All language subtitles for law.and.order.s04e20.1080p.bluray.x264-segment_track5_[eng]

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

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

the police
who investigate crime...

and the district attorneys
who prosecute the offenders.

These are their stories.

[police siren wailing]

[exclaims]

Wendy here?
You mean Bughead?

Is she here?

Yeah, she's got her head stuck
in the tailpipe.

She's trying
to kill the lice.

We're leaving, kid.
You on or off?

Okay.

[engine starting]

| went to her apartment but Beatrice didn't
answer the door.

The lady across the hall hasn't seen Wendy
for two days.

Well, who's Beatrice?

Beatrice Hines
is Wendy's foster mother.

| tried calling over there
but there wasn't an answer.

Well, maybe they just went away
for a couple of days.

They didn't go away.

Beatrice was in there.
| heard her moving around.

But something's
happened to Wendy.

Well, it could be
she's just sick in bed.

She would've called me. She would've had me
bring her homework.

Well, don't you think that Wendy's foster mom
would have called us?

She doesn't care
about Wendy. But | do.

That woman does not take care of that child.
I've seen it myself.

(Beatrice) You know how kids are today.
They come, they go.

This one goes for two days, and you don't think
to call us?

Look, she'll turn up.
She always does.

You find any kind of a note,
like maybe she ran away?

No, nothing.

When did you
see her last?

Day before yesterday, when she came home
from school.

| told her to get busy
on the laundry.

You know, we got the
self-service down the block.

And yesterday? Bells didn't go off
when she didn't come home?

Look, | thought maybe she went
to visit her friend Janel.

| work nights. | can't pay attention to everything
that girl does.

My towels aren't here.

Now you're worried, huh?

| guess maybe
you better look for her.

A 10-year-old girl,
gone two nights.

No problem.

(Cervantes) Yeah, she was here
around dinnertime Monday.

She sorts by colors. She knows
how to use bleach.

Do a lot of people send their kids
to do their wash?

If they could,
they'd send their dogs.

You see her talking
to anybody?

Just me. We joke around.

Sometimes | buy her a soda or give her
half my sandwich.

All she ever has is money for the machines,
nothing extra.

Did you buy her a soda
on Monday?

| had five dryers down.
| nearly had a riot.

What time
did Wendy leave?

| don't know but she left her dark load
in the machine.

What am | supposed to do
with this stuff?

We hit every store on the block
with her picture.

And nobody saw
the little washer girl?

The foster mother, she give you a list
of the girl's friends?

| don't think
she knows or cares.

She seemed to miss her towels
more than the kid.

What about the girl's real mother?
We're on our way.

Since | got the call,
I've been sick with worry.

I've been trying
to get custody again.

She's my little girl. Her foster mother
didn't seem too worried.

That bitch Beatrice.

She just cares about Wendy for the check.
I'm her mother, I'm blood.

And she'd be living here if there wasn't a problem,
is that correct?

| used to drink.
I'm getting off it.

Yeah? How's it going?

This is just a beer.

When's the last time
you saw her?

A couple of weeks ago,
she came, she spent the night.

(Briscoe)
And since then?

My little girl,
they got her all messed up.

And who would "they" be?
Children's Services.

This is her home.
| Knew this would happen.

What would happen?

She'd run away because
of Beatrice's boyfriend.

Oh, you don't know?
A guy named Brian.

He'd get drunk
and he'd beat her up.

He got arrested but nothing
ever happened to him.

| complained
to Children's Services but. ..

they gonna listen to me?
I'm only her mother.

| don't know where she is,
and | don't care where she is.

We heard you cared enough
to slap her around.

Hey. Her mother's lying...

to try to get her back, so she can collect
the welfare check.

She probably
put the kid up to it.

Did she put the DA
up to arresting you?

I'm out on bail.
| never did anything to her.

(Logan)
Your trial's coming up.

Be nice for you if
the star witness disappeared.

| never go near her. That's one of the conditions
of my bail.

| can't even stay over
with my own girlfriend.

You do any laundry Monday,
about 6:00?

| was here until 8:00.

Underneath a Toyota
with a leaky transmission.

They can tell you.

(Beatrice)
Look, the kid lied.

It runs in the family. You saw what her mother
was like.

Brian never hit her.
She just made it all up.

