Law & Order Special Victims Unit s01e16 Episode Script
The Third Guy
'In the criminal justice system, 'sexually based offences are considered especially heinous.
'In New York City, the detectives who investigate these vicious felonies 'are members of an elite squad known as the Special Victims Unit.
'These are their stories.
' Hello? Hey! You left the door open! Mrs Bernstein? Oh, my God! Mrs Bernstein? - Lot of chaos for one guy.
- Lady lived here for 50 years.
- Alone? - Alone.
Guy ejaculated on her thigh.
Look at this.
Tied up with her own support hose.
The attacker came unprepared.
The rape was an afterthought.
How do you get those thoughts about somebody who's like your grandmother? Thanks a lot.
- What are you doin' with a shrink? - Doctor.
Dr Skoda.
- Skoda's a handful.
- He's the best.
- In his mind.
- That's what he's best at.
- That's double speak.
- What double speak? - Let's just wait to call him in.
- Too late for that.
I invited him.
Lenora Bernstein got up, had tea and toast as she did every morning, then filled the bird feeder outside her window.
Then crawled back in bed to warm up.
Some junkie came in through the window, tied her up, gagged her.
Robbed and raped her.
An old lady.
- How old is old? - 72.
- Who do we notify? - She was a widow.
Only son is dead.
There's gotta be somebody.
This is not an address book.
It's the obits.
Funeral cards in every page.
As if it weren't terrifying enough facing old age alone.
I do not get it.
What kind of man rapes a little old lady? Sexually inexperienced.
Late teens, early 20s.
A social misfit.
If he's been employed it's intermittent, menial.
- Projected mother rage? - That would track.
- His mother may have molested him.
- No disrespect to your training.
But the perp can tell us how he felt about his mother.
You canvass her street.
Munch, Jeffries, see what the ME's got.
An occlusion of the anterior descending - caused a myocardial infarction.
- Brought on by the rape? Or the sudden burst of adrenaline from that kind of trauma.
- That would do it.
- But it was natural causes.
Induced during the commission of a class-A felony.
That's murder two.
There's vulvar bruising, no internal abrasions.
Your guy was flustered.
- Overly stimulated.
- Premature ejaculator.
- Can we expedite the DNA? - 50 bucks extra.
Time of death was 10:53am.
How long before did the heart attack begin? I'll have to do a dissection of the blood vessels.
I'll let you know.
Did she have anything especially valuable that somebody might've known about? Jewellery, maybe.
Oh, yeah.
She had some gorgeous pieces.
Diamonds set in platinum.
She'd wear that kind of jewellery around here? - To temple, sure.
- Can you describe the pieces? Yeah, in one word.
Sold.
She had no choice.
Her jewellery box was cleaned out.
Would there have been anything left? No, nothing.
Well, maybe some costume pieces that she'd pick up at the flea markets, but they weren't worth anything.
Anybody try to pawn this in the past few days? You can get that on QVC for 9.
99.
What would I want with that? He would've had a faux-pearl necklace, faux-onyx.
I don't deal in faux.
Or stolen goods.
That's why it would've stuck out in your mind.
- Two kids.
- Names? If I had bought the goods, I would've gotten names and address, as required by law.
But I didn't, so I didn't.
- What did they look like? - Colombian, Dominican, somethin' like that.
I don't know.
Er, late teens.
One was tall, had dark hair, wearing a fade.
The other guy was really short.
He had a hand tattoo.
- Of? - Barbed wire across the fingers.
And a dagger.
With blood drops.
Would you mind working with our composite artist? Mr Bosic! We'd like you to take a look at this for us.
Any help you need, you come see me 24/7.
These the guys that did it? Did anybody see them in the building? Or nearby.
No, but if it'd help, I'd say what you want.
- We don't want that.
- It's just so horrible, what happened to that poor lady.
I feel like I didn't do enough.
How about your partner? - Jimmy? He was down in the truck.
- Where was it? - Right out in front.
- Jimmy! - Take a look at these for us.
- Oh, sure.
I'd be glad to.
Oh, yeah! A friend of mine does these down at Amsterdam Avenue.
But these are really good.
- Meaning you recognise them? - Sure do.
Excuse me.
We're tryin' to put two names on these two.
That looks like Carlos.
And the other one, that's Alfonso.
- Do you have a last name? - Carlos is Medina, same as mine.
No relation, thank God.
Alfonso, I'm not sure.
He's new.
- But you know Carlos? - Yeah.
To get to the bodega, down that block, you pass his building.
It's the one before.
He sits on that stoop, cussing everyone who goes by.
- Such a pene.
- Thanks.
You're welcome.
Victim's synagogue is past that bodega.
Every week, she would've had to walk right past that pendejo.
- Yo, whassup, ladies? - Whassup? Mi senorita! I know you smiling! Whassup, Diego? What's goin' on, baby? How you feel? This looks a little more promising.
What I tell you about that? Give me the money, give me the money.
Break.
- Bonus.
- Meet up at the block.
- Police! - Break, break, break! Right there, pal.
Right there! Hey! Where you goin'? Against the fence.
Against the fence.
- Hey, out of my pocket, man! - Soon as I hit bottom.
I found Hoffa.
What's this? This poor dear retains water in her ankles.
- You scored a diuretic, genius.
- What? You won't get high, but will shed unsightly pounds.
Me has embaucado, you douche! You want us to Mirandise you in English and Spanish, we can.
What have we got? Bernstein, Lenora.
You know Lenora? Let's go talk about it.
Don't say nothing.
No dice nada.
Can we get you somethin' to drink? You probably want to get this over.
Good.
Let's make it quick and painless.
Have a seat.
- Just tell us what happened.
- Ask Carlos.
We're askin' you.
What is it? You got a thing for defenceless old ladies? - The kind with fancy jewellery? - You climbed up her fire escape.
You're thinkin', 'My lucky day.
The window's not locked.
' You go in, tie her up, and you find squat.
- Why don't you talk to Carlos? - She says she sold her jewellery.
- Which is true.
- But you don't believe her.
- You're pissed, take it out on her.
- What? You look nervous to me, Alfonso.
Why is that? - You the one who raped her? - That's sick! I didn't rape no old lady! I'll tell you what, we'll talk to Carlos about that.
We disturbin' your beauty sleep? Don't worry about it.
- Nice ink.
- I know.
The guy you tried to unload the jewellery on loved it.
- We found that stuff on the street.
- Your prints were in her apartment.
- Helped her with the groceries.
- Through the window? I could be wrong, but Good Samaritans don't usually rape elderly women.
- What did you say? - We got DNA from your donation.
You don't tell us which one of you did it, it will.
We're gonna take samples from both of you.
Well, let's do it.
Cos I didn't rape nobody.
You were right.
Carlos cleared up everything.
- So, I can go now? - Why'd you do it? - What was goin' through your head? - What? Your buddy has no problem givin' us a DNA sample.
Which makes it obvious you did the rape.
- That led to a heart attack.
- That killed her.
- Same as puttin' a bullet in her.
