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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,335 --> 00:00:04,601 Narrator: In the criminal justice system, the people are represented 2 00:00:04,638 --> 00:00:06,800 by two separate yet equally important groups... 3 00:00:06,840 --> 00:00:08,934 The police who investigate crime, 4 00:00:08,976 --> 00:00:11,343 and the district attorneys who prosecute the offenders. 5 00:00:11,378 --> 00:00:13,574 These are their stories. 6 00:00:30,731 --> 00:00:32,666 Oh, great. 7 00:00:32,699 --> 00:00:35,168 Another citizen with hallucinations. 8 00:00:35,202 --> 00:00:37,000 What the hell was this guy doing 9 00:00:37,037 --> 00:00:38,665 down here in the first place? 10 00:00:38,705 --> 00:00:40,867 Probably looking for a $10 hand wax. 11 00:00:40,908 --> 00:00:42,934 Here? 12 00:00:47,047 --> 00:00:48,709 Let's go. 13 00:01:26,687 --> 00:01:29,418 Hey! Hey, hey. 14 00:01:37,197 --> 00:01:39,029 Is there anybody else in there? 15 00:01:44,204 --> 00:01:46,036 Watch 'em. 16 00:02:27,180 --> 00:02:28,876 Kelly! 17 00:02:28,915 --> 00:02:30,975 It's a kid. 18 00:03:58,538 --> 00:04:00,336 You got one through and through. 19 00:04:00,373 --> 00:04:01,432 .38 or heavier. 20 00:04:01,475 --> 00:04:02,943 Body's into rigor mortis, 21 00:04:02,976 --> 00:04:04,444 but the eyes are moist. 22 00:04:04,478 --> 00:04:06,106 I'd say 12 to 18 hours. 23 00:04:06,146 --> 00:04:08,809 Can't be more than 16 years old. 24 00:04:08,849 --> 00:04:10,943 Let's roll him over. 25 00:04:10,984 --> 00:04:12,885 Slow. 26 00:04:14,988 --> 00:04:16,479 Hold it. 27 00:04:20,827 --> 00:04:22,796 Student ID... 28 00:04:22,829 --> 00:04:26,163 Bishop's Academy, Robbie Fenwick. 29 00:04:27,501 --> 00:04:29,834 - 15 years old. - Detective? 30 00:04:35,342 --> 00:04:37,311 Officer: It's a .357 Magnum. 31 00:04:37,344 --> 00:04:40,314 Probably tried to chuck it in the river and came up short. 32 00:04:40,347 --> 00:04:42,316 Okay, bag it and work it up. 33 00:04:42,349 --> 00:04:44,648 We're going to hold the kids for questioning. 34 00:04:44,684 --> 00:04:46,312 You want anything from 'em now? 35 00:04:46,353 --> 00:04:47,981 - Is that them over there? - Yeah. 36 00:04:48,021 --> 00:04:50,013 Cooperative little nose-wipes. 37 00:04:53,360 --> 00:04:55,329 Which one of you is going to tell us 38 00:04:55,362 --> 00:04:57,160 about that dead boy in there? 39 00:04:57,197 --> 00:04:59,530 - Nothing to tell. - You know him? 40 00:05:01,134 --> 00:05:02,932 What are you doing around here? 41 00:05:02,969 --> 00:05:05,200 We heard there was a body. We just came to see. 42 00:05:05,238 --> 00:05:06,763 You live around here? 43 00:05:06,807 --> 00:05:08,537 - Jackson Towers. - Logan: Jackson Towers? 44 00:05:08,575 --> 00:05:11,340 You came all the way here 'cause you heard there was a body? 45 00:05:11,378 --> 00:05:12,903 Something wrong with that? 46 00:05:14,481 --> 00:05:16,780 Slug is a five with a right twist. 47 00:05:16,817 --> 00:05:18,445 It's a Wadcutter series Il. 48 00:05:18,485 --> 00:05:21,455 It's a probable match to the weapon that you recovered. 49 00:05:21,488 --> 00:05:23,957 I've only seen Wadcutters used in target practice. 50 00:05:23,990 --> 00:05:27,290 Uh-huh. Weapon's a Ruger Security Six .357. 51 00:05:27,327 --> 00:05:28,795 Custom Pachmayr grip, 52 00:05:28,829 --> 00:05:30,798 modified hammer and trigger. 53 00:05:30,831 --> 00:05:32,800 This is very clean. It's not a toy. 54 00:05:32,833 --> 00:05:34,631 The owner took good care of it. 55 00:05:34,668 --> 00:05:36,637 There are no live rounds in the cylinders, 56 00:05:36,670 --> 00:05:38,798 and only the one spent casing. 57 00:05:38,839 --> 00:05:41,468 That's all it takes. You run it through the system? 58 00:05:41,508 --> 00:05:42,976 A gun so loved, 59 00:05:43,009 --> 00:05:45,342 it had to have its very own license. 60 00:05:47,848 --> 00:05:49,976 And it's Ian Maser, 61 00:05:50,016 --> 00:05:52,008 557 West 77th Street. 62 00:05:53,186 --> 00:05:56,486 Do you own a Ruger Security Six .357 Magnum pistol? 63 00:05:56,523 --> 00:05:58,219 I do. 64 00:05:58,258 --> 00:06:00,659 It has been found at the scene of a homicide, 65 00:06:00,694 --> 00:06:03,095 and it's been determined that's the murder weapon. 66 00:06:03,129 --> 00:06:04,597 That can't be. 67 00:06:04,631 --> 00:06:06,896 I keep that gun locked in my bedside table. 68 00:06:06,933 --> 00:06:08,663 This it? 69 00:06:11,638 --> 00:06:13,106 Yes, it is. 70 00:06:13,139 --> 00:06:14,801 Does anyone else beside yourself 71 00:06:14,841 --> 00:06:17,936 - have access to this gun? - There's the maid. 72 00:06:17,978 --> 00:06:20,004 - Cerreta: Are you married? - Divorced. 73 00:06:20,046 --> 00:06:23,107 - Does anyone else live in the house with you? - There's my son. 74 00:06:23,149 --> 00:06:25,550 - Cerreta: Where does he go to school? - Bishop's Academy. 75 00:06:25,585 --> 00:06:29,454 But he's not there now. He's upstairs in his room. 76 00:06:29,489 --> 00:06:31,117 He's not feeling well. 77 00:06:31,157 --> 00:06:33,388 Well, look, do you mind if we have a talk with him? 78 00:06:41,501 --> 00:06:43,470 Jaime. 79 00:06:46,006 --> 00:06:47,998 Jaime. 80 00:06:54,347 --> 00:06:56,316 Jaime... 81 00:06:56,349 --> 00:06:58,341 can we ask you a few questions? 82 00:07:02,822 --> 00:07:04,791 If you wanted to show Robbie the gun, 83 00:07:04,824 --> 00:07:06,793 why did you go to the warehouse? 84 00:07:08,662 --> 00:07:11,496 That was his idea. He wanted to shoot it. 85 00:07:12,666 --> 00:07:14,396 Then what'd you do? 86 00:07:17,504 --> 00:07:19,473 Robbie had the gun. 87 00:07:19,506 --> 00:07:21,304 He was aiming it around. 88 00:07:21,341 --> 00:07:23,640 Then I had it. 89 00:07:23,677 --> 00:07:25,373 I was holding it. 90 00:07:27,514 --> 00:07:29,449 Show us how you were holding it. 91 00:07:31,017 --> 00:07:33,418 About, you know, here. Like waist height. 92 00:07:35,855 --> 00:07:37,881 Did you have your finger on the trigger? 93 00:07:37,924 --> 00:07:39,552 I don't remember. 94 00:07:41,695 --> 00:07:43,459 Logan: Where was Robbie? 95 00:07:45,031 --> 00:07:47,830 He was standing. Like about where you are. 96 00:07:47,867 --> 00:07:50,735 - That close? - Uh-huh. 97 00:07:52,372 --> 00:07:55,171 He wanted me to give him back the gun. 98 00:07:55,208 --> 00:07:57,837 I reached over, you know, like this... 99 00:07:57,877 --> 00:07:59,573 and it went off. 100 00:07:59,612 --> 00:08:01,740 Did you do anything to see if he was alive? 101 00:08:02,983 --> 00:08:04,952 I didn't know what to do. He... 102 00:08:04,985 --> 00:08:06,954 looked dead. 103 00:08:06,987 --> 00:08:09,957 I freaked. I just jammed out of there. 104 00:08:11,658 --> 00:08:13,957 I didn't mean it, you know. 105 00:08:13,994 --> 00:08:16,293 I really didn't. I swear. 106 00:08:17,664 --> 00:08:19,633 It just went off. 107 00:08:19,666 --> 00:08:21,601 It just did. 108 00:08:21,634 --> 00:08:24,798 What we're really talking about here is a scared 15-year-old. 109 00:08:24,838 --> 00:08:27,967 He's not going anywhere. I don't even see why we got to charge him. 110 00:08:28,008 --> 00:08:31,240 And what do you guys suggest, sending him home with a hug and a lollipop? 111 00:08:31,277 --> 00:08:33,439 There was a shooting here. Accidental or not, 112 00:08:33,480 --> 00:08:35,278 we gotta charge this kid with something, 113 00:08:35,315 --> 00:08:37,727 - I don't care how minor. - Robinette: There's enough to support 114 00:08:37,751 --> 00:08:39,743 a charge of reckless endangerment. 115 00:08:39,786 --> 00:08:42,312 Maybe second degree, but that's even a stretch. 116 00:08:42,355 --> 00:08:43,983 Criminal possession of a weapon? 