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1
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Seems like forever
since my trial.
2
00:00:10,386 --> 00:00:12,119
Ten years.
3
00:00:13,356 --> 00:00:16,924
They kept showing this picture
of what he looked like before.
4
00:00:16,926 --> 00:00:20,094
Lieutenant O'Connell.
5
00:00:22,765 --> 00:00:26,734
They talked about
how he was brave,
6
00:00:26,736 --> 00:00:30,004
how he served
his country,
7
00:00:30,006 --> 00:00:32,974
how he took his mother out
for dinner every Sunday.
8
00:00:35,111 --> 00:00:38,913
Then they showed the picture
of him after he was gone.
9
00:00:38,915 --> 00:00:41,882
He was wearing
his uniform,
10
00:00:41,884 --> 00:00:44,418
and his head...
11
00:00:46,022 --> 00:00:47,088
(gavel banging)
12
00:00:47,090 --> 00:00:49,757
I see that picture
when I close my eyes.
13
00:00:49,759 --> 00:00:51,892
(gavel banging)
MAN: Order!
14
00:00:51,894 --> 00:00:53,628
Order in this courtroom!
15
00:00:53,630 --> 00:00:55,429
(gavel banging)
16
00:00:55,431 --> 00:00:58,199
They said he was
bound and dragged.
17
00:00:58,201 --> 00:00:59,867
I imagine it in my head.
18
00:00:59,869 --> 00:01:02,136
(crying):
No, please! Please, no!
19
00:01:04,407 --> 00:01:08,042
He was hit so hard,
the side of his head caved in.
20
00:01:08,044 --> 00:01:09,343
O'CONNELL:
No!
21
00:01:12,181 --> 00:01:13,948
HICKS:
I imagine it all.
22
00:01:13,950 --> 00:01:17,818
Everything they said,
23
00:01:17,820 --> 00:01:19,553
everything they showed
in that courtroom--
24
00:01:19,555 --> 00:01:22,590
it's in my head,
and it won't go away.
25
00:01:22,592 --> 00:01:25,860
And everyone who looks at me...
26
00:01:27,497 --> 00:01:29,997
...they think I did that to him.
27
00:01:29,999 --> 00:01:33,434
Did you, Gabriel?
28
00:01:33,436 --> 00:01:36,170
Did you murder
Lieutenant O'Connell?
29
00:01:38,074 --> 00:01:40,308
No.
30
00:01:42,445 --> 00:01:44,445
Then start from the beginning.
31
00:01:44,447 --> 00:01:46,681
Tell me how you ended up here.
32
00:01:49,619 --> 00:01:51,819
I was framed.
33
00:01:51,821 --> 00:01:53,688
By who?
34
00:01:53,690 --> 00:01:56,290
NCIS.
35
00:01:59,295 --> 00:02:03,295
♪ NCIS 15x07 ♪
Burden of Proof
Original Air Date on November 7, 2017
36
00:02:03,319 --> 00:02:10,219
== sync, corrected by elderman ==
@elder_man
37
00:02:10,243 --> 00:02:31,307
♪
♪
38
00:02:32,361 --> 00:02:33,760
Morning, Bishop.
39
00:02:33,762 --> 00:02:37,464
Hey, McGee, cannot wait to
work with you today, bud.
40
00:02:37,466 --> 00:02:38,932
Why are you
so chipper?
41
00:02:38,934 --> 00:02:40,634
Well, Bishop,
42
00:02:40,636 --> 00:02:43,136
I woke up this morning,
and I realized that
43
00:02:43,138 --> 00:02:46,506
all of my T-shirts
are too small.
44
00:02:46,508 --> 00:02:48,008
Well, I could've
told you that.
45
00:02:48,010 --> 00:02:49,409
They're practically
child-sized.
46
00:02:49,411 --> 00:02:50,377
No, man.
47
00:02:50,379 --> 00:02:51,612
It's my arms.
48
00:02:51,614 --> 00:02:54,081
My biceps are
gaining inches, man.
49
00:02:54,083 --> 00:02:57,417
All those reps are...
are really paying off, baby.
50
00:02:57,419 --> 00:02:58,485
I woke up this morning,
51
00:02:58,487 --> 00:03:00,053
I looked down at my arms,
52
00:03:00,055 --> 00:03:01,622
and you know when you know?
53
00:03:01,624 --> 00:03:03,056
I-I just knew
54
00:03:03,058 --> 00:03:07,127
that today was gonna be
a great day, for all of us.
55
00:03:07,129 --> 00:03:09,129
So all of us are gonna have
a great day
56
00:03:09,131 --> 00:03:10,197
because of your muscles?
57
00:03:10,199 --> 00:03:12,165
Mm-hmm.
SLOANE: Hey, Nick.
58
00:03:12,167 --> 00:03:13,500
Incoming.
59
00:03:13,502 --> 00:03:15,736
What the hell?
60
00:03:15,738 --> 00:03:17,371
It's a gift.
61
00:03:18,274 --> 00:03:19,506
Foxy Feet Pedicure Kit,
62
00:03:19,508 --> 00:03:21,675
as seen on TV.
Buy one, get one free.
63
00:03:21,677 --> 00:03:23,110
So, you're welcome.
64
00:03:23,112 --> 00:03:24,611
Wait. This is
65
00:03:24,613 --> 00:03:26,079
for your feet.
66
00:03:26,081 --> 00:03:27,414
Why would I want this?
67
00:03:27,416 --> 00:03:29,616
I could've sworn
you were the type
68
00:03:29,618 --> 00:03:31,652
who self-pedicured
at least once a week.
69
00:03:31,654 --> 00:03:32,719
You know the drill.
70
00:03:32,721 --> 00:03:35,122
Well, I don't know
the drill, but, uh,
71
00:03:35,124 --> 00:03:37,758
thank you, I guess.
I-I don't think so.
72
00:03:37,760 --> 00:03:40,360
Got it. As you were.
73
00:03:40,362 --> 00:03:42,229
You know, I bet
you would go to great lengths
74
00:03:42,231 --> 00:03:44,298
to prevent any kind
of physical imperfection.
75
00:03:44,300 --> 00:03:45,866
BISHOP:
Mm-hmm, and Sloane is
76
00:03:45,868 --> 00:03:47,634
really good at
reading people.
77
00:03:47,636 --> 00:03:49,069
Oh, come on, guys.
78
00:03:49,071 --> 00:03:50,103
I already told you.
79
00:03:50,105 --> 00:03:51,838
I spend every free minute
I get in the gym.
80
00:03:51,840 --> 00:03:53,707
I don't have time
to do this kind of stuff.
81
00:03:53,709 --> 00:03:55,909
Fine. I'll take it.
No, I'm taking it.
82
00:03:55,911 --> 00:03:58,345
Oh, hey, what's up, Gibbs?
83
00:03:59,114 --> 00:04:00,213
Dead body, boss?
84
00:04:00,215 --> 00:04:02,182
Nope.
85
00:04:05,020 --> 00:04:07,087
Special Agent Gibbs.
86
00:04:07,089 --> 00:04:08,755
Jessica Shaeffer,
federal public defender.
87
00:04:08,757 --> 00:04:10,757
Pleasure.
88
00:04:10,759 --> 00:04:13,627
I'll assume you won't mind
if I forego the B.S.
89
00:04:13,629 --> 00:04:15,696
No.
90
00:04:15,698 --> 00:04:17,597
Six months ago,
I took on the case
91
00:04:17,599 --> 00:04:19,199
of a man named
Gabriel Hicks.
92
00:04:19,201 --> 00:04:22,502
He was convicted of
kidnapping, robbing
93
00:04:22,504 --> 00:04:24,805
and murdering Navy Lieutenant
Edward O'Connell.
94
00:04:24,807 --> 00:04:27,074
Hicks was
wrongfully convicted.
95
00:04:27,076 --> 00:04:30,344
He served ten years on death row
for a crime he didn't commit.
96
00:04:30,346 --> 00:04:32,312
O'Connell's murder
was before my time.
97
00:04:32,314 --> 00:04:34,748
I thought maybe you could
fill in the blanks, Gibbs.
98
00:04:34,750 --> 00:04:37,184
Wasn't my case.
But you remember it.
99
00:04:37,186 --> 00:04:38,585
Joint investigation
100
00:04:38,587 --> 00:04:39,953
with the FBI.
101
00:04:39,955 --> 00:04:42,622
If she thinks
Hicks is innocent...
102
00:04:42,624 --> 00:04:45,092
She thinks that we botched
the investigation.
103
00:04:45,094 --> 00:04:47,227
Actually, I thought
you framed him.
104
00:04:47,229 --> 00:04:49,029
Luckily for you,
105
00:04:49,031 --> 00:04:50,630
I found no evidence of that.
106
00:04:50,632 --> 00:04:54,935
But what I have found are
some rather jumbled reports
107
00:04:54,937 --> 00:04:56,670
written by the NCIS point.
108
00:04:56,672 --> 00:04:58,005
Special Agent Mark Mason.
109
00:04:58,007 --> 00:04:59,339
Died of a heart attack
110
00:04:59,341 --> 00:05:00,640
five years ago, I'm aware.
111
00:05:00,642 --> 00:05:02,275
I'm mid-trial on
this thing, Director.
112
00:05:02,277 --> 00:05:03,810
I have done
my homework.
113
00:05:03,812 --> 00:05:06,580
But Agent Mason's
not why I'm here.
114
00:05:06,582 --> 00:05:08,281
Okay. Then what?
115
00:05:08,283 --> 00:05:10,550
Lieutenant O'Connell's
autopsy report.
116
00:05:10,552 --> 00:05:12,319
It was completed by
117
00:05:12,321 --> 00:05:13,754
a second-string M.E.
118
00:05:13,756 --> 00:05:15,255
Ducky's mom was having surgery.
119
00:05:15,257 --> 00:05:16,823
He took a leave.
120
00:05:16,825 --> 00:05:18,759
We sent the body
to the city M.E.
121
00:05:18,761 --> 00:05:21,194
I received permission
to have it exhumed.
122
00:05:21,196 --> 00:05:22,796
Now I want
your permission
123
00:05:22,798 --> 00:05:25,132
to have the best
of the best take a look.
