All language subtitles for Law & Order s04e09 Born Bad.eng

(male narrator)
In the criminal justice system...

the people are represented
by two separate yet equally important groups:

the police
who investigate crime...

and the district attorneys
who prosecute the offenders.

These are their stories.

[siren blaring]

[people chattering]

I've been a bad boy.

Hey, guys. Midnight House.
A good place to stay, a meal. Check it out.

Hola, Lola.

Como esta?

Fun to say, no?

How about taking
a night off?

No nights off for me,
honey.

I'll see you at
soup kitchen tomorrow.

Yeah, yeah. Go away, Padre.
You're bad for business.

Here you go. Father Jack.
I'm at Midnight House. Drop on by anytime.

Guys. Father Jack,
Midnight House Shelter. Get you off the street tonight.

We got a soup kitchen
tomorrow. Come on by.

Hey,
Midnight House Shelter.

You come down.
Come on by?

[horn honking]

Thanks, man.

Hey, you too, kid.

Hey, would you get a cop?

For God's sakes,
the kid's dying. Get a cop, now.

[police radio chattering]

(Malone)
I'm out here every night. I know a lot of them.

What about this one?

Greyhound pulls in
every 10 minutes. There's always a new face.

Running from worse than this,
if you can imagine.

You got any kids
we can talk to? Maybe they've seen him around.

Well, the regulars
pass up the bed, but they come by tomorrow for food.

They don't pass up
a free meal.

All right.
Can you stick around, Father?

Thank you.

(Briscoe)
Looks like he had a rough night, doesn't it?

(Gibbons)
Kid was beaten to a pulp.

Broken ribs,
massive internal bleeding.

My guess, somebody's
pretty handy with his feet.

Johnny Doe.
No wallet, no lD.

[siren wailing]

Gets off the bus
from Plattsburgh, and it's welcome to the Big Apple.

No, no, he's not
an import. He's a local.

Look, student bus pass.

Working his way
through school.

When I was a kid
and wanted extra lunch money, I delivered groceries.

Hey, tips wouldn't buy
what he had on his feet.

Air Max. $130 a pair.

They still don't make you
run fast enough.

I just said,
I don't know him.

I ain't seen him.

I ain't even heard of him,
all right?

Well, why don't you start
by looking at the picture, okay?

Man, I don't know him.

Look, we don't catch this guy,
next time this could be you, honey.

My tricks like little girls.
Little boys, that's a whole other kind of freak.

Give me a break,
would you?

'Cause, you know, the Father
here tells me you're on the corner every night.

Now a good-looking new kid
on the block, I think you're gonna notice him.

Only if he's flashing jack
and wants a date with me.

Other than that,
I'm strictly for the girls.

Sorry you got
your hopes up.

I tell the young dudes "never
work solo." It's just not safe.

Mr. Brown rolls in
from the suburbs, all buttoned down.

Once he gets your little butt
in the saddle, he cuts loose.

This is what happens.

This kid get your warning?

I don't know him from Eve,
and, baby, Lewis knows everybody.

I'll tell you this, though.
Looks like he was in the rough trade.

Specialty acts
need management, huh?

Got that right.

So you got a name for me,
Lewis?

Honey, if they're
cruising for a bruising, they work for Mr. Clyde.

Sounds like you got
his beeper number.

Not this child. Pain pays,
but see where it gets you.

(Roach)
Thank heaven for little boys

Check it out,
check it out.

Check it out, Manhole.
Check it out, man. No.

Manhole,
check it out, sir. Man....

No cover charge
for the men in blue.

We're not here for the show.
You know a Mr. Clyde?

He's the man,
right there.

Check it out. Manhole.
Hey, sir, don't be shy. Come on in.

[music playing]

[man whistling]

Kid's not old enough
to be in here.

I'm not old enough
to be in here.

Hey.
We're looking for Clyde.

Mike,
don't touch anything.

Hey, I'm all paid up
at the precinct.

I'm not laughing,
Clyde.

What do you want
from me?

I run a legitimate business
for patrons of the dance.

Any of your patrons
dance on this kid's face?

Oh, shucks.
The party got out of hand.

Let me know
where to send flowers.

Hey, clown...

just for laughs,
we're gonna lock you up for child prostitution.

And you won't last
five minutes.

They'll be sending
flowers to you, cowboy.

Hey, I deal only
with consenting adults.

What, do you check
their driver's license?

Matter of fact, yeah.
You know different?

Take a nice,
long look.

