Conviction (2006) s01e11 Episode Script
Indiscretion
Wallace, is that yours? - Hayes, thanks for coming down.
- I was hoping for brunch, but an active crime scene is a close second.
Missed you this morning.
Believe me, I'd rather still be in bed with you.
- Remember the Black Orchid Killer? - Serial killer yeah.
It was national news.
Terrified the city.
It was like Summer of Sam all over again.
And for a damn good reason.
All three female victims brutally beaten to death in their homes.
Killer became known as B.
O.
K.
'cause he liked to smear lipstick on their faces afterwards, specifically Black Orchid #4.
Hayes Morrison, Detective Nick Cestero.
He worked the original case back in '06.
Helped put the guy away.
Clark Sims will be spending the rest of his days in Dannemora.
Or maybe not.
If D.
A.
Wallace asked me here, I'm guessing that you think that B.
O.
K.
is back at it.
Marla Higgins, 38, schoolteacher.
Died last night from apparent bludgeoning.
Dark hair, blue eyes just like all the other B.
O.
K.
victims, and wearing the distinctive shade of lipstick Not that we'll be sharing that detail with the media.
Whoever killed Marla Higgins, it wasn't Clark Sims.
Probably a copycat.
Or maybe you put the wrong guy away in the first place.
Look, you'll each get to work your own angle.
CIU will look at Clark Sims' conviction while the NYPD goes after whoever killed Marla Higgins, whether that's the original B.
O.
K - It's not.
- or a copycat.
- And play nicely.
- Don't I always? - Keep CIU in the loop.
- Mm-hmm.
Try not to step on NYPD's toes during an active investigation.
Because one way or another we've got a murderer on the loose.
Someone took a deep dive on the Black Orchid Killer.
How did you dig this up so fast? Some of it's from the files, some is my own personal research.
- Personal research? - I'm kind of into serial killers.
- Wow.
- I've read a lot about them.
Note to self do not stay late in the office with blondie.
I got interested after my aunt was murdered.
I wanted to understand how people could do such terrible things.
Anyway, I've always had my doubts about Clark Sims being the Black Orchid Killer.
- Based on what? - Among other things, he continues to insist he's innocent.
Serial killers generally want credit.
Beyond that, Sims fits the FBI profile to a "T".
His mother, who had a similar appearance to the victims, was an alcoholic.
His father abandoned the family when Clark was six.
At the risk of bringing up evidence instead of this profiling nonsense, Sims lived near victim number one, Hannah Lund, and went to the bank where victim number three, Caitlin O'Brien, was a teller.
How do you know all this? I was just made detective when B.
O.
K.
got started.
I must have run 1,000 leads on the tip line.
Sims also left a fingerprint on the inside of the bedroom window of victim three, Caitlin O'Brien.
Well, that's pretty damning.
His fingerprints were in the system because of a trespassing charge when he stalked his ex-girlfriend.
What about victim number two? May DeFranco.
She was savagely beaten but survived.
Clark Sims had no connection to her.
And besides the fingerprint, the case against Sims was circumstantial.
But people wanted the killer off the street, and, apparently, he's an odd guy.
Yeah, but his oddness doesn't explain why the killings stopped when Sims was locked up.
Could be a coincidence.
I'd like to talk to him.
Sure, and I'm not just saying that because I am now scared of you.
Sam, go with her.
Maxine, go get the files on the previous NYPD investigation.
Frankie, let's go and notify the surviving victim.
You're pretty.
Thank you.
I shouldn't have said that.
Did I make you uncomfortable? A little.
I'm sorry.
I have this habit of saying the first thing that pops into my head.
Why is the CIU taking my case? I didn't file an appeal.
The district attorney asked us to review your conviction.
I heard there was another killing.
Like the others? There were similarities.
I wonder where he's been all these years.
The Black Orchid Killer.
Well, right now, that's you.
But maybe you inspired a copycat.
I didn't inspire anything.
I didn't kill those women.
Why are you checking the clock? I don't want to miss lunch.
We have 37 minutes.
My cellblock gets to go first because we're the neatest.
Tell me about when you stalked your ex-girlfriend.
You were 25.
I wasn't stalking her.
She broke up with me.
But she had one of my John Grisham books.
I went to get it.
Clark, how were your fingerprints on the inside of Caitlin O'Brien's window if you had never met her? I don't know.
You're different than the cops and the FBI.
They asked a lot of questions about when I was a kid.
Weird.
They were evaluating you for the Macdonald Triad.
What's that? A fascination with fire, some form of animal torture, and chronic bed-wetting after the age of 12.
Most serial killers have at least two of the three.
And according to your file, you were suspended in high school for setting a fire.
And the bed-wetting.
So that's why people think I'm guilty.
I check all those boxes.
And I know I'm strange.
I wonder how many boxes the real killer will check if they catch him.
What's CIU doing here? This is an NYPD crime scene.
Well, I'm not here officially.
Just checking up on an old friend.
- How you been, Nick? - Good.
Still breathing, still single.
What about you? Ashton and Bobby doing okay? Ashton's great.
Bobby and I got divorced.
That's too bad.
I just wanted to make sure things weren't gonna be weird, given our history.
Not as long as you steer clear of my investigation.
I'll do my job, you do yours.
Thing is, your job is to make it look like I screwed up the first time around.
All I'm after is the truth.
If you didn't make a mistake, then there's nothing to worry about.
Who's there? Uh, Ms.
DeFranco, I'm Hayes Morrison.
This is Franklin Cruz from the CIU.
We would like to talk to you about Clark Sims.
I need to see your credentials.
Now his.
Please hurry.
Ms.
DeFranco, we're here to inform you that I called Cestero as soon as I saw the news.
That woman who was killed looks just like me.
There is a resemblance, yes, but we Cestero said not to worry, that Clark Sims is locked up tight.
That's true, but Mr.
Sims But there's a chance the B.
O.
K.
is still out there.
There's a chance.
I mean, if the CIU is looking into Clark Sims' case, he might not be guilty.
You know, why don't we have a seat so we can - Please.
- I'm sorry.
I have been doing so much better this past year.
