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NARRATOR:
In the criminal justice system
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00:00:02,950 --> 00:00:06,860
the people are represented by two
separate yet equally important groups,
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00:00:06,920 --> 00:00:08,720
the police
who investigate crime
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00:00:08,780 --> 00:00:11,560
and the district attorneys
who prosecute the offenders.
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These are their stories.
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It was a horror show. According
to her mother, I give Jodi a B,
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I not only ruin her life,
I spoil a perfect 4.0
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and her chances of
getting into Princeton.
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That kid has no chance
of getting into Princeton.
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None. Zero.
She's a drone.
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You tell her mother that.
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So what are you going to do?
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The honorable thing.
Change it to an A.
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(SHOTS FIRING)
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Oh, my God.
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Cafeteria.
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BOY: Get down!
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(FIRING CONTINUES)
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A couple of the kids
said he was small.
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Others said he was average.
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He ran out through the
kitchen into the street.
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He was dressed in black.
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Uh, looked like one of those,
you know, in the movies.
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Ninjas?
Ninjas, right.
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Is there any chance
anybody recognized him?
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He had a stocking or
something covering his face.
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Okay, thanks.
We'll be in touch.
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Crouching tiger,
hidden student.
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ED: We got three dead,
12 wounded,
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including one critical.
Head shot.
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We probably won't have much luck
with prints on the shell casings.
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The kid gets away.
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You ever hear of that
happening before?
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No. They either shoot
themselves or they surrender
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or somebody tackles them
when they stop to reload.
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No heroes at George Mason High.
(CELL PHONE RINGS)
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These are city kids.
They know better.
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Yeah, Green.
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Oh, okay. Thanks.
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Head shot died
en route to the hospital.
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That's four dead.
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You ever see one of these mass
shootings in a big city school?
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People move into the city to get
away from crimes like this.
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GIRL: I was just talking
to my friend.
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BRISCOE: Who's that?
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Emily.
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And I looked up,
and there he was.
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He was just standing there,
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like he was waiting for someone
to notice him or something.
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Like some kind of weak-ass ninja, right?
Then I started to laugh.
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00:02:53,450 --> 00:02:54,980
You started to laugh?
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00:02:55,050 --> 00:02:56,690
I mean, he looked
completely wack.
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I'm like,
"What is this, Halloween?"
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And then he pulled out the gun.
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He just started shooting,
and I froze,
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and then it's like
there's this weird pause.
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No one knows what's happening.
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And finally people
start screaming,
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and then he reloads,
he starts shooting again.
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Was he targeting anybody,
could you tell?
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Like zeroing in on any
individuals, groups?
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I don't know.
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00:03:19,810 --> 00:03:22,620
I couldn't help it
I saw this ninja,
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and then Howard
just popped into my mind.
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00:03:25,150 --> 00:03:26,960
Why did he pop into your head?
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00:03:27,020 --> 00:03:30,960
I don't know. Howard was always a
little obsessed with that stuff.
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00:03:31,020 --> 00:03:34,730
You know, guns,
kung fu, all that.
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00:03:35,690 --> 00:03:38,100
I even heard him say something
about Columbine once.
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Really? What'd he say?
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Just that those guys were
stupid for killing themselves.
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Was Howard at school today?
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No. But you know, after,
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like after I thought about it,
it just didn't make sense.
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How come?
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Howard's black.
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00:04:02,680 --> 00:04:03,860
Yeah, it's the same story
with me,
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except this one girl came up
with a name, Howard Earl.
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I sent a unit over to his apartment,
just in case she's right.
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00:04:10,590 --> 00:04:11,660
What's going on over here?
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00:04:11,730 --> 00:04:14,230
No, no, no, he's got the whole thing.
It's definitely prime time.
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00:04:14,300 --> 00:04:16,800
Just tell me how high I can go for
an exclusive window, all right?
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00:04:16,870 --> 00:04:17,970
Hey, excuse you.
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The auction's over, kid.
What?
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We're detectives.
This is evidence.
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What's your name?
Kevin Miller.
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You got this on videotape?
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Yeah, I got it all.
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Look, when can I get
my tape back?
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00:04:28,110 --> 00:04:31,090
Oh, don't worry, these vultures'll
still want it anytime. Trust me.
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00:04:31,150 --> 00:04:32,420
I don't care about the money.
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Yeah, right.
Really.
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This could be my big break.
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What are you talking about?
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I want to be
in the news business.
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No comment.
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(SHOTS FIRING)
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BOY: He's got a gun!
Get down! Get down!
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(CHILDREN SCREAMING)
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He's reloading.
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(FIRING CONTINUES)
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(SOBBING)
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No one's going to be
able to ID him.
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Ed's got a candidate.
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Yeah. Howard Earl.
He's black.
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Classmate says that he's
small, he has an attitude,
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he's obsessed with guns and he
even talked about Columbine.
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00:05:42,620 --> 00:05:44,120
What are you doing
to locate him?
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00:05:44,190 --> 00:05:48,130
Well, we got uniforms on his
building, at the pizza place,
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00:05:48,190 --> 00:05:50,670
and a couple of other neighborhood
hangouts where he lives.
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Find out whatever you can
about him.
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Spotty attendance,
failing grades,
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suspended three times
in the last year.
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Once for bringing a
concealed weapon to school.
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A weapon?
A box cutter.
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Did he use it?
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No, but he brandished it
in the lunch room.
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00:06:06,680 --> 00:06:09,160
We get the impression
that he's not very popular,
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that other kids pick on him.
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00:06:11,480 --> 00:06:15,590
Detectives, we have 3,000
students enrolled in this school
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00:06:15,650 --> 00:06:16,750
from every walk of life.
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All I can tell you is he's not involved
in any extra-curricular activities.
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No sports,
no after-school.
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00:06:21,890 --> 00:06:23,460
Did anybody reach his parents?
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00:06:23,530 --> 00:06:24,770
No father listed.
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00:06:24,830 --> 00:06:26,930
He lives with his grandmother
at the address they gave you.
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Well, where's his mother?
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Prison.
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For what?
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00:06:30,670 --> 00:06:32,410
Aggravated assault.
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00:06:38,810 --> 00:06:42,810
Guy's name is Lonnie Nolan. Claims
he saw Earl a few hours ago.
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00:06:43,210 --> 00:06:46,560
Mr. Nolan, where was it
you saw Earl?
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00:06:46,610 --> 00:06:48,360
Coming out of the deli
over on Broadway Terrace.
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00:06:48,420 --> 00:06:49,450
ED: You sure it was him?
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00:06:49,520 --> 00:06:50,550
Am I sure?
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00:06:50,620 --> 00:06:54,260
His mother and me used to run together
back in the day till she went crazy.
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00:06:54,660 --> 00:06:55,930
BRISCOE: Crazy?
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00:06:56,360 --> 00:06:57,500
Yeah.
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00:06:58,890 --> 00:07:02,670
Cut this other bitch.
Coked up out of her head.
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00:07:02,730 --> 00:07:04,400
Next thing I know,
there's all this blood.
140
00:07:04,870 --> 00:07:06,370
Familiar family saga.
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00:07:06,430 --> 00:07:07,670
What was Earl wearing?
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00:07:07,740 --> 00:07:11,480
Black sweatshirt, maybe
dark pants, black bandana.
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00:07:11,840 --> 00:07:12,980
Would you call it in?
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00:07:13,040 --> 00:07:14,380
What's Howard done?
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00:07:14,440 --> 00:07:16,220
We're not sure yet,
Mr. Nolan.
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00:07:16,280 --> 00:07:19,520
Listen, man, I ain't gonna lie
to you, that boy scares me.
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00:07:19,580 --> 00:07:21,690
I see him coming,
I just cross the street.
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00:07:23,450 --> 00:07:26,360
I've been thinking a lot
about this Earl thing,
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00:07:26,420 --> 00:07:28,490
and it just doesn't
track for me.
150
00:07:28,560 --> 00:07:30,660
Since when do
these things ever track?
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00:07:30,730 --> 00:07:33,870
Well, it's just a black kid doing
a school shooting like this
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00:07:33,930 --> 00:07:35,430
doesn't fit the profile.
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00:07:35,500 --> 00:07:39,810
Drugs, sneakers,
gangs, that I'll buy.
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00:07:40,100 --> 00:07:43,010
But a black kid
shooting up a lunch room?
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00:07:43,200 --> 00:07:45,550
Maybe we've finally
reached full equality.
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00:07:46,140 --> 00:07:50,020
Well, did he talk about his plans to anyone?
Brag about them?
157
00:07:50,380 --> 00:07:52,380
If he did, we didn't find 'em.
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00:07:52,980 --> 00:07:56,660
So we've got a 16-year-old
kid boiling with rage,
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00:07:56,720 --> 00:08:00,190
planning this fantastic
revenge scenario,
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00:08:00,590 --> 00:08:02,570
and he doesn't talk to anyone.
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00:08:03,460 --> 00:08:05,800
Guys.