No. I never seen him. I told
you before, I don't handle that end of the business.

It ain't worth
the trouble.

Yeah, well, I think you better
come along with us, while we check your references.

I'd put the kid
at about 13, 14.

Time to worry about pimples
and Debby from next door.

He had more
pressing concerns.

Cracked ribs,
punctured lung, ruptured spleen.

He was hemorrhaging
from almost every organ.

How long could he
walk around like that?

Slow rate of seepage?

A couple of hours.

Priest said he found him
a little after 11:00.

Beating at 9:00,
film at 11:00.

Listen, we think the kid
might have been working the street.

Really? Doing what,
selling newspapers?

Saw no evidence
of sexual activity.

No fluids,
no tearing of tissue.

What about his wounds?
Anything kinky?

Just your normal
blunt-force wounds.

Then I guess we have to
let the choreographer go.

Somebody on the street
had to know that kid.

(Chong)
I doubt he was sleeping in any alley.

How many runaways do you know
eat string beans?

Kid had a full belly.

Meat, potatoes,
string beans, milk.

When I was his age,
the only place I ever saw string beans was at home.

What about
the Father's soup kitchen?

No, we checked the menu.
They had soup and sandwiches three days running.

He lives at home.
His parents should have called 911 by now.

Missing Persons
doesn't have anyone matching this description.

(Briscoe)
We sent photos to every precinct...

you know, in case the parents
happened to walk in.

No hits.

It's been 48 hours.
I'm sure they would have noticed he's missing.

Unless they're the reason
he's lying on a slab.

I mean, if they were
smacking him around...

maybe they didn't care
where he crawled off to die.

You said the kid had
a school bus pass.

No name on it.

My kids' passes are good
only on the lines that take them to school.

What was his,
the Lower East Side? Yeah.

Start with the junior highs.

Look, I'm telling you,
the faces, they go right by.

Well, maybe if you checked
your attendance records for the past two days.

You're making a joke,
right?

You name the day,
at least 20% of my students are absent.

Look, lady, this one
isn't coming back.

Now look at him. Two nights
ago, we found him dead on the sidewalk.

We'd like to
give him a name.

I'm sorry.

We have over
2,000 students.

Maybe one of the homeroom
teachers will recognize him.

[bell ringing]

So long,
Mrs. Chips.

If this kid had trouble
at home, I bet he was trouble at school.

Maybe in line for a little
individual attention, huh?

They used to send me
to the guidance counselor.

John Lasky.

One of my regulars.

Not exactly
the teacher's pet, huh?

John got an A in energy.

Non-stop motion.

Mouth like
the Grand Canyon.

Got him in trouble
on a daily basis.

Off the record,
the kid cracked me up.

Where'd he get
his chuckles after class?

I think he lived
in the Alphabets...

with his mother and
her boyfriend. I might still have the address.

Might?

You don't hear from a kid
for a couple of days, you gonna throw out his records?

Forty kids in a class
is about all we can handle.

Johnny was
transferred...

at the end of
last year.

Hey, what can l
tell you?

The bitch moved out.

I don't know, two,
three months ago.

And you're still carrying
the torch, huh?

Tori was a piece,
you know?

But the brat, forget about it.
I had a theory about him.

What's going on,
Zack?

(Zack)
We got company, what does it look like?

Hey, Delia, you want
to cover your butt, or what?

I gotta go pee.

So, you were saying,
about your theory?

Half the reason she got
strung out was 'cause of him.

Kid couldn't sit still.
Drive you nuts.

So the kid drove you nuts,
and you gave both of them the boot, huh, Zack?

Hey, I gotta go out of town
with the band, come back, find her out of her head?

How long do l
gotta put up with that?

Yeah.
So everybody's partying...

and Johnny's gonna
take care of Johnny?

What do I look like,
the Partridge family?

When they hit the road,
where did they go?

If I knew that, I wouldn't be
stuck with her bills.

If you had to guess--
I don't know.

Maybe...

I heard she
was back in rehab.

Daybreak Village,
out on the lsland.

I didn't have nothing
in the world, but Johnny.

Nothing.

Those bastards....

They kidnapped him.
Who did?

Child Welfare.
They ripped him out of my arms and put him in foster care.

Maybe they were afraid
you'd stick a needle in his arm by mistake.

I would never....

I would never hurt him.
Not in a million....

[sobbing]

I'm here 'cause of him.

They wouldn't give him back,
unless I got clean.

You know where
he was living?

No, why would they tell me?
I'm only the mother.

