> 00:18:38,076 that I really don't think I'll ever see again, or find again. 352 00:18:42,163 --> 00:18:43,581 It's gone. 353 00:18:43,665 --> 00:18:45,500 -[Mentzer] Thank you. -You may inquire. 354 00:18:45,583 --> 00:18:50,171 Thank you. You've had 16 years in prison 355 00:18:50,255 --> 00:18:52,715 to think about this case every single day. 356 00:18:52,799 --> 00:18:54,843 -Is that right? -Yes, that's correct. 357 00:18:54,926 --> 00:18:58,137 [Bakman] Putting yourself in the officer's shoes 358 00:18:58,221 --> 00:19:01,599 back in the day when you were cooperating with them, 359 00:19:01,683 --> 00:19:04,811 you wanted to be a part of the investigation, yes? 360 00:19:04,894 --> 00:19:05,895 Yes. 361 00:19:05,979 --> 00:19:09,482 You were late to school the day after Angela went missing, yes? 362 00:19:09,566 --> 00:19:10,775 Yes. 363 00:19:10,859 --> 00:19:16,155 You were at not one, but three different wakes, correct? 364 00:19:16,239 --> 00:19:19,325 -Correct. -You barely knew the girl, correct? 365 00:19:19,409 --> 00:19:20,410 Correct. 366 00:19:20,493 --> 00:19:24,747 And then, the police focused their suspicion on you, yes? 367 00:19:24,831 --> 00:19:25,832 Yes. 368 00:19:25,915 --> 00:19:28,501 [Bakman] And they interviewed you multiple times, correct? 369 00:19:28,585 --> 00:19:31,838 -Correct. -And you denied, denied, denied 370 00:19:31,921 --> 00:19:36,301 having anything to do with the death of Angela for some two months. 371 00:19:36,384 --> 00:19:41,681 And then, lo and behold, you met my client, Detective Stephens, 372 00:19:41,764 --> 00:19:45,685 and you believe he was so coercive with you, 373 00:19:45,768 --> 00:19:51,566 that that same day you met him, you gave a full confession 374 00:19:51,649 --> 00:19:54,444 to Detective McIntyre. Do I have that right? 375 00:19:54,527 --> 00:19:55,528 Yes. 376 00:19:55,612 --> 00:20:00,241 [Bakman] And not only did you give a confession after denying this, 377 00:20:00,325 --> 00:20:03,953 you gave Detective McIntyre the details 378 00:20:04,037 --> 00:20:07,206 of how this girl was killed, correct? 379 00:20:07,290 --> 00:20:08,625 I don't remember. 380 00:20:08,708 --> 00:20:12,003 Well, you do remember not just saying, "I killed her"? 381 00:20:12,086 --> 00:20:13,838 You went into detail, didn't you? 382 00:20:13,922 --> 00:20:16,883 I never said I killed her because I didn't. 383 00:20:16,966 --> 00:20:20,845 Well, sir, when you were in a fetal position laying on the floor, 384 00:20:20,929 --> 00:20:23,765 and Detective McIntyre was befriending you, 385 00:20:23,848 --> 00:20:27,894 you gave him a confession. That's what you're suing for. 386 00:20:27,977 --> 00:20:30,229 I'm saying to you that it was 16 years ago. 387 00:20:30,313 --> 00:20:31,731 I might've given a confession, 388 00:20:31,814 --> 00:20:35,276 but it was an absolute complete and utter false confession. 389 00:20:35,360 --> 00:20:36,736 I told him what he wanted to hear. 390 00:20:36,819 --> 00:20:39,155 That's all I could think to do at the time. 391 00:20:39,238 --> 00:20:44,911 And you have 40 million reasons today to make that claim. Don't you, sir? 392 00:20:44,994 --> 00:20:46,329 Objection. 393 00:20:46,412 --> 00:20:48,247 -Sustained. -No further questions. 394 00:20:48,331 --> 00:20:50,917 Witness is excused. Thank you, Mr. Deskovic. 395 00:20:51,000 --> 00:20:52,377 [contemplative music] 396 00:20:55,922 --> 00:20:57,173 Mr. Mentzer? 397 00:20:57,256 --> 00:20:58,675 Plaintiff rests. 398 00:21:00,635 --> 00:21:01,761 Mr. Bakman? 399 00:21:01,844 --> 00:21:05,390 Yes, Your Honor. I'd like to call Officer Daniel Stephens to the stand. 400 00:21:05,473 --> 00:21:07,016 [suspenseful music] 401 00:21:07,100 --> 00:21:08,601 Now you may inquire, Mr. Bakman. 402 00:21:08,685 --> 00:21:10,812 [Bakman] Thank you, Your Honor. Detective Stephens, 403 00:21:10,895 --> 00:21:15,733 you and I seem to have gone through these questions some 16 years ago. 404 00:21:15,817 --> 00:21:17,276 Uh, as I recall, yes. 405 00:21:17,360 --> 00:21:21,364 And why don't you tell this jury what was your profession and occupation? 406 00:21:21,447 --> 00:21:24,158 I was a detective and polygraph investigator 407 00:21:24,242 --> 00:21:26,995 for the Putnam County Sheriff's Department. 408 00:21:27,078 --> 00:21:29,622 And did you have occasion to meet the plaintiff 409 00:21:29,706 --> 00:21:32,458 at some point in time some 16 years ago? 410 00:21:32,542 --> 00:21:33,584 I did. 411 00:21:33,668 --> 00:21:36,504 How did that come about, if you could tell this jury, please? 