124
00:05:25,134 --> 00:05:27,367
I've already taken the liberty
125
00:05:27,369 --> 00:05:28,935
of messengering
Dr. Mallard the original
126
00:05:28,937 --> 00:05:32,239
copy of that report,
and the body.
127
00:05:33,675 --> 00:05:37,411
The great American
physician, poet and polymath
128
00:05:37,413 --> 00:05:40,247
Oliver Wendell Holmes, Senior,
once said,
129
00:05:40,249 --> 00:05:43,683
“Where we love is home,
130
00:05:43,685 --> 00:05:47,521
home that our feet may leave,
but not our hearts.” (chuckles)
131
00:05:47,523 --> 00:05:50,057
In other words,
it's great to be back.
132
00:05:50,059 --> 00:05:52,692
This is all really lovely,
but can we...?
133
00:05:52,694 --> 00:05:55,595
Oh, uh, yes,
you're due back in court.
134
00:05:55,597 --> 00:05:57,330
Let's get started.
135
00:05:57,332 --> 00:06:01,501
Based on these photos
and reports, I can safely say
136
00:06:01,503 --> 00:06:05,338
that I agree
with your cause of death.
137
00:06:05,340 --> 00:06:06,606
Blunt force trauma.
138
00:06:06,608 --> 00:06:08,542
Yes. Here, to the side
of the head.
139
00:06:08,544 --> 00:06:11,344
With what appeared to be
a metal pipe.
140
00:06:11,346 --> 00:06:12,712
Yes. Ms. Shaeffer.
141
00:06:12,714 --> 00:06:15,816
You seemed to have
studied the report well.
142
00:06:15,818 --> 00:06:19,986
But, uh, what do
you see, Dr. Palmer?
143
00:06:19,988 --> 00:06:21,655
Well, the injuries
144
00:06:21,657 --> 00:06:24,491
and blood spatter
show that the victim was
145
00:06:24,493 --> 00:06:27,894
kneeling while the assailant
was standing for the fatal blow.
146
00:06:27,896 --> 00:06:31,098
Gentlemen, as we've established,
I know the report.
147
00:06:31,100 --> 00:06:33,033
I don't need it read back to me.
148
00:06:33,035 --> 00:06:35,469
You agree with
it, I understand.
149
00:06:35,471 --> 00:06:37,904
Ms. Shaeffer, the findings
150
00:06:37,906 --> 00:06:41,208
were correct, but, the, uh,
analysis is incomplete.
151
00:06:41,210 --> 00:06:45,212
Now that I see the decomposition
of the outer layers,
152
00:06:45,214 --> 00:06:46,847
I have a clearer picture.
153
00:06:46,849 --> 00:06:49,549
Clearer than
the prior M.E.
154
00:06:49,551 --> 00:06:51,818
You see,
the point of impact
155
00:06:51,820 --> 00:06:54,087
is the posterior left
and radiates
156
00:06:54,089 --> 00:06:56,022
down toward the temple.
157
00:06:56,024 --> 00:06:57,824
Now, this means
that the assailant
158
00:06:57,826 --> 00:06:59,893
had to be standing behind him.
159
00:06:59,895 --> 00:07:04,431
My colleague has just given you
a concurring second opinion.
160
00:07:04,433 --> 00:07:06,399
I don't understand.
161
00:07:06,401 --> 00:07:10,237
This injury-- it's the result
of a left-handed swing.
162
00:07:10,239 --> 00:07:13,373
The original M.E.
missed that fact.
163
00:07:13,375 --> 00:07:19,079
Ms. Shaeffer, dare we ask about
your client, Gabriel Hicks?
164
00:07:19,081 --> 00:07:21,648
He's right-handed.
165
00:07:22,851 --> 00:07:25,485
He's innocent.
166
00:07:34,703 --> 00:07:36,636
God, I love my life.
167
00:07:36,638 --> 00:07:38,438
What happened? Your
shirt get even tighter?
168
00:07:38,440 --> 00:07:42,609
I wish. No, Agent Sloane just,
uh, told me something, uh...
169
00:07:42,611 --> 00:07:44,377
It's made my day,
that's all.
170
00:07:45,447 --> 00:07:48,882
Well, what was it?
171
00:07:48,884 --> 00:07:51,451
Nah, I shouldn't say anything.
It's about you, Bishop,
172
00:07:51,453 --> 00:07:53,954
and it's kind of like, uh...
it's kind of embarrassing.
173
00:07:53,956 --> 00:07:55,655
What? Wait.
174
00:07:55,657 --> 00:07:57,357
You mean she was profiling me?
175
00:07:57,359 --> 00:07:58,825
What did she say?
176
00:07:58,827 --> 00:08:00,026
It was embarrassing?
177
00:08:00,028 --> 00:08:02,229
Embarrassing how?
178
00:08:02,231 --> 00:08:04,497
You really want me to say it
in front of McGee?
179
00:08:04,499 --> 00:08:05,932
(clears throat)
180
00:08:05,934 --> 00:08:07,667
Uh, these are the
O'Connell case files?
181
00:08:07,669 --> 00:08:09,836
Yeah, there were a lot more
than I expected.
182
00:08:09,838 --> 00:08:11,471
Makes sense.
183
00:08:11,473 --> 00:08:14,541
Agent Mason didn't input
his reports electronically.
184
00:08:14,543 --> 00:08:17,310
I can see why. The info is
so disorganized, I mean,
185
00:08:17,312 --> 00:08:19,346
it'd take forever to categorize.
TORRES: Damn it.
186
00:08:19,348 --> 00:08:22,515
I hate stacks
of paper.
187
00:08:22,517 --> 00:08:24,251
So, 11 years ago,
188
00:08:24,253 --> 00:08:27,287
Lieutenant Edward O'Connell
was abducted
189
00:08:27,289 --> 00:08:30,523
outside of his home in Virginia
by a man driving a blue van.
190
00:08:30,525 --> 00:08:34,494
O'Connell was forced to withdraw
$1,200 cash from his bank
191
00:08:34,496 --> 00:08:36,997
while the assailant waited
in the van in the parking lot.
192
00:08:36,999 --> 00:08:39,366
Come on.
A military guy like that?
193
00:08:39,368 --> 00:08:41,301
No way he'd get back in the van.
194
00:08:41,303 --> 00:08:42,802
He must've been
threatened somehow.
195
00:08:42,804 --> 00:08:44,371
O'Connell was murdered
in the forest.
196
00:08:44,373 --> 00:08:45,939
Body was found the next day.
197
00:08:45,941 --> 00:08:48,141
Fast forward a year.
198
00:08:48,143 --> 00:08:51,711
Gabriel Hicks was convicted
of robbery, kidnapping
199
00:08:51,713 --> 00:08:54,447
and first-degree murder.
Sentenced to death.
200
00:08:54,449 --> 00:08:55,982
Evidence?
201
00:08:55,984 --> 00:08:58,218
All circumstantial--
Hicks drove a blue van,
202
00:08:58,220 --> 00:09:00,820
and was found with
over $1,000 cash on him.
203
00:09:00,822 --> 00:09:02,789
He also gave a fake alibi.
204
00:09:02,791 --> 00:09:04,791
Said he was at his friend's
house at the time of the murder.
205
00:09:04,793 --> 00:09:06,159
Turns out, he was staying
206
00:09:06,161 --> 00:09:07,894
at a hunting cabin
near the crime scene.
207
00:09:07,896 --> 00:09:09,396
McGEE:
Several witnesses saw
208
00:09:09,398 --> 00:09:11,264
a blue van outside
the lieutenant's home
209
00:09:11,266 --> 00:09:12,866
before the abduction.
210
00:09:12,868 --> 00:09:14,868
Any of them see the driver?
211
00:09:14,870 --> 00:09:17,671
No, but a woman who sold fruit
in the bank parking lot
212
00:09:17,673 --> 00:09:19,839
was believed to have
gotten a close-up view.
213
00:09:19,841 --> 00:09:21,241
By the time
investigators realized
214
00:09:21,243 --> 00:09:22,709
she could know something,
215
00:09:22,711 --> 00:09:23,977
she couldn't be located.
216
00:09:23,979 --> 00:09:27,247
Agent Mason referred
to her as “Witness X.”
217
00:09:27,249 --> 00:09:29,115
Torres, you have
anything to add?
218
00:09:29,117 --> 00:09:30,917
Crime scene photos.
219
00:09:30,919 --> 00:09:33,753
Let's go back to the forest
and see if we missed anything.
220
00:09:33,755 --> 00:09:35,588
FORNELL:
Course I remember it.
221
00:09:35,590 --> 00:09:37,724
I remember all the cases
I was point on.
222
00:09:37,726 --> 00:09:40,627
They're like
my ugly work babies.
223
00:09:40,629 --> 00:09:42,662
So you heard about the retrial?
224
00:09:42,664 --> 00:09:44,197
Yeah. Technicality.
225
00:09:44,199 --> 00:09:46,066
It's a real waste
of tax dollars.
226
00:09:46,068 --> 00:09:48,435
There's no way this jury is
gonna find anything different.
227
00:09:48,437 --> 00:09:50,437
The guy did it,
no question.
228
00:09:50,439 --> 00:09:52,706
Yeah. Mason thought that, too.
229
00:09:52,708 --> 00:09:54,708
It's more than a thought, Gibbs.
230
00:09:56,011 --> 00:09:57,844
Hicks is as guilty as they come.
231
00:09:57,846 --> 00:09:59,312
Why are we talking about this?
232
00:09:59,314 --> 00:10:02,449
Yeah. Maybe he's not.
233
00:10:02,451 --> 00:10:05,118
Ducky says
that the killer
234
00:10:05,120 --> 00:10:06,453
was left-handed.
235
00:10:06,455 --> 00:10:08,221
Hicks is right-handed.
236
00:10:08,223 --> 00:10:09,723
Come on.
237
00:10:09,725 --> 00:10:11,024
A million things
could've happened
238
00:10:11,026 --> 00:10:12,592
to make the guy swing lefty.
239
00:10:12,594 --> 00:10:16,096
Victim was bound and kneeling.
240
00:10:16,098 --> 00:10:18,365
Why swing with your off hand?
241
00:10:18,367 --> 00:10:21,034
I don't know. Ask Hicks.
242
00:10:21,036 --> 00:10:22,969
I took another look
at all the evidence.
