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In the criminal
justice system...
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00:00:03,029 --> 00:00:04,690
sexually-based offenses
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00:00:04,763 --> 00:00:06,458
are considered
especially heinous.
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00:00:06,766 --> 00:00:08,960
In New York City,
the dedicated detectives
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00:00:09,035 --> 00:00:10,833
who investigate
these vicious felonies...
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00:00:10,903 --> 00:00:12,598
are members of an elite squad
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known as
the Special Victims Unit.
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These are their stories.
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Let go, it's mine.
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00:00:28,854 --> 00:00:31,549
Okay, now it's mine.
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Hey, boys, here you go.
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00:00:40,198 --> 00:00:41,187
Come on, man,
let's go.
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Play nice.
Hey, Mama.
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00:00:43,668 --> 00:00:45,568
Get away from here. Right now.
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00:00:45,638 --> 00:00:48,538
What, bitch?
I think you need to chill.
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00:00:48,606 --> 00:00:49,596
Charlie, can you send...
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00:00:57,449 --> 00:00:58,574
Help!
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00:00:59,150 --> 00:01:01,243
God, please, somebody help!
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00:01:04,556 --> 00:01:05,853
Oh, Jesus!
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00:01:05,924 --> 00:01:09,917
Come here. Help!
Somebody, please!
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00:01:12,030 --> 00:01:14,328
Help me! Help!
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00:01:21,339 --> 00:01:22,533
What?
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There was a shooting
at P.S. 387 in East Harlem...
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six year old girl,
died at the scene.
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They're bringing
the shooter up now.
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Why did we catch it?
27
00:01:32,884 --> 00:01:35,249
Brass thinks we're
better equipped to handle him.
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00:01:35,319 --> 00:01:37,309
Good. Bring on the pervert.
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00:02:41,117 --> 00:02:44,280
Does that look like
a cold-blooded killer to you?
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00:02:46,622 --> 00:02:48,589
Where are we on the parents?
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Both of them called in sick today.
Nobody knows how to find them.
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00:02:51,628 --> 00:02:54,061
Well, that fills in
a few blanks for me.
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00:02:54,163 --> 00:02:56,324
Can you even charge
a 7-year-old with murder?
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Technically, he just made
the cutoff. Det. Benson?
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00:02:59,367 --> 00:03:00,493
Yes.
36
00:03:00,569 --> 00:03:03,164
You left a message. Our son,
Elias, was involved in a shooting?
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00:03:03,238 --> 00:03:05,900
They gave this address,
not a hospital, is he...
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00:03:05,974 --> 00:03:07,464
Oh, God!
Please say he's alive.
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00:03:07,542 --> 00:03:10,306
Mrs. Barrera, I'm sorry
about the misunderstanding.
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00:03:10,379 --> 00:03:12,176
Elias wasn't the one
who was shot.
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00:03:12,248 --> 00:03:15,273
Oh, thank God.
He was the shooter.
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00:03:16,384 --> 00:03:17,408
What?
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00:03:17,486 --> 00:03:19,784
Sir, do you own a gun?
No.
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00:03:19,855 --> 00:03:22,653
Does your son have access
to one? I don't know how.
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00:03:22,723 --> 00:03:24,783
He's either at home, school,
or his sitter's.
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00:03:24,859 --> 00:03:27,624
And who's that?
Mrs. Strada. Where's our son?
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We want to talk
to him with you.
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00:03:30,365 --> 00:03:32,356
But we can't do that
without your permission.
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00:03:32,434 --> 00:03:34,061
If you would sign
a Miranda waiver...
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00:03:34,136 --> 00:03:36,434
Fine. That's fine.
Just let us see him.
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00:03:36,504 --> 00:03:38,530
Okay, come with me please.
52
00:03:43,544 --> 00:03:45,706
You run them through
License Division?
53
00:03:45,780 --> 00:03:47,372
He had no guns registered.
54
00:03:47,449 --> 00:03:49,781
Of course, the serial number
was filed off the gun he used.
55
00:03:49,850 --> 00:03:53,115
Punched them in the system, clean
sheets. No arrests, no warrant.
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00:03:53,188 --> 00:03:55,122
We were at the emergency room
all morning.
57
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My baby girl was born
with a respiratory problem.
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00:03:57,392 --> 00:03:59,222
We had to leave her
at the hospital.
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00:03:59,293 --> 00:04:02,388
Why don't you
take a seat here. Elias?
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00:04:13,874 --> 00:04:15,842
It's okay. All right.
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00:04:16,177 --> 00:04:19,111
Elias, why don't we
have you sit right here.
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00:04:19,812 --> 00:04:22,839
Hi, Elias, I'm Elliot.
How are you doing?
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00:04:23,984 --> 00:04:26,509
We're going to talk today,
is that okay?
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00:04:27,087 --> 00:04:28,782
Do you like school?
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00:04:28,956 --> 00:04:31,117
What grade are you in?
Second.
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00:04:31,225 --> 00:04:34,092
Second. That's a good grade.
I like second grade.
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00:04:34,360 --> 00:04:36,225
What's your favorite subject?
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00:04:38,465 --> 00:04:42,561
Okay. We're going to talk a little
bit about what happened today. Okay?
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00:04:44,104 --> 00:04:46,163
Do you know Carly Jackson?
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00:04:46,640 --> 00:04:47,664
Yeah?
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00:04:47,875 --> 00:04:49,967
What can you tell me
about Carly?
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00:04:50,643 --> 00:04:52,305
She's a girl.
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00:04:54,314 --> 00:04:55,406
Yeah.
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00:04:57,117 --> 00:04:58,105
Yeah.
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00:04:58,885 --> 00:05:00,444
You like Carly?
76
00:05:02,855 --> 00:05:04,550
No? How come?
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00:05:05,391 --> 00:05:07,416
She's always bothering me.
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00:05:07,793 --> 00:05:09,557
How does she bother you?
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00:05:09,896 --> 00:05:12,227
She chases me.
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00:05:13,066 --> 00:05:15,159
She tries to kiss me.
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00:05:15,768 --> 00:05:16,860
Okay.
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00:05:18,037 --> 00:05:21,234
Can you tell me what happened
to Carly at recess?
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00:05:24,110 --> 00:05:25,577
She fell down.
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00:05:28,214 --> 00:05:30,148
What made her fall down?
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00:05:36,422 --> 00:05:37,684
The gun.
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00:05:39,025 --> 00:05:41,492
The gun. Okay.
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00:05:44,863 --> 00:05:46,728
Who's holding the gun?
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00:05:48,767 --> 00:05:50,793
Is Carly going to be okay?
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00:05:55,441 --> 00:05:58,102
Elias, tell me
who had the gun.
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00:06:02,981 --> 00:06:04,141
I did.
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00:06:05,917 --> 00:06:08,977
You know what, I think we should
get a lawyer before we go on.
92
00:06:09,054 --> 00:06:13,013
Okay, sir. That's fine. You get a
lawyer. We got a phone out there.
93
00:06:13,091 --> 00:06:14,752
He has to stay with us, okay.
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00:06:15,359 --> 00:06:16,383
Get Fin.
95
00:06:16,461 --> 00:06:19,191
Check out friends, family,
neighbors, school...
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00:06:19,264 --> 00:06:21,323
anyone he could have
got that gun from.
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00:06:21,767 --> 00:06:25,567
As slipshod as the screening process
is, I doubt he bought it himself.
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00:06:29,140 --> 00:06:32,372
Watch it. Watch your back.
Come on.
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00:06:45,756 --> 00:06:47,690
Elias and Carly fight a lot?
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00:06:47,759 --> 00:06:50,023
Neither had been sent
to my office.
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00:06:50,461 --> 00:06:53,362
Where were you when it
happened? Over there.