We got another sighting.
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00:08:05,860 --> 00:08:08,640
Remember,
this is a sit-down only
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00:08:08,700 --> 00:08:10,730
so bring the grandmother along,
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00:08:10,800 --> 00:08:14,300
and make sure both of them
know what his rights are.
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00:08:18,470 --> 00:08:19,820
How you doing?
OFFICER: Okay.
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00:08:19,870 --> 00:08:22,750
Kid fitting that description went
in that building 20 minutes ago.
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00:08:22,810 --> 00:08:24,020
Figured I better wait
for you guys.
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00:08:24,080 --> 00:08:25,750
Thanks, Officer.
Good job.
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00:08:25,810 --> 00:08:26,880
This is him!
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00:08:29,020 --> 00:08:30,050
I hate when they do that.
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00:08:30,120 --> 00:08:32,030
I got him! Get the car!
Cut him off!
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00:08:33,390 --> 00:08:34,630
(CAR HONKING)
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(SIREN WAILING)
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00:08:51,140 --> 00:08:52,480
(SIREN WAILING)
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Come here.
Come here!
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00:09:01,480 --> 00:09:03,430
All right, all right.
You okay?
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00:09:03,490 --> 00:09:05,730
I'm good.
Ripped the new suit.
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00:09:09,760 --> 00:09:10,760
We got company.
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00:09:10,830 --> 00:09:12,100
I see 'em.
180
00:09:12,160 --> 00:09:14,610
Come on, move 'em back, Officer.
Come on, out of the way.
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00:09:14,660 --> 00:09:16,540
Come on, you heard him.
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00:09:17,270 --> 00:09:18,570
Watch your head.
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00:09:24,670 --> 00:09:27,850
BRISCOE: One of my ex-wives called
this morning to bust my chops.
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00:09:27,910 --> 00:09:29,820
Which one?
I forget.
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00:09:30,550 --> 00:09:33,290
God, he really does look
like he's eight years old.
186
00:09:33,580 --> 00:09:35,860
I thought you were just
going to talk to this boy.
187
00:09:35,920 --> 00:09:37,160
The kid had other plans.
188
00:09:37,220 --> 00:09:38,460
Where's his grandmother?
189
00:09:38,520 --> 00:09:39,930
She refused to come down.
190
00:09:39,990 --> 00:09:42,730
Yeah, she's probably
scared out of her wits.
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00:09:42,790 --> 00:09:43,960
Hey, how were we
supposed to know
192
00:09:44,030 --> 00:09:46,530
there was gonna be a photographer
staking out the scene?
193
00:09:46,590 --> 00:09:49,670
Well, the kid that told you about
him obviously told the press.
194
00:09:49,730 --> 00:09:52,870
It was only a matter of time
before they tracked him down.
195
00:09:56,640 --> 00:09:58,410
Has he even had breakfast yet?
196
00:09:58,570 --> 00:10:00,020
He won't eat.
197
00:10:00,070 --> 00:10:02,110
And he said he won't talk
until his lawyer shows up.
198
00:10:02,180 --> 00:10:03,520
When is that supposed to be?
199
00:10:03,580 --> 00:10:05,820
Well, well, well,
what have we here?
200
00:10:05,880 --> 00:10:07,920
Conspiracy to obstruct justice?
201
00:10:08,350 --> 00:10:09,690
Speak of the devil.
202
00:10:09,750 --> 00:10:11,130
ED: You're representing
Howard Earl?
203
00:10:11,190 --> 00:10:12,260
I am.
204
00:10:12,320 --> 00:10:14,800
And I plan to bring a multi-million
dollar suit against the city,
205
00:10:14,860 --> 00:10:17,740
the NYPD, and the
three of you as individuals
206
00:10:17,790 --> 00:10:20,400
just as soon as
this case is dismissed.
207
00:10:21,530 --> 00:10:23,810
Your client ran, Ms. Adams.
208
00:10:23,870 --> 00:10:26,310
Maybe it had something to do with
black kids being afraid of cops
209
00:10:26,370 --> 00:10:29,080
and that y'all don't look
exactly like the Prize Patrol.
210
00:10:29,140 --> 00:10:31,850
Okay, just do
what you gotta do.
211
00:10:31,910 --> 00:10:33,850
Should've checked
his alibi, officers.
212
00:10:33,910 --> 00:10:35,250
He was with his grandmother.
213
00:10:35,310 --> 00:10:37,020
My grandmother'd swear
I was the Pope
214
00:10:37,080 --> 00:10:38,820
if she thought it'd
get me out of trouble.
215
00:10:39,150 --> 00:10:42,060
They were visiting Howard's
mother up at Bedford Hills
216
00:10:42,120 --> 00:10:44,030
at the time of the shootings.
217
00:10:44,090 --> 00:10:46,500
He was literally
under lock and key.
218
00:10:46,920 --> 00:10:49,870
I'll have the prison
fax you the sign-in sheet.
219
00:10:51,190 --> 00:10:53,800
I'd like to get
my client now, please.
220
00:10:53,860 --> 00:10:55,840
I'm taking him out
to breakfast.
221
00:11:00,600 --> 00:11:03,140
BRISCOE: We're checking on anybody
who was absent yesterday.
222
00:11:03,240 --> 00:11:05,550
I understand. What
kind of gun was used?
223
00:11:05,610 --> 00:11:07,140
A 9mm. Why?
224
00:11:07,210 --> 00:11:09,920
Nobody got a look at the
shooter's face, right? Right.
225
00:11:10,610 --> 00:11:11,960
You sure he didn't say a word?
226
00:11:12,010 --> 00:11:13,320
Well, what's your point?
227
00:11:13,650 --> 00:11:16,560
What about a girl? A girl
can handle a gun, right?
228
00:11:18,990 --> 00:11:20,990
She transferred here
a month ago.
229
00:11:21,060 --> 00:11:24,730
Colleen Jacobs. She'd been
harassed at her old school.
230
00:11:25,060 --> 00:11:27,440
Her classmates there heard her
say that she'd like to kill
231
00:11:27,500 --> 00:11:29,740
everybody who teased her
and then herself.
232
00:11:29,800 --> 00:11:31,440
Why wasn't something
done about it?
233
00:11:31,700 --> 00:11:34,150
Something was done.
They transferred her here.
234
00:11:35,170 --> 00:11:36,910
So much for a desperate
cry for help.
235
00:11:36,970 --> 00:11:38,640
They transferred
her here and...
236
00:11:38,710 --> 00:11:40,850
She wasn't making
a good adjustment.
237
00:11:40,910 --> 00:11:42,290
She's been out the whole week.
238
00:11:42,340 --> 00:11:44,980
I was just about to sic
the truant officer on her.
239
00:11:45,980 --> 00:11:49,290
Mrs. Jacobs, we checked
with your daughter's school.
240
00:11:49,350 --> 00:11:50,830
She hasn't been there all week.
241
00:11:50,890 --> 00:11:52,870
Oh, no, no, not George Mason.
242
00:11:52,920 --> 00:11:55,700
No, we started her at
Catholic school last week.
243
00:11:56,090 --> 00:11:58,800
Thank God, otherwise she would
have been there yesterday.
244
00:11:58,860 --> 00:12:01,430
ED: The high school doesn't
seem to know about this.
245
00:12:02,360 --> 00:12:05,210
Well, they obviously
don't know much, Detective.
246
00:12:05,270 --> 00:12:06,870
I phoned them, I wrote them,
247
00:12:06,930 --> 00:12:09,210
I told them
Colleen was leaving.
248
00:12:11,210 --> 00:12:15,380
Colleen, honey, these men
are homicide detectives.
249
00:12:18,710 --> 00:12:20,690
You think I did it, don't you?
250
00:12:21,280 --> 00:12:23,230
You think I shot those kids.
251
00:12:23,890 --> 00:12:25,020
Did you?
252
00:12:26,390 --> 00:12:27,530
I wish I had.
253
00:12:27,660 --> 00:12:28,830
Oh, honey, don't say that.
254
00:12:28,890 --> 00:12:31,390
They're all jerks at that school.
I hate them.
255
00:12:31,460 --> 00:12:32,770
You don't mean that.
256
00:12:32,830 --> 00:12:35,870
But if I had done it, I wouldn't
have wussed out and worn a mask.
257
00:12:35,930 --> 00:12:38,430
I would have wanted everyone
to know it was me.
258
00:12:38,500 --> 00:12:39,810
Then maybe
they would've gotten it,
259
00:12:39,870 --> 00:12:43,040
and they would've felt bad
for the rest of their lives.
260
00:12:46,810 --> 00:12:47,810
(DOOR SLAMS)
261
00:12:47,980 --> 00:12:52,010
She doesn't know what she's saying.
She's depressed.
262
00:12:53,150 --> 00:12:55,890
Well, we're going to have to
check with her new school.
263
00:12:58,720 --> 00:13:01,760
It happened at lunchtime, right?
The shooting?
