Close to Home (2005) s01e10 Episode Script
109 - Baseball Murder
Be a hitter,Ben.
Come on,Sam.
Safe! Loser.
You're a loser,Sam.
Shut up.
You suck.
You play like a girl.
Shut up,Ben.
Strike him out,Ben.
Come on,Sammy,let's go.
Hey.
Eyes in.
Here we go.
Strike one.
Come on,Sammy, use your head,son.
Come on,Sam.
Attaboy,come on now.
Come on, I'm filming you.
Come on,Sammy, get your shoulders back.
come on,like I taught you now.
you are out Call 911! Get out of the way.
Back up.
This is un-freaking-believable.
What? Some kid at a youth league baseball game just bashed another boy's head in with a baseball bat.
Oh,my God.
He walked right up, he swung full on and hit the other team's pitcher in the head.
No helmet,nothing.
How old are they? Those poor parents.
It's just ridiculous.
It's unbelievable.
Sports has turned into a bunch of chest-bumping, high-fiving,trash-talking idiots.
And this is the result.
Some kid can't stand losing, so he grabs a bat and bashes the winner's head in.
So,how do we handle this? As far as I'm concerned, we can charge him with murder.
Steve,he's just 14.
That's old enough to know better.
You swing a bat at somebody's head, you are not intending to scare them.
Are there any other details? Is it gang-related, robbery attempt? This is a youth league baseball game, with a bunch of parents sipping wine coolers.
I don't think there were many gang members there.
Bat boy's waiting in the box with his folks.
They've waived the right to counsel.
They want to cooperate.
Well,that's our vicious killer.
Yes,ma'am.
All 100 pounds of him.
I'm Police Detective Williams.
This is Annabeth Chase.
She's from the DA's office.
She's here to determine what charges to file against your son.
I'm Frank Beringer.
I'm Sammy's dad.
This is,uh,this is Kerry,my ex-wife.
We both feel terrible about this.
I know Sammy does,too.
Why don't you tell her what happened,Sammy.
Sam? I just lost it.
You know how kids are.
You know,he he saw red for a second.
He just lost his temper in the heat of the moment.
Right,Sam? It was after the game.
Everything was over.
I was really,really mad.
I had the bat in my hands and I I walked over to Ben.
I swung at him.
His team won and your team lost? Mm-hmm.
Were you upset about that? I don't know.
Is there anything else you were mad about? I don't know.
Did this boy? Ben.
Ben Brown.
We've known Ben and his mom since the boys started T-ball.
Did Ben say anything or do anything to make you mad today? Was he harassing you? Hey,Ben's a competitor,you know? They're both competitive.
That's no excuse for what happened, but that that's just the way it is.
It's my fault.
Ben didn't do anything wrong.
Look,Ms.
Chase, we take full responsibility for what happened.
Now,you doyou do whatever you have to do, but I want you to know that this kid is going to get punished on our end.
That's right.
We understand that there'll be penalties to pay.
Community service, a fine of some kind, probation or What is it? What's wrong? I don't think you understand.
Ben died on the way to the hospital.
This is a murder case.
Oh,my God.
No,no,no xxx on the hyper-competitive culture which surronds youth sports, a 14-year-old Indianapolis boy was arrested today for killing another boy on the baseball field.
According to coaches of both boys, they've been playing since they were seven years old.
They're going to run this story right into the ground.
Can you blame them? We should get a statement ready.
I'll get into it.
and we are awaiting a press conference.
We'll bring that to you as soon as we can.
Hey,Maureen, can I talk to you? Yes,Ian.
I,uh,I just Your I don't know how to say this.
Try using words.
Your sister's been arrested.
Which sister? For what? I don't know.
Rob Burke just called from the precinct.
He said something about shoplifting.
Get someone to cover my arraignments this afternoon.
Danny, don't say anything to anybody.
About what? I'm so sorry about your son, Mrs.
Moran.
Have the boys been fighting,Sammy and Ben? No.
They were friends.
I mean,look at them together.
They're friends.
Our families are close.
I mean,that's what makes this so Witnesses say there was a lot of trash-talking during the game.
That's just what boys their age do.
They tease each other mercilessly, give each other a hard time.
That's how they communicate.
They do it at all the games.
I don't understand why it happened.
I am so sorry.
Sam's mother called me.
And she asked me if she could come to Ben's funeral.
I didn't know what to say.
I mean, what would you say? I never imagined my little boy's funeral.
I imagined his wedding day, his graduation day.
But not in his grave.
Not standing over his grave.
What has gotten into you? I was going to pay for everything,I swear to God.
Why didn't you stop when the sensor went off? Those things go off all the time.
Yes.
I tried to explain it at the store.
Please,I just want to go home.
We are way past this being a misunderstanding.
I accidentally walked out with a couple of things.
It's not a big deal.
A scarf,earrings, a silk blouse? It's a big deal to the store.
They're lucky I don't sue them.
That guard hurt my arm.
They have witnesses.
So,what,you don't believe me either? Great.
Whatever.
Can you just fix this? Talk to someone so I can leave,please? You can give me a lecture later.
No,I can't.
God,Maureen,you are like some big fancy prosecutor, and I am your sister.
Can't you do me one favor? Is that the only reason you called me 'cause you thought I could somehow get you out of this? The store is insisting on pressing charges.
Forget it.
How big of a fine will it be? Can I pay it today.
It may not just be a fine.
But,ultimately, it's up to the judge.
Can you at least handle everything? I don't want Roger to find out about this.
It's a matter of public record.
He's going to hear about it.
You're going to need an attorney.
There'll be an arraignment,a hearing.
Oh,God.
A trial? God! Am I going to jail? That isn't likely.
It's your first offense.
Everything's going to be okay.
I just need to know what's going on with you.
Why are you stealing things,Cassidy? I'm fine.
I just made a stupid mistake,that's all.
You can't help me with it.
Got it.
The victim's mother is grieving.
I don't think we can put her through a trial.
I'd like to try to plead this out.
The prosecutor in me says he'll get to the jury.
