Law & Order (1990) s02e15 Episode Script
Trust
Narrator: In the criminal justice system, the people are represented by two separate yet equally important groups the police who investigate crime, and the district attorneys who prosecute the offenders.
These are their stories.
Oh, great.
Another citizen with hallucinations.
What the hell was this guy doing down here in the first place? Probably looking for a $10 hand wax.
Here? Let's go.
Hey! Hey, hey.
Is there anybody else in there? Watch 'em.
Kelly! It's a kid.
You got one through and through.
.
38 or heavier.
Body's into rigor mortis, but the eyes are moist.
I'd say 12 to 18 hours.
Can't be more than Let's roll him over.
Slow.
Hold it.
Student ID Bishop's Academy, Robbie Fenwick.
- 15 years old.
- Detective? Officer: It's a.
357 Magnum.
Probably tried to chuck it in the river and came up short.
Okay, bag it and work it up.
We're going to hold the kids for questioning.
You want anything from 'em now? - Is that them over there? - Yeah.
Cooperative little nose-wipes.
Which one of you is going to tell us about that dead boy in there? - Nothing to tell.
- You know him? What are you doing around here? We heard there was a body.
We just came to see.
You live around here? - Jackson Towers.
- Logan: Jackson Towers? You came all the way here 'cause you heard there was a body? Something wrong with that? Slug is a five with a right twist.
It's a Wadcutter series II.
It's a probable match to the weapon that you recovered.
I've only seen Wadcutters used in target practice.
Uh-huh.
Weapon's a Ruger Security Six.
357.
Custom Pachmayr grip, modified hammer and trigger.
This is very clean.
It's not a toy.
The owner took good care of it.
There are no live rounds in the cylinders, and only the one spent casing.
That's all it takes.
You run it through the system? A gun so loved, it had to have its very own license.
And it's Ian Maser, Do you own a Ruger Security Six.
357 Magnum pistol? I do.
It has been found at the scene of a homicide, and it's been determined that's the murder weapon.
That can't be.
I keep that gun locked in my bedside table.
This it? Yes, it is.
Does anyone else beside yourself - have access to this gun? - There's the maid.
- Cerreta: Are you married? - Divorced.
- Does anyone else live in the house with you? - There's my son.
- Cerreta: Where does he go to school? - Bishop's Academy.
But he's not there now.
He's upstairs in his room.
He's not feeling well.
Well, look, do you mind if we have a talk with him? Jaime.
Jaime.
Jaime can we ask you a few questions? If you wanted to show Robbie the gun, why did you go to the warehouse? That was his idea.
He wanted to shoot it.
Then what'd you do? Robbie had the gun.
He was aiming it around.
Then I had it.
I was holding it.
Show us how you were holding it.
About, you know, here.
Like waist height.
Did you have your finger on the trigger? I don't remember.
Logan: Where was Robbie? He was standing.
Like about where you are.
- That close? - Uh-huh.
He wanted me to give him back the gun.
I reached over, you know, like this and it went off.
Did you do anything to see if he was alive? I didn't know what to do.
He looked dead.
I freaked.
I just jammed out of there.
I didn't mean it, you know.
I really didn't.
I swear.
It just went off.
It just did.
What we're really talking about here is a scared 15-year-old.
He's not going anywhere.
I don't even see why we got to charge him.
And what do you guys suggest, sending him home with a hug and a lollipop? There was a shooting here.
Accidental or not, we gotta charge this kid with something, - I don't care how minor.
- Robinette: There's enough to support a charge of reckless endangerment.
Maybe second degree, but that's even a stretch.
Criminal possession of a weapon? We can always upgrade if necessary.
Yeah.
Mm-hmm.
The desk has Robbie Fenwick's parents on the line.
I'll take it outside.
How close are you to wrapping up? Well, we just got the crime scene report this morning.
We just have to walk it through.
Maybe a day or so.
Robbie is standing right about here.
And that means Jaime's about here with the gun.
We have an entry wound in the right temple, going out the back left.
Robbie turned his head away.
We have a wound on his right hand.
He was asking for the gun.
Well, if he was reaching for the gun, that would mean he'd have to be closer to Jaime, and there'd be powder-burns on the right hand.
According to this, there weren't any.
Which means the gun has to be at least a couple of feet away.
Yeah.
All right.
Let's put him about here.
All right, his hand has to be here.
How did he get the hand hit? Unless he's like this.
His hands are up here because he's trying to protect himself.
And if Jaime was cradling the gun down here he'd have gunshot residue on his shirt.
The tests were negative.
We'd get a higher bullet hit.
We supposed to be surprised every time somebody lies to us? Cerreta: Jaime, we took what you told us and put it alongside the physical evidence, and it just doesn't match.
For starters, you weren't standing next to Robbie when the gun went off, right? And you weren't holding the gun the way you said you were, also, right? Jaime, if there's something you want to tell us, this is the time.
It's all right.
You can talk to them.
We were playing a game.
What kind of game? Trust.
See, you aim the gun at the other guy, like you're going to shoot him, until he tells you to stop.
Until he gives.
Who's idea was this game? I don't remember.
All you want to do is let the other guy give.
You don't want to hurt him.
So what happened? I was aiming at Robbie.
I was squeezing the trigger real slow.
Didn't it occur to you that this gun might go off? No, there was no way it was going to go off.
I didn't cock the hammer before pulling the trigger.
It wasn't supposed to go off.
I mean, you have to cock the hammer first with your thumb.
Where'd you learn that? That's the way we always did it.
When we went to the range.
I swear, there was no way it was gonna go off.
- You ever fire one of these? - Never.
Strictly for competition shooters.
Oh, you have to manually cock the hammer.
- Single action.
- Right.
Now the gun is ready to fire.
You just pull the trigger, and I know you've fired one of these.
.
357 double-action revolver.
You just pull the trigger and the gun does it all for you.
It's possible the kid made a legitimate mistake.
Possible? Sure.
I don't know.
The kid takes aim.
Squeezes the trigger slowly, like he says.
- He's looking down the sight.
- If he was trained to shoot, he was trained to look down the sights.
You can't tell me he didn't notice that hammer cocking back.
He knew that gun was going to fire.
How long has Jaime been at Bishop Academy? Jaime transferred here the middle of last year.
Late transfers are never easy.
Jaime never seemed to make it over the hump.
- You mean in his studies? - He's a fair student.
The problem is, he never latched onto any peer group.
- Not one.
- Logan: Except for Robbie Fenwick.
Robbie was a bit of an outcast.
Not totally.
I had hoped he'd help Jaime assimilate.
Never happened.
You ever talk to Jaime's father? Initial interview, and one other time to ask him about Jaime's medication.
What kind of medication? His file says it's a psychiatric prescription.
Mr.
Maser downplayed the whole thing.
- Didn't go into details.
- Did he have mood swings or outbursts? Not that the teaching staff observed.
But as I said, he's a very quiet young man.
I'm not even sure how well his classmates knew him.
I got this weird vibe from him.
Sometimes he had this look, this stare.
You just knew the gears were like mashing up in his head.