243
00:10:22,971 --> 00:10:25,472
Everything you had
was circumstantial.
244
00:10:25,474 --> 00:10:27,807
The guy lied to my face
about where he was that night.
245
00:10:27,809 --> 00:10:29,609
And did you get a look
at his priors?
246
00:10:29,611 --> 00:10:31,211
One prior.
Yeah.
247
00:10:31,213 --> 00:10:33,313
Armed robbery.
248
00:10:33,315 --> 00:10:37,584
Look, did we have this
thing gift-wrapped? No.
249
00:10:37,586 --> 00:10:39,886
It was messy as hell,
but it was enough.
250
00:10:39,888 --> 00:10:43,289
Gibbs, I'm telling you,
251
00:10:43,291 --> 00:10:46,993
Hicks is guilty, 100%.
252
00:10:48,330 --> 00:10:51,064
All right. Good to know. Thanks
for keeping me in the loop.
253
00:10:52,467 --> 00:10:55,068
According to the M.E.
in San Diego,
254
00:10:55,070 --> 00:10:57,504
Sloane profiled everyone
in their office.
255
00:10:57,506 --> 00:10:59,005
No.
Yeah.
256
00:10:59,007 --> 00:11:03,143
Apparently, she had a-a big
wooden cabinet full of files,
257
00:11:03,145 --> 00:11:05,111
kept it locked
all the time.
258
00:11:05,113 --> 00:11:06,780
No way, man.
I was just in her office.
259
00:11:06,782 --> 00:11:08,314
There was not one cabinet there.
260
00:11:08,316 --> 00:11:12,519
I don't know-- she's already
started in on you and Bishop.
261
00:11:12,521 --> 00:11:16,389
Okay, so I...
I got a confession to make.
262
00:11:16,391 --> 00:11:19,526
Uh, Sloane was not asking
anything about Bishop.
263
00:11:19,528 --> 00:11:21,494
Uh, I made the whole thing up.
264
00:11:21,496 --> 00:11:23,563
What, to take the heat
off your pedicures?
265
00:11:23,565 --> 00:11:25,865
No, man, just 'cause
it drives Bishop crazy.
266
00:11:25,867 --> 00:11:28,368
She keeps asking me, “Oh,
what did Sloane say about me?”
267
00:11:28,370 --> 00:11:30,270
What do you think I should say,
something about her feet?
268
00:11:30,272 --> 00:11:32,839
Or something else?
(chuckles) I don't know,
269
00:11:32,841 --> 00:11:35,909
but GPS says the body was found
in this general location.
270
00:11:35,911 --> 00:11:38,044
Well, it looks like the tree.
271
00:11:38,046 --> 00:11:40,780
The sign is there,
but...
272
00:11:40,782 --> 00:11:42,415
something's different.
273
00:11:42,417 --> 00:11:45,018
11 years later,
the bark's grown over it.
274
00:11:45,020 --> 00:11:47,720
Wow. Mother Nature
kicks ass.
275
00:11:49,024 --> 00:11:51,257
McGEE: Huh, looks like
something's under there.
276
00:11:56,198 --> 00:11:57,664
Look at that.
277
00:11:57,666 --> 00:11:59,766
It's Lieutenant
O'Connell's license.
278
00:11:59,768 --> 00:12:02,035
You think it's been
there the whole time?
279
00:12:02,037 --> 00:12:04,337
Well, the only reason we
found it is 'cause the sign
280
00:12:04,339 --> 00:12:06,339
was pushed forward
from the tree.
281
00:12:06,341 --> 00:12:08,975
ABBY: What was the victim's
license doing there?
282
00:12:08,977 --> 00:12:11,177
I mean, and how the
heck did it end up
283
00:12:11,179 --> 00:12:13,913
behind that sign
in the first place?
284
00:12:13,915 --> 00:12:17,550
Sounds like a question
with a very Abby answer to it.
285
00:12:17,552 --> 00:12:19,919
There are no answers
coming to me.
286
00:12:19,921 --> 00:12:20,987
(computer beeps)
287
00:12:20,989 --> 00:12:23,056
There's an answer coming to me.
288
00:12:23,058 --> 00:12:24,924
Blood on the license?
289
00:12:24,926 --> 00:12:28,161
Well, it's degraded,
due to years of exposure,
290
00:12:28,163 --> 00:12:30,897
but all we needed was
one viable sample to confirm.
291
00:12:30,899 --> 00:12:34,200
And, yup, it belonged
to Lieutenant O'Connell.
292
00:12:34,202 --> 00:12:36,769
Bummer for us,
the killer didn't leave any DNA,
293
00:12:36,771 --> 00:12:38,438
and we still don't know
how the heck
294
00:12:38,440 --> 00:12:41,307
the license got behind the sign
in the first place.
295
00:12:41,309 --> 00:12:42,709
The killer.
296
00:12:44,746 --> 00:12:47,046
What?
Uh, the killer put it there.
297
00:12:47,048 --> 00:12:49,282
- What do you mean?
- Well, I've been searching ViCAP
298
00:12:49,284 --> 00:12:51,017
with relevant keywords
and parameters,
299
00:12:51,019 --> 00:12:52,852
and I just found a commonality
300
00:12:52,854 --> 00:12:55,955
with four unsolved murders
in the D.C. area.
301
00:12:55,957 --> 00:12:59,192
And those cases
are linked to ours how?
302
00:13:00,795 --> 00:13:03,463
The victim's license
was discovered
303
00:13:03,465 --> 00:13:05,365
hidden at each of
the crime scenes,
304
00:13:05,367 --> 00:13:08,635
and always with
a smear of blood over the face.
305
00:13:08,637 --> 00:13:12,005
So the license
was a calling card.
306
00:13:12,007 --> 00:13:14,541
Whoever murdered
Lieutenant O'Connell
307
00:13:14,543 --> 00:13:16,709
was a serial killer.
308
00:13:24,262 --> 00:13:25,661
FORNELL:
Gabriel Hicks.
309
00:13:25,663 --> 00:13:27,763
I always knew he was
a lying son of a bitch,
310
00:13:27,765 --> 00:13:30,233
but he's worse than
I gave him credit for.
311
00:13:30,235 --> 00:13:32,435
Serial killer
never entered my mind.
312
00:13:32,437 --> 00:13:34,270
VANCE: Well, let's
shake off the hit.
313
00:13:34,272 --> 00:13:36,205
Trial will be over
in a matter of days.
314
00:13:36,207 --> 00:13:37,440
We need to act now,
315
00:13:37,442 --> 00:13:39,375
so let's direct our efforts
and make a plan.
316
00:13:39,377 --> 00:13:41,978
So, we put the O'Connell case
on the back burner
317
00:13:41,980 --> 00:13:46,215
and focus on connecting Hicks
to the other four murders.
318
00:13:46,217 --> 00:13:48,718
That's not the plan
we had in mind, Tobias.
319
00:13:48,720 --> 00:13:51,153
Not the plan?
320
00:13:51,155 --> 00:13:52,889
That's the only plan.
321
00:13:52,891 --> 00:13:54,690
If that lawyer
talks the jury
322
00:13:54,692 --> 00:13:56,259
out of the truth,
Hicks will walk.
323
00:13:56,261 --> 00:13:58,261
We've decided
to take a second look
324
00:13:58,263 --> 00:14:00,763
at the O'Connell case,
with an open mind.
325
00:14:00,765 --> 00:14:02,531
You're kidding me.
326
00:14:02,533 --> 00:14:05,101
We're taking another whack
at Witness X.
327
00:14:05,103 --> 00:14:06,269
The fruit lady?
328
00:14:06,271 --> 00:14:08,638
(chuckles)
Oh, God, please...
329
00:14:08,640 --> 00:14:10,172
tell me I'm being punked.
330
00:14:10,174 --> 00:14:12,208
We know that she was
in the bank parking lot.
331
00:14:12,210 --> 00:14:15,711
She could be key in I.D.'ing or
confirming O'Connell's killer.
332
00:14:15,713 --> 00:14:17,613
Even if you track her down,
333
00:14:17,615 --> 00:14:19,749
you think she's gonna
remember some guy in a van
334
00:14:19,751 --> 00:14:21,817
from 11 years ago?
It's a long shot,
335
00:14:21,819 --> 00:14:23,686
I agree, but the evidence
we have against Hicks
336
00:14:23,688 --> 00:14:25,054
is all circumstantial.
337
00:14:25,056 --> 00:14:28,824
Which is why we have to look
at him for the other murders.
338
00:14:28,826 --> 00:14:30,660
But he was never a suspect
in the other murders,
339
00:14:30,662 --> 00:14:32,161
and Dr. Mallard
believes that the...
340
00:14:32,163 --> 00:14:34,096
Yeah, that the killer's
left-handed. Right.
341
00:14:34,098 --> 00:14:35,765
I got it. Come on.
342
00:14:35,767 --> 00:14:37,300
Gibbs, help me out here.
343
00:14:37,302 --> 00:14:38,634
You want a bottom line?
344
00:14:38,636 --> 00:14:40,870
This lawyer can make
a pretty good case.
345
00:14:40,872 --> 00:14:42,171
Listen to me.
346
00:14:42,173 --> 00:14:44,740
The murders stopped
after Hicks was locked up.
347
00:14:44,742 --> 00:14:46,475
Maybe, or maybe they haven't
been linked with the other ones.
348
00:14:46,477 --> 00:14:47,743
Oh, you're a “maybe”
kind of guy now?
349
00:14:47,745 --> 00:14:49,145
Maybe I am.
Maybe I'm just trying
350
00:14:49,147 --> 00:14:50,413
to figure this out, same as you!
351
00:14:50,415 --> 00:14:52,348
Well, you're talking
like a guy who's...
352
00:14:52,350 --> 00:14:53,883
Gentlemen, gentlemen,
might I remind you
353
00:14:53,885 --> 00:14:55,685
it's this healthy
type of disagreement
354
00:14:55,687 --> 00:14:58,854
that is the beauty of
a joint investigation.
355
00:15:00,325 --> 00:15:01,724
Right.
356
00:15:01,726 --> 00:15:03,693
Well...
357
00:15:03,695 --> 00:15:05,761
while you guys are
going down a rabbit hole,
358
00:15:05,763 --> 00:15:10,366
I'm gonna focus on
getting a slam dunk on Hicks.