Yeah, maybe.

| mean, the kid's got this
kind of weird imagination.

She just sits in her room all day just telling stories
to the wall.

| got a hard enough time
getting her out of there...

so she can come
and do her chores.

You smack her yourself once in a while
to give her incentive?

| never touched her.
Brian never touched her.

When he's here,
we got better things to do.

Well, Beatrice, if we start
asking the neighbors...

are we gonna find out that Brian's been coming around,
ignoring his bail order?

Because if he does, he goes straight to jail, and you
lose custody of the kid.

Yeah? Well,
that would be terrible.

Yeah,
your check stops coming.

(Beatrice)
Know how | got Wendy?

| used to get a sandwich at a coffee shop where
her mother was a waitress. ..

when she could stand up.

We became friends.

She was having trouble
down at Children's Services.

She knew | liked kids.
Peggy gave Wendy to me.

What, was she on the menu
under Live-In Servants?

I'm the best thing that ever happened
to that kid.

Beatrice Hines was qualified
as a foster parent.

The birth mother's consent papers were in order.
They were friends.

Is it departmental policy that children can be
exchanged as gifts?

Peggy Sylvester used to
send her daughter out...

to shoplift cigarettes
and six packs for her.

Moving Wendy out of that environment was
a considerable improvement.

Oh, really? Well, did you ever drop by and take a look
at that foster home?

| investigated the child abuse report and talked to
Wendy in person.

Followed up with a phone call.

| was assured that Brian Sprague
was staying away.

Did Wendy ever talk
about running away?

She did run away once,
about four months ago.

She came back about a day later.
Did she say where she went?

She told me that
her father owned Central Park.

She was going to live in Belvedere Castle
but it didn't work out.

Who is her father?

She has no idea. Her mother's
not too sure, either.

Our teacher's got us putting these up
all over the neighborhood.

Maybe somebody
will recognize her.

Do you think she ran away?

| mean, was she saving
her money up for it?

Beatrice never gave her nothing,
just worked her.

| lent her some of my clothes,
so she wouldn't freeze. ..

and my mom let her
come over for dinner.

So she never talked
about running away?

Yeah, but there's no way
she would've gone now.

We had a trip to the Museum of Natural History
to see the dinosaurs.

Oh, she liked
that sort of thing?

Yeah, she was crazy
about that stuff.

Did she have
any other friends?

You mean real ones?

What, she had
some other kind?

Well. ..

you got to promise you don't tell nobody, but
she wrote letters to Carol.

It's just
a made-up somebody...

like there was a big sister somewhere else
that she was writing to.

Well, we might
want to look at those letters.

She didn't want anybody
to know about them.

Well, we won't tell anybody
and it might help us find her.

Her school locker.

Right 23, left 10...

right 14.

(Briscoe) Sometimes
she writes letters. .

sometimes she writes poems
to this imaginary friend.

"Riding a pony in the snow
Another place to go

"Smiling and laughing on TV
Another place to be

"Flying away on a giant beast
With my suitcase in its teeth"

Okay, so we check pony stables, TV studios,
and Big Bird.

Well, somebody liked it.

They wrote, "Excellent work,
Wendy. Very imaginative.”

That's great, but it's dark out,
and it's night number three.

Here's more writing in the margin, spelling
and grammar corrections.

Teacher?
Yeah.

One she liked enough
to tell her secrets to.

Yes, | recognize the margin notes.
Arnette Fenady.

They must be
from last semester.

You can date the ink?

Miss Fenady gave a poetry workshop for our
more gifted students.

Despite Wendy's appearance, and the fact that
she was often exhausted. ..

and that she had to be treated
for head lice. ..

she had the potential
to be an A student.

Where is this teacher now?
In class?

No, she's currently
oh a leave of absence.

She's a published poet herself
who donates her time.

Would she have gotten to know Wendy
pretty well?

There are only half a dozen kids
in the class.

Practically a
1-1 situation. Ideal.

Ideal how?

Here we have 40 children
to a class.

Our school system encourages these volunteers
from the community.

So you'd have her address?

That's terrible.
How long has she been missing?

(Briscoe)
Since three days ago.

Miss Fenady,
if she did run away...

would you have any idea
where she might have gone to?

No. | just know
she was very unhappy.

