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Narrator: In the criminal justice
system, the people are represented
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00:00:04,638 --> 00:00:06,800
by two separate yet
equally important groups...
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00:00:06,840 --> 00:00:08,934
The police who
investigate crime,
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00:00:08,976 --> 00:00:11,343
and the district attorneys
who prosecute the offenders.
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00:00:11,378 --> 00:00:13,574
These are their stories.
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00:00:30,731 --> 00:00:32,666
Oh, great.
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00:00:32,699 --> 00:00:35,168
Another citizen
with hallucinations.
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00:00:35,202 --> 00:00:37,000
What the hell was this guy doing
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00:00:37,037 --> 00:00:38,665
down here in the first place?
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00:00:38,705 --> 00:00:40,867
Probably looking
for a $10 hand wax.
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00:00:40,908 --> 00:00:42,934
Here?
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00:00:47,047 --> 00:00:48,709
Let's go.
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00:01:26,687 --> 00:01:29,418
Hey! Hey, hey.
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00:01:37,197 --> 00:01:39,029
Is there anybody else in there?
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00:01:44,204 --> 00:01:46,036
Watch 'em.
16
00:02:27,180 --> 00:02:28,876
Kelly!
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It's a kid.
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00:03:58,538 --> 00:04:00,336
You got one through and through.
19
00:04:00,373 --> 00:04:01,432
.38 or heavier.
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00:04:01,475 --> 00:04:02,943
Body's into rigor mortis,
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00:04:02,976 --> 00:04:04,444
but the eyes are moist.
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00:04:04,478 --> 00:04:06,106
I'd say 12 to 18 hours.
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00:04:06,146 --> 00:04:08,809
Can't be more than 16 years old.
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00:04:08,849 --> 00:04:10,943
Let's roll him over.
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00:04:10,984 --> 00:04:12,885
Slow.
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00:04:14,988 --> 00:04:16,479
Hold it.
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00:04:20,827 --> 00:04:22,796
Student ID...
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00:04:22,829 --> 00:04:26,163
Bishop's Academy,
Robbie Fenwick.
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00:04:27,501 --> 00:04:29,834
- 15 years old.
- Detective?
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00:04:35,342 --> 00:04:37,311
Officer: It's a .357 Magnum.
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00:04:37,344 --> 00:04:40,314
Probably tried to chuck it in
the river and came up short.
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00:04:40,347 --> 00:04:42,316
Okay, bag it and work it up.
33
00:04:42,349 --> 00:04:44,648
We're going to hold
the kids for questioning.
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00:04:44,684 --> 00:04:46,312
You want anything from 'em now?
35
00:04:46,353 --> 00:04:47,981
- Is that them over there?
- Yeah.
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00:04:48,021 --> 00:04:50,013
Cooperative little nose-wipes.
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00:04:53,360 --> 00:04:55,329
Which one of you
is going to tell us
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00:04:55,362 --> 00:04:57,160
about that dead boy in there?
39
00:04:57,197 --> 00:04:59,530
- Nothing to tell.
- You know him?
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00:05:01,134 --> 00:05:02,932
What are you doing around here?
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00:05:02,969 --> 00:05:05,200
We heard there was a
body. We just came to see.
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00:05:05,238 --> 00:05:06,763
You live around here?
43
00:05:06,807 --> 00:05:08,537
- Jackson Towers.
- Logan: Jackson Towers?
44
00:05:08,575 --> 00:05:11,340
You came all the way here
'cause you heard there was a body?
45
00:05:11,378 --> 00:05:12,903
Something wrong with that?
46
00:05:14,481 --> 00:05:16,780
Slug is a five
with a right twist.
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00:05:16,817 --> 00:05:18,445
It's a Wadcutter series Il.
48
00:05:18,485 --> 00:05:21,455
It's a probable match to the
weapon that you recovered.
49
00:05:21,488 --> 00:05:23,957
I've only seen Wadcutters
used in target practice.
50
00:05:23,990 --> 00:05:27,290
Uh-huh. Weapon's a
Ruger Security Six .357.
51
00:05:27,327 --> 00:05:28,795
Custom Pachmayr grip,
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00:05:28,829 --> 00:05:30,798
modified hammer and trigger.
53
00:05:30,831 --> 00:05:32,800
This is very
clean. It's not a toy.
54
00:05:32,833 --> 00:05:34,631
The owner took good care of it.
55
00:05:34,668 --> 00:05:36,637
There are no live
rounds in the cylinders,
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00:05:36,670 --> 00:05:38,798
and only the one spent casing.
57
00:05:38,839 --> 00:05:41,468
That's all it takes. You
run it through the system?
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00:05:41,508 --> 00:05:42,976
A gun so loved,
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00:05:43,009 --> 00:05:45,342
it had to have its
very own license.
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00:05:47,848 --> 00:05:49,976
And it's Ian Maser,
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00:05:50,016 --> 00:05:52,008
557 West 77th Street.
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00:05:53,186 --> 00:05:56,486
Do you own a Ruger Security
Six .357 Magnum pistol?
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00:05:56,523 --> 00:05:58,219
I do.
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00:05:58,258 --> 00:06:00,659
It has been found at
the scene of a homicide,
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00:06:00,694 --> 00:06:03,095
and it's been determined
that's the murder weapon.
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00:06:03,129 --> 00:06:04,597
That can't be.
67
00:06:04,631 --> 00:06:06,896
I keep that gun locked
in my bedside table.
68
00:06:06,933 --> 00:06:08,663
This it?
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00:06:11,638 --> 00:06:13,106
Yes, it is.
70
00:06:13,139 --> 00:06:14,801
Does anyone else beside yourself
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00:06:14,841 --> 00:06:17,936
- have access to this gun?
- There's the maid.
72
00:06:17,978 --> 00:06:20,004
- Cerreta: Are you married?
- Divorced.
73
00:06:20,046 --> 00:06:23,107
- Does anyone else live
in the house with you?
- There's my son.
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00:06:23,149 --> 00:06:25,550
- Cerreta: Where doeshe go to school?
- Bishop's Academy.
75
00:06:25,585 --> 00:06:29,454
But he's not there now.
He's upstairs in his room.
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00:06:29,489 --> 00:06:31,117
He's not feeling well.
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00:06:31,157 --> 00:06:33,388
Well, look, do you mind
if we have a talk with him?
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00:06:41,501 --> 00:06:43,470
Jaime.
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00:06:46,006 --> 00:06:47,998
Jaime.
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00:06:54,347 --> 00:06:56,316
Jaime...
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00:06:56,349 --> 00:06:58,341
can we ask you a few questions?
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00:07:02,822 --> 00:07:04,791
If you wanted to
show Robbie the gun,
83
00:07:04,824 --> 00:07:06,793
why did you go to the warehouse?
84
00:07:08,662 --> 00:07:11,496
That was his idea.
He wanted to shoot it.
85
00:07:12,666 --> 00:07:14,396
Then what'd you do?
86
00:07:17,504 --> 00:07:19,473
Robbie had the gun.
87
00:07:19,506 --> 00:07:21,304
He was aiming it around.
88
00:07:21,341 --> 00:07:23,640
Then I had it.
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00:07:23,677 --> 00:07:25,373
I was holding it.
90
00:07:27,514 --> 00:07:29,449
Show us how you were holding it.
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00:07:31,017 --> 00:07:33,418
About, you know,
here. Like waist height.
92
00:07:35,855 --> 00:07:37,881
Did you have your
finger on the trigger?
93
00:07:37,924 --> 00:07:39,552
I don't remember.
94
00:07:41,695 --> 00:07:43,459
Logan: Where was Robbie?
95
00:07:45,031 --> 00:07:47,830
He was standing. Like
about where you are.
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00:07:47,867 --> 00:07:50,735
- That close?
- Uh-huh.
97
00:07:52,372 --> 00:07:55,171
He wanted me to
give him back the gun.
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00:07:55,208 --> 00:07:57,837
I reached over,
you know, like this...
99
00:07:57,877 --> 00:07:59,573
and it went off.
100
00:07:59,612 --> 00:08:01,740
Did you do anything
to see if he was alive?
101
00:08:02,983 --> 00:08:04,952
I didn't know what to do. He...
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00:08:04,985 --> 00:08:06,954
looked dead.
103
00:08:06,987 --> 00:08:09,957
I freaked. I just
jammed out of there.
104
00:08:11,658 --> 00:08:13,957
I didn't mean it, you know.
105
00:08:13,994 --> 00:08:16,293
I really didn't. I swear.
106
00:08:17,664 --> 00:08:19,633
It just went off.
107
00:08:19,666 --> 00:08:21,601
It just did.
108
00:08:21,634 --> 00:08:24,798
What we're really talking about
here is a scared 15-year-old.
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00:08:24,838 --> 00:08:27,967
He's not going anywhere. I don't
even see why we got to charge him.
110
00:08:28,008 --> 00:08:31,240
And what do you guys suggest, sending
him home with a hug and a lollipop?
111
00:08:31,277 --> 00:08:33,439
There was a shooting
here. Accidental or not,
112
00:08:33,480 --> 00:08:35,278
we gotta charge this
kid with something,
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00:08:35,315 --> 00:08:37,727
- I don't care how minor.
- Robinette: There's enoughto support
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00:08:37,751 --> 00:08:39,743
a charge of reckless
endangerment.
115
00:08:39,786 --> 00:08:42,312
Maybe second degree,
but that's even a stretch.