412 00:21:36,587 --> 00:21:40,758 Uh, the Peekskill Police Department requested that I come in 413 00:21:40,842 --> 00:21:46,014 to assist them in their investigation by giving a polygraph examination. 414 00:21:46,097 --> 00:21:50,476 And the focus of that investigation fell on Mr. Deskovic, correct? 415 00:21:50,560 --> 00:21:51,894 [Stephens] That is correct. 416 00:21:51,978 --> 00:21:57,525 And when you used that polygraph upon Mr. Deskovic, 417 00:21:57,608 --> 00:22:01,154 did you try and obtain a confession from him? 418 00:22:01,237 --> 00:22:02,739 Yes, sir, that was the goal. 419 00:22:02,822 --> 00:22:07,118 [Bakman] And in assisting them, did you do anything illegal? 420 00:22:07,201 --> 00:22:08,202 No, sir. 421 00:22:08,286 --> 00:22:10,663 -[Bakman] Did you deprive him of food? -No. 422 00:22:10,747 --> 00:22:16,169 [Bakman] Did you ever keep him there involuntarily for the six hours? 423 00:22:16,252 --> 00:22:17,587 Certainly not. 424 00:22:17,670 --> 00:22:23,092 Was there anything that you did during your six hours with this man 425 00:22:23,176 --> 00:22:26,971 that, in hindsight, you believe was abusive? 426 00:22:27,055 --> 00:22:29,182 -No. -No further questions. 427 00:22:30,558 --> 00:22:31,642 You may inquire, sir. 428 00:22:31,726 --> 00:22:34,228 Thank you, Your Honor. Detective Stephens, 429 00:22:34,312 --> 00:22:36,355 the morning of January 25th, 430 00:22:36,439 --> 00:22:38,900 Jeffrey Deskovic was brought to your office. 431 00:22:38,983 --> 00:22:41,235 You brought him into the interrogation room 432 00:22:41,319 --> 00:22:43,154 and strapped him to the machine, right? 433 00:22:43,237 --> 00:22:45,198 -[Stephens] Yes. -[Mentzer] For the subject, 434 00:22:45,281 --> 00:22:48,159 he can't move without damaging the machine. 435 00:22:48,242 --> 00:22:50,244 -[Stephens] Correct. -[Mentzer] You left him there 436 00:22:50,328 --> 00:22:52,413 for six hours in that condition. 437 00:22:52,497 --> 00:22:53,831 Roughly six hours, yes. 438 00:22:53,915 --> 00:22:56,167 But the American Polygraph Association training 439 00:22:56,250 --> 00:22:58,711 says that you're to conduct these examinations 440 00:22:58,795 --> 00:23:02,590 for a period no longer than three hours. Right? 441 00:23:02,673 --> 00:23:04,592 [Stephens] I believe that's true. 442 00:23:04,675 --> 00:23:07,303 [Mentzer] You doubled that with this 16-year-old boy. 443 00:23:07,386 --> 00:23:08,429 [Stephens] Yes. 444 00:23:08,513 --> 00:23:10,556 [Mentzer] You're trained on the Arther method, 445 00:23:10,640 --> 00:23:12,475 and the Arther method is criticized 446 00:23:12,558 --> 00:23:15,770 because it starts with the presumption that the subject is guilty, right? 447 00:23:15,853 --> 00:23:16,938 Correct. 448 00:23:17,021 --> 00:23:20,233 [Mentzer] And whether or not he's telling the truth didn't matter to you. 449 00:23:20,316 --> 00:23:23,111 -That's the Arther method. -Correct. The assumption is he's guilty. 450 00:23:23,194 --> 00:23:26,531 [Mentzer] Now, this kid who was strapped to a chair, 451 00:23:26,614 --> 00:23:31,077 hooked up to a polygraph machine, facing interrogation from a guy like you, 452 00:23:31,160 --> 00:23:33,287 who has a knack for getting confessions, 453 00:23:33,371 --> 00:23:35,665 who consistently said he didn't do it. 454 00:23:35,748 --> 00:23:38,459 Did it ever dawn on you that maybe he didn't do it? 455 00:23:38,543 --> 00:23:41,254 Again, sir, my job was to get a confession. 456 00:23:41,337 --> 00:23:43,005 This was not my investigation. 457 00:23:43,089 --> 00:23:45,758 This was Detective Levine's and McIntyre's investigation. 458 00:23:45,842 --> 00:23:49,220 Both those detectives came in telling me, this is our guy, 459 00:23:49,303 --> 00:23:51,722 they need a confession. My job was to get it. 460 00:23:51,806 --> 00:23:54,267 And the only thing you cared about was getting a confession. 461 00:23:54,350 --> 00:23:56,310 I cared about doing my job. 462 00:23:56,394 --> 00:23:59,188 -[Mentzer] No more questions. -I have a couple of questions. 463 00:23:59,272 --> 00:24:04,402 Now, you had a 16-year-old whom you were administering a test to. 464 00:24:04,485 --> 00:24:07,613 And I am correct in your testimony 465 00:24:07,697 --> 00:24:13,161 that the defendant, each time said, "I didn't kill Angela Correa"? 