"Justice on Trial" Episode #1.6

1 00:00:11,137 --> 00:00:13,597 [siren blaring] 2 00:00:21,105 --> 00:00:22,606 [siren stops] 3 00:00:22,690 --> 00:00:24,275 [engine stops] 4 00:00:24,358 --> 00:00:25,609 [tense music] 5 00:00:25,693 --> 00:00:27,027 This isn't good. 6 00:00:27,111 --> 00:00:28,028 Don't say a word. 7 00:00:28,112 --> 00:00:29,280 Let me handle this. 8 00:00:33,159 --> 00:00:34,994 License and registration. 9 00:00:36,912 --> 00:00:39,331 It's a... it's a rental. 10 00:00:40,958 --> 00:00:44,086 Mr. Turriago from Manhattan. 11 00:00:44,170 --> 00:00:45,629 Long way from home. 12 00:00:46,130 --> 00:00:49,216 Uh, yeah, just doing a construction job for my father. 13 00:00:49,300 --> 00:00:51,635 Well, you seem to be in an awful hurry. 14 00:00:51,719 --> 00:00:54,513 -Uh... -Mind if we look in the back? 15 00:00:54,597 --> 00:00:58,309 Look, we're just trying to get to the job site before our shift starts. 16 00:00:58,976 --> 00:01:00,352 Step out of the vehicle. 17 00:01:00,436 --> 00:01:01,771 [tense music] 18 00:01:01,854 --> 00:01:04,272 But... why? 19 00:01:04,355 --> 00:01:05,858 I'm not gonna ask again. 20 00:01:07,000 --> 00:01:13,074 Do you want subtitles for any video? -=[ ai.OpenSubtitles.com ]=- 21 00:01:18,829 --> 00:01:19,997 [officer] Spread your legs. 22 00:01:22,374 --> 00:01:23,375 He's clean. 23 00:01:23,459 --> 00:01:25,253 Either you show us what's in the back of the truck, 24 00:01:25,336 --> 00:01:26,962 or everyone's going to jail right now. 25 00:01:27,045 --> 00:01:28,756 [Leonardo] Okay, okay. 26 00:01:28,839 --> 00:01:30,633 I got nothing to hide. 27 00:01:31,801 --> 00:01:33,384 John, secure those other two. 28 00:01:34,470 --> 00:01:36,096 [John] Out of the car, now! 29 00:01:36,180 --> 00:01:37,765 We haven't done anything wrong! 30 00:01:37,848 --> 00:01:39,975 Out! Get out of the car, now! 31 00:01:40,059 --> 00:01:41,185 Hurry up! 32 00:01:44,771 --> 00:01:46,148 [suspenseful music] 33 00:01:46,232 --> 00:01:49,401 You see? Just construction equipment. 34 00:01:49,485 --> 00:01:51,402 What's in the trunk? 35 00:01:51,487 --> 00:01:53,781 Uh, just some clothing. 36 00:01:53,864 --> 00:01:56,866 Open it. Now. Let's go, come on. 37 00:02:04,542 --> 00:02:06,168 [sighs] The key's bent. 38 00:02:06,252 --> 00:02:07,711 Damn it, open the trunk! 39 00:02:12,341 --> 00:02:14,134 [lock rattles] 40 00:02:20,140 --> 00:02:22,601 [officer] There's a body in the trunk! He's running! 41 00:02:22,685 --> 00:02:26,021 [John] On the ground, now! Hands on your head! Now! 42 00:02:30,568 --> 00:02:31,986 [both grunt] 43 00:02:32,570 --> 00:02:34,780 You're under arrest for murder. 44 00:02:37,700 --> 00:02:39,743 I'm Judy Sheindlin. 45 00:02:39,827 --> 00:02:41,537 Before I was a judge on TV, 46 00:02:41,620 --> 00:02:44,456 I was a judge in New York City for 15 years, 47 00:02:44,540 --> 00:02:47,209 and a lawyer for 17 years before that. 48 00:02:47,293 --> 00:02:49,670 While serving on both sides of the bench, 49 00:02:49,753 --> 00:02:52,590 I learned that justice doesn't always end up feeling... 50 00:02:52,673 --> 00:02:53,841 just. 51 00:02:53,924 --> 00:02:57,678 Sometimes, the impact of one decision by a police officer, 52 00:02:57,761 --> 00:03:01,849 a lawyer, or even a judge, can change the way justice is delivered. 53 00:03:03,017 --> 00:03:06,145 We're going to demonstrate this by taking landmark cases 54 00:03:06,228 --> 00:03:08,856 from actual crimes committed by real people. 55 00:03:08,939 --> 00:03:11,775 And we'll recreate them with our trial lawyers 56 00:03:11,859 --> 00:03:13,861 and yours truly as the trial judge. 57 00:03:13,944 --> 00:03:17,406 While we're not going to recreate the trials verbatim, 58 00:03:17,489 --> 00:03:19,867 all the court's ultimate decisions are accurate. 59 00:03:19,950 --> 00:03:23,495 It will be up to you to decide whether the case was fair 60 00:03:23,579 --> 00:03:25,539 and the outcome just. 61 00:03:25,623 --> 00:03:28,500 [narrator] Real cases, actual lawyers, 62 00:03:28,584 --> 00:03:30,294 surprising verdicts... 63 00:03:32,713 --> 00:03:34,381 Justice on Trial. 64 00:03:36,841 --> 00:03:40,721 This episode of Justice on Trial seems pretty open and shut. 65 00:03:40,804 --> 00:03:45,142 A traffic stop led to the discovery of a dead body. 66 00:03:45,225 --> 00:03:48,938 And Leonardo Turriago was arrested for murder. 67 00:03:49,021 --> 00:03:52,399 As you will see, he even confessed to it. 68 00:03:52,483 --> 00:03:54,985 So, why are we examining this case? 69 00:03:55,069 --> 00:03:59,198 It's a legal concept called "fruit of the poisonous tree." 70 00:03:59,281 --> 00:04:02,701 You see, the Fourth Amendment to our Constitution 71 00:04:02,785 --> 00:04:06,205 protects us against unreasonable searches 72 00:04:06,288 --> 00:04:09,667 and requires probable cause to exist 73 00:04:09,750 --> 00:04:14,088 before the police can search your person or your property. 74 00:04:14,171 --> 00:04:17,091 But what if there isn't probable cause? 75 00:04:17,173 --> 00:04:20,302 Then any evidence discovered by that search 76 00:04:20,386 --> 00:04:23,597 is considered "fruit of the poisonous tree" 77 00:04:23,681 --> 00:04:26,475 and is not admissible at the trial. 78 00:04:26,558 --> 00:04:31,021 The question here is, was this search reasonable? 79 00:04:31,647 --> 00:04:33,440 Watch and see what you think. 80 00:04:35,526 --> 00:04:37,403 The Defendant is on trial for murder. 81 00:04:37,486 --> 00:04:42,324 The Prosecution intends to introduce certain inculpatory statements 82 00:04:42,408 --> 00:04:44,702 as well as physical evidence at the trial. 83 00:04:44,784 --> 00:04:47,079 The Defendant moves to suppress that evidence, 84 00:04:47,162 --> 00:04:52,001 alleging that the police misconduct violated his constitutional rights. 85 00:04:52,084 --> 00:04:53,961 Mr. Bakman, note your appearance, please. 86 00:04:54,044 --> 00:04:55,129 Good morning, Your Honor. 87 00:04:55,212 --> 00:04:57,798 Larry Bakman on behalf of the People of the State of New York. 88 00:04:57,881 --> 00:04:59,467 -[Judy] Thank you. -Good morning, Your Honor. 89 00:04:59,550 --> 00:05:02,261 For the Defendant, Leonardo Turriago, I'm Dan Mentzer. 90 00:05:02,344 --> 00:05:04,888 Thank you. Mr. Bakman, call your first witness, please. 91 00:05:04,972 --> 00:05:07,599 Your Honor, the People call Trooper O'Leary. 92 00:05:07,683 --> 00:05:09,101 [suspenseful music] 93 00:05:11,186 --> 00:05:13,480 -Would you swear the witness, please? -[Kevin] Yes. 94 00:05:13,564 --> 00:05:16,442 Raise your hand, please. Do you swear to tell the truth in these matters today? 95 00:05:16,525 --> 00:05:18,110 -I do. -Thank you. Have a seat. 96 00:05:18,193 --> 00:05:19,820 You may inquire. 97 00:05:19,903 --> 00:05:23,699 Trooper O'Leary, can you tell the court your profession or occupation? 98 00:05:23,782 --> 00:05:26,577 I'm a State Trooper for the state of New York. 99 00:05:26,660 --> 00:05:30,581 And turning your attention to the night of November 20th. 100 00:05:30,664 --> 00:05:32,750 -Were you working that evening? -Yes, I was. 101 00:05:32,832 --> 00:05:34,710 [Bakman] Were you alone or were you with a partner? 102 00:05:34,793 --> 00:05:39,506 I was working with my partner, New York State Trooper James Van Cura. 103 00:05:39,590 --> 00:05:42,176 And what was your assignment that evening? 104 00:05:42,259 --> 00:05:46,221 We were on routine patrol, but we do also enforce 105 00:05:46,305 --> 00:05:49,600 the state's environmental conservation laws, 106 00:05:49,683 --> 00:05:51,602 especially during hunting season. 