116
00:08:42,355 --> 00:08:43,983
Criminal possession of a weapon?
117
00:08:44,024 --> 00:08:46,152
We can always
upgrade if necessary.
118
00:08:49,362 --> 00:08:50,990
Yeah.
119
00:08:51,031 --> 00:08:52,624
Mm-hmm.
120
00:08:52,665 --> 00:08:55,567
The desk has Robbie
Fenwick's parents on the line.
121
00:08:57,370 --> 00:08:59,202
I'll take it outside.
122
00:09:03,643 --> 00:09:05,544
How close are
you to wrapping up?
123
00:09:05,578 --> 00:09:08,776
Well, we just got the crime
scene report this morning.
124
00:09:08,815 --> 00:09:11,614
We just have to walk it
through. Maybe a day or so.
125
00:09:17,657 --> 00:09:20,058
Robbie is standing
right about here.
126
00:09:22,662 --> 00:09:25,461
And that means Jaime's about...
127
00:09:25,498 --> 00:09:27,490
here with the gun.
128
00:09:27,534 --> 00:09:29,935
We have an entry
wound in the right temple,
129
00:09:29,969 --> 00:09:31,267
going out the back left.
130
00:09:31,304 --> 00:09:34,468
Robbie turned his head away.
131
00:09:34,507 --> 00:09:36,635
We have a wound
on his right hand.
132
00:09:36,676 --> 00:09:39,976
He was asking for the gun.
133
00:09:40,013 --> 00:09:41,982
Well, if he was
reaching for the gun,
134
00:09:42,015 --> 00:09:44,610
that would mean he'd
have to be closer to Jaime,
135
00:09:44,651 --> 00:09:46,984
and there'd be powder-burns
on the right hand.
136
00:09:47,020 --> 00:09:48,648
According to this,
there weren't any.
137
00:09:48,688 --> 00:09:52,489
Which means the gun has to
be at least a couple of feet away.
138
00:09:52,525 --> 00:09:55,859
Yeah. All right.
Let's put him about...
139
00:09:58,198 --> 00:09:59,826
here.
140
00:09:59,866 --> 00:10:02,335
All right, his hand
has to be here.
141
00:10:02,368 --> 00:10:04,360
How did he get the hand hit?
142
00:10:07,874 --> 00:10:09,866
Unless he's like this.
143
00:10:12,846 --> 00:10:15,839
His hands are up here because
he's trying to protect himself.
144
00:10:17,550 --> 00:10:20,611
And if Jaime was cradling
the gun down here...
145
00:10:21,387 --> 00:10:24,357
he'd have gunshot
residue on his shirt.
146
00:10:24,390 --> 00:10:26,382
The tests were negative.
147
00:10:29,062 --> 00:10:30,724
We'd get a higher bullet hit.
148
00:10:32,031 --> 00:10:35,001
We supposed to be surprised
every time somebody lies to us?
149
00:10:35,301 --> 00:10:38,362
Cerreta: Jaime, we
took what you told us
150
00:10:38,404 --> 00:10:40,703
and put it alongside
the physical evidence,
151
00:10:40,740 --> 00:10:42,538
and it just doesn't match.
152
00:10:42,575 --> 00:10:44,703
For starters, you
weren't standing
153
00:10:44,744 --> 00:10:47,213
next to Robbie when
the gun went off, right?
154
00:10:50,416 --> 00:10:54,512
And you weren't holding the gun
the way you said you were, also, right?
155
00:10:55,555 --> 00:10:58,753
Jaime, if there's something you
want to tell us, this is the time.
156
00:11:00,793 --> 00:11:03,922
It's all right. You
can talk to them.
157
00:11:08,535 --> 00:11:10,561
We were playing a game.
158
00:11:10,603 --> 00:11:13,072
What kind of game?
159
00:11:13,106 --> 00:11:15,007
Trust.
160
00:11:16,376 --> 00:11:18,845
See, you aim the
gun at the other guy,
161
00:11:18,878 --> 00:11:20,506
like you're going to shoot him,
162
00:11:20,547 --> 00:11:23,039
until he tells you to
stop. Until he gives.
163
00:11:24,217 --> 00:11:26,049
Who's idea was this game?
164
00:11:27,387 --> 00:11:28,946
I don't remember.
165
00:11:31,124 --> 00:11:33,525
All you want to do is
let the other guy give.
166
00:11:33,560 --> 00:11:35,586
You don't want to hurt him.
167
00:11:35,628 --> 00:11:37,529
So what happened?
168
00:11:39,899 --> 00:11:41,891
I was aiming at Robbie.
169
00:11:44,070 --> 00:11:45,902
I was squeezing the trigger...
170
00:11:45,939 --> 00:11:47,965
real slow.
171
00:11:48,007 --> 00:11:50,738
Didn't it occur to you
that this gun might go off?
172
00:11:50,777 --> 00:11:53,372
No, there was no way
it was going to go off.
173
00:11:53,413 --> 00:11:56,542
I didn't cock the hammer
before pulling the trigger.
174
00:11:56,583 --> 00:11:58,245
It wasn't supposed to go off.
175
00:11:58,284 --> 00:12:02,779
I mean, you have to cock the
hammer first with your thumb.
176
00:12:02,822 --> 00:12:04,313
Where'd you learn that?
177
00:12:04,357 --> 00:12:07,657
That's the way we always did it.
178
00:12:08,861 --> 00:12:10,329
When we went to the range.
179
00:12:10,363 --> 00:12:13,891
I swear, there was no
way it was gonna go off.
180
00:12:18,037 --> 00:12:20,006
- You ever fire
one of these?
- Never.
181
00:12:20,039 --> 00:12:22,304
Strictly for
competition shooters.
182
00:12:22,342 --> 00:12:24,174
Oh, you have to
manually cock the hammer.
183
00:12:24,210 --> 00:12:26,509
- Single action.
- Right. Now the gun
is ready to fire.
184
00:12:26,546 --> 00:12:28,515
You just pull
the trigger, and...
185
00:12:29,716 --> 00:12:31,685
I know you've
fired one of these.
186
00:12:31,718 --> 00:12:33,744
.357 double-action revolver.
187
00:12:33,786 --> 00:12:36,654
You just pull the trigger and
the gun does it all for you.
188
00:12:36,689 --> 00:12:39,523
It's possible the kid
made a legitimate mistake.
189
00:12:39,559 --> 00:12:42,188
Possible? Sure.
190
00:12:42,228 --> 00:12:44,356
I don't know.
191
00:12:44,397 --> 00:12:46,025
The kid takes aim.
192
00:12:46,065 --> 00:12:48,796
Squeezes the trigger
slowly, like he says.
193
00:12:48,835 --> 00:12:52,328
- He's looking down the sight.
- If he was trained to shoot,
194
00:12:52,372 --> 00:12:54,603
he was trained to
look down the sights.
195
00:12:54,641 --> 00:12:58,737
You can't tell me he didn't
notice that hammer cocking back.
196
00:13:04,450 --> 00:13:06,578
He knew that gun
was going to fire.
197
00:13:17,697 --> 00:13:20,496
How long has Jaime
been at Bishop Academy?
198
00:13:20,533 --> 00:13:23,332
Jaime transferred here
the middle of last year.
199
00:13:23,369 --> 00:13:25,497
Late transfers are never easy.
200
00:13:25,538 --> 00:13:27,666
Jaime never seemed
to make it over the hump.
201
00:13:27,707 --> 00:13:30,700
- You mean in his studies?
- He's a fair student.
202
00:13:30,743 --> 00:13:33,679
The problem is, he never
latched onto any peer group.
203
00:13:33,713 --> 00:13:37,172
- Not one.
- Logan: Except forRobbie Fenwick.
204
00:13:37,216 --> 00:13:39,515
Robbie was a bit of an outcast.
205
00:13:39,552 --> 00:13:41,020
Not totally.
206
00:13:41,054 --> 00:13:43,353
I had hoped he'd
help Jaime assimilate.
207
00:13:43,389 --> 00:13:44,914
Never happened.
208
00:13:44,957 --> 00:13:47,188
You ever talk to Jaime's father?
209
00:13:47,226 --> 00:13:49,195
Initial interview,
and one other time
210
00:13:49,228 --> 00:13:51,094
to ask him about
Jaime's medication.
211
00:13:51,130 --> 00:13:53,690
What kind of medication?
212
00:13:53,733 --> 00:13:56,703
His file says it's a
psychiatric prescription.
213
00:13:56,736 --> 00:13:59,103
Mr. Maser downplayed
the whole thing.
214
00:13:59,138 --> 00:14:04,304
- Didn't go into details.
- Did he have mood swings
or outbursts?
215
00:14:04,344 --> 00:14:06,939
Not that the teaching
staff observed.
216
00:14:06,979 --> 00:14:10,814
But as I said, he's a
very quiet young man.
217
00:14:10,850 --> 00:14:14,412
I'm not even sure how well
his classmates knew him.
218
00:14:15,621 --> 00:14:17,715
I got this weird vibe from him.
219
00:14:17,757 --> 00:14:19,089
Sometimes he had this look,
220
00:14:19,125 --> 00:14:21,788
this stare.
221
00:14:21,828 --> 00:14:25,060
You just knew the gears were
like mashing up in his head.
222
00:14:25,098 --> 00:14:27,260
Did he try to make friends?
223
00:14:27,300 --> 00:14:28,632
Yeah, at first.