I might steal him
or something.

They said I was
too dangerous.

And look what they
did to him.

[sobbing]

First day on the job,
they dumped Johnny Lasky on my desk...

along with 28 other members
of the Oliver Twist club.

He told me I was his
sixth caseworker in 10 years.

Just what every kid needs,
consistency.

They tell me
a couple more years, I'll be ready to quit, too.

These kids
can tear your heart in half.

Looks like the damage
goes both ways.

He tested positive
for heroin at birth.

Johnny never had a chance.

Well, putting him on
the foster care merry-go-round didn't improve the odds.

Just because she has
the right plumbing didn't make Tori Lasky fit to be a mother.

Yeah, we had the pleasure
of meeting her.

Two months ago, Johnny
showed up for class every shade of purple.

Don't tell me, the boyfriend
used him for a drum solo.

Poor kid was
too scared to say.

Anyway,
Johnny went into foster care, and Tori went into rehab.

You know the rest.
Not quite.

We'd like to see
the foster parents.

Sure.

We put him in with
Flo Bishop.

He lucked out.
She's terrific.

She knew Johnny
was a hard case...

but she didn't mind.

Yeah. She also didn't mind
him being missing for three days.

Thanks.

I take good care
of my boys.

I never even let them
go out alone.

And if one of them forgets
to come home, you don't report him?

I was sure
he would be back.

Look, I report him, they
transfer him to a group home...

that's no better
than a prison.

Well, it's better than
a morgue, don't you think?

I had no way of knowing.

I try to provide for these
boys some kind of stability.

I thought Johnny
was making real progress.

He went to a 6:00 show
at the movies.

He went with
two of the other boys, Chris and Andy.

On the way home, they
turn around and he's gone.

Would they have any idea
where he went?

No. They just said
he took off.

I could guess. I mean, usually
when the boys run away...

they go back
to their parents.

Hoping Mom and Dad
get their act together.

And then in a day or two,
they come back to me.

And they never
run away again.

(Chris)
Two hours of watching Van Damme makes you hungry.

So around 8:00,
you stopped for food, right?

Yeah, we did.
But Johnny....

We go to get a slice on
Dyckman and he's beamed up, like some UFO grabbed him.

How about it, Andy?
He say anything to you before he left?

Nothing.

He just booked...

Iike Chris said.

Maybe he got homesick.

I don't know.
No, the way Johnny told it...

home was
what made you sick.

That guy his mom
shacked up with...

a real jerk.

Enough of a jerk
to hit Johnny?

What else is new?

I never laid a hand on him.

Never.

Then what, two months ago
he fell in the bathtub?

It was between me and Tori.

He got in the way.

(Logan)
Yeah, and he walked right into your fists.

(Briscoe)
It's Friday night, Zack...

you must've been really
ticked off when the kid showed up, huh?

(Zack)
I told you, I wasn't there.

I was doing a gig in Jersey.

Don't get us wrong.
We understand.

The little brat...

he got in the way of the scene
with his mom.

Hey, you guys are nuts.

I ain't saying anything
till I get a lawyer.

His alibi checks,
if you squint.

The club manager in Bayonne
said the band hit the stage at 11:00.

He can't remember
what time Zack showed up.

[sighs]

Look, we're not ready
to cut him loose.

This creep
could have beat the kid and made the show.

You said
he had a girlfriend?

Yeah, just this side
of jailbait. She's a waitress downtown.

Check her timecard
for last Friday.

I stayed home Friday night.
I was sick.

Stomach flu.

Did Zack stick around
to make you chicken soup?

I don't need his help
to puke my guts out.

He left around 8:00.

Why don't you just ask him?

You say he left around 8:00.
He didn't get to club till about 11:00.

It doesn't take three hours
to get to Bayonne.

So maybe he stopped
to tune his guitar.

Delia, if you're lying
to protect him, that makes you an accomplice to murder.

You mean that kid?

Are you out of your mind?

What about these bruises
on your arm?

Are those hallucinations,
too?

Does he always talk
with his fist?

Johnny Lasky was
at the apartment last Friday, wasn't he?

Yeah.

I didn't tell Zack,
'cause he'd just get mad.

So he didn't know?

About an hour
after he left...

I heard someone at the door,
like they were trying to get a key in a lock.

And I heard
kids whispering.

Could you tell how many
there were? I don't know, a couple.

I guess they must've heard me,
'cause I saw the one kid, Johnny, running away.

You'd seen him before?

Yeah.

