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1
00:00:08,142 --> 00:00:11,545
Seems like forever
since my trial.
2
00:00:11,579 --> 00:00:13,114
Ten years.
3
00:00:15,116 --> 00:00:18,586
They kept showing this picture
of what he looked like before.
4
00:00:18,619 --> 00:00:21,589
Lieutenant O'Connell.
5
00:00:24,525 --> 00:00:28,429
They talked about
how he was brave,
6
00:00:28,462 --> 00:00:31,499
how he served
his country,
7
00:00:31,532 --> 00:00:34,468
how he took his mother out
for dinner every Sunday.
8
00:00:36,670 --> 00:00:40,608
Then they showed the picture
of him after he was gone.
9
00:00:40,641 --> 00:00:43,511
He was wearing
his uniform,
10
00:00:43,544 --> 00:00:45,713
and his head...
11
00:00:47,515 --> 00:00:48,416
(gavel banging)
12
00:00:48,449 --> 00:00:51,585
I see that picture
when I close my eyes.
13
00:00:51,619 --> 00:00:53,587
(gavel banging)
MAN: Order!
14
00:00:53,621 --> 00:00:55,289
Order in this courtroom!
15
00:00:55,323 --> 00:00:57,125
(gavel banging)
16
00:00:57,158 --> 00:00:59,660
They said he was
bound and dragged.
17
00:00:59,693 --> 00:01:01,529
I imagine it in my head.
18
00:01:01,562 --> 00:01:03,697
(crying):
No, please! Please, no!
19
00:01:06,234 --> 00:01:09,670
He was hit so hard,
the side of his head caved in.
20
00:01:09,703 --> 00:01:10,704
O'CONNELL:
No!
21
00:01:13,841 --> 00:01:15,676
HICKS:
I imagine it all.
22
00:01:15,709 --> 00:01:19,613
Everything they said,
23
00:01:19,647 --> 00:01:21,315
everything they showed
in that courtroom--
24
00:01:21,349 --> 00:01:24,285
it's in my head,
and it won't go away.
25
00:01:24,318 --> 00:01:27,421
And everyone who looks at me...
26
00:01:29,223 --> 00:01:31,525
...they think I did that to him.
27
00:01:31,559 --> 00:01:35,229
Did you, Gabriel?
28
00:01:35,263 --> 00:01:37,731
Did you murder
Lieutenant O'Connell?
29
00:01:39,633 --> 00:01:41,669
No.
30
00:01:44,205 --> 00:01:46,174
Then start from the beginning.
31
00:01:46,207 --> 00:01:48,242
Tell me how you ended up here.
32
00:01:51,345 --> 00:01:53,514
I was framed.
33
00:01:53,547 --> 00:01:55,416
By who?
34
00:01:55,449 --> 00:01:57,651
NCIS.
35
00:02:00,921 --> 00:02:03,191
*
36
00:02:33,321 --> 00:02:34,422
Morning, Bishop.
37
00:02:34,455 --> 00:02:38,292
Hey, McGee, cannot wait to
work with you today, bud.
38
00:02:38,326 --> 00:02:39,660
Why are you
so chipper?
39
00:02:39,693 --> 00:02:41,395
Well, Bishop,
40
00:02:41,429 --> 00:02:43,964
I woke up this morning,
and I realized that
41
00:02:43,997 --> 00:02:47,268
all of my T-shirts
are too small.
42
00:02:47,301 --> 00:02:48,769
Well, I could've
told you that.
43
00:02:48,802 --> 00:02:50,338
They're practically
child-sized.
44
00:02:50,371 --> 00:02:51,339
No, man.
45
00:02:51,372 --> 00:02:52,440
It's my arms.
46
00:02:52,473 --> 00:02:54,908
My biceps are
gaining inches, man.
47
00:02:54,942 --> 00:02:58,346
All those reps are...
are really paying off, baby.
48
00:02:58,379 --> 00:02:59,447
I woke up this morning,
49
00:02:59,480 --> 00:03:00,814
I looked down at my arms,
50
00:03:00,848 --> 00:03:02,416
and you know when you know?
51
00:03:02,450 --> 00:03:03,917
I-I just knew
52
00:03:03,951 --> 00:03:08,222
that today was gonna be
a great day, for all of us.
53
00:03:08,256 --> 00:03:09,923
So all of us are gonna have
a great day
54
00:03:09,957 --> 00:03:11,259
because of your muscles?
55
00:03:11,292 --> 00:03:12,993
Mm-hmm.
SLOANE: Hey, Nick.
56
00:03:13,026 --> 00:03:14,328
Incoming.
57
00:03:14,362 --> 00:03:16,564
What the hell?
58
00:03:16,597 --> 00:03:18,232
It's a gift.
59
00:03:19,300 --> 00:03:20,334
Foxy Feet Pedicure Kit,
60
00:03:20,368 --> 00:03:22,503
as seen on TV.
Buy one, get one free.
61
00:03:22,536 --> 00:03:23,904
So, you're welcome.
62
00:03:23,937 --> 00:03:25,439
Wait. This is
63
00:03:25,473 --> 00:03:26,874
for your feet.
64
00:03:26,907 --> 00:03:28,476
Why would I want this?
65
00:03:28,509 --> 00:03:30,511
I could've sworn
you were the type
66
00:03:30,544 --> 00:03:32,446
who self-pedicured
at least once a week.
67
00:03:32,480 --> 00:03:33,581
You know the drill.
68
00:03:33,614 --> 00:03:35,949
Well, I don't know
the drill, but, uh,
69
00:03:35,983 --> 00:03:38,586
thank you, I guess.
I-I don't think so.
70
00:03:38,619 --> 00:03:41,422
Got it. As you were.
71
00:03:41,455 --> 00:03:43,324
You know, I bet
you would go to great lengths
72
00:03:43,357 --> 00:03:45,393
to prevent any kind
of physical imperfection.
73
00:03:45,426 --> 00:03:46,760
BISHOP:
Mm-hmm, and Sloane is
74
00:03:46,794 --> 00:03:48,462
really good at
reading people.
75
00:03:48,496 --> 00:03:49,863
Oh, come on, guys.
76
00:03:49,897 --> 00:03:50,798
I already told you.
77
00:03:50,831 --> 00:03:52,733
I spend every free minute
I get in the gym.
78
00:03:52,766 --> 00:03:54,568
I don't have time
to do this kind of stuff.
79
00:03:54,602 --> 00:03:56,704
Fine. I'll take it.
No, I'm taking it.
80
00:03:56,737 --> 00:03:59,006
Oh, hey, what's up, Gibbs?
81
00:03:59,940 --> 00:04:01,041
Dead body, boss?
82
00:04:01,074 --> 00:04:02,910
Nope.
83
00:04:05,913 --> 00:04:08,015
Special Agent Gibbs.
84
00:04:08,048 --> 00:04:09,650
Jessica Shaeffer,
federal public defender.
85
00:04:09,683 --> 00:04:11,652
Pleasure.
86
00:04:11,685 --> 00:04:14,522
I'll assume you won't mind
if I forego the B.S.
87
00:04:14,555 --> 00:04:16,657
No.
88
00:04:16,690 --> 00:04:18,559
Six months ago,
I took on the case
89
00:04:18,592 --> 00:04:20,361
of a man named
Gabriel Hicks.
90
00:04:20,394 --> 00:04:23,464
He was convicted of
kidnapping, robbing
91
00:04:23,497 --> 00:04:25,699
and murdering Navy Lieutenant
Edward O'Connell.
92
00:04:25,733 --> 00:04:28,001
Hicks was
wrongfully convicted.
93
00:04:28,035 --> 00:04:31,439
He served ten years on death row
for a crime he didn't commit.
94
00:04:31,472 --> 00:04:33,374
O'Connell's murder
was before my time.
95
00:04:33,407 --> 00:04:35,676
I thought maybe you could
fill in the blanks, Gibbs.
96
00:04:35,709 --> 00:04:38,078
Wasn't my case.
But you remember it.
97
00:04:38,111 --> 00:04:39,480
Joint investigation
98
00:04:39,513 --> 00:04:40,914
with the FBI.
99
00:04:40,948 --> 00:04:43,584
If she thinks
Hicks is innocent...
100
00:04:43,617 --> 00:04:46,053
She thinks that we botched
the investigation.
101
00:04:46,086 --> 00:04:48,088
Actually, I thought
you framed him.
102
00:04:48,121 --> 00:04:49,923
Luckily for you,
103
00:04:49,957 --> 00:04:51,525
I found no evidence of that.
104
00:04:51,559 --> 00:04:55,829
But what I have found are
some rather jumbled reports
105
00:04:55,863 --> 00:04:57,565
written by the NCIS point.
106
00:04:57,598 --> 00:04:58,899
Special Agent Mark Mason.
107
00:04:58,932 --> 00:05:00,434
Died of a heart attack
108
00:05:00,468 --> 00:05:01,635
five years ago, I'm aware.
109
00:05:01,669 --> 00:05:03,471
I'm mid-trial on
this thing, Director.
110
00:05:03,504 --> 00:05:04,772
I have done
my homework.
111
00:05:04,805 --> 00:05:07,508
But Agent Mason's
not why I'm here.
112
00:05:07,541 --> 00:05:09,443
Okay. Then what?
113
00:05:09,477 --> 00:05:11,479
Lieutenant O'Connell's
autopsy report.
114
00:05:11,512 --> 00:05:13,447
It was completed by
115
00:05:13,481 --> 00:05:14,682
a second-string M.E.
116
00:05:14,715 --> 00:05:16,384
Ducky's mom was having surgery.
117
00:05:16,417 --> 00:05:17,785
He took a leave.
118
00:05:17,818 --> 00:05:19,787
We sent the body
to the city M.E.
119
00:05:19,820 --> 00:05:22,356
I received permission
to have it exhumed.
120
00:05:22,390 --> 00:05:23,757
Now I want
your permission
121
00:05:23,791 --> 00:05:26,093
to have the best
of the best take a look.
122
00:05:26,126 --> 00:05:28,562
I've already taken the liberty
123
00:05:28,596 --> 00:05:29,963
of messengering
Dr. Mallard the original
124
00:05:29,997 --> 00:05:33,033
copy of that report,
and the body.
