tv Lockup MSNBC December 8, 2013 9:00pm-10:01pm PST
due to mature subject matter, viewer discretion is advised. >> unlike prisons that house individuals convicted of crime, jails predominantly contain those accused of a crime and awaiting trial. >> get down! >> get on the ground now! >> get on the ground! >> but the challenge of maintaining order in this world is every bit as great.
>> so when there's issues and we end up with racial -- basically wars -- >> it's a world where tensions run high. >> so as i'm coming down the steps and i turn my head away and look to the side, he run up and swing. that's how the fight started. >> and for a mother and son accused of a heinous murder, the daily drama can be overwhelming. >> i just want to hug my baby one time before he goes to let him know that i love him and that i'm sorry for being the mom that i was.
♪ >> this place sucks, man. it really does. >> located on a 400-acre lot southwest of downtown phoenix, the maricopa county jail consists of four indoor facilities that house up to 5,700 inmates and two outdoor tent facilities that can house another 2,000 men and women. a fifth indoor facility is located four miles away in the heart of the city. the fourth avenue jail houses approximately 2,000 male inmates considered amongst the highest security threats. while some have actually been convicted of crimes and are awaiting transport to prison, most are still facing trial or sentencing for everything from i.d. theft to murder.
maintaining order here is up to a significantly smaller staff of detention officers. >> in sheer volume, we are greatly outnumbered, so we try to reduce that by finding out who the shock callers are and going about working smarter rather than harder. >> shot callers are highly ranking members of racially segregated gangs who try to control the inmates within their housing units. in a jail system where inmates of different races are housed together, that can lead to trouble. >> prisons segregate. jail settings do not. >> we don't segregate by gangs, either. so you could have two bloods and a crip in the same cell. >> for the most part, they've got to get along. they're in a jail system, they're waiting to go to court and be deemed either innocent or guilty. until then, they're going to function in our system the way the sheriff wants it run.
>> big bro. i want you to take bam bam. >> sergeant erby leads one of maricopa's special response teams. a s.w.a.t.-like unit of highly trained sheriff's deputies. >> you all want them cuffed and brought out of there? for right now we're going to put them in the holding tank until after we search. >> are we searching first? >> yeah. all right? you've got a green light. all right? let's go. >> now with suspected gang activity on the rise, the team has been called in to clean house. >> how are you doing, man? >> we have identified several individuals that we deem to be heads of certain races. we've got chicano race, we've got the pisa race. and we've got the white race. so when there's issues, we end up with racial, basically wars. >> check your equipment. >> go, go, go, go, go.
>> get down! >> get on the ground! >> get on the ground! >> get on the ground now! >> i want them out. put your hands on the back wall. let's go! >> come on down here and have a seat. i want you to sit down, take your hands off your head. gentlemen, those of you sitting on the floor, there will be no talking. >> open 17. >> you, have a seat right there facing the glass. >> when we came in what we did was fired a bored thunder. basically it's a flash bang and a shotgun round. that's to get their attention and to get them to understand we mean business when we come through the door. it's called a dynamic entry. we dropped them all right where they were. >> the five suspected shot callers are removed from their cells without incident in a matter of minutes. >> we had a group of inmates five of them that are heads within their own races and they're trying to run the pod. so what we did was we went to
jail intel, we found out who they were. and now we've basically shifted them to the winds. >> dispersing the shot callers will help reduce gang activity for the time being. but it won't stop the racial divide between inmates. cecil kunkel has spent time in the hole for refusing to house with african-americans. >> tell me why. >> because it's wrong. i'm walking around with white power on me. why am i going to house up with them? it's nothing personal. it's just the way it is. >> these days kunkel is less concerned with race relations than he is with putting maricopa behind him. most of the inmates like him who are still facing charges will plea bargain for shorter prison sentences than they might get if found guilty at trial. but kunkel is so convinced of
his case he's banking on 12 jurors to look past his appearance and set him free. >> my case is cold cut. it's either guilty or not guilty. but i feel if i bring my case in front of 12 people, somebody in there is going to agree that i was entrapped. >> kunkel says an undercover cop lured him into a crime he never intended to commit. >> i had a car stereo. i approached him, hey, you want to buy a stereo? and he was like, no, but if you can get some checks and credit cards, i'll be interested in that type of merchandise. so i went out and got them and came back, sold it to them. nine months later, they charged me. i'm not denying i committed the crime, but the state set me up. you've got undercover cops out there, intentionally, intentionally coming after people like me, just how i look and my past. people see me on the streets, you know, with all the tattoos and i get a vibe of like, they think i'm a bad guy.