If you want to charge him as a juvenile,fine, but I want voluntary manslaughter,12 to 20 years.
Steve,the kid is not a monster.
I think we should go for assault with deadly weapon.
That's four years.
What if this were your child? What if this child only picked up a glove and played baseball? I raised two boys- both can play ball- and I got to tell you,if someone did that to one of my kids, four years in a juvenile detention facility wouldn't nearly be enough.
All right,you want 12, I want four.
Let's meet in the middle.
I can live with that.
Involuntary manslaughter? What does that mean? It means your son meant to hit Ben with the bat, but he didn't intend to kill him.
Look,we all agree he needs to be punished,but eight years With all due respect, we're not talking about a small child who picked up a gun and didn't know how it worked.
We're talking about a young man who picked up a baseball bat and killed someone with it.
Ms.
Chase, would you mind if we discussed this plea offer in private? You know what,Counselor, there's nothing to discuss, because we're going to pass on this offer.
You don't want to do that.
You really don't.
He's a kid.
And this was an accident- a horrible,tragic accident.
A boy is dead,Mr.
Beringer.
You think we don't know that? You think we won't live with this every day? Look,we'll pay restitution, we'll do what we can, but I will not let you lock him up and send him to prison.
- Dad,it's okay.
- No,it's not okay! If you reject this plea offer, you're going to force my office to try your son as an adult.
He made one mistake And a boy died because of it.
Ms.
Chase,look What could I do? We both gave them the facts.
It's their decision.
Here's a fact.
If your clients force me to try their son as an adult, I'll convict him of second degree murder, and he'll spend the next Maybe.
What do you mean maybe? I have a stadium full of witnesses.
Don't dismiss me, Annabeth.
I'm good at this.
And all I need is one juror to look past the facts and see a young boy that belongs in a classroom and not a five-by-nine cell.
xxx Judy I thought our plea bargain offer was fair, but they're willing to take their chances at trial.
This is outrageous.
What are his parents thinking? They're willing to drag my family through a long,drawn-out trial? I know how hard this must be.
I want to be forgiving I really do I pray for the strength to forgive.
What exactly is this kid's defense? Bottom line- we need to be ready for everything.
I'm sure they'll say he was provoked.
Maybe even swung in self-defense.
Nice.
Blame the victim.
What else are they going to do? What story are you going to tell the jury? There's only one story to tell.
An angry kid who lashed out and killed in front of dozens of witnesses.
By all accounts,Sammy swung the bat right at the victim's head.
Actually,there are a couple of conflicting statements about that.
Different people saw the same event differently.
They always do.
And a lot of the team parents like Sammy's mom, so they're not too keen on testifying against him.
There has to be umpteen parents videotaping that game.
We videotape every waking minute of my daughter's life.
Let's get all the team parents together at the baseball field.
Subpoena their camcorders and show the jury exactly what happened.
Talked to a friend of mine at the firm, and he thinks Cass just might get a warning if we can get this in front of the right judge.
It's what happened to his niece.
- Someone at the firm? - Yeah.
Does he have all the facts? Did you tell him it was your wife at a designer boutique, not a teenager on a dare at the mini-mart? Roger,I talked to the arresting officer and tried to get the charges reduced.
Cassandra had over $2,000 worth of merchandise, and it was not on impulse.
She moved from department to department.
It's all on video.
She has a problem.
You have no idea what your sister's problems are.
The last thing she needs right now is a criminal record.
I have seen this a thousand times.
And stealing is just a symptom of a much bigger problem.
And the problem is not just Cassie's.
You need to pay attention to her.
I can't believe you're turning this back on me.
I know my sister.
Really? Did you know that she lost a baby last month? Maureen? Did you know that she had a miscarriage? Did you even know she was pregnant in the first place? If you don't want to help out your own family,fine- that's your choice- but don't tell me to pay attention to my wife because I am the only one who pays attention.
I don't know if Cassie had a chance to tell you this before, how proud we both are about your new promotion.
I was packing up the batting helmets when I saw Sammy stomp by, holding a bat.
I told him I'd take it 'cause I was packing the stuff, but he just kept going.
And I could tell he was mad- real mad.
He walked right over to Ben and just hit him in the head.
I mean,just,boom,right there.
Didn't say a word.
I'll need your permission for Joshua to testify in court.
Of course.
We were so proud when Josh made this team.
Coach Whiting is a legend.
I mean,he's like a father to these kids.
And Sammy is one of his favorite ones.
I just never saw this coming.
Where were you during the attack? I was right here.
I was going over scheduling changes with my assistant coaches.
I was going to add a batting practice before the next playoff game.
Did you see Sammy hit Ben? Do you know why he went after Ben? No idea.
It was the playoffs.
It was a best of five series, and we just lost two games in a row.
One more and we were out.
Sammy hates losing.
I teach these boys to give everything they got to this game.
They play their hearts out.
It's tough not to win.
You tape these games,right? Yeah.
All coaches do.
It's a good learning tool.
I'd like to see tapes from both teams if I could.
Yeah,okay.
These are the tapes we received from the team parents.
Okay,the beating/killing is over at 2:58.
Now check this out.
This was recorded one minute earlier.
Just after Sammy struck out and his team lost the game.
Be patient.
The payoff's coming.
Okay,right there.
Coach tosses the murder weapon at the defendant at 2:57, the murder's over at 2:58.
What did he say? I mean,this is great, but I can't use it in court unless I know exactly what he says.
You don't need sound to know he's not saying,"Nice game,son.
" xx Yes.
a kid who took that bat and killed somebody Yes.
and now,instead of moving forward with the trial, you want to investigate his coach.
We're going to trial,Steve- this kid will be punished.
I'm just saying something or someone pushed him over the edge.
Yeah.
It's called competition.
It may look like a game to you, but it's not to them.
Look,I saw the tape.
That coach was right in Sammy's face.
It looks to me like he was incited.
- What were his exact words? I- I don't know.
We don't have audio yet.
I'm working on it.
He's a coach,Annabeth.
He gets in your face.