466 00:24:13,244 --> 00:24:14,245 Correct. 467 00:24:14,328 --> 00:24:16,914 Didn't you think the machine was being reliable? 468 00:24:16,998 --> 00:24:19,584 I had two detectives who were coming in from Peekskill 469 00:24:19,667 --> 00:24:21,711 who were telling me that they've got their guy. 470 00:24:21,794 --> 00:24:24,589 My job is to get a confession. So, from that perspective, 471 00:24:24,672 --> 00:24:29,760 with that particular technique, what the polygraph says or doesn't say... 472 00:24:29,844 --> 00:24:31,220 -Is irrelevant. -Correct. 473 00:24:31,304 --> 00:24:33,472 Okay, now you're excused. Thank you very much. 474 00:24:37,185 --> 00:24:38,686 Any other witnesses, Mr. Bakman? 475 00:24:38,769 --> 00:24:40,855 No, Your Honor, the Defense rests. 476 00:24:40,938 --> 00:24:43,149 Okay. Summations, please. 477 00:24:43,232 --> 00:24:47,778 All right, ladies and gentlemen of the jury, once again, good afternoon. 478 00:24:47,862 --> 00:24:52,116 This is my closing argument in defense of both Putnam County 479 00:24:52,200 --> 00:24:54,994 and in defense of Daniel Stephens. 480 00:24:55,077 --> 00:24:58,581 And basically, what this case comes down to, folks, 481 00:24:58,664 --> 00:25:00,291 is a credibility contest. 482 00:25:00,374 --> 00:25:02,293 The credibility contest 483 00:25:02,376 --> 00:25:05,213 is between the plaintiff, Mr. Deskovic, 484 00:25:05,296 --> 00:25:10,051 who I pointed out has 40 million reasons to exaggerate, 485 00:25:10,134 --> 00:25:13,054 bend the truth, or outright lie 486 00:25:13,137 --> 00:25:17,099 in order to tell you that his confession, 487 00:25:17,183 --> 00:25:20,311 it was all done because of this man here 488 00:25:20,394 --> 00:25:23,397 at counsel table, Detective Stephens. 489 00:25:23,481 --> 00:25:26,692 Nothing could be further from the truth. 490 00:25:26,776 --> 00:25:30,738 Now, 16 years later, the DNA excluded him 491 00:25:30,821 --> 00:25:35,076 as being the individual who inseminated the victim, nothing more. 492 00:25:35,159 --> 00:25:39,705 They had circumstantial evidence in this case that he was the killer. 493 00:25:39,789 --> 00:25:43,417 Add to that, he confessed with details, 494 00:25:43,501 --> 00:25:48,673 and you have the reason for the arrest and the conviction of this individual. 495 00:25:48,756 --> 00:25:52,551 And I would ask that you rule in favor of the Defense 496 00:25:52,635 --> 00:25:57,431 and you reject the request for $40 million. Thank you. 497 00:25:57,515 --> 00:25:59,684 -Mr. Mentzer? -Thank you, Your Honor. 498 00:25:59,767 --> 00:26:02,687 Why would anyone confess to a crime they didn't commit? 499 00:26:02,770 --> 00:26:04,355 It's a question that baffles us all. 500 00:26:04,438 --> 00:26:08,150 But we know from the testimony of Dr. Smith that it happens. 501 00:26:08,234 --> 00:26:12,321 Never mind the fact that he never seemed like a likely suspect 502 00:26:12,405 --> 00:26:13,739 from the very beginning. 503 00:26:13,823 --> 00:26:16,951 They were so obsessed with getting a confession 504 00:26:17,034 --> 00:26:20,413 that they couldn't see that everything that this man did 505 00:26:20,496 --> 00:26:24,875 was consistent with an innocent man. That's tunnel vision. 506 00:26:24,959 --> 00:26:29,338 They keep focused on one guy, exclude any other evidence. 507 00:26:29,422 --> 00:26:32,550 And then, finally, then you get the DNA evidence... 508 00:26:32,633 --> 00:26:37,346 now, DNA evidence where you can prove beyond any doubt, 509 00:26:37,430 --> 00:26:39,724 not reasonable doubt, not probable cause, 510 00:26:39,807 --> 00:26:44,353 beyond any doubt that he was not the source of the semen 511 00:26:44,437 --> 00:26:46,981 recovered from the rape victim's body. 512 00:26:47,064 --> 00:26:50,609 That was not even enough. They simply marched ahead. 513 00:26:50,693 --> 00:26:54,405 You cannot give him what was taken from him. 514 00:26:54,488 --> 00:26:57,074 You will never give him what he really deserves. 515 00:26:57,158 --> 00:27:00,411 But we feel that he deserves a monetary amount 516 00:27:00,494 --> 00:27:02,538 so that people like that pay. 517 00:27:03,873 --> 00:27:04,874 Thank you. 518 00:27:04,957 --> 00:27:09,295 Thank you. The jury is directed to retire to deliberate the verdict. 519 00:27:09,378 --> 00:27:11,881 [contemplative music] 520 00:27:11,964 --> 00:27:13,382 [Kevin] Court, come to order. 521 00:27:13,466 --> 00:27:15,634 The Honorable Judge Judy Sheindlin presiding. 