1 00:00:00,590 --> 00:00:02,330 In the criminal justice system, 2 00:00:02,330 --> 00:00:05,931 sexually-based offenses are considered especially heinous 3 00:00:05,931 --> 00:00:07,092 In New York City, 4 00:00:07,092 --> 00:00:10,457 the dedicated detectives who investigate these vicious felonies are members 5 00:00:10,457 --> 00:00:13,388 of an elite squad known as The Special Victims Unit. 6 00:00:13,388 --> 00:00:15,558 These are their stories. 7 00:00:25,892 --> 00:00:27,236 Let go, it's mine. 8 00:00:27,236 --> 00:00:30,345 Okay, now it's mine. 9 00:00:35,831 --> 00:00:37,486 Hey, boys, here you go. 10 00:00:38,180 --> 00:00:39,281 Come on, man, let's go. 11 00:00:39,281 --> 00:00:41,261 - Play nice. - Hey, Mama. 12 00:00:41,411 --> 00:00:42,609 Get away from here. 13 00:00:42,609 --> 00:00:44,525 - Right now. - What, bitch? 14 00:00:44,525 --> 00:00:46,020 I think you need to chill. 15 00:00:46,020 --> 00:00:47,922 Charlie, can you send... 16 00:00:54,722 --> 00:00:55,892 Help! 17 00:00:56,365 --> 00:00:58,735 God, please, somebody help! 18 00:01:01,073 --> 00:01:02,986 Oh, Jesus! 19 00:01:02,986 --> 00:01:04,727 Come here. Help! 20 00:01:04,727 --> 00:01:07,007 Help! Somebody, please! 21 00:01:08,587 --> 00:01:10,222 Help me! 22 00:01:10,222 --> 00:01:11,876 Help! 23 00:01:17,559 --> 00:01:18,955 What? 24 00:01:19,092 --> 00:01:22,011 There was a shooting at P.S. 387 in East Harlem 25 00:01:22,011 --> 00:01:24,519 six year old girl, died at the scene. 26 00:01:24,519 --> 00:01:26,779 They're bringing the shooter up now. 27 00:01:26,914 --> 00:01:28,713 Why did we catch it? 28 00:01:28,861 --> 00:01:31,175 Brass thinks we're better equipped to handle him. 29 00:01:31,175 --> 00:01:33,090 Good. Bring on the pervert. 30 00:02:19,914 --> 00:02:23,559 Law & Order SVU 2x05 Baby Killer 31 00:02:26,257 --> 00:02:29,000 ORIGINAL AIR DATE ON NBC: 2000/11/17 32 00:02:34,170 --> 00:02:37,064 Does that look like a cold-blooded killer to you? 33 00:02:39,212 --> 00:02:41,171 Where are we on the parents? 34 00:02:41,171 --> 00:02:44,158 Both of them called in sick today. Nobody knows how to find them. 35 00:02:44,158 --> 00:02:46,518 Well, that fills in a few blanks for me. 36 00:02:46,518 --> 00:02:48,631 Can you even charge a 7-year-old with murder? 37 00:02:48,631 --> 00:02:51,726 - Technically, he just made the cutoff. - Det. Benson? 38 00:02:51,817 --> 00:02:52,589 Yes. 39 00:02:52,589 --> 00:02:55,122 You left a message. Our son, Elias, was involved in a shooting? 40 00:02:55,122 --> 00:02:57,753 They gave this address, not a hospital, is he... 41 00:02:57,753 --> 00:02:59,480 Oh, God! Please say he's alive. 42 00:02:59,480 --> 00:03:02,183 Mrs. Barrera, I'm sorry about the misunderstanding. 43 00:03:02,183 --> 00:03:03,954 Elias wasn't the one who was shot. 44 00:03:03,954 --> 00:03:05,469 Oh, thank God. 45 00:03:05,469 --> 00:03:07,267 He was the shooter. 46 00:03:07,930 --> 00:03:09,006 What? 47 00:03:09,006 --> 00:03:11,068 - Sir, do you own a gun? - No. 48 00:03:11,068 --> 00:03:12,559 Does your son have access to one? 49 00:03:12,559 --> 00:03:13,806 I don't know how. 50 00:03:13,806 --> 00:03:16,017 He's either at home, school, or his sitter's. 51 00:03:16,017 --> 00:03:18,754 - And who's that? - Mrs. Strada. Where's our son? 52 00:03:18,754 --> 00:03:21,184 We want to talk to him with you. 53 00:03:21,184 --> 00:03:23,172 But we can't do that without your permission. 54 00:03:23,172 --> 00:03:24,791 If you would sign a Miranda waiver... 55 00:03:24,791 --> 00:03:27,246 Fine. That's fine. Just let us see him. 56 00:03:27,246 --> 00:03:29,184 Okay, come with me please. 57 00:03:34,065 --> 00:03:36,000 You run them through License Division? 58 00:03:36,000 --> 00:03:37,672 He had no guns registered. 59 00:03:37,672 --> 00:03:39,884 Of course, the serial number was filed off the gun he used. 60 00:03:39,884 --> 00:03:41,644 Punched them in the system, clean sheets. 61 00:03:41,644 --> 00:03:43,133 No arrests, no warrant. 62 00:03:43,133 --> 00:03:45,073 We were at the emergency room all morning. 63 00:03:45,073 --> 00:03:47,098 My baby girl was born with a respiratory problem. 64 00:03:47,098 --> 00:03:48,991 We had to leave her at the hospital. 65 00:03:48,991 --> 00:03:51,097 Why don't you take a seat here. 66 00:03:51,258 --> 00:03:52,758 Elias? 67 00:04:03,157 --> 00:04:05,359 It's okay. All right. 68 00:04:05,359 --> 00:04:07,952 Elias, why don't we have you sit right here. 69 00:04:09,178 --> 00:04:12,281 Hi, Elias, I'm Elliot. How are you doing? 70 00:04:12,841 --> 00:04:15,116 We're going to talk today, is that okay? 71 00:04:15,695 --> 00:04:17,521 Do you like school? 72 00:04:17,730 --> 00:04:19,542 - What grade are you in? - Second. 73 00:04:19,542 --> 00:04:21,188 Second. That's a good grade. 74 00:04:21,188 --> 00:04:22,671 I like second grade. 75 00:04:22,671 --> 00:04:24,789 What's your favorite subject? 76 00:04:26,788 --> 00:04:31,573 Okay. We're going to talk a little bit about what happened today. Okay? 77 00:04:32,026 --> 00:04:34,414 Do you know Carly Jackson? 78 00:04:34,414 --> 00:04:35,717 Yeah? 79 00:04:35,717 --> 00:04:38,150 What can you tell me about Carly? 80 00:04:38,370 --> 00:04:40,510 She's a girl. 81 00:04:41,785 --> 00:04:43,412 Yeah. 82 00:04:44,365 --> 00:04:46,058 Yeah. 83 00:04:46,334 --> 00:04:48,266 You like Carly? 84 00:04:50,099 --> 00:04:52,281 No? How come? 85 00:04:52,573 --> 00:04:54,870 She's always bothering me. 86 00:04:54,870 --> 00:04:56,852 How does she bother you? 87 00:04:56,852 --> 00:04:59,553 She chases me. 88 00:04:59,830 --> 00:05:02,225 She tries to kiss me. 89 00:05:02,584 --> 00:05:03,726 Okay. 90 00:05:04,543 --> 00:05:09,046 Can you tell me what happened to Carly at recess? 91 00:05:10,371 --> 00:05:12,762 She fell down. 92 00:05:14,258 --> 00:05:16,641 What made her fall down? 93 00:05:22,322 --> 00:05:24,097 The gun. 94 00:05:24,724 --> 00:05:27,669 The gun. Okay. 95 00:05:30,281 --> 00:05:32,958 Who's holding the gun? 96 00:05:34,100 --> 00:05:36,997 Is Carly going to be okay? 97 00:05:40,459 --> 00:05:44,129 Elias, tell me who had the gun. 98 00:05:47,661 --> 00:05:49,951 I did. 99 00:05:50,527 --> 00:05:53,130 You know what, I think we should get a lawyer before we go on. 100 00:05:53,130 --> 00:05:55,733 Okay, sir. That's fine. You get a lawyer. 101 00:05:55,733 --> 00:05:57,240 We got a phone out there. 102 00:05:57,240 --> 00:05:59,485 He has to stay with us, okay. 103 00:05:59,719 --> 00:06:00,727 Get Fin. 104 00:06:00,727 --> 00:06:03,207 Check out friends, family, neighbors, school... 