That's the job.
He demands more, and you rise to the challenge.
Sammy was pushed.
You don't think that matters? Sure.
And his mom didn't feed him right, and his dad didn't hug him enough.
That's the way it is today- there's no accountability, just blame somebody else.
You are a prosecutor, Annabeth.
It's not your job to defend this kid.
I'm not- but a great prosecutor once told me to have all the facts before I make a decision.
That'd be me.
But if he was incited to kill, why haven't we heard it from the defense attorney, at least as a mitigating factor? His attorney won't let him say anything.
- Why not? - His attorney's Cliff Reardon.
He's not interested in mitigation, he's interested in an acquittal.
Reardon- somebody ought to punch his bar ticket.
I'm still prosecuting this kid, but I need to find the truth here- if his coach put Sammy up to this, we can't just let it go.
Right now,dozens of parents are leaving their kids in his direct control.
What if he's unstable? What if he's pushing kids to be violent? Okay,fine, investigate the coach.
But I want more.
You need to fill in the holes in this videotape.
And yelling at one kid isn't gonna do it.
I need to see a pattern of abusive behavior, something that'll hold up in court.
Okay.
Have you got anything to corroborate your video between the coach and the kid? Nothing that'll stand up to an evidentiary challenge.
Audio tech can't pull anything useful to fill in the blanks in that section.
The camcorder was so far away, there's not enough audio to work with.
So now what? Now we have to get closer.
Who was on the field when the coach got to Sammy? It's hard to say- the ump,some kids.
Okay,see if you can find the ump; - I'll track down the kids.
- Okay.
What exactly did you see? I didn't really hear that much.
My brother left his mitt in the dugout, so I went to go get it for him after the game.
All I saw was the coach yelling at Sammy.
Well,he screams at the players all the time, so I didn't really pay attention that much.
Have you ever noticed anything off about Coach Whiting? Like I told the police, I like Coach Whiting.
Does he push the kids? Yeah.
But the truth is,most of these kids need to be pushed.
So,how long you been calling games? You sell insurance 9:00 to 5:00, you find ways to get out of the office.
You know, the truth is, I used to love it- the kids,the game.
It was important.
It was about families.
Now it's about money.
Kids,they see more than the game- they see scholarships,contracts.
Ben Moran's dead because the game isn't a game anymore.
Did you see what happened? I saw Whiting go to town on Sammy, screaming at him for losing the game.
You know what he said? He said he was ashamed to be his coach.
- Is that all you heard? - I didn't want to hear.
I just grabbed my gear and headed for the car.
Next thing I knew, Ben Moran was on the ground with his skull crushed in.
Okay.
Thanks for your help, Mr.
Martin.
Sure.
Hey You want to know about Whiting, you talk to Wynn Markel.
He took his kid off the team after game one of the series.
That-that's the city championship series.
He still pulled his kid.
Thank you.
Please state your full name for the record.
Christopher Markel.
Chris,do you understand what giving a sworn statement means? Yeah.
If I lie, you'll put me in jail.
Well,I wouldn't go that far.
But this does go on the record, so you'll need to be truthful,okay? How long did you play for Coach Whiting? Three years- since I was 11.
And what position do you play? Pitcher.
Well,I did, until I had to get off the team.
Can you tell me why you got off the team? We made it to the city championships, and Coach let me pitch game one.
I was doing okay- we were tied in the sixth.
Two outs,man on third.
Chris it's okay, you can tell us.
Ben was up, and he's their best player.
He almost always gets on base.
Coach told me to hit him.
He told you to hit Ben Moran with a pitch? Bean him- that's what he said.
Take him out so they wouldn't win.
And I said no,because I didn't want to get kicked out of the game.
Coach said to do it for the team.
So what did you do? I pitched anyway.
Ben hit a double to left and we lost.
Did you know about this? I should've come forward before.
Chris told me after the game.
I called Whiting, confronted him.
He denied ever saying it.
I told him Chris was off the team.
I don't want that guy anywhere near my son.
Coach Whiting told him to throw at Ben's head.
He wanted their star player hurt.
He couldn't Chris to do it so he used Sammy instead.
Okay,assuming that did happen, what are you proposing? We arrest the coach.
Charge him with inducing aggravated battery.
You don't have enough.
Maureen,he pushed those kids.
And he needs to go down,I agree, but we need more on this guy before we go to trial.
I wish you would have told me about the baby.
I called you three times.
You didn't call me back, Maureen.
I've just been busy.
I'm sorry.
I get home at 10:00 half the time, and I don't want to call too late.
- It's not an excuse - It's okay.
It wouldn't have made any difference.
Maybe it's a good thing how it turned out.
I mean,look at me.
I'm not ready to be a mommy.
- Cassie - Roger gives me everything.
Anything I want I have,and I'm still a mess.
The stealing is not about that.
You're going through a trauma, and you've been going through it by yourself.
I don't want you to feel like I'm your problem.
You are not a problem.
You are my sister.
And we haven't been spending enough time together.
Well,you're in luck.
I'm not going anywhere - you put me on probation.
no.
See,you did that to yourself, and you should be thankful that it's only probation and community service.
I don't mean to lecture you, I'm sorry.
I just want us to be okay.
We are okay.
We aren't seeing enough of each other.
But that's gonna change.
We can pick up trash together along the highway.
Not on your life.
Nice try,though.
Okay,bathroom.
- Be right back.
- 'Kay.
He tried to have the kid hit with a pitch? And that was game one.
Game two,he switched from a ball to a bat.
- How old are these kids? - 14.
Open up.
I'm sorry,you don't kill people at 14,you know? You read comics or stare at girls or try to take your own braces off.
You tried to take your own braces off? With pliers.
For real.
All I'm saying is, these kids, they're 14 going on 40.
Hello? Yeah,hang on.
Detective Williams.
Lily? Sorry about calling you at home.
I hope I'm not interrupting your family dinnertime.
What's up? You've been looking for a pattern of behavior.
Well,I think I found it.
I ran Coach Whiting's team roster for the past five years through our criminal database.
