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NARRATOR:
In the criminal justice system

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the people are represented by two
separate yet equally important groups,

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the police
who investigate crime

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and the district attorneys
who prosecute the offenders.

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These are their stories.

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How do we know it's there?
'Cause I seen it.

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Where?

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If I tell you,
you won't pay me.

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Let's go.

10
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All right, it's down near the construction site.
But that's all I'm saying.

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How much?
Five each.

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I got mine.
All I got is two.

13
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Forget it.

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Come on, that's seven
for the both of us.

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Yo, you wanna see it or not?

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Two bucks or I'm
calling the cops.

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And what're you gonna
tell 'em? Peace out.

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There was a 911 call about a dead
kid in the construction area.

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Me and my partner took the job.

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That's where we found him.

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He was dead when you got here?

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I reached in and felt
for a pulse.

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Thanks, Stevens.

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BRISCOE: Son of a bitch.

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Kid's seven or eight,
neatly dressed.

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Till somebody pulled
his pants down.

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Yeah, I'll check for signs
of sexual abuse.

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Maybe all this creep needed
was a little peek.

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All right, let's pull him out.

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My guess is the perp nailed him out here,
and then hid his body in the pipe.

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ED: Looks like
blood on his scalp.

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There's something in his mouth.

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Let me take a look.

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It's a triple A battery.

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Crazy son of a bitch.

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The kid's a John Doe. We
checked Missing Persons.

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There's no reports
matching his description.

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Well someone's gonna miss that
little boy sooner or later.

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Patrol's canvassing the
neighborhood with his picture.

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Only got two teams, Loo. How about calling
the borough for some extra bodies?

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I'm on it.
Anything on that 911 call?

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Communications can pinpoint the
location once they find the tape.

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Hey, it's Saturday.

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The M.E.'s working.

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Cause of death was
cerebral hemorrhage.

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From the way the skull
fractured, you're looking for

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a blunt,
irregularly shaped object.

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Like one of the 10,000
rocks near the body?

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When was he killed?

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Uh, maybe an hour or two
before they found him.

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Kid was clean.
No tearing, no fluids.

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I found particles of sodium
chloride on his hands.

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Salt?

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Yeah, the large grain kind.

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Maybe from some
kind of snack item.

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Were there any prints
on the Triple A?

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Latent couldn't lift
anything useable.

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(CELL PHONE RINGING)

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I can tell you it was inserted postmortem.
Who knows why?

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Green.

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Hang on. Communications
got a hit on the 911.

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Thanks.
Yeah.

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SHORTY: I didn't
call the police.

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We have your voice on tape.

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Yeah, well my voice sounds
like a lot of kids.

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We traced the call
to your phone.

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You can do that?

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It's cool, you don't want to
talk to us, I know how you feel.

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But we have a murdered child.

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You saw the body.

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I had nothing to do with it,
I swear.

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How did you know where he was?

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This kid I know told me.
Jonas.

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Why'd he do that?

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I don't know. He wanted money
to show us the dead kid.

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What's a dead kid
go for these days?

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Five bucks.

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I just heard about this on the news.
What's it have to do with Jonas?

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Your kid was selling tickets
to see the body.

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What the hell?
Come on, Dad.

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You have three seconds
to explain this.

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I just heard a bunch of kids talking about
it in the park. I never even seen it.

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Who are these kids?
Just some kids.

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The girl who told me where the body
was was on my Little League team,

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like five years ago.

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What's her name?
I don't remember.

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I don't. She was just this dork
who was scared of the ball.

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I have his team photo inside.
All the kids signed the back.

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Do you remember Jonas,
from the Asteroids?

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He said you knew
where the body was.

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He was in the pipe.

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BRISCOE:
Do you know the boy's name?

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I saw a man put him there.

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You saw this, Tara?

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Do you know this man?

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No.

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But you remember
what the man looked like?

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Not really.

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Come on, Tara. You can do better than that.
Was he black or white?

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White.

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ED: You must have
noticed his hair.

102
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Yeah. He had short hair.

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And sideburns on his face.

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Why didn't you tell me?

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You told me not to
play over there.

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So what were you doing?
Mrs. Padden, please.

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How about his clothes?

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He had a blue uniform.

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And he smelled like gas,
like from a car.

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You were close enough
to smell him?

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After he put the boy
in the pipe.

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When he walked back.

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He didn't know
I was watching him.

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We had the witness
sit down with an artist.

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We're figuring the perp works in
a gas station or auto repair.

116
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Yeah, there's no hit on the MO

117
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and all our local pervos
are accounted for,

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so this guy may have
a clean sheet.

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So we'll canvass in sectors
around the murder scene.

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Yes, Lennie has
the assignments.

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I want you to flash the victim's
photo along with the sketch.

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Somebody may have seen the
boy with Mr. Goodwrench.

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Nobody reported
the kid missing?

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Maybe the kid's from
out of town.

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Or the doer's
one of his parents.

126
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I got two Pakistanis working here
plus one Tamil, one Nigerian.

127
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This looks like Bruce Willis.

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What about this boy?
You see him this morning?

129
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Oh, my God.

130
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Is that ayes?

131
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No, no, no, this boy comes with
his mother to buy the Lotto.

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You're sure?

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She lets him pick the numbers.

134
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Sometimes she charges her
gas on her Visa card.

135
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Aaron's just seven. What's he
have to do with the police?

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Was he wearing a navy blue T-shirt and
white Reebok sneakers this morning?

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He's at my sister's
in the village.

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Did you speak to either one
of them today, Mrs. Polansky?

139
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Well, not since this morning.
But I just got back from work.

140
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Oh, my God.

141
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Where is he?

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We're sorry.

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(WHIMPERS)

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I left him alone for an hour.

145
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Ruth was supposed to get him.

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We found him near
the highway construction.

147
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Why didn't she call me?

148
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Oh, my God.

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He's dead.

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Aaron, my baby.

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(SOBBING)

152
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Why don't we
call your sister, huh?

153
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Yeah, why don't we?

154
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I came by to pick Aaron up,
but no one was home.

155
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I thought my sister took him to work.
She's done that before.

156
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Why didn't you call
your sister at work?

157
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I did.

158
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Oh, God.

159
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I guess she didn't
get her message.

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Could Aaron get out by himself?

161
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He was tall enough
to reach the lock.

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ED: Was their door locked
when you got there?

163
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It was, but I have keys.

164
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I should have kept calling.

165
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Why don't we go
upstairs to your sister?

166
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Uh, can anybody get
in the front door?

167
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You gotta have keys
or get buzzed in.

168
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You remember seeing a guy
go in with a blue uniform,

169
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like a gas station jumpsuit,
something like that?

170
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Late 30's, short hair?

171
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Could be.

172
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Sounds like 1-B's
boyfriend.

173
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Dale Varnette?

174
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Yeah?

175
00:08:01,580 --> 00:08:04,390
Your boss says you were on a
break this morning around 10:00?

176
00:08:04,450 --> 00:08:05,480
Yeah, that's right.

177
00:08:05,550 --> 00:08:06,690
We need to talk.

178
00:08:06,750 --> 00:08:08,160
Richie wanted his car
an hour ago.

179
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Richie's gonna have to wait.

180
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You visit your girlfriend
this morning?

181
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She say I did something to her?

182
00:08:15,290 --> 00:08:16,860
Why did you have a little
eye-opener with her?

183
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Hey, pal, she made me
a cup of coffee.

184
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So you couldn't have
been there very long.

185
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I was in a hurry to
get back to work.

186
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That's why you took the shortcut
through the construction site?

187
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Construction site?

188
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Yeah we got a eye witness puts
you there with a little boy.

189
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Little boy? What the hell
you talking about?

190
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The kid you abducted from
your girlfriend's building.

191
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No way. No way. All I did was have a cup
of coffee, and go back to work. Alone.

192
00:08:34,710 --> 00:08:36,590
Anybody see you leave?

193
00:08:37,780 --> 00:08:40,990
Yeah, okay, yeah. There was
this girl there, 13,14.

194
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She was standing
in front of the building.

195
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You're gonna have do
better than that.

196
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Brown hair, kinda skinny,
wearing a Knicks T-shirt.

197
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She was by the building?

198
00:08:49,190 --> 00:08:51,100
Yeah. She was standing
by the door,

199
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like she was
waiting for somebody.

200
00:08:52,730 --> 00:08:55,070
You're gonna have to come down to the
station while we straighten this out.

201
00:08:55,130 --> 00:08:56,300
Why couldn't you just
find my witness?

202
00:08:56,360 --> 00:08:57,900
We already did.

203
00:09:00,800 --> 00:09:02,580
BRISCOE:
Here's the problem, Tara.

204
00:09:02,640 --> 00:09:05,280
You say you saw the man
by the construction site.

205
00:09:05,340 --> 00:09:06,510
I did.

206
00:09:06,570 --> 00:09:08,650
But we think you saw him
by the little boy's building,

207
00:09:08,710 --> 00:09:10,250
on 46th street.

208
00:09:10,610 --> 00:09:12,610
I wasn't at the building.

209
00:09:12,680 --> 00:09:14,250
BRISCOE: You sure
about that, Tara?

210
00:09:14,320 --> 00:09:15,590
Why do you think she's lying?

211
00:09:15,650 --> 00:09:17,650
I'm not lying, Mom.
I swear.

212
00:09:17,720 --> 00:09:20,930
Did you pass by that building
any other time today?

