1 00:00:01,323 --> 00:00:03,064 NARRATOR: In the criminal justice system 2 00:00:03,125 --> 00:00:07,039 the people are represented by two separate yet equally important groups, 3 00:00:07,095 --> 00:00:08,904 the police who investigate crime 4 00:00:08,964 --> 00:00:11,740 and the district attorneys who prosecute the offenders. 5 00:00:11,800 --> 00:00:13,177 These are their stories. 6 00:00:14,436 --> 00:00:17,007 It was a horror show. According to her mother, I give Jodi a B, 7 00:00:17,072 --> 00:00:19,951 I not only ruin her life, I spoil a perfect 4.0 8 00:00:20,008 --> 00:00:21,646 and her chances of getting into Princeton. 9 00:00:21,710 --> 00:00:24,350 That kid has no chance of getting into Princeton. 10 00:00:24,412 --> 00:00:26,915 None. Zero. She's a drone. 11 00:00:26,982 --> 00:00:28,119 You tell her mother that. 12 00:00:28,182 --> 00:00:29,217 So what are you going to do? 13 00:00:29,283 --> 00:00:30,990 The honorable thing. Change it to an A. 14 00:00:31,051 --> 00:00:32,689 (SHOTS FIRING) 15 00:00:32,753 --> 00:00:34,061 Oh, my God. 16 00:00:34,121 --> 00:00:35,532 Cafeteria. 17 00:00:37,258 --> 00:00:38,464 BOY: Get down! 18 00:00:38,759 --> 00:00:40,295 (FIRING CONTINUES) 19 00:00:43,531 --> 00:00:46,068 A couple of the kids said he was small. 20 00:00:46,133 --> 00:00:48,306 Others said he was average. 21 00:00:48,369 --> 00:00:51,248 He ran out through the kitchen into the street. 22 00:00:51,305 --> 00:00:53,046 He was dressed in black. 23 00:00:53,107 --> 00:00:55,986 Uh, looked like one of those, you know, in the movies. 24 00:00:56,043 --> 00:00:57,784 Ninjas? Ninjas, right. 25 00:00:57,845 --> 00:01:00,291 Is there any chance anybody recognized him? 26 00:01:00,347 --> 00:01:03,851 He had a stocking or something covering his face. 27 00:01:04,318 --> 00:01:06,389 Okay, thanks. We'll be in touch. 28 00:01:07,454 --> 00:01:09,525 Crouching tiger, hidden student. 29 00:01:09,890 --> 00:01:11,767 ED: We got three dead, 12 wounded, 30 00:01:11,825 --> 00:01:13,600 including one critical. Head shot. 31 00:01:13,661 --> 00:01:16,699 We probably won't have much luck with prints on the shell casings. 32 00:01:16,764 --> 00:01:18,004 The kid gets away. 33 00:01:18,065 --> 00:01:19,510 You ever hear of that happening before? 34 00:01:19,567 --> 00:01:21,911 No. They either shoot themselves or they surrender 35 00:01:21,969 --> 00:01:24,005 or somebody tackles them when they stop to reload. 36 00:01:24,070 --> 00:01:25,708 No heroes at George Mason High. (CELL PHONE RINGS) 37 00:01:25,772 --> 00:01:27,649 These are city kids. They know better. 38 00:01:28,708 --> 00:01:30,016 Yeah, Green. 39 00:01:31,644 --> 00:01:33,385 Oh, okay. Thanks. 40 00:01:34,214 --> 00:01:35,750 Head shot died en route to the hospital. 41 00:01:35,815 --> 00:01:36,953 That's four dead. 42 00:01:37,016 --> 00:01:39,826 You ever see one of these mass shootings in a big city school? 43 00:01:39,886 --> 00:01:43,197 People move into the city to get away from crimes like this. 44 00:02:35,674 --> 00:02:37,676 GIRL: I was just talking to my friend. 45 00:02:37,743 --> 00:02:39,154 BRISCOE: Who's that? 46 00:02:39,211 --> 00:02:40,349 Emily. 47 00:02:40,812 --> 00:02:43,315 And I looked up, and there he was. 48 00:02:43,382 --> 00:02:45,828 He was just standing there, 49 00:02:46,251 --> 00:02:49,460 like he was waiting for someone to notice him or something. 50 00:02:49,988 --> 00:02:53,561 Like some kind of weak-ass ninja, right? Then I started to laugh. 51 00:02:53,625 --> 00:02:55,161 You started to laugh? 52 00:02:55,227 --> 00:02:56,865 I mean, he looked completely wack. 53 00:02:56,928 --> 00:02:59,067 I'm like, "What is this, Halloween?" 54 00:02:59,131 --> 00:03:01,042 And then he pulled out the gun. 55 00:03:01,099 --> 00:03:03,238 He just started shooting, and I froze, 56 00:03:03,302 --> 00:03:05,976 and then it's like there's this weird pause. 57 00:03:06,038 --> 00:03:07,745 No one knows what's happening. 58 00:03:07,806 --> 00:03:10,616 And finally people start screaming, 59 00:03:10,676 --> 00:03:12,656 and then he reloads, he starts shooting again. 60 00:03:12,711 --> 00:03:14,712 Was he targeting anybody, could you tell? 61 00:03:14,779 --> 00:03:18,192 Like zeroing in on any individuals, groups? 62 00:03:18,616 --> 00:03:19,924 I don't know. 63 00:03:19,984 --> 00:03:22,794 I couldn't help it I saw this ninja, 64 00:03:22,853 --> 00:03:25,265 and then Howard just popped into my mind. 65 00:03:25,323 --> 00:03:27,132 Why did he pop into your head? 66 00:03:27,191 --> 00:03:31,139 I don't know. Howard was always a little obsessed with that stuff. 67 00:03:31,195 --> 00:03:34,904 You know, guns, kung fu, all that. 68 00:03:35,866 --> 00:03:38,278 I even heard him say something about Columbine once. 69 00:03:38,502 --> 00:03:40,539 Really? What'd he say? 70 00:03:41,072 --> 00:03:44,144 Just that those guys were stupid for killing themselves. 71 00:03:45,142 --> 00:03:46,780 Was Howard at school today? 72 00:03:46,844 --> 00:03:49,518 No. But you know, after, 73 00:03:49,580 --> 00:03:53,289 like after I thought about it, it just didn't make sense. 74 00:03:53,351 --> 00:03:54,762 How come? 75 00:03:55,853 --> 00:03:57,423 Howard's black. 76 00:04:02,860 --> 00:04:04,032 Yeah, it's the same story with me, 77 00:04:04,095 --> 00:04:07,042 except this one girl came up with a name, Howard Earl. 78 00:04:07,098 --> 00:04:10,704 I sent a unit over to his apartment, just in case she's right. 79 00:04:10,767 --> 00:04:11,837 What's going on over here? 80 00:04:11,901 --> 00:04:14,404 No, no, no, he's got the whole thing. It's definitely prime time. 81 00:04:14,471 --> 00:04:16,974 Just tell me how high I can go for an exclusive window, all right? 82 00:04:17,040 --> 00:04:18,144 Hey, excuse you. 83 00:04:18,208 --> 00:04:19,687 The auction's over, kid. What? 84 00:04:19,743 --> 00:04:21,654 We're detectives. This is evidence. 85 00:04:21,711 --> 00:04:23,782 What's your name? Kevin Miller. 86 00:04:23,847 --> 00:04:25,019 You got this on videotape? 87 00:04:25,081 --> 00:04:26,583 Yeah, I got it all. 88 00:04:26,649 --> 00:04:28,219 Look, when can I get my tape back? 89 00:04:28,284 --> 00:04:31,265 Oh, don't worry, these vultures'll still want it anytime. Trust me. 90 00:04:31,321 --> 00:04:32,595 I don't care about the money. 91 00:04:32,655 --> 00:04:33,759 Yeah, right. Really. 92 00:04:33,823 --> 00:04:34,995 This could be my big break. 93 00:04:35,058 --> 00:04:36,628 What are you talking about? 94 00:04:36,693 --> 00:04:38,468 I want to be in the news business. 95 00:04:38,528 --> 00:04:39,905 No comment. 96 00:04:42,599 --> 00:04:43,805 (SHOTS FIRING) 97 00:04:43,967 --> 00:04:47,881 BOY: He's got a gun! Get down! Get down! 98 00:04:48,371 --> 00:04:49,975 (CHILDREN SCREAMING) 99 00:04:58,047 --> 00:04:59,355 He's reloading. 100 00:05:00,950 --> 00:05:02,554 (FIRING CONTINUES) 101 00:05:25,607 --> 00:05:26,881 (SOBBING) 102 00:05:27,776 --> 00:05:30,052 No one's going to be able to ID him. 103 00:05:31,246 --> 00:05:32,850 Ed's got a candidate. 104 00:05:33,749 --> 00:05:35,786 Yeah. Howard Earl. He's black. 105 00:05:36,385 --> 00:05:39,264 Classmate says that he's small, he has an attitude, 106 00:05:39,321 --> 00:05:42,734 he's obsessed with guns and he even talked about Columbine. 107 00:05:42,791 --> 00:05:44,293 What are you doing to locate him? 108 00:05:44,359 --> 00:05:48,307 Well, we got uniforms on his building, at the pizza place, 109 00:05:48,363 --> 00:05:50,843 and a couple of other neighborhood hangouts where he lives. 110 00:05:51,300 --> 00:05:53,906 Find out whatever you can about him. 111 00:05:54,803 --> 00:05:57,010 Spotty attendance, failing grades, 112 00:05:57,072 --> 00:05:59,518 suspended three times in the last year. 113 00:05:59,575 --> 00:06:01,576 Once for bringing a concealed weapon to school. 114 00:06:01,642 --> 00:06:03,246 A weapon? A box cutter. 