359
00:15:11,669 --> 00:15:13,836
We'll keep you in the loop;
you'll do the same.
360
00:15:13,838 --> 00:15:15,571
Yeah, yeah!
361
00:15:15,573 --> 00:15:17,807
SLOANE:
He is...
362
00:15:17,809 --> 00:15:19,442
educated.
363
00:15:19,444 --> 00:15:21,477
He's accustomed
to the use
364
00:15:21,479 --> 00:15:23,245
of a pen.
365
00:15:23,247 --> 00:15:24,714
1894.
366
00:15:24,716 --> 00:15:25,982
Arthur Conan Doyle,
367
00:15:25,984 --> 00:15:28,184
profile of Jack the Ripper.
368
00:15:28,186 --> 00:15:29,885
Yes! You got it
369
00:15:29,887 --> 00:15:31,354
in three characteristics!
370
00:15:31,356 --> 00:15:32,722
You're like
a machine, Ducky.
371
00:15:32,724 --> 00:15:34,857
Yeah, my turn.
What is this?
372
00:15:34,859 --> 00:15:36,959
They're playing
Name That Profile.
373
00:15:36,961 --> 00:15:39,662
I don't know how to interrupt
without getting analyzed.
374
00:15:39,664 --> 00:15:40,629
Hey!
375
00:15:40,631 --> 00:15:42,098
We're standing here.
376
00:15:42,100 --> 00:15:43,966
Uh, yeah.
Yes, you are. Hi.
377
00:15:43,968 --> 00:15:45,801
DUCKY:
I'm sorry, Jethro,
378
00:15:45,803 --> 00:15:47,303
but Jack here is quite a kick.
379
00:15:47,305 --> 00:15:49,238
Yeah, ain't she great?
380
00:15:49,240 --> 00:15:51,340
What do you got?
381
00:15:51,342 --> 00:15:52,675
DUCKY:
Um, I'm building a picture
382
00:15:52,677 --> 00:15:54,043
of our serial killer.
383
00:15:54,045 --> 00:15:55,911
We're looking
for someone with
384
00:15:55,913 --> 00:15:58,681
antisocial personality disorder.
385
00:15:58,683 --> 00:16:00,883
Psychopath.
Indeed.
386
00:16:00,885 --> 00:16:03,986
As to his victims--
well, they're all male
387
00:16:03,988 --> 00:16:06,322
and notably strong,
388
00:16:06,324 --> 00:16:08,824
which suggests he may be
trying to prove something.
389
00:16:08,826 --> 00:16:10,793
McGEE:
What about the money?
390
00:16:10,795 --> 00:16:13,496
Lieutenant O'Connell
was forced to make a withdrawal.
391
00:16:13,498 --> 00:16:15,998
Yes, well, theft is involved
in all five cases,
392
00:16:16,000 --> 00:16:18,167
likely to support
his habit.
393
00:16:18,169 --> 00:16:21,504
Robbery is his work,
but murder is his pleasure.
394
00:16:21,506 --> 00:16:25,307
And what were you doing while
Ducky was doing all the work?
395
00:16:25,309 --> 00:16:26,742
Hmm.
396
00:16:26,744 --> 00:16:29,412
I was collecting stats
on Jessica Shaeffer.
397
00:16:29,414 --> 00:16:30,312
Hmm.
398
00:16:30,314 --> 00:16:31,914
What, you profiled the lawyer?
399
00:16:31,916 --> 00:16:35,184
I found an in and
made a new friend.
400
00:16:35,186 --> 00:16:37,219
By faking more car trouble?
401
00:16:37,221 --> 00:16:39,021
Actually, I bought her lunch.
402
00:16:39,023 --> 00:16:42,158
Her website bio said she'd
moved here from out of state.
403
00:16:42,160 --> 00:16:44,794
I told her how hard
my own move was.
404
00:16:44,796 --> 00:16:46,195
She empathized.
405
00:16:46,197 --> 00:16:48,097
She's actually
a really nice person.
406
00:16:49,434 --> 00:16:51,200
She became
a public defender
407
00:16:51,202 --> 00:16:52,568
because of her uncle.
408
00:16:52,570 --> 00:16:55,204
He was wrongly convicted
and died in prison.
409
00:16:55,206 --> 00:16:58,007
So she truly believes
that Hicks is innocent?
410
00:16:58,009 --> 00:16:59,508
Are we done talking?
411
00:16:59,510 --> 00:17:01,010
Yup.
412
00:17:01,012 --> 00:17:04,413
My new friend invited me down
to meet Hicks during recess.
413
00:17:04,415 --> 00:17:06,749
Actually, Hicks requested it.
414
00:17:06,751 --> 00:17:09,952
He, uh, wants to show us
he has nothing to hi...
415
00:17:09,954 --> 00:17:11,887
Really?
416
00:17:11,889 --> 00:17:13,556
Oh, yeah. I'm
going with you.
417
00:17:13,558 --> 00:17:15,224
Okay.
418
00:17:15,226 --> 00:17:17,293
Oh, great!
My file cabinet.
419
00:17:17,295 --> 00:17:18,828
Thanks so much.
420
00:17:18,830 --> 00:17:21,030
You can just put it anywhere
over there, all right?
421
00:17:21,032 --> 00:17:24,266
Oh, that's a unique
piece of furniture.
422
00:17:24,268 --> 00:17:26,969
Till we meet again, sir.
423
00:17:26,971 --> 00:17:29,071
TORRES: You mean the cabinetfrom San Diego?
424
00:17:29,073 --> 00:17:31,607
It's in her office now?
She had it shipped.
425
00:17:31,609 --> 00:17:33,809
ABBY: That doesn't
mean anything, you guys.
426
00:17:33,811 --> 00:17:35,578
I asked Sloane about this.
427
00:17:35,580 --> 00:17:38,047
She said she doesn't profile
people in her spare time.
428
00:17:38,049 --> 00:17:40,049
Okay, and you believe her?
429
00:17:40,051 --> 00:17:42,084
Why wouldn't I?
She's my friend.
430
00:17:42,086 --> 00:17:44,386
(phone ringing)
431
00:17:44,388 --> 00:17:45,454
McGEE:
Guys, I'm telling you,
432
00:17:45,456 --> 00:17:46,956
this is just what Sloane
wants us to think.
433
00:17:46,958 --> 00:17:48,224
She became “friends”
434
00:17:48,226 --> 00:17:50,593
with that lawyer
just to profile her.
435
00:17:50,595 --> 00:17:51,961
Mm-hmm. Well, did Torres
tell you what she said
436
00:17:51,963 --> 00:17:53,395
about me? She said
I'm the type
437
00:17:53,397 --> 00:17:55,231
to have feet
like a werewolf.
438
00:17:55,233 --> 00:17:57,600
I mean, why would she say
that? It's not even true.
439
00:17:57,602 --> 00:17:59,235
I'll take off my shoes
right now and show you.
440
00:17:59,237 --> 00:18:02,238
Um... actually, uh,
Sloane didn't...
441
00:18:02,240 --> 00:18:04,373
Uh, you know what, uh, Bishop,
we should show McGee
442
00:18:04,375 --> 00:18:06,542
what we've been working on.
There's so many files.
443
00:18:06,544 --> 00:18:07,910
BISHOP:
Yeah, these are from
444
00:18:07,912 --> 00:18:09,278
the other four murder cases.
445
00:18:09,280 --> 00:18:10,446
Suspects?
446
00:18:10,448 --> 00:18:12,314
Uh, there are
about 20, at least.
447
00:18:12,316 --> 00:18:14,783
Authorities were never able
to narrow down the list.
448
00:18:14,785 --> 00:18:16,619
BISHOP: Hard evidence
was just as nonexistent
449
00:18:16,621 --> 00:18:18,287
as it was in
the O'Connell case.
450
00:18:18,289 --> 00:18:21,123
Got something.
451
00:18:21,125 --> 00:18:24,293
So, the FBI collected these bags
a few days after the murder.
452
00:18:24,295 --> 00:18:26,295
They were turned over
by bank customers
453
00:18:26,297 --> 00:18:28,631
who bought fruit in them
from our Witness X.
454
00:18:28,633 --> 00:18:31,367
FBI couldn't pull her DNA
or fingerprints?
455
00:18:31,369 --> 00:18:33,369
No, but there were
unknown particles
456
00:18:33,371 --> 00:18:35,838
on the outside
of two of the three bags.
457
00:18:35,840 --> 00:18:37,006
What was it?
458
00:18:37,008 --> 00:18:38,440
The particles were too small
459
00:18:38,442 --> 00:18:40,209
for their mass spectrometer
to analyze.
460
00:18:40,211 --> 00:18:41,544
Should've given them to you.
461
00:18:41,546 --> 00:18:42,678
They did.
462
00:18:42,680 --> 00:18:45,581
And Ye Olde Major Mass Spec
463
00:18:45,583 --> 00:18:47,716
gave me the same bad news
back then.
464
00:18:47,718 --> 00:18:49,552
Ye Olde Major Mass Spec?
465
00:18:49,554 --> 00:18:51,520
Yeah, this was
11 years ago.
466
00:18:51,522 --> 00:18:55,024
He's had many
upgrades since then.
467
00:18:55,026 --> 00:18:57,393
He's like a whole new man.
468
00:18:57,395 --> 00:18:58,694
I'm...
469
00:18:58,696 --> 00:19:00,129
so proud of him.
470
00:19:00,131 --> 00:19:02,698
You retested the particles
and got a hit.
471
00:19:02,700 --> 00:19:03,799
I did.
472
00:19:03,801 --> 00:19:06,769
It's a clear
rust protectant
473
00:19:06,771 --> 00:19:08,804
that's made for farm equipment.
474
00:19:08,806 --> 00:19:09,939
That's pretty specialized.
475
00:19:09,941 --> 00:19:11,373
ABBY: Yeah, there's
only three stores
476
00:19:11,375 --> 00:19:12,942
in the area that carry it.
477
00:19:12,944 --> 00:19:16,478
Two of them were not
in business 11 years ago.
478
00:19:16,480 --> 00:19:18,147
So I just got off the
phone with the third.
479
00:19:18,149 --> 00:19:21,083
It's a paint store
that's been open for 40 years.