105 00:06:03,207 --> 00:06:05,541 anyone he could have got that gun from. 106 00:06:05,541 --> 00:06:09,833 As slipshod as the screening process is, I doubt he bought it himself. 107 00:06:12,927 --> 00:06:15,528 Watch it. Watch your back. Come on. 108 00:06:28,737 --> 00:06:30,687 Elias and Carly fight a lot? 109 00:06:30,687 --> 00:06:33,262 Neither had been sent to my office. 110 00:06:33,262 --> 00:06:35,044 Where were you when it happened? 111 00:06:35,044 --> 00:06:36,687 Over there. 112 00:06:36,687 --> 00:06:39,219 I ran to her, called for help, 113 00:06:39,219 --> 00:06:41,397 and then I saw Elias. 114 00:06:41,397 --> 00:06:43,144 Where exactly? 115 00:06:43,633 --> 00:06:47,002 Putting the gun in the garbage can. 116 00:06:49,164 --> 00:06:52,531 Elias said that Carly picked on him. 117 00:06:52,531 --> 00:06:55,615 Carly was the sweetest little girl. 118 00:06:57,428 --> 00:06:59,482 Did we miss something? 119 00:06:59,843 --> 00:07:03,499 He wasn't a troublemaker. He didn't even talk in line. 120 00:07:04,658 --> 00:07:07,741 Home of Mrs.Dorothea Strada 1630 Lexington Avenue Tuesday, November 7 121 00:07:07,741 --> 00:07:09,676 He's always been an angel. 122 00:07:09,676 --> 00:07:11,769 What made Elias do this? 123 00:07:11,913 --> 00:07:13,720 That's what we're trying to find out. 124 00:07:13,720 --> 00:07:16,978 Mrs. Strada, do you keep a gun here on the premises? 125 00:07:18,111 --> 00:07:19,120 Please. 126 00:07:19,120 --> 00:07:22,054 The kids you watch, could any of them have brought one in here? 127 00:07:22,054 --> 00:07:24,152 Absolutely not. 128 00:07:24,152 --> 00:07:26,167 You wouldn't happen to have a phone list for the parents, would you? 129 00:07:26,167 --> 00:07:28,996 Of course I do. Work and home. 130 00:07:28,996 --> 00:07:30,687 By the phone desk over there. 131 00:07:30,687 --> 00:07:32,900 Yeah, we'll need a copy of that. 132 00:07:34,775 --> 00:07:38,334 Rudy, it's Buddy's turn. 133 00:07:42,171 --> 00:07:45,347 Ma'am, are you responsible for every kid around here? 134 00:07:45,347 --> 00:07:47,801 Yes. They don't talk to strangers 135 00:07:47,801 --> 00:07:50,483 they don't leave the courtyard without an adult. 136 00:07:50,483 --> 00:07:53,633 I take my job very seriously, young man. 137 00:07:53,803 --> 00:07:57,346 Okay, Sammy, where did Elias get the gun? 138 00:07:57,346 --> 00:07:59,034 From his pants. 139 00:07:59,034 --> 00:08:01,095 - Before that? - I don't know. 140 00:08:01,095 --> 00:08:03,131 - Did he ever talk about having a gun? - No. 141 00:08:03,131 --> 00:08:06,440 When's the first time you saw the gun? 142 00:08:07,330 --> 00:08:09,450 When he shot Carly. 143 00:08:09,450 --> 00:08:11,871 Why did Elias shoot Carly? 144 00:08:12,017 --> 00:08:13,407 I don't know. 145 00:08:13,407 --> 00:08:15,743 She pick on him a lot? 146 00:08:16,673 --> 00:08:19,697 She kissed him all the time. 147 00:08:20,168 --> 00:08:22,437 What would he do when she kissed him? 148 00:08:22,437 --> 00:08:24,369 His face would get all red. 149 00:08:24,369 --> 00:08:26,842 Did she try to kiss him that day? 150 00:08:26,842 --> 00:08:29,388 She was walking over. 151 00:08:29,667 --> 00:08:31,924 Cabot's hell bent on charging the parents. 152 00:08:31,924 --> 00:08:33,138 Parental responsibility. 153 00:08:33,138 --> 00:08:34,869 It's a hot-button issue. That's all it is. 154 00:08:34,869 --> 00:08:37,691 - Well, we've got no ammunition for her. - Nothing about this makes sense. 155 00:08:37,691 --> 00:08:39,880 Child homicides never do. 156 00:08:40,959 --> 00:08:43,421 What happened to that little boy to make him want to take a life? 157 00:08:43,421 --> 00:08:46,062 Elliot, you're searching for a way to make him a victim. 158 00:08:46,062 --> 00:08:48,847 The only victim here is a dead little girl. 159 00:08:50,130 --> 00:08:51,511 Hi, can we help you? 160 00:08:51,511 --> 00:08:55,583 Yes, I'm Sonia Paredes, Elias Barrera's teacher. 161 00:08:55,873 --> 00:09:00,289 The limit for class size is supposed to be 32 students. I have 40. 162 00:09:00,289 --> 00:09:03,127 It must make it kind of hard to give each student the attention they need. 163 00:09:03,127 --> 00:09:04,825 Impossible. 164 00:09:04,825 --> 00:09:07,825 I was in the teachers' lounge when they told us. 165 00:09:07,825 --> 00:09:11,058 When they said it was Elias, I got physically ill. 166 00:09:11,058 --> 00:09:14,393 Mrs. Paredes, is there something that you want to show us? 167 00:09:14,726 --> 00:09:18,945 After 20 years of teaching, nothing shocks you anymore. 168 00:09:18,945 --> 00:09:20,857 I wish this had. 169 00:09:23,786 --> 00:09:26,016 When did he draw this? 170 00:09:26,016 --> 00:09:27,957 Yesterday. 171 00:09:29,018 --> 00:09:31,493 Carly had a ponytail. 172 00:09:32,034 --> 00:09:34,234 Office of Chief Assistant District Attorney Charlie Phillips Tuesday, November 7 173 00:09:34,234 --> 00:09:35,938 - Charge the boy. - With what? 174 00:09:35,938 --> 00:09:37,563 - Murder. - He's seven. 175 00:09:37,563 --> 00:09:38,824 Yes, and if he were six, 176 00:09:38,824 --> 00:09:40,962 I would send him home with his parents as the law mandates. 177 00:09:40,962 --> 00:09:44,477 But he's not. The law is not interpretive, Counselor. 178 00:09:44,477 --> 00:09:47,282 It is to be very narrowly construed. He can be charged. 179 00:09:47,282 --> 00:09:49,180 He can, but you know as well as I do 180 00:09:49,180 --> 00:09:51,021 that the youngest they've ever convicted was 11. 181 00:09:51,021 --> 00:09:52,494 Yes, but that was pre-Columbine. 182 00:09:52,494 --> 00:09:54,507 Since then, there's been an epidemic of 183 00:09:54,507 --> 00:09:57,081 ever younger kids killing kids with no consequence. 184 00:09:57,081 --> 00:09:58,352 People are fed up with it. 185 00:09:58,352 --> 00:10:01,131 And you're bored of being the Chief Assistant DA. 186 00:10:01,131 --> 00:10:03,719 I know you're looking to replace Lewin next fall but let me tell you, 187 00:10:03,719 --> 00:10:05,085 if you think you could put a little boy in jail 188 00:10:05,085 --> 00:10:08,703 just so you can prove you're tough on crime, you've got to be kidding. 189 00:10:11,100 --> 00:10:14,251 He's old enough to know the difference between right and wrong. 190 00:10:14,251 --> 00:10:16,803 But not to understand the consequences of his actions. 191 00:10:16,803 --> 00:10:18,815 He brought a gun to school. 192 00:10:18,815 --> 00:10:20,312 He knew what he was doing. 193 00:10:20,312 --> 00:10:24,301 And this, that gives us intent. 194 00:10:25,145 --> 00:10:27,173 Why don't you just apply for a change of venue to Texas 195 00:10:27,173 --> 00:10:28,602 so we can have him executed? 