522 00:27:15,718 --> 00:27:17,762 Thank you. Can I have the verdict, please? 523 00:27:17,845 --> 00:27:19,138 [somber music] 524 00:27:21,349 --> 00:27:25,603 The jury, Mr. Deskovic, finds that the defendants did in fact 525 00:27:25,686 --> 00:27:28,939 violate your civil rights and are guilty. 526 00:27:29,023 --> 00:27:32,777 The jury further finds damages in your favor 527 00:27:32,860 --> 00:27:35,446 in the amount of $41 million. 528 00:27:35,529 --> 00:27:39,617 I thank the jury for its service. This case is now concluded. 529 00:27:40,117 --> 00:27:41,911 [encouraging whisper] 530 00:27:44,038 --> 00:27:47,875 Jeffrey Deskovic was wrongly convicted and spent 16 years in prison 531 00:27:47,958 --> 00:27:50,086 for a murder he didn't commit. 532 00:27:50,586 --> 00:27:53,422 He successfully sued for wrongful imprisonment, 533 00:27:53,506 --> 00:27:55,383 but the question remained, 534 00:27:55,466 --> 00:27:58,928 did the prosecutor who got it wrong just make a mistake, 535 00:27:59,011 --> 00:28:03,349 or did he actually commit what was called prosecutorial misconduct? 536 00:28:03,432 --> 00:28:07,019 That's when a prosecutor knowingly hides evidence 537 00:28:07,103 --> 00:28:11,690 or submits false evidence in order to obtain a conviction. 538 00:28:11,774 --> 00:28:15,361 Jeffrey believed his prosecutor did both. 539 00:28:17,863 --> 00:28:20,783 Counsel, please state your appearances for the record. 540 00:28:20,866 --> 00:28:24,203 For the plaintiff, Jeffrey Deskovic, I'm Dan Mentzer. 541 00:28:24,286 --> 00:28:27,832 Good afternoon, everyone. Larry Bakman on behalf of the State of New York. 542 00:28:27,915 --> 00:28:31,377 Thank you, Counsel. We will now hear argument on the matter. 543 00:28:31,460 --> 00:28:32,586 Mr. Mentzer. 544 00:28:32,670 --> 00:28:37,133 Thank you, Judge. We do not accuse the prosecutor in this case 545 00:28:37,216 --> 00:28:41,595 of being solely responsible for taking 16 years of that young boy's life. 546 00:28:41,679 --> 00:28:43,722 Indeed, on January 25th, 547 00:28:43,806 --> 00:28:47,393 the day that Jeffrey was coerced into falsely confessing, 548 00:28:47,476 --> 00:28:50,020 we know that the prosecutor wasn't even there. 549 00:28:50,104 --> 00:28:51,939 But then, Jeffrey was indicted. 550 00:28:52,022 --> 00:28:55,067 And then, he came into charge. 551 00:28:55,151 --> 00:28:59,488 And every decision that was made at that point, he made. 552 00:28:59,572 --> 00:29:03,033 Then comes March 2nd. March 2nd is the day 553 00:29:03,117 --> 00:29:04,785 this case should have ended. 554 00:29:04,869 --> 00:29:08,873 March 2nd is the day that he gets back evidence... 555 00:29:08,956 --> 00:29:12,835 evidence that not just tells him he's got the wrong guy, 556 00:29:12,918 --> 00:29:16,797 but it screams to him, you got the wrong guy! 557 00:29:16,881 --> 00:29:19,049 This kid is innocent! 558 00:29:19,133 --> 00:29:22,303 What any reasonable person would do then, 559 00:29:22,386 --> 00:29:25,222 anybody who cares about being fair to that boy, 560 00:29:25,306 --> 00:29:27,099 is dismiss the case right then. 561 00:29:27,183 --> 00:29:30,978 Anybody except for this prosecutor. 562 00:29:31,979 --> 00:29:34,148 [Bakman] This case is going to hell, gentlemen. 563 00:29:34,231 --> 00:29:37,485 [scoffs] The hell you talkin' about? 564 00:29:38,277 --> 00:29:39,695 We gave you a confession. 565 00:29:39,778 --> 00:29:41,489 Well, here's a news flash: 566 00:29:41,572 --> 00:29:45,201 the DNA results came back, they don't match your boy. 567 00:29:45,284 --> 00:29:46,535 You're joking. 568 00:29:46,619 --> 00:29:48,412 [Bakman] And I'll tell you something else. 569 00:29:48,496 --> 00:29:51,540 The hair samples recovered from the victim's body, 570 00:29:51,624 --> 00:29:54,835 they come back to an African-American male. 571 00:29:55,503 --> 00:29:57,004 That doesn't mean anything. 572 00:29:57,087 --> 00:30:00,299 The M.E. and the CSI tech, they're both Black. 573 00:30:00,382 --> 00:30:02,218 Maybe it comes from one of them. 574 00:30:02,301 --> 00:30:04,637 You know that and I know that, 575 00:30:04,720 --> 00:30:08,057 but when the defense lawyer finds out, he's gonna have a field day. 576 00:30:08,140 --> 00:30:11,769 I've got half a mind to kick this case, right now. 577 00:30:11,852 --> 00:30:13,479 Come on, you can't do that. 578 00:30:13,562 --> 00:30:16,273 The only thing I have is a confession 579 00:30:16,357 --> 00:30:20,110 which you two geniuses failed to record. 