264
00:13:02,360 --> 00:13:04,030
Yeah, it was about 12:30.
265
00:13:05,930 --> 00:13:07,960
Colleen was in therapy.
266
00:13:08,200 --> 00:13:09,300
(CELL PHONE RINGING)
267
00:13:09,360 --> 00:13:10,540
Excuse me.
268
00:13:12,430 --> 00:13:13,670
Yeah, Green.
269
00:13:16,870 --> 00:13:18,410
ED: So what do we have here?
270
00:13:18,470 --> 00:13:20,350
Brian got this e-mail.
271
00:13:21,210 --> 00:13:22,280
When'd you get this?
272
00:13:22,340 --> 00:13:23,690
BRIAN: Couple of hours ago.
273
00:13:24,110 --> 00:13:25,180
Who's it from?
274
00:13:25,250 --> 00:13:27,020
Calls himself Ninja Nightmare.
275
00:13:27,080 --> 00:13:28,650
BRISCOE: Why'd he
send it to you?
276
00:13:28,720 --> 00:13:29,990
I don't know.
277
00:13:30,420 --> 00:13:32,300
Brian's the
Student Council President.
278
00:13:32,690 --> 00:13:35,500
Look. It says he's coming back
to finish what he started.
279
00:13:35,560 --> 00:13:37,590
That's what got us so nervous.
280
00:13:37,660 --> 00:13:39,570
Okay, we're going to try
to trace the e-mail.
281
00:13:39,630 --> 00:13:42,340
In the meantime, you stay
right here with your parents.
282
00:13:44,500 --> 00:13:46,410
Any candidates on the sender?
283
00:13:46,470 --> 00:13:48,610
Well, we're going back to talk
to the school psychologist,
284
00:13:48,670 --> 00:13:49,910
see what we can come up with.
285
00:13:49,970 --> 00:13:53,980
Well, sending an e-mail afterward
is clearly learned behavior.
286
00:13:54,040 --> 00:13:56,080
This case is
less than two days old,
287
00:13:56,140 --> 00:13:59,320
and we've already gone through two
completely credible suspects.
288
00:13:59,380 --> 00:14:01,330
True. And who knows how long
this list is going to be
289
00:14:01,380 --> 00:14:03,380
once we talk to the shrink.
290
00:14:05,320 --> 00:14:06,530
Ninja Nightmare?
291
00:14:06,590 --> 00:14:08,190
Any ideas, Doc?
292
00:14:09,720 --> 00:14:11,860
How long will it take you
to get a court order?
293
00:14:12,230 --> 00:14:14,070
I can call the D.A.'s office
right now.
294
00:14:14,660 --> 00:14:16,730
Forget the D.A.
What do you got?
295
00:14:17,800 --> 00:14:19,570
There is a student.
Who?
296
00:14:20,470 --> 00:14:22,510
I don't know
if I can break privilege.
297
00:14:22,570 --> 00:14:25,810
We don't need to see the file,
Doc, we just need a name.
298
00:14:28,140 --> 00:14:30,050
You realize
what's at stake here?
299
00:14:30,110 --> 00:14:32,060
Of course I realize
what's at stake.
300
00:14:32,110 --> 00:14:33,990
My daughter
goes to school here.
301
00:14:34,520 --> 00:14:36,690
Then tell us
what we need to know.
302
00:14:39,120 --> 00:14:41,620
This student,
he's really scary.
303
00:14:41,690 --> 00:14:44,930
He's been kicked out of three different
private schools before he came here.
304
00:14:44,990 --> 00:14:46,900
Some pretty violent episodes.
305
00:14:46,960 --> 00:14:48,840
How come you didn't
tell us this before?
306
00:14:48,900 --> 00:14:52,370
Well, he's relatively new. I wasn't
fully familiar with his history.
307
00:14:54,170 --> 00:14:56,080
Give us the name, Doc.
308
00:14:57,470 --> 00:15:00,390
Semple. Henry Semple.
309
00:15:01,510 --> 00:15:03,280
You know we're taking a chance, right?
(DOORBELL BUZZING)
310
00:15:03,340 --> 00:15:04,690
Hey, it's called hot pursuit.
311
00:15:04,750 --> 00:15:08,350
I just don't want to end up on the
cover of The Post twice in one case.
312
00:15:08,980 --> 00:15:10,160
Yes?
313
00:15:10,220 --> 00:15:12,760
Police. We're looking for Henry Semple.
Is he at home?
314
00:15:12,820 --> 00:15:14,090
Yes.
315
00:15:17,830 --> 00:15:19,070
EDI Henry!
316
00:15:24,530 --> 00:15:26,270
Lennie, he's got a gun!
317
00:15:28,840 --> 00:15:32,510
(SIGHS) Well, partner, I think
you just redeemed yourself.
318
00:15:40,080 --> 00:15:43,890
Docket ending 995.
"People v. Henry Semple."
319
00:15:43,950 --> 00:15:45,830
"Four counts Murder
in the Second Degree,"
320
00:15:45,890 --> 00:15:48,160
"11 counts
Attempted Murder Second."
321
00:15:48,820 --> 00:15:51,060
I'll hear you,
Ms. Carmichael.
322
00:15:51,360 --> 00:15:53,360
Your Honor,
the defendant, Henry Semple,
323
00:15:53,430 --> 00:15:57,000
armed with a semi-automatic weapon
and concealing his identity,
324
00:15:57,060 --> 00:15:59,270
entered the high school he
attends and without provocation
325
00:15:59,330 --> 00:16:01,710
emptied his weapon
at his fellow students,
326
00:16:01,770 --> 00:16:03,580
wounding 11 and killing four.
327
00:16:03,640 --> 00:16:05,880
Despite his age,
the People request remand.
328
00:16:05,940 --> 00:16:07,920
Judge, I'm not going
to try this case today
329
00:16:07,980 --> 00:16:09,390
but the facts just
proffered by the People
330
00:16:09,440 --> 00:16:11,420
will obviously
be disputed at trial.
331
00:16:11,480 --> 00:16:13,960
I should add, Your Honor, that
ballistics has matched the gun
332
00:16:14,020 --> 00:16:16,620
recovered from the defendant
with the murder weapon.
333
00:16:16,680 --> 00:16:19,220
Are you saying they got
the wrong guy, Counselor?
334
00:16:19,290 --> 00:16:21,560
The wrong kid, Your Honor.
335
00:16:22,160 --> 00:16:23,900
And, no, that's not our claim.
336
00:16:23,960 --> 00:16:26,960
It is our contention, however, that the
shooting was not without provocation,
337
00:16:27,030 --> 00:16:29,170
and will ultimately lead
to different conclusions
338
00:16:29,230 --> 00:16:31,180
than those reached
by the People.
339
00:16:31,230 --> 00:16:33,800
Present in court today are
the parents of my client.
340
00:16:34,100 --> 00:16:36,050
His father, Bill Semple,
is a corporate partner
341
00:16:36,100 --> 00:16:37,610
for the law firm of
Whittier and Hughes
342
00:16:37,670 --> 00:16:40,710
and a former attorney for the Justice
Department's Antitrust Division.
343
00:16:40,780 --> 00:16:43,780
JUDGE: I appreciate his
family's here, Counselor,
344
00:16:43,840 --> 00:16:46,380
but do you honestly expect
I'm sending him home?
345
00:16:46,450 --> 00:16:48,890
No, Your Honor. Mr. and
Mrs. Semple are, however,
346
00:16:48,950 --> 00:16:52,020
asking that their son
be committed to a private,
347
00:16:52,090 --> 00:16:54,460
secure psychiatric facility
in lieu of bail.
348
00:16:54,520 --> 00:16:56,970
They have offered to assume the
cost of his incarceration there,
349
00:16:57,020 --> 00:17:00,870
as well as the cost of his transportation
to and from court as required.
350
00:17:00,930 --> 00:17:02,600
We have buses at Rikers
to do that.
351
00:17:02,660 --> 00:17:06,340
But not the medical health professionals
available at a private facility.
352
00:17:06,400 --> 00:17:07,880
It's our contention
that such an environment
353
00:17:07,940 --> 00:17:09,740
will assist all the parties,
including the People,
354
00:17:09,800 --> 00:17:12,440
in assessing an appropriate course
of treatment for my client.
355
00:17:12,510 --> 00:17:15,010
The only treatment the People
are interested in at this point
356
00:17:15,080 --> 00:17:17,890
is life behind bars so
he can never do this again.
357
00:17:18,850 --> 00:17:21,660
I'm sorry, Counselor, but given
the nature of these charges
358
00:17:21,720 --> 00:17:25,390
I simply won't risk the safety of
any employee of a private facility.
359
00:17:25,450 --> 00:17:27,360
Accordingly, the defendant
is hereby remanded
360
00:17:27,420 --> 00:17:29,920
to the Department
of Correction without bail.
361
00:17:29,990 --> 00:17:31,200
(GAVEL BANGS)
362
00:17:40,100 --> 00:17:43,410
Why not let his parents pay the
cost of his incarceration?
