One up to three, four, five, six, seven, eight, nine.
Two up to three, four, five, six, seven, eight, nine.
One up to three, four, five, six, seven, eight, nine.
Two up to three, four, five, six, seven, eight, nine.
Partly cloudy and 64 degrees today.
- -In other news,
mayor koch vowed to put more police on the street
as the city's murder rate soars.
- Last year the city set a new record. -
a felony every four minutes.
Boy.
Don't come sneaking in here in the middle of the night.
Hey, what's going on? -Just go back to sleep.
Who's that?
None of your business.
Oh, and the TV is in the shop.
Go and pick it up this afternoon.
I got to go to class.
I got to go.
Don't let my mother see you leave.
Let's work together, let's work together. All right.
I'm telling you, it was a real thing.
I call it bullshit, dread.
It was called the black star line.
What I going to Africa for?
Me come from the west indies just like you.
No, man. That's where we ended up.
But we all came over on slave ships.
Imagine if all the policemen,
all the politicians
and all the businessmen were your people.
What are you talking about?
Marcus garvey.
I can't get the man to go to Harlem,
and he want to go back to Africa.
Hey! None of you
are gonna be graduating if you keep fucking up!
Hey.
Your man still paying for cars?
Yeah. Same as always.
-Just bring anything off the street to the back. -All right.
Yo!
That's my car! Where you going!
I'm gonna kill this fool.
Yo! I'm gonna break your face!
Hey, antoinette. Let me help you.
Hey, Colin. Thank you.
-Yeah. -I haven't seen you in a while.
How's your mom doing?
She's good. I had to get this TV fixed for her.
Oh. Well, say hi for me.
Um, right there is fine.
Can I help you with something?
Will you go out with me sometime?
Antoinette, is that you?
Colin.
Thanks.
Tomorrow?
I'll think about it.
-Colin Warner? -Nothing funny!
-Watch him. There we go. -Whoa, what are you doing?
-Get him to the car! -Come on! -Hey!
-Get off me, man. -Cuff this guy.
What are you doing?
They always think they're gonna get away.
Okay. There we go.
Nice and easy.
There.
All the way in.
Look, the best thing you could possibly do
for yourself right now
is tell me what happened.
This is not gonna go away.
It was in the middle of the fucking afternoon,
for Christ's sake.
So go ahead.
Why did you shoot Marvin?
-Excuse me? -Did he owe you money?
Is that why you shot him?
I didn't shoot anybody.
We have an eyewitness who picked you out of a photo I.D.
I'm sorry, sir,
you guys have made a mistake.
Do you know what's gonna happen to you
if you don't start cooperating?
This is a statement
acknowledging your involvement
in the shooting of Marvin Grant.
Everything in here has been corroborated
by an eyewitness.
You understand what that means?
I'm not signing that.
I ain't no killer.
All right, let's go!
- You real cute! - Put your hands...
St-stand back!
Let's go. Come on.
Kc, phone for you.
I'll call them back, please.
It's something about Colin.
They said it's urgent.
-What's the prisoner's name? -Colin Warner.
All right.
Uh, nope. He's been denied bail.
For how long?
Till he goes to trial, unless the judge rules otherwise.
-All right, thank you. -Mm-hmm.
I'm sorry, dread.
So, where's my mother?
She had to go to work.
Something with her boss.
You all right, man?
It's fucked up in here.
And no matter what I say, nobody want to listen to me.
Not even my own mother.
Brethren, the truth is going to come out.
All right?
Just hang in there until the trial start.
Them whitey have killed enough people out there.
Yo, pass that shit!
Y-you're worried about those shooters in flatbush?
I heard they grabbed some dread
that had nothing to do with it.
Yeah, man, them cats are harassing them.
Yo! It's me you're talking about!
Hey! Shut the fuck up in there!
Hey, uh...
Did you hear that guy
that was talking about those shootings in flatbush?
- Nah. -What about you?
I heard your wife, she came in to see you yesterday.
Hey, uh...
Do you know a guy named Marvin Grant?
He used to live in my building.
The police are saying i killed him.
They're saying I shot him.
He shot a guy named Spangler
couple days before he was murdered.
So Spangler cousin was out for revenge.
...seven, eight, nine.
Two up to three, four,
- five, six, seven, eight...
Hello.
This is a collect call
from the department of corrections.
-Do you accept the charges? -Yeah, I accept.
-Hello? -Colin: Kc, listen, there's a guy
named Anthony Gibson killed Marvin.
There's a guy in here who knows what happened.
I need you to go down to the 67th precinct.
Tell them this guy is willing to talk.
- I got to go. - -All right. -
-who was that? -It was Colin.
He found out about the shooting.
I got to go to the precinct.
--Excuse me.
I-i need to speak to a detective
about the Marvin Grant homicide.
You got to come back tomorrow.