115 00:06:03,311 --> 00:06:04,346 Did he use it? 116 00:06:04,412 --> 00:06:06,790 No, but he brandished it in the lunch room. 117 00:06:06,848 --> 00:06:09,328 We get the impression that he's not very popular, 118 00:06:09,383 --> 00:06:11,192 that other kids pick on him. 119 00:06:11,652 --> 00:06:15,759 Detectives, we have 3,000 students enrolled in this school 120 00:06:15,823 --> 00:06:16,927 from every walk of life. 121 00:06:16,991 --> 00:06:20,268 All I can tell you is he's not involved in any extra-curricular activities. 122 00:06:20,328 --> 00:06:22,001 No sports, no after-school. 123 00:06:22,063 --> 00:06:23,633 Did anybody reach his parents? 124 00:06:23,698 --> 00:06:24,938 No father listed. 125 00:06:24,999 --> 00:06:27,104 He lives with his grandmother at the address they gave you. 126 00:06:27,168 --> 00:06:28,306 Well, where's his mother? 127 00:06:28,369 --> 00:06:29,439 Prison. 128 00:06:29,737 --> 00:06:30,772 For what? 129 00:06:30,838 --> 00:06:32,579 Aggravated assault. 130 00:06:38,980 --> 00:06:42,985 Guy's name is Lonnie Nolan. Claims he saw Earl a few hours ago. 131 00:06:43,384 --> 00:06:46,729 Mr. Nolan, where was it you saw Earl? 132 00:06:46,787 --> 00:06:48,528 Coming out of the deli over on Broadway Terrace. 133 00:06:48,589 --> 00:06:49,624 ED: You sure it was him? 134 00:06:49,690 --> 00:06:50,725 Am I sure? 135 00:06:50,791 --> 00:06:54,432 His mother and me used to run together back in the day till she went crazy. 136 00:06:54,829 --> 00:06:56,102 BRISCOE: Crazy? 137 00:06:56,530 --> 00:06:57,668 Yeah. 138 00:06:59,065 --> 00:07:02,842 Cut this other bitch. Coked up out of her head. 139 00:07:02,903 --> 00:07:04,576 Next thing I know, there's all this blood. 140 00:07:05,038 --> 00:07:06,540 Familiar family saga. 141 00:07:06,606 --> 00:07:07,846 What was Earl wearing? 142 00:07:07,908 --> 00:07:11,651 Black sweatshirt, maybe dark pants, black bandana. 143 00:07:12,012 --> 00:07:13,150 Would you call it in? 144 00:07:13,213 --> 00:07:14,556 What's Howard done? 145 00:07:14,614 --> 00:07:16,389 We're not sure yet, Mr. Nolan. 146 00:07:16,449 --> 00:07:19,692 Listen, man, I ain't gonna lie to you, that boy scares me. 147 00:07:19,753 --> 00:07:21,858 I see him coming, I just cross the street. 148 00:07:23,623 --> 00:07:26,536 I've been thinking a lot about this Earl thing, 149 00:07:26,593 --> 00:07:28,664 and it just doesn't track for me. 150 00:07:28,728 --> 00:07:30,833 Since when do these things ever track? 151 00:07:30,897 --> 00:07:34,037 Well, it's just a black kid doing a school shooting like this 152 00:07:34,100 --> 00:07:35,602 doesn't fit the profile. 153 00:07:35,669 --> 00:07:39,981 Drugs, sneakers, gangs, that I'll buy. 154 00:07:40,273 --> 00:07:43,186 But a black kid shooting up a lunch room? 155 00:07:43,376 --> 00:07:45,720 Maybe we've finally reached full equality. 156 00:07:46,313 --> 00:07:50,193 Well, did he talk about his plans to anyone? Brag about them? 157 00:07:50,550 --> 00:07:52,551 If he did, we didn't find 'em. 158 00:07:53,152 --> 00:07:56,827 So we've got a 16-year-old kid boiling with rage, 159 00:07:56,889 --> 00:08:00,359 planning this fantastic revenge scenario, 160 00:08:00,759 --> 00:08:02,739 and he doesn't talk to anyone. 161 00:08:03,629 --> 00:08:05,973 Guys. We got another sighting. 162 00:08:06,031 --> 00:08:08,807 Remember, this is a sit-down only 163 00:08:08,867 --> 00:08:10,904 so bring the grandmother along, 164 00:08:10,970 --> 00:08:14,474 and make sure both of them know what his rights are. 165 00:08:18,644 --> 00:08:19,987 How you doing? OFFICER: Okay. 166 00:08:20,045 --> 00:08:22,924 Kid fitting that description went in that building 20 minutes ago. 167 00:08:22,982 --> 00:08:24,188 Figured I better wait for you guys. 168 00:08:24,249 --> 00:08:25,922 Thanks, Officer. Good job. 169 00:08:25,985 --> 00:08:27,055 This is him! 170 00:08:29,188 --> 00:08:30,223 I hate when they do that. 171 00:08:30,289 --> 00:08:32,200 I got him! Get the car! Cut him off! 172 00:08:33,559 --> 00:08:34,799 (CAR HONKING) 173 00:08:42,201 --> 00:08:43,475 (SIREN WAILING) 174 00:08:51,309 --> 00:08:52,652 (SIREN WAILING) 175 00:08:57,215 --> 00:08:58,888 Come here. Come here! 176 00:09:01,653 --> 00:09:03,599 All right, all right. You okay? 177 00:09:03,655 --> 00:09:05,896 I'm good. Ripped the new suit. 178 00:09:09,927 --> 00:09:10,928 We got company. 179 00:09:10,995 --> 00:09:12,269 I see 'em. 180 00:09:12,330 --> 00:09:14,776 Come on, move 'em back, Officer. Come on, out of the way. 181 00:09:14,832 --> 00:09:16,709 Come on, you heard him. 182 00:09:17,435 --> 00:09:18,743 Watch your head. 183 00:09:24,842 --> 00:09:28,016 BRISCOE: One of my ex-wives called this morning to bust my chops. 184 00:09:28,079 --> 00:09:29,990 Which one? I forget. 185 00:09:30,715 --> 00:09:33,457 God, he really does look like he's eight years old. 186 00:09:33,751 --> 00:09:36,027 I thought you were just going to talk to this boy. 187 00:09:36,087 --> 00:09:37,327 The kid had other plans. 188 00:09:37,388 --> 00:09:38,628 Where's his grandmother? 189 00:09:38,690 --> 00:09:40,101 She refused to come down. 190 00:09:40,158 --> 00:09:42,899 Yeah, she's probably scared out of her wits. 191 00:09:42,959 --> 00:09:44,131 Hey, how were we supposed to know 192 00:09:44,194 --> 00:09:46,697 there was gonna be a photographer staking out the scene? 193 00:09:46,763 --> 00:09:49,835 Well, the kid that told you about him obviously told the press. 194 00:09:49,900 --> 00:09:53,040 It was only a matter of time before they tracked him down. 195 00:09:56,807 --> 00:09:58,582 Has he even had breakfast yet? 196 00:09:58,742 --> 00:10:00,187 He won't eat. 197 00:10:00,243 --> 00:10:02,280 And he said he won't talk until his lawyer shows up. 198 00:10:02,345 --> 00:10:03,688 When is that supposed to be? 199 00:10:03,747 --> 00:10:05,988 Well, well, well, what have we here? 200 00:10:06,049 --> 00:10:08,086 Conspiracy to obstruct justice? 201 00:10:08,518 --> 00:10:09,861 Speak of the devil. 202 00:10:09,920 --> 00:10:11,297 ED: You're representing Howard Earl? 203 00:10:11,354 --> 00:10:12,424 I am. 204 00:10:12,489 --> 00:10:14,969 And I plan to bring a multi-million dollar suit against the city, 205 00:10:15,025 --> 00:10:17,904 the NYPD, and the three of you as individuals 206 00:10:17,961 --> 00:10:20,567 just as soon as this case is dismissed. 207 00:10:21,698 --> 00:10:23,974 Your client ran, Ms. Adams. 208 00:10:24,034 --> 00:10:26,480 Maybe it had something to do with black kids being afraid of cops 209 00:10:26,536 --> 00:10:29,244 and that y'all don't look exactly like the Prize Patrol. 210 00:10:29,306 --> 00:10:32,014 Okay, just do what you gotta do. 211 00:10:32,075 --> 00:10:34,021 Should've checked his alibi, officers. 212 00:10:34,077 --> 00:10:35,420 He was with his grandmother. 213 00:10:35,479 --> 00:10:37,185 My grandmother'd swear I was the Pope 214 00:10:37,246 --> 00:10:38,987 if she thought it'd get me out of trouble. 215 00:10:39,315 --> 00:10:42,228 They were visiting Howard's mother up at Bedford Hills 216 00:10:42,284 --> 00:10:44,195 at the time of the shootings. 217 00:10:44,253 --> 00:10:46,665 He was literally under lock and key. 218 00:10:47,089 --> 00:10:50,036 I'll have the prison fax you the sign-in sheet. 219 00:10:51,360 --> 00:10:53,966 I'd like to get my client now, please. 220 00:10:54,029 --> 00:10:56,009 I'm taking him out to breakfast. 221 00:11:00,770 --> 00:11:03,307 BRISCOE: We're checking on anybody who was absent yesterday. 222 00:11:03,405 --> 00:11:05,715 I understand. What kind of gun was used? 223 00:11:05,775 --> 00:11:07,311 A 9mm. Why? 224 00:11:07,376 --> 00:11:10,084 Nobody got a look at the shooter's face, right? Right. 225 00:11:10,780 --> 00:11:12,123 You sure he didn't say a word? 226 00:11:12,181 --> 00:11:13,489 Well, what's your point? 227 00:11:13,816 --> 00:11:16,729 What about a girl? A girl can handle a gun, right? 