All language subtitles for Law.and.Order.S11E12.Teenage.Wasteland.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

In the criminal justice system
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.

You talk to Mr. M.
about the fridge?

Says we can take it
when we're through today.

Freddy's cousin's coming
with his truck later.

What about the A.C.?

It's staying.

That figures.

Yeah, probably
doesn't work anyway.

Oh, my God.

Eddie!

Asian male, late 40s

multiple blows
to the face and head.

Multiple blows?

The back of his
head's crushed in.

How long has he been dead?

Rough guess,
since last night.

But it's hard to tell.

Rained yesterday.

Body's been sitting
in a puddle.

Any I.D.?

Just 30, 40 bucks cash,
small change

and two soggy
restaurant receipts.

Writing's smudged
from the water.

Let me see.

Looks like Chinese.

Maybe that's his bike.

Who lives here?

It's vacant.

Guys who discovered him
are the painters.

And he was found covered like this, with
the blanket?

Same blanket fibers
are on the doorframe

and there's
some blood spatter.

He was done here.

All right, round up the super,
the handyman, whatever

and close all of this off.

Now, why would a guy
make a delivery

to an empty apartment?

Maybe he got
dragged down there.

I want you
to check with all

the local
Chinese take-outs.

See if we can find out
who this guy was.

Hey, Lennie,
he must've been locking up

and got jumped
before he could finish.

Well, he's
finished now.

[Captioning sponsored by
STUDIOS USA TELEVISION

and NBC]

We were married
over 20 years.

Owned the restaurant
almost ten.

I'm very sorry,
Mrs. Ngai.

We'll try
to keep this short.

Thank you.

We do have a few questions,
if you don't mind.

You didn't report
your husband missing last night?

I thought he
was sleeping here.

Has he done that before?

Many times.

On Saturday we open early.

I don't like him to drive home
so late by himself.

By himself.
So you'd left already?

We were slow.

It was raining.

My husband sent me home.

What time
was that?

10:00.

Who else was here
after that?

Oh, Jenny, my niece.

She takes the orders.

Works the register.

When you left--

was that the last time
you spoke to your husband?

No.

He called about 11:00,
to make sure I got home okay.

Why didn't he go with you?

My husband works
15 hours a day

seven days a week.

Tommy never liked to close.

Thanks, Mrs. Ngai.

My uncle sent me home

around 11:30.

This probably came in
after I left.

Uncle Tommy must have taken
the order himself.

What about some
other record

of the address?

I always write them down

on the ticket
and on the receipt

but there's nothing here.

Unis canvassed the building,
and the two buildings adjacent.

Two people
ordered Chinese

but from different
restaurants.

Both of them
got their food.

So where was he going?

Well, we think it's
a little coincidental

that the vic gets killed
below street level

in front of an apartment
that nobody lives in.

Well, if that's true

the perp had to know
the apartment was vacant.

And had access
to a phone.

Which doesn't mean
he actually lives in that area.

Preliminary forensics
on the blanket

looks like the contents
of a sewer.

A homeless guy?

Well, the area in
front of that door

might've made a nice
little shelter.

All right, pull the LUDs
from any pay phones nearby.

Let's talk
to the tenants again.

See if anyone saw someone
hanging out last night.

Last night? No,
but there's a guy

who sleeps down
there sometimes.

I see him every
once in a while

on my way to work
in the morning.

How long has that been?

Off and on, I'd say
a couple of months.

Did you get a
good look at him?

I never look. I mean,
who wants to make eye-contact?

But I hear the tenant
who used to live there

had trouble with him.

You know this tenant?

No. Young kid.

Nice enough, quiet,
lived with his girlfriend.

Any idea where they moved to?

No. I'm sure the landlord
can tell you.

Doorman makes all the
difference, you know?

I couldn't even get
packages before.

Had to go to
the post office.

What about
this homeless guy?

Late 50s, I think,
white guy.

We'd open the door
to go to work

and he'd
just be there.

So you moved out?
Mm-hmm.

We called the police
a couple of times.

They even got him
to leave once

but a few days later he came back and he
was pissed.

He threaten you?

Just yelled a lot.

Went on about how he'd
fought for my freedom

and now I don't even let
him sleep in my doorway.