125
00:05:34,735 --> 00:05:38,439
The great American
physician, poet and polymath
126
00:05:38,472 --> 00:05:41,409
Oliver Wendell Holmes, Senior,
once said,
127
00:05:41,442 --> 00:05:44,712
"Where we love is home,
128
00:05:44,745 --> 00:05:48,482
home that our feet may leave,
but not our hearts." (chuckles)
129
00:05:48,516 --> 00:05:51,018
In other words,
it's great to be back.
130
00:05:51,051 --> 00:05:53,721
This is all really lovely,
but can we...?
131
00:05:53,754 --> 00:05:56,557
Oh, uh, yes,
you're due back in court.
132
00:05:56,590 --> 00:05:58,559
Let's get started.
133
00:05:58,592 --> 00:06:02,596
Based on these photos
and reports, I can safely say
134
00:06:02,630 --> 00:06:06,567
that I agree
with your cause of death.
135
00:06:06,600 --> 00:06:07,635
Blunt force trauma.
136
00:06:07,668 --> 00:06:09,603
Yes. Here, to the side
of the head.
137
00:06:09,637 --> 00:06:12,573
With what appeared to be
a metal pipe.
138
00:06:12,606 --> 00:06:13,774
Yes. Ms. Shaeffer.
139
00:06:13,807 --> 00:06:16,810
You seemed to have
studied the report well.
140
00:06:16,844 --> 00:06:20,981
But, uh, what do
you see, Dr. Palmer?
141
00:06:21,014 --> 00:06:22,716
Well, the injuries
142
00:06:22,750 --> 00:06:25,553
and blood spatter
show that the victim was
143
00:06:25,586 --> 00:06:28,956
kneeling while the assailant
was standing for the fatal blow.
144
00:06:28,989 --> 00:06:32,092
Gentlemen, as we've established,
I know the report.
145
00:06:32,125 --> 00:06:34,127
I don't need it read back to me.
146
00:06:34,161 --> 00:06:36,497
You agree with
it, I understand.
147
00:06:36,530 --> 00:06:38,966
Ms. Shaeffer, the findings
148
00:06:38,999 --> 00:06:42,436
were correct, but, the, uh,
analysis is incomplete.
149
00:06:42,470 --> 00:06:46,440
Now that I see the decomposition
of the outer layers,
150
00:06:46,474 --> 00:06:47,908
I have a clearer picture.
151
00:06:47,941 --> 00:06:50,578
Clearer than
the prior M.E.
152
00:06:50,611 --> 00:06:52,846
You see,
the point of impact
153
00:06:52,880 --> 00:06:55,082
is the posterior left
and radiates
154
00:06:55,115 --> 00:06:57,084
down toward the temple.
155
00:06:57,117 --> 00:06:58,852
Now, this means
that the assailant
156
00:06:58,886 --> 00:07:00,954
had to be standing behind him.
157
00:07:00,988 --> 00:07:05,526
My colleague has just given you
a concurring second opinion.
158
00:07:05,559 --> 00:07:07,528
I don't understand.
159
00:07:07,561 --> 00:07:11,599
This injury-- it's the result
of a left-handed swing.
160
00:07:11,632 --> 00:07:14,535
The original M.E.
missed that fact.
161
00:07:14,568 --> 00:07:20,173
Ms. Shaeffer, dare we ask about
your client, Gabriel Hicks?
162
00:07:20,207 --> 00:07:22,576
He's right-handed.
163
00:07:23,977 --> 00:07:26,614
He's innocent.
164
00:07:37,758 --> 00:07:39,727
God, I love my life.
165
00:07:39,760 --> 00:07:41,529
What happened? Your
shirt get even tighter?
166
00:07:41,562 --> 00:07:45,633
I wish. No, Agent Sloane just,
uh, told me something, uh...
167
00:07:45,666 --> 00:07:47,234
It's made my day,
that's all.
168
00:07:48,702 --> 00:07:51,905
Well, what was it?
169
00:07:51,939 --> 00:07:54,608
Nah, I shouldn't say anything.
It's about you, Bishop,
170
00:07:54,642 --> 00:07:57,044
and it's kind of like, uh...
it's kind of embarrassing.
171
00:07:57,077 --> 00:07:58,746
What? Wait.
172
00:07:58,779 --> 00:08:00,648
You mean she was profiling me?
173
00:08:00,681 --> 00:08:01,915
What did she say?
174
00:08:01,949 --> 00:08:03,116
It was embarrassing?
175
00:08:03,150 --> 00:08:05,586
Embarrassing how?
176
00:08:05,619 --> 00:08:07,588
You really want me to say it
in front of McGee?
177
00:08:07,621 --> 00:08:09,089
(clears throat)
178
00:08:09,122 --> 00:08:10,791
Uh, these are the
O'Connell case files?
179
00:08:10,824 --> 00:08:12,893
Yeah, there were a lot more
than I expected.
180
00:08:12,926 --> 00:08:14,595
Makes sense.
181
00:08:14,628 --> 00:08:17,631
Agent Mason didn't input
his reports electronically.
182
00:08:17,665 --> 00:08:20,601
I can see why. The info is
so disorganized, I mean,
183
00:08:20,634 --> 00:08:22,703
it'd take forever to categorize.
TORRES: Damn it.
184
00:08:22,736 --> 00:08:25,606
I hate stacks
of paper.
185
00:08:25,639 --> 00:08:27,608
So, 11 years ago,
186
00:08:27,641 --> 00:08:30,611
Lieutenant Edward O'Connell
was abducted
187
00:08:30,644 --> 00:08:33,647
outside of his home in Virginia
by a man driving a blue van.
188
00:08:33,681 --> 00:08:37,651
O'Connell was forced to withdraw
$1,200 cash from his bank
189
00:08:37,685 --> 00:08:40,120
while the assailant waited
in the van in the parking lot.
190
00:08:40,153 --> 00:08:42,623
Come on.
A military guy like that?
191
00:08:42,656 --> 00:08:44,625
No way he'd get back in the van.
192
00:08:44,658 --> 00:08:45,959
He must've been
threatened somehow.
193
00:08:45,993 --> 00:08:47,661
O'Connell was murdered
in the forest.
194
00:08:47,695 --> 00:08:48,962
Body was found the next day.
195
00:08:48,996 --> 00:08:51,298
Fast forward a year.
196
00:08:51,331 --> 00:08:54,902
Gabriel Hicks was convicted
of robbery, kidnapping
197
00:08:54,935 --> 00:08:57,605
and first-degree murder.
Sentenced to death.
198
00:08:57,638 --> 00:08:59,172
Evidence?
199
00:08:59,206 --> 00:09:01,609
All circumstantial--
Hicks drove a blue van,
200
00:09:01,642 --> 00:09:03,944
and was found with
over $1,000 cash on him.
201
00:09:03,977 --> 00:09:05,946
He also gave a fake alibi.
202
00:09:05,979 --> 00:09:07,948
Said he was at his friend's
house at the time of the murder.
203
00:09:07,981 --> 00:09:09,583
Turns out, he was staying
204
00:09:09,617 --> 00:09:11,118
at a hunting cabin
near the crime scene.
205
00:09:11,151 --> 00:09:12,620
McGEE:
Several witnesses saw
206
00:09:12,653 --> 00:09:14,622
a blue van outside
the lieutenant's home
207
00:09:14,655 --> 00:09:16,023
before the abduction.
208
00:09:16,056 --> 00:09:18,058
Any of them see the driver?
209
00:09:18,091 --> 00:09:20,861
No, but a woman who sold fruit
in the bank parking lot
210
00:09:20,894 --> 00:09:23,063
was believed to have
gotten a close-up view.
211
00:09:23,096 --> 00:09:24,598
By the time
investigators realized
212
00:09:24,632 --> 00:09:25,799
she could know something,
213
00:09:25,833 --> 00:09:27,267
she couldn't be located.
214
00:09:27,300 --> 00:09:30,604
Agent Mason referred
to her as "Witness X."
215
00:09:30,638 --> 00:09:32,272
Torres, you have
anything to add?
216
00:09:32,305 --> 00:09:34,141
Crime scene photos.
217
00:09:34,174 --> 00:09:36,977
Let's go back to the forest
and see if we missed anything.
218
00:09:37,010 --> 00:09:38,746
FORNELL:
Course I remember it.
219
00:09:38,779 --> 00:09:40,914
I remember all the cases
I was point on.
220
00:09:40,948 --> 00:09:43,751
They're like
my ugly work babies.
221
00:09:43,784 --> 00:09:45,819
So you heard about the retrial?
222
00:09:45,853 --> 00:09:47,621
Yeah. Technicality.
223
00:09:47,655 --> 00:09:49,289
It's a real waste
of tax dollars.
224
00:09:49,322 --> 00:09:51,625
There's no way this jury is
gonna find anything different.
225
00:09:51,659 --> 00:09:53,794
The guy did it,
no question.
226
00:09:53,827 --> 00:09:55,829
Yeah. Mason thought that, too.
227
00:09:55,863 --> 00:09:57,698
It's more than a thought, Gibbs.
228
00:09:59,166 --> 00:10:01,001
Hicks is as guilty as they come.
229
00:10:01,034 --> 00:10:02,636
Why are we talking about this?
230
00:10:02,670 --> 00:10:05,806
Yeah. Maybe he's not.
231
00:10:05,839 --> 00:10:08,241
Ducky says
that the killer
232
00:10:08,275 --> 00:10:09,777
was left-handed.
233
00:10:09,810 --> 00:10:11,344
Hicks is right-handed.
234
00:10:11,378 --> 00:10:12,913
Come on.
235
00:10:12,946 --> 00:10:14,181
A million things
could've happened
236
00:10:14,214 --> 00:10:15,749
to make the guy swing lefty.
237
00:10:15,783 --> 00:10:19,252
Victim was bound and kneeling.
238
00:10:19,286 --> 00:10:21,689
Why swing with your off hand?
239
00:10:21,722 --> 00:10:24,191
I don't know. Ask Hicks.
240
00:10:24,224 --> 00:10:26,193
I took another look
at all the evidence.
241
00:10:26,226 --> 00:10:28,662
Everything you had
was circumstantial.
242
00:10:28,696 --> 00:10:31,031
The guy lied to my face
about where he was that night.