117 00:08:44,024 --> 00:08:46,152 We can always upgrade if necessary. 118 00:08:49,362 --> 00:08:50,990 Yeah. 119 00:08:51,031 --> 00:08:52,624 Mm-hmm. 120 00:08:52,665 --> 00:08:55,567 The desk has Robbie Fenwick's parents on the line. 121 00:08:57,370 --> 00:08:59,202 I'll take it outside. 122 00:09:03,643 --> 00:09:05,544 How close are you to wrapping up? 123 00:09:05,578 --> 00:09:08,776 Well, we just got the crime scene report this morning. 124 00:09:08,815 --> 00:09:11,614 We just have to walk it through. Maybe a day or so. 125 00:09:17,657 --> 00:09:20,058 Robbie is standing right about here. 126 00:09:22,662 --> 00:09:25,461 And that means Jaime's about... 127 00:09:25,498 --> 00:09:27,490 here with the gun. 128 00:09:27,534 --> 00:09:29,935 We have an entry wound in the right temple, 129 00:09:29,969 --> 00:09:31,267 going out the back left. 130 00:09:31,304 --> 00:09:34,468 Robbie turned his head away. 131 00:09:34,507 --> 00:09:36,635 We have a wound on his right hand. 132 00:09:36,676 --> 00:09:39,976 He was asking for the gun. 133 00:09:40,013 --> 00:09:41,982 Well, if he was reaching for the gun, 134 00:09:42,015 --> 00:09:44,610 that would mean he'd have to be closer to Jaime, 135 00:09:44,651 --> 00:09:46,984 and there'd be powder-burns on the right hand. 136 00:09:47,020 --> 00:09:48,648 According to this, there weren't any. 137 00:09:48,688 --> 00:09:52,489 Which means the gun has to be at least a couple of feet away. 138 00:09:52,525 --> 00:09:55,859 Yeah. All right. Let's put him about... 139 00:09:58,198 --> 00:09:59,826 here. 140 00:09:59,866 --> 00:10:02,335 All right, his hand has to be here. 141 00:10:02,368 --> 00:10:04,360 How did he get the hand hit? 142 00:10:07,874 --> 00:10:09,866 Unless he's like this. 143 00:10:12,846 --> 00:10:15,839 His hands are up here because he's trying to protect himself. 144 00:10:17,550 --> 00:10:20,611 And if Jaime was cradling the gun down here... 145 00:10:21,387 --> 00:10:24,357 he'd have gunshot residue on his shirt. 146 00:10:24,390 --> 00:10:26,382 The tests were negative. 147 00:10:29,062 --> 00:10:30,724 We'd get a higher bullet hit. 148 00:10:32,031 --> 00:10:35,001 We supposed to be surprised every time somebody lies to us? 149 00:10:35,301 --> 00:10:38,362 Cerreta: Jaime, we took what you told us 150 00:10:38,404 --> 00:10:40,703 and put it alongside the physical evidence, 151 00:10:40,740 --> 00:10:42,538 and it just doesn't match. 152 00:10:42,575 --> 00:10:44,703 For starters, you weren't standing 153 00:10:44,744 --> 00:10:47,213 next to Robbie when the gun went off, right? 154 00:10:50,416 --> 00:10:54,512 And you weren't holding the gun the way you said you were, also, right? 155 00:10:55,555 --> 00:10:58,753 Jaime, if there's something you want to tell us, this is the time. 156 00:11:00,793 --> 00:11:03,922 It's all right. You can talk to them. 157 00:11:08,535 --> 00:11:10,561 We were playing a game. 158 00:11:10,603 --> 00:11:13,072 What kind of game? 159 00:11:13,106 --> 00:11:15,007 Trust. 160 00:11:16,376 --> 00:11:18,845 See, you aim the gun at the other guy, 161 00:11:18,878 --> 00:11:20,506 like you're going to shoot him, 162 00:11:20,547 --> 00:11:23,039 until he tells you to stop. Until he gives. 163 00:11:24,217 --> 00:11:26,049 Who's idea was this game? 164 00:11:27,387 --> 00:11:28,946 I don't remember. 165 00:11:31,124 --> 00:11:33,525 All you want to do is let the other guy give. 166 00:11:33,560 --> 00:11:35,586 You don't want to hurt him. 167 00:11:35,628 --> 00:11:37,529 So what happened? 168 00:11:39,899 --> 00:11:41,891 I was aiming at Robbie. 169 00:11:44,070 --> 00:11:45,902 I was squeezing the trigger... 170 00:11:45,939 --> 00:11:47,965 real slow. 171 00:11:48,007 --> 00:11:50,738 Didn't it occur to you that this gun might go off? 172 00:11:50,777 --> 00:11:53,372 No, there was no way it was going to go off. 173 00:11:53,413 --> 00:11:56,542 I didn't cock the hammer before pulling the trigger. 174 00:11:56,583 --> 00:11:58,245 It wasn't supposed to go off. 175 00:11:58,284 --> 00:12:02,779 I mean, you have to cock the hammer first with your thumb. 176 00:12:02,822 --> 00:12:04,313 Where'd you learn that? 177 00:12:04,357 --> 00:12:07,657 That's the way we always did it. 178 00:12:08,861 --> 00:12:10,329 When we went to the range. 179 00:12:10,363 --> 00:12:13,891 I swear, there was no way it was gonna go off. 180 00:12:18,037 --> 00:12:20,006 - You ever fire one of these? - Never. 181 00:12:20,039 --> 00:12:22,304 Strictly for competition shooters. 182 00:12:22,342 --> 00:12:24,174 Oh, you have to manually cock the hammer. 183 00:12:24,210 --> 00:12:26,509 - Single action. - Right. Now the gun is ready to fire. 184 00:12:26,546 --> 00:12:28,515 You just pull the trigger, and... 185 00:12:29,716 --> 00:12:31,685 I know you've fired one of these. 186 00:12:31,718 --> 00:12:33,744 .357 double-action revolver. 187 00:12:33,786 --> 00:12:36,654 You just pull the trigger and the gun does it all for you. 188 00:12:36,689 --> 00:12:39,523 It's possible the kid made a legitimate mistake. 189 00:12:39,559 --> 00:12:42,188 Possible? Sure. 190 00:12:42,228 --> 00:12:44,356 I don't know. 191 00:12:44,397 --> 00:12:46,025 The kid takes aim. 192 00:12:46,065 --> 00:12:48,796 Squeezes the trigger slowly, like he says. 193 00:12:48,835 --> 00:12:52,328 - He's looking down the sight. - If he was trained to shoot, 194 00:12:52,372 --> 00:12:54,603 he was trained to look down the sights. 195 00:12:54,641 --> 00:12:58,737 You can't tell me he didn't notice that hammer cocking back. 196 00:13:04,450 --> 00:13:06,578 He knew that gun was going to fire. 197 00:13:17,697 --> 00:13:20,496 How long has Jaime been at Bishop Academy? 198 00:13:20,533 --> 00:13:23,332 Jaime transferred here the middle of last year. 199 00:13:23,369 --> 00:13:25,497 Late transfers are never easy. 200 00:13:25,538 --> 00:13:27,666 Jaime never seemed to make it over the hump. 201 00:13:27,707 --> 00:13:30,700 - You mean in his studies? - He's a fair student. 202 00:13:30,743 --> 00:13:33,679 The problem is, he never latched onto any peer group. 203 00:13:33,713 --> 00:13:37,172 - Not one. - Logan: Except for Robbie Fenwick. 204 00:13:37,216 --> 00:13:39,515 Robbie was a bit of an outcast. 205 00:13:39,552 --> 00:13:41,020 Not totally. 206 00:13:41,054 --> 00:13:43,353 I had hoped he'd help Jaime assimilate. 207 00:13:43,389 --> 00:13:44,914 Never happened. 208 00:13:44,957 --> 00:13:47,188 You ever talk to Jaime's father? 209 00:13:47,226 --> 00:13:49,195 Initial interview, and one other time 210 00:13:49,228 --> 00:13:51,094 to ask him about Jaime's medication. 211 00:13:51,130 --> 00:13:53,690 What kind of medication? 212 00:13:53,733 --> 00:13:56,703 His file says it's a psychiatric prescription. 213 00:13:56,736 --> 00:13:59,103 Mr. Maser downplayed the whole thing. 214 00:13:59,138 --> 00:14:04,304 - Didn't go into details. - Did he have mood swings or outbursts? 215 00:14:04,344 --> 00:14:06,939 Not that the teaching staff observed. 216 00:14:06,979 --> 00:14:10,814 But as I said, he's a very quiet young man. 217 00:14:10,850 --> 00:14:14,412 I'm not even sure how well his classmates knew him. 218 00:14:15,621 --> 00:14:17,715 I got this weird vibe from him. 219 00:14:17,757 --> 00:14:19,089 Sometimes he had this look, 220 00:14:19,125 --> 00:14:21,788 this stare. 221 00:14:21,828 --> 00:14:25,060 You just knew the gears were like mashing up in his head. 222 00:14:25,098 --> 00:14:27,260 Did he try to make friends? 223 00:14:27,300 --> 00:14:28,632 Yeah, at first. 224 00:14:28,668 --> 00:14:30,569 You know, new kid at midterm. 