- No! - Yes.
- I don't understand.
I didn't do anything like that! - He says he didn't do it.
- If he didn't, he'll consent to a DNA test.
I don't got a problem with that.
What's wrong? - We swabbed them and sent it out.
- And? - I don't think either will match.
- Why? - Too anxious.
- Falling over themselves to give it up.
- One of 'em's playin' you, right? - Or there's a third perp.
I'm arraigning two boys.
Who the hell is this John Doe? The DNA came back.
It's neither of the boys we have.
We have them on ripping the place off.
Not rape.
What's this? A fishing expedition for John Doe three? Exactly.
We're not robbery.
We want the one who raped her.
I wish you'd let me know one was still at large.
We thought there were just two.
- Only two went to the pawn shop.
- Two seen at the building.
- What about the guy they sold to? - Who, Hiphop? Nothin'.
So the smart one got away clean.
What do you want me to do? The boys won't give up any names.
Can you give us a bargaining chip? I can charge them with robbery one, robbery two, and lesser charges.
- If they give us what we want? - Robbery two and criminal trespass.
They're looking at five instead of fifteen.
I won't go lower.
- Screw you, I ain't doin' five.
- Let us do the negotiating.
If your client doesn't take the deal, he's looking at 15.
- Give us some time alone.
- I don't need time.
They want the rapist.
I want a free skate.
This is serious jail time.
I don't think you're the gambler Carlos is.
- Maybe we should.
- Shut up.
I got us covered.
We're not the ones they want.
Why are you letting this boy gamble with your life? How old are you? 17? Take a good look at me.
In 15 years, you're gonna be as old as I am.
Oh, please! Can we be serious here? If we get this guy on our own, the deal is off.
You'll both do the max.
- And we will find him.
- Oh, knock yourself out.
Enjoy the cavity search.
We need Carlos Medina and Alfonso Cardenas's files.
To confirm they ditched school on the 14th.
- Do you have a warrant? - Could by the end of the day.
Good enough.
Actually, they did not skip school on the 14th.
- No? - No.
They were already suspended.
- What they do? - Broke into lockers.
- Were they caught with another guy? - No, just those two.
Can you tell us who they hang with? Who they get in trouble with? - You have someone in mind? - For him, I'll wait on the warrant.
Is he the principal's son or something? He and Carlos have history, but I don't think they associate any more.
His name? He cleaned up his act.
He's not who you want.
- That's for us to decide.
- Emmanuel Clementa.
While you look up his address, check if he was in school on the 14th.
Sneak it in, sneak it back out.
That your modus operandi, Emmanuel? Got two of your team-mates in jail.
Carlos and Alfonso aren't on my baseball team.
How did you leave Mrs Bernstein's apartment without anyone seein' you? By not being there.
It's interesting the effect guilt has on our bodies.
- Yes.
- I have no guilt.
- Sociopaths never do.
- I have no reason to feel guilty.
An old woman is dead.
She was raped.
You and Carlos used to hassle her.
I haven't hung out with Carlos in a year.
Anyway, she gave us quarters.
- So, for a buck, she'd be alive? - Why you say that? It must've been insultin', a white lady tossin' coins at you.
- I'd be insulted.
- Yeah.
We were like, 'Keep it.
' - So, it was payback? - Not for me.
I got discipline.
The discipline you had when you ditched school that day? - I had things to do.
- Like? Tell us, or you can tell the judge.
My little sister got in over her head, if you know what I'm sayin'.
No.
I took her to the methadone clinic that day.
My! Another Good Samaritan! Well, thanks for your help.
I am tapped out.
How about you? Nada.
And look who's empty-handed.
St Emmanuel was at the methadone clinic from 8am to 11:45.
The receptionist saw him come in at 9:00 and stay at least two hours.
- He left and came back? - No.
She discussed baseball stats with him.
Which drove the administrating nurse nuts.
Baseball widow.
- So, how close are we? - We got sent back to square one.
We'll have to give the boys a better offer.
- ADA won't go lower than five.
- For both.
- What if one does the max? - The other walks? - I want the rapist.
Any thoughts? - Carlos is your typical sociopath.
- He'll screw Alfonso.
- Give it to the sociopath? Alfonso's a follower.
His loyalty to Carlos makes him hard to turn.
But he has a conscience and he's scared.
Fear is a great motivator.
Let's use it.
Enjoying your stay? - Makin' friends, I see.
- I'm here to check on his welfare.
He isn't doing well in here.
How are you gonna handle 15 years? - Carlos says that won't happen.
- Carlos.
Keep listening to Carlos, you'll end up dead.
- Your point? - We talked to the DA.
He gives us the rapist, the DA will drop him to third-degree robbery.
They can sentence you as a youth at 17.
You can pull a year and a half.
- Maybe even probation.
- No jail time.
- It's possible.
- Will Carlos get it, too? No.
Only one of you.
Can I think about it? What is there is to think about? This is a once-in-a-lifetime offer.
You wanna think about it? You got 12 hours.
Think very hard, because this is the biggest decision of your life.
- Then it goes to Carlos.
- He's gonna take it in a heartbeat.
- Any messages? - Not about Alfonso.
- Idiot.
- He won't deal? - He wants it.
- But he won't screw Carlos.
- Carlos'd sell his mom for smokes.
- Yep.
DA's office called.
You got a taker.
They're waiting for you.
What are you doin' here? - I heard there's a deal.
- On Alfonso's table.
Alfonso had a dilemma.
He asked for my advice and I had to counsel him against it.
My client is quite amenable to the terms.
- Shall we begin? - It's up to you.
Yeah.
The deal's contingent upon your information leading to an arrest.
And he allocutes.
What? Oh! I got no problem telling what happened.
Where should I start? - Where we came through the window? - Who's we? Alfonso, I thought, was gonna bail right there.
- What about the other guy? - She has nothin'.
I trash the place.
I teach that bitch.
But all of a sudden, there's this noise.
- What kind of noise? - A cuckoo clock.
Only it's freaky loud.
Alfonso almost fills his drawers.
He takes off.
- How many times did it cuckoo? - Once.
- Once on the half hour.
9:30.
- So, I chase down Alfonso.
- He's on the stairs.
- You leave the other guy with her? - I didn't leave nobody.
- Let me explain something.
You jerk us around, you jerk your deal off the table.
So I drag Alfonso's sorry ass back.
But there's a guy outside the door.
A white guy.
Beige uniform.
Just hold on right here.
You're saying none of you raped her.
The guy was carrying a clipboard.
Had a logo on his pocket with letters that didn't spell anything.
Anyways, this guy walks through the door we left open.
Alfonso was like, 'We trashed the place, we need to go.
' - The delivery man raped her? - Yeah.
I mean, how sick is that? Huh? - The delivery guy? - So Carlos said.
Not a delinquent buddy, but a good citizen? Yeah, right.
- Carlos described his uniform.
- There are holes in Stan's story.
He went in at 9:30, but Stan didn't call 911 for 23 minutes.