196 00:10:28,602 --> 00:10:31,741 No, Manhattan Family Court will be sufficient. 197 00:10:33,692 --> 00:10:37,295 Ms. Cabot, am I reading this right you're charging a 7-year-old with murder? 198 00:10:37,295 --> 00:10:38,624 Yes, Your Honor. 199 00:10:38,624 --> 00:10:40,836 Surely there's an alternative. 200 00:10:40,836 --> 00:10:42,988 One has yet to present itself. 201 00:10:42,988 --> 00:10:45,821 The commission of the crime by the respondent is undisputed. 202 00:10:45,821 --> 00:10:49,561 And evidence supporting criminal intent has just come to light. 203 00:10:49,561 --> 00:10:50,931 How does the minor plead? 204 00:10:50,931 --> 00:10:53,017 General denial, Your Honor. 205 00:10:53,017 --> 00:10:54,471 Remand recommendations? 206 00:10:54,471 --> 00:10:58,161 The People have not ruled out the minor's home situation as a contributing factor. 207 00:10:58,161 --> 00:11:00,569 We therefore ask for the removal of the minor from his home 208 00:11:00,569 --> 00:11:03,427 and ask that he be remanded to a detention facility Pending trial. 209 00:11:03,427 --> 00:11:06,671 Your Honor, the Barreras are a loving, law-abiding, nuclear family. 210 00:11:06,671 --> 00:11:09,917 - Elias should be released into their custody. - The Barreras have ties outside the country. 211 00:11:09,917 --> 00:11:12,022 Flight risk is a significant issue with the People 212 00:11:12,022 --> 00:11:15,004 and the victim's family who is here today. 213 00:11:15,004 --> 00:11:18,719 I'm ordering the minor be remanded to the Wagner Detention Facility. 214 00:11:18,719 --> 00:11:21,759 I'm further ordering a clinical evaluation to determine whether or 215 00:11:21,759 --> 00:11:26,693 not he understands the charges against him and can help in his own defense. 216 00:11:27,240 --> 00:11:29,547 No! Please, don't take my baby. 217 00:11:29,547 --> 00:11:31,561 Mommy! / Oh, please! 218 00:11:46,127 --> 00:11:49,738 Olivia, can you believe they ran this picture? 219 00:11:49,738 --> 00:11:52,869 Already a couple of hundred people hanging outside the courthouse. 220 00:11:52,869 --> 00:11:56,621 Who'd have guessed there'd be backlash against charging a 7-year-old with murder? 221 00:11:56,621 --> 00:11:59,684 Amnesty International, Children's Defense Fund. 222 00:11:59,684 --> 00:12:02,150 - Alex Cabot. - I didn't want to charge him with murder. 223 00:12:02,150 --> 00:12:03,520 I didn't have any choice. 224 00:12:03,520 --> 00:12:06,650 Now that you've got him in the big house, is he spilling? 225 00:12:06,650 --> 00:12:08,021 Why he did it? Where he got the gun? 226 00:12:08,021 --> 00:12:09,659 No, he's completely withdrawn. 227 00:12:09,659 --> 00:12:11,166 He won't even talk to the social worker. 228 00:12:11,166 --> 00:12:13,327 How about spending less time on the kid we caught, 229 00:12:13,327 --> 00:12:15,328 more on the adult we didn't. 230 00:12:15,328 --> 00:12:17,141 What did we send License Division? 231 00:12:17,141 --> 00:12:20,153 The names of parents of the other kids Mrs. Strada watches. 232 00:12:20,153 --> 00:12:23,851 Really? Well, guess what Reyna McCreary owns? 233 00:12:23,851 --> 00:12:25,972 He did not get that gun from my son. 234 00:12:25,972 --> 00:12:28,221 The gun registered in your name is still in your possession? 235 00:12:28,221 --> 00:12:29,404 Yes, it is. 236 00:12:29,404 --> 00:12:32,307 - You mind if we take a peek at it? - Yes, I do. 237 00:12:33,729 --> 00:12:35,383 There. You satisfied? 238 00:12:35,383 --> 00:12:37,685 Put the gun down on the table. 239 00:12:38,820 --> 00:12:40,819 You carry that around in your purse? 240 00:12:40,819 --> 00:12:43,785 You know, sometimes I don't leave the hospital till 3:00 a.m. 241 00:12:43,785 --> 00:12:45,464 I have to take a subway, a bus 242 00:12:45,464 --> 00:12:47,852 and walk four blocks through this neighborhood to get home. 243 00:12:47,852 --> 00:12:50,173 You know, carrying a concealed weapon is a felony. 244 00:12:50,173 --> 00:12:53,175 I don't. I leave it here so the appliances can defend themselves. 245 00:12:53,175 --> 00:12:56,532 You have a child living here. You have a safe place to store this gun? 246 00:12:56,532 --> 00:12:58,195 Of course I do. 247 00:12:58,358 --> 00:13:00,069 Raphael. Get a move on. 248 00:13:00,069 --> 00:13:03,605 - We're leaving in 10 seconds. - Coming. 249 00:13:04,783 --> 00:13:07,098 What's up? Raphael, right? 250 00:13:07,098 --> 00:13:09,471 - Yeah. - You know Elias? 251 00:13:09,471 --> 00:13:10,643 Yeah. 252 00:13:10,643 --> 00:13:12,254 You heard about what happened? 253 00:13:12,254 --> 00:13:14,597 Yeah, he popped that little girl. 254 00:13:15,807 --> 00:13:17,967 Lightweight, compact hammerless. 255 00:13:17,967 --> 00:13:19,898 So simple, even a 7-year-old can use it. 256 00:13:19,898 --> 00:13:21,190 This one especially. 257 00:13:21,190 --> 00:13:23,529 Safety's tampered with, hair trigger. 258 00:13:23,529 --> 00:13:25,076 Gangbanger, drug dealer. 259 00:13:25,076 --> 00:13:28,577 Doesn't have the overkill they're partial to, but not bad as a backup piece. 260 00:13:28,577 --> 00:13:29,965 Chambered round fits. 261 00:13:29,965 --> 00:13:33,164 Add a full clip, they get that one extra bang for the buck. 262 00:13:33,164 --> 00:13:35,094 And speaking of the bang... 263 00:13:35,938 --> 00:13:39,336 the bullet Rodgers sent us, after the autopsy. 264 00:13:40,098 --> 00:13:40,995 Hollow point? 265 00:13:40,995 --> 00:13:43,629 See the smooth edges where it peeled apart on impact? 266 00:13:43,629 --> 00:13:47,365 The tip was filed down in an "X" pattern, by hand. 267 00:13:47,365 --> 00:13:50,573 - Little girl didn't have a chance. - Neither did this guy. 268 00:13:51,707 --> 00:13:53,192 It's hard to compare the lands and grooves 269 00:13:53,192 --> 00:13:55,809 because of their condition, but look at the base. 270 00:13:55,809 --> 00:13:57,577 Here's a side-by-side comparison. 271 00:13:57,577 --> 00:13:59,957 Same right twist, same riflings. 272 00:13:59,957 --> 00:14:01,733 Where'd you get this one from? 273 00:14:01,733 --> 00:14:03,515 A 23-year-old. 274 00:14:03,515 --> 00:14:06,173 Your gun's got a second body on it. 275 00:14:07,384 --> 00:14:10,075 23rd Precinct Detective Squad Wednesday, November 8 276 00:14:10,075 --> 00:14:12,453 Shorty Esposito. Latino male, 23. 277 00:14:12,453 --> 00:14:13,873 Got smoked in the ticker. 278 00:14:13,873 --> 00:14:16,126 Night before your case. Close range. 279 00:14:16,126 --> 00:14:18,349 Got dumped in an alley a couple of blocks from where your kid lives. 