WEBVTT

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[dramatic music]

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[dark music]

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(911 Operator #1)
San Francisco 911, what\'s the location

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of your emergency?

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(Caller #1) Pier 14 next to
Embarcadero ferry building.

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(Caller #2)
There\'s a lady that collapsed.

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(Caller #3)
Somebody is down on the pier.

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We need medical and police
assistance immediately.

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(Caller #1)
There was a big explosion

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I\'m not really sure what happened

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but she\'s on the ground right now.

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There are people around
her, and she\'s limp,

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her body is limp.

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(Caller #4)
Someone just got shot here.

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(911 Operator #1)
You see the person with the gun?

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(Caller #4)
Yeah, the guy just ran away.

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(911 Operator #1)
What race was he?

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(Caller #4)
African-American person.

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(Police Officer)
We got one victim, it\'s a female,

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GSW to the back, it\'s
going to be a 31-year old.

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(911 Operator #2)
911.

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(Female Caller)
Yeah, I just got a phone call.

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My sister was hurt on Pier 14.

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(911 Operator #2)
Who did you get the information from?

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(Female Caller)
Well, my dad called us hysterical.

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(911 Operator #2)
And what is your sister\'s name?

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(Female Caller)
Katherine Steinle.

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- What\'s up, man?

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Hey, how are you?

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- I\'m fine.
- You\'re good?

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- Yes.

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- Okay, you speak English, right? You do?

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Is that a yes? I\'m sorry.

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- Yeah.

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- So, this is Officer Covarrubias.

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He speaks Spanish.

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- [speaks in Spanish]
- No.

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(Newscaster)
Now facing murder charges,

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undocumented immigrant Juan
Francisco Lopez Sanchez

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told a judge, he was not
guilty in the killing

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of 32-year old, Kate Steinle.

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Even with a Spanish translator,

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he didn\'t seem to understand
what was going on in court,

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and answered the judge\'s
questions about court dates

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with the same answer,
\"Not guilty\" in Spanish.

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[speaks in Spanish]

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- All children are
special in their own way,

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and Kate was special in the
way she connected with people.

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We called it the Kate effect.

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Kate was beautiful, kind, happy,

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caring, loving, deep in faith.

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Kate had a special soul,
a kind and giving heart,

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the most contagious laugh,

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and a smile that would light up a room.

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We were walking arm-in-arm on Pier 14

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in San Francisco, enjoying
a wonderful day together.

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Suddenly, a shot rang out, Kate fell,

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and looked at me and said, \"Help me, Dad.\"

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- The plan was, they were going
to come back to Pleasanton.

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My sister was gonna spend the
night, and the following day,

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we were planning on having
a gender revealing party

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for our baby girl.

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No father should hold their daughter

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while they take their last breath.

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(Man)
Did you shoot Kate Steinle,

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the lady who was down on Pier 14?

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- Yes.

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(Man)
You did shoot her?

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- Mm-hmm.

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(Man)
Why did you do that?

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- Kate Steinle, gunned
down in the sanctuary city

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of San Francisco by an illegal immigrant,

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deported five previous times,

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and they knew he was no good.
[audience applauding]

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[audience chanting]
Build that wall, build that wall,

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[audience chanting]
build that wall, build that wall,

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[audience chanting]
build that wall, build that wall...

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- Thank you, sir.

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[people chattering]

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(Reporter #1)
What\'s the goal?

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- Well, we\'re trying to tell
Mr. García Zaraté\'s story,

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and we\'re hoping to be
able to do it effectively.

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(Reporter #2)
What is his story?

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- Well, as you know, I
think, from the very outset,

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I said that this very well
could be an accidental shooting.

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- Today is about the Steinle family,

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and the incredible resolve they\'ve shown

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through the entire process.

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And we\'re going to do
everything we can to bring

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this family justice.

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(Reporter #3)
Do you agree he bears some responsibility

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even if you argue that it was accidental?

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- No, you don\'t bear
responsibility in terms of

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the criminal law as a criminal sanction,

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whether or not he\'s committed a crime.

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If he didn\'t know that the
object he touched had a gun

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in it, then he does not bear
criminal responsibility.

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- There\'s gonna be a baseline
question that the jury

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is going to answer, and that question is

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whether the defendant
intended to fire that gun.

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- The trial is starting.

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I mean, we\'re giving them
our version of events.

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I\'m looking forward to
hearing what the prosecutor

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says about the same evidence.

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- So, the charge is murder,
and in this particular context,

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it\'s in the second degree.

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- All right, thanks.

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As somebody that grew up
on the Mexico-Texas border,

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I see someone like García
Zaraté, and I see a guy

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that\'s coming to try to improve his life.

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I mean, he\'s trying to come to get work,

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offering his labor for an
embarrassingly low price.

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We very much like illegal immigration

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when we need the crops to be picked,

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we need someone to cook
our food at the restaurant,

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when we need someone to
take care of our kids.

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But in the off season,

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we are happy to push those individuals

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into our prison system for being

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here without documentation.

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So, it\'s a real
schizophrenia in our country,

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and I think we\'re trying to
grapple with it right now.

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- I know, and we\'re not
letting people in yet, okay?

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- (Woman)
Oh, I\'m sorry.

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- But these people, who are these people?

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- You have to push the
system as hard as you can

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to ensure people are fairly treated.

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I saw this case as vital to our fight

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for fundamental dignity in
human rights and social justice.

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- Why? Why did you shoot the gun?

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- Why that girl?

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- I don\'t no remember.

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- What did she do to you?

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- You do remember! You do remember.

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- I see three pictures,
the same in the paper

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- (shouting) WHY DID YOU SHOOT THAT GIRL?

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- I don\'t no remember.

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- You don\'t remember?
- You\'re a liar.

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- Because the whole day-

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- No, you were not sleeping.

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You were on the pier, 10
feet away from that girl,

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when she\'s walking with family,

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and you put a bullet through her back.

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(Newscaster)
It was a random encounter,

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but the details have sparked
a political firestorm

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because Lopez Sanchez was
an undocumented immigrant,

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allowed out of jail just three months ago,

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even after his record
showed several felony

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convictions and five
deportations to Mexico.

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As a so-called sanctuary
city, San Francisco said,

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\"It was following its
own policy that prevents

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it from holding non-violent
offenders for immigration

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and customs enforcement,
unless it has a court order.\"

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- The essence of a sanctuary
policy is that a city

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or locality will not elect
to use its own tax dollars

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to support federal
immigration enforcement.

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In San Francisco, we have 40%
of our city as foreign born.

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We\'ve always had many undocumented people

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in our community that
are critical components

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of our community.

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And sanctuary policy is this
policy of non-engagement,

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is a product of recognition of who we are,

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it\'s recognizing the
humanity of who we are.

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We don\'t want mothers
not going to the hospital

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for fear of deportation.

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And we don\'t want victims
of crimes to be afraid

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of reporting to the police,

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that\'s what a sanctuary policy is.

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Mr. García Zaraté, prior
to coming to San Francisco,

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was in the arms of the federal government.

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He had just spent six
years in federal prison

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for illegal re-entry.
Illegal reentry is a crime.

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It\'s the act of walking across the border.

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- This individual who
is set to be deported

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in a different city was
brought back on a 20-year-old

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marijuana possession charge,

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which no law enforcement
person in the city

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of San Francisco right
now would prosecute.

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- We cannot allow one
event to dictate 25 years,

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25 years of our city\'s policies

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towards undocumented
immigrants in our city.

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[people applauding]

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- It\'s remarkable that
this case somehow became

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about sanctuary city \'cause
this case has nothing

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to do with sanctuary city.

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What we found out about
the case is that it didn\'t

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fit this narrative.

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[camera shutter clicks]

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- It was a day like
today, sunny, inviting.

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I was walking on the pier,

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and I walked to the end of the pier,

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took some pictures of some
fishermen and walked back.

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And I noticed a man on the pier.

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He had a blanket over his shoulders.

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He seemed a little bit lost,

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and I was drawn to that
because I thought he needed

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some help and maybe some attention.

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So, I asked him if I could
take pictures of him.

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What is in the pictures
is someone who was poor,

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who needed help, to connect with,

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because he was a human being.

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- When I see an event that
might tell us something

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about this time, and if I can
make it there, I try to go.

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So, I was there when the trial began.

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I don\'t think I\'ve ever
been in a courtroom

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with that high stakes,

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where so much national
attention was focused on it.

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[dramatic music]

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- The story that I felt
was told by the prosecution

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was that Mr. García Zaraté
either stole this gun or got

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it from somebody who did,
walked out to the pier

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that day and then pointed
the gun in the direction

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of Ms. Steinle, and fired intentionally,

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wanting to kill her or
wanting to kill someone.

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[people chattering]

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(Dave Eggers)
Diana Garcia, the prosecutor,

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gets up and she gives
her summary of the case.

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She created what seemed
like an airtight narrative,

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where of course, he was
scoping this pier out,

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trying to pick a target at random,

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but he had evil on his mind,

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and he saw Kate Steinle
and thought, she\'s the one.

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And between photos that
you saw and the video

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and everything else,
it really seemed like,

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well my God, there\'s no
way to escape that verdict.

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- There were a lot of
conclusory statements

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that she made that are simply not true.

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And I will lay it out. It\'s gonna be...

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You\'re gonna hear the
defense case this afternoon,

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and we will address every point from them,

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so keep an open mind.

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- The facts that she relied
upon particularly at the end,

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you know, just didn\'t add up.

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They have to prove that he
intended to kill somebody.

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- If he does not know
the nature of the object,

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when you start saying,
well, did he act reasonably?

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Is there a standard of
care that you would expect?

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I think, the takeaway is,

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you can\'t blame him for
something that\'s a pure accident.

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- How did you get the gun?

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[speaks in Spanish]

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- [translating] When I got there.

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[speaks in Spanish]

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- The gun was on the pier?

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[speaks in Spanish]

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- [translating] Yes.

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- There were a few times,

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when the defendant answers questions

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for the cops, repeatedly.

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They don\'t believe the answer, and they,

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I won\'t say trick him,

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but they\'re able to get
him to answer differently.

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- You didn\'t step on the gun, did you?

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[speaks in Spanish]

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- [translating] Yes.

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- You pulled the trigger, correct?

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[speaks in Spanish]

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Just once.

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[speaks in Spanish]

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Yeah.

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[speaks in Spanish]

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- [translating] Yes.
- So you pulled the trigger just once.

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[speaks in Spanish]

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You were sitting down.

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[speaks in Spanish]

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Correct?

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- [speaks in Spanish]
- Mmm-hmm.

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And the girl was five feet away from you.

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[speaks in Spanish]

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About where Tony is.

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[speaks in Spanish]

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- And later they circle back,

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we don\'t believe you
got the gun on the pier.

00:14:31.740 --> 00:14:33.564
- I believe he found it.

00:14:33.564 --> 00:14:35.270
[speaks in Spanish]

00:14:35.270 --> 00:14:37.963
But I don\'t believe you
found it on the dock.

00:14:37.963 --> 00:14:39.988
[speaks in Spanish]

00:14:40.840 --> 00:14:41.673
- Is that correct?

00:14:41.673 --> 00:14:42.506
[speaks in Spanish]

00:14:44.906 --> 00:14:46.258
- Mmm-hmm
- (translating) Yes.

00:14:46.258 --> 00:14:48.400
- So you got it somewhere other
than the pier, didn\'t you?

00:14:48.400 --> 00:14:50.584
Yes. Where\'d you get it?

00:14:50.584 --> 00:14:52.917
Right there, right there at the scene.

00:14:52.917 --> 00:14:54.498
- Where did he find the gun?

00:14:54.498 --> 00:14:59.140
[speaks in Spanish]

00:14:59.140 --> 00:15:00.513
- [translating] That\'s
where I was sitting down.

00:15:00.513 --> 00:15:02.680
[speaks in Spanish]
- [translating] That\'s where I found it.

00:15:02.680 --> 00:15:05.430
- It\'s just so apparent

00:15:05.430 --> 00:15:08.270
that the guy comes back to his story.

00:15:08.270 --> 00:15:11.650
- I think it\'s a really nice
setup for you to come in now.

00:15:11.650 --> 00:15:16.650
- Gonzalez got up and
started very haltingly.

00:15:16.830 --> 00:15:19.610
He got off to a shaky
start, and I thought,

00:15:19.610 --> 00:15:21.683
okay, well, this is over.

00:15:22.690 --> 00:15:26.230
But then he got going, in a
way that he\'s soft-spoken,

00:15:26.230 --> 00:15:29.800
in a way is not at all domineering,

00:15:29.800 --> 00:15:32.990
but you could hear him just
enough to hear him very calmly,

00:15:32.990 --> 00:15:35.580
break it down bit by bit,

00:15:35.580 --> 00:15:38.180
and why every piece of evidence presented

00:15:38.180 --> 00:15:41.010
by Garcia was flawed.