Did he try to make friends? Yeah, at first.
You know, new kid at midterm.
But we've all been going to school together for years.
Nobody really had time for him.
Except for Robbie.
That guy was twisted.
Twisted? How? He was always talking about guns, and like, shooting, and getting high.
Did you ever hear Jaime talk about guns? No, that was Robbie.
That kid was always maxed out on war stuff.
Like when Bush did his thing in Iraq, Robbie was totally into it.
He knew every single weapon they had over there.
We used to call him Deuce-Deuce.
Why is that? Well, last year he showed up with this little.
22.
You know, I think his old man ended up taking it off him.
Claire found it in his dresser.
I was never able to get a straight answer as to where he got it.
The boys spend a lot of time in here? Jaime had been here a few times.
He was always polite.
He didn't talk much.
Robbie loved guns.
He was fascinated with the fact that Jaime's father was a competition shooter.
Neither of us know why or where it came from, but he just he seemed to feed off of it.
The first few months, nothing wouldn't talk to me about the new school.
When he first hooked up with Robbie, I was happy he had made a friend.
He has trouble making friends? Jaime wouldn't win any popularity contests.
He's self-reliant.
Something happen to make you change your mind about Robbie? A few months ago Jaime came to me and asked me whether he and Robbie could come to the firing range with me.
I got the impression it was Robbie's idea.
So what about the medication? What about it? Cerreta: Well, can you tell us what it was for? When did Jaime start taking it? I'd be happy to, if I didn't think I'd get my butt thrown in jail.
What? It's terms of my divorce.
It's partly why Jaime's on medication.
Would you mind telling us your ex-wife's address? But it won't do you any good.
She can't talk about it either.
You know, before the Academy, the only gun I ever shot was a Daisy BB gun.
My old man used to let me shoot a stack of newspapers in the basement.
Of course, one day I wing a pigeon, right? He flips out, throws the gun in the incinerator, makes me bring the damn bird to the vet in a shoe box on the bus.
To this day I hate pigeons.
They're rats with wings.
Well, you see, when you give a boy a gun, eventually he may go after bigger game than tin-can targets.
- That was my mother's argument.
- That's everybody's mother's argument.
Either that or, "Someone's going to get their eye put out.
" "Somebody's bound to get hurt.
" I bet Jaime's mother is no different.
I can't.
Jaime's therapy is tied to the divorce.
It's pretty much the reason we split.
You got divorced because Jaime's in therapy? No, no.
The incident that led to the therapy.
Look, you can't push me on this.
It's been sealed.
Part of the negotiated settlement was that Ian and I honor that seal.
Mrs.
Maser, a boy is dead.
All of our instincts tell us there's something we should know here.
Have you spoken to Jaime lately? It's not my time to see him.
- Terms of the divorce.
- Even under extraordinary circumstances? His father is very absolute about things.
My son and I are just getting back on track, Detective.
It's been a long time.
He doesn't really talk to me that much.
She said "sealed.
" That can mean only one thing he was in some trouble.
Wait, wait a minute.
Wait a minute.
Are you telling me the kid's juvenile record is sealed, and forbids them to talk about it as well? What the hell kind of a settlement is that? If whatever happened with Jaime was severe enough to split the family, an argument could be made both were in the kid's best interest.
That is just great.
Now we know there's something in there, and we can't look at it.
To get a court order to open a sealed record, I have to show relevance.
And I can't do that unless I know what's in the record.
This is a hell of a system we got.
With a prosecutor's judge, maybe we get lucky.
But since Jaime's a youthful offender, I doubt it.
And then we've shown our hand.
Fine, you know what? Screw the record.
Somewhere some cop had to write it up.
The Masers lived in Chelsea before the divorce.
The report's probably still in the precinct.
The seal applies to the official police files, as well as to the reports, notes and records of the investigating officer.
You think it applies to what the officer might have to say a few years later? Happened over near East River Park.
Something I never liked about that case.
What are two kids doing there with a gun? Huh? The only thing that's down there is junkies and squatters.
And the other kid ends up dead.
An accident right.
- An accident asking to happen is what I say.
- Right.
Did you keep your own notes on this case? Off the record.
Never know when you might need 'em, right? It happened when Jaime was 13.
The other kid, who's name was Graham Campbell, was 12.
It was the same thing one to the head.
The gun was a Colt Python, registered to Ian Maser.
Ruled an accident.
He told the detective on the scene he was just trying to show his friend how the gun worked.
Jaime's 13, white, middle class, no priors.
Cerreta: And here's the kicker.
He said he thought you had to cock the hammer back by hand before you could fire the gun.
- Same excuse he's selling now.
- Worked the first time.
- Why not stick with it, right? - Anything else? The two shootings were practically identical, right down to Maser Senior corroborating his son's claim - he didn't know how to work the handgun.
- This time he's lying.
We get a statement, he perjures himself.
But it goes deeper than that.
We got to start with the kid.
We all know he wanted to scare Robbie Fenwick.
We gotta prove he wanted to kill him.
He pointed a gun at somebody before, he had pulled the trigger before.
He knew the consequences.
That's not enough to prove intent? It is for everybody in this room, but legally we may not even be able to use the first shooting.
Robinette: You want to go down to man two? No, I want him at murder two.
Depraved indifference to human life.
- No need to prove intent.
- And we try him as an adult.
Cerreta: Jaime.
- Come here a minute.
- What? Come on, get in.
- Why? What for? - We're putting you under arrest.
What do you mean?! You guys said everything was gonna be fine.
- Take it easy.
- What are you guys doing here, anyway? - Just get away from me! - Logan: Do us a favor and get in the car.
Read him his freakin' rights, will you? Your Honor, it's more than outrageous.
They practically dragged the child out of the classroom.
Spare us the hyperbole, Counselor.
Your Honor, the People are informed that officers were, in fact, outside school grounds.
- 10 feet? - Defense: Given the defendant's age, and the obvious strong-arm intentions of the DA's office, we intend to ask for removal of these proceedings to Family Court.
Your Honor, the People feel that I'm aware of the defendant's age, Mr.
Barnett.
You want to make the motion, feel free, but I see nothing here to indicate why he shouldn't be tried as an adult.
Supreme Criminal to retain jurisdiction.
Defendant remanded to the custody of his father.
Our claim of diminished capacity is based on the fact that at the time of the shooting, Jaime was involuntarily intoxicated.
According to this, he was legally taking a prescribed medication under the supervision of licensed psychiatrist.
Tracon is known to have adverse reactions in certain individuals.
We can demonstrate it affected his ability to appreciate the consequences of his actions.
He had the presence of mind to lie to the investigating officers.
He had the presence of mind to hide the fact that he was involved in a prior shooting.
The prior incident is not relevant.
And I'm sure a jury will have no trouble understanding that my young client was frightened and confused.
He was under the influence of a powerful psychotropic drug.
Tracon did the shooting? I have the precedents to back it up.
Grundberg.
Petty.
Charges dismissed against a woman who shot her mother eight times? And an acquittal on a guy who stabbed his ex-wife in the heart? Neither case involved Tracon.
