All language subtitles for Law.and.Order.S06E01.Bitter.Fruit.1080p.AMZN.WEB-DL.DDP2.0.H.264-playWEB_track3_[eng]

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.

Thirty-four metal,
twelve glass.

Thirty-four metal,
twelve glass.

Thirty-five metal,
twelve glass.

Thirty-five metal,
twelve glass.

Thirty-five-and-a-half
metal, twelve glass.

Thirty-five-and-a-half
metal, twelve...

Oh, my God.

Oh, my God.

Come on, Dorothy,
click your heels
and wake up.

Come on. Come...

Oh, my God!
Help her! Help!

What do you mean,
"How's it going?"
It's only been a month.

Come on, Lennie.

He's okay.

What? For a kid?

I've got ties older than him
and some shoes, too, I think.

I'd like it if you two
really became partners.

Well, I'd like it if
both my ex-wives got new
partners. No more alimony.

And I'd like at
least a token effort
at the chain of command.

Is that all?

That's all.
I'll see you
in the morning.

Yes, I'll tell him. Go
to bed now, okay? I'll
see you in the morning.

I love you.

My daughter says good night.

Right back at her.

She's funny.

She feels bad because
you don't have anyone
to tuck you in at night.

Oh, yeah? Now,
let me guess where
she got that idea.

Kids hear things
out of context.

Right, because
my particulars

are the hot topic
of conversation at
your dinner table.

Lennie, you're
my partner.

My wife worries
about who's watching
my back, that's all.

Briscoe.

Yeah.

Got it.
We're up.

You know, it's
a funny thing, Rey,

while your wife
worries about your back,
I worry about mine.

One of our recycling
kings found her about
a half hour ago.

He was looking for soda
cans, lifted up the plywood,
and there she was.

Any ID?No.

I got a team looking
for a schoolbag or purse.

Dietrich,
what's the story?

Time of death,
6 to 10 hours.
Unknown cause.

We got a hematoma
on the right side
of her head,

and abrasions on
the palms of her hands.

Oh, man. What
is she, 12, 14?

Somewhere in there.

Take a Polaroid,
show it around,

maybe somebody
knows her from
the neighborhood.

Not this neighborhood.
This blazer's from
Paul Stuart.

Kid's a long
way from home.

What's that smell?

It's mothballs
from this sheet
she was wrapped in.

All right. Bag her hands and
roll her. And tell whoever's
working the day shift

I want this girl
to be the first
cut in the morning.

Poor kid, from Paul
Stuart blazers to this.

Yeah. Not exactly
what her folks
had in mind.

Come on,
let's see if we can
scare up a witness.

I told you, I wasn't
looking outside.

I was trying
to get my
baby to sleep.

She's teething.Yeah. I'm sorry.

Look, I've been there.
Take my card.

If you remember anything,
give me a call, okay?

Yeah, and who do I call
to make a complaint
about waking up my baby?

Bunch of cigar-store
Indians down there.
"No see 'em, no talk 'em."

Sorry.

Wooden Indians are
your culture, Lennie,
not my wife's.

Sorry to wake you, sir.
I'm Detective Curtis.
This is Detective Briscoe.

If it's about that
body they found,
I can't help you.

I was in bed
watching TV.

Least till the
cavalry showed up.

You mind
if I get myself
a glass of water?

I've been huffing up
these stairs all night.

Make yourself at home.
Water's in the kitchen.

Uh-huh!

Now what do you do
for a living, Mr...

Krutsky.

Alan Krutsky.
I'm retired from
the postal service.

Disability, on
account of my feet.

Look, I wanna get
back to my breakfast.

Oh, be my guest.

So, you stay home
most of the time, huh?

That's right,
minding my own business.

Right. And sitting in
this chair and watching
the world go by, huh?

It's a pretty nice roost.
Better than TV.

So did you happen to catch
the play-by-play action in
the vacant lot last night?

Bums and drug addicts,
I don't wanna mess with.

Can you leave now?
I like eating in private.

Come on, Mr. Krutsky,
a little girl got killed.

You were a public
servant once. You
wanna help us out here?

All I saw was a
couple of crackheads
doing their thing.

They cleared out about 10:00.
That's when I went to bed.

Anything out
of the ordinary?

Well, there was this van.

It came by two
or three times,
just before 10:00.

I thought maybe they
were looking for drugs.

What kind of van?A white van.

I couldn't make out
a license plate. Okay?

Goodbye now.

Off the bat,
I don't see any
signs of sexual trauma.

I guess killing her
was traumatic enough.