213
00:09:21,160 --> 00:09:22,190
No.

214
00:09:22,260 --> 00:09:24,430
All right, Mrs. Padden. Detective
Briscoe is going to take you

215
00:09:24,490 --> 00:09:26,340
to fill out
a CB 12-14.

216
00:09:26,390 --> 00:09:27,400
What's that?

217
00:09:27,460 --> 00:09:28,840
Cab Fare Requisition Form.

218
00:09:28,900 --> 00:09:31,710
Yeah, so the City will pay
for your transportation home.

219
00:09:40,340 --> 00:09:41,910
While your mom's
taking care of that, Tara,

220
00:09:42,240 --> 00:09:43,380
can you help me with something?

221
00:09:43,450 --> 00:09:44,790
All right.

222
00:09:45,580 --> 00:09:49,120
We're trying to catch the man
that hurt that little boy.

223
00:09:49,420 --> 00:09:51,560
I told you everything I saw.

224
00:09:51,750 --> 00:09:56,170
I noticed your mom rubs her lip,
when she's unhappy about something.

225
00:09:56,560 --> 00:09:58,700
Like this. Right?

226
00:10:01,300 --> 00:10:04,330
And when you're nervous, you twirl
your hair with your finger.

227
00:10:05,700 --> 00:10:07,340
It's just a habit.

228
00:10:07,570 --> 00:10:10,210
I think you do it
when you're telling a lie.

229
00:10:10,270 --> 00:10:12,310
Do you recognize this man?

230
00:10:12,410 --> 00:10:14,390
That's the man
I saw at the pipes.

231
00:10:15,180 --> 00:10:18,850
We talked to him. He says you saw
him at the little boy's building.

232
00:10:18,910 --> 00:10:20,690
He's lying or you're lying.

233
00:10:21,080 --> 00:10:22,320
I'm not.

234
00:10:23,590 --> 00:10:25,930
I'm going to speak to you
like a young woman, Tara.

235
00:10:26,590 --> 00:10:28,570
Do you understand
how important this is?

236
00:10:28,620 --> 00:10:31,130
If you don't believe me,
you can ask my friend.

237
00:10:31,430 --> 00:10:33,030
Someone else saw what happened?

238
00:10:33,460 --> 00:10:35,870
Jenny.
She's my best friend.

239
00:10:37,400 --> 00:10:41,510
Her friend Tara says they were playing
by the highway construction yesterday.

240
00:10:41,570 --> 00:10:42,570
Oh, yeah?

241
00:10:42,640 --> 00:10:43,950
It was just for
a couple of minutes.

242
00:10:44,010 --> 00:10:45,080
Tara made me go.

243
00:10:45,140 --> 00:10:46,780
Wasn't Gabbie watching you?

244
00:10:46,840 --> 00:10:48,380
She had to go
somewhere with her father.

245
00:10:48,440 --> 00:10:50,250
Did you see something
happen down there?

246
00:10:50,310 --> 00:10:51,720
You mean with the man
in the blue uniform?

247
00:10:51,780 --> 00:10:52,780
That's right.

248
00:10:52,850 --> 00:10:57,390
Well, there was this man and he had this
kid who was like dead or something,

249
00:10:57,450 --> 00:10:59,690
and he was putting him
inside a pipe.

250
00:10:59,750 --> 00:11:01,890
Why didn't you tell anybody?

251
00:11:02,320 --> 00:11:05,130
Tara said not to tell.
She's in 7th grade.

252
00:11:06,790 --> 00:11:08,710
Mom, can I go
back to the swings now?

253
00:11:08,760 --> 00:11:10,270
Sure, sweetie.

254
00:11:13,400 --> 00:11:15,780
Maybe you should
have a talk with her.

255
00:11:15,840 --> 00:11:16,840
Sure.

256
00:11:16,910 --> 00:11:20,280
BRISCOE: At some point we may need
your daughter to view a line-up.

257
00:11:20,340 --> 00:11:24,760
Well, you already have her friend. Why
do you have to drag her into this?

258
00:11:25,410 --> 00:11:27,760
I say we've got enough
to charge Varnette.

259
00:11:27,820 --> 00:11:29,660
Tara Padden ID'd his photo.

260
00:11:29,720 --> 00:11:32,700
And Varnette ID'd her, in front
of the dead kid's building.

261
00:11:32,750 --> 00:11:34,600
Maybe he noticed her
at the murder scene.

262
00:11:34,660 --> 00:11:38,130
Not a bad scam. Turn the
eyewitness into his alibi.

263
00:11:38,290 --> 00:11:41,040
I'm not buying it. I still
think the kid is lying.

264
00:11:41,100 --> 00:11:42,570
Because she plays
with her hair?

265
00:11:42,630 --> 00:11:43,730
You played cards with her, Ed?

266
00:11:43,800 --> 00:11:45,940
Varnette's lawyer calls here
every 10 minutes

267
00:11:46,000 --> 00:11:47,540
to ask what we're
holding him on.

268
00:11:47,600 --> 00:11:50,450
Look, if he walked the
boy out of the building,

269
00:11:50,510 --> 00:11:52,710
someone had to have seen them.

270
00:11:52,770 --> 00:11:54,410
I'll buy you some time.

271
00:11:54,480 --> 00:11:56,390
You bring me a witness.

272
00:11:58,580 --> 00:12:01,790
His name is Dale Varnette.
He's got a girlfriend in 1-B.

273
00:12:01,880 --> 00:12:03,560
He doesn't look familiar.

274
00:12:03,620 --> 00:12:05,620
What about you, Jake?
You remember seeing this man?

275
00:12:05,690 --> 00:12:07,260
Look, we're trying to
catch a movie.

276
00:12:07,320 --> 00:12:09,100
The man came here yesterday?

277
00:12:09,160 --> 00:12:10,660
BRISCOE:
Yeah, did you see him?

278
00:12:10,730 --> 00:12:11,900
I don't remember him.

279
00:12:11,960 --> 00:12:13,340
FRED: Is that it?

280
00:12:13,490 --> 00:12:16,030
Jenny was here Saturday.
Maybe she remembers.

281
00:12:16,800 --> 00:12:17,900
Jenny Brandt?

282
00:12:18,130 --> 00:12:19,870
He knows her from school.

283
00:12:19,930 --> 00:12:21,850
She wanted me to see
if I could come outside.

284
00:12:21,900 --> 00:12:23,110
She said she would
get me a hot dog.

285
00:12:23,710 --> 00:12:24,810
Did you go with her?

286
00:12:25,370 --> 00:12:27,410
I don't like to play with her.
She hits.

287
00:12:27,680 --> 00:12:30,180
Maybe you can
still make that movie.

288
00:12:31,010 --> 00:12:34,390
What do you think, Lennie? The two girls
came by to lure Jake with a hot dog?

289
00:12:34,450 --> 00:12:36,900
The salt on
Aaron Polansky's hands.

290
00:12:36,990 --> 00:12:39,160
Maybe he didn't want a hot dog.

291
00:12:39,250 --> 00:12:40,260
WOMAN: Thanks.

292
00:12:40,320 --> 00:12:42,300
Sold about five dozen
pretzels yesterday.

293
00:12:42,360 --> 00:12:43,360
Saturday is my best day.

294
00:12:43,460 --> 00:12:46,130
You remember this kid?
His name's Aaron Polansky?

295
00:12:46,260 --> 00:12:47,260
I don't think so.

296
00:12:47,330 --> 00:12:49,770
Try putting him with a couple
of girls, 10 and 12 years old.

297
00:12:49,830 --> 00:12:51,330
Lot of little girls
in the neighborhood.

298
00:12:51,400 --> 00:12:54,110
One of them had
blond hair and pigtails.

299
00:12:55,000 --> 00:12:56,110
Okay.

300
00:12:56,370 --> 00:13:00,050
She was 10 cents short. Cute kid,
looked like she was gonna cry.

301
00:13:00,110 --> 00:13:01,780
So I let her slide.

302
00:13:01,840 --> 00:13:03,050
Thanks.

303
00:13:03,510 --> 00:13:05,550
I was hoping you were wrong.

304
00:13:05,750 --> 00:13:09,350
Oh, I got a knot in my stomach
just thinking about this.

305
00:13:09,420 --> 00:13:12,860
It all adds up. Jenny goes
inside while Tara waits outside.

306
00:13:12,920 --> 00:13:15,930
Varnette said she was hanging
out by the building.

307
00:13:16,020 --> 00:13:18,530
Maybe there's something
we're missing.

308
00:13:18,590 --> 00:13:21,510
Call the parents, have them bring
the girls down for a talk.

309
00:13:22,660 --> 00:13:24,540
Ed had some rapport
with the older girl.

310
00:13:25,100 --> 00:13:26,940
Once Lennie got the mother
out of the way.

311
00:13:27,240 --> 00:13:30,410
Okay, you take the 10-year-old. Her
mother will have to be in the room.

312
00:13:30,470 --> 00:13:31,780
The other girl's 13.

313
00:13:31,840 --> 00:13:34,010
So you can talk to her
without a parent present.

314
00:13:36,580 --> 00:13:38,280
Are you sure about that?

315
00:13:38,350 --> 00:13:40,190
I'll let the mother listen
through the one-way.

316
00:13:40,250 --> 00:13:41,990
If she wants to stop,
I'll let you know.

317
00:13:42,080 --> 00:13:43,080
Sounds good.