Sort of freaked me out.

We started looking for another place right
away.

Sounds like we
lucked out, huh?

We took 42 smudges--

12 useable prints off the frame,
22 off the door.

Three show up with sheets.

No felonies.

Well, we got a
witness who says

our guy might've been
in the armed forces.

Yeah, so I ran
the prints

through the Defense
Department's database.

Your witness
was right.

"Marvin Warner. Sergeant.

Honorably discharged
May, '76."

Two misdemeanor
loitering charges.

Sounds like our guy.

Green.

Uh, we're going to need

the photo
from his last arrest.

I'll get you a printout.

Okay. Okay, thank you.

Lennie, that
was Mrs. Ngai.

She said somebody called
the restaurant on Friday

about an order placed.

He never got his food.

He wanted to make sure
the girl that took the order

didn't charge
his credit card.

Thanks.

Thanks.

You told me you
left at 11:30.

I did.

This man's wrong.

He said you took

his credit
card number.

Which means we're going
to get a validation

from the credit card company,
and the time.

So if there's something you know, you
should tell us.

I'm sorry.

It's my fault
Uncle Tommy got killed.

Uh, what do you mean?

I'm supposed to take
callback numbers

to make sure the orders
are real, but... it was last.

I forgot.

How could you
have known?

You told me that you write the addresses
down on the tickets.

I put them
in my coat pocket.

I'm so sorry.

"631 East 12th.

110 East Second Street
basement apartment."

So whoever called in the order

definitely knew
about the apartment.

Which doesn't eliminate
the homeless guy.

Yeah, but we got zip
on the LUDs from the pay phones

and the addresses
from his priors are bogus.

So what are we doing
to find this guy?

We got unis checking the parks
and the shelters in the area.

And his arrest photo's
circulating the neighborhood.

Well, he's
a veteran, right?

How about we check
the VA Hospital?

I'll check their
outpatient lists.

Yes?

New York City
Police, ma'am.

Is there a Marvin Warner
living here?

Marvin's my brother,
but, uh, he doesn't live here.

Is he in some
sort of trouble?

No. We think he
just might be able

to help us with an investigation
we're conducting.

An investigation
about what?

We just need to ask him
some questions, ma'am.

I don't know
where he is.

Nobody's looking
to hurt him.

Yeah, well, how
do I know that?

My brother has had a
difficult life.

Ma'am, I was
in the service, too.

I know the transition back
can be very hard

but, please,
let us talk to him

before he
really does get hurt.

If he's in the city,
he likes to panhandle

at a bodega
on Ninth and Avenue A.

When our mother died a year ago,
that's where I found him.

Guy works 15 hours
a day, winds up

in a puddle
in the rain.

He left his mark, though

three kids, a business
that supports two families.

Hey, check it out.

Here comes
Sergeant Slaughter.

Marvin Warner?

They must be
from the Prize Patrol.

Ed, tell him
what he's won.

You've just won a fabulous
time share upstate.

Come on.

I didn't rob anyone,
and I didn't kill anyone.

We got a witness who says

you're a pretty
belligerent guy, Marvin

What witness?

The tenant who used to live
in the basement apartment.

The dot-com kid?

Piece of crap--
him and the girl.

How's it hurt them, me trying to stay out
of the weather?

There's shelters for that.

I'm not an animal.

I served my country.

I deserve better
than that.

Yeah? What about Mr. Ngai?

Didn't he
deserve better?

I told you, I don't know
what you're talking about.

Your blanket
was wrapped around his head.

Must have been
pretty hungry

to trade a nice,
warm blanket

for some cold
Chinese food.

You want to know
about my blanket?

Well, how about you
just ask those kids?

What kids?

The kids that kicked me
off the landing.

Yeah, I was...
I was hanging out there

same as usual,
and these punks come by.

How many?

Four or five.

Tell me to take a walk.

I put up
a pretty good fight, too.

Only it was four against one.

They wouldn't even let me
keep my blanket.

What time was this?

I don't know,
but it was still raining.

What'd these
kids look like?

Kids, just, you know,
regular kids.

There was a girl and four guys.

Yeah, some teenagers.

Had you seen them
there before?

No.

But the little bitch
they had with them

she had a key to the place.

