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NARRATOR:
In the criminal justice system
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00:00:02,970 --> 00:00:06,782
the people are represented by two
separate yet equally important groups,
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00:00:06,840 --> 00:00:08,786
the police
who investigate crime
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00:00:08,842 --> 00:00:11,618
and the district attorneys
who prosecute the offenders.
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These are their stories.
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How do we know it's there?
'Cause I seen it.
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Where?
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If I tell you,
you won't pay me.
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Let's go.
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00:00:20,954 --> 00:00:23,332
All right, it's down near the construction site.
But that's all I'm saying.
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How much?
Five each.
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I got mine.
All I got is two.
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Forget it.
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Come on, that's seven
for the both of us.
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Yo, you wanna see it or not?
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Two bucks or I'm
calling the cops.
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00:00:35,335 --> 00:00:37,542
And what're you gonna
tell 'em? Peace out.
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00:00:38,238 --> 00:00:41,811
There was a 911 call about a dead
kid in the construction area.
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Me and my partner took the job.
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That's where we found him.
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He was dead when you got here?
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I reached in and felt
for a pulse.
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Thanks, Stevens.
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BRISCOE: Son of a bitch.
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Kid's seven or eight,
neatly dressed.
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Till somebody pulled
his pants down.
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00:00:55,856 --> 00:00:57,301
Yeah, I'll check for signs
of sexual abuse.
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00:00:57,624 --> 00:00:59,968
Maybe all this creep needed
was a little peek.
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00:01:00,160 --> 00:01:02,367
All right, let's pull him out.
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00:01:03,130 --> 00:01:07,510
My guess is the perp nailed him out here,
and then hid his body in the pipe.
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ED: Looks like
blood on his scalp.
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There's something in his mouth.
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Let me take a look.
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It's a triple A battery.
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Crazy son of a bitch.
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00:02:12,599 --> 00:02:15,239
The kid's a John Doe. We
checked Missing Persons.
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00:02:15,302 --> 00:02:17,145
There's no reports
matching his description.
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00:02:17,204 --> 00:02:19,582
Well someone's gonna miss that
little boy sooner or later.
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00:02:19,673 --> 00:02:22,017
Patrol's canvassing the
neighborhood with his picture.
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Only got two teams, Loo. How about calling
the borough for some extra bodies?
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00:02:24,911 --> 00:02:27,084
I'm on it.
Anything on that 911 call?
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Communications can pinpoint the
location once they find the tape.
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Hey, it's Saturday.
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The M.E.'s working.
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Cause of death was
cerebral hemorrhage.
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From the way the skull
fractured, you're looking for
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a blunt,
irregularly shaped object.
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00:02:43,530 --> 00:02:46,340
Like one of the 10,000
rocks near the body?
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00:02:46,533 --> 00:02:47,603
When was he killed?
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00:02:47,668 --> 00:02:50,740
Uh, maybe an hour or two
before they found him.
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Kid was clean.
No tearing, no fluids.
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I found particles of sodium
chloride on his hands.
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Salt?
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00:02:58,679 --> 00:02:59,817
Yeah, the large grain kind.
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Maybe from some
kind of snack item.
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00:03:01,648 --> 00:03:03,457
Were there any prints
on the Triple A?
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00:03:03,517 --> 00:03:04,757
Latent couldn't lift
anything useable.
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00:03:04,818 --> 00:03:05,922
(CELL PHONE RINGING)
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I can tell you it was inserted postmortem.
Who knows why?
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00:03:09,089 --> 00:03:10,261
Green.
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00:03:11,358 --> 00:03:14,305
Hang on. Communications
got a hit on the 911.
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Thanks.
Yeah.
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SHORTY: I didn't
call the police.
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We have your voice on tape.
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00:03:22,636 --> 00:03:24,547
Yeah, well my voice sounds
like a lot of kids.
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00:03:24,638 --> 00:03:26,982
We traced the call
to your phone.
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00:03:28,141 --> 00:03:29,381
You can do that?
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00:03:29,443 --> 00:03:32,185
It's cool, you don't want to
talk to us, I know how you feel.
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00:03:32,245 --> 00:03:34,247
But we have a murdered child.
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You saw the body.
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00:03:35,682 --> 00:03:37,252
I had nothing to do with it,
I swear.
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00:03:37,317 --> 00:03:38,523
How did you know where he was?
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00:03:38,585 --> 00:03:40,758
This kid I know told me.
Jonas.
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00:03:40,887 --> 00:03:42,195
Why'd he do that?
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00:03:42,255 --> 00:03:45,031
I don't know. He wanted money
to show us the dead kid.
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00:03:45,559 --> 00:03:48,062
What's a dead kid
go for these days?
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00:03:48,328 --> 00:03:49,705
Five bucks.
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00:03:51,498 --> 00:03:53,978
I just heard about this on the news.
What's it have to do with Jonas?
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00:03:54,034 --> 00:03:56,708
Your kid was selling tickets
to see the body.
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00:03:56,770 --> 00:03:58,579
What the hell?
Come on, Dad.
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00:03:58,638 --> 00:04:00,208
You have three seconds
to explain this.
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00:04:00,273 --> 00:04:03,083
I just heard a bunch of kids talking about
it in the park. I never even seen it.
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00:04:03,143 --> 00:04:04,816
Who are these kids?
Just some kids.
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00:04:04,911 --> 00:04:07,517
The girl who told me where the body
was was on my Little League team,
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00:04:07,581 --> 00:04:08,582
like five years ago.
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What's her name?
I don't remember.
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00:04:10,383 --> 00:04:12,954
I don't. She was just this dork
who was scared of the ball.
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I have his team photo inside.
All the kids signed the back.
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00:04:19,693 --> 00:04:22,503
Do you remember Jonas,
from the Asteroids?
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00:04:23,063 --> 00:04:25,566
He said you knew
where the body was.
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00:04:26,967 --> 00:04:28,708
He was in the pipe.
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00:04:29,069 --> 00:04:31,208
BRISCOE:
Do you know the boy's name?
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I saw a man put him there.
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You saw this, Tara?
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00:04:35,175 --> 00:04:36,984
Do you know this man?
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00:04:37,043 --> 00:04:38,044
No.
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00:04:38,111 --> 00:04:39,522
But you remember
what the man looked like?
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00:04:40,247 --> 00:04:41,453
Not really.
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00:04:41,515 --> 00:04:43,893
Come on, Tara. You can do better than that.
Was he black or white?
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00:04:43,950 --> 00:04:45,020
White.
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00:04:45,085 --> 00:04:47,292
ED: You must have
noticed his hair.
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00:04:47,354 --> 00:04:49,800
Yeah. He had short hair.
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00:04:50,190 --> 00:04:52,192
And sideburns on his face.
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00:04:52,259 --> 00:04:53,465
Why didn't you tell me?
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You told me not to
play over there.
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00:04:55,228 --> 00:04:57,139
So what were you doing?
Mrs. Padden, please.
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00:04:57,697 --> 00:04:59,233
How about his clothes?
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00:04:59,299 --> 00:05:01,176
He had a blue uniform.
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00:05:01,434 --> 00:05:04,176
And he smelled like gas,
like from a car.
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00:05:04,538 --> 00:05:05,983
You were close enough
to smell him?
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00:05:06,306 --> 00:05:08,616
After he put the boy
in the pipe.
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00:05:08,675 --> 00:05:10,211
When he walked back.
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00:05:10,277 --> 00:05:12,689
He didn't know
I was watching him.
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00:05:13,947 --> 00:05:16,086
We had the witness
sit down with an artist.
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00:05:16,149 --> 00:05:19,460
We're figuring the perp works in
a gas station or auto repair.
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00:05:19,553 --> 00:05:21,089
Yeah, there's no hit on the MO
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00:05:21,154 --> 00:05:23,293
and all our local pervos
are accounted for,
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00:05:23,356 --> 00:05:24,858
so this guy may have
a clean sheet.
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00:05:24,925 --> 00:05:26,905
So we'll canvass in sectors
around the murder scene.
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00:05:26,993 --> 00:05:28,563
Yes, Lennie has
the assignments.
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00:05:28,628 --> 00:05:32,371
I want you to flash the victim's
photo along with the sketch.
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00:05:32,465 --> 00:05:35,173
Somebody may have seen the
boy with Mr. Goodwrench.
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00:05:35,235 --> 00:05:37,146
Nobody reported
the kid missing?
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00:05:37,204 --> 00:05:38,547
Maybe the kid's from
out of town.
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00:05:38,605 --> 00:05:40,949
Or the doer's
one of his parents.
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00:05:42,042 --> 00:05:45,421
I got two Pakistanis working here
plus one Tamil, one Nigerian.
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00:05:45,512 --> 00:05:46,752
This looks like Bruce Willis.
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00:05:46,813 --> 00:05:49,123
What about this boy?
You see him this morning?
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00:05:49,182 --> 00:05:50,559
Oh, my God.
130
00:05:50,617 --> 00:05:51,857
Is that ayes?
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00:05:51,918 --> 00:05:55,161
No, no, no, this boy comes with
his mother to buy the Lotto.
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00:05:55,222 --> 00:05:56,223
You're sure?
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00:05:56,289 --> 00:05:58,462
She lets him pick the numbers.
134
00:05:58,525 --> 00:06:01,529
Sometimes she charges her
gas on her Visa card.
135
00:06:04,631 --> 00:06:07,237
Aaron's just seven. What's he
have to do with the police?
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00:06:07,367 --> 00:06:11,247
Was he wearing a navy blue T-shirt and
white Reebok sneakers this morning?
137
00:06:11,304 --> 00:06:14,046
He's at my sister's
in the village.
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00:06:14,407 --> 00:06:16,910
Did you speak to either one
of them today, Mrs. Polansky?
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00:06:19,145 --> 00:06:22,888
Well, not since this morning.
But I just got back from work.
140
00:06:23,183 --> 00:06:24,560
Oh, my God.
141
00:06:24,651 --> 00:06:26,062
Where is he?
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00:06:27,721 --> 00:06:29,132
We're sorry.
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00:06:33,260 --> 00:06:34,671
(WHIMPERS)
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00:06:38,498 --> 00:06:40,603
I left him alone for an hour.