243
00:10:31,064 --> 00:10:32,833
And did you get a look
at his priors?
244
00:10:32,866 --> 00:10:34,367
One prior.
Yeah.
245
00:10:34,401 --> 00:10:36,737
Armed robbery.
246
00:10:36,770 --> 00:10:40,808
Look, did we have this
thing gift-wrapped? No.
247
00:10:40,841 --> 00:10:43,043
It was messy as hell,
but it was enough.
248
00:10:43,076 --> 00:10:46,446
Gibbs, I'm telling you,
249
00:10:46,479 --> 00:10:49,983
Hicks is guilty, 100%.
250
00:10:51,752 --> 00:10:54,054
All right. Good to know. Thanks
for keeping me in the loop.
251
00:10:55,789 --> 00:10:58,291
According to the M.E.
in San Diego,
252
00:10:58,325 --> 00:11:00,761
Sloane profiled everyone
in their office.
253
00:11:00,794 --> 00:11:02,295
No.
Yeah.
254
00:11:02,329 --> 00:11:06,433
Apparently, she had a-a big
wooden cabinet full of files,
255
00:11:06,466 --> 00:11:08,401
kept it locked
all the time.
256
00:11:08,435 --> 00:11:09,970
No way, man.
I was just in her office.
257
00:11:10,003 --> 00:11:11,772
There was not one cabinet there.
258
00:11:11,805 --> 00:11:15,743
I don't know-- she's already
started in on you and Bishop.
259
00:11:15,776 --> 00:11:19,813
Okay, so I...
I got a confession to make.
260
00:11:19,847 --> 00:11:22,716
Uh, Sloane was not asking
anything about Bishop.
261
00:11:22,750 --> 00:11:24,785
Uh, I made the whole thing up.
262
00:11:24,818 --> 00:11:26,820
What, to take the heat
off your pedicures?
263
00:11:26,854 --> 00:11:29,156
No, man, just 'cause
it drives Bishop crazy.
264
00:11:29,189 --> 00:11:31,825
She keeps asking me, "Oh,
what did Sloane say about me?"
265
00:11:31,859 --> 00:11:33,827
What do you think I should say,
something about her feet?
266
00:11:33,861 --> 00:11:36,129
Or something else?
(chuckles)
I don't know,
267
00:11:36,163 --> 00:11:39,132
but GPS says the body was found
in this general location.
268
00:11:39,166 --> 00:11:41,268
Well, it looks like the tree.
269
00:11:41,301 --> 00:11:44,004
The sign is there,
but...
270
00:11:44,037 --> 00:11:45,839
something's different.
271
00:11:45,873 --> 00:11:48,241
11 years later,
the bark's grown over it.
272
00:11:48,275 --> 00:11:50,778
Wow. Mother Nature
kicks ass.
273
00:11:52,312 --> 00:11:54,314
McGEE: Huh, looks like
something's under there.
274
00:11:59,519 --> 00:12:00,988
Look at that.
275
00:12:01,021 --> 00:12:03,056
It's Lieutenant
O'Connell's license.
276
00:12:03,090 --> 00:12:05,392
You think it's been
there the whole time?
277
00:12:05,425 --> 00:12:07,895
Well, the only reason we
found it is 'cause the sign
278
00:12:07,928 --> 00:12:09,863
was pushed forward
from the tree.
279
00:12:09,897 --> 00:12:12,332
ABBY: What was the victim's
license doing there?
280
00:12:12,365 --> 00:12:14,501
I mean, and how the
heck did it end up
281
00:12:14,534 --> 00:12:17,204
behind that sign
in the first place?
282
00:12:17,237 --> 00:12:20,908
Sounds like a question
with a very Abby answer to it.
283
00:12:20,941 --> 00:12:23,176
There are no answers
coming to me.
284
00:12:23,210 --> 00:12:24,244
(computer beeps)
285
00:12:24,277 --> 00:12:26,346
There's an answer coming to me.
286
00:12:26,379 --> 00:12:28,215
Blood on the license?
287
00:12:28,248 --> 00:12:31,451
Well, it's degraded,
due to years of exposure,
288
00:12:31,484 --> 00:12:34,187
but all we needed was
one viable sample to confirm.
289
00:12:34,221 --> 00:12:37,457
And, yup, it belonged
to Lieutenant O'Connell.
290
00:12:37,490 --> 00:12:40,093
Bummer for us,
the killer didn't leave any DNA,
291
00:12:40,127 --> 00:12:41,962
and we still don't know
how the heck
292
00:12:41,995 --> 00:12:44,564
the license got behind the sign
in the first place.
293
00:12:44,597 --> 00:12:45,833
The killer.
294
00:12:48,068 --> 00:12:50,437
What?
Uh, the killer put it there.
295
00:12:50,470 --> 00:12:52,572
What do you mean?
Well, I've been
searching ViCAP
296
00:12:52,605 --> 00:12:54,274
with relevant keywords
and parameters,
297
00:12:54,307 --> 00:12:56,209
and I just found a commonality
298
00:12:56,243 --> 00:12:59,312
with four unsolved murders
in the D.C. area.
299
00:12:59,346 --> 00:13:02,382
And those cases
are linked to ours how?
300
00:13:04,217 --> 00:13:06,887
The victim's license
was discovered
301
00:13:06,920 --> 00:13:08,922
hidden at each of
the crime scenes,
302
00:13:08,956 --> 00:13:11,992
and always with
a smear of blood over the face.
303
00:13:12,025 --> 00:13:15,362
So the license
was a calling card.
304
00:13:15,395 --> 00:13:17,865
Whoever murdered
Lieutenant O'Connell
305
00:13:17,898 --> 00:13:19,900
was a serial killer.
306
00:13:28,976 --> 00:13:30,343
FORNELL:
Gabriel Hicks.
307
00:13:30,377 --> 00:13:32,479
I always knew he was
a lying son of a bitch,
308
00:13:32,512 --> 00:13:34,948
but he's worse than
I gave him credit for.
309
00:13:34,982 --> 00:13:37,150
Serial killer
never entered my mind.
310
00:13:37,184 --> 00:13:38,986
VANCE: Well, let's
shake off the hit.
311
00:13:39,019 --> 00:13:40,854
Trial will be over
in a matter of days.
312
00:13:40,888 --> 00:13:42,122
We need to act now,
313
00:13:42,155 --> 00:13:44,024
so let's direct our efforts
and make a plan.
314
00:13:44,057 --> 00:13:46,626
So, we put the O'Connell case
on the back burner
315
00:13:46,659 --> 00:13:50,964
and focus on connecting Hicks
to the other four murders.
316
00:13:50,998 --> 00:13:53,433
That's not the plan
we had in mind, Tobias.
317
00:13:53,466 --> 00:13:55,869
Not the plan?
318
00:13:55,903 --> 00:13:57,604
That's the only plan.
319
00:13:57,637 --> 00:13:59,439
If that lawyer
talks the jury
320
00:13:59,472 --> 00:14:00,974
out of the truth,
Hicks will walk.
321
00:14:01,008 --> 00:14:02,976
We've decided
to take a second look
322
00:14:03,010 --> 00:14:05,478
at the O'Connell case,
with an open mind.
323
00:14:05,512 --> 00:14:07,314
You're kidding me.
324
00:14:07,347 --> 00:14:09,582
We're taking another whack
at Witness X.
325
00:14:09,616 --> 00:14:10,984
The fruit lady?
326
00:14:11,018 --> 00:14:13,320
(chuckles)
Oh, God, please...
327
00:14:13,353 --> 00:14:14,888
tell me I'm being punked.
328
00:14:14,922 --> 00:14:16,957
We know that she was
in the bank parking lot.
329
00:14:16,990 --> 00:14:20,427
She could be key in I.D.'ing or
confirming O'Connell's killer.
330
00:14:20,460 --> 00:14:22,395
Even if you track her down,
331
00:14:22,429 --> 00:14:24,497
you think she's gonna
remember some guy in a van
332
00:14:24,531 --> 00:14:26,599
from 11 years ago?
It's a long shot,
333
00:14:26,633 --> 00:14:28,401
I agree, but the evidence
we have against Hicks
334
00:14:28,435 --> 00:14:29,636
is all circumstantial.
335
00:14:29,669 --> 00:14:33,606
Which is why we have to look
at him for the other murders.
336
00:14:33,640 --> 00:14:35,408
But he was never a suspect
in the other murders,
337
00:14:35,442 --> 00:14:36,910
and Dr. Mallard
believes that the...
338
00:14:36,944 --> 00:14:38,611
Yeah, that the killer's
left-handed. Right.
339
00:14:38,645 --> 00:14:40,447
I got it. Come on.
340
00:14:40,480 --> 00:14:41,982
Gibbs, help me out here.
341
00:14:42,015 --> 00:14:43,416
You want a bottom line?
342
00:14:43,450 --> 00:14:45,585
This lawyer can make
a pretty good case.
343
00:14:45,618 --> 00:14:46,619
Listen to me.
344
00:14:46,653 --> 00:14:49,556
The murders stopped
after Hicks was locked up.
345
00:14:49,589 --> 00:14:51,358
Maybe, or maybe they haven't
been linked with the other ones.
346
00:14:51,391 --> 00:14:52,592
Oh, you're a "maybe"
kind of guy now?
347
00:14:52,625 --> 00:14:53,693
Maybe I am.
Maybe I'm just trying
348
00:14:53,726 --> 00:14:55,262
to figure this out, same as you!
349
00:14:55,295 --> 00:14:57,197
Well, you're talking
like a guy who's...
350
00:14:57,230 --> 00:14:58,698
Gentlemen, gentlemen,
might I remind you
351
00:14:58,731 --> 00:15:00,533
it's this healthy
type of disagreement
352
00:15:00,567 --> 00:15:03,470
that is the beauty of
a joint investigation.
353
00:15:05,138 --> 00:15:06,506
Right.
354
00:15:06,539 --> 00:15:08,541
Well...
355
00:15:08,575 --> 00:15:10,543
while you guys are
going down a rabbit hole,
356
00:15:10,577 --> 00:15:14,982
I'm gonna focus on
getting a slam dunk on Hicks.
357
00:15:16,549 --> 00:15:18,618
We'll keep you in the loop;
you'll do the same.