00:15:41.010 --> 00:15:45.800
And then of course,
culminating in the ricochet.

00:15:45.800 --> 00:15:47.360
(Newscaster)
It was the medical examiner\'s

00:15:47.360 --> 00:15:49.480
autopsy report that found that the bullet

00:15:49.480 --> 00:15:52.380
must have ricocheted.
The bullet was deformed,

00:15:52.380 --> 00:15:55.900
and Steinle\'s gunshot wound was abnormal.

00:15:55.900 --> 00:15:58.350
The ricochet marks on
the pavement were not

00:15:58.350 --> 00:16:00.500
where they suspected near her body.

00:16:00.500 --> 00:16:04.290
- When we found out this was a ricochet,

00:16:04.290 --> 00:16:07.220
it was a remarkable turning point,

00:16:07.220 --> 00:16:10.494
and a very moving experience
\'cause we knew at that moment

00:16:10.494 --> 00:16:11.977
that our client was innocent.

00:16:18.830 --> 00:16:21.293
- This is the chair
that he was sitting in.

00:16:23.810 --> 00:16:27.080
So what we think happened
and what our client told

00:16:27.080 --> 00:16:30.060
the police consistently in
the police interrogation

00:16:30.060 --> 00:16:35.060
is that he felt a bundle on
the ground with his foot.

00:16:36.010 --> 00:16:39.470
And when he reached
down to investigate it,

00:16:39.470 --> 00:16:42.981
the gun went off and he
immediately just threw

00:16:42.981 --> 00:16:46.553
it and got up and walked away.

00:16:46.553 --> 00:16:50.010
There\'s video of the pier from that day

00:16:50.010 --> 00:16:52.490
that captures the incident.

00:16:52.490 --> 00:16:56.008
And the video is from

00:16:56.008 --> 00:16:58.522
that pier over there,

00:16:58.522 --> 00:17:02.100
where you see the San
Francisco Fire Department boat,

00:17:02.100 --> 00:17:04.737
they have a camera
mounted on the firehouse

00:17:04.737 --> 00:17:06.140
pointed this way.

00:17:06.140 --> 00:17:10.520
And it\'s a little over 1,000
feet from here, I believe.

00:17:10.520 --> 00:17:14.390
Our client was seated
in this seat right here,

00:17:14.390 --> 00:17:18.580
which is 13.9 feet from the ricochet,

00:17:18.580 --> 00:17:22.690
and Kate Steinle was standing
at the railing down there,

00:17:22.690 --> 00:17:25.173
78 feet from the ricochet.

00:17:26.290 --> 00:17:28.707
[soft music]

00:17:37.450 --> 00:17:40.880
This is the approximate
location Kate Steinle was

00:17:40.880 --> 00:17:44.830
standing with her father
and their family friend

00:17:44.830 --> 00:17:48.220
when she was struck in
the back with a bullet.

00:18:25.870 --> 00:18:28.495
(Juror)
You first hear a gun\'s fired,

00:18:28.495 --> 00:18:30.445
it kills Miss Steinle,

00:18:30.445 --> 00:18:34.143
and you learn that there\'s a ricochet.

00:18:35.900 --> 00:18:38.010
It kind of begs the question.

00:18:38.010 --> 00:18:39.870
Did he mean to fire the gun, right?

00:18:39.870 --> 00:18:41.140
I mean, if you\'re trying to kill somebody,

00:18:41.140 --> 00:18:44.590
you usually aim at them
rather than 12 feet in front

00:18:44.590 --> 00:18:46.100
of you at the ground.

00:18:46.100 --> 00:18:50.230
- Mr. García Zaraté is seated
when the gun discharges.

00:18:50.230 --> 00:18:53.000
You know, that\'s a fact that
hasn\'t really come up a lot.

00:18:53.000 --> 00:18:54.730
I mean, if you shoot a gun,

00:18:54.730 --> 00:18:57.810
you\'re usually not sitting
down, you stand up.

00:18:57.810 --> 00:19:01.350
So, the prosecutor is trying
to concoct some theory

00:19:01.350 --> 00:19:05.260
that he was aiming a skip shot.

00:19:05.260 --> 00:19:08.380
- When she talked about the
skip shot, did you expect that?

00:19:08.380 --> 00:19:10.843
Has she said that before
that it\'s basically

00:19:10.843 --> 00:19:13.630
an intentional skip shot.

00:19:13.630 --> 00:19:16.200
In other words, if I\'m
trying to shoot you,

00:19:16.200 --> 00:19:18.760
I\'m gonna shoot the ground because I know

00:19:18.760 --> 00:19:20.450
that it\'s gonna skip shot.

00:19:20.450 --> 00:19:24.610
- Well, the skip shot theory
has one main challenge for us,

00:19:24.610 --> 00:19:29.610
which is there are three
points and only one of them

00:19:29.810 --> 00:19:32.154
is fixed, which is the one in the middle,

00:19:32.154 --> 00:19:35.070
where the muzzle of the gun was,

00:19:35.070 --> 00:19:37.600
and where Kate Steinle
was when she was hit,

00:19:37.600 --> 00:19:39.340
both can shift.

00:19:39.340 --> 00:19:41.300
And because of that, you can\'t make

00:19:41.300 --> 00:19:43.230
accurate trajectory analysis.

00:19:43.230 --> 00:19:46.490
So, you know, can you conceivably come up

00:19:46.490 --> 00:19:49.380
with a theory that it is a straight line,

00:19:49.380 --> 00:19:54.380
you could, except the
very nature of striking

00:19:54.640 --> 00:19:57.250
the concrete is gonna cause it to move.

00:19:57.250 --> 00:19:58.550
- We went out to the pier,

00:19:59.600 --> 00:20:01.340
and shot some video to take a look

00:20:01.340 --> 00:20:06.233
at where these objects
really were in space.

00:20:07.370 --> 00:20:09.303
We took a drone, we sent it up.

00:20:10.140 --> 00:20:12.660
This is a person sitting in the chair

00:20:13.830 --> 00:20:15.620
that the defendant was sitting in.

00:20:15.620 --> 00:20:20.620
This is a point where there
was a divot in the ground.

00:20:22.800 --> 00:20:24.270
We marked that with a roll of tape,

00:20:24.270 --> 00:20:26.760
so we\'d be able to see it from higher up.

00:20:26.760 --> 00:20:27.780
And when you look at the video,

00:20:27.780 --> 00:20:32.780
in terms of where it\'s cropped
from the DA\'s perspective.

00:20:32.920 --> 00:20:35.233
The area of focus is the chair,

00:20:36.620 --> 00:20:40.720
and roughly where the victim was standing

00:20:40.720 --> 00:20:41.833
along with her father.

00:20:44.930 --> 00:20:48.190
And I changed this to 12
feet on the newer version.

00:20:48.190 --> 00:20:53.190
- I think the problem
here is your bar here

00:20:53.740 --> 00:20:56.683
is to the left, it\'s not
really to the center.

00:20:59.230 --> 00:21:03.380
And if the seated person
has a gun in a right hand,

00:21:03.380 --> 00:21:06.010
it\'s gonna create more of a straight line.

00:21:06.010 --> 00:21:08.860
This could be a perfectly straight line,

00:21:08.860 --> 00:21:12.470
and it wouldn\'t mean that
he did it on purpose.

00:21:12.470 --> 00:21:16.550
And, but the one thing
that we know for certain

00:21:16.550 --> 00:21:19.820
is that the bullet
struck the ground first,

00:21:19.820 --> 00:21:22.650
which is why we believe it\'s consistent

00:21:22.650 --> 00:21:25.470
with there being some
movement of the bullet

00:21:25.470 --> 00:21:27.340
once it hits the ground.

00:21:27.340 --> 00:21:29.087
Nobody would imagine that the ricochet

00:21:29.087 --> 00:21:32.160
would be 80 feet away, you know,

00:21:32.160 --> 00:21:34.593
because it\'s such a freak accident.

00:21:35.820 --> 00:21:36.810
All right, let\'s keep going.

00:21:36.810 --> 00:21:38.610
Let\'s make some progress, it\'s late.

00:21:39.930 --> 00:21:44.600
- I have never seen a case
like this be considered murder.

00:21:44.600 --> 00:21:47.750
You can accidentally shoot
somebody, that happened here.

00:21:47.750 --> 00:21:51.040
But I mean, if you were trying
to actually shoot somebody,

00:21:51.040 --> 00:21:53.570
ricocheting a bullet off the
ground is not the way to do it.

00:21:53.570 --> 00:21:56.100
- So far, about 400,000 of you have signed

00:21:56.100 --> 00:21:58.640
a petition posted on www.billoreilly.com,

00:21:58.640 --> 00:22:01.160
that we will deliver to
the Senate and the House,

00:22:01.160 --> 00:22:03.990
asking for Congress to pass Kate\'s Law.

00:22:03.990 --> 00:22:08.870
That proposed law would mandate,
mandate that any illegal

00:22:08.870 --> 00:22:11.880
alien convicted of a felony
in the USA who comes back

00:22:11.880 --> 00:22:14.190
to this country after being deported,

00:22:14.190 --> 00:22:16.800
would serve a mandatory
five years in federal

00:22:16.800 --> 00:22:18.310
prison upon apprehension.

00:22:18.310 --> 00:22:20.160
So, I\'m talking to you over the weekend,

00:22:20.160 --> 00:22:22.390
Mr. Steinle, and you
indicated that you do support

00:22:22.390 --> 00:22:24.706
Kate\'s Law, why?

00:22:24.706 --> 00:22:29.071
- Well, I support Kate\'s
Law because it would be

00:22:29.071 --> 00:22:30.850
a legacy in her name,

00:22:30.850 --> 00:22:35.634
and her death would not go unnoticed.

00:22:35.634 --> 00:22:37.550
- We\'re doing it for her,
we\'re doing it for you,

00:22:37.550 --> 00:22:39.083
and we\'re doing it for all Americans.

00:22:40.906 --> 00:22:43.656
[dramatic music]

00:22:44.750 --> 00:22:47.500
(Donald Trump)
The US has become a dumping ground

00:22:50.450 --> 00:22:53.020
for everybody else\'s problems.

00:22:53.020 --> 00:22:55.750
And these aren\'t the best and the finest.

00:22:55.750 --> 00:22:58.060
When Mexico sends its people,

00:22:58.060 --> 00:23:00.270
they\'re not sending their best,

00:23:00.270 --> 00:23:04.050
they\'re sending people
that have lots of problems,

00:23:04.050 --> 00:23:06.250
and they\'re bringing
those problems with us.

00:23:07.680 --> 00:23:12.040
They\'re bringing drugs, they
bringing crime, they\'re rapists,

00:23:12.040 --> 00:23:14.730
and some, I assume, are good people.

00:23:14.730 --> 00:23:17.860
- I\'m always assuming that
there are layers and layers

00:23:17.860 --> 00:23:20.130
to the narrative that comes to be accepted

00:23:20.130 --> 00:23:21.350
in the public consciousness.

00:23:21.350 --> 00:23:25.180
And I remember very quickly just hearing

00:23:25.180 --> 00:23:28.810
from everybody that there
was this horrible man,

00:23:28.810 --> 00:23:32.320
this guy who had been
deported multiple times,

00:23:32.320 --> 00:23:36.520
he was this violent
homeless man who decided

00:23:36.520 --> 00:23:39.070
out of sheer evil to pick up a gun

00:23:39.070 --> 00:23:40.780
and shoot an innocent woman.

00:23:40.780 --> 00:23:44.720
- Where was the sanctuary
for Kate Steinle?

00:23:44.720 --> 00:23:46.700
- That was the prevailing narrative.

00:23:46.700 --> 00:23:51.260
And then when it became
politicized by Trump, if anything,

00:23:51.260 --> 00:23:55.130
I think that causes a lot
of people to look closer.

00:23:55.130 --> 00:23:57.600
I think, well, if he\'s using it,

00:23:57.600 --> 00:24:01.060
because so much of what he says is untrue,

00:24:01.060 --> 00:24:05.140
maybe there are subtleties to
this that have been untold.

00:24:05.140 --> 00:24:07.990
(Reporter)
You were deported many times,

00:24:07.990 --> 00:24:11.661
but kept returning back
to the United States.

00:24:11.661 --> 00:24:12.494
- Mm-hmm.

00:24:14.250 --> 00:24:16.949
- You\'ve been in jail before,

00:24:16.949 --> 00:24:20.436
why did you keep coming back to the US?

