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These are the user uploaded subtitles that are being translated: 1 00:00:01,334 --> 00:00:04,599 Narrator: In the criminal justice system, the people are represented 2 00:00:04,637 --> 00:00:06,798 by two separate yet equally important groups... 3 00:00:06,840 --> 00:00:08,933 the police who investigate crime, 4 00:00:08,975 --> 00:00:11,341 and the district attorneys who prosecute the offenders. 5 00:00:11,378 --> 00:00:13,573 These are their stories. 6 00:00:18,785 --> 00:00:21,151 (police radio chatter) 7 00:00:30,730 --> 00:00:32,664 Oh, great. 8 00:00:32,699 --> 00:00:35,167 Another citizen with hallucinations. 9 00:00:35,201 --> 00:00:36,998 What the hell was this guy doing 10 00:00:37,037 --> 00:00:38,664 down here in the first place? 11 00:00:38,705 --> 00:00:40,866 Probably looking for a $10 hand wax. 12 00:00:40,907 --> 00:00:42,932 - Here? - (object crashes) 13 00:00:47,047 --> 00:00:48,708 Let's go. 14 00:01:26,686 --> 00:01:29,416 - (object crashes) - Hey! Hey, hey. 15 00:01:37,197 --> 00:01:39,028 Is there anybody else in there? 16 00:01:44,204 --> 00:01:46,035 Watch 'em. 17 00:02:00,720 --> 00:02:03,188 (rats squeaking) 18 00:02:27,180 --> 00:02:28,875 Kelly! 19 00:02:28,915 --> 00:02:30,974 It's a kid. 20 00:02:32,418 --> 00:02:34,545 (theme music plays) 21 00:03:53,833 --> 00:03:56,563 (police radio chatter) 22 00:03:56,603 --> 00:03:58,503 (camera clicks) 23 00:03:58,538 --> 00:04:00,335 You got one through and through. 24 00:04:00,373 --> 00:04:01,431 .38 or heavier. 25 00:04:01,474 --> 00:04:02,941 Body's into rigor mortis, 26 00:04:02,976 --> 00:04:04,443 but the eyes are moist. 27 00:04:04,477 --> 00:04:06,104 I'd say 12 to 18 hours. 28 00:04:06,145 --> 00:04:08,807 Can't be more than 16 years old. 29 00:04:08,848 --> 00:04:10,941 Let's roll him over. 30 00:04:10,984 --> 00:04:12,884 Slow. 31 00:04:14,988 --> 00:04:16,478 Hold it. 32 00:04:20,827 --> 00:04:22,795 Student ID... 33 00:04:22,829 --> 00:04:26,162 Bishop's Academy, Robbie Fenwick. 34 00:04:27,500 --> 00:04:29,832 - 15 years old. - Detective? 35 00:04:35,341 --> 00:04:37,309 Officer: It's a.357 Magnum. 36 00:04:37,343 --> 00:04:40,312 Probably tried to chuck it in the river and came up short. 37 00:04:40,346 --> 00:04:42,314 Okay, bag it and work it up. 38 00:04:42,348 --> 00:04:44,646 We're going to hold the kids for questioning. 39 00:04:44,684 --> 00:04:46,311 You want anything from 'em now? 40 00:04:46,352 --> 00:04:47,979 - Is that them over there? - Yeah. 41 00:04:48,021 --> 00:04:50,012 Cooperative little nose-wipes. 42 00:04:53,359 --> 00:04:55,327 Which one of you is going to tell us 43 00:04:55,361 --> 00:04:57,158 about that dead boy in there? 44 00:04:57,196 --> 00:04:59,528 - Nothing to tell. - You know him? 45 00:05:01,134 --> 00:05:02,931 What are you doing around here? 46 00:05:02,969 --> 00:05:05,199 We heard there was a body. We just came to see. 47 00:05:05,238 --> 00:05:06,762 You live around here? 48 00:05:06,806 --> 00:05:08,535 - Jackson Towers. - Logan: Jackson Towers? 49 00:05:08,574 --> 00:05:11,338 You came all the way here 'cause you heard there was a body? 50 00:05:11,377 --> 00:05:12,901 Something wrong with that? 51 00:05:14,480 --> 00:05:16,778 Slug is a five with a right twist. 52 00:05:16,816 --> 00:05:18,443 It's a Wadcutter series II. 53 00:05:18,484 --> 00:05:21,453 It's a probable match to the weapon that you recovered. 54 00:05:21,487 --> 00:05:23,955 I've only seen Wadcutters used in target practice. 55 00:05:23,990 --> 00:05:27,289 Uh-huh. Weapon's a Ruger Security Six.357. 56 00:05:27,327 --> 00:05:28,794 Custom Pachmayr grip, 57 00:05:28,828 --> 00:05:30,796 modified hammer and trigger. 58 00:05:30,830 --> 00:05:32,798 This is very clean. It's not a toy. 59 00:05:32,832 --> 00:05:34,629 The owner took good care of it. 60 00:05:34,667 --> 00:05:36,635 There are no live rounds in the cylinders, 61 00:05:36,669 --> 00:05:38,796 and only the one spent casing. 62 00:05:38,838 --> 00:05:41,466 That's all it takes. You run it through the system? 63 00:05:41,507 --> 00:05:42,974 A gun so loved, 64 00:05:43,009 --> 00:05:45,341 it had to have its very own license. 65 00:05:47,847 --> 00:05:49,974 And it's lan Maser, 66 00:05:50,016 --> 00:05:52,007 557 West 77th Street. 67 00:05:53,186 --> 00:05:56,485 Do you own a Ruger Security Six.357 Magnum pistol? 68 00:05:56,522 --> 00:05:58,217 I do. 69 00:05:58,257 --> 00:06:00,657 It has been found at the scene of a homicide, 70 00:06:00,693 --> 00:06:03,093 and it's been determined that's the murder weapon. 71 00:06:03,129 --> 00:06:04,596 That can't be. 72 00:06:04,630 --> 00:06:06,894 I keep that gun locked in my bedside table. 73 00:06:06,933 --> 00:06:08,662 This it? 74 00:06:11,637 --> 00:06:13,104 Yes, it is. 75 00:06:13,139 --> 00:06:14,800 Does anyone else beside yourself 76 00:06:14,841 --> 00:06:17,935 - have access to this gun? - There's the maid. 77 00:06:17,977 --> 00:06:20,002 - Cerreta: Are you married? - Divorced. 78 00:06:20,046 --> 00:06:23,106 - Does anyone else live in the house with you? - There's my son. 79 00:06:23,149 --> 00:06:25,549 - Cerreta: Where does he go to school? - Bishop's Academy. 80 00:06:25,585 --> 00:06:29,453 But he's not there now. He's upstairs in his room. 81 00:06:29,489 --> 00:06:31,116 He's not feeling well. 82 00:06:31,157 --> 00:06:33,387 Well, look, do you mind if we have a talk with him? 83 00:06:41,501 --> 00:06:43,469 Jaime. 84 00:06:43,503 --> 00:06:45,971 (rock music playing) 85 00:06:46,005 --> 00:06:47,996 Jaime. 86 00:06:54,347 --> 00:06:56,315 Jaime... 87 00:06:56,349 --> 00:06:58,340 can we ask you a few questions? 88 00:07:02,822 --> 00:07:04,790 If you wanted to show Robbie the gun, 89 00:07:04,824 --> 00:07:06,792 why did you go to the warehouse? 90 00:07:08,661 --> 00:07:11,494 That was his idea. He wanted to shoot it. 91 00:07:12,665 --> 00:07:14,394 Then what'd you do? 92 00:07:17,503 --> 00:07:19,471 Robbie had the gun. 93 00:07:19,505 --> 00:07:21,302 He was aiming it around. 94 00:07:21,340 --> 00:07:23,638 Then I had it. 95 00:07:23,676 --> 00:07:25,371 I was holding it. 96 00:07:27,513 --> 00:07:29,447 Show us how you were holding it. 97 00:07:31,017 --> 00:07:33,417 About, you know, here. Like waist height. 98 00:07:35,855 --> 00:07:37,880 Did you have your finger on the trigger? 99 00:07:37,924 --> 00:07:39,551 I don't remember. 100 00:07:41,694 --> 00:07:43,457 Logan: Where was Robbie? 101 00:07:45,031 --> 00:07:47,829 He was standing. Like about where you are. 102 00:07:47,867 --> 00:07:50,734 - That close? - Uh-huh. 103 00:07:52,371 --> 00:07:55,169 He wanted me to give him back the gun. 104 00:07:55,208 --> 00:07:57,836 I reached over, you know, like this... 105 00:07:57,877 --> 00:07:59,572 and it went off. 106 00:07:59,612 --> 00:08:01,739 Did you do anything to see if he was alive? 107 00:08:02,982 --> 00:08:04,950 I didn't know what to do. He... 108 00:08:04,984 --> 00:08:06,952 Iooked dead. 109 00:08:06,986 --> 00:08:09,955 I freaked. I just jammed out of there. 110 00:08:11,657 --> 00:08:13,955 I didn't mean it, you know. 111 00:08:13,993 --> 00:08:16,291 I really didn't. I swear. 112 00:08:17,663 --> 00:08:19,631 It just went off. 113 00:08:19,665 --> 00:08:21,599 It just did. 114 00:08:21,634 --> 00:08:24,797 What we're really talking about here is a scared 15-year-old. 115 00:08:24,837 --> 00:08:27,965 He's not going anywhere. I don't even see why we got to charge him. 116 00:08:28,007 --> 00:08:31,238 And what do you guys suggest, sending him home with a hug and a lollipop? 