1 00:00:01,140 --> 00:00:02,880 NARRATOR: In the criminal justice system 2 00:00:02,950 --> 00:00:06,860 the people are represented by two separate yet equally important groups, 3 00:00:06,920 --> 00:00:08,720 the police who investigate crime 4 00:00:08,780 --> 00:00:11,560 and the district attorneys who prosecute the offenders. 5 00:00:11,620 --> 00:00:13,000 These are their stories. 6 00:00:14,260 --> 00:00:16,830 It was a horror show. According to her mother, I give Jodi a B, 7 00:00:16,890 --> 00:00:19,770 I not only ruin her life, I spoil a perfect 4.0 8 00:00:19,830 --> 00:00:21,470 and her chances of getting into Princeton. 9 00:00:21,530 --> 00:00:24,170 That kid has no chance of getting into Princeton. 10 00:00:24,230 --> 00:00:26,740 None. Zero. She's a drone. 11 00:00:26,800 --> 00:00:27,940 You tell her mother that. 12 00:00:28,000 --> 00:00:29,040 So what are you going to do? 13 00:00:29,100 --> 00:00:30,810 The honorable thing. Change it to an A. 14 00:00:30,870 --> 00:00:32,510 (SHOTS FIRING) 15 00:00:32,570 --> 00:00:33,880 Oh, my God. 16 00:00:33,940 --> 00:00:35,350 Cafeteria. 17 00:00:37,080 --> 00:00:38,290 BOY: Get down! 18 00:00:38,580 --> 00:00:40,120 (FIRING CONTINUES) 19 00:00:43,350 --> 00:00:45,890 A couple of the kids said he was small. 20 00:00:45,950 --> 00:00:48,130 Others said he was average. 21 00:00:48,190 --> 00:00:51,070 He ran out through the kitchen into the street. 22 00:00:51,130 --> 00:00:52,870 He was dressed in black. 23 00:00:52,930 --> 00:00:55,810 Uh, looked like one of those, you know, in the movies. 24 00:00:55,860 --> 00:00:57,610 Ninjas? Ninjas, right. 25 00:00:57,670 --> 00:01:00,110 Is there any chance anybody recognized him? 26 00:01:00,170 --> 00:01:03,670 He had a stocking or something covering his face. 27 00:01:04,140 --> 00:01:06,210 Okay, thanks. We'll be in touch. 28 00:01:07,280 --> 00:01:09,350 Crouching tiger, hidden student. 29 00:01:09,710 --> 00:01:11,590 ED: We got three dead, 12 wounded, 30 00:01:11,650 --> 00:01:13,420 including one critical. Head shot. 31 00:01:13,480 --> 00:01:16,520 We probably won't have much luck with prints on the shell casings. 32 00:01:16,590 --> 00:01:17,830 The kid gets away. 33 00:01:17,890 --> 00:01:19,330 You ever hear of that happening before? 34 00:01:19,390 --> 00:01:21,730 No. They either shoot themselves or they surrender 35 00:01:21,790 --> 00:01:23,830 or somebody tackles them when they stop to reload. 36 00:01:23,890 --> 00:01:25,530 No heroes at George Mason High. (CELL PHONE RINGS) 37 00:01:25,590 --> 00:01:27,470 These are city kids. They know better. 38 00:01:28,530 --> 00:01:29,840 Yeah, Green. 39 00:01:31,470 --> 00:01:33,210 Oh, okay. Thanks. 40 00:01:34,040 --> 00:01:35,570 Head shot died en route to the hospital. 41 00:01:35,640 --> 00:01:36,780 That's four dead. 42 00:01:36,840 --> 00:01:39,650 You ever see one of these mass shootings in a big city school? 43 00:01:39,710 --> 00:01:43,020 People move into the city to get away from crimes like this. 44 00:02:35,500 --> 00:02:37,500 GIRL: I was just talking to my friend. 45 00:02:37,570 --> 00:02:38,980 BRISCOE: Who's that? 46 00:02:39,030 --> 00:02:40,170 Emily. 47 00:02:40,640 --> 00:02:43,140 And I looked up, and there he was. 48 00:02:43,210 --> 00:02:45,650 He was just standing there, 49 00:02:46,070 --> 00:02:49,280 like he was waiting for someone to notice him or something. 50 00:02:49,810 --> 00:02:53,380 Like some kind of weak-ass ninja, right? Then I started to laugh. 51 00:02:53,450 --> 00:02:54,980 You started to laugh? 52 00:02:55,050 --> 00:02:56,690 I mean, he looked completely wack. 53 00:02:56,750 --> 00:02:58,890 I'm like, "What is this, Halloween?" 54 00:02:58,950 --> 00:03:00,870 And then he pulled out the gun. 55 00:03:00,920 --> 00:03:03,060 He just started shooting, and I froze, 56 00:03:03,130 --> 00:03:05,800 and then it's like there's this weird pause. 57 00:03:05,860 --> 00:03:07,570 No one knows what's happening. 58 00:03:07,630 --> 00:03:10,440 And finally people start screaming, 59 00:03:10,500 --> 00:03:12,480 and then he reloads, he starts shooting again. 60 00:03:12,530 --> 00:03:14,540 Was he targeting anybody, could you tell? 61 00:03:14,600 --> 00:03:18,020 Like zeroing in on any individuals, groups? 62 00:03:18,440 --> 00:03:19,750 I don't know. 63 00:03:19,810 --> 00:03:22,620 I couldn't help it I saw this ninja, 64 00:03:22,680 --> 00:03:25,090 and then Howard just popped into my mind. 65 00:03:25,150 --> 00:03:26,960 Why did he pop into your head? 66 00:03:27,020 --> 00:03:30,960 I don't know. Howard was always a little obsessed with that stuff. 67 00:03:31,020 --> 00:03:34,730 You know, guns, kung fu, all that. 68 00:03:35,690 --> 00:03:38,100 I even heard him say something about Columbine once. 69 00:03:38,330 --> 00:03:40,360 Really? What'd he say? 70 00:03:40,900 --> 00:03:43,970 Just that those guys were stupid for killing themselves. 71 00:03:44,970 --> 00:03:46,600 Was Howard at school today? 72 00:03:46,670 --> 00:03:49,340 No. But you know, after, 73 00:03:49,400 --> 00:03:53,110 like after I thought about it, it just didn't make sense. 74 00:03:53,180 --> 00:03:54,590 How come? 75 00:03:55,680 --> 00:03:57,250 Howard's black. 76 00:04:02,680 --> 00:04:03,860 Yeah, it's the same story with me, 77 00:04:03,920 --> 00:04:06,870 except this one girl came up with a name, Howard Earl. 78 00:04:06,920 --> 00:04:10,530 I sent a unit over to his apartment, just in case she's right. 79 00:04:10,590 --> 00:04:11,660 What's going on over here? 80 00:04:11,730 --> 00:04:14,230 No, no, no, he's got the whole thing. It's definitely prime time. 81 00:04:14,300 --> 00:04:16,800 Just tell me how high I can go for an exclusive window, all right? 82 00:04:16,870 --> 00:04:17,970 Hey, excuse you. 83 00:04:18,030 --> 00:04:19,510 The auction's over, kid. What? 84 00:04:19,570 --> 00:04:21,480 We're detectives. This is evidence. 85 00:04:21,540 --> 00:04:23,610 What's your name? Kevin Miller. 86 00:04:23,670 --> 00:04:24,840 You got this on videotape? 87 00:04:24,910 --> 00:04:26,410 Yeah, I got it all. 88 00:04:26,470 --> 00:04:28,040 Look, when can I get my tape back? 89 00:04:28,110 --> 00:04:31,090 Oh, don't worry, these vultures'll still want it anytime. Trust me. 90 00:04:31,150 --> 00:04:32,420 I don't care about the money. 91 00:04:32,480 --> 00:04:33,580 Yeah, right. Really. 92 00:04:33,650 --> 00:04:34,820 This could be my big break. 93 00:04:34,880 --> 00:04:36,450 What are you talking about? 94 00:04:36,520 --> 00:04:38,290 I want to be in the news business. 95 00:04:38,350 --> 00:04:39,730 No comment. 96 00:04:42,420 --> 00:04:43,630 (SHOTS FIRING) 97 00:04:43,790 --> 00:04:47,710 BOY: He's got a gun! Get down! Get down! 98 00:04:48,200 --> 00:04:49,800 (CHILDREN SCREAMING) 99 00:04:57,870 --> 00:04:59,180 He's reloading. 100 00:05:00,780 --> 00:05:02,380 (FIRING CONTINUES) 101 00:05:25,430 --> 00:05:26,710 (SOBBING) 102 00:05:27,600 --> 00:05:29,880 No one's going to be able to ID him. 103 00:05:31,070 --> 00:05:32,680 Ed's got a candidate. 104 00:05:33,580 --> 00:05:35,610 Yeah. Howard Earl. He's black. 105 00:05:36,210 --> 00:05:39,090 Classmate says that he's small, he has an attitude, 106 00:05:39,150 --> 00:05:42,560 he's obsessed with guns and he even talked about Columbine. 107 00:05:42,620 --> 00:05:44,120 What are you doing to locate him? 108 00:05:44,190 --> 00:05:48,130 Well, we got uniforms on his building, at the pizza place, 109 00:05:48,190 --> 00:05:50,670 and a couple of other neighborhood hangouts where he lives. 110 00:05:51,130 --> 00:05:53,730 Find out whatever you can about him. 111 00:05:54,630 --> 00:05:56,840 Spotty attendance, failing grades, 112 00:05:56,900 --> 00:05:59,340 suspended three times in the last year. 113 00:05:59,400 --> 00:06:01,400 Once for bringing a concealed weapon to school. 114 00:06:01,470 --> 00:06:03,070 A weapon? A box cutter. 