358
00:15:18,651 --> 00:15:20,420
Yeah, yeah!
359
00:15:20,453 --> 00:15:22,589
SLOANE:
He is...
360
00:15:22,622 --> 00:15:24,257
educated.
361
00:15:24,291 --> 00:15:26,259
He's accustomed
to the use
362
00:15:26,293 --> 00:15:28,028
of a pen.
363
00:15:28,061 --> 00:15:29,462
1894.
364
00:15:29,496 --> 00:15:30,563
Arthur Conan Doyle,
365
00:15:30,597 --> 00:15:32,732
profile of Jack the Ripper.
366
00:15:32,765 --> 00:15:34,634
Yes! You got it
367
00:15:34,667 --> 00:15:36,136
in three characteristics!
368
00:15:36,169 --> 00:15:37,537
You're like
a machine, Ducky.
369
00:15:37,570 --> 00:15:39,639
Yeah, my turn.
What is this?
370
00:15:39,672 --> 00:15:41,741
They're playing
Name That Profile.
371
00:15:41,774 --> 00:15:44,411
I don't know how to interrupt
without getting analyzed.
372
00:15:44,444 --> 00:15:45,378
Hey!
373
00:15:45,412 --> 00:15:46,746
We're standing here.
374
00:15:46,779 --> 00:15:48,615
Uh, yeah.
Yes, you are. Hi.
375
00:15:48,648 --> 00:15:50,650
DUCKY:
I'm sorry, Jethro,
376
00:15:50,683 --> 00:15:52,119
but Jack here is quite a kick.
377
00:15:52,152 --> 00:15:54,054
Yeah, ain't she great?
378
00:15:54,087 --> 00:15:56,189
What do you got?
379
00:15:56,223 --> 00:15:57,524
DUCKY:
Um, I'm building a picture
380
00:15:57,557 --> 00:15:58,691
of our serial killer.
381
00:15:58,725 --> 00:16:00,727
We're looking
for someone with
382
00:16:00,760 --> 00:16:03,563
antisocial personality disorder.
383
00:16:03,596 --> 00:16:05,732
Psychopath.
Indeed.
384
00:16:05,765 --> 00:16:08,601
As to his victims--
well, they're all male
385
00:16:08,635 --> 00:16:11,204
and notably strong,
386
00:16:11,238 --> 00:16:13,740
which suggests he may be
trying to prove something.
387
00:16:13,773 --> 00:16:15,675
McGEE:
What about the money?
388
00:16:15,708 --> 00:16:18,345
Lieutenant O'Connell
was forced to make a withdrawal.
389
00:16:18,378 --> 00:16:20,713
Yes, well, theft is involved
in all five cases,
390
00:16:20,747 --> 00:16:23,083
likely to support
his habit.
391
00:16:23,116 --> 00:16:26,419
Robbery is his work,
but murder is his pleasure.
392
00:16:26,453 --> 00:16:30,157
And what were you doing while
Ducky was doing all the work?
393
00:16:30,190 --> 00:16:31,658
Hmm.
394
00:16:31,691 --> 00:16:34,261
I was collecting stats
on Jessica Shaeffer.
395
00:16:34,294 --> 00:16:34,961
Hmm.
396
00:16:34,994 --> 00:16:36,629
What, you profiled the lawyer?
397
00:16:36,663 --> 00:16:40,033
I found an in and
made a new friend.
398
00:16:40,067 --> 00:16:42,069
By faking more car trouble?
399
00:16:42,102 --> 00:16:43,736
Actually, I bought her lunch.
400
00:16:43,770 --> 00:16:46,806
Her website bio said she'd
moved here from out of state.
401
00:16:46,839 --> 00:16:49,676
I told her how hard
my own move was.
402
00:16:49,709 --> 00:16:51,178
She empathized.
403
00:16:51,211 --> 00:16:53,046
She's actually
a really nice person.
404
00:16:54,381 --> 00:16:56,116
She became
a public defender
405
00:16:56,149 --> 00:16:57,517
because of her uncle.
406
00:16:57,550 --> 00:17:00,120
He was wrongly convicted
and died in prison.
407
00:17:00,153 --> 00:17:02,722
So she truly believes
that Hicks is innocent?
408
00:17:02,755 --> 00:17:04,424
Are we done talking?
409
00:17:04,457 --> 00:17:05,658
Yup.
410
00:17:05,692 --> 00:17:09,329
My new friend invited me down
to meet Hicks during recess.
411
00:17:09,362 --> 00:17:11,664
Actually, Hicks requested it.
412
00:17:11,698 --> 00:17:14,834
He, uh, wants to show us
he has nothing to hi...
413
00:17:14,867 --> 00:17:16,669
Really?
414
00:17:16,703 --> 00:17:18,471
Oh, yeah. I'm
going with you.
415
00:17:18,505 --> 00:17:20,173
Okay.
416
00:17:20,207 --> 00:17:22,175
Oh, great!
My file cabinet.
417
00:17:22,209 --> 00:17:23,810
Thanks so much.
418
00:17:23,843 --> 00:17:25,812
You can just put it anywhere
over there, all right?
419
00:17:25,845 --> 00:17:29,149
Oh, that's a unique
piece of furniture.
420
00:17:29,182 --> 00:17:31,784
Till we meet again, sir.
421
00:17:31,818 --> 00:17:33,820
TORRES: You mean the cabinet
from San Diego?
422
00:17:33,853 --> 00:17:36,289
It's in her office now?
She had it shipped.
423
00:17:36,323 --> 00:17:38,491
ABBY: That doesn't
mean anything, you guys.
424
00:17:38,525 --> 00:17:40,327
I asked Sloane about this.
425
00:17:40,360 --> 00:17:42,529
She said she doesn't profile
people in her spare time.
426
00:17:42,562 --> 00:17:44,531
Okay, and you believe her?
427
00:17:44,564 --> 00:17:46,533
Why wouldn't I?
She's my friend.
428
00:17:46,566 --> 00:17:49,136
(phone ringing)
429
00:17:49,169 --> 00:17:50,069
McGEE:
Guys, I'm telling you,
430
00:17:50,103 --> 00:17:51,538
this is just what Sloane
wants us to think.
431
00:17:51,571 --> 00:17:52,805
She became "friends"
432
00:17:52,839 --> 00:17:55,375
with that lawyer
just to profile her.
433
00:17:55,408 --> 00:17:56,543
Mm-hmm. Well, did Torres
tell you what she said
434
00:17:56,576 --> 00:17:58,145
about me? She said
I'm the type
435
00:17:58,178 --> 00:17:59,846
to have feet
like a werewolf.
436
00:17:59,879 --> 00:18:02,415
I mean, why would she say
that? It's not even true.
437
00:18:02,449 --> 00:18:03,816
I'll take off my shoes
right now and show you.
438
00:18:03,850 --> 00:18:06,853
Um... actually, uh,
Sloane didn't...
439
00:18:06,886 --> 00:18:09,189
Uh, you know what, uh, Bishop,
we should show McGee
440
00:18:09,222 --> 00:18:11,324
what we've been working on.
There's so many files.
441
00:18:11,358 --> 00:18:12,659
BISHOP:
Yeah, these are from
442
00:18:12,692 --> 00:18:13,793
the other four murder cases.
443
00:18:13,826 --> 00:18:15,262
Suspects?
444
00:18:15,295 --> 00:18:16,896
Uh, there are
about 20, at least.
445
00:18:16,929 --> 00:18:19,532
Authorities were never able
to narrow down the list.
446
00:18:19,566 --> 00:18:21,368
BISHOP: Hard evidence
was just as nonexistent
447
00:18:21,401 --> 00:18:22,802
as it was in
the O'Connell case.
448
00:18:22,835 --> 00:18:25,705
Got something.
449
00:18:25,738 --> 00:18:28,841
So, the FBI collected these bags
a few days after the murder.
450
00:18:28,875 --> 00:18:30,877
They were turned over
by bank customers
451
00:18:30,910 --> 00:18:33,413
who bought fruit in them
from our Witness X.
452
00:18:33,446 --> 00:18:35,915
FBI couldn't pull her DNA
or fingerprints?
453
00:18:35,948 --> 00:18:37,917
No, but there were
unknown particles
454
00:18:37,950 --> 00:18:40,553
on the outside
of two of the three bags.
455
00:18:40,587 --> 00:18:41,554
What was it?
456
00:18:41,588 --> 00:18:43,223
The particles were too small
457
00:18:43,256 --> 00:18:44,724
for their mass spectrometer
to analyze.
458
00:18:44,757 --> 00:18:46,259
Should've given them to you.
459
00:18:46,293 --> 00:18:47,427
They did.
460
00:18:47,460 --> 00:18:50,430
And Ye Olde Major Mass Spec
461
00:18:50,463 --> 00:18:52,532
gave me the same bad news
back then.
462
00:18:52,565 --> 00:18:54,434
Ye Olde Major Mass Spec?
463
00:18:54,467 --> 00:18:56,369
Yeah, this was
11 years ago.
464
00:18:56,403 --> 00:18:59,639
He's had many
upgrades since then.
465
00:18:59,672 --> 00:19:02,209
He's like a whole new man.
466
00:19:02,242 --> 00:19:03,476
I'm...
467
00:19:03,510 --> 00:19:04,811
so proud of him.
468
00:19:04,844 --> 00:19:07,514
You retested the particles
and got a hit.
469
00:19:07,547 --> 00:19:08,648
I did.
470
00:19:08,681 --> 00:19:11,551
It's a clear
rust protectant
471
00:19:11,584 --> 00:19:13,620
that's made for farm equipment.
472
00:19:13,653 --> 00:19:14,521
That's pretty specialized.
473
00:19:14,554 --> 00:19:16,189
ABBY: Yeah, there's
only three stores
474
00:19:16,223 --> 00:19:17,624
in the area that carry it.
475
00:19:17,657 --> 00:19:21,361
Two of them were not
in business 11 years ago.
476
00:19:21,394 --> 00:19:22,829
So I just got off the
phone with the third.
477
00:19:22,862 --> 00:19:25,765
It's a paint store
that's been open for 40 years.