Have you talked
to her friend Janel?

(Briscoe)
Yes, we did.

Did Wendy talk to you much
about her problems?

No, | just had
to read her poems.

(Briscoe)
What do you mean?

Well, there is a real
survivor's spirit there.

She lives in miserable circumstances but
she never gave up on herself.

Dear God,
| hope she's all right.

Do you have any children,
Miss Fenady?

No. No, I'm not blessed
with children.

Well, it's an awful lot of house here
for one person.

Yes, it's been in the family nearly a century.
| hold poetry workshops here.

So Wendy's been here?

Yes, but | haven't seen her
since last term.

You must give me your number. There's a chance
she might contact me.

She has your phone number?
Yes.

All my children do.
Well, we'll be in touch.

If there's anything | can do.
Thank you.

(Briscoe) | could have used a few
teachers like her at PS 189.

(Logan) Oh, yeah? | don't know,
something about her.

What? She donates
her time helping kids.

She gives her phone number to her students.
Why would anyone bother?

What, that makes her
too good to be true?

Hey, humor me, will you?
Let's check her out.

One arrest, February 1990. Endangering the welfare
of a minor.

The charges were dropped,
so the record was sealed.

Which means we can't find out
what the charge was about.

Could be she took her students to the pony rides,
and then some parent panicked.

Well, sealed or not, there's a file sitting
in someone's desk.

I'll call Kincaid. Get her working
onh ajudge's order.

The clock's running out on this kid. We don't have
time to wait for a judge.

Well, then find out
who the arresting officer was.

Oh, yeah, the rich poet. You've seen the place
she lives?

Yeah, so how did she endanger
the welfare of a minor?

Drinking a sherry
while playing Pick-Up Sticks?

[chuckles]

The complaint was from
the parents of a 6-year-old.

One of her little poets.
She tried to kidnap the kid.

Tried how?

She kept her overnight, and then denied she had her
when the parents showed up.

And when you showed up?

She was packing the kid into her car
for a trip upstate.

It was weird. It took us three hours to get her
to admit it wasn't her kid.

Your lecture about your commitment to children
was fascinating.

Why did you leave out
the part about kidnapping?

Well, that's not what | did at all.
| was protecting her.

From what?

Well, Molly was malnourished. She hadn't had
any proper food.

Some people don't deserve
to be parents.

You ever hear
of Children's Services?

Yes, of course. But they
have their procedures.

The child could have died
if | hadn't done something.

And a drive upstate in the middle of winter, that was
going to save her life?

| was frightened
and | overreacted.

But everyone knows | did the right thing. Molly was
placed in foster care.

The charges against me
were dropped.

Which brings us to Wendy.
Is she your latest cause?

| am very worried about her.

Why can't you just believe
that | want to help?

You see a little girl
getting slapped around...

a lot of people would take her
into their home.

Yeah, and those people
usually call the cops.

Well, your hunches aren't gonna get us
a search warrant.

Well, we got the notebooks. Let's see if there's anything
about Fenady in there.

"Flying away on a giant beast
With my suitcase in its teeth"

That doesn't sound
like Fenady to me.

Wait a minute.

"On leather wings, | fly beyond
Atop my friend the pteranodon”

The flying beast
is a dinosaur.

So a brontosaurus did it.

No, Fenady's comments are on this poem,
and Wendy's friend said...

they didn't learn about dinosaurs until
a couple of weeks ago.

Fenady said she hadn't seen Wendy
since last term, right?

Flying dinosaurs won't get you
into Fenady's house.

Did you follow up
on the endangering charge?

Yeah, that kid wound up
in a foster home...

and the DA chose
not to indict Fenady.

Yeah, well, they didn't give her
a medal, either.

Let's put her
under 24-hour surveillance.

And canvass the neighborhood, maybe someone saw her
with the little girl.

She's a very caring person. She even donated money
to plant trees.

Well, did you ever see
any kids go in there?

All the time.
She loves children.

Last year she built
a whole playroom upstairs.

You get the full tour?

Yes, she's always remodeling
for the kids.

Last month, she had cinder block and cement
in front of her house.

Some of the neighbors complained. | said,
"Come on, it's for the kids."

Speaking of kids, we're looking for this little girl.
She's 10 years old.