Finally feeling less afraid, like I can take care of myself.
This news really threw me.
I can only imagine.
May, I know this is difficult for you, but can you tell us about the attack? Um I came home that night.
I was in school to be a physical therapist.
Exams were the next day.
I was home alone reading a textbook.
He came up behind me and grabbed me by the neck.
Police report said you didn't get a look at him.
I didn't.
All I remember before he hit me was the sleeve of his coveralls scratching my face.
I was in a coma for almost a year.
Couldn't even testify at the trial.
May said B.
O.
K.
was wearing coveralls when he attacked her.
Look at Clark's booking photo.
He's wearing coveralls.
Maybe May doesn't have anything to worry about after all.
It's interesting about the coveralls.
That wasn't in the court record, was it? May DeFranco never had a chance to testify.
She was in a coma during Clark Sims' trial.
Is there any update from Detective Cestero? No.
Want me to check in? Sure.
Actually, no.
This is our time.
We're gonna focus on something other than work.
Okay.
Like what? We're gonna have a conversation like people do in a relationship.
Okay.
- But work is off-limits? - Right.
There's always not talking.
No.
Okay.
I've taken up boxing.
Competitively? No, for exercise.
It's great cardio.
Interesting.
It's really reinvigorated my interest in the sport.
And I'm boring you.
No! You're not at all.
Yes, you are.
You are.
It's the office.
Yes.
Clark Sims is giving a phone interview on WABC.
Turn on WABC.
What's he saying? While convicted in 2006 of being the Black Orchid Killer, he has always maintained his innocence.
Mr.
Sims, you have an exclusive announcement for our audience? That's right.
I've decided it's time for me to come clean and finally admit the truth.
I am the Black Orchid Killer.
Why did you lie to that reporter? I didn't lie.
I'm a killer.
I deserve to be behind bars for the rest of my life.
Three hours and two minutes till lunchtime.
You like the food here? It's not bad.
You get to choose what you eat? No, but that's okay.
- How's your cellmate? - He's nice.
He lets me clean the cell.
What about the guards? They treat you all right? If you stay in line, they do.
- Do you stay in line? - Always have, always will.
And where does killing women fit into that? - Lunch is in three hours and - It's in three hours and one minute.
I want to tell you a story.
I was a witness to a murder, and my testimony put the wrong man in prison.
But you didn't mean to do the wrong thing.
No, I didn't.
And recently he forgave me.
That's nice.
It is.
He moved on with his life.
But I can't seem to.
I got comfortable feeling bad about what I did.
Comfortable constantly worrying about whether he was okay.
And those feelings defined me and everything I did.
And now it's like there's this hole where that used to be.
You're comfortable in here.
Aren't you, Clark? Lunch is in three hours.
It feels safe for you because of the routines.
I think you're innocent.
But you're afraid if we prove it and you get out, you won't know how to cope.
I'm not a normal person.
I've never really fit in.
I know the feeling.
If you get out, we'll get you into a program to help you adjust.
We'll find a new routine for you.
Okay? Please.
Tell me the truth.
I didn't kill anybody.
I visited Clark again this morning.
He isn't a killer.
You got to admit, he's a pretty odd guy.
He's got OCD and probably a touch of Asperger's.
And thanks to the past 10 years, he's gotten so used to being in prison, he can't imagine life any other way.
I used to know guys like that inside.
Clark is scared of getting out.
And you think that's why he confessed? You believe him? I really do.
Well, unfortunately, your faith in him doesn't equal actual innocence.
But lack of opportunity on Clark's part might.
Clark worked at Algron Supply Company on the Lower East Side.
On the day Caitlin O'Brien, the third victim, was murdered, he didn't clock out until 5:30.
But the coroner put her time of death at no later than 6:00.
Did he even have time to commit the murder? According to Cestero's case notes, yes.
He had the uniforms run the route from the warehouse.
Maybe someone else punched Clark out? Or the time clock was calibrated improperly.
No, if Clark didn't kill O'Brien, how did his fingerprint end up on her window? I can re-run the print.
See how many minutiae points match up.
Great.
Grab Maxine, go to the warehouse, find out if Cestero was using the correct timeline.
I'm the manager now, but I used to work the floor with Clark Sims.
He was a good man.
You must have been surprised when he was arrested.
Oh, more than surprised.
Now I'm not saying that Clark wasn't an odd duck, but he was funny and hardworking.
I liked doing deliveries with him.
Ah, time clock stubs are in the office.
Clark was a real stickler for time.
He never would have let anyone punch in and out for him.
And the clock's accurate? To the minute.
The boss is a real penny-pincher.
And you guys deliver to contractors all over the city? That's right.
Roofing, plumbing, electrical, pretty much everything.
Do you guys ever deliver windows? Of course.
Any chance you've got records of your deliveries from 10 years ago? Yeah.
We going to dinner? Yes, we are.
Where we will not talk about work.
Absolutely not.
So I will not tell you about the big break in the B.
O.
K.
case.
We're not at dinner yet.
Sam and Maxine uncovered that in '06, Clark Sims delivered double-pane windows to a contractor in Queens, who then installed them in 2236-01 East 61st Street, also known as Caitlin O'Brien's townhouse, five months before the murder.
Which would explain why Clark Sims' fingerprint was inside the crime scene even though he never was.
Clark Sims may not be the B.
O.
K.
And that is the end of shop talk.
Indeed.
Of course, this does mean that there's a serial killer on the loose.
Or maybe not.
Detective Cestero just picked up a suspect in the Marla Higgins murder.
You'll get Cestero to let us interview his suspect.
And I am talking about work.
Good morning.
Go ahead.
I know you want to.
We need to clear Sims of any involvement with the B.
O.
K.
murders.
Best way to do that Pin them on the guy Cestero's already got in custody.
That's fine.
Just let him take the lead on tying his suspect to the B.
O.
K.
Right.
It is his case.
Which he screwed up the first time around.
That hasn't been proven.
That's the only reason why Clark Sims isn't a free man yet.
Might as well have your team at CIU make sure that the NYPD, this time, get it right.
That's a little rough.