So, we're buying
Warner's story?

We got a lady on the first floor

thought she heard
some arguing

earlier that night.

Which makes Warner's
timing right.

What do we have
on these kids?

Just a neighbor from the canvas
says he saw

a bunch of kids
getting into a blue car

while he was
walking his dog.

No make, no plates.

That was around 12:30 a.m.

What is this?
A thrill killing?

Doesn't look like an accident.

Well, how did they know
about the apartment?

How did they get a key?

I haven't been down here
since Friday morning.

I was supposed to have the place
painted Saturday

and then this.

I can promise you

none of this stuff
was here Friday morning.

"Hwa Ying Restaurant."

Who else has keys?

The landlord, me, and I
gave a key to the tile guy.

Tile guy?

Yeah, we're trying
to raise the rent.

When was he here?

Friday afternoon.

I gave him a key and told him
to lock up when he was done.

Did he return it?

Yeah, it was in my box
Friday night.

It's the one I gave
the painters.

Who is this tile guy?

I got his card in my office.

In the meantime,
nobody comes in or out of here.

I left at 7:00.

Anyone confirm that?

My wife.

I was home by 8:00.

Give the key to anybody?

No. I put it in the box.

A kid came by, though,
just as I was leaving.

Yeah? What did he want?

He was looking
for someone.

I think he said,
"Mitch... Mike..."

something like that.

Said he was a
friend of the guy

who used to live there.

We haven't been back
to the apartment

since the end of the month.

You don't know anything
about this kid

that came by
Friday evening?

Absolutely not.

What about
Mitch or Mike?

You know anybody
by those names?

Mitch?

You sure he said "Mitch"?

Who is Mitch?

You want to fill
us in here?

Well, the weekend we were
supposed to move out

this place wasn't ready yet

so we went to a hotel.

I had everything packed.

Told my sister she could use
the apartment.

With her boyfriend.

Mitch? I gave Heather the key.

Told her to leave it
with the super

after the movers were done.

I knew that
was a mistake.

She's going to college
next year.

I think she's capable
of handing in keys.

Let's talk about
it later, okay?

Honey, please.

I did give the keys back.

I left them in the super's box.

He never got them.

Well, then I don't know.

Hey, somebody stopped
by that apartment

on Friday night saying
he was looking for Mitch.

So?

So you're saying
somebody looking

for your boyfriend
was just a coincidence?

You two didn't kind of
like extend your stay

did you, Heather?

Where were you
Friday night?

Some clubs in the city.

With Mitch?

Chris Donnels,
some others.

All right, we'll need
their names and addresses.

My mother and father knew
where I was the whole night.

You could ask them.

I paged her around 11:00.

She called me right back.

We gave her
her own cell phone

so we could keep
track of her.

Just because she called

doesn't mean she wasn't
getting into trouble.

She was home by 2:00.

I was up. I saw her come in.

What about between 11:30 and 12:30?

Why?

We have witnesses
that may have seen Heather

at your son's
old apartment

on Friday night.

Kevin's apartment?

Mm-hmm.

May have seen
her do what?

Why should you be
at Kevin's old apartment?

May have seen her do what?

We're trying
to sort that out.

Somebody also came by
looking for Mitch.

Mitch Regan?

If they were looking
for Mitch Regan

maybe you should be talking to him, and
not our daughter.

Look, Mitch is working right now
at the store with his father.

Can't this wait?

Well, when do
you expect him?

I still don't understand

why you want
to talk to him.

I mean, was he in an
accident or something?

We just want to look
in the car, ma'am.

We can call in
for a warrant

but then we're going
to have to take the car.

No. No, no, no.
D-don't take the car.

Do you know where your son was
Friday night, Mrs. Regan?

Please, what
is this about?

Look, he's a good kid.

I mean, if you're looking
for drugs or something

you're not going to find it.

What is it?

What did you find?

Looks like a snow pea.

I was at a club.

I didn't go anywhere
near that apartment.

Then why'd this kid
come looking for you there?

I don't know.

Hey, look, maybe

the last couple of weekends

I was there with Heather.

Chris probably just
got the night wrong.

Chris? You mean
Chris Donnels?

How'd you know
we were talking about him?