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00:06:54,198 --> 00:06:58,327
I ran to her, called for help,
and then I saw Elias.
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00:06:58,936 --> 00:07:00,493
Where exactly?
104
00:07:01,340 --> 00:07:03,467
Putting the gun
in the garbage can.
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00:07:07,244 --> 00:07:09,837
Elias said that Carly
picked on him.
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00:07:10,613 --> 00:07:13,048
Carly was the sweetest
little girl.
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00:07:15,686 --> 00:07:17,550
Did we miss something?
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00:07:18,154 --> 00:07:21,591
He wasn't a troublemaker.
He didn't even talk in line.
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00:07:26,630 --> 00:07:30,087
He's always been an angel.
What made Elias do this?
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00:07:30,834 --> 00:07:32,699
That's what we're
trying to find out.
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00:07:32,769 --> 00:07:35,829
Mrs. Strada, do you keep
a gun here on the premises?
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00:07:37,173 --> 00:07:38,197
Please.
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00:07:38,275 --> 00:07:41,266
The kids you watch, could any
of them have brought one in here?
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00:07:41,344 --> 00:07:42,936
Absolutely not.
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00:07:43,013 --> 00:07:45,879
You wouldn't happen to have a phone
list for the parents, would you?
116
00:07:45,949 --> 00:07:48,179
Of course I do. Work and home.
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00:07:48,551 --> 00:07:50,177
By the phone desk over there.
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00:07:50,253 --> 00:07:52,550
Yeah, we'll need
a copy of that.
119
00:07:54,791 --> 00:07:57,453
Rudy, it's Buddy's turn.
120
00:08:02,364 --> 00:08:05,333
Ma'am, are you responsible
for every kid around here?
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00:08:05,702 --> 00:08:08,169
Yes. They don't talk
to strangers...
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00:08:08,304 --> 00:08:10,999
they don't leave the courtyard
without an adult.
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00:08:11,073 --> 00:08:13,769
I take my job very seriously,
young man.
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00:08:14,244 --> 00:08:17,805
Okay, Sammy,
where did Elias get the gun?
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00:08:18,313 --> 00:08:19,803
From his pants.
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00:08:19,882 --> 00:08:22,010
Before that?
I don't know.
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00:08:22,084 --> 00:08:24,245
Did he ever talk about having a gun? No.
128
00:08:24,319 --> 00:08:26,947
When's the first time
you saw the gun?
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00:08:28,689 --> 00:08:30,454
When he shot Carly.
130
00:08:30,760 --> 00:08:32,784
Why did Elias shoot Carly?
131
00:08:33,328 --> 00:08:34,920
I don't know.
132
00:08:34,998 --> 00:08:36,589
She pick on him a lot?
133
00:08:38,534 --> 00:08:40,729
She kissed him all the time.
134
00:08:41,970 --> 00:08:44,200
What would he do
when she kissed him?
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00:08:44,272 --> 00:08:46,331
His face would get all red.
136
00:08:46,408 --> 00:08:48,501
Did she try
to kiss him that day?
137
00:08:48,944 --> 00:08:50,878
She was walking over.
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00:08:51,980 --> 00:08:54,175
Cabot's hell bent
on charging the parents.
139
00:08:54,249 --> 00:08:57,377
Parental responsibility. It's a
hot-button issue. That's all it is.
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00:08:57,453 --> 00:08:59,011
Well, we've got
no ammunition for her.
141
00:08:59,086 --> 00:09:00,576
Nothing about this
makes sense.
142
00:09:00,656 --> 00:09:02,384
Child homicides never do.
143
00:09:03,324 --> 00:09:06,192
What happened to that little boy
to make him want to take a life?
144
00:09:06,261 --> 00:09:08,889
Elliot, you're searching for
a way to make him a victim.
145
00:09:08,964 --> 00:09:11,660
The only victim here
is a dead little girl.
146
00:09:13,134 --> 00:09:14,601
Hi, can we help you?
147
00:09:14,669 --> 00:09:18,036
Yes, I'm Sonia Paredes,
Elias Barrera's teacher.
148
00:09:19,173 --> 00:09:23,473
The limit for class size is supposed
to be 32 students. I have 40.
149
00:09:23,578 --> 00:09:26,742
It must make it kind of hard to give
each student the attention they need.
150
00:09:26,814 --> 00:09:28,179
Impossible.
151
00:09:28,516 --> 00:09:31,611
I was in the teachers' lounge
when they told us.
152
00:09:31,819 --> 00:09:34,982
When they said it was Elias,
I got physically ill.
153
00:09:35,156 --> 00:09:38,125
Mrs. Paredes, is there something
that you want to show us?
154
00:09:38,758 --> 00:09:41,922
After 20 years of teaching,
nothing shocks you anymore.
155
00:09:43,131 --> 00:09:45,121
I wish this had.
156
00:09:48,336 --> 00:09:50,166
When did he draw this?
157
00:09:50,504 --> 00:09:51,869
Yesterday.
158
00:09:53,508 --> 00:09:55,372
Carly had a ponytail.
159
00:09:59,079 --> 00:10:00,911
Charge the boy.
With what?
160
00:10:00,982 --> 00:10:02,506
Murder.
He's seven.
161
00:10:02,582 --> 00:10:05,245
Yes, and if he were six, I would
send him home with his parents...
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00:10:05,318 --> 00:10:06,377
as the law mandates.
163
00:10:06,453 --> 00:10:10,048
But he's not. The law is
not interpretive, Counselor.
164
00:10:10,124 --> 00:10:12,182
It is to be
very narrowly construed.
165
00:10:12,259 --> 00:10:14,989
He can be charged. He can,
but you know as well as I do...
166
00:10:15,061 --> 00:10:17,029
that the youngest
they've ever convicted was 11.
167
00:10:17,097 --> 00:10:18,497
Yes, but that was
pre-Columbine.
168
00:10:18,566 --> 00:10:20,193
Since then, there's been
an epidemic...
169
00:10:20,268 --> 00:10:21,962
of ever younger kids
killing kids...
170
00:10:22,035 --> 00:10:24,266
with no consequence.
People are fed up with it.
171
00:10:24,337 --> 00:10:26,737
And you're bored of being
the Chief Assistant DA.
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00:10:26,806 --> 00:10:28,831
I know you're looking
to replace Lewin next fall...
173
00:10:28,908 --> 00:10:31,901
but let me tell you, if you think
you could put a little boy in jail...
174
00:10:31,977 --> 00:10:35,779
just so you can prove you're tough
on crime, you've got to be kidding.
175
00:10:37,651 --> 00:10:40,848
He's old enough to know the
difference between right and wrong.
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00:10:41,087 --> 00:10:43,521
But not to understand the
consequences of his actions.
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00:10:43,589 --> 00:10:47,025
He brought a gun to school.
He knew what he was doing.
178
00:10:47,326 --> 00:10:50,489
And this,
that gives us intent.
179
00:10:51,964 --> 00:10:54,058
Why don't you just apply
for a change of venue...
180
00:10:54,134 --> 00:10:55,931
to Texas so we can
have him executed?
181
00:10:56,002 --> 00:10:58,629
No, Manhattan Family Court
will be sufficient.
182
00:11:00,906 --> 00:11:02,840
Ms. Cabot,
am I reading this right...
183
00:11:02,908 --> 00:11:04,876
you're charging
a 7-year-old with murder?
184
00:11:04,944 --> 00:11:06,434
Yes, Your Honor.
185
00:11:06,512 --> 00:11:08,639
Surely there's an alternative.
186
00:11:08,714 --> 00:11:10,875
One has yet to present itself.
187
00:11:11,050 --> 00:11:14,213
The commission of the crime by
the respondent is undisputed.
188
00:11:14,287 --> 00:11:17,687
And evidence supporting criminal
intent has just come to light.