115 00:06:03,140 --> 00:06:04,170 Did he use it? 116 00:06:04,240 --> 00:06:06,620 No, but he brandished it in the lunch room. 117 00:06:06,680 --> 00:06:09,160 We get the impression that he's not very popular, 118 00:06:09,210 --> 00:06:11,020 that other kids pick on him. 119 00:06:11,480 --> 00:06:15,590 Detectives, we have 3,000 students enrolled in this school 120 00:06:15,650 --> 00:06:16,750 from every walk of life. 121 00:06:16,820 --> 00:06:20,100 All I can tell you is he's not involved in any extra-curricular activities. 122 00:06:20,160 --> 00:06:21,830 No sports, no after-school. 123 00:06:21,890 --> 00:06:23,460 Did anybody reach his parents? 124 00:06:23,530 --> 00:06:24,770 No father listed. 125 00:06:24,830 --> 00:06:26,930 He lives with his grandmother at the address they gave you. 126 00:06:27,000 --> 00:06:28,130 Well, where's his mother? 127 00:06:28,200 --> 00:06:29,270 Prison. 128 00:06:29,560 --> 00:06:30,600 For what? 129 00:06:30,670 --> 00:06:32,410 Aggravated assault. 130 00:06:38,810 --> 00:06:42,810 Guy's name is Lonnie Nolan. Claims he saw Earl a few hours ago. 131 00:06:43,210 --> 00:06:46,560 Mr. Nolan, where was it you saw Earl? 132 00:06:46,610 --> 00:06:48,360 Coming out of the deli over on Broadway Terrace. 133 00:06:48,420 --> 00:06:49,450 ED: You sure it was him? 134 00:06:49,520 --> 00:06:50,550 Am I sure? 135 00:06:50,620 --> 00:06:54,260 His mother and me used to run together back in the day till she went crazy. 136 00:06:54,660 --> 00:06:55,930 BRISCOE: Crazy? 137 00:06:56,360 --> 00:06:57,500 Yeah. 138 00:06:58,890 --> 00:07:02,670 Cut this other bitch. Coked up out of her head. 139 00:07:02,730 --> 00:07:04,400 Next thing I know, there's all this blood. 140 00:07:04,870 --> 00:07:06,370 Familiar family saga. 141 00:07:06,430 --> 00:07:07,670 What was Earl wearing? 142 00:07:07,740 --> 00:07:11,480 Black sweatshirt, maybe dark pants, black bandana. 143 00:07:11,840 --> 00:07:12,980 Would you call it in? 144 00:07:13,040 --> 00:07:14,380 What's Howard done? 145 00:07:14,440 --> 00:07:16,220 We're not sure yet, Mr. Nolan. 146 00:07:16,280 --> 00:07:19,520 Listen, man, I ain't gonna lie to you, that boy scares me. 147 00:07:19,580 --> 00:07:21,690 I see him coming, I just cross the street. 148 00:07:23,450 --> 00:07:26,360 I've been thinking a lot about this Earl thing, 149 00:07:26,420 --> 00:07:28,490 and it just doesn't track for me. 150 00:07:28,560 --> 00:07:30,660 Since when do these things ever track? 151 00:07:30,730 --> 00:07:33,870 Well, it's just a black kid doing a school shooting like this 152 00:07:33,930 --> 00:07:35,430 doesn't fit the profile. 153 00:07:35,500 --> 00:07:39,810 Drugs, sneakers, gangs, that I'll buy. 154 00:07:40,100 --> 00:07:43,010 But a black kid shooting up a lunch room? 155 00:07:43,200 --> 00:07:45,550 Maybe we've finally reached full equality. 156 00:07:46,140 --> 00:07:50,020 Well, did he talk about his plans to anyone? Brag about them? 157 00:07:50,380 --> 00:07:52,380 If he did, we didn't find 'em. 158 00:07:52,980 --> 00:07:56,660 So we've got a 16-year-old kid boiling with rage, 159 00:07:56,720 --> 00:08:00,190 planning this fantastic revenge scenario, 160 00:08:00,590 --> 00:08:02,570 and he doesn't talk to anyone. 161 00:08:03,460 --> 00:08:05,800 Guys. We got another sighting. 162 00:08:05,860 --> 00:08:08,640 Remember, this is a sit-down only 163 00:08:08,700 --> 00:08:10,730 so bring the grandmother along, 164 00:08:10,800 --> 00:08:14,300 and make sure both of them know what his rights are. 165 00:08:18,470 --> 00:08:19,820 How you doing? OFFICER: Okay. 166 00:08:19,870 --> 00:08:22,750 Kid fitting that description went in that building 20 minutes ago. 167 00:08:22,810 --> 00:08:24,020 Figured I better wait for you guys. 168 00:08:24,080 --> 00:08:25,750 Thanks, Officer. Good job. 169 00:08:25,810 --> 00:08:26,880 This is him! 170 00:08:29,020 --> 00:08:30,050 I hate when they do that. 171 00:08:30,120 --> 00:08:32,030 I got him! Get the car! Cut him off! 172 00:08:33,390 --> 00:08:34,630 (CAR HONKING) 173 00:08:42,030 --> 00:08:43,300 (SIREN WAILING) 174 00:08:51,140 --> 00:08:52,480 (SIREN WAILING) 175 00:08:57,050 --> 00:08:58,720 Come here. Come here! 176 00:09:01,480 --> 00:09:03,430 All right, all right. You okay? 177 00:09:03,490 --> 00:09:05,730 I'm good. Ripped the new suit. 178 00:09:09,760 --> 00:09:10,760 We got company. 179 00:09:10,830 --> 00:09:12,100 I see 'em. 180 00:09:12,160 --> 00:09:14,610 Come on, move 'em back, Officer. Come on, out of the way. 181 00:09:14,660 --> 00:09:16,540 Come on, you heard him. 182 00:09:17,270 --> 00:09:18,570 Watch your head. 183 00:09:24,670 --> 00:09:27,850 BRISCOE: One of my ex-wives called this morning to bust my chops. 184 00:09:27,910 --> 00:09:29,820 Which one? I forget. 185 00:09:30,550 --> 00:09:33,290 God, he really does look like he's eight years old. 186 00:09:33,580 --> 00:09:35,860 I thought you were just going to talk to this boy. 187 00:09:35,920 --> 00:09:37,160 The kid had other plans. 188 00:09:37,220 --> 00:09:38,460 Where's his grandmother? 189 00:09:38,520 --> 00:09:39,930 She refused to come down. 190 00:09:39,990 --> 00:09:42,730 Yeah, she's probably scared out of her wits. 191 00:09:42,790 --> 00:09:43,960 Hey, how were we supposed to know 192 00:09:44,030 --> 00:09:46,530 there was gonna be a photographer staking out the scene? 193 00:09:46,590 --> 00:09:49,670 Well, the kid that told you about him obviously told the press. 194 00:09:49,730 --> 00:09:52,870 It was only a matter of time before they tracked him down. 195 00:09:56,640 --> 00:09:58,410 Has he even had breakfast yet? 196 00:09:58,570 --> 00:10:00,020 He won't eat. 197 00:10:00,070 --> 00:10:02,110 And he said he won't talk until his lawyer shows up. 198 00:10:02,180 --> 00:10:03,520 When is that supposed to be? 199 00:10:03,580 --> 00:10:05,820 Well, well, well, what have we here? 200 00:10:05,880 --> 00:10:07,920 Conspiracy to obstruct justice? 201 00:10:08,350 --> 00:10:09,690 Speak of the devil. 202 00:10:09,750 --> 00:10:11,130 ED: You're representing Howard Earl? 203 00:10:11,190 --> 00:10:12,260 I am. 204 00:10:12,320 --> 00:10:14,800 And I plan to bring a multi-million dollar suit against the city, 205 00:10:14,860 --> 00:10:17,740 the NYPD, and the three of you as individuals 206 00:10:17,790 --> 00:10:20,400 just as soon as this case is dismissed. 207 00:10:21,530 --> 00:10:23,810 Your client ran, Ms. Adams. 208 00:10:23,870 --> 00:10:26,310 Maybe it had something to do with black kids being afraid of cops 209 00:10:26,370 --> 00:10:29,080 and that y'all don't look exactly like the Prize Patrol. 210 00:10:29,140 --> 00:10:31,850 Okay, just do what you gotta do. 211 00:10:31,910 --> 00:10:33,850 Should've checked his alibi, officers. 212 00:10:33,910 --> 00:10:35,250 He was with his grandmother. 213 00:10:35,310 --> 00:10:37,020 My grandmother'd swear I was the Pope 214 00:10:37,080 --> 00:10:38,820 if she thought it'd get me out of trouble. 215 00:10:39,150 --> 00:10:42,060 They were visiting Howard's mother up at Bedford Hills 216 00:10:42,120 --> 00:10:44,030 at the time of the shootings. 217 00:10:44,090 --> 00:10:46,500 He was literally under lock and key. 218 00:10:46,920 --> 00:10:49,870 I'll have the prison fax you the sign-in sheet. 219 00:10:51,190 --> 00:10:53,800 I'd like to get my client now, please. 220 00:10:53,860 --> 00:10:55,840 I'm taking him out to breakfast. 221 00:11:00,600 --> 00:11:03,140 BRISCOE: We're checking on anybody who was absent yesterday. 222 00:11:03,240 --> 00:11:05,550 I understand. What kind of gun was used? 223 00:11:05,610 --> 00:11:07,140 A 9mm. Why? 224 00:11:07,210 --> 00:11:09,920 Nobody got a look at the shooter's face, right? Right. 225 00:11:10,610 --> 00:11:11,960 You sure he didn't say a word? 226 00:11:12,010 --> 00:11:13,320 Well, what's your point? 227 00:11:13,650 --> 00:11:16,560 What about a girl? A girl can handle a gun, right? 