-No one's here right now. -No, I have information
about a homicide.
It can't wait till tomorrow.
I'm telling you no one's here now.
...a first place tie.
That's your badge number there?
You want to make the call,
or you want me to file a complaint?
I have all night to fill out paperwork.
-Ain't that right, baby? -Damn straight.
-How you doing? -What's up, Jimmy?
So, let me get this straight.
You're saying this guy Anthony was the shooter and not Colin?
That's right.
-So, Colin was the driver? -No.
Colin had nothing to do with it.
Who told you this?
Some people.
Some people?
They're not going to talk to the police.
They know the people involved.
--The whole neighborhood
know what happened.
The whole neighborhood know you grabbed the wrong guy.
Well, unless the whole neighborhood wants to testify,
you're wasting my time.
Let's go.
Where you going?
To get a piece of cake from the store.
Get me one, too.
Please don't let it be a cell.
Let's go! On your gate! On your count!
This is docket 7442.
Your honor, the people are going to try Colin Warner
and Anthony Gibson together for the murder of Marvin Grant.
I'm requesting that these cases be consolidated
under the original indictment.
Request is granted.
Are you the guy that killed Marvin?
Don't be asking me that.
Ain't no concern of yours.
But they're saying i did it, man.
You got to tell them I'm innocent.
I ain't saying nothing like that.
If they want to say that I did it,
they're gonna have to prove it.
But they got me in here for it, man.
I don't know why you're here,
but it ain't got nothing to do with me.
Come on, let's go!
Five, four, three...
Happy new year!
Crime today is
an American epidemic.
The American people are reasserting
the belief that right and wrong do matter
and that retribution must be swift and sure for those
who decide to make a career
of preying on the innocent.
We move to adjourn for a month.
Where are the attorneys for the defense?
They're never here, your honor.
What's going on with this case?
We're preparing for trial.
We've been unable to locate the witness.
You're referring to Clarence Lewis?
Yes, your honor.
When was the last contact with Mr. Lewis?
18 months ago.
18 months?
That's correct.
Well, you have two weeks to be ready for trial,
or I'm giving the defendants a drastically low bail.
Yes, your honor.
Get the fuck down. Get the fuck down.
Open the fucking cash register!
Open the fucking register!
- Open...
Colin?
Bruce regenstreich.
The court appointed me to represent you at trial.
So they have the, uh, the eyewitness in custody,
and they want to move quickly 'cause of this judge.
So the first hearing is gonna be set for next week.
They found our witness?
Yeah. Yeah, he was, uh, picked up
on a robbery charge last night.
Any idea why he's implicating you?
Nah. I don't even know him.
And they got the guy who did it.
-Oh, you mean Anthony? -Yeah.
-And you didn't know him? -No.
I don't know any of these guys.
I'm telling you, i had nothing to do with this.
All right, look, um...
These guys, they're stuck with an impossible number of cases,
and they just want convictions.
And they'll throw whatever they can at you.
But right now they don't have a lot to work with.
Other than the eyewitness, there's nothing.
There's no motive, no weapon,
there's no physical evidence.
So this is a case we can actually win.
You've done murder cases before?
I used to be a homicide d.A.
That's all I did, just for the other side.
How old are you, Clarence?
-15. -How old do you want to be
when you get sent back to Haiti?
You understand what he means?
You're getting deported when you get out of prison.
You're not going back to Brooklyn.
Want to start your life over
when you're 18 or when you're 40?
We can make either of those happen, but you got to pick.
Your honor, the people call Clarence Lewis
to the stand.
Clarence, who was driving the car?
-Colin. -And who else was in the car?
Anthony was in the passenger seat.
And what happened when they stopped the car?
Anthony shot him.
You mean Colin?
No.
Anthony.
Are you sure about that?
Yes.
No further questions.
Uh, presently, Mr. Lewis,
you're being charged with armed robbery, is that correct?
Yes.
And did you know you can receive
up to 25 years in prison if you're convicted?
-Yes. -And, Mr. Lewis,
did anybody from the district attorney's office
advise you that if you testified in this case,
that you'd receive only two years?
Were you ever advised of that?
-Yes. -Objection!
So, by testifying against Mr. Warner,
you're receiving a dramatically lower jail sentence.
-Objection, your honor! -Sustained.
Mr. Lewis, when you first spoke to detective cassel,
did you tell him that Colin Warner shot Marvin Grant?
Yes.
But that wasn't true, was it?
-No. -You lied to detective cassel?
-Yes. -And when you went before the grand jury,
you knew in your mind,
did you not, that Colin Warner never shot Marvin Grant?
Is that right?
Yes.
So you lied to the grand jury?
- Yes.
No further questions.
They're willing
to offer you two to five years.
If you take this deal,
they'll drop all the charges against Colin.