107 00:05:51,685 --> 00:05:54,938 And November 20th, is that the start of their season, sir? 108 00:05:55,022 --> 00:05:56,023 Yes. 109 00:05:56,106 --> 00:05:58,233 [Bakman] So, on November 20th, 110 00:05:58,317 --> 00:06:03,072 are you focused on looking for particular types of vehicles 111 00:06:03,155 --> 00:06:05,240 because of the start of deer season? 112 00:06:05,324 --> 00:06:08,786 Yes, we are. Uh, box trucks, larger trucks, vans. 113 00:06:08,869 --> 00:06:11,955 Vehicles that will hold larger animals. 114 00:06:12,039 --> 00:06:16,251 And November 20th, did that date hold a certain significance for you? 115 00:06:16,335 --> 00:06:17,753 -Yes, it did. -Why is that? 116 00:06:17,836 --> 00:06:20,464 [John] We pulled over a box truck 117 00:06:20,547 --> 00:06:24,635 driving at approximately 70 miles per hour on Route 17. 118 00:06:24,718 --> 00:06:27,846 The van was driving at 70 miles per hour. What is the speed limit? 119 00:06:27,930 --> 00:06:30,933 The speed limit on that stretch of the highway is 55 miles per hour. 120 00:06:31,016 --> 00:06:32,017 Thank you. 121 00:06:32,101 --> 00:06:35,062 And so, did you conduct an enforcement stop? 122 00:06:35,145 --> 00:06:38,273 -We did. -When you conducted that enforcement stop, 123 00:06:38,357 --> 00:06:40,984 did you make contact with the driver? 124 00:06:41,068 --> 00:06:42,194 Yes, I did. 125 00:06:42,277 --> 00:06:44,196 -Is the driver present in court? -[John] Yes, he is. 126 00:06:44,279 --> 00:06:45,739 Would you point him out, please? 127 00:06:46,740 --> 00:06:48,158 [Judy] Indicating the Defendant. 128 00:06:48,242 --> 00:06:51,829 [Bakman] And when you made contact with the driver, 129 00:06:51,912 --> 00:06:55,999 did you have a conversation with him at the driver's window? 130 00:06:56,082 --> 00:06:57,167 [John] Yes, I did. 131 00:06:57,251 --> 00:07:00,170 And did you ask him any particular questions, 132 00:07:00,254 --> 00:07:03,674 such as asking for his identification and registration? 133 00:07:03,757 --> 00:07:07,761 [John] Yes, I did. The driver provided me with a driver's license, 134 00:07:07,845 --> 00:07:11,390 and he also provided me with the rental agreement for the box truck. 135 00:07:11,473 --> 00:07:15,727 And after you were provided with the identification, 136 00:07:15,811 --> 00:07:18,438 did you ask you ask the driver anything? 137 00:07:18,522 --> 00:07:21,441 Well, I informed him that it was the second day of hunting season, 138 00:07:21,525 --> 00:07:23,652 and I simply asked him if he would allow us 139 00:07:23,735 --> 00:07:25,904 to take a look in the back of the vehicle. 140 00:07:25,988 --> 00:07:28,866 -[Bakman] And his answer was? -[John] Sure. 141 00:07:28,949 --> 00:07:30,617 Was that the word he used, "sure"? 142 00:07:30,701 --> 00:07:32,619 Yes, he did use the word "sure." 143 00:07:32,703 --> 00:07:33,787 Okay. 144 00:07:33,871 --> 00:07:36,290 And did you ask him to step out of the vehicle? 145 00:07:36,373 --> 00:07:37,416 [John] I did, yes. 146 00:07:37,499 --> 00:07:39,835 [Bakman] Did he voluntarily step out of the vehicle? 147 00:07:39,918 --> 00:07:41,211 [John] Yes, he did. 148 00:07:41,295 --> 00:07:43,255 [Bakman] And when he stepped out of the vehicle, 149 00:07:43,338 --> 00:07:45,924 what did you then ask him to do, if anything? 150 00:07:46,008 --> 00:07:49,803 [John] I patted down his pockets to ensure he had no weapons 151 00:07:49,887 --> 00:07:51,763 in the interest of officer safety, of course. 152 00:07:51,847 --> 00:07:55,308 And when you asked him to pat him down, 153 00:07:55,392 --> 00:07:56,894 what was his response? 154 00:07:56,977 --> 00:07:58,478 He said, sure, no problem. 155 00:07:58,562 --> 00:08:02,941 [Bakman] And at that point in time, did you then proceed 156 00:08:03,025 --> 00:08:06,195 to the back of the truck with the Defendant? 157 00:08:06,278 --> 00:08:09,448 I did not. My partner Trooper Van Cura 158 00:08:09,531 --> 00:08:11,700 proceeded to the back of the truck with the Defendant. 159 00:08:11,783 --> 00:08:14,745 I stayed up front and spoke with the other passengers. 160 00:08:14,828 --> 00:08:17,581 There were two other passengers with the Defendant. 161 00:08:17,664 --> 00:08:22,127 And so, Van Cura actually traded places with you, is that correct? 162 00:08:22,211 --> 00:08:23,212 That is correct. 163 00:08:23,295 --> 00:08:28,717 And did you observe Van Cura make entry into the cargo area of the truck? 164 00:08:28,800 --> 00:08:31,345 -Yes, I did. -And at some point in time later, 165 00:08:31,428 --> 00:08:34,347 did you observe the Defendant running from the truck? 166 00:08:34,431 --> 00:08:35,432 Yes, I did. 167 00:08:35,515 --> 00:08:37,268 [Bakman] Was an arrest made of the Defendant? 168 00:08:37,351 --> 00:08:38,352 [John] Yes. 169 00:08:38,434 --> 00:08:41,772 [Bakman] And did you understand that a body had been found? 170 00:08:41,855 --> 00:08:44,107 [John] Yes, a deceased body was found in a trunk 171 00:08:44,191 --> 00:08:47,444 in the back of the box truck, at which time 172 00:08:47,527 --> 00:08:50,489 the Defendant and two other individuals were arrested for murder. 173 00:08:50,572 --> 00:08:52,866 -No further questions. -Mr. Mentzer. 174 00:08:52,950 --> 00:08:56,161 Thank you, Your Honor. I want to make sure I have this correct. 175 00:08:56,245 --> 00:08:58,914 In the early morning hours of November 20th, 176 00:08:58,997 --> 00:09:01,959 you and your partner were on routine patrol 177 00:09:02,042 --> 00:09:03,127 in Orange County, New York, right? 178 00:09:03,210 --> 00:09:04,253 That is correct. 179 00:09:04,336 --> 00:09:07,005 [Mentzer] You pulled over my client, Leonardo Turriago, correct? 180 00:09:07,089 --> 00:09:08,090 [John] Correct. 181 00:09:08,173 --> 00:09:11,301 You asked Mr. Turriago for his driver's license and his registration. 182 00:09:11,385 --> 00:09:13,553 -Correct. -[Mentzer] License appeared in order. 183 00:09:13,637 --> 00:09:15,472 Nothing illegal from what you could see at that time. 184 00:09:15,555 --> 00:09:16,807 It appeared to be at that time, yes. 185 00:09:16,890 --> 00:09:19,559 [Mentzer] So, every question you had asked, he answered. 186 00:09:19,643 --> 00:09:20,644 Yes. 187 00:09:20,727 --> 00:09:23,230 And everything seemed to be legal, right? 188 00:09:23,313 --> 00:09:25,357 Everything seemed to be legal at the time, yes. 189 00:09:25,440 --> 00:09:28,110 -[Mentzer] He was not evasive with you? -[John] Not evasive. 190 00:09:28,193 --> 00:09:30,404 -[Mentzer] He was cooperative with you? -Indeed. 191 00:09:30,487 --> 00:09:34,199 And it appeared to you at that time that no criminal activity 192 00:09:34,283 --> 00:09:38,870 from what you could see had been engaged by my client or the passengers, right? 193 00:09:38,954 --> 00:09:40,872 At that time, we had no idea. 194 00:09:40,956 --> 00:09:43,417 So, you told us on direct examination 195 00:09:43,500 --> 00:09:45,877 something about hunting regulations, right? 196 00:09:45,961 --> 00:09:47,004 Yes. 197 00:09:47,087 --> 00:09:50,674 Well, you have participated in other enforcement activities 198 00:09:50,757 --> 00:09:53,343 with the Department of Environmental Conservation, right? 199 00:09:53,427 --> 00:09:54,469 Yes. 200 00:09:54,553 --> 00:09:58,849 Where you stop cars with the Department of Environmental Conservation, 201 00:09:58,932 --> 00:10:02,686 and you ask the drivers whether they wouldn't mind if you searched, right? 202 00:10:02,769 --> 00:10:04,021 Yes. 203 00:10:04,104 --> 00:10:06,690 [Mentzer] This wasn't that type of an operation, was it? 204 00:10:06,773 --> 00:10:09,401 No, it was not. But we are always on the look out... 205 00:10:09,484 --> 00:10:13,113 No, you've answered the question. It was not that type of an operation. 