Brain hemorrhage in
the right temporal lobe.

Judging by the rate
of seepage, death was within
20 minutes of the injury.

That being the
bump on the right
side of her head.

Mmm-hmm.

Hematoma's about the size
of an adult fist,

but she didn't go
down without a fight.

There were bruises on her
upper arms, probably from
being pinned down.

And she had bruises
on her knuckles.

So she got in a few
punches. Good for her.

Dietrich saw abrasions
on her hands.

I found glass shards embedded
in her palms and in her hair,

and that's it, gents,
quick and dirty.

Anything else
you want to see?

They ran her through
Missing Persons.
Nothing yet.

I'm not worried. Girl in a
Paul Stuart blazer, somebody's
bound to report her missing.

What about the doer,
he leave a calling card?

Well, the rape
kit's negative.

Forensics has the girl's
clothes and the sheet,

and there was a white
van reported in the area.

What about the sheet?

The label's from
a mail-order place.

Rey?

The sheet?

Oh!

Blue and white queen
flannel top sheet,
part of a set.

The company stopped
carrying it about
four years ago.

They don't have
any records.

Maybe we can
match up the MO.

Go back a year, attempted
abductions, reports of
children being approached.

Lot
of overtime.

Lucky you.

Start with attempts on girls
matching our Jane Doe.

These kinkos tend
to favor a type.

Detective Briscoe,
there's a call.

Thanks.

Detective,
close the door.

This thousand-yard stare...

Anything behind
it I should be
concerned about?

No. No. It's
just this kid.

I see her lying on the slab,
and I can't help thinking
it could be one of my...

But it isn't. Look,
if you're going to bug
out over every vic,

I can't use you.

Best therapy?
Clear the case.

Missing Persons
got a hit.

Jody Gaines, 12,
domiciled at
450 East 88th.

Father reported her
missing last night.

Yes, that's her.

What happens now?

Well, there's some
forms to fill out.

Then we'd like
to talk to you.

We'll also want to
talk to your wife.

My ex-wife.

She doesn't know. I wanted
to wait until I was
certain it was Jody.

Is there a phone?

Yeah. In the hallway.

She can meet us
down at the precinct.

On Wednesdays,
Jody takes piano
lessons after school,

on the West
Side, on 76th.

The school bus
drops her off.

How does she get home?

Her piano teacher calls
a car service for her.

Sounds like you
had her covered.

I tried to
protect my daughter.

Then when I got
home at 7:00,
she wasn't there.

She was supposed
to go to your place?

She lives with me.
The court gave me custody.

Anyway, I called her music
teacher. He said she never
showed up for her lesson.

I called the school.

The vice-principal said
she remembered seeing
Jody get on the bus.

Mrs. Gaines, could she have
skipped her piano lesson
and gone to visit you?

No, she knows I work
late. I'm a buyer
for Bloomingdale's.

Anyway, she wouldn't miss
her lesson. She loved
to play piano. She...

Did she ever mention that
someone was watching her
or following her?

No.

She would've told me.

I warned my daughter
about the kinds of people
that are out there.

Who else knew
about her schedule?

My housekeeper.
Mr. Behrens,
piano teacher.

And the people
at her school.

They have to be asking
themselves the question.

What question
is that?

Well, if the family
was still together,
maybe the girl'd be alive.

How do you figure?

Come on, divorced parents
are so busy making a new
life for themselves,

the kids end up falling
through the cracks.

So, you think they should've
toughed it out together
under the same roof?

Studies prove it, Lennie.
Kids are better off.

Or we might be talking
about two dead bodies
instead of one.

Fourteen years on the job,
I never lost a kid.

When you catch up with
the pervert that did this,

I'd like a few
minutes with him.

Take a number.

Now, yesterday, where
exactly on 76th Street
did you drop her off?

Right in front of the
building where her
piano teacher lives.

And you waited till
she went inside?

Yeah, sure.

I saw her
open the door.

You didn't
see anybody else
on the street?

No, I really didn't
pay attention.

Well, maybe the other
kids on the bus did.

It was just Jody and me.
She's my last drop-off
on Wednesdays.

I do the East Side first,
then I cut across
the park to Columbus.

And you didn't see
anything unusual, like
maybe a car following you?

No. I went around the
block to Amsterdam,
then up to 76th.

Just the
usual traffic.

I swear to you
she never showed up.

Well, we have a
witness who saw her
enter your building.

Well, I don't know
what to tell you.
She wasn't here.

One of your students
skips her do-re-mi's, and
you don't call her folks?

Well, the first time
that it happened, I did.