228 00:11:18,990 --> 00:11:20,990 She transferred here a month ago. 229 00:11:21,060 --> 00:11:24,730 Colleen Jacobs. She'd been harassed at her old school. 230 00:11:25,060 --> 00:11:27,440 Her classmates there heard her say that she'd like to kill 231 00:11:27,500 --> 00:11:29,740 everybody who teased her and then herself. 232 00:11:29,800 --> 00:11:31,440 Why wasn't something done about it? 233 00:11:31,700 --> 00:11:34,150 Something was done. They transferred her here. 234 00:11:35,170 --> 00:11:36,910 So much for a desperate cry for help. 235 00:11:36,970 --> 00:11:38,640 They transferred her here and... 236 00:11:38,710 --> 00:11:40,850 She wasn't making a good adjustment. 237 00:11:40,910 --> 00:11:42,290 She's been out the whole week. 238 00:11:42,340 --> 00:11:44,980 I was just about to sic the truant officer on her. 239 00:11:45,980 --> 00:11:49,290 Mrs. Jacobs, we checked with your daughter's school. 240 00:11:49,350 --> 00:11:50,830 She hasn't been there all week. 241 00:11:50,890 --> 00:11:52,870 Oh, no, no, not George Mason. 242 00:11:52,920 --> 00:11:55,700 No, we started her at Catholic school last week. 243 00:11:56,090 --> 00:11:58,800 Thank God, otherwise she would have been there yesterday. 244 00:11:58,860 --> 00:12:01,430 ED: The high school doesn't seem to know about this. 245 00:12:02,360 --> 00:12:05,210 Well, they obviously don't know much, Detective. 246 00:12:05,270 --> 00:12:06,870 I phoned them, I wrote them, 247 00:12:06,930 --> 00:12:09,210 I told them Colleen was leaving. 248 00:12:11,210 --> 00:12:15,380 Colleen, honey, these men are homicide detectives. 249 00:12:18,710 --> 00:12:20,690 You think I did it, don't you? 250 00:12:21,280 --> 00:12:23,230 You think I shot those kids. 251 00:12:23,890 --> 00:12:25,020 Did you? 252 00:12:26,390 --> 00:12:27,530 I wish I had. 253 00:12:27,660 --> 00:12:28,830 Oh, honey, don't say that. 254 00:12:28,890 --> 00:12:31,390 They're all jerks at that school. I hate them. 255 00:12:31,460 --> 00:12:32,770 You don't mean that. 256 00:12:32,830 --> 00:12:35,870 But if I had done it, I wouldn't have wussed out and worn a mask. 257 00:12:35,930 --> 00:12:38,430 I would have wanted everyone to know it was me. 258 00:12:38,500 --> 00:12:39,810 Then maybe they would've gotten it, 259 00:12:39,870 --> 00:12:43,040 and they would've felt bad for the rest of their lives. 260 00:12:46,810 --> 00:12:47,810 (DOOR SLAMS) 261 00:12:47,980 --> 00:12:52,010 She doesn't know what she's saying. She's depressed. 262 00:12:53,150 --> 00:12:55,890 Well, we're going to have to check with her new school. 263 00:12:58,720 --> 00:13:01,760 It happened at lunchtime, right? The shooting? 264 00:13:02,360 --> 00:13:04,030 Yeah, it was about 12:30. 265 00:13:05,930 --> 00:13:07,960 Colleen was in therapy. 266 00:13:08,200 --> 00:13:09,300 (CELL PHONE RINGING) 267 00:13:09,360 --> 00:13:10,540 Excuse me. 268 00:13:12,430 --> 00:13:13,670 Yeah, Green. 269 00:13:16,870 --> 00:13:18,410 ED: So what do we have here? 270 00:13:18,470 --> 00:13:20,350 Brian got this e-mail. 271 00:13:21,210 --> 00:13:22,280 When'd you get this? 272 00:13:22,340 --> 00:13:23,690 BRIAN: Couple of hours ago. 273 00:13:24,110 --> 00:13:25,180 Who's it from? 274 00:13:25,250 --> 00:13:27,020 Calls himself Ninja Nightmare. 275 00:13:27,080 --> 00:13:28,650 BRISCOE: Why'd he send it to you? 276 00:13:28,720 --> 00:13:29,990 I don't know. 277 00:13:30,420 --> 00:13:32,300 Brian's the Student Council President. 278 00:13:32,690 --> 00:13:35,500 Look. It says he's coming back to finish what he started. 279 00:13:35,560 --> 00:13:37,590 That's what got us so nervous. 280 00:13:37,660 --> 00:13:39,570 Okay, we're going to try to trace the e-mail. 281 00:13:39,630 --> 00:13:42,340 In the meantime, you stay right here with your parents. 282 00:13:44,500 --> 00:13:46,410 Any candidates on the sender? 283 00:13:46,470 --> 00:13:48,610 Well, we're going back to talk to the school psychologist, 284 00:13:48,670 --> 00:13:49,910 see what we can come up with. 285 00:13:49,970 --> 00:13:53,980 Well, sending an e-mail afterward is clearly learned behavior. 286 00:13:54,040 --> 00:13:56,080 This case is less than two days old, 287 00:13:56,140 --> 00:13:59,320 and we've already gone through two completely credible suspects. 288 00:13:59,380 --> 00:14:01,330 True. And who knows how long this list is going to be 289 00:14:01,380 --> 00:14:03,380 once we talk to the shrink. 290 00:14:05,320 --> 00:14:06,530 Ninja Nightmare? 291 00:14:06,590 --> 00:14:08,190 Any ideas, Doc? 292 00:14:09,720 --> 00:14:11,860 How long will it take you to get a court order? 293 00:14:12,230 --> 00:14:14,070 I can call the D.A.'s office right now. 294 00:14:14,660 --> 00:14:16,730 Forget the D.A. What do you got? 295 00:14:17,800 --> 00:14:19,570 There is a student. Who? 296 00:14:20,470 --> 00:14:22,510 I don't know if I can break privilege. 297 00:14:22,570 --> 00:14:25,810 We don't need to see the file, Doc, we just need a name. 298 00:14:28,140 --> 00:14:30,050 You realize what's at stake here? 299 00:14:30,110 --> 00:14:32,060 Of course I realize what's at stake. 300 00:14:32,110 --> 00:14:33,990 My daughter goes to school here. 301 00:14:34,520 --> 00:14:36,690 Then tell us what we need to know. 302 00:14:39,120 --> 00:14:41,620 This student, he's really scary. 303 00:14:41,690 --> 00:14:44,930 He's been kicked out of three different private schools before he came here. 304 00:14:44,990 --> 00:14:46,900 Some pretty violent episodes. 305 00:14:46,960 --> 00:14:48,840 How come you didn't tell us this before? 306 00:14:48,900 --> 00:14:52,370 Well, he's relatively new. I wasn't fully familiar with his history. 307 00:14:54,170 --> 00:14:56,080 Give us the name, Doc. 308 00:14:57,470 --> 00:15:00,390 Semple. Henry Semple. 309 00:15:01,510 --> 00:15:03,280 You know we're taking a chance, right? (DOORBELL BUZZING) 310 00:15:03,340 --> 00:15:04,690 Hey, it's called hot pursuit. 311 00:15:04,750 --> 00:15:08,350 I just don't want to end up on the cover of The Post twice in one case. 312 00:15:08,980 --> 00:15:10,160 Yes? 313 00:15:10,220 --> 00:15:12,760 Police. We're looking for Henry Semple. Is he at home? 314 00:15:12,820 --> 00:15:14,090 Yes. 315 00:15:17,830 --> 00:15:19,070 EDI Henry! 316 00:15:24,530 --> 00:15:26,270 Lennie, he's got a gun! 317 00:15:28,840 --> 00:15:32,510 (SIGHS) Well, partner, I think you just redeemed yourself. 318 00:15:40,080 --> 00:15:43,890 Docket ending 995. "People v. Henry Semple." 319 00:15:43,950 --> 00:15:45,830 "Four counts Murder in the Second Degree," 320 00:15:45,890 --> 00:15:48,160 "11 counts Attempted Murder Second." 321 00:15:48,820 --> 00:15:51,060 I'll hear you, Ms. Carmichael. 322 00:15:51,360 --> 00:15:53,360 Your Honor, the defendant, Henry Semple, 323 00:15:53,430 --> 00:15:57,000 armed with a semi-automatic weapon and concealing his identity, 324 00:15:57,060 --> 00:15:59,270 entered the high school he attends and without provocation 325 00:15:59,330 --> 00:16:01,710 emptied his weapon at his fellow students, 326 00:16:01,770 --> 00:16:03,580 wounding 11 and killing four. 327 00:16:03,640 --> 00:16:05,880 Despite his age, the People request remand. 328 00:16:05,940 --> 00:16:07,920 Judge, I'm not going to try this case today 329 00:16:07,980 --> 00:16:09,390 but the facts just proffered by the People 330 00:16:09,440 --> 00:16:11,420 will obviously be disputed at trial. 331 00:16:11,480 --> 00:16:13,960 I should add, Your Honor, that ballistics has matched the gun 332 00:16:14,020 --> 00:16:16,620 recovered from the defendant with the murder weapon. 333 00:16:16,680 --> 00:16:19,220 Are you saying they got the wrong guy, Counselor? 334 00:16:19,290 --> 00:16:21,560 The wrong kid, Your Honor. 335 00:16:22,160 --> 00:16:23,900 And, no, that's not our claim. 336 00:16:23,960 --> 00:16:26,960 It is our contention, however, that the shooting was not without provocation, 337 00:16:27,030 --> 00:16:29,170 and will ultimately lead to different conclusions 338 00:16:29,230 --> 00:16:31,180 than those reached by the People. 