- What can you do in 23 minutes? - What can't you do? He called it in and stayed there while EMS tried to resuscitate.
Guy starts a fire, reports it, helps put it out.
Hero syndrome.
Or Carlos takes a hero and turns him into the patsy.
Schmuck syndrome.
The elderly victim, the hurried sex act, - it points to a less mature guy.
- Like a Carlos.
We have to tread lightly here, folks.
I mean, Stan made every paper.
We don't want another Richard Jewell on our hands.
So check him out thoroughly.
- What's wrong with you two? - Alfonso's attorney called.
- Now he wants to deal.
- Desperately.
He's not the only one with troubles.
I got Stan's record.
Stan has a record? Mm-hm.
He spent some time in Sing Sing.
- What for? - Armed robbery.
- Sexual assaults? - None that he was busted for.
If he did, he had to tell.
And cell mates? Great captive audiences.
- Who did he bunk with? - Jonathan Schmidt.
- In or out? - Out.
Yeah, I remember Stan.
Talk about hard time.
He rubbed you the wrong way, huh? Havin' skin peeled off would've been more pleasurable.
Cat never shut up.
About what? Crimes he got away with? Nothin' to do with that.
Couldn't walk five feet to the trash can? - So, what he talk about? - Female exploits, what else? He was the joke of the cell block.
Stan the Man, they called him.
You stay in touch? He called me a couple months ago.
And? And he goes on and on about this cush job he has in pharmaceutical transportation.
And how he's boffin' half the women on his round.
He told you he was having sex with women he was delivering to? If you let him tell it, no woman could resist him.
- 'Jimmy, isn't it?' - Yeah! Who are you? Detectives Jeffries and Munch.
You going to work? Yeah.
I have to be there by 9:00.
I understand it's enjoyable work.
For Stan, at least.
- Stan the Man.
- We heard he was irresistible.
We also heard he's boffin' half the women on the route.
Really? If you know anything, tell us, or we'll charge you with obstruction.
What do you wanna know? You two in that truck all day, Stan the talker, I'm sure sex comes up.
Oh! Yeah! He ever talk about having sex with women you deliver to? All the time.
Special deliveries, he calls them.
What about Mrs Bernstein? - What about her? - He make a special delivery to her? Nope.
I have to pick up a newspaper.
Think he knows more than he's telling us? Volumes.
Think it's time we talked to't.
e man' himself.
- Hey! What brings you down here? - We need to clear up a few things.
Anything I can do to help.
It'd be easier if we did this at the station.
- I still got deliveries to make.
- They can wait.
For the last time, I never did any customers.
Not once, never.
- That's not what we heard.
- I brag, all right? - Huh! - OK, lie.
- Like on your job application? - About being an ex-con.
They wouldn't have hired me.
And when they find out about Mrs Bernstein? - I never touched her! - How did you give her CPR? How? OK.
OK.
I didn't.
I didn't give her CPR.
- I didn't even find her.
- There you go with the lies again.
Witnesses saw you go in No, no.
You got it wrong.
They didn't see me, they saw Jimmy.
You want us to believe you're covering for Jimmy? Not for him, for me.
OK, look.
I'm supposed to make the deliveries.
He's not certified to hook up tanks.
When there's a building without elevators, he walks it up for me.
He was takin' so long, I went up.
I found the new tank by the door, her tied to the bed and Jimmy in the bathroom.
- What was he doing? - Freaking out.
I figured he walked in on what I did, couldn't cope.
But you could.
It seemed like a win-win.
He doesn't have to deal with it, I keep my job, and it gets my name in the papers.
- I'm not lyin' this time.
- No? No.
We've got witnesses.
We can clear it up.
We'll put you both in the line-up and see who saw what.
Carlos, do you recognise anyone? - No.
- Take your time.
I don't need it! He's not there! What y'all playin'? - All right, send in the next group.
- What's with you? I told you exactly who it was.
And he ain't there - That's him! - Which one? Number one.
Gilligan's Island dude.
That's the dopey face I saw.
- Are you sure? - Yeah.
Can I go? - My client's fulfilled the deal.
- Only if it leads to an arrest.
I'll send over the paperwork when it does.
Just got the final autopsy report.
She had two separate heart attacks.
The first one caused a partial occlusion in a diagonal branch.
- When did she have the first one? - Within an hour of the fatal one.
When the kids broke in.
Did the first contribute to the second? The ME says if it hadn't weakened her heart, she might have survived.
- We cut Carlos loose.
- Let's not lose anyone else.
- You understand your rights? - Yeah.
Who brought the tank up to Mrs Bernstein, you or Stan? Me.
I always took the tanks.
Stan has a bad back.
- Was the door open or closed? - Open.
But not all the way.
- Just a little bit.
But it was open.
- Mm-hm.
- So what did you do then? - I went in.
- You notice anything unusual? - Oh yeah.
Yeah.
- It didn't look like it usually did.
- How did it look? Ooh Messy.
- Messy? - Yeah.
- That it? - Yeah.
- I was gonna help.
- Help what? Help her clean up? Yeah.
I called, 'Hey, Mrs Bernstein!' - She answer? - No.
So I went lookin' for her.
Where'd you find her? - B-Bedroom.
- Where in the bedroom? On the bed.
Anyone else there? No.
Can you describe the condition in which you found her? I What was that? How did she look on the bed? Er she looked She looked nice.
She was She was wearing her nightie.
She looked happy to see me.
- That when you tied her up? - N-No! I didn't tie her up.
I gotta tell you, we think you did, and we also think you raped her.
- You raped an old woman! - Then you killed her.
No! You wanted to see me? Yeah, shut the door, please.
You wrote a psych evaluation on Jimmy Walp.
No, actually, I didn't.
According to his attorney, you did.
If he proves Jimmy didn't understand his Miranda, we lose his statement.
And anything that came after.
How could you give them that ammunition in writing? I asked Whoa, whoa, whoa.
I put a sticky on your desk by his DD5, that's all.
- What was on this bombshell sticky? - 'Retarded' and a question mark.
- Never should've left this office.
- Well, it did.
It made it into the discovery packet.
The hearing is Monday.
Anything you can dig up refuting his alleged retardation would be greatly appreciated.
Well, let's start digging and not stop until we get this guy in Mensa.
- Pulled his Board of Ed records.
- According to the DSM criteria, an IQ of 70 or below classifies him as retarded.
What's his? - He hasn't got one.
- It's not there? - He was never tested.
- Everybody's tested.
He missed a lot of school.
- What about his grades? - Ds and Fs.
That doesn't prove anything.
Einstein consistently flunked math.
We'll argue he's another Einstein.
What about his work history? He was even fired from McDonalds.
That alone'll win their case.
But he got jobs.
He lived on his own, unsupervised, unassisted.
Which, believe me, is no easy feat.
Jimmy? He's no trouble.
You're not here about that guy in 201? We're sure.
- We'll lock up when we leave.
- Whoa, a lot of books.
Got everything from, er, Danielle Steel to Look at this.