363
00:17:43,670 --> 00:17:46,450
Because it creates an
appearance of impropriety.
364
00:17:46,510 --> 00:17:50,460
Wealthy parents getting special
consideration for their son.
365
00:17:50,510 --> 00:17:51,960
I also don't think
we want the jury pool
366
00:17:52,010 --> 00:17:54,930
hearing anything about a
private psychiatric hospital.
367
00:17:54,980 --> 00:17:57,720
That just gives his lawyer a leg
up in the insanity defense.
368
00:17:57,790 --> 00:18:00,730
So a kid who obviously
needs psychiatric treatment
369
00:18:00,790 --> 00:18:02,430
doesn't get it
because no one does,
370
00:18:02,490 --> 00:18:05,530
and we keep him at Rikers because
it makes our case look better.
371
00:18:05,590 --> 00:18:07,940
This is a strange way
to run a candy store.
372
00:18:08,000 --> 00:18:10,200
Keeping this kid out
of a psychiatric hospital
373
00:18:10,260 --> 00:18:12,400
is our best shot at
keeping him off the streets.
374
00:18:12,470 --> 00:18:13,640
Permanently.
375
00:18:13,700 --> 00:18:14,870
Permanently?
376
00:18:14,940 --> 00:18:16,920
I assume we're seeking
the maximum here.
377
00:18:16,970 --> 00:18:19,610
Consecutive life terms
378
00:18:19,670 --> 00:18:21,920
for a kid who's just turned 16?
379
00:18:22,610 --> 00:18:25,350
Even at his age,
that's a death sentence.
380
00:18:25,410 --> 00:18:27,360
Four children are dead, Nora.
381
00:18:27,420 --> 00:18:29,860
We can't just send him to
bed without any dinner.
382
00:18:29,920 --> 00:18:33,130
I think Abbie's right. We have
to deal with this kid severely.
383
00:18:33,190 --> 00:18:36,170
Life in prison won't deter
the copycats, Jack.
384
00:18:36,220 --> 00:18:38,170
Not with their
15 minutes of fame.
385
00:18:38,230 --> 00:18:40,330
Well, what about the
other kids in these schools?
386
00:18:40,390 --> 00:18:42,810
We want them to come forward,
but if we send a message
387
00:18:42,860 --> 00:18:44,900
this is just the result
of a troubled mind
388
00:18:44,970 --> 00:18:46,780
they'll try to
handle it themselves.
389
00:18:47,200 --> 00:18:49,080
I watched this kid in court.
390
00:18:49,140 --> 00:18:51,740
He showed absolutely
no signs of remorse.
391
00:18:54,480 --> 00:18:58,390
Well, I can't ask for life without
a psychiatric evaluation.
392
00:18:58,850 --> 00:19:01,450
He concealed his identity.
He fled the scene.
393
00:19:01,520 --> 00:19:03,150
Those are both
pretty good indicators
394
00:19:03,220 --> 00:19:04,750
that he knew the difference
between right and wrong.
395
00:19:04,820 --> 00:19:06,360
There's no middle ground here.
396
00:19:07,250 --> 00:19:09,790
We've got the gun.
Do we have any witnesses?
397
00:19:11,890 --> 00:19:13,670
Best one's
the kid with the video.
398
00:19:15,630 --> 00:19:18,700
Better get on that right away
before he sells his credibility.
399
00:19:23,370 --> 00:19:25,580
Some of the kids don't want
to come in here anymore.
400
00:19:25,640 --> 00:19:26,880
But not you?
401
00:19:26,940 --> 00:19:28,780
I figure it comes
with the territory.
402
00:19:29,480 --> 00:19:31,390
Getting shot comes
with high school?
403
00:19:31,450 --> 00:19:34,220
No, I meant being an
aspiring journalist and all.
404
00:19:34,280 --> 00:19:36,020
You know, I've been on CNN.
405
00:19:36,080 --> 00:19:37,460
Is that so?
406
00:19:37,520 --> 00:19:39,960
I'm supposed to do
a town meeting on Nightline,
407
00:19:40,020 --> 00:19:42,520
but it might conflict
with a special on NBC.
408
00:19:43,290 --> 00:19:45,530
Look, I'd really like
to get the tape back.
409
00:19:45,590 --> 00:19:47,400
We still need it
for awhile, Kevin.
410
00:19:47,860 --> 00:19:49,930
Now, I need you to think back.
411
00:19:50,000 --> 00:19:54,070
If you saw anything, anything at
all, that wasn't on the tape.
412
00:19:54,600 --> 00:19:55,880
Like what?
413
00:19:55,940 --> 00:19:58,420
Like the kid's face.
Like...
414
00:19:58,470 --> 00:20:00,750
No. No, just what's
on the video.
415
00:20:01,880 --> 00:20:04,220
So where were you
when the shots rang out?
416
00:20:04,480 --> 00:20:05,550
Lunch line.
417
00:20:05,610 --> 00:20:08,360
And you just happened to have
a video camera with you?
418
00:20:09,250 --> 00:20:12,200
Well, I just got it I try
to take it wherever I go.
419
00:20:12,850 --> 00:20:15,300
And I figured,
last year in high school,
420
00:20:15,360 --> 00:20:17,360
final days and all that.
421
00:20:17,430 --> 00:20:21,640
I want to get my friends, make sure I
had something to remember them by.
422
00:20:24,000 --> 00:20:25,600
Guess I do now, huh?
423
00:20:27,230 --> 00:20:30,270
Is your son's lawyer aware
you're here, Mr. Semple?
424
00:20:30,540 --> 00:20:34,420
We're not sure this attorney really
appreciates our son's situation.
425
00:20:34,480 --> 00:20:35,950
What situation is that?
426
00:20:36,010 --> 00:20:37,550
How is our son?
427
00:20:37,910 --> 00:20:39,550
Last report,
he's doing all right.
428
00:20:39,710 --> 00:20:43,020
Six of the children he shot
are still hospitalized.
429
00:20:48,390 --> 00:20:50,960
I'm very sorry to hear that.
430
00:20:54,160 --> 00:20:55,500
You don't believe me.
431
00:20:55,560 --> 00:20:58,240
Your concern seems
a little late, that's all.
432
00:20:58,300 --> 00:20:59,740
MRS. SEMPLE:
You think we knew?
433
00:20:59,870 --> 00:21:03,340
You think you can look at your child
and know he's capable of this?
434
00:21:03,740 --> 00:21:07,010
I think it depends on how hard
you're looking, Mrs. Semple.
435
00:21:07,070 --> 00:21:10,450
Look, maybe we deserve this,
I don't know.
436
00:21:11,450 --> 00:21:13,320
But we came here
to talk about Henry.
437
00:21:14,750 --> 00:21:16,520
What is it you want us to know?
438
00:21:17,650 --> 00:21:21,260
Henry's had some problems since
we moved here from Virginia.
439
00:21:21,820 --> 00:21:23,270
What kind of problems?
440
00:21:24,360 --> 00:21:26,340
Nothing to suggest
anything like this.
441
00:21:26,390 --> 00:21:28,030
You said in court
442
00:21:28,100 --> 00:21:30,740
you wanted Henry to spend the
rest of his life in prison.
443
00:21:31,570 --> 00:21:35,140
The judge will determine your
son's sentence, Mrs. Semple.
444
00:21:35,540 --> 00:21:38,110
But he's only 16 years old.
445
00:21:38,710 --> 00:21:41,210
He's lucky he's not
facing the death penalty.
446
00:21:41,740 --> 00:21:44,880
You're the ones who sentenced that
other boy to death, aren't you?
447
00:21:44,950 --> 00:21:47,890
The one who killed
that delivery man.
448
00:21:47,950 --> 00:21:50,430
I told you, that kid was 18.
449
00:21:50,480 --> 00:21:53,590
They can't ask for the death
penalty for Henry. He's too young.
450
00:21:53,650 --> 00:21:56,790
Your husband's right. The death
penalty isn't applicable here.
451
00:21:57,290 --> 00:22:01,000
Our son needs help,
do you understand?
452
00:22:01,060 --> 00:22:02,400
That's why we're here.
453
00:22:02,460 --> 00:22:04,770
That's why we want
to change lawyers.
454
00:22:05,230 --> 00:22:09,010
Please, can't you just find
some way to help him?
455
00:22:16,080 --> 00:22:17,320
We appreciate your time.
456
00:22:19,980 --> 00:22:22,430
I'll have Henry's
new lawyer to get in touch.
457
00:22:27,090 --> 00:22:29,570
Well, there's a woman
who's in complete denial
458
00:22:29,620 --> 00:22:31,400
about what's gonna
happen to her kid.
459
00:22:31,460 --> 00:22:33,900
Maybe it's the safest
place to be.
460
00:22:42,070 --> 00:22:43,170
Jack?
461
00:22:44,440 --> 00:22:47,250
Jamie Ross. What the
hell are you doing here?