Not compared to me making an application to get Clark Sims released based on the new evidence we found.
The application goes public, and the citizens of this great city are in panic because a self-professed serial killer is on the streets.
You wouldn't do that.
I'll get you access to the suspect.
It's Tess again.
The sun is barely up.
It's 9:00 a.
m.
What's going on? I spent the night doing my own profile of the B.
O.
K.
with no reference to Clark Sims.
You know, totally objective Uh, okay, great.
When I get - to the office, we'll - The B.
O.
K.
is what the FBI refers to as "an organized killer.
" He plans every detail of his attacks.
He's intelligent, patient, takes pride in his work, enjoys stumping law enforcement.
Clark has OCD, but he's shy.
He's not an alpha.
Well, I've arranged I need to meet with this new suspect, talk with him.
- Tess - Please.
This is important.
Get me in with him.
I can help.
Be quiet.
Take yes for an answer.
Call Maxine, get down to the 4th.
Oh.
Great.
Thanks.
I mean, how many times I got to say this? I had lunch in my truck.
I went back to work reading meters.
Then I saw that poor lady through the window.
There was blood everywhere.
So you broke in? I wanted to help her.
But she was already dead, so I figured I would You're such a Good Samaritan, Joe.
Why'd you do all that and you take off? You call 911 anonymously.
I got a bunch of unpaid parking tickets.
I was worried if I got involved, it may be some Involved? Or caught, Joe? Guys like him it's why I didn't stick around.
Detective Cestero is just doing his job.
By railroading innocent people? Sure.
Why not? Just a couple more questions.
Were you living in the city in 2006? I was born and bred in Queens, been working for the utility company since 2005.
Do you remember where you were August 24th and September 3rd of '06? Probably on my yacht in South Hampton.
You'd have to ask my butler to know for sure.
Maybe you kept a calendar.
Best I can do is have you check with dispatch.
Did you ever hear about the Black Orchid Killer, Joe? Detective Cestero.
What? No way.
I'm not him.
I didn't kill anyone now or then.
Three witnesses saw you running from the crime scene.
They saw wrong.
You were covered in blood.
Best thing you can do is come clean.
Ask me any question you want, take my DNA, whatever.
I didn't do anything.
Sorry.
So sorry.
Stop talking.
Ask for a lawyer now.
I'm done talking.
I want a lawyer.
I let you speak to my suspect and you push him to lawyer up? She did you a favor.
You should have read him his rights before you started accusing him.
Everything he said would have been inadmissible.
It's a close call on that.
- Yeah, well, you made the wrong one.
- It doesn't matter.
Joe Kaplan isn't the Black Orchid Killer.
And you know this how? I've studied serial killers.
You read a couple of books.
More than a couple.
Kaplan's comments about having a butler and a yacht those were self-deprecating jokes.
A real serial killer would have too grandiose a self-image to make those kinds of comments.
You think I'm wrong, go speak to the three witnesses that saw him.
And then you'll see.
You did good.
Yeah, this is the guy I saw.
Near the victim's apartment? Uh-huh.
He was covered in blood.
All over his hands.
The blood soaked through his uniform.
What kind of uniform? Some kind of coverall.
What were you doing in that neighborhood? Picking up my favorite cheese Danish at Du Bois.
I had a clear view from my apartment.
I live across the street.
I was walking my dog.
I saw him sitting there in his truck, all alone.
How long did you see him sitting there? He was parked when I stopped for coffee, so It's hard to say.
45 minutes, an hour maybe? I passed his truck when I got home, and he was just staring at me.
Kind of creeped me out.
Something felt weird about him, you know? I would have called the cops, but my phone died.
And then he got out of his truck.
He got out of his truck, headed straight for her building.
I could see him looking.
I could see him looking in her window.
She was in a ground-floor apartment.
I almost confronted him.
Told him to get away from the window, but I decided better mind my own business.
Didn't want to start a fight.
And you're certain that this is the man you saw? Yes.
Definitely.
No doubt about it.
It was him.
I'd bet my life on it.
Like Joe said, he's been working with the utility company since 2005, and, according to dispatch logs, he was working in Manhattan on the days of the B.
O.
K.
killings.
That sounds promising.
Except there's no record of exactly where he was in the city.
Did they have GPS tracking on trucks back then? No, didn't start that until 2011.
That doesn't alibi him out, either.
Sometimes textbook theories don't pan out, Tess.
I know, but Joe he just doesn't fit the profile.
He's not B.
O.
K.
What? Just got an e-mail Joe's sealed juvenile records.
How'd you get it? When you're on the hunt for a serial killer, sometimes seals loosen up.
We couldn't use this in court.
But She looks like the other victims.
- Who is she? - She's Joe's sister.
He was accused of molesting her when they were kids.
As you both know, a sealed juvenile record is inadmissible in court.
We won't need it with multiple murder charges against your client.
I was only 12 years old when all this went down.
Joe.
And I didn't molest my sister.
It was all a big mix-up.
Joe, let me handle this.
Those women you killed, they didn't matter to you.
- They just looked like your sister.
- No.
Yeah, those women look like Sonya, but I didn't hurt What my client is trying to say is that this matter was adjudicated years ago and has no bearing on this witch hunt you're engaged in.
I didn't hurt those women, and I didn't hurt Sonya.
You don't You don't even know what sex is at that age.
Our stepdad just saw what he wanted to see.
What about your sister? What's she gonna say about all this? My brother's not a murderer.
How can you be so sure? Joe and I used to be close.
We grew up in the same house for 18 years.
You get to know a person.
It's been a long time since you guys were kids.
When was the last time you spoke? It's been a few years.
Is that because he molested you as a child? No, that was nothing.
A stupid game.
We were playing doctor, and our stepdad just snapped.
He grabbed Joe so hard, he nearly tore his arm out of its socket.
Gave him permanent nerve damage.
I know he's your brother, but you shouldn't cover for him.
Nobody wants to believe that their loved ones are capable of terrible things.
I don't believe it because Joe wouldn't do that.
Then why the estrangement if you two are so close? My husband doesn't get along with Joe.
Joe's a drinker.