but i'm not a bad guy, you know what i mean? i'm a product of the state. this is how the state made me. >> some of kunkel's tattoos are inflammatory, such as the swastika on top of his head. others, like the teardrop and the dots below his eye, are often associated with gang-related violence. but kunkel says his are different. >> so how about these tats up here? >> that's my mom. she passed away. >> over here? >> no comment. >> okay. how about on your head? >> no comment. >> approximately 15 minutes after our interview with him, kunkel's tattoos led to serious trouble. jail security cameras pick him up at the bottom of his housing pod staircase. he has words with an african-american inmate and suddenly violence breaks out.
the two men exchange numerous blows as other inmates gather around them. the brawl seems to last for an extended period of time. but it's actually only 41 seconds before security staff can assemble enough officers to not only break up the fight but to safely secure the pod in order to prevent other inmates from getting involved. >> i believe that the tattoos is basically the main reason for the fight and that the blacks were disrespected by it. when an inmate that has tattoos, such as that gentleman did, they tend to be -- when you flash them like that, it tends to disrespect a lot of other inmates. coming up -- >> we don't like cecil kunkel.
>> things heat up for cecil kunkel. >> you see the swastika on his head? going to get carved right off. scalp his ass. peel it [ bleep ] back. >> peel it back. >> and authorities try to get to the bottom of the brawl. >> you're not helping me out in the situation. >> i'm not saying nothing. ♪ at any minute... ...you could be a victim of fraud. most people don't even know it. fraud could mean lower credit scores... ...and higher interest rates when you apply for a credit card. it's a problem waiting to happen. check your credit score, check your credit report,
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>> we don't like cecil kunkel. >> you see that swastika on his head, going to get carved right off. >> 82, yeah, man. >> scalp his ass. take the whole thing off. >> peel it [ bleep ] back. >> peel it back. >> how does everybody know cecil? >> because when you do so much talking and you catch so many enemies, it's not everybody else. at some point in time you have to realize, it's not everybody else, maybe it's me. you see what i'm saying? that's as simple as it's going to get. it can't be everybody else in the world that keep [ bleep ] you over. maybe you [ bleep ] them over and they're tired of it. >> that's real fourth avenue talk right there. ♪ one, two i'm coming for you ♪ three, four better hit the floor ♪ >> two floors above fourth avenue's general population pod is one of its highest security housing units where inmates considered too dangerous to freely move among the rest of the population are housed.