228 00:11:19,155 --> 00:11:21,157 She transferred here a month ago. 229 00:11:21,223 --> 00:11:24,898 Colleen Jacobs. She'd been harassed at her old school. 230 00:11:25,227 --> 00:11:27,605 Her classmates there heard her say that she'd like to kill 231 00:11:27,663 --> 00:11:29,904 everybody who teased her and then herself. 232 00:11:29,965 --> 00:11:31,603 Why wasn't something done about it? 233 00:11:31,867 --> 00:11:34,312 Something was done. They transferred her here. 234 00:11:35,336 --> 00:11:37,077 So much for a desperate cry for help. 235 00:11:37,138 --> 00:11:38,811 They transferred her here and... 236 00:11:38,873 --> 00:11:41,012 She wasn't making a good adjustment. 237 00:11:41,075 --> 00:11:42,452 She's been out the whole week. 238 00:11:42,510 --> 00:11:45,150 I was just about to sic the truant officer on her. 239 00:11:46,147 --> 00:11:49,458 Mrs. Jacobs, we checked with your daughter's school. 240 00:11:49,517 --> 00:11:50,996 She hasn't been there all week. 241 00:11:51,052 --> 00:11:53,032 Oh, no, no, not George Mason. 242 00:11:53,087 --> 00:11:55,863 No, we started her at Catholic school last week. 243 00:11:56,257 --> 00:11:58,965 Thank God, otherwise she would have been there yesterday. 244 00:11:59,027 --> 00:12:01,598 ED: The high school doesn't seem to know about this. 245 00:12:02,530 --> 00:12:05,374 Well, they obviously don't know much, Detective. 246 00:12:05,433 --> 00:12:07,037 I phoned them, I wrote them, 247 00:12:07,101 --> 00:12:09,377 I told them Colleen was leaving. 248 00:12:11,372 --> 00:12:15,548 Colleen, honey, these men are homicide detectives. 249 00:12:18,880 --> 00:12:20,860 You think I did it, don't you? 250 00:12:21,449 --> 00:12:23,395 You think I shot those kids. 251 00:12:24,052 --> 00:12:25,190 Did you? 252 00:12:26,554 --> 00:12:27,691 I wish I had. 253 00:12:27,821 --> 00:12:28,993 Oh, honey, don't say that. 254 00:12:29,056 --> 00:12:31,559 They're all jerks at that school. I hate them. 255 00:12:31,625 --> 00:12:32,933 You don't mean that. 256 00:12:32,993 --> 00:12:36,031 But if I had done it, I wouldn't have wussed out and worn a mask. 257 00:12:36,096 --> 00:12:38,599 I would have wanted everyone to know it was me. 258 00:12:38,665 --> 00:12:39,973 Then maybe they would've gotten it, 259 00:12:40,033 --> 00:12:43,207 and they would've felt bad for the rest of their lives. 260 00:12:46,974 --> 00:12:47,975 (DOOR SLAMS) 261 00:12:48,141 --> 00:12:52,180 She doesn't know what she's saying. She's depressed. 262 00:12:53,313 --> 00:12:56,055 Well, we're going to have to check with her new school. 263 00:12:58,886 --> 00:13:01,924 It happened at lunchtime, right? The shooting? 264 00:13:02,522 --> 00:13:04,195 Yeah, it was about 12:30. 265 00:13:06,093 --> 00:13:08,130 Colleen was in therapy. 266 00:13:08,362 --> 00:13:09,466 (CELL PHONE RINGING) 267 00:13:09,530 --> 00:13:10,702 Excuse me. 268 00:13:12,599 --> 00:13:13,839 Yeah, Green. 269 00:13:17,037 --> 00:13:18,573 ED: So what do we have here? 270 00:13:18,639 --> 00:13:20,516 Brian got this e-mail. 271 00:13:21,375 --> 00:13:22,445 When'd you get this? 272 00:13:22,509 --> 00:13:23,851 BRIAN: Couple of hours ago. 273 00:13:24,277 --> 00:13:25,347 Who's it from? 274 00:13:25,411 --> 00:13:27,186 Calls himself Ninja Nightmare. 275 00:13:27,246 --> 00:13:28,816 BRISCOE: Why'd he send it to you? 276 00:13:28,881 --> 00:13:30,155 I don't know. 277 00:13:30,583 --> 00:13:32,460 Brian's the Student Council President. 278 00:13:32,852 --> 00:13:35,662 Look. It says he's coming back to finish what he started. 279 00:13:35,721 --> 00:13:37,758 That's what got us so nervous. 280 00:13:37,823 --> 00:13:39,734 Okay, we're going to try to trace the e-mail. 281 00:13:39,792 --> 00:13:42,500 In the meantime, you stay right here with your parents. 282 00:13:44,664 --> 00:13:46,575 Any candidates on the sender? 283 00:13:46,632 --> 00:13:48,771 Well, we're going back to talk to the school psychologist, 284 00:13:48,834 --> 00:13:50,074 see what we can come up with. 285 00:13:50,136 --> 00:13:54,141 Well, sending an e-mail afterward is clearly learned behavior. 286 00:13:54,206 --> 00:13:56,243 This case is less than two days old, 287 00:13:56,309 --> 00:13:59,483 and we've already gone through two completely credible suspects. 288 00:13:59,545 --> 00:14:01,491 True. And who knows how long this list is going to be 289 00:14:01,547 --> 00:14:03,549 once we talk to the shrink. 290 00:14:05,484 --> 00:14:06,690 Ninja Nightmare? 291 00:14:06,752 --> 00:14:08,356 Any ideas, Doc? 292 00:14:09,889 --> 00:14:12,028 How long will it take you to get a court order? 293 00:14:12,391 --> 00:14:14,234 I can call the D.A.'s office right now. 294 00:14:14,827 --> 00:14:16,898 Forget the D.A. What do you got? 295 00:14:17,964 --> 00:14:19,738 There is a student. Who? 296 00:14:20,632 --> 00:14:22,669 I don't know if I can break privilege. 297 00:14:22,734 --> 00:14:25,977 We don't need to see the file, Doc, we just need a name. 298 00:14:28,306 --> 00:14:30,217 You realize what's at stake here? 299 00:14:30,275 --> 00:14:32,221 Of course I realize what's at stake. 300 00:14:32,277 --> 00:14:34,154 My daughter goes to school here. 301 00:14:34,679 --> 00:14:36,852 Then tell us what we need to know. 302 00:14:39,284 --> 00:14:41,787 This student, he's really scary. 303 00:14:41,853 --> 00:14:45,096 He's been kicked out of three different private schools before he came here. 304 00:14:45,156 --> 00:14:47,067 Some pretty violent episodes. 305 00:14:47,125 --> 00:14:49,002 How come you didn't tell us this before? 306 00:14:49,060 --> 00:14:52,530 Well, he's relatively new. I wasn't fully familiar with his history. 307 00:14:54,332 --> 00:14:56,243 Give us the name, Doc. 308 00:14:57,636 --> 00:15:00,549 Semple. Henry Semple. 309 00:15:01,673 --> 00:15:03,448 You know we're taking a chance, right? (DOORBELL BUZZING) 310 00:15:03,508 --> 00:15:04,851 Hey, it's called hot pursuit. 311 00:15:04,909 --> 00:15:08,516 I just don't want to end up on the cover of The Post twice in one case. 312 00:15:09,147 --> 00:15:10,319 Yes? 313 00:15:10,382 --> 00:15:12,919 Police. We're looking for Henry Semple. Is he at home? 314 00:15:12,984 --> 00:15:14,257 Yes. 315 00:15:17,988 --> 00:15:19,228 EDI Henry! 316 00:15:24,695 --> 00:15:26,436 Lennie, he's got a gun! 317 00:15:28,999 --> 00:15:32,674 (SIGHS) Well, partner, I think you just redeemed yourself. 318 00:15:40,244 --> 00:15:44,056 Docket ending 995. "People v. Henry Semple." 319 00:15:44,114 --> 00:15:45,991 "Four counts Murder in the Second Degree," 320 00:15:46,050 --> 00:15:48,326 "11 counts Attempted Murder Second." 321 00:15:48,986 --> 00:15:51,227 I'll hear you, Ms. Carmichael. 322 00:15:51,522 --> 00:15:53,524 Your Honor, the defendant, Henry Semple, 323 00:15:53,590 --> 00:15:57,163 armed with a semi-automatic weapon and concealing his identity, 324 00:15:57,227 --> 00:15:59,434 entered the high school he attends and without provocation 325 00:15:59,496 --> 00:16:01,874 emptied his weapon at his fellow students, 326 00:16:01,932 --> 00:16:03,741 wounding 11 and killing four. 327 00:16:03,801 --> 00:16:06,042 Despite his age, the People request remand. 328 00:16:06,103 --> 00:16:08,083 Judge, I'm not going to try this case today 329 00:16:08,138 --> 00:16:09,548 but the facts just proffered by the People 330 00:16:09,605 --> 00:16:11,585 will obviously be disputed at trial. 331 00:16:11,641 --> 00:16:14,121 I should add, Your Honor, that ballistics has matched the gun 332 00:16:14,177 --> 00:16:16,783 recovered from the defendant with the murder weapon. 333 00:16:16,846 --> 00:16:19,383 Are you saying they got the wrong guy, Counselor? 334 00:16:19,449 --> 00:16:21,725 The wrong kid, Your Honor. 335 00:16:22,318 --> 00:16:24,059 And, no, that's not our claim. 336 00:16:24,120 --> 00:16:27,124 It is our contention, however, that the shooting was not without provocation, 337 00:16:27,190 --> 00:16:29,329 and will ultimately lead to different conclusions 338 00:16:29,392 --> 00:16:31,338 than those reached by the People. 