224
00:14:28,668 --> 00:14:30,569
You know, new kid at midterm.
225
00:14:30,603 --> 00:14:33,038
But we've all been going
to school together for years.
226
00:14:33,072 --> 00:14:35,598
Nobody really had time for him.
227
00:14:35,641 --> 00:14:37,837
Except for Robbie.
228
00:14:37,877 --> 00:14:39,470
That guy was twisted.
229
00:14:39,512 --> 00:14:41,845
Twisted? How?
230
00:14:41,881 --> 00:14:44,510
He was always
talking about guns,
231
00:14:44,550 --> 00:14:47,645
and like, shooting,
and getting high.
232
00:14:47,687 --> 00:14:50,623
Did you ever hear
Jaime talk about guns?
233
00:14:50,656 --> 00:14:52,386
No, that was Robbie.
234
00:14:52,425 --> 00:14:54,860
That kid was always
maxed out on war stuff.
235
00:14:54,894 --> 00:14:56,863
Like when Bush
did his thing in Iraq,
236
00:14:56,896 --> 00:14:58,762
Robbie was totally into it.
237
00:14:58,798 --> 00:15:01,131
He knew every single
weapon they had over there.
238
00:15:01,167 --> 00:15:02,897
We used to call him Deuce-Deuce.
239
00:15:02,935 --> 00:15:04,836
Why is that?
240
00:15:04,871 --> 00:15:08,137
Well, last year he showed
up with this little .22.
241
00:15:08,174 --> 00:15:11,008
You know, I think his old
man ended up taking it off him.
242
00:15:13,012 --> 00:15:15,504
Claire found it in his dresser.
243
00:15:17,016 --> 00:15:21,954
I was never able to get a straight
answer as to where he got it.
244
00:15:23,356 --> 00:15:25,450
The boys spend a
lot of time in here?
245
00:15:26,692 --> 00:15:29,321
Jaime had been here a few times.
246
00:15:29,362 --> 00:15:31,126
He was always polite.
247
00:15:32,698 --> 00:15:34,599
He didn't talk much.
248
00:15:36,068 --> 00:15:38,060
Robbie loved guns.
249
00:15:39,372 --> 00:15:41,000
He was fascinated
with the fact that
250
00:15:41,040 --> 00:15:43,703
Jaime's father was a
competition shooter.
251
00:15:45,211 --> 00:15:47,510
Neither of us know why
or where it came from,
252
00:15:47,547 --> 00:15:49,675
but he just...
253
00:15:49,715 --> 00:15:51,377
he seemed...
254
00:15:52,885 --> 00:15:54,877
to feed off of it.
255
00:16:04,163 --> 00:16:06,291
The first few months, nothing...
256
00:16:06,332 --> 00:16:08,961
Wouldn't talk to me
about the new school.
257
00:16:09,001 --> 00:16:11,300
When he first hooked
up with Robbie,
258
00:16:11,337 --> 00:16:13,636
I was happy he
had made a friend.
259
00:16:13,673 --> 00:16:15,733
He has trouble making friends?
260
00:16:16,776 --> 00:16:19,302
Jaime wouldn't win
any popularity contests.
261
00:16:19,345 --> 00:16:22,645
He's... self-reliant.
262
00:16:22,682 --> 00:16:25,846
Something happen to make you
change your mind about Robbie?
263
00:16:25,885 --> 00:16:27,649
A few months ago
Jaime came to me
264
00:16:27,687 --> 00:16:29,986
and asked me whether
he and Robbie could come
265
00:16:30,022 --> 00:16:31,490
to the firing range with me.
266
00:16:31,524 --> 00:16:35,017
I got the impression
it was Robbie's idea.
267
00:16:35,061 --> 00:16:38,031
So what about the medication?
268
00:16:38,064 --> 00:16:39,657
What about it?
269
00:16:39,699 --> 00:16:41,998
Cerreta: Well, can you
tell us what it was for?
270
00:16:42,034 --> 00:16:44,367
When did Jaime start taking it?
271
00:16:44,403 --> 00:16:47,931
I'd be happy to, if I didn't think
I'd get my butt thrown in jail.
272
00:16:47,974 --> 00:16:49,840
What?
273
00:16:49,876 --> 00:16:52,038
It's terms of my divorce.
274
00:16:53,880 --> 00:16:57,248
It's partly why
Jaime's on medication.
275
00:16:57,283 --> 00:16:59,912
Would you mind telling
us your ex-wife's address?
276
00:16:59,952 --> 00:17:02,649
305 West 21st Street.
277
00:17:03,823 --> 00:17:06,122
But it won't do you any good.
278
00:17:06,158 --> 00:17:08,150
She can't talk about it either.
279
00:17:10,162 --> 00:17:11,960
You know, before the Academy,
280
00:17:11,998 --> 00:17:15,127
the only gun I ever shot
was a Daisy... BB gun.
281
00:17:15,167 --> 00:17:16,965
My old man used to let me shoot
282
00:17:17,003 --> 00:17:18,972
a stack of newspapers
in the basement.
283
00:17:19,005 --> 00:17:21,474
Of course, one day I
wing a pigeon, right?
284
00:17:21,507 --> 00:17:24,102
He flips out, throws the
gun in the incinerator,
285
00:17:24,143 --> 00:17:27,807
makes me bring the damn bird
to the vet in a shoe box on the bus.
286
00:17:27,847 --> 00:17:29,816
To this day I hate pigeons.
287
00:17:29,849 --> 00:17:31,647
They're rats with wings.
288
00:17:31,684 --> 00:17:33,653
Well, you see, when
you give a boy a gun,
289
00:17:33,686 --> 00:17:36,349
eventually he may go after
bigger game than tin-can targets.
290
00:17:36,389 --> 00:17:39,325
- That was my mother's argument.
- That's everybody's
mother's argument.
291
00:17:39,358 --> 00:17:41,670
Either that or, "Someone's
going to get their eye put out."
292
00:17:41,694 --> 00:17:43,060
"Somebody's bound to get hurt."
293
00:17:43,095 --> 00:17:46,395
I bet Jaime's
mother is no different.
294
00:17:46,432 --> 00:17:48,162
I can't.
295
00:17:48,200 --> 00:17:51,830
Jaime's therapy is
tied to the divorce.
296
00:17:51,871 --> 00:17:54,340
It's pretty much
the reason we split.
297
00:17:54,373 --> 00:17:56,808
You got divorced because
Jaime's in therapy?
298
00:17:56,842 --> 00:18:01,280
No, no. The incident
that led to the therapy.
299
00:18:01,314 --> 00:18:03,306
Look, you can't push me on this.
300
00:18:03,349 --> 00:18:05,113
It's been sealed.
301
00:18:05,151 --> 00:18:09,714
Part of the negotiated settlement
was that Ian and I honor that seal.
302
00:18:10,823 --> 00:18:13,588
Mrs. Maser, a boy is dead.
303
00:18:13,626 --> 00:18:15,595
All of our instincts tell us
304
00:18:15,628 --> 00:18:17,790
there's something
we should know here.
305
00:18:19,298 --> 00:18:22,029
Have you spoken to Jaime lately?
306
00:18:24,170 --> 00:18:26,298
It's not my time to see him.
307
00:18:26,339 --> 00:18:29,673
- Terms of the divorce.
- Even under extraordinary
circumstances?
308
00:18:29,709 --> 00:18:32,975
His father is very
absolute about things.
309
00:18:35,181 --> 00:18:38,811
My son and I are just getting
back on track, Detective.
310
00:18:38,851 --> 00:18:40,479
It's been a long time.
311
00:18:40,519 --> 00:18:43,717
He doesn't really
talk to me that much.
312
00:18:45,691 --> 00:18:47,489
She said "sealed."
313
00:18:47,526 --> 00:18:50,496
That can mean only one
thing... He was in some trouble.
314
00:18:50,529 --> 00:18:53,158
Wait, wait a minute.
Wait a minute.
315
00:18:53,199 --> 00:18:56,067
Are you telling me the kid's
juvenile record is sealed,
316
00:18:56,102 --> 00:18:58,662
and forbids them to
talk about it as well?
317
00:18:58,704 --> 00:19:01,003
What the hell kind of
a settlement is that?
318
00:19:01,040 --> 00:19:02,941
If whatever happened with Jaime
319
00:19:02,975 --> 00:19:04,944
was severe enough
to split the family,
320
00:19:04,977 --> 00:19:08,277
an argument could be made
both were in the kid's best interest.
321
00:19:08,314 --> 00:19:10,306
That is just great.
Now we know there's
322
00:19:10,349 --> 00:19:12,614
something in there,
and we can't look at it.
323
00:19:12,652 --> 00:19:14,780
To get a court order
to open a sealed record,
324
00:19:14,820 --> 00:19:16,448
I have to show relevance.
325
00:19:16,489 --> 00:19:18,720
And I can't do that unless
I know what's in the record.
326
00:19:18,758 --> 00:19:20,659
This is a hell of
a system we got.
327
00:19:20,693 --> 00:19:24,289
With a prosecutor's
judge, maybe we get lucky.
328
00:19:24,330 --> 00:19:26,799
But since Jaime's a
youthful offender, I doubt it.
329
00:19:26,832 --> 00:19:28,926
And then we've shown our hand.
330
00:19:28,968 --> 00:19:31,301
Fine, you know what?
Screw the record.