You understand? You can't possibly get
a lighter sentence for second-degree murder.
And Colin will walk free right now.
You want time to think about it?
Yeah.
Counsel, have you made a decision?
Your honor, my client has refused the offer
and maintains his plea of not guilty before the court.
--I should be going home right now!
That kid didn't see nothing.
He don't know shit!
If you have the guts to take a man's life,
have the guts to pay the penalty for it!
What's your relationship
to the victim?
He was my brother.
And were you close?
Very. Yes.
So it's safe to say you knew
who your brother was hanging around with?
-Yes. -Did you know Colin Warner
and Anthony Gibson before your brother was killed?
Yes.
Did you ever see them with your brother Marvin?
Yes, yes, i had seen them around.
And do you have reason to believe
they wanted to kill your brother?
- Yes.
Colin Warner
and Anthony Gibson set out,
on April 10, 1980, to kill Marvin Grant.
It doesn't matter who was driving the car.
This was not a random act of violence,
this was premeditated murder.
The defendants were out for revenge,
and when they gunned down Marvin Grant in broad daylight,
people saw them do it.
Has the jury reached a verdict?
Yes, your honor.
The parties will please rise.
And what is your finding?
We find the defendant, Anthony Gibson,
guilty of murder in the second degree.
We find the defendant, Colin Warner,
guilty of murder in the second degree.
Is this verdict true?
I don't pretend to know.
I don't have the capacity
to actually know.
A life has been taken.
The jury has spoken.
In the case of Anthony Gibson,
the court will give the maximum juvenile sentence
of nine years to life.
In the case of Colin Warner,
the court will give the minimum allowable sentence
of 15 years to life.
You are hereby sentenced.
Stop.
Next!
Arms out.
Turn around.
Next!
Arms out.
Arms out!
Turn around!
Next!
Please don't let it be a cell.
Ah, shit.
Who's down? Who's down? Need a medic up here. E-block.
E-block. Get a stretcher up here, please.
You never know
how sacred your freedom is until it's jeopardized.
It feels like I wasn't even a person.
You feel unloved.
You want it to stop,
but my life was not in my hands anymore.
Kc dropped off some money for your commissary.
I'll make sure you don't run out.
You okay?
I just thought they would be fair.
I never thought they would do this if you didn't do anything.
I don't know you the way a mother should know her son.
I wanted to know you better, i really wanted that.
It's not your fault.
It's okay.
Come on, come on, come on.
Listen.
You and I are friends,
but if something happens, i can't protect you.
Understand?
You got to be with the other west Indians for that.
They eat out in the courts.
You from Brooklyn?
Yeah, from crown heights.
We from brownsville.
You ain't taste anything like that in a while?
Mm-mm.
Not since my grandmother cook it.
She come over with you?
She never flew on a airplane.
She never ride a bike.
She never even wore pants.
But she raised me like her son.
Thank you.
Uh, Colin, I, uh,
I filed the initial appeal.
I just, uh, wanted to let you know that it went in.
When will they notify us?
Unfortunately, it-it could take years.
Let's pick up the pace, guys.
Come on, man, keep it going. Come on.
Hey, I told you, keep moving.
Come on.
I said fucking go!
Hey, hey, hey!
Hey, I got it, i got it, I got it.
Stay the fuck off me!
- Calm down! - You understand me?
I'm not one of your prisoners, man!
You got to go back to your cell right now.
Go back to your cell right now.
No, I'm an innocent man!
Mr. Warner, got to go back to your cell.
-I'm an innocent man! -If you don't start walking,
he's gonna make your life hell right now,
and I don't want to see nothing bad happen.
Got to be careful with the guards.
They're small-minded.
They'll never cut you no slack, especially no killer like you.
- I'm not no killer, man.
I'm serious. I never killed nobody.
You had everyone saying you did something.
After a while, you start to question yourself.
Shit.
-He's a fucking... -Whoa, whoa! Whoa, whoa, whoa!
Hey! Let go!
Shut the fuck up.
Yeah, try to catch me in the shower, motherfucker.
-Fucking faggot. -Motherfucker!
-Yo, what the fuck was that? -That shit, man,
don't pay it no mind.
Trini maric�n gonna fucking die.
It's payback time, motherfucker.
Who did that to you?
You don't know?
You got something you want to say to me?
Look, I can't be associated with the things you do.
I could get killed for that.
Then go inside and eat.
You ain't have no more friends in the courts.
Brethren.
--It's a girl.
I wish you could see her, man.
She gonna know her uncle Colin, all right?
I promise you that.
Congratulations, brethren.
Thanks, man.
Shh.
What's up, man?
I wanted to tell you this in person, that, uh...
...the appeal was denied.
They admitted the evidence was weak.
"Far from overwhelming." That's the way they put it.
But they still ruled against us.