145
00:06:40,667 --> 00:06:42,613
Ruth was supposed to get him.
146
00:06:42,936 --> 00:06:45,280
We found him near
the highway construction.
147
00:06:46,473 --> 00:06:48,384
Why didn't she call me?
148
00:06:50,744 --> 00:06:52,121
Oh, my God.
149
00:06:55,115 --> 00:06:56,458
He's dead.
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00:06:58,385 --> 00:07:01,298
Aaron, my baby.
151
00:07:01,922 --> 00:07:03,902
(SOBBING)
152
00:07:10,096 --> 00:07:12,474
Why don't we
call your sister, huh?
153
00:07:12,532 --> 00:07:14,876
Yeah, why don't we?
154
00:07:17,103 --> 00:07:19,640
I came by to pick Aaron up,
but no one was home.
155
00:07:19,706 --> 00:07:22,243
I thought my sister took him to work.
She's done that before.
156
00:07:22,309 --> 00:07:23,913
Why didn't you call
your sister at work?
157
00:07:23,977 --> 00:07:25,149
I did.
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00:07:25,412 --> 00:07:26,652
Oh, God.
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00:07:26,947 --> 00:07:28,790
I guess she didn't
get her message.
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00:07:28,848 --> 00:07:30,657
Could Aaron get out by himself?
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00:07:31,151 --> 00:07:32,755
He was tall enough
to reach the lock.
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00:07:32,819 --> 00:07:34,457
ED: Was their door locked
when you got there?
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00:07:34,521 --> 00:07:36,694
It was, but I have keys.
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00:07:37,657 --> 00:07:39,466
I should have kept calling.
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00:07:39,526 --> 00:07:42,234
Why don't we go
upstairs to your sister?
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00:07:42,562 --> 00:07:44,667
Uh, can anybody get
in the front door?
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00:07:44,731 --> 00:07:47,075
You gotta have keys
or get buzzed in.
168
00:07:47,133 --> 00:07:49,272
You remember seeing a guy
go in with a blue uniform,
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00:07:49,336 --> 00:07:51,680
like a gas station jumpsuit,
something like that?
170
00:07:51,738 --> 00:07:53,240
Late 30's, short hair?
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00:07:53,306 --> 00:07:54,376
Could be.
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00:07:54,441 --> 00:07:56,546
Sounds like 1-B's
boyfriend.
173
00:07:59,079 --> 00:08:00,353
Dale Varnette?
174
00:08:00,413 --> 00:08:01,517
Yeah?
175
00:08:01,581 --> 00:08:04,391
Your boss says you were on a
break this morning around 10:00?
176
00:08:04,451 --> 00:08:05,486
Yeah, that's right.
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00:08:05,552 --> 00:08:06,690
We need to talk.
178
00:08:06,753 --> 00:08:08,164
Richie wanted his car
an hour ago.
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00:08:08,221 --> 00:08:10,360
Richie's gonna have to wait.
180
00:08:10,824 --> 00:08:13,464
You visit your girlfriend
this morning?
181
00:08:13,860 --> 00:08:15,237
She say I did something to her?
182
00:08:15,295 --> 00:08:16,865
Why did you have a little
eye-opener with her?
183
00:08:16,930 --> 00:08:18,432
Hey, pal, she made me
a cup of coffee.
184
00:08:18,498 --> 00:08:19,772
So you couldn't have
been there very long.
185
00:08:19,833 --> 00:08:21,210
I was in a hurry to
get back to work.
186
00:08:21,267 --> 00:08:23,247
That's why you took the shortcut
through the construction site?
187
00:08:23,303 --> 00:08:24,373
Construction site?
188
00:08:24,437 --> 00:08:26,383
Yeah we got a eye witness puts
you there with a little boy.
189
00:08:26,439 --> 00:08:28,009
Little boy? What the hell
you talking about?
190
00:08:28,074 --> 00:08:30,179
The kid you abducted from
your girlfriend's building.
191
00:08:30,243 --> 00:08:34,658
No way. No way. All I did was have a cup
of coffee, and go back to work. Alone.
192
00:08:34,714 --> 00:08:36,591
Anybody see you leave?
193
00:08:37,784 --> 00:08:40,993
Yeah, okay, yeah. There was
this girl there, 13,14.
194
00:08:41,054 --> 00:08:42,556
She was standing
in front of the building.
195
00:08:42,622 --> 00:08:44,624
You're gonna have do
better than that.
196
00:08:44,691 --> 00:08:47,831
Brown hair, kinda skinny,
wearing a Knicks T-shirt.
197
00:08:47,894 --> 00:08:49,134
She was by the building?
198
00:08:49,195 --> 00:08:51,106
Yeah. She was standing
by the door,
199
00:08:51,164 --> 00:08:52,666
like she was
waiting for somebody.
200
00:08:52,732 --> 00:08:55,076
You're gonna have to come down to the
station while we straighten this out.
201
00:08:55,135 --> 00:08:56,307
Why couldn't you just
find my witness?
202
00:08:56,369 --> 00:08:57,905
We already did.
203
00:09:00,807 --> 00:09:02,582
BRISCOE:
Here's the problem, Tara.
204
00:09:02,642 --> 00:09:05,282
You say you saw the man
by the construction site.
205
00:09:05,345 --> 00:09:06,517
I did.
206
00:09:06,579 --> 00:09:08,650
But we think you saw him
by the little boy's building,
207
00:09:08,715 --> 00:09:10,251
on 46th street.
208
00:09:10,617 --> 00:09:12,619
I wasn't at the building.
209
00:09:12,685 --> 00:09:14,255
BRISCOE: You sure
about that, Tara?
210
00:09:14,320 --> 00:09:15,594
Why do you think she's lying?
211
00:09:15,655 --> 00:09:17,657
I'm not lying, Mom.
I swear.
212
00:09:17,724 --> 00:09:20,933
Did you pass by that building
any other time today?
213
00:09:21,161 --> 00:09:22,196
No.
214
00:09:22,262 --> 00:09:24,435
All right, Mrs. Padden. Detective
Briscoe is going to take you
215
00:09:24,497 --> 00:09:26,340
to fill out
a CB 12-14.
216
00:09:26,399 --> 00:09:27,400
What's that?
217
00:09:27,467 --> 00:09:28,844
Cab Fare Requisition Form.
218
00:09:28,902 --> 00:09:31,712
Yeah, so the City will pay
for your transportation home.
219
00:09:40,346 --> 00:09:41,916
While your mom's
taking care of that, Tara,
220
00:09:42,248 --> 00:09:43,386
can you help me with something?
221
00:09:43,450 --> 00:09:44,793
All right.
222
00:09:45,585 --> 00:09:49,123
We're trying to catch the man
that hurt that little boy.
223
00:09:49,422 --> 00:09:51,561
I told you everything I saw.
224
00:09:51,758 --> 00:09:56,173
I noticed your mom rubs her lip,
when she's unhappy about something.
225
00:09:56,563 --> 00:09:58,702
Like this. Right?
226
00:10:01,301 --> 00:10:04,339
And when you're nervous, you twirl
your hair with your finger.
227
00:10:05,705 --> 00:10:07,343
It's just a habit.
228
00:10:07,574 --> 00:10:10,214
I think you do it
when you're telling a lie.
229
00:10:10,276 --> 00:10:12,313
Do you recognize this man?
230
00:10:12,412 --> 00:10:14,392
That's the man
I saw at the pipes.
231
00:10:15,181 --> 00:10:18,856
We talked to him. He says you saw
him at the little boy's building.
232
00:10:18,918 --> 00:10:20,693
He's lying or you're lying.
233
00:10:21,087 --> 00:10:22,327
I'm not.
234
00:10:23,590 --> 00:10:25,934
I'm going to speak to you
like a young woman, Tara.
235
00:10:26,593 --> 00:10:28,573
Do you understand
how important this is?
236
00:10:28,628 --> 00:10:31,131
If you don't believe me,
you can ask my friend.
237
00:10:31,431 --> 00:10:33,035
Someone else saw what happened?
238
00:10:33,466 --> 00:10:35,878
Jenny.
She's my best friend.
239
00:10:37,403 --> 00:10:41,510
Her friend Tara says they were playing
by the highway construction yesterday.
240
00:10:41,574 --> 00:10:42,575
Oh, yeah?
241
00:10:42,642 --> 00:10:43,950
It was just for
a couple of minutes.
242
00:10:44,010 --> 00:10:45,080
Tara made me go.
243
00:10:45,145 --> 00:10:46,783
Wasn't Gabbie watching you?
244
00:10:46,846 --> 00:10:48,382
She had to go
somewhere with her father.
245
00:10:48,448 --> 00:10:50,257
Did you see something
happen down there?
246
00:10:50,316 --> 00:10:51,727
You mean with the man
in the blue uniform?
247
00:10:51,784 --> 00:10:52,785
That's right.
248
00:10:52,852 --> 00:10:57,392
Well, there was this man and he had this
kid who was like dead or something,
249
00:10:57,457 --> 00:10:59,698
and he was putting him
inside a pipe.
250
00:10:59,759 --> 00:11:01,898
Why didn't you tell anybody?
251
00:11:02,328 --> 00:11:05,138
Tara said not to tell.
She's in 7th grade.
252
00:11:06,799 --> 00:11:08,710
Mom, can I go
back to the swings now?
253
00:11:08,768 --> 00:11:10,270
Sure, sweetie.
254
00:11:13,406 --> 00:11:15,784
Maybe you should
have a talk with her.
255
00:11:15,842 --> 00:11:16,843
Sure.
256
00:11:16,910 --> 00:11:20,289
BRISCOE: At some point we may need
your daughter to view a line-up.
257
00:11:20,346 --> 00:11:24,761
Well, you already have her friend. Why
do you have to drag her into this?
258
00:11:25,418 --> 00:11:27,762
I say we've got enough
to charge Varnette.
259
00:11:27,820 --> 00:11:29,663
Tara Padden ID'd his photo.
260
00:11:29,722 --> 00:11:32,703
And Varnette ID'd her, in front
of the dead kid's building.
261
00:11:32,759 --> 00:11:34,602
Maybe he noticed her
at the murder scene.
262
00:11:34,661 --> 00:11:38,131
Not a bad scam. Turn the
eyewitness into his alibi.