339 00:16:31,230 --> 00:16:33,800 Present in court today are the parents of my client. 340 00:16:34,100 --> 00:16:36,050 His father, Bill Semple, is a corporate partner 341 00:16:36,100 --> 00:16:37,610 for the law firm of Whittier and Hughes 342 00:16:37,670 --> 00:16:40,710 and a former attorney for the Justice Department's Antitrust Division. 343 00:16:40,780 --> 00:16:43,780 JUDGE: I appreciate his family's here, Counselor, 344 00:16:43,840 --> 00:16:46,380 but do you honestly expect I'm sending him home? 345 00:16:46,450 --> 00:16:48,890 No, Your Honor. Mr. and Mrs. Semple are, however, 346 00:16:48,950 --> 00:16:52,020 asking that their son be committed to a private, 347 00:16:52,090 --> 00:16:54,460 secure psychiatric facility in lieu of bail. 348 00:16:54,520 --> 00:16:56,970 They have offered to assume the cost of his incarceration there, 349 00:16:57,020 --> 00:17:00,870 as well as the cost of his transportation to and from court as required. 350 00:17:00,930 --> 00:17:02,600 We have buses at Rikers to do that. 351 00:17:02,660 --> 00:17:06,340 But not the medical health professionals available at a private facility. 352 00:17:06,400 --> 00:17:07,880 It's our contention that such an environment 353 00:17:07,940 --> 00:17:09,740 will assist all the parties, including the People, 354 00:17:09,800 --> 00:17:12,440 in assessing an appropriate course of treatment for my client. 355 00:17:12,510 --> 00:17:15,010 The only treatment the People are interested in at this point 356 00:17:15,080 --> 00:17:17,890 is life behind bars so he can never do this again. 357 00:17:18,850 --> 00:17:21,660 I'm sorry, Counselor, but given the nature of these charges 358 00:17:21,720 --> 00:17:25,390 I simply won't risk the safety of any employee of a private facility. 359 00:17:25,450 --> 00:17:27,360 Accordingly, the defendant is hereby remanded 360 00:17:27,420 --> 00:17:29,920 to the Department of Correction without bail. 361 00:17:29,990 --> 00:17:31,200 (GAVEL BANGS) 362 00:17:40,100 --> 00:17:43,410 Why not let his parents pay the cost of his incarceration? 363 00:17:43,670 --> 00:17:46,450 Because it creates an appearance of impropriety. 364 00:17:46,510 --> 00:17:50,460 Wealthy parents getting special consideration for their son. 365 00:17:50,510 --> 00:17:51,960 I also don't think we want the jury pool 366 00:17:52,010 --> 00:17:54,930 hearing anything about a private psychiatric hospital. 367 00:17:54,980 --> 00:17:57,720 That just gives his lawyer a leg up in the insanity defense. 368 00:17:57,790 --> 00:18:00,730 So a kid who obviously needs psychiatric treatment 369 00:18:00,790 --> 00:18:02,430 doesn't get it because no one does, 370 00:18:02,490 --> 00:18:05,530 and we keep him at Rikers because it makes our case look better. 371 00:18:05,590 --> 00:18:07,940 This is a strange way to run a candy store. 372 00:18:08,000 --> 00:18:10,200 Keeping this kid out of a psychiatric hospital 373 00:18:10,260 --> 00:18:12,400 is our best shot at keeping him off the streets. 374 00:18:12,470 --> 00:18:13,640 Permanently. 375 00:18:13,700 --> 00:18:14,870 Permanently? 376 00:18:14,940 --> 00:18:16,920 I assume we're seeking the maximum here. 377 00:18:16,970 --> 00:18:19,610 Consecutive life terms 378 00:18:19,670 --> 00:18:21,920 for a kid who's just turned 16? 379 00:18:22,610 --> 00:18:25,350 Even at his age, that's a death sentence. 380 00:18:25,410 --> 00:18:27,360 Four children are dead, Nora. 381 00:18:27,420 --> 00:18:29,860 We can't just send him to bed without any dinner. 382 00:18:29,920 --> 00:18:33,130 I think Abbie's right. We have to deal with this kid severely. 383 00:18:33,190 --> 00:18:36,170 Life in prison won't deter the copycats, Jack. 384 00:18:36,220 --> 00:18:38,170 Not with their 15 minutes of fame. 385 00:18:38,230 --> 00:18:40,330 Well, what about the other kids in these schools? 386 00:18:40,390 --> 00:18:42,810 We want them to come forward, but if we send a message 387 00:18:42,860 --> 00:18:44,900 this is just the result of a troubled mind 388 00:18:44,970 --> 00:18:46,780 they'll try to handle it themselves. 389 00:18:47,200 --> 00:18:49,080 I watched this kid in court. 390 00:18:49,140 --> 00:18:51,740 He showed absolutely no signs of remorse. 391 00:18:54,480 --> 00:18:58,390 Well, I can't ask for life without a psychiatric evaluation. 392 00:18:58,850 --> 00:19:01,450 He concealed his identity. He fled the scene. 393 00:19:01,520 --> 00:19:03,150 Those are both pretty good indicators 394 00:19:03,220 --> 00:19:04,750 that he knew the difference between right and wrong. 395 00:19:04,820 --> 00:19:06,360 There's no middle ground here. 396 00:19:07,250 --> 00:19:09,790 We've got the gun. Do we have any witnesses? 397 00:19:11,890 --> 00:19:13,670 Best one's the kid with the video. 398 00:19:15,630 --> 00:19:18,700 Better get on that right away before he sells his credibility. 399 00:19:23,370 --> 00:19:25,580 Some of the kids don't want to come in here anymore. 400 00:19:25,640 --> 00:19:26,880 But not you? 401 00:19:26,940 --> 00:19:28,780 I figure it comes with the territory. 402 00:19:29,480 --> 00:19:31,390 Getting shot comes with high school? 403 00:19:31,450 --> 00:19:34,220 No, I meant being an aspiring journalist and all. 404 00:19:34,280 --> 00:19:36,020 You know, I've been on CNN. 405 00:19:36,080 --> 00:19:37,460 Is that so? 406 00:19:37,520 --> 00:19:39,960 I'm supposed to do a town meeting on Nightline, 407 00:19:40,020 --> 00:19:42,520 but it might conflict with a special on NBC. 408 00:19:43,290 --> 00:19:45,530 Look, I'd really like to get the tape back. 409 00:19:45,590 --> 00:19:47,400 We still need it for awhile, Kevin. 410 00:19:47,860 --> 00:19:49,930 Now, I need you to think back. 411 00:19:50,000 --> 00:19:54,070 If you saw anything, anything at all, that wasn't on the tape. 412 00:19:54,600 --> 00:19:55,880 Like what? 413 00:19:55,940 --> 00:19:58,420 Like the kid's face. Like... 414 00:19:58,470 --> 00:20:00,750 No. No, just what's on the video. 415 00:20:01,880 --> 00:20:04,220 So where were you when the shots rang out? 416 00:20:04,480 --> 00:20:05,550 Lunch line. 417 00:20:05,610 --> 00:20:08,360 And you just happened to have a video camera with you? 418 00:20:09,250 --> 00:20:12,200 Well, I just got it I try to take it wherever I go. 419 00:20:12,850 --> 00:20:15,300 And I figured, last year in high school, 420 00:20:15,360 --> 00:20:17,360 final days and all that. 421 00:20:17,430 --> 00:20:21,640 I want to get my friends, make sure I had something to remember them by. 422 00:20:24,000 --> 00:20:25,600 Guess I do now, huh? 423 00:20:27,230 --> 00:20:30,270 Is your son's lawyer aware you're here, Mr. Semple? 424 00:20:30,540 --> 00:20:34,420 We're not sure this attorney really appreciates our son's situation. 425 00:20:34,480 --> 00:20:35,950 What situation is that? 426 00:20:36,010 --> 00:20:37,550 How is our son? 427 00:20:37,910 --> 00:20:39,550 Last report, he's doing all right. 428 00:20:39,710 --> 00:20:43,020 Six of the children he shot are still hospitalized. 429 00:20:48,390 --> 00:20:50,960 I'm very sorry to hear that. 430 00:20:54,160 --> 00:20:55,500 You don't believe me. 431 00:20:55,560 --> 00:20:58,240 Your concern seems a little late, that's all. 432 00:20:58,300 --> 00:20:59,740 MRS. SEMPLE: You think we knew? 433 00:20:59,870 --> 00:21:03,340 You think you can look at your child and know he's capable of this? 434 00:21:03,740 --> 00:21:07,010 I think it depends on how hard you're looking, Mrs. Semple. 435 00:21:07,070 --> 00:21:10,450 Look, maybe we deserve this, I don't know. 436 00:21:11,450 --> 00:21:13,320 But we came here to talk about Henry. 437 00:21:14,750 --> 00:21:16,520 What is it you want us to know? 438 00:21:17,650 --> 00:21:21,260 Henry's had some problems since we moved here from Virginia. 439 00:21:21,820 --> 00:21:23,270 What kind of problems? 