00:24:22.596 --> 00:24:27.421
- Because I\'m looking for
the job in the restaurant,

00:24:27.421 --> 00:24:30.721
or roofing, landscaping,

00:24:30.721 --> 00:24:33.637
or construction,

00:24:33.637 --> 00:24:36.050
for somebody that was over here.

00:24:36.050 --> 00:24:37.826
- So you were looking for work?
- Yeah.

00:24:37.826 --> 00:24:39.680
- Looking for a job?
- Yeah.

00:24:39.680 --> 00:24:40.513
- Okay.

00:24:42.483 --> 00:24:43.957
[sighs]

00:24:43.957 --> 00:24:46.140
- Welcome to the broadcast.

00:24:46.140 --> 00:24:48.380
We\'re joined now by
former mayoral candidate,

00:24:48.380 --> 00:24:50.370
Green Party candidate, former supervisor

00:24:50.370 --> 00:24:52.290
and attorney, Matt Gonzalez.

00:24:52.290 --> 00:24:55.810
How are you doing now in terms
of the political passion?

00:24:55.810 --> 00:24:57.540
Your political passions that made you run,

00:24:57.540 --> 00:24:59.100
and what do you do with them now?

00:24:59.100 --> 00:25:02.857
- Well, I don\'t think
that political activity

00:25:02.857 --> 00:25:05.856
is limited to electoral politics.

00:25:05.856 --> 00:25:09.106
And so, I\'m still engaged
in trying to effect ideas.

00:25:09.106 --> 00:25:10.906
(Newscaster)
Ralph Nader has picked the former

00:25:10.906 --> 00:25:13.200
San Francisco supervisor
to be his running mate.

00:25:13.200 --> 00:25:16.330
- It\'s not lost on me that
I\'m not a familiar face

00:25:16.330 --> 00:25:18.600
to the Washington press corps,

00:25:18.600 --> 00:25:22.240
so I\'m going to say a few
words about myself. I was born

00:25:22.240 --> 00:25:25.649
in McAllen, Texas, which is
in the Southern part of Texas.

00:25:25.649 --> 00:25:28.560
I served a decade as a public defender

00:25:28.560 --> 00:25:31.730
in San Francisco, and I have to say

00:25:31.730 --> 00:25:34.600
that it is an experience
that very much has

00:25:34.600 --> 00:25:36.600
informed my politics.

00:25:36.600 --> 00:25:40.130
And I have seen firsthand
over and over again,

00:25:40.130 --> 00:25:43.760
the realities and the result of the income

00:25:43.760 --> 00:25:46.157
inequalities that we have in our society.

00:25:46.157 --> 00:25:49.440
[audience clapping]

00:25:49.440 --> 00:25:51.830
We have a democracy that\'s in crisis.

00:25:51.830 --> 00:25:54.950
We have less people
turning out to the polls.

00:25:54.950 --> 00:25:59.600
We have wealth being held
by fewer and fewer people.

00:25:59.600 --> 00:26:02.250
We have over 2 million people in jails

00:26:02.250 --> 00:26:03.390
in the United States.

00:26:03.390 --> 00:26:06.398
- (Interviewer)
You pulled off one of the closest races

00:26:06.398 --> 00:26:08.801
with a huge disadvantage in many ways.

00:26:08.801 --> 00:26:11.510
- (Matt)
What I\'m proud of is having run a campaign

00:26:11.510 --> 00:26:16.510
that was unapologetic
about progressive ideas.

00:26:17.040 --> 00:26:19.690
And I think that that\'s
something to be proud of.

00:26:19.690 --> 00:26:22.140
I mean, we went out there
and we argued for things

00:26:22.140 --> 00:26:23.530
and if people didn\'t
like them, that\'s fine,

00:26:23.530 --> 00:26:26.070
vote against us, but there
wasn\'t any trickery involved.

00:26:26.070 --> 00:26:28.419
- (Interviewer)
As a Republican, I have total dismay

00:26:28.419 --> 00:26:31.536
at how successful you can be
through the courts, quietly.

00:26:31.536 --> 00:26:34.147
- Don\'t underestimate Matt Gonzalez.

00:26:35.225 --> 00:26:38.225
[people chattering]

00:26:41.900 --> 00:26:45.300
(Jeff) Matt Gonzalez is
thrilled to be defending a piece

00:26:45.300 --> 00:26:47.830
of human filth like this cockroach.

00:26:47.830 --> 00:26:50.330
Yes, outside of San Francisco,
he\'s considered a cockroach,

00:26:50.330 --> 00:26:52.543
a sub-human waste of DNA.

00:26:54.316 --> 00:26:55.910
- Yeah, that\'s just a little sample.

00:26:55.910 --> 00:26:57.010
Usually, I just delete them,

00:26:57.010 --> 00:26:59.127
but we\'re getting lots of fan mail.

00:26:59.127 --> 00:27:02.160
- I met with all the
chief public defenders

00:27:02.160 --> 00:27:04.650
around the state over the weekend.

00:27:04.650 --> 00:27:07.280
And they were telling me that they\'re all

00:27:07.280 --> 00:27:08.550
watching this case.

00:27:08.550 --> 00:27:09.487
- Really?

00:27:09.487 --> 00:27:10.430
- And, you know,

00:27:10.430 --> 00:27:15.430
so are the people in
government and their leaders,

00:27:15.432 --> 00:27:18.564
because finding out about
what really happened here,

00:27:18.564 --> 00:27:23.544
they think, is gonna have
an effect on how their

00:27:25.955 --> 00:27:28.697
county government sorta
treats sanctuary cities.

00:27:28.697 --> 00:27:30.440
\'Cause at some places, you know,

00:27:30.440 --> 00:27:32.882
they\'re talking about
revoking it or changing it.

00:27:32.882 --> 00:27:33.715
- Yeah.

00:27:33.715 --> 00:27:38.283
- It is a case that\'s gonna
have this reverberating effect.

00:27:38.283 --> 00:27:39.116
- Yeah.

00:27:39.116 --> 00:27:43.690
- And so far as our client,
Mr. Zaraté, is concerned,

00:27:43.690 --> 00:27:44.790
I mean, you know,

00:27:44.790 --> 00:27:47.873
our obligation is ensuring
that he\'ll get a fair trial.

00:27:49.800 --> 00:27:51.943
That\'s gonna be the challenge here.

00:27:51.943 --> 00:27:56.240
- I have absolutely no support

00:27:56.240 --> 00:27:58.131
for a city that ignores

00:27:58.131 --> 00:28:02.580
the strong evidence
that should be acted on.

00:28:02.580 --> 00:28:04.750
- Immigration is like a cheap drug.

00:28:04.750 --> 00:28:07.010
You get a big bang, a real quick high,

00:28:07.010 --> 00:28:08.561
and a very long hangover.

00:28:08.561 --> 00:28:09.394
- Well, it\'s not a quick high,

00:28:09.394 --> 00:28:10.597
when people are being
murdered in San Francisco.

00:28:10.597 --> 00:28:12.010
And if it\'s not a quick high,

00:28:12.010 --> 00:28:14.114
when people were escaping the prisons

00:28:14.114 --> 00:28:14.952
in Mexico-

00:28:14.952 --> 00:28:15.914
- It is the cheapest shot of all-

00:28:15.914 --> 00:28:17.262
- and selling heroin and
cocaine to our children -

00:28:17.262 --> 00:28:19.450
- To exploit the misery of that family-

00:28:19.450 --> 00:28:20.283
- It\'s not exploiting it.

00:28:20.283 --> 00:28:21.544
- It is exactly-

00:28:21.544 --> 00:28:22.784
- You\'re exploiting it by downplaying it.

00:28:22.784 --> 00:28:23.928
- It\'s nothing to do with immigration.

00:28:23.928 --> 00:28:26.340
- We\'re talking about illegal immigration.

00:28:26.340 --> 00:28:27.770
We\'re talking about crime.

00:28:27.770 --> 00:28:30.050
You saw what happened the
other day with the young lady

00:28:30.050 --> 00:28:32.270
in San Francisco, it\'s a disgrace.

00:28:32.270 --> 00:28:33.580
- (Newscaster)
The killing of 32-year old

00:28:33.580 --> 00:28:35.893
Kate Steinle, who was shot
in the back while walking

00:28:35.893 --> 00:28:39.300
with her father in San Francisco
was one of the centerpieces

00:28:39.300 --> 00:28:41.890
of Donald Trump\'s presidential campaign.

00:28:41.890 --> 00:28:44.570
The rallying cry for
building a wall and taking

00:28:44.570 --> 00:28:48.400
a tough stance on illegal
immigration and sanctuary cities.

00:28:48.400 --> 00:28:51.416
(Brad Steinle)
Donald Trump talks about Kate Steinle

00:28:51.416 --> 00:28:52.749
like he knows her.

00:28:52.749 --> 00:28:57.130
I\'ve never heard a word
from his campaign manager,

00:28:57.130 --> 00:28:59.950
never heard a word from him.

00:28:59.950 --> 00:29:04.120
It\'s disconcerting, and you know,

00:29:04.120 --> 00:29:06.480
I don\'t wanna be affiliated with somebody

00:29:06.480 --> 00:29:10.224
that can\'t have, doesn\'t have
a common courtesy to reach out

00:29:10.224 --> 00:29:13.320
and ask about Kate and
ask about our political

00:29:13.320 --> 00:29:14.894
views and what we want.

00:29:14.894 --> 00:29:19.853
The platform that he\'s setting

00:29:19.853 --> 00:29:23.620
isn\'t exactly what our family believes in.

00:29:23.620 --> 00:29:25.670
(Jim Steinle)
Unfortunately, due to disjointed laws

00:29:25.670 --> 00:29:27.833
and basic incompetence on many levels,

00:29:29.090 --> 00:29:32.520
the US has suffered a self-inflicted wound

00:29:32.520 --> 00:29:35.870
in the murder of our daughter
by the hand of a person

00:29:35.870 --> 00:29:39.570
that should have never been on
the streets of this country.

00:29:39.570 --> 00:29:42.270
I say this because the alleged murderer

00:29:42.270 --> 00:29:45.990
is an undocumented immigrant
who has been convicted

00:29:47.480 --> 00:29:49.680
of seven felonies in the US,

00:29:49.680 --> 00:29:52.230
and already deported five times.

00:29:52.230 --> 00:29:54.000
Yet, in March of this year,

00:29:54.000 --> 00:29:57.090
he was released from jail
and allowed to stay here

00:29:57.090 --> 00:29:59.993
freely because of those legal loopholes.

00:30:01.040 --> 00:30:04.960
Our family realize the
complexity of immigration laws,

00:30:04.960 --> 00:30:07.390
however, we feel strongly
that some legislation should

00:30:07.390 --> 00:30:11.800
be discussed, enacted, or changed to take

00:30:11.800 --> 00:30:13.720
these undocumented immigrant felons

00:30:13.720 --> 00:30:15.053
off our streets for good.

00:30:16.240 --> 00:30:19.490
We\'d be proud to see Kate\'s
name associated with some

00:30:19.490 --> 00:30:21.640
of this new legislation.

00:30:21.640 --> 00:30:26.400
We feel if Kate\'s Law saves
one daughter, one son,

00:30:26.400 --> 00:30:30.863
a mother, a father, Kate\'s
death won\'t be in vain.

00:30:32.418 --> 00:30:35.280
(Francisco)
This is this morning, CNN.

00:30:35.280 --> 00:30:37.357
It\'s like, they just don\'t get it.

00:30:37.357 --> 00:30:41.520
First minute and a half
is about sanctuary cities,

00:30:41.520 --> 00:30:43.780
about illegal immigration.

00:30:43.780 --> 00:30:47.600
- And you wouldn\'t expect
this from CNN, maybe Fox News.

00:30:47.600 --> 00:30:49.600
(Reporter) Zaraté, who was
homeless, and said he found

00:30:49.600 --> 00:30:50.433
the gun wrapped in a t-shirt-

00:30:50.433 --> 00:30:52.420
- It\'s unbelievable. It as if...

00:30:52.420 --> 00:30:54.170
- [Reporter] But claims
it was an accident.

00:30:54.170 --> 00:30:55.017
- The evidence...

00:30:55.017 --> 00:30:56.225
- [Reporter] Defense experts claiming,

00:30:56.225 --> 00:30:57.695
the bullet ricocheted on the ground.

00:30:57.695 --> 00:31:01.380
- Defense experts claiming
it was a ricochet.

00:31:01.380 --> 00:31:04.080
There\'s no, the prosecution brings it out

00:31:04.080 --> 00:31:06.702
then it\'s a ricochet.
- Yeah.