Hey, you know,
about four weeks ago...

someone ripped off
some of our equipment.

No breaking,
just entering.

Zack figured
it was his ex.

We changed
the locks.

No one ever thought
about the kid.

Now, if she's telling
the truth, it means the angels with dirty faces aren't.

Thieves who lie,
color me shocked.

Yeah. No, go ahead.

[horns honking]

Uh-huh.

Anything else?

All right, thanks.

Johnny's little
foster brother, Chris Pollit...

did time at Spofford.

Now, his records
are sealed...

but he had some months
added on for bad behavior.

So let's go
rattle their cages.

(Briscoe)
Come on, Chris...

we know you weren't
eating pizza on Dyckman Street that night.

You were
at the other end of town, with your friend Johnny.

Wasn't me.
We got a witness who puts you with him.

Maybe Johnny was hanging out
with his Lower East Side homeboys.

Hey, Kreskin...

how did you know
he was on the Lower East Side?

You said.
Nobody said.

Well, somebody did,
'cause I heard it.

[Briscoe sighs]

It's getting tough
keeping all the lies straight, isn't it?

Look, kid, we don't care about
your little burglary, okay?

And we don't care that you
went back for seconds.

All we're interested in is
what happened after you left Zack's apartment.

Yo, Brylcreem, why don't you
and Captain America go blow it out your butt?

[sighs]

(Van Buren)
I can tell when my son's lying.

You're pretty good at it.

I'll bet you put a lot over
on your mom, huh?

She's passed out
most times.

How about Mrs. Bishop?

She easy to fool?

You know, it says on your
sheet you stayed with her...

four times
in the past six years. She must know you pretty well.

Anybody thirsty?

Andy here was telling me
how much he likes staying at Mrs. Bishop's.

Oh, yeah?

That's too bad...

'cause his friend Chris
just finished telling us that Mrs. Bishop...

fenced the sound equipment
that him and his buddy Johnny stole.

Really?
Yeah. You sure?

Yeah, seems Johnny
was gonna rat on them...

and the old lady
had him killed.

Murder...

trafficking in stolen goods...

delinquency of minors.

That's pretty serious stuff.

He's lying.

She don't have
nothing to do with it.

He's the one.

Better get the foster mother
down here.

And someone
from the D.A.'s office.

(Logan)
Okay, from the beginning, Andy.

Johnny thought that if he
could get up some money...

him and his mother
could afford an apartment.

And the first time in Zack's
apartment, you were with him?

He still had his old key.
It was easy.

But the second time,
you ran into problems.

It was a bad idea.

But Johnny...

he needed the money...

and there wasn't any left
from the first score.

What, did he have
holes in his pockets?

(Andy)
It was Chris.

He was supposed to
fence the stuff.

Instead, he spent it...

on clothes, and boots...

shades, junk like that.

So what happened
Friday night?

Well...

we heard someone inside,
and we took off.

Then Chris blamed Johnny...

and they started to fight.

Chris went nuts.
I mean, I never seen him like this before...

and kicked
the hell out of him.

He had this look
in his eyes...

Iike he wasn't even there.

Then after we left...

he was shaking all over.

He was in his own zone.

Even I was afraid
to look at him.

And, I mean, my dad used to
beat me all the time...

but I've never seen
anything like that.

Look...

I'm the first to admit
this kid is no Andy Hardy...

but if he's tried as
a juvenile, at least there's a hope of rehabilitation.

He brutally murdered
his friend, Helen...

and you want me to send him
to his bed without dinner?

The state tried that once.
It didn't work.

If he's over 14 years of age,
the presumption is he's tried as an adult.

And we both know that that
presumption is rebuttable.

I'm just asking
for compassion, Ben.

He's a kid,
for God's sake.

So was John Lasky.

I'll see you at the hearing.

By the way, it's been assigned
to Judge Kershan.

Judge Kershan?

She spent
at least six years...

as Chairman of the Bar
Association Committee on Children's Rights.

It's not easy to get a case
remanded to Family Court.

The burden's still
on the defense.

Well, the burden just got
a lot lighter for them.

So we better find out
all there is to know about young Mr. Pollit.

You actually expect me to help
you send Chris to jail?

He murdered John.
I can't imagine you wanting to protect him.

Maybe it's time
somebody did.

I'd like to protect him
from his mother...

who rented the boy out
by the hour to some pervert...

when hooking didn't bring in
enough money to pay her rent.

And how about those
doctors at Bellevue...

that doped the boy up on
Thorazine for over a year?