My husband's in recovery.
And I made a choice for my family.
But Joe never hurt me.
And he didn't hurt those other women.
Detective Cestero, thanks for coming by.
I was surprised to hear from you after yesterday.
We may not agree about Joe Kaplan, but I figure we're both after the same thing.
The truth, yes.
No matter who it points to.
So what's all this? Hey.
What's up, man? Frankie.
Cestero.
So these test dummies are fitted with sensors that measure velocity and force of impact.
We're gonna see if Joe could have killed any of these women.
Of course he could have.
His sister said Joe suffered a serious shoulder injury when he was a child.
We need to compare the amount of force B.
O.
K.
used to kill his victims to the amount of force Joe was actually capable of exerting.
The latest victim was Marla Higgins.
Autopsy shows she was hit multiple times.
But the first blow delivered enough force to kill her.
73 Newtons is what's required to fracture the human skull.
I just swung 78.
See, bone is stronger than concrete and steel.
So the kind of damage found in B.
O.
K.
's victims would have been 80 to 100 Newtons.
Medical records show Joe's childhood injury left him unable to raise his right dominant hand above his head.
Looks like the lower angle only generates 50 Newtons.
That's not enough.
Whoever murdered these women hit with more force than Joe was capable of.
So he couldn't have killed Marla.
Or any of the other women.
And there's real doubts about Clark's guilt in the original killings.
The Black Orchid Killer is still out there.
Joe Kaplan should not be in police custody.
He should be released immediately.
We can't do that.
Frankie proved that Joe was physically incapable of bludgeoning those women.
- He's not B.
O.
K.
- Your team's experiments are not incontrovertible proof.
Please, you don't want to let Kaplan go.
He's still a suspect.
Detective Cestero doesn't think so.
The public needs reassurance.
Not at the expense of an innocent man's freedom.
My job is to keep the city safe.
If a couple of guys have to spend an extra night or two as guests of the state so the public stays calm while the NYPD continues to investigate these horrible crimes, it's a sacrifice I'm willing to make.
That's not the only sacrifice you'll be making.
Oh, come on.
Don't do this.
Have fun tonight, alone.
I've got two innocent men to exonerate.
Since there are significant doubts that either Clark Sims or Joe Kaplan are actually the B.
O.
K.
, you two are gonna work together.
- I don't need her.
- My team's got this.
Shut up, both of you.
Hayes and her team are well-versed in the B.
O.
K.
murders.
That should be useful, considering you're trying to catch him.
And catching the actual B.
O.
K.
means that Clark Sims gets out of prison and Joe Kaplan gets released.
It's a win-win.
Way to get on board.
We've been over both the files from the previous B.
O.
K.
attacks and the new case dead end.
Then we get inside the psycho's head, try and see it from his perspective.
You do crazies what's our next step? I think we should look at the 10-year hiatus between Marla Higgins and Caitlin O'Brien.
Why did he stop killing? Some serial killers stop because they get married or divorced, relocate for a new job.
So we track every lonely man in the tri-state area? Or maybe he was sick or moved away and just came back to New York.
What if he didn't get sick? Or maybe he was incarcerated? Score one for the ex-con.
Get the names of everyone who went to prison in New York shortly after Caitlin O'Brien was killed and released just prior to Marla's death.
That could be hundreds of people.
Try thousands.
Better get started.
Department of Corrections gave us access to their online files, but, uh this hasn't been scanned through the system yet.
We're looking for a needle in a haystack.
Based on what May DeFranco said and a profile of the killer I've mocked up, I think we're looking for a white male between 5'5" and 6' with a violent criminal history.
Oh, so a needle in a huge haystack.
Divide and conquer? - I need a break.
- Me too.
I'm gonna make an executive decision we take 20.
Good by me.
Calm down.
Donald Cutler was one of the witnesses who saw Joe outside of Marla Higgins' apartment, right? Yeah, I interviewed him.
Yeah, he was one of the guys who called the tip line.
Why? He was arrested for beating up his girlfriend three weeks after Caitlin O'Brien was killed.
15-year sentence, got out in 10 for good behavior, was released two months ago.
And, get this, he was abused as a child by his foster mom.
This woman.
Oh, she's a ringer for the other victims, right down to the color of her lipstick.
- Did he kill her, too? - Didn't get the chance.
- She died of natural causes in her sleep.
- When? Three weeks before the first B.
O.
K.
killing.
He must have been so frustrated he couldn't punish her in the way that he thought that she deserved.
So he exorcised his demons on all those women instead.
I'll get a location on Don.
Get us the address.
We'll get eyes on it.
Yeah, I'll arrange for warrants.
There's nothing hinky over here.
He's got a lock-picking gun.
Look at this.
It's the layout for an apartment, but not this one.
Whose address is that? May DeFranco.
Looks like Don's planning to finish what he started.
They must be inside.
He was like that when we got here.
Seems he got in through the back door.
She shot him.
It's okay, May.
He's dead.
You sure? He will never hurt you again.
May DeFranco killed Don Cutler.
Good for her.
Why didn't Don go after May the first time he was released from prison? Maybe Marla Higgins was a test run? Don was out of practice, he wanted to get the kinks out before he went back to finish what he started.
You are into some dark stuff, Tess.
Could be useful around here.
Felt good.
Yeah, I bet.
Hey, you forget something? Uh, no.
I just wanted to say I did make a mistake on Clark Sims.
Thanks for helping me fix it.
Just doing my job.
Don't forget about Joe Kaplan.
Kind of screwed up there, too.
Still the same ball buster, huh? You know it.
- Hey.
- Hey.
So are we over it? - Our fight? - Yeah.
I think so.
Good.
Did you know they found Amelia Earhart's skeleton? Yeah, on some island.
Nikumaroro, Kiribati.
They think she was a castaway, didn't die in the crash.
Interesting.
Did they find the plane? This is stupid.
She was the first woman to fly solo around the world.
We should just talk about work.
I thought this was our time.
It is, but let's face it - Our jobs are a big deal for both of us.
- You're welcome.
Of course we're gonna talk about it.
Couple knuckleheads like us? We talk about it, we're gonna fight about it, too.