189
00:11:17,756 --> 00:11:21,123
How does the minor plead?
General denial, Your Honor.
190
00:11:21,193 --> 00:11:22,819
Remand recommendations?
191
00:11:22,895 --> 00:11:26,557
The People have not ruled out the minor's
home situation as a contributing factor.
192
00:11:26,632 --> 00:11:29,066
We therefore ask for the removal
of the minor from his home...
193
00:11:29,134 --> 00:11:31,227
and ask that he be remanded
to a detention facility...
194
00:11:31,303 --> 00:11:32,361
pending trial.
195
00:11:32,438 --> 00:11:35,601
Your Honor, the Barreras are a
loving, law-abiding, nuclear family.
196
00:11:35,674 --> 00:11:37,539
Elias should be released
into their custody.
197
00:11:37,609 --> 00:11:39,201
The Barreras have ties
outside the country.
198
00:11:39,278 --> 00:11:41,336
Flight risk is a significant
issue with the People...
199
00:11:41,413 --> 00:11:43,904
and the victim's family
who is here today.
200
00:11:44,215 --> 00:11:47,913
I'm ordering the minor be remanded
to the Wagner Detention Facility.
201
00:11:48,120 --> 00:11:50,485
I'm further ordering
a clinical evaluation...
202
00:11:50,556 --> 00:11:53,786
to determine whether or not he
understands the charges against him...
203
00:11:53,859 --> 00:11:55,587
and can help
in his own defense.
204
00:11:57,061 --> 00:12:00,360
No! Please, don't take my baby. Mommy!
205
00:12:00,431 --> 00:12:01,796
Oh, please!
206
00:12:16,881 --> 00:12:19,247
Olivia, can you believe
they ran this picture?
207
00:12:20,417 --> 00:12:23,216
Already a couple of hundred people
hanging outside the courthouse.
208
00:12:23,287 --> 00:12:25,118
Who'd have guessed
there'd be backlash...
209
00:12:25,189 --> 00:12:27,714
against charging a 7-year-old
with murder?
210
00:12:27,792 --> 00:12:31,785
Amnesty International, Children's
Defense Fund. Alex Cabot.
211
00:12:31,862 --> 00:12:34,797
I didn't want to charge him with
murder. I didn't have any choice.
212
00:12:34,866 --> 00:12:37,926
Now that you've got him in
the big house, is he spilling?
213
00:12:38,036 --> 00:12:39,525
Why he did it?
Where he got the gun?
214
00:12:39,603 --> 00:12:42,664
No, he's completely withdrawn. He
won't even talk to the social worker.
215
00:12:42,740 --> 00:12:47,074
How about spending less time on the kid
we caught, more on the adult we didn't.
216
00:12:47,210 --> 00:12:49,111
What did we send
License Division?
217
00:12:49,179 --> 00:12:52,273
The names of parents of the
other kids Mrs. Strada watches.
218
00:12:52,349 --> 00:12:55,750
Really? Well, guess
what Reyna McCreary owns?
219
00:12:55,986 --> 00:12:58,147
He did not get that gun
from my son.
220
00:12:58,221 --> 00:13:00,689
The gun registered in your name
is still in your possession?
221
00:13:00,757 --> 00:13:03,191
Yes, it is. You mind
if we take a peek at it?
222
00:13:03,260 --> 00:13:04,557
Yes, I do.
223
00:13:06,263 --> 00:13:09,630
There. You satisfied?
Put the gun down on the table.
224
00:13:11,435 --> 00:13:13,334
You carry that around
in your purse?
225
00:13:13,403 --> 00:13:16,736
You know, sometimes I don't
leave the hospital till 3:00 a. m.
226
00:13:16,807 --> 00:13:18,570
I have to take a subway,
a bus...
227
00:13:18,642 --> 00:13:21,042
and walk four blocks through
this neighborhood to get home.
228
00:13:21,111 --> 00:13:23,545
You know, carrying a
concealed weapon is a felony.
229
00:13:23,613 --> 00:13:26,844
I don't. I leave it here so the
appliances can defend themselves.
230
00:13:26,916 --> 00:13:29,976
You have a child living here. You
have a safe place to store this gun?
231
00:13:30,052 --> 00:13:31,644
Of course I do.
232
00:13:31,787 --> 00:13:33,778
Raphael. Get a move on.
233
00:13:33,889 --> 00:13:36,552
We're leaving in 10 seconds.
Coming.
234
00:13:38,394 --> 00:13:40,955
What's up? Raphael, right?
235
00:13:41,198 --> 00:13:43,223
Yeah.
You know Elias?
236
00:13:43,567 --> 00:13:44,726
Yeah.
237
00:13:44,800 --> 00:13:46,392
You heard about what happened?
238
00:13:46,469 --> 00:13:48,835
Yeah, he popped
that little girl.
239
00:13:50,239 --> 00:13:52,537
Lightweight,
compact hammerless.
240
00:13:52,609 --> 00:13:54,473
So simple,
even a 7-year-old can use it.
241
00:13:54,543 --> 00:13:58,274
This one especially. Safety's
tampered with, hair trigger.
242
00:13:58,347 --> 00:14:00,008
Gangbanger, drug dealer.
243
00:14:00,082 --> 00:14:03,415
Doesn't have the overkill they're
partial to, but not bad as a backup piece.
244
00:14:03,485 --> 00:14:04,952
Chambered round fits.
245
00:14:05,020 --> 00:14:08,147
Add a full clip, they get that
one extra bang for the buck.
246
00:14:08,223 --> 00:14:10,125
And speaking of the bang...
247
00:14:11,260 --> 00:14:14,195
the bullet Rodgers sent us,
after the autopsy.
248
00:14:15,397 --> 00:14:16,489
Hollow point?
249
00:14:16,565 --> 00:14:19,261
See the smooth edges where
it peeled apart on impact?
250
00:14:19,334 --> 00:14:22,235
The tip was filed down
in an "X" pattern, by hand.
251
00:14:23,005 --> 00:14:26,167
Little girl didn't have a
chance. Neither did this guy.
252
00:14:27,275 --> 00:14:29,210
It's hard to compare
the lands and grooves...
253
00:14:29,278 --> 00:14:31,906
because of their condition,
but look at the base.
254
00:14:31,980 --> 00:14:33,846
Here's a side-by-side
comparison.
255
00:14:33,915 --> 00:14:36,214
Same right twist,
same riflings.
256
00:14:36,284 --> 00:14:39,219
Where'd you get this one from?
A 23-year-old.
257
00:14:39,888 --> 00:14:42,049
Your gun's got
a second body on it.
258
00:14:46,861 --> 00:14:49,330
Shorty Esposito.
Latino male, 23.
259
00:14:49,397 --> 00:14:52,457
Got smoked in the ticker. Night
before your case. Close range.
260
00:14:52,534 --> 00:14:55,503
Got dumped in an alley a couple of
blocks from where your kid lives.
261
00:14:55,569 --> 00:14:57,800
You getting anywhere with it?
No, the case is cold.
262
00:14:57,872 --> 00:15:00,705
We were hoping maybe your
7-year-old did our guy, too.
263
00:15:00,774 --> 00:15:02,264
How do we know he didn't?
264
00:15:02,342 --> 00:15:05,642
M.E. makes our shooter a good four
inches taller than our stiff, so...
265
00:15:05,713 --> 00:15:07,476
Want to swap five's?
266
00:15:09,083 --> 00:15:12,540
Two busts for drug possession, just
short of enough for intent to sell.
267
00:15:12,619 --> 00:15:15,452
Mother swears by all known
saints he wasn't a dealer.
268
00:15:15,523 --> 00:15:17,217
We think drug deal gone south.
269
00:15:17,291 --> 00:15:20,727
Let's canvass the area between these
two. Got to be a link in there somewhere.