280 00:14:18,349 --> 00:14:20,666 - You getting anywhere with it? - No, the case is cold. 281 00:14:20,666 --> 00:14:23,800 We were hoping maybe your 7-year-old did our guy, too. 282 00:14:23,800 --> 00:14:25,007 How do we know he didn't? 283 00:14:25,007 --> 00:14:28,165 M.E. Makes our shooter a good four inches taller than our stiff, so... 284 00:14:28,165 --> 00:14:30,067 Want to swap five's? 285 00:14:31,567 --> 00:14:34,804 Two busts for drug possession, just short of enough for intent to sell. 286 00:14:34,804 --> 00:14:37,598 Mother swears by all known saints he wasn't a dealer. 287 00:14:37,598 --> 00:14:39,255 We think drug deal gone south. 288 00:14:39,255 --> 00:14:41,269 Let's canvass the area between these two. 289 00:14:41,269 --> 00:14:42,596 Got to be a link in there somewhere. 290 00:14:42,596 --> 00:14:45,089 Hold on. Elliot, look at his pants. 291 00:14:45,724 --> 00:14:47,609 This can't be a coincidence. 292 00:14:47,609 --> 00:14:49,971 Heck, we might have just found our link. 293 00:14:52,395 --> 00:14:54,001 Yeah, that guy I maybe seen around. 294 00:14:54,001 --> 00:14:55,573 Tell me about him. 295 00:14:56,373 --> 00:14:59,101 He likes bubble baths and long walks. 296 00:14:59,101 --> 00:15:01,029 I don't know jack about him. I seen him on the block. 297 00:15:01,029 --> 00:15:03,202 With anyone in particular? 298 00:15:03,438 --> 00:15:05,535 - You been following this story? - Who hasn't. 299 00:15:05,535 --> 00:15:08,195 Little boy who shot this girl did it with the same gun 300 00:15:08,195 --> 00:15:11,279 that was used to whack this guy. Tell us what you know about this guy? 301 00:15:11,279 --> 00:15:12,422 I know nothing about the guy. 302 00:15:12,422 --> 00:15:14,144 The stuff he was into, I don't want to know. 303 00:15:14,144 --> 00:15:16,367 And what stuff would that be? 304 00:15:16,527 --> 00:15:18,435 Mumbo jumbo. 305 00:15:19,202 --> 00:15:22,449 Whenever I seen him, he's coming out of Nestor's. 306 00:15:29,258 --> 00:15:30,633 You Nestor? 307 00:15:30,633 --> 00:15:33,704 Nicky Crow. Nestor sold me the business last year. 308 00:15:34,034 --> 00:15:35,974 And exactly what kind of business is this? 309 00:15:35,974 --> 00:15:39,211 Religious supplies. For the practice of Santeria. 310 00:15:39,211 --> 00:15:41,919 Then those would be sacrificial chickens. 311 00:15:41,919 --> 00:15:44,254 It's legal. Santeros won their Supreme Court case. 312 00:15:44,254 --> 00:15:46,900 Relax, we're not from the ASPCA. 313 00:15:47,422 --> 00:15:50,127 - You know him? - Yeah, he's a customer. 314 00:15:50,127 --> 00:15:51,978 Was. Know anything about it? 315 00:15:51,978 --> 00:15:55,589 Santeros don't sacrifice anything further up the food chain than goats. 316 00:15:55,589 --> 00:15:57,515 Long Island cheerleader three years ago. 317 00:15:57,515 --> 00:15:59,584 Mother and sister thought she was possessed by a demon 318 00:15:59,584 --> 00:16:01,917 and they suffocated her. Santeras, right? 319 00:16:01,917 --> 00:16:04,899 That was an exorcism got out of hand, not a sacrifice. 320 00:16:04,899 --> 00:16:08,322 Shorty Esposito, religious kind of guy? 321 00:16:08,322 --> 00:16:10,103 Keeping the rituals a secret comes from the slaves 322 00:16:10,103 --> 00:16:13,078 having to hide it from their masters. 323 00:16:13,249 --> 00:16:14,727 That's not an answer. 324 00:16:14,727 --> 00:16:17,999 Sure it is. It's in the Constitution. Freedom of religion. 325 00:16:17,999 --> 00:16:19,987 It's like dogma not to talk about it. 326 00:16:19,987 --> 00:16:21,156 I'd be violating his rights. 327 00:16:21,156 --> 00:16:23,986 He's dead. He doesn't have any rights. 328 00:16:24,643 --> 00:16:26,710 You a priest? 329 00:16:27,004 --> 00:16:28,571 A Babalu? 330 00:16:28,873 --> 00:16:30,378 Babalu. 331 00:16:30,378 --> 00:16:32,067 Atheist. Businessman. 332 00:16:32,067 --> 00:16:35,194 300,000 people practice Santeria in New York. 333 00:16:35,194 --> 00:16:37,871 They need to shop someplace they can trust. 334 00:16:38,796 --> 00:16:41,778 Hey, maybe someone tried to drive an evil spirit out of him with a bullet. 335 00:16:41,778 --> 00:16:44,259 My bet? That was his religion. 336 00:16:44,259 --> 00:16:45,964 That guy right there on the corner, that's the steerer. 337 00:16:45,964 --> 00:16:48,546 He brings the buyer to the money man. 338 00:16:48,924 --> 00:16:51,127 And him hanging back with the gold chain... 339 00:16:51,127 --> 00:16:53,988 that's the money man. He never touches the dope. 340 00:16:53,988 --> 00:16:57,010 They're all teens. Maybe they know Elias through a little brother. 341 00:16:57,010 --> 00:16:58,221 Somewhere around here. 342 00:16:58,221 --> 00:17:00,602 911! 343 00:17:00,602 --> 00:17:02,292 He's the lookout. 344 00:17:08,538 --> 00:17:10,186 - What's your name, man? - Sammy. 345 00:17:10,186 --> 00:17:12,243 - Sammy what? - Sosa. 346 00:17:12,243 --> 00:17:14,320 That's Mrs. Morales' boy, Jamal. 347 00:17:14,320 --> 00:17:15,476 Shut up, old man. 348 00:17:15,476 --> 00:17:17,391 Hey, Jamal, you just focus all right. 349 00:17:17,391 --> 00:17:19,157 - You know this kid? - No. 350 00:17:19,157 --> 00:17:20,514 - What about him? - Nope. 351 00:17:20,514 --> 00:17:21,907 Hey, how old are you? 352 00:17:21,907 --> 00:17:23,422 Ten. 353 00:17:23,970 --> 00:17:26,969 Why don't you talk to him? Come here a second. 354 00:17:27,463 --> 00:17:29,109 Know his name? 355 00:17:30,824 --> 00:17:33,422 Bobby Cruise. 356 00:17:34,277 --> 00:17:37,381 - He's in here all the time. - Yeah, with him? 357 00:17:37,623 --> 00:17:39,769 No, another one of those boys. 358 00:17:39,769 --> 00:17:43,033 Eighteen or 19 years old. Called Sweetness. 359 00:17:43,033 --> 00:17:44,287 Sweetness? 360 00:17:44,287 --> 00:17:46,482 Real sweet tooth. 361 00:17:47,580 --> 00:17:49,313 We saw Homicide. They aren't doing any better. 362 00:17:49,313 --> 00:17:50,574 Any luck on our sweet tooth? 363 00:17:50,574 --> 00:17:52,255 Former juvenile offender. Now 19. 364 00:17:52,255 --> 00:17:54,328 Placed in foster care at age eight. 365 00:17:54,328 --> 00:17:55,767 Truancy. Shoplifting. 366 00:17:55,767 --> 00:17:59,175 Moving up to drugs, larceny, gun possession. 367 00:17:59,175 --> 00:18:00,537 Given name is Antonio Strada. 368 00:18:00,537 --> 00:18:03,369 Last person who posted bail was his great grandmother. 369 00:18:03,369 --> 00:18:05,471 Good old Mrs. Strada. 370 00:18:07,249 --> 00:18:10,891 My great-grandson has nothing to do with that little girl's death. 371 00:18:10,891 --> 00:18:14,455 Mrs. Strada, you know Elias got hold of a gun. 372 00:18:14,455 --> 00:18:15,840 And you know, as well as we do, 373 00:18:15,840 --> 00:18:18,546 that Antonio has had gun troubles in the past. 374 00:18:18,546 --> 00:18:20,514 Once. / Twice. 