225 00:14:30,603 --> 00:14:33,038 But we've all been going to school together for years. 226 00:14:33,072 --> 00:14:35,598 Nobody really had time for him. 227 00:14:35,641 --> 00:14:37,837 Except for Robbie. 228 00:14:37,877 --> 00:14:39,470 That guy was twisted. 229 00:14:39,512 --> 00:14:41,845 Twisted? How? 230 00:14:41,881 --> 00:14:44,510 He was always talking about guns, 231 00:14:44,550 --> 00:14:47,645 and like, shooting, and getting high. 232 00:14:47,687 --> 00:14:50,623 Did you ever hear Jaime talk about guns? 233 00:14:50,656 --> 00:14:52,386 No, that was Robbie. 234 00:14:52,425 --> 00:14:54,860 That kid was always maxed out on war stuff. 235 00:14:54,894 --> 00:14:56,863 Like when Bush did his thing in Iraq, 236 00:14:56,896 --> 00:14:58,762 Robbie was totally into it. 237 00:14:58,798 --> 00:15:01,131 He knew every single weapon they had over there. 238 00:15:01,167 --> 00:15:02,897 We used to call him Deuce-Deuce. 239 00:15:02,935 --> 00:15:04,836 Why is that? 240 00:15:04,871 --> 00:15:08,137 Well, last year he showed up with this little .22. 241 00:15:08,174 --> 00:15:11,008 You know, I think his old man ended up taking it off him. 242 00:15:13,012 --> 00:15:15,504 Claire found it in his dresser. 243 00:15:17,016 --> 00:15:21,954 I was never able to get a straight answer as to where he got it. 244 00:15:23,356 --> 00:15:25,450 The boys spend a lot of time in here? 245 00:15:26,692 --> 00:15:29,321 Jaime had been here a few times. 246 00:15:29,362 --> 00:15:31,126 He was always polite. 247 00:15:32,698 --> 00:15:34,599 He didn't talk much. 248 00:15:36,068 --> 00:15:38,060 Robbie loved guns. 249 00:15:39,372 --> 00:15:41,000 He was fascinated with the fact that 250 00:15:41,040 --> 00:15:43,703 Jaime's father was a competition shooter. 251 00:15:45,211 --> 00:15:47,510 Neither of us know why or where it came from, 252 00:15:47,547 --> 00:15:49,675 but he just... 253 00:15:49,715 --> 00:15:51,377 he seemed... 254 00:15:52,885 --> 00:15:54,877 to feed off of it. 255 00:16:04,163 --> 00:16:06,291 The first few months, nothing... 256 00:16:06,332 --> 00:16:08,961 Wouldn't talk to me about the new school. 257 00:16:09,001 --> 00:16:11,300 When he first hooked up with Robbie, 258 00:16:11,337 --> 00:16:13,636 I was happy he had made a friend. 259 00:16:13,673 --> 00:16:15,733 He has trouble making friends? 260 00:16:16,776 --> 00:16:19,302 Jaime wouldn't win any popularity contests. 261 00:16:19,345 --> 00:16:22,645 He's... self-reliant. 262 00:16:22,682 --> 00:16:25,846 Something happen to make you change your mind about Robbie? 263 00:16:25,885 --> 00:16:27,649 A few months ago Jaime came to me 264 00:16:27,687 --> 00:16:29,986 and asked me whether he and Robbie could come 265 00:16:30,022 --> 00:16:31,490 to the firing range with me. 266 00:16:31,524 --> 00:16:35,017 I got the impression it was Robbie's idea. 267 00:16:35,061 --> 00:16:38,031 So what about the medication? 268 00:16:38,064 --> 00:16:39,657 What about it? 269 00:16:39,699 --> 00:16:41,998 Cerreta: Well, can you tell us what it was for? 270 00:16:42,034 --> 00:16:44,367 When did Jaime start taking it? 271 00:16:44,403 --> 00:16:47,931 I'd be happy to, if I didn't think I'd get my butt thrown in jail. 272 00:16:47,974 --> 00:16:49,840 What? 273 00:16:49,876 --> 00:16:52,038 It's terms of my divorce. 274 00:16:53,880 --> 00:16:57,248 It's partly why Jaime's on medication. 275 00:16:57,283 --> 00:16:59,912 Would you mind telling us your ex-wife's address? 276 00:16:59,952 --> 00:17:02,649 305 West 21st Street. 277 00:17:03,823 --> 00:17:06,122 But it won't do you any good. 278 00:17:06,158 --> 00:17:08,150 She can't talk about it either. 279 00:17:10,162 --> 00:17:11,960 You know, before the Academy, 280 00:17:11,998 --> 00:17:15,127 the only gun I ever shot was a Daisy... BB gun. 281 00:17:15,167 --> 00:17:16,965 My old man used to let me shoot 282 00:17:17,003 --> 00:17:18,972 a stack of newspapers in the basement. 283 00:17:19,005 --> 00:17:21,474 Of course, one day I wing a pigeon, right? 284 00:17:21,507 --> 00:17:24,102 He flips out, throws the gun in the incinerator, 285 00:17:24,143 --> 00:17:27,807 makes me bring the damn bird to the vet in a shoe box on the bus. 286 00:17:27,847 --> 00:17:29,816 To this day I hate pigeons. 287 00:17:29,849 --> 00:17:31,647 They're rats with wings. 288 00:17:31,684 --> 00:17:33,653 Well, you see, when you give a boy a gun, 289 00:17:33,686 --> 00:17:36,349 eventually he may go after bigger game than tin-can targets. 290 00:17:36,389 --> 00:17:39,325 - That was my mother's argument. - That's everybody's mother's argument. 291 00:17:39,358 --> 00:17:41,670 Either that or, "Someone's going to get their eye put out." 292 00:17:41,694 --> 00:17:43,060 "Somebody's bound to get hurt." 293 00:17:43,095 --> 00:17:46,395 I bet Jaime's mother is no different. 294 00:17:46,432 --> 00:17:48,162 I can't. 295 00:17:48,200 --> 00:17:51,830 Jaime's therapy is tied to the divorce. 296 00:17:51,871 --> 00:17:54,340 It's pretty much the reason we split. 297 00:17:54,373 --> 00:17:56,808 You got divorced because Jaime's in therapy? 298 00:17:56,842 --> 00:18:01,280 No, no. The incident that led to the therapy. 299 00:18:01,314 --> 00:18:03,306 Look, you can't push me on this. 300 00:18:03,349 --> 00:18:05,113 It's been sealed. 301 00:18:05,151 --> 00:18:09,714 Part of the negotiated settlement was that Ian and I honor that seal. 302 00:18:10,823 --> 00:18:13,588 Mrs. Maser, a boy is dead. 303 00:18:13,626 --> 00:18:15,595 All of our instincts tell us 304 00:18:15,628 --> 00:18:17,790 there's something we should know here. 305 00:18:19,298 --> 00:18:22,029 Have you spoken to Jaime lately? 306 00:18:24,170 --> 00:18:26,298 It's not my time to see him. 307 00:18:26,339 --> 00:18:29,673 - Terms of the divorce. - Even under extraordinary circumstances? 308 00:18:29,709 --> 00:18:32,975 His father is very absolute about things. 309 00:18:35,181 --> 00:18:38,811 My son and I are just getting back on track, Detective. 310 00:18:38,851 --> 00:18:40,479 It's been a long time. 311 00:18:40,519 --> 00:18:43,717 He doesn't really talk to me that much. 312 00:18:45,691 --> 00:18:47,489 She said "sealed." 313 00:18:47,526 --> 00:18:50,496 That can mean only one thing... He was in some trouble. 314 00:18:50,529 --> 00:18:53,158 Wait, wait a minute. Wait a minute. 315 00:18:53,199 --> 00:18:56,067 Are you telling me the kid's juvenile record is sealed, 316 00:18:56,102 --> 00:18:58,662 and forbids them to talk about it as well? 317 00:18:58,704 --> 00:19:01,003 What the hell kind of a settlement is that? 318 00:19:01,040 --> 00:19:02,941 If whatever happened with Jaime 319 00:19:02,975 --> 00:19:04,944 was severe enough to split the family, 320 00:19:04,977 --> 00:19:08,277 an argument could be made both were in the kid's best interest. 321 00:19:08,314 --> 00:19:10,306 That is just great. Now we know there's 322 00:19:10,349 --> 00:19:12,614 something in there, and we can't look at it. 323 00:19:12,652 --> 00:19:14,780 To get a court order to open a sealed record, 324 00:19:14,820 --> 00:19:16,448 I have to show relevance. 325 00:19:16,489 --> 00:19:18,720 And I can't do that unless I know what's in the record. 326 00:19:18,758 --> 00:19:20,659 This is a hell of a system we got. 327 00:19:20,693 --> 00:19:24,289 With a prosecutor's judge, maybe we get lucky. 328 00:19:24,330 --> 00:19:26,799 But since Jaime's a youthful offender, I doubt it. 329 00:19:26,832 --> 00:19:28,926 And then we've shown our hand. 330 00:19:28,968 --> 00:19:31,301 Fine, you know what? Screw the record. 