462
00:22:47,310 --> 00:22:48,550
Hi.
463
00:22:48,610 --> 00:22:50,780
This is a surprise.
Come here.
464
00:22:51,810 --> 00:22:52,980
Sit.
465
00:22:53,580 --> 00:22:54,580
Thank you.
466
00:22:54,680 --> 00:22:55,680
How are you?
467
00:22:55,750 --> 00:22:57,130
I'm good. And you?
468
00:22:57,180 --> 00:22:58,190
Fine.
469
00:22:58,920 --> 00:23:00,160
Pictures.
470
00:23:00,220 --> 00:23:01,220
Ah, yes.
471
00:23:05,990 --> 00:23:08,030
Absolutely beautiful.
472
00:23:11,630 --> 00:23:14,170
But I thought you left us
to spend more time with them.
473
00:23:14,540 --> 00:23:16,280
I did. I do.
474
00:23:17,170 --> 00:23:18,620
But every now and then
a case comes along
475
00:23:18,670 --> 00:23:20,710
that makes me sit up
and take notice.
476
00:23:24,450 --> 00:23:25,860
My appearance.
477
00:23:27,310 --> 00:23:28,660
Henry Semple?
478
00:23:29,620 --> 00:23:31,530
I was retained this afternoon.
479
00:23:32,850 --> 00:23:34,420
You're going to
defend this kid?
480
00:23:34,760 --> 00:23:37,460
You mean instead of letting them
take him out back and shoot him?
481
00:23:37,520 --> 00:23:39,270
Yes, I'm going to defend him.
482
00:23:40,690 --> 00:23:42,900
Come on, Jack, these shootings
are a phenomenon of children,
483
00:23:42,960 --> 00:23:46,070
and yet you prosecutors are
hell-bent to try them as adults.
484
00:23:46,530 --> 00:23:49,540
Pretty soon there'll be no distinction
between children and adults at all.
485
00:23:53,040 --> 00:23:55,580
I assume Mr. Semple was aware
we've worked together.
486
00:23:56,310 --> 00:24:00,350
Yes. He also knows there'll be no
favors coming to me because of it.
487
00:24:00,680 --> 00:24:01,960
Good.
488
00:24:02,020 --> 00:24:04,520
He was with the Justice
Department himself down in D.C.
489
00:24:04,590 --> 00:24:05,690
Yes, we met.
490
00:24:05,750 --> 00:24:08,530
Well, then you know how concerned
these parents are for their child.
491
00:24:10,760 --> 00:24:12,530
What is it you want, Jamie?
492
00:24:13,160 --> 00:24:15,730
Am I going to have to fight with you?
I don't want to fight with you.
493
00:24:16,200 --> 00:24:18,010
I don't want to fight
with you either, Jack.
494
00:24:18,330 --> 00:24:21,140
I'm here to work toward some solution
so we can both sleep at night.
495
00:24:22,540 --> 00:24:25,350
Jamie, four people are dead.
Kids.
496
00:24:25,640 --> 00:24:27,780
Another six are
in the hospital.
497
00:24:28,080 --> 00:24:30,420
The law demands your client
be held accountable.
498
00:24:30,480 --> 00:24:33,580
It doesn't demand charging him as
an adult without any evaluation.
499
00:24:33,650 --> 00:24:37,120
Come on. We both know what an
evaluation's gonna to show.
500
00:24:37,750 --> 00:24:39,630
That the kid knew
right from wrong.
501
00:24:39,690 --> 00:24:41,260
Which shouldn't be
the end of the story.
502
00:24:41,320 --> 00:24:44,100
Not with the country in the middle
of an epidemic of these things.
503
00:24:44,260 --> 00:24:46,900
I can only deal with
the case in front of me.
504
00:24:55,240 --> 00:24:57,040
Motion to suppress
the gun, the statements,
505
00:24:57,100 --> 00:24:58,550
and any other evidence
you obtained
506
00:24:58,610 --> 00:25:01,050
as a result of that school
psychologist's big mouth.
507
00:25:07,980 --> 00:25:11,160
I want to know if either of you
talked to anyone other than
508
00:25:11,220 --> 00:25:14,790
the school psychologist who mentioned
Henry Semple as a possible suspect.
509
00:25:14,860 --> 00:25:17,730
What do you want us to do, Counselor?
Verify our sources?
510
00:25:17,790 --> 00:25:20,290
I think we need to remember
that when Briscoe and Green
511
00:25:20,360 --> 00:25:22,570
made the decision
to pursue the lead
512
00:25:22,630 --> 00:25:26,770
a threat had been made via e-mail
that the shooter was coming back.
513
00:25:26,830 --> 00:25:29,010
We thought it was
pretty important.
514
00:25:29,570 --> 00:25:33,420
All of us are subject to having our judgments
reviewed by the courts, Detective.
515
00:25:33,470 --> 00:25:37,580
We're just trying to ascertain whether
yours can withstand scrutiny.
516
00:25:38,650 --> 00:25:40,960
Did either of you consider
getting a court order first?
517
00:25:41,480 --> 00:25:42,690
Yeah, we discussed it.
518
00:25:42,750 --> 00:25:43,790
CARMICHAEL: And?
519
00:25:43,850 --> 00:25:46,760
We both made the decision
to proceed without one.
520
00:25:48,490 --> 00:25:51,730
This judge hears that, and
exigency could be out the window.
521
00:25:55,800 --> 00:25:58,240
This psychologist had
a child attending that school.
522
00:25:58,300 --> 00:26:00,510
I think she let her fear
for that child's safety
523
00:26:00,570 --> 00:26:03,410
compromise her professional
obligations to this student.
524
00:26:03,700 --> 00:26:05,840
I think there's a few
thousand other students
525
00:26:05,910 --> 00:26:08,110
who'd say their lives may
have been saved by it.
526
00:26:08,180 --> 00:26:10,180
So the ends justify the means?
527
00:26:10,240 --> 00:26:12,250
These cops had
every reason to believe
528
00:26:12,310 --> 00:26:14,850
that the sender of the
e-mail was the shooter.
529
00:26:14,920 --> 00:26:16,990
The means was simply
going to the person
530
00:26:17,050 --> 00:26:19,390
who most logically
could furnish an identity.
531
00:26:19,450 --> 00:26:22,130
They coerced her
into violating privilege.
532
00:26:22,190 --> 00:26:25,400
What if it was your daughter he'd shot?
What then?
533
00:26:25,990 --> 00:26:27,700
I'd pray that
my fear for her safety
534
00:26:27,760 --> 00:26:29,400
wouldn't be used
as an excuse to deprive
535
00:26:29,460 --> 00:26:31,910
three hundred million Americans
of their Constitutional rights.
536
00:26:32,200 --> 00:26:35,410
And what about the rights of kids not
to be shot at when they go to school?
537
00:26:35,470 --> 00:26:37,970
The fact remains that if
a mental health care provider
538
00:26:38,040 --> 00:26:40,110
revealed this information
about an adult patient
539
00:26:40,170 --> 00:26:41,950
we wouldn't even be
having this conversation.
540
00:26:42,010 --> 00:26:43,510
We would if there was exigency.
541
00:26:43,580 --> 00:26:46,220
The e-mail indicated that
the shooter wasn't finished.
542
00:26:46,280 --> 00:26:47,950
The e-mail was sent
from New Orleans.
543
00:26:48,380 --> 00:26:51,360
That information was not
communicated to these detectives.
544
00:26:51,850 --> 00:26:55,530
One phone call from their cell phones
is all it would have taken, Your Honor.
545
00:26:55,590 --> 00:26:58,260
This is a printout from the
NYPD computer crimes section
546
00:26:58,330 --> 00:26:59,700
indicating that
the e-mail was traced
547
00:26:59,760 --> 00:27:03,500
almost an hour before these detectives
showed up at the Semples' home.
548
00:27:08,170 --> 00:27:10,170
I'm afraid
Ms. Ross is right.
549
00:27:10,240 --> 00:27:14,410
These police officers had plenty of
time to verify their information
550
00:27:14,470 --> 00:27:16,180
or obtain a warrant.
551
00:27:16,240 --> 00:27:18,350
Balance the interests
here, Your Honor.
552
00:27:18,410 --> 00:27:21,050
We're talking about a technical
violation of the law
553
00:27:21,110 --> 00:27:23,090
against freeing
a mass murderer.
554
00:27:23,220 --> 00:27:25,390
What we're talking about
is doctor-patient privilege
555
00:27:25,450 --> 00:27:26,860
and the Fourth Amendment.
556
00:27:27,250 --> 00:27:31,070
I don't see how either can be
construed as a technicality.
557
00:27:31,120 --> 00:27:32,970
And with no eyewitnesses
and no other way
558
00:27:33,030 --> 00:27:35,130
for the police to come up with
Henry Semple as a suspect...
559
00:27:35,200 --> 00:27:39,870
Everything seized becomes fruit of the
poisonous tree, including the gun.
