Cold Case s03e09 Episode Script

The following story is fictional and does not depict any actual person or event.
August 28, 1965 Are you ready? Here it goes, here it goes! Vivian, run! I'm gonna get you, I'm gonna get you! Oh, here she comes! Go higher, go higher.
Coming in for a landing! It's a perfect day.
But now we should think about heading back.
But I don't wanna go home.
It's getting late, Vivian.
Why can't we just stay here forever? OK, close your eyes.
Come on.
OK, listen really really hard.
Do you hear the ocean? Now look but don't open your eyes.
Can you see it? It'll always be here for you.
No one can ever take it away.
'Cause it'll always be right in here.
Forever.
Our perfect day.
Forever? And ever.
Some bum out fishin' this morning got a bite.
Floater in the water? A hand from the river bottom.
That's the way to jump start the A.
M.
It was a kid.
Female, probably white, Been under for maybe decades.
Cause of death? Too early to tell but she's got crushed vertebrae in the neck area, shattered skull, and check this out.
Two breaks, radius and ulna.
Forearm bones.
Overkill? These are old wounds, healed over.
Someone abusin' her? Takes some kind of rage breakin' a kid's arm in two places.
Some kind of monster.
I'd like to meet whoever's responsible face to face.
Hearin' you loud and clear, boss.
Doer better still be out there.
Kind of job you hate the most to catch, but worth the most to close.
Miller.
Oh, crap.
I'm tryin' to quit.
Yeah? How's that going for you? I do it twenty times a day, I figure one time's gotta stick.
I want you to know I appreciate your contibution on the last job.
Glad to be of service.
Good group of folks you got over there.
Ever consider joinin'? Homicide? You makin' me an offer? You got reservations? Because of Fishtown? You heard about that, huh? Fellow cop gets shot, word gets out.
Well, anyway, uh, I made my peace with that, it's just some scheduled stuff I gotta look at.
Anything I need to know about? Nothin' I can't handle.
So you'll get back to me.
Definitely.
Thanks Lieutenant.
According to the lab, baby Jane Doe's been at the bottom of this river for forty-some years.
Puttin' her murder some time in the 60's.
But from '60 to '69 we got no missing persons report of a 3 to 5 year old white female.
What kind of family doesn't report their kid missing? The kind of family that kills their kid? Maybe we check DHS's child abuse unit records.
Kid's doctor might've reported that broken arm.
There was no Child Abuse Unit back then.
Docs weren't trained to recognize abuse, no one was.
Like this would've fallen through the cracks easy.
And we got another boy in the box.
No one ever came forward to claim him.
Back then they didn't have facial reconstuction technology.
We do.
So we create a picture of what the victim could have looked like off the skull.
Put this picture in circulation, maybe an old neighbor or family member recognizes baby Jane Doe.
Needle in a haystack but I might've tracked your victim's fractures.
Two breaks on the forearm, real unique injury, right? Same kind of breaks were treated at St.
Boniface's emergency room circa 1965.
Did it say who the victim was? Vivian Smith, age 4, white female.
Doc who treated her, still alive and kickin'.
Yes, that's my signature.
I was in my first year of residency in '65.
Do you remember that patient Dr.
Greys? Vivian Smith, 4 years old, white female.
Multiple fractures to the radius, ulna.
Yes.
I remember her.
First time I realized how little I could do for children like that.
What d'you mean? I patch 'em up, send them home untill the next time.
We think she was killed shortly after you treated her.
Any idea who might've been responsible? Mom.
She brought her in.
A local waitress from what I can remember.
Is there a father in the picture? According to this, Mom kept insisting she dropped her kid.
It just happened so fast, I was holding her and then next thing you know, I dropped her.
Dropped her, huh? How'd that happen? You dropping her? Silly me, I think I need glasses.
See my eyes they don't work so hot and I just keep dropping things.
Your daughter has spiral fractures.
It's caused when you take a child's arm and snap it.
Take her away.
Excuse me? She's better off without me.
What about your mother's? Or a relative's? I don't have anyone.
Please, just take her away before it's too late.