albert surmaino has lived in one of these extremely sparse cells for nearly four years as his case has lingered on in the courts. >> it's like i'm never going to get out. it's my home the rest of my life. i'm only 23 years old. i've been here since i was 20. >> he's accused of taking part in a heinous murder. >> they're trying to say i'm the one that planned it out and i'm the one that had everything to do with it, i'm the ringleader basically, and so on. >> and the prosecutor wants him to pay for the crime with his life. >> he says it was a brutal crime, that we didn't have no remorse in what we did, how we beat this dude up, like we just didn't care. but it wasn't like that, you know what i mean? it's just we were up on dope and didn't know when to stop. no one meant to hurt this dude like that, it was a robbery gone bad, basically. >> while prosecutors contend he was the ringleader, they say he wasn't alone. the jail currently houses four co-defendants who are especially close to him. >> one's my mom, my brother, my
ex old lady and my mom's boyfriend. >> the district attorney says surmaino's girlfriend lured a 47-year-old man to surmaino's mother's home. and that when they arrived, cermano and the others robbed and hog tied him before killing him with garden shears and dumping his body in the desert. facing a possible death sentence, cermano says he's tried to make the best of life at maricopa. >> i only went to two days of high school but since i've been here these past four years, i taught myself to read. i can read good now. i go through books like crazy. >> got some books for you, man. here you go, cermano. >> appreciate it, man. thank you. >> no problem, man. >> i like the romance books. yeah, i like them romance books, but i like to read anything. westerns, mysteries, action. i'll read anything. if it interests me and it's a page turner, i'll read it. if it's not, i throw it away or
give it to someone else. ♪ no fairy tales no fairy tales see me stranded in jail ♪ ♪ see me stranded in jail jail >> back downstairs, sergeant shamrock is investigating the fight between cecil kunkel and robert hurd to determine if one or the other provoked it. >> i'll talk to the inmates at hand and if there's further questioning that needs to be done, i'll talk to the officers and we may review some cameras and come to a determination. the exact amount of discipline that we're going to give them. robert hurd? is that you? >> what's going on, sarge? >> how you doing? >> all right. >> you got a write-up here, i see. >> yeah. >> yeah? what happened? >> pretty much, man, i didn't have no forewarning or anything, i just got tagged first, man. >> because what i'm reading here and from what the officer is saying, that it was a mutual conduct fight between you and the other inmate. >> well, all you got to do is look at the camera, man. >> you want me to review the camera? >> yeah. >> i can do that but at this
point you may sit in here for another couple days until i get determination of your involvement in the incident. and i'll come back and talk to you in a little bit when i get some more information. >> all right. >> okay? >> shamrock then visits kunkel to get his side of the story. >> mr. kunkel. i'm here to see you again. this is like twice in like three weeks. what's going on? >> nothing. >> nothing? >> nope. >> you recall this incident with mr. hurd? >> no, i'm not saying nothing. >> you're not saying nothing? you don't want to work with me on this? >> there ain't nothing there. >> well, i'll tell you what, i'm going to put an extension on this incident. i'm going to investigate it, you want me to review cameras or film, i'll go ahead and do that. >> i don't want an extension. >> well, that's what you're going to get. you got an officer that's saying one thing, you're telling me you know nothing about it. i've got a guy down there that's telling me he's a victim. okay? >> that's up to you. what i'm saying, why you got to go interview tapes or keep me in
here longer? >> you're looking at 30 days in here. >> i know. >> you're not helping me out in this situation. i'm here to help me, i'm here to listen to what you've got to tell me. what you're saying has nothing -- is not even jiving with this thing here. you've got nothing else to add to this thing? >> nope. >> okay. i'll have a determination made by the end of the day. >> a short time later, kunkel asks to speak with shamrock again. >> when i came back and spoke with him, he told me, he said, i was involved in a fight. i asked him where he got the scratches from his face. and he said, the other guy hit me a couple of times but it was mutual, and right now it's quashed. so he really doesn't have any issues with the guy right now. coming up -- maricopa special response team attempts to recover a homemade cuff key from an inmate considered to be especially dangerous. >> don't move. don't move, don't move. >> and later, they turn the jail inside out in search of a very important missing key.
>> the set of keys for the armory, for some reason we've got a bathroom key on there and a lot of civilians borrow that key to use the restroom. you know, ronny... folks who save hundreds of dollars by switching to geico sure are happy. and how happy are they jimmy? i'd say happier than a bodybuilder directing traffic. he does look happy. get happy. get geico. fifteen minutes could save you fifteen percent or more on car insurance.
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day-to-day security at the maricopa county jail in phoenix is handled by detention officers. sheriff's deputies assigned to the jail and who are the front line in maintaining order. they're backed up by the jail's intelligence division, which is constantly gathering information on potential problems before they can escalate. >> the key's going to look like this. >> okay. >> it's going to be pretty much just etched out of the toothbrush. >> okay. >> all right. >> but we've got to hit them quick because if not he'll swallow it. >> all right. >> the fourth avenue jail's intelligence division suspects one of its maximum security inmates of having a homemade handcuff key. >> do the cells in four bravo 200, 100, 3, 4. do they have the back windows into the water wells? >> yes, they do.