And? He's got two ex-players in juvie for violent crimes, and two more on probation.
None of these kids had records until after they played for Whiting.
I don't think he's just teaching these boys how to compete.
xxx xxx into that boy's hands,arrest him.
If we arrest him now, he lawyers up and I never get to question him.
What about the tape? You don't even know what he said to that kid.
So we play "hide the ball.
" Swear him in,put him on the stand in Sammy's trial, and get him to implicate himself.
Look,I really I want to stay neutral here,you know? I don't want to hurt this kid.
I'm not gonna ask you to do anything more than confirm the facts.
'Kay.
So just the facts.
Exactly.
So,at the end of the game, during the final handshakes, you were busy looking at the stat sheets.
Correct.
You didn't notice any exchange or hostility between the two boys at the time? 'Fraid not,no.
What was the score by the way? We lost by a run.
And what game was this of the series? Game two of five.
And you'd lost both games,so one more loss and the series would be over.
Well we'll never know.
Out-out of respect for the tragedy,the,uh, the league decided to forfeit the championship series.
Did you have a pitcher on your team named Christopher Markel? I did.
He wasn't with us for game two,though.
Why is that? He shook off one sign too many.
You can't play the game if you can't take orders.
He was an uncoachable kid.
Chrik Markel says he quit after game one because you came out to the mound and instructed him to bean Ben Moran; to throw the ball at his head.
Never happened.
So it's your sworn testimony that this player lied under oath in his deposition, that his father lied under oath in his deposition, and that none of your players in this team or any other teams you coached in the past will testify that you ordered them to commit similar acts against rival teams' players? I don't know what we're talking about here.
Your Honor,may we approach? Your Honor, the prosecution is confusing me.
Is there a reason you're shifting blame from the accused to the prosecution's own witness? Your Honor,it's certainly not my intent to absolve the defendant.
I'm just trying to illustrate the full context of his actions.
You sure you know where this is going? I do.
This has done nothing to alleviate my confusion.
So,Christoper Markel refused to obey your orders.
He said if he deliberately threw the ball at Ben's head, he'd get yanked out of the game.
And you told him,quote, "That's a trade I'd make any day of the week.
" I never said that.
He swears you did.
Then that boy is a liar.
You wanted to take Ben Moran out of the game, and you were willing to sacrifice one of your own players to get the job done.
I never said, "Throw at his head.
" I- I might have said,you know, "Brush him back.
Scare him.
" That's just baseball.
You know,that's how the game is played.
Is it fair to say your players look up to you? You have to ask them.
Is it fair to say you're used to your players obeying your instructions? Yes.
Yeah,that would be fair.
So,after game two,with the series on the line, when you got in Sam Behringer's face and told him to take a swing at Ben Moran, he knew you meant business.
I never said any such thing.
I never told him to hit anyone.
That's interesting, because I have videotape that shows you doing exactly that.
Your Honor,we haven't had access to this, and if this impugns my client in any way What are you talking about? We've turned over more than We've shared every tape, every interview, every deposition.
In all good conscience,I cannot charge my clients $300 an hour for viewing home videos of youth league games.
Well,don't blame me for not doing your homework.
I'm going to allow the prosecution to proceed.
Do you want me to keep playing this tape for the jury, or would you like to tell us what happens next? Look,I didn't tell him to hit anybody.
I knew he was friends with Ben.
I might have said,"Quit whining and complaining.
" I might have said that.
I was angry,all right! We lost.
And he cost us the game.
Thanks to him, we were losing the series and probably the season.
So,yeah,I might have waved the bat at him.
Yeah,I might have said, "Next time,try hitting something with it.
" I never thought he would swing it at Ben.
I never thought he'd kill anybody.
I mean,this was,this was a key game.
This was our shot.
You were up for a college coaching spot, so you had to win.
And if that meant sending out your players to injure and maim the other team, so be it.
This was never about the boys.
This was about you.
Look,that kid was a threat,and he was a dirty player himself.
If my boys were going to have any shot at winning we needed him off the field.
No further questions.
Oh,so I'm done? I'm done? You can't set me up like that then walk away.
No further questions, Your Honor.
Counsel? No questions, Your Honor.
The witness may step down.
So,what,you haul me up here to make me look like some kind, some kind of maniac? Is that what you want? No further questions.
Well,I've taken six teams to the finals.
Six teams! I've molded these boys.
I've turned losers into winners.
The witness will step down! I didn't do this,all right?! He did it! Son,you did this! I didn't do this! Officer of the Court! All right,fine.
I'm fine.
All right? Just don't.
Miss Chase,before anything gets said in here, I just want to thank you for what you just did.
Mr.
Whiting will be charged with inciting a minor to commit felony battery, contributing to the delinquency of a minor and whatever else we can charge him with to keep him from working with young people for the rest of his life.
But don't think you're off the hook.
I will tell the jury that your son still needs to be held responsible for his crime.
He could have said no.
Could have not swung that bat.
The best you can hope for is 12 to 20 years.
She's right.
I spoke to Ben's mom.
She agrees with this.
I'm not going to make this offer again, so let's put it to bed now.
Because of the mitigating circumstances, I'm willing to offer eight years in juvenile detention.
You will go to school, you'll get counseling, and you'll get out when you're 21.
I think that sounds fair.
We'll take it.
Good luck,Sam.
Heard you really snaked a guy today.
Is that the legal term? Good going.
Thanks.
Jack,honey? Coming to bed? What's all this? That is me.
Oh,my God,look at you.
Somebody get that kid a pair of pliers.
Is that yours? My dad bought me this.
I remember he put the ball in the pocket and he tied it up real tight and showed me how to oil down the leather so it stays soft.
Are you okay,honey? Yeah.
I just think about it,you know? Playing ball,hanging out with Dad.
It was fun.
Sometimes I wonder if I ever If you'll ever have that same kind of fun with your daughter? I will.
And it'll be great.
I don't know.
I just,sometimes, might be pretty great to have a son,too.
You think you could help me with that? Now? Now or later.