And those three
foster families, lovely people, they were.

Took him in
and used the stipend for big TV screens...

and trips to Aruba,
while the boy had barely enough to eat.

So you don't think
he should be punished?

I think he's been
punished enough.

I lived with him.

I had dinner with him.

I got the boy ready
for school.

I don't know what snapped...

but I do know that's not
all there is to Chris.

What can you tell me
about his year at Spofford?

Miss Kincaid...

I have a toaster.
It breaks, I don't toss it into the trash can.

I call the repair man.

I'm not suggesting--
Oh, I know...

you only have
his best interests in mind.

But if Chris Pollit goes
to Attica, you and I both know he's not coming out.

The judge
sealed the records.

Why should l
tell you anything?

So he stepped in it bad.

Should I be surprised?

Maybe not. Your son did spend
a year in Spofford.

A year?

I guess they're right.
Parents are the last to know.

If you haven't noticed,
Chris is not my problem anymore.

Was he ever?

What do you think, just 'cause
I didn't go to Miss Porter's I didn't love my kid?

Well, the state found it
necessary to take him away from you.

I left him alone
for a couple of hours a day.

Some pervert downstairs
gets ahold of him, that's my fault?

Where's his father?

Jack's in lovely downtown
Attica for another 5-to-15.

Look, maybe l
screwed up with Chris.

What did I know about kids?
I was a kid myself.

And now you
know better.

I got as much right to be
a mother as anyone else.

And what right does
your kid have?

You got an education.
You got a job. This is all I got.

Nobody's taking this baby
away from me.

When I was 14 years old,
I had a fight...

with Joe Dworkin.
I pushed him.

He retaliated by throwing
my Spaldine down the sewer.

Kids killing kids.

You bounce around the system
long enough, you grow up a lot quicker.

Meaning what?

If his mother's
any indication, he never had a chance.

And the system
only made the problem worse.

He had four years
with Florence Bishop.

She's the best
the system has to offer. It didn't make any difference.

And for all we know,
this may be his first violent offense.

Well, why does our
Mr. Pollit deserve two bites at the apple?

Because he's not even
15 years old.

Okay, find a way
to open the kid's file.

If his first offense
was non-violent...

Iet Helen Brolin do
her song and dance in Family Court.

I thought your job was putting
the bad guys in jail.

I just want to make sure
he goes to the right jail.

From what I've read,
Chris Pollit should be riding the ferry on the river Styx.

Seems you're getting a little
soft in your old age, Claire.

Seems you're getting a little
callous in yours.

Hey, I'm a lawyer,
not a social worker.

I represent the little
buggers. Doesn't mean I have to like them.

Tell me about
youthful offender hearings.

Sure. That's where we
dress them up in their Sunday best...

clean their fingernails...

and teach them
to cry a lot while saying:

"l didn't do it, and I swear
I won't do it again."

Can we introduce priors?

An often overlooked
statute requires...

that the judge consider
all relevant factors...

even if they're
not admissible at trial.

Even if the records
are sealed?

Anything goes, as long as it
bears on the little angel's history and or character.

And the best part, none of it
can later be used at trial.

Not even a confession.

You're awful cynical
for a children's rights attorney.

I'm just being pragmatic.

"The child is
father of the man."

I gotta live in this city
when these kids grow up.

Johnny and I always got along
pretty good before. I mean...

we never got into a fight,
or anything like that.

(Brolin)
In your own words, Chris...

tell us what you remember
about your fight with John Lasky.

He started getting down
on Mom.

You know, he called her
a whore, stuff like that.

Did you tell him to stop?

Yeah, me and Andy both,
but he just wouldn't let it go.

So what
happened then?

I don't remember.

You don't remember
the fight at all?

I remember crying
on the subway back to Miss Bishop's.

(Brolin)
And how do you feel about that now, Chris?

I wish it didn't happen.

I mean, I don't want to
hurt nobody.

Young man,
who is Brian North?

Objection. Irrelevant.

You know better than that,
Counselor.

Answer the question, son.

He's a kid I used to know.

Didn't he cut in line in front
of you at Spofford...

and you smashed him
right in the face...

with your tray?

He pushed me.

But didn't you kick him...

and keep kicking him
until he was unconscious?

Your Honor, when he's
in a normal environment...

he's had no violent episodes.

Mr. Pollit...

why were you
placed in Spofford in the first place?

I was with a bunch of guys.
We robbed a deli.

And you were armed,
right?