206 00:10:13,196 --> 00:10:15,949 Because the Department of Environmental Conservation 207 00:10:16,033 --> 00:10:17,993 wasn't with you that night, right? 208 00:10:18,076 --> 00:10:19,119 They were not, no. 209 00:10:19,202 --> 00:10:23,123 So, that wasn't the type of protocol that you were doing that night. 210 00:10:23,206 --> 00:10:26,793 Besides, let's be honest, there was nothing about these guys 211 00:10:26,877 --> 00:10:29,671 that indicated to you that they could've been hunters, was there? 212 00:10:29,755 --> 00:10:30,756 No. 213 00:10:30,839 --> 00:10:32,675 They weren't dressed in hunting gear were they? 214 00:10:32,758 --> 00:10:34,801 -[John] No. -[Mentzer] There were no rifles, 215 00:10:34,885 --> 00:10:40,182 bullets, blood, anywhere in the cab area of that car that you saw, right? 216 00:10:40,265 --> 00:10:41,475 True, correct. 217 00:10:41,558 --> 00:10:45,812 So, there was no evidence to believe that they were hunters at all, 218 00:10:45,896 --> 00:10:47,522 let alone illegal hunters? 219 00:10:47,606 --> 00:10:48,690 Correct. 220 00:10:48,774 --> 00:10:52,736 What you really wanted was to search that van 221 00:10:52,819 --> 00:10:55,739 after you saw these three Hispanic men 222 00:10:55,822 --> 00:10:58,408 from New York City driving up in your area. 223 00:10:58,492 --> 00:11:02,954 Whether or not they were Hispanic has no bearing on anything, actually. 224 00:11:03,038 --> 00:11:07,084 But you know that you need to have a valid legal reason 225 00:11:07,167 --> 00:11:08,919 to search the car, correct? 226 00:11:09,002 --> 00:11:11,671 We asked his permission to search the back of the vehicle, sir. 227 00:11:11,755 --> 00:11:13,131 You mind if we look in the back? 228 00:11:13,215 --> 00:11:18,553 And it is your testimony to this court that this man right here, 229 00:11:18,637 --> 00:11:20,722 who ultimately had a dead body in the back, 230 00:11:20,806 --> 00:11:23,350 told you no problem, when you asked him to search. 231 00:11:23,433 --> 00:11:25,310 That is exactly what he said. 232 00:11:25,394 --> 00:11:27,604 We were surprised ourselves, to be honest with you. 233 00:11:27,687 --> 00:11:31,149 You don't have any video evidence of him consenting to the search, do you? 234 00:11:31,233 --> 00:11:32,275 No. 235 00:11:32,359 --> 00:11:36,863 It is just your word that when you asked Leonardo Turriago, 236 00:11:36,947 --> 00:11:41,451 a man trying to dispose of a dead body in the back of that truck, 237 00:11:41,535 --> 00:11:44,329 whether you can search the back of that truck, 238 00:11:44,413 --> 00:11:46,164 he said, "Sure, no problem." 239 00:11:46,248 --> 00:11:48,208 That is exactly what he said. 240 00:11:50,127 --> 00:11:51,545 [Mentzer] Thank you, Officer. 241 00:11:51,628 --> 00:11:53,308 [Judy] Thank you very much. You're excused. 242 00:11:55,424 --> 00:11:57,217 [Judy] Before we get back to the trial, 243 00:11:57,300 --> 00:11:59,344 I'm going to call a bit of a time out. 244 00:11:59,428 --> 00:12:02,556 I think it's important to understand the stakes here. 245 00:12:02,639 --> 00:12:07,018 If Turriago's motion to suppress the evidence from the search is upheld, 246 00:12:07,102 --> 00:12:09,271 he will likely go free. 247 00:12:09,354 --> 00:12:13,233 Because everything the police found would be fruit of the poisonous tree, 248 00:12:13,316 --> 00:12:14,901 as we've discussed. 249 00:12:14,985 --> 00:12:17,779 That also includes the confession he made 250 00:12:17,863 --> 00:12:20,907 once State Troopers took him to the police station. 251 00:12:20,991 --> 00:12:24,411 And this is what he confessed to doing. 252 00:12:26,455 --> 00:12:28,373 That's two kilos, like usual. 253 00:12:29,374 --> 00:12:32,043 Looks a little light to me. 254 00:12:32,127 --> 00:12:33,587 No? 255 00:12:35,005 --> 00:12:36,590 [man] You believe this guy? 256 00:12:37,174 --> 00:12:40,469 You don't like the count, you can leave with nothing. 257 00:12:40,552 --> 00:12:41,720 Your choice. 258 00:12:41,803 --> 00:12:43,555 Calm down, calm down. 259 00:12:43,638 --> 00:12:45,849 I'm not questioning the weight. 260 00:12:45,932 --> 00:12:48,768 I'm just saying you're cutting this too much. 261 00:12:50,228 --> 00:12:51,980 My customers are complaining. 262 00:12:52,063 --> 00:12:56,234 Look, I gotta make a profit, just like you. 263 00:12:56,318 --> 00:13:00,113 Yes, but you aren't making anything 264 00:13:00,197 --> 00:13:02,240 without my guys selling this on the street. 265 00:13:02,824 --> 00:13:06,786 So, when I say that people are complaining, that's a problem 266 00:13:06,870 --> 00:13:08,079 for you. 267 00:13:11,666 --> 00:13:14,503 I think you might want to rephrase that, dude. 268 00:13:15,754 --> 00:13:18,256 All right. I'm sorry. 269 00:13:19,424 --> 00:13:20,592 Call off your dog. 270 00:13:21,134 --> 00:13:23,178 I got the cash right here. 271 00:13:32,646 --> 00:13:35,398 [sighs] This is how it's gonna be. 272 00:13:35,482 --> 00:13:37,025 Believe it or not... 273 00:13:38,485 --> 00:13:39,945 this is your lucky day. 274 00:13:40,529 --> 00:13:42,906 From now on, we're partners. 275 00:13:42,989 --> 00:13:47,077 Between your supply and my guys selling this on the street, 276 00:13:47,160 --> 00:13:49,621 we're gonna make a lot more money. 277 00:13:51,957 --> 00:13:53,833 And if I refuse? 278 00:13:53,917 --> 00:13:57,796 Let's see, if I decide not to shoot you now, 279 00:13:58,588 --> 00:14:02,050 there's gonna be a lot more guns pointed at you in the future. 280 00:14:02,133 --> 00:14:03,969 What do you think, Ed? 281 00:14:05,053 --> 00:14:06,763 [tense music building] 282 00:14:11,601 --> 00:14:13,436 [groaning] 283 00:14:16,731 --> 00:14:18,024 [gurgling] 284 00:14:18,108 --> 00:14:20,610 I don't think this partnership's gonna work out. 285 00:14:20,694 --> 00:14:22,237 [man gasping] 286 00:14:22,904 --> 00:14:24,447 Die! 287 00:14:24,531 --> 00:14:26,157 [hammer thudding] 288 00:14:30,537 --> 00:14:32,122 What just happened? 289 00:14:36,126 --> 00:14:39,087 We're gonna need some duct tape 290 00:14:39,170 --> 00:14:41,006 and a lot of plastic wrap. 291 00:14:44,092 --> 00:14:45,969 I call Officer Van Cura. 292 00:14:46,803 --> 00:14:47,929 [Judy] You may inquire. 293 00:14:48,013 --> 00:14:51,558 Thank you. Officer, can you tell the court your profession or occupation? 294 00:14:51,641 --> 00:14:53,560 I'm a State Trooper for the state of New York. 295 00:14:53,643 --> 00:14:57,939 [Bakman] And directing your attention to the evening of November 20th. 296 00:14:58,023 --> 00:15:01,526 Did a particular box truck catch your attention that evening? 297 00:15:01,610 --> 00:15:02,694 Uh, yes, it did. 298 00:15:02,777 --> 00:15:05,280 [Bakman] And what was the reason it caught your attention? 299 00:15:05,363 --> 00:15:06,406 It was speeding. 300 00:15:06,489 --> 00:15:11,328 And at the time of the enforcement stop, did you hear your partner 301 00:15:11,411 --> 00:15:14,289 ask the driver to step out of the vehicle? 302 00:15:14,372 --> 00:15:15,373 [James] Yes, I did. 303 00:15:15,457 --> 00:15:17,751 [Bakman] Was it an ask, or was it a demand? 304 00:15:17,834 --> 00:15:19,002 It was an ask. 305 00:15:19,085 --> 00:15:23,006 And did you hear your partner ask the driver for consent 306 00:15:23,089 --> 00:15:27,052 to search inside the cargo area of that vehicle? 307 00:15:27,135 --> 00:15:28,178 Uh, yes. 308 00:15:28,261 --> 00:15:30,764 [Bakman] And was that an ask, or was that a demand? 309 00:15:30,847 --> 00:15:31,848 That was an ask. 310 00:15:31,931 --> 00:15:34,351 That's sort of a conclusion. Did you hear what he said? 311 00:15:34,434 --> 00:15:36,061 -Yes. -What did he say? 312 00:15:36,144 --> 00:15:40,190 He asked him to step outside of the vehicle. Uh, asked, not told... 313 00:15:40,273 --> 00:15:42,984 No, just a... He asked him to step out of the vehicle? 