I wouldn't have it any other way.
- I was hoping for brunch, but an active crime scene is a close second.
Missed you this morning.
Believe me, I'd rather still be in bed with you.
- Remember the Black Orchid Killer? - Serial killer yeah.
It was national news.
Terrified the city.
It was like Summer of Sam all over again.
And for a damn good reason.
All three female victims brutally beaten to death in their homes.
Killer became known as B.
O.
K.
'cause he liked to smear lipstick on their faces afterwards, specifically Black Orchid #4.
Hayes Morrison, Detective Nick Cestero.
He worked the original case back in '06.
Helped put the guy away.
Clark Sims will be spending the rest of his days in Dannemora.
Or maybe not.
If D.
A.
Wallace asked me here, I'm guessing that you think that B.
O.
K.
is back at it.
Marla Higgins, 38, schoolteacher.
Died last night from apparent bludgeoning.
Dark hair, blue eyes just like all the other B.
O.
K.
victims, and wearing the distinctive shade of lipstick Not that we'll be sharing that detail with the media.
Whoever killed Marla Higgins, it wasn't Clark Sims.
Probably a copycat.
Or maybe you put the wrong guy away in the first place.
Look, you'll each get to work your own angle.
CIU will look at Clark Sims' conviction while the NYPD goes after whoever killed Marla Higgins, whether that's the original B.
O.
K - It's not.
- or a copycat.
- And play nicely.
- Don't I always? - Keep CIU in the loop.
- Mm-hmm.
Try not to step on NYPD's toes during an active investigation.
Because one way or another we've got a murderer on the loose.
Someone took a deep dive on the Black Orchid Killer.
How did you dig this up so fast? Some of it's from the files, some is my own personal research.
- Personal research? - I'm kind of into serial killers.
- Wow.
- I've read a lot about them.
Note to self do not stay late in the office with blondie.
I got interested after my aunt was murdered.
I wanted to understand how people could do such terrible things.
Anyway, I've always had my doubts about Clark Sims being the Black Orchid Killer.
- Based on what? - Among other things, he continues to insist he's innocent.
Serial killers generally want credit.
Beyond that, Sims fits the FBI profile to a "T".
His mother, who had a similar appearance to the victims, was an alcoholic.
His father abandoned the family when Clark was six.
At the risk of bringing up evidence instead of this profiling nonsense, Sims lived near victim number one, Hannah Lund, and went to the bank where victim number three, Caitlin O'Brien, was a teller.
How do you know all this? I was just made detective when B.
O.
K.
got started.
I must have run 1,000 leads on the tip line.
Sims also left a fingerprint on the inside of the bedroom window of victim three, Caitlin O'Brien.
Well, that's pretty damning.
His fingerprints were in the system because of a trespassing charge when he stalked his ex-girlfriend.
What about victim number two? May DeFranco.
She was savagely beaten but survived.
Clark Sims had no connection to her.
And besides the fingerprint, the case against Sims was circumstantial.
But people wanted the killer off the street, and, apparently, he's an odd guy.
Yeah, but his oddness doesn't explain why the killings stopped when Sims was locked up.
Could be a coincidence.
I'd like to talk to him.
Sure, and I'm not just saying that because I am now scared of you.
Sam, go with her.
Maxine, go get the files on the previous NYPD investigation.
Frankie, let's go and notify the surviving victim.
You're pretty.
Thank you.
I shouldn't have said that.
Did I make you uncomfortable? A little.
I'm sorry.
I have this habit of saying the first thing that pops into my head.
Why is the CIU taking my case? I didn't file an appeal.
The district attorney asked us to review your conviction.
I heard there was another killing.
Like the others? There were similarities.
I wonder where he's been all these years.
The Black Orchid Killer.
Well, right now, that's you.
But maybe you inspired a copycat.
I didn't inspire anything.
I didn't kill those women.
Why are you checking the clock? I don't want to miss lunch.
We have 37 minutes.
My cellblock gets to go first because we're the neatest.
Tell me about when you stalked your ex-girlfriend.
You were 25.
I wasn't stalking her.
She broke up with me.
But she had one of my John Grisham books.
I went to get it.
Clark, how were your fingerprints on the inside of Caitlin O'Brien's window if you had never met her? I don't know.
You're different than the cops and the FBI.
They asked a lot of questions about when I was a kid.
Weird.
They were evaluating you for the Macdonald Triad.
What's that? A fascination with fire, some form of animal torture, and chronic bed-wetting after the age of 12.
Most serial killers have at least two of the three.
And according to your file, you were suspended in high school for setting a fire.
And the bed-wetting.
So that's why people think I'm guilty.
I check all those boxes.
And I know I'm strange.
I wonder how many boxes the real killer will check if they catch him.
What's CIU doing here? This is an NYPD crime scene.
Well, I'm not here officially.
Just checking up on an old friend.
- How you been, Nick? - Good.
Still breathing, still single.
What about you? Ashton and Bobby doing okay? Ashton's great.
Bobby and I got divorced.
That's too bad.
I just wanted to make sure things weren't gonna be weird, given our history.
Not as long as you steer clear of my investigation.
I'll do my job, you do yours.
Thing is, your job is to make it look like I screwed up the first time around.
All I'm after is the truth.
If you didn't make a mistake, then there's nothing to worry about.
Who's there? Uh, Ms.
DeFranco, I'm Hayes Morrison.
This is Franklin Cruz from the CIU.
We would like to talk to you about Clark Sims.
I need to see your credentials.
Now his.
Please hurry.
Ms.
DeFranco, we're here to inform you that I called Cestero as soon as I saw the news.
That woman who was killed looks just like me.
There is a resemblance, yes, but we Cestero said not to worry, that Clark Sims is locked up tight.
That's true, but Mr.
Sims But there's a chance the B.
O.
K.
is still out there.
There's a chance.
I mean, if the CIU is looking into Clark Sims' case, he might not be guilty.
You know, why don't we have a seat so we can - Please.
- I'm sorry.
I have been doing so much better this past year.
Finally feeling less afraid, like I can take care of myself.