00:31:06.702 --> 00:31:09.759
Well, it\'s interesting
because they seem to cover

00:31:09.759 --> 00:31:13.210
the breadth of the case, but the narrative

00:31:13.210 --> 00:31:17.020
is that this is a trial over
sanctuary cities, right?

00:31:17.020 --> 00:31:18.719
- That\'s what the narrative is.

00:31:18.719 --> 00:31:21.282
- [Reporter] ...immigration
laws and sanctuary cities.

00:31:21.282 --> 00:31:24.224
- San Francisco\'s city
government is under fire tonight

00:31:24.224 --> 00:31:27.140
after the murder of a woman last week,

00:31:27.140 --> 00:31:29.350
allegedly by an illegal immigrant.

00:31:29.350 --> 00:31:31.890
- This local murder
case has attracted media

00:31:31.890 --> 00:31:33.680
from around the world.

00:31:33.680 --> 00:31:34.700
Because as you mentioned,

00:31:34.700 --> 00:31:36.570
the case has sparked a national debate

00:31:36.570 --> 00:31:39.710
over immigration and Sanctuary cities,

00:31:39.710 --> 00:31:42.020
and it remains politically explosive.

00:31:42.020 --> 00:31:43.490
(Newscaster)
The case that helped bring the term,

00:31:43.490 --> 00:31:45.750
sanctuary city, to the forefront.

00:31:45.750 --> 00:31:49.040
- It\'s hard to expect a fair trial

00:31:49.040 --> 00:31:52.210
when you have national media
so missing the coverage.

00:31:52.210 --> 00:31:53.153
I mean, they missed it.

00:31:53.153 --> 00:31:56.103
CNN, second or third day

00:31:56.103 --> 00:32:00.286
after the incident,

00:32:00.286 --> 00:32:02.950
said on a headline, \"García Zaraté comes

00:32:02.950 --> 00:32:07.100
to San Francisco because
of sanctuary city,\"

00:32:07.100 --> 00:32:08.560
which is like just a lie.

00:32:08.560 --> 00:32:10.340
He was brought here by the Feds.

00:32:10.340 --> 00:32:13.481
It\'s just, if anything
motivates you to go in

00:32:13.481 --> 00:32:14.864
and win this case, it\'s this.

00:32:15.839 --> 00:32:18.764
[gentle music]

00:32:33.320 --> 00:32:36.012
(Francisco)
My grandfather worked at the US Embassy

00:32:36.012 --> 00:32:38.550
in Madrid, during the Spanish Civil War,

00:32:38.550 --> 00:32:42.080
and he was opposed to the dictatorship.

00:32:42.080 --> 00:32:46.020
My great grandfather was in
the opposition government

00:32:46.020 --> 00:32:49.740
in Spain, and was sentenced
to death after the war.

00:32:49.740 --> 00:32:51.640
My grandfather was able to get a job

00:32:51.640 --> 00:32:56.280
at Dartmouth College as
a professor of Spanish.

00:32:56.280 --> 00:33:00.350
My father grew up in a
Spanish-speaking household

00:33:00.350 --> 00:33:02.600
in a very small town called

00:33:02.600 --> 00:33:05.300
Hanover, New Hampshire,
where he was really

00:33:05.300 --> 00:33:06.780
the only Spanish speaker,

00:33:06.780 --> 00:33:09.060
or maybe one or two in the entire town.

00:33:09.060 --> 00:33:11.460
And that was hard for him.

00:33:11.460 --> 00:33:13.890
He suffered a lot of discrimination.

00:33:13.890 --> 00:33:18.260
My mother\'s family, her grandfather,

00:33:18.260 --> 00:33:22.500
my great-grandfather, got on
a boat in Ireland and came

00:33:22.500 --> 00:33:24.110
to the United States because of poverty.

00:33:24.110 --> 00:33:25.920
He didn\'t have papers,

00:33:25.920 --> 00:33:28.630
got to New York, and
they processed him in.

00:33:28.630 --> 00:33:30.730
And that\'s how it was back in the day.

00:33:30.730 --> 00:33:32.820
He suffered also a lot of discrimination

00:33:33.700 --> 00:33:38.700
because he couldn\'t find
formal work as an Irish person.

00:33:39.240 --> 00:33:42.530
And so, in our history, both
my father\'s and mother\'s side,

00:33:42.530 --> 00:33:45.620
there\'s a recognition of
the importance of tolerance.

00:33:45.620 --> 00:33:48.183
And that\'s really been
part of my identity.

00:33:54.900 --> 00:33:57.750
(Jeff) Why do you think the
prosecution would want the jury

00:33:57.750 --> 00:34:01.420
to think that he was
relatively clear thinking?

00:34:01.420 --> 00:34:04.910
Is it because it helps
their intent argument

00:34:04.910 --> 00:34:08.060
that he\'s got a clear
mind, so he points the gun

00:34:08.060 --> 00:34:10.500
at Kate Steinle and pulls the trigger?

00:34:10.500 --> 00:34:13.060
- For our point of view, this kind of,

00:34:13.060 --> 00:34:17.550
she walks into this
problem, which is, you know,

00:34:17.550 --> 00:34:19.170
look at the physical evidence,

00:34:19.170 --> 00:34:20.480
take the statements out of it.

00:34:20.480 --> 00:34:24.580
\'Cause I could at least make
clear that the inspectors

00:34:24.580 --> 00:34:27.360
are able to get the
defendant to say things

00:34:27.360 --> 00:34:29.020
that are not true.

00:34:29.020 --> 00:34:31.650
He did not shoot her from five feet away,

00:34:31.650 --> 00:34:34.340
but he says that to
them a couple of times.

00:34:34.340 --> 00:34:37.400
He did not walk by her after she was shot.

00:34:37.400 --> 00:34:40.640
So, these are like glaring
errors that they will have

00:34:40.640 --> 00:34:42.420
to attribute to something.

00:34:42.420 --> 00:34:46.657
And it\'s either mental health
or even if it\'s low IQ,

00:34:46.657 --> 00:34:49.493
whatever it is, they\'ll
have something to say,

00:34:49.493 --> 00:34:52.602
he\'s outmatched in that interview.

00:34:52.602 --> 00:34:54.739
So I can work with that.

00:34:54.739 --> 00:34:56.383
- Were you on a pier?
- Yeah.

00:34:56.383 --> 00:34:58.240
- That goes into the
water, were you on a pier?

00:34:58.240 --> 00:34:59.290
Do you understand what I\'m saying?

00:34:59.290 --> 00:35:00.183
- Yeah.

00:35:00.183 --> 00:35:01.016
- Do you understand what I\'m saying?

00:35:01.016 --> 00:35:01.849
- Yes.

00:35:01.849 --> 00:35:04.689
- Do you know what a pier
is? Tell me what he pier is.

00:35:04.689 --> 00:35:05.522
- Pier is?

00:35:05.522 --> 00:35:08.543
- Pier, dock, a dock in the water.

00:35:12.790 --> 00:35:13.623
Okay.

00:35:13.623 --> 00:35:14.722
(Jeff)
So do you think the fact that there\'s

00:35:14.722 --> 00:35:16.950
a little mental illness or at least

00:35:16.950 --> 00:35:19.840
the implication of that helps?

00:35:19.840 --> 00:35:21.981
(Matt)
I think, it does help, but I think

00:35:21.981 --> 00:35:24.739
she has kind of whitewashed

00:35:24.739 --> 00:35:28.110
this to strip that away.

00:35:28.110 --> 00:35:31.740
The mental illness
component of it, I think,

00:35:31.740 --> 00:35:35.650
she will argue is deceptive,
rather than mental health.

00:35:35.650 --> 00:35:38.730
And I think the jury\'s
probably gonna agree

00:35:38.730 --> 00:35:43.170
with her because the portion
she\'s keeping, I think,

00:35:43.170 --> 00:35:44.980
do lean in terms of deception,

00:35:44.980 --> 00:35:46.930
more than they do mental health.

00:35:46.930 --> 00:35:49.490
There are other places
where you could not string

00:35:49.490 --> 00:35:54.490
along paragraphs of word salad
without being mentally ill.

00:35:55.030 --> 00:35:56.600
She\'s cutting all that out.

00:35:56.600 --> 00:35:58.522
- What\'s your birthday?

00:35:58.522 --> 00:36:01.755
- 19...1863.

00:36:02.713 --> 00:36:04.093
- 9-18-63?

00:36:04.093 --> 00:36:05.718
- No, 1863.

00:36:06.746 --> 00:36:08.140
- What year?

00:36:08.140 --> 00:36:09.448
- 1863.

00:36:09.448 --> 00:36:11.208
- 1863?

00:36:11.208 --> 00:36:13.720
- (Matt)
At the end of the case, it\'ll still be,

00:36:13.720 --> 00:36:15.753
got a homeless immigrant,

00:36:15.753 --> 00:36:18.200
English is not his first language,

00:36:18.200 --> 00:36:22.200
got a low education, to help
explain some of his conduct.

00:36:22.200 --> 00:36:26.930
It\'s never been a mental
health defense anyway.

00:36:26.930 --> 00:36:28.079
(Dave)
If you were going to find

00:36:28.079 --> 00:36:30.812
the exact right assailant,

00:36:30.812 --> 00:36:35.370
you would pick an undocumented
immigrant, homeless,

00:36:35.370 --> 00:36:39.920
darker skin, had been in
and out of incarceration

00:36:39.920 --> 00:36:42.860
for over a decade, to say,

00:36:42.860 --> 00:36:46.040
okay, this is what you have to fear.

00:36:46.040 --> 00:36:47.595
And here\'s what he did,

00:36:47.595 --> 00:36:51.440
he took the life of a young white woman.

00:36:51.440 --> 00:36:55.433
Then it\'s time to build a wall

00:36:55.433 --> 00:36:58.930
to keep away those
sorts of people forever.

00:36:58.930 --> 00:37:02.121
(Francisco)
Mr. García Zaraté in the early \'90s,

00:37:02.121 --> 00:37:05.104
had a prior small time

00:37:05.104 --> 00:37:07.162
hand-to-hand drug sale.

00:37:07.162 --> 00:37:10.340
The federal government says
that, if you commit a very,

00:37:10.340 --> 00:37:13.920
very serious offense, and you\'re
deported and you come back,

00:37:13.920 --> 00:37:17.770
they can enhance your
sentence up to 20 years.

00:37:17.770 --> 00:37:20.250
And they call those sentence enhancement,

00:37:20.250 --> 00:37:22.900
predicate crimes, aggravated felonies.

00:37:22.900 --> 00:37:24.750
He accepted a felony
conviction at the height

00:37:24.750 --> 00:37:26.970
of the drug war, no less.

00:37:26.970 --> 00:37:29.560
He was ultimately deported in 1998.

00:37:29.560 --> 00:37:31.540
He came back to the
United States and he was

00:37:31.540 --> 00:37:33.680
prosecuted federally for illegal re-entry.

00:37:33.680 --> 00:37:36.750
Usually, you get six months
in jail for that act.

00:37:36.750 --> 00:37:39.290
But since he had the prior felony,

00:37:39.290 --> 00:37:42.590
aggravated felony drug sale conviction,

00:37:42.590 --> 00:37:45.680
he saw a five-year enhancement.

00:37:45.680 --> 00:37:47.930
So he spent five years in jail.

00:37:47.930 --> 00:37:49.440
He was deported right after that,

00:37:49.440 --> 00:37:51.710
the federal government deported him.

00:37:51.710 --> 00:37:54.500
He came back to the United
States a month later,

00:37:54.500 --> 00:37:55.700
he was apprehended.

00:37:55.700 --> 00:37:58.950
And again, he was prosecuted
for illegal re-entry.

00:37:58.950 --> 00:38:02.210
Again, he took a six year sentence.

00:38:02.210 --> 00:38:05.003
After that six year
sentence, he was deported.

00:38:05.980 --> 00:38:07.803
He came back, again,

00:38:08.970 --> 00:38:11.320
they prosecuted for him
for illegal re-entry.

00:38:11.320 --> 00:38:13.540
And he served a six year sentence.

00:38:13.540 --> 00:38:16.120
We\'re looking at someone
who spent 17 years

00:38:16.120 --> 00:38:18.937
in federal prison for the act of trying

00:38:18.937 --> 00:38:20.655
to come into the country.

00:38:20.655 --> 00:38:22.572
[speaks in Spanish]

00:39:06.910 --> 00:39:09.073
- I know José from my mom.

00:39:11.290 --> 00:39:13.400
I was actually in shock
when she talked to me

00:39:13.400 --> 00:39:15.870
about the case and who was he,

00:39:15.870 --> 00:39:18.513
and how he was related to their family.