Introduction To Thermonuclear Physics.
This is such a crock.
Tell me, how many retarded guys read James Joyce? - In the box.
- He's a big reader.
- Sits outside readin' the paper.
- Is that right? I say, 'What's the good news?' He says, 'Tell you when I find it.
' Look.
Guy's kept every receipt he ever got, all paid with cash.
Cash.
Cash.
No credit cards.
- That makes him smarter than me.
- No chequebook.
No diary.
- But he's got a lot of porn.
- In the box.
There's no kitchen here.
We got a stove.
What do you know? Filled with books.
- And newspapers.
Where does he eat? - Lilly's Diner.
Religiously.
Health Department closed it down for a week, I think he lost 10lbs.
He's a regular.
Comes in twice a day, three times on the weekend.
- Alone? - Always.
Which is odd, because he's a friendly guy.
He talks to whoever's beside him.
He come across to you as slow? He ain't in any hurry.
He studies the menu.
Drives me nuts.
- Why? - Because he always gets the special.
Every time.
Er, 'scuse me.
Guy over on table two's gonna have a coronary if he doesn't get a coffee.
Isn't it interesting how not one person he dealt with daily picked up on any developmental disabilities? Of course, they had limited contact with him.
No.
He was never any trouble.
What was he like as a child? Er You know, I had seven.
Jimmy was the sixth.
I remember I could sit him in front of the TV and not have to worry about him for hours.
It's hard to give each kid the attention they deserve.
Maybe he didn't get enough, but, er, when I had him, I was just so tired.
Jimmy missed a lot of school.
Why was that? He was usually an angel, but he had bad days and I had to keep him home.
Did you think of getting him tested? For what? Learning disorders.
He isn't retarded.
I'm his mother.
I would know something like that.
- When did you last speak with him? - It's been a while.
Er, I guess it was when he left home.
- You mean, when he was 18? - Maybe I'm not the best mother, but you don't know what it's like raising seven children by myself.
Did Jimmy ever have any girlfriends? No.
He never had much luck in that area.
How about friends? No.
Defence gave him an IQ test.
I got the results.
- Yea or nay? - He just missed the cut.
68.
It wouldn't be in his best interests to try hard.
It's odd.
Nothing has his writing on.
Not even a grocery list.
Interesting, but not as interesting as this.
Insatiable Bondage Sluts.
That's nice.
Charming, but not illegal, and certainly not admissible in court.
Mm-hm.
Turn it over.
Wow.
Eerily familiar, huh? Same staging as Mrs Bernstein, down to the shade of pink.
- Except the 50-year age gap.
- He didn't stage it.
Carlos and Alfonso tied her up.
That's how Jimmy found her.
- How's it goin'? - Great.
- Hey.
- What have we found? Jimmy Walp's belongings.
What do you make of that? He walked into that room, saw a tableau from this tape, got excited.
- And committed a felony.
- He misreads social cues and mimics to appear normal.
He may have thought he was expected to perform the sex act.
Whose side are you on? I think we all wanna see justice done.
He needs to be incarcerated.
The question is where.
They do send the mentally retarded to prison.
There are 250 on Death Row.
The system is slanted against them.
They tend to incriminate themselves, they're unable to assist in their own defence.
They're so eager to please, they confess to things they didn't do.
Jimmy is mildly retarded.
He did not understand the consequences of his actions.
OK.
That it? Finished here? Jimmy Walp went his entire life without being diagnosed, until now.
I find that awfully convenient.
- I find it tragic.
- We're going ahead with this.
He understands enough to be accountable.
He knows he did something wrong.
We are not losing his statement.
He maintained a job and an apartment.
Our investigation turned up no records diagnosing him as mentally retarded.
We found no conclusive evidence indicating he is.
Thank you, Detective.
Detective, books from my client's residence were entered into evidence.
You tried to cite them as proof of his reading ability.
Do you know the lengths the mentally retarded will go to disguise it? They'll pretend to read in public, parrot phrases to appear knowledgeable, wear a watch when they can't tell time.
My client spent his life fooling people into believing he is of normal intelligence.
- Is there a question here? - Your question, Mr Trask.
- Did you ask Jimmy to read out loud? - I found no reason to do that.
But you showed him his Miranda, and asked him to read it before signing? - Yes, but I also read it to him.
- Jimmy.
Do you remember talking to Detective Stabler on March 21st? - Yep.
- Did he explain your rights to you? Yep.
Can you explain what your rights are? Yeah.
You have the right to remain silent.
Anything you say can and will be held against you in a court of law.
Very good.
Now, can you explain what it means? - Those are your rights.
- But can you explain them? - I just did.
- OK.
What is a court of law? Due process? What is the role of the judge? No further questions.
Jimmy.
- Yep? - Do you know why you're here? - Yeah.
Because of Mrs Bernstein.
- Your Honour, this hearing is on the statement only.
Yes.
Counsellor, please confine your questions.
Jimmy your attorney put a lot of people on the stand today.
I know.
They presented evaluations, professional opinions and test results, all saying that you are mentally retarded.
Everyone I put on the stand says that you're not.
But nobody asked you.
Are you mentally retarded? - No.
- Your Honour, I'd like it noted that it is common for the retarded to deny their retardation.
- So noted.
- Hey! I am not retarded! Is there any way you can prove that? I can tell you what I did to Mrs Bernstein.
- Objection! - She was not dressed.
- Her hands were tied up here.
- Jimmy, don't say anything else! And she was moaning.
And it was sssso so exciting.
Your Honour I'd like to hear what he has to say.
This will be off the record.
Go ahead.
I knew what she wanted.
I'd seen it on the videos, but I had never done it before.
I got on top of her and It felt really good! And then I tried to kiss her, and I could see that, um that, um, you know, something was wrong, and I thought that maybe I did something wrong, so I tried to do, er, the, um the the CPR that I I seen on the TV.
But, you know, I guess I was doin' that wrong, too, and so I got scared.
And, um, I didn't I didn't know how to explain to anybody what happened, so I went to the bathroom and, um I was hiding in the bathroom when Stan came in, and told me that the old lady was dead.
Captain.
We should get together on a recommendation to the court when you have time.
Time? Write your report and put my name on it.
What's the difference? - What's eating you? - The guy on the stand, OK? Maybe he's retarded, maybe not.
But we're talkin' about two IQ points! He was devastated by what he did.
You saw.
No, I saw remorse.
He knew exactly what he was doing.
When I get insomnia, I think about the sociopathic killers I got sent to Attica.
I sleep like a baby.
But he's just a retarded guy that made a bad mistake.
Fine.
It's the system.
Let's just put him in some quiet place where he can read Winnie The Pooh and get hot chocolate, while Mrs Bernstein remember her? Gets a headstone.
Whatever.
OK, Jimmy, first they'll do the paperwork, get you a room, then Dr Krasnow will see you for the intake exam.
- Dr who? - Krasnow.
He's very nice.
- I've known him for years.
- Aren't you gonna stay with me? For a while, OK? No! No! Get back! Get back! No! No! Hi! I c I c I c Hi! - No! No! No! - Hi!