You remember
the homeless guy?

I don't know.

Aw, sure you do.

We got a witness
who says you

and your little buddies

roughed him up
that night, too.

Maybe you remember
his blanket.

I don't know anything
about this.

That ain't going
to fly no more.

We found Chinese food
in your Mustang, Mitch.

The lab is working

on every article of clothing
you own right now.

We're going to check out

every phone
call you made.

You think we're not going to find out what
happened?

And when we do

who do you think is going
to do the time?

Huh? Heather?

It wasn't me, okay?

I wasn't the one that hit him.

Then who did?

We didn't have enough money
to pay for the food.

Who's we?

Me and Heather...

Peter Franco, Chris Donnels,
and Nick Simms.

Look, the Chinese guy got upset.

There was some shoving.

Pete hit him.

Peter Franco.

I told him to stop,
but it was too late.

But he didn't mean
to kill the guy.

What about the blanket?

I put it over him afterwards,
out of respect.

Look, I swear

that's all I did.

I wasn't involved.

This kid was more
than just there.

He lied through
his teeth

until you found out
you had the goods on him.

I think we've got our doer.

The kid played too many angles
before he finally came clean.

And then he had
the presence of mind

to blame someone else.

Hey, what are friends for?

Charge him with murder.

A person doesn't lose
the back of his skull

unless his killer
intends him to.

What about the girlfriend?

LUDs from her cell phone.

11:40 call to
the restaurant.

Which means we can place
them all at the scene.

Pick 'em up.

We'll see how it shakes out.

Is your daughter here?

She's eating dinner.

We have a warrant
for her arrest.

What the hell's going on?

Heather Russo, you're
under arrest for murder.

She's not going
anywhere with you.

Don't make this any harder
than it has to be.

Bob, don't. Please.

On your feet,
Heather.

I'm sorry.

You have the right
to remain silent.

Anything you do say can and will be used
against you in a court of law.

Docket ending
316 of 2000.

People against Peter Franco, Chris Donnels

Nick Simms, Heather Russo, and Mitch
Regan.

I'll hear you
as to the facts, Ms. Carmichael.

The victim

in this case, Thomas Ngai

was the owner of a
Chinese restaurant.

Late Friday night while make a delivery to
an apartment

previously leased by the defendant Russo's
brother

he was attacked, robbed and killed by the
defendants.

What was taken?

Apparently, just
the food they ordered.

I didn't do anything.
I didn't...

Counselor, I suggest

you tell your client
to shut his mouth.

What did the girl do?

We believe her to be the
individual

who placed the order to the restaurant
from her cell phone

luring the victim
to the apartment.

Your Honor, because
murder in the first degree

requires a defendant
to be 18 years or older

at the time of the crime,
the defendant Regan

is the only one charged
with a capital crime.

However, the People
are requesting remand

as to each defendant.

These are still
teenagers, Your Honor.

First arrest for each.

Regan has a juvenile record
for assault.

Those records are
sealed, Your Honor.

The People will be

making an application to unseal
them after this arraignment.

First arrests or not,
they're starting off at the top.

Your Honor...

I'm not going to try
this case here, counselor.

Defendant Regan is remanded.

Bail is set
at $250,000.

As to Franco, Donnels,
Simms and Russo.

This is outrageous.

Yes, counselor, it certainly is.

Let the games begin.

Motions for severance.

Like rats
off a sinking ship.

Donnels and Franco
claim Regan did it.

Regan points the finger
back at them.

And Heather Russo
is waiting to see

which way the wind is blowing.

Which leaves Mr. Simms.

At this point he's not prepared
to make any statement.

I'm not looking
for a statement, counselor.

I'm looking
for cooperation.

If I don't get it from him

you can bet I'll get it
from someone else.

So far no one's pointed
a finger at you.

Once they do, you become
just another member of the pack.

What are you offering?

A top and a bottom.

If he was involved in
any way in the murder

man one and he
serves five to 15.

If he was just there

six months and probation.

Six months?

Just for being there?

No one walks on this,
counselor.

A man lost his life.

A woman lost
her husband.

Three small children
lost their father.

I'm giving him this one
chance to tell me why.

It wasn't supposed
to be like that.