580 00:30:20,194 --> 00:30:23,030 -Look, trust me, that's a good thing. -Oh, really? 581 00:30:23,113 --> 00:30:25,950 Listen up, hotshot, you and I both know 582 00:30:26,033 --> 00:30:28,827 we got people out there, and they're screaming for blood. 583 00:30:28,911 --> 00:30:30,621 You're up for reelection. 584 00:30:30,704 --> 00:30:33,290 Grow a pair, get out there and do the right thing. 585 00:30:33,374 --> 00:30:36,961 Grow a pair? Trust me, I'll burn this kid at the stake. 586 00:30:37,044 --> 00:30:41,590 You two clowns better hope he's got a lousy defense lawyer. 587 00:30:44,009 --> 00:30:47,763 The conduct of this prosecutor is outrageous. 588 00:30:47,846 --> 00:30:51,100 And it needs to be punished, and he needs to be held accountable 589 00:30:51,183 --> 00:30:56,188 for that boy spending 16 years in a hole fighting for his life 590 00:30:56,272 --> 00:30:59,525 when he should've been enjoying his life. Thank you. 591 00:30:59,608 --> 00:31:02,236 Thank you, Mr. Mentzer. Mr. Bakman. 592 00:31:02,319 --> 00:31:03,904 Yes, thank you, Your Honor. 593 00:31:04,738 --> 00:31:08,158 So, 20 years this case has dragged on. 594 00:31:08,242 --> 00:31:10,619 Unfortunately for Mr. Mentzer, 595 00:31:10,703 --> 00:31:14,540 the question is one of law for this court. 596 00:31:14,623 --> 00:31:19,336 The question is absolute versus qualified immunity. 597 00:31:19,420 --> 00:31:23,591 And the standard that the court has to ask itself 598 00:31:23,674 --> 00:31:29,680 is as a prosecutor, during the initiation of criminal proceedings, 599 00:31:29,763 --> 00:31:33,934 and the prosecution of the indictment in this case, 600 00:31:34,018 --> 00:31:37,771 was I entitled to absolute immunity? 601 00:31:37,855 --> 00:31:40,858 For courts and prosecutors to be able to function, 602 00:31:40,941 --> 00:31:44,236 the laws in most jurisdictions grant them immunity 603 00:31:44,320 --> 00:31:50,242 from being sued by convicted criminals for wrongfully conducting prosecutions. 604 00:31:50,326 --> 00:31:56,290 In New York, if a prosecutor during the investigative phase of the case, 605 00:31:56,373 --> 00:32:02,379 which is prior to the grand jury, withholds or manufactures evidence, 606 00:32:02,463 --> 00:32:07,926 he cannot use the immunity as a shield from civil liability. 607 00:32:08,010 --> 00:32:13,015 However, in what may seem odd to our sense of justice, 608 00:32:13,098 --> 00:32:17,770 if the prosecutor withholds or manufactures evidence 609 00:32:17,853 --> 00:32:22,691 after the grand jury, which is known as the judicial phase, 610 00:32:22,775 --> 00:32:28,280 he is protected from being personally liable in any civil suit. 611 00:32:28,364 --> 00:32:32,993 It may not protect the state from liability for wrongful imprisonment, 612 00:32:33,077 --> 00:32:36,163 but it protects the individual prosecutor. 613 00:32:37,331 --> 00:32:38,582 -Judge DiMango. -Thank you. 614 00:32:38,666 --> 00:32:40,918 I'm gonna ask Mr. Bakman to stand up. 615 00:32:41,502 --> 00:32:45,381 Mr. Bakman, I'm gonna ask you a number of questions about your behavior, 616 00:32:45,464 --> 00:32:49,218 and I'd like to know whether or not you've engaged in the following behavior. 617 00:32:49,301 --> 00:32:53,305 Did you learn at some point that the victim was not sexually active? 618 00:32:53,389 --> 00:32:54,390 Yes. 619 00:32:54,473 --> 00:32:56,892 [Patricia] Did you also come to learn that the hair and the DNA 620 00:32:56,975 --> 00:32:59,895 was not that belonging to Mr. Deskovic? 621 00:32:59,978 --> 00:33:00,979 Yes. 622 00:33:01,063 --> 00:33:04,358 [Patricia] So, the only issue that we here have to resolve, 623 00:33:04,441 --> 00:33:08,445 is that when in point in time did you come to learn this information? 624 00:33:08,529 --> 00:33:13,158 I turned to the plaintiff's pleadings for the answer to that question. 625 00:33:13,242 --> 00:33:16,620 Their own papers, their own concessions 626 00:33:16,704 --> 00:33:20,499 tell this court that everything that I learned 627 00:33:20,582 --> 00:33:22,751 by way of my investigators 628 00:33:22,835 --> 00:33:27,715 was post-indictment during the judicial phase of this case, 629 00:33:27,798 --> 00:33:31,468 thereby allowing me to have absolute immunity. 