440 00:21:24,360 --> 00:21:26,340 Nothing to suggest anything like this. 441 00:21:26,390 --> 00:21:28,030 You said in court 442 00:21:28,100 --> 00:21:30,740 you wanted Henry to spend the rest of his life in prison. 443 00:21:31,570 --> 00:21:35,140 The judge will determine your son's sentence, Mrs. Semple. 444 00:21:35,540 --> 00:21:38,110 But he's only 16 years old. 445 00:21:38,710 --> 00:21:41,210 He's lucky he's not facing the death penalty. 446 00:21:41,740 --> 00:21:44,880 You're the ones who sentenced that other boy to death, aren't you? 447 00:21:44,950 --> 00:21:47,890 The one who killed that delivery man. 448 00:21:47,950 --> 00:21:50,430 I told you, that kid was 18. 449 00:21:50,480 --> 00:21:53,590 They can't ask for the death penalty for Henry. He's too young. 450 00:21:53,650 --> 00:21:56,790 Your husband's right. The death penalty isn't applicable here. 451 00:21:57,290 --> 00:22:01,000 Our son needs help, do you understand? 452 00:22:01,060 --> 00:22:02,400 That's why we're here. 453 00:22:02,460 --> 00:22:04,770 That's why we want to change lawyers. 454 00:22:05,230 --> 00:22:09,010 Please, can't you just find some way to help him? 455 00:22:16,080 --> 00:22:17,320 We appreciate your time. 456 00:22:19,980 --> 00:22:22,430 I'll have Henry's new lawyer to get in touch. 457 00:22:27,090 --> 00:22:29,570 Well, there's a woman who's in complete denial 458 00:22:29,620 --> 00:22:31,400 about what's gonna happen to her kid. 459 00:22:31,460 --> 00:22:33,900 Maybe it's the safest place to be. 460 00:22:42,070 --> 00:22:43,170 Jack? 461 00:22:44,440 --> 00:22:47,250 Jamie Ross. What the hell are you doing here? 462 00:22:47,310 --> 00:22:48,550 Hi. 463 00:22:48,610 --> 00:22:50,780 This is a surprise. Come here. 464 00:22:51,810 --> 00:22:52,980 Sit. 465 00:22:53,580 --> 00:22:54,580 Thank you. 466 00:22:54,680 --> 00:22:55,680 How are you? 467 00:22:55,750 --> 00:22:57,130 I'm good. And you? 468 00:22:57,180 --> 00:22:58,190 Fine. 469 00:22:58,920 --> 00:23:00,160 Pictures. 470 00:23:00,220 --> 00:23:01,220 Ah, yes. 471 00:23:05,990 --> 00:23:08,030 Absolutely beautiful. 472 00:23:11,630 --> 00:23:14,170 But I thought you left us to spend more time with them. 473 00:23:14,540 --> 00:23:16,280 I did. I do. 474 00:23:17,170 --> 00:23:18,620 But every now and then a case comes along 475 00:23:18,670 --> 00:23:20,710 that makes me sit up and take notice. 476 00:23:24,450 --> 00:23:25,860 My appearance. 477 00:23:27,310 --> 00:23:28,660 Henry Semple? 478 00:23:29,620 --> 00:23:31,530 I was retained this afternoon. 479 00:23:32,850 --> 00:23:34,420 You're going to defend this kid? 480 00:23:34,760 --> 00:23:37,460 You mean instead of letting them take him out back and shoot him? 481 00:23:37,520 --> 00:23:39,270 Yes, I'm going to defend him. 482 00:23:40,690 --> 00:23:42,900 Come on, Jack, these shootings are a phenomenon of children, 483 00:23:42,960 --> 00:23:46,070 and yet you prosecutors are hell-bent to try them as adults. 484 00:23:46,530 --> 00:23:49,540 Pretty soon there'll be no distinction between children and adults at all. 485 00:23:53,040 --> 00:23:55,580 I assume Mr. Semple was aware we've worked together. 486 00:23:56,310 --> 00:24:00,350 Yes. He also knows there'll be no favors coming to me because of it. 487 00:24:00,680 --> 00:24:01,960 Good. 488 00:24:02,020 --> 00:24:04,520 He was with the Justice Department himself down in D.C. 489 00:24:04,590 --> 00:24:05,690 Yes, we met. 490 00:24:05,750 --> 00:24:08,530 Well, then you know how concerned these parents are for their child. 491 00:24:10,760 --> 00:24:12,530 What is it you want, Jamie? 492 00:24:13,160 --> 00:24:15,730 Am I going to have to fight with you? I don't want to fight with you. 493 00:24:16,200 --> 00:24:18,010 I don't want to fight with you either, Jack. 494 00:24:18,330 --> 00:24:21,140 I'm here to work toward some solution so we can both sleep at night. 495 00:24:22,540 --> 00:24:25,350 Jamie, four people are dead. Kids. 496 00:24:25,640 --> 00:24:27,780 Another six are in the hospital. 497 00:24:28,080 --> 00:24:30,420 The law demands your client be held accountable. 498 00:24:30,480 --> 00:24:33,580 It doesn't demand charging him as an adult without any evaluation. 499 00:24:33,650 --> 00:24:37,120 Come on. We both know what an evaluation's gonna to show. 500 00:24:37,750 --> 00:24:39,630 That the kid knew right from wrong. 501 00:24:39,690 --> 00:24:41,260 Which shouldn't be the end of the story. 502 00:24:41,320 --> 00:24:44,100 Not with the country in the middle of an epidemic of these things. 503 00:24:44,260 --> 00:24:46,900 I can only deal with the case in front of me. 504 00:24:55,240 --> 00:24:57,040 Motion to suppress the gun, the statements, 505 00:24:57,100 --> 00:24:58,550 and any other evidence you obtained 506 00:24:58,610 --> 00:25:01,050 as a result of that school psychologist's big mouth. 507 00:25:07,980 --> 00:25:11,160 I want to know if either of you talked to anyone other than 508 00:25:11,220 --> 00:25:14,790 the school psychologist who mentioned Henry Semple as a possible suspect. 509 00:25:14,860 --> 00:25:17,730 What do you want us to do, Counselor? Verify our sources? 510 00:25:17,790 --> 00:25:20,290 I think we need to remember that when Briscoe and Green 511 00:25:20,360 --> 00:25:22,570 made the decision to pursue the lead 512 00:25:22,630 --> 00:25:26,770 a threat had been made via e-mail that the shooter was coming back. 513 00:25:26,830 --> 00:25:29,010 We thought it was pretty important. 514 00:25:29,570 --> 00:25:33,420 All of us are subject to having our judgments reviewed by the courts, Detective. 515 00:25:33,470 --> 00:25:37,580 We're just trying to ascertain whether yours can withstand scrutiny. 516 00:25:38,650 --> 00:25:40,960 Did either of you consider getting a court order first? 517 00:25:41,480 --> 00:25:42,690 Yeah, we discussed it. 518 00:25:42,750 --> 00:25:43,790 CARMICHAEL: And? 519 00:25:43,850 --> 00:25:46,760 We both made the decision to proceed without one. 520 00:25:48,490 --> 00:25:51,730 This judge hears that, and exigency could be out the window. 521 00:25:55,800 --> 00:25:58,240 This psychologist had a child attending that school. 522 00:25:58,300 --> 00:26:00,510 I think she let her fear for that child's safety 523 00:26:00,570 --> 00:26:03,410 compromise her professional obligations to this student. 524 00:26:03,700 --> 00:26:05,840 I think there's a few thousand other students 525 00:26:05,910 --> 00:26:08,110 who'd say their lives may have been saved by it. 526 00:26:08,180 --> 00:26:10,180 So the ends justify the means? 527 00:26:10,240 --> 00:26:12,250 These cops had every reason to believe 528 00:26:12,310 --> 00:26:14,850 that the sender of the e-mail was the shooter. 529 00:26:14,920 --> 00:26:16,990 The means was simply going to the person 530 00:26:17,050 --> 00:26:19,390 who most logically could furnish an identity. 531 00:26:19,450 --> 00:26:22,130 They coerced her into violating privilege. 532 00:26:22,190 --> 00:26:25,400 What if it was your daughter he'd shot? What then? 533 00:26:25,990 --> 00:26:27,700 I'd pray that my fear for her safety 534 00:26:27,760 --> 00:26:29,400 wouldn't be used as an excuse to deprive 535 00:26:29,460 --> 00:26:31,910 three hundred million Americans of their Constitutional rights. 536 00:26:32,200 --> 00:26:35,410 And what about the rights of kids not to be shot at when they go to school? 537 00:26:35,470 --> 00:26:37,970 The fact remains that if a mental health care provider 538 00:26:38,040 --> 00:26:40,110 revealed this information about an adult patient 539 00:26:40,170 --> 00:26:41,950 we wouldn't even be having this conversation. 540 00:26:42,010 --> 00:26:43,510 We would if there was exigency. 541 00:26:43,580 --> 00:26:46,220 The e-mail indicated that the shooter wasn't finished. 542 00:26:46,280 --> 00:26:47,950 The e-mail was sent from New Orleans. 