00:39:20.670 --> 00:39:22.280
She feels really stressed out

00:39:24.300 --> 00:39:28.676
\'cause none of her family
wanted to cooperate with him.

00:39:28.676 --> 00:39:32.585
(Imelda)
[speaks in Spanish]

00:41:03.446 --> 00:41:05.863
[soft music]

00:41:53.944 --> 00:41:58.090
(Matt)
You know, what happens to García Zaraté?

00:41:58.090 --> 00:41:59.873
He is facing life in prison.

00:42:00.810 --> 00:42:03.920
Even if he were to get a
manslaughter conviction,

00:42:03.920 --> 00:42:05.780
he would be looking at about 19 years

00:42:05.780 --> 00:42:07.470
in prison, potentially.

00:42:07.470 --> 00:42:11.010
And I have no reason to
believe this judge would give

00:42:11.010 --> 00:42:12.693
him any kind of leniency.

00:42:14.200 --> 00:42:18.100
So we\'re trying the case,
trying to win an acquittal,

00:42:18.100 --> 00:42:20.770
and anything less, we
will consider a defeat.

00:42:20.770 --> 00:42:23.294
(Francisco) I have a daughter,
and she\'s everything to me.

00:42:23.294 --> 00:42:25.820
And when this case first happened,

00:42:25.820 --> 00:42:30.420
I held her close because
I could identify as being

00:42:30.420 --> 00:42:32.950
a father losing their daughter.

00:42:32.950 --> 00:42:37.400
One of the reasons this
case was so powerful was

00:42:37.400 --> 00:42:40.993
because so many people could
identify with that story.

00:42:42.140 --> 00:42:44.660
Unfortunately, it was exploited,

00:42:44.660 --> 00:42:48.020
but that essence of a father
and a daughter walking

00:42:48.020 --> 00:42:50.780
down the pier, and a
daughter being shot in front

00:42:50.780 --> 00:42:54.060
of a father, it\'s just
something that, it\'s hard

00:42:54.060 --> 00:42:55.160
to grapple with.

00:42:56.258 --> 00:42:58.841
[gentle music]

00:43:15.315 --> 00:43:19.456
(Paul)
What we saw in the zoomed in shot

00:43:19.456 --> 00:43:23.248
from the DA\'S video,
showed this awning,

00:43:23.248 --> 00:43:25.760
the people walking along
this platform here,

00:43:25.760 --> 00:43:30.550
this dock and this pier,
including all of this detail,

00:43:30.550 --> 00:43:33.433
all mashed into one plane of focus.

00:43:34.870 --> 00:43:36.515
When that happens, it\'s
very hard to differentiate

00:43:36.515 --> 00:43:40.310
what\'s going on and in which location.

00:43:40.310 --> 00:43:42.080
And it\'s just important to be aware

00:43:42.080 --> 00:43:44.090
of that when you\'re looking at the video.

00:43:44.090 --> 00:43:45.760
(Matt)
Why don\'t you narrate a little bit?

00:43:45.760 --> 00:43:47.560
[Paul]
Okay, the first thing I noticed was,

00:43:47.560 --> 00:43:50.030
a person had walked along
the pier and sat into one

00:43:50.030 --> 00:43:54.380
of the two chairs where
the defendant was seen

00:43:54.380 --> 00:43:55.630
sitting later in the day.

00:43:57.480 --> 00:43:58.313
This is around-

00:43:58.313 --> 00:43:59.380
(Matt)
The green arrow represents

00:43:59.380 --> 00:44:01.380
where García Zaraté sits, right?

00:44:01.380 --> 00:44:02.630
(Paul)
The green arrow represents that chair

00:44:02.630 --> 00:44:05.440
where Mr. Zaraté, Mr. García Zaraté sits.

00:44:05.440 --> 00:44:08.350
Use the clock tower
just for relative time.

00:44:08.350 --> 00:44:11.420
It will be accurate to about
a minute or as the hands

00:44:11.420 --> 00:44:12.320
of the clock show.

00:44:14.040 --> 00:44:17.120
And eventually, I believe
that there are six people

00:44:17.120 --> 00:44:20.100
total that will be, that
will congregate in this area

00:44:20.100 --> 00:44:24.280
and actually place an object

00:44:24.280 --> 00:44:25.913
in that chair and go through it.

00:44:28.460 --> 00:44:30.080
But at this point, they
are all congregating

00:44:30.080 --> 00:44:33.221
and they\'re discussing
something amongst themselves.

00:44:33.221 --> 00:44:35.820
(Francisco)
This is like the arrival.

00:44:35.820 --> 00:44:36.653
(Paul)
And at a certain point,

00:44:36.653 --> 00:44:38.210
one of them will go and
get a bag off the ground

00:44:38.210 --> 00:44:40.753
and bring it to that chair there.

00:44:41.970 --> 00:44:42.803
- Show me.

00:44:45.130 --> 00:44:48.130
- The bag is in this area here.

00:44:48.130 --> 00:44:52.030
This man walking to the left will go reach

00:44:52.030 --> 00:44:54.613
over and pick it up, and pick up the bag.

00:45:00.250 --> 00:45:03.453
The person in the light-colored
shirt, who\'s crouching down,

00:45:10.100 --> 00:45:13.753
gets up, moves away a bit,

00:45:16.280 --> 00:45:17.850
and then comes back.

00:45:17.850 --> 00:45:20.860
So, all this bending
down and standing back up

00:45:20.860 --> 00:45:23.970
appears to be people picking
things up off the ground.

00:45:23.970 --> 00:45:27.690
- So, from here, just to be
able to tell the narrative,

00:45:27.690 --> 00:45:30.530
I would wanna say, \"Okay, and
you were able to determine

00:45:30.530 --> 00:45:34.210
that García Zaraté is at that seat,\"

00:45:34.210 --> 00:45:37.640
how many minutes after the
group of six men leave?

00:45:37.640 --> 00:45:38.940
(Paul)
About 30 minutes.

00:45:40.330 --> 00:45:43.120
(Matt)
Instead of about, give me the exact time.

00:45:43.120 --> 00:45:45.400
(Paul)
30 Minutes, 20 seconds.

00:45:45.400 --> 00:45:47.530
(Newscaster #1)
A gut turning twist about the gun

00:45:47.530 --> 00:45:48.950
that divers recovered,

00:45:48.950 --> 00:45:52.400
the one used to kill 32-year
old Katherine Steinle.

00:45:52.400 --> 00:45:55.580
The government issued
weapon belonged to a federal

00:45:55.580 --> 00:45:57.990
agent with the Bureau of Land Management.

00:45:57.990 --> 00:45:59.180
The federal agency says,

00:45:59.180 --> 00:46:01.840
the weapon was stolen
from the officer\'s car,

00:46:01.840 --> 00:46:05.360
while he was on business in
San Francisco on June 27th.

00:46:05.360 --> 00:46:07.460
(Newscaster #2)
A backpack with a fully loaded handgun

00:46:07.460 --> 00:46:09.742
was placed on the floor
behind the driver\'s seat.

00:46:09.742 --> 00:46:12.380
That\'s what Park Ranger John Woychowski

00:46:12.380 --> 00:46:13.933
testified in court today.

00:46:13.933 --> 00:46:15.820
When he came back from having dinner

00:46:15.820 --> 00:46:18.112
with his three children and fiance,

00:46:18.112 --> 00:46:21.510
the backseat window was
smashed out and bag stolen.

00:46:21.510 --> 00:46:22.480
(Newscaster #1) Four days later,

00:46:22.480 --> 00:46:26.980
the 40-caliber handgun somehow
found its way to Pier 14

00:46:26.980 --> 00:46:29.746
into the hands of Juan
Francisco Lopez Sanchez.

00:46:29.746 --> 00:46:34.185
(Reporter) Did you mean to
shoot her? Was it an accident?

00:46:36.272 --> 00:46:37.203
- Yeah.

00:46:38.130 --> 00:46:40.330
- It was an accident.

00:46:40.330 --> 00:46:42.723
Why did you pull the trigger of the gun?

00:46:46.106 --> 00:46:51.106
- When I pulled out my leg
in the ground over here,

00:46:52.880 --> 00:46:57.880
I\'m feeling that something,
no, not too much the...

00:46:58.550 --> 00:46:59.650
- That\'s when you found the gun.

00:46:59.650 --> 00:47:00.483
- Yes.

00:47:00.483 --> 00:47:02.291
(Reporter)
Ask him in Spanish, why did,

00:47:02.291 --> 00:47:05.041
why did he shoot the lady?

00:47:05.041 --> 00:47:09.599
(Interpreter)
[translates in Spanish]

00:47:11.995 --> 00:47:16.895
[speaks in Spanish]

00:47:19.203 --> 00:47:22.444
(Interpreter)
When he grabbed at it, it shot by itself.

00:47:22.444 --> 00:47:25.260
(Juror)
The thing that swayed me towards siding

00:47:25.260 --> 00:47:27.860
with the prosecution the most,

00:47:27.860 --> 00:47:32.860
was just the doubt of, like,

00:47:35.010 --> 00:47:39.380
how could you accidentally do this, right?

00:47:39.380 --> 00:47:42.900
Like, how could you
accidentally discharge a firearm

00:47:42.900 --> 00:47:44.040
and kill somebody?

00:47:44.040 --> 00:47:44.873
- On accidental discharge,

00:47:44.873 --> 00:47:46.648
means you fired the firearm and you didn\'t

00:47:46.648 --> 00:47:47.830
actually mean to.

00:47:47.830 --> 00:47:50.120
The firearm here is a SIG Sauer model

00:47:50.120 --> 00:47:53.310
P239, it\'s a high quality firearm,

00:47:53.310 --> 00:47:56.430
but if you somehow manipulate the trigger,

00:47:56.430 --> 00:47:58.469
either you pull it with
your finger or some other

00:47:58.469 --> 00:48:00.190
object touches the trigger.

00:48:00.190 --> 00:48:04.400
The force is about four
pounds, which is not very much.

00:48:04.400 --> 00:48:07.120
More importantly, the
trigger only has to move

00:48:07.120 --> 00:48:08.350
about an eighth of an inch.

00:48:08.350 --> 00:48:10.510
So you apply this relatively light force

00:48:10.510 --> 00:48:12.400
for this relatively small distance

00:48:12.400 --> 00:48:14.210
and the firearm will discharge.

00:48:14.210 --> 00:48:18.370
- So there\'s no evidence
that the defendant had

00:48:18.370 --> 00:48:20.160
the gun prior to being on the pier.

00:48:20.160 --> 00:48:23.900
There\'s no evidence that he
ever showed a gun to anybody.

00:48:23.900 --> 00:48:25.100
He had no money.

00:48:25.100 --> 00:48:27.300
You\'re significant to us
because you have experience

00:48:27.300 --> 00:48:28.283
with SIG Sauer.

00:48:29.760 --> 00:48:33.310
And you also have law
enforcement, you know, background.

00:48:33.310 --> 00:48:34.651
- Right.

00:48:34.651 --> 00:48:36.040
- You\'ve investigated
accidental discharges,

00:48:36.040 --> 00:48:39.100
you know what to look
for. I think, the jury,

00:48:39.100 --> 00:48:42.960
you will give them a
comfort level when you say,

00:48:42.960 --> 00:48:45.640
look, I\'ve seen this, this happens.

00:48:45.640 --> 00:48:48.840
The point isn\'t that there\'s
a manufacturing defect

00:48:48.840 --> 00:48:52.690
with the gun, that it\'s just
a user error, but it happens,

00:48:52.690 --> 00:48:54.520
you know, even among trained people.

00:48:54.520 --> 00:48:56.490
- Peer reviewed paper in the journal

00:48:56.490 --> 00:48:59.270
of preventive medicine last year

00:48:59.270 --> 00:49:03.020
looked at data from 2010 to 2012,

00:49:03.020 --> 00:49:06.670
582 deaths

00:49:06.670 --> 00:49:09.520
resulted from unintentional discharges

00:49:09.520 --> 00:49:11.150
in the general population in the US.

00:49:11.150 --> 00:49:13.630
They\'re using CDC data.

00:49:13.630 --> 00:49:16.120
(Francisco)
It\'s a tremendous number-

00:49:16.120 --> 00:49:18.573
- 582, that\'s more than one every day.

00:49:21.083 --> 00:49:22.600
And that\'s, that\'s fatalities.

00:49:22.600 --> 00:49:27.140
- So one person dies every day.

00:49:27.140 --> 00:49:29.310
- Three people die every two days.

00:49:29.310 --> 00:49:30.918
- Because of an unintentional firearm...

00:49:30.918 --> 00:49:32.250
- Because of an unintentional discharge.