375 00:18:21,517 --> 00:18:23,505 He's changed. 376 00:18:23,863 --> 00:18:26,396 He's getting his life together. 377 00:18:27,202 --> 00:18:29,939 He helps me with the kids. Takes them to the park for me. 378 00:18:29,939 --> 00:18:31,997 He buys them candy. 379 00:18:31,997 --> 00:18:34,363 The kids call him Sweetness. 380 00:18:34,363 --> 00:18:39,429 The candy store that he takes Elias to alone is off a known drug corner. 381 00:18:39,429 --> 00:18:41,333 Did you know that, Mrs. Strada? 382 00:18:41,333 --> 00:18:45,138 No, l... / Sunday night, a young man named Shorty... 383 00:18:45,138 --> 00:18:48,548 was shot and killed with the same gun Elias used to kill Carly Jackson. 384 00:18:48,548 --> 00:18:50,215 The last time your great-grandson 385 00:18:50,215 --> 00:18:52,650 was arrested for gun possession he was with Shorty. 386 00:18:52,650 --> 00:18:55,183 They did time together. 387 00:18:55,183 --> 00:18:58,118 Mrs. Strada, tell us where he is. 388 00:19:01,629 --> 00:19:06,170 You don't understand, he had a horrible childhood. 389 00:19:06,170 --> 00:19:09,812 His father was in prison, his mother 390 00:19:09,812 --> 00:19:13,029 who knows where his mother was. 391 00:19:18,334 --> 00:19:22,696 Please, don't hurt him. 392 00:19:35,244 --> 00:19:38,212 Antonio, police. We want to talk to you. 393 00:19:41,584 --> 00:19:43,514 Sweetness? 394 00:19:50,140 --> 00:19:52,108 Nobody in here. Got blood on the walls. 395 00:19:52,108 --> 00:19:54,320 Yeah, we got fresh blood right here. 396 00:19:54,320 --> 00:19:58,718 We need backup. Two-five-two, East 132. 397 00:20:02,061 --> 00:20:03,939 Body's down here. 398 00:20:21,884 --> 00:20:23,559 It's him. 399 00:20:24,668 --> 00:20:26,548 I need an ambulance now. 400 00:20:26,548 --> 00:20:28,158 Who did this to you? 401 00:20:28,158 --> 00:20:31,079 Who cut you, Sweetness? Who cut you? 402 00:20:31,079 --> 00:20:35,565 Machete. Machete. 403 00:20:45,519 --> 00:20:47,528 What'd he say? 404 00:20:51,856 --> 00:20:54,313 I think he said Machet... 405 00:20:54,313 --> 00:20:58,043 Machete. Machete. 406 00:21:02,835 --> 00:21:05,411 Look at the pants, they're both camouflage. 407 00:21:05,411 --> 00:21:07,141 This is not Carly, this is Shorty. 408 00:21:07,141 --> 00:21:08,849 Meaning, Elias witnessed this murder. 409 00:21:08,849 --> 00:21:10,155 When he drew this, 410 00:21:10,155 --> 00:21:12,485 he wasn't plotting out Carly Jackson's murder. 411 00:21:12,485 --> 00:21:15,516 This was a cry for help. He wanted somebody to know what he saw. 412 00:21:15,516 --> 00:21:17,013 He's been through an interrogation, 413 00:21:17,013 --> 00:21:19,911 a court hearing taken from his family and placed in detention. 414 00:21:19,911 --> 00:21:21,413 Why wouldn't he have said something by now? 415 00:21:21,413 --> 00:21:24,206 Look at the players involved. Drug dealers and killers. 416 00:21:24,206 --> 00:21:26,111 If Elias was drawn into this world at all, 417 00:21:26,111 --> 00:21:28,197 he knows what happens to people who talk. 418 00:21:28,197 --> 00:21:29,524 So what are we going to do? 419 00:21:29,524 --> 00:21:30,774 When an accused stands mute, 420 00:21:30,774 --> 00:21:33,535 the only thing the system can do is interpret his actions. 421 00:21:33,535 --> 00:21:36,350 - You know our take on it. - Well, I know what my boss' will be. 422 00:21:36,350 --> 00:21:39,081 He'll still see a bad apple who likes seeing people dead. 423 00:21:39,081 --> 00:21:41,480 So Elias needs to talk. 424 00:21:42,588 --> 00:21:44,550 His attorney won his motion. 425 00:21:44,550 --> 00:21:47,046 He's back home until the hearing. 426 00:21:47,464 --> 00:21:48,888 Go. 427 00:21:49,882 --> 00:21:51,889 You know, you people have some nerve! 428 00:21:51,889 --> 00:21:53,372 It's been horrible for the Barreras. 429 00:21:53,372 --> 00:21:54,991 They're prisoners in their own home. 430 00:21:54,991 --> 00:21:58,340 The protesters, death threats, the media trying to sneak into the building. 431 00:21:58,340 --> 00:22:00,200 You know, we try to be good parents, we do. 432 00:22:00,200 --> 00:22:03,764 Social services is threatening to remove their baby girl. 433 00:22:03,764 --> 00:22:06,101 Mr. Barrera, it is imperative we talk to Elias. 434 00:22:06,101 --> 00:22:08,344 Why, so you can find something else to charge him with? 435 00:22:08,344 --> 00:22:13,536 Mrs. Barrera, we believe that your son witnessed a murder the night before the shooting. 436 00:22:14,390 --> 00:22:16,359 What? 437 00:22:19,319 --> 00:22:21,365 Oh, my God! 438 00:22:30,404 --> 00:22:32,022 Stay back. 439 00:22:36,508 --> 00:22:40,310 Elias, you remember me, Elliot? 440 00:22:41,541 --> 00:22:43,755 How are you doing? 441 00:22:45,136 --> 00:22:47,689 We got a problem here, big man. 442 00:22:49,479 --> 00:22:52,394 I hear you've been dragged into something bad. 443 00:22:52,394 --> 00:22:54,327 Me and Sweetness, we talked. 444 00:22:54,327 --> 00:22:59,390 Now, he says he's got you all hooked up and slinging for him. 445 00:23:01,725 --> 00:23:05,427 What do you do with all the money that he gives you? 446 00:23:05,893 --> 00:23:09,129 Well, you buy games, new kicks, what? 447 00:23:09,286 --> 00:23:11,593 Crayons? 448 00:23:14,728 --> 00:23:17,411 Okay, Elias. Your parents know about everything. 449 00:23:17,411 --> 00:23:20,074 But you and me, right now... 450 00:23:20,074 --> 00:23:25,444 Elias, you and me have got to fix this. 451 00:23:32,014 --> 00:23:36,089 He puts little bottles in my pockets. 452 00:23:36,617 --> 00:23:38,504 Okay, that's good. 453 00:23:38,504 --> 00:23:41,381 You're doing great. Now, you and me... 454 00:23:44,287 --> 00:23:46,924 let's talk about the gun, okay. 455 00:23:47,747 --> 00:23:49,862 Tell me about this. 456 00:23:54,668 --> 00:23:57,481 He told me to stay in the room. 457 00:23:57,481 --> 00:24:02,268 I didn't. I saw him shoot the man. 458 00:24:03,581 --> 00:24:06,594 Okay. What's that at the end of the gun? 459 00:24:06,594 --> 00:24:11,092 A pillow. You could hardly hear the bang. 460 00:24:13,655 --> 00:24:16,782 Why did Sweetness shoot Shorty? 461 00:24:16,782 --> 00:24:18,783 He didn't. 462 00:24:19,513 --> 00:24:22,296 Isn't that him holding the gun? 463 00:24:24,057 --> 00:24:26,148 Well, who is it? 464 00:24:26,148 --> 00:24:28,286 Machete. 465 00:24:30,876 --> 00:24:32,532 What did you say? 466 00:24:32,532 --> 00:24:34,492 Machete. 467 00:24:34,492 --> 00:24:36,915 Do you know Machete? 468 00:24:37,101 --> 00:24:39,101 Well, how do you know his name? 469 00:24:39,101 --> 00:24:43,125 I heard Shorty say, "Stop, Machete, don't, please, don't. Stop." 470 00:24:43,125 --> 00:24:44,627 And then what happened? 