560
00:27:39,930 --> 00:27:44,380
Your Honor, if the law doesn't give
people the sense it can protect them,
561
00:27:44,440 --> 00:27:47,280
they're going to end up
protecting themselves.
562
00:27:47,340 --> 00:27:49,450
JUDGE: And judges do what
in the meantime?
563
00:27:49,510 --> 00:27:52,920
Ignore the Constitution
when it suits us?
564
00:27:54,920 --> 00:27:56,990
I've got no choice here.
The charges are dismissed.
565
00:27:57,680 --> 00:28:00,760
The People can re-file
if you can make out a case
566
00:28:00,820 --> 00:28:03,500
without the
psychologist's profile.
567
00:28:11,230 --> 00:28:14,210
If we had committed him to a psych
facility in the first place,
568
00:28:14,270 --> 00:28:16,870
he'd still be there
instead of out on the street.
569
00:28:17,370 --> 00:28:19,280
It wouldn't be a problem
if they'd pass laws
570
00:28:19,340 --> 00:28:22,150
that would allow school teachers
and mental health professionals
571
00:28:22,210 --> 00:28:24,420
to release information
without a court order.
572
00:28:24,480 --> 00:28:26,010
Only they haven't done it yet.
573
00:28:26,080 --> 00:28:27,580
Which is why we need
a federal standard.
574
00:28:27,650 --> 00:28:31,220
Which we also don't have. Based on
the merits, the court was right.
575
00:28:31,720 --> 00:28:34,390
How can releasing a kid that we
know committed the crime be right?
576
00:28:34,920 --> 00:28:36,920
Doesn't it concern you at all
577
00:28:36,990 --> 00:28:40,030
that releasing a kid's name to
the public without a court order
578
00:28:40,090 --> 00:28:42,440
creates a feeding
frenzy for suspects?
579
00:28:42,500 --> 00:28:44,570
Not when someone else's
life is at stake.
580
00:28:44,630 --> 00:28:47,080
Except these cops
were given three names.
581
00:28:47,400 --> 00:28:50,780
One of them was dragged out of his
own neighborhood in handcuffs
582
00:28:50,840 --> 00:28:53,680
because nobody bothered
to verify the facts.
583
00:28:54,010 --> 00:28:56,780
The public looks to us
to maintain law and order,
584
00:28:56,840 --> 00:29:00,020
not run around like chickens
with our heads chopped off.
585
00:29:01,180 --> 00:29:04,060
(KNOCKING ON DOOR) Mr. McCoy,
Ms. Carmichael, car's here.
586
00:29:04,850 --> 00:29:06,520
Be right there.
Thanks.
587
00:29:07,350 --> 00:29:09,430
We're meeting with the parents
of some of the victims.
588
00:29:09,490 --> 00:29:12,330
We have to tell them about the
merits of the court's decision.
589
00:29:15,760 --> 00:29:18,330
So as a direct result
of the judge's decision,
590
00:29:18,400 --> 00:29:20,040
we had to let him go
this morning.
591
00:29:20,100 --> 00:29:21,580
What?
592
00:29:21,840 --> 00:29:24,820
You're saying this maniac
is back on the streets?
593
00:29:25,410 --> 00:29:27,580
He was released
into his parents' custody.
594
00:29:27,640 --> 00:29:30,210
They're the ones who couldn't
control him in the first place.
595
00:29:30,280 --> 00:29:32,760
Could this bastard
go back to school?
596
00:29:33,110 --> 00:29:35,020
JACK: I doubt he would.
WOMAN: But he could.
597
00:29:35,080 --> 00:29:36,190
HOW?
598
00:29:36,250 --> 00:29:39,490
How could this judge just let him go?
How could he just do that?
599
00:29:39,950 --> 00:29:42,520
The police gathered information
without a court order.
600
00:29:42,590 --> 00:29:44,730
Who the hell cares
how they found out?
601
00:29:44,790 --> 00:29:46,400
Everybody in here
knows he did it.
602
00:29:46,460 --> 00:29:47,870
Let me tell you something.
603
00:29:47,930 --> 00:29:51,640
This kid shows up anywhere near this
school, I'll take him out myself.
604
00:29:53,170 --> 00:29:55,370
We came here to let you
know about this situation,
605
00:29:55,440 --> 00:29:57,970
but please don't forget
we are officers of the court.
606
00:29:58,040 --> 00:30:00,750
That kind of talk could get
you into a world of trouble.
607
00:30:00,970 --> 00:30:04,050
What we are asking you to
do is try to remain calm
608
00:30:04,680 --> 00:30:06,250
and let us do our jobs.
609
00:30:08,680 --> 00:30:12,690
Our daughter Lilah was one
of the kids who was shot.
610
00:30:13,420 --> 00:30:15,590
The bullet severed
her spinal cord.
611
00:30:16,290 --> 00:30:18,430
They don't know
if she'll ever walk again.
612
00:30:19,230 --> 00:30:22,640
Lilah never did anything to that boy.
She didn't even know him.
613
00:30:23,160 --> 00:30:25,040
You can't just let him
walk away from this.
614
00:30:25,700 --> 00:30:28,510
You can't just tell us that
your hands are tied by the law.
615
00:30:30,470 --> 00:30:32,450
MAN: ls the D.A.'s office
even aware
616
00:30:32,510 --> 00:30:35,980
that there's a rumor this kid told
other kids he was gonna do this,
617
00:30:36,040 --> 00:30:38,320
and none of them
did anything about it?
618
00:30:39,010 --> 00:30:41,690
I'm sick of learning things
about this case after the fact.
619
00:30:41,750 --> 00:30:45,360
Hey, we talked to 52 kids who
were either in the cafeteria
620
00:30:45,420 --> 00:30:47,830
or had been identified
as friends of Semple.
621
00:30:47,890 --> 00:30:50,160
Nobody indicated that
there were prior threats.
622
00:30:50,220 --> 00:30:52,000
Well, apparently someone knew.
623
00:30:52,060 --> 00:30:53,970
The parents claim that
Semple told some kids
624
00:30:54,030 --> 00:30:55,470
he was going to
shoot the place up.
625
00:30:55,530 --> 00:30:56,840
Do they have any names?
626
00:30:56,900 --> 00:30:58,810
Detective, I had just told them
627
00:30:58,870 --> 00:31:02,240
that we had to cut Semple loose
because of your screw-up.
628
00:31:02,300 --> 00:31:05,110
I wasn't about to let them knew
they knew more than we did.
629
00:31:05,170 --> 00:31:08,880
Anytime you think you can do my job
better than me, just let me know.
630
00:31:08,940 --> 00:31:13,080
Your job is to gather
evidence we can use in court.
631
00:31:13,810 --> 00:31:15,350
Not make headlines
playing hero.
632
00:31:15,420 --> 00:31:17,290
That's what you think we were doing?
Let me tell you something.
633
00:31:17,350 --> 00:31:19,260
The next time you go into court
634
00:31:19,320 --> 00:31:21,890
and somebody draws a gun on you,
tell me how you deal with it.
635
00:31:21,960 --> 00:31:26,370
You don't like your job's requirements,
Detective, turn in your badge.
636
00:31:27,490 --> 00:31:29,570
CARMICHAEL: Gentlemen,
if we could just
637
00:31:29,630 --> 00:31:33,440
lower the level of testosterone
just a little bit.
638
00:31:36,970 --> 00:31:39,180
Now, why don't we try to figure
out away to find the kids
639
00:31:39,240 --> 00:31:41,410
who might have been
told beforehand.
640
00:31:45,110 --> 00:31:47,850
ED: You lied, Kevin.
We asked around.
641
00:31:48,420 --> 00:31:52,330
None of the kids remember you having
that camera at school before that day.
642
00:31:53,090 --> 00:31:55,430
BRISCOE: You told us you had
it with you all the time.
643
00:31:55,490 --> 00:31:56,630
MR. MILLER: Is that a crime?
644
00:31:56,690 --> 00:31:59,640
Making a mistake about when you
take your video camera to school?
645
00:31:59,690 --> 00:32:02,730
The Semple kid walked
with four dead.
646
00:32:02,800 --> 00:32:05,540
You think we're not gonna
nail somebody for that?
647
00:32:06,300 --> 00:32:09,040
The only thing people hate worse
than cops and lawyers, Kevin,
648
00:32:09,100 --> 00:32:10,340
is the media.
649
00:32:10,540 --> 00:32:11,850
Are you threatening him?
650
00:32:11,910 --> 00:32:15,110
We don't have to. All we have to do
is tell everybody in that school
651
00:32:15,180 --> 00:32:16,780
he knew what was gonna happen
652
00:32:17,040 --> 00:32:19,550
and we just sit back and
let nature take its course.
653
00:32:19,610 --> 00:32:21,150
I want your badge number.
654
00:32:21,350 --> 00:32:26,920
Look, just tell us who knew
what Henry Semple was planning.
655
00:32:27,650 --> 00:32:29,100
I'm calling my son a lawyer.