117 00:08:31,277 --> 00:08:33,438 There was a shooting here. Accidental or not, 118 00:08:33,479 --> 00:08:35,276 we gotta charge this kid with something, 119 00:08:35,314 --> 00:08:37,714 - I don't care how minor. - Robinette: There's enough to support 120 00:08:37,750 --> 00:08:39,741 a charge of reckless endangerment. 121 00:08:39,785 --> 00:08:42,310 Maybe second degree, but that's even a stretch. 122 00:08:42,355 --> 00:08:43,982 Criminal possession of a weapon? 123 00:08:44,023 --> 00:08:46,150 We can always upgrade if necessary. 124 00:08:46,192 --> 00:08:48,217 (phone rings) 125 00:08:49,362 --> 00:08:50,989 Yeah. 126 00:08:51,030 --> 00:08:52,622 Mm-hmm. 127 00:08:52,665 --> 00:08:55,566 The desk has Robbie Fenwick's parents on the line. 128 00:08:57,370 --> 00:08:59,201 I'll take it outside. 129 00:09:03,643 --> 00:09:05,543 How close are you to wrapping up? 130 00:09:05,578 --> 00:09:08,775 Well, we just got the crime scene report this morning. 131 00:09:08,814 --> 00:09:11,612 We just have to walk it through. Maybe a day or so. 132 00:09:17,657 --> 00:09:20,057 Robbie is standing right about here. 133 00:09:22,662 --> 00:09:25,460 And that means Jaime's about... 134 00:09:25,498 --> 00:09:27,489 here with the gun. 135 00:09:27,533 --> 00:09:29,933 We have an entry wound in the right temple, 136 00:09:29,969 --> 00:09:31,266 going out the back left. 137 00:09:31,304 --> 00:09:34,467 Robbie turned his head away. 138 00:09:34,507 --> 00:09:36,634 We have a wound on his right hand. 139 00:09:36,676 --> 00:09:39,975 He was asking for the gun. 140 00:09:40,012 --> 00:09:41,980 Well, if he was reaching for the gun, 141 00:09:42,014 --> 00:09:44,608 that would mean he'd have to be closer to Jaime, 142 00:09:44,650 --> 00:09:46,982 and there'd be powder-burns on the right hand. 143 00:09:47,019 --> 00:09:48,646 According to this, there weren't any. 144 00:09:48,688 --> 00:09:52,488 Which means the gun has to be at least a couple of feet away. 145 00:09:52,525 --> 00:09:55,858 Yeah. All right. Let's put him about... 146 00:09:58,197 --> 00:09:59,824 here. 147 00:09:59,865 --> 00:10:02,333 All right, his hand has to be here. 148 00:10:02,368 --> 00:10:04,359 How did he get the hand hit? 149 00:10:07,873 --> 00:10:09,864 Unless he's like this. 150 00:10:12,845 --> 00:10:15,837 His hands are up here because he's trying to protect himself. 151 00:10:17,550 --> 00:10:20,610 And if Jaime was cradling the gun down here... 152 00:10:21,387 --> 00:10:24,356 he'd have gunshot residue on his shirt. 153 00:10:24,390 --> 00:10:26,381 The tests were negative. 154 00:10:29,061 --> 00:10:30,722 We'd get a higher bullet hit. 155 00:10:32,031 --> 00:10:35,000 We supposed to be surprised every time somebody lies to us? 156 00:10:35,301 --> 00:10:38,361 Cerreta: Jaime, we took what you told us 157 00:10:38,404 --> 00:10:40,702 and put it alongside the physical evidence, 158 00:10:40,740 --> 00:10:42,537 and it just doesn't match. 159 00:10:42,575 --> 00:10:44,702 For starters, you weren't standing 160 00:10:44,744 --> 00:10:47,212 next to Robbie when the gun went off, right? 161 00:10:50,416 --> 00:10:54,512 And you weren't holding the gun the way you said you were, also, right? 162 00:10:55,554 --> 00:10:58,751 Jaime, if there's something you want to tell us, this is the time. 163 00:11:00,793 --> 00:11:03,921 It's all right. You can talk to them. 164 00:11:08,534 --> 00:11:10,559 We were playing a game. 165 00:11:10,603 --> 00:11:13,071 What kind of game? 166 00:11:13,105 --> 00:11:15,005 Trust. 167 00:11:16,375 --> 00:11:18,843 See, you aim the gun at the other guy, 168 00:11:18,878 --> 00:11:20,505 like you're going to shoot him, 169 00:11:20,546 --> 00:11:23,037 until he tells you to stop. Until he gives. 170 00:11:24,216 --> 00:11:26,047 Who's idea was this game? 171 00:11:27,386 --> 00:11:28,944 I don't remember. 172 00:11:31,123 --> 00:11:33,523 All you want to do is let the other guy give. 173 00:11:33,559 --> 00:11:35,584 You don't want to hurt him. 174 00:11:35,628 --> 00:11:37,528 So what happened? 175 00:11:39,899 --> 00:11:41,890 I was aiming at Robbie. 176 00:11:44,070 --> 00:11:45,901 I was squeezing the trigger... 177 00:11:45,938 --> 00:11:47,963 real slow. 178 00:11:48,007 --> 00:11:50,737 Didn't it occur to you that this gun might go off? 179 00:11:50,776 --> 00:11:53,370 No, there was no way it was going to go off. 180 00:11:53,412 --> 00:11:56,540 I didn't cock the hammer before pulling the trigger. 181 00:11:56,582 --> 00:11:58,243 It wasn't supposed to go off. 182 00:11:58,284 --> 00:12:02,778 I mean, you have to cock the hammer first with your thumb. 183 00:12:02,822 --> 00:12:04,312 Where'd you learn that? 184 00:12:04,356 --> 00:12:07,655 That's the way we always did it. 185 00:12:08,861 --> 00:12:10,328 When we went to the range. 186 00:12:10,362 --> 00:12:13,889 I swear, there was no way it was gonna go off. 187 00:12:18,037 --> 00:12:20,005 - You ever fire one of these? - Never. 188 00:12:20,039 --> 00:12:22,303 Strictly for competition shooters. 189 00:12:22,341 --> 00:12:24,172 Oh, you have to manually cock the hammer. 190 00:12:24,210 --> 00:12:26,508 - Single action. - Right. Now the gun is ready to fire. 191 00:12:26,545 --> 00:12:28,513 You just pull the trigger, and... 192 00:12:29,715 --> 00:12:31,683 I know you've fired one of these. 193 00:12:31,717 --> 00:12:33,742 .357 double-action revolver. 194 00:12:33,786 --> 00:12:36,653 You just pull the trigger and the gun does it all for you. 195 00:12:36,689 --> 00:12:39,522 It's possible the kid made a legitimate mistake. 196 00:12:39,558 --> 00:12:42,186 Possible? Sure. 197 00:12:42,228 --> 00:12:44,355 I don't know. 198 00:12:44,396 --> 00:12:46,023 The kid takes aim. 199 00:12:46,065 --> 00:12:48,795 Squeezes the trigger slowly, like he says. 200 00:12:48,834 --> 00:12:52,326 - He's looking down the sight. - If he was trained to shoot, 201 00:12:52,371 --> 00:12:54,601 he was trained to look down the sights. 202 00:12:54,640 --> 00:12:58,736 You can't tell me he didn't notice that hammer cocking back. 203 00:13:04,450 --> 00:13:06,577 He knew that gun was going to fire. 204 00:13:17,696 --> 00:13:20,494 How long has Jaime been at Bishop Academy? 205 00:13:20,533 --> 00:13:23,331 Jaime transferred here the middle of last year. 206 00:13:23,369 --> 00:13:25,496 Late transfers are never easy. 207 00:13:25,538 --> 00:13:27,665 Jaime never seemed to make it over the hump. 208 00:13:27,706 --> 00:13:30,698 - You mean in his studies? - He's a fair student. 209 00:13:30,743 --> 00:13:33,678 The problem is, he never latched onto any peer group. 210 00:13:33,712 --> 00:13:37,170 - Not one. - Logan: Except for Robbie Fenwick. 211 00:13:37,216 --> 00:13:39,514 Robbie was a bit of an outcast. 212 00:13:39,552 --> 00:13:41,019 Not totally. 213 00:13:41,053 --> 00:13:43,351 I had hoped he'd help Jaime assimilate. 214 00:13:43,389 --> 00:13:44,913 Never happened. 215 00:13:44,957 --> 00:13:47,187 You ever talk to Jaime's father? 216 00:13:47,226 --> 00:13:49,194 Initial interview, and one other time 217 00:13:49,228 --> 00:13:51,093 to ask him about Jaime's medication. 218 00:13:51,130 --> 00:13:53,690 What kind of medication? 219 00:13:53,732 --> 00:13:56,701 His file says it's a psychiatric prescription. 220 00:13:56,735 --> 00:13:59,101 Mr. Maser downplayed the whole thing. 221 00:13:59,138 --> 00:14:04,303 - Didn't go into details. - Did he have mood swings or outbursts? 222 00:14:04,343 --> 00:14:06,937 Not that the teaching staff observed. 223 00:14:06,979 --> 00:14:10,813 But as I said, he's a very quiet young man. 224 00:14:10,850 --> 00:14:14,411 I'm not even sure how well his classmates knew him. 225 00:14:15,621 --> 00:14:17,714 I got this weird vibe from him. 226 00:14:17,756 --> 00:14:19,087 Sometimes he had this look, 227 00:14:19,124 --> 00:14:21,786 this stare. 