478
00:19:25,798 --> 00:19:27,467
So we're thinking
our fruit lady
479
00:19:27,500 --> 00:19:29,336
got her bags from
a paint store?
480
00:19:29,369 --> 00:19:30,670
Well, there's only one way
to find out.
481
00:19:30,703 --> 00:19:32,372
I'm on it.
482
00:19:32,405 --> 00:19:34,241
All that paperwork
is killing me.
483
00:19:34,274 --> 00:19:36,276
I'll text you the address!
484
00:19:37,677 --> 00:19:39,379
Thanks so much
for talking to us.
485
00:19:39,412 --> 00:19:41,381
I know you're
in the midst of a trial.
486
00:19:41,414 --> 00:19:42,582
We won't keep you long.
487
00:19:42,615 --> 00:19:44,717
Thank you for coming.
488
00:19:44,751 --> 00:19:46,486
You get to
a point where
489
00:19:46,519 --> 00:19:47,987
having someone want
to hear you out--
490
00:19:48,020 --> 00:19:49,556
it means everything.
491
00:19:49,589 --> 00:19:51,391
Where would you
like him to start?
492
00:19:51,424 --> 00:19:53,726
Actually, I'd like
to hear whatever
493
00:19:53,760 --> 00:19:55,762
Gabriel would
like us to know.
494
00:19:58,698 --> 00:20:02,269
I-I don't know. Um...
495
00:20:02,302 --> 00:20:06,239
I-I guess that I'm not
what people think I am.
496
00:20:06,273 --> 00:20:08,875
And what do people
think you are?
497
00:20:08,908 --> 00:20:10,810
A liar.
498
00:20:10,843 --> 00:20:13,713
They think I lied
about where I was that night.
499
00:20:13,746 --> 00:20:15,382
I got my days mixed up.
500
00:20:15,415 --> 00:20:16,816
I was scared.
501
00:20:16,849 --> 00:20:20,353
The FBI was questioning
me, and I...
502
00:20:20,387 --> 00:20:22,355
And you had a record.
503
00:20:22,389 --> 00:20:24,424
Yeah.
504
00:20:24,457 --> 00:20:26,726
Armed robbery. I was a
stupid kid with a knife
505
00:20:26,759 --> 00:20:28,361
trying to steal
some beers.
506
00:20:28,395 --> 00:20:31,298
I know how
that sounds.
507
00:20:31,331 --> 00:20:34,934
So, Gabriel, why do you think
you were convicted?
508
00:20:34,967 --> 00:20:38,271
For the longest time, the only
thing that made sense in my head
509
00:20:38,305 --> 00:20:40,740
was that I was framed.
510
00:20:40,773 --> 00:20:42,575
After I was convicted,
I-I heard about
511
00:20:42,609 --> 00:20:44,411
Agent Mason getting
a promotion.
512
00:20:44,444 --> 00:20:46,913
I thought that maybe
he had moved the body
513
00:20:46,946 --> 00:20:49,816
closer to where
I was staying, or...
514
00:20:49,849 --> 00:20:51,818
changed the description
of the car
515
00:20:51,851 --> 00:20:53,653
in order to make me look guilty.
516
00:20:53,686 --> 00:20:56,323
What about now?
517
00:20:56,356 --> 00:20:59,659
I trust Jessica
with my life.
518
00:20:59,692 --> 00:21:01,861
She didn't find any
evidence that I was framed.
519
00:21:01,894 --> 00:21:04,731
So... the only
answer left
520
00:21:04,764 --> 00:21:07,667
is that I was in the wrong
place at the wrong time.
521
00:21:07,700 --> 00:21:09,802
A coincidence.
522
00:21:09,836 --> 00:21:11,871
Some people don't
believe in such things.
523
00:21:11,904 --> 00:21:13,806
(sighs) I wish
they were right.
524
00:21:13,840 --> 00:21:16,709
I'd be on the outside eating
ice cream right about now.
525
00:21:16,743 --> 00:21:20,313
Ah, that's what you'd do
if you were out, eat ice cream?
526
00:21:20,347 --> 00:21:22,682
No, I...
527
00:21:22,715 --> 00:21:24,684
I don't know why
I said that.
528
00:21:24,717 --> 00:21:27,487
When I was a kid,
529
00:21:27,520 --> 00:21:29,589
playing Little League,
we'd lose,
530
00:21:29,622 --> 00:21:32,024
and it felt like
the end of the world.
531
00:21:32,058 --> 00:21:35,762
So my dad, he'd take me
out for ice cream.
532
00:21:35,795 --> 00:21:40,433
He'd order two scoops
of vanilla, and...
533
00:21:40,467 --> 00:21:42,769
the world was right again,
you know?
534
00:21:42,802 --> 00:21:45,004
He died last year.
535
00:21:45,037 --> 00:21:47,774
And they wouldn't let
me out for the funeral.
536
00:21:47,807 --> 00:21:51,744
Jessica and hope.
537
00:21:51,778 --> 00:21:54,947
That's all I got left in here.
538
00:21:54,981 --> 00:21:57,784
Thank you.
539
00:21:57,817 --> 00:21:59,652
So, what do you think?
540
00:21:59,686 --> 00:22:02,455
Well, no analysis
could be conclusive
541
00:22:02,489 --> 00:22:05,091
after 30 minutes, but
I didn't see anything
542
00:22:05,124 --> 00:22:07,760
to suggest psychopathic
tendencies.
543
00:22:07,794 --> 00:22:09,829
And?
544
00:22:09,862 --> 00:22:11,531
And what?
545
00:22:11,564 --> 00:22:13,833
And what about that gut
of yours?
546
00:22:13,866 --> 00:22:15,468
Huh?
547
00:22:15,502 --> 00:22:18,104
Oh, yeah. That's right, cowboy.
548
00:22:18,137 --> 00:22:20,373
Your gut is so famous,
549
00:22:20,407 --> 00:22:22,775
people bow down to it
all the way to California.
550
00:22:22,809 --> 00:22:24,444
(chuckles) Right.
551
00:22:24,477 --> 00:22:26,879
Come on, lay it on me.
Give me some of that gut stuff.
552
00:22:26,913 --> 00:22:29,682
Tiny bit.
553
00:22:29,716 --> 00:22:31,651
MAN: These the bags
you're talking about?
554
00:22:31,684 --> 00:22:32,585
Yes, sir.
555
00:22:32,619 --> 00:22:34,153
Been using the same ones
since the beginning.
556
00:22:34,186 --> 00:22:35,688
Lot of people now,
557
00:22:35,722 --> 00:22:36,956
they carry their stuff out
with their bare hands
558
00:22:36,989 --> 00:22:38,691
'cause of landfills
and whatnot.
559
00:22:38,725 --> 00:22:39,692
Mr. Rydell...
560
00:22:39,726 --> 00:22:41,994
Pop. Everyone calls me Pop.
561
00:22:42,028 --> 00:22:43,763
All right, Pop.
562
00:22:43,796 --> 00:22:46,733
Uh, I know it's a long shot,
but I need to ask you
563
00:22:46,766 --> 00:22:49,636
about someone
from about 11 years ago.
564
00:22:49,669 --> 00:22:51,938
If I don't remember it,
it didn't happen.
565
00:22:51,971 --> 00:22:53,773
That's how sharp my mind is.
566
00:22:53,806 --> 00:22:55,808
All right, well, she, uh...
567
00:22:55,842 --> 00:22:57,176
she used to sell fruit
568
00:22:57,209 --> 00:22:59,045
around that time,
and she might have
569
00:22:59,078 --> 00:23:01,714
put it in bags
like these from your store.
570
00:23:01,748 --> 00:23:04,183
Sure, I know
who you're talking about.
571
00:23:04,216 --> 00:23:05,818
You do?
My employee.
572
00:23:05,852 --> 00:23:07,720
He used to take home
a stack of bags
573
00:23:07,754 --> 00:23:09,622
now and then to his aunt,
who sold fruit.
574
00:23:09,656 --> 00:23:11,190
All right. What's his name?
575
00:23:11,223 --> 00:23:12,659
I'll do you one better.
576
00:23:12,692 --> 00:23:14,961
You can talk to
him yourself. Ray!
577
00:23:14,994 --> 00:23:16,729
Name's Raymond.
578
00:23:16,763 --> 00:23:18,631
Been working for me
since he was a kid.
579
00:23:18,665 --> 00:23:19,732
Ah.
580
00:23:19,766 --> 00:23:20,900
What you need, Pop?
581
00:23:20,933 --> 00:23:21,901
Hey, Raymond.
582
00:23:21,934 --> 00:23:23,570
Special Agent Nick Torres.
583
00:23:23,603 --> 00:23:24,937
NCIS.
584
00:23:24,971 --> 00:23:26,806
I need to talk to you
about your aunt.
585
00:23:26,839 --> 00:23:28,575
My aunt?
586
00:23:28,608 --> 00:23:29,976
The one you used
to bring the bags for.
587
00:23:30,009 --> 00:23:30,943
R-Ray?
588
00:23:32,712 --> 00:23:34,647
(dog barking in distance)
589
00:23:41,988 --> 00:23:43,523
(chuckles)
590
00:23:43,556 --> 00:23:44,557
Okay.
591
00:23:56,603 --> 00:23:57,637
Night night.
592
00:23:58,971 --> 00:24:00,573
Night night.
593
00:24:00,607 --> 00:24:02,775
(siren approaching)
594
00:24:15,755 --> 00:24:18,591
(door closes)
595
00:24:18,625 --> 00:24:19,258
This guy's aunt
596
00:24:19,291 --> 00:24:20,960
is Witness X.
597
00:24:20,993 --> 00:24:22,495
The fruit lady?
598
00:24:22,529 --> 00:24:23,496
Yep.
599
00:24:23,530 --> 00:24:25,164
VANCE:
Does Agent Torres
600
00:24:25,197 --> 00:24:26,866
plan on asking him a question?
601
00:24:26,899 --> 00:24:28,635
Probably.
602
00:24:28,668 --> 00:24:31,938
It's possible his aunt
could I.D. our killer.
603
00:24:31,971 --> 00:24:32,872
Yes.
604
00:24:32,905 --> 00:24:34,206
Don't you think that warrants
605
00:24:34,240 --> 00:24:36,509
you being in the room?
No.
