Stray Bullet Page #4

come home for something he didn't do.

So it's been hard.

In this situation, in this situation,

you got to take that chance.

This is life, now.

Now, if he know he didn't do it,

why take 25, 40 whatever, they offer him 40 years.

[police radio chatter]

[David Kennedy] There is no way

that any amount of routine application

of policing criminal justice will stop what's going on.

The routine experience of people in the neighborhood

is that they're subjected

to a huge amount of law enforcement.

Man, feel my twists.

[David] And they're not safe.

You recording me?

[KnowledgeBorn] Man, the street life,

a thug cannot even learn how to spit, man.

And I'm sharp with the hands.

Even better with the hawk.

A vicious dude with a reckless bark.

Psychotic with the hammer, don't get caught in that spark.

Late night creeping, yeah, I be that shadow in the dark.

40 cal with something to silence the pop

and this thing's slick talking, dawg,

this is coming from the heart.

90 dog, understand what's up, and then you spar

with my boss, open your face with the hawk.

Or a slug in your chest, man, to silence your heart.

[Shermaine] You know, it's a sad situation,

but that stuff happen out here.

A kid should be able to go out and play.

But that's just, that's just not the reality

of what's going on in Paterson.

Cory is my first cousin. Her father was murdered.

My other first cousin, her father was murdered.

My son was murdered.

All in the same calendar year.

What's the chances of that?

That's almost like hitting the lottery of death.

I know too well what these parents are going through.

With their juveniles.

Because at 14, my son started.

[Shermaine] The younger kids, that's getting the guns.

They not aiming.

They see somebody they looking for in the crowd,

they shoot at the crowd.

Could hit five kids.

I went to the cops, I called them every day.

Every night they didn't come in, I got the same thing.

Until it gets in the system, we can't help you.

Maybe you want them to survive.

That way, so you can throw them in the prison system

and make money off of 'em.

[applause]

Maybe it's a business.

Maybe it's a business.

[woman] So at 18 he decided to go out and join a gang.

First charge, two sets of guns.

At 17.

Second charge, two sets of guns.

Third charge, attempted murder.

But he's in the system now, huh?

You guys talk about everything that's around

the buck and the dollar, but at the end of the day,

when they start shooting up your car, your house,

when heroin comes to your block,

you're gonna turn around and say,

"You know what, that guy with the dreads made a lot of sense."

-All right, Mom, bye. -Good luck.

Love you.

See ya.

[Janny] I wasn't gonna come.

Over here.

I wasn't gonna try to miss it, either.

Broke my belt.

All right.

[ominous theme playing]

[Judge] "Ladies and gentlemen,

"defendants have pleaded

"not guilty to the charges.

"The defendants are on trial, and they are presumed

"to be innocent, unless each and every essential element

"of the offenses are charged, offenses charged,

"are proven beyond a reasonable doubt

"as to each defendant;

"each defendant must be found not guilty

of that particular charge."

It's a summer evening.

Genesis Rincon is 12 years old.

Innocent, pure.

Society, our society, we failed that little girl.

Just couldn't stop them.

Genesis came upon, that moment in time,

when his enemy

and his enemy and his enemy appeared

in the figure of a white van.

Bam, bam, bam, bam, bam.

Bam.

Shot after shot was fired.

They're on trial here today.

And the state is going to prove to you,

beyond a reasonable doubt, that guilty on those counts

for murder should be entered against each

and every one of those.

We will have justice for the Rincon family.

Thank you.

[Judge] Thank you, Mr. DeGroot.

Mr. Breite.

[Harley] Ladies and gentlemen, we do not need to decide

whether this killing was terrible.

We know that it was.

And we know that it was tragic.

Your purpose is different.

It is to decide if the state has proved that my client

killed Genesis Rincon.

I am confident that when you hear the evidence,

you'll find that there is not just one reasonable doubt,

but there exists many, many reasonable doubts

throughout the state's entire case.

We don't know who killed Genesis Rincon,

and at the end of this trial, unfortunately,

you, too, will still not know who killed Genesis Rincon.

Thank you.

[Judge] Thank you, Mr. Breite.

[Judge] After swearing in

of the witness,

let's have...

[indistinct dialogue] [woman]

Raise your right hand, please.

You do solemnly swear that the testimony

about to be given

in this case will be the truth,

the whole truth, and nothing but the truth?

-Yes. -Please state

your name for the record.

-Keshawn Carter. -You may be seated.

[Paul] On July 5th, 2014, do you remember

-a significant event that day? -Yes.

-And what happened that day? -The shooting.

[Paul] In the area of 35 Grand Ave.,

in the city of Paterson,

have you identified various neighborhood gangs

-in that area? -Yes, we have two

neighborhood gangs that we identified within that area.

The first neighborhood gang that we've identified

is 230 Boys.

And the other group that we've identified

is a group called the So Icy Boys.

[Paul] I'd ask you to look toward the defense,

and do you see the person that you

identified as the shooter?

-Yes. -Can you indicate

what color shirt that person's wearing?

White shirt.

[Judge] Identifying the defendant.

[Nancy] Defendant Moore has been identified

by law enforcement sources as a member of So Icy

by his self proclamation, as well as his tattoo

that he has on his markings that say SIB,

meaning So Icy Boys.

[Paul] Now on July 5th, 2014,

what time did that family barbecue begin?

I'm not sure.

I mean, it was around 4.

[Paul] The police asked you if Jeffry Ellerbee

-was there that day, correct? -[Aalyiah] Yes.

[Paul] Originally, what did you first tell them?

[Aalyiah] I told them that he came around 8.

[Paul] Did you finally change your story?

[Aalyiah] Yes.

-[Paul] Good morning, Detective. -Good morning.

[Paul] Were you involved in the homicide investigation

-of Genesis Rincon? -Yes.

[Paul] In that investigation,

was there an application to search

-one of the phones? -Yes.

[Paul] Was that phone of Jeffry Ellerbee?

Correct.

Agent, based on your expertise,

can you conclude to a reasonable degree of certainty

whether that cellular number was in the area

of the homicide on July 5th, 2014,

at approximately 8:30 in the evening?

I can tell you that the usage of that phone

at that particular time is consistent with

the coverage area of that crime scene at that time.

[Paul] Were you able to establish where the phone was

at approximately 8:30 in the evening on August 5th, 2014?

-[Harley] Objection. -[Judge] Sustained.

[Paul] Who asked you to say that Jeff was with you

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