This news really threw me.
I can only imagine.
May, I know this is difficult for you, but can you tell us about the attack? Um I came home that night.
I was in school to be a physical therapist.
Exams were the next day.
I was home alone reading a textbook.
He came up behind me and grabbed me by the neck.
Police report said you didn't get a look at him.
I didn't.
All I remember before he hit me was the sleeve of his coveralls scratching my face.
I was in a coma for almost a year.
Couldn't even testify at the trial.
May said B.
O.
K.
was wearing coveralls when he attacked her.
Look at Clark's booking photo.
He's wearing coveralls.
Maybe May doesn't have anything to worry about after all.
It's interesting about the coveralls.
That wasn't in the court record, was it? May DeFranco never had a chance to testify.
She was in a coma during Clark Sims' trial.
Is there any update from Detective Cestero? No.
Want me to check in? Sure.
Actually, no.
This is our time.
We're gonna focus on something other than work.
Okay.
Like what? We're gonna have a conversation like people do in a relationship.
Okay.
- But work is off-limits? - Right.
There's always not talking.
No.
Okay.
I've taken up boxing.
Competitively? No, for exercise.
It's great cardio.
Interesting.
It's really reinvigorated my interest in the sport.
And I'm boring you.
No! You're not at all.
Yes, you are.
You are.
It's the office.
Yes.
Clark Sims is giving a phone interview on WABC.
Turn on WABC.
What's he saying? While convicted in 2006 of being the Black Orchid Killer, he has always maintained his innocence.
Mr.
Sims, you have an exclusive announcement for our audience? That's right.
I've decided it's time for me to come clean and finally admit the truth.
I am the Black Orchid Killer.
Why did you lie to that reporter? I didn't lie.
I'm a killer.
I deserve to be behind bars for the rest of my life.
Three hours and two minutes till lunchtime.
You like the food here? It's not bad.
You get to choose what you eat? No, but that's okay.
- How's your cellmate? - He's nice.
He lets me clean the cell.
What about the guards? They treat you all right? If you stay in line, they do.
- Do you stay in line? - Always have, always will.
And where does killing women fit into that? - Lunch is in three hours and - It's in three hours and one minute.
I want to tell you a story.
I was a witness to a murder, and my testimony put the wrong man in prison.
But you didn't mean to do the wrong thing.
No, I didn't.
And recently he forgave me.
That's nice.
It is.
He moved on with his life.
But I can't seem to.
I got comfortable feeling bad about what I did.
Comfortable constantly worrying about whether he was okay.
And those feelings defined me and everything I did.
And now it's like there's this hole where that used to be.
You're comfortable in here.
Aren't you, Clark? Lunch is in three hours.
It feels safe for you because of the routines.
I think you're innocent.
But you're afraid if we prove it and you get out, you won't know how to cope.
I'm not a normal person.
I've never really fit in.
I know the feeling.
If you get out, we'll get you into a program to help you adjust.
We'll find a new routine for you.
Okay? Please.
Tell me the truth.
I didn't kill anybody.
I visited Clark again this morning.
He isn't a killer.
You got to admit, he's a pretty odd guy.
He's got OCD and probably a touch of Asperger's.
And thanks to the past 10 years, he's gotten so used to being in prison, he can't imagine life any other way.
I used to know guys like that inside.
Clark is scared of getting out.
And you think that's why he confessed? You believe him? I really do.
Well, unfortunately, your faith in him doesn't equal actual innocence.
But lack of opportunity on Clark's part might.
Clark worked at Algron Supply Company on the Lower East Side.
On the day Caitlin O'Brien, the third victim, was murdered, he didn't clock out until 5:30.
But the coroner put her time of death at no later than 6:00.
Did he even have time to commit the murder? According to Cestero's case notes, yes.
He had the uniforms run the route from the warehouse.
Maybe someone else punched Clark out? Or the time clock was calibrated improperly.
No, if Clark didn't kill O'Brien, how did his fingerprint end up on her window? I can re-run the print.
See how many minutiae points match up.
Great.
Grab Maxine, go to the warehouse, find out if Cestero was using the correct timeline.
I'm the manager now, but I used to work the floor with Clark Sims.
He was a good man.
You must have been surprised when he was arrested.
Oh, more than surprised.
Now I'm not saying that Clark wasn't an odd duck, but he was funny and hardworking.
I liked doing deliveries with him.
Ah, time clock stubs are in the office.
Clark was a real stickler for time.
He never would have let anyone punch in and out for him.
And the clock's accurate? To the minute.
The boss is a real penny-pincher.
And you guys deliver to contractors all over the city? That's right.
Roofing, plumbing, electrical, pretty much everything.
Do you guys ever deliver windows? Of course.
Any chance you've got records of your deliveries from 10 years ago? Yeah.
We going to dinner? Yes, we are.
Where we will not talk about work.
Absolutely not.
So I will not tell you about the big break in the B.
O.
K.
case.
We're not at dinner yet.
Sam and Maxine uncovered that in '06, Clark Sims delivered double-pane windows to a contractor in Queens, who then installed them in 2236-01 East 61st Street, also known as Caitlin O'Brien's townhouse, five months before the murder.
Which would explain why Clark Sims' fingerprint was inside the crime scene even though he never was.
Clark Sims may not be the B.
O.
K.
And that is the end of shop talk.
Indeed.
Of course, this does mean that there's a serial killer on the loose.
Or maybe not.
Detective Cestero just picked up a suspect in the Marla Higgins murder.
You'll get Cestero to let us interview his suspect.
And I am talking about work.
Good morning.
Go ahead.
I know you want to.
We need to clear Sims of any involvement with the B.
O.
K.
murders.
Best way to do that Pin them on the guy Cestero's already got in custody.
That's fine.
Just let him take the lead on tying his suspect to the B.
O.
K.
Right.
It is his case.
Which he screwed up the first time around.
That hasn't been proven.
That's the only reason why Clark Sims isn't a free man yet.
Might as well have your team at CIU make sure that the NYPD, this time, get it right.
That's a little rough.
Not compared to me making an application to get Clark Sims released based on the new evidence we found.