339 00:16:31,394 --> 00:16:33,965 Present in court today are the parents of my client. 340 00:16:34,263 --> 00:16:36,209 His father, Bill Semple, is a corporate partner 341 00:16:36,265 --> 00:16:37,767 for the law firm of Whittier and Hughes 342 00:16:37,834 --> 00:16:40,872 and a former attorney for the Justice Department's Antitrust Division. 343 00:16:40,937 --> 00:16:43,941 JUDGE: I appreciate his family's here, Counselor, 344 00:16:44,006 --> 00:16:46,543 but do you honestly expect I'm sending him home? 345 00:16:46,609 --> 00:16:49,055 No, Your Honor. Mr. and Mrs. Semple are, however, 346 00:16:49,112 --> 00:16:52,184 asking that their son be committed to a private, 347 00:16:52,248 --> 00:16:54,626 secure psychiatric facility in lieu of bail. 348 00:16:54,684 --> 00:16:57,130 They have offered to assume the cost of his incarceration there, 349 00:16:57,186 --> 00:17:01,032 as well as the cost of his transportation to and from court as required. 350 00:17:01,090 --> 00:17:02,763 We have buses at Rikers to do that. 351 00:17:02,825 --> 00:17:06,499 But not the medical health professionals available at a private facility. 352 00:17:06,561 --> 00:17:08,040 It's our contention that such an environment 353 00:17:08,096 --> 00:17:09,905 will assist all the parties, including the People, 354 00:17:09,965 --> 00:17:12,605 in assessing an appropriate course of treatment for my client. 355 00:17:12,667 --> 00:17:15,170 The only treatment the People are interested in at this point 356 00:17:15,237 --> 00:17:18,047 is life behind bars so he can never do this again. 357 00:17:19,007 --> 00:17:21,817 I'm sorry, Counselor, but given the nature of these charges 358 00:17:21,877 --> 00:17:25,552 I simply won't risk the safety of any employee of a private facility. 359 00:17:25,614 --> 00:17:27,525 Accordingly, the defendant is hereby remanded 360 00:17:27,582 --> 00:17:30,085 to the Department of Correction without bail. 361 00:17:30,152 --> 00:17:31,358 (GAVEL BANGS) 362 00:17:40,262 --> 00:17:43,573 Why not let his parents pay the cost of his incarceration? 363 00:17:43,832 --> 00:17:46,608 Because it creates an appearance of impropriety. 364 00:17:46,668 --> 00:17:50,616 Wealthy parents getting special consideration for their son. 365 00:17:50,672 --> 00:17:52,117 I also don't think we want the jury pool 366 00:17:52,174 --> 00:17:55,087 hearing anything about a private psychiatric hospital. 367 00:17:55,143 --> 00:17:57,885 That just gives his lawyer a leg up in the insanity defense. 368 00:17:57,946 --> 00:18:00,892 So a kid who obviously needs psychiatric treatment 369 00:18:00,948 --> 00:18:02,586 doesn't get it because no one does, 370 00:18:02,650 --> 00:18:05,688 and we keep him at Rikers because it makes our case look better. 371 00:18:05,753 --> 00:18:08,097 This is a strange way to run a candy store. 372 00:18:08,155 --> 00:18:10,362 Keeping this kid out of a psychiatric hospital 373 00:18:10,424 --> 00:18:12,563 is our best shot at keeping him off the streets. 374 00:18:12,626 --> 00:18:13,798 Permanently. 375 00:18:13,861 --> 00:18:15,033 Permanently? 376 00:18:15,095 --> 00:18:17,075 I assume we're seeking the maximum here. 377 00:18:17,131 --> 00:18:19,771 Consecutive life terms 378 00:18:19,834 --> 00:18:22,075 for a kid who's just turned 16? 379 00:18:22,770 --> 00:18:25,512 Even at his age, that's a death sentence. 380 00:18:25,573 --> 00:18:27,519 Four children are dead, Nora. 381 00:18:27,575 --> 00:18:30,021 We can't just send him to bed without any dinner. 382 00:18:30,077 --> 00:18:33,286 I think Abbie's right. We have to deal with this kid severely. 383 00:18:33,347 --> 00:18:36,328 Life in prison won't deter the copycats, Jack. 384 00:18:36,383 --> 00:18:38,329 Not with their 15 minutes of fame. 385 00:18:38,385 --> 00:18:40,490 Well, what about the other kids in these schools? 386 00:18:40,554 --> 00:18:42,966 We want them to come forward, but if we send a message 387 00:18:43,023 --> 00:18:45,060 this is just the result of a troubled mind 388 00:18:45,126 --> 00:18:46,935 they'll try to handle it themselves. 389 00:18:47,361 --> 00:18:49,238 I watched this kid in court. 390 00:18:49,296 --> 00:18:51,902 He showed absolutely no signs of remorse. 391 00:18:54,635 --> 00:18:58,548 Well, I can't ask for life without a psychiatric evaluation. 392 00:18:59,005 --> 00:19:01,611 He concealed his identity. He fled the scene. 393 00:19:01,674 --> 00:19:03,312 Those are both pretty good indicators 394 00:19:03,376 --> 00:19:04,912 that he knew the difference between right and wrong. 395 00:19:04,978 --> 00:19:06,514 There's no middle ground here. 396 00:19:07,413 --> 00:19:09,950 We've got the gun. Do we have any witnesses? 397 00:19:12,051 --> 00:19:13,826 Best one's the kid with the video. 398 00:19:15,788 --> 00:19:18,860 Better get on that right away before he sells his credibility. 399 00:19:23,529 --> 00:19:25,736 Some of the kids don't want to come in here anymore. 400 00:19:25,798 --> 00:19:27,038 But not you? 401 00:19:27,100 --> 00:19:28,943 I figure it comes with the territory. 402 00:19:29,636 --> 00:19:31,547 Getting shot comes with high school? 403 00:19:31,604 --> 00:19:34,380 No, I meant being an aspiring journalist and all. 404 00:19:34,440 --> 00:19:36,181 You know, I've been on CNN. 405 00:19:36,242 --> 00:19:37,619 Is that so? 406 00:19:37,677 --> 00:19:40,123 I'm supposed to do a town meeting on Nightline, 407 00:19:40,179 --> 00:19:42,682 but it might conflict with a special on NBC. 408 00:19:43,449 --> 00:19:45,690 Look, I'd really like to get the tape back. 409 00:19:45,752 --> 00:19:47,561 We still need it for awhile, Kevin. 410 00:19:48,021 --> 00:19:50,092 Now, I need you to think back. 411 00:19:50,156 --> 00:19:54,228 If you saw anything, anything at all, that wasn't on the tape. 412 00:19:54,760 --> 00:19:56,034 Like what? 413 00:19:56,094 --> 00:19:58,574 Like the kid's face. Like... 414 00:19:58,630 --> 00:20:00,906 No. No, just what's on the video. 415 00:20:02,034 --> 00:20:04,378 So where were you when the shots rang out? 416 00:20:04,636 --> 00:20:05,706 Lunch line. 417 00:20:05,771 --> 00:20:08,513 And you just happened to have a video camera with you? 418 00:20:09,408 --> 00:20:12,355 Well, I just got it I try to take it wherever I go. 419 00:20:13,011 --> 00:20:15,457 And I figured, last year in high school, 420 00:20:15,514 --> 00:20:17,516 final days and all that. 421 00:20:17,583 --> 00:20:21,793 I want to get my friends, make sure I had something to remember them by. 422 00:20:24,156 --> 00:20:25,760 Guess I do now, huh? 423 00:20:27,392 --> 00:20:30,430 Is your son's lawyer aware you're here, Mr. Semple? 424 00:20:30,696 --> 00:20:34,576 We're not sure this attorney really appreciates our son's situation. 425 00:20:34,633 --> 00:20:36,112 What situation is that? 426 00:20:36,168 --> 00:20:37,704 How is our son? 427 00:20:38,070 --> 00:20:39,708 Last report, he's doing all right. 428 00:20:39,871 --> 00:20:43,182 Six of the children he shot are still hospitalized. 429 00:20:48,546 --> 00:20:51,117 I'm very sorry to hear that. 430 00:20:54,318 --> 00:20:55,661 You don't believe me. 431 00:20:55,720 --> 00:20:58,394 Your concern seems a little late, that's all. 432 00:20:58,456 --> 00:20:59,901 MRS. SEMPLE: You think we knew? 433 00:21:00,024 --> 00:21:03,494 You think you can look at your child and know he's capable of this? 434 00:21:03,894 --> 00:21:07,171 I think it depends on how hard you're looking, Mrs. Semple. 435 00:21:07,231 --> 00:21:10,610 Look, maybe we deserve this, I don't know. 436 00:21:11,602 --> 00:21:13,479 But we came here to talk about Henry. 437 00:21:14,905 --> 00:21:16,680 What is it you want us to know? 438 00:21:17,808 --> 00:21:21,415 Henry's had some problems since we moved here from Virginia. 439 00:21:21,979 --> 00:21:23,424 What kind of problems? 