480
00:19:21,085 --> 00:19:22,585
So we're thinking
our fruit lady
481
00:19:22,587 --> 00:19:24,453
got her bags from
a paint store?
482
00:19:24,455 --> 00:19:26,055
Well, there's only one way
to find out.
483
00:19:26,057 --> 00:19:27,556
I'm on it.
484
00:19:27,558 --> 00:19:29,425
All that paperwork
is killing me.
485
00:19:29,427 --> 00:19:31,627
I'll text you the address!
486
00:19:32,830 --> 00:19:34,563
Thanks so much
for talking to us.
487
00:19:34,565 --> 00:19:36,599
I know you're
in the midst of a trial.
488
00:19:36,601 --> 00:19:37,800
We won't keep you long.
489
00:19:37,802 --> 00:19:40,035
Thank you for coming.
490
00:19:40,037 --> 00:19:41,604
You get to
a point where
491
00:19:41,606 --> 00:19:43,405
having someone want
to hear you out--
492
00:19:43,407 --> 00:19:44,707
it means everything.
493
00:19:44,709 --> 00:19:46,575
Where would you
like him to start?
494
00:19:46,577 --> 00:19:48,911
Actually, I'd like
to hear whatever
495
00:19:48,913 --> 00:19:51,113
Gabriel would
like us to know.
496
00:19:53,851 --> 00:19:57,386
I-I don't know. Um...
497
00:19:57,388 --> 00:20:01,357
I-I guess that I'm not
what people think I am.
498
00:20:01,359 --> 00:20:04,293
And what do people
think you are?
499
00:20:04,295 --> 00:20:06,128
A liar.
500
00:20:06,130 --> 00:20:08,897
They think I lied
about where I was that night.
501
00:20:08,899 --> 00:20:10,566
I got my days mixed up.
502
00:20:10,568 --> 00:20:12,167
I was scared.
503
00:20:12,169 --> 00:20:15,537
The FBI was questioning
me, and I...
504
00:20:15,539 --> 00:20:17,539
And you had a record.
505
00:20:17,541 --> 00:20:19,541
Yeah.
506
00:20:19,543 --> 00:20:22,044
Armed robbery. I was a
stupid kid with a knife
507
00:20:22,046 --> 00:20:23,512
trying to steal
some beers.
508
00:20:23,514 --> 00:20:26,482
I know how
that sounds.
509
00:20:26,484 --> 00:20:30,286
So, Gabriel, why do you think
you were convicted?
510
00:20:30,288 --> 00:20:33,455
For the longest time, the only
thing that made sense in my head
511
00:20:33,457 --> 00:20:35,858
was that I was framed.
512
00:20:35,860 --> 00:20:37,726
After I was convicted,
I-I heard about
513
00:20:37,728 --> 00:20:39,528
Agent Mason getting
a promotion.
514
00:20:39,530 --> 00:20:42,264
I thought that maybe
he had moved the body
515
00:20:42,266 --> 00:20:45,100
closer to where
I was staying, or...
516
00:20:45,102 --> 00:20:46,969
changed the description
of the car
517
00:20:46,971 --> 00:20:48,971
in order to make me look guilty.
518
00:20:48,973 --> 00:20:51,407
What about now?
519
00:20:51,409 --> 00:20:54,710
I trust Jessica
with my life.
520
00:20:54,712 --> 00:20:57,112
She didn't find any
evidence that I was framed.
521
00:20:57,114 --> 00:20:59,815
So... the only
answer left
522
00:20:59,817 --> 00:21:02,818
is that I was in the wrong
place at the wrong time.
523
00:21:02,820 --> 00:21:04,920
A coincidence.
524
00:21:04,922 --> 00:21:07,156
Some people don't
believe in such things.
525
00:21:07,158 --> 00:21:09,091
(sighs) I wish
they were right.
526
00:21:09,093 --> 00:21:11,827
I'd be on the outside eating
ice cream right about now.
527
00:21:11,829 --> 00:21:15,464
Ah, that's what you'd do
if you were out, eat ice cream?
528
00:21:15,466 --> 00:21:17,800
No, I...
529
00:21:17,802 --> 00:21:19,802
I don't know why
I said that.
530
00:21:19,804 --> 00:21:22,538
When I was a kid,
531
00:21:22,540 --> 00:21:24,673
playing Little League,
we'd lose,
532
00:21:24,675 --> 00:21:27,276
and it felt like
the end of the world.
533
00:21:27,278 --> 00:21:30,813
So my dad, he'd take me
out for ice cream.
534
00:21:30,815 --> 00:21:35,484
He'd order two scoops
of vanilla, and...
535
00:21:35,486 --> 00:21:37,886
the world was right again,
you know?
536
00:21:37,888 --> 00:21:40,255
He died last year.
537
00:21:40,257 --> 00:21:43,025
And they wouldn't let
me out for the funeral.
538
00:21:43,027 --> 00:21:46,795
Jessica and hope.
539
00:21:46,797 --> 00:21:50,232
That's all I got left in here.
540
00:21:50,234 --> 00:21:53,068
Thank you.
541
00:21:53,070 --> 00:21:54,636
So, what do you think?
542
00:21:54,638 --> 00:21:57,473
Well, no analysis
could be conclusive
543
00:21:57,475 --> 00:22:00,275
after 30 minutes, but
I didn't see anything
544
00:22:00,277 --> 00:22:03,045
to suggest psychopathic
tendencies.
545
00:22:03,047 --> 00:22:05,080
And?
546
00:22:05,082 --> 00:22:06,548
And what?
547
00:22:06,550 --> 00:22:09,118
And what about that gut
of yours?
548
00:22:09,120 --> 00:22:10,552
Huh?
549
00:22:10,554 --> 00:22:13,355
Oh, yeah. That's right, cowboy.
550
00:22:13,357 --> 00:22:15,357
Your gut is so famous,
551
00:22:15,359 --> 00:22:17,826
people bow down to it
all the way to California.
552
00:22:17,828 --> 00:22:19,495
(chuckles) Right.
553
00:22:19,497 --> 00:22:21,930
Come on, lay it on me.
Give me some of that gut stuff.
554
00:22:21,932 --> 00:22:24,666
Tiny bit.
555
00:22:24,668 --> 00:22:26,735
MAN: These the bags
you're talking about?
556
00:22:26,737 --> 00:22:27,770
Yes, sir.
557
00:22:27,772 --> 00:22:29,405
Been using the same ones
since the beginning.
558
00:22:29,407 --> 00:22:30,672
Lot of people now,
559
00:22:30,674 --> 00:22:32,141
they carry their stuff out
with their bare hands
560
00:22:32,143 --> 00:22:33,742
'cause of landfills
and whatnot.
561
00:22:33,744 --> 00:22:34,743
Mr. Rydell...
562
00:22:34,745 --> 00:22:37,279
Pop. Everyone calls me Pop.
563
00:22:37,281 --> 00:22:38,947
All right, Pop.
564
00:22:38,949 --> 00:22:41,750
Uh, I know it's a long shot,
but I need to ask you
565
00:22:41,752 --> 00:22:44,586
about someone
from about 11 years ago.
566
00:22:44,588 --> 00:22:47,122
If I don't remember it,
it didn't happen.
567
00:22:47,124 --> 00:22:48,957
That's how sharp my mind is.
568
00:22:48,959 --> 00:22:50,793
All right, well, she, uh...
569
00:22:50,795 --> 00:22:52,361
she used to sell fruit
570
00:22:52,363 --> 00:22:54,229
around that time,
and she might have
571
00:22:54,231 --> 00:22:56,632
put it in bags
like these from your store.
572
00:22:56,634 --> 00:22:59,368
Sure, I know
who you're talking about.
573
00:22:59,370 --> 00:23:00,769
You do?
My employee.
574
00:23:00,771 --> 00:23:02,671
He used to take home
a stack of bags
575
00:23:02,673 --> 00:23:04,606
now and then to his aunt,
who sold fruit.
576
00:23:04,608 --> 00:23:06,375
All right. What's his name?
577
00:23:06,377 --> 00:23:07,576
I'll do you one better.
578
00:23:07,578 --> 00:23:09,978
You can talk to
him yourself. Ray!
579
00:23:09,980 --> 00:23:11,680
Name's Raymond.
580
00:23:11,682 --> 00:23:13,615
Been working for me
since he was a kid.
581
00:23:13,617 --> 00:23:14,716
Ah.
582
00:23:14,718 --> 00:23:15,918
What you need, Pop?
583
00:23:15,920 --> 00:23:17,085
Hey, Raymond.
584
00:23:17,087 --> 00:23:18,587
Special Agent Nick Torres.
585
00:23:18,589 --> 00:23:20,088
NCIS.
586
00:23:20,090 --> 00:23:21,824
I need to talk to you
about your aunt.
587
00:23:21,826 --> 00:23:23,525
My aunt?
588
00:23:23,527 --> 00:23:25,160
The one you used
to bring the bags for.
589
00:23:25,162 --> 00:23:26,295
R-Ray?
590
00:23:27,665 --> 00:23:29,798
(dog barking in distance)
591
00:23:37,141 --> 00:23:38,540
(chuckles)
592
00:23:38,542 --> 00:23:39,708
Okay.
593
00:23:51,489 --> 00:23:52,721
Night night.
594
00:23:53,858 --> 00:23:55,491
Night night.
595
00:23:55,493 --> 00:23:57,860
(siren approaching)
596
00:24:08,100 --> 00:24:10,467
(door closes)
597
00:24:10,769 --> 00:24:11,934
This guy's aunt
598
00:24:11,936 --> 00:24:13,469
is Witness X.
599
00:24:13,471 --> 00:24:14,804
The fruit lady?
600
00:24:14,806 --> 00:24:15,972
Yep.
601
00:24:15,974 --> 00:24:17,640
VANCE:
Does Agent Torres
602
00:24:17,642 --> 00:24:19,342
plan on asking him a question?
603
00:24:19,344 --> 00:24:21,044
Probably.
604
00:24:21,046 --> 00:24:24,414
It's possible his aunt
could I.D. our killer.
605
00:24:24,416 --> 00:24:25,348
Yes.
606
00:24:25,350 --> 00:24:26,649
Don't you think that warrants
607
00:24:26,651 --> 00:24:28,751
you being in the room?