228 00:14:21,827 --> 00:14:25,058 You just knew the gears were like mashing up in his head. 229 00:14:25,097 --> 00:14:27,258 Did he try to make friends? 230 00:14:27,299 --> 00:14:28,630 Yeah, at first. 231 00:14:28,667 --> 00:14:30,567 You know, new kid at midterm. 232 00:14:30,603 --> 00:14:33,037 But we've all been going to school together for years. 233 00:14:33,072 --> 00:14:35,597 Nobody really had time for him. 234 00:14:35,641 --> 00:14:37,836 Except for Robbie. 235 00:14:37,877 --> 00:14:39,469 That guy was twisted. 236 00:14:39,511 --> 00:14:41,843 Twisted? How? 237 00:14:41,881 --> 00:14:44,509 He was always talking about guns, 238 00:14:44,550 --> 00:14:47,644 and like, shooting, and getting high. 239 00:14:47,686 --> 00:14:50,621 Did you ever hear Jaime talk about guns? 240 00:14:50,656 --> 00:14:52,385 No, that was Robbie. 241 00:14:52,424 --> 00:14:54,858 That kid was always maxed out on war stuff. 242 00:14:54,894 --> 00:14:56,862 Like when Bush did his thing in Iraq, 243 00:14:56,896 --> 00:14:58,761 Robbie was totally into it. 244 00:14:58,797 --> 00:15:01,129 He knew every single weapon they had over there. 245 00:15:01,166 --> 00:15:02,895 We used to call him Deuce-Deuce. 246 00:15:02,935 --> 00:15:04,835 Why is that? 247 00:15:04,870 --> 00:15:08,135 Well, last year he showed up with this little.22. 248 00:15:08,173 --> 00:15:11,006 You know, I think his old man ended up taking it off him. 249 00:15:13,012 --> 00:15:15,503 Claire found it in his dresser. 250 00:15:17,016 --> 00:15:21,953 I was never able to get a straight answer as to where he got it. 251 00:15:23,355 --> 00:15:25,448 The boys spend a lot of time in here? 252 00:15:26,692 --> 00:15:29,320 Jaime had been here a few times. 253 00:15:29,361 --> 00:15:31,124 He was always polite. 254 00:15:32,698 --> 00:15:34,598 He didn't talk much. 255 00:15:36,068 --> 00:15:38,059 Robbie loved guns. 256 00:15:39,371 --> 00:15:40,998 He was fascinated with the fact that 257 00:15:41,040 --> 00:15:43,702 Jaime's father was a competition shooter. 258 00:15:45,210 --> 00:15:47,508 Neither of us know why or where it came from, 259 00:15:47,546 --> 00:15:49,673 but he just... 260 00:15:49,715 --> 00:15:51,376 he seemed... 261 00:15:52,885 --> 00:15:54,876 to feed off of it. 262 00:16:04,163 --> 00:16:06,290 The first few months, nothing... 263 00:16:06,332 --> 00:16:08,960 wouldn't talk to me about the new school. 264 00:16:09,001 --> 00:16:11,299 When he first hooked up with Robbie, 265 00:16:11,337 --> 00:16:13,635 I was happy he had made a friend. 266 00:16:13,672 --> 00:16:15,731 He has trouble making friends? 267 00:16:16,775 --> 00:16:19,300 Jaime wouldn't win any popularity contests. 268 00:16:19,345 --> 00:16:22,644 He's... self-reliant. 269 00:16:22,681 --> 00:16:25,844 Something happen to make you change your mind about Robbie? 270 00:16:25,884 --> 00:16:27,647 A few months ago Jaime came to me 271 00:16:27,686 --> 00:16:29,984 and asked me whether he and Robbie could come 272 00:16:30,022 --> 00:16:31,489 to the firing range with me. 273 00:16:31,523 --> 00:16:35,015 I got the impression it was Robbie's idea. 274 00:16:35,060 --> 00:16:38,029 So what about the medication? 275 00:16:38,063 --> 00:16:39,655 What about it? 276 00:16:39,698 --> 00:16:41,996 Cerreta: Well, can you tell us what it was for? 277 00:16:42,034 --> 00:16:44,366 When did Jaime start taking it? 278 00:16:44,403 --> 00:16:47,930 I'd be happy to, if I didn't think I'd get my butt thrown in jail. 279 00:16:47,973 --> 00:16:49,838 What? 280 00:16:49,875 --> 00:16:52,036 It's terms of my divorce. 281 00:16:53,879 --> 00:16:57,246 It's partly why Jaime's on medication. 282 00:16:57,282 --> 00:16:59,910 Would you mind telling us your ex-wife's address? 283 00:16:59,952 --> 00:17:02,648 305 West 21st Street. 284 00:17:03,822 --> 00:17:06,120 But it won't do you any good. 285 00:17:06,158 --> 00:17:08,149 She can't talk about it either. 286 00:17:10,162 --> 00:17:11,959 You know, before the Academy, 287 00:17:11,997 --> 00:17:15,125 the only gun I ever shot was a Daisy... BB gun. 288 00:17:15,167 --> 00:17:16,964 My old man used to let me shoot 289 00:17:17,002 --> 00:17:18,970 a stack of newspapers in the basement. 290 00:17:19,004 --> 00:17:21,472 Of course, one day I wing a pigeon, right? 291 00:17:21,507 --> 00:17:24,101 He flips out, throws the gun in the incinerator, 292 00:17:24,143 --> 00:17:27,806 makes me bring the damn bird to the vet in a shoe box on the bus. 293 00:17:27,846 --> 00:17:29,814 - (laughs) - To this day I hate pigeons. 294 00:17:29,848 --> 00:17:31,645 They're rats with wings. 295 00:17:31,683 --> 00:17:33,651 Well, you see, when you give a boy a gun, 296 00:17:33,685 --> 00:17:36,347 eventually he may go after bigger game than tin-can targets. 297 00:17:36,388 --> 00:17:39,323 - That was my mother's argument. - That's everybody's mother's argument. 298 00:17:39,358 --> 00:17:41,656 Either that or, "Someone's going to get their eye put out." 299 00:17:41,693 --> 00:17:43,058 "Somebody's bound to get hurt." 300 00:17:43,095 --> 00:17:46,394 I bet Jaime's mother is no different. 301 00:17:46,432 --> 00:17:48,161 I can't. 302 00:17:48,200 --> 00:17:51,829 Jaime's therapy is tied to the divorce. 303 00:17:51,870 --> 00:17:54,338 It's pretty much the reason we split. 304 00:17:54,373 --> 00:17:56,807 You got divorced because Jaime's in therapy? 305 00:17:56,842 --> 00:18:01,279 No, no. The incident that led to the therapy. 306 00:18:01,313 --> 00:18:03,304 Look, you can't push me on this. 307 00:18:03,348 --> 00:18:05,111 It's been sealed. 308 00:18:05,150 --> 00:18:09,712 Part of the negotiated settlement was that lan and I honor that seal. 309 00:18:10,823 --> 00:18:13,587 Mrs. Maser, a boy is dead. 310 00:18:13,625 --> 00:18:15,593 All of our instincts tell us 311 00:18:15,627 --> 00:18:17,788 there's something we should know here. 312 00:18:19,298 --> 00:18:22,028 Have you spoken to Jaime lately? 313 00:18:24,169 --> 00:18:26,296 It's not my time to see him. 314 00:18:26,338 --> 00:18:29,671 - Terms of the divorce. - Even under extraordinary circumstances? 315 00:18:29,708 --> 00:18:32,973 His father is very absolute about things. 316 00:18:35,180 --> 00:18:38,809 My son and I are just getting back on track, Detective. 317 00:18:38,851 --> 00:18:40,478 It's been a long time. 318 00:18:40,519 --> 00:18:43,716 He doesn't really talk to me that much. 319 00:18:45,691 --> 00:18:47,488 She said "sealed." 320 00:18:47,526 --> 00:18:50,495 That can mean only one thing... he was in some trouble. 321 00:18:50,529 --> 00:18:53,157 Wait, wait a minute. Wait a minute. 322 00:18:53,198 --> 00:18:56,065 Are you telling me the kid's juvenile record is sealed, 323 00:18:56,101 --> 00:18:58,661 and forbids them to talk about it as well? 324 00:18:58,704 --> 00:19:01,002 What the hell kind of a settlement is that? 325 00:19:01,039 --> 00:19:02,939 If whatever happened with Jaime 326 00:19:02,975 --> 00:19:04,943 was severe enough to split the family, 327 00:19:04,977 --> 00:19:08,276 an argument could be made both were in the kid's best interest. 328 00:19:08,313 --> 00:19:10,304 That is just great. Now we know there's 329 00:19:10,349 --> 00:19:12,613 something in there, and we can't look at it. 330 00:19:12,651 --> 00:19:14,778 To get a court order to open a sealed record, 331 00:19:14,820 --> 00:19:16,447 I have to show relevance. 332 00:19:16,488 --> 00:19:18,718 And I can't do that unless I know what's in the record. 333 00:19:18,757 --> 00:19:20,657 (laughs) This is a hell of a system we got. 334 00:19:20,692 --> 00:19:24,287 With a prosecutor's judge, maybe we get lucky. 335 00:19:24,329 --> 00:19:26,797 But since Jaime's a youthful offender, I doubt it. 336 00:19:26,832 --> 00:19:28,925 And then we've shown our hand. 337 00:19:28,967 --> 00:19:31,299 Fine, you know what? Screw the record. 