'In New York City, the detectives who investigate these vicious felonies 'are members of an elite squad known as the Special Victims Unit.
'These are their stories.
' Hello? Hey! You left the door open! Mrs Bernstein? Oh, my God! Mrs Bernstein? - Lot of chaos for one guy.
- Lady lived here for 50 years.
- Alone? - Alone.
Guy ejaculated on her thigh.
Look at this.
Tied up with her own support hose.
The attacker came unprepared.
The rape was an afterthought.
How do you get those thoughts about somebody who's like your grandmother? Thanks a lot.
- What are you doin' with a shrink? - Doctor.
Dr Skoda.
- Skoda's a handful.
- He's the best.
- In his mind.
- That's what he's best at.
- That's double speak.
- What double speak? - Let's just wait to call him in.
- Too late for that.
I invited him.
Lenora Bernstein got up, had tea and toast as she did every morning, then filled the bird feeder outside her window.
Then crawled back in bed to warm up.
Some junkie came in through the window, tied her up, gagged her.
Robbed and raped her.
An old lady.
- How old is old? - 72.
- Who do we notify? - She was a widow.
Only son is dead.
There's gotta be somebody.
This is not an address book.
It's the obits.
Funeral cards in every page.
As if it weren't terrifying enough facing old age alone.
I do not get it.
What kind of man rapes a little old lady? Sexually inexperienced.
Late teens, early 20s.
A social misfit.
If he's been employed it's intermittent, menial.
- Projected mother rage? - That would track.
- His mother may have molested him.
- No disrespect to your training.
But the perp can tell us how he felt about his mother.
You canvass her street.
Munch, Jeffries, see what the ME's got.
An occlusion of the anterior descending - caused a myocardial infarction.
- Brought on by the rape? Or the sudden burst of adrenaline from that kind of trauma.
- That would do it.
- But it was natural causes.
Induced during the commission of a class-A felony.
That's murder two.
There's vulvar bruising, no internal abrasions.
Your guy was flustered.
- Overly stimulated.
- Premature ejaculator.
- Can we expedite the DNA? - 50 bucks extra.
Time of death was 10:53am.
How long before did the heart attack begin? I'll have to do a dissection of the blood vessels.
I'll let you know.
Did she have anything especially valuable that somebody might've known about? Jewellery, maybe.
Oh, yeah.
She had some gorgeous pieces.
Diamonds set in platinum.
She'd wear that kind of jewellery around here? - To temple, sure.
- Can you describe the pieces? Yeah, in one word.
Sold.
She had no choice.
Her jewellery box was cleaned out.
Would there have been anything left? No, nothing.
Well, maybe some costume pieces that she'd pick up at the flea markets, but they weren't worth anything.
Anybody try to pawn this in the past few days? You can get that on QVC for 9.
99.
What would I want with that? He would've had a faux-pearl necklace, faux-onyx.
I don't deal in faux.
Or stolen goods.
That's why it would've stuck out in your mind.
- Two kids.
- Names? If I had bought the goods, I would've gotten names and address, as required by law.
But I didn't, so I didn't.
- What did they look like? - Colombian, Dominican, somethin' like that.
I don't know.
Er, late teens.
One was tall, had dark hair, wearing a fade.
The other guy was really short.
He had a hand tattoo.
- Of? - Barbed wire across the fingers.
And a dagger.
With blood drops.
Would you mind working with our composite artist? Mr Bosic! We'd like you to take a look at this for us.
Any help you need, you come see me 24/7.
These the guys that did it? Did anybody see them in the building? Or nearby.
No, but if it'd help, I'd say what you want.
- We don't want that.
- It's just so horrible, what happened to that poor lady.
I feel like I didn't do enough.
How about your partner? - Jimmy? He was down in the truck.
- Where was it? - Right out in front.
- Jimmy! - Take a look at these for us.
- Oh, sure.
I'd be glad to.
Oh, yeah! A friend of mine does these down at Amsterdam Avenue.
But these are really good.
- Meaning you recognise them? - Sure do.
Excuse me.
We're tryin' to put two names on these two.
That looks like Carlos.
And the other one, that's Alfonso.
- Do you have a last name? - Carlos is Medina, same as mine.
No relation, thank God.
Alfonso, I'm not sure.
He's new.
- But you know Carlos? - Yeah.
To get to the bodega, down that block, you pass his building.
It's the one before.
He sits on that stoop, cussing everyone who goes by.
- Such a pene.
- Thanks.
You're welcome.
Victim's synagogue is past that bodega.
Every week, she would've had to walk right past that pendejo.
- Yo, whassup, ladies? - Whassup? Mi senorita! I know you smiling! Whassup, Diego? What's goin' on, baby? How you feel? This looks a little more promising.
What I tell you about that? Give me the money, give me the money.
Break.
- Bonus.
- Meet up at the block.
- Police! - Break, break, break! Right there, pal.
Right there! Hey! Where you goin'? Against the fence.
Against the fence.
- Hey, out of my pocket, man! - Soon as I hit bottom.
I found Hoffa.
What's this? This poor dear retains water in her ankles.
- You scored a diuretic, genius.
- What? You won't get high, but will shed unsightly pounds.
Me has embaucado, you douche! You want us to Mirandise you in English and Spanish, we can.
What have we got? Bernstein, Lenora.
You know Lenora? Let's go talk about it.
Don't say nothing.
No dice nada.
Can we get you somethin' to drink? You probably want to get this over.
Good.
Let's make it quick and painless.
Have a seat.
- Just tell us what happened.
- Ask Carlos.
We're askin' you.
What is it? You got a thing for defenceless old ladies? - The kind with fancy jewellery? - You climbed up her fire escape.
You're thinkin', 'My lucky day.
The window's not locked.
' You go in, tie her up, and you find squat.
- Why don't you talk to Carlos? - She says she sold her jewellery.
- Which is true.
- But you don't believe her.
- You're pissed, take it out on her.
- What? You look nervous to me, Alfonso.
Why is that? - You the one who raped her? - That's sick! I didn't rape no old lady! I'll tell you what, we'll talk to Carlos about that.
We disturbin' your beauty sleep? Don't worry about it.
- Nice ink.
- I know.
The guy you tried to unload the jewellery on loved it.
- We found that stuff on the street.
- Your prints were in her apartment.
- Helped her with the groceries.
- Through the window? I could be wrong, but Good Samaritans don't usually rape elderly women.
- What did you say? - We got DNA from your donation.
You don't tell us which one of you did it, it will.
We're gonna take samples from both of you.
Well, let's do it.
Cos I didn't rape nobody.
You were right.
Carlos cleared up everything.
- So, I can go now? - Why'd you do it? - What was goin' through your head? - What? Your buddy has no problem givin' us a DNA sample.
Which makes it obvious you did the rape.
- That led to a heart attack.
- That killed her.
- Same as puttin' a bullet in her.
- No! - Yes.
- I don't understand.