No.
608
00:24:28,753 --> 00:24:32,155
They swung at each other
and connected.
609
00:24:32,157 --> 00:24:34,357
They got a history now.
610
00:24:34,359 --> 00:24:36,092
Torres needs to use that.
611
00:24:36,094 --> 00:24:38,628
I told him
to take a page from Sloane.
612
00:24:38,630 --> 00:24:40,730
Ah, find an in.
613
00:24:40,732 --> 00:24:42,899
TORRES: You got quite
a hook there, man.
614
00:24:45,170 --> 00:24:48,438
Look, man, I don't want
to be here any more than you do.
615
00:24:48,440 --> 00:24:50,373
I got a boss.
616
00:24:50,375 --> 00:24:52,475
He's an old dude, like yours.
617
00:24:52,477 --> 00:24:55,111
He's gonna make me stay here
two hours plus,
618
00:24:55,113 --> 00:24:58,815
minimum, whether
you're talking or not.
619
00:24:58,817 --> 00:25:00,917
Hey, you box, right?
620
00:25:00,919 --> 00:25:03,119
I mean, you have to
with a swing like that.
621
00:25:03,121 --> 00:25:05,955
'Cause this hurt.
622
00:25:05,957 --> 00:25:08,925
(exhales)
Come on, man.
623
00:25:08,927 --> 00:25:11,661
I'm just trying
to pass the time here.
624
00:25:11,663 --> 00:25:14,063
A place over on Maple.
625
00:25:14,065 --> 00:25:15,364
Maple and Third?
626
00:25:15,366 --> 00:25:16,666
Freddie's Gym.
627
00:25:16,668 --> 00:25:20,403
Ah, I went there
a couple times.
628
00:25:20,405 --> 00:25:23,506
You know, Freddie doesn't let
just anybody in there.
629
00:25:23,508 --> 00:25:25,508
You got to be good peoples.
630
00:25:25,510 --> 00:25:29,712
And if Pop has kept you around
since you were a kid, well...
631
00:25:29,714 --> 00:25:32,915
he must think you're all right.
632
00:25:32,917 --> 00:25:35,351
I trust Pop and Freddie.
633
00:25:35,353 --> 00:25:37,120
Yo, Ray,
just talk to me
634
00:25:37,122 --> 00:25:41,290
about your aunt so the both of
us can get the hell out of here.
635
00:25:43,161 --> 00:25:44,894
Okay.
636
00:25:44,896 --> 00:25:46,696
Okay, I cash the checks.
637
00:25:46,698 --> 00:25:48,030
Checks?
638
00:25:48,032 --> 00:25:49,432
You know what
I'm talking about.
639
00:25:49,434 --> 00:25:50,733
My aunt's checks.
640
00:25:50,735 --> 00:25:52,935
One of her customers left...
641
00:25:52,937 --> 00:25:55,371
her some money in his will.
642
00:25:55,373 --> 00:25:57,740
Checks started coming
after she moved away.
643
00:25:57,742 --> 00:25:59,108
Where'd she move to?
644
00:25:59,110 --> 00:26:01,077
Look, I needed
the money, man.
645
00:26:01,079 --> 00:26:03,479
Pops is still paying me
like it's 1950.
646
00:26:03,481 --> 00:26:05,047
I don't care
about the checks, man.
647
00:26:05,049 --> 00:26:07,583
I just need to know
where your aunt is.
648
00:26:07,585 --> 00:26:10,353
I don't know. I thought
she was suing me or something.
649
00:26:10,355 --> 00:26:11,487
She didn't send you?
650
00:26:11,489 --> 00:26:14,090
What's her name?
651
00:26:14,092 --> 00:26:16,025
Mary Smith!
652
00:26:16,027 --> 00:26:18,427
That was Gibbs on the phone.
I need all hands on deck.
653
00:26:18,429 --> 00:26:19,695
Witness X
654
00:26:19,697 --> 00:26:21,464
is Mary Smith.
655
00:26:21,466 --> 00:26:22,865
Oh, could she have
a more common name?
656
00:26:22,867 --> 00:26:25,368
We also know
that she has annuity checks
657
00:26:25,370 --> 00:26:27,336
from Dawson Mutual
658
00:26:27,338 --> 00:26:30,840
coming to the home address
of her nephew, Raymond Smith.
659
00:26:30,842 --> 00:26:33,509
Well, still, she might
as well be Jane Doe.
660
00:26:33,511 --> 00:26:35,344
Okay, guys, less complaining
and more finding her.
661
00:26:35,346 --> 00:26:36,913
Thought you'd all want to know--
662
00:26:36,915 --> 00:26:39,482
Sloane's cabinet?
Definitely locked.
663
00:26:39,484 --> 00:26:41,918
I just helped her move it
to the other side of her office.
664
00:26:41,920 --> 00:26:44,153
Hey, did she say anything about
my feet when you were up there?
665
00:26:44,155 --> 00:26:45,521
Hmm?
666
00:26:45,523 --> 00:26:48,191
Uh, Bishop, Sloane never said
anything about you at all.
667
00:26:48,193 --> 00:26:50,393
Torres made up the whole thing
about the werewolf feet.
668
00:26:50,395 --> 00:26:52,028
What? Why?
669
00:26:52,030 --> 00:26:53,829
Well, because he likes
to drive you crazy.
670
00:26:53,831 --> 00:26:54,997
Rude.
671
00:26:54,999 --> 00:26:56,132
ABBY:
Okay, guys.
672
00:26:56,134 --> 00:26:57,233
I got a middle name.
673
00:26:57,235 --> 00:26:59,902
I found it on one of
the annuity documents.
674
00:26:59,904 --> 00:27:02,505
Mary Elaine Smith.
675
00:27:02,507 --> 00:27:04,073
I'm gonna search DMV.
676
00:27:04,075 --> 00:27:06,242
I've got government programs.
Banks and credit cards.
677
00:27:06,244 --> 00:27:07,476
I'll hop
on the autopsy computer,
678
00:27:07,478 --> 00:27:08,544
check for death certificates.
679
00:27:08,546 --> 00:27:10,146
All right, guys, we can do this.
680
00:27:10,148 --> 00:27:12,281
Let's find a current address.
681
00:27:12,283 --> 00:27:14,550
MAN:
Mr. Hicks, it's your testimony
682
00:27:14,552 --> 00:27:18,254
that on the evening
of August 24, 2006,
683
00:27:18,256 --> 00:27:20,590
you were staying at
the Richardson's hunting cabin
684
00:27:20,592 --> 00:27:22,291
to write?
685
00:27:22,293 --> 00:27:24,126
Yes.
686
00:27:24,128 --> 00:27:26,429
I was young.
I was traveling the country,
687
00:27:26,431 --> 00:27:28,998
writing,
trying to find myself.
688
00:27:29,000 --> 00:27:31,334
The cabin was just one of the
places I stopped along the way.
689
00:27:31,336 --> 00:27:33,903
And the thousand dollars in cash
690
00:27:33,905 --> 00:27:37,873
that you had in your possession
when you were apprehended--
691
00:27:37,875 --> 00:27:40,476
you said you earned that
doing odd jobs?
692
00:27:40,478 --> 00:27:42,044
Yes.
693
00:27:42,046 --> 00:27:43,846
Do you have any of
your employers' names?
694
00:27:43,848 --> 00:27:45,615
Not all of them.
695
00:27:45,617 --> 00:27:47,283
I'd work a day here and there
696
00:27:47,285 --> 00:27:49,318
for anyone that would hire me
along the way.
697
00:27:49,320 --> 00:27:51,654
You mean, along
your writing journey,
698
00:27:51,656 --> 00:27:53,356
while you
weren't producing
699
00:27:53,358 --> 00:27:54,724
any writing?
700
00:27:54,726 --> 00:27:56,792
Objection. Asked and answered.
701
00:27:56,794 --> 00:27:58,995
Sustained.
702
00:27:58,997 --> 00:28:02,965
Mr. Hicks, that money you had--
you didn't earn that, did you?
703
00:28:02,967 --> 00:28:05,134
Yes, I did. I...
No, you stole it.
704
00:28:05,136 --> 00:28:06,802
You stole it
from Lieutenant O'Connell.
705
00:28:06,804 --> 00:28:08,604
It's what was left
of his withdrawal, wasn't it?
706
00:28:08,606 --> 00:28:10,206
Objection. Badgering.
Then you force him into your van.
707
00:28:10,208 --> 00:28:11,741
- Objection.
- Then you bound him.
708
00:28:11,743 --> 00:28:13,509
Sustained.
Then you drag him in the forest.
709
00:28:13,511 --> 00:28:14,168
Mr. Gardiner.
710
00:28:14,192 --> 00:28:15,145
Then you listen to him
plead for his life,
711
00:28:15,146 --> 00:28:17,527
and you strike him so hard
that it caves in his head.
712
00:28:17,528 --> 00:28:21,530
Mr. Gardiner, ask a question
or shut it down.
713
00:28:23,167 --> 00:28:25,500
Mr. Hicks,
if what you say is true,
714
00:28:25,502 --> 00:28:27,302
you were simply
in the wrong place
715
00:28:27,304 --> 00:28:29,171
at the wrong time.
Is that correct?
716
00:28:29,173 --> 00:28:30,172
Yes.
717
00:28:30,174 --> 00:28:32,541
Simply in the wrong cabin,
718
00:28:32,543 --> 00:28:34,910
at the wrong time,
719
00:28:34,912 --> 00:28:37,379
with the wrong vehicle,
720
00:28:37,381 --> 00:28:39,615
with the wrong amount of cash.
721
00:28:39,617 --> 00:28:42,551
That would make you
722
00:28:42,553 --> 00:28:44,653
the unluckiest man in the world,
wouldn't it?
723
00:28:44,655 --> 00:28:47,356
Yes.
724
00:28:47,358 --> 00:28:49,691
(phone ringing)
725
00:28:49,693 --> 00:28:52,060
Bishop, tell me something good.
726
00:28:52,062 --> 00:28:53,495
We got Witness X.
727
00:28:53,497 --> 00:28:55,864
You got what? A name?
728
00:28:55,866 --> 00:28:57,733
Mary Elaine Smith.
729
00:28:57,735 --> 00:28:59,468
She is alive and well.