270
00:15:20,794 --> 00:15:22,956
Hold on. Elliot,
look at his pants.
271
00:15:24,031 --> 00:15:25,760
This can't be a coincidence.
272
00:15:25,833 --> 00:15:28,064
Heck, we might have
just found our link.
273
00:15:30,971 --> 00:15:34,099
Yeah, that guy I maybe seen
around. Tell me about him.
274
00:15:35,275 --> 00:15:37,504
He likes bubble baths
and long walks.
275
00:15:37,578 --> 00:15:39,945
I don't know jack about him.
I seen him on the block.
276
00:15:40,013 --> 00:15:42,038
With anyone in particular?
277
00:15:42,149 --> 00:15:44,117
You been following this story?
Who hasn't.
278
00:15:44,985 --> 00:15:47,510
Little boy who shot this girl
did it with the same gun...
279
00:15:47,588 --> 00:15:49,350
that was used
to whack this guy.
280
00:15:49,423 --> 00:15:52,688
Tell us what you know about this
guy? I know nothing about the guy.
281
00:15:52,758 --> 00:15:56,092
The stuff he was into, I don't want
to know. And what stuff would that be?
282
00:15:56,162 --> 00:15:58,256
Mumbo jumbo.
283
00:15:58,866 --> 00:16:01,733
Whenever I seen him,
he's coming out of Nestor's.
284
00:16:09,076 --> 00:16:10,770
You Nestor?
285
00:16:10,843 --> 00:16:13,402
Nicky Crow. Nestor sold me
the business last year.
286
00:16:13,880 --> 00:16:16,110
And exactly what kind
of business is this?
287
00:16:16,183 --> 00:16:19,049
Religious supplies.
For the practice of Santer�a.
288
00:16:19,820 --> 00:16:22,515
Then those would be
sacrificial chickens.
289
00:16:22,588 --> 00:16:25,022
It's legal. Santeros won
their Supreme Court case.
290
00:16:25,091 --> 00:16:27,752
Relax, we're not
from the ASPCA.
291
00:16:28,461 --> 00:16:31,054
You know him?
Yeah, he's a customer.
292
00:16:31,263 --> 00:16:33,028
Was. Know anything about it?
293
00:16:33,099 --> 00:16:36,466
Santeros don't sacrifice anything
further up the food chain than goats.
294
00:16:36,535 --> 00:16:38,366
Long Island cheerleader
three years ago.
295
00:16:38,437 --> 00:16:40,701
Mother and sister thought she
was possessed by a demon...
296
00:16:40,773 --> 00:16:43,537
and they suffocated her.
Santeras, right?
297
00:16:43,609 --> 00:16:46,406
That was an exorcism got
out of hand, not a sacrifice.
298
00:16:46,479 --> 00:16:49,312
Shorty Esposito,
religious kind of guy?
299
00:16:50,116 --> 00:16:54,678
Keeping the rituals a secret comes from the
slaves having to hide it from their masters.
300
00:16:54,753 --> 00:16:56,619
That's not an answer.
301
00:16:56,856 --> 00:16:59,825
Sure it is. It's in the
Constitution. Freedom of religion.
302
00:16:59,891 --> 00:17:02,052
It's like dogma
not to talk about it.
303
00:17:02,127 --> 00:17:06,257
I'd be violating his rights. He's
dead. He doesn't have any rights.
304
00:17:06,998 --> 00:17:08,830
You a priest?
305
00:17:09,435 --> 00:17:10,766
A Babalu?
306
00:17:11,703 --> 00:17:14,467
Babalu. Atheist. Businessman.
307
00:17:14,806 --> 00:17:17,741
300,000 people
practice Santer�a in New York.
308
00:17:18,109 --> 00:17:20,942
They need to shop
someplace they can trust.
309
00:17:21,746 --> 00:17:25,044
Hey, maybe someone tried to drive an
evil spirit out of him with a bullet.
310
00:17:25,116 --> 00:17:27,381
My bet? That was his religion.
311
00:17:27,452 --> 00:17:29,682
That guy right there on the
corner, that's the steerer.
312
00:17:29,754 --> 00:17:32,348
He brings the buyer
to the money man.
313
00:17:32,424 --> 00:17:34,551
And him hanging back
with the gold chain...
314
00:17:34,626 --> 00:17:37,355
that's the money man.
He never touches the dope.
315
00:17:37,728 --> 00:17:41,027
They're all teens. Maybe they know
Elias through a little brother.
316
00:17:41,098 --> 00:17:43,862
Somewhere around here.
911!
317
00:17:44,402 --> 00:17:46,097
He's the lookout.
318
00:17:52,911 --> 00:17:54,742
What's your name, man?
Sammy.
319
00:17:54,812 --> 00:17:56,643
Sammy what?
Sosa.
320
00:17:56,714 --> 00:17:58,978
That's Mrs. Morales' boy,
Jamal.
321
00:17:59,049 --> 00:18:01,881
Shut up, old man. Hey, Jamal,
you just focus all right.
322
00:18:01,952 --> 00:18:03,476
You know this kid?
No.
323
00:18:03,555 --> 00:18:05,318
What about him?
Nope.
324
00:18:05,389 --> 00:18:07,550
Hey, how old are you?
Ten.
325
00:18:08,826 --> 00:18:11,989
Why don't you talk to him?
Come here a second.
326
00:18:12,663 --> 00:18:14,130
Know his name?
327
00:18:16,166 --> 00:18:17,190
Bobby Cruise.
328
00:18:19,903 --> 00:18:22,532
He's in here all the time.
Yeah, with him?
329
00:18:23,307 --> 00:18:25,502
No, another one of those boys.
330
00:18:25,576 --> 00:18:28,909
Eighteen or 19 years old.
Called Sweetness.
331
00:18:28,979 --> 00:18:31,539
Sweetness?
Real sweet tooth.
332
00:18:33,484 --> 00:18:35,451
We saw Homicide.
They aren't doing any better.
333
00:18:35,519 --> 00:18:36,712
Any luck on our sweet tooth?
334
00:18:36,786 --> 00:18:40,223
Former juvenile offender. Now 19.
Placed in foster care at age eight.
335
00:18:40,289 --> 00:18:42,121
Truancy. Shoplifting.
336
00:18:42,192 --> 00:18:45,490
Moving up to drugs, larceny,
gun possession.
337
00:18:45,595 --> 00:18:47,257
Given name is Antonio Strada.
338
00:18:47,330 --> 00:18:49,765
Last person who posted bail
was his great grandmother.
339
00:18:49,832 --> 00:18:51,595
Good old Mrs. Strada.
340
00:18:54,203 --> 00:18:58,004
My great-grandson has nothing to
do with that little girl's death.
341
00:18:58,075 --> 00:19:01,202
Mrs. Strada, you know Elias
got hold of a gun.
342
00:19:01,745 --> 00:19:04,076
And you know, as well as we
do, that Antonio has had...
343
00:19:04,147 --> 00:19:05,637
gun troubles in the past.
344
00:19:05,715 --> 00:19:07,307
Once.
Twice.
345
00:19:09,018 --> 00:19:10,678
He's changed.
346
00:19:11,286 --> 00:19:13,380
He's getting
his life together.
347
00:19:14,991 --> 00:19:17,755
He helps me with the kids.
Takes them to the park for me.
348
00:19:17,827 --> 00:19:19,487
He buys them candy.
349
00:19:19,562 --> 00:19:22,325
The kids call him Sweetness.
350
00:19:22,398 --> 00:19:27,300
The candy store that he takes Elias
to alone is off a known drug corner.
351
00:19:27,636 --> 00:19:29,604
Did you know that,
Mrs. Strada?
352
00:19:29,671 --> 00:19:32,936
No, I... Sunday night, a
young man named Shorty...