331
00:19:31,337 --> 00:19:33,533
Somewhere some
cop had to write it up.
332
00:19:33,572 --> 00:19:35,973
The Masers lived in
Chelsea before the divorce.
333
00:19:36,008 --> 00:19:38,102
The report's probably
still in the precinct.
334
00:19:38,144 --> 00:19:40,613
The seal applies to
the official police files,
335
00:19:40,646 --> 00:19:42,581
as well as to the
reports, notes and records
336
00:19:42,615 --> 00:19:44,413
of the investigating officer.
337
00:19:44,450 --> 00:19:46,146
You think it applies to what
338
00:19:46,185 --> 00:19:49,280
the officer might have
to say a few years later?
339
00:19:57,363 --> 00:19:59,355
Happened over
near East River Park.
340
00:20:00,533 --> 00:20:02,832
Something I never
liked about that case.
341
00:20:02,868 --> 00:20:05,337
What are two kids
doing there with a gun?
342
00:20:05,371 --> 00:20:06,999
Huh?
343
00:20:07,039 --> 00:20:10,032
The only thing that's down
there is junkies and squatters.
344
00:20:10,076 --> 00:20:12,807
And the other kid ends up dead.
345
00:20:12,845 --> 00:20:15,508
An accident... right.
346
00:20:15,548 --> 00:20:18,814
- An accident asking
to happen is what I say.
- Right.
347
00:20:18,851 --> 00:20:21,013
Did you keep your
own notes on this case?
348
00:20:21,053 --> 00:20:22,351
Off the record.
349
00:20:25,057 --> 00:20:27,288
Never know when you
might need 'em, right?
350
00:20:27,326 --> 00:20:29,693
It happened when Jaime was 13.
351
00:20:29,729 --> 00:20:31,197
The other kid,
352
00:20:31,230 --> 00:20:33,358
who's name was
Graham Campbell, was 12.
353
00:20:33,399 --> 00:20:35,368
It was the same
thing... One to the head.
354
00:20:35,401 --> 00:20:38,371
The gun was a Colt Python,
registered to Ian Maser.
355
00:20:38,404 --> 00:20:39,872
Ruled an accident.
356
00:20:39,905 --> 00:20:41,533
He told the detective
on the scene
357
00:20:41,574 --> 00:20:44,203
he was just trying to show
his friend how the gun worked.
358
00:20:44,243 --> 00:20:47,372
Jaime's 13, white,
middle class, no priors.
359
00:20:47,413 --> 00:20:49,279
Cerreta: And here's the kicker.
360
00:20:49,315 --> 00:20:51,511
He said he thought you
had to cock the hammer back
361
00:20:51,550 --> 00:20:53,678
by hand before you
could fire the gun.
362
00:20:53,719 --> 00:20:56,188
- Same excuse he's selling now.
- Worked the first time.
363
00:20:56,222 --> 00:20:58,714
- Why not stick with it, right?
- Anything else?
364
00:20:58,758 --> 00:21:00,852
The two shootings
were practically identical,
365
00:21:00,893 --> 00:21:03,158
right down to Maser Senior
corroborating his son's claim
366
00:21:03,195 --> 00:21:06,495
- he didn't know how
to work the handgun.
- This time he's lying.
367
00:21:06,532 --> 00:21:08,501
We get a statement,
he perjures himself.
368
00:21:08,534 --> 00:21:10,002
But it goes deeper than that.
369
00:21:10,035 --> 00:21:11,503
We got to start with the kid.
370
00:21:11,537 --> 00:21:13,665
We all know he wanted
to scare Robbie Fenwick.
371
00:21:13,706 --> 00:21:15,675
We gotta prove he
wanted to kill him.
372
00:21:15,708 --> 00:21:17,506
He pointed a gun
at somebody before,
373
00:21:17,543 --> 00:21:19,512
he had pulled
the trigger before.
374
00:21:19,545 --> 00:21:21,844
He knew the consequences.
375
00:21:21,881 --> 00:21:23,850
That's not enough
to prove intent?
376
00:21:23,883 --> 00:21:25,511
It is for everybody
in this room,
377
00:21:25,551 --> 00:21:28,851
but legally we may not even
be able to use the first shooting.
378
00:21:28,888 --> 00:21:31,255
Robinette: You want
to go down to man two?
379
00:21:33,192 --> 00:21:35,024
No, I want him at murder two.
380
00:21:35,060 --> 00:21:37,188
Depraved indifference
to human life.
381
00:21:37,229 --> 00:21:40,393
- No need to prove intent.
- And we try him as an adult.
382
00:21:49,408 --> 00:21:51,206
Cerreta: Jaime.
383
00:21:51,243 --> 00:21:53,542
- Come here a minute.
- What?
384
00:21:53,579 --> 00:21:55,946
Come on, get in.
385
00:21:57,016 --> 00:21:59,884
- Why? What for?
- We're putting you
under arrest.
386
00:21:59,919 --> 00:22:02,684
What do you mean?! You guys
said everything was gonna be fine.
387
00:22:04,056 --> 00:22:06,992
- Take it easy.
- What are you guys doing
here, anyway?
388
00:22:07,026 --> 00:22:09,962
- Just get away from me!
- Logan: Do us a favorand get in the car.
389
00:22:09,995 --> 00:22:12,021
Read him his freakin'
rights, will you?
390
00:22:18,204 --> 00:22:20,002
Your Honor, it's
more than outrageous.
391
00:22:20,039 --> 00:22:22,599
They practically dragged
the child out of the classroom.
392
00:22:22,641 --> 00:22:24,405
Spare us the
hyperbole, Counselor.
393
00:22:24,443 --> 00:22:26,173
Your Honor, the
People are informed
394
00:22:26,212 --> 00:22:28,443
that officers were, in fact,
outside school grounds.
395
00:22:28,480 --> 00:22:31,416
- 10 feet?
- Defense: Giventhe defendant's age,
396
00:22:31,450 --> 00:22:35,012
and the obvious strong-arm
intentions of the DA's office,
397
00:22:35,054 --> 00:22:36,682
we intend to ask for removal
398
00:22:36,722 --> 00:22:38,623
of these proceedings
to Family Court.
399
00:22:38,657 --> 00:22:40,421
Your Honor, the
People feel that...
400
00:22:41,727 --> 00:22:44,891
I'm aware of the
defendant's age, Mr. Barnett.
401
00:22:44,930 --> 00:22:47,798
You want to make
the motion, feel free,
402
00:22:47,833 --> 00:22:50,029
but I see nothing
here to indicate
403
00:22:50,069 --> 00:22:52,436
why he shouldn't
be tried as an adult.
404
00:22:52,471 --> 00:22:55,703
Supreme Criminal
to retain jurisdiction.
405
00:22:55,741 --> 00:22:58,734
Defendant remanded to
the custody of his father.
406
00:23:00,079 --> 00:23:02,639
Our claim of diminished capacity
407
00:23:02,681 --> 00:23:05,651
is based on the fact that
at the time of the shooting,
408
00:23:05,684 --> 00:23:08,745
Jaime was
involuntarily intoxicated.
409
00:23:08,787 --> 00:23:11,086
According to this,
he was legally taking
410
00:23:11,123 --> 00:23:13,490
a prescribed medication
under the supervision
411
00:23:13,525 --> 00:23:15,153
of licensed psychiatrist.
412
00:23:15,194 --> 00:23:18,756
Tracon is known to have adverse
reactions in certain individuals.
413
00:23:18,797 --> 00:23:21,631
We can demonstrate
it affected his ability
414
00:23:21,667 --> 00:23:24,933
to appreciate the
consequences of his actions.
415
00:23:24,970 --> 00:23:28,065
He had the presence of mind
to lie to the investigating officers.
416
00:23:28,107 --> 00:23:30,303
He had the presence
of mind to hide the fact
417
00:23:30,342 --> 00:23:32,140
that he was involved
in a prior shooting.
418
00:23:32,177 --> 00:23:34,669
The prior incident
is not relevant.
419
00:23:34,713 --> 00:23:37,080
And I'm sure a jury
will have no trouble
420
00:23:37,116 --> 00:23:39,017
understanding
that my young client
421
00:23:39,051 --> 00:23:41,020
was frightened and confused.
422
00:23:41,053 --> 00:23:44,114
He was under the influence of
a powerful psychotropic drug.
423
00:23:44,156 --> 00:23:45,784
Tracon did the shooting?
424
00:23:45,824 --> 00:23:48,020
I have the precedents
to back it up.
425
00:23:48,060 --> 00:23:49,858
Grundberg. Petty.
426
00:23:49,895 --> 00:23:52,524
Charges dismissed against a woman
who shot her mother eight times?
427
00:23:52,564 --> 00:23:55,500
And an acquittal on a guy who
stabbed his ex-wife in the heart?
428
00:23:55,534 --> 00:23:57,696
Neither case involved Tracon.
429
00:23:57,736 --> 00:23:59,534
And unlike Mr. Maser,
the defendants
430
00:23:59,571 --> 00:24:01,039
did not have a previous history
431
00:24:01,073 --> 00:24:03,201
of reckless or violent behavior.
432
00:24:03,242 --> 00:24:05,302
Come on, fellas,
you're blowing smoke.
433
00:24:05,344 --> 00:24:08,143
Negligent homicide, and no time.
434
00:24:08,180 --> 00:24:10,877
I'm not gonna plead this
down to a slap on the wrist, Dan.