00:49:32.250 --> 00:49:34.710
When you go into shooting,

00:49:34.710 --> 00:49:37.110
you can\'t automatically
assume that it\'s intentional,

00:49:37.110 --> 00:49:39.569
because there are so many
unintentional discharges.

00:49:39.569 --> 00:49:41.361
You have to consider the possibility

00:49:41.361 --> 00:49:43.403
of an unintentional discharge.

00:49:44.530 --> 00:49:49.080
- Are the number of shots relevant?

00:49:49.080 --> 00:49:51.320
- That\'s the number one. [laughs]

00:49:51.320 --> 00:49:53.940
Indicators of an unintentional discharge,

00:49:53.940 --> 00:49:55.498
firing a single shot.
- Firing a single shot.

00:49:55.498 --> 00:49:56.453
- If you have a single shot,

00:49:56.453 --> 00:49:59.680
then you better sit up and
take notice that you may

00:49:59.680 --> 00:50:01.940
be looking at an unintentional discharge.

00:50:01.940 --> 00:50:05.090
- So tell me the factors
that you\'re looking at.

00:50:05.090 --> 00:50:07.080
- An investigator needs
to look at motivation,

00:50:07.080 --> 00:50:11.000
if there\'s no apparent
motivation for firing the shot,

00:50:11.000 --> 00:50:13.850
then that can be indicator of
an unintentional discharge.

00:50:15.130 --> 00:50:18.620
And lack of planning prior
to the firing of the shot.

00:50:18.620 --> 00:50:21.560
And then last one is the
actions of the shooter

00:50:21.560 --> 00:50:23.583
after the shot is fired.

00:50:24.620 --> 00:50:28.940
Fleeing is one

00:50:28.940 --> 00:50:33.780
that may be an indicator of
an intentional discharge.

00:50:33.780 --> 00:50:35.200
So you have to look at everything.

00:50:35.200 --> 00:50:39.590
And if there are actions
that are consistent

00:50:39.590 --> 00:50:42.598
with an unintentional
discharge in some way,

00:50:42.598 --> 00:50:44.520
that can be a factor too.

00:50:44.520 --> 00:50:46.330
(Matt)
I mean, in our case,

00:50:46.330 --> 00:50:48.030
we believe the defendant fled

00:50:50.170 --> 00:50:52.640
because he did not want

00:50:52.640 --> 00:50:56.020
to draw attention to himself.

00:50:56.020 --> 00:50:59.210
He\'s not here legally,
this thing just happened,

00:50:59.210 --> 00:51:01.800
he wants to get out of there
before anyone sees him.

00:51:01.800 --> 00:51:04.620
- Guns are built so that
when you pick it up,

00:51:04.620 --> 00:51:06.650
your finger naturally
falls on the trigger.

00:51:06.650 --> 00:51:08.442
It has to be that way.

00:51:08.442 --> 00:51:10.570
- Would you consider it safe
to carry this gun around

00:51:10.570 --> 00:51:11.734
in single action mode?

00:51:11.734 --> 00:51:12.793
- No.
- No.

00:51:12.793 --> 00:51:14.442
- Never.

00:51:14.442 --> 00:51:16.550
[gentle music]

00:51:22.389 --> 00:51:25.139
[men chattering]

00:51:26.146 --> 00:51:29.617
- I don\'t know if we need this, all right?

00:51:29.617 --> 00:51:33.534
- All right, somebody
tell me, is this correct?

00:51:41.679 --> 00:51:43.080
- [Francisco] We need a calculator here.

00:51:43.080 --> 00:51:45.210
- I\'m ready.
- Is that a real calculator?

00:51:45.210 --> 00:51:47.353
- It is.
[indistinct]

00:51:47.353 --> 00:51:51.743
- It\'s for the 49 out
of 50 cases. [laughs]

00:51:51.743 --> 00:51:53.745
- That\'s right. Exactly.

00:51:55.496 --> 00:51:57.539
- It\'s 98%, 98%.

00:51:57.539 --> 00:51:59.024
- Calculate my fee, you know,

00:51:59.024 --> 00:52:02.074
I like to do that when I\'m bored.

00:52:27.200 --> 00:52:30.550
(Matt)
One of the advantages to my being involved

00:52:30.550 --> 00:52:33.310
in this case was the fact that I did have

00:52:33.310 --> 00:52:36.070
experience dealing with the media,

00:52:36.070 --> 00:52:39.387
trying to get my story out
there, my narrative out there.

00:52:39.387 --> 00:52:42.520
And I think having engaged
in the kind of lefty

00:52:42.520 --> 00:52:44.800
politics that I\'ve engaged in,

00:52:44.800 --> 00:52:47.380
I\'m comfortable with the establishment

00:52:47.380 --> 00:52:50.460
not being on board and
not supporting my take

00:52:50.460 --> 00:52:55.460
on social issues or whatever
the public policy issue is.

00:52:55.899 --> 00:52:57.160
And the advantage, I think,

00:52:57.160 --> 00:53:00.280
is being able to stay calm about it,

00:53:00.280 --> 00:53:05.280
put out our version of events
and not deviate from that.

00:53:08.819 --> 00:53:10.750
- The illegal said he found
the gun under the bench.

00:53:10.750 --> 00:53:12.390
Do you believe that lie?

00:53:12.390 --> 00:53:15.160
He\'s sitting on a benchy
and the gun went offy.

00:53:15.160 --> 00:53:16.420
They asked them, how did the gun go?

00:53:16.420 --> 00:53:18.860
It shot itself three times.

00:53:18.860 --> 00:53:20.720
Well, I think, that
there\'s a case you have

00:53:20.720 --> 00:53:22.713
to amputate his leg and try his leg.

00:53:24.550 --> 00:53:28.443
- It\'s so critical that
if you have a gun that has

00:53:28.443 --> 00:53:32.390
a right hand twist, that is
the bullets turning clockwise,

00:53:32.390 --> 00:53:35.335
the bullet will always
deflect slightly to the right.

00:53:35.335 --> 00:53:38.200
Colt firearms twist to the left,

00:53:38.200 --> 00:53:40.890
their bullets always deflect
slightly to the left.

00:53:40.890 --> 00:53:44.120
So, it\'s a reproducible real phenomenon,

00:53:44.120 --> 00:53:45.583
it\'s not like a random thing.

00:53:46.930 --> 00:53:47.960
But then the flight of the bullet

00:53:47.960 --> 00:53:49.810
after that is very random.

00:53:49.810 --> 00:53:52.165
So the idea that, I mean,
at least in my opinion,

00:53:52.165 --> 00:53:55.960
that you could purposely
try to shoot somebody 78

00:53:55.960 --> 00:53:57.980
feet away by ricocheting it off the ground

00:53:57.980 --> 00:54:00.589
12 feet in front of you...

00:54:00.589 --> 00:54:02.674
(Reporter #1)
It\'s just what? It\'s just what?

00:54:02.674 --> 00:54:04.814
Let him finish. It\'s just what?

00:54:04.814 --> 00:54:05.647
(Reporter #2)
Wait a minute-

00:54:05.647 --> 00:54:07.700
(Reporter #1)
No, it\'s just what? He didn\'t finish.

00:54:07.700 --> 00:54:08.960
I need this soundbite.

00:54:08.960 --> 00:54:11.230
- It could go straight by chance.

00:54:11.230 --> 00:54:13.390
That is, it goes crooked
and then something pushes

00:54:13.390 --> 00:54:14.740
it back straight, but that doesn\'t happen.

00:54:14.740 --> 00:54:17.090
- The latest twist in the
Kate Steinle murder trial,

00:54:17.090 --> 00:54:18.650
the defense filed a motion,

00:54:18.650 --> 00:54:21.090
asking the judge to
throw out the testimony

00:54:21.090 --> 00:54:23.740
of a key prosecution witness
after it was reported

00:54:23.740 --> 00:54:26.810
that he lied in another
case where the defendant

00:54:26.810 --> 00:54:28.240
was wrongfully convicted.

00:54:28.240 --> 00:54:30.380
(Newscaster #2)
That motion which is now sealed

00:54:30.380 --> 00:54:33.510
asked Judge Samuel Feng
to strike the testimony

00:54:33.510 --> 00:54:36.720
of former CSI Investigator John Evans.

00:54:36.720 --> 00:54:39.633
On October 30th, Evans
testified that based

00:54:39.633 --> 00:54:42.830
on his knowledge of crime
scene investigations,

00:54:42.830 --> 00:54:45.810
in his opinion, García
Zaraté intended to shoot

00:54:45.810 --> 00:54:49.560
Steinle, and that this was
no accidental shooting.

00:54:49.560 --> 00:54:52.020
What the defense did
not know at the time was

00:54:52.020 --> 00:54:53.340
that Evans is being sued

00:54:53.340 --> 00:54:57.810
by Jamal Trulove, a one-time
reality TV show contestant,

00:54:57.810 --> 00:55:00.750
whose conviction was
overturned and then acquitted

00:55:00.750 --> 00:55:02.170
in a second trial.

00:55:02.170 --> 00:55:04.700
Evans testified and was found to have lied

00:55:04.700 --> 00:55:07.552
under oath about reading an
important ballistic study

00:55:07.552 --> 00:55:10.610
done by the San Francisco
Police Department.

00:55:10.610 --> 00:55:14.270
Evans\' forensic statement
was also inconsistent

00:55:14.270 --> 00:55:16.160
with what other experts found.

00:55:16.160 --> 00:55:19.720
- The judge made a
determination to not allow

00:55:19.720 --> 00:55:23.100
the rebuttal evidence, which was in effect

00:55:23.100 --> 00:55:26.930
the recalling of Evans.

00:55:26.930 --> 00:55:30.300
We were prepared to
impeach his credibility,

00:55:30.300 --> 00:55:33.820
particularly because during the trial,

00:55:33.820 --> 00:55:35.370
he was allowed to testify

00:55:35.370 --> 00:55:37.800
without being offered as an expert.

00:55:37.800 --> 00:55:40.880
And I think that\'s a very
key point to keep in mind.

00:55:40.880 --> 00:55:42.870
I think, during cross examination

00:55:42.870 --> 00:55:45.280
it became apparent that
the conclusions that he was

00:55:45.280 --> 00:55:47.200
making were questionable.

00:55:47.200 --> 00:55:51.250
This is obviously a ricochet.
They cannot change that fact.

00:55:51.250 --> 00:55:56.250
So he conceded that you
would have a deflection.

00:55:57.230 --> 00:55:59.220
Well, of course, there was a deflection.

00:55:59.220 --> 00:56:00.600
The bullet hit the concrete.

00:56:00.600 --> 00:56:03.160
I mean, it deflects somewhere else,

00:56:03.160 --> 00:56:07.590
but he continued to insist
that it was a straight line,

00:56:07.590 --> 00:56:10.280
meaning that if you viewed it from above,

00:56:10.280 --> 00:56:13.830
it remained pristine straight.

00:56:13.830 --> 00:56:17.490
Well, this is completely illogical.

00:56:17.490 --> 00:56:19.620
When I asked him during the trial

00:56:19.620 --> 00:56:21.861
whether or not there would be any lateral

00:56:21.861 --> 00:56:24.810
or horizontal movement of the bullet,

00:56:24.810 --> 00:56:28.467
once it hit the concrete, his answer was,

00:56:28.467 --> 00:56:30.750
\"I don\'t understand your question.\"

00:56:30.750 --> 00:56:33.680
- Is the prosecution in
collusion with this witness

00:56:33.680 --> 00:56:35.960
in either the Trulove case or in this case

00:56:35.960 --> 00:56:38.850
to basically get testimony that makes

00:56:38.850 --> 00:56:40.113
their theory look better?

00:56:41.420 --> 00:56:45.950
- Well, I mean, our general
sense of this witness after,

00:56:45.950 --> 00:56:48.260
you know, seeing him on the
stand and cross-examining

00:56:48.260 --> 00:56:50.680
was like, wow, this guy
is willing to say whatever

00:56:50.680 --> 00:56:53.770
he needs to say to help the prosecution.

00:56:53.770 --> 00:56:56.110
- In this case, the fact
that the prosecution

00:56:56.110 --> 00:56:59.320
has offered up no real motive, I think,

00:56:59.320 --> 00:57:01.020
that\'s gonna play a lot in the jury.

00:57:01.020 --> 00:57:04.386
If he is acquitted, it\'s gonna
be a bad backlash of look,

00:57:04.386 --> 00:57:07.420
there goes liberal San Francisco again.

00:57:07.420 --> 00:57:09.180
- You know, that\'s why
it\'s important what you do,

00:57:09.180 --> 00:57:14.180
because you\'re able to
explain as much as people

00:57:15.130 --> 00:57:19.250
wanna hear what the
evidence was in this case.