>> okay, they do. we will be monkeying around in your water wells. if you call the briefing room and i don't answer right away, give me a couple minutes to get back here. >> sergeant nicholas heads the special response team that will attempt to retrieve the key. but to prevent the inmate from swallowing it, they must catch him by surprise. >> let's go to the water well. what the water well is, it's basically a plumber's access. you know, the toilets are mounted against the wall, the sink's mounted against the wall. we don't necessarily go in the cell to fix these. we go into the backwater well. the back walkway, it's full of plumbing. since we have the water well built, they decided, let's put windows. we go on a security walk, the inmates see us, they know that we're there. we can go in the water wells, turn off all the lights, and we can peer in those back windows. if the windows aren't covered with obstacles, deodorant, papers, towels. they think these security windows are a shelf for them to put their junk, when near not. they're not. they're for us. >> sergeant nicholas makes his way through the darkened water well to cell six in order to check on the inmate suspected of having the homemade cuff key.
>> this is cell six right here but he's got his window blocked so i don't know what he's doing inside. >> with his first surveillance attempt foiled, nicholas turns to more conventional means to confirm the inmate is asleep. >> when's your next security walk? >> nicholas asks one of the jail's detention officers to walk by the inmate's cell. >> don't do anything out of the ordinary, just go on a security walk and tell me what he's doing. hopefully if he's asleep we're literally going to jump him while he's out. we don't want him to have access to anything before we get there. >> once it's confirmed the inmate is still asleep, nicholas finalizes the entry plan with his team. >> okay. he's dead asleep. >> you got the shotgun? you need to ditch the shotgun and go in second or go in behind me. >> i'll go hands on with barton. >> cool. so i don't have to get dirty today? >> no. i'll spare you. >> oh. all right. let's get this stuff secure.
>> with their plan in place, the team heads to the sleeping inmate's cell. his name is albert cermano. >> don't move. don't move. let me see your hands. let me see your hands. roll on your back. roll on your back. relax. cermano, right? >> uh-huh. >> all right. okay. i'm going to roll you on your side, all right? okay. put your feet over here, man. hold on. while you got him flat, i want his trousers off and socks off. put your hands up against the wall. pick up one leg. out. >> i got him. i'm going to back him out. over here, sarge. check his boxers.
pat him down real quick in case he's got it somewhere on him. >> i got it. we're going to check his boxer and stuff. >> while cermano is strip searched, the intelligence unit inspects his cell for the key. >> see, they hide stuff inside the toilet paper rolls. it's a nightmare to actually get in there and spot anything in there, especially small items like razors and things like that. >> use one of your hands. pull your bottom lip down. upper. >> see, they try to resew it and try to hide stuff in there. >> run your fingers through your hair. take your boxers off and hand them to me. >> though the key has yet to turn up, intelligence officers find other contraband. it involves the one thing cermano treasures the most. his books. >> these are messages that one gang member is writing to another. these messages will go throughout the facility and that way they'll know these guys are
here. they'll also write other messages that have to do with the same thing, like trying to get people, assault people, whatever, and they're actually able to hand these over to the staff and the staff sometimes misses it in searches, and actually passes the messages over to other inmates. >> have a seat right here. >> i seen them jump on me, i thought, hell, no. i thought they were going to [ bleep ] pick me up and throw me on the ground. i was, like, [ bleep ] this. i didn't want to resist because i didn't want to get tased. i mean, i was like [ bleep ]. >> the search didn't turn up anything, which is good, but we did find in his boxers an opening where something could have been hidden. but it wasn't there at the time we did the search. right now we're calling it off and we'll continue to monitor the situation and see where it goes. >> i'm not [ bleep ] planning to do nothing to get any more charges, or keep myself more locked down than i am.