435
00:24:12,184 --> 00:24:14,653
More than happy
to let a jury decide.
436
00:24:14,687 --> 00:24:16,815
Jaime.
437
00:24:16,855 --> 00:24:19,222
Have a nice day.
438
00:24:23,195 --> 00:24:25,027
Nobody's responsible anymore.
439
00:24:25,064 --> 00:24:27,465
You kill somebody,
it's not your fault.
440
00:24:27,499 --> 00:24:30,230
You're addicted to sugar,
or the wrong medication,
441
00:24:30,269 --> 00:24:34,229
and someone should pay you a
million dollars for your suffering.
442
00:24:34,273 --> 00:24:36,572
Who's doing Jaime's evaluation?
443
00:24:36,608 --> 00:24:39,009
I'll call Olivet.
444
00:24:42,881 --> 00:24:45,043
Olivet: You ever
had any blackouts?
445
00:24:47,052 --> 00:24:49,351
What about the last
time things didn't turn out
446
00:24:49,388 --> 00:24:51,823
the way you wanted,
how'd you handle it?
447
00:24:53,225 --> 00:24:55,023
Did you get mad, did you yell,
448
00:24:55,060 --> 00:24:57,529
did you trash your room?
449
00:24:57,563 --> 00:25:00,362
- I just got over it.
- How about your dad?
450
00:25:00,399 --> 00:25:03,301
When he gets angry,
does he let you know it?
451
00:25:03,335 --> 00:25:05,668
Yeah, I guess so.
452
00:25:07,506 --> 00:25:09,134
What about with Robbie?
453
00:25:09,174 --> 00:25:11,143
When you were
pointing the gun at him,
454
00:25:11,176 --> 00:25:13,645
what were you feeling?
455
00:25:13,679 --> 00:25:15,648
I wasn't feeling anything.
456
00:25:15,681 --> 00:25:17,673
What do you think
Robbie was feeling?
457
00:25:18,851 --> 00:25:20,820
Scared.
458
00:25:20,853 --> 00:25:23,482
He felt scared.
459
00:25:23,522 --> 00:25:25,684
And Graham Campbell?
How about him?
460
00:25:27,192 --> 00:25:28,990
I don't remember.
461
00:25:29,028 --> 00:25:30,860
You remember how you felt?
462
00:25:33,332 --> 00:25:34,994
I think you do.
463
00:25:35,034 --> 00:25:36,593
You want to tell me about it?
464
00:25:38,037 --> 00:25:39,972
Nothing to tell.
465
00:25:40,005 --> 00:25:42,736
I hear you say that, but I'm
seeing something different.
466
00:25:47,212 --> 00:25:49,545
Let's try something else here.
467
00:25:51,383 --> 00:25:52,612
Okay.
468
00:25:52,651 --> 00:25:54,677
I want you to make
up a story based
469
00:25:54,720 --> 00:25:56,951
on the pictures I'm
going to show you.
470
00:25:56,989 --> 00:25:59,015
You tell me who
the characters are,
471
00:25:59,058 --> 00:26:02,995
what they're thinking, what led up
to the scene in the picture. Okay?
472
00:26:06,498 --> 00:26:08,797
What's happening
in this picture, Jaime?
473
00:26:10,002 --> 00:26:12,369
- I don't know.
- Yes, you do.
474
00:26:16,675 --> 00:26:19,144
He's trying to learn the violin.
475
00:26:19,178 --> 00:26:21,170
What else?
476
00:26:21,213 --> 00:26:23,614
He's pretty lame with it.
477
00:26:23,649 --> 00:26:26,619
What about the look on his face?
478
00:26:26,652 --> 00:26:28,348
What about it?
479
00:26:28,387 --> 00:26:30,151
Do you think he'll pick it up?
480
00:26:30,189 --> 00:26:31,817
Do you think he'll try it?
481
00:26:31,857 --> 00:26:33,951
- I don't know.
- Do you think he wants to?
482
00:26:35,527 --> 00:26:38,087
- I think he's got to.
- Why is that?
483
00:26:38,130 --> 00:26:40,156
Because if he
doesn't, his old man
484
00:26:40,199 --> 00:26:42,998
is probably going to
beat the crap out of him.
485
00:26:43,035 --> 00:26:44,799
Probably serves him right.
486
00:26:44,837 --> 00:26:46,635
Why does it serve him right?
487
00:26:46,672 --> 00:26:48,766
Well, he's got
to learn it, right?
488
00:26:48,807 --> 00:26:50,207
I don't know. Does he?
489
00:26:50,242 --> 00:26:53,838
- What's the point, otherwise?
- Olivet: Of what?
490
00:26:53,879 --> 00:26:57,372
Of taking the stupid lessons, if
he's not gonna learn how to play it?!
491
00:26:58,550 --> 00:27:01,019
I'd say he's a
psychologically abused kid
492
00:27:01,053 --> 00:27:03,113
with an incredibly
exacting father.
493
00:27:03,155 --> 00:27:06,250
Confirms what Cerreta and
Logan picked up from the mother.
494
00:27:06,291 --> 00:27:08,055
Abused kids follow
one of two tracks.
495
00:27:08,093 --> 00:27:09,959
They either identify
with the victim,
496
00:27:09,995 --> 00:27:12,794
and place themselves in
situations where they'll be victimized,
497
00:27:12,831 --> 00:27:14,629
or they identify
with the aggressor...
498
00:27:14,666 --> 00:27:17,966
Internalize his qualities,
his power, his strength.
499
00:27:18,003 --> 00:27:20,165
Stone: And he
became the aggressor.
500
00:27:20,205 --> 00:27:22,765
And what effect did Tracon
have on his behavior?
501
00:27:22,808 --> 00:27:25,277
It's an anti-anxiety drug.
502
00:27:25,310 --> 00:27:28,303
It can affect mood, memory,
any number of variables.
503
00:27:28,347 --> 00:27:30,407
But my opinion is
that Jaime's behavior
504
00:27:30,449 --> 00:27:32,714
predates administration
of the drug.
505
00:27:32,751 --> 00:27:35,619
Jaime exhibits
repetition compulsion,
506
00:27:35,654 --> 00:27:38,453
a need to act out his
subconscious conflict.
507
00:27:38,490 --> 00:27:40,288
He wants to feel powerful.
508
00:27:40,325 --> 00:27:42,123
He enjoys the fear he creates.
509
00:27:42,161 --> 00:27:45,131
That's what this game with
the Fenwick kid was all about.
510
00:27:45,164 --> 00:27:47,133
And drug or no
drug, he'll play it again
511
00:27:47,166 --> 00:27:49,135
the first chance he gets.
512
00:27:49,168 --> 00:27:51,137
The first shooting
when he was 13,
513
00:27:51,170 --> 00:27:53,139
that was part of
the game, as well?
514
00:27:53,172 --> 00:27:55,573
Olivet: He became pretty
agitated when I brought it up.
515
00:27:55,607 --> 00:27:58,702
He was probably
traumatized by the incident.
516
00:27:58,744 --> 00:28:00,770
But not enough to
stay away from guns.
517
00:28:02,648 --> 00:28:05,277
Best thing you
can do is plea it out,
518
00:28:05,317 --> 00:28:08,947
make residential
psychiatric care a condition.
519
00:28:08,987 --> 00:28:11,115
Stone: Six months of daycare?
520
00:28:11,156 --> 00:28:13,125
He had two years
of therapy, Adam.
521
00:28:13,158 --> 00:28:16,788
He knows what happens when
you pull a trigger. And he didn't care.
522
00:28:16,828 --> 00:28:19,627
You cannot make the
case without entering
523
00:28:19,665 --> 00:28:21,793
the first shooting in evidence.
524
00:28:21,833 --> 00:28:23,358
No judge will allow it.
525
00:28:23,402 --> 00:28:25,132
You got a sealed record there.
526
00:28:25,170 --> 00:28:26,900
You got a juvenile
who's the offender.
527
00:28:26,939 --> 00:28:30,637
Any jury would convict this boy
528
00:28:30,676 --> 00:28:34,169
on the second shooting solely
on the evidence from the first.
529
00:28:34,213 --> 00:28:36,148
Jaime said he mistakenly shot
530
00:28:36,181 --> 00:28:37,979
Robbie Fenwick
because he didn't know
531
00:28:38,016 --> 00:28:39,780
the difference
between a double-action
532
00:28:39,818 --> 00:28:41,719
and a single-action handgun.
533
00:28:41,753 --> 00:28:45,019
The Graham Campbell shooting demonstrates
he'd learned that lesson two years ago
534
00:28:45,057 --> 00:28:47,026
when he claimed to have
made the same mistake.
535
00:28:50,195 --> 00:28:52,255
Take a run at Judge Markman.
536
00:28:53,865 --> 00:28:56,835
Jaime Maser shooting
Graham Campbell at age 13
537
00:28:56,868 --> 00:28:59,497
had to have been the
single most important
538
00:28:59,538 --> 00:29:01,632
incident in the
boy's life to date.
539
00:29:01,673 --> 00:29:04,165
If that act is not
admitted, it allows Jaime
540
00:29:04,209 --> 00:29:07,611
a defense claim that's
clearly fraudulent.
541
00:29:07,646 --> 00:29:10,206
Your Honor, it's irrelevant.
542
00:29:10,249 --> 00:29:13,617
Our defense isn't based
on a claim of mistake.
543
00:29:13,652 --> 00:29:16,451
Robinette: Maybe not now,
but he did make the statements.