I can't just take your kid.
You wanna get those eyes looked at.
Sign for your daughter here.
So Mom was trying to save the kid from herself? There was nothing I could do.
Child abuse wasn't even a concept in '65.
Anyway Mom gave us a false name.
How did you know that? Hospital bill came back a week later.
No known recipient.
No known address.
You said she was a local girl? A waitress? Car-hop kind of uniform? That's what it looked like.
The only car-hop in Philly is Milt's Burger Joint.
Thurman Street.
Best cheese fries in town.
Place was a car-hop back in '65.
You worked here as a waitress, Madi? Scrimped and saved my tips for years 'til I could call this armpit my home.
You remeber another waitress? Had a daughter 4 years old.
Kid might've had a cast on her arm.
Sure.
Cindysomething.
I don't recall her last name.
Well maybe we'll have a talk with the former owner.
Good luck.
Cheap pervert took a nose dive into his cheese fries 10 years back.
What do you remember about this Cindy? Restless skittish kind of gal.
The type who had it all.
Great husband, great kid.
Wanted nothing to do with 'em.
She was married? Met her husband once.
Heart of gold type, but her, something was rotten up in the old spaghetti factory.
You get used to it honey.
How much money does it take to - run away? - Run away? What would you want to run away for, honey? Don't you have a family? I'm a bad mother.
Oh, you don't mean that now.
Sometimes I think my only way out is when one of them dies.
Sweetheart? What are you doing here, Roger? Why aren't you at work? - I went to see my girls.
- Mommy, mommy! Look what daddy got me! Oh, Vivian, she's beautiful.
I got a white paw just like Snowflake.
Stay in the car sweetie, let Mommy and Daddy talk.
She's gonna be OK, Cindy.
How can you say that? The most important thing is that we work this out.
As a family.
- I can't.
- You're her Mommy.
Nothing's ever gonna change that.
She needs you.
I need you.
Had that man wrapped around her little finger.
Sounds like she was about to bolt, and he was desperate to keep her.
- At any cost.
- Lil, boss called.
Thanks for your time, Madi.
They put those facial reconstuction photos of baby Jane Doe out.
- That was fast.
- Got a hit.
Lady came in 5 minutes ago, says she knows our girl.
I was just leaving the courthouse when I saw this.
You work at the PD's office, Miss Stanton? Court reporter.
Are you saying you know this girl? No.
I mean yes, I think I do.
- Can I ask a question? - Sure.
- Rumor has it you found her in the river.
- Yes, we did.
How did she die? We're not sure yet.
Anyway, cut to the chase.
It's a pretty close match.
Where'd you get this photo? It's one of the few things I have left from my childhood.
How do you mean? That little girl in the photo, that girl is me.
I was adopted when I was 4.
There's very little I remember before then.
But I always felt a part of me was missing.
Do you remember her at all? I remember a girl but I thought she was my invisible friend.
Something a child makes up, I never thought she could be real.
Well we'll need to take a swab.
Test your DNA against our baby Jane Doe.
So the girl you found in the river, - she could've been my sister.
- It's possible.
What about your parents? Do you remember them? Last time I saw my mother, that's the only memory I have.
Where's Vivian, Mommy? Listen to me, sweetheart.
Vivian, she's just someone you made up in your mind.
Like an invisible friend.
Vivian's just make believe? Don't you see? It's so much better this way, because she'll always be with you.
Watching over you no matter where you go.
Like an angel? Yes.
Like an angel.
Go to sleep now, sweetheart.
Close your eyes.
You'll be in good hands here.
Better off without me.
He'll keep you safe.
And whenever it seems Mommy's far, far away, all you have to do is close your eyes.
And I'll be here with you.
Forever? And ever.
Bye-bye, baby.
I never saw her again.
DHS found me a home.
Good loving people raised me, I was lucky.
That medallion your mother gave you, - do you still have it? - I do, yeah.
She mentioned a man watching over you, he'll keep you safe, she said.
St.
Michael, maybe that's what she meant.
BN 3546.
I always wondered what that meant.
St.
Michael's the patron saint of cops.