263
00:11:38,298 --> 00:11:41,040
I'm not buying it. I still
think the kid is lying.
264
00:11:41,100 --> 00:11:42,579
Because she plays
with her hair?
265
00:11:42,635 --> 00:11:43,739
You played cards with her, Ed?
266
00:11:43,803 --> 00:11:45,942
Varnette's lawyer calls here
every 10 minutes
267
00:11:46,005 --> 00:11:47,541
to ask what we're
holding him on.
268
00:11:47,607 --> 00:11:50,451
Look, if he walked the
boy out of the building,
269
00:11:50,510 --> 00:11:52,717
someone had to have seen them.
270
00:11:52,779 --> 00:11:54,417
I'll buy you some time.
271
00:11:54,480 --> 00:11:56,391
You bring me a witness.
272
00:11:58,585 --> 00:12:01,794
His name is Dale Varnette.
He's got a girlfriend in 1-B.
273
00:12:01,888 --> 00:12:03,561
He doesn't look familiar.
274
00:12:03,623 --> 00:12:05,625
What about you, Jake?
You remember seeing this man?
275
00:12:05,692 --> 00:12:07,262
Look, we're trying to
catch a movie.
276
00:12:07,327 --> 00:12:09,102
The man came here yesterday?
277
00:12:09,162 --> 00:12:10,664
BRISCOE:
Yeah, did you see him?
278
00:12:10,730 --> 00:12:11,902
I don't remember him.
279
00:12:11,965 --> 00:12:13,342
FRED: Is that it?
280
00:12:13,499 --> 00:12:16,036
Jenny was here Saturday.
Maybe she remembers.
281
00:12:16,803 --> 00:12:17,907
Jenny Brandt?
282
00:12:18,137 --> 00:12:19,878
He knows her from school.
283
00:12:19,939 --> 00:12:21,850
She wanted me to see
if I could come outside.
284
00:12:21,908 --> 00:12:23,114
She said she would
get me a hot dog.
285
00:12:23,710 --> 00:12:24,814
Did you go with her?
286
00:12:25,378 --> 00:12:27,415
I don't like to play with her.
She hits.
287
00:12:27,680 --> 00:12:30,183
Maybe you can
still make that movie.
288
00:12:31,017 --> 00:12:34,396
What do you think, Lennie? The two girls
came by to lure Jake with a hot dog?
289
00:12:34,454 --> 00:12:36,900
The salt on
Aaron Polansky's hands.
290
00:12:36,990 --> 00:12:39,163
Maybe he didn't want a hot dog.
291
00:12:39,259 --> 00:12:40,260
WOMAN: Thanks.
292
00:12:40,326 --> 00:12:42,306
Sold about five dozen
pretzels yesterday.
293
00:12:42,362 --> 00:12:43,363
Saturday is my best day.
294
00:12:43,463 --> 00:12:46,137
You remember this kid?
His name's Aaron Polansky?
295
00:12:46,266 --> 00:12:47,267
I don't think so.
296
00:12:47,333 --> 00:12:49,779
Try putting him with a couple
of girls, 10 and 12 years old.
297
00:12:49,836 --> 00:12:51,338
Lot of little girls
in the neighborhood.
298
00:12:51,404 --> 00:12:54,112
One of them had
blond hair and pigtails.
299
00:12:55,008 --> 00:12:56,112
Okay.
300
00:12:56,376 --> 00:13:00,051
She was 10 cents short. Cute kid,
looked like she was gonna cry.
301
00:13:00,113 --> 00:13:01,786
So I let her slide.
302
00:13:01,848 --> 00:13:03,054
Thanks.
303
00:13:03,516 --> 00:13:05,553
I was hoping you were wrong.
304
00:13:05,752 --> 00:13:09,359
Oh, I got a knot in my stomach
just thinking about this.
305
00:13:09,422 --> 00:13:12,869
It all adds up. Jenny goes
inside while Tara waits outside.
306
00:13:12,926 --> 00:13:15,930
Varnette said she was hanging
out by the building.
307
00:13:16,029 --> 00:13:18,532
Maybe there's something
we're missing.
308
00:13:18,598 --> 00:13:21,511
Call the parents, have them bring
the girls down for a talk.
309
00:13:22,669 --> 00:13:24,546
Ed had some rapport
with the older girl.
310
00:13:25,104 --> 00:13:26,947
Once Lennie got the mother
out of the way.
311
00:13:27,240 --> 00:13:30,414
Okay, you take the 10-year-old. Her
mother will have to be in the room.
312
00:13:30,476 --> 00:13:31,784
The other girl's 13.
313
00:13:31,844 --> 00:13:34,017
So you can talk to her
without a parent present.
314
00:13:36,582 --> 00:13:38,289
Are you sure about that?
315
00:13:38,351 --> 00:13:40,194
I'll let the mother listen
through the one-way.
316
00:13:40,253 --> 00:13:41,994
If she wants to stop,
I'll let you know.
317
00:13:42,088 --> 00:13:43,089
Sounds good.
318
00:13:43,589 --> 00:13:46,229
I'm giving you
a little slack here, Ed.
319
00:13:46,526 --> 00:13:48,403
Just don't break the rope.
320
00:13:53,166 --> 00:13:56,204
You understand, you can
get a lawyer if you want?
321
00:13:56,269 --> 00:13:58,510
I don't think we need a lawyer.
322
00:13:59,005 --> 00:14:03,454
Now, yesterday morning, Jenny, you went
out to play with your friend Tara?
323
00:14:04,177 --> 00:14:07,386
First Tara came over and
we watched some cartoons.
324
00:14:07,447 --> 00:14:09,222
Then Mom said we
could go to the playground.
325
00:14:09,282 --> 00:14:11,762
You were supposed to
be with Gabbie.
326
00:14:11,984 --> 00:14:14,157
BRISCOE: Do you know a boy
named Jake Hansen?
327
00:14:14,220 --> 00:14:15,324
Yeah.
328
00:14:15,822 --> 00:14:17,665
Did you go to his apartment?
329
00:14:18,191 --> 00:14:21,365
I went with Tara. We just wanted to
see if he could come play with us.
330
00:14:21,427 --> 00:14:23,304
You told me you were going
straight to the playground.
331
00:14:23,363 --> 00:14:24,774
No, I didn't.
332
00:14:24,831 --> 00:14:28,142
This isn't fair. Why is
everyone asking me questions?
333
00:14:28,501 --> 00:14:32,881
This Jake Hansen, he lives in the same
building as the boy that was murdered?
334
00:14:33,206 --> 00:14:34,412
That's right.
335
00:14:37,477 --> 00:14:40,219
You know something? My husband had a lawyer.
Maybe I should talk to him.
336
00:14:40,980 --> 00:14:42,220
He had a lawyer?
337
00:14:43,616 --> 00:14:44,959
Vince is in jail.
338
00:14:45,318 --> 00:14:46,592
For what?
339
00:14:46,719 --> 00:14:48,221
Stealing cars.
340
00:14:50,990 --> 00:14:52,992
I wanna make a phone call.
341
00:14:55,161 --> 00:14:59,769
ED: Remember how we talked about what
you saw at the construction site, Tara?
342
00:14:59,899 --> 00:15:02,402
I saw the man
with the blue uniform.
343
00:15:02,769 --> 00:15:06,239
Remember how I said you were
getting to be a young lady?
344
00:15:06,372 --> 00:15:07,476
Yeah.
345
00:15:08,608 --> 00:15:11,316
Young ladies only tell
the truth, right?
346
00:15:11,778 --> 00:15:12,950
Right.
347
00:15:15,114 --> 00:15:17,321
Unless they're
bad young ladies?
348
00:15:23,089 --> 00:15:25,831
I know you're not really bad.
349
00:15:26,392 --> 00:15:28,599
I know that in my heart, okay?
350
00:15:30,229 --> 00:15:31,333
Okay.
351
00:15:32,498 --> 00:15:35,968
So I want you to tell me
the truth about what happened.
352
00:15:37,837 --> 00:15:39,009
I did.
353
00:15:40,439 --> 00:15:42,043
You go to IS 48?
354
00:15:42,975 --> 00:15:44,079
Yeah.
355
00:15:44,143 --> 00:15:45,554
Like school?
356
00:15:46,045 --> 00:15:47,388
It's hard.
357
00:15:48,548 --> 00:15:50,027
You still play little league?
358
00:15:50,083 --> 00:15:51,221
Just soccer.
359
00:15:51,284 --> 00:15:53,924
Ooh, maybe I'm talking
to the next Mia Hamm.
360
00:15:57,056 --> 00:15:58,501
I'll never be as good as her.
361
00:15:58,558 --> 00:16:00,367
But you're getting
better though, right?
362
00:16:00,960 --> 00:16:02,337
I guess so.
363
00:16:04,297 --> 00:16:05,935
When I was a kid,
364
00:16:05,998 --> 00:16:09,172
all my friends tried out
for the basketball team.
365
00:16:10,536 --> 00:16:12,573
But I pretended I was sick.
366
00:16:13,606 --> 00:16:15,745
Because you weren't
good enough?
367
00:16:17,877 --> 00:16:18,981
Yeah.
368
00:16:20,780 --> 00:16:23,090
I never told anyone
that before.
369
00:16:24,417 --> 00:16:26,829
I feel better
now that I told you.
370
00:16:27,386 --> 00:16:30,424
You know sometimes
when you try to keep a secret,
371
00:16:30,490 --> 00:16:32,902
it hurts to hold it
inside of you.
372
00:16:34,160 --> 00:16:35,264
Yeah.
373
00:16:35,328 --> 00:16:38,138
But if you have a friend
to share it with,
374
00:16:38,698 --> 00:16:40,609
it feels better, right?
375
00:16:42,068 --> 00:16:43,741
I want to be your friend, Tara.
376
00:16:46,506 --> 00:16:47,712
I think
377
00:16:50,409 --> 00:16:52,082
you have a secret,
378
00:16:52,712 --> 00:16:55,124
about what happened
to that little boy.
379
00:16:55,181 --> 00:16:56,455
(SOBBING)
380
00:16:58,584 --> 00:17:00,359
Hold my hands, Tara.
381
00:17:01,420 --> 00:17:03,195
It's okay. Go ahead.