331 00:19:31,337 --> 00:19:33,533 Somewhere some cop had to write it up. 332 00:19:33,572 --> 00:19:35,973 The Masers lived in Chelsea before the divorce. 333 00:19:36,008 --> 00:19:38,102 The report's probably still in the precinct. 334 00:19:38,144 --> 00:19:40,613 The seal applies to the official police files, 335 00:19:40,646 --> 00:19:42,581 as well as to the reports, notes and records 336 00:19:42,615 --> 00:19:44,413 of the investigating officer. 337 00:19:44,450 --> 00:19:46,146 You think it applies to what 338 00:19:46,185 --> 00:19:49,280 the officer might have to say a few years later? 339 00:19:57,363 --> 00:19:59,355 Happened over near East River Park. 340 00:20:00,533 --> 00:20:02,832 Something I never liked about that case. 341 00:20:02,868 --> 00:20:05,337 What are two kids doing there with a gun? 342 00:20:05,371 --> 00:20:06,999 Huh? 343 00:20:07,039 --> 00:20:10,032 The only thing that's down there is junkies and squatters. 344 00:20:10,076 --> 00:20:12,807 And the other kid ends up dead. 345 00:20:12,845 --> 00:20:15,508 An accident... right. 346 00:20:15,548 --> 00:20:18,814 - An accident asking to happen is what I say. - Right. 347 00:20:18,851 --> 00:20:21,013 Did you keep your own notes on this case? 348 00:20:21,053 --> 00:20:22,351 Off the record. 349 00:20:25,057 --> 00:20:27,288 Never know when you might need 'em, right? 350 00:20:27,326 --> 00:20:29,693 It happened when Jaime was 13. 351 00:20:29,729 --> 00:20:31,197 The other kid, 352 00:20:31,230 --> 00:20:33,358 who's name was Graham Campbell, was 12. 353 00:20:33,399 --> 00:20:35,368 It was the same thing... One to the head. 354 00:20:35,401 --> 00:20:38,371 The gun was a Colt Python, registered to Ian Maser. 355 00:20:38,404 --> 00:20:39,872 Ruled an accident. 356 00:20:39,905 --> 00:20:41,533 He told the detective on the scene 357 00:20:41,574 --> 00:20:44,203 he was just trying to show his friend how the gun worked. 358 00:20:44,243 --> 00:20:47,372 Jaime's 13, white, middle class, no priors. 359 00:20:47,413 --> 00:20:49,279 Cerreta: And here's the kicker. 360 00:20:49,315 --> 00:20:51,511 He said he thought you had to cock the hammer back 361 00:20:51,550 --> 00:20:53,678 by hand before you could fire the gun. 362 00:20:53,719 --> 00:20:56,188 - Same excuse he's selling now. - Worked the first time. 363 00:20:56,222 --> 00:20:58,714 - Why not stick with it, right? - Anything else? 364 00:20:58,758 --> 00:21:00,852 The two shootings were practically identical, 365 00:21:00,893 --> 00:21:03,158 right down to Maser Senior corroborating his son's claim 366 00:21:03,195 --> 00:21:06,495 - he didn't know how to work the handgun. - This time he's lying. 367 00:21:06,532 --> 00:21:08,501 We get a statement, he perjures himself. 368 00:21:08,534 --> 00:21:10,002 But it goes deeper than that. 369 00:21:10,035 --> 00:21:11,503 We got to start with the kid. 370 00:21:11,537 --> 00:21:13,665 We all know he wanted to scare Robbie Fenwick. 371 00:21:13,706 --> 00:21:15,675 We gotta prove he wanted to kill him. 372 00:21:15,708 --> 00:21:17,506 He pointed a gun at somebody before, 373 00:21:17,543 --> 00:21:19,512 he had pulled the trigger before. 374 00:21:19,545 --> 00:21:21,844 He knew the consequences. 375 00:21:21,881 --> 00:21:23,850 That's not enough to prove intent? 376 00:21:23,883 --> 00:21:25,511 It is for everybody in this room, 377 00:21:25,551 --> 00:21:28,851 but legally we may not even be able to use the first shooting. 378 00:21:28,888 --> 00:21:31,255 Robinette: You want to go down to man two? 379 00:21:33,192 --> 00:21:35,024 No, I want him at murder two. 380 00:21:35,060 --> 00:21:37,188 Depraved indifference to human life. 381 00:21:37,229 --> 00:21:40,393 - No need to prove intent. - And we try him as an adult. 382 00:21:49,408 --> 00:21:51,206 Cerreta: Jaime. 383 00:21:51,243 --> 00:21:53,542 - Come here a minute. - What? 384 00:21:53,579 --> 00:21:55,946 Come on, get in. 385 00:21:57,016 --> 00:21:59,884 - Why? What for? - We're putting you under arrest. 386 00:21:59,919 --> 00:22:02,684 What do you mean?! You guys said everything was gonna be fine. 387 00:22:04,056 --> 00:22:06,992 - Take it easy. - What are you guys doing here, anyway? 388 00:22:07,026 --> 00:22:09,962 - Just get away from me! - Logan: Do us a favor and get in the car. 389 00:22:09,995 --> 00:22:12,021 Read him his freakin' rights, will you? 390 00:22:18,204 --> 00:22:20,002 Your Honor, it's more than outrageous. 391 00:22:20,039 --> 00:22:22,599 They practically dragged the child out of the classroom. 392 00:22:22,641 --> 00:22:24,405 Spare us the hyperbole, Counselor. 393 00:22:24,443 --> 00:22:26,173 Your Honor, the People are informed 394 00:22:26,212 --> 00:22:28,443 that officers were, in fact, outside school grounds. 395 00:22:28,480 --> 00:22:31,416 - 10 feet? - Defense: Given the defendant's age, 396 00:22:31,450 --> 00:22:35,012 and the obvious strong-arm intentions of the DA's office, 397 00:22:35,054 --> 00:22:36,682 we intend to ask for removal 398 00:22:36,722 --> 00:22:38,623 of these proceedings to Family Court. 399 00:22:38,657 --> 00:22:40,421 Your Honor, the People feel that... 400 00:22:41,727 --> 00:22:44,891 I'm aware of the defendant's age, Mr. Barnett. 401 00:22:44,930 --> 00:22:47,798 You want to make the motion, feel free, 402 00:22:47,833 --> 00:22:50,029 but I see nothing here to indicate 403 00:22:50,069 --> 00:22:52,436 why he shouldn't be tried as an adult. 404 00:22:52,471 --> 00:22:55,703 Supreme Criminal to retain jurisdiction. 405 00:22:55,741 --> 00:22:58,734 Defendant remanded to the custody of his father. 406 00:23:00,079 --> 00:23:02,639 Our claim of diminished capacity 407 00:23:02,681 --> 00:23:05,651 is based on the fact that at the time of the shooting, 408 00:23:05,684 --> 00:23:08,745 Jaime was involuntarily intoxicated. 409 00:23:08,787 --> 00:23:11,086 According to this, he was legally taking 410 00:23:11,123 --> 00:23:13,490 a prescribed medication under the supervision 411 00:23:13,525 --> 00:23:15,153 of licensed psychiatrist. 412 00:23:15,194 --> 00:23:18,756 Tracon is known to have adverse reactions in certain individuals. 413 00:23:18,797 --> 00:23:21,631 We can demonstrate it affected his ability 414 00:23:21,667 --> 00:23:24,933 to appreciate the consequences of his actions. 415 00:23:24,970 --> 00:23:28,065 He had the presence of mind to lie to the investigating officers. 416 00:23:28,107 --> 00:23:30,303 He had the presence of mind to hide the fact 417 00:23:30,342 --> 00:23:32,140 that he was involved in a prior shooting. 418 00:23:32,177 --> 00:23:34,669 The prior incident is not relevant. 419 00:23:34,713 --> 00:23:37,080 And I'm sure a jury will have no trouble 420 00:23:37,116 --> 00:23:39,017 understanding that my young client 421 00:23:39,051 --> 00:23:41,020 was frightened and confused. 422 00:23:41,053 --> 00:23:44,114 He was under the influence of a powerful psychotropic drug. 423 00:23:44,156 --> 00:23:45,784 Tracon did the shooting? 424 00:23:45,824 --> 00:23:48,020 I have the precedents to back it up. 425 00:23:48,060 --> 00:23:49,858 Grundberg. Petty. 426 00:23:49,895 --> 00:23:52,524 Charges dismissed against a woman who shot her mother eight times? 427 00:23:52,564 --> 00:23:55,500 And an acquittal on a guy who stabbed his ex-wife in the heart? 428 00:23:55,534 --> 00:23:57,696 Neither case involved Tracon. 429 00:23:57,736 --> 00:23:59,534 And unlike Mr. Maser, the defendants 430 00:23:59,571 --> 00:24:01,039 did not have a previous history 431 00:24:01,073 --> 00:24:03,201 of reckless or violent behavior. 432 00:24:03,242 --> 00:24:05,302 Come on, fellas, you're blowing smoke. 