I do know I want to try again.
How many times? At least enough to cover the infield.
Come on,Sam.
Safe! Loser.
You're a loser,Sam.
Shut up.
You suck.
You play like a girl.
Shut up,Ben.
Strike him out,Ben.
Come on,Sammy,let's go.
Hey.
Eyes in.
Here we go.
Strike one.
Come on,Sammy, use your head,son.
Come on,Sam.
Attaboy,come on now.
Come on, I'm filming you.
Come on,Sammy, get your shoulders back.
come on,like I taught you now.
you are out Call 911! Get out of the way.
Back up.
This is un-freaking-believable.
What? Some kid at a youth league baseball game just bashed another boy's head in with a baseball bat.
Oh,my God.
He walked right up, he swung full on and hit the other team's pitcher in the head.
No helmet,nothing.
How old are they? Those poor parents.
It's just ridiculous.
It's unbelievable.
Sports has turned into a bunch of chest-bumping, high-fiving,trash-talking idiots.
And this is the result.
Some kid can't stand losing, so he grabs a bat and bashes the winner's head in.
So,how do we handle this? As far as I'm concerned, we can charge him with murder.
Steve,he's just 14.
That's old enough to know better.
You swing a bat at somebody's head, you are not intending to scare them.
Are there any other details? Is it gang-related, robbery attempt? This is a youth league baseball game, with a bunch of parents sipping wine coolers.
I don't think there were many gang members there.
Bat boy's waiting in the box with his folks.
They've waived the right to counsel.
They want to cooperate.
Well,that's our vicious killer.
Yes,ma'am.
All 100 pounds of him.
I'm Police Detective Williams.
This is Annabeth Chase.
She's from the DA's office.
She's here to determine what charges to file against your son.
I'm Frank Beringer.
I'm Sammy's dad.
This is,uh,this is Kerry,my ex-wife.
We both feel terrible about this.
I know Sammy does,too.
Why don't you tell her what happened,Sammy.
Sam? I just lost it.
You know how kids are.
You know,he he saw red for a second.
He just lost his temper in the heat of the moment.
Right,Sam? It was after the game.
Everything was over.
I was really,really mad.
I had the bat in my hands and I I walked over to Ben.
I swung at him.
His team won and your team lost? Mm-hmm.
Were you upset about that? I don't know.
Is there anything else you were mad about? I don't know.
Did this boy? Ben.
Ben Brown.
We've known Ben and his mom since the boys started T-ball.
Did Ben say anything or do anything to make you mad today? Was he harassing you? Hey,Ben's a competitor,you know? They're both competitive.
That's no excuse for what happened, but that that's just the way it is.
It's my fault.
Ben didn't do anything wrong.
Look,Ms.
Chase, we take full responsibility for what happened.
Now,you doyou do whatever you have to do, but I want you to know that this kid is going to get punished on our end.
That's right.
We understand that there'll be penalties to pay.
Community service, a fine of some kind, probation or What is it? What's wrong? I don't think you understand.
Ben died on the way to the hospital.
This is a murder case.
Oh,my God.
No,no,no xxx on the hyper-competitive culture which surronds youth sports, a 14-year-old Indianapolis boy was arrested today for killing another boy on the baseball field.
According to coaches of both boys, they've been playing since they were seven years old.
They're going to run this story right into the ground.
Can you blame them? We should get a statement ready.
I'll get into it.
and we are awaiting a press conference.
We'll bring that to you as soon as we can.
Hey,Maureen, can I talk to you? Yes,Ian.
I,uh,I just Your I don't know how to say this.
Try using words.
Your sister's been arrested.
Which sister? For what? I don't know.
Rob Burke just called from the precinct.
He said something about shoplifting.
Get someone to cover my arraignments this afternoon.
Danny, don't say anything to anybody.
About what? I'm so sorry about your son, Mrs.
Moran.
Have the boys been fighting,Sammy and Ben? No.
They were friends.
I mean,look at them together.
They're friends.
Our families are close.
I mean,that's what makes this so Witnesses say there was a lot of trash-talking during the game.
That's just what boys their age do.
They tease each other mercilessly, give each other a hard time.
That's how they communicate.
They do it at all the games.
I don't understand why it happened.
I am so sorry.
Sam's mother called me.
And she asked me if she could come to Ben's funeral.
I didn't know what to say.
I mean, what would you say? I never imagined my little boy's funeral.
I imagined his wedding day, his graduation day.
But not in his grave.
Not standing over his grave.
What has gotten into you? I was going to pay for everything,I swear to God.
Why didn't you stop when the sensor went off? Those things go off all the time.
Yes.
I tried to explain it at the store.
Please,I just want to go home.
We are way past this being a misunderstanding.
I accidentally walked out with a couple of things.
It's not a big deal.
A scarf,earrings, a silk blouse? It's a big deal to the store.
They're lucky I don't sue them.
That guard hurt my arm.
They have witnesses.
So,what,you don't believe me either? Great.
Whatever.
Can you just fix this? Talk to someone so I can leave,please? You can give me a lecture later.
No,I can't.
God,Maureen,you are like some big fancy prosecutor, and I am your sister.
Can't you do me one favor? Is that the only reason you called me 'cause you thought I could somehow get you out of this? The store is insisting on pressing charges.
Forget it.
How big of a fine will it be? Can I pay it today.
It may not just be a fine.
But,ultimately, it's up to the judge.
Can you at least handle everything? I don't want Roger to find out about this.
It's a matter of public record.
He's going to hear about it.
You're going to need an attorney.
There'll be an arraignment,a hearing.
Oh,God.
A trial? God! Am I going to jail? That isn't likely.
It's your first offense.
Everything's going to be okay.
I just need to know what's going on with you.
Why are you stealing things,Cassidy? I'm fine.
I just made a stupid mistake,that's all.
You can't help me with it.
Got it.
The victim's mother is grieving.
I don't think we can put her through a trial.
I'd like to try to plead this out.
The prosecutor in me says he'll get to the jury.
If you want to charge him as a juvenile,fine, but I want voluntary manslaughter,12 to 20 years.