Isn't that true?

Mr. Pollit, isn't that true?

Yes.

Your Honor, there was
no money in the store...

and Mr. Pollit got mad...

and he shot the owner
with a.22.

This case
must be special.

Judge Kershan removes
nine out of ten cases to Family Court.

Three violent episodes
that we know of so far.

She had no choice
but to try him as an adult.

[knocking on door]

Wait until
you see this.

Brolin's notice
of her intent...

to plead Chris not guilty
by reason of mental defect.

He testified that he knew
what he did was wrong.

He expressed remorse.

She'll never get out of
the gate with an insanity defense.

Well, she's not claiming
he's insane.

She's claiming
he's not responsible...

because he's
genetically predisposed to violent behavior.

Most of his blood relations
are incarcerated for violent crimes.

The sins of the father
are visited upon the son?

That is not
a defense for murder.

Well, you say it's nurture,
Brolin says it's nature.

And what's our plan?

We have a conference tomorrow
in chambers to see what Judge Kershan says.

Ever since Mendel,
at the turn of the century...

scientists have seen a direct
relation between genetics and human behavior.

And most of those
scientists...

goose-stepped their way
through the streets of Berlin in the l940s.

Very dramatic image, Ben,
but unfortunately, misinformed.

Researchers in our own
back yard have identified the XYY chromosome male...

as being predisposed
to criminal behavior.

Are you saying this kid has
an extra Y chromosome?

Verified by
the Tyler-Hampton Clinic.

He also has blonde hair
and brown eyes.

Should we allow that
as a defense for murder, as well?

If there's a relation between
that and aggressive anti-social behavior, yes.

(Stone)
There is no proof that the XYY male...

is predisposed to any kind of
behavior, Your Honor.

Frye v. U.S.

Scientific evidence
is only admissible...

when it is generally accepted
by the scientific community.

Well, show me one scientist
who doesn't accept the laws of genetics.

The Frye case says nothing
about the conclusions drawn from those laws.

Richard Speck?

Didn't he try this
XYY chromosome defense?

And the judge threw it out,
Your Honor.

Yes, that's because
Speck didn't have the extra Y chromosome.

No court that we know of
has ever accepted this defense.

Your Honor, we can fill
the courtroom with experts who'll say this is nonsense.

And we'll see
if the jury believes them.

What is next, Helen,
the astrological defense?

Jupiter aligned with Mars,
so I had to rob a bank?

If it gets my client
the justice he deserves, why not?

You don't think people
are responsible for their actions?

Sure. I read
Sartre in college.

I also read Freud.

Chris Pollit's life
was determined for him before he hit the age of six.

Maybe. But not before
he was born. Look, Ben...

I present even the smallest
slice of Chris's home life...

the jury starts bawling.

So what does that get me?
Maybe a Man One conviction.

I start hitting them with
genes and chromosomes, I got a shot at an acquittal.

And that's what's best
for Chris? No.

What's best is transferring
this to Family Court.

Helen, you had
the opportunity for that. You didn't meet the burden.

Yeah, well, it's a lot easier
to confuse a jury, than it is to convince a judge.

This is dumb.
Humor me, Chris.

What would you do?

I'd tell the teacher
she was stupid.

Why is she stupid?

Because the other kid
was cheating off me, I wasn't cheating off him.

But the teacher said
she saw you.

I told you, she's stupid.

Does that make you angry?

If I got in trouble, sure.

And what would
you do?

Beat the hell
out of the kid.

You think you'd try
to kill him?

I get mad,
I don't know what I'd do.

You think that's what happened
with John Lasky?

I liked Johnny. I mean...

he sort of cracked me up.

It's not like I wanted
to kill him or anything.

He just got me mad.

There's no question he knows
what he did was wrong.

He's aware
of the consequences. He feels remorse.

So he's not
legally insane?

The problem is,
when sufficiently provoked, he loses control.

Liz, you don't think
there's any validity...

to this XYY chromosome
theory?

Current thinking
among geneticists...

is that the extra Y chromosome
causes a slight increase in height.

There's no evidence of
any causal connection to criminal behavior.

So all he's really got
is a homicidal temper, right?

There's a lot we don't know
about the brain.

Liz, keep this out of
the shadows.

Is he responsible
for what he did?

With all the scientific data
available at this time...

yes.

There were hematomas on his
arms, legs, chest, back, and face.

Three ribs were fractured.

Vertebrae displaced
in the spinal column.

The actual cause of death
was internal hemorrhaging.