338 00:19:31,336 --> 00:19:33,531 Somewhere some cop had to write it up. 339 00:19:33,572 --> 00:19:35,972 The Masers lived in Chelsea before the divorce. 340 00:19:36,008 --> 00:19:38,101 The report's probably still in the precinct. 341 00:19:38,143 --> 00:19:40,611 The seal applies to the official police files, 342 00:19:40,646 --> 00:19:42,580 as well as to the reports, notes and records 343 00:19:42,614 --> 00:19:44,411 of the investigating officer. 344 00:19:44,449 --> 00:19:46,144 You think it applies to what 345 00:19:46,185 --> 00:19:49,279 the officer might have to say a few years later? 346 00:19:49,321 --> 00:19:52,415 (siren wailing) 347 00:19:57,362 --> 00:19:59,353 Happened over near East River Park. 348 00:20:00,532 --> 00:20:02,830 Something I never liked about that case. 349 00:20:02,868 --> 00:20:05,336 What are two kids doing there with a gun? 350 00:20:05,370 --> 00:20:06,997 Huh? 351 00:20:07,039 --> 00:20:10,031 The only thing that's down there is junkies and squatters. 352 00:20:10,075 --> 00:20:12,805 And the other kid ends up dead. 353 00:20:12,844 --> 00:20:15,506 An accident... right. 354 00:20:15,547 --> 00:20:18,812 - An accident asking to happen is what I say. - Right. 355 00:20:18,850 --> 00:20:21,011 Did you keep your own notes on this case? 356 00:20:21,053 --> 00:20:22,350 Off the record. 357 00:20:25,057 --> 00:20:27,287 Never know when you might need 'em, right? 358 00:20:27,326 --> 00:20:29,692 It happened when Jaime was 13. 359 00:20:29,728 --> 00:20:31,195 The other kid, 360 00:20:31,230 --> 00:20:33,357 who's name was Graham Campbell, was 12. 361 00:20:33,398 --> 00:20:35,366 It was the same thing... one to the head. 362 00:20:35,400 --> 00:20:38,369 The gun was a Colt Python, registered to lan Maser. 363 00:20:38,403 --> 00:20:39,870 Ruled an accident. 364 00:20:39,905 --> 00:20:41,532 He told the detective on the scene 365 00:20:41,573 --> 00:20:44,201 he was just trying to show his friend how the gun worked. 366 00:20:44,243 --> 00:20:47,371 Jaime's 13, white, middle class, no priors. 367 00:20:47,412 --> 00:20:49,277 Cerreta: And here's the kicker. 368 00:20:49,314 --> 00:20:51,509 He said he thought you had to cock the hammer back 369 00:20:51,550 --> 00:20:53,677 by hand before you could fire the gun. 370 00:20:53,719 --> 00:20:56,187 - Same excuse he's selling now. - Worked the first time. 371 00:20:56,221 --> 00:20:58,712 - Why not stick with it, right? - Anything else? 372 00:20:58,757 --> 00:21:00,850 The two shootings were practically identical, 373 00:21:00,892 --> 00:21:03,156 right down to Maser Senior corroborating his son's claim 374 00:21:03,195 --> 00:21:06,494 - he didn't know how to work the handgun. - This time he's lying. 375 00:21:06,531 --> 00:21:08,499 We get a statement, he perjures himself. 376 00:21:08,533 --> 00:21:10,000 But it goes deeper than that. 377 00:21:10,035 --> 00:21:11,502 We got to start with the kid. 378 00:21:11,536 --> 00:21:13,663 We all know he wanted to scare Robbie Fenwick. 379 00:21:13,705 --> 00:21:15,673 We gotta prove he wanted to kill him. 380 00:21:15,707 --> 00:21:17,504 He pointed a gun at somebody before, 381 00:21:17,542 --> 00:21:19,510 he had pulled the trigger before. 382 00:21:19,544 --> 00:21:21,842 He knew the consequences. 383 00:21:21,880 --> 00:21:23,848 That's not enough to prove intent? 384 00:21:23,882 --> 00:21:25,509 It is for everybody in this room, 385 00:21:25,550 --> 00:21:28,849 but legally we may not even be able to use the first shooting. 386 00:21:28,887 --> 00:21:31,253 Robinette: You want to go down to man two? 387 00:21:33,191 --> 00:21:35,022 No, I want him at murder two. 388 00:21:35,060 --> 00:21:37,187 Depraved indifference to human life. 389 00:21:37,229 --> 00:21:40,392 - No need to prove intent. - And we try him as an adult. 390 00:21:49,408 --> 00:21:51,205 Cerreta: Jaime. 391 00:21:51,243 --> 00:21:53,541 - Come here a minute. - What? 392 00:21:53,578 --> 00:21:55,944 Come on, get in. 393 00:21:57,015 --> 00:21:59,882 - Why? What for? - We're putting you under arrest. 394 00:21:59,918 --> 00:22:02,682 What do you mean?! You guys said everything was gonna be fine. 395 00:22:04,056 --> 00:22:06,991 - Take it easy. - What are you guys doing here, anyway? 396 00:22:07,025 --> 00:22:09,960 - Just get away from me! - Logan: Do us a favor and get in the car. 397 00:22:09,995 --> 00:22:12,020 Read him his freakin' rights, will you? 398 00:22:18,203 --> 00:22:20,000 Your Honor, it's more than outrageous. 399 00:22:20,038 --> 00:22:22,598 They practically dragged the child out of the classroom. 400 00:22:22,641 --> 00:22:24,404 Spare us the hyperbole, Counselor. 401 00:22:24,443 --> 00:22:26,172 Your Honor, the People are informed 402 00:22:26,211 --> 00:22:28,441 that officers were, in fact, outside school grounds. 403 00:22:28,480 --> 00:22:31,415 - 10 feet? - Defense: Given the defendant's age, 404 00:22:31,450 --> 00:22:35,011 and the obvious strong-arm intentions of the DA's office, 405 00:22:35,053 --> 00:22:36,680 we intend to ask for removal 406 00:22:36,722 --> 00:22:38,622 of these proceedings to Family Court. 407 00:22:38,657 --> 00:22:40,420 Your Honor, the People feel that... 408 00:22:41,727 --> 00:22:44,890 I'm aware of the defendant's age, Mr. Barnett. 409 00:22:44,930 --> 00:22:47,797 You want to make the motion, feel free, 410 00:22:47,833 --> 00:22:50,028 but I see nothing here to indicate 411 00:22:50,068 --> 00:22:52,434 why he shouldn't be tried as an adult. 412 00:22:52,471 --> 00:22:55,702 Supreme Criminal to retain jurisdiction. 413 00:22:55,741 --> 00:22:58,733 Defendant remanded to the custody of his father. 414 00:23:00,078 --> 00:23:02,638 Our claim of diminished capacity 415 00:23:02,681 --> 00:23:05,650 is based on the fact that at the time of the shooting, 416 00:23:05,684 --> 00:23:08,744 Jaime was involuntarily intoxicated. 417 00:23:08,787 --> 00:23:11,085 According to this, he was legally taking 418 00:23:11,123 --> 00:23:13,489 a prescribed medication under the supervision 419 00:23:13,525 --> 00:23:15,152 of licensed psychiatrist. 420 00:23:15,193 --> 00:23:18,754 Tracon is known to have adverse reactions in certain individuals. 421 00:23:18,797 --> 00:23:21,630 We can demonstrate it affected his ability 422 00:23:21,666 --> 00:23:24,931 to appreciate the consequences of his actions. 423 00:23:24,970 --> 00:23:28,064 He had the presence of mind to lie to the investigating officers. 424 00:23:28,106 --> 00:23:30,301 He had the presence of mind to hide the fact 425 00:23:30,342 --> 00:23:32,139 that he was involved in a prior shooting. 426 00:23:32,177 --> 00:23:34,668 The prior incident is not relevant. 427 00:23:34,713 --> 00:23:37,079 And I'm sure a jury will have no trouble 428 00:23:37,115 --> 00:23:39,015 understanding that my young client 429 00:23:39,050 --> 00:23:41,018 was frightened and confused. 430 00:23:41,052 --> 00:23:44,112 He was under the influence of a powerful psychotropic drug. 431 00:23:44,156 --> 00:23:45,783 Tracon did the shooting? 432 00:23:45,824 --> 00:23:48,019 I have the precedents to back it up. 433 00:23:48,059 --> 00:23:49,856 Grundberg. Petty. 434 00:23:49,895 --> 00:23:52,523 Charges dismissed against a woman who shot her mother eight times? 435 00:23:52,564 --> 00:23:55,499 And an acquittal on a guy who stabbed his ex-wife in the heart? 436 00:23:55,534 --> 00:23:57,695 Neither case involved Tracon. 437 00:23:57,736 --> 00:23:59,533 And unlike Mr. Maser, the defendants 438 00:23:59,571 --> 00:24:01,038 did not have a previous history 439 00:24:01,072 --> 00:24:03,199 of reckless or violent behavior. 