318
00:13:43,580 --> 00:13:46,220
I'm giving you
a little slack here, Ed.

319
00:13:46,520 --> 00:13:48,400
Just don't break the rope.

320
00:13:53,160 --> 00:13:56,200
You understand, you can
get a lawyer if you want?

321
00:13:56,260 --> 00:13:58,510
I don't think we need a lawyer.

322
00:13:59,000 --> 00:14:03,450
Now, yesterday morning, Jenny, you went
out to play with your friend Tara?

323
00:14:04,170 --> 00:14:07,380
First Tara came over and
we watched some cartoons.

324
00:14:07,440 --> 00:14:09,220
Then Mom said we
could go to the playground.

325
00:14:09,280 --> 00:14:11,760
You were supposed to
be with Gabbie.

326
00:14:11,980 --> 00:14:14,150
BRISCOE: Do you know a boy
named Jake Hansen?

327
00:14:14,220 --> 00:14:15,320
Yeah.

328
00:14:15,820 --> 00:14:17,660
Did you go to his apartment?

329
00:14:18,190 --> 00:14:21,360
I went with Tara. We just wanted to
see if he could come play with us.

330
00:14:21,420 --> 00:14:23,300
You told me you were going
straight to the playground.

331
00:14:23,360 --> 00:14:24,770
No, I didn't.

332
00:14:24,830 --> 00:14:28,140
This isn't fair. Why is
everyone asking me questions?

333
00:14:28,500 --> 00:14:32,880
This Jake Hansen, he lives in the same
building as the boy that was murdered?

334
00:14:33,200 --> 00:14:34,410
That's right.

335
00:14:37,470 --> 00:14:40,210
You know something? My husband had a lawyer.
Maybe I should talk to him.

336
00:14:40,980 --> 00:14:42,220
He had a lawyer?

337
00:14:43,610 --> 00:14:44,950
Vince is in jail.

338
00:14:45,310 --> 00:14:46,590
For what?

339
00:14:46,710 --> 00:14:48,220
Stealing cars.

340
00:14:50,990 --> 00:14:52,990
I wanna make a phone call.

341
00:14:55,160 --> 00:14:59,760
ED: Remember how we talked about what
you saw at the construction site, Tara?

342
00:14:59,890 --> 00:15:02,400
I saw the man
with the blue uniform.

343
00:15:02,760 --> 00:15:06,230
Remember how I said you were
getting to be a young lady?

344
00:15:06,370 --> 00:15:07,470
Yeah.

345
00:15:08,600 --> 00:15:11,310
Young ladies only tell
the truth, right?

346
00:15:11,770 --> 00:15:12,950
Right.

347
00:15:15,110 --> 00:15:17,320
Unless they're
bad young ladies?

348
00:15:23,080 --> 00:15:25,830
I know you're not really bad.

349
00:15:26,390 --> 00:15:28,590
I know that in my heart, okay?

350
00:15:30,220 --> 00:15:31,330
Okay.

351
00:15:32,490 --> 00:15:35,960
So I want you to tell me
the truth about what happened.

352
00:15:37,830 --> 00:15:39,000
I did.

353
00:15:40,430 --> 00:15:42,040
You go to IS 48?

354
00:15:42,970 --> 00:15:44,070
Yeah.

355
00:15:44,140 --> 00:15:45,550
Like school?

356
00:15:46,040 --> 00:15:47,380
It's hard.

357
00:15:48,540 --> 00:15:50,020
You still play little league?

358
00:15:50,080 --> 00:15:51,220
Just soccer.

359
00:15:51,280 --> 00:15:53,920
Ooh, maybe I'm talking
to the next Mia Hamm.

360
00:15:57,050 --> 00:15:58,500
I'll never be as good as her.

361
00:15:58,550 --> 00:16:00,360
But you're getting
better though, right?

362
00:16:00,960 --> 00:16:02,330
I guess so.

363
00:16:04,290 --> 00:16:05,930
When I was a kid,

364
00:16:05,990 --> 00:16:09,170
all my friends tried out
for the basketball team.

365
00:16:10,530 --> 00:16:12,570
But I pretended I was sick.

366
00:16:13,600 --> 00:16:15,740
Because you weren't
good enough?

367
00:16:17,870 --> 00:16:18,980
Yeah.

368
00:16:20,780 --> 00:16:23,090
I never told anyone
that before.

369
00:16:24,410 --> 00:16:26,820
I feel better
now that I told you.

370
00:16:27,380 --> 00:16:30,420
You know sometimes
when you try to keep a secret,

371
00:16:30,490 --> 00:16:32,900
it hurts to hold it
inside of you.

372
00:16:34,160 --> 00:16:35,260
Yeah.

373
00:16:35,320 --> 00:16:38,130
But if you have a friend
to share it with,

374
00:16:38,690 --> 00:16:40,600
it feels better, right?

375
00:16:42,060 --> 00:16:43,740
I want to be your friend, Tara.

376
00:16:46,500 --> 00:16:47,710
I think

377
00:16:50,400 --> 00:16:52,080
you have a secret,

378
00:16:52,710 --> 00:16:55,120
about what happened
to that little boy.

379
00:16:55,180 --> 00:16:56,450
(SOBBING)

380
00:16:58,580 --> 00:17:00,350
Hold my hands, Tara.

381
00:17:01,420 --> 00:17:03,190
It's okay. Go ahead.

382
00:17:07,990 --> 00:17:09,800
We're friends, right?

383
00:17:15,160 --> 00:17:17,610
<i>ED: I wanna share
that secret with you</i>

384
00:17:19,170 --> 00:17:21,080
It's okay to cry, Tara.

385
00:17:21,600 --> 00:17:24,210
All that pain you're feeling, I want
you to give some of that to me.

386
00:17:24,510 --> 00:17:25,610
Okay.

387
00:17:26,410 --> 00:17:28,890
I'm not gonna let anybody
hurt you if you tell, okay?

388
00:17:28,940 --> 00:17:30,290
I promise.

389
00:17:30,480 --> 00:17:32,790
We didn't see the man
at the construction.

390
00:17:33,180 --> 00:17:34,720
ED: Okay, good.

391
00:17:34,950 --> 00:17:36,590
Who was there?
Tell me who was there.

392
00:17:36,650 --> 00:17:38,690
It... It was me and Jenny.

393
00:17:39,050 --> 00:17:40,360
What did you and Jenny do?

394
00:17:40,420 --> 00:17:42,490
We took him there.
The little boy.

395
00:17:43,720 --> 00:17:44,730
Did somebody hit him?

396
00:17:44,960 --> 00:17:47,460
Jenny did.
Jenny hit him with a rock.

397
00:17:47,660 --> 00:17:48,800
More than once?

398
00:17:49,300 --> 00:17:50,640
Like this.

399
00:17:57,370 --> 00:17:58,580
Did you hit him?

400
00:17:59,040 --> 00:18:00,420
Just Jenny.

401
00:18:00,710 --> 00:18:02,350
Did you know Jenny was
going to hurt him?

402
00:18:02,410 --> 00:18:03,450
No.

403
00:18:03,950 --> 00:18:05,580
What did you do
after she hit him?

404
00:18:05,650 --> 00:18:07,350
He wouldn't wake up.

405
00:18:07,420 --> 00:18:09,400
So we put him in the pipe.

406
00:18:09,880 --> 00:18:11,490
And you pulled his pants down?

407
00:18:11,550 --> 00:18:12,660
Yeah.

408
00:18:12,820 --> 00:18:14,200
Why did you do that?

409
00:18:14,260 --> 00:18:16,740
I don't know.
Jenny said to.

410
00:18:18,130 --> 00:18:19,660
It's okay, Tara.

411
00:18:19,730 --> 00:18:22,040
Thank you for
telling the truth.

412
00:18:22,560 --> 00:18:24,800
You're a very good young lady.

413
00:18:29,300 --> 00:18:30,580
(SOBBING)

414
00:18:34,480 --> 00:18:36,920
CLERK: "Docket numbers 556
and 557."

415
00:18:36,980 --> 00:18:39,120
"In the matter of Tara Padden
and Jennifer Brandt."

416
00:18:39,180 --> 00:18:40,660
"Murder in the
second degree."

417
00:18:40,720 --> 00:18:41,720
(CROWD MURMURING)

418
00:18:41,820 --> 00:18:43,390
How old are these children?

419
00:18:43,450 --> 00:18:45,730
Miss Brandt is 10.
Miss Padden is 13.

420
00:18:45,790 --> 00:18:48,860
We may transfer her to Supreme Court
and prosecute her as an adult.

421
00:18:48,920 --> 00:18:51,600
Let us know, Ms. Carmichael.
You want bail?

422
00:18:51,660 --> 00:18:54,000
There's obviously been a lack
of parental control here.

423
00:18:54,060 --> 00:18:55,440
I represent Tara Padden.

424
00:18:55,500 --> 00:18:57,840
Your Honor, Ms. Carmichael
assumes my client is guilty.

425
00:18:57,970 --> 00:18:59,470
CARMICHAEL:
She confessed, Judge.

426
00:18:59,530 --> 00:19:01,950
The statement was elicited
by an aggressive officer,

427
00:19:02,000 --> 00:19:04,950
who pressured her to tell him
what he wanted to hear.

428
00:19:05,010 --> 00:19:07,540
I'm moving to suppress
the statement.

429
00:19:08,040 --> 00:19:10,040
I'll put the matter over
for a hearing.