we don't get to barely come out as it is. >> all right. coming up -- two versions of a jailhouse fight. >> as i'm coming down the steps, i turn my head away and look to the side, he run up and swing. that's how the fight started. >> it's a one-on-one fight. it's a dead issue now. you know what i mean? [ male announcer ] and roasted white meat chicken. just like yours. [ male announcer ] you'll think it's homemade. i love this show. [ male announcer ] try campbell's homestyle soup. and you work hard to get to the next level. it feels good when you reach point b, but you're not done. for you, "b" is not the end. capella university will take you further, because our competency-based curriculum gives you skills you can apply immediately, to move your career forward. to your point "c." capella university. start your journey at capella.edu.
here's what's happening. the snow and ice that wreaked havoc throughout western texas has moved to the northeast. reagan airport near the nation's capital has grounded all flights and multi-car pileups have happened in wisconsin and pennsylvania. at least one person was killed. thousands gathered sunday in santa clarita, california, to pay their respects to actor paul walker who died there in a car accident. the memorial was planned through social media. let's get you back to the program. due to mature subject matter, viewer discretion is advised.
get down! >> hey, i need that dude up there strip searched. >> the special response teams at the maricopa county jail in phoenix, arizona, have a broad range of responsibilities. they respond to crisis situations. >> go, go, go! >> conduct cell inspections for weapons and drugs. >> once they're strip searched they're going into the rec yard. >> and escort high-profile inmates to court, to name a few. but sometimes they find themselves taking on very different duties. >> gentlemen, get up. >> one minute it can be exciting and one minute it can be you're looking through garbage. it's got its ups and downs, but for the most part, it's got its ups. >> having recently shaken down albert cermano -- >> let me see your hands. let me see your hands. >> -- who they incorrectly suspected of having a homemade
cuff key, they're now in search of another key. a missing key. -- it is we hope either an officer inadvertently took them home and hasn't realized it yet, but apparently all the phone calls have been made and everyone claims they don't have the keys. so what we're going to do is tear this level apart. i want you two, you're going to check the clinic. you two, start tearing this core apart, give her a hand. we're going to literally tear this whole level apart, cell by cell. >> the missing key is to the jail's armory, where nonlethal, though still very dangerous, weapons are stored. >> start tearing the place apart. ♪ >> since the missing armory keys could very well be in the hands of an inmate by now, no part of the jail is left out of the search. >> they could have cut out a
space inside the books to plan to steal the keys and then once they did, hid them in here not thinking, oh, they won't check in the chapel, you know? >> help me out in here but start from behind the door, work this way. i already got all this out. >> but as his officers turn the unit upside down, sergeant nicholas gets wind of new information that further complicates matters. >> the set of keys for the armory, for some reason we've got a bathroom key on there and a lot of civilians borrow that key to use the restroom. so now the whole missing keys just got worse. so not only may an officer have misplaced it but we might have a nurse, religious volunteer or somebody may have used the restroom, stuck it in their pocket and gone home. so note to self, take bathroom key off of armory key set. >> while the key could be almost anywhere in this massive jail system, it's probably not with cecil kunkel.
he's in the middle of a 20-day lockdown for having fought with another inmate. >> it was a one-on-one fight, and it's a dead issue now, you know what i mean? it is what it is. it's no big thing. it's something that always happens. it ain't nothing, you know what i'm saying? that's all there is to it, you know? >> kunkel claims his conflict with inmate robert hurd was just a run-of-the-mill jailhouse fight. but hurd says kunkel sucker-punched him to avoid a fight with a bigger inmate who was angry kunkel was flaunting his tattoos. >> when he got caught up with the big black guy he was nervous to fight that certain person. so he was looking for a plea bargain, basically, a way out, to sign out. so the way to sign out is to run up in the middle of a pod where there's cameras at and run up and swing on somebody who the police can see what's going on and come break it up. and that way he get moved so he won't ever have to face that man. so as i'm coming down the steps, one of my peoples ask something to me and i turn my head away,
look to the side and he run up and swing and that's how the fight started. >> after officials investigated the fight and viewed the surveillance footage, they cleared hurd of any wrongdoing and gave kunkel additional time in segregation. >> show all them tattoos and all them swastikas don't mean nothing, know what i mean? if you can't stand behind them and stand on it or be a man and handle your own situation with the person you have a problem with, don't pick a fight with the little perpendicular and still get up. i mean, it kind of speak for itself. >> though kunkel has made some enemies during his time at maricopa, he also has his supporters. >> it seems like every pod you go into, there's guys after him. >> yeah. i don't know what it is, man. he's not a bad guy, he's just -- i don't think people like him. i don't know why. there's other people that have tattoos. you know? everybody wants to get at him. >> josh pike has known kunkel's family for most of his life. while they're not relatives, he thinks of kunkel as his cousin. >> look, there's my cousin.