The application goes public, and the citizens of this great city are in panic because a self-professed serial killer is on the streets.
You wouldn't do that.
I'll get you access to the suspect.
It's Tess again.
The sun is barely up.
It's 9:00 a.
m.
What's going on? I spent the night doing my own profile of the B.
O.
K.
with no reference to Clark Sims.
You know, totally objective Uh, okay, great.
When I get - to the office, we'll - The B.
O.
K.
is what the FBI refers to as "an organized killer.
" He plans every detail of his attacks.
He's intelligent, patient, takes pride in his work, enjoys stumping law enforcement.
Clark has OCD, but he's shy.
He's not an alpha.
Well, I've arranged I need to meet with this new suspect, talk with him.
- Tess - Please.
This is important.
Get me in with him.
I can help.
Be quiet.
Take yes for an answer.
Call Maxine, get down to the 4th.
Oh.
Great.
Thanks.
I mean, how many times I got to say this? I had lunch in my truck.
I went back to work reading meters.
Then I saw that poor lady through the window.
There was blood everywhere.
So you broke in? I wanted to help her.
But she was already dead, so I figured I would You're such a Good Samaritan, Joe.
Why'd you do all that and you take off? You call 911 anonymously.
I got a bunch of unpaid parking tickets.
I was worried if I got involved, it may be some Involved? Or caught, Joe? Guys like him it's why I didn't stick around.
Detective Cestero is just doing his job.
By railroading innocent people? Sure.
Why not? Just a couple more questions.
Were you living in the city in 2006? I was born and bred in Queens, been working for the utility company since 2005.
Do you remember where you were August 24th and September 3rd of '06? Probably on my yacht in South Hampton.
You'd have to ask my butler to know for sure.
Maybe you kept a calendar.
Best I can do is have you check with dispatch.
Did you ever hear about the Black Orchid Killer, Joe? Detective Cestero.
What? No way.
I'm not him.
I didn't kill anyone now or then.
Three witnesses saw you running from the crime scene.
They saw wrong.
You were covered in blood.
Best thing you can do is come clean.
Ask me any question you want, take my DNA, whatever.
I didn't do anything.
Sorry.
So sorry.
Stop talking.
Ask for a lawyer now.
I'm done talking.
I want a lawyer.
I let you speak to my suspect and you push him to lawyer up? She did you a favor.
You should have read him his rights before you started accusing him.
Everything he said would have been inadmissible.
It's a close call on that.
- Yeah, well, you made the wrong one.
- It doesn't matter.
Joe Kaplan isn't the Black Orchid Killer.
And you know this how? I've studied serial killers.
You read a couple of books.
More than a couple.
Kaplan's comments about having a butler and a yacht those were self-deprecating jokes.
A real serial killer would have too grandiose a self-image to make those kinds of comments.
You think I'm wrong, go speak to the three witnesses that saw him.
And then you'll see.
You did good.
Yeah, this is the guy I saw.
Near the victim's apartment? Uh-huh.
He was covered in blood.
All over his hands.
The blood soaked through his uniform.
What kind of uniform? Some kind of coverall.
What were you doing in that neighborhood? Picking up my favorite cheese Danish at Du Bois.
I had a clear view from my apartment.
I live across the street.
I was walking my dog.
I saw him sitting there in his truck, all alone.
How long did you see him sitting there? He was parked when I stopped for coffee, so It's hard to say.
45 minutes, an hour maybe? I passed his truck when I got home, and he was just staring at me.
Kind of creeped me out.
Something felt weird about him, you know? I would have called the cops, but my phone died.
And then he got out of his truck.
He got out of his truck, headed straight for her building.
I could see him looking.
I could see him looking in her window.
She was in a ground-floor apartment.
I almost confronted him.
Told him to get away from the window, but I decided better mind my own business.
Didn't want to start a fight.
And you're certain that this is the man you saw? Yes.
Definitely.
No doubt about it.
It was him.
I'd bet my life on it.
Like Joe said, he's been working with the utility company since 2005, and, according to dispatch logs, he was working in Manhattan on the days of the B.
O.
K.
killings.
That sounds promising.
Except there's no record of exactly where he was in the city.
Did they have GPS tracking on trucks back then? No, didn't start that until 2011.
That doesn't alibi him out, either.
Sometimes textbook theories don't pan out, Tess.
I know, but Joe he just doesn't fit the profile.
He's not B.
O.
K.
What? Just got an e-mail Joe's sealed juvenile records.
How'd you get it? When you're on the hunt for a serial killer, sometimes seals loosen up.
We couldn't use this in court.
But She looks like the other victims.
- Who is she? - She's Joe's sister.
He was accused of molesting her when they were kids.
As you both know, a sealed juvenile record is inadmissible in court.
We won't need it with multiple murder charges against your client.
I was only 12 years old when all this went down.
Joe.
And I didn't molest my sister.
It was all a big mix-up.
Joe, let me handle this.
Those women you killed, they didn't matter to you.
- They just looked like your sister.
- No.
Yeah, those women look like Sonya, but I didn't hurt What my client is trying to say is that this matter was adjudicated years ago and has no bearing on this witch hunt you're engaged in.
I didn't hurt those women, and I didn't hurt Sonya.
You don't You don't even know what sex is at that age.
Our stepdad just saw what he wanted to see.
What about your sister? What's she gonna say about all this? My brother's not a murderer.
How can you be so sure? Joe and I used to be close.
We grew up in the same house for 18 years.
You get to know a person.
It's been a long time since you guys were kids.
When was the last time you spoke? It's been a few years.
Is that because he molested you as a child? No, that was nothing.
A stupid game.
We were playing doctor, and our stepdad just snapped.
He grabbed Joe so hard, he nearly tore his arm out of its socket.
Gave him permanent nerve damage.
I know he's your brother, but you shouldn't cover for him.
Nobody wants to believe that their loved ones are capable of terrible things.
I don't believe it because Joe wouldn't do that.
Then why the estrangement if you two are so close? My husband doesn't get along with Joe.
Joe's a drinker.
My husband's in recovery.
And I made a choice for my family.
But Joe never hurt me.