Well, there's potentially other grounds for appeal,
but you should find an appellate attorney
who does this on a regular basis.
Sorry to bother you,
-but we're raising money for Colin's appeal. -Oh.
So anything you could contribute would help.
Here you are. Good luck.
Thank you so much.
Here, take this.
-Kc! -Antoinette.
--When'd you get back?
I just got off active duty last month.
Hi.
-This is my daughter, Sasha. -Nice to meet you.
What are you doing here?
Uh, you remember Colin?
Yeah, of course.
He got arrested for a murder he didn't do,
and he's been upstate since.
How long has he been in jail?
Going on six years now.
And he's innocent?
They found the guy that did it, but they still sent Colin away.
You remember antoinette?
It's nice to see you.
Been a long time.
When the police arrested me that night, that was it,
I haven't been back home since.
My life...
Ended right there.
You know, my family in Trinidad,
I haven't seen any of them.
Most of these prisoners,
they know deep down they put themselves here.
But I don't have that comfort.
Yes?
-Hello? -Hi, grandma. It's Colin.
Oh, my god, Colin.
I miss you so much.
Yeah, I miss you, too.
I called to, uh, wish you a happy birthday.
Another year older.
Not sure I feel like celebrating it.
How is everyone?
Everyone is doing fine.
Your father's been working at the school,
coaching the teams and all that.
-He talk about you all the time. -Come on, you're done.
- Let's go. Time's up. Come on, let's go. - Hello?
Please, I... I just need one moment.
Colin? -That's a direct order.
Get off the fucking phone, or you're getting written up.
Are you still there?
Is everything okay?
Yeah, everything is fine, grandma.
But... but...
What's that noise?
I got to go.
But, um, i just want you to know
that I love you and I miss you.
I love you, too.
I'll tell your father that you called.
Any holdup? Come on.
Fuck you!
Stand up.
Remove your clothes.
I said, remove your fucking clothes.
Mr. Warner, we will not tolerate attacks on the staff.
You're being sentenced to two years in solitary confinement.
Colin...
I want you to know that I believe in your innocence.
It's hard to accept that I don't have the power
to take you out of there,
that the best thing I can hope for
is peace of mind.
If you focus on your breathing,
it'll bring you out of your mind and back into your body.
Just know that you are not alone.
Come on. Come on.
Okay, let's go. Come on.
Come on.
I will keep America moving forward,
always forward,
for a better America,
for an endless enduring dream
and a thousand points of light.
This is my mission,
and I will complete it.
I get to realize now
that prison is more mental than physical.
I have the power to at least control
certain little things.
I refuse to become what they label me.
That wasn't part of me.
I tell myself, go back and fight,
get out.
I need to go to the law library.
Okay. I'll put you down.
Thanks.
The truth cannot be hidden forever.
My goal was: Clear my name.
And I know I have to live to clear my name.
I was looking through
these old photo albums, and...
I found these.
Oh, my god.
Look at this.
Do you remember that day, um,
I fell off my bike?
It was right by Kingston park, and I was lying there
all banged up, and you saw me,
and you took me by the arm,
and you carried my bike all the way home.
I always knew you were a good kid.
I spoke to the lawyer,
but they're not gonna take the case.
They read over the brief you wrote,
but they don't think there's enough for an appeal.
But listen, man, i got another lawyer
who gonna take a look at it, all right?
Thanks.
Colin, I know in my heart
there's justice for you.
There is good in this world.
And there are people out here who love you.
If nothing else, have faith in us.
And when you walk out of those prison gates,
I'll be waiting.
Yours, antoinette.
People in Colin's situation
rarely get a competent defense at trial.
The system doesn't work for people who can't afford
to defend themselves.
-Right. -So what we do is
look for mistakes that were made at trial
that could invalidate a conviction.
And what if you don't find any mistakes?
We already found several in our preliminary review.
There's more than enough to work with here.
All right.
Well, I'm gonna need some time to put the money together.
Here's $2,000 from the church groups.
That just puts us
over $10,000.
We're still five short.
I can float the rest.
Are you sure about that?
Yeah.
Lead story: Today president Clinton signed
the crime bill into law, closing the chapter
on his largest legislative victory to date.
Longer sentences,
three strikes and you're out,
60 new capital punishment offenses,
more prisons, more prevention,
a hundred thousand more police.
Baby.
What's this $5,000 line of credit?
We didn't take this out?
I had to pull some funds for the appeal.
How are we gonna afford this?
There's about to be four of us soon,
and we're already behind on everything as it is.
I picked up extra hours at work.
And I'm gonna work weekends at the other garage.
When were you gonna tell me about this?
Babe, I didn't want you to worry.
You have enough to think about.
It's this one right here.
Congratulations, son.
Your honor, uh, the, uh, first lawyer
made several motions.
I-if you'll just, uh, bear with me.