And unlike Mr.
Maser, the defendants did not have a previous history of reckless or violent behavior.
Come on, fellas, you're blowing smoke.
Negligent homicide, and no time.
I'm not gonna plead this down to a slap on the wrist, Dan.
More than happy to let a jury decide.
Jaime.
Have a nice day.
Nobody's responsible anymore.
You kill somebody, it's not your fault.
You're addicted to sugar, or the wrong medication, and someone should pay you a million dollars for your suffering.
Who's doing Jaime's evaluation? I'll call Olivet.
Olivet: You ever had any blackouts? What about the last time things didn't turn out the way you wanted, how'd you handle it? Did you get mad, did you yell, did you trash your room? - I just got over it.
- How about your dad? When he gets angry, does he let you know it? Yeah, I guess so.
What about with Robbie? When you were pointing the gun at him, what were you feeling? I wasn't feeling anything.
What do you think Robbie was feeling? Scared.
He felt scared.
And Graham Campbell? How about him? I don't remember.
You remember how you felt? I think you do.
You want to tell me about it? Nothing to tell.
I hear you say that, but I'm seeing something different.
Let's try something else here.
Okay.
I want you to make up a story based on the pictures I'm going to show you.
You tell me who the characters are, what they're thinking, what led up to the scene in the picture.
Okay? What's happening in this picture, Jaime? - I don't know.
- Yes, you do.
He's trying to learn the violin.
What else? He's pretty lame with it.
What about the look on his face? What about it? Do you think he'll pick it up? Do you think he'll try it? - I don't know.
- Do you think he wants to? - I think he's got to.
- Why is that? Because if he doesn't, his old man is probably going to beat the crap out of him.
Probably serves him right.
Why does it serve him right? Well, he's got to learn it, right? I don't know.
Does he? - What's the point, otherwise? - Olivet: Of what? Of taking the stupid lessons, if he's not gonna learn how to play it?! I'd say he's a psychologically abused kid with an incredibly exacting father.
Confirms what Cerreta and Logan picked up from the mother.
Abused kids follow one of two tracks.
They either identify with the victim, and place themselves in situations where they'll be victimized, or they identify with the aggressor internalize his qualities, his power, his strength.
Stone: And he became the aggressor.
And what effect did Tracon have on his behavior? It's an anti-anxiety drug.
It can affect mood, memory, any number of variables.
But my opinion is that Jaime's behavior predates administration of the drug.
Jaime exhibits repetition compulsion, a need to act out his subconscious conflict.
He wants to feel powerful.
He enjoys the fear he creates.
That's what this game with the Fenwick kid was all about.
And drug or no drug, he'll play it again the first chance he gets.
The first shooting when he was 13, that was part of the game, as well? Olivet: He became pretty agitated when I brought it up.
He was probably traumatized by the incident.
But not enough to stay away from guns.
Best thing you can do is plea it out, make residential psychiatric care a condition.
Stone: Six months of daycare? He had two years of therapy, Adam.
He knows what happens when you pull a trigger.
And he didn't care.
You cannot make the case without entering the first shooting in evidence.
No judge will allow it.
You got a sealed record there.
You got a juvenile who's the offender.
Any jury would convict this boy on the second shooting solely on the evidence from the first.
Jaime said he mistakenly shot Robbie Fenwick because he didn't know the difference between a double-action and a single-action handgun.
The Graham Campbell shooting demonstrates he'd learned that lesson two years ago when he claimed to have made the same mistake.
Take a run at Judge Markman.
Jaime Maser shooting Graham Campbell at age 13 had to have been the single most important incident in the boy's life to date.
If that act is not admitted, it allows Jaime a defense claim that's clearly fraudulent.
Your Honor, it's irrelevant.
Our defense isn't based on a claim of mistake.
Robinette: Maybe not now, but he did make the statements.
The investigating officers will testify Jaime told them he was confused on the gun.
The prior shooting should be admitted to show that statement to be a lie.
Under a technical application of Molineux, you're right.
But I have to take into account the impact the knowledge of this prior shooting will have on the jury, as I'm sure you did.
In my opinion, it's so inflammatory, so prejudicial, it will outweigh its value as evidence.
So I can't allow it to be introduced.
Jaime: Everything was in slow motion.
It was weird.
I felt like I was standing outside my body and watching.
I could see me and Robbie like in a movie.
And I wanted to see how far the trigger would go.
I wanted to see what Robbie would do.
Did he say anything to you? I don't I don't know.
It was like it was in a bubble.
I couldn't hear.
I just kept pulling the trigger, and there was this flash.
And the gun went off? I don't remember.
There was Robbie, just laying there bleeding.
It was like the movie was still going on.
I couldn't feel.
I heard this roaring sound in my ears.
I just couldn't stop watching.
No further questions.
Mr.
Stone.
No questions at this time, Your Honor.
Subject to recall.
Since its introduction, Tracon has had a favorable success rate.
But it has also generated adverse reaction reports than similar drugs.
What kind of adverse reactions, Doctor? Nervous system disturbances.
Rebound anxiety, amnesia, hostility, delusions.
It's my opinion Tracon can ignite repressed anger.
Can you offer an opinion about his emotional state at the time of the shooting? Based on his behavior since being prescribed Tracon, it's my opinion Jaime was suffering from Tracon intoxication syndrome.
Thank you, Doctor.
No further questions.
Doctor, could you describe dissociative phenomena? It's a feeling of standing outside oneself, of being a witness to something happening to you.
Stone: That sounds very similar to a symptom - of Tracon intoxication.
- Yes.
And isn't it true that victims of sexual or psychological abuse also suffer from dissociative phenomena? Yes, that's true.
Have you ever heard of repetition compulsion? - Yes.
- Would you describe it? It's the need to repeatedly act out an inner conflict.
Stone: An inner conflict that may stem from psychological abuse? Yes, possibly, but And a subject may be feeding off a surrogate figure's fear a fear that would encourage him to re-enact a situation he found pleasing once before? Your Honor, prosecution's questions seem designed to elicit information that is not admissible here.
Watch your step, Mr.
Stone.
No further questions, Your Honor.
How old were you when you first learned to shoot a handgun? I was 11.
My father taught me how to shoot his target pistol.
Is this your father's target pistol? Jaime: Yeah.
How do you fire it? Just pull the trigger? No, you have to cock the hammer first.
Would you show me? Your Honor, objection.
Overruled.
Go on, Jaime.
Okay you cock the hammer first with your thumb, and then just pull the trigger.
Is that different from this gun the one you shot Robbie with? - Yeah.
- How's it different? That one you don't have to cock the hammer first.
- You just pull the trigger.
- And how would you hold it? Who taught you to hold a gun like that? My dad.
So how did it feel pointing a gun at your friend? - It was a game.
- Oh, it was fun, right? - It was just a game.
- So, it was a game pointing a gun at your friend.
Was squeezing the trigger part of the game? - Yeah.
- Would you show me? Um Please? You testified you pulled the trigger very slowly, and the hammer came back, just like that, right? - Did you see it moving? - I don't remember.