Jody went to FAO Schwarz
with her friends, you know.

She caught hell
from her parents.

What about the second
and third times?

Look, you know,
I'm as horrified
as you are,

but if I thought that
something had happened
to her, I would've called.

Just out of curiosity,
what time was your next
appointment after Jody?

Right after her.
Mrs. Deutsch.
All thumbs.

Unfortunately, she
never misses a lesson.

So the girl waits until
the bus leaves, then heads
to the nearest video arcade.

Or any other favorite hangout
for your neighborhood
chicken hawks.

When I was a kid growing up
around here, the worse thing
that could happen to you

was skinning your knee
playing Johnny on the Pony.

Yeah, well, I don't
remember things being
so rosy when I was a kid.

Well, when was that,
last week? Come on,
let's see if anybody saw her.

So you've never
seen her before, huh?

Um...

No. She wasn't in here.

All right.
Thanks.No problem.

I got nothing,
Lennie.

Yeah. Same
story here.

Nobody remembers
seeing her.

Everybody's too busy.

Except those guys.

Hey, that's 75th.

Very good.

Now try reading that sign,
it says "Lunch Special."

No, Lennie, the bus
driver said he came
down Columbus,

and went around the corner
to come back up to 76th.

Which means he
had to take 75th.

Hey, that's
pretty good.

Mind if we tear you away
from your work for a minute?

Was this street
open yesterday?WORKER: No.

Broken water main.
The street was
flooded all day.

Okay. Thanks.

I wonder if that bus
driver remembers
swimming down the street.

I'm not sure, maybe I cut
across on 75th or 73rd.

73rd was blocked off.

Then I took 75th.

I don't know, Lennie,
I'm pretty sure the
broken main was on 75th.

You know Rey,
now that I think
of it, you're right.

Look, I just
don't remember.

Oh, I sympathize with
your problem, Charlie.

When I was married,
I could never keep
my lies straight.

Why you making
such a big deal
out of this?

What difference
what street I took?

The deal is we think
you took Jody on a little
magical mystery tour.

Now, I'm not a fan,
but maybe knee socks
make you horny.

That's sick!
I raised four kids of
my own, for God's sake.

That's a lot
a mouths to feed.

And you chauffeur those little
rich darlings around for what,
a puny 20-grand a year?

Is that why you
grabbed her,
for the money?

No, no!Yeah! You
grabbed her.

Only she put
up a fight.

And you had to
hit her, only it was
a little too hard...

This is crazy!
No! I didn't do that.

Then lay it
out for us, pal.
What happened?

This could
cost me my job.

For openers.

Okay, look, I dropped
her off on the corner
of 76th on Columbus.

The traffic was bad, she
didn't want to sit on the bus
while I went around the block.

Wait a minute.
Wait a minute.
That's your story?

It's true.

School policy is
I drop them in
front of the house,

I wait till
they're inside.

If I just did what
I was supposed to...

He's taking it
pretty hard.

You believe him?

I ran his name up and
down the system. Nothing,
not even a moving violation.

Well, on that note,
I'll give him some
Kleenex and send him home.

Well, he told one lie.
He could be telling others.

I want to hold him until
we check out his story.

Hey, we questioned
every animate object in the
neighborhood. Nobody saw her.

Look, he said he
dropped the girl at
the corner on Columbus.

There's a bank there.
It's got a cash machine.

And cash machines
have security cameras.

I cued up the tape
to where you wanted,

but there was
only one customer
during that period.

It's not your
customers we're
interested in.

Here you go.

There, that's the bus.

And
there she goes.

Well, that gets
him off the hook.

Wait, wait. Lennie.

A minute after the girl
walks down the street,

that white van
driving up 76th
toward Columbus.

So, the mailman
said he saw a white van
cruising the vacant lot.

There's gotta be a
million white vans.

You see the rack on the side
of the van? It's carrying
some kind of window.

Yeah. It's a
glazer's truck.

The girl had glass
shards in her hands.

Same goobers
built this camera
built the Hubble.

You get better
optics on an
Instamatic.

Sorry, Richard
Avedon wasn't
available.

First off, these
are all side shots,
so no license plate.

I got the driver in
profile for one frame.

Dark hair, maybe,
caucasian or hispanic.

You even sure
it's a he?

No, just a politically
incorrect assumption.

What about the lettering
on the side panel,
behind the rack there?

It's blurred
because of distortion from
the glass in the window.

Probably cheap stuff.

I don't know about
the glass, but that window
looks pretty expensive.

Can't be too
many like it.

What this is, is an
arch window dating from
the mid-19th century.