Your honor, we-we did find, uh, two instances
in which the trial lawyer,
appropriately, uh, called for a mistrial. Um...
Mr. Logan, would you please proceed?
Sorry.
I think, uh...
I think I might have it.
I'm sorry.
I don't... think we'll get any traction with this judge.
How do you expect him to listen
when you don't have the facts of the case down?
This is a man's life you're dealing with.
We presented the strongest grounds for appeal.
If you don't agree, feel free to seek other counsel.
With what money?
I'll let you know when I receive a formal ruling.
Hello?
Hey. How'd it go?
They ain't hearing it.
I'm sorry, dread.
We're gonna keep fighting for you.
Whatever it takes.
I should get going.
Thank you, brethren.
I will be putting before
the legislature measures to eliminate work release
and abolish parole for violent felons.
- Violent felons belong in jail.
Let me also note,
I will ask the legislature to pass
and I will sign and enforce the death penalty.
Hey, kc!
Let me get a ride downtown. My car broke down.
-Yeah, sure. -All right.
All right.
Got to go to the courthouse by cadman Plaza.
Got a case?
Nah, man. Not for me.
I'm a process server. I serve legal documents.
You meet a lot of lawyers doing that?
Sure.
That's all I meet.
Hi, I'd like to take the process server exam.
Fill out these forms and bring 'em back when you're done.
Thank you.
You're welcome. Next.
Process server.
-Process server. -Thank you.
Process server. Fair prices.
You know south Brooklyn well?
I know all of Brooklyn well.
Great. Why don't you come by tomorrow?
-Hey. Come on in. -Hey.
I'm kc.
Oh, nice to meet you, kc.
I'm Shirley.
Where are you from?
Ireland. How 'bout yourself?
Trinidad.
Oh. Fellow islander.
- That's right.
These are going to Brooklyn superior.
We'll be finding a real office
- once we're a little more up and running. -
got it. Thanks.
Thank you.
It's over now.
As soon as you go before that parole board,
you're gonna be a free man.
And I'm gonna take you home.
It's just a matter of time.
Do you take this man
to be your husband, to have and to hold from this day forward,
for better, for worse, for richer, for poorer,
in sickness and in health, until death do you part?
I do.
By virtue of the authority vested in me
under the laws of the state of New York,
I now pronounce you husband and wife.
It's time.
Morning. You're Colin Warner?
Yes, sir.
You were found guilty of murder, second degree,
by a jury verdict, is that right?
Yes, sir.
You've now done 15 years?
Yes.
Why the shooting, Mr. Warner?
Mr. rafello, i didn't commit this crime.
I've been wrongfully incarcerated for 15 years,
and all I want is my freedom...
But-- I'm sorry to interrupt you--
your criminal record goes back to 1979.
And in your disciplinary record,
you've been written up for assaults
on both inmates and staff, possession of weapons,
and a host of other charges, all of which would indicate
that you are, in fact, a very violent person.
I was arrested when I was 18 years old.
And being that I was innocent, it was just very difficult
for me to adjust to... Prison life.
But I've since addressed that issue.
I got my ged. I got two years of community college.
I'm helping guys get their geds down.
I'm a teacher's aide.
You've addressed a problem by accumulating
1,284 days in solitary confinement,
where it was recommended that you lose
two years of good time.
Sir, I didn't ask to be here.
I didn't even commit a crime to put me here.
Mr. Warner,
a jury in a court of competent jurisdiction
says you did,
and that's what we follow.
You want to continue to fight this issue,
by all means, get yourself an attorney,
take it to the court of appeals,
take it to the U.S. supreme court,
take it to wherever you will.
But until a court of higher jurisdiction says
that you are innocent, as far as we're concerned,
you are guilty of murder.
So I need you to be aware that your protestations of innocence
fall on deaf ears.
Now, can you explain your violent behavior
while you were in prison?
You don't accept my reasons?
That's quite right.
I don't accept those reasons.
They may be excuses-- damn poor ones, at that--
but they're certainly not reasons.
And if you don't know the difference between a reason
and an excuse, then, sir, i suggest you look it up
in a dictionary.
For this panel to Grant parole now would
so diminish the gravity of the crime
as to undermine respect for the law.
Mr. Warner is denied parole.
- You know, we can find another way. - No.
-We can. We're gonna... -They're not gonna let me out.
I won't accept it.
You have to accept it.
You got to stop coming up here.
You asked me to be your wife.
You don't just give up on that.
What do I have to give up on?
They took everything from me! Everything!
And they gonna keep me in here until I say I killed that man.
You know I will die before I do that!
Hello?
Brethren, you have to stop all of this.
You got to stop trying to get me out.
-You need to just forget about this. -Listen...
We got to stop it, all right? I cannot keep stringing
antoinette along in this either.
Just stop coming up here.