- Robbie see it moving? He say anything? - I don't know.
- Did he say anything at all? - No.
So you went ahead and pulled the trigger like you're doing now, right? - Yeah.
- You held it on him the whole time? - Yeah.
- And how did you feel? Was that exciting? - I don't know? - And how did Robbie feel? - Was he afraid? - I don't know It went this isn't fair.
It wasn't it was just a game.
It wasn't like this.
We didn't know.
It's my medicine.
Move to strike, Your Honor.
It makes me confused! Judge: The jury will disregard.
Madam Foreman, has the jury reached a unanimous decision? Yes, we have, Your Honor.
How do you find? Foreman: On the sole count of the indictment, murder in the second degree, we find the defendant, Jaime Maser, not guilty by reason of mental defect.
Good boy.
Good job.
Thank you.
Pull everything you can on the first shooting.
Get the records unsealed.
I want to reopen the investigation.
It's a two-year-old case, Ben.
There's no statute of limitations on murder.
Adam, you heard the report.
- The kid lives on fear.
- Fine.
No one in this office walks on water.
Convicting him on the first shooting will be twice as hard as this last one.
A two-year-old case, less evidence to work with, and you can't use the fact that it matches up to the Fenwick shooting, because that shooting - has not even taken place.
- I'm open for suggestions.
- Nothing out of the parents? - No.
They're bound by the gag order on the divorce.
We know the father lied about Jaime's knowledge of guns.
Two boys dead.
Not an ounce of guilt.
- We'll find something.
- Find something? - With the case sealed? - Cerreta and Logan have notes from the first detective.
You better get walked through it, then.
Cerreta: Graham Campbell was found right here.
The position of the body indicates that he was kneeling when he was shot.
Jaime must've been somewhere about right here.
There weren't any powder-burns - on Graham's body either.
- But that was discounted.
Gullikson said it rained the day they found the body.
But assuming there was no residue to begin with That would put Jaime far enough away from Campbell to make an accident very unlikely.
Same game, same excuse.
One shot to the head, both times fired from six feet away.
Any takers on coincidence? You taught Jaime how to fire a single-action handgun when he was 12? Maser: Yes, at a firing range.
And the double-action handgun he used in the shooting two years ago, - didn't you teach him how to shoot that, too? - No.
I told you before, I only wanted him interested in target shooting.
Come on, you guys.
What is this, net fishing? It's about your client lying to protect his son.
We know he lied about Jaime's knowledge of handguns in the Fenwick shooting.
It is not unreasonable to assume he told the same lie two years earlier in the Campbell shooting.
- And? - It's a perjury, Mr.
Maser.
Class "E" felony.
Carries some time.
I don't respond to threats.
Two boys are dead.
Boys just as important as your son.
And I hold you greatly responsible, if not legally, ethically, for both those deaths.
That's one of the great things about this country.
You can believe anything you want.
It's going to take more than an E felony to leverage anything out of him.
Find out where he did his shooting two years ago.
And see if you can get us in to see Pamela Maser and her lawyer.
Here he is.
Lan Maser was a member until two years ago.
I think he moved.
His credit card receipts show he'd been coming here for six years.
Mm-hmm.
His kid was a member, too.
You give memberships to kids? It's a promotional kind of thing.
Kids like having their own membership cards.
They can't shoot unless their parents are around, anyway.
Maser bring his son in here often? I don't recall how often.
Maser kept a target pistol here.
That was his thing.
I remember him teaching the kid how to do it.
I used to hear him holler at him all the time.
Maser ever fire any other guns? I see where he started buying.
Wadcutters.
Oh, yeah.
Then he got himself a Colt Python.
That was pretty funny for a while.
- What was? - Colt's a big gun.
Seeing that young kid trying to keep a bead on the target.
I don't know.
I never had anything to do with the guns.
That was between Ian and Jaime.
Jaime never talked to you about it? He told me if he'd done well, if he'd pleased his father.
But specifically, no.
And your husband never talked about it? The guns were male business.
Lan assumed I wouldn't understand, which wasn't true, or that I didn't want to know, which was true.
Stone: Your husband and you separated not long after the first shooting incident, is that correct? Is that because of the guns? Or the shooting? Or the way your husband treats Jaime? Shaky ground, Mr.
Stone.
You know that information is sealed.
What I know, sealed or not, is that two boys are dead, and your son may or may not have been irreparably damaged by his relationship with his father.
I think you know, as well as I do, that no matter what the settlement or the financial support, it can't be anywhere near worth it.
Pamela: Lan wasn't an easy man to live with.
Things were his way or no way.
And if they weren't his way, Jaime or I paid for it.
After Graham Campbell was shot, things got way out of hand.
Out of hand? Anything would set Ian off.
Anything.
Jaime was out of control.
Lan and I separated, and Jaime came to live with me.
He started taking things out on me, too.
He started acting like his father.
In what way? He threatened me.
With what? A gun.
Stone: And did you keep a gun in the apartment? No, it was one of Ian's.
I don't know if it was loaded or not.
He pointed it at me.
I must have looked blank, or something.
He said "You don't believe I'd do it, do you? Graham didn't believe me, either.
" You can't imagine what it's like to be afraid of your own son.
"You don't believe I'd do it," and "Graham didn't believe it, either.
" Do you understand what Jaime meant by that? Graham didn't believe Jaime would shoot him.
Did you believe he'd shoot you? I did.
Now, under the terms of your divorce settlement, you have been forbidden to make any mention of the Graham Campbell incident.
- Is that true? - Yes.
And yet here you are, testifying in court.
Why is that? I gave up everything.
I gave up custody of my son.
And now I'm forfeiting any financial settlement by testifying.
The only condition I put on the divorce was that Jaime receive therapy to help him deal with the shooting and his subsequent behavior.
Obviously, that hasn't been enough.
A second boy is dead, and I couldn't live with myself if I let that go by and did nothing about it.
Are you aware of the consequences of your testifying today? I know that Jaime could go to Spofford Juvenile Hall.
And after that, maybe prison.
I just Leaving him with his father just doesn't seem right now.
Jaime never fired that gun.
Earlier we heard testimony from the owner of the Greenpoint Firing Range that he saw you teach Jaime to shoot a Colt Python.
357.
Now, why would he fabricate a story like that? I was in the booth with my son.
I know which gun he used.
This is an individual who has nothing to gain from lying about seeing your son shoot a.
357.
Why would he concoct a very specific memory about a small boy firing a gun too big for him to shoot? I can't address thin motives.
- What about your own? - Objection.
Sustained.
I have no further questions.
I know my son would not willfully kill that boy.
I taught him right from wrong.
- Mr.
Maser.
- I am his father.
Everything he learned, everything he is Judge: Mr.
Maser.
You may step down.
On the sole count of the indictment, murder in the second degree, how does the jury find? We find the defendant, Jaime Maser, guilty.
Jaime.
We didn't have a lot of choices.
I'm sure Pamela Maser is turning herself around with that same thought.
She's tough.
Maybe.