00:57:19.250 --> 00:57:23.280
- My administration is
launching a nationwide crackdown

00:57:23.280 --> 00:57:26.490
on sanctuary cities.
[crowd cheering]

00:57:26.490 --> 00:57:28.380
(Newscaster)
President Trump and conservatives

00:57:28.380 --> 00:57:31.080
have used the case as a rallying cry.

00:57:31.080 --> 00:57:33.760
The bill known as Kate\'s
Law passed by the House,

00:57:33.760 --> 00:57:36.560
but hung up in the Senate
would enhance penalties

00:57:36.560 --> 00:57:39.840
for deported criminals who
illegally re-enter the US.

00:57:39.840 --> 00:57:41.210
- From the immigration debate

00:57:41.210 --> 00:57:44.080
in the United States, the
stakes are pretty high

00:57:44.080 --> 00:57:45.010
\'cause you\'ve got things like

00:57:45.010 --> 00:57:48.720
Kate\'s Law that would increase punishment

00:57:48.720 --> 00:57:52.250
for basically any immigrant that enters

00:57:52.250 --> 00:57:54.340
the country without
permission if they\'ve ever

00:57:54.340 --> 00:57:56.440
been deported before.

00:57:56.440 --> 00:57:57.700
- Your reaction to what\'s happened

00:57:57.700 --> 00:57:59.530
in San Francisco and Washington.

00:57:59.530 --> 00:58:02.150
- Deep down, when we was
in Washington, I didn\'t get

00:58:02.150 --> 00:58:04.770
the feeling, any warm and fuzzy feeling

00:58:04.770 --> 00:58:09.770
that Kate\'s Law would hit
the Senate or be passed.

00:58:10.830 --> 00:58:14.780
- It\'s not against the
sanctuary city policy itself.

00:58:14.780 --> 00:58:17.680
The original sanctuary city
policy was put in place

00:58:17.680 --> 00:58:21.370
to make illegal immigrants
that are in this country

00:58:21.370 --> 00:58:23.410
feel as though they
can go to the hospital,

00:58:23.410 --> 00:58:25.653
they can call in and report crimes.

00:58:26.550 --> 00:58:28.930
That\'s the basis of the
sanctuary city policy,

00:58:28.930 --> 00:58:29.797
and we\'re not against that.

00:58:29.797 --> 00:58:33.970
- You have efforts in
Congress right now to try

00:58:33.970 --> 00:58:37.200
to not only take away
funding from municipalities

00:58:37.200 --> 00:58:39.440
with sanctuary city policies,

00:58:39.440 --> 00:58:41.930
but an effort to stop municipalities

00:58:41.930 --> 00:58:43.440
from passing such laws.

00:58:43.440 --> 00:58:44.547
- What we\'re fighting against

00:58:44.547 --> 00:58:46.850
is keeping the felons off the streets.

00:58:46.850 --> 00:58:49.330
- Kate\'s Law wouldn\'t
have affected this case

00:58:49.330 --> 00:58:50.480
in the slightest.

00:58:50.480 --> 00:58:51.960
- In the past five years,

00:58:51.960 --> 00:58:55.200
we\'ve seen some of the
highest deportation rates

00:58:55.200 --> 00:58:56.460
this country has ever seen.

00:58:56.460 --> 00:58:58.850
We\'ve seen about 3
million people deported,

00:58:58.850 --> 00:59:01.994
half of which have a US citizen child.

00:59:01.994 --> 00:59:04.533
And virtually, the vast majority

00:59:04.533 --> 00:59:09.521
of those deportations have
been because of a very

00:59:09.521 --> 00:59:12.160
minor contact with local law enforcement.

00:59:12.160 --> 00:59:14.940
The federal authorities that wanna engage

00:59:14.940 --> 00:59:18.810
in mass deportation understand
that the word criminal

00:59:18.810 --> 00:59:20.980
is a very powerful word.

00:59:20.980 --> 00:59:23.810
It is a brand against a person.

00:59:23.810 --> 00:59:27.660
And if you can criminalize a people,

00:59:27.660 --> 00:59:31.630
it is easier to win public
support for something

00:59:31.630 --> 00:59:35.773
as serious and severe and
catastrophic as deportation.

00:59:35.773 --> 00:59:38.356
[haunting music]

00:59:50.930 --> 00:59:52.810
- (Newscaster #1)
While José Ines García Zaraté,

00:59:52.810 --> 00:59:55.500
has been charged with
second degree murder,

00:59:55.500 --> 00:59:56.570
the jury was told,

00:59:56.570 --> 00:59:58.980
they could also consider
first degree murder

00:59:58.980 --> 01:00:01.340
or involuntary manslaughter.

01:00:01.340 --> 01:00:04.400
A not guilty verdict
is also a possibility.

01:00:04.400 --> 01:00:05.940
Following those instructions,

01:00:05.940 --> 01:00:08.280
Assistant District Attorney Diana Garcia,

01:00:08.280 --> 01:00:10.010
made her closing arguments,

01:00:10.010 --> 01:00:13.320
insisting that the gun that
killed Kate Steinle, didn\'t

01:00:13.320 --> 01:00:14.746
go off accidentally.

01:00:14.746 --> 01:00:17.480
- What did you think
of her closing overall?

01:00:17.480 --> 01:00:19.440
- She went all in on he was planning

01:00:19.440 --> 01:00:21.240
to shoot and kill someone.

01:00:21.240 --> 01:00:23.210
(Newscaster)
In fact, she told the jury

01:00:23.210 --> 01:00:24.980
that García Zaraté had the gun

01:00:24.980 --> 01:00:28.140
with him all along and
knew that Pier 14 was

01:00:28.140 --> 01:00:30.860
a target-rich environment full of people.

01:00:30.860 --> 01:00:32.390
- What do you guys think?

01:00:32.390 --> 01:00:33.810
- She called it a secret game

01:00:33.810 --> 01:00:35.570
as though he had something going.

01:00:35.570 --> 01:00:39.190
She projected a lot of
intentionality into the defendant.

01:00:39.190 --> 01:00:41.397
- (Jeff) She said it was a secret game?
- Secret game.

01:00:41.397 --> 01:00:43.455
(Francisco)
A secret game of Russian roulette.

01:00:44.487 --> 01:00:46.261
(Francisco)
She didn\'t call it a ricochet,

01:00:46.261 --> 01:00:49.293
called it a glance?
- (Man) Glance.

01:00:49.293 --> 01:00:54.210
- It may have been effective
to some jurors, but you know,

01:00:54.210 --> 01:00:55.830
she isn\'t gonna get the last word.

01:00:55.830 --> 01:00:57.260
(Newscaster)
The defense reminded the jury

01:00:57.260 --> 01:01:00.010
that García Zaraté had
no motive and no prior

01:01:00.010 --> 01:01:01.600
interaction with Steinle.

01:01:01.600 --> 01:01:04.850
Matt Gonzalez said, \"If you
wanted to injure someone,

01:01:04.850 --> 01:01:07.266
would you fire from 90 feet away?\"

01:01:07.266 --> 01:01:08.718
- I mean I really like you coming back

01:01:08.718 --> 01:01:10.200
to the only evidence they have

01:01:10.200 --> 01:01:13.330
that he carried a gun on the pier

01:01:13.330 --> 01:01:15.940
is the fact that the
gun fits in his pockets.

01:01:15.940 --> 01:01:18.280
How can you premeditate a homicide

01:01:18.280 --> 01:01:20.520
when you don\'t even know a gun is loaded?

01:01:20.520 --> 01:01:23.890
- I mean, she really went
so strong, that that kind

01:01:23.890 --> 01:01:26.160
of emotional thing wears off.

01:01:26.160 --> 01:01:28.750
Giving them the keys for
how to look at the evidence

01:01:28.750 --> 01:01:31.647
and sort it out, that\'s what lasts.

01:01:31.647 --> 01:01:34.224
[gentle music]

01:01:34.224 --> 01:01:35.630
(Juror)
Any number of things could have led

01:01:35.630 --> 01:01:36.950
to a different outcome here, right?

01:01:36.950 --> 01:01:39.810
The ranger storing a gun
in a different place,

01:01:39.810 --> 01:01:42.360
or even just parking in a different place

01:01:42.360 --> 01:01:44.900
in San Francisco, or the
Steinles taking a different

01:01:44.900 --> 01:01:45.963
route on their walk.

01:01:46.851 --> 01:01:49.006
It was just the perfect storm.

01:01:49.006 --> 01:01:51.589
[gentle music]

01:02:15.682 --> 01:02:18.750
- What this will allow me to
do is to say, think about it,

01:02:18.750 --> 01:02:21.730
Woychowsky always takes his gun with him,

01:02:21.730 --> 01:02:22.972
but he doesn\'t this time.

01:02:22.972 --> 01:02:26.190
Woychowsky is on a vacation, but he\'s got,

01:02:26.190 --> 01:02:29.050
he makes all these
choices, any one of which,

01:02:29.050 --> 01:02:32.020
if decided differently,
this never happens.

01:02:32.020 --> 01:02:35.893
Then the gun is in unknown
place for four days.

01:02:36.970 --> 01:02:38.010
You have this thing,

01:02:38.010 --> 01:02:39.760
we don\'t know why somebody left it there,

01:02:39.760 --> 01:02:41.840
we don\'t know what their intentions were.

01:02:41.840 --> 01:02:43.962
They may have decided that
because they knew it was

01:02:43.962 --> 01:02:46.440
a Bureau of Land Management,
that they didn\'t wanna

01:02:46.440 --> 01:02:47.610
have it any more.

01:02:47.610 --> 01:02:51.370
An unforeseen accident is an
exceptional accident, right?

01:02:51.370 --> 01:02:54.070
(Francisco)
Are we taking away reasonable doubt?

01:02:54.070 --> 01:02:55.484
\'Cause, well, everybody doubts.

01:02:55.484 --> 01:02:57.376
(Matt)
I think it\'s okay.

01:02:58.363 --> 01:03:00.713
What has been proved
beyond a reasonable doubt?

01:03:15.010 --> 01:03:18.053
(Matt)
García Zaraté picked up an object,

01:03:18.053 --> 01:03:22.470
did not know its contents,
and it fired a bullet.

01:03:22.470 --> 01:03:24.370
He had no intention to hurt anyone.

01:03:24.370 --> 01:03:28.480
He was not engaged in
any criminal negligence.

01:03:28.480 --> 01:03:30.490
It was an accident.

01:03:30.490 --> 01:03:32.520
And as long as that\'s a
reasonable interpretation,

01:03:32.520 --> 01:03:34.630
they have to adopt it, right?

01:03:34.630 --> 01:03:35.646
- (Zac) Mm-hm.

01:03:35.646 --> 01:03:37.105
Okay guys, let\'s do it.

01:03:37.105 --> 01:03:39.686
[dramatic music]

01:03:56.479 --> 01:03:58.450
(Dave)
Whatever happens in that courtroom

01:03:58.450 --> 01:04:03.442
is ultimately gonna be
either proof that we have,

01:04:03.442 --> 01:04:06.442
in theory, a working system

01:04:06.442 --> 01:04:09.208
that gives everybody the presumption

01:04:09.208 --> 01:04:12.960
of innocence and a fair and speedy trial,

01:04:12.960 --> 01:04:17.260
or we\'re going to have a
system that can be bent

01:04:17.260 --> 01:04:21.583
and compromised by politics
coming from one demagogue.

01:04:30.370 --> 01:04:33.011
- We had a chance to speak briefly

01:04:33.011 --> 01:04:36.600
with Mr. García Zaraté.

01:04:36.600 --> 01:04:37.490
He\'s hopeful.

01:04:37.490 --> 01:04:39.380
- Ms. Garcia put her blood, her sweat

01:04:39.380 --> 01:04:42.120
and her tears in this
case, she worked very hard.

01:04:42.120 --> 01:04:43.810
She did an amazing job.

01:04:43.810 --> 01:04:46.263
And at this point, it\'s
in the hands of the jury.

01:04:50.137 --> 01:04:50.970
- It\'s crazy.

01:04:50.970 --> 01:04:52.292
- You\'re gonna help me remove my jacket.

01:04:52.292 --> 01:04:55.272
I got my arms still in
and stuck. Oh, thanks.

01:04:55.272 --> 01:04:56.105
Thank you.

01:04:58.010 --> 01:05:00.451
(Francisco)
I get just so incredibly frustrated

01:05:00.451 --> 01:05:04.320
with the national press, and
how they\'ve reported this,

01:05:04.320 --> 01:05:06.560
catapulting this candidate

01:05:06.560 --> 01:05:09.330
because of hatred towards immigrants.