314 00:15:43,068 --> 00:15:44,069 Yes, ma'am. 315 00:15:44,152 --> 00:15:46,613 Would you tell me what words either you or your partner used 316 00:15:46,696 --> 00:15:51,117 to ask about the driver's permission to look in the back of the truck. 317 00:15:51,201 --> 00:15:52,535 I'd like to hear those words. 318 00:15:52,619 --> 00:15:56,122 I specifically asked the driver if I could look in the back of his vehicle. 319 00:15:56,206 --> 00:15:57,457 You mind showing us what's in the back? 320 00:15:57,540 --> 00:15:59,751 And he said yes. Actually, he said "sure." 321 00:16:02,170 --> 00:16:04,047 Okay. Go ahead. 322 00:16:04,130 --> 00:16:06,800 And so, when you were at the back of the vehicle, 323 00:16:06,883 --> 00:16:10,011 did you ask the Defendant to open the truck up? 324 00:16:10,095 --> 00:16:11,137 [James] Yes, I did. 325 00:16:11,221 --> 00:16:12,555 [Bakman] What did you see inside? 326 00:16:12,639 --> 00:16:14,766 [James] I saw a cardboard box and a steamer trunk. 327 00:16:14,849 --> 00:16:16,601 [Bakman] Was the trunk locked? 328 00:16:16,685 --> 00:16:17,852 [James] Yes, it was. 329 00:16:17,936 --> 00:16:20,438 Did you ask the Defendant to open the steamer trunk? 330 00:16:20,522 --> 00:16:22,482 -[James] Yes, I did. -[Bakman] Did he open it? 331 00:16:22,565 --> 00:16:24,901 -[James] Yes, he did. -[Bakman] What did you see? 332 00:16:24,984 --> 00:16:27,154 [James] He struggled to open the trunk at first with his keys. 333 00:16:27,237 --> 00:16:29,823 Once he got the trunk open and the lid popped up, 334 00:16:29,906 --> 00:16:32,284 I saw what appeared to be human legs protruding from the trunk. 335 00:16:32,367 --> 00:16:34,577 [Bakman] And when you saw that body, 336 00:16:34,661 --> 00:16:36,621 what did you see the Defendant do? 337 00:16:36,705 --> 00:16:39,040 Once the lid popped open and the human legs were visible, 338 00:16:39,124 --> 00:16:42,669 the Defendant ran. I then gave chase and I apprehended the Defendant. 339 00:16:42,752 --> 00:16:44,254 [Bakman] Did you place him under arrest? 340 00:16:44,337 --> 00:16:45,505 -[James] Yes, sir. -[Bakman] For what? 341 00:16:45,588 --> 00:16:46,923 Murder. 342 00:16:47,006 --> 00:16:50,552 [Bakman] And did you take the Defendant back to the police station? 343 00:16:50,635 --> 00:16:51,720 Yes. 344 00:16:51,803 --> 00:16:55,682 At the police station, sir, did you Mirandize the Defendant? 345 00:16:55,765 --> 00:16:56,766 Yes, I did. 346 00:16:56,850 --> 00:16:58,977 [Bakman] After Mirandizing the Defendant, sir, 347 00:16:59,060 --> 00:17:01,229 did he tell you what happened to the victim? 348 00:17:01,312 --> 00:17:03,356 -Yes, he did. -What did he say? 349 00:17:03,440 --> 00:17:05,609 [James] He said he shot the victim in the face five times 350 00:17:05,692 --> 00:17:07,986 with a 25-caliber gun over a drug dispute. 351 00:17:08,069 --> 00:17:10,280 Once he realized that the victim wasn't dead, he then took a hammer 352 00:17:10,363 --> 00:17:13,241 and struck him in the head with it three times to finish him off. 353 00:17:13,324 --> 00:17:17,412 Two accomplices then took the body, wrapped it in cellophane and duct tape, 354 00:17:17,494 --> 00:17:19,622 and then stuffed it in the steamer trunk. 355 00:17:19,705 --> 00:17:21,915 -[tense music] -[men grunting] 356 00:17:26,087 --> 00:17:27,255 -[grunts] -[body thuds] 357 00:17:28,757 --> 00:17:31,176 [man] Thanks for helping with this. 358 00:17:32,302 --> 00:17:34,220 Leo's not going to forget it. 359 00:17:35,555 --> 00:17:36,973 That's what friends do. 360 00:17:38,600 --> 00:17:40,852 We do this quick, 361 00:17:40,935 --> 00:17:44,564 and if anyone from his crew asks, he never showed up for the buy. 362 00:17:44,647 --> 00:17:46,858 [grunting with effort] 363 00:17:49,986 --> 00:17:55,575 And we're just a couple of guys on our way to a construction job. 364 00:18:00,914 --> 00:18:02,874 Yes, here's my hammer. 365 00:18:12,133 --> 00:18:15,970 Did he tell you where you could find the murder weapon? 366 00:18:16,763 --> 00:18:18,097 Yes, he did. 367 00:18:18,181 --> 00:18:21,476 [officer] According to Turriago's confession, he didn't even live here. 368 00:18:21,559 --> 00:18:24,062 This was just a place used to distribute cocaine. 369 00:18:24,145 --> 00:18:27,148 Yep. I got a white powdery substance here. 370 00:18:27,232 --> 00:18:29,025 Maybe it spilled during the struggle. 371 00:18:29,108 --> 00:18:32,695 Blood splatter over here consistent with the table being overturned. 372 00:18:32,779 --> 00:18:33,822 [shutter clicks] 373 00:18:33,905 --> 00:18:36,741 If this matches the murder victim and the recovered hammer, 374 00:18:36,825 --> 00:18:38,243 Turriago's done. 375 00:18:39,244 --> 00:18:43,206 We have a bullet casing. Looks like a little 25-caliber. 376 00:18:44,332 --> 00:18:46,835 Probably why he shot the guy so many times. 377 00:18:46,918 --> 00:18:49,963 I love it when a good confession comes together. 378 00:18:50,046 --> 00:18:52,173 Always makes life easier. 379 00:18:54,634 --> 00:18:56,678 Well, lookie here. 380 00:18:59,264 --> 00:19:01,057 [chuckles] 381 00:19:01,140 --> 00:19:02,517 Drinks on me, boys. 382 00:19:04,310 --> 00:19:06,688 Where did he tell you you could find the gun? 383 00:19:06,771 --> 00:19:09,107 He said he discarded the gun and threw it in the Hudson River. 384 00:19:09,190 --> 00:19:12,986 [Bakman] Did he give you the location where he threw it into the Hudson? 385 00:19:13,069 --> 00:19:15,154 -[James] Yes. -[Bakman] And to your knowledge, 386 00:19:15,238 --> 00:19:17,574 -was it later recovered? -Yes, it was. 387 00:19:17,657 --> 00:19:19,075 [Bakman] No further questions. 388 00:19:19,158 --> 00:19:20,159 You may inquire. 389 00:19:20,243 --> 00:19:21,661 [Mentzer] Thank you, Judge. 390 00:19:21,744 --> 00:19:25,206 Officer Van Cura, at about 2:00 AM on November 20th, 391 00:19:25,290 --> 00:19:28,501 you and your partner, O'Leary, were on routine patrol? 392 00:19:28,585 --> 00:19:29,711 That's correct, yes. 393 00:19:29,794 --> 00:19:33,631 And you were parked about three quarters of a mile from the Woodbury tollbooth? 394 00:19:33,715 --> 00:19:34,799 Yes. 395 00:19:34,883 --> 00:19:37,677 [Mentzer] Now, you say that this box truck 396 00:19:37,760 --> 00:19:40,138 who had just stopped at the Woodbury tollbooth, 397 00:19:40,221 --> 00:19:44,392 had already accelerated to the point it was traveling 70 miles an hour 398 00:19:44,475 --> 00:19:46,227 within three quarters of a mile? 399 00:19:46,311 --> 00:19:47,604 That's the way it happened, yes. 400 00:19:47,687 --> 00:19:49,189 [Mentzer] You're saying that this man, 401 00:19:49,272 --> 00:19:51,691 who was driving with a dead body in the back, 402 00:19:51,774 --> 00:19:55,194 is just tearing out of this tollbooth right in front of you guys, right? 403 00:19:55,278 --> 00:19:56,863 Yes, that's the way it happened. 404 00:19:56,946 --> 00:20:00,074 Now, at some point, you walked around to the back of that box truck 405 00:20:00,158 --> 00:20:02,118 -to the cargo area, correct? -Correct. 406 00:20:02,201 --> 00:20:04,829 [Mentzer] And there you saw my client Leonardo Turriago. 407 00:20:04,913 --> 00:20:06,706 -[James] Correct. -[Mentzer] You asked Mr. Turriago 408 00:20:06,789 --> 00:20:09,459 -to open the back of the cargo area, yes? -[James] Yes. 409 00:20:09,542 --> 00:20:12,253 [Mentzer] He opened it up. You saw a cardboard box 410 00:20:12,337 --> 00:20:14,714 -and a steamer trunk in the back. -[James] Correct. 