440 00:24:03,241 --> 00:24:05,300 Come on, fellas, you're blowing smoke. 441 00:24:05,343 --> 00:24:08,141 Negligent homicide, and no time. 442 00:24:08,180 --> 00:24:10,876 I'm not gonna plead this down to a slap on the wrist, Dan. 443 00:24:12,184 --> 00:24:14,652 More than happy to let a jury decide. 444 00:24:14,686 --> 00:24:16,813 Jaime. 445 00:24:16,855 --> 00:24:19,221 Have a nice day. 446 00:24:23,195 --> 00:24:25,026 Nobody's responsible anymore. 447 00:24:25,063 --> 00:24:27,463 You kill somebody, it's not your fault. 448 00:24:27,499 --> 00:24:30,229 You're addicted to sugar, or the wrong medication, 449 00:24:30,268 --> 00:24:34,227 and someone should pay you a million dollars for your suffering. 450 00:24:34,272 --> 00:24:36,570 Who's doing Jaime's evaluation? 451 00:24:36,608 --> 00:24:39,008 I'll call Olivet. 452 00:24:42,881 --> 00:24:45,042 Olivet: You ever had any blackouts? 453 00:24:47,052 --> 00:24:49,350 What about the last time things didn't turn out 454 00:24:49,387 --> 00:24:51,821 the way you wanted, how'd you handle it? 455 00:24:53,225 --> 00:24:55,022 Did you get mad, did you yell, 456 00:24:55,060 --> 00:24:57,528 did you trash your room? 457 00:24:57,562 --> 00:25:00,360 - I just got over it. - How about your dad? 458 00:25:00,398 --> 00:25:03,299 When he gets angry, does he let you know it? 459 00:25:03,335 --> 00:25:05,667 Yeah, I guess so. 460 00:25:07,506 --> 00:25:09,133 What about with Robbie? 461 00:25:09,174 --> 00:25:11,142 When you were pointing the gun at him, 462 00:25:11,176 --> 00:25:13,644 what were you feeling? 463 00:25:13,678 --> 00:25:15,646 I wasn't feeling anything. 464 00:25:15,680 --> 00:25:17,671 What do you think Robbie was feeling? 465 00:25:18,850 --> 00:25:20,818 Scared. 466 00:25:20,852 --> 00:25:23,480 He felt scared. 467 00:25:23,522 --> 00:25:25,683 And Graham Campbell? How about him? 468 00:25:27,192 --> 00:25:28,989 I don't remember. 469 00:25:29,027 --> 00:25:30,858 You remember how you felt? 470 00:25:33,331 --> 00:25:34,992 I think you do. 471 00:25:35,033 --> 00:25:36,591 You want to tell me about it? 472 00:25:38,036 --> 00:25:39,970 Nothing to tell. 473 00:25:40,005 --> 00:25:42,735 I hear you say that, but I'm seeing something different. 474 00:25:47,212 --> 00:25:49,544 Let's try something else here. 475 00:25:51,383 --> 00:25:52,611 Okay. 476 00:25:52,651 --> 00:25:54,676 I want you to make up a story based 477 00:25:54,719 --> 00:25:56,949 on the pictures I'm going to show you. 478 00:25:56,988 --> 00:25:59,013 You tell me who the characters are, 479 00:25:59,057 --> 00:26:02,993 what they're thinking, what led up to the scene in the picture. Okay? 480 00:26:06,498 --> 00:26:08,796 What's happening in this picture, Jaime? 481 00:26:10,001 --> 00:26:12,367 - I don't know. - Yes, you do. 482 00:26:16,675 --> 00:26:19,143 He's trying to learn the violin. 483 00:26:19,177 --> 00:26:21,168 What else? 484 00:26:21,212 --> 00:26:23,612 He's pretty lame with it. 485 00:26:23,648 --> 00:26:26,617 What about the look on his face? 486 00:26:26,651 --> 00:26:28,346 What about it? 487 00:26:28,386 --> 00:26:30,149 Do you think he'll pick it up? 488 00:26:30,188 --> 00:26:31,815 Do you think he'll try it? 489 00:26:31,856 --> 00:26:33,949 - I don't know. - Do you think he wants to? 490 00:26:35,527 --> 00:26:38,087 - I think he's got to. - Why is that? 491 00:26:38,129 --> 00:26:40,154 Because if he doesn't, his old man 492 00:26:40,198 --> 00:26:42,996 is probably going to beat the crap out of him. 493 00:26:43,034 --> 00:26:44,797 Probably serves him right. 494 00:26:44,836 --> 00:26:46,633 Why does it serve him right? 495 00:26:46,671 --> 00:26:48,764 Well, he's got to learn it, right? 496 00:26:48,807 --> 00:26:50,206 I don't know. Does he? 497 00:26:50,241 --> 00:26:53,836 - What's the point, otherwise? - Olivet: Of what? 498 00:26:53,878 --> 00:26:57,370 Of taking the stupid lessons, if he's not gonna learn how to play it?! 499 00:26:58,550 --> 00:27:01,018 I'd say he's a psychologically abused kid 500 00:27:01,052 --> 00:27:03,111 with an incredibly exacting father. 501 00:27:03,154 --> 00:27:06,248 Confirms what Cerreta and Logan picked up from the mother. 502 00:27:06,291 --> 00:27:08,054 Abused kids follow one of two tracks. 503 00:27:08,093 --> 00:27:09,958 They either identify with the victim, 504 00:27:09,995 --> 00:27:12,793 and place themselves in situations where they'll be victimized, 505 00:27:12,831 --> 00:27:14,628 or they identify with the aggressor... 506 00:27:14,666 --> 00:27:17,965 internalize his qualities, his power, his strength. 507 00:27:18,003 --> 00:27:20,164 Stone: And he became the aggressor. 508 00:27:20,205 --> 00:27:22,765 And what effect did Tracon have on his behavior? 509 00:27:22,807 --> 00:27:25,275 It's an anti-anxiety drug. 510 00:27:25,310 --> 00:27:28,302 It can affect mood, memory, any number of variables. 511 00:27:28,346 --> 00:27:30,405 But my opinion is that Jaime's behavior 512 00:27:30,448 --> 00:27:32,712 predates administration of the drug. 513 00:27:32,751 --> 00:27:35,618 Jaime exhibits repetition compulsion, 514 00:27:35,654 --> 00:27:38,452 a need to act out his subconscious conflict. 515 00:27:38,490 --> 00:27:40,287 He wants to feel powerful. 516 00:27:40,325 --> 00:27:42,122 He enjoys the fear he creates. 517 00:27:42,160 --> 00:27:45,129 That's what this game with the Fenwick kid was all about. 518 00:27:45,163 --> 00:27:47,131 And drug or no drug, he'll play it again 519 00:27:47,165 --> 00:27:49,133 the first chance he gets. 520 00:27:49,167 --> 00:27:51,135 The first shooting when he was 13, 521 00:27:51,169 --> 00:27:53,137 that was part of the game, as well? 522 00:27:53,171 --> 00:27:55,571 Olivet: He became pretty agitated when I brought it up. 523 00:27:55,607 --> 00:27:58,701 He was probably traumatized by the incident. 524 00:27:58,743 --> 00:28:00,768 But not enough to stay away from guns. 525 00:28:02,647 --> 00:28:05,275 Best thing you can do is plea it out, 526 00:28:05,316 --> 00:28:08,945 make residential psychiatric care a condition. 527 00:28:08,987 --> 00:28:11,114 Stone: Six months of daycare? 528 00:28:11,156 --> 00:28:13,124 He had two years of therapy, Adam. 529 00:28:13,158 --> 00:28:16,787 He knows what happens when you pull a trigger. And he didn't care. 530 00:28:16,828 --> 00:28:19,626 You cannot make the case without entering 531 00:28:19,664 --> 00:28:21,791 the first shooting in evidence. 532 00:28:21,833 --> 00:28:23,357 No judge will allow it. 533 00:28:23,401 --> 00:28:25,130 You got a sealed record there. 534 00:28:25,170 --> 00:28:26,899 You got a juvenile who's the offender. 535 00:28:26,938 --> 00:28:30,635 Any jury would convict this boy 536 00:28:30,675 --> 00:28:34,167 on the second shooting solely on the evidence from the first. 537 00:28:34,212 --> 00:28:36,146 Jaime said he mistakenly shot 538 00:28:36,181 --> 00:28:37,978 Robbie Fenwick because he didn't know 539 00:28:38,016 --> 00:28:39,779 the difference between a double-action 540 00:28:39,818 --> 00:28:41,718 and a single-action handgun. 541 00:28:41,753 --> 00:28:45,018 The Graham Campbell shooting demonstrates he'd learned that lesson two years ago 542 00:28:45,056 --> 00:28:47,024 when he claimed to have made the same mistake. 543 00:28:50,195 --> 00:28:52,254 Take a run at Judge Markman. 544 00:28:53,865 --> 00:28:56,834 Jaime Maser shooting Graham Campbell at age 13 545 00:28:56,868 --> 00:28:59,496 had to have been the single most important 546 00:28:59,537 --> 00:29:01,630 incident in the boy's life to date. 547 00:29:01,673 --> 00:29:04,164 If that act is not admitted, it allows Jaime 548 00:29:04,209 --> 00:29:07,610 a defense claim that's clearly fraudulent. 549 00:29:07,645 --> 00:29:10,205 Your Honor, it's irrelevant. 