630 00:33:31,552 --> 00:33:34,513 [Patricia] Okay, you can have a seat. Thank you. 631 00:33:34,596 --> 00:33:35,597 Judge Levy. 632 00:33:35,681 --> 00:33:38,892 Thank you, Mr. Bakman. You can step back up, please, sir. 633 00:33:38,976 --> 00:33:44,982 Jeffrey Deskovic spent 16 years in jail for a crime he did not commit. 634 00:33:45,065 --> 00:33:47,484 And you prosecuted him for that crime. 635 00:33:48,068 --> 00:33:50,320 You convinced the jury 636 00:33:50,404 --> 00:33:54,616 that Mr. Deskovic raped his 15-year-old classmate, 637 00:33:54,700 --> 00:33:58,245 despite overwhelming evidence to the contrary. 638 00:33:58,328 --> 00:34:02,124 You created, out of thin air, false theories 639 00:34:02,207 --> 00:34:06,545 to explain away the DNA evidence that exonerated him. 640 00:34:06,628 --> 00:34:10,591 And as the lead prosecutor in the case, sir, 641 00:34:10,674 --> 00:34:14,928 you were directly responsible for his wrongful conviction. 642 00:34:15,012 --> 00:34:20,934 So, why should you avoid being held to account for your conduct? 643 00:34:21,018 --> 00:34:23,937 Well, I'm not clear on what the court means 644 00:34:24,021 --> 00:34:26,899 by holding me accountable for my conduct. 645 00:34:26,982 --> 00:34:29,067 You are not gonna pay a nickel 646 00:34:29,150 --> 00:34:33,530 for the 16 years that that boy spent in jail. 647 00:34:33,614 --> 00:34:35,949 He lost the best years of his life. 648 00:34:36,033 --> 00:34:39,036 True, and that's because the Prosecution 649 00:34:39,119 --> 00:34:43,581 is covered by absolute immunity in this case, 650 00:34:43,665 --> 00:34:48,003 no matter how despicable you may think that is. 651 00:34:48,085 --> 00:34:50,964 I don't think that's despicable, Mr. Bakman, 652 00:34:51,047 --> 00:34:56,136 I think your conduct in this case, sir, was despicable. 653 00:34:56,219 --> 00:34:58,722 How do you defend yourself from the indefensible? 654 00:34:58,806 --> 00:35:03,268 I defend myself by saying the defense attorney fell down on the job. 655 00:35:03,352 --> 00:35:05,270 [Adam] Always someone else's fault. 656 00:35:05,354 --> 00:35:08,440 Do you have anything to say to Mr. Deskovic now, 657 00:35:08,524 --> 00:35:13,987 after serving 16 years in jail, Mr. Bakman, for a crime he did not commit? 658 00:35:14,071 --> 00:35:17,783 Your Honor, I did my job as a prosecutor to the best of my ability 659 00:35:17,866 --> 00:35:23,622 based on the evidence in the moment, not 20/20 looking backwards. 660 00:35:23,705 --> 00:35:25,290 [Adam] How about Patricia Morrison? 661 00:35:25,374 --> 00:35:28,794 Patricia Morrison, you should know, Mr. Bakman, 662 00:35:28,877 --> 00:35:33,715 was the victim of the real murderer of Miss Correa. 663 00:35:33,799 --> 00:35:38,345 In 1993, Steven Cunningham murdered Patricia Morrison, 664 00:35:38,428 --> 00:35:40,013 a mother of three. 665 00:35:40,097 --> 00:35:45,894 It was Steven Cunningham's DNA inside Miss Correa. 666 00:35:45,978 --> 00:35:48,564 Had you done your job, sir, 667 00:35:48,647 --> 00:35:52,651 and your police agency done their job, sir, 668 00:35:52,734 --> 00:35:55,904 then Patricia Morrison would be alive today 669 00:35:55,988 --> 00:35:59,324 because the real murderer would've been found. 670 00:36:00,409 --> 00:36:03,036 What do you have to say to Patricia Morrison's family? 671 00:36:03,954 --> 00:36:05,622 I have nothing to say. 672 00:36:06,498 --> 00:36:11,336 Procedurally, you are asking us to dismiss the case against you 673 00:36:11,420 --> 00:36:15,173 before any civil discovery takes place 674 00:36:15,257 --> 00:36:18,302 that could link you with conduct that occurred 675 00:36:18,385 --> 00:36:21,388 before probable cause was determined. 676 00:36:21,471 --> 00:36:24,600 [Bakman] There's not a shred of an allegation 677 00:36:24,683 --> 00:36:28,854 that I engaged in any misconduct pre-indictment. 678 00:36:28,937 --> 00:36:33,400 That, sir, we will never know about if, in fact, we, as a judicial body, 679 00:36:33,483 --> 00:36:36,194 determine that you are entitled to absolute immunity. 680 00:36:36,278 --> 00:36:37,487 Thank you, Judge Acker. 681 00:36:37,571 --> 00:36:39,364 [Tanya] Thank you, Judge. Mr. Bakman, 682 00:36:39,448 --> 00:36:42,409 the conduct that is alleged here is indeed troubling. 683 00:36:42,492 --> 00:36:46,163 And I think that you would admit that it strikes right at the heart 684 00:36:46,246 --> 00:36:48,373 of public trust in our court system. 685 00:36:48,457 --> 00:36:52,419 You would acknowledge, sir, that you are in fact an officer of the court. 