411 00:20:14,797 --> 00:20:18,092 You asked Mr. Turriago what was in the cardboard box. 412 00:20:18,176 --> 00:20:21,554 He told you that it was some clothing and some construction equipment. 413 00:20:21,638 --> 00:20:22,805 -Right? -[James] Correct. 414 00:20:22,889 --> 00:20:27,310 You ask him to open up the cargo to see if that was true, what he had told you. 415 00:20:27,393 --> 00:20:29,604 -Correct. -[Mentzer] It turned out it was true. 416 00:20:29,687 --> 00:20:31,481 He had some clothing and a hammer, right? 417 00:20:31,564 --> 00:20:32,565 Correct. 418 00:20:32,649 --> 00:20:36,402 [Mentzer] At that point, every answer he gave you appeared to be truthful. 419 00:20:36,486 --> 00:20:37,487 Yes. 420 00:20:37,570 --> 00:20:40,615 You had no reason, at that point, to think he was lying to you. 421 00:20:40,698 --> 00:20:41,824 -Right? -Correct. 422 00:20:41,908 --> 00:20:44,202 And at that point, you had no reason to think 423 00:20:44,285 --> 00:20:47,246 he had been engaged in any criminal conduct at all. 424 00:20:47,330 --> 00:20:48,373 -Right? -Yes. 425 00:20:48,456 --> 00:20:51,626 You didn't just issue him a ticket and send him on his way, did you? 426 00:20:51,709 --> 00:20:53,628 -[James] No. -[Mentzer] You didn't run his license. 427 00:20:53,711 --> 00:20:54,796 -Right? -Correct. 428 00:20:54,879 --> 00:20:56,839 -[Mentzer] You kept pressing further. -Correct. 429 00:20:56,923 --> 00:20:59,926 When you asked him to open up that steamer trunk, 430 00:21:00,009 --> 00:21:04,555 which you later learned had a dead body inside, 431 00:21:04,639 --> 00:21:07,892 he said, sure, no problem. That's your testimony? 432 00:21:07,976 --> 00:21:09,435 Yes, that's what he said. 433 00:21:09,519 --> 00:21:13,690 And then, it was only after you got back to the precinct 434 00:21:13,773 --> 00:21:15,942 after you found the dead body, 435 00:21:16,025 --> 00:21:18,987 after you arrested these three men for murder, 436 00:21:19,070 --> 00:21:20,905 -that you ran his license. -Correct. 437 00:21:20,989 --> 00:21:23,074 Even though you pulled him over for speeding, 438 00:21:23,157 --> 00:21:25,577 you didn't even run his license until he gets back to the precinct. 439 00:21:25,660 --> 00:21:27,579 -After you arrest him for murder. -[James] Correct. 440 00:21:27,662 --> 00:21:29,914 [Mentzer] You don't even issue him a speeding ticket 441 00:21:29,998 --> 00:21:32,500 -until after you found the body. -Yes. 442 00:21:32,583 --> 00:21:34,502 You were covering your tracks, were you not? 443 00:21:34,585 --> 00:21:37,588 -No. -'Cause you knew you needed some reason 444 00:21:37,672 --> 00:21:40,383 to have stopped this car in the first place, right? 445 00:21:40,466 --> 00:21:41,801 -No. -[Mentzer] You don't? 446 00:21:41,884 --> 00:21:43,886 We needed a reason, but the reason was speeding. 447 00:21:43,970 --> 00:21:44,971 That was our reason. 448 00:21:45,054 --> 00:21:46,848 -Let me ask a... Just a second. -When you... 449 00:21:46,931 --> 00:21:49,600 -When you pull a car over for speeding... -Yes, ma'am. 450 00:21:49,684 --> 00:21:53,271 ...as part of any normal process, am I correct 451 00:21:53,354 --> 00:21:57,734 that you usually take the license and/or registration... 452 00:21:57,817 --> 00:22:00,236 -Mm-hmm. -...and you go back to your car. 453 00:22:00,319 --> 00:22:04,157 I know my husband's been stopped for speeding a couple of times. 454 00:22:04,240 --> 00:22:07,076 I've never been stopped for speeding. 455 00:22:07,744 --> 00:22:12,457 They take the license and they go back and run a check on the license 456 00:22:12,540 --> 00:22:14,792 if you're stopped for speeding. Correct? 457 00:22:14,876 --> 00:22:15,877 Correct. 458 00:22:15,960 --> 00:22:19,630 You had not done that, at that point, prior to finding the body. 459 00:22:19,714 --> 00:22:21,549 -Is that correct? -That is correct. 460 00:22:22,550 --> 00:22:26,929 [Mentzer] So, I ask you again, up until the time you got back to the precinct, 461 00:22:27,013 --> 00:22:29,682 nothing you did was consistent 462 00:22:29,766 --> 00:22:32,643 with an officer that pulled someone over for speeding. 463 00:22:32,727 --> 00:22:33,770 -Correct? -Yes. 464 00:22:33,853 --> 00:22:35,021 No further questions, Judge. 465 00:22:35,104 --> 00:22:37,690 [Bakman] I have a couple of questions on redirect. 466 00:22:37,774 --> 00:22:41,194 So, based on Mr. Mentzer's question 467 00:22:41,277 --> 00:22:44,447 about whether you knew at some point in time 468 00:22:44,530 --> 00:22:49,327 you'd be asked about why you obtained consent to open the truck. 469 00:22:49,410 --> 00:22:53,247 Based on that question, Officer, let me ask you this. 470 00:22:53,331 --> 00:22:56,250 Did you manufacture probable cause out in the field? 471 00:22:56,334 --> 00:22:58,419 -No. -[Bakman] No further questions. 472 00:22:58,503 --> 00:23:01,631 While you didn't manufacture probable cause out in the field, 473 00:23:01,714 --> 00:23:04,550 you certainly did manufacture probable cause 474 00:23:04,634 --> 00:23:07,678 once you got back to the precinct after finding the body, didn't you? 475 00:23:07,762 --> 00:23:08,888 Objection, argumentative. 476 00:23:08,971 --> 00:23:10,348 [Judy] It is argumentative. 477 00:23:10,431 --> 00:23:12,350 There's no suggestion, Mr. Mentzer, 478 00:23:12,433 --> 00:23:15,311 that evidence was manufactured back at the precinct. 479 00:23:15,394 --> 00:23:17,313 Judge, if I might. 480 00:23:17,396 --> 00:23:22,110 Mr. Bakman asked the question, did you manufacture probable cause. 481 00:23:22,193 --> 00:23:23,402 In the field. 482 00:23:23,486 --> 00:23:25,613 How can I be deprived of the right to ask, 483 00:23:25,696 --> 00:23:28,324 "Did you manufacture probable cause back at the precinct?" 484 00:23:28,407 --> 00:23:31,536 Because there's no probable cause necessary back at the precinct. 485 00:23:31,619 --> 00:23:33,454 They found a dead body in the car. 486 00:23:33,538 --> 00:23:36,707 And that's probable cause to bring him in. 487 00:23:36,791 --> 00:23:40,878 The basis for the stop in the first place, I'm suggesting it was pretextual. 488 00:23:40,962 --> 00:23:43,756 That they covered their tracks when they got back to the precinct 489 00:23:43,840 --> 00:23:47,051 and realized they had no reason to have stopped this car. 490 00:23:47,135 --> 00:23:50,638 They ended up writing a speeding ticket claiming he was speeding to... 491 00:23:50,721 --> 00:23:52,890 [Judy] Oh, well, that's a little complicated. 492 00:23:52,974 --> 00:23:54,851 It encompasses, did you manufacture evidence. 493 00:23:54,934 --> 00:23:58,146 You want to ask a specific question as to whether or not 494 00:23:58,229 --> 00:24:01,858 because they didn't have evidence, they manufactured probable cause 495 00:24:01,941 --> 00:24:04,819 at the precinct by issuing a speeding ticket. 496 00:24:04,902 --> 00:24:07,196 -Yes. -[Judy] I will let you ask that question. 497 00:24:07,280 --> 00:24:08,782 But you can't ask an overall question. 498 00:24:08,865 --> 00:24:12,243 Didn't you in fact manufacture evidence back at the precinct? 499 00:24:12,326 --> 00:24:14,162 -Okay. Yes. -Ask him that question. 500 00:24:14,245 --> 00:24:16,455 Once you got back into the precinct, 501 00:24:16,539 --> 00:24:18,666 and you realized you had to come up with a reason 502 00:24:18,749 --> 00:24:21,043 for having stopped this van in the first place, 503 00:24:21,127 --> 00:24:24,005 that's when you manufactured the probable cause 504 00:24:24,088 --> 00:24:26,132 by writing the speeding ticket, didn't you? 505 00:24:26,215 --> 00:24:29,302 We did check the license at the station, yes, not in the field. 506 00:24:29,385 --> 00:24:30,386 Thank you. 507 00:24:30,469 --> 00:24:32,930 Okay. Witness is excused. Thank you very much. 508 00:24:33,431 --> 00:24:35,016 -People rest. -[Judy] People rest. 509 00:24:35,099 --> 00:24:36,309 Mr. Mentzer. 