You mean, like murder?

We just went into the city
to have a good time, you know?

Killing a man's a strange way
of having a good time.

We were at the apartment
drinking some beers, smoking

just hanging out, and I think
it was Pete-- Peter Franco--

who said he was hungry,
but no one had any money.

So Mitch said we should call
some Chinese place

and order some food.

How were you going to pay?

We weren't.

We were going to just
take off with the food.

So you were going to rob him?

When the guy showed up

Pete and Chris
threw this old blanket

that we'd taken off some...
homeless guy.

Then they knocked him
down the stairs.

Where were you
when this happened?

With Mitch,
just inside the apartment.

When he fell, he tried to get up

but Mitch
like wrestled him down.

And then...

Pete and Chris
and Mitch--

they were like...
all hitting him...

and finally he stayed down.

Only he wasn't dead yet.

The forensic report indicates

a considerable period
of time passed

before another single blow
smashed his skull.

Probably minutes.

What forensics?

He threw up under
the blanket.

Simms said they
could hear him moaning

pleading for his life.

Dear God.

That's when Mitch Regan

that Ngai had seen
their faces

and that if they didn't
want to go to jail

they'd have to kill him.

While they argued about that

Ngai started retching.

Apparently, that wasn't
enough for Regan.

He wasn't about to wait.

He picked up a piece
of cement from the staircase

and smashed
Ngai's head with it.

Then they all
got in his car

a drove back to Queens
as if nothing had happened.

We have to consider
the death penalty for Regan.

What? Wait a minute.

Wait a minute.

It was Regan
who suggested the robbery

Regan who
incited murder.

And when no one else
would go along with him

it was Regan
who finished the job himself.

Have you looked at
his date of birth?

He's barely 18.

He made Simms drive...

so he could eat
the food he'd ordered.

He also has a prior assault as
a juvenile.

It happened two months
prior to his 16th birthday.

Otherwise, he'd be
a violent predicate felon.

The child he attacked

was left blind
in his right eye.

Look, I appreciate
your conviction here

but the death penalty
is not something

I'm willing to inflict
on a teenager.

On any teenager, or just this one?

What are you talking about?

A black kid sells some crack,
we put him in prison for life.

It's done every day,
without us blinking an eye.

Kid from the suburbs
does the same thing

we get people running around

trying to arrange
a rehab bed for him.

Yes?

Just a moment.

Abby, Part 79.

Okay.

We're not talking

about a drug
case here.

We're talking
about the death penalty.

Which is exactly

why we have to avoid
any appearance

that it wasn't
applied objectively.

We both know
the crime justifies it.

That was the clerk.

Regan might have
beaten us to the punch.

Judge Schreiber
just let him

plead guilty
to murder one

with a promise of
a life sentence.

A Writ of Mandamus asking me

to vacate the guilty plea.

Judge Schreiber
had no authority

to accept such a plea.

We plead to the top
count, murder one.

According to Hynes v. Tomei

a defendant
cannot plead guilty

while the prosecutor's notice

to seek the death penalty
is pending.

You haven't filed
the notice.

Because the statute
allows us 120 days.

But, you see, Hynes

doesn't cover
that situation.

The spirit of
the case does.

Judge, we'd be allowing
defendants to circumvent the law

if we let them plead guilty

before DAs had a chance
to consider the death penalty.

It'd create a race
to the courthouse.

It'd be the defendants who'd get to choose
their own sentences.

Well, better them

than some bloodthirsty
prosecutor.

Mr. Stanton.

No, I'm sorry,
Your Honor.

But Mr. McCoy
didn't seem to mind

races to the courthouse
when he was making offers

to any kid quick enough

to roll over
for him.

Well, that may be true,
but in the context

of the death penalty

I don't think we want
to be playing games

about notice has
been filed or not.

I'm vacating the plea.

Simply put, Mitch Regan
cannot plead guilty

until the People
have reached

their own decision
about the death penalty.

Your Honor...

I'm sorry,
counselor

but this is
for the protection

of all defendants.

Well, this is one defendant

you just protected right back
into a lethal injection.

You'll forgive me
if I don't say, "Thank you."

Leslie Stanton-- the man's a legend

in a lot of
people's minds.

Especially his own.