544
00:29:16,488 --> 00:29:18,457
The investigating
officers will testify
545
00:29:18,490 --> 00:29:20,618
Jaime told them he
was confused on the gun.
546
00:29:20,659 --> 00:29:24,323
The prior shooting should be admitted
to show that statement to be a lie.
547
00:29:24,363 --> 00:29:27,162
Under a technical application
of Molineux, you're right.
548
00:29:27,199 --> 00:29:29,293
But I have to take
into account the impact
549
00:29:29,334 --> 00:29:31,064
the knowledge of
this prior shooting
550
00:29:31,103 --> 00:29:33,800
will have on the jury,
as I'm sure you did.
551
00:29:33,839 --> 00:29:36,968
In my opinion, it's so
inflammatory, so prejudicial,
552
00:29:37,009 --> 00:29:40,002
it will outweigh its
value as evidence.
553
00:29:41,747 --> 00:29:44,478
So I can't allow it
to be introduced.
554
00:29:53,025 --> 00:29:55,324
Jaime: Everything
was in slow motion.
555
00:29:55,360 --> 00:29:57,329
It was weird.
556
00:29:57,362 --> 00:30:02,824
I felt like I was standing
outside my body...
557
00:30:02,868 --> 00:30:04,996
and watching.
558
00:30:05,037 --> 00:30:08,166
I could see me and Robbie...
559
00:30:08,206 --> 00:30:11,370
like in a movie.
560
00:30:13,045 --> 00:30:15,708
And I wanted to see how
far the trigger would go.
561
00:30:18,550 --> 00:30:20,542
I wanted to see what
Robbie would do.
562
00:30:23,388 --> 00:30:25,186
Did he say anything to you?
563
00:30:26,725 --> 00:30:28,387
I don't... I don't know.
564
00:30:29,895 --> 00:30:32,364
It was like it was in a bubble.
565
00:30:32,397 --> 00:30:34,389
I couldn't hear.
566
00:30:36,568 --> 00:30:39,504
I just kept pulling the trigger,
567
00:30:39,538 --> 00:30:41,700
and there was this flash.
568
00:30:43,108 --> 00:30:44,906
And the gun went off?
569
00:30:45,911 --> 00:30:47,573
I don't remember.
570
00:30:51,083 --> 00:30:53,416
There was Robbie,
just laying there...
571
00:30:54,753 --> 00:30:56,119
bleeding.
572
00:30:56,154 --> 00:30:58,885
It was like the movie
was still going on.
573
00:30:58,924 --> 00:31:01,257
I couldn't feel.
574
00:31:03,195 --> 00:31:05,926
I heard this roaring
sound in my ears.
575
00:31:08,033 --> 00:31:10,593
I just couldn't stop watching.
576
00:31:18,043 --> 00:31:20,478
No further questions.
577
00:31:20,512 --> 00:31:22,447
Mr. Stone.
578
00:31:22,481 --> 00:31:24,347
No questions at this
time, Your Honor.
579
00:31:24,383 --> 00:31:26,579
Subject to recall.
580
00:31:28,487 --> 00:31:30,183
Since its introduction,
581
00:31:30,222 --> 00:31:32,123
Tracon has had a
favorable success rate.
582
00:31:32,157 --> 00:31:35,355
But it has also
generated 10 times more
583
00:31:35,394 --> 00:31:38,159
adverse reaction
reports than similar drugs.
584
00:31:38,196 --> 00:31:40,427
What kind of adverse
reactions, Doctor?
585
00:31:40,465 --> 00:31:44,368
Nervous system disturbances.
586
00:31:44,403 --> 00:31:46,668
Rebound anxiety, amnesia,
587
00:31:46,705 --> 00:31:49,300
hostility, delusions.
588
00:31:49,341 --> 00:31:52,277
It's my opinion Tracon
can ignite repressed anger.
589
00:31:52,310 --> 00:31:54,040
Can you offer an opinion
590
00:31:54,079 --> 00:31:55,877
about his emotional state
591
00:31:55,914 --> 00:31:57,405
at the time of the shooting?
592
00:31:57,449 --> 00:32:01,614
Based on his behavior
since being prescribed Tracon,
593
00:32:01,653 --> 00:32:03,622
it's my opinion
Jaime was suffering
594
00:32:03,655 --> 00:32:05,681
from Tracon
intoxication syndrome.
595
00:32:05,724 --> 00:32:08,956
Thank you, Doctor.
No further questions.
596
00:32:11,363 --> 00:32:15,960
Doctor, could you describe
dissociative phenomena?
597
00:32:17,536 --> 00:32:20,165
It's a feeling of
standing outside oneself,
598
00:32:20,205 --> 00:32:23,334
of being a witness to
something happening to you.
599
00:32:23,375 --> 00:32:25,844
Stone: That sounds
very similar to a symptom
600
00:32:25,877 --> 00:32:28,676
- of Tracon intoxication.
- Yes.
601
00:32:28,713 --> 00:32:30,511
And isn't it true that victims
602
00:32:30,549 --> 00:32:33,109
of sexual or psychological
abuse also suffer
603
00:32:33,151 --> 00:32:34,619
from dissociative phenomena?
604
00:32:34,653 --> 00:32:37,179
Yes, that's true.
605
00:32:37,222 --> 00:32:40,852
Have you ever heard
of repetition compulsion?
606
00:32:40,892 --> 00:32:43,384
- Yes.
- Would you describe it?
607
00:32:43,428 --> 00:32:46,865
It's the need to repeatedly
act out an inner conflict.
608
00:32:46,898 --> 00:32:49,060
Stone: An inner
conflict that may stem
609
00:32:49,100 --> 00:32:51,865
from psychological abuse?
610
00:32:51,903 --> 00:32:53,872
Yes, possibly, but...
611
00:32:53,905 --> 00:32:56,875
And a subject may be feeding
off a surrogate figure's fear...
612
00:32:56,908 --> 00:32:59,207
A fear that would
encourage him to re-enact
613
00:32:59,244 --> 00:33:01,804
a situation he found
pleasing once before?
614
00:33:01,847 --> 00:33:04,715
Your Honor,
prosecution's questions
615
00:33:04,749 --> 00:33:06,809
seem designed
to elicit information
616
00:33:06,852 --> 00:33:09,185
that is not admissible here.
617
00:33:09,221 --> 00:33:11,486
Watch your step, Mr. Stone.
618
00:33:11,523 --> 00:33:13,424
No further questions,
Your Honor.
619
00:33:15,527 --> 00:33:19,020
How old were you when you
first learned to shoot a handgun?
620
00:33:20,699 --> 00:33:22,327
I was 11.
621
00:33:22,367 --> 00:33:23,995
My father taught me how to shoot
622
00:33:24,035 --> 00:33:25,867
his target pistol.
623
00:33:29,708 --> 00:33:32,007
Is this your father's
target pistol?
624
00:33:32,043 --> 00:33:33,807
Jaime: Yeah.
625
00:33:35,046 --> 00:33:37,379
How do you fire it?
Just pull the trigger?
626
00:33:38,550 --> 00:33:41,213
No, you have to
cock the hammer first.
627
00:33:41,253 --> 00:33:42,949
Would you show me?
628
00:33:42,988 --> 00:33:44,752
Your Honor, objection.
629
00:33:45,891 --> 00:33:47,291
Overruled.
630
00:33:48,393 --> 00:33:50,055
Go on, Jaime.
631
00:33:52,898 --> 00:33:54,366
Okay...
632
00:33:54,399 --> 00:33:57,028
you cock the hammer
first with your thumb,
633
00:33:57,068 --> 00:33:59,765
and then just pull the trigger.
634
00:34:05,010 --> 00:34:07,138
Is that different
from this gun...
635
00:34:07,178 --> 00:34:09,147
The one you shot Robbie with?
636
00:34:09,180 --> 00:34:11,740
- Yeah.
- How's it different?
637
00:34:11,783 --> 00:34:14,480
That one you don't have
to cock the hammer first.
638
00:34:14,519 --> 00:34:17,580
- You just pull the trigger.
- And how would you hold it?
639
00:34:21,192 --> 00:34:23,320
Who taught you to
hold a gun like that?
640
00:34:23,361 --> 00:34:25,193
My dad.
641
00:34:26,865 --> 00:34:30,063
So how did it feel pointing
a gun at your friend?
642
00:34:30,101 --> 00:34:31,763
- It was a game.
- Oh, it was fun, right?
643
00:34:31,803 --> 00:34:34,102
- It was just a game.
- So, it was a game
644
00:34:34,139 --> 00:34:36,108
pointing a gun at your friend.
645
00:34:36,141 --> 00:34:38,667
Was squeezing the
trigger part of the game?
646
00:34:38,710 --> 00:34:41,578
- Yeah.
- Would you show me?
647
00:34:41,613 --> 00:34:43,514
Um...
648
00:34:43,548 --> 00:34:45,517
Please?
649
00:34:46,918 --> 00:34:49,353
You testified you pulled
the trigger very slowly,
650
00:34:49,387 --> 00:34:51,686
and the hammer came
back, just like that, right?
651
00:34:51,723 --> 00:34:53,521
- Did you see it moving?
- I don't remember.
652
00:34:53,558 --> 00:34:55,703
- Robbie see it moving? He say anything?
- I don't know.
653
00:34:55,727 --> 00:34:58,629
- Did he say anything at all?