606
00:24:36,543 --> 00:24:39,646
They swung at each other
and connected.
607
00:24:39,679 --> 00:24:41,948
They got a history now.
608
00:24:41,981 --> 00:24:43,750
Torres needs to use that.
609
00:24:43,783 --> 00:24:46,185
I told him
to take a page from Sloane.
610
00:24:46,218 --> 00:24:48,588
Ah, find an in.
611
00:24:48,621 --> 00:24:50,523
TORRES: You got quite
a hook there, man.
612
00:24:52,792 --> 00:24:56,028
Look, man, I don't want
to be here any more than you do.
613
00:24:56,062 --> 00:24:57,964
I got a boss.
614
00:24:57,997 --> 00:25:00,099
He's an old dude, like yours.
615
00:25:00,132 --> 00:25:02,735
He's gonna make me stay here
two hours plus,
616
00:25:02,769 --> 00:25:06,606
minimum, whether
you're talking or not.
617
00:25:06,639 --> 00:25:08,575
Hey, you box, right?
618
00:25:08,608 --> 00:25:10,743
I mean, you have to
with a swing like that.
619
00:25:10,777 --> 00:25:13,613
'Cause this hurt.
620
00:25:13,646 --> 00:25:16,549
(exhales)
Come on, man.
621
00:25:16,583 --> 00:25:19,251
I'm just trying
to pass the time here.
622
00:25:19,285 --> 00:25:21,621
A place over on Maple.
623
00:25:21,654 --> 00:25:22,955
Maple and Third?
624
00:25:22,989 --> 00:25:24,290
Freddie's Gym.
625
00:25:24,323 --> 00:25:28,060
Ah, I went there
a couple times.
626
00:25:28,094 --> 00:25:31,097
You know, Freddie doesn't let
just anybody in there.
627
00:25:31,130 --> 00:25:33,165
You got to be good peoples.
628
00:25:33,199 --> 00:25:37,269
And if Pop has kept you around
since you were a kid, well...
629
00:25:37,303 --> 00:25:40,673
he must think you're all right.
630
00:25:40,707 --> 00:25:43,042
I trust Pop and Freddie.
631
00:25:43,075 --> 00:25:44,811
Yo, Ray,
just talk to me
632
00:25:44,844 --> 00:25:48,781
about your aunt so the both of
us can get the hell out of here.
633
00:25:50,850 --> 00:25:52,719
Okay.
634
00:25:52,752 --> 00:25:54,320
Okay, I cash the checks.
635
00:25:54,353 --> 00:25:55,688
Checks?
636
00:25:55,722 --> 00:25:57,089
You know what
I'm talking about.
637
00:25:57,123 --> 00:25:58,591
My aunt's checks.
638
00:25:58,625 --> 00:26:00,593
One of her customers left...
639
00:26:00,627 --> 00:26:03,095
her some money in his will.
640
00:26:03,129 --> 00:26:05,598
Checks started coming
after she moved away.
641
00:26:05,632 --> 00:26:06,766
Where'd she move to?
642
00:26:06,799 --> 00:26:08,701
Look, I needed
the money, man.
643
00:26:08,735 --> 00:26:11,203
Pops is still paying me
like it's 1950.
644
00:26:11,237 --> 00:26:12,772
I don't care
about the checks, man.
645
00:26:12,805 --> 00:26:15,274
I just need to know
where your aunt is.
646
00:26:15,307 --> 00:26:18,010
I don't know. I thought
she was suing me or something.
647
00:26:18,044 --> 00:26:19,111
She didn't send you?
648
00:26:19,145 --> 00:26:21,748
What's her name?
649
00:26:21,781 --> 00:26:23,683
Mary Smith!
650
00:26:23,716 --> 00:26:26,052
That was Gibbs on the phone.
I need all hands on deck.
651
00:26:26,085 --> 00:26:27,353
Witness X
652
00:26:27,386 --> 00:26:29,121
is Mary Smith.
653
00:26:29,155 --> 00:26:30,389
Oh, could she have
a more common name?
654
00:26:30,422 --> 00:26:33,025
We also know
that she has annuity checks
655
00:26:33,059 --> 00:26:35,061
from Dawson Mutual
656
00:26:35,094 --> 00:26:38,731
coming to the home address
of her nephew, Raymond Smith.
657
00:26:38,765 --> 00:26:41,233
Well, still, she might
as well be Jane Doe.
658
00:26:41,267 --> 00:26:43,035
Okay, guys, less complaining
and more finding her.
659
00:26:43,069 --> 00:26:44,704
Thought you'd all want to know--
660
00:26:44,737 --> 00:26:47,206
Sloane's cabinet?
Definitely locked.
661
00:26:47,239 --> 00:26:49,709
I just helped her move it
to the other side of her office.
662
00:26:49,742 --> 00:26:51,844
Hey, did she say anything about
my feet when you were up there?
663
00:26:51,878 --> 00:26:53,312
Hmm?
664
00:26:53,345 --> 00:26:55,948
Uh, Bishop, Sloane never said
anything about you at all.
665
00:26:55,982 --> 00:26:58,117
Torres made up the whole thing
about the werewolf feet.
666
00:26:58,150 --> 00:26:59,819
What? Why?
667
00:26:59,852 --> 00:27:01,754
Well, because he likes
to drive you crazy.
668
00:27:01,788 --> 00:27:02,722
Rude.
669
00:27:02,755 --> 00:27:03,856
ABBY:
Okay, guys.
670
00:27:03,890 --> 00:27:04,757
I got a middle name.
671
00:27:04,791 --> 00:27:07,426
I found it on one of
the annuity documents.
672
00:27:07,459 --> 00:27:10,229
Mary Elaine Smith.
673
00:27:10,262 --> 00:27:11,864
I'm gonna search DMV.
674
00:27:11,898 --> 00:27:13,966
I've got government programs.
Banks and credit cards.
675
00:27:14,000 --> 00:27:15,201
I'll hop
on the autopsy computer,
676
00:27:15,234 --> 00:27:16,235
check for death certificates.
677
00:27:16,268 --> 00:27:17,870
All right, guys, we can do this.
678
00:27:17,904 --> 00:27:20,039
Let's find a current address.
679
00:27:20,072 --> 00:27:22,308
MAN:
Mr. Hicks, it's your testimony
680
00:27:22,341 --> 00:27:26,045
that on the evening
of August 24, 2006,
681
00:27:26,078 --> 00:27:28,314
you were staying at
the Richardson's hunting cabin
682
00:27:28,347 --> 00:27:30,016
to write?
683
00:27:30,049 --> 00:27:31,918
Yes.
684
00:27:31,951 --> 00:27:34,153
I was young.
I was traveling the country,
685
00:27:34,186 --> 00:27:36,756
writing,
trying to find myself.
686
00:27:36,789 --> 00:27:39,025
The cabin was just one of the
places I stopped along the way.
687
00:27:39,058 --> 00:27:41,728
And the thousand dollars in cash
688
00:27:41,761 --> 00:27:45,464
that you had in your possession
when you were apprehended--
689
00:27:45,497 --> 00:27:48,267
you said you earned that
doing odd jobs?
690
00:27:48,300 --> 00:27:49,902
Yes.
691
00:27:49,936 --> 00:27:51,804
Do you have any of
your employers' names?
692
00:27:51,838 --> 00:27:53,405
Not all of them.
693
00:27:53,439 --> 00:27:55,141
I'd work a day here and there
694
00:27:55,174 --> 00:27:57,176
for anyone that would hire me
along the way.
695
00:27:57,209 --> 00:27:59,712
You mean, along
your writing journey,
696
00:27:59,746 --> 00:28:01,113
while you
weren't producing
697
00:28:01,147 --> 00:28:02,715
any writing?
698
00:28:02,749 --> 00:28:04,784
Objection. Asked and answered.
699
00:28:04,817 --> 00:28:06,819
Sustained.
700
00:28:06,853 --> 00:28:10,790
Mr. Hicks, that money you had--
you didn't earn that, did you?
701
00:28:10,823 --> 00:28:12,992
Yes, I did. I...
No, you stole it.
702
00:28:13,025 --> 00:28:14,861
You stole it
from Lieutenant O'Connell.
703
00:28:14,894 --> 00:28:16,428
It's what was left
of his withdrawal, wasn't it?
704
00:28:16,462 --> 00:28:18,130
Objection. Badgering.
Then you force him
705
00:28:18,164 --> 00:28:19,732
into your van.
Then you bound him.
Objection.
706
00:28:19,766 --> 00:28:21,433
Sustained.
Then you drag him in the forest.
707
00:28:21,467 --> 00:28:23,002
Mr. Gardiner.
Then you listen to him
plead for his life,
708
00:28:23,035 --> 00:28:26,038
and you strike him so hard
that it caves in his head.
709
00:28:26,072 --> 00:28:29,842
Mr. Gardiner, ask a question
or shut it down.
710
00:28:31,911 --> 00:28:34,046
Mr. Hicks,
if what you say is true,
711
00:28:34,080 --> 00:28:35,815
you were simply
in the wrong place
712
00:28:35,848 --> 00:28:37,850
at the wrong time.
Is that correct?
713
00:28:37,884 --> 00:28:38,851
Yes.
714
00:28:38,885 --> 00:28:41,020
Simply in the wrong cabin,
715
00:28:41,053 --> 00:28:43,422
at the wrong time,
716
00:28:43,455 --> 00:28:45,925
with the wrong vehicle,
717
00:28:45,958 --> 00:28:48,127
with the wrong amount of cash.
718
00:28:48,160 --> 00:28:51,097
That would make you
719
00:28:51,130 --> 00:28:53,199
the unluckiest man in the world,
wouldn't it?
720
00:28:53,232 --> 00:28:55,868
Yes.
721
00:28:55,902 --> 00:28:58,204
(phone ringing)
722
00:28:58,237 --> 00:29:00,807
Bishop, tell me something good.
723
00:29:00,840 --> 00:29:02,041
We got Witness X.
724
00:29:02,074 --> 00:29:04,410
You got what? A name?
725
00:29:04,443 --> 00:29:06,278
Mary Elaine Smith.
726
00:29:06,312 --> 00:29:07,980
She is alive and well.
727
00:29:08,014 --> 00:29:09,248
We tracked her current location
728
00:29:09,281 --> 00:29:11,283
through Social Security.