353
00:19:33,576 --> 00:19:37,171
was shot and killed with the same
gun Elias used to kill Carly Jackson.
354
00:19:37,245 --> 00:19:38,712
The last time
your great-grandson...
355
00:19:38,781 --> 00:19:40,213
was arrested
for gun possession...
356
00:19:40,282 --> 00:19:43,046
he was with Shorty.
They did time together.
357
00:19:43,919 --> 00:19:46,251
Mrs. Strada,
tell us where he is.
358
00:19:50,860 --> 00:19:54,420
You don't understand,
he had a horrible childhood.
359
00:19:55,664 --> 00:19:58,531
His father was in prison,
his mother...
360
00:19:59,334 --> 00:20:01,962
who knows where
his mother was.
361
00:20:08,343 --> 00:20:11,608
Please, don't hurt him.
362
00:20:25,994 --> 00:20:28,655
Antonio, police.
We want to talk to you.
363
00:20:32,600 --> 00:20:34,159
Sweetness?
364
00:20:41,407 --> 00:20:43,502
Nobody in here.
Got blood on the walls.
365
00:20:43,577 --> 00:20:45,671
Yeah, we got fresh blood
right here.
366
00:20:45,746 --> 00:20:49,546
We need backup.
Two-five-two, East 132.
367
00:20:53,787 --> 00:20:55,721
Body's down here.
368
00:21:14,407 --> 00:21:15,806
It's him.
369
00:21:17,477 --> 00:21:19,343
I need an ambulance now.
370
00:21:19,413 --> 00:21:23,473
Who did this to you? Who cut
you, Sweetness? Who cut you?
371
00:21:23,550 --> 00:21:25,279
Machete.
372
00:21:39,032 --> 00:21:40,556
What'd he say?
373
00:21:45,804 --> 00:21:48,273
I think he said Machet...
374
00:21:48,374 --> 00:21:51,035
Machete. Machete.
375
00:21:57,217 --> 00:21:59,777
Look at the pants,
they're both camouflage.
376
00:21:59,852 --> 00:22:01,717
This is not Carly,
this is Shorty.
377
00:22:01,788 --> 00:22:03,517
Meaning, Elias witnessed
this murder.
378
00:22:03,590 --> 00:22:07,320
When he drew this, he wasn't
plotting out Carly Jackson's murder.
379
00:22:07,392 --> 00:22:10,452
This was a cry for help. He wanted
somebody to know what he saw.
380
00:22:10,529 --> 00:22:12,862
He's been through an
interrogation, a court hearing...
381
00:22:12,932 --> 00:22:13,955
taken from his family...
382
00:22:14,033 --> 00:22:16,831
and placed in detention. Why wouldn't
he have said something by now?
383
00:22:16,902 --> 00:22:19,632
Look at the players involved.
Drug dealers and killers.
384
00:22:19,705 --> 00:22:22,503
If Elias was drawn into this world
at all, he knows what happens...
385
00:22:22,574 --> 00:22:23,598
to people who talk.
386
00:22:23,675 --> 00:22:24,937
So what are we going to do?
387
00:22:25,010 --> 00:22:27,739
When an accused stands mute, the
only thing the system can do...
388
00:22:27,813 --> 00:22:29,280
is interpret his actions.
389
00:22:29,348 --> 00:22:32,216
You know our take on it. Well,
I know what my boss' will be.
390
00:22:32,284 --> 00:22:34,912
He'll still see a bad apple
who likes seeing people dead.
391
00:22:34,987 --> 00:22:36,614
So Elias needs to talk.
392
00:22:38,557 --> 00:22:42,391
His attorney won his motion.
He's back home until the hearing.
393
00:22:43,528 --> 00:22:44,824
Go.
394
00:22:46,197 --> 00:22:48,132
You know, you people
have some nerve!
395
00:22:48,300 --> 00:22:49,859
It's been horrible
for the Barreras.
396
00:22:49,935 --> 00:22:51,493
They're prisoners
in their own home.
397
00:22:51,570 --> 00:22:54,869
The protesters, death threats, the
media trying to sneak into the building.
398
00:22:54,940 --> 00:22:57,033
You know, we try
to be good parents, we do.
399
00:22:57,108 --> 00:23:00,271
Social services is threatening
to remove their baby girl.
400
00:23:00,511 --> 00:23:02,877
Mr. Barrera, it is imperative
we talk to Elias.
401
00:23:02,947 --> 00:23:05,541
Why, so you can find something
else to charge him with?
402
00:23:05,616 --> 00:23:07,642
Mrs. Barrera,
we believe that your son...
403
00:23:07,719 --> 00:23:10,517
witnessed a murder
the night before the shooting.
404
00:23:11,757 --> 00:23:13,019
What?
405
00:23:16,827 --> 00:23:18,351
Oh, my God!
406
00:23:28,205 --> 00:23:29,536
Stay back.
407
00:23:34,844 --> 00:23:38,143
Elias, you remember me,
Elliot?
408
00:23:40,083 --> 00:23:41,448
How are you doing?
409
00:23:43,821 --> 00:23:45,721
We got a problem here,
big man.
410
00:23:48,459 --> 00:23:51,359
I hear you've been
dragged into something bad.
411
00:23:51,429 --> 00:23:53,487
Me and Sweetness, we talked.
412
00:23:53,564 --> 00:23:57,260
Now, he says he's got you all
hooked up and slinging for him.
413
00:24:01,071 --> 00:24:03,973
What do you do with all
the money that he gives you?
414
00:24:05,543 --> 00:24:07,737
Well, you buy games,
new kicks, what?
415
00:24:09,012 --> 00:24:10,310
Crayons?
416
00:24:14,850 --> 00:24:17,479
Okay, Elias. Your parents
know about everything.
417
00:24:17,554 --> 00:24:19,613
But you and me, right now...
418
00:24:20,358 --> 00:24:24,453
Elias, you and me
have got to fix this.
419
00:24:32,935 --> 00:24:35,905
He puts little bottles
in my pockets.
420
00:24:37,707 --> 00:24:41,336
Okay, that's good. You're
doing great. Now, you and me...
421
00:24:45,415 --> 00:24:47,713
let's talk about
the gun, okay.
422
00:24:49,017 --> 00:24:50,780
Tell me about this.
423
00:24:56,191 --> 00:24:58,682
He told me
to stay in the room.
424
00:24:59,229 --> 00:25:02,789
I didn't. I saw him
shoot the man.
425
00:25:05,701 --> 00:25:08,396
Okay. What's that
at the end of the gun?
426
00:25:08,837 --> 00:25:12,273
A pillow. You could hardly
hear the bang.
427
00:25:16,211 --> 00:25:18,543
Why did Sweetness
shoot Shorty?
428
00:25:19,448 --> 00:25:20,779
He didn't.
429
00:25:22,083 --> 00:25:24,075
Isn't that him
holding the gun?
430
00:25:26,954 --> 00:25:28,683
Well, who is it?
431
00:25:29,091 --> 00:25:30,319
Machete.
432
00:25:34,229 --> 00:25:36,959
What did you say?
Machete.
433
00:25:37,899 --> 00:25:39,663
Do you know Machete?
434
00:25:40,601 --> 00:25:42,569
Well, how do you
know his name?
435
00:25:42,770 --> 00:25:46,901
I heard Shorty say, "Stop, Machete,
don't, please, don't. Stop."
436
00:25:46,975 --> 00:25:48,442
And then what happened?
437
00:25:48,509 --> 00:25:52,275
I heard sirens,
and Machete ran away.
438
00:25:53,648 --> 00:25:55,844
And what happened to the gun?
439
00:25:56,150 --> 00:25:58,311
Sweetness hid it in the couch.
440
00:25:58,386 --> 00:26:01,184
And then he got
a big suitcase.
441
00:26:02,256 --> 00:26:05,192
And I hid in the closet
because I was scared.