He's taking
the case pro bono.

Well, I'm sure
the publicity

will more than compensate him for his
time.

The point is, the ball's
back in our court.

What if I simply waited

for the headlines to
go away, and then...

quietly announced I
considered the evidence

and decided not to seek
the death penalty?

You're not going
to do that.

All right. Call
the senior staff.

I'll hear all
the arguments.

No, my point is, how can we ask
for the death penalty

when other jurisdictions
are considering a moratorium?

Honestly? I don't think it's a
problem.

There's two issues involved
with the moratorium.

The potential for an innocent man being
executed--

faulty DNA evidence,
something like that--

and ineffective assistance
of counsel.

But-- correct me if I'm
wrong, Jack-- I haven't heard

anything to suggest
that this guy didn't do it.

And Wes Stanton
has tried

more capital cases
than I have.

What about the guidelines?

Where does he fit?

Both Jack and I concur

the juvenile assault
should be considered

a prior crime of violence.

Why?

Because it occurred

two months prior
to his 16th birthday

and it involved substantial
injuries to his victim.

We also discounted a separate
incident

involving
a neighbor's pet--

a cat-- which contained
allegations of animal torture.

The facts weren't clear
in the probation report.

I'd agree
he's already had his bite.

Now, the heinous
nature of this crime

is self-evident

as was his total disregard
for the victim's life.

Exude me, but why aren't
we talking about this kid's age?

We can talk about
it all you like

but if we use his age
to disregard

every other guideline,
it only makes

our determination more
arbitrary, not less.

He's right.

Legislature's established
a bright line at 18 years old.

I don't think
we should blur it.

Blur it? Whatever happened
to the exercise of discretion?

I agree with Nora.

I don't think it's a simple
as a bright line.

This kid's got a family,
a high school education.

He's got a job
at his father's store.

Meaning what?

Meaning I think he has a chance.

What about the kids
who never had a chance?

Who wrings their hands for them?

No, I'm sorry, but being
white and from Queens

isn't mitigation
in my book.

We're also not
just talking about

a white defendant.

Let's keep in mind
that a decision here

not to seek the death penalty

could very well be perceived
as discriminatory

by the Asian community.

No, I'm not going to kill
a white kid

just to prove
I'm politically correct.

No one's suggesting you should.

But if we're prepared to visit
this type of punishment

on offenders at all,
we'd better not refuse to do it

just because he looks
like the kid next door.

Hi.

You know, you can get
anything you need

on the computer
with Westlaw.

Oh, I like the books.

What are you Sheppardizing?

U.S. Supreme Court
decision from Oklahoma.

Juvenile death penalty.

Unfortunately, the
court's very clear

that no "national consensus"
exists

that violates
cruel and unusual punishment

when the death penalty

is given to somebody
over the age of 16.

I was hoping to find

a New York court
that disagreed, but, no.

He's 18, Nora.

In the eyes of the law
he's an adult.

Have you seen
his arrest photo?

I don't think
he even shaves.

Well, I'm sure shaving

is a legitimate male rite
of passage

but it certainly shouldn't be
the standard

to decide a capital case.

Which should be the standard
to take the life of a teenager?

Where I come from,
it's when what a person's done

is so vicious, so cruel

he forfeits the right
to get any older.

Where I come from, a person
can't forfeit that right.

We can only take it from him.

My decision today continues
this office's tradition

My decision today continues
this office's tradition

of objectively applying
the laws of this state

to the cases
it's charged with prosecuting

in this great city.

Ours is an island,
but we are not untouched

by the national debate
or its dictates

concerning the death penalty.

That being said

my decision goes
against my personal feelings

but, as District Attorney

I took an oath
to uphold the law

which includes applying
the death penalty

fairly, with due process of law.

To do otherwise would be
to substitute my own judgment

for the judgment of those
the People elected

to make such decisions.

Accordingly,
I am forced to conclude

that notice to the court

of our intention
to seek the death penalty

in the case of The People
v. Mitch Regan is appropriate.

The jury was out
less than an hour.

And Stanton didn't call
a single witness.

I think Stanton is saving
his credibility with the jury

to plead for his client's life.

When are you
back in court?

Judge Schreiber
starts the penalty phase

tomorrow morning.