729
00:29:11,317 --> 00:29:12,551
You're on your way
to talk to her?
730
00:29:12,584 --> 00:29:14,954
Gibbs is.
Keep me posted.
731
00:29:16,956 --> 00:29:19,125
My nephew
was cashing the checks?
732
00:29:19,158 --> 00:29:21,160
We'll get you what you're owed.
733
00:29:21,193 --> 00:29:23,562
No, I don't want it.
734
00:29:23,595 --> 00:29:27,834
Poor kid's had about
as many breaks as I have.
735
00:29:27,867 --> 00:29:30,569
I didn't have enough
to take care of him,
736
00:29:30,602 --> 00:29:32,571
so I left.
737
00:29:32,604 --> 00:29:36,843
But that's not why
you're here, is it?
738
00:29:36,876 --> 00:29:41,981
A man named Gabriel Hicks
is being retried for murder.
739
00:29:42,014 --> 00:29:44,951
You know who I'm
talking about?
740
00:29:44,984 --> 00:29:47,419
You want to know
about the man I saw
741
00:29:47,453 --> 00:29:50,256
driving the blue van that day.
742
00:29:50,289 --> 00:29:52,324
That's right.
743
00:29:52,358 --> 00:29:55,895
I had a few oranges left,
744
00:29:55,928 --> 00:30:00,299
and I wanted to get rid of them
so I could get home.
745
00:30:00,332 --> 00:30:05,838
The man in the van
told me he wasn't interested.
746
00:30:05,872 --> 00:30:09,275
I offered a better price.
747
00:30:09,308 --> 00:30:12,912
He told me to walk away
748
00:30:12,945 --> 00:30:15,147
or I'd regret it.
749
00:30:15,181 --> 00:30:17,349
What did he look like?
750
00:30:17,383 --> 00:30:18,617
It was a long time ago,
751
00:30:18,650 --> 00:30:22,054
and I-I wouldn't know him
if I saw him.
752
00:30:22,088 --> 00:30:26,893
But I do know he was black
and in his 40s.
753
00:30:26,926 --> 00:30:29,996
You sure about that?
754
00:30:31,964 --> 00:30:34,533
Why didn't you tell someone?
755
00:30:34,566 --> 00:30:36,468
I did.
756
00:30:36,502 --> 00:30:39,071
I figured he didn't believe me
757
00:30:39,105 --> 00:30:42,942
because I was just some lady
selling fruit on the street.
758
00:30:42,975 --> 00:30:44,877
Who didn't believe you?
759
00:30:44,911 --> 00:30:47,113
That FBI man.
760
00:30:47,146 --> 00:30:50,883
He tracked me down
11 years ago,
761
00:30:50,917 --> 00:30:54,586
and I told him
exactly what I just told you.
762
00:30:57,156 --> 00:30:59,325
FORNELL:
What do you want me to say?
763
00:30:59,358 --> 00:31:01,327
That you knew where she was
11 years ago
764
00:31:01,360 --> 00:31:02,561
and you talked to her.
765
00:31:02,594 --> 00:31:04,897
Yeah, I talked to her.
766
00:31:04,931 --> 00:31:06,232
And you covered it up.
767
00:31:06,265 --> 00:31:08,000
Because she was lying
through her teeth.
768
00:31:08,034 --> 00:31:09,936
She would've created
reasonable doubt
769
00:31:09,969 --> 00:31:11,971
about a guy that
I know was guilty.
770
00:31:12,004 --> 00:31:13,272
You didn't know a damn thing.
771
00:31:13,305 --> 00:31:14,941
I've got a gut, too, Gibbs!
772
00:31:14,974 --> 00:31:16,342
I knew.
You said yourself
773
00:31:16,375 --> 00:31:17,409
there's reasonable doubt.
774
00:31:17,443 --> 00:31:19,278
Guy takes one
lefty swing,
775
00:31:19,311 --> 00:31:21,247
and you want to throw the whole
investigation out the window?
776
00:31:21,280 --> 00:31:24,350
We got an eyewitness
saying it wasn't him!
777
00:31:24,383 --> 00:31:27,019
Mary Smith was threatened.
778
00:31:27,053 --> 00:31:30,656
Hicks got her to say
exactly what he needed her to.
779
00:31:30,689 --> 00:31:32,992
He scared her so bad,
she's still lying for him.
780
00:31:33,025 --> 00:31:35,027
Happens all the time.
Come on, Gibbs.
781
00:31:35,061 --> 00:31:39,198
A witness is so intimidated
that they disappear.
782
00:31:39,231 --> 00:31:40,466
You know I'm right.
783
00:31:40,499 --> 00:31:42,034
I know about afterwards.
784
00:31:42,068 --> 00:31:44,036
I remember that.
785
00:31:44,070 --> 00:31:47,239
Mason wasn't the only one to get
a promotion off of all this.
786
00:31:49,075 --> 00:31:51,710
I was on this case for a year.
787
00:31:51,743 --> 00:31:54,213
I took Lieutenant O'Connell's
mother to dinner every Sunday
788
00:31:54,246 --> 00:31:57,216
because he wasn't there
to do it anymore.
789
00:31:57,249 --> 00:32:01,954
I promised her justice,
and that's what I gave her.
790
00:32:01,988 --> 00:32:05,924
You expose this witness?
791
00:32:06,725 --> 00:32:10,196
It ends me.
792
00:32:10,229 --> 00:32:14,000
My career.
793
00:32:14,033 --> 00:32:15,134
Emily.
794
00:32:15,167 --> 00:32:17,203
God, Emily.
795
00:32:17,236 --> 00:32:21,073
But...
796
00:32:21,107 --> 00:32:23,542
it's bigger than that.
797
00:32:23,575 --> 00:32:27,313
If you expose
Mary Smith,
798
00:32:27,346 --> 00:32:29,748
a murderer walks.
799
00:32:29,781 --> 00:32:32,151
A serial killer.
800
00:32:32,184 --> 00:32:34,020
Hicks goes off on his merry way,
801
00:32:34,053 --> 00:32:37,589
and we can't try him
for this anymore.
802
00:32:37,623 --> 00:32:41,427
You got blinders on, Tobias.
803
00:32:41,460 --> 00:32:43,662
You didn't do the job.
804
00:32:43,695 --> 00:32:46,999
You never acted
as judge and jury?
805
00:32:47,033 --> 00:32:50,702
Convicting him
was not your call to make.
806
00:32:50,736 --> 00:32:53,972
Hypocrite doesn't
look good on you.
807
00:32:59,145 --> 00:33:01,080
Get out.
808
00:33:01,113 --> 00:33:02,648
Gibbs...
809
00:33:02,681 --> 00:33:05,117
Leave.
810
00:33:05,151 --> 00:33:08,087
Tobias, get out.
811
00:33:28,107 --> 00:33:31,043
Okay, uh, send her up, please.
812
00:33:31,077 --> 00:33:33,345
Boss, Jessica Shaeffer's
on her way up now.
What do we know?
813
00:33:33,379 --> 00:33:35,781
Have you talked
to Mary Smith?
814
00:33:35,814 --> 00:33:37,216
What do we know?
815
00:33:37,249 --> 00:33:39,051
Could she describe the killer?
816
00:33:39,085 --> 00:33:41,420
I asked you a question.
817
00:33:41,453 --> 00:33:43,389
What have you
been doing?
818
00:33:43,422 --> 00:33:45,291
Where is the evidence?
Boss, the list
of suspects
819
00:33:45,324 --> 00:33:47,293
in these other four cases,
it's huge, and we can't
820
00:33:47,326 --> 00:33:49,361
connect any of 'em to
Lieutenant O'Connell's murder.
821
00:33:49,395 --> 00:33:52,598
But we can't connect Hicks
to any other cases either.
822
00:33:52,631 --> 00:33:54,300
BISHOP: Hicks may have
been in the area when all
823
00:33:54,333 --> 00:33:57,403
five murders happened, but so
were at least 20 other suspects.
824
00:33:57,436 --> 00:33:59,338
So we got nothing!
825
00:33:59,371 --> 00:34:00,139
Agent Gibbs.
826
00:34:01,740 --> 00:34:04,443
Agent Gibbs,
I need to speak to you.
827
00:34:07,346 --> 00:34:09,781
I thought
I had your cooperation.
828
00:34:09,815 --> 00:34:11,483
You should've
contacted me already.
829
00:34:11,517 --> 00:34:13,252
For what?
830
00:34:13,285 --> 00:34:14,520
You found Witness X.
831
00:34:18,290 --> 00:34:20,259
Says who?
832
00:34:20,292 --> 00:34:23,495
Are you telling me
you didn't find her?
833
00:34:23,529 --> 00:34:26,598
Or should we start talking
Brady violation?
834
00:34:28,234 --> 00:34:30,502
Agent Gibbs,
(scoffs) I don't know
835
00:34:30,536 --> 00:34:32,671
what's going on here,
but this is a man's life
836
00:34:32,704 --> 00:34:34,440
we're talking about.
837
00:34:35,674 --> 00:34:37,609
What did the witness say?
838
00:34:39,511 --> 00:34:42,348
I'm calling you to the stand.
839
00:34:42,381 --> 00:34:44,850
We'll see what you have to say
under oath.
840
00:34:53,925 --> 00:34:57,496
You had no business discussing
this investigation with anyone.
841
00:34:57,529 --> 00:35:00,499
Uh, who-who'd
I tell what?
842
00:35:00,532 --> 00:35:01,867
You know what I'm talking about.
843
00:35:01,900 --> 00:35:03,369
I wish I did.
844
00:35:03,402 --> 00:35:04,370
Damn it, Sloane...
845
00:35:04,403 --> 00:35:06,572
What? What?!
846
00:35:06,605 --> 00:35:08,574
The lawyer. Your new friend.
847
00:35:08,607 --> 00:35:10,776
You're the only one
with a connection to her,
848
00:35:10,809 --> 00:35:14,180
and she knew we found Witness X.
849
00:35:18,250 --> 00:35:20,252
Okay.
850
00:35:23,789 --> 00:35:27,493
I'm gonna lay it
out for you, okay?
851
00:35:27,526 --> 00:35:29,161
There's two choices.