Or maybe she just gave in and did the inevitable.
Think you could have done it? Give up my child? Not without ripping myself in half I couldn't.
These are their stories.
Oh, great.
Another citizen with hallucinations.
What the hell was this guy doing down here in the first place? Probably looking for a $10 hand wax.
Here? Let's go.
Hey! Hey, hey.
Is there anybody else in there? Watch 'em.
Kelly! It's a kid.
You got one through and through.
.
38 or heavier.
Body's into rigor mortis, but the eyes are moist.
I'd say 12 to 18 hours.
Can't be more than Let's roll him over.
Slow.
Hold it.
Student ID Bishop's Academy, Robbie Fenwick.
- 15 years old.
- Detective? Officer: It's a.
357 Magnum.
Probably tried to chuck it in the river and came up short.
Okay, bag it and work it up.
We're going to hold the kids for questioning.
You want anything from 'em now? - Is that them over there? - Yeah.
Cooperative little nose-wipes.
Which one of you is going to tell us about that dead boy in there? - Nothing to tell.
- You know him? What are you doing around here? We heard there was a body.
We just came to see.
You live around here? - Jackson Towers.
- Logan: Jackson Towers? You came all the way here 'cause you heard there was a body? Something wrong with that? Slug is a five with a right twist.
It's a Wadcutter series II.
It's a probable match to the weapon that you recovered.
I've only seen Wadcutters used in target practice.
Uh-huh.
Weapon's a Ruger Security Six.
357.
Custom Pachmayr grip, modified hammer and trigger.
This is very clean.
It's not a toy.
The owner took good care of it.
There are no live rounds in the cylinders, and only the one spent casing.
That's all it takes.
You run it through the system? A gun so loved, it had to have its very own license.
And it's Ian Maser, Do you own a Ruger Security Six.
357 Magnum pistol? I do.
It has been found at the scene of a homicide, and it's been determined that's the murder weapon.
That can't be.
I keep that gun locked in my bedside table.
This it? Yes, it is.
Does anyone else beside yourself - have access to this gun? - There's the maid.
- Cerreta: Are you married? - Divorced.
- Does anyone else live in the house with you? - There's my son.
- Cerreta: Where does he go to school? - Bishop's Academy.
But he's not there now.
He's upstairs in his room.
He's not feeling well.
Well, look, do you mind if we have a talk with him? Jaime.
Jaime.
Jaime can we ask you a few questions? If you wanted to show Robbie the gun, why did you go to the warehouse? That was his idea.
He wanted to shoot it.
Then what'd you do? Robbie had the gun.
He was aiming it around.
Then I had it.
I was holding it.
Show us how you were holding it.
About, you know, here.
Like waist height.
Did you have your finger on the trigger? I don't remember.
Logan: Where was Robbie? He was standing.
Like about where you are.
- That close? - Uh-huh.
He wanted me to give him back the gun.
I reached over, you know, like this and it went off.
Did you do anything to see if he was alive? I didn't know what to do.
He looked dead.
I freaked.
I just jammed out of there.
I didn't mean it, you know.
I really didn't.
I swear.
It just went off.
It just did.
What we're really talking about here is a scared 15-year-old.
He's not going anywhere.
I don't even see why we got to charge him.
And what do you guys suggest, sending him home with a hug and a lollipop? There was a shooting here.
Accidental or not, we gotta charge this kid with something, - I don't care how minor.
- Robinette: There's enough to support a charge of reckless endangerment.
Maybe second degree, but that's even a stretch.
Criminal possession of a weapon? We can always upgrade if necessary.
Yeah.
Mm-hmm.
The desk has Robbie Fenwick's parents on the line.
I'll take it outside.
How close are you to wrapping up? Well, we just got the crime scene report this morning.
We just have to walk it through.
Maybe a day or so.
Robbie is standing right about here.
And that means Jaime's about here with the gun.
We have an entry wound in the right temple, going out the back left.
Robbie turned his head away.
We have a wound on his right hand.
He was asking for the gun.
Well, if he was reaching for the gun, that would mean he'd have to be closer to Jaime, and there'd be powder-burns on the right hand.
According to this, there weren't any.
Which means the gun has to be at least a couple of feet away.
Yeah.
All right.
Let's put him about here.
All right, his hand has to be here.
How did he get the hand hit? Unless he's like this.
His hands are up here because he's trying to protect himself.
And if Jaime was cradling the gun down here he'd have gunshot residue on his shirt.
The tests were negative.
We'd get a higher bullet hit.
We supposed to be surprised every time somebody lies to us? Cerreta: Jaime, we took what you told us and put it alongside the physical evidence, and it just doesn't match.
For starters, you weren't standing next to Robbie when the gun went off, right? And you weren't holding the gun the way you said you were, also, right? Jaime, if there's something you want to tell us, this is the time.
It's all right.
You can talk to them.
We were playing a game.
What kind of game? Trust.
See, you aim the gun at the other guy, like you're going to shoot him, until he tells you to stop.
Until he gives.
Who's idea was this game? I don't remember.
All you want to do is let the other guy give.
You don't want to hurt him.
So what happened? I was aiming at Robbie.
I was squeezing the trigger real slow.
Didn't it occur to you that this gun might go off? No, there was no way it was going to go off.
I didn't cock the hammer before pulling the trigger.
It wasn't supposed to go off.
I mean, you have to cock the hammer first with your thumb.
Where'd you learn that? That's the way we always did it.
When we went to the range.
I swear, there was no way it was gonna go off.
- You ever fire one of these? - Never.
Strictly for competition shooters.
Oh, you have to manually cock the hammer.
- Single action.
- Right.
Now the gun is ready to fire.
You just pull the trigger, and I know you've fired one of these.
.
357 double-action revolver.
You just pull the trigger and the gun does it all for you.
It's possible the kid made a legitimate mistake.
Possible? Sure.
I don't know.
The kid takes aim.
Squeezes the trigger slowly, like he says.
- He's looking down the sight.
- If he was trained to shoot, he was trained to look down the sights.
You can't tell me he didn't notice that hammer cocking back.
He knew that gun was going to fire.
How long has Jaime been at Bishop Academy? Jaime transferred here the middle of last year.
Late transfers are never easy.
Jaime never seemed to make it over the hump.
- You mean in his studies? - He's a fair student.
The problem is, he never latched onto any peer group.
- Not one.
- Logan: Except for Robbie Fenwick.
Robbie was a bit of an outcast.
Not totally.
I had hoped he'd help Jaime assimilate.
Never happened.
You ever talk to Jaime's father? Initial interview, and one other time to ask him about Jaime's medication.
What kind of medication? His file says it's a psychiatric prescription.
Mr.
Maser downplayed the whole thing.
- Didn't go into details.
- Did he have mood swings or outbursts? Not that the teaching staff observed.
But as I said, he's a very quiet young man.
I'm not even sure how well his classmates knew him.
I got this weird vibe from him.
Sometimes he had this look, this stare.
You just knew the gears were like mashing up in his head.
Did he try to make friends? Yeah, at first.
You know, new kid at midterm.