hey! >> is cecil a racist? >> i can't really answer that. i'm not sure. because of his tattoos? >> yeah, he's got a huge swastika on his head. >> yeah. yeah. no. i mean, that doesn't mean you're a racist, you know what i mean? that doesn't signify that you're a racist. >> what does it signify? >> that i can't talk about. know what i mean? unfortunately i can't talk about that. >> tell me why. >> it's like kind of like our thing, you know what i mean? as far as being a convict. >> while pike wouldn't say what kunkel's tattoos signify, he has an unlikely ally in his claims that kunkel is not a racist. >> i know some real white boys are real racists. he's not one of them. real skinheads, they don't get hot, know what i mean? he's a nobody. you know? >> what do you think when you see a swastika on his head and all that stuff? >> first off, i may feel a little hot, that's natural. but when i look at the person that it is and i find out about
that person and where that person is, it's like they're ignorant. so it's like funny to me. like i laugh it off, ha ha. don't disrespect me, i won't disrespect you. >> after his stay in segregation, kunkel is less interested in respecting any of his fellow inmates than he is in just putting them all behind him. >> on tuesday? all right. thank you. all right. i start trial tuesday. start picking my jury on tuesday. and just go from there, i guess. >> knowing he would soon be facing a jury, kunkel's lawyer also advised him to grow his hair. >> because when you go in there looking the way i look, people are like, damn, this dude's been in prison all his life. he's got to be [ bleep ] up. know what i mean? i don't want people to think that about me. know what i mean? they offered me three plea bargains already and i turned all of them down because i believe that at least one person on that jury panel will be like, you know what, he was entrapped and i can't convict him on that. and if i didn't feel that way, i would have took the plea bargain
a long time ago. let's see what they have to say about it. i'm willing to roll the dice. coming up -- albert cermano tries unsuccessfully to cut a deal to avoid a death sentence. >> they denied the 25 to life. i asked my lawyer to put in for the natural life. >> and in another part of maricopa, his mother comes to terms with her part in the murder that landed them here. >> i just want to hold my baby one time before he goes, to let him know that i love him and that i'm sorry for being the mom that i was. se seafood feast, just 15.99. start with soup, salad and cheddar bay biscuits then choose one of eight entrees plus dessert! four perfect courses, just 15.99. come in to red lobster today and sea food differently.
for a variety of crimes, cecil kunkel is about to defend himself in court for the first time. >> all right, buddy. i love you. stay out of trouble, all right? let me know what's going on. hey, cut your hair. >> [ bleep ]. >> i know, i'm in trial. >> with jury selection completed, his trial for selling stolen checks to an undercover police officer is about to get under way. >> i've made my share of mistakes, but, damn, i got set up this time, you know what i mean? >> kunkel heads through an underground tunnel from the maricopa county jail to the courthouse, where he will entrust his fate to 12 strangers. >> hopefully they believe my story. you know what i mean? because if they don't, then like i said, man, i'm done. it's all over but the crime, you know?know?
if they come back and say i'm guilty, my mindset's going to be like, it's not going to -- it's going to be [ bleep ] up. the real monster's going to come out. >> unlike kunkel, albert cermano, facing a possible death sentence for murder, was hoping to avoid a jury and cut a deal for 25 to life. but he's just gotten word that the prosecutor said no way. so now it's on to plan b. letting his lawyers submit a plea bargain for natural life, meaning he will never be a free man. >> i've asked my lawyer to ask for it because they denied the 25 to life. so i asked him to put in for the natural life, and he was telling me that's probably my best bet, too, because he says he don't even see a 50/50 chance of me winning my case. i just said [ bleep ] it. >> but there was a development with one of cermano's co-defendants. his mother connie, housed four miles away at maricopa women's facility, has pled guilty for her role in the murder.