430
00:19:10,110 --> 00:19:11,450
What about Miss Brandt?

431
00:19:11,510 --> 00:19:13,750
She denies any
participation in this.

432
00:19:13,810 --> 00:19:15,950
Miss Padden's statement indicates
Miss Brandt was the one

433
00:19:16,020 --> 00:19:17,090
who hit the victim with a rock.

434
00:19:17,150 --> 00:19:19,890
Tara's a liar. She blames everything
on me, 'cause she's older.

435
00:19:19,950 --> 00:19:21,760
JUDGE: Quiet down, Miss.

436
00:19:22,060 --> 00:19:24,760
I'm releasing these children
to their parents.

437
00:19:24,830 --> 00:19:25,960
Your Honor...

438
00:19:26,030 --> 00:19:29,100
But I am requiring
electronic ankle monitoring.

439
00:19:29,930 --> 00:19:31,100
You should've been there.

440
00:19:31,170 --> 00:19:33,200
The ankle monitors
we had didn't fit.

441
00:19:33,270 --> 00:19:35,180
We had to punch extra holes.

442
00:19:35,240 --> 00:19:36,510
If it wasn't so pathetic...

443
00:19:36,570 --> 00:19:37,880
What about this confession?

444
00:19:37,940 --> 00:19:41,440
If there was manipulation, her
mother could have jumped in.

445
00:19:41,810 --> 00:19:43,550
"Share your pain with me,"

446
00:19:43,610 --> 00:19:44,610
"the next Mia Hamm."

447
00:19:44,850 --> 00:19:46,950
What I hear is
damn good police work.

448
00:19:47,010 --> 00:19:49,020
I see an overzealous cop.

449
00:19:50,850 --> 00:19:53,260
This didn't make you
uncomfortable, Anita?

450
00:19:53,320 --> 00:19:55,530
Maybe I could have
pulled him back a little.

451
00:19:55,590 --> 00:19:58,970
But it doesn't mean it didn't
happen the way the girl said.

452
00:19:59,160 --> 00:20:01,270
Or she made up a story
to please an authority figure.

453
00:20:01,600 --> 00:20:03,130
CARMICHAEL: ls Dale Varnette
still in custody?

454
00:20:03,200 --> 00:20:06,800
We released him. As far as we're
concerned, the case is closed.

455
00:20:07,270 --> 00:20:10,270
It could all fall apart
at the suppression hearing.

456
00:20:11,070 --> 00:20:14,210
Well, now, that depends
on you, Counselor.

457
00:20:14,840 --> 00:20:17,290
Those girls killed
that little boy.

458
00:20:20,410 --> 00:20:21,620
(DOOR OPENING)

459
00:20:24,750 --> 00:20:28,460
SPECTOR: The police did everything
possible to manipulate this little girl.

460
00:20:28,520 --> 00:20:29,930
They bribed her
with a Happy Meal.

461
00:20:29,990 --> 00:20:31,490
They chatted about her hobbies.

462
00:20:31,560 --> 00:20:34,540
JACK: The detective was creating a
bond of trust with the suspect.

463
00:20:34,600 --> 00:20:35,940
Or an atmosphere of coercion.

464
00:20:36,000 --> 00:20:38,840
Why did Detective Green suggest
details of the crime to her?

465
00:20:38,930 --> 00:20:41,210
This wasn't a kid who wouldn't
talk without a little prodding.

466
00:20:41,340 --> 00:20:42,680
A little prodding?

467
00:20:42,740 --> 00:20:44,810
This was a snow job on a girl
who repeated the sixth grade.

468
00:20:45,540 --> 00:20:48,110
JACK: The police are allowed to
use deception during questioning.

469
00:20:48,180 --> 00:20:49,350
With an adult,

470
00:20:49,410 --> 00:20:51,320
who's presumed to have the
intelligence and experience

471
00:20:51,380 --> 00:20:52,550
to evaluate these lies.

472
00:20:52,610 --> 00:20:54,220
JACK: The mother could have
stopped it at anytime.

473
00:20:54,280 --> 00:20:55,890
Why did the police exclude her?

474
00:20:55,950 --> 00:20:58,860
When they interviewed Tara previously,
the mother was inhibiting her.

475
00:20:58,920 --> 00:21:01,590
And why wasn't Detective
Green's partner present?

476
00:21:01,660 --> 00:21:04,360
Detective Green had already
established a rapport with her.

477
00:21:04,490 --> 00:21:06,340
He's been cited twice
for excessive force.

478
00:21:06,390 --> 00:21:07,870
He held her hand.

479
00:21:07,930 --> 00:21:10,070
Are you accusing him
of excessive kindness?

480
00:21:10,130 --> 00:21:11,510
I'm accusing him
of railroading a child.

481
00:21:11,570 --> 00:21:13,700
All right, I've heard enough.

482
00:21:13,770 --> 00:21:15,540
I've reviewed
the interrogation.

483
00:21:15,600 --> 00:21:18,170
It's apparent the police
acted in a manner calculated

484
00:21:18,240 --> 00:21:21,550
to manufacture an admission
from an immature 13-year-old.

485
00:21:21,610 --> 00:21:24,680
This so-called confession
is inherently unreliable,

486
00:21:24,750 --> 00:21:27,350
it doesn't pass
due process standards,

487
00:21:27,520 --> 00:21:28,650
and I won't consider it.

488
00:21:28,720 --> 00:21:30,960
Motion to suppress is granted.

489
00:21:32,790 --> 00:21:33,890
What do we have to do?

490
00:21:33,950 --> 00:21:36,030
Put an A.D.A.
in every precinct?

491
00:21:36,090 --> 00:21:37,870
Lieutenant Van Buren
made a judgment call.

492
00:21:37,930 --> 00:21:39,840
She made the wrong judgment.

493
00:21:39,890 --> 00:21:42,000
I don't think
these kids are innocent.

494
00:21:42,060 --> 00:21:43,670
Little girl killers?

495
00:21:43,730 --> 00:21:46,140
CARMICHAEL: You can't believe it because
they wear knee socks and pigtails?

496
00:21:46,200 --> 00:21:47,680
Could have been an accident.

497
00:21:48,840 --> 00:21:51,840
The battery in the boy's
mouth, the victim's pants...

498
00:21:51,910 --> 00:21:53,210
Sounds like an adult offender.

499
00:21:53,270 --> 00:21:55,220
You have something
beside this confession?

500
00:21:55,280 --> 00:21:57,690
There were salt particles
on the victim's hands.

501
00:21:57,750 --> 00:21:59,690
Jenny bought a pretzel
right before the murder.

502
00:22:00,180 --> 00:22:02,490
Case is built
on salt particles?

503
00:22:03,280 --> 00:22:07,230
We have a witness who put Jenny Brandt in
the building at the time of the abduction.

504
00:22:07,460 --> 00:22:09,130
Who's the witness?

505
00:22:09,220 --> 00:22:10,900
An eight-year-old.

506
00:22:12,130 --> 00:22:14,470
Detective Green
take his statement?

507
00:22:16,260 --> 00:22:20,180
I don't think this Tara Padden is
smart enough to pull this off.

508
00:22:21,970 --> 00:22:24,780
Maybe the younger girl
pulled the strings.

509
00:22:25,440 --> 00:22:28,440
Gabbie's been babysitting for
Jenny since the Brandts moved in,

510
00:22:28,510 --> 00:22:30,320
about five years ago.

511
00:22:31,550 --> 00:22:33,390
Is she hard to take care of?

512
00:22:33,480 --> 00:22:36,220
If you don't do exactly what
she wants, she just loses it.

513
00:22:36,280 --> 00:22:39,460
Like, if I'm watching TV and
not paying attention to her,

514
00:22:39,520 --> 00:22:41,190
she throws a total fit.

515
00:22:41,260 --> 00:22:43,630
Does she get along
with other kids?

516
00:22:43,690 --> 00:22:46,230
She's okay with girls, but I don't
think she likes boys too much.

517
00:22:46,290 --> 00:22:47,600
What do you mean?

518
00:22:47,660 --> 00:22:51,440
She once borrowed my 16 Magazine and
blacked out all the eyes on the boys.

519
00:22:51,500 --> 00:22:53,710
She said she wished
they would all just die.

520
00:22:53,770 --> 00:22:55,250
Has she always been like this?

521
00:22:55,300 --> 00:22:57,370
She's always getting into
fights with boys at school

522
00:22:57,440 --> 00:23:00,150
and it's gotten a lot worse
since her father went to jail.

523
00:23:00,210 --> 00:23:02,450
You wouldn't believe what goes
on in their apartment though.

524
00:23:02,510 --> 00:23:03,850
Like what?

525
00:23:04,040 --> 00:23:06,050
Her mother tells her
all about her boyfriends.

526
00:23:06,110 --> 00:23:08,120
They don't even close
the bedroom door.

527
00:23:08,180 --> 00:23:09,530
She knows more
about sex than I do.

528
00:23:10,620 --> 00:23:12,660
Does Jenny have
any contact with her father?

529
00:23:12,720 --> 00:23:14,600
Jocelyn won't let her see him.

530
00:23:14,660 --> 00:23:16,400
I felt bad for her.

531
00:23:17,590 --> 00:23:21,510
Don't tell Jocelyn, but I let
Vince talk to Jenny on my phone.

532
00:23:21,900 --> 00:23:23,000
And how recently was that?