Was she around on Monday?
Yeah, | think so.

| saw them coming
out of the car.

Now, are you positive
about that?

| only saw them from the back.

Can't this wait
until after | eat my lunch?

It's about a missing child,
Your Honor.

We have an eyewitness
who saw her with our suspect.

Now, Miss Fenady lied about the last time
she saw the child.

That's this thing here
about the dinosaur?

Once again, Your Honor, there's a certain
urgency here.

Do you want me
to read this or not?

No disrespect,
Your Honor.

Your eyewitness is a little iffy. | don't
wanna start a witch hunt here.

I'm gonna limit you
to a look-see warrant.

(Fenady) Mrs. Stavros couldn't
have seen Wendy here.

I'm sure she has the day wrong. | had children here
Sunday for a workshop.

Well, the school said you were all through
with the workshops.

Well, that doesn't mean that I've stopped
helping the kids.

Well, what were you
doing Monday, Miss Fenady?

| was working on my books.
Children's books.

It's better than
Romper Room up there.

I'm sorry it's such a mess.
| don't come down here much.

There's a storeroom in here.

| checked it.

[door shuts]

You doing some construction?

The contractor said we needed a wall
to support the playroom.

Look, | Know you're doing your job,
but I'm really worried...

about all the time you're wasting when you
could be looking for Wendy.

Just let us worry about Wendy.
We'll be in touch.

Well, her concern is touching.
You still sure she has her?

| hope you guys
found something.

I'm not exactly looking forward to
another eight hours out here.

Well, maybe she'll invite you
in for tea.

Well, she knows
we're around.

You think if she's got the girl stashed somewhere,
she's gonna lead us to her?

| don't think she's gonna
let the kid starve.

She could already
be dead, Lennie.

Yeah, and she could still be
in that house, okay?

Well, we just searched the house.
We looked around.

That cinder block wall
in the basement.

Fenady said it was for a playroom
built a year ago.

Now, we got neighbors who saw cinder blocks
on the sidewalk a month ago.

You think maybe
she's got a Houdini room?

Well, let's find the contractor and see what kind
of shoe this lady's building.

(Borden) Miss Fenady?
Real good people.

Most people won't let you use the toilet. She gave us milk
and cookies.

You build a bearing wall
in her basement?

Those old brownstones
are overbuilt as it is.

She didn't need
any structural support.

So you never
touched the basement?

No. She asked us about maybe putting in
a maid's room downstairs.

| gave her an estimate but she never
got back to me.

So how long has it been since you actually
did work for her?

About eight months ago.

She ordered some materials
through me last month.

Cinder blocks?
Cement?

Yeah, copper pipes,
fixtures, flooring.

All the makings
for a nice, cozy hideout.

This woman has dedicated her life
to the children of this city.

There is no reason
you should be harassing her.

Unless you back off, I'm gonna slap you
with an injunction.

Go for it. Any judge will see our actions
are consistent...

with a normal
police investigation.

You have no idea how destructive
your actions are.

Parents come over with their kids, they see
police cars parked outside.

Neighbors are calling,
asking what's going on.

Miss Fenady's even gotten
calls from the media.

Well, Miss Siegal, you have your job
and we have ours.

As long as Miss Fenady remains a suspect in the
disappearance of a child...

we have no intention
of backing off.

That's your line
in the sand. Fine.

Nice performance.
It is just a performance.

Unless we get some results...

the minute Siegal gets
to a judge, school's out.

Well, before she gets an injunction we're going to
need another search warrant.

Judge Romney's
a defendant's judge.

He might see a second search as part
of a pattern of harassment.

Well, how's he going to see Ms. Fenady lying to us
about her remodeling?

One last time, Miss Fenady.

What's behind that wall?

| don't know. | wasn't here
when they built it.

It's probably nothing.

It could be dead space
on the other side but. ..

no way through
that we can find.

Tommy, tell the press to work from the other side
of the street, all right?

[journalists chattering]

[footsteps pattering]

Strike out up there? (technician)
Nada.

Anything?

Yeah, the walled-off part of the basement is
right under this floor here.

Your warrant specifies you're not allowed
to tear anything up.

Miss Fenady, how many other TVs do you have
in the house?

Two. One upstairs in my bedroom
and one in the playroom.

Really?