550 00:29:10,248 --> 00:29:13,615 Our defense isn't based on a claim of mistake. 551 00:29:13,651 --> 00:29:16,449 Robinette: Maybe not now, but he did make the statements. 552 00:29:16,488 --> 00:29:18,456 The investigating officers will testify 553 00:29:18,490 --> 00:29:20,617 Jaime told them he was confused on the gun. 554 00:29:20,658 --> 00:29:24,321 The prior shooting should be admitted to show that statement to be a lie. 555 00:29:24,362 --> 00:29:27,160 Under a technical application of Molineux, you're right. 556 00:29:27,198 --> 00:29:29,291 But I have to take into account the impact 557 00:29:29,334 --> 00:29:31,063 the knowledge of this prior shooting 558 00:29:31,102 --> 00:29:33,798 will have on the jury, as I'm sure you did. 559 00:29:33,838 --> 00:29:36,966 In my opinion, it's so inflammatory, so prejudicial, 560 00:29:37,008 --> 00:29:40,000 it will outweigh its value as evidence. 561 00:29:41,746 --> 00:29:44,476 So I can't allow it to be introduced. 562 00:29:53,024 --> 00:29:55,322 Jaime: Everything was in slow motion. 563 00:29:55,360 --> 00:29:57,328 It was weird. 564 00:29:57,362 --> 00:30:02,823 I felt like I was standing outside my body... 565 00:30:02,867 --> 00:30:04,994 and watching. 566 00:30:05,036 --> 00:30:08,164 I could see me and Robbie... 567 00:30:08,206 --> 00:30:11,369 like in a movie. 568 00:30:13,044 --> 00:30:15,706 And I wanted to see how far the trigger would go. 569 00:30:18,550 --> 00:30:20,541 I wanted to see what Robbie would do. 570 00:30:23,388 --> 00:30:25,185 Did he say anything to you? 571 00:30:26,724 --> 00:30:28,385 I don't... I don't know. 572 00:30:29,894 --> 00:30:32,362 It was like it was in a bubble. 573 00:30:32,397 --> 00:30:34,388 I couldn't hear. 574 00:30:36,568 --> 00:30:39,503 I just kept pulling the trigger, 575 00:30:39,537 --> 00:30:41,698 and there was this flash. 576 00:30:43,107 --> 00:30:44,904 And the gun went off? 577 00:30:45,910 --> 00:30:47,571 I don't remember. 578 00:30:51,082 --> 00:30:53,414 There was Robbie, just laying there... 579 00:30:54,752 --> 00:30:56,117 bleeding. 580 00:30:56,154 --> 00:30:58,884 It was like the movie was still going on. 581 00:30:58,923 --> 00:31:01,255 I couldn't feel. 582 00:31:03,194 --> 00:31:05,924 I heard this roaring sound in my ears. 583 00:31:08,032 --> 00:31:10,592 I just couldn't stop watching. 584 00:31:18,042 --> 00:31:20,476 No further questions. 585 00:31:20,511 --> 00:31:22,445 Mr. Stone. 586 00:31:22,480 --> 00:31:24,345 No questions at this time, Your Honor. 587 00:31:24,382 --> 00:31:26,577 Subject to recall. 588 00:31:28,486 --> 00:31:30,181 Since its introduction, 589 00:31:30,221 --> 00:31:32,121 Tracon has had a favorable success rate. 590 00:31:32,156 --> 00:31:35,353 But it has also generated 10 times more 591 00:31:35,393 --> 00:31:38,157 adverse reaction reports than similar drugs. 592 00:31:38,196 --> 00:31:40,426 What kind of adverse reactions, Doctor? 593 00:31:40,465 --> 00:31:44,367 Nervous system disturbances. 594 00:31:44,402 --> 00:31:46,666 Rebound anxiety, amnesia, 595 00:31:46,704 --> 00:31:49,298 hostility, delusions. 596 00:31:49,340 --> 00:31:52,275 It's my opinion Tracon can ignite repressed anger. 597 00:31:52,310 --> 00:31:54,039 Can you offer an opinion 598 00:31:54,078 --> 00:31:55,875 about his emotional state 599 00:31:55,914 --> 00:31:57,404 at the time of the shooting? 600 00:31:57,448 --> 00:32:01,612 Based on his behavior since being prescribed Tracon, 601 00:32:01,653 --> 00:32:03,621 it's my opinion Jaime was suffering 602 00:32:03,655 --> 00:32:05,680 from Tracon intoxication syndrome. 603 00:32:05,723 --> 00:32:08,954 Thank you, Doctor. No further questions. 604 00:32:11,362 --> 00:32:15,958 Doctor, could you describe dissociative phenomena? 605 00:32:17,535 --> 00:32:20,163 It's a feeling of standing outside oneself, 606 00:32:20,204 --> 00:32:23,332 of being a witness to something happening to you. 607 00:32:23,374 --> 00:32:25,842 Stone: That sounds very similar to a symptom 608 00:32:25,877 --> 00:32:28,675 - of Tracon intoxication. - Yes. 609 00:32:28,713 --> 00:32:30,510 And isn't it true that victims 610 00:32:30,548 --> 00:32:33,108 of sexual or psychological abuse also suffer 611 00:32:33,151 --> 00:32:34,618 from dissociative phenomena? 612 00:32:34,652 --> 00:32:37,177 Yes, that's true. 613 00:32:37,221 --> 00:32:40,850 Have you ever heard of repetition compulsion? 614 00:32:40,892 --> 00:32:43,383 - Yes. - Would you describe it? 615 00:32:43,428 --> 00:32:46,864 It's the need to repeatedly act out an inner conflict. 616 00:32:46,898 --> 00:32:49,059 Stone: An inner conflict that may stem 617 00:32:49,100 --> 00:32:51,864 from psychological abuse? 618 00:32:51,903 --> 00:32:53,871 Yes, possibly, but... 619 00:32:53,905 --> 00:32:56,874 And a subject may be feeding off a surrogate figure's fear... 620 00:32:56,908 --> 00:32:59,206 a fear that would encourage him to re-enact 621 00:32:59,243 --> 00:33:01,803 a situation he found pleasing once before? 622 00:33:01,846 --> 00:33:04,713 Your Honor, prosecution's questions 623 00:33:04,749 --> 00:33:06,808 seem designed to elicit information 624 00:33:06,851 --> 00:33:09,183 that is not admissible here. 625 00:33:09,220 --> 00:33:11,484 Watch your step, Mr. Stone. 626 00:33:11,522 --> 00:33:13,422 No further questions, Your Honor. 627 00:33:15,526 --> 00:33:19,018 How old were you when you first learned to shoot a handgun? 628 00:33:20,698 --> 00:33:22,325 I was 11. 629 00:33:22,367 --> 00:33:23,994 My father taught me how to shoot 630 00:33:24,035 --> 00:33:25,866 his target pistol. 631 00:33:29,707 --> 00:33:32,005 Is this your father's target pistol? 632 00:33:32,043 --> 00:33:33,806 Jaime: Yeah. 633 00:33:35,046 --> 00:33:37,378 How do you fire it? Just pull the trigger? 634 00:33:38,549 --> 00:33:41,211 No, you have to cock the hammer first. 635 00:33:41,252 --> 00:33:42,947 Would you show me? 636 00:33:42,987 --> 00:33:44,750 Your Honor, objection. 637 00:33:45,890 --> 00:33:47,289 Overruled. 638 00:33:48,393 --> 00:33:50,054 Go on, Jaime. 639 00:33:52,897 --> 00:33:54,364 Okay... 640 00:33:54,399 --> 00:33:57,027 you cock the hammer first with your thumb, 641 00:33:57,068 --> 00:33:59,764 and then just pull the trigger. 642 00:34:05,009 --> 00:34:07,136 Is that different from this gun... 643 00:34:07,178 --> 00:34:09,146 the one you shot Robbie with? 644 00:34:09,180 --> 00:34:11,740 - Yeah. - How's it different? 645 00:34:11,783 --> 00:34:14,479 That one you don't have to cock the hammer first. 646 00:34:14,519 --> 00:34:17,579 - You just pull the trigger. - And how would you hold it? 647 00:34:21,192 --> 00:34:23,319 Who taught you to hold a gun like that? 648 00:34:23,361 --> 00:34:25,192 My dad. 649 00:34:26,864 --> 00:34:30,061 So how did it feel pointing a gun at your friend? 650 00:34:30,101 --> 00:34:31,762 - It was a game. - Oh, it was fun, right? 651 00:34:31,803 --> 00:34:34,101 - It was just a game. - So, it was a game 652 00:34:34,138 --> 00:34:36,106 pointing a gun at your friend. 653 00:34:36,140 --> 00:34:38,665 Was squeezing the trigger part of the game? 654 00:34:38,709 --> 00:34:41,576 - Yeah. - Would you show me? 655 00:34:41,612 --> 00:34:43,512 Um... 656 00:34:43,548 --> 00:34:45,516 Please? 657 00:34:46,918 --> 00:34:49,352 You testified you pulled the trigger very slowly, 658 00:34:49,387 --> 00:34:51,685 and the hammer came back, just like that, right? 659 00:34:51,722 --> 00:34:53,519 - Did you see it moving? - I don't remember. 660 00:34:53,558 --> 00:34:55,685 - Robbie see it moving? He say anything? - I don't know. 661 00:34:55,726 --> 00:34:58,627 - Did he say anything at all? - No. 662 00:34:58,663 --> 00:35:02,599 So you went ahead and pulled the trigger like you're doing now, right? 