730
00:28:59,470 --> 00:29:00,736
We tracked her current location
731
00:29:00,738 --> 00:29:02,704
through Social Security.
732
00:29:02,706 --> 00:29:04,206
You're on your way
to talk to her?
733
00:29:04,208 --> 00:29:06,375
Gibbs is.
Keep me posted.
734
00:29:08,145 --> 00:29:10,612
My nephew
was cashing the checks?
735
00:29:10,614 --> 00:29:12,648
We'll get you what you're owed.
736
00:29:12,650 --> 00:29:15,217
No, I don't want it.
737
00:29:15,219 --> 00:29:19,087
Poor kid's had about
as many breaks as I have.
738
00:29:19,089 --> 00:29:22,257
I didn't have enough
to take care of him,
739
00:29:22,259 --> 00:29:23,959
so I left.
740
00:29:23,961 --> 00:29:28,230
But that's not why
you're here, is it?
741
00:29:28,232 --> 00:29:33,402
A man named Gabriel Hicks
is being retried for murder.
742
00:29:33,404 --> 00:29:36,171
You know who I'm
talking about?
743
00:29:36,173 --> 00:29:38,874
You want to know
about the man I saw
744
00:29:38,876 --> 00:29:41,710
driving the blue van that day.
745
00:29:41,712 --> 00:29:43,812
That's right.
746
00:29:43,814 --> 00:29:47,149
I had a few oranges left,
747
00:29:47,151 --> 00:29:51,687
and I wanted to get rid of them
so I could get home.
748
00:29:51,689 --> 00:29:57,092
The man in the van
told me he wasn't interested.
749
00:29:57,094 --> 00:30:00,762
I offered a better price.
750
00:30:00,764 --> 00:30:04,199
He told me to walk away
751
00:30:04,201 --> 00:30:06,601
or I'd regret it.
752
00:30:06,603 --> 00:30:08,837
What did he look like?
753
00:30:08,839 --> 00:30:10,272
It was a long time ago,
754
00:30:10,274 --> 00:30:13,475
and I-I wouldn't know him
if I saw him.
755
00:30:13,477 --> 00:30:18,346
But I do know he was black
and in his 40s.
756
00:30:18,348 --> 00:30:21,616
You sure about that?
757
00:30:23,187 --> 00:30:25,987
Why didn't you tell someone?
758
00:30:25,989 --> 00:30:27,923
I did.
759
00:30:27,925 --> 00:30:30,525
I figured he didn't believe me
760
00:30:30,527 --> 00:30:34,162
because I was just some lady
selling fruit on the street.
761
00:30:34,164 --> 00:30:36,264
Who didn't believe you?
762
00:30:36,266 --> 00:30:38,500
That FBI man.
763
00:30:38,502 --> 00:30:42,270
He tracked me down
11 years ago,
764
00:30:42,272 --> 00:30:46,141
and I told him
exactly what I just told you.
765
00:30:48,445 --> 00:30:50,645
FORNELL:
What do you want me to say?
766
00:30:50,647 --> 00:30:52,714
That you knew where she was
11 years ago
767
00:30:52,716 --> 00:30:53,949
and you talked to her.
768
00:30:53,951 --> 00:30:56,284
Yeah, I talked to her.
769
00:30:56,286 --> 00:30:57,552
And you covered it up.
770
00:30:57,554 --> 00:30:59,387
Because she was lying
through her teeth.
771
00:30:59,389 --> 00:31:01,089
She would've created
reasonable doubt
772
00:31:01,091 --> 00:31:03,158
about a guy that
I know was guilty.
773
00:31:03,160 --> 00:31:04,659
You didn't know a damn thing.
774
00:31:04,661 --> 00:31:06,128
I've got a gut, too, Gibbs!
775
00:31:06,130 --> 00:31:07,763
I knew.
You said yourself
776
00:31:07,765 --> 00:31:08,764
there's reasonable doubt.
777
00:31:08,766 --> 00:31:10,599
Guy takes one
lefty swing,
778
00:31:10,601 --> 00:31:12,567
and you want to throw the whole
investigation out the window?
779
00:31:12,569 --> 00:31:15,737
We got an eyewitness
saying it wasn't him!
780
00:31:15,739 --> 00:31:18,140
Mary Smith was threatened.
781
00:31:18,142 --> 00:31:21,977
Hicks got her to say
exactly what he needed her to.
782
00:31:21,979 --> 00:31:24,312
He scared her so bad,
she's still lying for him.
783
00:31:24,314 --> 00:31:26,148
Happens all the time.
Come on, Gibbs.
784
00:31:26,150 --> 00:31:30,585
A witness is so intimidated
that they disappear.
785
00:31:30,587 --> 00:31:31,920
You know I'm right.
786
00:31:31,922 --> 00:31:33,388
I know about afterwards.
787
00:31:33,390 --> 00:31:35,323
I remember that.
788
00:31:35,325 --> 00:31:38,727
Mason wasn't the only one to get
a promotion off of all this.
789
00:31:40,164 --> 00:31:42,964
I was on this case for a year.
790
00:31:42,966 --> 00:31:45,500
I took Lieutenant O'Connell's
mother to dinner every Sunday
791
00:31:45,502 --> 00:31:48,503
because he wasn't there
to do it anymore.
792
00:31:48,505 --> 00:31:53,308
I promised her justice,
and that's what I gave her.
793
00:31:53,310 --> 00:31:57,212
You expose this witness?
794
00:31:58,015 --> 00:32:01,516
It ends me.
795
00:32:01,518 --> 00:32:05,120
My career.
796
00:32:05,122 --> 00:32:06,454
Emily.
797
00:32:06,456 --> 00:32:08,523
God, Emily.
798
00:32:08,525 --> 00:32:12,194
But...
799
00:32:12,196 --> 00:32:14,796
it's bigger than that.
800
00:32:14,798 --> 00:32:18,633
If you expose
Mary Smith,
801
00:32:18,635 --> 00:32:21,303
a murderer walks.
802
00:32:21,305 --> 00:32:23,538
A serial killer.
803
00:32:23,540 --> 00:32:25,073
Hicks goes off on his merry way,
804
00:32:25,075 --> 00:32:28,910
and we can't try him
for this anymore.
805
00:32:28,912 --> 00:32:32,747
You got blinders on, Tobias.
806
00:32:32,749 --> 00:32:34,883
You didn't do the job.
807
00:32:34,885 --> 00:32:38,019
You never acted
as judge and jury?
808
00:32:38,021 --> 00:32:41,890
Convicting him
was not your call to make.
809
00:32:41,892 --> 00:32:45,193
Hypocrite doesn't
look good on you.
810
00:32:50,200 --> 00:32:52,167
Get out.
811
00:32:52,169 --> 00:32:53,935
Gibbs...
812
00:32:53,937 --> 00:32:56,204
Leave.
813
00:32:56,206 --> 00:32:59,307
Tobias, get out.
814
00:33:16,377 --> 00:33:19,645
Okay, uh, send her up, please.
815
00:33:19,647 --> 00:33:21,255
Boss, Jessica Shaeffer's
on her way up now.
816
00:33:21,279 --> 00:33:22,115
What do we know?
817
00:33:22,116 --> 00:33:24,583
Have you talked
to Mary Smith?
818
00:33:24,585 --> 00:33:25,784
What do we know?
819
00:33:25,786 --> 00:33:27,653
Could she describe the killer?
820
00:33:27,655 --> 00:33:29,922
I asked you a question.
821
00:33:29,924 --> 00:33:31,891
What have you
been doing?
822
00:33:31,893 --> 00:33:33,859
- Where is the evidence?
- Boss, the list of suspects
823
00:33:33,861 --> 00:33:35,761
in these other four cases,
it's huge, and we can't
824
00:33:35,763 --> 00:33:38,063
connect any of 'em to
Lieutenant O'Connell's murder.
825
00:33:38,065 --> 00:33:41,300
But we can't connect Hicks
to any other cases either.
826
00:33:41,302 --> 00:33:43,035
BISHOP: Hicks may have
been in the area when all
827
00:33:43,037 --> 00:33:46,171
five murders happened, but so
were at least 20 other suspects.
828
00:33:46,173 --> 00:33:47,907
So we got nothing!
829
00:33:47,909 --> 00:33:49,275
Agent Gibbs.
830
00:33:50,444 --> 00:33:53,178
Agent Gibbs,
I need to speak to you.
831
00:33:55,850 --> 00:33:58,484
I thought
I had your cooperation.
832
00:33:58,486 --> 00:34:00,252
You should've
contacted me already.
833
00:34:00,254 --> 00:34:01,820
For what?
834
00:34:01,822 --> 00:34:03,455
You found Witness X.
835
00:34:06,827 --> 00:34:08,794
Says who?
836
00:34:08,796 --> 00:34:12,231
Are you telling me
you didn't find her?
837
00:34:12,233 --> 00:34:15,534
Or should we start talking
Brady violation?
838
00:34:16,771 --> 00:34:19,238
Agent Gibbs,
(scoffs) I don't know
839
00:34:19,240 --> 00:34:21,440
what's going on here,
but this is a man's life
840
00:34:21,442 --> 00:34:23,309
we're talking about.
841
00:34:24,345 --> 00:34:26,478
What did the witness say?
842
00:34:28,182 --> 00:34:30,783
I'm calling you to the stand.
843
00:34:30,785 --> 00:34:33,719
We'll see what you have to say
under oath.
844
00:34:42,530 --> 00:34:46,198
You had no business discussing
this investigation with anyone.
845
00:34:46,200 --> 00:34:49,234
Uh, who-who'd
I tell what?
846
00:34:49,236 --> 00:34:50,569
You know what I'm talking about.
847
00:34:50,571 --> 00:34:51,870
I wish I did.
848
00:34:51,872 --> 00:34:52,871
Damn it, Sloane...
849
00:34:52,873 --> 00:34:55,274
What? What?!
850
00:34:55,276 --> 00:34:57,209
The lawyer. Your new friend.
851
00:34:57,211 --> 00:34:59,511
You're the only one
with a connection to her,
852
00:34:59,513 --> 00:35:02,848
and she knew we found Witness X.
853
00:35:06,721 --> 00:35:08,921
Okay.
854
00:35:12,426 --> 00:35:16,028
I'm gonna lay it
out for you, okay?