Steve,the kid is not a monster.
I think we should go for assault with deadly weapon.
That's four years.
What if this were your child? What if this child only picked up a glove and played baseball? I raised two boys- both can play ball- and I got to tell you,if someone did that to one of my kids, four years in a juvenile detention facility wouldn't nearly be enough.
All right,you want 12, I want four.
Let's meet in the middle.
I can live with that.
Involuntary manslaughter? What does that mean? It means your son meant to hit Ben with the bat, but he didn't intend to kill him.
Look,we all agree he needs to be punished,but eight years With all due respect, we're not talking about a small child who picked up a gun and didn't know how it worked.
We're talking about a young man who picked up a baseball bat and killed someone with it.
Ms.
Chase, would you mind if we discussed this plea offer in private? You know what,Counselor, there's nothing to discuss, because we're going to pass on this offer.
You don't want to do that.
You really don't.
He's a kid.
And this was an accident- a horrible,tragic accident.
A boy is dead,Mr.
Beringer.
You think we don't know that? You think we won't live with this every day? Look,we'll pay restitution, we'll do what we can, but I will not let you lock him up and send him to prison.
- Dad,it's okay.
- No,it's not okay! If you reject this plea offer, you're going to force my office to try your son as an adult.
He made one mistake And a boy died because of it.
Ms.
Chase,look What could I do? We both gave them the facts.
It's their decision.
Here's a fact.
If your clients force me to try their son as an adult, I'll convict him of second degree murder, and he'll spend the next Maybe.
What do you mean maybe? I have a stadium full of witnesses.
Don't dismiss me, Annabeth.
I'm good at this.
And all I need is one juror to look past the facts and see a young boy that belongs in a classroom and not a five-by-nine cell.
xxx Judy I thought our plea bargain offer was fair, but they're willing to take their chances at trial.
This is outrageous.
What are his parents thinking? They're willing to drag my family through a long,drawn-out trial? I know how hard this must be.
I want to be forgiving I really do I pray for the strength to forgive.
What exactly is this kid's defense? Bottom line- we need to be ready for everything.
I'm sure they'll say he was provoked.
Maybe even swung in self-defense.
Nice.
Blame the victim.
What else are they going to do? What story are you going to tell the jury? There's only one story to tell.
An angry kid who lashed out and killed in front of dozens of witnesses.
By all accounts,Sammy swung the bat right at the victim's head.
Actually,there are a couple of conflicting statements about that.
Different people saw the same event differently.
They always do.
And a lot of the team parents like Sammy's mom, so they're not too keen on testifying against him.
There has to be umpteen parents videotaping that game.
We videotape every waking minute of my daughter's life.
Let's get all the team parents together at the baseball field.
Subpoena their camcorders and show the jury exactly what happened.
Talked to a friend of mine at the firm, and he thinks Cass just might get a warning if we can get this in front of the right judge.
It's what happened to his niece.
- Someone at the firm? - Yeah.
Does he have all the facts? Did you tell him it was your wife at a designer boutique, not a teenager on a dare at the mini-mart? Roger,I talked to the arresting officer and tried to get the charges reduced.
Cassandra had over $2,000 worth of merchandise, and it was not on impulse.
She moved from department to department.
It's all on video.
She has a problem.
You have no idea what your sister's problems are.
The last thing she needs right now is a criminal record.
I have seen this a thousand times.
And stealing is just a symptom of a much bigger problem.
And the problem is not just Cassie's.
You need to pay attention to her.
I can't believe you're turning this back on me.
I know my sister.
Really? Did you know that she lost a baby last month? Maureen? Did you know that she had a miscarriage? Did you even know she was pregnant in the first place? If you don't want to help out your own family,fine- that's your choice- but don't tell me to pay attention to my wife because I am the only one who pays attention.
I don't know if Cassie had a chance to tell you this before, how proud we both are about your new promotion.
I was packing up the batting helmets when I saw Sammy stomp by, holding a bat.
I told him I'd take it 'cause I was packing the stuff, but he just kept going.
And I could tell he was mad- real mad.
He walked right over to Ben and just hit him in the head.
I mean,just,boom,right there.
Didn't say a word.
I'll need your permission for Joshua to testify in court.
Of course.
We were so proud when Josh made this team.
Coach Whiting is a legend.
I mean,he's like a father to these kids.
And Sammy is one of his favorite ones.
I just never saw this coming.
Where were you during the attack? I was right here.
I was going over scheduling changes with my assistant coaches.
I was going to add a batting practice before the next playoff game.
Did you see Sammy hit Ben? Do you know why he went after Ben? No idea.
It was the playoffs.
It was a best of five series, and we just lost two games in a row.
One more and we were out.
Sammy hates losing.
I teach these boys to give everything they got to this game.
They play their hearts out.
It's tough not to win.
You tape these games,right? Yeah.
All coaches do.
It's a good learning tool.
I'd like to see tapes from both teams if I could.
Yeah,okay.
These are the tapes we received from the team parents.
Okay,the beating/killing is over at 2:58.
Now check this out.
This was recorded one minute earlier.
Just after Sammy struck out and his team lost the game.
Be patient.
The payoff's coming.
Okay,right there.
Coach tosses the murder weapon at the defendant at 2:57, the murder's over at 2:58.
What did he say? I mean,this is great, but I can't use it in court unless I know exactly what he says.
You don't need sound to know he's not saying,"Nice game,son.
" xx Yes.
a kid who took that bat and killed somebody Yes.
and now,instead of moving forward with the trial, you want to investigate his coach.
We're going to trial,Steve- this kid will be punished.
I'm just saying something or someone pushed him over the edge.
Yeah.
It's called competition.
It may look like a game to you, but it's not to them.
Look,I saw the tape.
That coach was right in Sammy's face.
It looks to me like he was incited.
- What were his exact words? I- I don't know.
We don't have audio yet.
I'm working on it.
He's a coach,Annabeth.
He gets in your face.
That's the job.
He demands more, and you rise to the challenge.