471 00:24:44,627 --> 00:24:49,622 I heard sirens, and Machete ran away. 472 00:24:49,622 --> 00:24:52,006 And what happened to the gun? 473 00:24:52,006 --> 00:24:54,165 Sweetness hid it in the couch. 474 00:24:54,165 --> 00:24:57,711 And then he got a big suitcase. 475 00:24:57,711 --> 00:25:00,745 And I hid in the closet because I was scared. 476 00:25:00,745 --> 00:25:02,302 Then what happened? 477 00:25:02,302 --> 00:25:05,191 I heard him leave. 478 00:25:08,873 --> 00:25:11,859 Why did you take the gun? 479 00:25:12,789 --> 00:25:16,454 I didn't want him to kill me, too. 480 00:25:18,628 --> 00:25:19,958 Okay. 481 00:25:20,237 --> 00:25:25,178 Okay. Now, this is very important. Where did this happen? 482 00:25:28,999 --> 00:25:33,005 My sister was in the hospital. 483 00:25:34,716 --> 00:25:38,219 And you were at Mrs. Strada's? 484 00:25:40,760 --> 00:25:42,352 Mrs. Strada? 485 00:25:42,931 --> 00:25:44,827 What is going on? No one is telling me anything. 486 00:25:44,827 --> 00:25:47,466 Mrs. Strada, where were you Sunday night? 487 00:25:47,466 --> 00:25:50,042 Sunday... / Sunday between 10:00 and midnight. 488 00:25:50,042 --> 00:25:52,827 - I was asleep. - Are you a sound sleeper? 489 00:25:52,827 --> 00:25:57,733 Well, I take meclizine at night. It knocks me out. 490 00:25:58,049 --> 00:26:00,007 Hey, anything? 491 00:26:00,007 --> 00:26:02,674 Dried pee, Cheerios. 492 00:26:02,674 --> 00:26:05,044 - Old lady got kids? - She takes care of them. 493 00:26:05,044 --> 00:26:07,349 Our guy apparently cleaned up after himself. 494 00:26:07,349 --> 00:26:10,337 Make sure you check sinks, drains, traps, sponges. 495 00:26:10,337 --> 00:26:12,316 Trash cans, light switches, 496 00:26:12,316 --> 00:26:14,493 even lifted a few base boards. 497 00:26:14,493 --> 00:26:16,376 No trace of blood yet. 498 00:26:16,376 --> 00:26:17,971 Pillow's missing. 499 00:26:17,971 --> 00:26:20,429 Okay, close the curtains. 500 00:26:22,842 --> 00:26:24,797 We got blood. 501 00:26:26,114 --> 00:26:28,885 - Wheel marks. - Yeah. 502 00:26:29,651 --> 00:26:33,079 Like the kind on a big-ass suitcase. 503 00:26:33,253 --> 00:26:35,793 They just stuffed old Shorty in there and wheeled him on out. 504 00:26:35,793 --> 00:26:38,819 Elias was right about the suitcase. He also said he heard sirens. 505 00:26:38,819 --> 00:26:41,279 Let's find out what that problem was. 506 00:26:41,665 --> 00:26:44,138 15th Precinct Detective Squad Thursday, November 9 507 00:26:44,138 --> 00:26:46,480 Party out of hand. Somebody pulled out a knife. 508 00:26:46,480 --> 00:26:48,710 Somebody else pulls out a Louisville Slugger. 509 00:26:48,710 --> 00:26:50,820 Brawl spilled out into the courtyard. 510 00:26:50,820 --> 00:26:52,316 You take any statements? 511 00:26:52,316 --> 00:26:54,273 Thirty-five. 512 00:26:54,563 --> 00:26:56,172 Stopped everyone leaving the building. 513 00:26:56,172 --> 00:26:59,162 If that's when our guy left the building, he might be one of them. 514 00:26:59,162 --> 00:27:01,084 Mind if we borrow these? 515 00:27:01,412 --> 00:27:02,612 Great. 516 00:27:03,138 --> 00:27:07,072 Off Elias' description, we've eliminated 28 names based on age and gender. 517 00:27:07,072 --> 00:27:10,103 Which were brought down to eight suspects, five of whom have records. 518 00:27:10,103 --> 00:27:11,388 And mug shots. 519 00:27:11,388 --> 00:27:14,816 Already there, we put together a photo array, showed it to Elias. 520 00:27:14,816 --> 00:27:16,890 - He recognize any of them? - Yeah, two. 521 00:27:16,890 --> 00:27:19,634 Unless I'm one of them, I don't know why you're still standing here. 522 00:27:19,634 --> 00:27:22,027 Because he's positive neither of them is Machete. 523 00:27:22,027 --> 00:27:24,385 So who do we have left? 524 00:27:24,385 --> 00:27:26,401 The three who didn't have records, so no photos. 525 00:27:26,401 --> 00:27:29,113 Kyung Kwon, Nicky Crow, and Bobby Cruise. 526 00:27:29,113 --> 00:27:31,303 We've met them all, all on the selfsame corner. 527 00:27:31,303 --> 00:27:33,015 So one of them's Machete. 528 00:27:33,015 --> 00:27:35,834 Kwon owns a market, and was pretty helpful in getting us some IDs. 529 00:27:35,834 --> 00:27:37,166 Yeah, maybe too helpful. 530 00:27:37,166 --> 00:27:39,730 Crow profits off the piety of the local Santeros. 531 00:27:39,730 --> 00:27:41,142 Cruise is a dope dealer. 532 00:27:41,142 --> 00:27:43,189 Elias needs some points with the DA's office. 533 00:27:43,189 --> 00:27:46,449 Call his attorney, see if he'll let him do some walk bys. 534 00:27:46,449 --> 00:27:47,863 Okay. / Okay. 535 00:27:51,104 --> 00:27:54,419 Okay. Are you up for this, champ? 536 00:27:54,419 --> 00:27:56,534 Is he gonna see me? 537 00:27:57,138 --> 00:28:00,817 Keep your mask down. Don't say anything, okay? 538 00:28:00,817 --> 00:28:04,130 If you recognize any of these men as Machete, just squeeze my hand, okay? 539 00:28:04,130 --> 00:28:06,282 - Okay. - All right. Come on. 540 00:28:15,593 --> 00:28:17,264 Hello. 541 00:28:17,264 --> 00:28:19,721 I'll be with you in a second. 542 00:28:22,008 --> 00:28:23,847 Hey. / Hey. 543 00:28:27,820 --> 00:28:29,266 Take him outside. 544 00:28:30,265 --> 00:28:32,662 Nicky Crow, you're under arrest for the murder... / What're you doing? 545 00:28:32,662 --> 00:28:34,522 - of Shorty Esposito. - Hold it. 546 00:28:34,522 --> 00:28:36,500 - You have the right to remain silent. - Look in the refrigerator. 547 00:28:36,500 --> 00:28:39,188 - Yeah, we're not hungry. - I never met one who wasn't. 548 00:28:39,188 --> 00:28:40,430 Go. 549 00:28:40,703 --> 00:28:42,139 In the fridge? 550 00:28:42,139 --> 00:28:44,789 - Behind the box. - Behind the box. 551 00:28:45,493 --> 00:28:47,279 - What do we got? - I'm a business man. 552 00:28:47,279 --> 00:28:50,579 Take it. Leave. Call it cost of doing business. 553 00:28:50,864 --> 00:28:52,898 Call it Class B felony. 554 00:28:54,365 --> 00:28:56,995 Office of Dr.Elizabeth Olivet Friday, November 10 555 00:28:56,995 --> 00:28:58,757 It's okay to talk now. 556 00:28:58,757 --> 00:29:02,462 Machete can't hurt you. He's in jail. 557 00:29:07,578 --> 00:29:11,204 I hear you're a very good artist. 558 00:29:13,337 --> 00:29:16,149 Do you draw all the time? 559 00:29:16,149 --> 00:29:18,100 Yeah. 560 00:29:19,382 --> 00:29:25,751 Can you draw me a picture of how you felt that day in the schoolyard? 561 00:29:53,829 --> 00:29:56,310 You were really scared. 562 00:29:58,513 --> 00:30:00,170 Why? 563 00:30:00,170 --> 00:30:03,758 - I saw them behind the fence. - Who? 564 00:30:03,758 --> 00:30:06,506 Machete and them. 565 00:30:07,939 --> 00:30:10,961 What were they doing there? 