Nice looking piece.

It'd look good
in my living room.

If you could
afford the townhouse
that goes with it.

You have
a particular
one in mind?

There must be nearly
a hundred in Manhattan
with this kind of window.

Who fixes these
kind of windows?

Well, any competent
glazer can handle the job.

The trick is keeping
the materials authentic.

Take the panes,
it's float glass.
Just like the original.

That's why you
have the distortion.

Going by the amount
of waves, I'd say this
glass was mouth-blown.

Doesn't sound like something
a glazer would keep in stock.

It has to be
special ordered.

There's only one
local distributor,
in Queens.

Float glass?
Could be.

About a third of
my business is
in restoration.

Yeah. The distributor said
you ordered three sheets of
it a couple of weeks ago.

Yeah. That sounds
about right.

Any chance it found
its way into a 19th
century arch window?

Uh-huh!

The job went out
a couple of days ago.

Why, you guys thinking about
remodeling the precinct?

We leave
the redecorating
to our lieutenant.

Is this one
of your trucks?

You guys want to tell
me what this is about?

We asked first,
Mr. Sullivan.

Yeah, it's one of my trucks.
So? What gives? Hit-and-run?

The driver might've been
a witness to a crime over
on the West Side,

a couple of days ago.

We need to
talk to him.

I've got over 30 employees,
and off the top of my head,

I don't know who
handled the job.

Why don't you give
me your card?
I'll get back to you.

I see on the wall there
you got a certificate
from the Gardner Clinic.

Yeah. I've been
sober for over a year.

Well, then you know
how important it is to your
self-esteem to do good works,

and helping your local
police certainly counts.

We'd really like
that information now.

You know
the Gardner?

Yeah, I read their
brochure between shots.

Carlos, yeah, who
did the re-install on
the Poundstone job?

Okay.

Nick Capetti. He lives
in Brooklyn, but he's
on a job right now.

Sure, I was on 76th Street
speccing out a job.

Broken skylight.

Who'd you talk to?

Some old bag.
I don't remember
her name.

But you
wrote it down,
though, right?

I threw it out.

She accused me of
gouging, so I told her,
"Fix it yourself."

And where'd
you go then?

The Poundstone
place in the Village.

Traffic is nuts,

so by the time
I get down there,
it's way past 6:00,

so I bagged it for
the day, and headed
for the Lincoln tunnel.

Oh, you took
the scenic route
back to Brooklyn?

My mother lives
in Newark. She was
expecting me for dinner.

Anybody else at
the dinner table?

No, just me and
my mother. You guys done
interrogating me now?

Hey, there's
no interrogation.

When we interrogate you,
believe me, you'll know it.

So what time did
the party break up
at your mom's?

I don't know. I watched
the late news, and I left.

And I'm sure she could vouch
for your whereabouts, right?

Ask the Jersey
State Troopers.

They gave me
a speeding ticket
on the way there.

All right, then?

Mr. Capetti's been in
and out of the state
bed-and-breakfast

for the past 20 years.

Attempted rape, burglary,
another attempted rape.

Killing little girls
wouldn't be a stretch.

The youngest
victim here's 22.

Last conviction was in '89
for assault on a shopkeeper.

He was muscle
for a protection
scam in Corona.

An all-round bad guy.

You confirm that
ticket with the
Jersey State Police?

It'd take a few days
to put into the system.

If he even got a ticket.

He's got a dead
or dying girl in
the back of his van.

Last thing he's gonna do
is drive to Jersey for
his mama's cannelloni.

Hey, a guy's
gotta eat, right?

Capetti's got history.

He was at the scene,
that should be enough
for us to search his van.

Find a judge.

We went through the van
three times, gentlemen.

I just viewed
the material
under the scope.

No fibers from
the flannel sheets,

no fibers from the girl's
clothes, not a strand
of hair. Nothing.

Capetti's had some
experience with
our methods,

and plenty of time to
clean up after himself.

The girl had cuts
on her hands.
There must've been blood.

We didn't find any. Best
we came up with is this.

A teaspoon of glass.

Some of it's a general
match with what was
found on the girl.

Thanks.

This is Rey.

What time?

All right. Thanks.

Confirmation on
the speeding ticket.

6:56 p.m. on the Turnpike,
coming from
the Lincoln Tunnel.

Son of a bitch. They write
him up, and they don't
even turn their heads

a half an inch
to see what's in
the back of the van.

I don't get
this guy, Lennie.

Hey. Hey, he panicked
when the girl kicked.

New plan, drive
out to Mom's and
sort things out.