442
00:26:05,259 --> 00:26:08,695
Then what happened?
I heard him leave.
443
00:26:13,734 --> 00:26:15,725
Why did you take the gun?
444
00:26:17,771 --> 00:26:20,069
I didn't want him
to kill me, too.
445
00:26:23,878 --> 00:26:25,038
Okay.
446
00:26:25,646 --> 00:26:29,173
Okay. Now, this is very
important. Where did this happen?
447
00:26:34,822 --> 00:26:37,051
My sister was in the hospital.
448
00:26:40,661 --> 00:26:42,855
And you were at Mrs. Strada's?
449
00:26:47,100 --> 00:26:48,692
Mrs. Strada?
450
00:26:49,002 --> 00:26:51,470
What is going on?
No one is telling me anything.
451
00:26:51,538 --> 00:26:54,006
Mrs. Strada, where were you
Sunday night?
452
00:26:54,074 --> 00:26:57,407
Sunday between 10:00 and
midnight. I was asleep.
453
00:26:57,477 --> 00:26:59,377
Are you a sound sleeper?
454
00:27:00,647 --> 00:27:03,775
Well, I take meclizine
at night. It knocks me out.
455
00:27:04,885 --> 00:27:06,978
Hey, anything?
456
00:27:07,053 --> 00:27:09,214
Dried pee, Cheerios.
457
00:27:09,755 --> 00:27:12,190
Old lady got kids?
She takes care of them.
458
00:27:12,258 --> 00:27:14,693
Our guy apparently
cleaned up after himself.
459
00:27:14,760 --> 00:27:17,730
Make sure you check sinks,
drains, traps, sponges.
460
00:27:17,797 --> 00:27:21,563
Trash cans, light switches,
even lifted a few base boards.
461
00:27:21,834 --> 00:27:23,700
No trace of blood yet.
462
00:27:24,136 --> 00:27:25,661
Pillow's missing.
463
00:27:25,739 --> 00:27:27,865
Okay, close the curtains.
464
00:27:30,876 --> 00:27:32,503
We got blood.
465
00:27:34,146 --> 00:27:36,444
Wheel marks.
Yeah.
466
00:27:37,917 --> 00:27:40,443
Like the kind
on a big-ass suitcase.
467
00:27:41,588 --> 00:27:44,317
They just stuffed old Shorty
in there and wheeled him on out.
468
00:27:44,390 --> 00:27:47,553
Elias was right about the suitcase.
He also said he heard sirens.
469
00:27:47,626 --> 00:27:49,889
Let's find out
what that problem was.
470
00:27:53,198 --> 00:27:55,462
Party out of hand.
Somebody pulled out a knife.
471
00:27:55,534 --> 00:27:57,832
Somebody else pulls out
a Louisville Slugger.
472
00:27:57,903 --> 00:28:00,064
Brawl spilled out
into the courtyard.
473
00:28:00,138 --> 00:28:03,107
You take any statements?
Thirty-five.
474
00:28:03,875 --> 00:28:05,570
Stopped everyone
leaving the building.
475
00:28:05,644 --> 00:28:08,612
If that's when our guy left the
building, he might be one of them.
476
00:28:08,680 --> 00:28:12,208
Mind if we borrow these?
Great.
477
00:28:13,017 --> 00:28:16,885
Off Elias' description, we've eliminated
28 names based on age and gender.
478
00:28:16,956 --> 00:28:20,016
Which were brought down to eight
suspects, five of whom have records.
479
00:28:20,091 --> 00:28:21,285
And mug shots.
480
00:28:21,360 --> 00:28:25,090
Already there, we put together a
photo array, showed it to Elias.
481
00:28:25,163 --> 00:28:27,027
He recognize any of them?
Yeah, two.
482
00:28:27,098 --> 00:28:30,090
Unless I'm one of them, I don't
know why you're still standing here.
483
00:28:30,169 --> 00:28:32,433
Because he's positive
neither of them is Machete.
484
00:28:32,503 --> 00:28:34,971
So who do we have left?
485
00:28:35,040 --> 00:28:37,166
The three who didn't
have records, so no photos.
486
00:28:37,241 --> 00:28:39,937
Kyung Kwon, Nicky Crow,
and Bobby Cruise.
487
00:28:40,011 --> 00:28:42,171
We've met them all,
all on the selfsame corner.
488
00:28:42,246 --> 00:28:43,941
So one of them's Machete.
489
00:28:44,014 --> 00:28:46,848
Kwon owns a market, and was pretty
helpful in getting us some IDs.
490
00:28:46,918 --> 00:28:48,250
Yeah, maybe too helpful.
491
00:28:48,319 --> 00:28:51,049
Crow profits off the piety
of the local Santeros.
492
00:28:51,122 --> 00:28:52,555
Cruise is a dope dealer.
493
00:28:52,624 --> 00:28:54,751
Elias needs some points
with the DA's office.
494
00:28:54,825 --> 00:28:57,692
Call his attorney, s ee if
he'll let him do some walk bys.
495
00:28:57,761 --> 00:28:59,058
Okay.
496
00:29:02,899 --> 00:29:05,994
Okay. Are you up
for this, champ?
497
00:29:06,337 --> 00:29:07,770
Is he gonna see me?
498
00:29:09,140 --> 00:29:12,836
Keep your mask down.
Don't say anything, okay?
499
00:29:12,909 --> 00:29:16,470
If you recognize any of these men as
Machete, just squeeze my hand, okay?
500
00:29:16,546 --> 00:29:18,275
Okay.
All right. Come on.
501
00:29:28,359 --> 00:29:29,689
Hello.
502
00:29:30,027 --> 00:29:32,018
I'll be with you in a second.
503
00:29:35,098 --> 00:29:37,032
Hey.
Hey.
504
00:29:40,937 --> 00:29:42,632
Take him outside.
505
00:29:43,140 --> 00:29:45,199
Nicky Crow, you're under
arrest... What're you doing?
506
00:29:45,275 --> 00:29:48,073
for the murder of
Shorty Esposito. Hold it.
507
00:29:48,145 --> 00:29:50,772
You have the right to remain
silent. Look in the refrigerator.
508
00:29:50,847 --> 00:29:53,280
Yeah, we're not hungry.
I never met one who wasn't.
509
00:29:53,349 --> 00:29:54,339
Go.
510
00:29:54,451 --> 00:29:56,850
In the fridge?
Behind the box.
511
00:29:56,919 --> 00:29:59,252
Behind the box.
512
00:29:59,322 --> 00:30:01,482
What do we got?
I'm a business man.
513
00:30:01,558 --> 00:30:04,857
Take it. Leave. Call it
cost of doing business.
514
00:30:04,927 --> 00:30:06,792
Call it Class B felony.
515
00:30:11,634 --> 00:30:13,397
It's okay to talk now.
516
00:30:13,468 --> 00:30:16,030
Machete can't hurt you.
He's in jail.
517
00:30:22,678 --> 00:30:25,078
I hear you're
a very good artist.
518
00:30:28,651 --> 00:30:30,380
Do you draw all the time?
519
00:30:31,352 --> 00:30:32,820
Yeah.
520
00:30:34,890 --> 00:30:39,554
Can you draw me a picture of how
you felt that day in the schoolyard?
521
00:31:10,826 --> 00:31:12,793
You were really scared.
522
00:31:15,797 --> 00:31:16,923
Why?
523
00:31:17,499 --> 00:31:20,627
I saw them behind the fence.
Who?
524
00:31:21,102 --> 00:31:22,830
Machete and them.
525
00:31:25,540 --> 00:31:27,303
What were they doing there?
526
00:31:28,676 --> 00:31:30,667
They came to hurt me, too.
527
00:31:33,715 --> 00:31:35,239
Elias...