I didn't do anything like that! - He says he didn't do it.
- If he didn't, he'll consent to a DNA test.
I don't got a problem with that.
What's wrong? - We swabbed them and sent it out.
- And? - I don't think either will match.
- Why? - Too anxious.
- Falling over themselves to give it up.
- One of 'em's playin' you, right? - Or there's a third perp.
I'm arraigning two boys.
Who the hell is this John Doe? The DNA came back.
It's neither of the boys we have.
We have them on ripping the place off.
Not rape.
What's this? A fishing expedition for John Doe three? Exactly.
We're not robbery.
We want the one who raped her.
I wish you'd let me know one was still at large.
We thought there were just two.
- Only two went to the pawn shop.
- Two seen at the building.
- What about the guy they sold to? - Who, Hiphop? Nothin'.
So the smart one got away clean.
What do you want me to do? The boys won't give up any names.
Can you give us a bargaining chip? I can charge them with robbery one, robbery two, and lesser charges.
- If they give us what we want? - Robbery two and criminal trespass.
They're looking at five instead of fifteen.
I won't go lower.
- Screw you, I ain't doin' five.
- Let us do the negotiating.
If your client doesn't take the deal, he's looking at 15.
- Give us some time alone.
- I don't need time.
They want the rapist.
I want a free skate.
This is serious jail time.
I don't think you're the gambler Carlos is.
- Maybe we should.
- Shut up.
I got us covered.
We're not the ones they want.
Why are you letting this boy gamble with your life? How old are you? 17? Take a good look at me.
In 15 years, you're gonna be as old as I am.
Oh, please! Can we be serious here? If we get this guy on our own, the deal is off.
You'll both do the max.
- And we will find him.
- Oh, knock yourself out.
Enjoy the cavity search.
We need Carlos Medina and Alfonso Cardenas's files.
To confirm they ditched school on the 14th.
- Do you have a warrant? - Could by the end of the day.
Good enough.
Actually, they did not skip school on the 14th.
- No? - No.
They were already suspended.
- What they do? - Broke into lockers.
- Were they caught with another guy? - No, just those two.
Can you tell us who they hang with? Who they get in trouble with? - You have someone in mind? - For him, I'll wait on the warrant.
Is he the principal's son or something? He and Carlos have history, but I don't think they associate any more.
His name? He cleaned up his act.
He's not who you want.
- That's for us to decide.
- Emmanuel Clementa.
While you look up his address, check if he was in school on the 14th.
Sneak it in, sneak it back out.
That your modus operandi, Emmanuel? Got two of your team-mates in jail.
Carlos and Alfonso aren't on my baseball team.
How did you leave Mrs Bernstein's apartment without anyone seein' you? By not being there.
It's interesting the effect guilt has on our bodies.
- Yes.
- I have no guilt.
- Sociopaths never do.
- I have no reason to feel guilty.
An old woman is dead.
She was raped.
You and Carlos used to hassle her.
I haven't hung out with Carlos in a year.
Anyway, she gave us quarters.
- So, for a buck, she'd be alive? - Why you say that? It must've been insultin', a white lady tossin' coins at you.
- I'd be insulted.
- Yeah.
We were like, 'Keep it.
' - So, it was payback? - Not for me.
I got discipline.
The discipline you had when you ditched school that day? - I had things to do.
- Like? Tell us, or you can tell the judge.
My little sister got in over her head, if you know what I'm sayin'.
No.
I took her to the methadone clinic that day.
My! Another Good Samaritan! Well, thanks for your help.
I am tapped out.
How about you? Nada.
And look who's empty-handed.
St Emmanuel was at the methadone clinic from 8am to 11:45.
The receptionist saw him come in at 9:00 and stay at least two hours.
- He left and came back? - No.
She discussed baseball stats with him.
Which drove the administrating nurse nuts.
Baseball widow.
- So, how close are we? - We got sent back to square one.
We'll have to give the boys a better offer.
- ADA won't go lower than five.
- For both.
- What if one does the max? - The other walks? - I want the rapist.
Any thoughts? - Carlos is your typical sociopath.
- He'll screw Alfonso.
- Give it to the sociopath? Alfonso's a follower.
His loyalty to Carlos makes him hard to turn.
But he has a conscience and he's scared.
Fear is a great motivator.
Let's use it.
Enjoying your stay? - Makin' friends, I see.
- I'm here to check on his welfare.
He isn't doing well in here.
How are you gonna handle 15 years? - Carlos says that won't happen.
- Carlos.
Keep listening to Carlos, you'll end up dead.
- Your point? - We talked to the DA.
He gives us the rapist, the DA will drop him to third-degree robbery.
They can sentence you as a youth at 17.
You can pull a year and a half.
- Maybe even probation.
- No jail time.
- It's possible.
- Will Carlos get it, too? No.
Only one of you.
Can I think about it? What is there is to think about? This is a once-in-a-lifetime offer.
You wanna think about it? You got 12 hours.
Think very hard, because this is the biggest decision of your life.
- Then it goes to Carlos.
- He's gonna take it in a heartbeat.
- Any messages? - Not about Alfonso.
- Idiot.
- He won't deal? - He wants it.
- But he won't screw Carlos.
- Carlos'd sell his mom for smokes.
- Yep.
DA's office called.
You got a taker.
They're waiting for you.
What are you doin' here? - I heard there's a deal.
- On Alfonso's table.
Alfonso had a dilemma.
He asked for my advice and I had to counsel him against it.
My client is quite amenable to the terms.
- Shall we begin? - It's up to you.
Yeah.
The deal's contingent upon your information leading to an arrest.
And he allocutes.
What? Oh! I got no problem telling what happened.
Where should I start? - Where we came through the window? - Who's we? Alfonso, I thought, was gonna bail right there.
- What about the other guy? - She has nothin'.
I trash the place.
I teach that bitch.
But all of a sudden, there's this noise.
- What kind of noise? - A cuckoo clock.
Only it's freaky loud.
Alfonso almost fills his drawers.
He takes off.
- How many times did it cuckoo? - Once.
- Once on the half hour.
9:30.
- So, I chase down Alfonso.
- He's on the stairs.
- You leave the other guy with her? - I didn't leave nobody.
- Let me explain something.
You jerk us around, you jerk your deal off the table.
So I drag Alfonso's sorry ass back.
But there's a guy outside the door.
A white guy.
Beige uniform.
Just hold on right here.
You're saying none of you raped her.
The guy was carrying a clipboard.
Had a logo on his pocket with letters that didn't spell anything.
Anyways, this guy walks through the door we left open.
Alfonso was like, 'We trashed the place, we need to go.
' - The delivery man raped her? - Yeah.
I mean, how sick is that? Huh? - The delivery guy? - So Carlos said.
Not a delinquent buddy, but a good citizen? Yeah, right.
- Carlos described his uniform.
- There are holes in Stan's story.
He went in at 9:30, but Stan didn't call 911 for 23 minutes.
- What can you do in 23 minutes? - What can't you do? He called it in and stayed there while EMS tried to resuscitate.