566 00:30:10,961 --> 00:30:14,291 They came to hurt me, too. 567 00:30:15,714 --> 00:30:17,594 Elias... 568 00:30:18,114 --> 00:30:21,255 who were you shooting at? 569 00:30:22,308 --> 00:30:24,592 Machete. 570 00:30:24,592 --> 00:30:27,636 I didn't mean to shoot Carly. 571 00:30:27,636 --> 00:30:30,945 What's going to happen to me? 572 00:30:33,927 --> 00:30:37,471 What do you think should happen to you? 573 00:30:58,710 --> 00:31:00,718 What's that? 574 00:31:02,084 --> 00:31:04,261 Hell. 575 00:31:06,950 --> 00:31:11,565 You think you're going to burn in Hell for what you did? 576 00:31:17,856 --> 00:31:20,223 I know why you're here. 577 00:31:20,562 --> 00:31:21,507 Well, forget it. 578 00:31:21,507 --> 00:31:24,246 I already gave Machete to McCoy. 579 00:31:24,246 --> 00:31:26,511 You should have seen his face. It was the same look my dog... 580 00:31:26,511 --> 00:31:29,974 I'm not here to pick up a case, I'm here to drop one. 581 00:31:30,297 --> 00:31:32,281 Oh, no, we can't give that kid a free ride. 582 00:31:32,281 --> 00:31:34,664 We only got Machete because of Elias' drawing. 583 00:31:34,664 --> 00:31:36,573 That doesn't bring Carly Jackson back. 584 00:31:36,573 --> 00:31:38,525 Her death is a tragedy, yes, 585 00:31:38,525 --> 00:31:40,090 but it was self-defense. 586 00:31:40,090 --> 00:31:42,212 The vice principal at the school corroborates his story. 587 00:31:42,212 --> 00:31:43,780 Machete and his gang were there. 588 00:31:43,780 --> 00:31:46,584 Did she see them attack him? Draw a weapon? 589 00:31:46,584 --> 00:31:48,721 This is what he thinks is going to happen to him. 590 00:31:48,721 --> 00:31:50,764 Well, I think that makes your case 591 00:31:50,764 --> 00:31:53,547 and proves that he knows the difference between right and wrong. 592 00:31:53,547 --> 00:31:56,698 No, we are the ones who don't know the difference... 593 00:31:57,204 --> 00:31:59,056 I'll be right there. 594 00:32:00,297 --> 00:32:02,311 Fine, amend the charges to manslaughter. 595 00:32:02,311 --> 00:32:06,766 I don't want to prosecute a child at all for a series of society's mistakes. 596 00:32:06,766 --> 00:32:09,074 The Barrera's HMO wouldn't cover their baby's condition 597 00:32:09,074 --> 00:32:10,580 forcing them to work two jobs. 598 00:32:10,580 --> 00:32:14,072 They had to find affordable daycare for Elias which we both know is nonexistent. 599 00:32:14,072 --> 00:32:16,157 So they put him in Mrs. Strada's illegal daycare. 600 00:32:16,157 --> 00:32:18,585 An 82-year-old woman looking after 15 children 601 00:32:18,585 --> 00:32:20,993 whose great-grandson was using Elias as a drug runner 602 00:32:20,993 --> 00:32:25,274 and giving him access to a loaded semi-automatic handgun. 603 00:32:25,274 --> 00:32:28,426 And don't get me started on the accessibility of handguns to minors. 604 00:32:28,426 --> 00:32:29,964 This boy should not be put away. 605 00:32:29,964 --> 00:32:32,981 Nobody in Sing Sing had a great childhood, Ms. Cabot. 606 00:32:32,981 --> 00:32:36,358 You start killing at seven, it's not a bad predictor. 607 00:32:37,966 --> 00:32:39,521 You are unbelievable. 608 00:32:39,521 --> 00:32:43,516 No, I am second-in-command and I have Lewin's full support in this. 609 00:32:43,516 --> 00:32:46,393 Now, listen, people know what happened. They want justice. 610 00:32:46,393 --> 00:32:49,871 I need someone held responsible. 611 00:32:57,356 --> 00:33:02,006 The death of Carly Jackson is the ultimate tragedy. 612 00:33:02,006 --> 00:33:04,217 There are no easy solutions, 613 00:33:04,217 --> 00:33:09,454 but we in the DA's office have a moral imperative to do the right thing 614 00:33:09,454 --> 00:33:14,229 and I assure you that justice will be served. 615 00:33:14,229 --> 00:33:19,265 I am placing full authority in the worthy hands 616 00:33:19,265 --> 00:33:23,228 of a person who has been intimately involved with every aspect 617 00:33:23,228 --> 00:33:26,458 of the case from the beginning. 618 00:33:26,458 --> 00:33:30,905 Assistant District Attorney Alex Cabot. 619 00:33:31,541 --> 00:33:34,675 Will you be prosecuting 7-year-old Elias Barrera? 620 00:33:34,675 --> 00:33:37,077 A Latino boy killed an African-American girl. 621 00:33:37,077 --> 00:33:39,702 Are you at all concerned that if you don't prosecute 622 00:33:39,702 --> 00:33:43,292 it may ignite tensions in the neighborhood? 623 00:33:44,272 --> 00:33:47,110 We know this was in no way racially motivated. 624 00:33:47,110 --> 00:33:49,937 I'm sure no responsible member of the press 625 00:33:49,937 --> 00:33:53,153 would even think to put that kind of slant on it. 626 00:33:53,153 --> 00:33:54,441 He hung her out to dry. 627 00:33:54,441 --> 00:33:56,890 No matter what she does to Elias, it's lose, lose. 628 00:33:56,890 --> 00:33:58,225 Half the city's going to hate her. 629 00:33:58,225 --> 00:34:00,430 The other half won't be turning back flips. 630 00:34:00,430 --> 00:34:03,406 I talked to the Barreras, Elias was formally expelled from school. 631 00:34:03,406 --> 00:34:05,731 - The State sent a tutor. - Don't let that get out. 632 00:34:05,731 --> 00:34:08,158 The state of our educational system people will be killing to get one. 633 00:34:08,158 --> 00:34:09,738 Is there anything we can do for Cabot? 634 00:34:09,738 --> 00:34:12,682 We've exhausted the pool of sacrificial heads for the platter. 635 00:34:12,682 --> 00:34:16,922 It's out of our hands. She needs to look at alternate solutions. 636 00:34:17,148 --> 00:34:18,994 Liz, my career's on the line here. 637 00:34:18,994 --> 00:34:20,717 And a little boy's future. 638 00:34:20,717 --> 00:34:23,007 Believe me, I haven't forgotten about him. 639 00:34:23,007 --> 00:34:25,022 I can't believe my boss did this to me. 640 00:34:25,022 --> 00:34:26,715 That's what they do at the boy's club. 641 00:34:26,715 --> 00:34:28,347 Why do you think I left? 642 00:34:28,347 --> 00:34:29,815 What would you do? 643 00:34:29,815 --> 00:34:32,218 I really shouldn't discuss the particulars with you 644 00:34:32,218 --> 00:34:34,312 while I'm on retainer by the defense. 645 00:34:34,312 --> 00:34:36,410 Hypothetically. 646 00:34:36,589 --> 00:34:39,748 I wouldn't make him another throw-away kid and just warehouse him. 647 00:34:39,748 --> 00:34:42,107 I'd put him in supervised counseling. 648 00:34:42,107 --> 00:34:44,383 That's not going to sate the public's bloodlust. 649 00:34:44,383 --> 00:34:46,680 Someone has to be punished. 650 00:34:46,821 --> 00:34:49,066 You know, I had a political future at one point. 