But we've all been going to school together for years.
Nobody really had time for him.
Except for Robbie.
That guy was twisted.
Twisted? How? He was always talking about guns, and like, shooting, and getting high.
Did you ever hear Jaime talk about guns? No, that was Robbie.
That kid was always maxed out on war stuff.
Like when Bush did his thing in Iraq, Robbie was totally into it.
He knew every single weapon they had over there.
We used to call him Deuce-Deuce.
Why is that? Well, last year he showed up with this little.
22.
You know, I think his old man ended up taking it off him.
Claire found it in his dresser.
I was never able to get a straight answer as to where he got it.
The boys spend a lot of time in here? Jaime had been here a few times.
He was always polite.
He didn't talk much.
Robbie loved guns.
He was fascinated with the fact that Jaime's father was a competition shooter.
Neither of us know why or where it came from, but he just he seemed to feed off of it.
The first few months, nothing wouldn't talk to me about the new school.
When he first hooked up with Robbie, I was happy he had made a friend.
He has trouble making friends? Jaime wouldn't win any popularity contests.
He's self-reliant.
Something happen to make you change your mind about Robbie? A few months ago Jaime came to me and asked me whether he and Robbie could come to the firing range with me.
I got the impression it was Robbie's idea.
So what about the medication? What about it? Cerreta: Well, can you tell us what it was for? When did Jaime start taking it? I'd be happy to, if I didn't think I'd get my butt thrown in jail.
What? It's terms of my divorce.
It's partly why Jaime's on medication.
Would you mind telling us your ex-wife's address? But it won't do you any good.
She can't talk about it either.
You know, before the Academy, the only gun I ever shot was a Daisy BB gun.
My old man used to let me shoot a stack of newspapers in the basement.
Of course, one day I wing a pigeon, right? He flips out, throws the gun in the incinerator, makes me bring the damn bird to the vet in a shoe box on the bus.
To this day I hate pigeons.
They're rats with wings.
Well, you see, when you give a boy a gun, eventually he may go after bigger game than tin-can targets.
- That was my mother's argument.
- That's everybody's mother's argument.
Either that or, "Someone's going to get their eye put out.
" "Somebody's bound to get hurt.
" I bet Jaime's mother is no different.
I can't.
Jaime's therapy is tied to the divorce.
It's pretty much the reason we split.
You got divorced because Jaime's in therapy? No, no.
The incident that led to the therapy.
Look, you can't push me on this.
It's been sealed.
Part of the negotiated settlement was that Ian and I honor that seal.
Mrs.
Maser, a boy is dead.
All of our instincts tell us there's something we should know here.
Have you spoken to Jaime lately? It's not my time to see him.
- Terms of the divorce.
- Even under extraordinary circumstances? His father is very absolute about things.
My son and I are just getting back on track, Detective.
It's been a long time.
He doesn't really talk to me that much.
She said "sealed.
" That can mean only one thing he was in some trouble.
Wait, wait a minute.
Wait a minute.
Are you telling me the kid's juvenile record is sealed, and forbids them to talk about it as well? What the hell kind of a settlement is that? If whatever happened with Jaime was severe enough to split the family, an argument could be made both were in the kid's best interest.
That is just great.
Now we know there's something in there, and we can't look at it.
To get a court order to open a sealed record, I have to show relevance.
And I can't do that unless I know what's in the record.
This is a hell of a system we got.
With a prosecutor's judge, maybe we get lucky.
But since Jaime's a youthful offender, I doubt it.
And then we've shown our hand.
Fine, you know what? Screw the record.
Somewhere some cop had to write it up.
The Masers lived in Chelsea before the divorce.
The report's probably still in the precinct.
The seal applies to the official police files, as well as to the reports, notes and records of the investigating officer.
You think it applies to what the officer might have to say a few years later? Happened over near East River Park.
Something I never liked about that case.
What are two kids doing there with a gun? Huh? The only thing that's down there is junkies and squatters.
And the other kid ends up dead.
An accident right.
- An accident asking to happen is what I say.
- Right.
Did you keep your own notes on this case? Off the record.
Never know when you might need 'em, right? It happened when Jaime was 13.
The other kid, who's name was Graham Campbell, was 12.
It was the same thing one to the head.
The gun was a Colt Python, registered to Ian Maser.
Ruled an accident.
He told the detective on the scene he was just trying to show his friend how the gun worked.
Jaime's 13, white, middle class, no priors.
Cerreta: And here's the kicker.
He said he thought you had to cock the hammer back by hand before you could fire the gun.
- Same excuse he's selling now.
- Worked the first time.
- Why not stick with it, right? - Anything else? The two shootings were practically identical, right down to Maser Senior corroborating his son's claim - he didn't know how to work the handgun.
- This time he's lying.
We get a statement, he perjures himself.
But it goes deeper than that.
We got to start with the kid.
We all know he wanted to scare Robbie Fenwick.
We gotta prove he wanted to kill him.
He pointed a gun at somebody before, he had pulled the trigger before.
He knew the consequences.
That's not enough to prove intent? It is for everybody in this room, but legally we may not even be able to use the first shooting.
Robinette: You want to go down to man two? No, I want him at murder two.
Depraved indifference to human life.
- No need to prove intent.
- And we try him as an adult.
Cerreta: Jaime.
- Come here a minute.
- What? Come on, get in.
- Why? What for? - We're putting you under arrest.
What do you mean?! You guys said everything was gonna be fine.
- Take it easy.
- What are you guys doing here, anyway? - Just get away from me! - Logan: Do us a favor and get in the car.
Read him his freakin' rights, will you? Your Honor, it's more than outrageous.
They practically dragged the child out of the classroom.
Spare us the hyperbole, Counselor.
Your Honor, the People are informed that officers were, in fact, outside school grounds.
- 10 feet? - Defense: Given the defendant's age, and the obvious strong-arm intentions of the DA's office, we intend to ask for removal of these proceedings to Family Court.
Your Honor, the People feel that I'm aware of the defendant's age, Mr.
Barnett.
You want to make the motion, feel free, but I see nothing here to indicate why he shouldn't be tried as an adult.
Supreme Criminal to retain jurisdiction.
Defendant remanded to the custody of his father.
Our claim of diminished capacity is based on the fact that at the time of the shooting, Jaime was involuntarily intoxicated.
According to this, he was legally taking a prescribed medication under the supervision of licensed psychiatrist.
Tracon is known to have adverse reactions in certain individuals.
We can demonstrate it affected his ability to appreciate the consequences of his actions.
He had the presence of mind to lie to the investigating officers.
He had the presence of mind to hide the fact that he was involved in a prior shooting.
The prior incident is not relevant.
And I'm sure a jury will have no trouble understanding that my young client was frightened and confused.
He was under the influence of a powerful psychotropic drug.
Tracon did the shooting? I have the precedents to back it up.
Grundberg.
Petty.
Charges dismissed against a woman who shot her mother eight times? And an acquittal on a guy who stabbed his ex-wife in the heart? Neither case involved Tracon.
And unlike Mr.
Maser, the defendants did not have a previous history of reckless or violent behavior.