While he's there,
why not just ditch
the body in Jersey?

What? Right in his
mom's backyard? Too
easy to connect the dots.

No. Better to dump the body
in Manhattan after dinner.

Capetti put some
thought into this.

I wonder how much he
put into his alibi.

I made meatloaf.
Nicky loves my meatloaf.

You know what
I like, Mrs. Capetti?
Meatloaf sandwich.

How about Nick,
did he make himself
one for the road?

I don't know.
I went to bed.

About what
time was that?

After the news.

Which one do
you like to watch,
Mrs. Capetti?

The Chinese girl on Channel 5
or the old guy on Channel 4?

They all got the
same bad news.

Oh, wow! I bet the
Giants come in pretty
good on this, huh?

Nicky gave that to
me for Christmas.

To watch the Jets.

What's in here,
Mrs. Capetti?

It's storage.
Just a lot of junk.

Junk made out
of wool? Mothball.

You want to show us
what's in the closet,
Mrs. Capetti?

I don't have to.

Well, then you'd
better put on
a pot of coffee.

We're gonna call
the Essex County D.A.

and wait for him
to come down here
with a warrant.

We'll have to go
room by room. It'll
be a hell of a mess.

Rey, flannel pillow
cases, fitted sheet.

The rest of the
matching set.

Hey, you!
Hold it!

He's going
around the back!

He's going
around the back!

Hey!

Where are
you going?Easy, man!

This ought to bring back
fond memories, Nick.

You're under arrest,
you have the right
to remain silent,

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

Why her, Nick?

Just dumb luck, she
happened to be in the right
place at the right time?

Maybe you'd seen her before,
you staked her out, right?

A smart guy
like you would do that.

Pay attention, genius,
because now we are
interrogating you.

I'm waiting
for my lawyer.

Yeah. We're
looking for him.

But I gotta tell you,
the only thing that's
gonna help you now

is your cooperation,
some kind of statement

you're sorry for what you
did to that little girl.

It's your only chance
to dodge the needle, Nick.

Yeah, right. You're
bubbling over with
concern for my welfare.

We're just saying
that if your intent
wasn't to kill her,

that changes things.

You know, last time I checked
this was still the land of
the red, white and blue.

I got rights. Now,
get me my lawyer.

Mrs. Gaines.Am I too late?

No. They haven't
brought him in yet. Now,
why don't you have a seat.

My client is
on welfare. How is he
expected to meet bail?

That's not my problem.
Bail is set at $50,000.

Next.

"Case number 622395.
People v. Nicholas Capetti.

"Charges are murder in the
first degree and kidnapping
in the first degree."

Give me a plea.

Not guilty.

Miss Kincaid,
what are the People
looking for on this?

The victim's a 12-year-old
girl, Your Honor.
The defendant has a prior...

You bastard!

Call EMS!

Do something!
Do something!

Caitlin, are you all right?

No. I'm okay. I'm okay.

Are you sure?Yeah, I can't...
I didn't see what happened.

He killed Jody.

Karen, don't say
another word. I
called the lawyer.

I'm sorry.

He's right,
Mrs. Gaines,
listen to him.

Anything you say
now puts us in
an awkward position.

Capetti's DOA.

What're you
doing to her?

She's being charged
with murder. I'm sorry.

Curtis, Mirandize her.

Take her out the garage.Karen Gaines,
you're under arrest

for the murder of Nicholas
Capetti. You have the right
to remain silent.

You have the
right to an attorney.

Wait for the
lawyer, Karen.

That bastard killed Jody!

How in the hell
did she get that gun
into the courthouse?

I don't know.You don't know.

Well, somebody
better find out.

Normal-looking people
out there taking the
law in their own hands.

With eight
million taxpayers
cheering them on.

They're lining
up to pat Karen
Gaines on the back.

Right.Well, it doesn't
take much effort

to put yourself
in her shoes.

Unfortunately, she's
not the first parent
to lose a child.

That can't justify
premeditated murder.

You want to try
her for murder two?

She had the
presence of mind

to smuggle a loaded
weapon into a courthouse.

I have 40 witnesses
who saw her shoot Capetti.

I don't see what
the problem is.

The problem is that your
jury will wish that they
pulled the trigger.

If we don't come down
hard on Karen Gaines,

somebody else'll get
the idea that it's okay

to turn another
courtroom into
the OK Corral.

And if she gets acquitted,
what message does that send?

I'm not taking that chance.
You're talking to her lawyer.

Mrs. Gaines serves a day in
prison for this, that'll be
the day I turn in my license.