382
00:17:07,994 --> 00:17:09,803
We're friends, right?
383
00:17:15,167 --> 00:17:17,613
ED: I wanna share
that secret with you
384
00:17:19,171 --> 00:17:21,082
It's okay to cry, Tara.
385
00:17:21,607 --> 00:17:24,213
All that pain you're feeling, I want
you to give some of that to me.
386
00:17:24,510 --> 00:17:25,614
Okay.
387
00:17:26,412 --> 00:17:28,892
I'm not gonna let anybody
hurt you if you tell, okay?
388
00:17:28,948 --> 00:17:30,291
I promise.
389
00:17:30,483 --> 00:17:32,793
We didn't see the man
at the construction.
390
00:17:33,185 --> 00:17:34,721
ED: Okay, good.
391
00:17:34,954 --> 00:17:36,592
Who was there?
Tell me who was there.
392
00:17:36,656 --> 00:17:38,693
It... It was me and Jenny.
393
00:17:39,058 --> 00:17:40,366
What did you and Jenny do?
394
00:17:40,426 --> 00:17:42,497
We took him there.
The little boy.
395
00:17:43,729 --> 00:17:44,730
Did somebody hit him?
396
00:17:44,964 --> 00:17:47,467
Jenny did.
Jenny hit him with a rock.
397
00:17:47,667 --> 00:17:48,805
More than once?
398
00:17:49,302 --> 00:17:50,645
Like this.
399
00:17:57,376 --> 00:17:58,582
Did you hit him?
400
00:17:59,045 --> 00:18:00,422
Just Jenny.
401
00:18:00,713 --> 00:18:02,351
Did you know Jenny was
going to hurt him?
402
00:18:02,415 --> 00:18:03,450
No.
403
00:18:03,950 --> 00:18:05,588
What did you do
after she hit him?
404
00:18:05,651 --> 00:18:07,358
He wouldn't wake up.
405
00:18:07,420 --> 00:18:09,400
So we put him in the pipe.
406
00:18:09,889 --> 00:18:11,493
And you pulled his pants down?
407
00:18:11,557 --> 00:18:12,661
Yeah.
408
00:18:12,825 --> 00:18:14,202
Why did you do that?
409
00:18:14,260 --> 00:18:16,740
I don't know.
Jenny said to.
410
00:18:18,130 --> 00:18:19,666
It's okay, Tara.
411
00:18:19,732 --> 00:18:22,042
Thank you for
telling the truth.
412
00:18:22,568 --> 00:18:24,809
You're a very good young lady.
413
00:18:29,308 --> 00:18:30,582
(SOBBING)
414
00:18:34,480 --> 00:18:36,926
CLERK: "Docket numbers 556
and 557."
415
00:18:36,983 --> 00:18:39,122
"In the matter of Tara Padden
and Jennifer Brandt."
416
00:18:39,185 --> 00:18:40,664
"Murder in the
second degree."
417
00:18:40,720 --> 00:18:41,721
(CROWD MURMURING)
418
00:18:41,821 --> 00:18:43,391
How old are these children?
419
00:18:43,456 --> 00:18:45,732
Miss Brandt is 10.
Miss Padden is 13.
420
00:18:45,791 --> 00:18:48,863
We may transfer her to Supreme Court
and prosecute her as an adult.
421
00:18:48,928 --> 00:18:51,602
Let us know, Ms. Carmichael.
You want bail?
422
00:18:51,664 --> 00:18:54,008
There's obviously been a lack
of parental control here.
423
00:18:54,066 --> 00:18:55,443
I represent Tara Padden.
424
00:18:55,501 --> 00:18:57,845
Your Honor, Ms. Carmichael
assumes my client is guilty.
425
00:18:57,970 --> 00:18:59,472
CARMICHAEL:
She confessed, Judge.
426
00:18:59,538 --> 00:19:01,950
The statement was elicited
by an aggressive officer,
427
00:19:02,008 --> 00:19:04,955
who pressured her to tell him
what he wanted to hear.
428
00:19:05,011 --> 00:19:07,548
I'm moving to suppress
the statement.
429
00:19:08,047 --> 00:19:10,049
I'll put the matter over
for a hearing.
430
00:19:10,116 --> 00:19:11,459
What about Miss Brandt?
431
00:19:11,517 --> 00:19:13,758
She denies any
participation in this.
432
00:19:13,819 --> 00:19:15,958
Miss Padden's statement indicates
Miss Brandt was the one
433
00:19:16,022 --> 00:19:17,092
who hit the victim with a rock.
434
00:19:17,156 --> 00:19:19,898
Tara's a liar. She blames everything
on me, 'cause she's older.
435
00:19:19,959 --> 00:19:21,768
JUDGE: Quiet down, Miss.
436
00:19:22,061 --> 00:19:24,769
I'm releasing these children
to their parents.
437
00:19:24,830 --> 00:19:25,968
Your Honor...
438
00:19:26,032 --> 00:19:29,104
But I am requiring
electronic ankle monitoring.
439
00:19:29,936 --> 00:19:31,108
You should've been there.
440
00:19:31,170 --> 00:19:33,207
The ankle monitors
we had didn't fit.
441
00:19:33,272 --> 00:19:35,183
We had to punch extra holes.
442
00:19:35,241 --> 00:19:36,515
If it wasn't so pathetic...
443
00:19:36,575 --> 00:19:37,883
What about this confession?
444
00:19:37,944 --> 00:19:41,448
If there was manipulation, her
mother could have jumped in.
445
00:19:41,814 --> 00:19:43,555
"Share your pain with me,"
446
00:19:43,616 --> 00:19:44,617
"the next Mia Hamm."
447
00:19:44,850 --> 00:19:46,955
What I hear is
damn good police work.
448
00:19:47,019 --> 00:19:49,021
I see an overzealous cop.
449
00:19:50,856 --> 00:19:53,268
This didn't make you
uncomfortable, Anita?
450
00:19:53,326 --> 00:19:55,533
Maybe I could have
pulled him back a little.
451
00:19:55,594 --> 00:19:58,973
But it doesn't mean it didn't
happen the way the girl said.
452
00:19:59,165 --> 00:20:01,270
Or she made up a story
to please an authority figure.
453
00:20:01,600 --> 00:20:03,136
CARMICHAEL: ls Dale Varnette
still in custody?
454
00:20:03,202 --> 00:20:06,809
We released him. As far as we're
concerned, the case is closed.
455
00:20:07,273 --> 00:20:10,277
It could all fall apart
at the suppression hearing.
456
00:20:11,077 --> 00:20:14,217
Well, now, that depends
on you, Counselor.
457
00:20:14,847 --> 00:20:17,293
Those girls killed
that little boy.
458
00:20:20,419 --> 00:20:21,625
(DOOR OPENING)
459
00:20:24,757 --> 00:20:28,466
SPECTOR: The police did everything
possible to manipulate this little girl.
460
00:20:28,527 --> 00:20:29,938
They bribed her
with a Happy Meal.
461
00:20:29,996 --> 00:20:31,498
They chatted about her hobbies.
462
00:20:31,564 --> 00:20:34,545
JACK: The detective was creating a
bond of trust with the suspect.
463
00:20:34,600 --> 00:20:35,943
Or an atmosphere of coercion.
464
00:20:36,001 --> 00:20:38,845
Why did Detective Green suggest
details of the crime to her?
465
00:20:38,938 --> 00:20:41,214
This wasn't a kid who wouldn't
talk without a little prodding.
466
00:20:41,340 --> 00:20:42,683
A little prodding?
467
00:20:42,742 --> 00:20:44,813
This was a snow job on a girl
who repeated the sixth grade.
468
00:20:45,544 --> 00:20:48,115
JACK: The police are allowed to
use deception during questioning.
469
00:20:48,180 --> 00:20:49,352
With an adult,
470
00:20:49,415 --> 00:20:51,326
who's presumed to have the
intelligence and experience
471
00:20:51,384 --> 00:20:52,556
to evaluate these lies.
472
00:20:52,618 --> 00:20:54,222
JACK: The mother could have
stopped it at anytime.
473
00:20:54,286 --> 00:20:55,890
Why did the police exclude her?
474
00:20:55,955 --> 00:20:58,868
When they interviewed Tara previously,
the mother was inhibiting her.
475
00:20:58,924 --> 00:21:01,598
And why wasn't Detective
Green's partner present?
476
00:21:01,661 --> 00:21:04,369
Detective Green had already
established a rapport with her.
477
00:21:04,497 --> 00:21:06,340
He's been cited twice
for excessive force.
478
00:21:06,399 --> 00:21:07,878
He held her hand.
479
00:21:07,933 --> 00:21:10,072
Are you accusing him
of excessive kindness?
480
00:21:10,136 --> 00:21:11,513
I'm accusing him
of railroading a child.
481
00:21:11,570 --> 00:21:13,709
All right, I've heard enough.
482
00:21:13,773 --> 00:21:15,548
I've reviewed
the interrogation.
483
00:21:15,608 --> 00:21:18,179
It's apparent the police
acted in a manner calculated
484
00:21:18,244 --> 00:21:21,555
to manufacture an admission
from an immature 13-year-old.
485
00:21:21,614 --> 00:21:24,686
This so-called confession
is inherently unreliable,
486
00:21:24,750 --> 00:21:27,356
it doesn't pass
due process standards,
487
00:21:27,520 --> 00:21:28,658
and I won't consider it.
488
00:21:28,721 --> 00:21:30,962
Motion to suppress is granted.
489
00:21:32,792 --> 00:21:33,896
What do we have to do?
490
00:21:33,959 --> 00:21:36,030
Put an A.D.A.
in every precinct?
491
00:21:36,095 --> 00:21:37,870
Lieutenant Van Buren
made a judgment call.
492
00:21:37,930 --> 00:21:39,841
She made the wrong judgment.
493
00:21:39,899 --> 00:21:42,004
I don't think
these kids are innocent.
494
00:21:42,068 --> 00:21:43,672
Little girl killers?
495
00:21:43,736 --> 00:21:46,148
CARMICHAEL: You can't believe it because
they wear knee socks and pigtails?
496
00:21:46,205 --> 00:21:47,684
Could have been an accident.