but she says now she's more concerned about albert than she is herself. >> i found out friday that he's going to sign a plea for natural life. i broke down in the pod. all the girls hugged me and told me it's going to be okay, but they just don't understand. nobody in here can understand if they don't have their kids in here, incarcerated. i just want to hold my baby one time before he goes, to let him know that i love him and that i'm sorry for being the mom that i was. and just want him to stay strong. just stay strong. because he has a road to go. there's a lot of evidence against my son. >> connie is facing a sentence of at least 25 to life. her other son, carlos, has also signed a 25 to life deal for his role in the killing.
>> 25 to life is where you could have a chance to have parole, and natural life you'll never be able to come out again. you will die there. there's times that i want to end my life because of it. i just can't believe that we're here. i can't believe that my sons are -- i'll never see my sons again, my boyfriend again. just off of one mistake. >> cermano now holds out hope that the prosecutor will quickly accept his plea proposal for natural life. if for no other reason, he might get to sign the paperwork at the same time his mother signs hers. >> this is the last time i'll ever get to see my mom, so hopefully i'll have this court date on the 23rd and we'll see what happens, be able to hug her one more time, and that's it. >> step out, kunkel. >> cecil kunkel's future is
largely in his own hands now. with his trial about to get under way, he is released from his courtroom holding cell. although he will be allowed to change into civilian clothing to face the jury, the jury will never know underneath his shirt is a stun belt to prevent any misconduct. >> this thing ain't going to go off now, is it? >> i don't know. it depends on if you're squirrelly, it may go off. it's kind of sensitive. >> have you worn one of those before? >> no. first time. >> first time? >> one leg up. >> first time for everything, you know? >> you know what it is? >> i guess it's some type of taser device, i guess. i don't know. i don't know. i don't want to know what it is, tell you the truth. >> later, kunkel's moment of truth finally arrives. >> you do solemnly swear the testimony you're about to give will be the truth, the whole truth and nothing but the truth so help you god? >> yes, i do. >> he is about to take the stand
and hopes to convince a jury that he only sold stolen checks to an undercover officer because he was entrapped. >> do you remember the events that everybody was talking about? >> yes, i do. very well. >> in order to have any hope of getting an acquittal, kunkel's attorney, brian boreli, must establish that it was never kunkel's idea to sell the checks but that he was urged to commit the crime by the undercover officer. >> now, before you met the detective, had you ever planned to sell people's checks before that? >> absolutely not. i've went up on a truck and i asked him if he was interested in buying a stereo. and he said he's really not into that type of merchandise. but if i come across any checks or credit cards, he would be interested in that type of merchandise. >> did you know someone you could get them from? >> i had an idea of somebody i can get them from.
>> now, after your whole conversation with the detective, what did you think he would do if you brought him checks? >> well, obviously -- i was under the impression he wanted to buy them. >> if you hadn't met detective [ bleep ] would you have ever sold anyone's checks? >> no. if i wouldn't have never met him, i wouldn't be here right now. >> thank you. >> kunkel must now face off against the prosecutor. >> and the first thing that you asked detective [ bleep ], did you see the other person in the car? >> yes. >> okay. that was detective [ bleep ]? >> yes. >> and so the first thing you said to them was, hey, you guys cops? >> yes. >> so you wondered if they were cops. >> yes, i did. >> so you knew what you were doing was wrong? >> no. i just -- i wasn't trying to get wrapped up in anything bad. because -- like i -- like i was telling the jury earlier, where i'm from, the neighborhood that i'm from, there's police
everywhere. so i didn't want to get wrapped up in something like i am in in now is what i'm saying. >> nothing else, judge. >> i'll go over the jury questions. thank you very much. >> thank you. >> after kunkel's testimony, brian boreli makes his closing arguments to the jury. >> good afternoon, ladies and gentlemen. some of you may believe cecil's no angel, he sold the checks. i don't care what the officers did. but remember what the judge told you. you can believe the law is wrong but you must follow the law. the law says if it was the officer's idea, which it was, if the officer urged or induced him, which he did, and unless cecil was predisposed to commit this crime already, you must find him not guilty. ladies and gentlemen, i ask that you follow the law.