533
00:23:23,960 --> 00:23:27,610
Last time was a couple of
days before the police came.

534
00:23:31,210 --> 00:23:33,190
VINCE: You think my daughter
did a murder?

535
00:23:33,240 --> 00:23:35,350
JACK: That's what her
friend Tara says.

536
00:23:35,410 --> 00:23:37,690
Well, maybe this other kid's
full of crap.

537
00:23:37,750 --> 00:23:39,690
There is corroborating
evidence, Mr. Brandt.

538
00:23:39,950 --> 00:23:43,020
She's 10 years old.
She can barely ride a bike.

539
00:23:43,080 --> 00:23:46,290
She lured a seven-year-old boy
from his apartment.

540
00:23:47,220 --> 00:23:49,460
There was a battery
stuffed in his mouth.

541
00:23:50,890 --> 00:23:52,230
A battery?

542
00:23:55,800 --> 00:23:57,800
What if they find her guilty?

543
00:23:57,870 --> 00:23:59,900
You gonna put her in one
of those juvie homes?

544
00:23:59,970 --> 00:24:01,810
That's one possibility.

545
00:24:01,870 --> 00:24:03,250
Those places are pretty rough.

546
00:24:03,300 --> 00:24:05,220
CARMICHAEL: It's not as rough
as her home environment.

547
00:24:06,310 --> 00:24:09,880
Your wife has sex with her boyfriends
while Jenny's in the room.

548
00:24:10,540 --> 00:24:12,420
(WHISPERS) That bitch.

549
00:24:13,510 --> 00:24:15,520
And I'm locked up in there.

550
00:24:15,580 --> 00:24:18,220
Auto theft is
a non-violent conviction.

551
00:24:18,620 --> 00:24:21,760
We can have you moved to a
facility closer to the city.

552
00:24:21,820 --> 00:24:23,560
There's a possibility
of work release.

553
00:24:23,620 --> 00:24:25,230
(SIGHS) Oh, God.

554
00:24:25,490 --> 00:24:27,670
JACK: You know what,
Mr. Brandt?

555
00:24:27,730 --> 00:24:29,170
You help us, we'll help her.

556
00:24:29,230 --> 00:24:31,040
I gotta think what to do here.

557
00:24:31,100 --> 00:24:32,910
We are not the enemy.

558
00:24:33,530 --> 00:24:36,310
You think we want to slam
a 10-year-old child?

559
00:24:39,670 --> 00:24:41,310
(BREATHES DEEPLY)

560
00:24:45,950 --> 00:24:48,550
There's this picture
I gotta show you.

561
00:24:49,620 --> 00:24:53,330
JACK: Jenny sent this to her father
just before she was arrested.

562
00:24:53,390 --> 00:24:54,990
It's Aaron Polansky.

563
00:24:55,060 --> 00:24:56,730
With batteries around his head.

564
00:24:56,790 --> 00:24:58,930
It's just a child's drawing.

565
00:24:59,060 --> 00:25:01,730
The girl holding the rock,
that's Jenny.

566
00:25:01,800 --> 00:25:05,070
It's a pictorial confession.
It implicates both girls.

567
00:25:05,130 --> 00:25:06,810
Well, if that's Tara,

568
00:25:06,870 --> 00:25:09,640
she's just standing there,
like she said all along.

569
00:25:10,100 --> 00:25:11,810
I had a hard time
believing it myself.

570
00:25:11,870 --> 00:25:13,820
Now I'm convinced.
They're murders.

571
00:25:13,910 --> 00:25:16,790
If you brought us down here to
plea bargain, I'm not interested.

572
00:25:16,840 --> 00:25:18,850
Isn't your objective to do
what's best for her?

573
00:25:18,910 --> 00:25:22,190
Locking her up with other out-of-control
kids is hardly the answer.

574
00:25:22,250 --> 00:25:23,390
I'm fighting the charges.

575
00:25:23,450 --> 00:25:24,950
Easy for you to walk away.
You're in juvie court.

576
00:25:25,020 --> 00:25:26,430
My client's facing
a life sentence.

577
00:25:26,490 --> 00:25:28,060
She's three years older.
Jenny led her by the nose.

578
00:25:28,120 --> 00:25:30,660
Jenny didn't know
what she was doing.

579
00:25:30,990 --> 00:25:32,100
Here's my notice.

580
00:25:34,060 --> 00:25:36,270
I'm pleading not responsible.

581
00:25:38,600 --> 00:25:39,700
(DOOR OPENING)

582
00:25:44,070 --> 00:25:47,080
Sharkey's conceding Jenny
committed the murder.

583
00:25:47,140 --> 00:25:49,450
She's claiming she's
mentally ill?

584
00:25:49,510 --> 00:25:52,920
Too young to appreciate the
consequences of her actions.

585
00:25:52,980 --> 00:25:55,520
The judge buys it
it's a total walk.

586
00:25:56,320 --> 00:25:59,130
Well, maybe there's something to it, Jack.
She is 10 years old.

587
00:25:59,220 --> 00:26:00,660
I don't know.

588
00:26:00,720 --> 00:26:04,360
Old enough to rope in an
accomplice, and lie to the police.

589
00:26:05,260 --> 00:26:07,870
I'm calling Skoda
for a psych work up.

590
00:26:09,960 --> 00:26:12,240
How did you feel
when your father left?

591
00:26:12,300 --> 00:26:13,800
I didn't care.

592
00:26:14,270 --> 00:26:16,180
It didn't make you sad?

593
00:26:16,300 --> 00:26:17,410
Nope.

594
00:26:18,110 --> 00:26:20,180
But you wrote letters to him in jail.
You must have missed him?

595
00:26:21,740 --> 00:26:24,150
My mom got
a boyfriend right away.

596
00:26:24,910 --> 00:26:26,520
Byron the Beast.

597
00:26:27,110 --> 00:26:29,150
Why did you call him that?

598
00:26:29,480 --> 00:26:31,360
Because he was smelly.

599
00:26:32,550 --> 00:26:34,530
When did you smell him, Jenny?

600
00:26:35,260 --> 00:26:37,670
You know, whenever
he came near me.

601
00:26:38,160 --> 00:26:39,730
Did he ever get
really close to you?

602
00:26:39,790 --> 00:26:40,830
No.

603
00:26:41,830 --> 00:26:43,400
Did he ever touch you?
No.

604
00:26:44,300 --> 00:26:46,510
Make sure you write that down.

605
00:26:46,730 --> 00:26:48,610
I saw Byron touch Mom.

606
00:26:49,640 --> 00:26:51,780
They did all kinds of stuff.

607
00:26:53,070 --> 00:26:54,450
I hate him!

608
00:26:55,280 --> 00:26:56,910
Did you want to hurt him?
I wanted to.

609
00:26:58,380 --> 00:26:59,980
Byron's too big.

610
00:27:01,420 --> 00:27:03,760
Did you ever think
about hurting someone else?

611
00:27:04,120 --> 00:27:06,430
Sometimes I think about
hurting a little boy.

612
00:27:06,620 --> 00:27:08,030
Hurting how?

613
00:27:09,120 --> 00:27:11,760
Hit them over the head
and make them cry.

614
00:27:12,060 --> 00:27:15,910
Kill them and leave them with no
clothes on so they'll look stupid.

615
00:27:16,560 --> 00:27:18,300
Do you have
these thoughts often?

616
00:27:18,400 --> 00:27:19,600
Uh-huh.

617
00:27:20,570 --> 00:27:21,880
Since when?

618
00:27:21,940 --> 00:27:23,780
I don't know.
A long time.

619
00:27:25,610 --> 00:27:28,680
Have you tried hurting
other things, like a pet?

620
00:27:30,510 --> 00:27:33,860
There was this tabby cat
that lived in my building.

621
00:27:34,010 --> 00:27:36,520
It used to like me
'cause I gave it ice cream.

622
00:27:36,980 --> 00:27:38,290
So what happened to it?

623
00:27:38,350 --> 00:27:42,060
I gave him some ice cream, but, I
put some cleaning stuff in it,

624
00:27:42,120 --> 00:27:44,160
you know like for the floors.

625
00:27:44,220 --> 00:27:47,760
And it like started screaming
and choking and everything.

626
00:27:47,830 --> 00:27:49,500
Then it went dead.

627
00:27:49,630 --> 00:27:51,230
It was way cool.

628
00:27:52,170 --> 00:27:54,270
That makes me so angry, Jenny.

629
00:27:54,330 --> 00:27:56,510
How could you do that to a
helpless little animal?

630
00:27:56,570 --> 00:27:58,050
I don't know.

631
00:27:58,110 --> 00:28:00,350
Is that how you felt
when you hit the little boy?

632
00:28:00,410 --> 00:28:03,250
It wasn't cool or anything
like with the cat.

633
00:28:03,310 --> 00:28:05,020
I just hit him with a rock.

634
00:28:05,080 --> 00:28:07,790
He deserved it.
He wouldn't stop crying.

635
00:28:16,090 --> 00:28:18,230
When the boy didn't wake up,

636
00:28:18,460 --> 00:28:19,460
what did you think?

637
00:28:19,930 --> 00:28:21,600
I don't know.
That he went dead.

638
00:28:21,660 --> 00:28:22,970
That's why I put
the battery in his mouth.

639
00:28:23,030 --> 00:28:24,530
To give him some electricity
to wake him up,

640
00:28:24,600 --> 00:28:26,810
like they do in the hospitals.