497
00:21:48,841 --> 00:21:51,845
The battery in the boy's
mouth, the victim's pants...
498
00:21:51,911 --> 00:21:53,219
Sounds like an adult offender.
499
00:21:53,279 --> 00:21:55,225
You have something
beside this confession?
500
00:21:55,281 --> 00:21:57,693
There were salt particles
on the victim's hands.
501
00:21:57,750 --> 00:21:59,696
Jenny bought a pretzel
right before the murder.
502
00:22:00,186 --> 00:22:02,496
Case is built
on salt particles?
503
00:22:03,289 --> 00:22:07,237
We have a witness who put Jenny Brandt in
the building at the time of the abduction.
504
00:22:07,460 --> 00:22:09,133
Who's the witness?
505
00:22:09,228 --> 00:22:10,901
An eight-year-old.
506
00:22:12,131 --> 00:22:14,475
Detective Green
take his statement?
507
00:22:16,268 --> 00:22:20,182
I don't think this Tara Padden is
smart enough to pull this off.
508
00:22:21,974 --> 00:22:24,784
Maybe the younger girl
pulled the strings.
509
00:22:25,444 --> 00:22:28,448
Gabbie's been babysitting for
Jenny since the Brandts moved in,
510
00:22:28,514 --> 00:22:30,323
about five years ago.
511
00:22:31,550 --> 00:22:33,393
Is she hard to take care of?
512
00:22:33,486 --> 00:22:36,228
If you don't do exactly what
she wants, she just loses it.
513
00:22:36,288 --> 00:22:39,462
Like, if I'm watching TV and
not paying attention to her,
514
00:22:39,525 --> 00:22:41,198
she throws a total fit.
515
00:22:41,260 --> 00:22:43,638
Does she get along
with other kids?
516
00:22:43,696 --> 00:22:46,233
She's okay with girls, but I don't
think she likes boys too much.
517
00:22:46,298 --> 00:22:47,606
What do you mean?
518
00:22:47,666 --> 00:22:51,443
She once borrowed my 16 Magazine and
blacked out all the eyes on the boys.
519
00:22:51,504 --> 00:22:53,711
She said she wished
they would all just die.
520
00:22:53,773 --> 00:22:55,252
Has she always been like this?
521
00:22:55,307 --> 00:22:57,378
She's always getting into
fights with boys at school
522
00:22:57,443 --> 00:23:00,151
and it's gotten a lot worse
since her father went to jail.
523
00:23:00,212 --> 00:23:02,453
You wouldn't believe what goes
on in their apartment though.
524
00:23:02,515 --> 00:23:03,858
Like what?
525
00:23:04,049 --> 00:23:06,051
Her mother tells her
all about her boyfriends.
526
00:23:06,118 --> 00:23:08,120
They don't even close
the bedroom door.
527
00:23:08,187 --> 00:23:09,530
She knows more
about sex than I do.
528
00:23:10,623 --> 00:23:12,660
Does Jenny have
any contact with her father?
529
00:23:12,725 --> 00:23:14,602
Jocelyn won't let her see him.
530
00:23:14,660 --> 00:23:16,401
I felt bad for her.
531
00:23:17,596 --> 00:23:21,510
Don't tell Jocelyn, but I let
Vince talk to Jenny on my phone.
532
00:23:21,901 --> 00:23:23,005
And how recently was that?
533
00:23:23,969 --> 00:23:27,610
Last time was a couple of
days before the police came.
534
00:23:31,210 --> 00:23:33,190
VINCE: You think my daughter
did a murder?
535
00:23:33,245 --> 00:23:35,350
JACK: That's what her
friend Tara says.
536
00:23:35,414 --> 00:23:37,690
Well, maybe this other kid's
full of crap.
537
00:23:37,750 --> 00:23:39,696
There is corroborating
evidence, Mr. Brandt.
538
00:23:39,952 --> 00:23:43,024
She's 10 years old.
She can barely ride a bike.
539
00:23:43,088 --> 00:23:46,297
She lured a seven-year-old boy
from his apartment.
540
00:23:47,226 --> 00:23:49,467
There was a battery
stuffed in his mouth.
541
00:23:50,896 --> 00:23:52,239
A battery?
542
00:23:55,801 --> 00:23:57,803
What if they find her guilty?
543
00:23:57,870 --> 00:23:59,907
You gonna put her in one
of those juvie homes?
544
00:23:59,972 --> 00:24:01,815
That's one possibility.
545
00:24:01,874 --> 00:24:03,251
Those places are pretty rough.
546
00:24:03,309 --> 00:24:05,220
CARMICHAEL: It's not as rough
as her home environment.
547
00:24:06,312 --> 00:24:09,885
Your wife has sex with her boyfriends
while Jenny's in the room.
548
00:24:10,549 --> 00:24:12,426
(WHISPERS) That bitch.
549
00:24:13,519 --> 00:24:15,521
And I'm locked up in there.
550
00:24:15,588 --> 00:24:18,228
Auto theft is
a non-violent conviction.
551
00:24:18,624 --> 00:24:21,764
We can have you moved to a
facility closer to the city.
552
00:24:21,827 --> 00:24:23,568
There's a possibility
of work release.
553
00:24:23,629 --> 00:24:25,233
(SIGHS) Oh, God.
554
00:24:25,497 --> 00:24:27,670
JACK: You know what,
Mr. Brandt?
555
00:24:27,733 --> 00:24:29,178
You help us, we'll help her.
556
00:24:29,234 --> 00:24:31,043
I gotta think what to do here.
557
00:24:31,103 --> 00:24:32,912
We are not the enemy.
558
00:24:33,539 --> 00:24:36,315
You think we want to slam
a 10-year-old child?
559
00:24:39,678 --> 00:24:41,316
(BREATHES DEEPLY)
560
00:24:45,951 --> 00:24:48,557
There's this picture
I gotta show you.
561
00:24:49,622 --> 00:24:53,331
JACK: Jenny sent this to her father
just before she was arrested.
562
00:24:53,392 --> 00:24:54,996
It's Aaron Polansky.
563
00:24:55,060 --> 00:24:56,733
With batteries around his head.
564
00:24:56,795 --> 00:24:58,934
It's just a child's drawing.
565
00:24:59,064 --> 00:25:01,738
The girl holding the rock,
that's Jenny.
566
00:25:01,800 --> 00:25:05,077
It's a pictorial confession.
It implicates both girls.
567
00:25:05,137 --> 00:25:06,810
Well, if that's Tara,
568
00:25:06,872 --> 00:25:09,648
she's just standing there,
like she said all along.
569
00:25:10,109 --> 00:25:11,816
I had a hard time
believing it myself.
570
00:25:11,877 --> 00:25:13,823
Now I'm convinced.
They're murders.
571
00:25:13,912 --> 00:25:16,791
If you brought us down here to
plea bargain, I'm not interested.
572
00:25:16,849 --> 00:25:18,851
Isn't your objective to do
what's best for her?
573
00:25:18,917 --> 00:25:22,194
Locking her up with other out-of-control
kids is hardly the answer.
574
00:25:22,254 --> 00:25:23,392
I'm fighting the charges.
575
00:25:23,455 --> 00:25:24,957
Easy for you to walk away.
You're in juvie court.
576
00:25:25,024 --> 00:25:26,435
My client's facing
a life sentence.
577
00:25:26,492 --> 00:25:28,062
She's three years older.
Jenny led her by the nose.
578
00:25:28,127 --> 00:25:30,664
Jenny didn't know
what she was doing.
579
00:25:30,996 --> 00:25:32,100
Here's my notice.
580
00:25:34,066 --> 00:25:36,273
I'm pleading not responsible.
581
00:25:38,604 --> 00:25:39,708
(DOOR OPENING)
582
00:25:44,076 --> 00:25:47,080
Sharkey's conceding Jenny
committed the murder.
583
00:25:47,146 --> 00:25:49,456
She's claiming she's
mentally ill?
584
00:25:49,515 --> 00:25:52,928
Too young to appreciate the
consequences of her actions.
585
00:25:52,985 --> 00:25:55,522
The judge buys it
it's a total walk.
586
00:25:56,321 --> 00:25:59,131
Well, maybe there's something to it, Jack.
She is 10 years old.
587
00:25:59,224 --> 00:26:00,669
I don't know.
588
00:26:00,726 --> 00:26:04,367
Old enough to rope in an
accomplice, and lie to the police.
589
00:26:05,264 --> 00:26:07,870
I'm calling Skoda
for a psych work up.
590
00:26:09,968 --> 00:26:12,244
How did you feel
when your father left?
591
00:26:12,304 --> 00:26:13,806
I didn't care.
592
00:26:14,273 --> 00:26:16,184
It didn't make you sad?
593
00:26:16,308 --> 00:26:17,412
Nope.
594
00:26:18,110 --> 00:26:20,181
But you wrote letters to him in jail.
You must have missed him?
595
00:26:21,747 --> 00:26:24,159
My mom got
a boyfriend right away.
596
00:26:24,917 --> 00:26:26,521
Byron the Beast.
597
00:26:27,119 --> 00:26:29,156
Why did you call him that?
598
00:26:29,488 --> 00:26:31,365
Because he was smelly.
599
00:26:32,558 --> 00:26:34,538
When did you smell him, Jenny?
600
00:26:35,260 --> 00:26:37,672
You know, whenever
he came near me.
601
00:26:38,163 --> 00:26:39,733
Did he ever get
really close to you?
602
00:26:39,798 --> 00:26:40,833
No.
603
00:26:41,834 --> 00:26:43,404
Did he ever touch you?
No.
604
00:26:44,303 --> 00:26:46,510
Make sure you write that down.
605
00:26:46,739 --> 00:26:48,616
I saw Byron touch Mom.
606
00:26:49,641 --> 00:26:51,780
They did all kinds of stuff.
607
00:26:53,078 --> 00:26:54,455
I hate him!
608
00:26:55,280 --> 00:26:56,918
Did you want to hurt him?
I wanted to.
609
00:26:58,384 --> 00:26:59,988
Byron's too big.
610
00:27:01,420 --> 00:27:03,764
Did you ever think
about hurting someone else?
611
00:27:04,123 --> 00:27:06,433
Sometimes I think about
hurting a little boy.
612
00:27:06,625 --> 00:27:08,036
Hurting how?