As soon as the jury
gets a look at
Capetti's record,

at the evidence
against him,

they'll line up to
shake my client's hand
and send her home.

Only if they
ignore the fact she
murdered someone.

Only one thing
matters here. Jody
Gaines is dead

because the system failed
to keep a piece of crap like
Nick Capetti behind bars.

Well, thanks to my client,
Mr. Capetti's crime
spree is over for good.

A compelling
argument, Mr. Greer,

but not half as
compelling as the
bullet that hit the wall

three inches from
the court reporter's head.

Mr. McCoy...

Karen, please.

All I could think
about was the last
minutes of Jody's life.

How terrified
she must've been.

If I could undo everything,
believe me, I would.

Man one.
She does six years.

We might go
for man two.

One and a third years
in minimum security.

Fine, let's not
be reasonable.

We're on the side of
the angels, Mr. McCoy.

You force a trial,
and you're in
for a hard ride.

What if she pled to
man one, and we request
a sentencing hearing?

We let a judge
decide the sentence.

We'd go along with that.

I'll get back to you.

Karen.

Greer knows we
don't want this
in front of a jury.

Neither does he.
I want her
to serve time.

Man one carries
mandatory imprisonment.

Right, a big two years.

At a minimum.

But, Jack, don't you think
she's been punished enough?

For God's sake, Claire!
For shooting up a courtroom?

Thanks to her, you had
a near-death experience.

I'm surprised you're
so magnanimous.

Where in the canon
of ethics does it say we
can't show a little mercy?

Because Nick Capetti was
a man in need of killing?

It wasn't up to her to
give him what he deserves.

Then why not
let a judge decide
what she deserves?

Okay.

Start working
on the sentence
recommendation.

Nick was my only son.

He has
three sisters.

After my
husband died,

he took care of us
as best he could.

And thanks to that
Mr. Sullivan who
gave him a job,

Nick was
supporting me.

Your son was convicted
of committing violent crimes,

isn't that right?

He wasn't a saint.

I didn't say he was.

And if he had anything to
do with that little girl,

then he should've
paid by the law.

Now, I could live with
that, but not with this.

What gave you the right
to shoot him like a dog?

Mrs. Capetti, please,
address the court.

Her little girl
is dead, and that's
a tragedy for her.

But who is she
to kill my son?

What if she was wrong?

What if he didn't do it?

It took three years
of trying before
we had Jody.

Karen called her our
miracle baby. She was
very devoted to her.

At your divorce, isn't
it true, the court awarded
you custody of Jody?

Yes. They found Karen
to be an unfit mother.

At the time, she was
dealing with an
addiction to pain killers.

She needed
time for herself.

She cleaned up to become
a better mother for Jody.

And after her
recovery, what kind
of a mother was she?

She was fantastic.
Spent as much time
with Jody as she could.

Then when the
police called...

If Jody had died in an
accident, we would've
found a way to deal with it.

But this...

He took our child.

And what did
the police do?

Gave him a speeding ticket
with our Jody maybe
still alive in his truck.

Karen had no faith in
the system, Your Honor.

Not a parent in the
world wouldn't have
done what she did.

I'm only sorry I didn't have
the guts to do it myself.

I've heard the
testimony, I've read
the pre-sentence report

and Mrs. Gaines' statement
expressing remorse,

but manslaughter
in the first degree
is a serious offense,

and that's why
the statutes require
mandatory imprisonment.

The defendant will rise.

Karen Gaines, it is
the sentence of this court

that you serve
a term of imprisonment
of no more than two years.

Furthermore, this
court will recommend

that your sentence be served
at a halfway house in
the city of New York,

and that you be
allowed to participate
in a work-release program.

Your Honor...Sit down, Mr. McCoy.

I'm within my discretion.
We're adjourned.

These are the witness
statements connecting
Capetti to the van

and the lab reports
connecting the
girl to the van.

It would've been
a slam dunk.

Any evidence
he had help?

No. And no evidence he'd
ever even seen the girl until
the day he grabbed her.

And you're absolutely
sure he was the one?

Oh, yeah. I may not agree with
Mrs. Gaines' brand of justice,

but she did not shoot
an innocent bystander.

All right. Close the
case and send McCoy
the final report.

It might cheer
him up.

From the looks of this,
he'll be the only one
gnashing his teeth.

Mrs. Gaines is
getting a lot of ink.

Rey, look at this.

She was treated for pill
addiction a year ago at
the Gardner Clinic.

So she went to Gardner.
So did half of Manhattan.

Including Capetti's
boss, Frank Sullivan.