641
00:28:27,940 --> 00:28:30,380
Jenny's been emotionally abused.
Maybe physically.

642
00:28:30,770 --> 00:28:33,340
She lashes off when her anger
reaches the boiling point.

643
00:28:33,410 --> 00:28:35,050
So we lock this girl up?

644
00:28:35,110 --> 00:28:36,350
Get used to it.

645
00:28:36,410 --> 00:28:38,950
More and more girls
committing violent crimes.

646
00:28:39,010 --> 00:28:40,180
I don't see anything for Jenny

647
00:28:40,250 --> 00:28:43,460
except a future of escalating
anti-social behavior.

648
00:28:44,650 --> 00:28:46,630
What makes you say that?

649
00:28:46,690 --> 00:28:49,030
Emotional abuse,
the snuffed cat,

650
00:28:49,420 --> 00:28:50,870
the blacked-out photographs.

651
00:28:50,920 --> 00:28:53,770
Her lack of response
when I went after her.

652
00:28:53,960 --> 00:28:56,130
Her fantasies about
hurting little boys.

653
00:28:56,200 --> 00:28:58,640
Yeah, previews of
coming attractions.

654
00:28:58,700 --> 00:29:01,440
She's graduated to murder.
She's not gonna stop.

655
00:29:01,500 --> 00:29:02,880
You sound pretty sure.

656
00:29:02,940 --> 00:29:06,150
Kid's a done deal. She's a
textbook serial killer.

657
00:29:06,770 --> 00:29:08,650
We just got her early.

658
00:29:13,180 --> 00:29:15,630
You've read the reports,
Ms. Sharkey.

659
00:29:15,680 --> 00:29:17,590
Jenny Brandt is damaged goods.

660
00:29:17,650 --> 00:29:19,030
So what do you want?

661
00:29:19,520 --> 00:29:22,520
Consent to restrictive
placement until age 21,

662
00:29:22,590 --> 00:29:23,830
reassess when she's an adult.

663
00:29:24,730 --> 00:29:27,830
I'm sorry. She's too young
to just throw in the towel.

664
00:29:27,890 --> 00:29:31,030
She's deeply disturbed. She needs
to be kept away from little boys.

665
00:29:31,670 --> 00:29:35,480
We can stipulate Jenny be housed in a
facility with psychiatric services.

666
00:29:35,540 --> 00:29:37,710
She can get treatment
on the outside.

667
00:29:37,770 --> 00:29:41,150
The best you can get under the Family
Court Act is five years, Mr. McCoy.

668
00:29:41,210 --> 00:29:43,450
And I'm not helping you get it.

669
00:29:45,050 --> 00:29:47,290
Five years in a youth facility,

670
00:29:47,650 --> 00:29:49,490
it's not gonna
solve the problem.

671
00:29:49,550 --> 00:29:52,290
That's the law, Jack.
Our hands are tied.

672
00:29:52,520 --> 00:29:55,970
Not if we can convince Miss
Brandt to commit her daughter.

673
00:29:56,020 --> 00:29:57,930
An open-ended
psychiatric confinement?

674
00:29:57,990 --> 00:30:01,600
If the system doesn't have a place for
this girl, we've got to make one.

675
00:30:01,660 --> 00:30:04,800
So I sign the papers and they
put Jenny in a mental hospital?

676
00:30:04,870 --> 00:30:08,180
As long as your application is approved
by a pre-certification committee.

677
00:30:08,240 --> 00:30:09,740
And how long does she stay?

678
00:30:09,900 --> 00:30:12,710
Until the doctors think
she's no longer a threat.

679
00:30:12,910 --> 00:30:14,250
Well, that could be forever.

680
00:30:14,310 --> 00:30:16,080
Your daughter is
a predator, Ms. Brandt.

681
00:30:16,140 --> 00:30:19,020
She needs to be somewhere where
she can't hurt other people.

682
00:30:19,080 --> 00:30:20,820
Jenny's all I have.

683
00:30:20,880 --> 00:30:24,060
You did the best you could,
but you can't handle her.

684
00:30:24,120 --> 00:30:25,290
(LAUGHS) Go ahead
Blame me for this.

685
00:30:25,350 --> 00:30:26,990
We're not blaming anybody.

686
00:30:27,050 --> 00:30:28,290
Your daughter needs help.

687
00:30:28,360 --> 00:30:31,430
I am not putting Jenny
in a mental institution.

688
00:30:31,630 --> 00:30:33,000
We're done.

689
00:30:36,100 --> 00:30:38,800
Well, that solves
my problems with this.

690
00:30:40,200 --> 00:30:42,310
You promised me
you would help her.

691
00:30:42,370 --> 00:30:43,580
This is helping her.

692
00:30:43,640 --> 00:30:46,210
You said Jenny'd be in a
juvie home, not a nut house.

693
00:30:46,270 --> 00:30:49,080
That was before we knew
what we were dealing with.

694
00:30:49,710 --> 00:30:52,210
Look at the people here,
Mr. Brandt.

695
00:30:56,680 --> 00:30:58,420
Jenny's on her way.

696
00:30:59,120 --> 00:31:01,930
Are you gonna watch
or you gonna help her?

697
00:31:03,760 --> 00:31:04,960
(SIGHS)

698
00:31:10,630 --> 00:31:12,470
You two have been on the road?

699
00:31:12,530 --> 00:31:16,610
Peconic Correctional Facility. Vince
Brandt signed the commitment papers.

700
00:31:16,670 --> 00:31:18,480
State head-shrinkers

701
00:31:18,570 --> 00:31:21,310
In the past year they
released three subway pushers

702
00:31:21,380 --> 00:31:23,880
and a man who dined
on his neighbor's liver.

703
00:31:23,940 --> 00:31:25,080
There's no other way.

704
00:31:25,150 --> 00:31:27,680
What about the way the state
legislature prescribes?

705
00:31:27,750 --> 00:31:30,390
They never conceived
of a Jenny Brandt.

706
00:31:31,820 --> 00:31:34,160
Legal Aid wants her
back at home.

707
00:31:34,350 --> 00:31:35,960
I'm not going to
let that happen.

708
00:31:36,160 --> 00:31:38,160
I don't want this office
coming off inhumane.

709
00:31:38,230 --> 00:31:41,670
Inhumane to whom? To Jenny or to the
society on which she wreaks havoc?

710
00:31:42,360 --> 00:31:44,360
What do you got planned
for the older girl? Attica?

711
00:31:45,630 --> 00:31:47,440
We cut a deal with the lawyer.

712
00:31:47,500 --> 00:31:49,980
She's pleading as
a juvenile offender.

713
00:31:50,040 --> 00:31:51,710
We're leaving sentencing
up to the judge.

714
00:31:51,940 --> 00:31:53,470
Wonderful.
(KNOCKING ON DOOR)

715
00:31:53,540 --> 00:31:56,180
Well, Jenny's lawyer
caught wind of it.

716
00:31:56,280 --> 00:31:58,720
She filed a motion to
stop the civil commitment.

717
00:31:58,780 --> 00:32:00,320
We'll fight it.

718
00:32:00,450 --> 00:32:03,620
Skoda convinced me,
he'll convince Judge Solomon.

719
00:32:03,920 --> 00:32:06,260
Jenny's lawyer has
an expert too.

720
00:32:07,150 --> 00:32:09,100
We've retained
Elizabeth Olivet.

721
00:32:10,090 --> 00:32:13,070
Wasn't Dr. Olivet formerly
affiliated with the D.A.'s office?

722
00:32:13,130 --> 00:32:15,770
And now she's in private practice,
specializing in children.

723
00:32:15,830 --> 00:32:18,280
She's examined Jenny and feels
that Mr. McCoy's position

724
00:32:18,330 --> 00:32:20,140
is based on
a bunch of voodoo psychology.

725
00:32:20,200 --> 00:32:21,870
With all due respect
to Dr. Olivet,

726
00:32:21,940 --> 00:32:24,420
a parent has a right to
commit a mentally ill child.

727
00:32:24,470 --> 00:32:27,610
Except the mother opposes it and
there's a family court charge pending.

728
00:32:27,670 --> 00:32:30,780
Aren't you usurping the authority
of the Family Court, Mr. McCoy?

729
00:32:30,840 --> 00:32:33,260
If that's a problem,
we'll drop the prosecution.

730
00:32:33,310 --> 00:32:34,620
Do you see what's
happening here?

731
00:32:34,680 --> 00:32:37,320
Mr. McCoy's short circuiting
Jenny's defense by committing her.

732
00:32:37,720 --> 00:32:39,890
I'm trying to protect
the public from a killer.

733
00:32:39,950 --> 00:32:41,560
You're making it up
as you go along.

734
00:32:41,620 --> 00:32:42,960
JUDGE: You know something,
Ms. Sharkey?

735
00:32:43,020 --> 00:32:44,900
We have a 10-year-old
killer here.

736
00:32:44,960 --> 00:32:46,840
Mr. McCoy's position
has some merit.

737
00:32:46,890 --> 00:32:47,890
Judge...

738
00:32:47,960 --> 00:32:49,270
I want to hear from
both your psychologists.

739
00:32:49,330 --> 00:32:52,310
And anyone else who has
some insight on this child.

740
00:32:52,370 --> 00:32:55,110
Then I'll rule,
on the whole ball of wax.

741
00:32:59,810 --> 00:33:03,340
JACK: After examining Miss
Brandt, what's your diagnosis?