440 00:21:24,515 --> 00:21:26,495 Nothing to suggest anything like this. 441 00:21:26,550 --> 00:21:28,188 You said in court 442 00:21:28,252 --> 00:21:30,892 you wanted Henry to spend the rest of his life in prison. 443 00:21:31,722 --> 00:21:35,295 The judge will determine your son's sentence, Mrs. Semple. 444 00:21:35,693 --> 00:21:38,264 But he's only 16 years old. 445 00:21:38,863 --> 00:21:41,365 He's lucky he's not facing the death penalty. 446 00:21:41,898 --> 00:21:45,038 You're the ones who sentenced that other boy to death, aren't you? 447 00:21:45,101 --> 00:21:48,048 The one who killed that delivery man. 448 00:21:48,104 --> 00:21:50,584 I told you, that kid was 18. 449 00:21:50,640 --> 00:21:53,746 They can't ask for the death penalty for Henry. He's too young. 450 00:21:53,810 --> 00:21:56,950 Your husband's right. The death penalty isn't applicable here. 451 00:21:57,447 --> 00:22:01,156 Our son needs help, do you understand? 452 00:22:01,217 --> 00:22:02,560 That's why we're here. 453 00:22:02,619 --> 00:22:04,929 That's why we want to change lawyers. 454 00:22:05,388 --> 00:22:09,165 Please, can't you just find some way to help him? 455 00:22:16,232 --> 00:22:17,472 We appreciate your time. 456 00:22:20,136 --> 00:22:22,582 I'll have Henry's new lawyer to get in touch. 457 00:22:27,243 --> 00:22:29,723 Well, there's a woman who's in complete denial 458 00:22:29,779 --> 00:22:31,554 about what's gonna happen to her kid. 459 00:22:31,614 --> 00:22:34,060 Maybe it's the safest place to be. 460 00:22:42,224 --> 00:22:43,328 Jack? 461 00:22:44,593 --> 00:22:47,403 Jamie Ross. What the hell are you doing here? 462 00:22:47,463 --> 00:22:48,703 Hi. 463 00:22:48,764 --> 00:22:50,937 This is a surprise. Come here. 464 00:22:51,967 --> 00:22:53,139 Sit. 465 00:22:53,736 --> 00:22:54,737 Thank you. 466 00:22:54,837 --> 00:22:55,838 How are you? 467 00:22:55,904 --> 00:22:57,281 I'm good. And you? 468 00:22:57,339 --> 00:22:58,340 Fine. 469 00:22:59,074 --> 00:23:00,314 Pictures. 470 00:23:00,375 --> 00:23:01,376 Ah, yes. 471 00:23:06,148 --> 00:23:08,185 Absolutely beautiful. 472 00:23:11,787 --> 00:23:14,324 But I thought you left us to spend more time with them. 473 00:23:14,690 --> 00:23:16,431 I did. I do. 474 00:23:17,326 --> 00:23:18,771 But every now and then a case comes along 475 00:23:18,827 --> 00:23:20,864 that makes me sit up and take notice. 476 00:23:24,600 --> 00:23:26,011 My appearance. 477 00:23:27,469 --> 00:23:28,812 Henry Semple? 478 00:23:29,772 --> 00:23:31,683 I was retained this afternoon. 479 00:23:33,007 --> 00:23:34,577 You're going to defend this kid? 480 00:23:34,909 --> 00:23:37,617 You mean instead of letting them take him out back and shoot him? 481 00:23:37,678 --> 00:23:39,419 Yes, I'm going to defend him. 482 00:23:40,848 --> 00:23:43,055 Come on, Jack, these shootings are a phenomenon of children, 483 00:23:43,117 --> 00:23:46,223 and yet you prosecutors are hell-bent to try them as adults. 484 00:23:46,687 --> 00:23:49,691 Pretty soon there'll be no distinction between children and adults at all. 485 00:23:53,194 --> 00:23:55,731 I assume Mr. Semple was aware we've worked together. 486 00:23:56,464 --> 00:24:00,503 Yes. He also knows there'll be no favors coming to me because of it. 487 00:24:00,835 --> 00:24:02,109 Good. 488 00:24:02,170 --> 00:24:04,673 He was with the Justice Department himself down in D.C. 489 00:24:04,739 --> 00:24:05,843 Yes, we met. 490 00:24:05,907 --> 00:24:08,683 Well, then you know how concerned these parents are for their child. 491 00:24:10,912 --> 00:24:12,687 What is it you want, Jamie? 492 00:24:13,314 --> 00:24:15,885 Am I going to have to fight with you? I don't want to fight with you. 493 00:24:16,350 --> 00:24:18,159 I don't want to fight with you either, Jack. 494 00:24:18,486 --> 00:24:21,296 I'm here to work toward some solution so we can both sleep at night. 495 00:24:22,690 --> 00:24:25,500 Jamie, four people are dead. Kids. 496 00:24:25,793 --> 00:24:27,931 Another six are in the hospital. 497 00:24:28,228 --> 00:24:30,572 The law demands your client be held accountable. 498 00:24:30,630 --> 00:24:33,736 It doesn't demand charging him as an adult without any evaluation. 499 00:24:33,800 --> 00:24:37,270 Come on. We both know what an evaluation's gonna to show. 500 00:24:37,904 --> 00:24:39,781 That the kid knew right from wrong. 501 00:24:39,839 --> 00:24:41,409 Which shouldn't be the end of the story. 502 00:24:41,474 --> 00:24:44,250 Not with the country in the middle of an epidemic of these things. 503 00:24:44,411 --> 00:24:47,051 I can only deal with the case in front of me. 504 00:24:55,388 --> 00:24:57,197 Motion to suppress the gun, the statements, 505 00:24:57,257 --> 00:24:58,702 and any other evidence you obtained 506 00:24:58,758 --> 00:25:01,204 as a result of that school psychologist's big mouth. 507 00:25:08,135 --> 00:25:11,309 I want to know if either of you talked to anyone other than 508 00:25:11,371 --> 00:25:14,944 the school psychologist who mentioned Henry Semple as a possible suspect. 509 00:25:15,008 --> 00:25:17,887 What do you want us to do, Counselor? Verify our sources? 510 00:25:17,944 --> 00:25:20,447 I think we need to remember that when Briscoe and Green 511 00:25:20,514 --> 00:25:22,721 made the decision to pursue the lead 512 00:25:22,782 --> 00:25:26,923 a threat had been made via e-mail that the shooter was coming back. 513 00:25:26,986 --> 00:25:29,159 We thought it was pretty important. 514 00:25:29,722 --> 00:25:33,568 All of us are subject to having our judgments reviewed by the courts, Detective. 515 00:25:33,626 --> 00:25:37,733 We're just trying to ascertain whether yours can withstand scrutiny. 516 00:25:38,797 --> 00:25:41,107 Did either of you consider getting a court order first? 517 00:25:41,634 --> 00:25:42,840 Yeah, we discussed it. 518 00:25:42,902 --> 00:25:43,937 CARMICHAEL: And? 519 00:25:44,003 --> 00:25:46,916 We both made the decision to proceed without one. 520 00:25:48,641 --> 00:25:51,884 This judge hears that, and exigency could be out the window. 521 00:25:55,948 --> 00:25:58,394 This psychologist had a child attending that school. 522 00:25:58,450 --> 00:26:00,657 I think she let her fear for that child's safety 523 00:26:00,719 --> 00:26:03,563 compromise her professional obligations to this student. 524 00:26:03,856 --> 00:26:05,995 I think there's a few thousand other students 525 00:26:06,058 --> 00:26:08,265 who'd say their lives may have been saved by it. 526 00:26:08,327 --> 00:26:10,329 So the ends justify the means? 527 00:26:10,396 --> 00:26:12,398 These cops had every reason to believe 528 00:26:12,464 --> 00:26:15,001 that the sender of the e-mail was the shooter. 529 00:26:15,067 --> 00:26:17,138 The means was simply going to the person 530 00:26:17,202 --> 00:26:19,545 who most logically could furnish an identity. 531 00:26:19,604 --> 00:26:22,278 They coerced her into violating privilege. 532 00:26:22,340 --> 00:26:25,549 What if it was your daughter he'd shot? What then? 533 00:26:26,144 --> 00:26:27,851 I'd pray that my fear for her safety 534 00:26:27,912 --> 00:26:29,550 wouldn't be used as an excuse to deprive 535 00:26:29,614 --> 00:26:32,060 three hundred million Americans of their Constitutional rights. 536 00:26:32,350 --> 00:26:35,559 And what about the rights of kids not to be shot at when they go to school? 537 00:26:35,620 --> 00:26:38,123 The fact remains that if a mental health care provider 538 00:26:38,189 --> 00:26:40,260 revealed this information about an adult patient 539 00:26:40,325 --> 00:26:42,100 we wouldn't even be having this conversation. 540 00:26:42,160 --> 00:26:43,662 We would if there was exigency. 541 00:26:43,728 --> 00:26:46,368 The e-mail indicated that the shooter wasn't finished. 542 00:26:46,431 --> 00:26:48,104 The e-mail was sent from New Orleans. 