Come on, fellas, you're blowing smoke.
Negligent homicide, and no time.
I'm not gonna plead this down to a slap on the wrist, Dan.
More than happy to let a jury decide.
Jaime.
Have a nice day.
Nobody's responsible anymore.
You kill somebody, it's not your fault.
You're addicted to sugar, or the wrong medication, and someone should pay you a million dollars for your suffering.
Who's doing Jaime's evaluation? I'll call Olivet.
Olivet: You ever had any blackouts? What about the last time things didn't turn out the way you wanted, how'd you handle it? Did you get mad, did you yell, did you trash your room? - I just got over it.
- How about your dad? When he gets angry, does he let you know it? Yeah, I guess so.
What about with Robbie? When you were pointing the gun at him, what were you feeling? I wasn't feeling anything.
What do you think Robbie was feeling? Scared.
He felt scared.
And Graham Campbell? How about him? I don't remember.
You remember how you felt? I think you do.
You want to tell me about it? Nothing to tell.
I hear you say that, but I'm seeing something different.
Let's try something else here.
Okay.
I want you to make up a story based on the pictures I'm going to show you.
You tell me who the characters are, what they're thinking, what led up to the scene in the picture.
Okay? What's happening in this picture, Jaime? - I don't know.
- Yes, you do.
He's trying to learn the violin.
What else? He's pretty lame with it.
What about the look on his face? What about it? Do you think he'll pick it up? Do you think he'll try it? - I don't know.
- Do you think he wants to? - I think he's got to.
- Why is that? Because if he doesn't, his old man is probably going to beat the crap out of him.
Probably serves him right.
Why does it serve him right? Well, he's got to learn it, right? I don't know.
Does he? - What's the point, otherwise? - Olivet: Of what? Of taking the stupid lessons, if he's not gonna learn how to play it?! I'd say he's a psychologically abused kid with an incredibly exacting father.
Confirms what Cerreta and Logan picked up from the mother.
Abused kids follow one of two tracks.
They either identify with the victim, and place themselves in situations where they'll be victimized, or they identify with the aggressor internalize his qualities, his power, his strength.
Stone: And he became the aggressor.
And what effect did Tracon have on his behavior? It's an anti-anxiety drug.
It can affect mood, memory, any number of variables.
But my opinion is that Jaime's behavior predates administration of the drug.
Jaime exhibits repetition compulsion, a need to act out his subconscious conflict.
He wants to feel powerful.
He enjoys the fear he creates.
That's what this game with the Fenwick kid was all about.
And drug or no drug, he'll play it again the first chance he gets.
The first shooting when he was 13, that was part of the game, as well? Olivet: He became pretty agitated when I brought it up.
He was probably traumatized by the incident.
But not enough to stay away from guns.
Best thing you can do is plea it out, make residential psychiatric care a condition.
Stone: Six months of daycare? He had two years of therapy, Adam.
He knows what happens when you pull a trigger.
And he didn't care.
You cannot make the case without entering the first shooting in evidence.
No judge will allow it.
You got a sealed record there.
You got a juvenile who's the offender.
Any jury would convict this boy on the second shooting solely on the evidence from the first.
Jaime said he mistakenly shot Robbie Fenwick because he didn't know the difference between a double-action and a single-action handgun.
The Graham Campbell shooting demonstrates he'd learned that lesson two years ago when he claimed to have made the same mistake.
Take a run at Judge Markman.
Jaime Maser shooting Graham Campbell at age 13 had to have been the single most important incident in the boy's life to date.
If that act is not admitted, it allows Jaime a defense claim that's clearly fraudulent.
Your Honor, it's irrelevant.
Our defense isn't based on a claim of mistake.
Robinette: Maybe not now, but he did make the statements.
The investigating officers will testify Jaime told them he was confused on the gun.
The prior shooting should be admitted to show that statement to be a lie.
Under a technical application of Molineux, you're right.
But I have to take into account the impact the knowledge of this prior shooting will have on the jury, as I'm sure you did.
In my opinion, it's so inflammatory, so prejudicial, it will outweigh its value as evidence.
So I can't allow it to be introduced.
Jaime: Everything was in slow motion.
It was weird.
I felt like I was standing outside my body and watching.
I could see me and Robbie like in a movie.
And I wanted to see how far the trigger would go.
I wanted to see what Robbie would do.
Did he say anything to you? I don't I don't know.
It was like it was in a bubble.
I couldn't hear.
I just kept pulling the trigger, and there was this flash.
And the gun went off? I don't remember.
There was Robbie, just laying there bleeding.
It was like the movie was still going on.
I couldn't feel.
I heard this roaring sound in my ears.
I just couldn't stop watching.
No further questions.
Mr.
Stone.
No questions at this time, Your Honor.
Subject to recall.
Since its introduction, Tracon has had a favorable success rate.
But it has also generated adverse reaction reports than similar drugs.
What kind of adverse reactions, Doctor? Nervous system disturbances.
Rebound anxiety, amnesia, hostility, delusions.
It's my opinion Tracon can ignite repressed anger.
Can you offer an opinion about his emotional state at the time of the shooting? Based on his behavior since being prescribed Tracon, it's my opinion Jaime was suffering from Tracon intoxication syndrome.
Thank you, Doctor.
No further questions.
Doctor, could you describe dissociative phenomena? It's a feeling of standing outside oneself, of being a witness to something happening to you.
Stone: That sounds very similar to a symptom - of Tracon intoxication.
- Yes.
And isn't it true that victims of sexual or psychological abuse also suffer from dissociative phenomena? Yes, that's true.
Have you ever heard of repetition compulsion? - Yes.
- Would you describe it? It's the need to repeatedly act out an inner conflict.
Stone: An inner conflict that may stem from psychological abuse? Yes, possibly, but And a subject may be feeding off a surrogate figure's fear a fear that would encourage him to re-enact a situation he found pleasing once before? Your Honor, prosecution's questions seem designed to elicit information that is not admissible here.
Watch your step, Mr.
Stone.
No further questions, Your Honor.
How old were you when you first learned to shoot a handgun? I was 11.
My father taught me how to shoot his target pistol.
Is this your father's target pistol? Jaime: Yeah.
How do you fire it? Just pull the trigger? No, you have to cock the hammer first.
Would you show me? Your Honor, objection.
Overruled.
Go on, Jaime.
Okay you cock the hammer first with your thumb, and then just pull the trigger.
Is that different from this gun the one you shot Robbie with? - Yeah.
- How's it different? That one you don't have to cock the hammer first.
- You just pull the trigger.
- And how would you hold it? Who taught you to hold a gun like that? My dad.
So how did it feel pointing a gun at your friend? - It was a game.
- Oh, it was fun, right? - It was just a game.
- So, it was a game pointing a gun at your friend.
Was squeezing the trigger part of the game? - Yeah.
- Would you show me? Um Please? You testified you pulled the trigger very slowly, and the hammer came back, just like that, right? - Did you see it moving? - I don't remember.
- Robbie see it moving? He say anything? - I don't know.