BN could mean badge number.
I'll let you know if there's something to it more.
Thanks for your time.
I've had a good life.
But still.
I'd like to know.
Why she left.
Art Balduchi? No need to shine them badges.
Cheery mugs give you boys away.
Takes a cop to know a cop.
Badge number 3546.
Hung up the uniform 20 years ago.
Good riddance.
Ever run accross this girl on the job? Looks familiar, who is she? The kid who had this.
My St.
Michaels, where'd you find it? Same little girl all grown up now.
Is that a fact? Yeah, now I remember her.
And her sister.
Twins.
- You close with the family? - No.
Met 'em once, that's it.
So why'd you give her your medallion? I was a rookie, see, we got a call to this house.
Neighbors are complaining because of the noise.
Police! Open up! Police.
Open up.
Can I help you officers? We got a noise complaint.
Everything OK here? We're sittin' down to a meal.
Ain't that right, sweetheart? It's Hawaiian casserole night.
Good, right girls? Don't wanna disturb your evening now, folks.
Have a good night.
Is everything OK here, ma'am? I'm just fine, thank you.
What'd you do to her? Shut up, kid.
Let's go.
He beat her.
On her face.
No, I just, I fell.
It's my eyes, they don't work very well, I think I need glasses.
Let's take a walk around the block.
- Cool your engines.
- Yeah, sure.
Get yourself cleaned up, lady.
Daddy's gonna come back and make Mommy cry again.
Do you know who this is? It's St.
Michael.
He's the patron saint of Mommy's.
He keeps an eye on 'em, and never let's 'em come to harm.
- Really? - Sure.
Go on.
Put it on your mommy.
- What'd you say, Maura? - Thank you.
It's time for your bath, girls.
I should give this back to you.
Oh, no, no, keep it.
Your girls will notice if it's gone.
That's very kind of you.
- Thank you.
- Sure.
Oh, I'm Cindy Mulvaney.
Pleased to meet you.
I think you see just fine, ma'am.
Pardon me? Situations like this, they always end up bad.
You need to take your girls and leave.
- Tonight.
- And go where? My parents are dead, I'm an only child and I haven't had a friend in years so please tell me, where should I go? If you need a place to go, you call this number.
So it was her husband abusin' the girls, not her? She was covering it up.
They always do.
So what was this number you gave her? Some kind of shelter? No shelters back then.
Just a few good Samaritans who knew what it was like to be on the recievin' end of a fist.
So did she call this number? Got me.
Never heard from her again.
No way she would've turned to the police for help, after that.
Police.
Her husband was the police.
Roger Mulvaney was a cop in my precinct.
Her husband was a cop in the 14th district and a bona fide hero.
Decorated twice for valor, killed in the line of duty 1965.
They got his picture up at Jone's Tavern.
Well that's great.
Bad enough cops in '65 turned a blind eye on abusers.
If that abuser was a cop The guy had a free pass, - What do you got on the mom? - Cynthia Mulvaney, drops off the face of the earth in '65, few months before her husband's killed.
We tracked down 9 other Cynthia Mulvaney's in the tri-state area, we're following up if she's still alive.
Meanwhile I got a name and a number on the lady who ran that makeshift shelter in '65.
A Nancy Walsh.
Still in the life, heads up a battered women's shelter in Germantown.
So in '65 you set up an underground railroad for battered women? It was hardly a railroad.
Just my living room with a handful of cots.
I took in as many families as I could.
Last stop on the line? The only stop, dear.
Do you remember a woman named Cindy Mulvaney? Twin girls? This is one of 'em.
Oh, yeah.
Their mother wouldn't speak one word to anybody but her daughters, - first two weeks she was here.
- Why not? Her husband swore he'd find her if she ever left him.
Take everything she loved.
He meant he'd kill the girls and make her watch.
What a prince.
So she blamed herself.
Like we all do.
Just push the button here, see? Like we did at the beach.
You make a home made movie.
Lot of laundry today, huh? Anyway, thanks for pitchin' in.
They're just a few months old.
The girls.
When he first hits you.