433 00:24:05,344 --> 00:24:08,143 Negligent homicide, and no time. 434 00:24:08,180 --> 00:24:10,877 I'm not gonna plead this down to a slap on the wrist, Dan. 435 00:24:12,184 --> 00:24:14,653 More than happy to let a jury decide. 436 00:24:14,687 --> 00:24:16,815 Jaime. 437 00:24:16,855 --> 00:24:19,222 Have a nice day. 438 00:24:23,195 --> 00:24:25,027 Nobody's responsible anymore. 439 00:24:25,064 --> 00:24:27,465 You kill somebody, it's not your fault. 440 00:24:27,499 --> 00:24:30,230 You're addicted to sugar, or the wrong medication, 441 00:24:30,269 --> 00:24:34,229 and someone should pay you a million dollars for your suffering. 442 00:24:34,273 --> 00:24:36,572 Who's doing Jaime's evaluation? 443 00:24:36,608 --> 00:24:39,009 I'll call Olivet. 444 00:24:42,881 --> 00:24:45,043 Olivet: You ever had any blackouts? 445 00:24:47,052 --> 00:24:49,351 What about the last time things didn't turn out 446 00:24:49,388 --> 00:24:51,823 the way you wanted, how'd you handle it? 447 00:24:53,225 --> 00:24:55,023 Did you get mad, did you yell, 448 00:24:55,060 --> 00:24:57,529 did you trash your room? 449 00:24:57,563 --> 00:25:00,362 - I just got over it. - How about your dad? 450 00:25:00,399 --> 00:25:03,301 When he gets angry, does he let you know it? 451 00:25:03,335 --> 00:25:05,668 Yeah, I guess so. 452 00:25:07,506 --> 00:25:09,134 What about with Robbie? 453 00:25:09,174 --> 00:25:11,143 When you were pointing the gun at him, 454 00:25:11,176 --> 00:25:13,645 what were you feeling? 455 00:25:13,679 --> 00:25:15,648 I wasn't feeling anything. 456 00:25:15,681 --> 00:25:17,673 What do you think Robbie was feeling? 457 00:25:18,851 --> 00:25:20,820 Scared. 458 00:25:20,853 --> 00:25:23,482 He felt scared. 459 00:25:23,522 --> 00:25:25,684 And Graham Campbell? How about him? 460 00:25:27,192 --> 00:25:28,990 I don't remember. 461 00:25:29,028 --> 00:25:30,860 You remember how you felt? 462 00:25:33,332 --> 00:25:34,994 I think you do. 463 00:25:35,034 --> 00:25:36,593 You want to tell me about it? 464 00:25:38,037 --> 00:25:39,972 Nothing to tell. 465 00:25:40,005 --> 00:25:42,736 I hear you say that, but I'm seeing something different. 466 00:25:47,212 --> 00:25:49,545 Let's try something else here. 467 00:25:51,383 --> 00:25:52,612 Okay. 468 00:25:52,651 --> 00:25:54,677 I want you to make up a story based 469 00:25:54,720 --> 00:25:56,951 on the pictures I'm going to show you. 470 00:25:56,989 --> 00:25:59,015 You tell me who the characters are, 471 00:25:59,058 --> 00:26:02,995 what they're thinking, what led up to the scene in the picture. Okay? 472 00:26:06,498 --> 00:26:08,797 What's happening in this picture, Jaime? 473 00:26:10,002 --> 00:26:12,369 - I don't know. - Yes, you do. 474 00:26:16,675 --> 00:26:19,144 He's trying to learn the violin. 475 00:26:19,178 --> 00:26:21,170 What else? 476 00:26:21,213 --> 00:26:23,614 He's pretty lame with it. 477 00:26:23,649 --> 00:26:26,619 What about the look on his face? 478 00:26:26,652 --> 00:26:28,348 What about it? 479 00:26:28,387 --> 00:26:30,151 Do you think he'll pick it up? 480 00:26:30,189 --> 00:26:31,817 Do you think he'll try it? 481 00:26:31,857 --> 00:26:33,951 - I don't know. - Do you think he wants to? 482 00:26:35,527 --> 00:26:38,087 - I think he's got to. - Why is that? 483 00:26:38,130 --> 00:26:40,156 Because if he doesn't, his old man 484 00:26:40,199 --> 00:26:42,998 is probably going to beat the crap out of him. 485 00:26:43,035 --> 00:26:44,799 Probably serves him right. 486 00:26:44,837 --> 00:26:46,635 Why does it serve him right? 487 00:26:46,672 --> 00:26:48,766 Well, he's got to learn it, right? 488 00:26:48,807 --> 00:26:50,207 I don't know. Does he? 489 00:26:50,242 --> 00:26:53,838 - What's the point, otherwise? - Olivet: Of what? 490 00:26:53,879 --> 00:26:57,372 Of taking the stupid lessons, if he's not gonna learn how to play it?! 491 00:26:58,550 --> 00:27:01,019 I'd say he's a psychologically abused kid 492 00:27:01,053 --> 00:27:03,113 with an incredibly exacting father. 493 00:27:03,155 --> 00:27:06,250 Confirms what Cerreta and Logan picked up from the mother. 494 00:27:06,291 --> 00:27:08,055 Abused kids follow one of two tracks. 495 00:27:08,093 --> 00:27:09,959 They either identify with the victim, 496 00:27:09,995 --> 00:27:12,794 and place themselves in situations where they'll be victimized, 497 00:27:12,831 --> 00:27:14,629 or they identify with the aggressor... 498 00:27:14,666 --> 00:27:17,966 Internalize his qualities, his power, his strength. 499 00:27:18,003 --> 00:27:20,165 Stone: And he became the aggressor. 500 00:27:20,205 --> 00:27:22,765 And what effect did Tracon have on his behavior? 501 00:27:22,808 --> 00:27:25,277 It's an anti-anxiety drug. 502 00:27:25,310 --> 00:27:28,303 It can affect mood, memory, any number of variables. 503 00:27:28,347 --> 00:27:30,407 But my opinion is that Jaime's behavior 504 00:27:30,449 --> 00:27:32,714 predates administration of the drug. 505 00:27:32,751 --> 00:27:35,619 Jaime exhibits repetition compulsion, 506 00:27:35,654 --> 00:27:38,453 a need to act out his subconscious conflict. 507 00:27:38,490 --> 00:27:40,288 He wants to feel powerful. 508 00:27:40,325 --> 00:27:42,123 He enjoys the fear he creates. 509 00:27:42,161 --> 00:27:45,131 That's what this game with the Fenwick kid was all about. 510 00:27:45,164 --> 00:27:47,133 And drug or no drug, he'll play it again 511 00:27:47,166 --> 00:27:49,135 the first chance he gets. 512 00:27:49,168 --> 00:27:51,137 The first shooting when he was 13, 513 00:27:51,170 --> 00:27:53,139 that was part of the game, as well? 514 00:27:53,172 --> 00:27:55,573 Olivet: He became pretty agitated when I brought it up. 515 00:27:55,607 --> 00:27:58,702 He was probably traumatized by the incident. 516 00:27:58,744 --> 00:28:00,770 But not enough to stay away from guns. 517 00:28:02,648 --> 00:28:05,277 Best thing you can do is plea it out, 518 00:28:05,317 --> 00:28:08,947 make residential psychiatric care a condition. 519 00:28:08,987 --> 00:28:11,115 Stone: Six months of daycare? 520 00:28:11,156 --> 00:28:13,125 He had two years of therapy, Adam. 521 00:28:13,158 --> 00:28:16,788 He knows what happens when you pull a trigger. And he didn't care. 522 00:28:16,828 --> 00:28:19,627 You cannot make the case without entering 523 00:28:19,665 --> 00:28:21,793 the first shooting in evidence. 524 00:28:21,833 --> 00:28:23,358 No judge will allow it. 525 00:28:23,402 --> 00:28:25,132 You got a sealed record there. 526 00:28:25,170 --> 00:28:26,900 You got a juvenile who's the offender. 527 00:28:26,939 --> 00:28:30,637 Any jury would convict this boy 528 00:28:30,676 --> 00:28:34,169 on the second shooting solely on the evidence from the first. 529 00:28:34,213 --> 00:28:36,148 Jaime said he mistakenly shot 530 00:28:36,181 --> 00:28:37,979 Robbie Fenwick because he didn't know 531 00:28:38,016 --> 00:28:39,780 the difference between a double-action 532 00:28:39,818 --> 00:28:41,719 and a single-action handgun. 533 00:28:41,753 --> 00:28:45,019 The Graham Campbell shooting demonstrates he'd learned that lesson two years ago 534 00:28:45,057 --> 00:28:47,026 when he claimed to have made the same mistake. 535 00:28:50,195 --> 00:28:52,255 Take a run at Judge Markman. 536 00:28:53,865 --> 00:28:56,835 Jaime Maser shooting Graham Campbell at age 13 537 00:28:56,868 --> 00:28:59,497 had to have been the single most important 538 00:28:59,538 --> 00:29:01,632 incident in the boy's life to date. 539 00:29:01,673 --> 00:29:04,165 If that act is not admitted, it allows Jaime 540 00:29:04,209 --> 00:29:07,611 a defense claim that's clearly fraudulent. 541 00:29:07,646 --> 00:29:10,206 Your Honor, it's irrelevant. 