528
00:31:36,183 --> 00:31:37,912
who were you shooting at?
529
00:31:40,420 --> 00:31:42,115
Machete.
530
00:31:42,856 --> 00:31:45,052
I didn't mean to shoot Carly.
531
00:31:46,060 --> 00:31:48,254
What's going to happen to me?
532
00:31:52,599 --> 00:31:55,295
What do you think
should happen to you?
533
00:32:18,525 --> 00:32:19,856
What's that?
534
00:32:21,962 --> 00:32:23,224
Hell.
535
00:32:27,100 --> 00:32:30,626
You think you're going to burn
in Hell for what you did?
536
00:32:38,278 --> 00:32:42,270
I know why you're here.
Well, forget it.
537
00:32:42,349 --> 00:32:46,375
I already gave Machete to McCoy.
You should have seen his face.
538
00:32:46,452 --> 00:32:47,976
It was the same look my dog...
539
00:32:48,054 --> 00:32:51,023
I'm not here to pick up a
case, I'm here to drop one.
540
00:32:51,457 --> 00:32:53,516
Oh, no, we can't give
that kid a free ride.
541
00:32:53,593 --> 00:32:56,028
We only got Machete
because of Elias' drawing.
542
00:32:56,096 --> 00:32:57,995
That doesn't bring
Carly Jackson back.
543
00:32:58,065 --> 00:33:01,228
Her death is a tragedy, yes,
but it was self-defense.
544
00:33:01,300 --> 00:33:03,768
The vice principal at the
school corroborates his story.
545
00:33:03,836 --> 00:33:05,497
Machete and his gang
were there.
546
00:33:05,571 --> 00:33:07,903
Did she see them attack him?
Draw a weapon?
547
00:33:07,974 --> 00:33:10,602
This is what he thinks
is going to happen to him.
548
00:33:10,675 --> 00:33:12,700
Well, I think that
makes your case...
549
00:33:12,777 --> 00:33:15,679
and proves that he knows the
difference between right and wrong.
550
00:33:15,748 --> 00:33:18,410
No, we are the ones who
don't know the difference...
551
00:33:19,385 --> 00:33:21,080
I'll be right there.
552
00:33:22,621 --> 00:33:24,919
Fine, amend the charges
to manslaughter.
553
00:33:24,990 --> 00:33:28,892
I don't want to prosecute a child at
all for a series of society's mistakes.
554
00:33:28,960 --> 00:33:31,725
The Barrera's HMO wouldn't
cover their baby's condition...
555
00:33:31,797 --> 00:33:33,492
forcing them to work two jobs.
556
00:33:33,565 --> 00:33:37,161
They had to find affordable daycare for
Elias which we both know is nonexistent.
557
00:33:37,236 --> 00:33:39,226
So they put him in Mrs.
Strada's illegal daycare.
558
00:33:39,305 --> 00:33:41,829
An 82-year-old woman
looking after 15 children...
559
00:33:41,908 --> 00:33:44,467
whose great-grandson was
using Elias as a drug runner...
560
00:33:44,542 --> 00:33:48,740
and giving him access to a
loaded semi-automatic handgun.
561
00:33:48,812 --> 00:33:52,045
And don't get me started on the
accessibility of handguns to minors.
562
00:33:52,117 --> 00:33:53,675
This boy should not
be put away.
563
00:33:53,753 --> 00:33:56,687
Nobody in Sing Sing had
a great childhood, Ms. Cabot.
564
00:33:56,755 --> 00:34:00,088
You start killing at seven,
it's not a bad predictor.
565
00:34:01,926 --> 00:34:03,554
You are unbelievable.
566
00:34:03,627 --> 00:34:07,724
No, I am second-in-command and I
have Lewin's full support in this.
567
00:34:07,799 --> 00:34:10,666
Now, listen, people know what
happened. They want justice.
568
00:34:10,735 --> 00:34:13,067
I need someone
held responsible.
569
00:34:22,247 --> 00:34:25,978
The death of Carly Jackson
is the ultimate tragedy.
570
00:34:27,185 --> 00:34:30,712
There are no easy solutions,
but we in the DA's office...
571
00:34:30,789 --> 00:34:34,383
have a moral imperative
to do the right thing...
572
00:34:34,825 --> 00:34:39,125
and I assure you that justice
will be served.
573
00:34:39,896 --> 00:34:44,392
I am placing full authority
in the worthy hands...
574
00:34:45,170 --> 00:34:49,196
of a person who has been intimately
involved with every aspect...
575
00:34:49,273 --> 00:34:52,037
of the case
from the beginning.
576
00:34:52,109 --> 00:34:55,737
Assistant District Attorney
Alex Cabot.
577
00:34:57,747 --> 00:35:00,979
Will you be prosecuting
7- year-old Elias Barrera?
578
00:35:01,119 --> 00:35:03,643
A Latino boy killed
an African-American girl.
579
00:35:03,721 --> 00:35:06,417
Are you at all concerned
that if you don't prosecute...
580
00:35:06,490 --> 00:35:09,015
it may ignite tensions
in the neighborhood?
581
00:35:11,061 --> 00:35:13,996
We know this was in no way
racially motivated.
582
00:35:14,063 --> 00:35:16,998
I'm sure no responsible
member of the press...
583
00:35:17,066 --> 00:35:20,036
would even think to put
that kind of slant on it.
584
00:35:20,204 --> 00:35:21,602
He hung her out to dry.
585
00:35:21,672 --> 00:35:24,105
No matter what she does
to Elias, it's lose, lose.
586
00:35:24,207 --> 00:35:25,732
Half the city's going
to hate her.
587
00:35:25,808 --> 00:35:27,867
The other half
won't be turning back flips.
588
00:35:27,944 --> 00:35:30,845
I talked to the Barreras, Elias
was formally expelled from school.
589
00:35:30,913 --> 00:35:32,210
The State sent a tutor.
590
00:35:32,281 --> 00:35:34,841
Don't let that get out. The
state of our educational system...
591
00:35:34,916 --> 00:35:36,316
people will be
killing to get one.
592
00:35:36,385 --> 00:35:37,718
Is there anything
we can do for Cabot?
593
00:35:37,787 --> 00:35:40,757
We've exhausted the pool of
sacrificial heads for the platter.
594
00:35:40,823 --> 00:35:44,350
It's out of our hands. She needs
to look at alternate solutions.
595
00:35:45,294 --> 00:35:47,319
Liz, my career's
on the line here.
596
00:35:47,397 --> 00:35:51,356
And a little boy's future. Believe
me, I haven't forgotten about him.
597
00:35:51,666 --> 00:35:53,600
I can't believe my boss
did this to me.
598
00:35:53,668 --> 00:35:57,036
That's what they do at the boy's
club. Why do you think I left?
599
00:35:57,106 --> 00:35:58,630
What would you do?
600
00:35:58,708 --> 00:36:00,938
I really shouldn't discuss
the particulars with you...
601
00:36:01,009 --> 00:36:03,170
while I'm on retainer
by the defense.
602
00:36:03,246 --> 00:36:04,678
Hypothetically.
603
00:36:05,547 --> 00:36:08,914
I wouldn't make him another
throw-away kid and just warehouse him.
604
00:36:08,984 --> 00:36:11,384
I'd put him
in supervised counseling.
605
00:36:11,453 --> 00:36:15,947
That's not going to sate the public's
bloodlust. Someone has to be punished.
606
00:36:16,092 --> 00:36:18,525
You know, I had a political
future at one point.
607
00:36:18,594 --> 00:36:21,357
Alex, the historical figures
I respect the most...
608
00:36:21,430 --> 00:36:24,593
aren't the ones who started wars,
but those who brought about peace.
609
00:36:24,666 --> 00:36:27,066
You have a real
opportunity here.
610
00:36:33,543 --> 00:36:35,601
The respondent clearly
understands the difference...