613
00:27:09,128 --> 00:27:11,768
Hit them over the head
and make them cry.
614
00:27:12,064 --> 00:27:15,910
Kill them and leave them with no
clothes on so they'll look stupid.
615
00:27:16,568 --> 00:27:18,309
Do you have
these thoughts often?
616
00:27:18,403 --> 00:27:19,609
Uh-huh.
617
00:27:20,572 --> 00:27:21,880
Since when?
618
00:27:21,940 --> 00:27:23,783
I don't know.
A long time.
619
00:27:25,611 --> 00:27:28,683
Have you tried hurting
other things, like a pet?
620
00:27:30,516 --> 00:27:33,861
There was this tabby cat
that lived in my building.
621
00:27:34,019 --> 00:27:36,522
It used to like me
'cause I gave it ice cream.
622
00:27:36,989 --> 00:27:38,297
So what happened to it?
623
00:27:38,357 --> 00:27:42,066
I gave him some ice cream, but, I
put some cleaning stuff in it,
624
00:27:42,127 --> 00:27:44,164
you know like for the floors.
625
00:27:44,229 --> 00:27:47,767
And it like started screaming
and choking and everything.
626
00:27:47,833 --> 00:27:49,506
Then it went dead.
627
00:27:49,635 --> 00:27:51,239
It was way cool.
628
00:27:52,171 --> 00:27:54,276
That makes me so angry, Jenny.
629
00:27:54,339 --> 00:27:56,512
How could you do that to a
helpless little animal?
630
00:27:56,575 --> 00:27:58,054
I don't know.
631
00:27:58,110 --> 00:28:00,351
Is that how you felt
when you hit the little boy?
632
00:28:00,412 --> 00:28:03,256
It wasn't cool or anything
like with the cat.
633
00:28:03,315 --> 00:28:05,022
I just hit him with a rock.
634
00:28:05,083 --> 00:28:07,791
He deserved it.
He wouldn't stop crying.
635
00:28:16,094 --> 00:28:18,233
When the boy didn't wake up,
636
00:28:18,464 --> 00:28:19,465
what did you think?
637
00:28:19,932 --> 00:28:21,605
I don't know.
That he went dead.
638
00:28:21,667 --> 00:28:22,975
That's why I put
the battery in his mouth.
639
00:28:23,035 --> 00:28:24,537
To give him some electricity
to wake him up,
640
00:28:24,603 --> 00:28:26,810
like they do in the hospitals.
641
00:28:27,940 --> 00:28:30,386
Jenny's been emotionally abused.
Maybe physically.
642
00:28:30,776 --> 00:28:33,347
She lashes off when her anger
reaches the boiling point.
643
00:28:33,412 --> 00:28:35,050
So we lock this girl up?
644
00:28:35,113 --> 00:28:36,353
Get used to it.
645
00:28:36,415 --> 00:28:38,952
More and more girls
committing violent crimes.
646
00:28:39,017 --> 00:28:40,189
I don't see anything for Jenny
647
00:28:40,252 --> 00:28:43,461
except a future of escalating
anti-social behavior.
648
00:28:44,656 --> 00:28:46,636
What makes you say that?
649
00:28:46,692 --> 00:28:49,036
Emotional abuse,
the snuffed cat,
650
00:28:49,428 --> 00:28:50,873
the blacked-out photographs.
651
00:28:50,929 --> 00:28:53,773
Her lack of response
when I went after her.
652
00:28:53,966 --> 00:28:56,139
Her fantasies about
hurting little boys.
653
00:28:56,201 --> 00:28:58,647
Yeah, previews of
coming attractions.
654
00:28:58,704 --> 00:29:01,446
She's graduated to murder.
She's not gonna stop.
655
00:29:01,507 --> 00:29:02,884
You sound pretty sure.
656
00:29:02,941 --> 00:29:06,150
Kid's a done deal. She's a
textbook serial killer.
657
00:29:06,778 --> 00:29:08,655
We just got her early.
658
00:29:13,185 --> 00:29:15,631
You've read the reports,
Ms. Sharkey.
659
00:29:15,687 --> 00:29:17,598
Jenny Brandt is damaged goods.
660
00:29:17,656 --> 00:29:19,033
So what do you want?
661
00:29:19,525 --> 00:29:22,529
Consent to restrictive
placement until age 21,
662
00:29:22,594 --> 00:29:23,834
reassess when she's an adult.
663
00:29:24,730 --> 00:29:27,836
I'm sorry. She's too young
to just throw in the towel.
664
00:29:27,899 --> 00:29:31,039
She's deeply disturbed. She needs
to be kept away from little boys.
665
00:29:31,670 --> 00:29:35,482
We can stipulate Jenny be housed in a
facility with psychiatric services.
666
00:29:35,541 --> 00:29:37,714
She can get treatment
on the outside.
667
00:29:37,776 --> 00:29:41,155
The best you can get under the Family
Court Act is five years, Mr. McCoy.
668
00:29:41,213 --> 00:29:43,454
And I'm not helping you get it.
669
00:29:45,050 --> 00:29:47,291
Five years in a youth facility,
670
00:29:47,653 --> 00:29:49,496
it's not gonna
solve the problem.
671
00:29:49,555 --> 00:29:52,297
That's the law, Jack.
Our hands are tied.
672
00:29:52,524 --> 00:29:55,971
Not if we can convince Miss
Brandt to commit her daughter.
673
00:29:56,028 --> 00:29:57,939
An open-ended
psychiatric confinement?
674
00:29:57,996 --> 00:30:01,603
If the system doesn't have a place for
this girl, we've got to make one.
675
00:30:01,667 --> 00:30:04,807
So I sign the papers and they
put Jenny in a mental hospital?
676
00:30:04,870 --> 00:30:08,181
As long as your application is approved
by a pre-certification committee.
677
00:30:08,240 --> 00:30:09,742
And how long does she stay?
678
00:30:09,908 --> 00:30:12,718
Until the doctors think
she's no longer a threat.
679
00:30:12,911 --> 00:30:14,254
Well, that could be forever.
680
00:30:14,313 --> 00:30:16,088
Your daughter is
a predator, Ms. Brandt.
681
00:30:16,148 --> 00:30:19,027
She needs to be somewhere where
she can't hurt other people.
682
00:30:19,084 --> 00:30:20,825
Jenny's all I have.
683
00:30:20,886 --> 00:30:24,060
You did the best you could,
but you can't handle her.
684
00:30:24,122 --> 00:30:25,294
(LAUGHS) Go ahead
Blame me for this.
685
00:30:25,357 --> 00:30:26,995
We're not blaming anybody.
686
00:30:27,059 --> 00:30:28,299
Your daughter needs help.
687
00:30:28,360 --> 00:30:31,432
I am not putting Jenny
in a mental institution.
688
00:30:31,630 --> 00:30:33,007
We're done.
689
00:30:36,101 --> 00:30:38,809
Well, that solves
my problems with this.
690
00:30:40,205 --> 00:30:42,310
You promised me
you would help her.
691
00:30:42,374 --> 00:30:43,580
This is helping her.
692
00:30:43,642 --> 00:30:46,213
You said Jenny'd be in a
juvie home, not a nut house.
693
00:30:46,278 --> 00:30:49,088
That was before we knew
what we were dealing with.
694
00:30:49,715 --> 00:30:52,218
Look at the people here,
Mr. Brandt.
695
00:30:56,688 --> 00:30:58,429
Jenny's on her way.
696
00:30:59,124 --> 00:31:01,934
Are you gonna watch
or you gonna help her?
697
00:31:03,762 --> 00:31:04,968
(SIGHS)
698
00:31:10,635 --> 00:31:12,478
You two have been on the road?
699
00:31:12,537 --> 00:31:16,610
Peconic Correctional Facility. Vince
Brandt signed the commitment papers.
700
00:31:16,675 --> 00:31:18,484
State head-shrinkers
701
00:31:18,577 --> 00:31:21,319
In the past year they
released three subway pushers
702
00:31:21,380 --> 00:31:23,883
and a man who dined
on his neighbor's liver.
703
00:31:23,949 --> 00:31:25,087
There's no other way.
704
00:31:25,150 --> 00:31:27,687
What about the way the state
legislature prescribes?
705
00:31:27,753 --> 00:31:30,393
They never conceived
of a Jenny Brandt.
706
00:31:31,823 --> 00:31:34,167
Legal Aid wants her
back at home.
707
00:31:34,359 --> 00:31:35,963
I'm not going to
let that happen.
708
00:31:36,161 --> 00:31:38,163
I don't want this office
coming off inhumane.
709
00:31:38,230 --> 00:31:41,677
Inhumane to whom? To Jenny or to the
society on which she wreaks havoc?
710
00:31:42,367 --> 00:31:44,369
What do you got planned
for the older girl? Attica?
711
00:31:45,637 --> 00:31:47,446
We cut a deal with the lawyer.
712
00:31:47,506 --> 00:31:49,986
She's pleading as
a juvenile offender.
713
00:31:50,041 --> 00:31:51,714
We're leaving sentencing
up to the judge.
714
00:31:51,943 --> 00:31:53,479
Wonderful.
(KNOCKING ON DOOR)
715
00:31:53,545 --> 00:31:56,185
Well, Jenny's lawyer
caught wind of it.
716
00:31:56,281 --> 00:31:58,727
She filed a motion to
stop the civil commitment.
717
00:31:58,784 --> 00:32:00,320
We'll fight it.
718
00:32:00,452 --> 00:32:03,626
Skoda convinced me,
he'll convince Judge Solomon.
719
00:32:03,922 --> 00:32:06,266
Jenny's lawyer has
an expert too.
720
00:32:07,159 --> 00:32:09,105
We've retained
Elizabeth Olivet.
721
00:32:10,095 --> 00:32:13,076
Wasn't Dr. Olivet formerly
affiliated with the D.A.'s office?
722
00:32:13,131 --> 00:32:15,771
And now she's in private practice,
specializing in children.
723
00:32:15,834 --> 00:32:18,280
She's examined Jenny and feels
that Mr. McCoy's position
724
00:32:18,336 --> 00:32:20,145
is based on
a bunch of voodoo psychology.