542 00:29:10,249 --> 00:29:13,617 Our defense isn't based on a claim of mistake. 543 00:29:13,652 --> 00:29:16,451 Robinette: Maybe not now, but he did make the statements. 544 00:29:16,488 --> 00:29:18,457 The investigating officers will testify 545 00:29:18,490 --> 00:29:20,618 Jaime told them he was confused on the gun. 546 00:29:20,659 --> 00:29:24,323 The prior shooting should be admitted to show that statement to be a lie. 547 00:29:24,363 --> 00:29:27,162 Under a technical application of Molineux, you're right. 548 00:29:27,199 --> 00:29:29,293 But I have to take into account the impact 549 00:29:29,334 --> 00:29:31,064 the knowledge of this prior shooting 550 00:29:31,103 --> 00:29:33,800 will have on the jury, as I'm sure you did. 551 00:29:33,839 --> 00:29:36,968 In my opinion, it's so inflammatory, so prejudicial, 552 00:29:37,009 --> 00:29:40,002 it will outweigh its value as evidence. 553 00:29:41,747 --> 00:29:44,478 So I can't allow it to be introduced. 554 00:29:53,025 --> 00:29:55,324 Jaime: Everything was in slow motion. 555 00:29:55,360 --> 00:29:57,329 It was weird. 556 00:29:57,362 --> 00:30:02,824 I felt like I was standing outside my body... 557 00:30:02,868 --> 00:30:04,996 and watching. 558 00:30:05,037 --> 00:30:08,166 I could see me and Robbie... 559 00:30:08,206 --> 00:30:11,370 like in a movie. 560 00:30:13,045 --> 00:30:15,708 And I wanted to see how far the trigger would go. 561 00:30:18,550 --> 00:30:20,542 I wanted to see what Robbie would do. 562 00:30:23,388 --> 00:30:25,186 Did he say anything to you? 563 00:30:26,725 --> 00:30:28,387 I don't... I don't know. 564 00:30:29,895 --> 00:30:32,364 It was like it was in a bubble. 565 00:30:32,397 --> 00:30:34,389 I couldn't hear. 566 00:30:36,568 --> 00:30:39,504 I just kept pulling the trigger, 567 00:30:39,538 --> 00:30:41,700 and there was this flash. 568 00:30:43,108 --> 00:30:44,906 And the gun went off? 569 00:30:45,911 --> 00:30:47,573 I don't remember. 570 00:30:51,083 --> 00:30:53,416 There was Robbie, just laying there... 571 00:30:54,753 --> 00:30:56,119 bleeding. 572 00:30:56,154 --> 00:30:58,885 It was like the movie was still going on. 573 00:30:58,924 --> 00:31:01,257 I couldn't feel. 574 00:31:03,195 --> 00:31:05,926 I heard this roaring sound in my ears. 575 00:31:08,033 --> 00:31:10,593 I just couldn't stop watching. 576 00:31:18,043 --> 00:31:20,478 No further questions. 577 00:31:20,512 --> 00:31:22,447 Mr. Stone. 578 00:31:22,481 --> 00:31:24,347 No questions at this time, Your Honor. 579 00:31:24,383 --> 00:31:26,579 Subject to recall. 580 00:31:28,487 --> 00:31:30,183 Since its introduction, 581 00:31:30,222 --> 00:31:32,123 Tracon has had a favorable success rate. 582 00:31:32,157 --> 00:31:35,355 But it has also generated 10 times more 583 00:31:35,394 --> 00:31:38,159 adverse reaction reports than similar drugs. 584 00:31:38,196 --> 00:31:40,427 What kind of adverse reactions, Doctor? 585 00:31:40,465 --> 00:31:44,368 Nervous system disturbances. 586 00:31:44,403 --> 00:31:46,668 Rebound anxiety, amnesia, 587 00:31:46,705 --> 00:31:49,300 hostility, delusions. 588 00:31:49,341 --> 00:31:52,277 It's my opinion Tracon can ignite repressed anger. 589 00:31:52,310 --> 00:31:54,040 Can you offer an opinion 590 00:31:54,079 --> 00:31:55,877 about his emotional state 591 00:31:55,914 --> 00:31:57,405 at the time of the shooting? 592 00:31:57,449 --> 00:32:01,614 Based on his behavior since being prescribed Tracon, 593 00:32:01,653 --> 00:32:03,622 it's my opinion Jaime was suffering 594 00:32:03,655 --> 00:32:05,681 from Tracon intoxication syndrome. 595 00:32:05,724 --> 00:32:08,956 Thank you, Doctor. No further questions. 596 00:32:11,363 --> 00:32:15,960 Doctor, could you describe dissociative phenomena? 597 00:32:17,536 --> 00:32:20,165 It's a feeling of standing outside oneself, 598 00:32:20,205 --> 00:32:23,334 of being a witness to something happening to you. 599 00:32:23,375 --> 00:32:25,844 Stone: That sounds very similar to a symptom 600 00:32:25,877 --> 00:32:28,676 - of Tracon intoxication. - Yes. 601 00:32:28,713 --> 00:32:30,511 And isn't it true that victims 602 00:32:30,549 --> 00:32:33,109 of sexual or psychological abuse also suffer 603 00:32:33,151 --> 00:32:34,619 from dissociative phenomena? 604 00:32:34,653 --> 00:32:37,179 Yes, that's true. 605 00:32:37,222 --> 00:32:40,852 Have you ever heard of repetition compulsion? 606 00:32:40,892 --> 00:32:43,384 - Yes. - Would you describe it? 607 00:32:43,428 --> 00:32:46,865 It's the need to repeatedly act out an inner conflict. 608 00:32:46,898 --> 00:32:49,060 Stone: An inner conflict that may stem 609 00:32:49,100 --> 00:32:51,865 from psychological abuse? 610 00:32:51,903 --> 00:32:53,872 Yes, possibly, but... 611 00:32:53,905 --> 00:32:56,875 And a subject may be feeding off a surrogate figure's fear... 612 00:32:56,908 --> 00:32:59,207 A fear that would encourage him to re-enact 613 00:32:59,244 --> 00:33:01,804 a situation he found pleasing once before? 614 00:33:01,847 --> 00:33:04,715 Your Honor, prosecution's questions 615 00:33:04,749 --> 00:33:06,809 seem designed to elicit information 616 00:33:06,852 --> 00:33:09,185 that is not admissible here. 617 00:33:09,221 --> 00:33:11,486 Watch your step, Mr. Stone. 618 00:33:11,523 --> 00:33:13,424 No further questions, Your Honor. 619 00:33:15,527 --> 00:33:19,020 How old were you when you first learned to shoot a handgun? 620 00:33:20,699 --> 00:33:22,327 I was 11. 621 00:33:22,367 --> 00:33:23,995 My father taught me how to shoot 622 00:33:24,035 --> 00:33:25,867 his target pistol. 623 00:33:29,708 --> 00:33:32,007 Is this your father's target pistol? 624 00:33:32,043 --> 00:33:33,807 Jaime: Yeah. 625 00:33:35,046 --> 00:33:37,379 How do you fire it? Just pull the trigger? 626 00:33:38,550 --> 00:33:41,213 No, you have to cock the hammer first. 627 00:33:41,253 --> 00:33:42,949 Would you show me? 628 00:33:42,988 --> 00:33:44,752 Your Honor, objection. 629 00:33:45,891 --> 00:33:47,291 Overruled. 630 00:33:48,393 --> 00:33:50,055 Go on, Jaime. 631 00:33:52,898 --> 00:33:54,366 Okay... 632 00:33:54,399 --> 00:33:57,028 you cock the hammer first with your thumb, 633 00:33:57,068 --> 00:33:59,765 and then just pull the trigger. 634 00:34:05,010 --> 00:34:07,138 Is that different from this gun... 635 00:34:07,178 --> 00:34:09,147 The one you shot Robbie with? 636 00:34:09,180 --> 00:34:11,740 - Yeah. - How's it different? 637 00:34:11,783 --> 00:34:14,480 That one you don't have to cock the hammer first. 638 00:34:14,519 --> 00:34:17,580 - You just pull the trigger. - And how would you hold it? 639 00:34:21,192 --> 00:34:23,320 Who taught you to hold a gun like that? 640 00:34:23,361 --> 00:34:25,193 My dad. 641 00:34:26,865 --> 00:34:30,063 So how did it feel pointing a gun at your friend? 642 00:34:30,101 --> 00:34:31,763 - It was a game. - Oh, it was fun, right? 643 00:34:31,803 --> 00:34:34,102 - It was just a game. - So, it was a game 644 00:34:34,139 --> 00:34:36,108 pointing a gun at your friend. 645 00:34:36,141 --> 00:34:38,667 Was squeezing the trigger part of the game? 646 00:34:38,710 --> 00:34:41,578 - Yeah. - Would you show me? 647 00:34:41,613 --> 00:34:43,514 Um... 648 00:34:43,548 --> 00:34:45,517 Please? 649 00:34:46,918 --> 00:34:49,353 You testified you pulled the trigger very slowly, 650 00:34:49,387 --> 00:34:51,686 and the hammer came back, just like that, right? 651 00:34:51,723 --> 00:34:53,521 - Did you see it moving? - I don't remember. 652 00:34:53,558 --> 00:34:55,703 - Robbie see it moving? He say anything? - I don't know. 653 00:34:55,727 --> 00:34:58,629 - Did he say anything at all? - No. 654 00:34:58,663 --> 00:35:02,600 So you went ahead and pulled the trigger like you're doing now, right? 