Doctor, could you
determine if the victim was unconscious...

during the beating?

From the amount of cranial
bleeding and bruising...

I would say that, no...

he had to be conscious
at the time.

So then it is possible
that John Lasky was screaming...

while he was being
savagely beaten?

Any objections, Ms. Brolin?
No, Your Honor.

Well, I can't imagine that
anyone could sustain such a beating...

and not cry out in pain.

Thank you.

Was the victim
already on the sidewalk...

when the severest part
of the beating occurred?

From the pattern of
the bruising, it would appear he had to be prostrate, yes.

So there he was,
Johnny Lasky...

13 years old,
lying on the sidewalk...

screaming in pain,
and what did the defendant do?

He kept on kicking.

Would you characterize this
beating as savage, Doctor?

Yes.

Inhuman?

Yes.

Like someone
not in control was doing it? Objection.

Sustained.

The defendant was definitely
cognizant of the difference between right and wrong.

But more importantly...

he's able to analyze
his own behavior in terms of societal norms.

Did Mr. Pollit tell you
that he heard voices...

telling him...

to kill John Lasky?

No.
He's not schizophrenic.

Doctor,
please tell the court...

what you know...

about the XYY male syndrome.

It arose in the '60s.

Geneticists tried to correlate
the existence of an extra Y chromosome in men...

to aggressive,
antisocial behavior.

And what became
of this theory?

To date, there's no proof that
there's any validity to it.

Thank you.

Doctor, isn't it true
that some psychiatrists believe...

that depression
is passed on genetically?

Well, it is commonly found
to occur in families.

And what about schizophrenia?
Yes.

So why would it be
so unbelievable...

that we may pass on
criminal behavior to our children?

Because there's
no scientific evidence...

that criminal behavior
is anything but learned.

All the data supporting
the XYY male syndrome...

was dismissed in the '70s...

because the pools from which
the samples were taken...

were not sufficiently random
to form cohesive scientific conclusions.

So what you're saying is...

that there was a problem
with the methodology, not the theory.

(Vine)
Our lab ran karyotype tests on the defendant...

and there's no question that
he has a second Y chromosome.

And has your lab studied
the effects of this chromosomal anomaly?

Certainly, and it definitely
appears to occur...

to a higher degree in members
of the prison population than in the general public.

And what does that indicate,
Doctor?

The extra Y chromosome
relates to criminal behavior.

So, Doctor,
if this behavior is genetic...

would you also say
that it was uncontrollable?

No more controllable
than your height.

Thank you, Doctor.

Doctor,
as I understand it...

you have found...

in the general population
at large...

people like you and l,
who have this...

extra Y chromosome, correct?
Yes.

Are they leading
productive lives?

I couldn't say.

Well, then let me rephrase
the question, okay?

In your files, is there
evidence that they exhibit...

aggressive, homicidal...

sociopathic behavior?

I suppose not.

So then isn't it true...

that your testing hasn't even
come close to proving...

that this
chromosomal anomaly...

has any effect on behavior?

My study is
not yet completed.

You should have told
the court that...

when you arrived.
Objection!

Withdrawn.

Head of the local chapter
of the White America Caucus...

has taken up
Brolin's cause.

Letter to the editor:

"It's a known fact...

"that genetics
is the cause of violence...

"and feeble-mindedness
in the black man."

Do you think educated people
actually buy this XYY chromosome theory?

Well, no one
wants to think...

that their society
produces monsters...

Iike Ted Bundy,
Jeffrey Dahmer, or Chris Pollit.

Brolin paints
a bad enough picture...

the jury convinces itself
the kid can't be normal.

The defense has added Chris's
mother to their witness list.

Oh, great.

Now we'll hear stories about
the poor baby torturing puppies during nap time.

From the day he was born,
we knew Chris was...

different.

Please go on,
Mrs. Pollit.

He never cried.

We thought maybe he was deaf
or dumb. We didn't know.

When he was four,
I took one of his toys away.

He went crazy and
came at me with a knife.

(Brolin)
Where is Chris' father now?

He's in Attica.

And why is he
in prison?

Jack attacked
the mailman with a hammer.

And is he the only
family member in prison?

Jack's brother,
Chris' uncle...

is serving life for murder.

Thank you, Mrs. Pollit.

Mrs. Pollit...

did you try to discipline
Chris at all?

Jack hit him
all the time.

It didn't help.

So you just gave up
on him?

I used to think
it was my fault...

but I didn't know about
this gene stuff.