Guy starts a fire, reports it, helps put it out.
Hero syndrome.
Or Carlos takes a hero and turns him into the patsy.
Schmuck syndrome.
The elderly victim, the hurried sex act, - it points to a less mature guy.
- Like a Carlos.
We have to tread lightly here, folks.
I mean, Stan made every paper.
We don't want another Richard Jewell on our hands.
So check him out thoroughly.
- What's wrong with you two? - Alfonso's attorney called.
- Now he wants to deal.
- Desperately.
He's not the only one with troubles.
I got Stan's record.
Stan has a record? Mm-hm.
He spent some time in Sing Sing.
- What for? - Armed robbery.
- Sexual assaults? - None that he was busted for.
If he did, he had to tell.
And cell mates? Great captive audiences.
- Who did he bunk with? - Jonathan Schmidt.
- In or out? - Out.
Yeah, I remember Stan.
Talk about hard time.
He rubbed you the wrong way, huh? Havin' skin peeled off would've been more pleasurable.
Cat never shut up.
About what? Crimes he got away with? Nothin' to do with that.
Couldn't walk five feet to the trash can? - So, what he talk about? - Female exploits, what else? He was the joke of the cell block.
Stan the Man, they called him.
You stay in touch? He called me a couple months ago.
And? And he goes on and on about this cush job he has in pharmaceutical transportation.
And how he's boffin' half the women on his round.
He told you he was having sex with women he was delivering to? If you let him tell it, no woman could resist him.
- 'Jimmy, isn't it?' - Yeah! Who are you? Detectives Jeffries and Munch.
You going to work? Yeah.
I have to be there by 9:00.
I understand it's enjoyable work.
For Stan, at least.
- Stan the Man.
- We heard he was irresistible.
We also heard he's boffin' half the women on the route.
Really? If you know anything, tell us, or we'll charge you with obstruction.
What do you wanna know? You two in that truck all day, Stan the talker, I'm sure sex comes up.
Oh! Yeah! He ever talk about having sex with women you deliver to? All the time.
Special deliveries, he calls them.
What about Mrs Bernstein? - What about her? - He make a special delivery to her? Nope.
I have to pick up a newspaper.
Think he knows more than he's telling us? Volumes.
Think it's time we talked to't.
e man' himself.
- Hey! What brings you down here? - We need to clear up a few things.
Anything I can do to help.
It'd be easier if we did this at the station.
- I still got deliveries to make.
- They can wait.
For the last time, I never did any customers.
Not once, never.
- That's not what we heard.
- I brag, all right? - Huh! - OK, lie.
- Like on your job application? - About being an ex-con.
They wouldn't have hired me.
And when they find out about Mrs Bernstein? - I never touched her! - How did you give her CPR? How? OK.
OK.
I didn't.
I didn't give her CPR.
- I didn't even find her.
- There you go with the lies again.
Witnesses saw you go in No, no.
You got it wrong.
They didn't see me, they saw Jimmy.
You want us to believe you're covering for Jimmy? Not for him, for me.
OK, look.
I'm supposed to make the deliveries.
He's not certified to hook up tanks.
When there's a building without elevators, he walks it up for me.
He was takin' so long, I went up.
I found the new tank by the door, her tied to the bed and Jimmy in the bathroom.
- What was he doing? - Freaking out.
I figured he walked in on what I did, couldn't cope.
But you could.
It seemed like a win-win.
He doesn't have to deal with it, I keep my job, and it gets my name in the papers.
- I'm not lyin' this time.
- No? No.
We've got witnesses.
We can clear it up.
We'll put you both in the line-up and see who saw what.
Carlos, do you recognise anyone? - No.
- Take your time.
I don't need it! He's not there! What y'all playin'? - All right, send in the next group.
- What's with you? I told you exactly who it was.
And he ain't there - That's him! - Which one? Number one.
Gilligan's Island dude.
That's the dopey face I saw.
- Are you sure? - Yeah.
Can I go? - My client's fulfilled the deal.
- Only if it leads to an arrest.
I'll send over the paperwork when it does.
Just got the final autopsy report.
She had two separate heart attacks.
The first one caused a partial occlusion in a diagonal branch.
- When did she have the first one? - Within an hour of the fatal one.
When the kids broke in.
Did the first contribute to the second? The ME says if it hadn't weakened her heart, she might have survived.
- We cut Carlos loose.
- Let's not lose anyone else.
- You understand your rights? - Yeah.
Who brought the tank up to Mrs Bernstein, you or Stan? Me.
I always took the tanks.
Stan has a bad back.
- Was the door open or closed? - Open.
But not all the way.
- Just a little bit.
But it was open.
- Mm-hm.
- So what did you do then? - I went in.
- You notice anything unusual? - Oh yeah.
Yeah.
- It didn't look like it usually did.
- How did it look? Ooh Messy.
- Messy? - Yeah.
- That it? - Yeah.
- I was gonna help.
- Help what? Help her clean up? Yeah.
I called, 'Hey, Mrs Bernstein!' - She answer? - No.
So I went lookin' for her.
Where'd you find her? - B-Bedroom.
- Where in the bedroom? On the bed.
Anyone else there? No.
Can you describe the condition in which you found her? I What was that? How did she look on the bed? Er she looked She looked nice.
She was She was wearing her nightie.
She looked happy to see me.
- That when you tied her up? - N-No! I didn't tie her up.
I gotta tell you, we think you did, and we also think you raped her.
- You raped an old woman! - Then you killed her.
No! You wanted to see me? Yeah, shut the door, please.
You wrote a psych evaluation on Jimmy Walp.
No, actually, I didn't.
According to his attorney, you did.
If he proves Jimmy didn't understand his Miranda, we lose his statement.
And anything that came after.
How could you give them that ammunition in writing? I asked Whoa, whoa, whoa.
I put a sticky on your desk by his DD5, that's all.
- What was on this bombshell sticky? - 'Retarded' and a question mark.
- Never should've left this office.
- Well, it did.
It made it into the discovery packet.
The hearing is Monday.
Anything you can dig up refuting his alleged retardation would be greatly appreciated.
Well, let's start digging and not stop until we get this guy in Mensa.
- Pulled his Board of Ed records.
- According to the DSM criteria, an IQ of 70 or below classifies him as retarded.
What's his? - He hasn't got one.
- It's not there? - He was never tested.
- Everybody's tested.
He missed a lot of school.
- What about his grades? - Ds and Fs.
That doesn't prove anything.
Einstein consistently flunked math.
We'll argue he's another Einstein.
What about his work history? He was even fired from McDonalds.
That alone'll win their case.
But he got jobs.
He lived on his own, unsupervised, unassisted.
Which, believe me, is no easy feat.
Jimmy? He's no trouble.
You're not here about that guy in 201? We're sure.
- We'll lock up when we leave.
- Whoa, a lot of books.
Got everything from, er, Danielle Steel to Look at this.
Introduction To Thermonuclear Physics.
This is such a crock.