855
00:35:16,030 --> 00:35:17,830
There's two choices.
856
00:35:19,233 --> 00:35:22,735
Option one,
you tell me what's going on,
857
00:35:22,737 --> 00:35:25,404
and none of it
ever leaves the room.
858
00:35:25,406 --> 00:35:28,240
Option two,
I find out on my own--
859
00:35:28,242 --> 00:35:30,909
and I will find out--
860
00:35:30,911 --> 00:35:33,445
then I can't make any promises.
861
00:35:35,583 --> 00:35:37,883
So now you know
I didn't open my big mouth,
862
00:35:37,885 --> 00:35:41,487
and you want to talk, but you
don't want me to think I won.
863
00:35:41,489 --> 00:35:43,856
Nobody won.
864
00:35:52,133 --> 00:35:53,532
(exhales)
865
00:35:53,534 --> 00:35:56,168
Just talk.
866
00:35:56,170 --> 00:35:59,071
Lawyer is calling
me to the stand.
867
00:36:02,243 --> 00:36:04,743
If I tell the truth,
868
00:36:04,745 --> 00:36:07,713
a man will lose
everything.
869
00:36:07,715 --> 00:36:11,483
This man...
870
00:36:11,485 --> 00:36:13,986
known him a long time.
871
00:36:15,856 --> 00:36:17,990
Has a daughter.
872
00:36:17,992 --> 00:36:21,527
He's your friend.
873
00:36:21,529 --> 00:36:23,562
Mm.
874
00:36:23,564 --> 00:36:25,831
And if you lie
to protect your friend,
875
00:36:25,833 --> 00:36:29,234
you could be re-sentencing
an innocent man to death.
876
00:36:29,236 --> 00:36:30,669
Yeah.
877
00:36:30,671 --> 00:36:32,905
That is quite
a conundrum, isn't it?
878
00:36:32,907 --> 00:36:34,807
(clears throat)
879
00:36:34,809 --> 00:36:38,677
So, what do you think
about my cabinet?
880
00:36:38,679 --> 00:36:41,346
I think you are trying
to distract me
881
00:36:41,348 --> 00:36:44,083
with a handcrafted piece
of furniture.
882
00:36:45,953 --> 00:36:47,920
Now, why would I do that?
883
00:36:47,922 --> 00:36:49,521
Because...
884
00:36:49,523 --> 00:36:52,925
you don't know the answers
any more than me.
885
00:36:52,927 --> 00:36:55,594
You're right.
886
00:36:55,596 --> 00:36:58,530
It is handmade.
887
00:36:58,532 --> 00:37:01,567
My, um...
888
00:37:01,569 --> 00:37:06,238
my dad made it for my mom
before they were married.
889
00:37:06,240 --> 00:37:10,442
He was this
great craftsman.
890
00:37:10,444 --> 00:37:13,312
But he was so busy
trying to woo her
891
00:37:13,314 --> 00:37:16,482
that he made the bottom drawers
too tight.
892
00:37:16,484 --> 00:37:19,585
It got humid,
and the wood swelled.
893
00:37:19,587 --> 00:37:22,054
And then they quit opening.
894
00:37:22,056 --> 00:37:26,358
He wanted to fix it,
but, uh, my mom said no.
895
00:37:26,360 --> 00:37:28,460
She loved it
just the way it was.
896
00:37:28,462 --> 00:37:30,796
That one act tells you
everything you need to know
897
00:37:30,798 --> 00:37:33,232
about my mom.
898
00:37:35,002 --> 00:37:37,569
Anyway... (sniffles)
899
00:37:37,571 --> 00:37:41,640
the drawers still don't open,
so it's empty.
900
00:37:42,776 --> 00:37:46,345
But I like having it
in my office.
901
00:37:46,347 --> 00:37:47,646
(grunts)
902
00:37:47,648 --> 00:37:50,249
It reminds me that
even extraordinary people
903
00:37:50,251 --> 00:37:51,850
make mistakes.
904
00:37:51,852 --> 00:37:54,786
That's a given.
905
00:37:54,788 --> 00:37:57,189
It's our response to...
906
00:37:57,191 --> 00:38:00,325
those mistakes that defines us.
907
00:38:03,397 --> 00:38:05,464
So...
908
00:38:12,339 --> 00:38:14,540
Lock up when you're done.
909
00:38:23,083 --> 00:38:26,885
Agent Gibbs,
answer the question.
910
00:38:26,887 --> 00:38:30,255
Did you locate
Witness X?
911
00:38:30,257 --> 00:38:31,990
(sighs softly)
912
00:38:33,794 --> 00:38:35,194
Yes. Yesterday.
913
00:38:35,196 --> 00:38:36,662
What's her name?
914
00:38:36,664 --> 00:38:39,131
Mary Elaine Smith.
915
00:38:39,133 --> 00:38:43,035
Was Mary Smith able to describe
the man in the blue van?
916
00:38:43,037 --> 00:38:44,670
Yes.
917
00:38:44,672 --> 00:38:46,905
What was her description?
918
00:38:46,907 --> 00:38:49,608
African-American,
919
00:38:49,610 --> 00:38:51,310
in his 40s.
(gallery murmuring)
920
00:38:53,447 --> 00:38:55,314
JUDGE:
Order.
921
00:38:55,316 --> 00:38:57,382
Order.
922
00:38:57,384 --> 00:39:00,485
Were you inclined to believe
this witness?
923
00:39:03,924 --> 00:39:05,624
Agent Gibbs,
924
00:39:05,626 --> 00:39:08,260
did you believe Mary Smith?
925
00:39:09,463 --> 00:39:10,729
Yes.
926
00:39:10,731 --> 00:39:12,397
Why is that?
927
00:39:12,399 --> 00:39:15,100
Because she gave
the same statement
928
00:39:15,102 --> 00:39:16,735
at the time of the crime.
929
00:39:16,737 --> 00:39:18,337
To whom?
930
00:39:21,342 --> 00:39:24,943
Let me remind you, Agent Gibbs,
you are under oath.
931
00:39:24,945 --> 00:39:29,214
To whom did Mary Smith give
her statement 11 years ago?
932
00:39:34,221 --> 00:39:36,989
FBI Agent Tobias Fornell.
933
00:39:36,991 --> 00:39:38,890
(gallery murmuring)
934
00:39:46,467 --> 00:39:48,500
Ladies and gentlemen,
if you'll follow me,
935
00:39:48,502 --> 00:39:51,103
Mr. Hicks will be making
a statement in the atrium.
936
00:39:51,105 --> 00:39:52,304
Thank you.
937
00:40:01,849 --> 00:40:04,650
Ah, Tobias.
938
00:40:04,652 --> 00:40:07,085
It was me.
939
00:40:07,087 --> 00:40:10,522
I tipped off the lawyer
about Witness X.
940
00:40:10,524 --> 00:40:12,224
Why?
941
00:40:12,226 --> 00:40:13,992
What the hell for?
942
00:40:13,994 --> 00:40:17,729
Because I knew
you'd do the right thing.
943
00:40:19,566 --> 00:40:24,069
I've been carrying this around
so long...
944
00:40:24,071 --> 00:40:27,339
I didn't know what
the right thing was anymore.
945
00:40:29,143 --> 00:40:31,243
But I knew you would.
946
00:40:32,313 --> 00:40:34,579
HICKS:
To my lawyer,
947
00:40:34,581 --> 00:40:36,381
Jessica Shaeffer.
948
00:40:36,383 --> 00:40:38,517
I can't thank her enough
for believing in me
949
00:40:38,519 --> 00:40:40,385
and seeing justice through
to the end.
950
00:40:40,387 --> 00:40:42,087
Thank you.
You're welcome.
951
00:40:42,089 --> 00:40:44,923
Thank you all.
Excuse me.
952
00:40:44,925 --> 00:40:47,592
(reporters clamoring)
953
00:40:47,594 --> 00:40:50,228
Agent Gibbs.
954
00:40:50,230 --> 00:40:51,897
(chuckles)
955
00:40:51,899 --> 00:40:53,865
I don't even know what to say.
956
00:40:53,867 --> 00:40:55,667
You don't have to say anything.
957
00:40:55,669 --> 00:40:57,502
You gonna be okay?
958
00:40:57,504 --> 00:40:59,771
Yeah. Yeah, it's just...
959
00:41:01,575 --> 00:41:03,442
It's overwhelming.
960
00:41:03,444 --> 00:41:06,311
I don't even know what to do
with myself out here anymore.
961
00:41:06,313 --> 00:41:08,146
Start small.
962
00:41:08,148 --> 00:41:10,115
Maybe some ice cream.
963
00:41:10,117 --> 00:41:11,917
(chuckles):
Right.
964
00:41:11,919 --> 00:41:14,786
Two scoops of chocolate,
in honor of my dad.
965
00:41:14,788 --> 00:41:17,923
Vanilla, wasn't it?
966
00:41:17,925 --> 00:41:20,225
You said your dad
ordered vanilla.
967
00:41:20,227 --> 00:41:23,195
(chuckles):
Vanilla. Right.
968
00:41:23,197 --> 00:41:25,530
I guess I'm even more
overwhelmed than I thought.
969
00:41:25,532 --> 00:41:27,299
Eh.
970
00:41:29,536 --> 00:41:31,536
Thank you.
971
00:41:31,538 --> 00:41:33,538
Oh, yeah.
972
00:41:34,541 --> 00:41:36,808
♪ ♪
973
00:41:43,984 --> 00:41:45,751
It's possible
he really was overwhelmed.
974
00:41:45,753 --> 00:41:47,886
Or he made the
whole thing up.
975
00:41:47,888 --> 00:41:51,390
You lie about ice cream,
it doesn't make you a murderer.
976
00:41:51,392 --> 00:41:52,991
No.
977
00:41:52,993 --> 00:41:55,594
Does make him a liar.
978
00:42:03,904 --> 00:42:06,371
SLOANE:
He knows we're here.
979
00:42:16,517 --> 00:42:18,683
Switch-hitter.
980
00:42:20,521 --> 00:42:23,054
He played us.
981
00:42:26,026 --> 00:42:28,260
Game's not over.
982
00:42:35,368 --> 00:42:42,168
== sync, corrected by elderman ==
@elder_man
70158
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