663 00:35:02,633 --> 00:35:04,430 - Yeah. - You held it on him the whole time? 664 00:35:04,469 --> 00:35:07,802 - Yeah. - And how did you feel? Was that exciting? 665 00:35:07,839 --> 00:35:09,966 - I don't know? - And how did Robbie feel? 666 00:35:10,007 --> 00:35:12,237 - Was he afraid? - I don't know... (trigger clicks) 667 00:35:17,348 --> 00:35:18,975 It went... this isn't fair. 668 00:35:19,016 --> 00:35:20,813 It wasn't... it was just a game. 669 00:35:20,852 --> 00:35:23,582 It wasn't like this. We didn't know. 670 00:35:26,357 --> 00:35:28,018 It's my medicine. 671 00:35:28,059 --> 00:35:29,549 Move to strike, Your Honor. 672 00:35:29,594 --> 00:35:31,152 It makes me confused! 673 00:35:31,195 --> 00:35:33,095 Judge: The jury will disregard. 674 00:35:50,548 --> 00:35:52,015 Madam Foreman, 675 00:35:52,049 --> 00:35:54,210 has the jury reached a unanimous decision? 676 00:35:54,252 --> 00:35:56,015 Yes, we have, Your Honor. 677 00:35:56,053 --> 00:35:57,714 How do you find? 678 00:35:57,755 --> 00:35:59,746 Foreman: On the sole count of the indictment, 679 00:35:59,790 --> 00:36:01,655 murder in the second degree, 680 00:36:01,692 --> 00:36:04,126 we find the defendant, Jaime Maser, 681 00:36:04,162 --> 00:36:07,928 not guilty by reason of mental defect. 682 00:36:07,965 --> 00:36:09,592 (gavel crashes) 683 00:36:13,838 --> 00:36:15,396 Good boy. 684 00:36:15,439 --> 00:36:18,567 Good job. Thank you. 685 00:36:26,184 --> 00:36:28,812 Pull everything you can on the first shooting. 686 00:36:28,853 --> 00:36:30,480 Get the records unsealed. 687 00:36:30,521 --> 00:36:32,489 I want to reopen the investigation. 688 00:36:32,523 --> 00:36:33,956 It's a two-year-old case, Ben. 689 00:36:33,991 --> 00:36:36,516 There's no statute of limitations on murder. 690 00:36:41,699 --> 00:36:43,326 Adam, you heard the report. 691 00:36:43,367 --> 00:36:45,335 - The kid lives on fear. - Fine. 692 00:36:45,369 --> 00:36:47,337 No one in this office walks on water. 693 00:36:47,371 --> 00:36:49,339 Convicting him on the first shooting 694 00:36:49,373 --> 00:36:51,341 will be twice as hard as this last one. 695 00:36:51,375 --> 00:36:54,674 A two-year-old case, less evidence to work with, 696 00:36:54,712 --> 00:36:57,180 and you can't use the fact that it matches up 697 00:36:57,215 --> 00:36:59,342 to the Fenwick shooting, because that shooting 698 00:36:59,383 --> 00:37:03,615 - has not even taken place. - I'm open for suggestions. 699 00:37:05,990 --> 00:37:07,958 - Nothing out of the parents? - No. 700 00:37:07,992 --> 00:37:10,119 They're bound by the gag order on the divorce. 701 00:37:10,161 --> 00:37:12,686 We know the father lied about Jaime's knowledge of guns. 702 00:37:13,998 --> 00:37:17,229 Two boys dead. Not an ounce of guilt. 703 00:37:17,268 --> 00:37:19,463 - We'll find something. - Find something? 704 00:37:19,503 --> 00:37:23,837 - With the case sealed? - Cerreta and Logan have notes from the first detective. 705 00:37:23,874 --> 00:37:26,638 You better get walked through it, then. 706 00:37:28,512 --> 00:37:30,980 Cerreta: Graham Campbell was found right here. 707 00:37:31,015 --> 00:37:32,983 The position of the body indicates 708 00:37:33,017 --> 00:37:35,144 that he was kneeling when he was shot. 709 00:37:35,186 --> 00:37:37,654 Jaime must've been somewhere about right here. 710 00:37:37,688 --> 00:37:39,315 There weren't any powder-burns 711 00:37:39,357 --> 00:37:42,190 - on Graham's body either. - But that was discounted. 712 00:37:42,226 --> 00:37:45,161 Gullikson said it rained the day they found the body. 713 00:37:45,196 --> 00:37:48,165 But assuming there was no residue to begin with... 714 00:37:48,199 --> 00:37:50,167 That would put Jaime far enough away 715 00:37:50,201 --> 00:37:53,659 from Campbell to make an accident very unlikely. 716 00:37:53,704 --> 00:37:56,502 Same game, same excuse. 717 00:37:56,540 --> 00:37:58,337 One shot to the head, 718 00:37:58,376 --> 00:38:00,503 both times fired from six feet away. 719 00:38:00,544 --> 00:38:02,637 Any takers on coincidence? 720 00:38:05,983 --> 00:38:09,942 You taught Jaime how to fire a single-action handgun when he was 12? 721 00:38:09,987 --> 00:38:12,285 Maser: Yes, at a firing range. 722 00:38:12,323 --> 00:38:14,154 And the double-action handgun he used 723 00:38:14,191 --> 00:38:15,783 in the shooting two years ago, 724 00:38:15,826 --> 00:38:18,294 - didn't you teach him how to shoot that, too? - No. 725 00:38:18,329 --> 00:38:22,766 I told you before, I only wanted him interested in target shooting. 726 00:38:22,800 --> 00:38:25,633 Come on, you guys. What is this, net fishing? 727 00:38:25,670 --> 00:38:28,298 It's about your client lying to protect his son. 728 00:38:28,339 --> 00:38:30,136 We know he lied about Jaime's knowledge 729 00:38:30,174 --> 00:38:32,142 of handguns in the Fenwick shooting. 730 00:38:32,176 --> 00:38:34,144 It is not unreasonable to assume he told 731 00:38:34,178 --> 00:38:36,840 the same lie two years earlier in the Campbell shooting. 732 00:38:36,881 --> 00:38:39,372 - And? - It's a perjury, Mr. Maser. 733 00:38:39,417 --> 00:38:41,647 Class "E" felony. Carries some time. 734 00:38:41,686 --> 00:38:44,154 I don't respond to threats. 735 00:38:44,188 --> 00:38:45,985 Two boys are dead. 736 00:38:46,023 --> 00:38:47,991 Boys just as important as your son. 737 00:38:48,025 --> 00:38:49,822 And I hold you greatly responsible, 738 00:38:49,860 --> 00:38:52,226 if not legally, ethically, for both those deaths. 739 00:38:52,263 --> 00:38:55,721 That's one of the great things about this country. 740 00:38:57,201 --> 00:38:59,431 You can believe anything you want. 741 00:39:07,144 --> 00:39:09,112 It's going to take more than an E felony 742 00:39:09,146 --> 00:39:10,943 to leverage anything out of him. 743 00:39:10,981 --> 00:39:13,779 Find out where he did his shooting two years ago. 744 00:39:13,818 --> 00:39:17,015 And see if you can get us in to see Pamela Maser and her lawyer. 745 00:39:26,497 --> 00:39:29,933 Here he is. Lan Maser was a member until two years ago. 746 00:39:29,967 --> 00:39:32,299 I think he moved. 747 00:39:32,336 --> 00:39:35,897 His credit card receipts show he'd been coming here for six years. 748 00:39:35,940 --> 00:39:37,874 Mm-hmm. His kid was a member, too. 749 00:39:37,908 --> 00:39:39,899 You give memberships to kids? 750 00:39:39,944 --> 00:39:42,071 It's a promotional kind of thing. 751 00:39:42,113 --> 00:39:44,638 Kids like having their own membership cards. 752 00:39:44,682 --> 00:39:47,947 They can't shoot unless their parents are around, anyway. 753 00:39:47,985 --> 00:39:49,543 Maser bring his son in here often? 754 00:39:49,587 --> 00:39:51,919 I don't recall how often. 755 00:39:51,956 --> 00:39:54,982 Maser kept a target pistol here. That was his thing. 756 00:39:55,025 --> 00:39:57,585 I remember him teaching the kid how to do it. 757 00:39:57,628 --> 00:40:00,654 I used to hear him holler at him all the time. 758 00:40:00,698 --> 00:40:02,188 Maser ever fire any other guns? 759 00:40:03,868 --> 00:40:07,827 I see where he started buying.357 ammo before he moved. 760 00:40:07,872 --> 00:40:09,339 Wadcutters. 761 00:40:09,373 --> 00:40:10,840 Oh, yeah. 762 00:40:10,875 --> 00:40:13,002 Then he got himself a Colt Python. 763 00:40:13,043 --> 00:40:15,011 That was pretty funny for a while. 764 00:40:15,045 --> 00:40:17,138 - What was? - Colt's a big gun. 765 00:40:17,181 --> 00:40:21,174 Seeing that young kid trying to keep a bead on the target. 766 00:40:23,554 --> 00:40:26,421 I don't know. I never had anything to do with the guns. 767 00:40:26,457 --> 00:40:29,085 That was between lan and Jaime. 