Tell me, how many retarded guys read James Joyce? - In the box.
- He's a big reader.
- Sits outside readin' the paper.
- Is that right? I say, 'What's the good news?' He says, 'Tell you when I find it.
' Look.
Guy's kept every receipt he ever got, all paid with cash.
Cash.
Cash.
No credit cards.
- That makes him smarter than me.
- No chequebook.
No diary.
- But he's got a lot of porn.
- In the box.
There's no kitchen here.
We got a stove.
What do you know? Filled with books.
- And newspapers.
Where does he eat? - Lilly's Diner.
Religiously.
Health Department closed it down for a week, I think he lost 10lbs.
He's a regular.
Comes in twice a day, three times on the weekend.
- Alone? - Always.
Which is odd, because he's a friendly guy.
He talks to whoever's beside him.
He come across to you as slow? He ain't in any hurry.
He studies the menu.
Drives me nuts.
- Why? - Because he always gets the special.
Every time.
Er, 'scuse me.
Guy over on table two's gonna have a coronary if he doesn't get a coffee.
Isn't it interesting how not one person he dealt with daily picked up on any developmental disabilities? Of course, they had limited contact with him.
No.
He was never any trouble.
What was he like as a child? Er You know, I had seven.
Jimmy was the sixth.
I remember I could sit him in front of the TV and not have to worry about him for hours.
It's hard to give each kid the attention they deserve.
Maybe he didn't get enough, but, er, when I had him, I was just so tired.
Jimmy missed a lot of school.
Why was that? He was usually an angel, but he had bad days and I had to keep him home.
Did you think of getting him tested? For what? Learning disorders.
He isn't retarded.
I'm his mother.
I would know something like that.
- When did you last speak with him? - It's been a while.
Er, I guess it was when he left home.
- You mean, when he was 18? - Maybe I'm not the best mother, but you don't know what it's like raising seven children by myself.
Did Jimmy ever have any girlfriends? No.
He never had much luck in that area.
How about friends? No.
Defence gave him an IQ test.
I got the results.
- Yea or nay? - He just missed the cut.
68.
It wouldn't be in his best interests to try hard.
It's odd.
Nothing has his writing on.
Not even a grocery list.
Interesting, but not as interesting as this.
Insatiable Bondage Sluts.
That's nice.
Charming, but not illegal, and certainly not admissible in court.
Mm-hm.
Turn it over.
Wow.
Eerily familiar, huh? Same staging as Mrs Bernstein, down to the shade of pink.
- Except the 50-year age gap.
- He didn't stage it.
Carlos and Alfonso tied her up.
That's how Jimmy found her.
- How's it goin'? - Great.
- Hey.
- What have we found? Jimmy Walp's belongings.
What do you make of that? He walked into that room, saw a tableau from this tape, got excited.
- And committed a felony.
- He misreads social cues and mimics to appear normal.
He may have thought he was expected to perform the sex act.
Whose side are you on? I think we all wanna see justice done.
He needs to be incarcerated.
The question is where.
They do send the mentally retarded to prison.
There are 250 on Death Row.
The system is slanted against them.
They tend to incriminate themselves, they're unable to assist in their own defence.
They're so eager to please, they confess to things they didn't do.
Jimmy is mildly retarded.
He did not understand the consequences of his actions.
OK.
That it? Finished here? Jimmy Walp went his entire life without being diagnosed, until now.
I find that awfully convenient.
- I find it tragic.
- We're going ahead with this.
He understands enough to be accountable.
He knows he did something wrong.
We are not losing his statement.
He maintained a job and an apartment.
Our investigation turned up no records diagnosing him as mentally retarded.
We found no conclusive evidence indicating he is.
Thank you, Detective.
Detective, books from my client's residence were entered into evidence.
You tried to cite them as proof of his reading ability.
Do you know the lengths the mentally retarded will go to disguise it? They'll pretend to read in public, parrot phrases to appear knowledgeable, wear a watch when they can't tell time.
My client spent his life fooling people into believing he is of normal intelligence.
- Is there a question here? - Your question, Mr Trask.
- Did you ask Jimmy to read out loud? - I found no reason to do that.
But you showed him his Miranda, and asked him to read it before signing? - Yes, but I also read it to him.
- Jimmy.
Do you remember talking to Detective Stabler on March 21st? - Yep.
- Did he explain your rights to you? Yep.
Can you explain what your rights are? Yeah.
You have the right to remain silent.
Anything you say can and will be held against you in a court of law.
Very good.
Now, can you explain what it means? - Those are your rights.
- But can you explain them? - I just did.
- OK.
What is a court of law? Due process? What is the role of the judge? No further questions.
Jimmy.
- Yep? - Do you know why you're here? - Yeah.
Because of Mrs Bernstein.
- Your Honour, this hearing is on the statement only.
Yes.
Counsellor, please confine your questions.
Jimmy your attorney put a lot of people on the stand today.
I know.
They presented evaluations, professional opinions and test results, all saying that you are mentally retarded.
Everyone I put on the stand says that you're not.
But nobody asked you.
Are you mentally retarded? - No.
- Your Honour, I'd like it noted that it is common for the retarded to deny their retardation.
- So noted.
- Hey! I am not retarded! Is there any way you can prove that? I can tell you what I did to Mrs Bernstein.
- Objection! - She was not dressed.
- Her hands were tied up here.
- Jimmy, don't say anything else! And she was moaning.
And it was sssso so exciting.
Your Honour I'd like to hear what he has to say.
This will be off the record.
Go ahead.
I knew what she wanted.
I'd seen it on the videos, but I had never done it before.
I got on top of her and It felt really good! And then I tried to kiss her, and I could see that, um that, um, you know, something was wrong, and I thought that maybe I did something wrong, so I tried to do, er, the, um the the CPR that I I seen on the TV.
But, you know, I guess I was doin' that wrong, too, and so I got scared.
And, um, I didn't I didn't know how to explain to anybody what happened, so I went to the bathroom and, um I was hiding in the bathroom when Stan came in, and told me that the old lady was dead.
Captain.
We should get together on a recommendation to the court when you have time.
Time? Write your report and put my name on it.
What's the difference? - What's eating you? - The guy on the stand, OK? Maybe he's retarded, maybe not.
But we're talkin' about two IQ points! He was devastated by what he did.
You saw.
No, I saw remorse.
He knew exactly what he was doing.
When I get insomnia, I think about the sociopathic killers I got sent to Attica.
I sleep like a baby.
But he's just a retarded guy that made a bad mistake.
Fine.
It's the system.
Let's just put him in some quiet place where he can read Winnie The Pooh and get hot chocolate, while Mrs Bernstein remember her? Gets a headstone.
Whatever.
OK, Jimmy, first they'll do the paperwork, get you a room, then Dr Krasnow will see you for the intake exam.
- Dr who? - Krasnow.
He's very nice.
- I've known him for years.
- Aren't you gonna stay with me? For a while, OK? No! No! Get back! Get back! No! No! Hi! I c I c I c Hi! - No! No! No! - Hi!