Then why do you have four lines splitting off
from the cable junction here?

This line goes right through
the closet floor.

You wanna tell me now?

(Logan)
Wendy?

Are you all right?

"Docket number 286721,
People v. Arnette Fenady.

"Charges are kidnapping
in the second degree...

"custodial interference
in the first degree...

"endangering the welfare of a child
in the first degree."

How do you plead?
Not guilty.

People request that the defendant be held
without bail, Your Honor.

My client is not
a violent felon.

She abducted a 10-year-old girl off the street
and held her in a basement.

We don't want to put the girl at further risk.
Your Honor.

Save it, Miss Siegal. | have three of my own.
Bail is $250,000.

Aren't you on the wrong side
of the plate here, Rose?

| thought children's rights attorneys defended minors,
not their abductors.

Sometimes defending an alleged abductor is in the
best interest of the child.

Miss Fenady took Wendy without the consent
of her legal guardian.

We've got
our prima facie case.

If you're looking
for a deal here--

Never crossed my mind. | want you to drop
the case entirely.

If you'd look past
the statutes for a second. ..

you'd see that Arnette Fenady
was trying to save that child.

Do you have any idea what Wendy's life was like before
she took her to her home?

Oh, and it was really improved
by being stuck in a cellar?

Look, | know this woman
would never hurt a child.

If you have any doubts,
have your experts talk to her.

Have them talk to Wendy.

| guarantee
you'll see the light.

(Wendy) We had pizza with pepperoni,
then she showed me to my room.

She said I'd be safe just as long
as ho ohe found out.

(Olivet) Did she make you stay
in the room the entire time?

No, | came up for a party.

What party?

A birthday party.
She had a cake for me.

It was chocolate
with 10 candles on it.

It was your birthday?

My birthday's in October.

I'll be 11.
This was Crystal's.

Who's Crystal?

| don't know. That's what
it said on the cake.

Did Miss Fenady
ever hurt you?

No.

We read poems
and played games.

Weren't you worried
that Beatrice might miss you?

Miss Fenady said | could use the phone.
She said | could call.

Did you?

Thank you very much, Wendy.
Welcome.

[door opens]

[door closes]

If she were mistreated, | don't think
she'd keep it a secret.

So Fenady honestly kidnaps
children to save them?

Children?

Well, she did the same thing four years ago.
A 6-year-old girl.

Is there a way | could interview
Miss Fenady?

It's possible. | don't think
her lawyer would object.

(Olivet) Are you sure you don't want
your attorney present?

| don't need my attorney.

| don't understand
what all the fuss is about.

Wendy was happier with me.
Didn't she tell you that?

That's not the point.

Her mother,
her foster mother...

they didn't love Wendy.

It's hard for us
to know how they felt.

| know
how you're supposed to feel.

Have you had
those feelings yourself?

God gives people children.

And he sometimes
takes them away.

How would you know
anything about that?

| don't, but...

| have a feeling
that you do.

Did you lose a child?

How old
would she be now?

Ten?

It must have been
very painful for you.

She was nine months old
when she died.

You loved her very much.

I'd do anything for her.

Just like you'll do
for Wendy.

You know what they did?

Do you know
how they treated her?

Nobody treats Crystal
that way, nobody.

You know,
if you pray hard enough...

sometimes God answers
your prayers.

(Siegal)
Hell of a world.

If she weren't
a fictional character. ..

you'd want to toss Mary Poppins
into the booby hatch.

Your client
is mentally ill, Rose.

Why? Because she takes an abused kid off the street
and pampers her?

(Stone) Because she thinks
that kid is hers.

I'm trying to help you, Rose.
Great.

We lock Fenady in a state hospital, Wendy goes back
to another Beatrice Hines.

Whatever happens, Miss Fenady is not going to get
custody of the child.

No. But the press gets a whiff
of the real story...

maybe we re-examine
the foster care system.

Your client is Arnette Fenady, not the needy children
of the world.

And I'm representing her...

with all the zealousness required by
the Canons of Ethics.

By sacrificing her
for a cause?

Hey, I'm going
to win this case.

I'll tell Arnette of your generous offer,
and I'll see you in court.

[phone ringing]

Rose Siegal called.

Fenady would rather spend the rest of her life
in prison than in a hospital.

I'm sure she was fully apprised
by her attorney.