686 00:36:52,502 --> 00:36:53,503 Absolutely. 687 00:36:53,587 --> 00:36:56,173 [Tanya] You would acknowledge that as an officer of the court, 688 00:36:56,256 --> 00:36:59,801 you are obligated to only make representations in court 689 00:36:59,885 --> 00:37:01,720 for which you have a good faith basis. 690 00:37:01,803 --> 00:37:07,225 You know, Judge, we had a 15-year-old child brutally murdered. 691 00:37:07,309 --> 00:37:11,104 And we had a 16-year-old boy 692 00:37:11,188 --> 00:37:14,232 who gave us detailed information 693 00:37:14,316 --> 00:37:17,361 about the killing in a confession. 694 00:37:17,444 --> 00:37:21,657 That was the good faith belief to prosecute, 695 00:37:21,740 --> 00:37:26,036 and a good faith belief to believe he was not only the killer, 696 00:37:26,119 --> 00:37:30,707 he was also the rapist despite the DNA not matching. 697 00:37:30,791 --> 00:37:35,253 I am talking about what you, sir, know to be your responsibilities 698 00:37:35,337 --> 00:37:37,547 as an advocate for the People. 699 00:37:37,631 --> 00:37:41,677 I just ask if you, Judge Acker, have ever prosecuted a criminal case? 700 00:37:41,760 --> 00:37:46,056 I think, Mr. Bakman, that rather than directing questions to the bench, 701 00:37:46,139 --> 00:37:49,101 you should take a good hard look at your own conduct. 702 00:37:49,184 --> 00:37:51,895 Thank you, sir. Mr. Mentzer, please. 703 00:37:53,355 --> 00:37:55,357 I think, Mr. Mentzer, that it's very important 704 00:37:55,440 --> 00:37:59,653 that we stay squarely focused on what is at issue here. 705 00:37:59,736 --> 00:38:02,030 What we must do is not simply determine 706 00:38:02,114 --> 00:38:05,283 whether or not he engaged in something egregious, 707 00:38:05,367 --> 00:38:09,579 the question is the timing of his egregious conduct. 708 00:38:09,663 --> 00:38:14,835 Now, explain to the court why you believe that his conduct was investigatory 709 00:38:14,918 --> 00:38:16,503 and not in preparation for trial. 710 00:38:16,586 --> 00:38:19,715 Well, Judge, the reason why he would be protected ordinarily, 711 00:38:19,798 --> 00:38:24,469 if it comes post-indictment, because that's part of the judicial phase, 712 00:38:24,553 --> 00:38:29,474 is because post-indictment comes generally with probable cause. 713 00:38:29,558 --> 00:38:32,144 Once probable cause is established, 714 00:38:32,227 --> 00:38:36,690 then we enter the judicial phase. In this case, on March 2nd, 715 00:38:36,773 --> 00:38:39,276 DNA evidence came back and said he's not the guy. 716 00:38:39,359 --> 00:38:43,196 That eviscerates any probable cause here. 717 00:38:43,280 --> 00:38:46,366 What should happen at that point is that this man 718 00:38:46,450 --> 00:38:50,120 should have dismissed the indictment, continued to investigate. 719 00:38:50,203 --> 00:38:55,417 Because there is no probable cause once you have that exculpatory evidence. 720 00:38:55,500 --> 00:38:58,503 Hold on, Mr. Mentzer, we also had a confession in this case. 721 00:38:58,587 --> 00:39:02,716 And doesn't that confession establish probable cause for the indictment? 722 00:39:02,799 --> 00:39:06,887 It was a coerced confession. That's why he needs to be held accountable 723 00:39:06,970 --> 00:39:09,431 and only given qualified immunity 724 00:39:09,514 --> 00:39:13,685 because that March 2nd DNA evidence changes the game. 725 00:39:13,769 --> 00:39:15,020 Thank you, sir. 726 00:39:15,103 --> 00:39:17,230 Gentlemen, we'll now hear closing arguments. 727 00:39:17,314 --> 00:39:18,899 Mr. Mentzer. 728 00:39:18,982 --> 00:39:22,736 When Jeffrey Deskovic was a 16-year-old boy, 729 00:39:22,819 --> 00:39:25,947 he should've been going to high school. He did not. 730 00:39:26,031 --> 00:39:30,702 He was in a maximum security prison fighting for his life 731 00:39:30,786 --> 00:39:35,874 against a bunch of inmates who thought that he was a rapist and a murderer. 732 00:39:35,957 --> 00:39:40,087 The people who put him there are all held to account. 