You're never gonna get me out. All right?
-Brethren... -Do you understand me?!
I said stop! Just stop this!
- Brethren, listen...
I'm gonna do the next appeal myself.
Brethren, i know what to do now.
If we keep reaching for legal technicalities,
we ain't gonna get no rhythm.
There's not a judge in Brooklyn
who's gonna let you out on murder charges
unless he thinks you're innocent.
But we have to do our own investigation
and show them what really happened.
Brethren, you didn't kill that man.
We should be able to prove it.
Why you still at this, man?
You got your family, you got your job,
you got your life.
You know? Why you... why you keep wasting your time on me?
It's not just about you.
It's bigger than that.
It could be me in here.
Sometimes I feel like it is me.
I need to talk to you.
Come on in.
I have a friend who's in jail for a murder he didn't commit.
He's been locked up for more than 15 years now,
and we can't get no justice for him.
Everything we do comes up short.
And he's got no fight left in him.
I'll work for free if you take a look at his case.
Do you have his court records?
Yeah.
Okay.
Bring everything you have next time you come.
I got it all in my car right now.
Look here.
The witness mentioned Anthony again.
Anthony actually told people he was going to kill Marvin.
There's no murder weapon,
no forensics.
The autopsy report doesn't make any sense.
How could the bullet have a downward trajectory
if it was a drive-by shooting?
If this is all they had, the prosecution's work is sloppy
to the point of being unethical.
I found a release record
for Anthony Gibson.
First time he was up for parole, they let him out.
The eyewitness, Clarence Lewis, was deported
back to Haiti after serving six years for armed robbery.
We have a statement from the victim's brother, Leon,
who says he was on the scene moments after the shooting.
Now, the other potential witness who stands out,
Clayton Benton, goes by "massup,"
told the police he was there
when Marvin was shot, but he didn't see anything.
Hmm.
Whatever the truth is,
these kids know it.
Come on.
You gonna be good today?
- Huh? Huh? -Yeah.
All right.
So serious.
Could I have a kiss?
-Bye. -Bye, baby.
I'll pick you up after school.
Jim,
I need you to pull someone's record.
I pulled his criminal record.
Ins, dmv.
It's all in there.
He's got a warrant on a grand larceny charge in Brooklyn,
and ins has an open deportation order against him.
He didn't show for any of his court dates, and he skipped
on his bond.
Hold the door, please.
Where you been all day?
Working.
Working?
What's wrong with you?
What you talking about?
Your daughter waited outside for an hour
before the school called me at work.
You think that's safe?
Our little girl standing outside
on the street like that?
You can't tell me you care more about Colin
-than you do your own children. -You know that ain't true.
Then why you do things like this?
You know what my mother thinks?
She thinks you killed that guy and Colin get caught for it.
She can't think of any other reason
why you would keep this up for so long.
What you want me to do, Briana? You want me to leave him?
I can't just pretend this situation doesn't exist.
Yeah, well, this situation exists, too.
You better hurry up and figure that out.
I'm sorry.
Hello. You have reached the law offices of William s. Robedee.
- Please leave a message
- and we'll return your call.
Uh, hey, this is, uh, Leon Grant.
Look, I'm not gonna be able to help you with your case.
Uh... I just wanted to...
Reach out and respond to your letter.
Leon, don't hang up.
Leon, are you there?
Yeah.
Thank you so much for calling.
Look, look, I'm sorry, but I'm not gonna be able to help you.
I wouldn't remember anything anyway, that was so long ago.
Please, just hear me out.
I'm very sorry about your brother,
and I don't want to drudge this up for you, but...
They have the wrong guy in prison.
Colin Warner didn't do it.
If you look at the autopsy report,
this wasn't a drive-by; It couldn't have been.
It didn't happen the way the police said it did.
Clarence Lewis lied,
and an innocent man is doing a life sentence.
I can't imagine what you and your family have gone through,
but this doesn't help your brother.
I was around the corner
from my high school...
...when, um, Clarence Lewis came up on his bike,
and he said,
"your brother got shot!
Your brother Marvin, he got shot!"
He said, "i saw what happened."
I thought I was outside of my body, 'cause...
I couldn't believe that my brother had got shot.
Police asked me if I knew anybody
who might want to kill my brother,
and I said, "no, but my friend here said
he saw what happened."
From that moment on,
they held on to Clarence Lewis as a witness.
Were you present when they interviewed him?
Yeah. They took us down to the precinct, and...
I sat in the hallway while they interviewed him.
They showed him mug shots for hours.
Eventually, he just...
Pointed at somebody's picture.
You mean Colin Warner?
Yeah.
I remember detective cassel
raising his voice at Clarence.
"Did you see him with a gun?!"
Clarence said, "no, I... I don't see no gun."
And he said... "What do you mean
"you don't see a gun?!