i ask that you find cecil not guilty. >> all right. thank you. >> with the jury convened, all that's left for kunkel is the waiting. and coming up, officers get a break in the missing armory key mystery. ♪ i want to spread a little love this year ♪ [ male announcer ] this december, experience the gift of unsurpassed craftsmanship at the lexus december to remember sales event. some of the best offers of the year. this is the pursuit of perfection. some of the best offers of the year. every day we're working to and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger.
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it's been a good day for sergeant david nicholas and the special response team. they had been searching for a lost key to the jail's armory where a battery of weapons is stored. >> miraculously the keys just appeared. they just showed up out of nowhere. found them on a desktop with no one to be seen. out of embarrassment, someone accidentally took the set of keys home.
didn't want anybody to find out about it. the next morning, snuck them back. >> do they still keep the bathroom key with the armory key? >> i do believe they have reconfigured their key sets and how they secure them. but give it six months, it will happen again and we'll go to plan "c." that's it. keys found, case closed. >> in a nearby courtroom, cecil kunkel's case is still open, but not for long. he's about to find out whether he will spend the next 15 to 61 years in prison for selling stolen checks to an undercover officer. >> all right. has the jury reached a verdict? >> we have. >> is it your position that you think you're hopelessly deadlocked? you don't think any further deliberations would help you reach a decision? >> right. >> okay. everybody's on the same page? all right. ladies and gentlemen, the court will declare a mistrial and excuse the jury.
>> the jury's inability to reach a verdict means kunkel's case will be tried again. but not being found guilty has left him energized. >> well, you know what, they're getting ready to go for round two. guess it was a deadlock, so get ready to go again. know what i mean? i was hoping to walk today, but obviously we have some people that believed i was guilty and some felt that i wasn't, so we'll just go back to trial. it ain't no big deal to me. >> how did you feel about the black judge when you walked in? >> i thought it was a good thing, to tell you the truth. >> how come? >> how come? because -- how come? because the majority of the judges out here will send your ass up the river quick. i'm not saying just because he's black he gave me a break or nothing like that, but like i said, i'm in here for them setting me up. >> but a retrial wasn't meant to be. a couple of weeks later, kunkel's lawyer reached a deal
with the prosecutor. kunkel will soon walk out of jail with one year of probation to complete. and before he leaves, kunkel has decided to return to his pretrial look. >> we're going to shave this dirt off my head. >> why is that? >> because i'm tired of having it. it was just to show for a minute. people see me with all the tattoos and they think -- they're going to think what they want. but there's -- you know what i mean, you've got to get to know me as a person, as a man, as a human, you you what i mean, before you jump to conclusions. you know what i'm saying? if you take the time to get to know me, you'll see, man, that i -- i feel i'm a caring person, a loving person, a person that has respect, respects others regardless of race and gender, whatever, you know what i mean? but if you cross that line, then, you know, it is what it is, man. i just take a day at a time. know what i'm saying? i'm not here to change people's
feelings, you know what i'm saying? either you like me or you don't. you know what i mean? if you don't like me, tell me. i don't give a damn. you know what i mean? >> what do you think? >> yeah. it's good. >> ready to get out? >> i'll hit it with a razor tonight. yeah. >> cecil, what's next? >> beautiful women and some good food. that's what's next. >> but even kunkel's surrogate cousin josh pike predicts the good times might not last for long. >> six months to a year. if he ain't back by then, he should be out for a while. i'm happy that he's out but i'm pissed they let his ass out. >> what? >> i want to beat him up now. look at him. you know what, though? that gives me hope. if that tattooed ass [ bleep ], if they let him out, then there's hope for me. i guess. >> what's not next? >> coming back to jail.