Who, Cindy, your husband? Then you tell yourself it was just a shove, really.
He didn't mean it, he loves me, so you stay.
We all stayed.
Until one day you realize the door you could've walked out a long time ago is nailed shut forever.
You provided each and every nail every time you stayed.
You had nowhere to go, no money.
But you left, remember that.
I miss my wife.
Cindy, take the girls and go upstairs.
I don't know what came over me.
I swear it will not happen again.
You always say that.
Being all alone in that house the last few weeks, it made me realize.
Without you, without my girls, I'm nothin'.
Let me go, Roger.
Please.
I can't.
Because you're my wife.
You're my happily ever after.
Come home to me.
My shift ends at midnight.
I'll see you then.
Let's pack up our things.
You don't have to go back to that jerk.
You have another choice, Cindy.
Remember? Choice? What'd she mean by that? I don't know.
Tiffany was her friend, her confidante.
Maybe you could ask her.
Do you know where we can find this Tiffany? She's one of our most generous doners.
Volunteers here.
I can give you her number.
A lucky woman, getting out.
What about Cindy? - She get lucky, too? - No.
No, she packed her bags and went home that very night.
I tried to convince her to stay but she said there was no use in running.
He'd track her down to the ends of the earth, the guy was a cop.
Had the resources.
- Yeah.
Did you ever see Cindy again? Usually don't, after a woman goes back to her husband.
Unless I pay a visit to the local cemetery.
You were Cindy's friend, Tiffany.
You knew she had other options.
When I said Cindy had a choice, I meant the man who was madly in love with her.
And I wasn't talking about that pig of a husband.
Cindy was having an affair? Don't make it sound tawdry, because it wasn't.
It was sweet.
Who was this guy? I don't remember his name, but he had eyes like yours.
Kind.
Sexy.
He was Cindy's way out.
I always told myself she took it.
Firm shoulders, he had those too.
And how would you know that? He brought us to the beach one day.
Just a few days after Cindy came to the shelter.
Had the affair been going on for a while by then? It was just beginning.
Cindy wouldn't talk to a soul except the girls.
So which beach did he bring you to? The dreadful Jersey shore.
But still, we were able to forget where we'd come from, that we were depending on the kindness of strangers.
It must've been nice, Tiffany.
It was magical.
If just for a day.
Shot a home movie of it.
You don't still have this home movie by any chance? It's yours for a smile, big boy.
DNA results came in positive.
Vivian was your identical twin.
Your mother's name was Cynthia Mulvaney.
Your father was a police officer, his name was Roger.
You found my parents? We're still looking for your mom.
Your dad was killed on the job in 1965.
Well what was he like? We think he was abusive.
To your mother.
To you girls.
You have memories of that, Maura? Like I said there's very little I remember from my childhood.
No wonder.
We need your help identifying this guy in this home movie.
Of what? Your mother and Vivian and someone else we can't identify and you.
Maybe he knows what happened to your sister.
Well what are we waiting for? Oh, my God.
Is that my mom? Yeah, and Vivian.
That smell in the air, the water.
It was the first time I saw the ocean.
This help you remember anything else? That swimsuit Vivian's wearing, we fought over it and she won.
Do you remember that man, Maura? The one picking up Vivian? Maura? She was so happy, and sad at the same time.
Your mom was? That day on the beach she called it our perfect day.
And if you closed your eyes, it would last forever.
Vivian's it, Mommy.
Play us a song, Mommy.
- A song? - On the piano.
I didn't know you played the piano.
Mommy played all the time, before.
Even when she was a little girl.
She stopped 'cause of Daddy.
- Oh.
Would you play a song for me? Wow! That's beautiful.
I don't hear anything.
Well you know what we got here? It's a top 40 hit.
Isn't that right, Mom? - Can you girls sing? - No.
- Dance? - No.
Fantastic, we're gonna take this show on the road.
You and me and our dancing chimpanzees.
What do you say, Mom? You'll run away with me? Are you gonna kiss Mommy? - That was Art.
- Art Balduchi? The cop who came to your house that time? Yes, that's him.