- No.
654
00:34:58,663 --> 00:35:02,600
So you went ahead and pulled the
trigger like you're doing now, right?
655
00:35:02,634 --> 00:35:04,432
- Yeah.
- You held it on him
the whole time?
656
00:35:04,469 --> 00:35:07,803
- Yeah.
- And how did you feel? Was that exciting?
657
00:35:07,839 --> 00:35:09,967
- I don't know?
- And how did Robbie feel?
658
00:35:10,008 --> 00:35:12,239
- Was he afraid?
- I don't know...
659
00:35:17,349 --> 00:35:18,977
It went... this isn't fair.
660
00:35:19,017 --> 00:35:20,815
It wasn't... it was just a game.
661
00:35:20,852 --> 00:35:23,583
It wasn't like this.
We didn't know.
662
00:35:26,358 --> 00:35:28,020
It's my medicine.
663
00:35:28,059 --> 00:35:29,550
Move to strike, Your Honor.
664
00:35:29,594 --> 00:35:31,153
It makes me confused!
665
00:35:31,196 --> 00:35:33,097
Judge: The jury will disregard.
666
00:35:50,548 --> 00:35:52,016
Madam Foreman,
667
00:35:52,050 --> 00:35:54,212
has the jury reached
a unanimous decision?
668
00:35:54,252 --> 00:35:56,016
Yes, we have, Your Honor.
669
00:35:56,054 --> 00:35:57,716
How do you find?
670
00:35:57,756 --> 00:35:59,748
Foreman: On the sole
count of the indictment,
671
00:35:59,791 --> 00:36:01,657
murder in the second degree,
672
00:36:01,693 --> 00:36:04,128
we find the defendant,
Jaime Maser,
673
00:36:04,162 --> 00:36:07,929
not guilty by reason
of mental defect.
674
00:36:13,838 --> 00:36:15,397
Good boy.
675
00:36:15,440 --> 00:36:18,569
Good job. Thank you.
676
00:36:26,184 --> 00:36:28,813
Pull everything you
can on the first shooting.
677
00:36:28,853 --> 00:36:30,481
Get the records unsealed.
678
00:36:30,522 --> 00:36:32,491
I want to reopen
the investigation.
679
00:36:32,524 --> 00:36:33,958
It's a two-year-old case, Ben.
680
00:36:33,992 --> 00:36:36,518
There's no statute of
limitations on murder.
681
00:36:41,700 --> 00:36:43,328
Adam, you heard the report.
682
00:36:43,368 --> 00:36:45,337
- The kid lives on fear.
- Fine.
683
00:36:45,370 --> 00:36:47,339
No one in this
office walks on water.
684
00:36:47,372 --> 00:36:49,341
Convicting him
on the first shooting
685
00:36:49,374 --> 00:36:51,343
will be twice as
hard as this last one.
686
00:36:51,376 --> 00:36:54,676
A two-year-old case,
less evidence to work with,
687
00:36:54,713 --> 00:36:57,182
and you can't use the
fact that it matches up
688
00:36:57,215 --> 00:36:59,343
to the Fenwick shooting,
because that shooting
689
00:36:59,384 --> 00:37:03,617
- has not even taken place.
- I'm open for suggestions.
690
00:37:05,990 --> 00:37:07,959
- Nothing out
of the parents?
- No.
691
00:37:07,992 --> 00:37:10,120
They're bound by the
gag order on the divorce.
692
00:37:10,161 --> 00:37:12,687
We know the father lied about
Jaime's knowledge of guns.
693
00:37:13,998 --> 00:37:17,230
Two boys dead.
Not an ounce of guilt.
694
00:37:17,268 --> 00:37:19,464
- We'll find something.
- Find something?
695
00:37:19,504 --> 00:37:23,839
- With the case sealed?
- Cerreta and Logan have notes
from the first detective.
696
00:37:23,875 --> 00:37:26,640
You better get
walked through it, then.
697
00:37:28,513 --> 00:37:30,982
Cerreta: Graham Campbell
was found right here.
698
00:37:31,015 --> 00:37:32,984
The position of
the body indicates
699
00:37:33,017 --> 00:37:35,145
that he was kneeling
when he was shot.
700
00:37:35,186 --> 00:37:37,655
Jaime must've been
somewhere about right here.
701
00:37:37,689 --> 00:37:39,317
There weren't any powder-burns
702
00:37:39,357 --> 00:37:42,191
- on Graham's body either.
- But that was discounted.
703
00:37:42,227 --> 00:37:45,163
Gullikson said it rained
the day they found the body.
704
00:37:45,196 --> 00:37:48,166
But assuming there was
no residue to begin with...
705
00:37:48,199 --> 00:37:50,168
That would put
Jaime far enough away
706
00:37:50,201 --> 00:37:53,660
from Campbell to make
an accident very unlikely.
707
00:37:53,705 --> 00:37:56,504
Same game, same excuse.
708
00:37:56,541 --> 00:37:58,339
One shot to the head,
709
00:37:58,376 --> 00:38:00,504
both times fired
from six feet away.
710
00:38:00,545 --> 00:38:02,639
Any takers on coincidence?
711
00:38:05,984 --> 00:38:09,944
You taught Jaime how to fire a
single-action handgun when he was 12?
712
00:38:09,988 --> 00:38:12,287
Maser: Yes, at a firing range.
713
00:38:12,323 --> 00:38:14,155
And the double-action
handgun he used
714
00:38:14,192 --> 00:38:15,785
in the shooting two years ago,
715
00:38:15,827 --> 00:38:18,296
- didn't you teach himhow to shoot that, too?
- No.
716
00:38:18,329 --> 00:38:22,767
I told you before, I only wanted
him interested in target shooting.
717
00:38:22,801 --> 00:38:25,635
Come on, you guys.
What is this, net fishing?
718
00:38:25,670 --> 00:38:28,299
It's about your client
lying to protect his son.
719
00:38:28,339 --> 00:38:30,137
We know he lied about
Jaime's knowledge
720
00:38:30,175 --> 00:38:32,144
of handguns in the
Fenwick shooting.
721
00:38:32,177 --> 00:38:34,146
It is not unreasonable
to assume he told
722
00:38:34,179 --> 00:38:36,842
the same lie two years earlier
in the Campbell shooting.
723
00:38:36,881 --> 00:38:39,373
- And?
- It's a perjury, Mr. Maser.
724
00:38:39,417 --> 00:38:41,648
Class "E" felony.
Carries some time.
725
00:38:41,686 --> 00:38:44,155
I don't respond to threats.
726
00:38:44,189 --> 00:38:45,987
Two boys are dead.
727
00:38:46,024 --> 00:38:47,993
Boys just as
important as your son.
728
00:38:48,026 --> 00:38:49,824
And I hold you
greatly responsible,
729
00:38:49,861 --> 00:38:52,228
if not legally, ethically,
for both those deaths.
730
00:38:52,263 --> 00:38:55,722
That's one of the great
things about this country.
731
00:38:57,202 --> 00:38:59,433
You can believe
anything you want.
732
00:39:07,145 --> 00:39:09,114
It's going to take
more than an E felony
733
00:39:09,147 --> 00:39:10,945
to leverage anything out of him.
734
00:39:10,982 --> 00:39:13,781
Find out where he did
his shooting two years ago.
735
00:39:13,818 --> 00:39:17,016
And see if you can get us in to
see Pamela Maser and her lawyer.
736
00:39:26,497 --> 00:39:29,934
Here he is. Ian Maser was a
member until two years ago.
737
00:39:29,968 --> 00:39:32,301
I think he moved.
738
00:39:32,337 --> 00:39:35,899
His credit card receipts show
he'd been coming here for six years.
739
00:39:35,940 --> 00:39:37,875
Mm-hmm. His kid
was a member, too.
740
00:39:37,909 --> 00:39:39,901
You give memberships to kids?
741
00:39:39,944 --> 00:39:42,072
It's a promotional
kind of thing.
742
00:39:42,113 --> 00:39:44,639
Kids like having their
own membership cards.
743
00:39:44,682 --> 00:39:47,948
They can't shoot unless their
parents are around, anyway.
744
00:39:47,986 --> 00:39:49,545
Maser bring his
son in here often?
745
00:39:49,587 --> 00:39:51,920
I don't recall how often.
746
00:39:51,956 --> 00:39:54,983
Maser kept a target pistol
here. That was his thing.
747
00:39:55,026 --> 00:39:57,586
I remember him teaching
the kid how to do it.
748
00:39:57,629 --> 00:40:00,656
I used to hear him
holler at him all the time.
749
00:40:00,698 --> 00:40:02,189
Maser ever fire any other guns?
750
00:40:03,868 --> 00:40:07,828
I see where he started buying
.357 ammo before he moved.
751
00:40:07,872 --> 00:40:09,340
Wadcutters.
752
00:40:09,374 --> 00:40:10,842
Oh, yeah.
753
00:40:10,875 --> 00:40:13,003
Then he got himself
a Colt Python.
754
00:40:13,044 --> 00:40:15,013
That was pretty
funny for a while.
755
00:40:15,046 --> 00:40:17,140
- What was?
- Colt's a big gun.
756
00:40:17,181 --> 00:40:21,175
Seeing that young kid trying
to keep a bead on the target.
757
00:40:23,554 --> 00:40:26,422
I don't know. I never had
anything to do with the guns.
758
00:40:26,457 --> 00:40:29,086
That was between Ian and Jaime.