543 00:26:48,380 --> 00:26:51,360 That information was not communicated to these detectives. 544 00:26:51,850 --> 00:26:55,530 One phone call from their cell phones is all it would have taken, Your Honor. 545 00:26:55,590 --> 00:26:58,260 This is a printout from the NYPD computer crimes section 546 00:26:58,330 --> 00:26:59,700 indicating that the e-mail was traced 547 00:26:59,760 --> 00:27:03,500 almost an hour before these detectives showed up at the Semples' home. 548 00:27:08,170 --> 00:27:10,170 I'm afraid Ms. Ross is right. 549 00:27:10,240 --> 00:27:14,410 These police officers had plenty of time to verify their information 550 00:27:14,470 --> 00:27:16,180 or obtain a warrant. 551 00:27:16,240 --> 00:27:18,350 Balance the interests here, Your Honor. 552 00:27:18,410 --> 00:27:21,050 We're talking about a technical violation of the law 553 00:27:21,110 --> 00:27:23,090 against freeing a mass murderer. 554 00:27:23,220 --> 00:27:25,390 What we're talking about is doctor-patient privilege 555 00:27:25,450 --> 00:27:26,860 and the Fourth Amendment. 556 00:27:27,250 --> 00:27:31,070 I don't see how either can be construed as a technicality. 557 00:27:31,120 --> 00:27:32,970 And with no eyewitnesses and no other way 558 00:27:33,030 --> 00:27:35,130 for the police to come up with Henry Semple as a suspect... 559 00:27:35,200 --> 00:27:39,870 Everything seized becomes fruit of the poisonous tree, including the gun. 560 00:27:39,930 --> 00:27:44,380 Your Honor, if the law doesn't give people the sense it can protect them, 561 00:27:44,440 --> 00:27:47,280 they're going to end up protecting themselves. 562 00:27:47,340 --> 00:27:49,450 JUDGE: And judges do what in the meantime? 563 00:27:49,510 --> 00:27:52,920 Ignore the Constitution when it suits us? 564 00:27:54,920 --> 00:27:56,990 I've got no choice here. The charges are dismissed. 565 00:27:57,680 --> 00:28:00,760 The People can re-file if you can make out a case 566 00:28:00,820 --> 00:28:03,500 without the psychologist's profile. 567 00:28:11,230 --> 00:28:14,210 If we had committed him to a psych facility in the first place, 568 00:28:14,270 --> 00:28:16,870 he'd still be there instead of out on the street. 569 00:28:17,370 --> 00:28:19,280 It wouldn't be a problem if they'd pass laws 570 00:28:19,340 --> 00:28:22,150 that would allow school teachers and mental health professionals 571 00:28:22,210 --> 00:28:24,420 to release information without a court order. 572 00:28:24,480 --> 00:28:26,010 Only they haven't done it yet. 573 00:28:26,080 --> 00:28:27,580 Which is why we need a federal standard. 574 00:28:27,650 --> 00:28:31,220 Which we also don't have. Based on the merits, the court was right. 575 00:28:31,720 --> 00:28:34,390 How can releasing a kid that we know committed the crime be right? 576 00:28:34,920 --> 00:28:36,920 Doesn't it concern you at all 577 00:28:36,990 --> 00:28:40,030 that releasing a kid's name to the public without a court order 578 00:28:40,090 --> 00:28:42,440 creates a feeding frenzy for suspects? 579 00:28:42,500 --> 00:28:44,570 Not when someone else's life is at stake. 580 00:28:44,630 --> 00:28:47,080 Except these cops were given three names. 581 00:28:47,400 --> 00:28:50,780 One of them was dragged out of his own neighborhood in handcuffs 582 00:28:50,840 --> 00:28:53,680 because nobody bothered to verify the facts. 583 00:28:54,010 --> 00:28:56,780 The public looks to us to maintain law and order, 584 00:28:56,840 --> 00:29:00,020 not run around like chickens with our heads chopped off. 585 00:29:01,180 --> 00:29:04,060 (KNOCKING ON DOOR) Mr. McCoy, Ms. Carmichael, car's here. 586 00:29:04,850 --> 00:29:06,520 Be right there. Thanks. 587 00:29:07,350 --> 00:29:09,430 We're meeting with the parents of some of the victims. 588 00:29:09,490 --> 00:29:12,330 We have to tell them about the merits of the court's decision. 589 00:29:15,760 --> 00:29:18,330 So as a direct result of the judge's decision, 590 00:29:18,400 --> 00:29:20,040 we had to let him go this morning. 591 00:29:20,100 --> 00:29:21,580 What? 592 00:29:21,840 --> 00:29:24,820 You're saying this maniac is back on the streets? 593 00:29:25,410 --> 00:29:27,580 He was released into his parents' custody. 594 00:29:27,640 --> 00:29:30,210 They're the ones who couldn't control him in the first place. 595 00:29:30,280 --> 00:29:32,760 Could this bastard go back to school? 596 00:29:33,110 --> 00:29:35,020 JACK: I doubt he would. WOMAN: But he could. 597 00:29:35,080 --> 00:29:36,190 HOW? 598 00:29:36,250 --> 00:29:39,490 How could this judge just let him go? How could he just do that? 599 00:29:39,950 --> 00:29:42,520 The police gathered information without a court order. 600 00:29:42,590 --> 00:29:44,730 Who the hell cares how they found out? 601 00:29:44,790 --> 00:29:46,400 Everybody in here knows he did it. 602 00:29:46,460 --> 00:29:47,870 Let me tell you something. 603 00:29:47,930 --> 00:29:51,640 This kid shows up anywhere near this school, I'll take him out myself. 604 00:29:53,170 --> 00:29:55,370 We came here to let you know about this situation, 605 00:29:55,440 --> 00:29:57,970 but please don't forget we are officers of the court. 606 00:29:58,040 --> 00:30:00,750 That kind of talk could get you into a world of trouble. 607 00:30:00,970 --> 00:30:04,050 What we are asking you to do is try to remain calm 608 00:30:04,680 --> 00:30:06,250 and let us do our jobs. 609 00:30:08,680 --> 00:30:12,690 Our daughter Lilah was one of the kids who was shot. 610 00:30:13,420 --> 00:30:15,590 The bullet severed her spinal cord. 611 00:30:16,290 --> 00:30:18,430 They don't know if she'll ever walk again. 612 00:30:19,230 --> 00:30:22,640 Lilah never did anything to that boy. She didn't even know him. 613 00:30:23,160 --> 00:30:25,040 You can't just let him walk away from this. 614 00:30:25,700 --> 00:30:28,510 You can't just tell us that your hands are tied by the law. 615 00:30:30,470 --> 00:30:32,450 MAN: ls the D.A.'s office even aware 616 00:30:32,510 --> 00:30:35,980 that there's a rumor this kid told other kids he was gonna do this, 617 00:30:36,040 --> 00:30:38,320 and none of them did anything about it? 618 00:30:39,010 --> 00:30:41,690 I'm sick of learning things about this case after the fact. 619 00:30:41,750 --> 00:30:45,360 Hey, we talked to 52 kids who were either in the cafeteria 620 00:30:45,420 --> 00:30:47,830 or had been identified as friends of Semple. 621 00:30:47,890 --> 00:30:50,160 Nobody indicated that there were prior threats. 622 00:30:50,220 --> 00:30:52,000 Well, apparently someone knew. 623 00:30:52,060 --> 00:30:53,970 The parents claim that Semple told some kids 624 00:30:54,030 --> 00:30:55,470 he was going to shoot the place up. 625 00:30:55,530 --> 00:30:56,840 Do they have any names? 626 00:30:56,900 --> 00:30:58,810 Detective, I had just told them 627 00:30:58,870 --> 00:31:02,240 that we had to cut Semple loose because of your screw-up. 628 00:31:02,300 --> 00:31:05,110 I wasn't about to let them knew they knew more than we did. 629 00:31:05,170 --> 00:31:08,880 Anytime you think you can do my job better than me, just let me know. 630 00:31:08,940 --> 00:31:13,080 Your job is to gather evidence we can use in court. 631 00:31:13,810 --> 00:31:15,350 Not make headlines playing hero. 632 00:31:15,420 --> 00:31:17,290 That's what you think we were doing? Let me tell you something. 633 00:31:17,350 --> 00:31:19,260 The next time you go into court 634 00:31:19,320 --> 00:31:21,890 and somebody draws a gun on you, tell me how you deal with it. 635 00:31:21,960 --> 00:31:26,370 You don't like your job's requirements, Detective, turn in your badge. 636 00:31:27,490 --> 00:31:29,570 CARMICHAEL: Gentlemen, if we could just 637 00:31:29,630 --> 00:31:33,440 lower the level of testosterone just a little bit. 638 00:31:36,970 --> 00:31:39,180 Now, why don't we try to figure out away to find the kids 639 00:31:39,240 --> 00:31:41,410 who might have been told beforehand. 