768 00:40:29,126 --> 00:40:30,593 Jaime never talked to you about it? 769 00:40:30,628 --> 00:40:32,687 He told me if he'd done well, 770 00:40:32,730 --> 00:40:34,527 if he'd pleased his father. 771 00:40:34,565 --> 00:40:36,192 But specifically, no. 772 00:40:36,233 --> 00:40:38,497 And your husband never talked about it? 773 00:40:38,536 --> 00:40:40,868 The guns were male business. 774 00:40:40,905 --> 00:40:44,033 Lan assumed I wouldn't understand, which wasn't true, 775 00:40:44,074 --> 00:40:48,204 or that I didn't want to know, which was true. 776 00:40:48,245 --> 00:40:50,611 Stone: Your husband and you separated not long after 777 00:40:50,648 --> 00:40:53,208 the first shooting incident, is that correct? 778 00:40:53,250 --> 00:40:55,775 Is that because of the guns? 779 00:41:00,090 --> 00:41:01,717 Or the shooting? 780 00:41:03,527 --> 00:41:06,155 Or the way your husband treats Jaime? 781 00:41:06,197 --> 00:41:07,994 Shaky ground, Mr. Stone. 782 00:41:08,032 --> 00:41:09,897 You know that information is sealed. 783 00:41:09,934 --> 00:41:12,164 What I know, sealed or not, 784 00:41:12,203 --> 00:41:14,171 is that two boys are dead, 785 00:41:14,205 --> 00:41:16,173 and your son may or may not have been 786 00:41:16,207 --> 00:41:19,699 irreparably damaged by his relationship with his father. 787 00:41:22,713 --> 00:41:24,340 I think you know, as well as I do, 788 00:41:24,381 --> 00:41:26,008 that no matter what the settlement 789 00:41:26,050 --> 00:41:30,453 or the financial support, it can't be anywhere near worth it. 790 00:41:39,063 --> 00:41:41,531 Pamela: Lan wasn't an easy man to live with. 791 00:41:41,565 --> 00:41:44,363 Things were his way or no way. 792 00:41:44,401 --> 00:41:46,369 And if they weren't his way, 793 00:41:46,403 --> 00:41:48,268 Jaime or I paid for it. 794 00:41:50,074 --> 00:41:52,065 After Graham Campbell was shot, 795 00:41:52,109 --> 00:41:55,340 things got way out of hand. 796 00:41:55,379 --> 00:41:57,847 Out of hand? 797 00:41:57,882 --> 00:42:00,715 Anything would set lan off. Anything. 798 00:42:01,852 --> 00:42:03,581 Jaime was out of control. 799 00:42:03,621 --> 00:42:07,113 Lan and I separated, and Jaime came to live with me. 800 00:42:07,157 --> 00:42:09,318 He started taking things out on me, too. 801 00:42:09,360 --> 00:42:11,055 He started acting like his father. 802 00:42:11,095 --> 00:42:12,756 In what way? 803 00:42:12,796 --> 00:42:14,889 He threatened me. 804 00:42:14,932 --> 00:42:16,797 With what? 805 00:42:16,834 --> 00:42:18,893 A gun. 806 00:42:20,337 --> 00:42:23,170 Stone: And did you keep a gun in the apartment? 807 00:42:24,542 --> 00:42:27,136 No, it was one of lan's. 808 00:42:27,177 --> 00:42:29,509 I don't know if it was loaded or not. 809 00:42:29,547 --> 00:42:31,447 He pointed it at me. 810 00:42:31,482 --> 00:42:34,679 I must have looked blank, or something. 811 00:42:34,718 --> 00:42:37,016 He said... 812 00:42:37,054 --> 00:42:40,023 "You don't believe I'd do it, do you? 813 00:42:40,057 --> 00:42:42,457 Graham didn't believe me, either." 814 00:42:46,397 --> 00:42:49,764 You can't imagine what it's like to be afraid of your own son. 815 00:42:58,909 --> 00:43:01,139 "You don't believe I'd do it," 816 00:43:01,178 --> 00:43:03,305 and "Graham didn't believe it, either." 817 00:43:03,347 --> 00:43:05,577 Do you understand what Jaime meant by that? 818 00:43:05,616 --> 00:43:08,813 Graham didn't believe Jaime would shoot him. 819 00:43:10,154 --> 00:43:12,452 Did you believe he'd shoot you? 820 00:43:13,524 --> 00:43:16,516 I did. 821 00:43:18,195 --> 00:43:20,493 Now, under the terms of your divorce settlement, 822 00:43:20,531 --> 00:43:23,329 you have been forbidden to make any mention 823 00:43:23,367 --> 00:43:25,335 of the Graham Campbell incident. 824 00:43:25,369 --> 00:43:26,666 - Is that true? - Yes. 825 00:43:26,704 --> 00:43:28,638 And yet here you are, testifying in court. 826 00:43:28,672 --> 00:43:30,367 Why is that? 827 00:43:32,376 --> 00:43:35,834 I gave up everything. I gave up custody of my son. 828 00:43:35,879 --> 00:43:39,679 And now I'm forfeiting any financial settlement by testifying. 829 00:43:39,717 --> 00:43:41,776 The only condition I put on the divorce 830 00:43:41,819 --> 00:43:44,549 was that Jaime receive therapy to help him deal 831 00:43:44,588 --> 00:43:48,024 with the shooting and his subsequent behavior. 832 00:43:48,058 --> 00:43:51,186 Obviously, that hasn't been enough. 833 00:43:51,228 --> 00:43:53,856 A second boy is dead, 834 00:43:53,897 --> 00:43:55,694 and I couldn't live with myself 835 00:43:55,733 --> 00:43:58,361 if I let that go by and did nothing about it. 836 00:44:00,070 --> 00:44:02,129 Are you aware of the consequences 837 00:44:02,172 --> 00:44:04,640 of your testifying today? 838 00:44:04,675 --> 00:44:08,668 I know that Jaime could go to Spofford Juvenile Hall. 839 00:44:09,847 --> 00:44:12,338 And after that, maybe prison. 840 00:44:14,018 --> 00:44:16,009 I just... 841 00:44:16,053 --> 00:44:18,647 (sobs) 842 00:44:18,689 --> 00:44:22,022 Leaving him with his father just doesn't seem right now. 843 00:44:28,265 --> 00:44:31,325 Jaime never fired that gun. 844 00:44:31,368 --> 00:44:33,836 Earlier we heard testimony from the owner 845 00:44:33,871 --> 00:44:35,498 of the Greenpoint Firing Range 846 00:44:35,539 --> 00:44:38,303 that he saw you teach Jaime to shoot 847 00:44:38,342 --> 00:44:40,401 a Colt Python.357. 848 00:44:40,444 --> 00:44:43,504 Now, why would he fabricate a story like that? 849 00:44:43,547 --> 00:44:45,344 I was in the booth with my son. 850 00:44:45,382 --> 00:44:47,179 I know which gun he used. 851 00:44:47,217 --> 00:44:49,685 This is an individual who has nothing to gain 852 00:44:49,720 --> 00:44:52,689 from lying about seeing your son shoot a.357. 853 00:44:52,723 --> 00:44:56,022 Why would he concoct a very specific memory 854 00:44:56,060 --> 00:44:57,857 about a small boy firing a gun 855 00:44:57,895 --> 00:45:00,022 too big for him to shoot? 856 00:45:00,064 --> 00:45:02,259 I can't address thin motives. 857 00:45:02,299 --> 00:45:04,961 - What about your own? - Objection. 858 00:45:05,002 --> 00:45:06,833 Sustained. 859 00:45:10,441 --> 00:45:12,875 I have no further questions. 860 00:45:12,910 --> 00:45:15,140 I know my son 861 00:45:15,179 --> 00:45:17,739 would not willfully kill that boy. 862 00:45:17,781 --> 00:45:19,646 I taught him right from wrong. 863 00:45:19,683 --> 00:45:22,811 - Mr. Maser. - I am his father. 864 00:45:22,853 --> 00:45:25,151 Everything he learned, everything he is... 865 00:45:25,189 --> 00:45:26,986 Judge: Mr. Maser. 866 00:45:29,026 --> 00:45:30,926 You may step down. 867 00:45:42,372 --> 00:45:44,340 On the sole count of the indictment, 868 00:45:44,374 --> 00:45:46,171 murder in the second degree, 869 00:45:46,210 --> 00:45:48,007 how does the jury find? 870 00:45:48,045 --> 00:45:51,537 We find the defendant, Jaime Maser, guilty. 871 00:46:00,724 --> 00:46:02,658 Jaime. 872 00:46:26,683 --> 00:46:28,810 We didn't have a lot of choices. 873 00:46:28,852 --> 00:46:31,150 I'm sure Pamela Maser is turning herself 874 00:46:31,188 --> 00:46:33,486 around with that same thought. 875 00:46:33,524 --> 00:46:35,822 She's tough. 876 00:46:35,859 --> 00:46:37,656 Maybe. 877 00:46:37,694 --> 00:46:40,857 Or maybe she just gave in and did the inevitable. 878 00:46:42,032 --> 00:46:44,830 Think you could have done it? 879 00:46:44,868 --> 00:46:46,836 Give up my child? 880 00:46:46,870 --> 00:46:49,703 Not without ripping myself in half I couldn't. 881 00:46:57,347 --> 00:46:59,508 (theme music plays) 882 00:46:59,558 --> 00:47:04,108 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 67034

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