651 00:34:49,066 --> 00:34:52,813 Alex, the historical figures I respect the most aren't the ones who started wars, 652 00:34:52,813 --> 00:34:54,953 but those who brought about peace. 653 00:34:54,953 --> 00:34:57,940 You have a real opportunity here. 654 00:35:00,201 --> 00:35:03,363 Family Court Capacity Hearing Monday, November 13 655 00:35:03,363 --> 00:35:06,714 The respondent clearly understands the difference between right and wrong. 656 00:35:06,714 --> 00:35:09,269 At the time he pulled the trigger, he knew what he was doing. 657 00:35:09,269 --> 00:35:13,129 He intended to cause physical injury or death to the boys at the fence. 658 00:35:13,129 --> 00:35:15,474 Yes, he absolutely knows what's going on here. 659 00:35:15,474 --> 00:35:18,188 He understands the role of the court he understands the role of the Judge 660 00:35:18,188 --> 00:35:19,680 he knows his attorney is here to help him. 661 00:35:19,680 --> 00:35:22,814 He has the capacity to assist in his own defense. 662 00:35:22,814 --> 00:35:27,318 Dr. Olivet, have you reviewed the State examiners' reports? 663 00:35:27,318 --> 00:35:28,348 I have. 664 00:35:28,348 --> 00:35:30,750 Well, do you concur with their findings? 665 00:35:30,750 --> 00:35:32,270 They're absolutely right. 666 00:35:32,270 --> 00:35:34,200 He does understand the procedures of the court 667 00:35:34,200 --> 00:35:36,244 and he knows his conduct was wrong. 668 00:35:36,244 --> 00:35:38,056 But in my assessment, the minor... 669 00:35:38,056 --> 00:35:42,239 he knows it was wrong, but at the time he pulled that trigger, he did not. 670 00:35:42,239 --> 00:35:44,726 I have no more questions. 671 00:35:46,565 --> 00:35:49,804 Dr. Olivet, you're familiar with the People's exhibit "H"? 672 00:35:49,804 --> 00:35:52,623 Very familiar. I had him draw it. 673 00:35:52,623 --> 00:35:54,796 And what exactly did you ask him to draw? 674 00:35:54,796 --> 00:35:57,803 A portrait of himself at the time of the crime. 675 00:35:57,803 --> 00:36:00,709 There was no mention of fire in the police report. 676 00:36:00,709 --> 00:36:04,441 He added that to the picture when I asked what he thought should happen to him. 677 00:36:04,441 --> 00:36:07,460 And what do the flames represent? 678 00:36:07,942 --> 00:36:09,364 Hell. 679 00:36:09,364 --> 00:36:14,235 That's taking the consequences of his actions to the ultimate extreme, isn't it? 680 00:36:14,235 --> 00:36:16,842 Obviously, he has the capacity to understand. 681 00:36:16,842 --> 00:36:19,754 All children have some grasp of right and wrong. 682 00:36:19,754 --> 00:36:21,048 I've seen children younger than seven 683 00:36:21,048 --> 00:36:23,862 who believe they're going to hell because they told a fib. 684 00:36:23,862 --> 00:36:27,935 How do you explain his lapse in judgment at the time he pulled the trigger? 685 00:36:27,935 --> 00:36:30,162 He was in mortal fear. 686 00:36:30,162 --> 00:36:32,545 Not only that, he was imitating behavior. 687 00:36:32,545 --> 00:36:37,010 He had seen these men wave a gun to scare people, and he did the same. 688 00:36:37,010 --> 00:36:39,601 He just wanted them to go away. 689 00:36:39,601 --> 00:36:42,294 He was imitating behavior without understanding it 690 00:36:42,294 --> 00:36:46,810 the danger, risks, or morality. 691 00:36:46,810 --> 00:36:51,347 And on what exactly do you base your findings on his capacity? 692 00:36:51,347 --> 00:36:54,138 Solely on his age and development. 693 00:36:54,138 --> 00:36:57,018 He's 7 years old. 694 00:37:03,035 --> 00:37:06,190 Thank you. You may step down. 695 00:37:15,149 --> 00:37:17,324 Your Honor... 696 00:37:19,039 --> 00:37:23,836 the People defer to Dr. Olivet's findings... 697 00:37:23,836 --> 00:37:28,498 that the minor lacked the capacity to understand the consequences of his actions 698 00:37:28,498 --> 00:37:32,540 and therefore should not be held responsible. 699 00:37:34,103 --> 00:37:37,795 The People are withdrawing charges? 700 00:37:37,795 --> 00:37:41,793 It's clear the respondent lacked the mens rea to commit a crime. 701 00:37:41,793 --> 00:37:45,242 Therefore, we will not pursue the case. 702 00:37:58,868 --> 00:38:02,612 I know some of you are not happy with today's decision. 703 00:38:02,612 --> 00:38:04,645 But there's something I'd like you to hear. 704 00:38:04,645 --> 00:38:06,146 We heard you loud and clear. 705 00:38:06,146 --> 00:38:09,371 The killers of black children get off scot-free! 706 00:38:09,371 --> 00:38:12,457 This cycle of violence has got to stop somewhere. 707 00:38:12,457 --> 00:38:14,833 Let it be here. 708 00:38:19,286 --> 00:38:22,120 I'm Carly Jackson's mother. 709 00:38:22,306 --> 00:38:24,790 I know you're all here out of concern. 710 00:38:24,790 --> 00:38:26,690 And I thank you. 711 00:38:26,856 --> 00:38:29,559 But I have a favor to ask. 712 00:38:29,973 --> 00:38:32,221 Go home. 713 00:38:34,713 --> 00:38:37,904 Take care of your children. 714 00:38:45,184 --> 00:38:46,495 Teflon. 715 00:38:46,495 --> 00:38:48,552 I'm just glad the city isn't burning. 716 00:38:48,552 --> 00:38:50,960 You more than survived, you're a hero. 717 00:38:50,960 --> 00:38:53,024 - Congratulations. - Thanks. 718 00:38:53,208 --> 00:38:56,079 Actually, my boss is so happy, he said I could take Sunday off. 719 00:38:56,079 --> 00:38:57,672 We were on our way to McMullen's. 720 00:38:57,672 --> 00:39:00,402 How about we buy you a congratulatory drink? 721 00:39:00,402 --> 00:39:02,488 Sure. / Great. 722 00:39:06,280 --> 00:39:08,319 Hey, Cap, you coming? 723 00:39:20,427 --> 00:39:22,461 Police, coming through. 724 00:39:23,470 --> 00:39:24,737 Neighbors jumped him. 725 00:39:24,737 --> 00:39:27,150 Would have killed him if we hadn't been a block away. 726 00:39:27,811 --> 00:39:29,491 Who is he? A relative? 727 00:39:29,491 --> 00:39:31,524 - Outraged citizen. - How old is he? 728 00:39:31,524 --> 00:39:34,327 Twelve. Name's Thomas James. Goes by TJ. 729 00:39:34,327 --> 00:39:35,476 Anyone see it happen? 730 00:39:35,476 --> 00:39:38,518 Best we can put together, he tried to join a group of kids playing ball. 731 00:39:38,518 --> 00:39:40,918 They shunned him. He walks off, alone. 732 00:39:40,918 --> 00:39:43,402 That's when TJ shows up. 733 00:39:46,768 --> 00:39:49,206 Get off me, man. Hey, leave me alone. 734 00:39:49,206 --> 00:39:51,851 Can't kill a sister and just walk. 735 00:39:51,851 --> 00:39:53,171 Hey, come on, man. Leave me alone, man. 736 00:39:53,171 --> 00:39:55,324 I ain't do nothing man. 737 00:39:55,324 --> 00:39:58,106 Cycle never ends, does it? 738 00:39:59,913 --> 00:40:02,698 Welcome to the Gaza Strip.