510 00:24:36,392 --> 00:24:40,396 If I might, the Defense calls Leonardo Turriago. 511 00:24:43,691 --> 00:24:45,151 Raise your right hand, please. 512 00:24:45,234 --> 00:24:46,903 Do you swear to tell the truth in these matters today? 513 00:24:46,986 --> 00:24:48,654 -I do. -[Kevin] Have a seat. 514 00:24:48,738 --> 00:24:50,781 -You may inquire, sir. -Thank you, Your Honor. 515 00:24:50,865 --> 00:24:55,995 Now, I want to call your attention to November 20th at approximately 2:00 AM. 516 00:24:56,078 --> 00:24:58,289 Where were you on that date at that time? 517 00:24:58,372 --> 00:25:01,667 I was driving to Binghamton in a rental van. 518 00:25:01,751 --> 00:25:04,337 Why were you driving up to Binghamton that night, Leonardo? 519 00:25:04,420 --> 00:25:09,634 We were trying to dispose of a dead body that was in the back of the truck. 520 00:25:09,717 --> 00:25:11,386 [Mentzer] Did anything unusual happen to you 521 00:25:11,469 --> 00:25:13,763 while you were driving up toward Binghamton that night? 522 00:25:13,846 --> 00:25:17,183 Yes. We were stopped by the police after leaving a tollbooth. 523 00:25:17,266 --> 00:25:20,645 [Mentzer] Before being stopped by the police, were you speeding? 524 00:25:20,728 --> 00:25:22,647 No, we had just left the tollbooth. 525 00:25:22,730 --> 00:25:24,523 [Mentzer] Is there any other reason why 526 00:25:24,607 --> 00:25:27,652 you were not going over the speed limit that particular night? 527 00:25:27,735 --> 00:25:30,655 Well, we had a dead body in the back of the van. 528 00:25:30,738 --> 00:25:33,032 [Mentzer] Now, when the Trooper pulled you over, 529 00:25:33,115 --> 00:25:35,993 did the Trooper ask you for your driver's license that night? 530 00:25:36,077 --> 00:25:39,580 [Leonardo] Yes, I gave him my driver's license and rental agreement. 531 00:25:39,664 --> 00:25:42,750 [Mentzer] What did the Trooper do when you handed him your license 532 00:25:42,833 --> 00:25:45,169 and the rental agreement for that rented box truck? 533 00:25:45,253 --> 00:25:47,588 He looked at them. He gave 'em back to me. 534 00:25:47,672 --> 00:25:50,174 And then, he told me to get out of the car. 535 00:25:50,258 --> 00:25:52,760 -And what did he do next? -[Leonardo] He searched me. 536 00:25:52,843 --> 00:25:55,221 Then he asked me what was in the back of the truck. 537 00:25:55,304 --> 00:25:56,973 What did you tell that Trooper? 538 00:25:57,056 --> 00:26:00,810 I told him that I had construction equipment in the back 539 00:26:00,893 --> 00:26:03,271 because of a job I was doing for my father. 540 00:26:03,354 --> 00:26:08,150 What did the Trooper do when you said you had construction equipment in the back? 541 00:26:08,234 --> 00:26:09,944 [Leonardo] He told me to open it up. 542 00:26:10,027 --> 00:26:13,447 Did he ask you for permission to open up the back of this truck 543 00:26:13,531 --> 00:26:17,243 before you did so, or did he tell you to open up the back? 544 00:26:17,326 --> 00:26:18,995 [Leonardo] No, he told me to open it up. 545 00:26:19,078 --> 00:26:22,290 Show us what's in the back of the truck or everyone's going to jail right now. 546 00:26:22,373 --> 00:26:23,708 -[Mentzer] Did you? -[Leonardo] Yes. 547 00:26:23,791 --> 00:26:27,128 Now, these were armed uniformed New York State police officers? 548 00:26:27,211 --> 00:26:28,212 That is right. 549 00:26:28,296 --> 00:26:30,465 [Mentzer] Did you feel you had to do what they told you? 550 00:26:30,548 --> 00:26:31,590 Yes. 551 00:26:31,674 --> 00:26:34,802 Did he ever ask for your consent to open up this trunk 552 00:26:34,885 --> 00:26:37,972 -that you knew had a dead body in it? -No. 553 00:26:40,266 --> 00:26:42,435 Damn it, open the trunk! 554 00:26:42,518 --> 00:26:44,895 Did you feel like you had any choice other than to do 555 00:26:44,979 --> 00:26:49,400 exactly as these uniformed armed police officers told you to do? 556 00:26:49,483 --> 00:26:52,069 No. I knew I had to do what he told me to do. 557 00:26:52,153 --> 00:26:53,988 Thank you, Leonardo. I have no further questions. 558 00:26:54,071 --> 00:26:55,156 Any other questions? 559 00:26:55,239 --> 00:26:58,034 Oh, yes. So, Mr. Turriago, 560 00:26:58,117 --> 00:27:00,786 let me see if I have your story straight, sir. 561 00:27:00,870 --> 00:27:05,499 On the night of November 20th, you're driving to Binghamton, 562 00:27:05,583 --> 00:27:09,086 and you've got a dead body in the back of the truck you've rented, correct? 563 00:27:09,170 --> 00:27:10,171 Yes. 564 00:27:10,254 --> 00:27:14,508 And lo and behold, you get stopped by State Troopers 565 00:27:14,592 --> 00:27:15,885 on the way to Binghamton. 566 00:27:15,968 --> 00:27:17,303 -Correct? -Yes. 567 00:27:17,386 --> 00:27:20,181 And you think you're a pretty smart guy, don't you? 568 00:27:20,264 --> 00:27:21,265 Yes. 569 00:27:21,349 --> 00:27:25,311 And you thought that you would outsmart the officers 570 00:27:25,394 --> 00:27:28,356 by playing Mr. Cooperative that night. 571 00:27:28,439 --> 00:27:29,774 -Correct? -Yes. 572 00:27:29,857 --> 00:27:34,987 And so, in order to avert suspicion on yourself, sir, 573 00:27:35,071 --> 00:27:36,781 and your accomplices, 574 00:27:36,864 --> 00:27:39,784 you decided, anything they ask me, 575 00:27:39,867 --> 00:27:42,787 I'm gonna cooperate, I'm going to say yes. 576 00:27:42,870 --> 00:27:45,289 -No. -So, the first thing they asked you 577 00:27:45,373 --> 00:27:48,501 -was identification. Correct? -Yes. 578 00:27:48,584 --> 00:27:52,630 And you knew when you gave them the license, Mr. Turriago, 579 00:27:52,713 --> 00:27:56,217 -that it was suspended. Correct, sir? -Yes. 580 00:27:56,300 --> 00:27:59,804 [Bakman] But you didn't tell them that. You were deceptive with them. 581 00:27:59,887 --> 00:28:01,305 -Correct? -Yes. 582 00:28:01,389 --> 00:28:05,184 And then, they ask you voluntarily to step out of the truck. 583 00:28:05,267 --> 00:28:07,978 -Correct? -No, they told me to. 584 00:28:08,062 --> 00:28:12,358 And we have only your word to believe it when you say, they told me. 585 00:28:12,441 --> 00:28:14,527 -Is that right, sir? -Yes. 586 00:28:14,610 --> 00:28:19,156 [Bakman] Then, they asked you for consent to conduct a pat down. 587 00:28:19,240 --> 00:28:21,784 -Yes? -No, they just patted me down. 588 00:28:21,867 --> 00:28:24,703 And then, they asked you for consent 589 00:28:24,787 --> 00:28:30,000 to open up the back of the truck in order to search. Correct? 590 00:28:30,084 --> 00:28:32,586 No. He told me to open it up. 591 00:28:33,087 --> 00:28:35,548 And once again, we have to believe your version. 592 00:28:35,631 --> 00:28:36,841 -Objection. -[Bakman] Correct? 593 00:28:36,924 --> 00:28:39,260 I don't have to do anything. That's his version. 594 00:28:39,885 --> 00:28:42,346 So, the back of the truck is opened up? 595 00:28:42,430 --> 00:28:43,764 -Yes? -Yes. 596 00:28:43,848 --> 00:28:47,476 They open up the cardboard box with your permission. 597 00:28:47,560 --> 00:28:48,727 -Correct? -No. 598 00:28:48,811 --> 00:28:51,313 They open up the steamer trunk with your permission. 599 00:28:51,397 --> 00:28:52,648 -Correct? -No. 600 00:28:52,731 --> 00:28:54,358 [Bakman] When the steamer trunk opened, 601 00:28:54,442 --> 00:28:57,153 you took off out of the back of the truck. Correct, sir? 602 00:28:57,236 --> 00:28:59,864 -[Leonardo] Yes. -[Bakman] You knew what was in the trunk, 603 00:28:59,947 --> 00:29:01,073 -Correct? -Yes. 604 00:29:01,157 --> 00:29:04,368 And at the station, you were Mirandized by police, yes? 605 00:29:04,452 --> 00:29:05,536 [Leonardo] Yes. 606 00:29:05,619 --> 00:29:07,746 [Bakman] You gave them a full confession, did you not? 607 00:29:07,830 --> 00:29:10,249 -Yes. -You told them 608 00:29:10,332 --> 00:29:13,210 that you had a drug dispute with the victim. Correct, sir? 609 00:29:13,294 --> 00:29:14,795 [Leonardo] That is correct. 