Detroit Page #11

of the victims into the room,

...that he was

a National Guardsman?

So I presume

you know that because...

...he was wearing a uniform

of the National Guard.

Well, yes. I saw a guy in

uniform take him back there.

Did you see anybody else

go back into that room?

No.

Would you have been

able to see...

...if anybody else

went back into that room?

At the time, wasn't your head

turned back around...

...by the police officers...

...that were still

standing there with you?

Yes.

And so in one of the lineups,

...when you were asked to identify

the officers who beat you,

...who did you identify?

Do you see him

here today in court?

Him.

And him.

(ALL MURMURING)

You just identified

two of the defendants.

Why would you identify

only one of them...

...at the time of the lineup...

...if both of them took part

in beating you?

Which recollection

for the record...

...would you say

is the correct recollection?

I just said

I couldn't tell at first.

When I went down to the police

station, I was very nervous.

AUERBACH:

And so now, you are calm?

And you will not be changing

your story again then?

This is it? This is the one

you want us to work with?

Objection. Asked and answered.

JUDGE:
Overruled.

AUERBACH:
So you were led into

a room, and then what happened?

(LEE CLEARS THROAT)

He fired off a shot

by my head and told me...

...to keep my mouth shut

and lay still.

Or the next one for real.

And what did you do?

I lie still.

And were you mistreated

in any way after that?

Mistreated?

Have you ever been

arrested, sir?

Sure.

AUERBACH:
Ever spent

a night in jail?

LEE:
Yeah.

AUERBACH:
How many times

have you been arrested?

- LEE:
I don't know.

- How many nights and days have you spent...

...in prison for crimes

you've committed...

LEE:
I don't know, a few.

...or alleged

to have committed?

Criminal acts.

I don't know. A few.

ATTORNEY LANG:

Are you certain?

Yeah, you don't forget

a beating like that.

So you're certain

that these three men...

...beat you and the others?

Yes, I'm certain.

(ALL MURMURING)

Up until some army guy

pulled me in a room...

...and told me to lie still.

Then you heard him go out

and tell them I was dead.

ATTORNEY LANG:
And this is

what's being referred to...

...as the "death game?"

What did you see next?

I didn't see nothin' lying

face down on the floor,

...but I heard Aubrey yell,

"Don't shoot."

And he shot. I heard that.

(ALL MURMURING)

ATTORNEY LANG:

Your witness, council.

Now we've already

talked to your cohort about,

...friend, Lee,

about his criminal past.

Have you ever had trouble

with the law?

I'm not on trial here.

No need to introduce

a new crime, sir.

Just the ones already known.

Or maybe you can start

by telling us,

...how did the night begin?

Party? A few drinks?

Man, why? Why y'all talking

about me at all?

Man, y'all see

a black man in court...

...and assume

I'm the one on trial.

Man, they killed

my friends, man!

They beat us!

(ALL CLAMORING)

Lined us up and abused us and

y'all doing the same thing!

There's no justice here, man.

Go f*** yourself, man.

(ALL CLAMORING)

(JUDGE BANGING GAVEL)

- Man, no, get off of me!

- JUDGE:
Take him out.

MICHAEL:
This is bullshit!

What? What you lookin' at?

This is bullshit!

(ALL CONTINUE CLAMORING)

I think what is clear here,

Your Honor,

...is that these men were under

an intolerable situation.

They were under this duress,

which we say was inherent,

...and for that reason,

had no other choice.

All right.

All they had to do

was keep quiet.

If they kept quiet,

they wouldn't be here today.

But they made a statement,

...and that statement

should be admissible.

AUERBACH:
Not if they were

made under duress, Your Honor.

Not if the taking

of those statements...

...violates

constitutional rights.

These policemen

were owed an obligation.

Advising them that they had

a right to remain silent,

...they had a right to counsel,

...and that anything they said

could be used against them...

...in a court of law.

I don't think

these defendants,

...because

they're police officers,

...have any right to expect

anything more from us,

...but they have a right

under the Constitution...

...not to settle

for anything less.

I therefore rule

the statements inadmissible.

Wasn't that just

a load of bullshit.

Whew.

(CHUCKLING)

Wow, man.

That was...

You know as well I do,

...those kids shouldn't have been

killed like that.

Yeah. It's a shame.

Should've complied

with a lawful order...

...and relinquish their weapons.

But you're

a solid guy though.

Really.

(RETCHING)

(COUGHS)

(INDISTINCT CONVERSATIONS)

They know

what they're supposed to do.

Jury entering. All rise.

All rise.

JUDGE:
Has the jury reached

a verdict in this matter,

...with regard

to the charges of murder...

...in the first degree

and assault?

MALE HEAD JUROR:

We have, Your Honor.

On the assault,

...not guilty.

(ALL CLAMORING)

(SCATTERED APPLAUSE)

MALE HEAD JUROR:

As to the murder charges,

...not guilty.

(SCATTERED CHEERING)

What we have witnessed today is a

disappointment to the justice system,

...to the state of Michigan.

MALE REPORTER:
Excuse me,

would you like to comment?

This wouldn't have happened

if they had found black girls...

...in a hotel with white men.

No, sir. No way

would they do this...

...to white men.

That's the truth!

And I don't care

who knows it!

Thank you, ma'am. Mr. Pollard, how

do you feel about losing your son?

MA:
How do you think he feels?

How would you feel?

How would you feel?

It's a terrible pain.

- A pain that never goes away.

- AUBREY SR.:
Come on.

Thanks, man.

CONYERS:
Listen, sir,

will you conduct yourself...

...with a little bit of empathy?

We are here today to witness...

...the justice system

at work and we demand...

...that police criminality

be treated the exact same way...

...as any other form

of criminality.

MALE REPORTER:
Some people

would say it's wrong...

...to judge the police

for doing theirjobs.

CONYERS:
Nice try.

- You have my statement.

- WOMAN:
What a shame.

CONYERS:
Police criminality

needs to be treated...

...the same as any other

form of criminality.

(PEOPLE CHEERING)

(MUSIC PLAYING)

(SINGING) Some people

are made of plastic

You know some people

are made of wood

Some people

have hearts of stone

Some people are up

to no good Some people

But baby

I'm for real

I'm as real

as real can get

And if what you're looking

for is real lovin'

Then what you see

Is what you get

MORRIS:
We have

a contract, Larry.

We gotta snatch

this, brother.

Not like this.

Look, Motown

is a black-only company.

Oh, but you know what I mean.

Who listens to this music?

This ain't easy for me, man.

(SNIFFLES)

We all a long way from easy.

Well, then you do

what you need.

I'm gonna lay low.

Come on, man.

(SIREN BLARING IN DISTANCE)

(INDISTINCT CONVERSATION)

(SIGHS)

(SHIVERING)

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