655 00:35:02,634 --> 00:35:04,432 - Yeah. - You held it on him the whole time? 656 00:35:04,469 --> 00:35:07,803 - Yeah. - And how did you feel? Was that exciting? 657 00:35:07,839 --> 00:35:09,967 - I don't know? - And how did Robbie feel? 658 00:35:10,008 --> 00:35:12,239 - Was he afraid? - I don't know... 659 00:35:17,349 --> 00:35:18,977 It went... this isn't fair. 660 00:35:19,017 --> 00:35:20,815 It wasn't... it was just a game. 661 00:35:20,852 --> 00:35:23,583 It wasn't like this. We didn't know. 662 00:35:26,358 --> 00:35:28,020 It's my medicine. 663 00:35:28,059 --> 00:35:29,550 Move to strike, Your Honor. 664 00:35:29,594 --> 00:35:31,153 It makes me confused! 665 00:35:31,196 --> 00:35:33,097 Judge: The jury will disregard. 666 00:35:50,548 --> 00:35:52,016 Madam Foreman, 667 00:35:52,050 --> 00:35:54,212 has the jury reached a unanimous decision? 668 00:35:54,252 --> 00:35:56,016 Yes, we have, Your Honor. 669 00:35:56,054 --> 00:35:57,716 How do you find? 670 00:35:57,756 --> 00:35:59,748 Foreman: On the sole count of the indictment, 671 00:35:59,791 --> 00:36:01,657 murder in the second degree, 672 00:36:01,693 --> 00:36:04,128 we find the defendant, Jaime Maser, 673 00:36:04,162 --> 00:36:07,929 not guilty by reason of mental defect. 674 00:36:13,838 --> 00:36:15,397 Good boy. 675 00:36:15,440 --> 00:36:18,569 Good job. Thank you. 676 00:36:26,184 --> 00:36:28,813 Pull everything you can on the first shooting. 677 00:36:28,853 --> 00:36:30,481 Get the records unsealed. 678 00:36:30,522 --> 00:36:32,491 I want to reopen the investigation. 679 00:36:32,524 --> 00:36:33,958 It's a two-year-old case, Ben. 680 00:36:33,992 --> 00:36:36,518 There's no statute of limitations on murder. 681 00:36:41,700 --> 00:36:43,328 Adam, you heard the report. 682 00:36:43,368 --> 00:36:45,337 - The kid lives on fear. - Fine. 683 00:36:45,370 --> 00:36:47,339 No one in this office walks on water. 684 00:36:47,372 --> 00:36:49,341 Convicting him on the first shooting 685 00:36:49,374 --> 00:36:51,343 will be twice as hard as this last one. 686 00:36:51,376 --> 00:36:54,676 A two-year-old case, less evidence to work with, 687 00:36:54,713 --> 00:36:57,182 and you can't use the fact that it matches up 688 00:36:57,215 --> 00:36:59,343 to the Fenwick shooting, because that shooting 689 00:36:59,384 --> 00:37:03,617 - has not even taken place. - I'm open for suggestions. 690 00:37:05,990 --> 00:37:07,959 - Nothing out of the parents? - No. 691 00:37:07,992 --> 00:37:10,120 They're bound by the gag order on the divorce. 692 00:37:10,161 --> 00:37:12,687 We know the father lied about Jaime's knowledge of guns. 693 00:37:13,998 --> 00:37:17,230 Two boys dead. Not an ounce of guilt. 694 00:37:17,268 --> 00:37:19,464 - We'll find something. - Find something? 695 00:37:19,504 --> 00:37:23,839 - With the case sealed? - Cerreta and Logan have notes from the first detective. 696 00:37:23,875 --> 00:37:26,640 You better get walked through it, then. 697 00:37:28,513 --> 00:37:30,982 Cerreta: Graham Campbell was found right here. 698 00:37:31,015 --> 00:37:32,984 The position of the body indicates 699 00:37:33,017 --> 00:37:35,145 that he was kneeling when he was shot. 700 00:37:35,186 --> 00:37:37,655 Jaime must've been somewhere about right here. 701 00:37:37,689 --> 00:37:39,317 There weren't any powder-burns 702 00:37:39,357 --> 00:37:42,191 - on Graham's body either. - But that was discounted. 703 00:37:42,227 --> 00:37:45,163 Gullikson said it rained the day they found the body. 704 00:37:45,196 --> 00:37:48,166 But assuming there was no residue to begin with... 705 00:37:48,199 --> 00:37:50,168 That would put Jaime far enough away 706 00:37:50,201 --> 00:37:53,660 from Campbell to make an accident very unlikely. 707 00:37:53,705 --> 00:37:56,504 Same game, same excuse. 708 00:37:56,541 --> 00:37:58,339 One shot to the head, 709 00:37:58,376 --> 00:38:00,504 both times fired from six feet away. 710 00:38:00,545 --> 00:38:02,639 Any takers on coincidence? 711 00:38:05,984 --> 00:38:09,944 You taught Jaime how to fire a single-action handgun when he was 12? 712 00:38:09,988 --> 00:38:12,287 Maser: Yes, at a firing range. 713 00:38:12,323 --> 00:38:14,155 And the double-action handgun he used 714 00:38:14,192 --> 00:38:15,785 in the shooting two years ago, 715 00:38:15,827 --> 00:38:18,296 - didn't you teach him how to shoot that, too? - No. 716 00:38:18,329 --> 00:38:22,767 I told you before, I only wanted him interested in target shooting. 717 00:38:22,801 --> 00:38:25,635 Come on, you guys. What is this, net fishing? 718 00:38:25,670 --> 00:38:28,299 It's about your client lying to protect his son. 719 00:38:28,339 --> 00:38:30,137 We know he lied about Jaime's knowledge 720 00:38:30,175 --> 00:38:32,144 of handguns in the Fenwick shooting. 721 00:38:32,177 --> 00:38:34,146 It is not unreasonable to assume he told 722 00:38:34,179 --> 00:38:36,842 the same lie two years earlier in the Campbell shooting. 723 00:38:36,881 --> 00:38:39,373 - And? - It's a perjury, Mr. Maser. 724 00:38:39,417 --> 00:38:41,648 Class "E" felony. Carries some time. 725 00:38:41,686 --> 00:38:44,155 I don't respond to threats. 726 00:38:44,189 --> 00:38:45,987 Two boys are dead. 727 00:38:46,024 --> 00:38:47,993 Boys just as important as your son. 728 00:38:48,026 --> 00:38:49,824 And I hold you greatly responsible, 729 00:38:49,861 --> 00:38:52,228 if not legally, ethically, for both those deaths. 730 00:38:52,263 --> 00:38:55,722 That's one of the great things about this country. 731 00:38:57,202 --> 00:38:59,433 You can believe anything you want. 732 00:39:07,145 --> 00:39:09,114 It's going to take more than an E felony 733 00:39:09,147 --> 00:39:10,945 to leverage anything out of him. 734 00:39:10,982 --> 00:39:13,781 Find out where he did his shooting two years ago. 735 00:39:13,818 --> 00:39:17,016 And see if you can get us in to see Pamela Maser and her lawyer. 736 00:39:26,497 --> 00:39:29,934 Here he is. Ian Maser was a member until two years ago. 737 00:39:29,968 --> 00:39:32,301 I think he moved. 738 00:39:32,337 --> 00:39:35,899 His credit card receipts show he'd been coming here for six years. 739 00:39:35,940 --> 00:39:37,875 Mm-hmm. His kid was a member, too. 740 00:39:37,909 --> 00:39:39,901 You give memberships to kids? 741 00:39:39,944 --> 00:39:42,072 It's a promotional kind of thing. 742 00:39:42,113 --> 00:39:44,639 Kids like having their own membership cards. 743 00:39:44,682 --> 00:39:47,948 They can't shoot unless their parents are around, anyway. 744 00:39:47,986 --> 00:39:49,545 Maser bring his son in here often? 745 00:39:49,587 --> 00:39:51,920 I don't recall how often. 746 00:39:51,956 --> 00:39:54,983 Maser kept a target pistol here. That was his thing. 747 00:39:55,026 --> 00:39:57,586 I remember him teaching the kid how to do it. 748 00:39:57,629 --> 00:40:00,656 I used to hear him holler at him all the time. 749 00:40:00,698 --> 00:40:02,189 Maser ever fire any other guns? 750 00:40:03,868 --> 00:40:07,828 I see where he started buying .357 ammo before he moved. 751 00:40:07,872 --> 00:40:09,340 Wadcutters. 752 00:40:09,374 --> 00:40:10,842 Oh, yeah. 753 00:40:10,875 --> 00:40:13,003 Then he got himself a Colt Python. 754 00:40:13,044 --> 00:40:15,013 That was pretty funny for a while. 755 00:40:15,046 --> 00:40:17,140 - What was? - Colt's a big gun. 756 00:40:17,181 --> 00:40:21,175 Seeing that young kid trying to keep a bead on the target. 757 00:40:23,554 --> 00:40:26,422 I don't know. I never had anything to do with the guns. 758 00:40:26,457 --> 00:40:29,086 That was between Ian and Jaime. 