656
00:32:29,160 --> 00:32:30,830
You can do that, Mr. Miller,
you can call a lawyer.
657
00:32:30,890 --> 00:32:33,390
Nobody's gonna stop you, But
I just want to you to think
658
00:32:33,460 --> 00:32:36,130
about what your son is going
to take away from today.
659
00:32:37,030 --> 00:32:38,480
Four kids are dead.
660
00:32:39,770 --> 00:32:41,540
Your son could have
been one of them.
661
00:32:42,700 --> 00:32:44,310
So I just want you to
be sure in your heart
662
00:32:44,370 --> 00:32:47,010
that you're giving him the right
advice by asking for a lawyer
663
00:32:47,070 --> 00:32:49,580
rather than helping us
find the killer.
664
00:32:55,650 --> 00:32:56,960
Right now, Kev.
665
00:32:58,120 --> 00:32:59,530
Tell 'em who told you.
666
00:33:00,450 --> 00:33:01,800
Right now, Kev.
667
00:33:05,690 --> 00:33:07,800
I didn't even know
who this kid was.
668
00:33:09,600 --> 00:33:11,740
Some kids gave him my number
669
00:33:13,470 --> 00:33:15,500
and he called me
the night before.
670
00:33:16,740 --> 00:33:18,510
He said maybe I should
bring a camera.
671
00:33:19,340 --> 00:33:23,580
He said some big-ass thing was
going to happen with Henry Semple.
672
00:33:27,310 --> 00:33:29,190
But I didn't know what.
673
00:33:35,490 --> 00:33:38,470
The name, video boy, the name.
674
00:33:39,460 --> 00:33:41,740
I thought Henry
was only joking.
675
00:33:42,030 --> 00:33:44,440
ED: What did you think was going to
come out of that gun he showed you?
676
00:33:44,500 --> 00:33:45,740
A flag that says "bang"?
677
00:33:45,800 --> 00:33:47,970
I didn't think he'd do it.
678
00:33:48,470 --> 00:33:51,750
BRISCOE: Then why call Kevin Miller
and tell him to bring his video?
679
00:33:51,810 --> 00:33:54,880
ED: You knew what was going to happen, didn't you?
You wanted it to happen.
680
00:33:54,940 --> 00:33:56,080
I didn't.
681
00:33:56,140 --> 00:33:58,090
BRISCOE: Only you
didn't tell anybody.
682
00:33:58,980 --> 00:34:01,550
Look, Paul,
four kids are dead now.
683
00:34:01,620 --> 00:34:03,320
There's nothing you can
do to change that.
684
00:34:04,050 --> 00:34:05,530
But if Henry goes out and
he kills somebody else,
685
00:34:05,590 --> 00:34:07,500
you gonna tell us you didn't
know about it then, too?
686
00:34:07,550 --> 00:34:09,530
The only reason Henry told me
687
00:34:09,590 --> 00:34:12,500
was 'cause he knew I got
picked on just like he did.
688
00:34:14,860 --> 00:34:16,810
You got no idea what it's like
689
00:34:17,760 --> 00:34:21,270
to come to school every day and know
these kids are gonna screw with you.
690
00:34:21,700 --> 00:34:25,270
That they're gonna steal your
money, mess you up in the bathroom.
691
00:34:26,240 --> 00:34:29,080
Once Henry did this drawing
he was real proud of,
692
00:34:29,140 --> 00:34:31,180
and these jocks
just pissed on it.
693
00:34:31,910 --> 00:34:34,290
Then they made him
put it back in his backpack.
694
00:34:37,280 --> 00:34:39,360
I didn't think he'd
really do it, though.
695
00:34:40,050 --> 00:34:41,690
I really didn't.
696
00:34:43,590 --> 00:34:46,500
You have a kid who'll say he thought
Henry wasn't serious. That's it.
697
00:34:46,560 --> 00:34:48,130
JACK: And another
who made the video.
698
00:34:48,190 --> 00:34:49,700
Who can't make an ID.
699
00:34:50,230 --> 00:34:53,040
A jury puts the two together,
we think we have a shot.
700
00:34:53,100 --> 00:34:55,140
What about when they hear
another kid told the police
701
00:34:55,200 --> 00:34:56,980
that Howard Earl
was the shooter?
702
00:34:57,040 --> 00:34:58,540
Or that a guidance
counselor blamed a girl
703
00:34:58,610 --> 00:35:00,110
who doesn't even attend
the school anymore?
704
00:35:00,170 --> 00:35:02,310
Jurors read the papers
same as we do.
705
00:35:02,380 --> 00:35:05,320
They know Henry did it They know
he got off on a technicality.
706
00:35:05,380 --> 00:35:06,880
If you think they're not
going to jump at a chance
707
00:35:06,950 --> 00:35:09,120
to convict him this time
around you're wrong.
708
00:35:09,620 --> 00:35:13,000
Somebody better remind her of her
ethical obligations as a prosecutor.
709
00:35:13,950 --> 00:35:17,330
You mean the one that says I should put
someone on trial who I think is guilty?
710
00:35:17,390 --> 00:35:19,730
No, the one that says
you need evidence to do it.
711
00:35:19,990 --> 00:35:22,000
I just told you our evidence.
712
00:35:24,300 --> 00:35:25,610
You'd go along with that?
713
00:35:26,430 --> 00:35:28,310
What's our alternative, Jamie?
714
00:35:28,370 --> 00:35:29,710
Make a civil commitment.
715
00:35:29,770 --> 00:35:31,510
Declare Henry not competent
to stand trial,
716
00:35:31,570 --> 00:35:33,410
and he goes to
a secure psychiatric facility.
717
00:35:33,470 --> 00:35:36,110
So some shrink can release
him a few years from now?
718
00:35:36,180 --> 00:35:37,550
No, I don't think so.
719
00:35:37,610 --> 00:35:40,350
And what would be the basis
for his incompetency?
720
00:35:40,880 --> 00:35:42,920
Henry has a mental defect.
721
00:35:43,480 --> 00:35:46,020
He was thrown from a horse
when he was six.
722
00:35:46,290 --> 00:35:49,130
He had seizures. They thought
there was brain damage.
723
00:35:49,820 --> 00:35:51,200
You're joking.
724
00:35:51,730 --> 00:35:54,470
We have no illusions about
our son, Ms. Carmichael.
725
00:35:55,200 --> 00:35:57,200
We're just trying
to figure this out.
726
00:35:58,500 --> 00:36:00,500
Well, it sounds like you're
looking for away out.
727
00:36:00,570 --> 00:36:04,810
I have three other children. Good kids.
I don't want them hurt.
728
00:36:04,870 --> 00:36:08,880
I also don't want Henry in Sing
Sing for the rest of his life.
729
00:36:09,910 --> 00:36:11,320
Not at 16.
730
00:36:12,380 --> 00:36:14,550
At least let him talk
to Skoda, Jack.
731
00:36:14,610 --> 00:36:16,290
What harm is there in that?
732
00:36:21,990 --> 00:36:23,430
EMIL: I hear you draw.
733
00:36:25,390 --> 00:36:26,630
Yeah.
734
00:36:27,760 --> 00:36:29,070
You any good?
735
00:36:31,700 --> 00:36:32,800
Don't know.
736
00:36:33,230 --> 00:36:34,800
How did you feel when
those kids urinated
737
00:36:34,870 --> 00:36:37,680
on that picture you made and
stuck it in your backpack?
738
00:36:41,110 --> 00:36:42,590
The way this works, Henry, is
739
00:36:42,640 --> 00:36:45,750
you answer my questions,
then I talk to the D.A.
740
00:36:46,380 --> 00:36:48,790
and tell them what I think
about what you said.
741
00:36:50,050 --> 00:36:51,620
Can you do that?
742
00:36:54,720 --> 00:36:56,200
Have a seat.
743
00:37:05,470 --> 00:37:07,950
These kids at school
were pretty rough on you?
744
00:37:09,970 --> 00:37:11,540
They never left me alone.
745
00:37:12,240 --> 00:37:14,910
Was that what you wanted?
To be left alone?
746
00:37:16,510 --> 00:37:17,890
I wanted to fit in.
747
00:37:20,080 --> 00:37:21,620
Why do you think you didn't?
748
00:37:25,120 --> 00:37:26,360
Don't know.
749
00:37:27,220 --> 00:37:28,960
Well, you must have some idea.
750
00:37:30,960 --> 00:37:33,370
When we lived in Virginia,
it was different.
751
00:37:34,160 --> 00:37:36,110
There weren't so many of them.
752
00:37:38,330 --> 00:37:41,280
Till my dad got this
new job in the city.
753
00:37:43,040 --> 00:37:45,140
I guess they all thought
I was different.
754
00:37:45,970 --> 00:37:47,540
Did you feel different?
755
00:37:48,370 --> 00:37:49,610
Maybe.
756
00:37:50,780 --> 00:37:53,920
That still didn't give 'em any
right to trash me like they did.