610 00:29:14,879 --> 00:29:19,967 [Bakman] So, you told the officer, sir, that you shot the victim 611 00:29:20,050 --> 00:29:25,306 point blank in the face with a 25-caliber handgun. 612 00:29:25,389 --> 00:29:28,142 Not once, but five times. Yes? 613 00:29:28,225 --> 00:29:31,103 -Yes. -[Bakman] And he didn't die, did he? 614 00:29:31,187 --> 00:29:32,354 No. 615 00:29:32,438 --> 00:29:34,523 But you wanted to make sure of his death, 616 00:29:34,607 --> 00:29:38,903 so you hit him three times over the head with a steel hammer. 617 00:29:38,986 --> 00:29:40,446 -Correct? -[Leonardo] Yes. 618 00:29:40,529 --> 00:29:45,659 So, Mr. Turriago, based on what you told the officers 619 00:29:45,743 --> 00:29:49,955 with regards to this killing, as I understand it, sir, 620 00:29:50,039 --> 00:29:53,501 you're a killer, but you're not a liar, are you? 621 00:29:57,421 --> 00:29:58,589 That's correct. 622 00:29:59,089 --> 00:30:01,175 No further questions. 623 00:30:01,258 --> 00:30:02,968 [Judy] Okay, witness is excused. 624 00:30:03,052 --> 00:30:04,512 [contemplative music] 625 00:30:07,431 --> 00:30:09,266 Any other witnesses, Mr. Mentzer? 626 00:30:09,350 --> 00:30:11,018 No, the Defense rests. 627 00:30:11,101 --> 00:30:13,562 Mr. Mentzer, do you wish to make a closing argument, sir? 628 00:30:13,646 --> 00:30:15,356 [Mentzer] Yes, Your Honor. Thank you. 629 00:30:15,439 --> 00:30:18,901 Your Honor, the search of my client's rented box truck 630 00:30:18,984 --> 00:30:23,572 by New York State Troopers that resulted in them finding a dead body, 631 00:30:23,656 --> 00:30:25,908 and getting a statement from my client, 632 00:30:25,991 --> 00:30:30,496 and arresting my client and two other people for murder, was illegal. 633 00:30:30,579 --> 00:30:32,623 The Troopers who searched that van 634 00:30:32,706 --> 00:30:36,210 had absolutely no reason to believe, at that point, 635 00:30:36,293 --> 00:30:38,879 that my client was engaged in any criminal conduct. 636 00:30:38,963 --> 00:30:43,300 So, what is the reason they give you for why they searched this car? 637 00:30:43,384 --> 00:30:45,761 The oldest one in the book, consent. 638 00:30:45,844 --> 00:30:50,599 They have absolutely no written proof of it, they have no video proof of it. 639 00:30:50,683 --> 00:30:52,893 But they claim that my client, 640 00:30:52,977 --> 00:30:55,479 who has a dead body in the back of this van, 641 00:30:55,563 --> 00:30:58,941 just willingly agreed, freely and voluntarily, 642 00:30:59,024 --> 00:31:02,903 for these officers to search the back of his van. It's ridiculous. 643 00:31:02,987 --> 00:31:05,364 However, it just doesn't matter. 644 00:31:05,447 --> 00:31:08,409 It doesn't matter because, fortunately, 645 00:31:08,492 --> 00:31:12,121 our Fourth Amendment rights give us all the right to privacy. 646 00:31:12,204 --> 00:31:16,875 That is the right to be free from unreasonable searches and seizures. 647 00:31:16,959 --> 00:31:21,630 And it applies to men like Leonardo Turriago, charged with murder, 648 00:31:21,714 --> 00:31:24,508 and it also applies to innocent people 649 00:31:24,592 --> 00:31:28,304 who are driving on our highways who get pulled over 650 00:31:28,387 --> 00:31:32,600 simply because of the color of their skin or their ethnicity. 651 00:31:32,683 --> 00:31:35,352 Because that's exactly what happened here. 652 00:31:35,436 --> 00:31:37,521 Thank you. Mr. Bakman? 653 00:31:37,605 --> 00:31:41,066 Thank you, Your Honor. So, kudos to Mr. Mentzer. 654 00:31:41,150 --> 00:31:45,029 He certainly gets an "A for effort." But unfortunately for him, 655 00:31:45,112 --> 00:31:48,073 the state of the law doesn't favor his case. 656 00:31:48,157 --> 00:31:53,662 This motion is easily decided. The evidence from both officers, 657 00:31:53,746 --> 00:31:58,751 this vehicle was doing 70 miles an hour in a 55 mile per hour zone. 658 00:31:58,834 --> 00:32:03,380 That is PC to conduct an enforcement stop. 659 00:32:03,464 --> 00:32:06,050 The second issue is consent. 660 00:32:06,133 --> 00:32:11,263 Now, Mr. Mentzer wants you to again believe in his client, 661 00:32:11,347 --> 00:32:16,352 that consent was not given. You heard both officers say, "I asked." 662 00:32:16,435 --> 00:32:19,730 And lo and behold, they get consent. 663 00:32:19,813 --> 00:32:23,609 Probable cause exists, consent was given. 664 00:32:23,692 --> 00:32:29,406 This was a legal search. And the rest in this case 665 00:32:29,490 --> 00:32:32,368 and the motion to suppress should be denied. 666 00:32:32,451 --> 00:32:33,786 Thank you. 667 00:32:33,869 --> 00:32:37,456 We will now take a brief recess, and I will return with my verdict. 668 00:32:37,539 --> 00:32:38,957 [contemplative music] 669 00:32:41,085 --> 00:32:42,753 [Kevin] Court, come to order. 670 00:32:42,836 --> 00:32:45,339 The Honorable Judge Judy Sheindlin presiding. 671 00:32:45,422 --> 00:32:46,632 [Judy] Thank you. 672 00:32:46,715 --> 00:32:49,051 I will now render my decision in this matter. 673 00:32:50,094 --> 00:32:55,391 This court has had the unique opportunity to evaluate the testimony of each witness 674 00:32:55,474 --> 00:32:59,478 and makes the following findings of fact and conclusions of law. 675 00:32:59,561 --> 00:33:03,023 The Troopers had every right to stop Mr. Turriago for speeding. 676 00:33:03,107 --> 00:33:07,027 They also had a legitimate basis to be suspicious, 677 00:33:07,111 --> 00:33:09,571 based upon the onset of hunting season, 678 00:33:09,655 --> 00:33:13,951 the nature of the vehicle, the speed of the vehicle, and the hour. 679 00:33:14,034 --> 00:33:17,204 They were justified in asking for a consent search. 680 00:33:17,287 --> 00:33:21,667 The Defendant voluntarily gave that consent to the Troopers 681 00:33:21,750 --> 00:33:23,460 to search the cargo area. 682 00:33:23,544 --> 00:33:27,005 The body of the victim was discovered during a lawful search, 683 00:33:27,089 --> 00:33:32,136 and all other evidence following therefrom must be admitted. 684 00:33:32,219 --> 00:33:34,388 The motions to suppress are denied. 685 00:33:37,933 --> 00:33:41,812 After the evidence was allowed to be considered at Turriago's trial, 686 00:33:41,895 --> 00:33:43,605 he was found guilty of murder. 687 00:33:43,689 --> 00:33:47,109 But he appealed claiming that his Fourth Amendment rights 688 00:33:47,192 --> 00:33:49,737 were violated by an unlawful search. 689 00:33:49,820 --> 00:33:53,866 This time, the Appeals Court found in favor of Turriago. 690 00:33:53,949 --> 00:33:57,911 And the case was ordered returned to the lower court for a retrial. 691 00:33:57,995 --> 00:34:00,497 However, at that retrial, 692 00:34:00,581 --> 00:34:03,876 the Prosecutors wouldn't be allowed to use any evidence 693 00:34:03,959 --> 00:34:08,714 of the dead body, the gun, or the confession, 694 00:34:08,797 --> 00:34:14,261 because all these were fruits of the poisonous illegal search. 695 00:34:14,344 --> 00:34:19,891 A confessed killer was almost certainly going to be set free. 696 00:34:19,975 --> 00:34:22,728 But the state of New York wasn't done. 697 00:34:23,937 --> 00:34:27,357 Citizens joined Prosecutors to protest the decision, 698 00:34:27,440 --> 00:34:30,569 and the case was appealed to yet another high court. 699 00:34:30,652 --> 00:34:34,822 This time, they introduced a different legal concept 700 00:34:34,907 --> 00:34:38,494 called the doctrine of "inevitable discovery." 