640 00:31:45,110 --> 00:31:47,850 ED: You lied, Kevin. We asked around. 641 00:31:48,420 --> 00:31:52,330 None of the kids remember you having that camera at school before that day. 642 00:31:53,090 --> 00:31:55,430 BRISCOE: You told us you had it with you all the time. 643 00:31:55,490 --> 00:31:56,630 MR. MILLER: Is that a crime? 644 00:31:56,690 --> 00:31:59,640 Making a mistake about when you take your video camera to school? 645 00:31:59,690 --> 00:32:02,730 The Semple kid walked with four dead. 646 00:32:02,800 --> 00:32:05,540 You think we're not gonna nail somebody for that? 647 00:32:06,300 --> 00:32:09,040 The only thing people hate worse than cops and lawyers, Kevin, 648 00:32:09,100 --> 00:32:10,340 is the media. 649 00:32:10,540 --> 00:32:11,850 Are you threatening him? 650 00:32:11,910 --> 00:32:15,110 We don't have to. All we have to do is tell everybody in that school 651 00:32:15,180 --> 00:32:16,780 he knew what was gonna happen 652 00:32:17,040 --> 00:32:19,550 and we just sit back and let nature take its course. 653 00:32:19,610 --> 00:32:21,150 I want your badge number. 654 00:32:21,350 --> 00:32:26,920 Look, just tell us who knew what Henry Semple was planning. 655 00:32:27,650 --> 00:32:29,100 I'm calling my son a lawyer. 656 00:32:29,160 --> 00:32:30,830 You can do that, Mr. Miller, you can call a lawyer. 657 00:32:30,890 --> 00:32:33,390 Nobody's gonna stop you, But I just want to you to think 658 00:32:33,460 --> 00:32:36,130 about what your son is going to take away from today. 659 00:32:37,030 --> 00:32:38,480 Four kids are dead. 660 00:32:39,770 --> 00:32:41,540 Your son could have been one of them. 661 00:32:42,700 --> 00:32:44,310 So I just want you to be sure in your heart 662 00:32:44,370 --> 00:32:47,010 that you're giving him the right advice by asking for a lawyer 663 00:32:47,070 --> 00:32:49,580 rather than helping us find the killer. 664 00:32:55,650 --> 00:32:56,960 Right now, Kev. 665 00:32:58,120 --> 00:32:59,530 Tell 'em who told you. 666 00:33:00,450 --> 00:33:01,800 Right now, Kev. 667 00:33:05,690 --> 00:33:07,800 I didn't even know who this kid was. 668 00:33:09,600 --> 00:33:11,740 Some kids gave him my number 669 00:33:13,470 --> 00:33:15,500 and he called me the night before. 670 00:33:16,740 --> 00:33:18,510 He said maybe I should bring a camera. 671 00:33:19,340 --> 00:33:23,580 He said some big-ass thing was going to happen with Henry Semple. 672 00:33:27,310 --> 00:33:29,190 But I didn't know what. 673 00:33:35,490 --> 00:33:38,470 The name, video boy, the name. 674 00:33:39,460 --> 00:33:41,740 I thought Henry was only joking. 675 00:33:42,030 --> 00:33:44,440 ED: What did you think was going to come out of that gun he showed you? 676 00:33:44,500 --> 00:33:45,740 A flag that says "bang"? 677 00:33:45,800 --> 00:33:47,970 I didn't think he'd do it. 678 00:33:48,470 --> 00:33:51,750 BRISCOE: Then why call Kevin Miller and tell him to bring his video? 679 00:33:51,810 --> 00:33:54,880 ED: You knew what was going to happen, didn't you? You wanted it to happen. 680 00:33:54,940 --> 00:33:56,080 I didn't. 681 00:33:56,140 --> 00:33:58,090 BRISCOE: Only you didn't tell anybody. 682 00:33:58,980 --> 00:34:01,550 Look, Paul, four kids are dead now. 683 00:34:01,620 --> 00:34:03,320 There's nothing you can do to change that. 684 00:34:04,050 --> 00:34:05,530 But if Henry goes out and he kills somebody else, 685 00:34:05,590 --> 00:34:07,500 you gonna tell us you didn't know about it then, too? 686 00:34:07,550 --> 00:34:09,530 The only reason Henry told me 687 00:34:09,590 --> 00:34:12,500 was 'cause he knew I got picked on just like he did. 688 00:34:14,860 --> 00:34:16,810 You got no idea what it's like 689 00:34:17,760 --> 00:34:21,270 to come to school every day and know these kids are gonna screw with you. 690 00:34:21,700 --> 00:34:25,270 That they're gonna steal your money, mess you up in the bathroom. 691 00:34:26,240 --> 00:34:29,080 Once Henry did this drawing he was real proud of, 692 00:34:29,140 --> 00:34:31,180 and these jocks just pissed on it. 693 00:34:31,910 --> 00:34:34,290 Then they made him put it back in his backpack. 694 00:34:37,280 --> 00:34:39,360 I didn't think he'd really do it, though. 695 00:34:40,050 --> 00:34:41,690 I really didn't. 696 00:34:43,590 --> 00:34:46,500 You have a kid who'll say he thought Henry wasn't serious. That's it. 697 00:34:46,560 --> 00:34:48,130 JACK: And another who made the video. 698 00:34:48,190 --> 00:34:49,700 Who can't make an ID. 699 00:34:50,230 --> 00:34:53,040 A jury puts the two together, we think we have a shot. 700 00:34:53,100 --> 00:34:55,140 What about when they hear another kid told the police 701 00:34:55,200 --> 00:34:56,980 that Howard Earl was the shooter? 702 00:34:57,040 --> 00:34:58,540 Or that a guidance counselor blamed a girl 703 00:34:58,610 --> 00:35:00,110 who doesn't even attend the school anymore? 704 00:35:00,170 --> 00:35:02,310 Jurors read the papers same as we do. 705 00:35:02,380 --> 00:35:05,320 They know Henry did it They know he got off on a technicality. 706 00:35:05,380 --> 00:35:06,880 If you think they're not going to jump at a chance 707 00:35:06,950 --> 00:35:09,120 to convict him this time around you're wrong. 708 00:35:09,620 --> 00:35:13,000 Somebody better remind her of her ethical obligations as a prosecutor. 709 00:35:13,950 --> 00:35:17,330 You mean the one that says I should put someone on trial who I think is guilty? 710 00:35:17,390 --> 00:35:19,730 No, the one that says you need evidence to do it. 711 00:35:19,990 --> 00:35:22,000 I just told you our evidence. 712 00:35:24,300 --> 00:35:25,610 You'd go along with that? 713 00:35:26,430 --> 00:35:28,310 What's our alternative, Jamie? 714 00:35:28,370 --> 00:35:29,710 Make a civil commitment. 715 00:35:29,770 --> 00:35:31,510 Declare Henry not competent to stand trial, 716 00:35:31,570 --> 00:35:33,410 and he goes to a secure psychiatric facility. 717 00:35:33,470 --> 00:35:36,110 So some shrink can release him a few years from now? 718 00:35:36,180 --> 00:35:37,550 No, I don't think so. 719 00:35:37,610 --> 00:35:40,350 And what would be the basis for his incompetency? 720 00:35:40,880 --> 00:35:42,920 Henry has a mental defect. 721 00:35:43,480 --> 00:35:46,020 He was thrown from a horse when he was six. 722 00:35:46,290 --> 00:35:49,130 He had seizures. They thought there was brain damage. 723 00:35:49,820 --> 00:35:51,200 You're joking. 724 00:35:51,730 --> 00:35:54,470 We have no illusions about our son, Ms. Carmichael. 725 00:35:55,200 --> 00:35:57,200 We're just trying to figure this out. 726 00:35:58,500 --> 00:36:00,500 Well, it sounds like you're looking for away out. 727 00:36:00,570 --> 00:36:04,810 I have three other children. Good kids. I don't want them hurt. 728 00:36:04,870 --> 00:36:08,880 I also don't want Henry in Sing Sing for the rest of his life. 729 00:36:09,910 --> 00:36:11,320 Not at 16. 730 00:36:12,380 --> 00:36:14,550 At least let him talk to Skoda, Jack. 731 00:36:14,610 --> 00:36:16,290 What harm is there in that? 732 00:36:21,990 --> 00:36:23,430 EMIL: I hear you draw. 733 00:36:25,390 --> 00:36:26,630 Yeah. 734 00:36:27,760 --> 00:36:29,070 You any good? 735 00:36:31,700 --> 00:36:32,800 Don't know. 736 00:36:33,230 --> 00:36:34,800 How did you feel when those kids urinated 737 00:36:34,870 --> 00:36:37,680 on that picture you made and stuck it in your backpack? 738 00:36:41,110 --> 00:36:42,590 The way this works, Henry, is 739 00:36:42,640 --> 00:36:45,750 you answer my questions, then I talk to the D.A. 740 00:36:46,380 --> 00:36:48,790 and tell them what I think about what you said. 741 00:36:50,050 --> 00:36:51,620 Can you do that? 742 00:36:54,720 --> 00:36:56,200 Have a seat. 743 00:37:05,470 --> 00:37:07,950 These kids at school were pretty rough on you? 744 00:37:09,970 --> 00:37:11,540 They never left me alone. 745 00:37:12,240 --> 00:37:14,910 Was that what you wanted? To be left alone? 