725
00:32:20,205 --> 00:32:21,878
With all due respect
to Dr. Olivet,
726
00:32:21,940 --> 00:32:24,420
a parent has a right to
commit a mentally ill child.
727
00:32:24,476 --> 00:32:27,616
Except the mother opposes it and
there's a family court charge pending.
728
00:32:27,679 --> 00:32:30,785
Aren't you usurping the authority
of the Family Court, Mr. McCoy?
729
00:32:30,849 --> 00:32:33,261
If that's a problem,
we'll drop the prosecution.
730
00:32:33,318 --> 00:32:34,626
Do you see what's
happening here?
731
00:32:34,686 --> 00:32:37,326
Mr. McCoy's short circuiting
Jenny's defense by committing her.
732
00:32:37,723 --> 00:32:39,896
I'm trying to protect
the public from a killer.
733
00:32:39,958 --> 00:32:41,562
You're making it up
as you go along.
734
00:32:41,626 --> 00:32:42,969
JUDGE: You know something,
Ms. Sharkey?
735
00:32:43,028 --> 00:32:44,905
We have a 10-year-old
killer here.
736
00:32:44,963 --> 00:32:46,840
Mr. McCoy's position
has some merit.
737
00:32:46,898 --> 00:32:47,899
Judge...
738
00:32:47,966 --> 00:32:49,274
I want to hear from
both your psychologists.
739
00:32:49,334 --> 00:32:52,315
And anyone else who has
some insight on this child.
740
00:32:52,371 --> 00:32:55,113
Then I'll rule,
on the whole ball of wax.
741
00:32:59,811 --> 00:33:03,349
JACK: After examining Miss
Brandt, what's your diagnosis?
742
00:33:03,682 --> 00:33:05,389
The child is a sociopath.
743
00:33:05,717 --> 00:33:07,390
In layman's terms?
744
00:33:07,486 --> 00:33:08,965
Enormous anger,
745
00:33:09,021 --> 00:33:11,126
which she directs
at other children.
746
00:33:11,189 --> 00:33:13,362
She's desensitized to violence,
747
00:33:13,425 --> 00:33:15,666
lacks empathy with her victims.
748
00:33:16,194 --> 00:33:19,141
Basically, she exists
in an emotional vacuum.
749
00:33:19,965 --> 00:33:22,036
Is this condition
likely to change?
750
00:33:22,100 --> 00:33:23,773
Sure. It'll get worse.
751
00:33:24,136 --> 00:33:27,481
She's already demonstrated a pattern
of escalating violent behavior.
752
00:33:27,539 --> 00:33:29,075
There's no reason
to think it'll end.
753
00:33:29,141 --> 00:33:32,315
In your opinion, did Jenny comprehend
that she was killing this boy?
754
00:33:32,878 --> 00:33:35,950
She's had fantasies
about it for at least a year.
755
00:33:36,014 --> 00:33:39,826
And she was perfectly clear to me
about killing her neighbor's cat.
756
00:33:39,885 --> 00:33:42,559
I don't see why it would
be any mystery to her.
757
00:33:48,527 --> 00:33:50,973
Jenny's never been in therapy,
right, Dr. Skoda?
758
00:33:51,730 --> 00:33:53,004
It wouldn't help.
759
00:33:53,064 --> 00:33:54,873
How can you possibly know that?
760
00:33:54,933 --> 00:33:58,278
She shows all the signs of
a recidivist violent predator,
761
00:33:58,336 --> 00:33:59,576
torturing small mammals...
762
00:33:59,638 --> 00:34:01,743
Are you trotting out
the McDonald's Triad?
763
00:34:01,806 --> 00:34:05,652
These so called predictors have been
discredited in over 20 studies.
764
00:34:06,144 --> 00:34:07,782
Okay, forget about predictors.
765
00:34:07,846 --> 00:34:09,826
She's already killed someone.
766
00:34:09,881 --> 00:34:11,588
SHARKEY: And you know,
she'll do it again.
767
00:34:11,650 --> 00:34:12,856
DR. SKODA: I know I don't
want to take that risk.
768
00:34:13,652 --> 00:34:16,132
If she were my patient,
she'd be institutionalized.
769
00:34:16,187 --> 00:34:19,191
So you'd give up on her without
even trying to treat her?
770
00:34:19,257 --> 00:34:21,863
I have no problem
trying to treat her,
771
00:34:22,127 --> 00:34:23,538
behind bars.
772
00:34:24,429 --> 00:34:27,535
A little dispassionate,
don't you think, Doctor?
773
00:34:28,266 --> 00:34:31,304
I'll save my compassion
for next kid she kills.
774
00:34:33,705 --> 00:34:36,185
DR. OLIVET: Jenny was in a car
accident when she was four.
775
00:34:36,241 --> 00:34:38,551
I ordered some
CT scans on her brain.
776
00:34:38,610 --> 00:34:40,385
There's frontal lobe damage.
777
00:34:40,445 --> 00:34:43,221
Studies link this with
poor impulse control.
778
00:34:43,281 --> 00:34:46,922
So in your opinion, is the cause of
Jenny's violent behavior organic?
779
00:34:46,985 --> 00:34:47,986
In part.
780
00:34:48,053 --> 00:34:50,829
I'm not saying her family
problems aren't a factor,
781
00:34:50,989 --> 00:34:54,061
but abuse alone doesn't
necessarily cause violence.
782
00:34:54,125 --> 00:34:56,127
SHARKEY: Is she responsible
for her actions?
783
00:34:56,194 --> 00:34:58,800
DR. OLIVET: My examination points
to identifiable biological
784
00:34:58,864 --> 00:35:02,311
and psychiatric factors which
diminish her culpability.
785
00:35:02,834 --> 00:35:05,747
Jenny doesn't process right and
wrong the way you and I do.
786
00:35:06,037 --> 00:35:08,449
And her fantasies
of harming a child?
787
00:35:08,506 --> 00:35:10,543
Everybody has
inappropriate fantasies.
788
00:35:10,609 --> 00:35:13,749
Given time, Jenny's
fantasies can be refocused.
789
00:35:13,812 --> 00:35:15,917
So her condition is reversible?
790
00:35:15,981 --> 00:35:17,654
It's worth a shot.
791
00:35:17,983 --> 00:35:20,896
There is no reason to
give up on this child.
792
00:35:24,089 --> 00:35:25,966
(WHISPERING INAUDIBLY)
793
00:35:29,995 --> 00:35:33,704
Dr. Olivet, is there any
medication for the kind of
794
00:35:33,899 --> 00:35:36,311
frontal lobe damage
you described?
795
00:35:36,835 --> 00:35:38,075
Not yet.
796
00:35:38,336 --> 00:35:40,316
Any drugs in FDA trials?
797
00:35:40,639 --> 00:35:44,985
No. And I know all about Dr. Skoda and
his penchant for easy chemical fixes.
798
00:35:45,043 --> 00:35:46,044
But there are other therapies.
799
00:35:46,478 --> 00:35:48,981
Talk therapy,
behavior modification.
800
00:35:49,214 --> 00:35:50,420
JACK: Do they work?
801
00:35:50,482 --> 00:35:52,359
Sometimes they do,
sometimes they don't.
802
00:35:52,417 --> 00:35:55,261
And if they don't,
Jenny Brandt will kill again?
803
00:35:55,320 --> 00:35:57,926
Nobody knows that,
not even Dr. Skoda.
804
00:35:58,156 --> 00:36:00,466
But there are no guarantees,
are there?
805
00:36:00,525 --> 00:36:03,062
I'll give you
one guarantee, Mr. McCoy.
806
00:36:03,128 --> 00:36:06,769
You lock this child away in an
asylum for the criminally insane,
807
00:36:06,831 --> 00:36:10,404
and you're wasting whatever
chance you have of fixing her.
808
00:36:15,340 --> 00:36:18,787
Jack, I don't get it. Why are
you going after this kid?
809
00:36:19,110 --> 00:36:20,817
She killed a little boy.
810
00:36:20,879 --> 00:36:22,950
I thought you were
a victims advocate?
811
00:36:23,014 --> 00:36:26,928
I am. But I don't like to see a colleague
who has no clinical expertise in children
812
00:36:26,985 --> 00:36:29,329
trying to put away
a 10-year-old.
813
00:36:29,421 --> 00:36:32,527
I think all that expertise
has turned you soft, Liz.
814
00:36:32,591 --> 00:36:35,333
Too bad we don't have
time for 10 rounds.
815
00:36:38,396 --> 00:36:41,434
Everything was fine with Jenny
until Vince went to jail.
816
00:36:41,500 --> 00:36:44,811
SHARKEY: When Jenny started to have
problems in school, Mrs. Brandt,
817
00:36:45,136 --> 00:36:47,207
did you do anything about it?
818
00:36:47,272 --> 00:36:49,183
Oh, Jenny and I would talk.
819
00:36:49,240 --> 00:36:52,710
She said the boys she hurt
were teasing her or something,
820
00:36:52,777 --> 00:36:54,381
so she had to fight back.
821
00:36:55,113 --> 00:36:59,255
I tried to teach her not to be so physical,
but I guess it just didn't get through.
822
00:36:59,317 --> 00:37:02,321
Do you realize now that your
daughter has a serious problem?
823
00:37:02,387 --> 00:37:04,162
Oh, believe me, I do.
824
00:37:04,856 --> 00:37:07,564
I'm so sorry for the
parents of that boy.
825
00:37:08,827 --> 00:37:10,602
If you send Jenny home,
Your Honor,
826
00:37:10,662 --> 00:37:13,142
I will do everything
I can to help her.
827
00:37:13,665 --> 00:37:15,576
I promise I'll
watch her like a hawk.
828
00:37:15,634 --> 00:37:17,841
This will never happen again.
829
00:37:26,077 --> 00:37:28,216
So the point is, Ms. Brandt,
830
00:37:28,914 --> 00:37:31,155
you didn't watch her
like a hawk?
831
00:37:31,549 --> 00:37:32,789
I tried.
832
00:37:33,051 --> 00:37:35,258
You said you talked to her when
she got in trouble in school,
833
00:37:35,320 --> 00:37:37,596
but did you do
anything about it?
834
00:37:38,256 --> 00:37:39,462
Well, I grounded her.