And he didn't hurt those other women.
Detective Cestero, thanks for coming by.
I was surprised to hear from you after yesterday.
We may not agree about Joe Kaplan, but I figure we're both after the same thing.
The truth, yes.
No matter who it points to.
So what's all this? Hey.
What's up, man? Frankie.
Cestero.
So these test dummies are fitted with sensors that measure velocity and force of impact.
We're gonna see if Joe could have killed any of these women.
Of course he could have.
His sister said Joe suffered a serious shoulder injury when he was a child.
We need to compare the amount of force B.
O.
K.
used to kill his victims to the amount of force Joe was actually capable of exerting.
The latest victim was Marla Higgins.
Autopsy shows she was hit multiple times.
But the first blow delivered enough force to kill her.
73 Newtons is what's required to fracture the human skull.
I just swung 78.
See, bone is stronger than concrete and steel.
So the kind of damage found in B.
O.
K.
's victims would have been 80 to 100 Newtons.
Medical records show Joe's childhood injury left him unable to raise his right dominant hand above his head.
Looks like the lower angle only generates 50 Newtons.
That's not enough.
Whoever murdered these women hit with more force than Joe was capable of.
So he couldn't have killed Marla.
Or any of the other women.
And there's real doubts about Clark's guilt in the original killings.
The Black Orchid Killer is still out there.
Joe Kaplan should not be in police custody.
He should be released immediately.
We can't do that.
Frankie proved that Joe was physically incapable of bludgeoning those women.
- He's not B.
O.
K.
- Your team's experiments are not incontrovertible proof.
Please, you don't want to let Kaplan go.
He's still a suspect.
Detective Cestero doesn't think so.
The public needs reassurance.
Not at the expense of an innocent man's freedom.
My job is to keep the city safe.
If a couple of guys have to spend an extra night or two as guests of the state so the public stays calm while the NYPD continues to investigate these horrible crimes, it's a sacrifice I'm willing to make.
That's not the only sacrifice you'll be making.
Oh, come on.
Don't do this.
Have fun tonight, alone.
I've got two innocent men to exonerate.
Since there are significant doubts that either Clark Sims or Joe Kaplan are actually the B.
O.
K.
, you two are gonna work together.
- I don't need her.
- My team's got this.
Shut up, both of you.
Hayes and her team are well-versed in the B.
O.
K.
murders.
That should be useful, considering you're trying to catch him.
And catching the actual B.
O.
K.
means that Clark Sims gets out of prison and Joe Kaplan gets released.
It's a win-win.
Way to get on board.
We've been over both the files from the previous B.
O.
K.
attacks and the new case dead end.
Then we get inside the psycho's head, try and see it from his perspective.
You do crazies what's our next step? I think we should look at the 10-year hiatus between Marla Higgins and Caitlin O'Brien.
Why did he stop killing? Some serial killers stop because they get married or divorced, relocate for a new job.
So we track every lonely man in the tri-state area? Or maybe he was sick or moved away and just came back to New York.
What if he didn't get sick? Or maybe he was incarcerated? Score one for the ex-con.
Get the names of everyone who went to prison in New York shortly after Caitlin O'Brien was killed and released just prior to Marla's death.
That could be hundreds of people.
Try thousands.
Better get started.
Department of Corrections gave us access to their online files, but, uh this hasn't been scanned through the system yet.
We're looking for a needle in a haystack.
Based on what May DeFranco said and a profile of the killer I've mocked up, I think we're looking for a white male between 5'5" and 6' with a violent criminal history.
Oh, so a needle in a huge haystack.
Divide and conquer? - I need a break.
- Me too.
I'm gonna make an executive decision we take 20.
Good by me.
Calm down.
Donald Cutler was one of the witnesses who saw Joe outside of Marla Higgins' apartment, right? Yeah, I interviewed him.
Yeah, he was one of the guys who called the tip line.
Why? He was arrested for beating up his girlfriend three weeks after Caitlin O'Brien was killed.
15-year sentence, got out in 10 for good behavior, was released two months ago.
And, get this, he was abused as a child by his foster mom.
This woman.
Oh, she's a ringer for the other victims, right down to the color of her lipstick.
- Did he kill her, too? - Didn't get the chance.
- She died of natural causes in her sleep.
- When? Three weeks before the first B.
O.
K.
killing.
He must have been so frustrated he couldn't punish her in the way that he thought that she deserved.
So he exorcised his demons on all those women instead.
I'll get a location on Don.
Get us the address.
We'll get eyes on it.
Yeah, I'll arrange for warrants.
There's nothing hinky over here.
He's got a lock-picking gun.
Look at this.
It's the layout for an apartment, but not this one.
Whose address is that? May DeFranco.
Looks like Don's planning to finish what he started.
They must be inside.
He was like that when we got here.
Seems he got in through the back door.
She shot him.
It's okay, May.
He's dead.
You sure? He will never hurt you again.
May DeFranco killed Don Cutler.
Good for her.
Why didn't Don go after May the first time he was released from prison? Maybe Marla Higgins was a test run? Don was out of practice, he wanted to get the kinks out before he went back to finish what he started.
You are into some dark stuff, Tess.
Could be useful around here.
Felt good.
Yeah, I bet.
Hey, you forget something? Uh, no.
I just wanted to say I did make a mistake on Clark Sims.
Thanks for helping me fix it.
Just doing my job.
Don't forget about Joe Kaplan.
Kind of screwed up there, too.
Still the same ball buster, huh? You know it.
- Hey.
- Hey.
So are we over it? - Our fight? - Yeah.
I think so.
Good.
Did you know they found Amelia Earhart's skeleton? Yeah, on some island.
Nikumaroro, Kiribati.
They think she was a castaway, didn't die in the crash.
Interesting.
Did they find the plane? This is stupid.
She was the first woman to fly solo around the world.
We should just talk about work.
I thought this was our time.
It is, but let's face it - Our jobs are a big deal for both of us.
- You're welcome.
Of course we're gonna talk about it.
Couple knuckleheads like us? We talk about it, we're gonna fight about it, too.
I wouldn't have it any other way.