Yes, I remember Karen
Gaines, and I remember
Frank Sullivan.

They underwent treatment
during the same four-week
period last year.

Did they have much
contact with each other?

Sure. They were in
my therapy group,
they shared meals.

During the group
sessions, did they discuss
their personal lives?

Of course.

So Frank Sullivan
would've found out

that Mrs. Gaines
had a daughter and
a rich ex-husband.

What are you
getting at?

Well, we suspect he
might be involved in her
daughter's kidnapping.

Whatever he knew
about her circumstances,

didn't have to come
from the group sessions.

The last couple of weeks
that they were here,

they started having an
affair. Something that
we actively discourage.

I had a talk with them,

but they seemed
pretty taken with
each other.

Look, the doctor was wrong
then, and he's wrong now.

There was nothing
between us.

You gotta admit, it's a little
strange you never bothered
to tell us you knew her.

Yeah. Well,
I didn't think
it mattered.

Believe me,
it matters.

How'd it go down, Frank?
Business a little slow?

You get behind
on your payments?

That's nuts.

You guys know
Capetti did it.

Hey, the last time Capetti
had an original idea,

he left it
swirling in
the bowl.

You're the brain
who thought this up.

As far as we're
concerned, Mr. Sullivan,
you're good for it.

You think because I
had an affair with her,
that makes me a murderer?

This is unbelievable.

Grand juries don't
like coincidences.

Read him
his rights.

Come on.On your feet.

Wait a minute. Wait.

Look, you gotta
understand, this
wasn't my idea.

Elvis spoke to you
through your car radio?

It was Karen.

Her ex is putting
her through hell.

Wouldn't let her
see her daughter.

Had her tied up with lawyers.
She asked me to help her,
but I told her no,

but she keeps pushing.

So I gave her
Nick's number.

Your friendly
neighborhood rapist?

No, I swear,
we did not know
about the rapes.

All she wanted to do
was teach her ex a lesson

about how it feels
not to be able to
see your own kid.

I thought of Karen
when Jody first
went missing,

but when they found the
body, I never imagined.

We're not saying she was
involved. We find it hard to
believe she's capable of it.

Is it? My God,
she shot a man
in cold blood.

Something you wished
you'd done yourself.

As I recall, Mr. Gaines,
you vouched for your
ex-wife's good character

in front of a
packed courtroom.

I said what her
lawyer wanted me to
say, I had no idea.

What makes you think
Frank Sullivan isn't lying
just to save his own skin?

No. It makes sense now.

Since the divorce,
Karen's been after me
to hurt me any way she can.

She blames me
for her addiction,
for losing Jody,

her toaster doesn't
work, it's my fault.

She thinks I'm
out to get her.

According to Sullivan,
you were keeping
Jody away from her.

Oh, no. No. That's not true.
That was Jody's idea.

She didn't want to
see Karen anymore.

A couple of months
ago, she was late
bringing Jody home.

About 12 hours late.

I was going out of my mind,
calling hospitals.

When she got home,
Jody was in tears.
She wouldn't tell me why.

See, for the past year,

Karen's been
playing head games
on both of us.

I had to send Jody to
a child psychologist.

I never thought
Karen'd go this far.

Like many kids
in her situation,

Jody was the designated
adult in her family.

Making adult decisions,
like not seeing her mother?

Yes. Jody loved
her very much.

And at one time,
Mrs. Gaines probably
even deserved that love.

Mr. Gaines mentioned
an incident that took
place two months ago.

Mrs. Gaines took Jody up
to Tanglewood. After, she
refused to take her home.

They drove
around all night.

Mrs. Gaines was on a
tear about her husband
controlling her life,

and how he was turning
Jody against her.

Jody was still shaking
when she saw me.

I'm not surprised
her father got
custody of her.

He can dish it out.

A few months ago, Jody
was excited about
taking dance lessons

near Mrs. Gaines' work.

Mr. Gaines stopped it,
I think purely out of spite.

Two parents using their
kid to destroy each other.

Wonderful world.

Two bad parents,
but only one of
them committed murder.

Whether she killed
Capetti for revenge

or to cover up
her own involvement,
jeopardy's attached.

We can't touch her.

We can for her
daughter's murder.

You don't really think she
intended or even thought
Jody would be killed.

She hired a felon
to toss her daughter
into the back of a van.

That's kidnapping.

The daughter
died as a result.

That's felony murder.

Abducting your
own child.

It's not a
predicate crime.

Well, you'll say
kidnapping, her lawyer'll
say "custodial interference."

And motive
separates the two.

Frank Sullivan will
testify that she did it
to terrorize her husband.