759 00:40:29,127 --> 00:40:30,595 Jaime never talked to you about it? 760 00:40:30,628 --> 00:40:32,688 He told me if he'd done well, 761 00:40:32,730 --> 00:40:34,528 if he'd pleased his father. 762 00:40:34,565 --> 00:40:36,193 But specifically, no. 763 00:40:36,234 --> 00:40:38,499 And your husband never talked about it? 764 00:40:38,536 --> 00:40:40,869 The guns were male business. 765 00:40:40,905 --> 00:40:44,034 Ian assumed I wouldn't understand, which wasn't true, 766 00:40:44,075 --> 00:40:48,206 or that I didn't want to know, which was true. 767 00:40:48,246 --> 00:40:50,613 Stone: Your husband and you separated not long after 768 00:40:50,648 --> 00:40:53,208 the first shooting incident, is that correct? 769 00:40:53,251 --> 00:40:55,777 Is that because of the guns? 770 00:41:00,091 --> 00:41:01,719 Or the shooting? 771 00:41:03,528 --> 00:41:06,157 Or the way your husband treats Jaime? 772 00:41:06,197 --> 00:41:07,995 Shaky ground, Mr. Stone. 773 00:41:08,032 --> 00:41:09,898 You know that information is sealed. 774 00:41:09,934 --> 00:41:12,165 What I know, sealed or not, 775 00:41:12,203 --> 00:41:14,172 is that two boys are dead, 776 00:41:14,205 --> 00:41:16,174 and your son may or may not have been 777 00:41:16,207 --> 00:41:19,700 irreparably damaged by his relationship with his father. 778 00:41:22,714 --> 00:41:24,342 I think you know, as well as I do, 779 00:41:24,382 --> 00:41:26,010 that no matter what the settlement 780 00:41:26,050 --> 00:41:30,454 or the financial support, it can't be anywhere near worth it. 781 00:41:39,063 --> 00:41:41,532 Pamela: Ian wasn't an easy man to live with. 782 00:41:41,566 --> 00:41:44,365 Things were his way or no way. 783 00:41:44,402 --> 00:41:46,371 And if they weren't his way, 784 00:41:46,404 --> 00:41:48,270 Jaime or I paid for it. 785 00:41:50,074 --> 00:41:52,066 After Graham Campbell was shot, 786 00:41:52,110 --> 00:41:55,342 things got way out of hand. 787 00:41:55,380 --> 00:41:57,849 Out of hand? 788 00:41:57,882 --> 00:42:00,716 Anything would set Ian off. Anything. 789 00:42:01,853 --> 00:42:03,583 Jaime was out of control. 790 00:42:03,621 --> 00:42:07,114 Ian and I separated, and Jaime came to live with me. 791 00:42:07,158 --> 00:42:09,320 He started taking things out on me, too. 792 00:42:09,360 --> 00:42:11,056 He started acting like his father. 793 00:42:11,095 --> 00:42:12,757 In what way? 794 00:42:12,797 --> 00:42:14,891 He threatened me. 795 00:42:14,932 --> 00:42:16,798 With what? 796 00:42:16,834 --> 00:42:18,894 A gun. 797 00:42:20,338 --> 00:42:23,172 Stone: And did you keep a gun in the apartment? 798 00:42:24,542 --> 00:42:27,137 No, it was one of Ian's. 799 00:42:27,178 --> 00:42:29,511 I don't know if it was loaded or not. 800 00:42:29,547 --> 00:42:31,448 He pointed it at me. 801 00:42:31,482 --> 00:42:34,680 I must have looked blank, or something. 802 00:42:34,719 --> 00:42:37,018 He said... 803 00:42:37,055 --> 00:42:40,025 "You don't believe I'd do it, do you? 804 00:42:40,058 --> 00:42:42,459 Graham didn't believe me, either." 805 00:42:46,397 --> 00:42:49,765 You can't imagine what it's like to be afraid of your own son. 806 00:42:58,910 --> 00:43:01,141 "You don't believe I'd do it," 807 00:43:01,179 --> 00:43:03,307 and "Graham didn't believe it, either." 808 00:43:03,347 --> 00:43:05,578 Do you understand what Jaime meant by that? 809 00:43:05,616 --> 00:43:08,814 Graham didn't believe Jaime would shoot him. 810 00:43:10,154 --> 00:43:12,453 Did you believe he'd shoot you? 811 00:43:13,524 --> 00:43:16,517 I did. 812 00:43:18,196 --> 00:43:20,495 Now, under the terms of your divorce settlement, 813 00:43:20,531 --> 00:43:23,330 you have been forbidden to make any mention 814 00:43:23,367 --> 00:43:25,336 of the Graham Campbell incident. 815 00:43:25,369 --> 00:43:26,667 - Is that true? - Yes. 816 00:43:26,704 --> 00:43:28,639 And yet here you are, testifying in court. 817 00:43:28,673 --> 00:43:30,369 Why is that? 818 00:43:32,376 --> 00:43:35,835 I gave up everything. I gave up custody of my son. 819 00:43:35,880 --> 00:43:39,681 And now I'm forfeiting any financial settlement by testifying. 820 00:43:39,717 --> 00:43:41,777 The only condition I put on the divorce 821 00:43:41,819 --> 00:43:44,550 was that Jaime receive therapy to help him deal 822 00:43:44,589 --> 00:43:48,026 with the shooting and his subsequent behavior. 823 00:43:48,059 --> 00:43:51,188 Obviously, that hasn't been enough. 824 00:43:51,229 --> 00:43:53,858 A second boy is dead, 825 00:43:53,898 --> 00:43:55,696 and I couldn't live with myself 826 00:43:55,733 --> 00:43:58,362 if I let that go by and did nothing about it. 827 00:44:00,071 --> 00:44:02,131 Are you aware of the consequences 828 00:44:02,173 --> 00:44:04,642 of your testifying today? 829 00:44:04,675 --> 00:44:08,669 I know that Jaime could go to Spofford Juvenile Hall. 830 00:44:09,847 --> 00:44:12,339 And after that, maybe prison. 831 00:44:14,018 --> 00:44:16,010 I just... 832 00:44:18,689 --> 00:44:22,023 Leaving him with his father just doesn't seem right now. 833 00:44:28,266 --> 00:44:31,327 Jaime never fired that gun. 834 00:44:31,369 --> 00:44:33,838 Earlier we heard testimony from the owner 835 00:44:33,871 --> 00:44:35,499 of the Greenpoint Firing Range 836 00:44:35,540 --> 00:44:38,305 that he saw you teach Jaime to shoot 837 00:44:38,342 --> 00:44:40,402 a Colt Python .357. 838 00:44:40,444 --> 00:44:43,505 Now, why would he fabricate a story like that? 839 00:44:43,548 --> 00:44:45,346 I was in the booth with my son. 840 00:44:45,383 --> 00:44:47,181 I know which gun he used. 841 00:44:47,218 --> 00:44:49,687 This is an individual who has nothing to gain 842 00:44:49,720 --> 00:44:52,690 from lying about seeing your son shoot a .357. 843 00:44:52,723 --> 00:44:56,023 Why would he concoct a very specific memory 844 00:44:56,060 --> 00:44:57,858 about a small boy firing a gun 845 00:44:57,895 --> 00:45:00,023 too big for him to shoot? 846 00:45:00,064 --> 00:45:02,260 I can't address thin motives. 847 00:45:02,300 --> 00:45:04,963 - What about your own? - Objection. 848 00:45:05,002 --> 00:45:06,834 Sustained. 849 00:45:10,441 --> 00:45:12,876 I have no further questions. 850 00:45:12,910 --> 00:45:15,141 I know my son 851 00:45:15,179 --> 00:45:17,739 would not willfully kill that boy. 852 00:45:17,782 --> 00:45:19,648 I taught him right from wrong. 853 00:45:19,684 --> 00:45:22,813 - Mr. Maser. - I am his father. 854 00:45:22,853 --> 00:45:25,152 Everything he learned, everything he is... 855 00:45:25,189 --> 00:45:26,987 Judge: Mr. Maser. 856 00:45:29,026 --> 00:45:30,927 You may step down. 857 00:45:42,373 --> 00:45:44,342 On the sole count of the indictment, 858 00:45:44,375 --> 00:45:46,173 murder in the second degree, 859 00:45:46,210 --> 00:45:48,008 how does the jury find? 860 00:45:48,045 --> 00:45:51,538 We find the defendant, Jaime Maser, guilty. 861 00:46:00,725 --> 00:46:02,660 Jaime. 862 00:46:26,684 --> 00:46:28,812 We didn't have a lot of choices. 863 00:46:28,853 --> 00:46:31,152 I'm sure Pamela Maser is turning herself 864 00:46:31,188 --> 00:46:33,487 around with that same thought. 865 00:46:33,524 --> 00:46:35,823 She's tough. 866 00:46:35,860 --> 00:46:37,658 Maybe. 867 00:46:37,695 --> 00:46:40,859 Or maybe she just gave in and did the inevitable. 868 00:46:42,033 --> 00:46:44,832 Think you could have done it? 869 00:46:44,869 --> 00:46:46,838 Give up my child? 870 00:46:46,871 --> 00:46:49,705 Not without ripping myself in half I couldn't.66827

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