759
00:40:29,127 --> 00:40:30,595
Jaime never talked
to you about it?
760
00:40:30,628 --> 00:40:32,688
He told me if he'd done well,
761
00:40:32,730 --> 00:40:34,528
if he'd pleased his father.
762
00:40:34,565 --> 00:40:36,193
But specifically, no.
763
00:40:36,234 --> 00:40:38,499
And your husband
never talked about it?
764
00:40:38,536 --> 00:40:40,869
The guns were male business.
765
00:40:40,905 --> 00:40:44,034
Ian assumed I wouldn't
understand, which wasn't true,
766
00:40:44,075 --> 00:40:48,206
or that I didn't want to
know, which was true.
767
00:40:48,246 --> 00:40:50,613
Stone: Your husband and
you separated not long after
768
00:40:50,648 --> 00:40:53,208
the first shooting
incident, is that correct?
769
00:40:53,251 --> 00:40:55,777
Is that because of the guns?
770
00:41:00,091 --> 00:41:01,719
Or the shooting?
771
00:41:03,528 --> 00:41:06,157
Or the way your
husband treats Jaime?
772
00:41:06,197 --> 00:41:07,995
Shaky ground, Mr. Stone.
773
00:41:08,032 --> 00:41:09,898
You know that
information is sealed.
774
00:41:09,934 --> 00:41:12,165
What I know, sealed or not,
775
00:41:12,203 --> 00:41:14,172
is that two boys are dead,
776
00:41:14,205 --> 00:41:16,174
and your son may
or may not have been
777
00:41:16,207 --> 00:41:19,700
irreparably damaged by his
relationship with his father.
778
00:41:22,714 --> 00:41:24,342
I think you know,
as well as I do,
779
00:41:24,382 --> 00:41:26,010
that no matter
what the settlement
780
00:41:26,050 --> 00:41:30,454
or the financial support, it
can't be anywhere near worth it.
781
00:41:39,063 --> 00:41:41,532
Pamela: Ian wasn't an
easy man to live with.
782
00:41:41,566 --> 00:41:44,365
Things were his way or no way.
783
00:41:44,402 --> 00:41:46,371
And if they weren't his way,
784
00:41:46,404 --> 00:41:48,270
Jaime or I paid for it.
785
00:41:50,074 --> 00:41:52,066
After Graham Campbell was shot,
786
00:41:52,110 --> 00:41:55,342
things got way out of hand.
787
00:41:55,380 --> 00:41:57,849
Out of hand?
788
00:41:57,882 --> 00:42:00,716
Anything would
set Ian off. Anything.
789
00:42:01,853 --> 00:42:03,583
Jaime was out of control.
790
00:42:03,621 --> 00:42:07,114
Ian and I separated, and
Jaime came to live with me.
791
00:42:07,158 --> 00:42:09,320
He started taking
things out on me, too.
792
00:42:09,360 --> 00:42:11,056
He started acting
like his father.
793
00:42:11,095 --> 00:42:12,757
In what way?
794
00:42:12,797 --> 00:42:14,891
He threatened me.
795
00:42:14,932 --> 00:42:16,798
With what?
796
00:42:16,834 --> 00:42:18,894
A gun.
797
00:42:20,338 --> 00:42:23,172
Stone: And did you keep
a gun in the apartment?
798
00:42:24,542 --> 00:42:27,137
No, it was one of Ian's.
799
00:42:27,178 --> 00:42:29,511
I don't know if it
was loaded or not.
800
00:42:29,547 --> 00:42:31,448
He pointed it at me.
801
00:42:31,482 --> 00:42:34,680
I must have looked
blank, or something.
802
00:42:34,719 --> 00:42:37,018
He said...
803
00:42:37,055 --> 00:42:40,025
"You don't believe
I'd do it, do you?
804
00:42:40,058 --> 00:42:42,459
Graham didn't
believe me, either."
805
00:42:46,397 --> 00:42:49,765
You can't imagine what it's
like to be afraid of your own son.
806
00:42:58,910 --> 00:43:01,141
"You don't believe I'd do it,"
807
00:43:01,179 --> 00:43:03,307
and "Graham didn't
believe it, either."
808
00:43:03,347 --> 00:43:05,578
Do you understand what
Jaime meant by that?
809
00:43:05,616 --> 00:43:08,814
Graham didn't believe
Jaime would shoot him.
810
00:43:10,154 --> 00:43:12,453
Did you believe he'd shoot you?
811
00:43:13,524 --> 00:43:16,517
I did.
812
00:43:18,196 --> 00:43:20,495
Now, under the terms of
your divorce settlement,
813
00:43:20,531 --> 00:43:23,330
you have been forbidden
to make any mention
814
00:43:23,367 --> 00:43:25,336
of the Graham Campbell incident.
815
00:43:25,369 --> 00:43:26,667
- Is that true?
- Yes.
816
00:43:26,704 --> 00:43:28,639
And yet here you
are, testifying in court.
817
00:43:28,673 --> 00:43:30,369
Why is that?
818
00:43:32,376 --> 00:43:35,835
I gave up everything. I
gave up custody of my son.
819
00:43:35,880 --> 00:43:39,681
And now I'm forfeiting any
financial settlement by testifying.
820
00:43:39,717 --> 00:43:41,777
The only condition
I put on the divorce
821
00:43:41,819 --> 00:43:44,550
was that Jaime receive
therapy to help him deal
822
00:43:44,589 --> 00:43:48,026
with the shooting and
his subsequent behavior.
823
00:43:48,059 --> 00:43:51,188
Obviously, that
hasn't been enough.
824
00:43:51,229 --> 00:43:53,858
A second boy is dead,
825
00:43:53,898 --> 00:43:55,696
and I couldn't live with myself
826
00:43:55,733 --> 00:43:58,362
if I let that go by and
did nothing about it.
827
00:44:00,071 --> 00:44:02,131
Are you aware of
the consequences
828
00:44:02,173 --> 00:44:04,642
of your testifying today?
829
00:44:04,675 --> 00:44:08,669
I know that Jaime could
go to Spofford Juvenile Hall.
830
00:44:09,847 --> 00:44:12,339
And after that, maybe prison.
831
00:44:14,018 --> 00:44:16,010
I just...
832
00:44:18,689 --> 00:44:22,023
Leaving him with his father
just doesn't seem right now.
833
00:44:28,266 --> 00:44:31,327
Jaime never fired that gun.
834
00:44:31,369 --> 00:44:33,838
Earlier we heard
testimony from the owner
835
00:44:33,871 --> 00:44:35,499
of the Greenpoint Firing Range
836
00:44:35,540 --> 00:44:38,305
that he saw you
teach Jaime to shoot
837
00:44:38,342 --> 00:44:40,402
a Colt Python .357.
838
00:44:40,444 --> 00:44:43,505
Now, why would he
fabricate a story like that?
839
00:44:43,548 --> 00:44:45,346
I was in the booth with my son.
840
00:44:45,383 --> 00:44:47,181
I know which gun he used.
841
00:44:47,218 --> 00:44:49,687
This is an individual
who has nothing to gain
842
00:44:49,720 --> 00:44:52,690
from lying about seeing
your son shoot a .357.
843
00:44:52,723 --> 00:44:56,023
Why would he concoct
a very specific memory
844
00:44:56,060 --> 00:44:57,858
about a small boy firing a gun
845
00:44:57,895 --> 00:45:00,023
too big for him to shoot?
846
00:45:00,064 --> 00:45:02,260
I can't address thin motives.
847
00:45:02,300 --> 00:45:04,963
- What about your own?
- Objection.
848
00:45:05,002 --> 00:45:06,834
Sustained.
849
00:45:10,441 --> 00:45:12,876
I have no further questions.
850
00:45:12,910 --> 00:45:15,141
I know my son
851
00:45:15,179 --> 00:45:17,739
would not willfully
kill that boy.
852
00:45:17,782 --> 00:45:19,648
I taught him right from wrong.
853
00:45:19,684 --> 00:45:22,813
- Mr. Maser.
- I am his father.
854
00:45:22,853 --> 00:45:25,152
Everything he learned,
everything he is...
855
00:45:25,189 --> 00:45:26,987
Judge: Mr. Maser.
856
00:45:29,026 --> 00:45:30,927
You may step down.
857
00:45:42,373 --> 00:45:44,342
On the sole count
of the indictment,
858
00:45:44,375 --> 00:45:46,173
murder in the second degree,
859
00:45:46,210 --> 00:45:48,008
how does the jury find?
860
00:45:48,045 --> 00:45:51,538
We find the defendant,
Jaime Maser, guilty.
861
00:46:00,725 --> 00:46:02,660
Jaime.
862
00:46:26,684 --> 00:46:28,812
We didn't have a lot of choices.
863
00:46:28,853 --> 00:46:31,152
I'm sure Pamela
Maser is turning herself
864
00:46:31,188 --> 00:46:33,487
around with that same thought.
865
00:46:33,524 --> 00:46:35,823
She's tough.
866
00:46:35,860 --> 00:46:37,658
Maybe.
867
00:46:37,695 --> 00:46:40,859
Or maybe she just gave
in and did the inevitable.
868
00:46:42,033 --> 00:46:44,832
Think you could have done it?
869
00:46:44,869 --> 00:46:46,838
Give up my child?
870
00:46:46,871 --> 00:46:49,705
Not without ripping
myself in half I couldn't.66827
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