That makes
it kidnapping.

Uncorroborated
accomplice testimony.

That and $1.25 gets
you on the subway.

Then we'll get
corroboration.

I'm sure she told Capetti
what her intentions were,

and maybe he said
something to his mother.

You hope.

Mrs. Capetti, we
know what happened.

There's no sense
protecting your
son anymore.

Leave him alone.

What good does
it do anyway?
He's dead.

And the woman who
killed him will get
away with another murder

unless you help us.

What do you mean?

Your son did tell you
that Mrs. Gaines hired
him to kidnap her daughter?

He didn't mean
to kill the girl.

It was an accident.

He wanted her
to be quiet.

I know.

Did he tell you
why she wanted
her kidnapped?

Jack, she
doesn't know...

Listen to me.

The more you can tell
us about her involvement,

the better chance we have
of putting her in jail.

Jack.

If your son said
anything at all
about her, please,

tell me.

After the girl was hurt,

he said he called Mrs. Gaines
to tell her that the girl
was in trouble,

and he wanted to take
her to the hospital.

The lady told him no.

The lady told him
they would all go to jail
if anyone found out.

Nick was scared.
He did what she said.

Nick didn't want
the girl to die.
It tore him up.

She told him not to
go to the hospital.
It's depraved indifference.

Murder two.

It'll be perjury, Jack.

Mrs. Capetti had no
idea Karen Gaines was
involved until we told her.

We can't confirm or deny
her testimony. I'm happy
to take it at face value.

You practically put
the words in her mouth.

Now, Karen Gaines
killed her son, she
has every reason to lie.

And she's very
good at it.

I'm sure it's not
the first time she's
had to lie for her son.

I can't believe
I'm hearing this.

Claire, I want
two things,

justice for the dead and
respect from the living.

Mrs. Gaines has to
answer for what she did.

At any cost? You're talking
about suborning perjury.

Just between you and
me and the lamp post,

I have no intention of
putting Mrs. Capetti
on the stand.

All I want to do
is survive a motion
to dismiss.

As it is, unless we
put the fear of God
into Karen Gaines,

she's gonna walk.

Have Curtis and
Briscoe pick her up.

The People's latest murder
charge rests solely on the
testimony of Mrs. Capetti.

It's double hearsay,
Your Honor, and therefore,
inadmissible.

I admire your stamina,
Mr. McCoy, but let me
get this straight.

You want Mrs. Capetti
to tell us what her
son told her

the defendant told him?

I'd rather Nick Capetti
told us himself,

but the defendant
made him unavailable
by shooting him in the back.

Even if he was here,
his testimony would
still be hearsay.

Statements against
penal interest,
exception to hearsay.

Even though Mrs. Gaines
knew her daughter was dying,

she told Mr. Capetti
not to seek medical help.

According to
Mrs. Capetti,

and there's not a
shred of evidence to
support her statement.

Can we even prove
the call was made?

I don't have to.
I have a pile of
evidence on my desk

to show that the defendant
set in motion a reckless
and callous chain of events.

Letting her daughter die
was just the final
depraved act.

Now, I've
heard enough.

I'm gonna let a jury
decide if Mrs. Capetti
is telling the truth.

The hearsay exception
applies. Her statements
are admissible.

Motion to
dismiss is denied.

My client is prepared
to plead to custodial
interference. Period.

An E Felony?

I hurt myself
more shaving.

You're swinging
without a net
on murder two.

You think your star
witness, Mrs. Capetti,
will hold up on cross?

When the jury hears
how your client

paid a convicted rapist to
kidnap her own daughter,

they'll believe her
capable of anything.

He never
called me.

How can you think for
a minute that I would
let my own child die?

What kind of
a mother do
you think I am?

You don't know
what I did for her.

For 10 years, I stayed
in a nightmare marriage

just so she could
have a real home.

I fought for custody
for her, but he had more
money, more lawyers.

He turned me into an addict
and then used it against me!

That bastard,
he stole her
away from me.

He told her lies about me.
He made her afraid of me.

I loved her.

But you hated
your husband more.

I, I...

I never meant any
of this to happen.

At most,
her conduct
was reckless.

Man two. Tack on
another year to the time
she's already serving.

Man one. She does six
years. And not one day
of it in a halfway house.

Jody...

It never ends. Mr. Gaines
is suing his ex-wife
for wrongful death.

What does he
want from her?

The dollar an hour
she gets folding
prison laundry?

It's hard to believe
those two were ever in love.

Passionately, I'd say.

Where do you think
all the hate comes from?