746 00:37:16,510 --> 00:37:17,890 I wanted to fit in. 747 00:37:20,080 --> 00:37:21,620 Why do you think you didn't? 748 00:37:25,120 --> 00:37:26,360 Don't know. 749 00:37:27,220 --> 00:37:28,960 Well, you must have some idea. 750 00:37:30,960 --> 00:37:33,370 When we lived in Virginia, it was different. 751 00:37:34,160 --> 00:37:36,110 There weren't so many of them. 752 00:37:38,330 --> 00:37:41,280 Till my dad got this new job in the city. 753 00:37:43,040 --> 00:37:45,140 I guess they all thought I was different. 754 00:37:45,970 --> 00:37:47,540 Did you feel different? 755 00:37:48,370 --> 00:37:49,610 Maybe. 756 00:37:50,780 --> 00:37:53,920 That still didn't give 'em any right to trash me like they did. 757 00:37:56,320 --> 00:37:58,590 You think they got what they deserved, then? 758 00:38:00,720 --> 00:38:02,290 Not for me to say. 759 00:38:03,220 --> 00:38:05,760 Just the same, if you were the one to say. 760 00:38:07,560 --> 00:38:09,870 I don't know. Maybe. 761 00:38:12,770 --> 00:38:14,910 Heard they're not making fun of me anymore. 762 00:38:16,070 --> 00:38:18,710 Heard they're even scared I might come back. 763 00:38:20,170 --> 00:38:23,150 That's sort of cool. Right? 764 00:38:26,010 --> 00:38:28,930 If you're asking me if he knew right from wrong, no question. 765 00:38:29,180 --> 00:38:30,660 If you're asking me whether he should 766 00:38:30,720 --> 00:38:32,820 spend the rest of his life in prison, 767 00:38:32,890 --> 00:38:34,590 it's a tougher call. 768 00:38:34,650 --> 00:38:35,690 Why? 769 00:38:35,760 --> 00:38:39,640 Because the fact remains a teenage brain's different from an adult's. 770 00:38:39,690 --> 00:38:40,900 Different how? 771 00:38:40,960 --> 00:38:43,440 Still maturing, same as the rest of the body. 772 00:38:44,000 --> 00:38:47,470 Frontal lobes, parts responsible for executive functioning, 773 00:38:47,530 --> 00:38:50,880 self-control, judgment, emotional regulation. 774 00:38:51,270 --> 00:38:54,510 We all went to high school. We all had problems. 775 00:38:54,570 --> 00:38:57,020 None of us picked up a gun and killed anyone. 776 00:38:57,080 --> 00:39:00,180 I'm just saying there's some science behind the phenomenon. 777 00:39:00,580 --> 00:39:03,190 Androgen, for example, that effects the amygdala. 778 00:39:03,250 --> 00:39:06,250 Part of the brain that controls things like fear and anger. 779 00:39:07,120 --> 00:39:10,860 It's like I said. If you're asking me if he knew right from wrong, he did. 780 00:39:11,460 --> 00:39:13,300 The rest is up to you guys. 781 00:39:14,890 --> 00:39:16,240 Thanks for the grub. 782 00:39:16,630 --> 00:39:18,110 Sure thing. 783 00:39:21,700 --> 00:39:22,910 The bottom line is, 784 00:39:22,970 --> 00:39:25,880 your son was able to appreciate the nature of his actions. 785 00:39:26,170 --> 00:39:30,020 And the PET scan showed no organic injury to the brain from any fall. 786 00:39:31,640 --> 00:39:32,920 Which means what? 787 00:39:33,610 --> 00:39:34,720 They're going to trial. 788 00:39:34,780 --> 00:39:37,630 Unless your client wants to save the taxpayers some money. 789 00:39:37,680 --> 00:39:39,290 A roll of the dice, Jack? 790 00:39:39,720 --> 00:39:41,260 Think of what's at stake. 791 00:39:41,620 --> 00:39:43,070 CARMICHAEL: We'll take our chances. 792 00:39:43,490 --> 00:39:45,130 MR. SEMPLE: You'll take your chances? 793 00:39:46,390 --> 00:39:48,500 Then what the hell happens when they find him not guilty? 794 00:39:49,260 --> 00:39:50,400 Bill... No. 795 00:39:52,470 --> 00:39:54,310 What are we all going to do then? 796 00:39:55,170 --> 00:39:57,270 I'll tell you what. Nothing. 797 00:39:58,970 --> 00:40:00,540 Because then he'll be out. 798 00:40:01,140 --> 00:40:03,520 He'll be out and maybe hurt other people. 799 00:40:07,680 --> 00:40:09,630 Let him go to a hospital, Jack. 800 00:40:09,980 --> 00:40:12,330 There's no basis for it in the law. 801 00:40:12,390 --> 00:40:15,060 An insanity plea would be a fraud here. 802 00:40:15,120 --> 00:40:17,430 And an acquittal? What will that be? 803 00:40:20,630 --> 00:40:22,000 He hurt our daughter. 804 00:40:23,400 --> 00:40:24,640 Two years ago. 805 00:40:25,500 --> 00:40:26,810 He broke her arm. 806 00:40:27,730 --> 00:40:28,940 And now he walks around the house... 807 00:40:29,000 --> 00:40:30,950 Bill, please. 808 00:40:32,070 --> 00:40:33,570 He's our son. 809 00:40:35,640 --> 00:40:37,280 Yes, he's our son. 810 00:40:38,750 --> 00:40:40,450 Then how can we? 811 00:40:42,980 --> 00:40:44,830 How can you what, Mr. Semple? 812 00:40:52,560 --> 00:40:55,600 He'll spend the rest of his life in prison. You realize that. 813 00:40:57,330 --> 00:40:59,000 JACK: Mr. Semple? 814 00:41:00,830 --> 00:41:02,180 MRS. SEMPLE: Bill... 815 00:41:04,240 --> 00:41:06,380 No, please. 816 00:41:08,940 --> 00:41:11,080 What choice do I have, Patricia? 817 00:41:11,540 --> 00:41:13,990 Please tell me, what choice do I have? 818 00:41:16,020 --> 00:41:18,290 Oh, sweet Jesus. 819 00:41:22,120 --> 00:41:23,760 He confessed. 820 00:41:25,590 --> 00:41:26,970 Okay? 821 00:41:28,860 --> 00:41:31,000 My son confessed to me. 822 00:41:53,220 --> 00:41:55,560 JACK: Where did this conversation take place? 823 00:41:55,920 --> 00:41:57,490 MR. SEMPLE: In my son's room. 824 00:41:57,560 --> 00:42:01,200 It was personal. That was between you and me. 825 00:42:01,830 --> 00:42:04,330 JUDGE: Control your client, Ms. Ross. 826 00:42:09,440 --> 00:42:11,880 JACK: What did your son say to you, Mr. Semple? 827 00:42:13,840 --> 00:42:16,050 Mr. Semple, what did your son tell you? 828 00:42:19,610 --> 00:42:21,890 I came home as soon as my wife called me 829 00:42:21,950 --> 00:42:24,190 and told me what happened at the school. 830 00:42:25,590 --> 00:42:27,260 I asked her where Henry was. 831 00:42:28,220 --> 00:42:31,460 When I went into his room, he was just sitting on his bed. 832 00:42:32,190 --> 00:42:35,100 The lights weren't on, but I could tell that he'd been crying. 833 00:42:35,460 --> 00:42:36,800 JACK: What did you do? 834 00:42:39,370 --> 00:42:41,110 I put my arm around him, 835 00:42:42,240 --> 00:42:43,740 sat next to him. 836 00:42:45,670 --> 00:42:47,150 What did he say? 837 00:42:47,670 --> 00:42:50,180 That he was scared. Scared about going to school. 838 00:42:50,980 --> 00:42:53,820 Scared of what some of the other kids might do to him? 839 00:42:59,290 --> 00:43:01,460 Scared about what he'd done to them. 840 00:43:03,720 --> 00:43:07,600 Scared that he'd missed some of the real jerks 841 00:43:07,660 --> 00:43:11,010 and wouldn't get a chance to take them out again before... 842 00:43:15,370 --> 00:43:18,180 JACK: What made you finally come forward, Mr. Semple? 843 00:43:25,550 --> 00:43:27,290 Because I was scared, too. 844 00:43:27,550 --> 00:43:29,580 Scared that he'll do it again. 845 00:43:35,560 --> 00:43:36,800 Henry. 846 00:43:38,560 --> 00:43:40,630 Henry, for God sakes! 847 00:43:54,670 --> 00:43:57,990 I understand from your note the jury's reached a verdict. 848 00:43:58,540 --> 00:43:59,920 We have, Your Honor. 849 00:44:01,010 --> 00:44:03,490 Will the defendant please rise. 850 00:44:07,490 --> 00:44:08,990 You may read the verdict. 851 00:44:10,320 --> 00:44:12,560 JURY FOREWOMAN: On the first four counts of the indictment 852 00:44:12,630 --> 00:44:15,160 charging Murder in the Second Degree, 853 00:44:15,230 --> 00:44:18,180 we find the defendant Henry Semple 854 00:44:19,230 --> 00:44:20,640 guilty, 855 00:44:28,140 --> 00:44:29,450 Daddy? 856 00:44:51,360 --> 00:44:55,140 I understand his father's going to ask for leniency at the sentencing. 857 00:44:55,740 --> 00:44:59,480 I doubt anything's going to save this kid from life in prison at this point. 858 00:45:00,570 --> 00:45:02,420 With what's waiting for him 859 00:45:02,480 --> 00:45:04,550 it might have been kinder to give him the needle. 860 00:45:05,950 --> 00:45:07,720 Either works for me.