Sammy was pushed.
You don't think that matters? Sure.
And his mom didn't feed him right, and his dad didn't hug him enough.
That's the way it is today- there's no accountability, just blame somebody else.
You are a prosecutor, Annabeth.
It's not your job to defend this kid.
I'm not- but a great prosecutor once told me to have all the facts before I make a decision.
That'd be me.
But if he was incited to kill, why haven't we heard it from the defense attorney, at least as a mitigating factor? His attorney won't let him say anything.
- Why not? - His attorney's Cliff Reardon.
He's not interested in mitigation, he's interested in an acquittal.
Reardon- somebody ought to punch his bar ticket.
I'm still prosecuting this kid, but I need to find the truth here- if his coach put Sammy up to this, we can't just let it go.
Right now,dozens of parents are leaving their kids in his direct control.
What if he's unstable? What if he's pushing kids to be violent? Okay,fine, investigate the coach.
But I want more.
You need to fill in the holes in this videotape.
And yelling at one kid isn't gonna do it.
I need to see a pattern of abusive behavior, something that'll hold up in court.
Okay.
Have you got anything to corroborate your video between the coach and the kid? Nothing that'll stand up to an evidentiary challenge.
Audio tech can't pull anything useful to fill in the blanks in that section.
The camcorder was so far away, there's not enough audio to work with.
So now what? Now we have to get closer.
Who was on the field when the coach got to Sammy? It's hard to say- the ump,some kids.
Okay,see if you can find the ump; - I'll track down the kids.
- Okay.
What exactly did you see? I didn't really hear that much.
My brother left his mitt in the dugout, so I went to go get it for him after the game.
All I saw was the coach yelling at Sammy.
Well,he screams at the players all the time, so I didn't really pay attention that much.
Have you ever noticed anything off about Coach Whiting? Like I told the police, I like Coach Whiting.
Does he push the kids? Yeah.
But the truth is,most of these kids need to be pushed.
So,how long you been calling games? You sell insurance 9:00 to 5:00, you find ways to get out of the office.
You know, the truth is, I used to love it- the kids,the game.
It was important.
It was about families.
Now it's about money.
Kids,they see more than the game- they see scholarships,contracts.
Ben Moran's dead because the game isn't a game anymore.
Did you see what happened? I saw Whiting go to town on Sammy, screaming at him for losing the game.
You know what he said? He said he was ashamed to be his coach.
- Is that all you heard? - I didn't want to hear.
I just grabbed my gear and headed for the car.
Next thing I knew, Ben Moran was on the ground with his skull crushed in.
Okay.
Thanks for your help, Mr.
Martin.
Sure.
Hey You want to know about Whiting, you talk to Wynn Markel.
He took his kid off the team after game one of the series.
That-that's the city championship series.
He still pulled his kid.
Thank you.
Please state your full name for the record.
Christopher Markel.
Chris,do you understand what giving a sworn statement means? Yeah.
If I lie, you'll put me in jail.
Well,I wouldn't go that far.
But this does go on the record, so you'll need to be truthful,okay? How long did you play for Coach Whiting? Three years- since I was 11.
And what position do you play? Pitcher.
Well,I did, until I had to get off the team.
Can you tell me why you got off the team? We made it to the city championships, and Coach let me pitch game one.
I was doing okay- we were tied in the sixth.
Two outs,man on third.
Chris it's okay, you can tell us.
Ben was up, and he's their best player.
He almost always gets on base.
Coach told me to hit him.
He told you to hit Ben Moran with a pitch? Bean him- that's what he said.
Take him out so they wouldn't win.
And I said no,because I didn't want to get kicked out of the game.
Coach said to do it for the team.
So what did you do? I pitched anyway.
Ben hit a double to left and we lost.
Did you know about this? I should've come forward before.
Chris told me after the game.
I called Whiting, confronted him.
He denied ever saying it.
I told him Chris was off the team.
I don't want that guy anywhere near my son.
Coach Whiting told him to throw at Ben's head.
He wanted their star player hurt.
He couldn't Chris to do it so he used Sammy instead.
Okay,assuming that did happen, what are you proposing? We arrest the coach.
Charge him with inducing aggravated battery.
You don't have enough.
Maureen,he pushed those kids.
And he needs to go down,I agree, but we need more on this guy before we go to trial.
I wish you would have told me about the baby.
I called you three times.
You didn't call me back, Maureen.
I've just been busy.
I'm sorry.
I get home at 10:00 half the time, and I don't want to call too late.
- It's not an excuse - It's okay.
It wouldn't have made any difference.
Maybe it's a good thing how it turned out.
I mean,look at me.
I'm not ready to be a mommy.
- Cassie - Roger gives me everything.
Anything I want I have,and I'm still a mess.
The stealing is not about that.
You're going through a trauma, and you've been going through it by yourself.
I don't want you to feel like I'm your problem.
You are not a problem.
You are my sister.
And we haven't been spending enough time together.
Well,you're in luck.
I'm not going anywhere - you put me on probation.
no.
See,you did that to yourself, and you should be thankful that it's only probation and community service.
I don't mean to lecture you, I'm sorry.
I just want us to be okay.
We are okay.
We aren't seeing enough of each other.
But that's gonna change.
We can pick up trash together along the highway.
Not on your life.
Nice try,though.
Okay,bathroom.
- Be right back.
- 'Kay.
He tried to have the kid hit with a pitch? And that was game one.
Game two,he switched from a ball to a bat.
- How old are these kids? - 14.
Open up.
I'm sorry,you don't kill people at 14,you know? You read comics or stare at girls or try to take your own braces off.
You tried to take your own braces off? With pliers.
For real.
All I'm saying is, these kids, they're 14 going on 40.
Hello? Yeah,hang on.
Detective Williams.
Lily? Sorry about calling you at home.
I hope I'm not interrupting your family dinnertime.
What's up? You've been looking for a pattern of behavior.
Well,I think I found it.
I ran Coach Whiting's team roster for the past five years through our criminal database.
And? He's got two ex-players in juvie for violent crimes, and two more on probation.