01:05:09.330 --> 01:05:13.023
And this case has been used
so effectively by Trump,

01:05:14.210 --> 01:05:18.860
but the co-conspirators are this national

01:05:18.860 --> 01:05:20.892
media that just didn\'t
get the story right.

01:05:20.892 --> 01:05:22.241
(Jeff)
So, you\'re ready?

01:05:22.241 --> 01:05:24.200
- I am ready, yeah.
- (Jeff) Yeah.

01:05:24.200 --> 01:05:27.560
- A lot of work, you know,
two and a half years almost.

01:05:27.560 --> 01:05:30.680
I\'m satisfied that we\'ve got it to a place

01:05:31.990 --> 01:05:34.233
where the jury can do the right thing.

01:05:36.772 --> 01:05:38.370
If we lose the case,

01:05:38.370 --> 01:05:41.460
it\'ll strictly be because
we don\'t have jurors

01:05:41.460 --> 01:05:42.780
that we thought we had.

01:05:42.780 --> 01:05:44.660
It\'s like all cases, Jeff, you know,

01:05:44.660 --> 01:05:46.673
if you win a case like this,

01:05:48.630 --> 01:05:51.700
you have the feeling
afterwards that anybody could

01:05:51.700 --> 01:05:52.590
have won this case.

01:05:52.590 --> 01:05:55.620
And if you lose a case
like this, you feel like,

01:05:55.620 --> 01:05:57.128
I\'m the only person that could have

01:05:57.128 --> 01:05:58.653
lost this case, you know.

01:05:58.653 --> 01:06:03.612
[bell chiming]

01:06:08.880 --> 01:06:12.970
- It\'s hard to fathom the
death of my daughter on a pier.

01:06:12.970 --> 01:06:16.581
And when you have a broken heart,

01:06:16.581 --> 01:06:19.890
and have grief in your life,

01:06:19.890 --> 01:06:22.730
if you\'ve never had it, it\'s awful.

01:06:22.730 --> 01:06:25.863
(Brad Steinle) The system both
on a city and federal level,

01:06:26.810 --> 01:06:29.690
miserably failed in protecting Kate.

01:06:29.690 --> 01:06:33.580
The failure on all levels
is what led to her death.

01:06:33.580 --> 01:06:35.540
And I think they share as much blame,

01:06:35.540 --> 01:06:38.002
if not more, than Sanchez.

01:06:38.002 --> 01:06:42.140
- I\'m feeling that I\'m
sorry for everybody.

01:06:42.140 --> 01:06:43.973
(Reporter)
You feel sorry for everybody,

01:06:45.340 --> 01:06:47.853
including Kate Steinle\'s family?

01:06:48.866 --> 01:06:49.803
- Yeah.

01:06:52.170 --> 01:06:55.425
- We somehow or another
amazingly got caught up

01:06:55.425 --> 01:06:58.077
in immigration and Trump,

01:06:58.077 --> 01:07:01.020
and we have our views on immigration,

01:07:01.020 --> 01:07:02.380
we have our views on Trump,

01:07:02.380 --> 01:07:04.963
but this was the death of my daughter.

01:07:06.030 --> 01:07:10.062
The manipulation, using
her death as impetus

01:07:10.062 --> 01:07:13.822
for immigration reviews
and sanctuary cities,

01:07:13.822 --> 01:07:16.920
and all that we\'re, you
know, dealing with now,

01:07:16.920 --> 01:07:20.643
nothing\'s changed except Kate\'s not here.

01:07:21.522 --> 01:07:25.048
[tense upbeat music]

01:07:29.717 --> 01:07:32.810
(Woman)
All right, 21. Thank you. Angela.

01:07:32.810 --> 01:07:33.643
(Angela)
Yes.

01:07:34.767 --> 01:07:36.934
(Woman)
SF Weekly. CNN.

01:08:01.779 --> 01:08:03.006
- The prosecutors have walked in.

01:08:03.006 --> 01:08:05.590
There\'s also a delegation
from the Mexican consulate,

01:08:05.590 --> 01:08:06.890
that we saw walk in as well.

01:08:06.890 --> 01:08:08.860
As you mentioned, the defendant

01:08:08.860 --> 01:08:10.270
is an undocumented immigrant,

01:08:10.270 --> 01:08:13.083
who has himself been deported five times.

01:08:21.103 --> 01:08:23.383
- Lyanne Melendez, just
out of the courtroom,

01:08:23.383 --> 01:08:24.770
and is there a verdict?

01:08:24.770 --> 01:08:27.080
- There is, rather surprising.

01:08:27.080 --> 01:08:29.030
First degree murder, not guilty,

01:08:29.030 --> 01:08:31.010
second degree murder, not guilty,

01:08:31.010 --> 01:08:34.890
involuntary manslaughter, not guilty.

01:08:34.890 --> 01:08:38.880
Now, there was one guilty found
by the members of the jury,

01:08:38.880 --> 01:08:41.793
and that is possession of a firearm.

01:08:41.793 --> 01:08:44.521
[people chattering]

01:08:44.521 --> 01:08:45.704
(Woman)
Any comment?

01:08:45.704 --> 01:08:46.754
(Man)
Any comment?

01:08:46.754 --> 01:08:48.273
(Alex)
I promise you we\'ll be right back.

01:08:49.197 --> 01:08:51.147
(Man)
Coming back, coming back, guys.

01:08:53.845 --> 01:08:55.527
(Woman)
I think we\'re over here, Matt.

01:08:55.527 --> 01:08:59.578
[cameras shutters clicking]

01:09:04.137 --> 01:09:09.060
- First of all, let me
start out by expressing

01:09:09.060 --> 01:09:12.120
my sincere condolences

01:09:12.120 --> 01:09:13.643
to the Steinle family.

01:09:14.978 --> 01:09:19.978
I hope that they do not
interpret this verdict

01:09:20.170 --> 01:09:25.170
as diminishing in anyway the awful tragedy

01:09:25.320 --> 01:09:28.300
that occurred and that
their family has suffered.

01:09:28.300 --> 01:09:30.740
(Jeff) The challenge of the
defense was that they had

01:09:30.740 --> 01:09:35.700
to present the evidence,
not only to the jury,

01:09:35.700 --> 01:09:37.570
but also to the community.

01:09:37.570 --> 01:09:42.120
- Nothing about Mr.
García Zaraté\'s ethnicity,

01:09:42.120 --> 01:09:44.840
nothing about his immigration status,

01:09:44.840 --> 01:09:48.430
nothing about the fact
that he is born in Mexico,

01:09:48.430 --> 01:09:53.430
had any relevance as to what
happened on July 1st, 2015.

01:09:53.930 --> 01:09:56.920
We believe the verdict is a correct

01:09:56.920 --> 01:09:59.450
and accurate reflection of
the law and what happened.

01:09:59.450 --> 01:10:02.890
- This jury\'s verdict should be respected.

01:10:02.890 --> 01:10:07.598
They heard the evidence,
they deliberated as a group,

01:10:07.598 --> 01:10:09.930
they heard readback testimony,

01:10:09.930 --> 01:10:13.040
they looked at the physical
evidence and they rendered

01:10:13.040 --> 01:10:15.640
a verdict to the best of their abilities

01:10:15.640 --> 01:10:17.300
in accordance with the law.

01:10:17.300 --> 01:10:18.720
- From day one,

01:10:18.720 --> 01:10:23.663
this case was used as
a means to foment hate,

01:10:24.530 --> 01:10:29.250
to foment division,
and to foment a program

01:10:29.250 --> 01:10:30.833
of mass deportation.

01:10:31.670 --> 01:10:35.189
And I believe today is a vindication

01:10:35.189 --> 01:10:36.694
for the rights of immigrants.

01:10:36.694 --> 01:10:41.694
- For those who might
criticize this verdict,

01:10:41.940 --> 01:10:43.960
there are a number of
people that have commented

01:10:43.960 --> 01:10:47.080
on this case in the last couple of years,

01:10:47.080 --> 01:10:49.830
the Attorney General of the
United States, the President,

01:10:49.830 --> 01:10:52.090
the Vice President of the United States.

01:10:52.090 --> 01:10:56.480
Let me just remind them
that they are themselves

01:10:56.480 --> 01:11:00.290
under investigation by special prosecutor

01:11:00.290 --> 01:11:01.570
in Washington, DC,

01:11:01.570 --> 01:11:05.770
and they may themselves
soon avail themselves

01:11:05.770 --> 01:11:08.660
of the presumption of innocence and beyond

01:11:08.660 --> 01:11:10.460
a reasonable doubt standard.

01:11:10.460 --> 01:11:12.800
And so I would ask them
to reflect on that before

01:11:12.800 --> 01:11:16.505
they comment or disparage
the result in this case.

01:11:24.420 --> 01:11:26.690
- How can you make a
comparison with this man

01:11:26.690 --> 01:11:28.960
and with President Trump,
when he should not have been

01:11:28.960 --> 01:11:32.050
in this country, why was this
not involuntary manslaughter?

01:11:32.050 --> 01:11:34.960
- It\'s not involuntary
manslaughter because in order

01:11:34.960 --> 01:11:38.120
to prove it, the prosecution
had to prove brandishing

01:11:38.120 --> 01:11:40.710
of a weapon, which is in a rude, angry,

01:11:40.710 --> 01:11:43.760
or threatening manner,
and criminal negligence,

01:11:43.760 --> 01:11:46.837
which would be that he
knew that he had a gun

01:11:46.837 --> 01:11:50.520
and he handled it in a way
that was dangerous to others.

01:11:50.520 --> 01:11:53.920
The jury clearly rejected that
having heard the evidence.

01:11:53.920 --> 01:11:55.500
(Juror)
No one was around this guy, right?

01:11:55.500 --> 01:11:57.370
He wasn\'t really in
the presence of others.

01:11:57.370 --> 01:11:59.220
They were 90 feet away.

01:11:59.220 --> 01:12:02.630
And he certainly wasn\'t doing
it in like a threatening

01:12:02.630 --> 01:12:05.210
or menacing manner, it
didn\'t appear so, right?

01:12:05.210 --> 01:12:07.670
No one even really saw him with the gun.

01:12:07.670 --> 01:12:09.586
And so we asked the judge,

01:12:09.586 --> 01:12:11.900
if we find him not guilty of brandishing,

01:12:11.900 --> 01:12:13.620
must we also find him not guilty

01:12:13.620 --> 01:12:15.560
of involuntary manslaughter?

01:12:15.560 --> 01:12:18.607
Came back, yes. And we\'re like, okay.

01:12:18.607 --> 01:12:22.490
- You can\'t try a case
on the campaign trail.

01:12:22.490 --> 01:12:25.802
You can\'t try a case via tweet.

01:12:25.802 --> 01:12:28.280
You can\'t try a case no
matter how many people

01:12:28.280 --> 01:12:30.495
want to assume a verdict.

01:12:30.495 --> 01:12:33.554
if not for a full-throated,

01:12:33.554 --> 01:12:35.270
incredibly thorough defense,

01:12:35.270 --> 01:12:37.030
this guy might\'ve gotten railroaded.

01:12:37.030 --> 01:12:38.040
And that would have been that.

01:12:38.040 --> 01:12:40.950
And nobody would have
said a word about it.

01:12:40.950 --> 01:12:42.666
He would\'ve gone away for life.

01:12:42.666 --> 01:12:43.566
Tense dramatic music

01:12:43.566 --> 01:12:45.520
- A striking evening in justice,

01:12:45.520 --> 01:12:47.920
and in the cases revolving
around immigration

01:12:47.920 --> 01:12:49.830
and illegal immigration in this country,

01:12:49.830 --> 01:12:53.435
as Kate Steinle finds
no justice this evening.

01:12:53.435 --> 01:12:57.419
- Build Kate\'s wall! Build Kate\'s wall!

01:12:57.419 --> 01:12:58.930
Build Kate\'s wall!

01:12:58.930 --> 01:13:03.850
- The President was using
him as a way to project

01:13:03.850 --> 01:13:07.060
a pathology onto all
Mexicans or all immigrants,

01:13:07.060 --> 01:13:10.218
or even all Mexican immigrants
who might even be criminal.

01:13:10.218 --> 01:13:13.750
And I see that happen over
and over and over again,

01:13:13.750 --> 01:13:16.041
but only happen among people of color.

01:13:34.417 --> 01:13:36.791
Jeff Adachi, fight the power!

01:13:36.791 --> 01:13:39.067
Jeff Adachi, fight the power!

01:13:39.067 --> 01:13:41.259
Jeff Adachi, fight the power!

01:14:19.821 --> 01:14:23.071
[gentle, upbeat music]