Well, if the woman doesn't want to plead insanity,
we can't force her.

Yeah, but we don't
have to try her.

Whether she was sane at the time that she committed the
crime is for a jury to decide.

But whether she's even competent to stand trial,
that's for a judge.

We challenge
her competency?

If she's delusional, she can't understand
the charges against her...

and she can't help
in her own defense.

Isn't this
her attorney's job?

That attorney is more interested
in making a point...

than helping her client.

Miss Fenady is sick. She belongs in a hospital,
not in a prison.

(Olivet) Miss Fenady operates
in a world of her own making.

A world where
she sets the rules.

Does she understand
our rules as they apply...

in the legal proceedings
against her?

(Olivet)
She won't even try.

All that matters to her
is her mission...

to rescue a girl she believes
is her dead daughter.

Nothing else is relevant,
nothing else is real.

(Stone) Dr. Olivet,
in your expert opinion...

is Arnette Fenady capable...

of understanding
her trial...

and assisting
in her own defense?

No. She's not.

Thank you, Doctor.

(Siegal) When you interviewed
Miss Fenady...

did she know who you were?

She knew
| was a psychiatrist, yes.

Does she know who | am?

She knows. | just don't think
she cares.

Isn't there a difference,
Dr. Olivet. ..

between believing the law is irrelevant
and believing it is wrong?

Of course.

And is a person who believes the law is wrong
incompetent to stand trial?

That depends on the person.
Let's take Miss Fenady, then.

Doesn't she believe
the law is wrong...

because it fails to protect children while
prosecuting those who do?

That's part of her
belief system, yes.

And isn't she capable of articulating
that belief to you...

to me, to a judge, to a jury?

Yes.

(Siegal) And you are a
board-certified psychiatrist?

Yes. I'm on the staff
of Manhattan Hospital.

And you examined
Arnette Fenady at my request.

Yes.

| found her to be passionate about the
well-being of children.

(Siegal) Does she hear voices
that tell her how to behave?

No. She decides how to behave.

In your
expert opinion, Doctor...

does Miss Fenady understand the nature
of these proceedings...

and the charges against her?

She not only understands them,
she welcomes them...

as a means to raise public awareness
of the problems of children.

Thank you.

Doctor, did Miss Fenady
decide to break the law?

| believe she did.

And did she decide to mistake
Wendy for her dead daughter?

Her belief is figurative...

an extension of her passion
to save children.

You are familiar with the interview
with Dr. Olivet, correct?

Where she repeatedly mistook
Wendy for Crystal?

She identifies the suffering of other children with that
of her own daughter.

It doesn't
make her delusional.

But if, in fact, Miss Fenady mistook Wendy
for her dead daughter...

what is to prevent her from mistaking
any other 10-year-old...

for her dead child?

By definition, Mr. Stone, a delusional person
will have delusions.

| just don't think
that's the case here.

Arnette, do you know
what you are charged with?

Kidnapping.

| rescued Wendy,
Your Honor--

Just answer your attorney's
questions, Miss Fenady.

The charge is kidnapping.

But | intend to prove
that | did nothing wrong.

How do you intend
to prove that?

With a trial in public.

Then, everyone
will know the truth.

(Siegal) But you know
that you could go to jail.

Could. Yes.

Do you understand
what my function is?

You're my attorney.

Your job is to make sure
that | get a fair trial...

to prove
that | did nothing wrong.

Nothing further.

(Stone)
Miss Fenady...

you don't think
that you did anything wrong...

because it was the will
of God, correct?

| believe it is God's will that children not be
neglected or abused.

Especially your own child?

My child died 10 years ago.

| did what | did
to help Wendy.

| have no doubt that the defendant
suffers from a colorful. ..

assortment of
psychological problems.

But that's all
they are, problems.

Therefore, | am not convinced
under Section 730...

that the defendant
is an incapacitated person.

The criminal action
against Arnette Fenady...

is to proceed.

[gavel pounds]

(Kincaid) If the judge could have
heard the way...

Fenady talked to Olivet.

Yeah, well even psychos can act normal when
it serves their purpose.

The judge had to go
with what she saw.

Not to mention their expert
cancelled our expert.

Rose Siegal must be pleased. Her issue's all over
the papers...

and she'll have a martyr to the cause
when her client goes to jail.