742
00:33:03,680 --> 00:33:05,380
The child is a sociopath.

743
00:33:05,710 --> 00:33:07,390
In layman's terms?

744
00:33:07,480 --> 00:33:08,960
Enormous anger,

745
00:33:09,020 --> 00:33:11,120
which she directs
at other children.

746
00:33:11,180 --> 00:33:13,360
She's desensitized to violence,

747
00:33:13,420 --> 00:33:15,660
lacks empathy with her victims.

748
00:33:16,190 --> 00:33:19,140
Basically, she exists
in an emotional vacuum.

749
00:33:19,960 --> 00:33:22,030
Is this condition
likely to change?

750
00:33:22,100 --> 00:33:23,770
Sure. It'll get worse.

751
00:33:24,130 --> 00:33:27,480
She's already demonstrated a pattern
of escalating violent behavior.

752
00:33:27,530 --> 00:33:29,070
There's no reason
to think it'll end.

753
00:33:29,140 --> 00:33:32,310
In your opinion, did Jenny comprehend
that she was killing this boy?

754
00:33:32,870 --> 00:33:35,950
She's had fantasies
about it for at least a year.

755
00:33:36,010 --> 00:33:39,820
And she was perfectly clear to me
about killing her neighbor's cat.

756
00:33:39,880 --> 00:33:42,550
I don't see why it would
be any mystery to her.

757
00:33:48,520 --> 00:33:50,970
Jenny's never been in therapy,
right, Dr. Skoda?

758
00:33:51,730 --> 00:33:53,000
It wouldn't help.

759
00:33:53,060 --> 00:33:54,870
How can you possibly know that?

760
00:33:54,930 --> 00:33:58,270
She shows all the signs of
a recidivist violent predator,

761
00:33:58,330 --> 00:33:59,570
torturing small mammals...

762
00:33:59,630 --> 00:34:01,740
Are you trotting out
the McDonald's Triad?

763
00:34:01,800 --> 00:34:05,650
These so called predictors have been
discredited in over 20 studies.

764
00:34:06,140 --> 00:34:07,780
Okay, forget about predictors.

765
00:34:07,840 --> 00:34:09,820
She's already killed someone.

766
00:34:09,880 --> 00:34:11,580
SHARKEY: And you know,
she'll do it again.

767
00:34:11,650 --> 00:34:12,850
DR. SKODA: I know I don't
want to take that risk.

768
00:34:13,650 --> 00:34:16,130
If she were my patient,
she'd be institutionalized.

769
00:34:16,180 --> 00:34:19,190
So you'd give up on her without
even trying to treat her?

770
00:34:19,250 --> 00:34:21,860
I have no problem
trying to treat her,

771
00:34:22,120 --> 00:34:23,530
behind bars.

772
00:34:24,420 --> 00:34:27,530
A little dispassionate,
don't you think, Doctor?

773
00:34:28,260 --> 00:34:31,300
I'll save my compassion
for next kid she kills.

774
00:34:33,700 --> 00:34:36,180
DR. OLIVET: Jenny was in a car
accident when she was four.

775
00:34:36,240 --> 00:34:38,550
I ordered some
CT scans on her brain.

776
00:34:38,610 --> 00:34:40,380
There's frontal lobe damage.

777
00:34:40,440 --> 00:34:43,220
Studies link this with
poor impulse control.

778
00:34:43,280 --> 00:34:46,920
So in your opinion, is the cause of
Jenny's violent behavior organic?

779
00:34:46,980 --> 00:34:47,980
In part.

780
00:34:48,050 --> 00:34:50,820
I'm not saying her family
problems aren't a factor,

781
00:34:50,980 --> 00:34:54,060
but abuse alone doesn't
necessarily cause violence.

782
00:34:54,120 --> 00:34:56,120
SHARKEY: Is she responsible
for her actions?

783
00:34:56,190 --> 00:34:58,800
DR. OLIVET: My examination points
to identifiable biological

784
00:34:58,860 --> 00:35:02,310
and psychiatric factors which
diminish her culpability.

785
00:35:02,830 --> 00:35:05,740
Jenny doesn't process right and
wrong the way you and I do.

786
00:35:06,030 --> 00:35:08,440
And her fantasies
of harming a child?

787
00:35:08,500 --> 00:35:10,540
Everybody has
inappropriate fantasies.

788
00:35:10,600 --> 00:35:13,740
Given time, Jenny's
fantasies can be refocused.

789
00:35:13,810 --> 00:35:15,910
So her condition is reversible?

790
00:35:15,980 --> 00:35:17,650
It's worth a shot.

791
00:35:17,980 --> 00:35:20,890
There is no reason to
give up on this child.

792
00:35:24,080 --> 00:35:25,960
(WHISPERING INAUDIBLY)

793
00:35:29,990 --> 00:35:33,700
Dr. Olivet, is there any
medication for the kind of

794
00:35:33,890 --> 00:35:36,310
frontal lobe damage
you described?

795
00:35:36,830 --> 00:35:38,070
Not yet.

796
00:35:38,330 --> 00:35:40,310
Any drugs in FDA trials?

797
00:35:40,630 --> 00:35:44,980
No. And I know all about Dr. Skoda and
his penchant for easy chemical fixes.

798
00:35:45,040 --> 00:35:46,040
But there are other therapies.

799
00:35:46,470 --> 00:35:48,980
Talk therapy,
behavior modification.

800
00:35:49,210 --> 00:35:50,420
JACK: Do they work?

801
00:35:50,480 --> 00:35:52,350
Sometimes they do,
sometimes they don't.

802
00:35:52,410 --> 00:35:55,260
And if they don't,
Jenny Brandt will kill again?

803
00:35:55,320 --> 00:35:57,920
Nobody knows that,
not even Dr. Skoda.

804
00:35:58,150 --> 00:36:00,460
But there are no guarantees,
are there?

805
00:36:00,520 --> 00:36:03,060
I'll give you
one guarantee, Mr. McCoy.

806
00:36:03,120 --> 00:36:06,760
You lock this child away in an
asylum for the criminally insane,

807
00:36:06,830 --> 00:36:10,400
and you're wasting whatever
chance you have of fixing her.

808
00:36:15,340 --> 00:36:18,780
Jack, I don't get it. Why are
you going after this kid?

809
00:36:19,110 --> 00:36:20,810
She killed a little boy.

810
00:36:20,870 --> 00:36:22,950
I thought you were
a victims advocate?

811
00:36:23,010 --> 00:36:26,920
I am. But I don't like to see a colleague
who has no clinical expertise in children

812
00:36:26,980 --> 00:36:29,320
trying to put away
a 10-year-old.

813
00:36:29,420 --> 00:36:32,520
I think all that expertise
has turned you soft, Liz.

814
00:36:32,590 --> 00:36:35,330
Too bad we don't have
time for 10 rounds.

815
00:36:38,390 --> 00:36:41,430
Everything was fine with Jenny
until Vince went to jail.

816
00:36:41,500 --> 00:36:44,810
SHARKEY: When Jenny started to have
problems in school, Mrs. Brandt,

817
00:36:45,130 --> 00:36:47,200
did you do anything about it?

818
00:36:47,270 --> 00:36:49,180
Oh, Jenny and I would talk.

819
00:36:49,240 --> 00:36:52,710
She said the boys she hurt
were teasing her or something,

820
00:36:52,770 --> 00:36:54,380
so she had to fight back.

821
00:36:55,110 --> 00:36:59,250
I tried to teach her not to be so physical,
but I guess it just didn't get through.

822
00:36:59,310 --> 00:37:02,320
Do you realize now that your
daughter has a serious problem?

823
00:37:02,380 --> 00:37:04,160
Oh, believe me, I do.

824
00:37:04,850 --> 00:37:07,560
I'm so sorry for the
parents of that boy.

825
00:37:08,820 --> 00:37:10,600
If you send Jenny home,
Your Honor,

826
00:37:10,660 --> 00:37:13,140
I will do everything
I can to help her.

827
00:37:13,660 --> 00:37:15,570
I promise I'll
watch her like a hawk.

828
00:37:15,630 --> 00:37:17,840
This will never happen again.

829
00:37:26,070 --> 00:37:28,210
So the point is, Ms. Brandt,

830
00:37:28,910 --> 00:37:31,150
you didn't watch her
like a hawk?

831
00:37:31,540 --> 00:37:32,780
I tried.

832
00:37:33,050 --> 00:37:35,250
You said you talked to her when
she got in trouble in school,

833
00:37:35,320 --> 00:37:37,590
but did you do
anything about it?

834
00:37:38,250 --> 00:37:39,460
Well, I grounded her.

835
00:37:39,520 --> 00:37:41,160
You grounded her.

836
00:37:41,590 --> 00:37:43,230
Well, what else could I do?

837
00:37:44,560 --> 00:37:46,260
Did you consult a therapist?

838
00:37:47,060 --> 00:37:48,060
No.

839
00:37:48,130 --> 00:37:50,010
Did you investigate
any intervention programs?

840
00:37:51,060 --> 00:37:52,070
No.

841
00:37:52,170 --> 00:37:55,200
Did you do anything about it when
she killed your neighbor's cat?

842
00:37:55,270 --> 00:37:56,770
I didn't know she did that.

843
00:37:56,840 --> 00:37:59,080
Do you have any reason to think

844
00:37:59,770 --> 00:38:02,850
that there's anything
you could do to stop her?