- Did he say anything at all? - No.
So you went ahead and pulled the trigger like you're doing now, right? - Yeah.
- You held it on him the whole time? - Yeah.
- And how did you feel? Was that exciting? - I don't know? - And how did Robbie feel? - Was he afraid? - I don't know It went this isn't fair.
It wasn't it was just a game.
It wasn't like this.
We didn't know.
It's my medicine.
Move to strike, Your Honor.
It makes me confused! Judge: The jury will disregard.
Madam Foreman, has the jury reached a unanimous decision? Yes, we have, Your Honor.
How do you find? Foreman: On the sole count of the indictment, murder in the second degree, we find the defendant, Jaime Maser, not guilty by reason of mental defect.
Good boy.
Good job.
Thank you.
Pull everything you can on the first shooting.
Get the records unsealed.
I want to reopen the investigation.
It's a two-year-old case, Ben.
There's no statute of limitations on murder.
Adam, you heard the report.
- The kid lives on fear.
- Fine.
No one in this office walks on water.
Convicting him on the first shooting will be twice as hard as this last one.
A two-year-old case, less evidence to work with, and you can't use the fact that it matches up to the Fenwick shooting, because that shooting - has not even taken place.
- I'm open for suggestions.
- Nothing out of the parents? - No.
They're bound by the gag order on the divorce.
We know the father lied about Jaime's knowledge of guns.
Two boys dead.
Not an ounce of guilt.
- We'll find something.
- Find something? - With the case sealed? - Cerreta and Logan have notes from the first detective.
You better get walked through it, then.
Cerreta: Graham Campbell was found right here.
The position of the body indicates that he was kneeling when he was shot.
Jaime must've been somewhere about right here.
There weren't any powder-burns - on Graham's body either.
- But that was discounted.
Gullikson said it rained the day they found the body.
But assuming there was no residue to begin with That would put Jaime far enough away from Campbell to make an accident very unlikely.
Same game, same excuse.
One shot to the head, both times fired from six feet away.
Any takers on coincidence? You taught Jaime how to fire a single-action handgun when he was 12? Maser: Yes, at a firing range.
And the double-action handgun he used in the shooting two years ago, - didn't you teach him how to shoot that, too? - No.
I told you before, I only wanted him interested in target shooting.
Come on, you guys.
What is this, net fishing? It's about your client lying to protect his son.
We know he lied about Jaime's knowledge of handguns in the Fenwick shooting.
It is not unreasonable to assume he told the same lie two years earlier in the Campbell shooting.
- And? - It's a perjury, Mr.
Maser.
Class "E" felony.
Carries some time.
I don't respond to threats.
Two boys are dead.
Boys just as important as your son.
And I hold you greatly responsible, if not legally, ethically, for both those deaths.
That's one of the great things about this country.
You can believe anything you want.
It's going to take more than an E felony to leverage anything out of him.
Find out where he did his shooting two years ago.
And see if you can get us in to see Pamela Maser and her lawyer.
Here he is.
Lan Maser was a member until two years ago.
I think he moved.
His credit card receipts show he'd been coming here for six years.
Mm-hmm.
His kid was a member, too.
You give memberships to kids? It's a promotional kind of thing.
Kids like having their own membership cards.
They can't shoot unless their parents are around, anyway.
Maser bring his son in here often? I don't recall how often.
Maser kept a target pistol here.
That was his thing.
I remember him teaching the kid how to do it.
I used to hear him holler at him all the time.
Maser ever fire any other guns? I see where he started buying.
Wadcutters.
Oh, yeah.
Then he got himself a Colt Python.
That was pretty funny for a while.
- What was? - Colt's a big gun.
Seeing that young kid trying to keep a bead on the target.
I don't know.
I never had anything to do with the guns.
That was between Ian and Jaime.
Jaime never talked to you about it? He told me if he'd done well, if he'd pleased his father.
But specifically, no.
And your husband never talked about it? The guns were male business.
Lan assumed I wouldn't understand, which wasn't true, or that I didn't want to know, which was true.
Stone: Your husband and you separated not long after the first shooting incident, is that correct? Is that because of the guns? Or the shooting? Or the way your husband treats Jaime? Shaky ground, Mr.
Stone.
You know that information is sealed.
What I know, sealed or not, is that two boys are dead, and your son may or may not have been irreparably damaged by his relationship with his father.
I think you know, as well as I do, that no matter what the settlement or the financial support, it can't be anywhere near worth it.
Pamela: Lan wasn't an easy man to live with.
Things were his way or no way.
And if they weren't his way, Jaime or I paid for it.
After Graham Campbell was shot, things got way out of hand.
Out of hand? Anything would set Ian off.
Anything.
Jaime was out of control.
Lan and I separated, and Jaime came to live with me.
He started taking things out on me, too.
He started acting like his father.
In what way? He threatened me.
With what? A gun.
Stone: And did you keep a gun in the apartment? No, it was one of Ian's.
I don't know if it was loaded or not.
He pointed it at me.
I must have looked blank, or something.
He said "You don't believe I'd do it, do you? Graham didn't believe me, either.
" You can't imagine what it's like to be afraid of your own son.
"You don't believe I'd do it," and "Graham didn't believe it, either.
" Do you understand what Jaime meant by that? Graham didn't believe Jaime would shoot him.
Did you believe he'd shoot you? I did.
Now, under the terms of your divorce settlement, you have been forbidden to make any mention of the Graham Campbell incident.
- Is that true? - Yes.
And yet here you are, testifying in court.
Why is that? I gave up everything.
I gave up custody of my son.
And now I'm forfeiting any financial settlement by testifying.
The only condition I put on the divorce was that Jaime receive therapy to help him deal with the shooting and his subsequent behavior.
Obviously, that hasn't been enough.
A second boy is dead, and I couldn't live with myself if I let that go by and did nothing about it.
Are you aware of the consequences of your testifying today? I know that Jaime could go to Spofford Juvenile Hall.
And after that, maybe prison.
I just Leaving him with his father just doesn't seem right now.
Jaime never fired that gun.
Earlier we heard testimony from the owner of the Greenpoint Firing Range that he saw you teach Jaime to shoot a Colt Python.
357.
Now, why would he fabricate a story like that? I was in the booth with my son.
I know which gun he used.
This is an individual who has nothing to gain from lying about seeing your son shoot a.
357.
Why would he concoct a very specific memory about a small boy firing a gun too big for him to shoot? I can't address thin motives.
- What about your own? - Objection.
Sustained.
I have no further questions.
I know my son would not willfully kill that boy.
I taught him right from wrong.
- Mr.
Maser.
- I am his father.
Everything he learned, everything he is Judge: Mr.
Maser.
You may step down.
On the sole count of the indictment, murder in the second degree, how does the jury find? We find the defendant, Jaime Maser, guilty.
Jaime.
We didn't have a lot of choices.
I'm sure Pamela Maser is turning herself around with that same thought.
She's tough.
Maybe.
Or maybe she just gave in and did the inevitable.
Think you could have done it? Give up my child? Not without ripping myself in half I couldn't.