Yeah, if we convict.

I'm not even sure | still want
to prosecute.

You want that fruitcake
oh the street?

| want her
in a hospital, sir.

Well, that option went away.
Judge ruled against you.

| can still try
to cut a deal.

I'll drop it
to unlawful imprisonment.

You can drop it to a building permit violation
for all | care.

She's not guilty.
She needs help, Rose.

No, Ben, the children
of New York need help.

Without an insanity defense,
you don't have a case.

All | have to do is seat one mother
on the jury.

You can play the heartstrings all you like,
but the fact remains...

that your client took Wendy Sylvester off the street,
held her in a place...

that she was not likely to be found. Read the statute.
That's kidnapping.

For the past two years, Wendy's legal guardian
has been Beatrice Hines.

(Stone) But at any time
did the defendant ever. ..

have custody, guardianship,
or any legal right...

or authority
over Wendy Sylvester?

No.

Now, when Wendy was under the care
of Beatrice Hines...

did you ever hear complaints
about Wendy being abused?

Wendy's homeroom teacher
called Children's Services.

She said that Wendy was coming to school
with bruises.

We investigated and took what we considered
to be appropriate action.

Did anyone else from the school ever contact you
about her condition?

The school nurse, about the same time
as the teacher.

But what about Arnette Fenady?

Did she ever voice
her concern to you...

about the condition
of Wendy Sylvester?

Until she was arrested, | had never heard
Miss Fenady's name.

Thank you.

Your withess.

Your investigation of Wendy's case found
that she had been beaten. ..

that she
was left unattended. ..

unfed, unbathed,
barely clothed.

Is that correct? (Freeman)
Yes.

And what is this appropriate action
that you took?

Miss Hines' male companion
was arrested. ..

and placed under judicial order
to stay away from Wendy.

Was that order effective?

| don't know.

Why didn't you move Wendy
to a safer environment?

Suitable households are hard to find.
It takes time.

So while you looked...

your appropriate action was to leave
this 10-year-old girl...

in an unsuitable household?

You have to understand. ..

compared to a lot of the cases
that we handle...

Wendy Sylvester
was relatively well-off.

Really?

(Siegal)
Thank you.

No, | never met
Miss Fenady in person.

She called the house a bunch of times
to talk to Wendy.

She sounded like a weirdo.
Objection.

(Welch)
Sustained.

Jury will disregard
that last remark.

Did Miss Fenady ever tell you why she wanted to talk
with Wendy?

Yeah. She said it was
about her poetry...

but | think she was calling
to check up on us.

Miss Hines,
why do you say that?

Because one time, she just ragged on the way
| was raising Wendy.

She said that
| wasn't fit to be a mother.

But did you ever, at any time, give Arnette Fenady
permission...

to take Wendy?

No. Never.

Fine. Thank you.

Miss Hines, how many times have you left Wendy
alone all night?

(Beatrice) | work nights.
| got no choice.

Fair to say it was more times
than you can count?

Look, she's a smart one. She can take care
of herself.

But you didn't even know she was missing
until the police notified you.

What do you expect
from me? | gotta work.

No more questions.

Court will recess
until tomorrow morning.

We set them up,
Siegal just knocks them down.

| doubt if Wendy
will fall as easily.

| have one more prep session
with her this evening.

When | got into the car,
she told me to lie down.

Then she put
a blanket over me.

Did she say why?

She said that Brian
was looking for me...

and that he wanted to hurt me.

And you believed her?
He hurt me before.

You know, what happened
when you got to her house?

You already asked me that.

Can we stop now?

Okay. | guess
we've done enough.

[exhales]

How old were you when you
decided to become a lawyer?

| don't know.
Maybe in high school.

Bet you had all A's.

No, | got B's in Art.

| want to be a writer. Or maybe a scientist,
like a paleontologist.

Anything but a mother.

Having kids sucks.

You know, Wendy...

it doesn't always
have to be that way.

So after | answer all those questions tomorrow,
what'll happen?

The jury will decide if Miss Fenady
did anything wrong.

And if they say she did?

That'll be up to the judge.

(Wendy)
| was at the laundry.

It's my job to do the laundry
for Beatrice.

And did you finish
the laundry?