845
00:38:05,080 --> 00:38:06,150
I don't know.

846
00:38:06,210 --> 00:38:09,590
So Jenny's just out there
terrorizing other children?

847
00:38:09,650 --> 00:38:11,630
No, she's not a monster.

848
00:38:12,620 --> 00:38:14,720
Please don't take her
away from me.

849
00:38:14,790 --> 00:38:16,860
She's...
She's my best friend.

850
00:38:17,520 --> 00:38:19,440
(SOFTLY) Please, don't.

851
00:38:31,840 --> 00:38:35,720
Your Honor,
my client is 10 years old.

852
00:38:36,540 --> 00:38:39,050
She has teddy bears
on her bedspread

853
00:38:39,210 --> 00:38:42,460
and a Big Bird piggy bank
filled with pennies.

854
00:38:43,580 --> 00:38:46,430
And she killed a child.

855
00:38:47,120 --> 00:38:51,800
It's so incongruous,
it's almost inconceivable.

856
00:38:52,860 --> 00:38:55,600
Dr. Olivet has testified that,
because of her age,

857
00:38:55,660 --> 00:38:58,400
and because of the way
her brain works,

858
00:38:58,470 --> 00:39:01,970
she simply couldn't appreciate
that as she struck Aaron Polansky

859
00:39:02,040 --> 00:39:04,380
with a rock,
she was killing him.

860
00:39:04,470 --> 00:39:08,720
Jenny thought she could revive him
with a one-and-a-half-volt battery.

861
00:39:09,840 --> 00:39:11,650
It speaks for itself.

862
00:39:12,550 --> 00:39:16,250
Mr. McCoy's position is to ignore
the question of responsibility

863
00:39:16,520 --> 00:39:18,830
and brand Jenny Brandt
a killer.

864
00:39:18,990 --> 00:39:21,930
She'll never change,
we have to put her away.

865
00:39:23,560 --> 00:39:25,060
People change.

866
00:39:26,190 --> 00:39:29,070
If anyone can change,
it's a child.

867
00:39:31,430 --> 00:39:33,710
And Dr. Olivet
has emphasized

868
00:39:33,770 --> 00:39:37,040
that this will not happen
in a state mental hospital.

869
00:39:37,100 --> 00:39:40,480
Mr. McCoy's solution
is a solution of last resort.

870
00:39:43,910 --> 00:39:45,120
Please,

871
00:39:46,210 --> 00:39:48,320
don't give up on her, Judge.

872
00:39:54,320 --> 00:39:56,530
Jenny got dealt a lousy hand.

873
00:39:56,960 --> 00:39:59,400
I look at her
with pity and regret.

874
00:39:59,890 --> 00:40:02,030
But Jenny Brandt is trouble.

875
00:40:02,200 --> 00:40:05,940
She battered Aaron Polansky's
head and stuffed him in a pipe.

876
00:40:07,900 --> 00:40:12,180
Ms. Sharkey wants us to believe that
she didn't appreciate what she did.

877
00:40:12,240 --> 00:40:13,740
I don't agree.

878
00:40:14,440 --> 00:40:16,940
Jenny daydreams
about killing small boys.

879
00:40:17,010 --> 00:40:19,680
She even had atrial run
with a cat.

880
00:40:19,810 --> 00:40:23,450
But ultimately what she could or
could not appreciate is irrelevant.

881
00:40:24,750 --> 00:40:26,590
Jenny is a loaded gun.

882
00:40:26,650 --> 00:40:28,460
She's a cocked fist
with a rock in it.

883
00:40:28,520 --> 00:40:31,630
She needs to be stopped,
before she kills again.

884
00:40:35,130 --> 00:40:41,100
Dr. Olivet talks about sending Jenny to a
state institution like it's a death sentence.

885
00:40:41,840 --> 00:40:44,180
That turns the world
upside down.

886
00:40:44,270 --> 00:40:46,770
Aaron Polansky
got a death sentence.

887
00:40:48,210 --> 00:40:49,650
Jenny would get treatment.

888
00:40:49,710 --> 00:40:53,920
Now everybody knows, state
psychiatric care could be better.

889
00:40:55,380 --> 00:40:58,360
But letting Jenny get away with
murder won't help this girl.

890
00:40:58,420 --> 00:41:00,460
How will she ever appreciate

891
00:41:00,520 --> 00:41:03,560
that her actions have
consequences if there are none.

892
00:41:03,620 --> 00:41:05,630
And how many
children will she kill,

893
00:41:05,690 --> 00:41:09,160
before the adult criminal
Justice System can take over.

894
00:41:09,630 --> 00:41:11,730
Do we have to wait and see?

895
00:41:13,070 --> 00:41:16,540
Ms. Sharkey would like us to
cross our fingers and hope,

896
00:41:17,470 --> 00:41:19,710
hope that it won't
happen again.

897
00:41:22,180 --> 00:41:24,280
I have my own kind of hope.

898
00:41:24,510 --> 00:41:27,690
I hope the state doctors can
find a way to fix this girl.

899
00:41:28,580 --> 00:41:30,890
I hope that it takes
six months,

900
00:41:31,450 --> 00:41:33,120
but until they do,

901
00:41:33,250 --> 00:41:36,170
we can't afford Ms. Sharkey's
brand of hope.

902
00:41:36,260 --> 00:41:39,360
We need to protect the Aaron
Polansky's of this world,

903
00:41:39,430 --> 00:41:41,100
from Jenny Brandt.

904
00:41:47,300 --> 00:41:48,840
Thank you both.

905
00:41:49,400 --> 00:41:51,750
I'll render my
decision tomorrow.

906
00:41:53,110 --> 00:41:54,710
We're adjourned.

907
00:41:56,040 --> 00:41:59,350
Sharkey gave a good closing
I'd say it's a tossup.

908
00:42:00,110 --> 00:42:02,560
You comfortable with
your position?

909
00:42:03,120 --> 00:42:05,320
It's quite a row your hoeing.

910
00:42:06,020 --> 00:42:08,190
You don't think it
keeps me up at night?

911
00:42:08,250 --> 00:42:10,230
Nobody twisted your arm.

912
00:42:10,660 --> 00:42:13,800
Would you want this kid loose
in your neighborhood?

913
00:42:13,860 --> 00:42:16,600
The public is tired
of violent children

914
00:42:16,660 --> 00:42:18,610
being sent to bed
without their dessert.

915
00:42:19,570 --> 00:42:21,810
Five countries in the world
execute their children.

916
00:42:22,340 --> 00:42:23,780
And we're one of 'em.

917
00:42:23,840 --> 00:42:25,080
Where do we draw the line?

918
00:42:25,140 --> 00:42:28,280
On a case by case basis,
like we always do.

919
00:42:28,470 --> 00:42:33,180
Now we condemn this 10-year-old
to state psychiatric care.

920
00:42:33,610 --> 00:42:34,680
Yes.

921
00:42:34,780 --> 00:42:37,090
It's the worst
possible solution,

922
00:42:37,150 --> 00:42:38,990
except for all the others.

923
00:42:39,090 --> 00:42:40,930
And if Olivet is right?

924
00:42:43,190 --> 00:42:45,330
That's why I'm not sleeping.

925
00:42:48,130 --> 00:42:49,900
JUDGE:
What we have before us,

926
00:42:50,360 --> 00:42:52,340
is an angry little girl,

927
00:42:52,830 --> 00:42:56,940
who killed because of
some deep turmoil,

928
00:42:57,400 --> 00:43:00,320
no one can adequately
explain to me.

929
00:43:01,240 --> 00:43:04,350
But I'm convinced,
based on her age,

930
00:43:04,640 --> 00:43:06,620
and psychiatric make-up,

931
00:43:07,080 --> 00:43:10,760
that Jenny did not understand the
consequences of her actions.

932
00:43:10,820 --> 00:43:14,230
And if I believe she's not
responsible for what she's done,

933
00:43:15,150 --> 00:43:17,460
I can't deny her the chance

934
00:43:17,520 --> 00:43:20,200
to evolve into
a healthy young woman.

935
00:43:21,930 --> 00:43:26,270
I must hold out hope that she can
be treated, and rehabilitated.

936
00:43:26,330 --> 00:43:30,080
And I don't think that's going
to happen in a state hospital.

937
00:43:31,100 --> 00:43:35,610
Mr. McCoy's fears about Jenny's
future are well founded.

938
00:43:36,640 --> 00:43:39,450
But I won't lock a child away
because of a fear,

939
00:43:39,510 --> 00:43:41,960
or a prediction
of future behavior.

940
00:43:42,820 --> 00:43:45,920
I'm quashing your
commitment papers, Mr. McCoy,

941
00:43:46,220 --> 00:43:48,930
and releasing Jenny to the
custody of her mother.

942
00:43:48,990 --> 00:43:52,400
Ms. Brandt,
get help for your daughter.

943
00:43:53,260 --> 00:43:57,540
You and I are going to have a
standing monthly appointment.

944
00:43:58,100 --> 00:44:00,700
I want to know what's
happening with this child.

945
00:44:01,600 --> 00:44:03,080
We're adjourned.

946
00:44:03,140 --> 00:44:04,740
(GAVEL POUNDING)

947
00:44:05,510 --> 00:44:06,610
(JENNY LAUGHS)

948
00:44:09,740 --> 00:44:12,660
Someone should call
Aaron Polansky's mother.

949
00:44:13,150 --> 00:44:15,390
I'll call her from the office.