701 00:34:38,577 --> 00:34:42,246 That rule holds that if through normal police work, 702 00:34:42,331 --> 00:34:47,252 the evidence would have eventually been discovered, it is admissible, 703 00:34:47,335 --> 00:34:51,340 even if it was originally the product of an illegal search. 704 00:34:53,091 --> 00:34:54,635 Counsel, note your appearance. 705 00:34:54,717 --> 00:34:57,805 Good morning, Your Honors. Larry Bakman on behalf of the Appellant, 706 00:34:57,888 --> 00:34:59,848 the People of the State of New York. 707 00:34:59,932 --> 00:35:01,934 Good morning, everybody. Daniel Mentzer 708 00:35:02,017 --> 00:35:04,728 on behalf of Leonardo Turriago, the Respondent. 709 00:35:04,812 --> 00:35:07,189 At this time, we'll take opening arguments from counsel. 710 00:35:07,272 --> 00:35:09,066 Mr. Bakman, would you like to proceed? 711 00:35:09,149 --> 00:35:10,943 -[Bakman] I would, Your Honor. -Thank you. 712 00:35:11,026 --> 00:35:14,863 As set forth in the People's Appellate brief, 713 00:35:14,947 --> 00:35:19,827 the issues that I foresee this court dealing with are as follows: 714 00:35:19,910 --> 00:35:25,624 One, was there voluntary consent given by the Defendant out in the field? 715 00:35:25,707 --> 00:35:31,630 Two, that this traffic stop was the product of racial profiling. 716 00:35:31,713 --> 00:35:35,217 Three, is the Defendant in this case 717 00:35:35,300 --> 00:35:39,221 entitled to the application of the law that states 718 00:35:39,304 --> 00:35:43,350 there must be a founded suspicion of criminal activity 719 00:35:43,433 --> 00:35:46,186 in order for the police to ask for consent. 720 00:35:46,270 --> 00:35:49,523 The People's position is absolutely not. 721 00:35:49,606 --> 00:35:54,069 It's the People's position that all of those arguments are mooted. 722 00:35:54,152 --> 00:35:58,198 They're nullified by the doctrine of inevitable discovery. 723 00:35:58,282 --> 00:36:03,120 Because if you take away consent, then out in the field, 724 00:36:03,203 --> 00:36:07,708 the police would have run the driver 725 00:36:07,791 --> 00:36:10,335 to see if he had a valid operator's license. 726 00:36:10,419 --> 00:36:12,462 And within a minute or two, it would've come back 727 00:36:12,546 --> 00:36:15,424 that the Defendant's license was suspended. 728 00:36:15,507 --> 00:36:18,677 The Defendant would've been most likely arrested. 729 00:36:18,760 --> 00:36:22,389 The car would've been impounded, and there would've been an inventory search. 730 00:36:22,472 --> 00:36:27,769 Once the inventory search occurred, the body would've been found. 731 00:36:27,853 --> 00:36:29,605 The hammer would've been found. 732 00:36:29,688 --> 00:36:33,859 And all of the reasons that the Intermediate Appellate Division found 733 00:36:33,942 --> 00:36:37,613 to justify suppression are taken away. 734 00:36:37,696 --> 00:36:41,491 We submit that this Court should look at that doctrine 735 00:36:41,575 --> 00:36:46,038 and find that it applies and reinstate the conviction 736 00:36:46,121 --> 00:36:48,165 in this case. Thank you. 737 00:36:48,749 --> 00:36:50,918 Thank you, Mr. Bakman. Mr. Mentzer. I ask you 738 00:36:51,001 --> 00:36:53,545 if you'd like an opportunity to make a statement, as well? 739 00:36:53,629 --> 00:36:55,130 Thank you, Your Honor, I would. 740 00:36:56,298 --> 00:36:59,259 The facts in this case, the relevant facts in this case, 741 00:36:59,343 --> 00:37:00,969 are really not in dispute. 742 00:37:01,053 --> 00:37:06,558 Two New York State Troopers pull over a van that had three Hispanic men in it. 743 00:37:06,642 --> 00:37:09,227 They ask for information from those men. 744 00:37:09,311 --> 00:37:12,064 They gave it to 'em. Completely cooperative. 745 00:37:12,147 --> 00:37:15,984 So, the Troopers had no reason to believe they had conducted or been engaged 746 00:37:16,068 --> 00:37:19,613 in any criminal conduct at all, but they still conducted the search. 747 00:37:19,696 --> 00:37:23,241 The Appellate Division correctly found that that was the application 748 00:37:23,325 --> 00:37:26,078 of the facts to the law, and they suppressed. 749 00:37:26,161 --> 00:37:29,831 So, why are the People continuing to appeal this case? 750 00:37:29,915 --> 00:37:32,751 Well, we know the reason. Because if you apply the law 751 00:37:32,834 --> 00:37:35,671 as the Appellate Division did to these facts, 752 00:37:35,754 --> 00:37:40,175 that means that evidence of a murder, evidence of drug dealing, 753 00:37:40,258 --> 00:37:42,386 is suppressed against my client. 754 00:37:42,469 --> 00:37:45,555 And when this case goes back for a new trial, 755 00:37:45,639 --> 00:37:48,684 the Prosecution will not be able to use that evidence against him. 756 00:37:48,767 --> 00:37:50,560 And the possibility exists 757 00:37:50,644 --> 00:37:54,064 that someone who has confessed to a homicide might walk. 758 00:37:54,147 --> 00:37:59,611 That's the problem here. But the problem that you face is not so significant. 759 00:37:59,695 --> 00:38:03,865 Because you know that if you allow the police 760 00:38:03,949 --> 00:38:07,369 to do what they did in this case, search three Hispanic men's car 761 00:38:07,452 --> 00:38:10,747 simply because of the color of their skin. 762 00:38:10,831 --> 00:38:13,500 That means, that you're basically telling the police, 763 00:38:13,583 --> 00:38:16,420 search anyone you want. And guess who gets searched? 764 00:38:16,503 --> 00:38:18,922 Innocent people who've done nothing wrong 765 00:38:19,006 --> 00:38:22,092 for the color of their skin, get humiliated, get harassed, 766 00:38:22,175 --> 00:38:23,802 get dragged out of their cars, 767 00:38:23,885 --> 00:38:26,596 and have their cars and their property searched. 768 00:38:26,680 --> 00:38:30,183 This is where our rights pursuant to the Fourth Amendment 769 00:38:30,267 --> 00:38:32,477 against unreasonable search and seizures. 770 00:38:32,561 --> 00:38:35,105 It begins right here, not on the streets. 771 00:38:35,188 --> 00:38:39,234 And I ask you to uphold the decision of the Appellate Division. 772 00:38:39,317 --> 00:38:41,778 -Thank you. -Thank you, Mr. Mentzer. 773 00:38:41,862 --> 00:38:43,238 We're gonna retire to deliberate. 774 00:38:43,321 --> 00:38:44,865 [contemplative music] 775 00:38:47,701 --> 00:38:50,495 [Judge Adam] We have reached a unanimous verdict. 776 00:38:50,579 --> 00:38:55,375 Mr. Turriago murdered Fernando Cuervo by shooting him in the face, 777 00:38:55,459 --> 00:38:57,544 striking him in the head with a hammer, 778 00:38:57,627 --> 00:39:01,173 and then stuffing his dead body in a steamer trunk. 779 00:39:01,256 --> 00:39:05,010 On appeal, Defendant does not contest the sufficiency 780 00:39:05,093 --> 00:39:08,930 of the overwhelming evidence supporting his conviction. 781 00:39:09,014 --> 00:39:11,516 He did, in fact, murder Mr. Cuervo. 782 00:39:11,600 --> 00:39:14,603 There is no reason to address whether police possessed 783 00:39:14,686 --> 00:39:17,105 a founded suspicion of criminality 784 00:39:17,189 --> 00:39:20,650 prior to requesting permission to search Defendant's vehicle. 785 00:39:20,734 --> 00:39:23,653 Instead, it is the opinion of this court 786 00:39:23,737 --> 00:39:27,699 that the discovery of Mr. Cuervo's body was inevitable, 787 00:39:27,783 --> 00:39:30,952 and therefore not subject to suppression. 788 00:39:31,036 --> 00:39:35,665 Accordingly, the conviction is affirmed. Thank you, gentlemen. 789 00:39:36,249 --> 00:39:38,043 [string quartet music] 790 00:39:53,975 --> 00:39:55,977 [closing theme music playing] 790 00:39:56,305 --> 00:40:56,919 Watch Online Movies and Series for FREE www.osdb.link/lm