None of these kids had records until after they played for Whiting.
I don't think he's just teaching these boys how to compete.
xxx xxx into that boy's hands,arrest him.
If we arrest him now, he lawyers up and I never get to question him.
What about the tape? You don't even know what he said to that kid.
So we play "hide the ball.
" Swear him in,put him on the stand in Sammy's trial, and get him to implicate himself.
Look,I really I want to stay neutral here,you know? I don't want to hurt this kid.
I'm not gonna ask you to do anything more than confirm the facts.
'Kay.
So just the facts.
Exactly.
So,at the end of the game, during the final handshakes, you were busy looking at the stat sheets.
Correct.
You didn't notice any exchange or hostility between the two boys at the time? 'Fraid not,no.
What was the score by the way? We lost by a run.
And what game was this of the series? Game two of five.
And you'd lost both games,so one more loss and the series would be over.
Well we'll never know.
Out-out of respect for the tragedy,the,uh, the league decided to forfeit the championship series.
Did you have a pitcher on your team named Christopher Markel? I did.
He wasn't with us for game two,though.
Why is that? He shook off one sign too many.
You can't play the game if you can't take orders.
He was an uncoachable kid.
Chrik Markel says he quit after game one because you came out to the mound and instructed him to bean Ben Moran; to throw the ball at his head.
Never happened.
So it's your sworn testimony that this player lied under oath in his deposition, that his father lied under oath in his deposition, and that none of your players in this team or any other teams you coached in the past will testify that you ordered them to commit similar acts against rival teams' players? I don't know what we're talking about here.
Your Honor,may we approach? Your Honor, the prosecution is confusing me.
Is there a reason you're shifting blame from the accused to the prosecution's own witness? Your Honor,it's certainly not my intent to absolve the defendant.
I'm just trying to illustrate the full context of his actions.
You sure you know where this is going? I do.
This has done nothing to alleviate my confusion.
So,Christoper Markel refused to obey your orders.
He said if he deliberately threw the ball at Ben's head, he'd get yanked out of the game.
And you told him,quote, "That's a trade I'd make any day of the week.
" I never said that.
He swears you did.
Then that boy is a liar.
You wanted to take Ben Moran out of the game, and you were willing to sacrifice one of your own players to get the job done.
I never said, "Throw at his head.
" I- I might have said,you know, "Brush him back.
Scare him.
" That's just baseball.
You know,that's how the game is played.
Is it fair to say your players look up to you? You have to ask them.
Is it fair to say you're used to your players obeying your instructions? Yes.
Yeah,that would be fair.
So,after game two,with the series on the line, when you got in Sam Behringer's face and told him to take a swing at Ben Moran, he knew you meant business.
I never said any such thing.
I never told him to hit anyone.
That's interesting, because I have videotape that shows you doing exactly that.
Your Honor,we haven't had access to this, and if this impugns my client in any way What are you talking about? We've turned over more than We've shared every tape, every interview, every deposition.
In all good conscience,I cannot charge my clients $300 an hour for viewing home videos of youth league games.
Well,don't blame me for not doing your homework.
I'm going to allow the prosecution to proceed.
Do you want me to keep playing this tape for the jury, or would you like to tell us what happens next? Look,I didn't tell him to hit anybody.
I knew he was friends with Ben.
I might have said,"Quit whining and complaining.
" I might have said that.
I was angry,all right! We lost.
And he cost us the game.
Thanks to him, we were losing the series and probably the season.
So,yeah,I might have waved the bat at him.
Yeah,I might have said, "Next time,try hitting something with it.
" I never thought he would swing it at Ben.
I never thought he'd kill anybody.
I mean,this was,this was a key game.
This was our shot.
You were up for a college coaching spot, so you had to win.
And if that meant sending out your players to injure and maim the other team, so be it.
This was never about the boys.
This was about you.
Look,that kid was a threat,and he was a dirty player himself.
If my boys were going to have any shot at winning we needed him off the field.
No further questions.
Oh,so I'm done? I'm done? You can't set me up like that then walk away.
No further questions, Your Honor.
Counsel? No questions, Your Honor.
The witness may step down.
So,what,you haul me up here to make me look like some kind, some kind of maniac? Is that what you want? No further questions.
Well,I've taken six teams to the finals.
Six teams! I've molded these boys.
I've turned losers into winners.
The witness will step down! I didn't do this,all right?! He did it! Son,you did this! I didn't do this! Officer of the Court! All right,fine.
I'm fine.
All right? Just don't.
Miss Chase,before anything gets said in here, I just want to thank you for what you just did.
Mr.
Whiting will be charged with inciting a minor to commit felony battery, contributing to the delinquency of a minor and whatever else we can charge him with to keep him from working with young people for the rest of his life.
But don't think you're off the hook.
I will tell the jury that your son still needs to be held responsible for his crime.
He could have said no.
Could have not swung that bat.
The best you can hope for is 12 to 20 years.
She's right.
I spoke to Ben's mom.
She agrees with this.
I'm not going to make this offer again, so let's put it to bed now.
Because of the mitigating circumstances, I'm willing to offer eight years in juvenile detention.
You will go to school, you'll get counseling, and you'll get out when you're 21.
I think that sounds fair.
We'll take it.
Good luck,Sam.
Heard you really snaked a guy today.
Is that the legal term? Good going.
Thanks.
Jack,honey? Coming to bed? What's all this? That is me.
Oh,my God,look at you.
Somebody get that kid a pair of pliers.
Is that yours? My dad bought me this.
I remember he put the ball in the pocket and he tied it up real tight and showed me how to oil down the leather so it stays soft.
Are you okay,honey? Yeah.
I just think about it,you know? Playing ball,hanging out with Dad.
It was fun.
Sometimes I wonder if I ever If you'll ever have that same kind of fun with your daughter? I will.
And it'll be great.
I don't know.
I just,sometimes, might be pretty great to have a son,too.
You think you could help me with that? Now? Now or later.
I do know I want to try again.
How many times? At least enough to cover the infield.