Do we have
any witnesses?

He limited our presentation
to the M.E.

Well, what about
mitigation?

I assume Stanton will mount
his case now.

Well, he was hoping to call
one of Regan's teachers.

But?

Schreiber ruled that
would open the door

to the prior juvenile history.

I don't think Stanton
wants the jury to hear

how his client

viciously assaulted
someone in the past.

Especially a child.

Which leaves
him with what?

He's calling his mother.

Doesn't everyone?

Doctor, earlier in this trial

you indicated a single blow
from a blunt object

caused Mr. Ngai's death.

Yes, Mr. Ngai died
from a depressed skull fracture.

Basically, the back of his head
was crushed in.

There was also mention

on cross-examination
by Mr. Stanton

that the fatal injury
sustained by the deceased

might have been received
during the initial attack

at the top of the stairs.

Anything is possible.

But I want to be
absolutely clear

that that is not
your expert opinion.

No, it's not.

Why not?

Because of the evidence
I found of regurgitation.

The vomit under
the blanket.

Anything else?

There was a pattern

of blood focal hemorrhages
on the surface of the lung.

Now, this blood didn't appear to
be from any internal injuries.

Rather, it was more likely

from the facial injuries
and broken nose he received.

As a result, Mr. Ngai was
breathing in his own blood.

As he did, it spread
through the smaller airways.

Both the regurgitation

and blood could
only have occurred

sometime prior
to the fatal head injury.

I divorced when Mitch
was three years old.

What was the cause of the
divorce?

My former husband,
Mitch's biological father

had a drinking problem.

Eventually

he abandoned
Mitch and me.

Did that affect your son?

Very much so.

He cried at night,
had nightmares.

It was a very
difficult time.

For both of us.

He's your only son.

With his father.

I have two
other children

with my husband.

So Alex Regan is not

Mitch's natural father.

His stepfather.

And what is
that relationship like?

It's always been

a little strained.

My husband is a good man, but...

he's been hard
on Mitch.

I've always
thought

a little too hard
at times.

Before I got married...

he watched out for me.

He protected me...

even as a small child.

He's still like that

with his brother
and sister

When his grandmother
was dying

he wouldn't
leave her side.

He's not this monster.

He isn't.

I know him.

I know him better
than anyone

in this world.

You have to believe me.

Thank you, Mrs. Regan.

Mrs. Regan, was your son
ever physically abused?

No.

Not by his stepfather and
not by his biological father.

Bill, my first husband,
was an alcoholic

but he wasn't a violent man.

And your current husband?

Never.

And you cared for your son

gave him food and shelter,
love and support?

I thought so

but there must be
something I did.

Mrs. Regan,
you said you know your son

better than anyone
in the world.

Yes.

Did you know
he was capable of this?

I have nothing further,
Your Honor.

It started out kind of like a...
goof or something.

Like, somebody said,
"I'm hungry"

but we had no money

and we all started laughing

and... I don't know.

Heather called and we were just
going to take the food.

But something more happened.

Didn't it?

When the guy got there

Peter and Chris jumped out
from behind two cars

and threw this blanket
over his head

and then he fell
down the stairs.

He fell.

Then what happened?

We didn't know
what to do.

I mean, the guy
was hurt pretty bad.

That's when Peter
started to get scared.

We all did

and Peter said the guy
saw his face.

Him and Chris...
and... I don't know.

Everybody started freaking out
and it just... happened.

How do you feel about it now?

I feel...

bad.

Really sorry

but I know whatever I say is
not going to make it better.

Did you talk
to your folks about it?

My mother.

My father hasn't
come to see me.

My mother says
that he wants to

but doesn't know what to say.

Like she said, things have sort
of been like that between us.

What do you want, Mitch?

What do you want to happen?

I want...

I don't know.

I just wish
it hadn't happened.

I mean, not just, like, right
after my birthday like that.

I'm sorry... I really am.

Okay, son.

Okay.

Mr. McCoy?

You're sorry it happened.

Yes.

After your birthday like that.

I'm just sorry it happened.

Nothing you can say will
make it better, right?

I guess not.

Not even
the truth?

What do you mean?

The truth about why
you killed this man.

Objection.