"If he killed him, he had to have a gun!
Did you see a gun?!"
Clarence, you could hear his...
Voice quivering.
"I-i-i guess.
"I-i guess, yeah.
Yeah, i-i guess he had a gun."
But I think at that point he just wanted to go home.
-Were you ever questioned by detective cassel? -Yeah.
He came by my house the next day,
and he laid out four photos on the table,
and he said, "do you know any of these guys?"
And I said, "no, I don't know any of these guys."
And then he pushed Colin Warner's photo
out of the lineup.
"You don't know this guy?
You never seen this guy before?"
And I said...
"I might have."
You know, "i might have seen him before."
I... the only reason
I said that was 'cause he was badgering me.
I wanted him to stop, so I told him what he wanted to hear.
And then he said,
"well, that's the guy who shot your brother."
And then he...
Took up the photos and walked out the house.
I need to track down a Haitian citizen.
His name is Clarence Lewis.
This is his deportation record.
He was sent back to Haiti in 1988
when he was released from jail.
Are you a relative?
No, but I'm investigating a case he's involved with.
I'm sorry.
We cannot give that information out to non-relative
-without authorization. -This is incredibly important.
Can you please just see if there's an address for him?
-I'm sorry, I really can't. -Listen, this man lied
and put my husband in jail for 20 years,
and I need him to come forward.
Please.
He's listed as deceased.
It says he was murdered in port-au-prince in 1994.
I'm so sorry.
Thank you.
-Hello? -This is Anthony Gibson.
I got your letter about Colin Warner.
Could you hang on one second?
Bill?
-Bill! -Yeah?
It's Anthony.
Do you remember the events of April 10, 1980?
I remember it like it was yesterday.
And my cousin had been shot a few days before.
When you left the house with a gun,
what were you intending to do?
I had every intention of killing Marvin.
Or anybody else who was involved
with killing my cousin.
- Yo, Marvin, wait up.
Yo, Marvin!
I heard Spangler's dead, man.
You know who did it?
Can you show us how you shot him?
I touched the back of Marvin's head with the gun.
And that was that.
Was Clarence Lewis present?
No, he was not.
He lied at the trial.
What about his testimony was a lie?
Everything.
He wasn't there.
You know, the real witnesses, they never took the stand.
When was it you first heard of Colin Warner?
You know, right after my arrest,
they showed me his picture at the precinct...
And asked me if I knew him.
And I tell them I never seen this man before in my life.
I want to talk to you about the case.
-Anthony show up? -Yeah, he came in today.
Then that's it, then, right? You got everything you need.
That's... that's what i want to talk to you about.
We need a witness to come forward.
You really need to keep dragging people into this?
No, it's not that simple.
You see, Anthony's statement doesn't have any legal merit.
You can't try someone twice for the same crime.
A judge will just look at it and say...
He's just trying to get his friend out of jail.
You got to understand.
We're asking the state to admit that they were wrong.
If they can find a way out, they're gonna take it.
Look, this was 20 years ago.
I lost touch with those guys.
I don't know none of them guys no more.
What about massup?
Oh.
I haven't seen that guy since my brother died.
I mean, I saw him in the street one time.
H-he wouldn't even look at me.
I wouldn't know where to find him.
He lives in the Bronx.
I know his apartment.
Okay, give me a kiss.
No, no, hoppy stays with me.
I'll pick you up at 3:00, okay?
Okay.
There he go, right there.
Yo, massup.
Who are you?
You not remember me?
Nah.
Me Marvin brother.
You not remember Marvin?
Me can't forget Marvin, man.
Marvin me brethren.
Marvin was the first man me walk with when me come to New York.
He was the first man I see get killed in front of me.
If you was there, why you do nothin'?!
Brethren, what could I have done, huh?
I live amongst them.
And they'd come after me, too.
You got to remember, man, back then we were young.
We thought we were men, but we were just kids.
Why you here, man?
That man Colin is still in jail.
Aw, man...
I got too many problems to be getting involved with that.
Now, you know he had nothing to do with it!
Do not come back here!
Briana?
Hello. You've reached Briana at the right number
but the wrong time.
Hello. You've reached Briana at the right number
but the wrong time.
Leave a message.
Nine, eight, seven,
six, five, four,
three, two...
Happy new year, 2001!
I wanted to tell you that
I didn't know your brother, but there were nights
where I would just stay up thinking about him.
I don't know what I did to put me here,
but...
I would pray to him at night, man...
And hope that he was at peace.
Hello. -Yeah, I'm sorry to call you so late,
but I found something.
Have you ever come across a witness named Hassan wilton?
No. Who's that?
I found a transcript from his grand jury testimony
that says he was with Clarence Lewis
at the time of the shooting.
-So that means he... -He saw whatever Clarence saw.
That's right.
Nope.
I got no records for Hassan wilton.