The gene stuff, right?

Do you believe it?

Do you believe that
Chris inherited...

his criminal behavior,
and, as such, he's totally incapable...

of changing?

Well, there's nothing
I could do about it.

But if there was, you would do
something about it?

Sure.

How many months pregnant
are you, Mrs. Pollit?

Five.

Has it ever occurred to you
that you might be carrying a killer?

What, do you think
I want another one like him?

I don't know, Mrs. Pollit.
But if he is like Chris...

what are you
going to do about it?

I'm not going to kill my baby,
if that's what you're saying.

You haven't thought this
through at all, have you?

What do you mean?

If this theory is true...

and your infant
is like Chris...

aren't we going to have
to lock him up right away...

and sterilize him
so he won't reproduce?

Because if he is
genetically criminal...

he can't stop.

Or why don't we just avoid
the whole bloody mess...

and kill him right now?
(Judge Kershan) Enough, Counselor.

No further questions.

[customers chattering]

Thanks.

For me, it's always
cold fried chicken before a summation.

Summation's
next week.

Change of plans.

I ran out of witnesses.

I'd have bet the ranch
that you'd put Chris on the stand.

Yeah, I would. But my client
thinks otherwise.

Yeah, well, maybe your client
is smarter than both of us.

You know, the way
I see it, I've got jurors...

two, five and seven.
You've got...

six, four, eleven.
The rest are up for grabs.

Brolin, you know what they say
about counting your chickens.

Listen, Ben...

give me Man Two.

He stays at Spofford till he
hits his 18th birthday...

and the rest he spends
at a facility of your choice.

Helen, what's going on?

If you have three jurors
in your pocket, it's a sure mistrial.

I advised him
against it, but...

Chris wants a sit down.

Okay.

Tomorrow, my office, 9:00.

You want a drink?

Yeah.

I just want you
to understand, Chris...

I don't think this is
in your best interests.

Don't worry,
you're off the hook.

I spoke to your attorney
last night, Chris...

and a plea at this point
in the trial is unacceptable.

I don't think you
get what I'm looking for.

I heard everything that
went on in the courtroom, and l....

I just....

I just want it over with.

Chris, this is a mistake.
Why?

I mean, you go on and on about
how my genes are screwed up.

And nobody can ever fix that,
can they?

I'm just trying to get
the jury on our side.

What, are you lying?

I'm just trying to present
a valid argument for your defense.

I mean,
I killed him, didn't l?

And I tried to kill that
guy in the deli and that kid at Spofford.

I'm screwed up.

Chris, what are you
trying to tell us?

I want to go to jail.

(Kincaid)
You might spend the rest of your life there, Chris.

So what? I'm a freak.

You can't force
the other side to play.

You put a check
in the win column, and you count your blessings.

In any other circumstances,
that's exactly what I'd do.

Well, why does
this kid deserve such special attention?

Because he's pleading
for the wrong reason.

His lawyer tells him
that he's born bad. We say he's raised bad.

He buys both stories,
sees his life as a dead end.

Well, maybe he
knows his life better than you do.

Your job is to convict,
not to rehabilitate.

He's a 14-year-old kid
who gave up.

So you're doing him
a favor.

If he gave up
his illusions, right...

but he gave up hope,
and I drove him to that.

Now anything might happen
to that kid in prison.

Gary Gilmore,
Wesley Dodd:

two unrepentant killers.

Everybody wants them dead
until they agree...

and then we turn them
into folk heroes.

I had nothing to do
with their fates.

You want them to start
naming churches after you...

I'd get
another profession.

Take the kid's plea,
move on to the next case.

Murder Two,
he serves the maximum.

Am I reading this right,
Miss Brolin?

It's what my client wants,
Your Honor.

Do you understand the charges
to which you're pleading guilty, Mr. Pollit?

Yes.

Please describe,
in your own words...

what occurred on the night
of September the 10th, of this year.

I had a fight
with Johnny.

I hit him and I kicked him
until he was dead.

(Judge Kershan)
Why did you kill him?

(Chris)
You think I know?

I get mad, I can't stop.

The result
of a plea bargain...

usually is a reduced sentence.

Doesn't anybody listen?

I killed him.

I'd do it again.

I don't want anybody's help.

Mr. Stone?

Your Honor,
we have agreed...

that the defendant
be incarcerated in a juvenile facility...

until his 18th birthday...

at which point
he'd be transferred to Attica.

Why?

We're trying
to save your life, son.

What's the point?

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