835
00:37:39,524 --> 00:37:41,162
You grounded her.
836
00:37:41,593 --> 00:37:43,231
Well, what else could I do?
837
00:37:44,562 --> 00:37:46,269
Did you consult a therapist?
838
00:37:47,065 --> 00:37:48,066
No.
839
00:37:48,133 --> 00:37:50,010
Did you investigate
any intervention programs?
840
00:37:51,069 --> 00:37:52,070
No.
841
00:37:52,170 --> 00:37:55,208
Did you do anything about it when
she killed your neighbor's cat?
842
00:37:55,273 --> 00:37:56,775
I didn't know she did that.
843
00:37:56,841 --> 00:37:59,082
Do you have any reason to think
844
00:37:59,778 --> 00:38:02,850
that there's anything
you could do to stop her?
845
00:38:05,083 --> 00:38:06,153
I don't know.
846
00:38:06,217 --> 00:38:09,596
So Jenny's just out there
terrorizing other children?
847
00:38:09,654 --> 00:38:11,634
No, she's not a monster.
848
00:38:12,624 --> 00:38:14,729
Please don't take her
away from me.
849
00:38:14,793 --> 00:38:16,864
She's...
She's my best friend.
850
00:38:17,529 --> 00:38:19,440
(SOFTLY) Please, don't.
851
00:38:31,843 --> 00:38:35,723
Your Honor,
my client is 10 years old.
852
00:38:36,548 --> 00:38:39,051
She has teddy bears
on her bedspread
853
00:38:39,217 --> 00:38:42,460
and a Big Bird piggy bank
filled with pennies.
854
00:38:43,588 --> 00:38:46,432
And she killed a child.
855
00:38:47,125 --> 00:38:51,801
It's so incongruous,
it's almost inconceivable.
856
00:38:52,864 --> 00:38:55,606
Dr. Olivet has testified that,
because of her age,
857
00:38:55,667 --> 00:38:58,409
and because of the way
her brain works,
858
00:38:58,470 --> 00:39:01,974
she simply couldn't appreciate
that as she struck Aaron Polansky
859
00:39:02,040 --> 00:39:04,384
with a rock,
she was killing him.
860
00:39:04,476 --> 00:39:08,720
Jenny thought she could revive him
with a one-and-a-half-volt battery.
861
00:39:09,848 --> 00:39:11,657
It speaks for itself.
862
00:39:12,550 --> 00:39:16,259
Mr. McCoy's position is to ignore
the question of responsibility
863
00:39:16,521 --> 00:39:18,831
and brand Jenny Brandt
a killer.
864
00:39:18,990 --> 00:39:21,937
She'll never change,
we have to put her away.
865
00:39:23,561 --> 00:39:25,063
People change.
866
00:39:26,197 --> 00:39:29,076
If anyone can change,
it's a child.
867
00:39:31,436 --> 00:39:33,712
And Dr. Olivet
has emphasized
868
00:39:33,772 --> 00:39:37,049
that this will not happen
in a state mental hospital.
869
00:39:37,108 --> 00:39:40,487
Mr. McCoy's solution
is a solution of last resort.
870
00:39:43,915 --> 00:39:45,121
Please,
871
00:39:46,217 --> 00:39:48,322
don't give up on her, Judge.
872
00:39:54,325 --> 00:39:56,532
Jenny got dealt a lousy hand.
873
00:39:56,961 --> 00:39:59,407
I look at her
with pity and regret.
874
00:39:59,898 --> 00:40:02,037
But Jenny Brandt is trouble.
875
00:40:02,200 --> 00:40:05,943
She battered Aaron Polansky's
head and stuffed him in a pipe.
876
00:40:07,906 --> 00:40:12,184
Ms. Sharkey wants us to believe that
she didn't appreciate what she did.
877
00:40:12,243 --> 00:40:13,745
I don't agree.
878
00:40:14,445 --> 00:40:16,948
Jenny daydreams
about killing small boys.
879
00:40:17,015 --> 00:40:19,689
She even had atrial run
with a cat.
880
00:40:19,818 --> 00:40:23,459
But ultimately what she could or
could not appreciate is irrelevant.
881
00:40:24,756 --> 00:40:26,599
Jenny is a loaded gun.
882
00:40:26,658 --> 00:40:28,467
She's a cocked fist
with a rock in it.
883
00:40:28,526 --> 00:40:31,632
She needs to be stopped,
before she kills again.
884
00:40:35,133 --> 00:40:41,106
Dr. Olivet talks about sending Jenny to a
state institution like it's a death sentence.
885
00:40:41,840 --> 00:40:44,184
That turns the world
upside down.
886
00:40:44,275 --> 00:40:46,778
Aaron Polansky
got a death sentence.
887
00:40:48,213 --> 00:40:49,658
Jenny would get treatment.
888
00:40:49,714 --> 00:40:53,924
Now everybody knows, state
psychiatric care could be better.
889
00:40:55,386 --> 00:40:58,367
But letting Jenny get away with
murder won't help this girl.
890
00:40:58,423 --> 00:41:00,460
How will she ever appreciate
891
00:41:00,525 --> 00:41:03,563
that her actions have
consequences if there are none.
892
00:41:03,628 --> 00:41:05,630
And how many
children will she kill,
893
00:41:05,697 --> 00:41:09,167
before the adult criminal
Justice System can take over.
894
00:41:09,634 --> 00:41:11,739
Do we have to wait and see?
895
00:41:13,071 --> 00:41:16,541
Ms. Sharkey would like us to
cross our fingers and hope,
896
00:41:17,475 --> 00:41:19,716
hope that it won't
happen again.
897
00:41:22,180 --> 00:41:24,285
I have my own kind of hope.
898
00:41:24,516 --> 00:41:27,690
I hope the state doctors can
find a way to fix this girl.
899
00:41:28,586 --> 00:41:30,896
I hope that it takes
six months,
900
00:41:31,456 --> 00:41:33,129
but until they do,
901
00:41:33,258 --> 00:41:36,171
we can't afford Ms. Sharkey's
brand of hope.
902
00:41:36,261 --> 00:41:39,367
We need to protect the Aaron
Polansky's of this world,
903
00:41:39,430 --> 00:41:41,103
from Jenny Brandt.
904
00:41:47,305 --> 00:41:48,841
Thank you both.
905
00:41:49,407 --> 00:41:51,751
I'll render my
decision tomorrow.
906
00:41:53,111 --> 00:41:54,715
We're adjourned.
907
00:41:56,047 --> 00:41:59,358
Sharkey gave a good closing
I'd say it's a tossup.
908
00:42:00,118 --> 00:42:02,564
You comfortable with
your position?
909
00:42:03,121 --> 00:42:05,328
It's quite a row your hoeing.
910
00:42:06,024 --> 00:42:08,197
You don't think it
keeps me up at night?
911
00:42:08,259 --> 00:42:10,239
Nobody twisted your arm.
912
00:42:10,662 --> 00:42:13,802
Would you want this kid loose
in your neighborhood?
913
00:42:13,865 --> 00:42:16,607
The public is tired
of violent children
914
00:42:16,668 --> 00:42:18,614
being sent to bed
without their dessert.
915
00:42:19,570 --> 00:42:21,811
Five countries in the world
execute their children.
916
00:42:22,340 --> 00:42:23,785
And we're one of 'em.
917
00:42:23,841 --> 00:42:25,081
Where do we draw the line?
918
00:42:25,143 --> 00:42:28,283
On a case by case basis,
like we always do.
919
00:42:28,479 --> 00:42:33,189
Now we condemn this 10-year-old
to state psychiatric care.
920
00:42:33,618 --> 00:42:34,688
Yes.
921
00:42:34,786 --> 00:42:37,096
It's the worst
possible solution,
922
00:42:37,155 --> 00:42:38,998
except for all the others.
923
00:42:39,090 --> 00:42:40,933
And if Olivet is right?
924
00:42:43,194 --> 00:42:45,333
That's why I'm not sleeping.
925
00:42:48,132 --> 00:42:49,907
JUDGE:
What we have before us,
926
00:42:50,368 --> 00:42:52,348
is an angry little girl,
927
00:42:52,837 --> 00:42:56,944
who killed because of
some deep turmoil,
928
00:42:57,408 --> 00:43:00,321
no one can adequately
explain to me.
929
00:43:01,245 --> 00:43:04,351
But I'm convinced,
based on her age,
930
00:43:04,649 --> 00:43:06,629
and psychiatric make-up,
931
00:43:07,085 --> 00:43:10,760
that Jenny did not understand the
consequences of her actions.
932
00:43:10,822 --> 00:43:14,235
And if I believe she's not
responsible for what she's done,
933
00:43:15,159 --> 00:43:17,469
I can't deny her the chance
934
00:43:17,528 --> 00:43:20,202
to evolve into
a healthy young woman.
935
00:43:21,933 --> 00:43:26,279
I must hold out hope that she can
be treated, and rehabilitated.
936
00:43:26,337 --> 00:43:30,080
And I don't think that's going
to happen in a state hospital.
937
00:43:31,109 --> 00:43:35,615
Mr. McCoy's fears about Jenny's
future are well founded.
938
00:43:36,647 --> 00:43:39,457
But I won't lock a child away
because of a fear,
939
00:43:39,517 --> 00:43:41,963
or a prediction
of future behavior.
940
00:43:42,820 --> 00:43:45,926
I'm quashing your
commitment papers, Mr. McCoy,
941
00:43:46,224 --> 00:43:48,932
and releasing Jenny to the
custody of her mother.
942
00:43:48,993 --> 00:43:52,406
Ms. Brandt,
get help for your daughter.
943
00:43:53,264 --> 00:43:57,542
You and I are going to have a
standing monthly appointment.
944
00:43:58,102 --> 00:44:00,708
I want to know what's
happening with this child.
945
00:44:01,606 --> 00:44:03,085
We're adjourned.
946
00:44:03,141 --> 00:44:04,745
(GAVEL POUNDING)
947
00:44:05,510 --> 00:44:06,614
(JENNY LAUGHS)
948
00:44:09,747 --> 00:44:12,660
Someone should call
Aaron Polansky's mother.
949
00:44:13,151 --> 00:44:15,392
I'll call her from the office.
950
00:44:15,442 --> 00:44:19,992
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