543 00:26:48,533 --> 00:26:51,514 That information was not communicated to these detectives. 544 00:26:52,003 --> 00:26:55,678 One phone call from their cell phones is all it would have taken, Your Honor. 545 00:26:55,740 --> 00:26:58,414 This is a printout from the NYPD computer crimes section 546 00:26:58,476 --> 00:26:59,853 indicating that the e-mail was traced 547 00:26:59,911 --> 00:27:03,654 almost an hour before these detectives showed up at the Semples' home. 548 00:27:08,319 --> 00:27:10,321 I'm afraid Ms. Ross is right. 549 00:27:10,388 --> 00:27:14,563 These police officers had plenty of time to verify their information 550 00:27:14,624 --> 00:27:16,331 or obtain a warrant. 551 00:27:16,393 --> 00:27:18,498 Balance the interests here, Your Honor. 552 00:27:18,562 --> 00:27:21,202 We're talking about a technical violation of the law 553 00:27:21,264 --> 00:27:23,244 against freeing a mass murderer. 554 00:27:23,367 --> 00:27:25,540 What we're talking about is doctor-patient privilege 555 00:27:25,602 --> 00:27:27,013 and the Fourth Amendment. 556 00:27:27,404 --> 00:27:31,216 I don't see how either can be construed as a technicality. 557 00:27:31,274 --> 00:27:33,117 And with no eyewitnesses and no other way 558 00:27:33,176 --> 00:27:35,281 for the police to come up with Henry Semple as a suspect... 559 00:27:35,345 --> 00:27:40,021 Everything seized becomes fruit of the poisonous tree, including the gun. 560 00:27:40,083 --> 00:27:44,532 Your Honor, if the law doesn't give people the sense it can protect them, 561 00:27:44,588 --> 00:27:47,432 they're going to end up protecting themselves. 562 00:27:47,491 --> 00:27:49,596 JUDGE: And judges do what in the meantime? 563 00:27:49,660 --> 00:27:53,073 Ignore the Constitution when it suits us? 564 00:27:55,065 --> 00:27:57,136 I've got no choice here. The charges are dismissed. 565 00:27:57,834 --> 00:28:00,906 The People can re-file if you can make out a case 566 00:28:00,971 --> 00:28:03,645 without the psychologist's profile. 567 00:28:11,380 --> 00:28:14,361 If we had committed him to a psych facility in the first place, 568 00:28:14,417 --> 00:28:17,023 he'd still be there instead of out on the street. 569 00:28:17,520 --> 00:28:19,431 It wouldn't be a problem if they'd pass laws 570 00:28:19,488 --> 00:28:22,298 that would allow school teachers and mental health professionals 571 00:28:22,358 --> 00:28:24,565 to release information without a court order. 572 00:28:24,627 --> 00:28:26,163 Only they haven't done it yet. 573 00:28:26,228 --> 00:28:27,730 Which is why we need a federal standard. 574 00:28:27,797 --> 00:28:31,370 Which we also don't have. Based on the merits, the court was right. 575 00:28:31,867 --> 00:28:34,541 How can releasing a kid that we know committed the crime be right? 576 00:28:35,070 --> 00:28:37,072 Doesn't it concern you at all 577 00:28:37,139 --> 00:28:40,177 that releasing a kid's name to the public without a court order 578 00:28:40,242 --> 00:28:42,586 creates a feeding frenzy for suspects? 579 00:28:42,645 --> 00:28:44,716 Not when someone else's life is at stake. 580 00:28:44,780 --> 00:28:47,226 Except these cops were given three names. 581 00:28:47,550 --> 00:28:50,929 One of them was dragged out of his own neighborhood in handcuffs 582 00:28:50,986 --> 00:28:53,830 because nobody bothered to verify the facts. 583 00:28:54,156 --> 00:28:56,932 The public looks to us to maintain law and order, 584 00:28:56,992 --> 00:29:00,166 not run around like chickens with our heads chopped off. 585 00:29:01,330 --> 00:29:04,209 (KNOCKING ON DOOR) Mr. McCoy, Ms. Carmichael, car's here. 586 00:29:04,999 --> 00:29:06,672 Be right there. Thanks. 587 00:29:07,502 --> 00:29:09,573 We're meeting with the parents of some of the victims. 588 00:29:09,637 --> 00:29:12,481 We have to tell them about the merits of the court's decision. 589 00:29:15,910 --> 00:29:18,481 So as a direct result of the judge's decision, 590 00:29:18,546 --> 00:29:20,184 we had to let him go this morning. 591 00:29:20,248 --> 00:29:21,727 What? 592 00:29:21,983 --> 00:29:24,964 You're saying this maniac is back on the streets? 593 00:29:25,553 --> 00:29:27,726 He was released into his parents' custody. 594 00:29:27,789 --> 00:29:30,360 They're the ones who couldn't control him in the first place. 595 00:29:30,425 --> 00:29:32,905 Could this bastard go back to school? 596 00:29:33,261 --> 00:29:35,172 JACK: I doubt he would. WOMAN: But he could. 597 00:29:35,230 --> 00:29:36,334 HOW? 598 00:29:36,397 --> 00:29:39,640 How could this judge just let him go? How could he just do that? 599 00:29:40,101 --> 00:29:42,672 The police gathered information without a court order. 600 00:29:42,737 --> 00:29:44,876 Who the hell cares how they found out? 601 00:29:44,939 --> 00:29:46,543 Everybody in here knows he did it. 602 00:29:46,608 --> 00:29:48,019 Let me tell you something. 603 00:29:48,076 --> 00:29:51,785 This kid shows up anywhere near this school, I'll take him out myself. 604 00:29:53,314 --> 00:29:55,521 We came here to let you know about this situation, 605 00:29:55,583 --> 00:29:58,120 but please don't forget we are officers of the court. 606 00:29:58,186 --> 00:30:00,893 That kind of talk could get you into a world of trouble. 607 00:30:01,121 --> 00:30:04,193 What we are asking you to do is try to remain calm 608 00:30:04,825 --> 00:30:06,395 and let us do our jobs. 609 00:30:08,829 --> 00:30:12,834 Our daughter Lilah was one of the kids who was shot. 610 00:30:13,567 --> 00:30:15,740 The bullet severed her spinal cord. 611 00:30:16,436 --> 00:30:18,575 They don't know if she'll ever walk again. 612 00:30:19,373 --> 00:30:22,786 Lilah never did anything to that boy. She didn't even know him. 613 00:30:23,310 --> 00:30:25,187 You can't just let him walk away from this. 614 00:30:25,846 --> 00:30:28,656 You can't just tell us that your hands are tied by the law. 615 00:30:30,617 --> 00:30:32,597 MAN: ls the D.A.'s office even aware 616 00:30:32,653 --> 00:30:36,123 that there's a rumor this kid told other kids he was gonna do this, 617 00:30:36,189 --> 00:30:38,465 and none of them did anything about it? 618 00:30:39,159 --> 00:30:41,833 I'm sick of learning things about this case after the fact. 619 00:30:41,895 --> 00:30:45,502 Hey, we talked to 52 kids who were either in the cafeteria 620 00:30:45,565 --> 00:30:47,977 or had been identified as friends of Semple. 621 00:30:48,035 --> 00:30:50,311 Nobody indicated that there were prior threats. 622 00:30:50,370 --> 00:30:52,145 Well, apparently someone knew. 623 00:30:52,205 --> 00:30:54,116 The parents claim that Semple told some kids 624 00:30:54,174 --> 00:30:55,618 he was going to shoot the place up. 625 00:30:55,675 --> 00:30:56,983 Do they have any names? 626 00:30:57,043 --> 00:30:58,954 Detective, I had just told them 627 00:30:59,011 --> 00:31:02,390 that we had to cut Semple loose because of your screw-up. 628 00:31:02,448 --> 00:31:05,258 I wasn't about to let them knew they knew more than we did. 629 00:31:05,318 --> 00:31:09,027 Anytime you think you can do my job better than me, just let me know. 630 00:31:09,088 --> 00:31:13,230 Your job is to gather evidence we can use in court. 631 00:31:13,960 --> 00:31:15,496 Not make headlines playing hero. 632 00:31:15,561 --> 00:31:17,438 That's what you think we were doing? Let me tell you something. 633 00:31:17,496 --> 00:31:19,407 The next time you go into court 634 00:31:19,465 --> 00:31:22,036 and somebody draws a gun on you, tell me how you deal with it. 635 00:31:22,101 --> 00:31:26,516 You don't like your job's requirements, Detective, turn in your badge. 636 00:31:27,640 --> 00:31:29,711 CARMICHAEL: Gentlemen, if we could just 637 00:31:29,775 --> 00:31:33,587 lower the level of testosterone just a little bit. 638 00:31:37,116 --> 00:31:39,323 Now, why don't we try to figure out away to find the kids 639 00:31:39,385 --> 00:31:41,558 who might have been told beforehand. 