611
00:36:35,677 --> 00:36:37,008
between right and wrong.
612
00:36:37,079 --> 00:36:39,809
At the time he pulled the
trigger, he knew what he was doing.
613
00:36:39,880 --> 00:36:43,839
He intended to cause physical injury
or death to the boys at the fence.
614
00:36:43,919 --> 00:36:46,045
Yes, he absolutely knows
what's going on here.
615
00:36:46,120 --> 00:36:47,553
He understands the role
of the court...
616
00:36:47,621 --> 00:36:49,089
he understands the role
of the Judge...
617
00:36:49,157 --> 00:36:50,920
he knows his attorney
is here to help him.
618
00:36:50,992 --> 00:36:53,688
He has the capacity to assist
in his own defense.
619
00:36:53,762 --> 00:36:58,256
Dr. Olivet, have you reviewed
the State examiners' reports?
620
00:36:58,332 --> 00:36:59,663
I have.
621
00:36:59,734 --> 00:37:03,794
Well, do you concur with their
findings? They're absolutely right.
622
00:37:03,904 --> 00:37:05,872
He does understand
the procedures of the court...
623
00:37:05,941 --> 00:37:07,966
and he knows
his conduct was wrong.
624
00:37:08,042 --> 00:37:09,772
But in my assessment,
the minor...
625
00:37:09,844 --> 00:37:13,837
he knows it was wrong, but at the time
he pulled that trigger, he did not.
626
00:37:13,948 --> 00:37:16,041
I have no more questions.
627
00:37:18,751 --> 00:37:21,983
Dr. Olivet, you're familiar
with the People's exhibit "H"?
628
00:37:22,123 --> 00:37:24,456
Very familiar.
I had him draw it.
629
00:37:24,693 --> 00:37:27,160
And what exactly
did you ask him to draw?
630
00:37:27,228 --> 00:37:30,095
A portrait of himself
at the time of the crime.
631
00:37:30,164 --> 00:37:33,156
There was no mention of fire
in the police report.
632
00:37:33,234 --> 00:37:37,000
He added that to the picture when I asked
what he thought should happen to him.
633
00:37:37,070 --> 00:37:39,129
And what do
the flames represent?
634
00:37:41,040 --> 00:37:42,303
Hell.
635
00:37:42,376 --> 00:37:44,571
That's taking the consequences
of his actions...
636
00:37:44,645 --> 00:37:46,771
to the ultimate extreme,
isn't it?
637
00:37:47,580 --> 00:37:50,141
Obviously, he has
the capacity to understand.
638
00:37:50,217 --> 00:37:53,117
All children have some grasp
of right and wrong.
639
00:37:53,187 --> 00:37:54,744
I've seen children
younger than seven...
640
00:37:54,821 --> 00:37:57,551
who believe they're going to
hell because they told a fib.
641
00:37:57,624 --> 00:37:59,456
How do you explain
his lapse in judgment...
642
00:37:59,526 --> 00:38:01,687
at the time
he pulled the trigger?
643
00:38:01,762 --> 00:38:03,752
He was in mortal fear.
644
00:38:03,963 --> 00:38:06,431
Not only that,
he was imitating behavior.
645
00:38:06,734 --> 00:38:10,965
He had seen these men wave a gun to
scare people, and he did the same.
646
00:38:11,204 --> 00:38:13,502
He just wanted them
to go away.
647
00:38:13,940 --> 00:38:16,703
He was imitating behavior
without understanding it...
648
00:38:16,776 --> 00:38:19,768
the danger, risks,
or morality.
649
00:38:21,381 --> 00:38:25,215
And on what exactly do you base
your findings on his capacity?
650
00:38:26,152 --> 00:38:28,585
Solely on his age
and development.
651
00:38:29,154 --> 00:38:31,020
He's 7 years old.
652
00:38:38,298 --> 00:38:40,891
Thank you. You may step down.
653
00:38:51,109 --> 00:38:52,508
Your Honor...
654
00:38:55,114 --> 00:38:58,674
the People defer
to Dr. Olivet's findings...
655
00:38:59,985 --> 00:39:02,112
that the minor
lacked the capacity...
656
00:39:02,187 --> 00:39:04,712
to understand the consequences
of his actions...
657
00:39:04,790 --> 00:39:07,725
and therefore should not
be held responsible.
658
00:39:10,662 --> 00:39:13,358
The People
are withdrawing charges?
659
00:39:14,666 --> 00:39:17,931
It's clear the respondent lacked
the mens rea to commit a crime.
660
00:39:18,736 --> 00:39:21,433
Therefore, we will
not pursue the case.
661
00:39:36,555 --> 00:39:39,718
I know some of you are not
happy with today's decision.
662
00:39:40,324 --> 00:39:42,315
But there's something
I'd like you to hear.
663
00:39:42,393 --> 00:39:44,088
We heard you loud and clear.
664
00:39:44,160 --> 00:39:46,960
The killers of black children
get off scot-free!
665
00:39:47,331 --> 00:39:50,528
This cycle of violence
has got to stop somewhere.
666
00:39:50,601 --> 00:39:51,933
Let it be here.
667
00:39:57,842 --> 00:39:59,776
I'm Carly Jackson's mother.
668
00:40:01,145 --> 00:40:03,476
I know you're all here
out of concern.
669
00:40:03,547 --> 00:40:05,344
And I thank you.
670
00:40:05,650 --> 00:40:07,675
But I have a favor to ask.
671
00:40:08,953 --> 00:40:10,352
Go home.
672
00:40:13,858 --> 00:40:15,916
Take care of your children.
673
00:40:24,834 --> 00:40:26,268
Teflon.
674
00:40:26,337 --> 00:40:28,396
I'm just glad the city
isn't burning.
675
00:40:28,471 --> 00:40:30,871
You more than survived,
you're a hero.
676
00:40:30,940 --> 00:40:32,737
Congratulations.
Thanks.
677
00:40:33,076 --> 00:40:36,239
Actually, my boss is so happy,
he said I could take Sunday off.
678
00:40:36,313 --> 00:40:37,905
We were on our way
to McMullen's.
679
00:40:37,981 --> 00:40:40,644
How about we buy you
a congratulatory drink?
680
00:40:40,718 --> 00:40:42,480
Sure.
Great.
681
00:40:46,724 --> 00:40:48,486
Hey, Cap, you coming?
682
00:41:01,438 --> 00:41:03,372
Police, coming through.
683
00:41:04,641 --> 00:41:06,006
Neighbors jumped him.
684
00:41:06,075 --> 00:41:08,600
Would have killed him if
we hadn't been a block away.
685
00:41:09,044 --> 00:41:10,136
Who is he?
686
00:41:10,213 --> 00:41:12,374
A relative?
Outraged citizen.
687
00:41:12,448 --> 00:41:13,973
How old is he?
Twelve.
688
00:41:14,049 --> 00:41:17,315
Name's Thomas James. Goes
by TJ. Anyone see it happen?
689
00:41:17,387 --> 00:41:20,515
Best we can put together, he tried
to join a group of kids playing ball.
690
00:41:20,590 --> 00:41:22,785
They shunned him.
He walks off, alone.
691
00:41:22,859 --> 00:41:24,758
That's when TJ shows up.
692
00:41:29,098 --> 00:41:31,497
Get off me, man.
Hey, leave me alone.
693
00:41:31,733 --> 00:41:34,135
Can't kill a sister
and just walk.
694
00:41:34,304 --> 00:41:37,671
Hey, come on, man. Leave me
alone, man. I ain't do nothing man.
695
00:41:38,041 --> 00:41:40,031
Cycle never ends, does it?
696
00:41:42,845 --> 00:41:44,870
Welcome to the Gaza Strip.
9999
00:00:0,500 --> 00:00:2,00
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