Overruled.

You were with Nick Simms

inside the apartment
when the blanket

was thrown over Mr. Ngai's head.

Is that right?

Yes.

And when you came outside
he was under the blanket.

That's right.

So who was it

who said he'd seen your faces?

It was you, wasn't it?

But that wasn't possible.

The fact is,
it didn't matter to you

whether he'd seen
your faces or not.

You wanted to kill him
all along.

I intend to instruct the jury

that they should consider
whether or not

a sentence of death
should be imposed

and whether or not a sentence

of life imprisonment
without parole should be imposed

and that they must be unanimous
beyond a reasonable doubt

as to either one.

And in the event they're
not unanimous, Your Honor?

I'll tell them

if they fail
to reach agreement

then I will sentence
the defendant to a term

of imprisonment
with a minimum term of 20

or 25 years
and a maximum term of life.

Your Honor, you tell
those people there's a chance

this boy might be back out
on the street some day

you play to their fears.

To the worst in them.

Until the Court of Appeals
tells me otherwise

my hands are tied here,
counselor.

Mr. McCoy,
pursuant to the statute

you will deliver
the first argument.

18 years old

and already a cold-blooded
murder to his name.

Because of his age

defense counsel wants you
to give him another chance

but the fact that he abandoned

his responsibilities
to all of us so quickly

doesn't mitigate what he's done.

It only makes it
that much more frightening

because this teenager
is the one who lives next door

the one we see ourselves in.

His act betrays us all.

Somewhere that night, he ceased
to be who we thought he was

and instead, he became
everything we fear.

But...

his is not the only life being
measured in this courtroom...

not the only face for you
to remember here today.

Imagine, if you will,
the last moments

of the victim's life

and when you do,
imagine it not slipping away

but being beaten out of him.

Mr. Ngai was a slight man,
a family man.

That night it was cold...

raining.

Mr. Ngai sent his wife home
to be with her children

but he stayed to work--

for them

and when he arrived
to make a delivery

he was set upon,
thrown down a flight of stairs

a filthy blanket
forced over his head

to stifle his screams.

Badly beaten.

He vomited
underneath the blanket.

He breathed in his own blood

yet all the while,
managed to plead for his life

but rather than evoke
any sense of mercy

Mr. Ngai's desperation
only provoked more viciousness

in this defendant--

a savagery that silenced
his pleas

by crushing his skull
with a rock.

As you think of this defendant

you may regret
what might have been

but judge him for who he is.

Forget what he looks like

and remember what he did.

So.

Finally we come to it.

Come to the decision not of
who's so evil, so unredeemable

we put them to death

but how young

can we put them to death?

At what age

do even liberals
throw in the towel?

Down where I come from,
down in Texas, it's 17

but up here,
up here in the Big Apple

you all don't exercise

your own blood lust
till the ripe old age of 18

not old enough to drink

but apparently,
old enough to execute.

So.

How young can we do it?

It all depends on what it is
that makes a life worth saving.

Is it a mother's love?

A kind act?

If that's all it is,
then all of us are worth saving

but the law...
the law doesn't require

nearly that much.

You see, the law only requires

that there be some question,
some reasonable doubt

as to the value of the life

the prosecutor
is asking you to take

because it has to be definite

this willingness
to put a boy to death

and the only trouble with that

is that at 18,
nothing is definite.

At 18, life is nothing
but questions.

In fact, can there be any doubt,
any at all

that 20, 25 years from now

this boy, if allowed to live

will be a different person

from the one sitting
before you here today?

Will he be a better person?

I don't know.

But the fact is...

neither do you.

Spare his life.

Spare us all.

I understand

the jury has reached a verdict
as to sentence.

We have, Your Honor.

I'll ask the defendant to rise.

Render your verdict,
Mr. Foreman.

As to the first count
of the indictment

murder in the first degree

the sentence of this jury
is death.

No!

No!

Please!

Don't kill him!

Don't kill him.

No. No.

My God...

Stanton can probably
drag this out for a long time.

He may not have
as much time as he hopes.

Supreme Court's been
consistently narrowing appeals

for death row inmates.

Well, with any luck

we'll be able to
strap him to a gurney

before he's 21

and God have mercy on our souls.

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