640 00:31:45,257 --> 00:31:47,999 ED: You lied, Kevin. We asked around. 641 00:31:48,561 --> 00:31:52,474 None of the kids remember you having that camera at school before that day. 642 00:31:53,231 --> 00:31:55,575 BRISCOE: You told us you had it with you all the time. 643 00:31:55,634 --> 00:31:56,772 MR. MILLER: Is that a crime? 644 00:31:56,835 --> 00:31:59,782 Making a mistake about when you take your video camera to school? 645 00:31:59,838 --> 00:32:02,876 The Semple kid walked with four dead. 646 00:32:02,941 --> 00:32:05,683 You think we're not gonna nail somebody for that? 647 00:32:06,444 --> 00:32:09,186 The only thing people hate worse than cops and lawyers, Kevin, 648 00:32:09,247 --> 00:32:10,487 is the media. 649 00:32:10,682 --> 00:32:11,990 Are you threatening him? 650 00:32:12,050 --> 00:32:15,259 We don't have to. All we have to do is tell everybody in that school 651 00:32:15,320 --> 00:32:16,924 he knew what was gonna happen 652 00:32:17,188 --> 00:32:19,691 and we just sit back and let nature take its course. 653 00:32:19,758 --> 00:32:21,294 I want your badge number. 654 00:32:21,493 --> 00:32:27,068 Look, just tell us who knew what Henry Semple was planning. 655 00:32:27,799 --> 00:32:29,244 I'm calling my son a lawyer. 656 00:32:29,301 --> 00:32:30,974 You can do that, Mr. Miller, you can call a lawyer. 657 00:32:31,035 --> 00:32:33,538 Nobody's gonna stop you, But I just want to you to think 658 00:32:33,605 --> 00:32:36,279 about what your son is going to take away from today. 659 00:32:37,175 --> 00:32:38,620 Four kids are dead. 660 00:32:39,911 --> 00:32:41,686 Your son could have been one of them. 661 00:32:42,847 --> 00:32:44,451 So I just want you to be sure in your heart 662 00:32:44,516 --> 00:32:47,155 that you're giving him the right advice by asking for a lawyer 663 00:32:47,217 --> 00:32:49,720 rather than helping us find the killer. 664 00:32:55,793 --> 00:32:57,101 Right now, Kev. 665 00:32:58,262 --> 00:32:59,673 Tell 'em who told you. 666 00:33:00,598 --> 00:33:01,941 Right now, Kev. 667 00:33:05,836 --> 00:33:07,941 I didn't even know who this kid was. 668 00:33:09,740 --> 00:33:11,879 Some kids gave him my number 669 00:33:13,610 --> 00:33:15,647 and he called me the night before. 670 00:33:16,880 --> 00:33:18,655 He said maybe I should bring a camera. 671 00:33:19,483 --> 00:33:23,727 He said some big-ass thing was going to happen with Henry Semple. 672 00:33:27,458 --> 00:33:29,335 But I didn't know what. 673 00:33:35,632 --> 00:33:38,613 The name, video boy, the name. 674 00:33:39,603 --> 00:33:41,878 I thought Henry was only joking. 675 00:33:42,171 --> 00:33:44,583 ED: What did you think was going to come out of that gun he showed you? 676 00:33:44,640 --> 00:33:45,880 A flag that says "bang"? 677 00:33:45,942 --> 00:33:48,115 I didn't think he'd do it. 678 00:33:48,611 --> 00:33:51,888 BRISCOE: Then why call Kevin Miller and tell him to bring his video? 679 00:33:51,948 --> 00:33:55,020 ED: You knew what was going to happen, didn't you? You wanted it to happen. 680 00:33:55,084 --> 00:33:56,222 I didn't. 681 00:33:56,285 --> 00:33:58,231 BRISCOE: Only you didn't tell anybody. 682 00:33:59,121 --> 00:34:01,692 Look, Paul, four kids are dead now. 683 00:34:01,758 --> 00:34:03,465 There's nothing you can do to change that. 684 00:34:04,193 --> 00:34:05,672 But if Henry goes out and he kills somebody else, 685 00:34:05,728 --> 00:34:07,639 you gonna tell us you didn't know about it then, too? 686 00:34:07,697 --> 00:34:09,677 The only reason Henry told me 687 00:34:09,732 --> 00:34:12,645 was 'cause he knew I got picked on just like he did. 688 00:34:15,004 --> 00:34:16,950 You got no idea what it's like 689 00:34:17,907 --> 00:34:21,411 to come to school every day and know these kids are gonna screw with you. 690 00:34:21,844 --> 00:34:25,417 That they're gonna steal your money, mess you up in the bathroom. 691 00:34:26,382 --> 00:34:29,226 Once Henry did this drawing he was real proud of, 692 00:34:29,285 --> 00:34:31,322 and these jocks just pissed on it. 693 00:34:32,054 --> 00:34:34,432 Then they made him put it back in his backpack. 694 00:34:37,426 --> 00:34:39,497 I didn't think he'd really do it, though. 695 00:34:40,195 --> 00:34:41,833 I really didn't. 696 00:34:43,732 --> 00:34:46,645 You have a kid who'll say he thought Henry wasn't serious. That's it. 697 00:34:46,701 --> 00:34:48,271 JACK: And another who made the video. 698 00:34:48,336 --> 00:34:49,838 Who can't make an ID. 699 00:34:50,372 --> 00:34:53,182 A jury puts the two together, we think we have a shot. 700 00:34:53,241 --> 00:34:55,278 What about when they hear another kid told the police 701 00:34:55,343 --> 00:34:57,118 that Howard Earl was the shooter? 702 00:34:57,179 --> 00:34:58,681 Or that a guidance counselor blamed a girl 703 00:34:58,747 --> 00:35:00,249 who doesn't even attend the school anymore? 704 00:35:00,315 --> 00:35:02,454 Jurors read the papers same as we do. 705 00:35:02,517 --> 00:35:05,464 They know Henry did it They know he got off on a technicality. 706 00:35:05,520 --> 00:35:07,022 If you think they're not going to jump at a chance 707 00:35:07,089 --> 00:35:09,262 to convict him this time around you're wrong. 708 00:35:09,758 --> 00:35:13,137 Somebody better remind her of her ethical obligations as a prosecutor. 709 00:35:14,095 --> 00:35:17,474 You mean the one that says I should put someone on trial who I think is guilty? 710 00:35:17,532 --> 00:35:19,876 No, the one that says you need evidence to do it. 711 00:35:20,135 --> 00:35:22,137 I just told you our evidence. 712 00:35:24,439 --> 00:35:25,747 You'd go along with that? 713 00:35:26,575 --> 00:35:28,452 What's our alternative, Jamie? 714 00:35:28,510 --> 00:35:29,853 Make a civil commitment. 715 00:35:29,911 --> 00:35:31,652 Declare Henry not competent to stand trial, 716 00:35:31,713 --> 00:35:33,555 and he goes to a secure psychiatric facility. 717 00:35:33,614 --> 00:35:36,254 So some shrink can release him a few years from now? 718 00:35:36,317 --> 00:35:37,694 No, I don't think so. 719 00:35:37,752 --> 00:35:40,494 And what would be the basis for his incompetency? 720 00:35:41,021 --> 00:35:43,058 Henry has a mental defect. 721 00:35:43,624 --> 00:35:46,161 He was thrown from a horse when he was six. 722 00:35:46,427 --> 00:35:49,271 He had seizures. They thought there was brain damage. 723 00:35:49,964 --> 00:35:51,341 You're joking. 724 00:35:51,866 --> 00:35:54,608 We have no illusions about our son, Ms. Carmichael. 725 00:35:55,336 --> 00:35:57,338 We're just trying to figure this out. 726 00:35:58,639 --> 00:36:00,641 Well, it sounds like you're looking for away out. 727 00:36:00,708 --> 00:36:04,952 I have three other children. Good kids. I don't want them hurt. 728 00:36:05,012 --> 00:36:09,017 I also don't want Henry in Sing Sing for the rest of his life. 729 00:36:10,050 --> 00:36:11,461 Not at 16. 730 00:36:12,520 --> 00:36:14,693 At least let him talk to Skoda, Jack. 731 00:36:14,755 --> 00:36:16,428 What harm is there in that? 732 00:36:22,129 --> 00:36:23,574 EMIL: I hear you draw. 733 00:36:25,533 --> 00:36:26,773 Yeah. 734 00:36:27,901 --> 00:36:29,209 You any good? 735 00:36:31,838 --> 00:36:32,942 Don't know. 736 00:36:33,373 --> 00:36:34,943 How did you feel when those kids urinated 737 00:36:35,008 --> 00:36:37,818 on that picture you made and stuck it in your backpack? 738 00:36:41,247 --> 00:36:42,726 The way this works, Henry, is 739 00:36:42,782 --> 00:36:45,888 you answer my questions, then I talk to the D.A. 740 00:36:46,519 --> 00:36:48,931 and tell them what I think about what you said. 741 00:36:50,189 --> 00:36:51,759 Can you do that? 742 00:36:54,861 --> 00:36:56,340 Have a seat. 743 00:37:05,605 --> 00:37:08,085 These kids at school were pretty rough on you? 744 00:37:10,109 --> 00:37:11,679 They never left me alone. 745 00:37:12,378 --> 00:37:15,052 Was that what you wanted? To be left alone? 