757
00:37:56,320 --> 00:37:58,590
You think they got
what they deserved, then?
758
00:38:00,720 --> 00:38:02,290
Not for me to say.
759
00:38:03,220 --> 00:38:05,760
Just the same,
if you were the one to say.
760
00:38:07,560 --> 00:38:09,870
I don't know.
Maybe.
761
00:38:12,770 --> 00:38:14,910
Heard they're not making
fun of me anymore.
762
00:38:16,070 --> 00:38:18,710
Heard they're even scared
I might come back.
763
00:38:20,170 --> 00:38:23,150
That's sort of cool.
Right?
764
00:38:26,010 --> 00:38:28,930
If you're asking me if he knew
right from wrong, no question.
765
00:38:29,180 --> 00:38:30,660
If you're asking me
whether he should
766
00:38:30,720 --> 00:38:32,820
spend the rest of
his life in prison,
767
00:38:32,890 --> 00:38:34,590
it's a tougher call.
768
00:38:34,650 --> 00:38:35,690
Why?
769
00:38:35,760 --> 00:38:39,640
Because the fact remains a teenage
brain's different from an adult's.
770
00:38:39,690 --> 00:38:40,900
Different how?
771
00:38:40,960 --> 00:38:43,440
Still maturing, same as
the rest of the body.
772
00:38:44,000 --> 00:38:47,470
Frontal lobes, parts responsible
for executive functioning,
773
00:38:47,530 --> 00:38:50,880
self-control, judgment,
emotional regulation.
774
00:38:51,270 --> 00:38:54,510
We all went to high school.
We all had problems.
775
00:38:54,570 --> 00:38:57,020
None of us picked up a gun
and killed anyone.
776
00:38:57,080 --> 00:39:00,180
I'm just saying there's some
science behind the phenomenon.
777
00:39:00,580 --> 00:39:03,190
Androgen, for example,
that effects the amygdala.
778
00:39:03,250 --> 00:39:06,250
Part of the brain that controls
things like fear and anger.
779
00:39:07,120 --> 00:39:10,860
It's like I said. If you're asking me
if he knew right from wrong, he did.
780
00:39:11,460 --> 00:39:13,300
The rest is up to you guys.
781
00:39:14,890 --> 00:39:16,240
Thanks for the grub.
782
00:39:16,630 --> 00:39:18,110
Sure thing.
783
00:39:21,700 --> 00:39:22,910
The bottom line is,
784
00:39:22,970 --> 00:39:25,880
your son was able to appreciate
the nature of his actions.
785
00:39:26,170 --> 00:39:30,020
And the PET scan showed no organic
injury to the brain from any fall.
786
00:39:31,640 --> 00:39:32,920
Which means what?
787
00:39:33,610 --> 00:39:34,720
They're going to trial.
788
00:39:34,780 --> 00:39:37,630
Unless your client wants to
save the taxpayers some money.
789
00:39:37,680 --> 00:39:39,290
A roll of the dice, Jack?
790
00:39:39,720 --> 00:39:41,260
Think of what's at stake.
791
00:39:41,620 --> 00:39:43,070
CARMICHAEL: We'll take
our chances.
792
00:39:43,490 --> 00:39:45,130
MR. SEMPLE:
You'll take your chances?
793
00:39:46,390 --> 00:39:48,500
Then what the hell happens
when they find him not guilty?
794
00:39:49,260 --> 00:39:50,400
Bill...
No.
795
00:39:52,470 --> 00:39:54,310
What are we all
going to do then?
796
00:39:55,170 --> 00:39:57,270
I'll tell you what.
Nothing.
797
00:39:58,970 --> 00:40:00,540
Because then he'll be out.
798
00:40:01,140 --> 00:40:03,520
He'll be out and maybe
hurt other people.
799
00:40:07,680 --> 00:40:09,630
Let him go to a hospital, Jack.
800
00:40:09,980 --> 00:40:12,330
There's no basis for it
in the law.
801
00:40:12,390 --> 00:40:15,060
An insanity plea
would be a fraud here.
802
00:40:15,120 --> 00:40:17,430
And an acquittal?
What will that be?
803
00:40:20,630 --> 00:40:22,000
He hurt our daughter.
804
00:40:23,400 --> 00:40:24,640
Two years ago.
805
00:40:25,500 --> 00:40:26,810
He broke her arm.
806
00:40:27,730 --> 00:40:28,940
And now he walks
around the house...
807
00:40:29,000 --> 00:40:30,950
Bill, please.
808
00:40:32,070 --> 00:40:33,570
He's our son.
809
00:40:35,640 --> 00:40:37,280
Yes, he's our son.
810
00:40:38,750 --> 00:40:40,450
Then how can we?
811
00:40:42,980 --> 00:40:44,830
How can you what,
Mr. Semple?
812
00:40:52,560 --> 00:40:55,600
He'll spend the rest of his life in prison.
You realize that.
813
00:40:57,330 --> 00:40:59,000
JACK: Mr. Semple?
814
00:41:00,830 --> 00:41:02,180
MRS. SEMPLE: Bill...
815
00:41:04,240 --> 00:41:06,380
No, please.
816
00:41:08,940 --> 00:41:11,080
What choice
do I have, Patricia?
817
00:41:11,540 --> 00:41:13,990
Please tell me,
what choice do I have?
818
00:41:16,020 --> 00:41:18,290
Oh, sweet Jesus.
819
00:41:22,120 --> 00:41:23,760
He confessed.
820
00:41:25,590 --> 00:41:26,970
Okay?
821
00:41:28,860 --> 00:41:31,000
My son confessed to me.
822
00:41:53,220 --> 00:41:55,560
JACK: Where did this
conversation take place?
823
00:41:55,920 --> 00:41:57,490
MR. SEMPLE: In my son's room.
824
00:41:57,560 --> 00:42:01,200
It was personal.
That was between you and me.
825
00:42:01,830 --> 00:42:04,330
JUDGE: Control your client,
Ms. Ross.
826
00:42:09,440 --> 00:42:11,880
JACK: What did your son
say to you, Mr. Semple?
827
00:42:13,840 --> 00:42:16,050
Mr. Semple, what did
your son tell you?
828
00:42:19,610 --> 00:42:21,890
I came home as soon as
my wife called me
829
00:42:21,950 --> 00:42:24,190
and told me what
happened at the school.
830
00:42:25,590 --> 00:42:27,260
I asked her where Henry was.
831
00:42:28,220 --> 00:42:31,460
When I went into his room, he
was just sitting on his bed.
832
00:42:32,190 --> 00:42:35,100
The lights weren't on, but I could
tell that he'd been crying.
833
00:42:35,460 --> 00:42:36,800
JACK: What did you do?
834
00:42:39,370 --> 00:42:41,110
I put my arm around him,
835
00:42:42,240 --> 00:42:43,740
sat next to him.
836
00:42:45,670 --> 00:42:47,150
What did he say?
837
00:42:47,670 --> 00:42:50,180
That he was scared.
Scared about going to school.
838
00:42:50,980 --> 00:42:53,820
Scared of what some of the
other kids might do to him?
839
00:42:59,290 --> 00:43:01,460
Scared about
what he'd done to them.
840
00:43:03,720 --> 00:43:07,600
Scared that he'd missed
some of the real jerks
841
00:43:07,660 --> 00:43:11,010
and wouldn't get a chance to
take them out again before...
842
00:43:15,370 --> 00:43:18,180
JACK: What made you finally
come forward, Mr. Semple?
843
00:43:25,550 --> 00:43:27,290
Because I was scared, too.
844
00:43:27,550 --> 00:43:29,580
Scared that he'll do it again.
845
00:43:35,560 --> 00:43:36,800
Henry.
846
00:43:38,560 --> 00:43:40,630
Henry, for God sakes!
847
00:43:54,670 --> 00:43:57,990
I understand from your note
the jury's reached a verdict.
848
00:43:58,540 --> 00:43:59,920
We have, Your Honor.
849
00:44:01,010 --> 00:44:03,490
Will the defendant please rise.
850
00:44:07,490 --> 00:44:08,990
You may read the verdict.
851
00:44:10,320 --> 00:44:12,560
JURY FOREWOMAN: On the first
four counts of the indictment
852
00:44:12,630 --> 00:44:15,160
charging Murder
in the Second Degree,
853
00:44:15,230 --> 00:44:18,180
we find the defendant
Henry Semple
854
00:44:19,230 --> 00:44:20,640
guilty,
855
00:44:28,140 --> 00:44:29,450
Daddy?
856
00:44:51,360 --> 00:44:55,140
I understand his father's going to
ask for leniency at the sentencing.
857
00:44:55,740 --> 00:44:59,480
I doubt anything's going to save this
kid from life in prison at this point.
858
00:45:00,570 --> 00:45:02,420
With what's waiting for him
859
00:45:02,480 --> 00:45:04,550
it might have been kinder
to give him the needle.
860
00:45:05,950 --> 00:45:07,720
Either works for me.
68567
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