No.

| went to Miss Fenady.

[exhales]

Wendy...

let's back up
7 little bit here.

Before you got to Miss Fenady's,
what happened?

| was on the subway.

Your Honor, permission
to lead the withess.

Objection, Your Honor.

I'm going to allow some
latitude on this, Miss Siegal.

(Stone) Wendy, do you remember
telling the police...

that Miss Fenady picked you up
in a car at the laundromat?

No.

| took the subway.
| was running away.

Miss Fenady said | could stay
as long as | wanted.

Wendy, isn't it true...

that Miss Fenady drove you
to her home...

and locked you
in an underground room?

(Siegal) Your Honor,
the District Attorney gets...

to ask the questions
not answer them.

She's right, Mr. Stone.
That's enough.

Can we adjourn
to chambers, Your Honor?

She lied, Your Honor.
Why?

Because she's not saying
what you want to hear?

Because she's saying
what you want her to say.

If you're accusing Miss Siegal
of subornation, counselor...

you're gonna need
a little more proof.

(Kincaid) Your Honor, Wendy told me
numerous times in prep...

that Miss Fenady
picked her up in her car...

covered her with a blanket
so ho ohe could see. ..

and took her to her house.

That might make her the first kid ever to tell
a fib to please an adult.

Your Honor, if | could just
talk with her.

Be my guest, if you want to be disbarred
for tampering with a witness.

She's still on the stand.
It's okay, Your Honor.

If Mr. Stone is finished
questioning Wendy...

| certainly don't plan
on cross-examining her.

Talk all you like.

Wendy, | know you know the difference between
a truth and alie. ..

and what you did in court
was lie.

You told me
what really happened.

| said Miss Fenady
never hurt me.

Not like Brian did.

But you want
to put her in jail.

No, we want to
get her help, Wendy.

You think she's crazy. Why?

Because she took care of me?
Because she wants to adopt me?

(Kincaid) She told you
that's what she wants to do?

Yeah.

But she's gotta be nuts
to want me, right?

No, Wendy, she's gotta be nuts
to think you're not Wendy...

to think you're someone else.

Surprised by our own witness,
the victim.

The jury's wondering
what the hell we're doing.

You said she was prepared.

It isn't Claire's fault. The girl willfully
committed perjury.

So what do we do,
indict a 10-year-old?

We could put her back on the stand and treat her
as a hostile withess.

And the jury sees us
putting words in her mouth.

Rose Siegal
is gonna love that.

Might as well send a car
and drive Fenady home.

It's not fatal. We established our case
with the other withesses.

And the jury remembers that, after they wipe the tears
from their eyes.

(Siegal) Wendy Sylvester was passed on
by a mother who didn't care...

and passed over by a system
that should have.

Arnette Fenady could not
watch this neglect.

She believed that Wendy
would not survive.

Rather than turn a blind eye,
she did what, | believe...

most of us have the urge
to do, get involved.

The law provides for the Arnette Fenadys
of this world.

It allows that otherwise illegal conduct
is justified...

if it saves a child's life.

She could have called the police, but instead
she lied to them.

She could have called Children's Services,
but instead ...

she evaded them.

So Miss Fenady's
so-called good intentions...

were, in fact,
just deceit.

Fortunately, no harm came
to Wendy Sylvester.

But what about the next time?

We live in a society
bounded by law...

and there is a system, and it does work.
Not perfectly...

and not in every case.

But those of you...

who care for children, you must ask yourself
this question:

Do you want the Arnette Fenadys
of this world. ..

to judge the quality
of that care?

And if she judges
that care as lacking...

and your child is removed
and hidden from you...

to whom do you appeal
that judgment?

As to the first count
of the indictment...

kidnapping in the second degree,
how do you find?

"Not guilty."

(Welch)
As to the second count. ..

custodial interference in the first degree,
how do you find?

"Not guilty."

As to the final count, endangering the welfare
of a child...

how do you find?

"Not guilty."

(Welch)
So say you all?

Court is adjourned.

[gavel pounds]

Arnette Fenady applied
for custody of Wendy Sylvester.

She must be crazier than we thought. No way a court
grants her application.

No way she was supposed
to be acquitted, either.

What kind of mother
could she possibly be?

For Wendy's sake,
| hope a good one.

[tongue clicks]