746 00:37:16,649 --> 00:37:18,026 I wanted to fit in. 747 00:37:20,220 --> 00:37:21,756 Why do you think you didn't? 748 00:37:25,257 --> 00:37:26,497 Don't know. 749 00:37:27,359 --> 00:37:29,100 Well, you must have some idea. 750 00:37:31,096 --> 00:37:33,508 When we lived in Virginia, it was different. 751 00:37:34,299 --> 00:37:36,245 There weren't so many of them. 752 00:37:38,470 --> 00:37:41,417 Till my dad got this new job in the city. 753 00:37:43,175 --> 00:37:45,280 I guess they all thought I was different. 754 00:37:46,111 --> 00:37:47,681 Did you feel different? 755 00:37:48,513 --> 00:37:49,753 Maybe. 756 00:37:50,916 --> 00:37:54,056 That still didn't give 'em any right to trash me like they did. 757 00:37:56,455 --> 00:37:58,731 You think they got what they deserved, then? 758 00:38:00,859 --> 00:38:02,429 Not for me to say. 759 00:38:03,362 --> 00:38:05,899 Just the same, if you were the one to say. 760 00:38:07,699 --> 00:38:10,009 I don't know. Maybe. 761 00:38:12,905 --> 00:38:15,044 Heard they're not making fun of me anymore. 762 00:38:16,208 --> 00:38:18,847 Heard they're even scared I might come back. 763 00:38:20,311 --> 00:38:23,292 That's sort of cool. Right? 764 00:38:26,150 --> 00:38:29,063 If you're asking me if he knew right from wrong, no question. 765 00:38:29,320 --> 00:38:30,799 If you're asking me whether he should 766 00:38:30,855 --> 00:38:32,960 spend the rest of his life in prison, 767 00:38:33,024 --> 00:38:34,731 it's a tougher call. 768 00:38:34,792 --> 00:38:35,827 Why? 769 00:38:35,893 --> 00:38:39,773 Because the fact remains a teenage brain's different from an adult's. 770 00:38:39,830 --> 00:38:41,036 Different how? 771 00:38:41,098 --> 00:38:43,578 Still maturing, same as the rest of the body. 772 00:38:44,135 --> 00:38:47,605 Frontal lobes, parts responsible for executive functioning, 773 00:38:47,672 --> 00:38:51,017 self-control, judgment, emotional regulation. 774 00:38:51,409 --> 00:38:54,652 We all went to high school. We all had problems. 775 00:38:54,712 --> 00:38:57,158 None of us picked up a gun and killed anyone. 776 00:38:57,215 --> 00:39:00,321 I'm just saying there's some science behind the phenomenon. 777 00:39:00,718 --> 00:39:03,324 Androgen, for example, that effects the amygdala. 778 00:39:03,387 --> 00:39:06,391 Part of the brain that controls things like fear and anger. 779 00:39:07,258 --> 00:39:11,001 It's like I said. If you're asking me if he knew right from wrong, he did. 780 00:39:11,595 --> 00:39:13,437 The rest is up to you guys. 781 00:39:15,031 --> 00:39:16,374 Thanks for the grub. 782 00:39:16,766 --> 00:39:18,245 Sure thing. 783 00:39:21,838 --> 00:39:23,044 The bottom line is, 784 00:39:23,106 --> 00:39:26,019 your son was able to appreciate the nature of his actions. 785 00:39:26,309 --> 00:39:30,155 And the PET scan showed no organic injury to the brain from any fall. 786 00:39:31,781 --> 00:39:33,055 Which means what? 787 00:39:33,750 --> 00:39:34,854 They're going to trial. 788 00:39:34,918 --> 00:39:37,762 Unless your client wants to save the taxpayers some money. 789 00:39:37,821 --> 00:39:39,425 A roll of the dice, Jack? 790 00:39:39,856 --> 00:39:41,392 Think of what's at stake. 791 00:39:41,758 --> 00:39:43,203 CARMICHAEL: We'll take our chances. 792 00:39:43,626 --> 00:39:45,264 MR. SEMPLE: You'll take your chances? 793 00:39:46,529 --> 00:39:48,634 Then what the hell happens when they find him not guilty? 794 00:39:49,399 --> 00:39:50,537 Bill... No. 795 00:39:52,602 --> 00:39:54,445 What are we all going to do then? 796 00:39:55,305 --> 00:39:57,410 I'll tell you what. Nothing. 797 00:39:59,109 --> 00:40:00,679 Because then he'll be out. 798 00:40:01,278 --> 00:40:03,656 He'll be out and maybe hurt other people. 799 00:40:07,817 --> 00:40:09,762 Let him go to a hospital, Jack. 800 00:40:10,119 --> 00:40:12,463 There's no basis for it in the law. 801 00:40:12,521 --> 00:40:15,195 An insanity plea would be a fraud here. 802 00:40:15,257 --> 00:40:17,567 And an acquittal? What will that be? 803 00:40:20,763 --> 00:40:22,140 He hurt our daughter. 804 00:40:23,532 --> 00:40:24,772 Two years ago. 805 00:40:25,634 --> 00:40:26,942 He broke her arm. 806 00:40:27,870 --> 00:40:29,076 And now he walks around the house... 807 00:40:29,138 --> 00:40:31,084 Bill, please. 808 00:40:32,207 --> 00:40:33,709 He's our son. 809 00:40:35,777 --> 00:40:37,415 Yes, he's our son. 810 00:40:38,881 --> 00:40:40,588 Then how can we? 811 00:40:43,118 --> 00:40:44,961 How can you what, Mr. Semple? 812 00:40:52,694 --> 00:40:55,732 He'll spend the rest of his life in prison. You realize that. 813 00:40:57,466 --> 00:40:59,139 JACK: Mr. Semple? 814 00:41:00,969 --> 00:41:02,312 MRS. SEMPLE: Bill... 815 00:41:04,372 --> 00:41:06,511 No, please. 816 00:41:09,077 --> 00:41:11,216 What choice do I have, Patricia? 817 00:41:11,679 --> 00:41:14,125 Please tell me, what choice do I have? 818 00:41:16,150 --> 00:41:18,426 Oh, sweet Jesus. 819 00:41:22,256 --> 00:41:23,894 He confessed. 820 00:41:25,727 --> 00:41:27,104 Okay? 821 00:41:28,996 --> 00:41:31,135 My son confessed to me. 822 00:41:53,354 --> 00:41:55,698 JACK: Where did this conversation take place? 823 00:41:56,057 --> 00:41:57,627 MR. SEMPLE: In my son's room. 824 00:41:57,692 --> 00:42:01,332 It was personal. That was between you and me. 825 00:42:01,962 --> 00:42:04,465 JUDGE: Control your client, Ms. Ross. 826 00:42:09,569 --> 00:42:12,015 JACK: What did your son say to you, Mr. Semple? 827 00:42:13,974 --> 00:42:16,181 Mr. Semple, what did your son tell you? 828 00:42:19,746 --> 00:42:22,022 I came home as soon as my wife called me 829 00:42:22,082 --> 00:42:24,323 and told me what happened at the school. 830 00:42:25,719 --> 00:42:27,392 I asked her where Henry was. 831 00:42:28,355 --> 00:42:31,598 When I went into his room, he was just sitting on his bed. 832 00:42:32,325 --> 00:42:35,238 The lights weren't on, but I could tell that he'd been crying. 833 00:42:35,595 --> 00:42:36,938 JACK: What did you do? 834 00:42:39,499 --> 00:42:41,240 I put my arm around him, 835 00:42:42,369 --> 00:42:43,871 sat next to him. 836 00:42:45,806 --> 00:42:47,285 What did he say? 837 00:42:47,807 --> 00:42:50,310 That he was scared. Scared about going to school. 838 00:42:51,111 --> 00:42:53,955 Scared of what some of the other kids might do to him? 839 00:42:59,418 --> 00:43:01,591 Scared about what he'd done to them. 840 00:43:03,856 --> 00:43:07,736 Scared that he'd missed some of the real jerks 841 00:43:07,793 --> 00:43:11,138 and wouldn't get a chance to take them out again before... 842 00:43:15,501 --> 00:43:18,311 JACK: What made you finally come forward, Mr. Semple? 843 00:43:25,678 --> 00:43:27,419 Because I was scared, too. 844 00:43:27,680 --> 00:43:29,717 Scared that he'll do it again. 845 00:43:35,688 --> 00:43:36,928 Henry. 846 00:43:38,691 --> 00:43:40,762 Henry, for God sakes! 847 00:43:54,806 --> 00:43:58,117 I understand from your note the jury's reached a verdict. 848 00:43:58,676 --> 00:44:00,053 We have, Your Honor. 849 00:44:01,145 --> 00:44:03,625 Will the defendant please rise. 850 00:44:07,618 --> 00:44:09,120 You may read the verdict. 851 00:44:10,455 --> 00:44:12,696 JURY FOREWOMAN: On the first four counts of the indictment 852 00:44:12,757 --> 00:44:15,294 charging Murder in the Second Degree, 853 00:44:15,360 --> 00:44:18,307 we find the defendant Henry Semple 854 00:44:19,364 --> 00:44:20,775 guilty, 855 00:44:28,273 --> 00:44:29,581 Daddy? 856 00:44:51,495 --> 00:44:55,272 I understand his father's going to ask for leniency at the sentencing. 857 00:44:55,866 --> 00:44:59,609 I doubt anything's going to save this kid from life in prison at this point. 858 00:45:00,704 --> 00:45:02,547 With what's waiting for him 859 00:45:02,606 --> 00:45:04,677 it might have been kinder to give him the needle. 860 00:45:06,076 --> 00:45:07,851 Either works for me.