-You sure? -There's nothing there.
Hello. -Hey.
I'm trying to track down someone you might know.
Brethren.
This is a friend of Colin Warner's.
Whatever you're gonna do to me, do it.
I'll go with you, but...
I want you to tell Colin I'm sorry.
Those cops, they used me.
I'm 15 years old.
I didn't have the brains to analyze shit,
and it fucked me up, now.
Brethren, brethren...
He's not here to hurt you.
We're gonna get him out.
That man's still in jail?
20 years now.
Can you walk me through
what happened on April 10, 1980?
Yeah. I was, um...
Hanging around erasmus high school.
I was with Clarence Lewis
and a couple other kids from the neighborhood.
...six, seven, eight, nine. Two up to three, four, five...
Were you close enough
to see where the shot was fired?
No, we were not.
We were around the corner.
Did the police
ever come to talk to you?
Two weeks after the shooting, they came to my house.
They gave me, uh...
Orange juice and a candy bar.
Then they showed me a photo of Colin Warner
and said that he was the one that shot Marvin Grant.
Then they said we had to go down to the precinct, but...
We never made it to the precinct.
The next thing I knew, i was being questioned
in front of a grand jury.
Do you remember what you testified to
in front of the grand jury?
I said what they told me to say.
What does that mean, exactly?
It means I said that Colin was the shooter.
That I saw him do it.
And, you know, i never seen Colin.
I-i don't know Colin.
And the way they was questioning me, like...
Like I was the shooter, like I did something wrong.
They told me what to say.
So that's what I said.
It's all in there, brethren.
There's no way anyone could look at this
and deny your innocence now.
We finally have everything we need.
Listen, we got to take a picture
for the press real quick.
For who?
I have a media strategy.
Yo, stop looking like you killed someone.
Hello. New York 1 news.
Yeah, I have some new information
about a murder case, and I would like
to speak to a reporter, please.
Thank you.
Uh, let me call you back.
Kings county.
Yes, this is Diane cardwell from the New York times.
Can you connect me to the Brooklyn d.A.'S office?
Ten seconds. Scene center? -Scene center, go.
Four, three, two, one.
Joining us now by phone from Clinton correctional facility
is Colin Warner.
Now, I understand you were arrested in 1980.
Once you're convicted, there's no longer
a presumption of innocence, if there ever was.
There's a presumption of guilt,
and the state will try to knock you down until you give up.
--So you have to have a strong foundation
to stand firm and fight.
I was arrested when I was 18 years old...
Brooklyn d.A.'S office.
- Yeah, Barry paged me.
Bob, uh, we've got an appeal
I want you to investigate.
Colin Warner?
You got to be kidding me.
He's on New York 1 right now.
I've been wrongfully incarcerated
for over 21 years now.
My life was taken from me unjustly,
and we're finally able to prove it.
Now, I understand you were denied parole.
They won't let me out unless I express remorse
for a crime that I did not commit.
And I'm not willing to do that.
So I remain in prison.
"In the spring of 1980,
"Leon Grant's brother was murdered in the flatbush
"section of Brooklyn. Years later,
"Grant now says he helped put an innocent man in jail.
"Mr. Warner's codefendant, Anthony Gibson,
"has also come forward with the startling admission
"that he acted alone.
The Brooklyn d.A.'S office is reviewing the case."
You had your blood pressure taken before, right?
-Yeah. -Yeah. Same thing.
Now, you know, if you lie to me,
your buddy's gonna stay in prison.
You understand?
Okay.
Were you with Clarence Lewis at the time of the shooting?
Yes.
Did you see the shooting take place?
No, we were, uh, several blocks away.
Let me ask this another way.
Is there any way that
Clarence Lewis could have witnessed the shooting?
Hello.
We've been called back to the court tomorrow.
I thought we were set for may.
We were.
The court is in session.
Please rise.
Counsel is present.
Go ahead, Mr. snyder.
Your honor, based on our findings,
the people join in application with the defense
to dismiss the indictment and vacate the conviction
- of Colin Warner.
Thank you.
After 21 years in prison
for a crime he did not commit,
Colin Warner will now be a free man.
There's some things we might not be able
to correct in life, but as far as leaving an innocent man
in jail, we can't let that stand.
This never should have happened.
If Colin Warner
had lived in Texas
or Florida or Louisiana,
he would have been executed long ago.
Congratulations, dread.
Just saw the news.
Peace be, brethren.
Sign here.
I knew it.
I love you so much.
Please don't let it be a cell.
- Daddy, wake up.
I'm not angry at nobody.
Everybody has a burden to bear.
This is my burden.
And, hopefully, i can become strong from this
and move on with my life.
It has been a long battle,
but I have finally won.
And I would like to tell
all those guys who are in prison,
who are claiming that they're innocent not to stop fighting.