733 00:39:40,170 --> 00:39:44,132 The police officers, the detectives who coerced the confession from him, 734 00:39:44,216 --> 00:39:45,258 they can be sued. 735 00:39:45,342 --> 00:39:47,761 The polygraph examiner who convinced him 736 00:39:47,844 --> 00:39:50,847 that he failed polygraph tests which led to his false confession, 737 00:39:50,931 --> 00:39:51,848 they can be sued. 738 00:39:51,932 --> 00:39:56,436 Everybody except the guy running the show? Is that what he's trying to say? 739 00:39:56,520 --> 00:39:59,523 Everybody except him? He did this. 740 00:39:59,606 --> 00:40:05,278 This man needs to pay. This should outrage every one of you! 741 00:40:05,362 --> 00:40:08,240 You can deny his motion to dismiss 742 00:40:08,323 --> 00:40:12,494 and force him to do what he forced Jeffrey to do, 743 00:40:12,577 --> 00:40:15,997 and that's get in front of the jury and let them decide. 744 00:40:16,081 --> 00:40:17,332 Thank you. 745 00:40:17,415 --> 00:40:19,751 Thank you, Mr. Mentzer. Mr. Bakman. 746 00:40:19,835 --> 00:40:24,673 Thank you. So, no matter how loud Mr. Mentzer gets, 747 00:40:24,756 --> 00:40:28,802 it doesn't change the concept of absolute immunity. 748 00:40:28,885 --> 00:40:32,389 And that's what we have here in this case. 749 00:40:32,472 --> 00:40:37,435 His own pleadings fail to state anything 750 00:40:37,519 --> 00:40:42,149 that could lead this court into believing that I had knowledge 751 00:40:42,232 --> 00:40:47,946 of what was going on with respect to police misconduct pre-indictment. 752 00:40:48,029 --> 00:40:51,158 I ask this court to dismiss me 753 00:40:51,241 --> 00:40:55,412 on the legal basis of absolute immunity. Submitted. 754 00:40:55,996 --> 00:40:57,372 Thank you, Mr. Bakman. 755 00:40:57,455 --> 00:40:59,791 We will now retire to deliberate. 756 00:40:59,875 --> 00:41:01,501 [contemplative music] 757 00:41:05,630 --> 00:41:08,466 [Tanya] We have reached a unanimous verdict. 758 00:41:08,550 --> 00:41:13,638 When a state prosecuting attorney is acting within the scope of their duties 759 00:41:13,722 --> 00:41:16,808 and initiating and pursuing a criminal prosecution, 760 00:41:16,892 --> 00:41:20,270 they are immune from civil liability. It must be so. 761 00:41:20,353 --> 00:41:24,941 Without this immunity, prosecutors would be afraid to do their jobs. 762 00:41:25,025 --> 00:41:27,527 They'd be afraid of constantly being sued. 763 00:41:27,611 --> 00:41:31,489 Of course, not everything a prosecutor does is absolutely immune 764 00:41:31,573 --> 00:41:33,241 just because a prosecutor did it. 765 00:41:33,325 --> 00:41:36,286 Whether or not there is such absolute immunity 766 00:41:36,369 --> 00:41:39,706 depends on the conduct in which the prosecutor is engaged. 767 00:41:39,789 --> 00:41:42,792 When engaged in conduct that occurs in the course of their role 768 00:41:42,876 --> 00:41:45,295 in the judicial phase of the criminal process, 769 00:41:45,378 --> 00:41:47,923 absolute immunity will attach. 770 00:41:48,006 --> 00:41:49,758 When the conduct is associated 771 00:41:49,841 --> 00:41:52,594 with the investigative stage of the process, however, 772 00:41:52,677 --> 00:41:55,096 only qualified immunity applies. 773 00:41:55,180 --> 00:41:59,142 However objectionable the prosecutor's conduct may have been, 774 00:41:59,226 --> 00:42:02,812 protecting the right of prosecutors to exercise their independent judgment 775 00:42:02,896 --> 00:42:07,317 so as to keep the public safe is the principle that must guide us. 776 00:42:07,400 --> 00:42:11,529 For that reason, the motion to dismiss the lawsuit against you 777 00:42:11,613 --> 00:42:13,698 is granted, Mr. Bakman. 778 00:42:13,782 --> 00:42:18,620 And you are exempt from any financial liability in this case. 779 00:42:20,000 --> 00:42:26,074 Watch Online Movies and Series for FREE www.osdb.link/lm 780 00:42:27,295 --> 00:42:29,714 Jeffrey Deskovic is now a lawyer. 781 00:42:29,798 --> 00:42:32,259 He started a foundation to help others 782 00:42:32,342 --> 00:42:34,719 who had been wrongfully convicted of crimes, 783 00:42:34,803 --> 00:42:38,223 and to fight against the abuse of power by law enforcement. 784 00:42:38,306 --> 00:42:42,769 He learned the hard way that the justice system isn't always just. 785 00:42:43,478 --> 00:42:47,732 We need a strong system to enforce our laws and punish the guilty. 786 00:42:47,816 --> 00:42:50,527 But as we've seen in the case of Jeffrey Deskovic, 787 00:42:50,610 --> 00:42:55,782 the injustice of a wrongful conviction affects not only those who are convicted, 788 00:42:55,865 --> 00:43:00,078 but it can allow a real predator to be free to kill again. 789 00:43:00,161 --> 00:43:01,538 [string quartet music] 790 00:43:18,972 --> 00:43:22,142 [closing theme music] 790 00:43:23,305 --> 00:44:23,244 Watch Online Movies and Series for FREE www.osdb.link/lm