852
00:35:30,629 --> 00:35:34,300
Option one,
you tell me what's going on,
853
00:35:34,333 --> 00:35:36,835
and none of it
ever leaves the room.
854
00:35:36,868 --> 00:35:39,605
Option two,
I find out on my own--
855
00:35:39,638 --> 00:35:42,474
and I will find out--
856
00:35:42,508 --> 00:35:44,643
then I can't make any promises.
857
00:35:47,213 --> 00:35:49,515
So now you know
I didn't open my big mouth,
858
00:35:49,548 --> 00:35:52,851
and you want to talk, but you
don't want me to think I won.
859
00:35:52,884 --> 00:35:55,254
Nobody won.
860
00:36:03,495 --> 00:36:04,863
(exhales)
861
00:36:04,896 --> 00:36:07,566
Just talk.
862
00:36:07,599 --> 00:36:10,469
Lawyer is calling
me to the stand.
863
00:36:13,605 --> 00:36:16,375
If I tell the truth,
864
00:36:16,408 --> 00:36:19,278
a man will lose
everything.
865
00:36:19,311 --> 00:36:22,848
This man...
866
00:36:22,881 --> 00:36:25,384
known him a long time.
867
00:36:27,419 --> 00:36:29,521
Has a daughter.
868
00:36:29,555 --> 00:36:32,891
He's your friend.
869
00:36:32,924 --> 00:36:34,993
Mm.
870
00:36:35,026 --> 00:36:37,463
And if you lie
to protect your friend,
871
00:36:37,496 --> 00:36:40,666
you could be re-sentencing
an innocent man to death.
872
00:36:40,699 --> 00:36:42,301
Yeah.
873
00:36:42,334 --> 00:36:44,503
That is quite
a conundrum, isn't it?
874
00:36:44,536 --> 00:36:46,438
(clears throat)
875
00:36:46,472 --> 00:36:50,376
So, what do you think
about my cabinet?
876
00:36:50,409 --> 00:36:52,811
I think you are trying
to distract me
877
00:36:52,844 --> 00:36:55,547
with a handcrafted piece
of furniture.
878
00:36:57,583 --> 00:36:59,551
Now, why would I do that?
879
00:36:59,585 --> 00:37:01,019
Because...
880
00:37:01,052 --> 00:37:04,556
you don't know the answers
any more than me.
881
00:37:04,590 --> 00:37:06,992
You're right.
882
00:37:07,025 --> 00:37:09,928
It is handmade.
883
00:37:09,961 --> 00:37:12,998
My, um...
884
00:37:13,031 --> 00:37:17,669
my dad made it for my mom
before they were married.
885
00:37:17,703 --> 00:37:21,940
He was this
great craftsman.
886
00:37:21,973 --> 00:37:24,776
But he was so busy
trying to woo her
887
00:37:24,810 --> 00:37:27,979
that he made the bottom drawers
too tight.
888
00:37:28,013 --> 00:37:31,016
It got humid,
and the wood swelled.
889
00:37:31,049 --> 00:37:33,685
And then they quit opening.
890
00:37:33,719 --> 00:37:37,923
He wanted to fix it,
but, uh, my mom said no.
891
00:37:37,956 --> 00:37:40,025
She loved it
just the way it was.
892
00:37:40,058 --> 00:37:42,494
That one act tells you
everything you need to know
893
00:37:42,528 --> 00:37:44,563
about my mom.
894
00:37:46,698 --> 00:37:49,067
Anyway... (sniffles)
895
00:37:49,100 --> 00:37:52,971
the drawers still don't open,
so it's empty.
896
00:37:54,506 --> 00:37:57,809
But I like having it
in my office.
897
00:37:57,843 --> 00:37:59,345
(grunts)
898
00:37:59,378 --> 00:38:01,747
It reminds me that
even extraordinary people
899
00:38:01,780 --> 00:38:03,515
make mistakes.
900
00:38:03,549 --> 00:38:06,452
That's a given.
901
00:38:06,485 --> 00:38:08,654
It's our response to...
902
00:38:08,687 --> 00:38:11,657
those mistakes that defines us.
903
00:38:14,926 --> 00:38:16,795
So...
904
00:38:23,869 --> 00:38:25,871
Lock up when you're done.
905
00:38:34,680 --> 00:38:38,717
Agent Gibbs,
answer the question.
906
00:38:38,750 --> 00:38:41,820
Did you locate
Witness X?
907
00:38:41,853 --> 00:38:43,589
(sighs softly)
908
00:38:45,557 --> 00:38:46,725
Yes. Yesterday.
909
00:38:46,758 --> 00:38:48,427
What's her name?
910
00:38:48,460 --> 00:38:50,729
Mary Elaine Smith.
911
00:38:50,762 --> 00:38:54,600
Was Mary Smith able to describe
the man in the blue van?
912
00:38:54,633 --> 00:38:56,435
Yes.
913
00:38:56,468 --> 00:38:58,637
What was her description?
914
00:38:58,670 --> 00:39:01,407
African-American,
915
00:39:01,440 --> 00:39:02,708
in his 40s.
(gallery murmuring)
916
00:39:05,043 --> 00:39:06,845
JUDGE:
Order.
917
00:39:06,878 --> 00:39:09,014
Order.
918
00:39:09,047 --> 00:39:11,883
Were you inclined to believe
this witness?
919
00:39:15,687 --> 00:39:17,389
Agent Gibbs,
920
00:39:17,423 --> 00:39:19,658
did you believe Mary Smith?
921
00:39:21,059 --> 00:39:22,494
Yes.
922
00:39:22,528 --> 00:39:23,962
Why is that?
923
00:39:23,995 --> 00:39:26,632
Because she gave
the same statement
924
00:39:26,665 --> 00:39:28,467
at the time of the crime.
925
00:39:28,500 --> 00:39:29,535
To whom?
926
00:39:32,971 --> 00:39:36,775
Let me remind you, Agent Gibbs,
you are under oath.
927
00:39:36,808 --> 00:39:40,812
To whom did Mary Smith give
her statement 11 years ago?
928
00:39:45,817 --> 00:39:48,754
FBI Agent Tobias Fornell.
929
00:39:48,787 --> 00:39:50,489
(gallery murmuring)
930
00:39:58,129 --> 00:40:00,098
Ladies and gentlemen,
if you'll follow me,
931
00:40:00,131 --> 00:40:02,668
Mr. Hicks will be making
a statement in the atrium.
932
00:40:02,701 --> 00:40:03,702
Thank you.
933
00:40:13,645 --> 00:40:16,181
Ah, Tobias.
934
00:40:16,214 --> 00:40:18,850
It was me.
935
00:40:18,884 --> 00:40:22,087
I tipped off the lawyer
about Witness X.
936
00:40:22,120 --> 00:40:23,789
Why?
937
00:40:23,822 --> 00:40:25,824
What the hell for?
938
00:40:25,857 --> 00:40:29,127
Because I knew
you'd do the right thing.
939
00:40:31,229 --> 00:40:35,767
I've been carrying this around
so long...
940
00:40:35,801 --> 00:40:38,804
I didn't know what
the right thing was anymore.
941
00:40:40,806 --> 00:40:42,908
But I knew you would.
942
00:40:44,042 --> 00:40:46,211
HICKS:
To my lawyer,
943
00:40:46,244 --> 00:40:48,046
Jessica Shaeffer.
944
00:40:48,079 --> 00:40:50,215
I can't thank her enough
for believing in me
945
00:40:50,248 --> 00:40:52,050
and seeing justice through
to the end.
946
00:40:52,083 --> 00:40:53,785
Thank you.
You're welcome.
947
00:40:53,819 --> 00:40:56,755
Thank you all.
Excuse me.
948
00:40:56,788 --> 00:40:59,224
(reporters clamoring)
949
00:40:59,257 --> 00:41:01,860
Agent Gibbs.
950
00:41:01,893 --> 00:41:03,729
(chuckles)
951
00:41:03,762 --> 00:41:05,664
I don't even know what to say.
952
00:41:05,697 --> 00:41:07,499
You don't have to say anything.
953
00:41:07,533 --> 00:41:09,100
You gonna be okay?
954
00:41:09,134 --> 00:41:11,236
Yeah. Yeah, it's just...
955
00:41:13,238 --> 00:41:15,140
It's overwhelming.
956
00:41:15,173 --> 00:41:17,943
I don't even know what to do
with myself out here anymore.
957
00:41:17,976 --> 00:41:19,778
Start small.
958
00:41:19,811 --> 00:41:21,813
Maybe some ice cream.
959
00:41:21,847 --> 00:41:23,782
(chuckles):
Right.
960
00:41:23,815 --> 00:41:26,618
Two scoops of chocolate,
in honor of my dad.
961
00:41:26,652 --> 00:41:29,788
Vanilla, wasn't it?
962
00:41:29,821 --> 00:41:31,890
You said your dad
ordered vanilla.
963
00:41:31,923 --> 00:41:34,960
(chuckles):
Vanilla. Right.
964
00:41:34,993 --> 00:41:37,228
I guess I'm even more
overwhelmed than I thought.
965
00:41:37,262 --> 00:41:38,830
Eh.
966
00:41:41,266 --> 00:41:43,234
Thank you.
967
00:41:43,268 --> 00:41:45,070
Oh, yeah.
968
00:41:46,337 --> 00:41:48,540
*
969
00:41:55,914 --> 00:41:57,716
It's possible
he really was overwhelmed.
970
00:41:57,749 --> 00:41:59,785
Or he made the
whole thing up.
971
00:41:59,818 --> 00:42:03,088
You lie about ice cream,
it doesn't make you a murderer.
972
00:42:03,121 --> 00:42:04,890
No.
973
00:42:04,923 --> 00:42:07,125
Does make him a liar.
974
00:42:15,901 --> 00:42:17,903
SLOANE:
He knows we're here.
975
00:42:28,213 --> 00:42:30,215
Switch-hitter.
976
00:42:32,217 --> 00:42:34,786
He played us.
977
00:42:37,989 --> 00:42:39,858
Game's not over.
978
00:42:44,395 --> 00:42:51,870
Captioning sponsored by
CBS
979
00:42:51,903 --> 00:42:54,873
Captioned by
Media Access Group at WGBH
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