He was in love with your mother? And she was in love with him.
Can't you see? So why did you keep it a secret, Art? You and Cindy? I've got nothing to say to you.
Unless you knew what happened to Vivian.
How she was killed.
Or maybe you're protecting Cindy.
The way she'd lay her finger on her own kid.
No way.
Somebody did.
He didn't deserve her.
Or those girls.
You on the other hand were willing to start a new life with someone you'd known for 2 weeks.
So how'd it begin? You and Cindy? I went to that shelter to check in on her.
I thought it'd be that one time.
But I found myself goin' every day.
That's how.
And a few weeks later the hubby tracks her down, wants her back for good.
You couldn't let that happen.
I did my best to save her.
But my best wasn't enough.
He found us at the shelter, Art.
We'll never get away from him now, never.
He found you? He'll be home in an hour and he expects us to be there.
- Where's he now? - On shift.
What are we gonna do? OK, we're gonna run away.
All right? You, me and the girls.
We'll go to the shore, he's never gonna find us there.
You can't leave your life here Art, your job! - Why not? You're young, your life has just started, you can't just take on someone else's kids.
Their wife.
Then be my wife.
- Marry me.
- What? I don't have much but what I have is yours, and the girls.
And I'll love you and protect you and I'll never let harm come your way.
Don't say those things if you don't mean them.
-I do.
So? Will you marry me? Does that mean Mommy's name is Mrs.
Balduchi now? Yes.
What about him? - What about Roger? - Right.
You stay here with the girls.
No, where are you going, Art? I'm gonna make sure he never bothers you again.
Keep an eye on Mommy, girls.
- OK.
Oh, hey Balduchi, you gave me a fright.
Is the whole precinct comin' down to see me home? You let her go! You let her be! You understand my meanin'? Yeah, yeah.
You'll never hurt her again.
That's how we dealt with abusers back then.
Off the books.
OK.
So then you tried to run off with Cindy? I thought we were free.
But I went back to my place and they were gone.
Cindy, the girls.
There was a note.
We forgot Snowflake, be back soon.
They went back for the cat.
To the house.
I raced over but it was dark.
Empty.
I drove around for hours that night, looking for 'em.
Went down to the shore, walked that beach till dawn.
Never found 'em.
I kept hopin' she'd call.
But she never did.
And that's when I knew.
Roger had found her.
The girls.
He never said a word but I knew.
Roger was killed in the line of duty a few months later.
You knew his beat.
She was Mrs.
Cindy Balduchi for the day.
At least I had that.
Cindy Balduchi.
No need to write any of that last part down.
Don't remember what the man said anyhow.
If you ever find Cindy out there somewhere, would you tell her she doesn't need to be afraid of him anymore? Art took care of it.
Cindy Balduchi? Yes, may I help you? Philadelphia PD, or is it Mulvaney? That's all for today.
I'll see you next week.
Please go away.
Maura wants to know why you left.
I don't know anyone by that name.
I'm sorry.
She can't know.
He'll find her.
Your husband? He's dead, Cindy.
He can't hurt Maura.
Not anymore.
He swore he'd find me.
He'd find her.
He would take everything I'd loved.
Like he took Vivian.
What'd he do to Vivian? Don't you see? I still had Maura left.
I had to be sure she would be safe from him.
That's why I left her in the church.
And she was safe.
But now Maura needs to know why she ended up alone.
Tell her.
I had no choice.
I had to make sure he'd never find you.
Even if it meant giving you up forever.
Snowflake, where are you? Shh, keep your voice down.
But Daddy's still at work Mommy.
I know but we have to be quiet, OK? I'll get Snowflake but you have to promise to stay put, OK? OK.
Snowflake.
Snowflake.
Snowflake.
Stupid cat! Come here.
Oh, thank God.
Let's get out of here.
Wanna drive? Or should I? Get in.
We're a family.
We're gonna work this out.
Families always do.
Ain't that right, girls? First I wanna know something.
Where are you taking us? Did you make it with him? Roger, not in front of the girls.
- Did you make it with him! - No, I didn't.
Good.
That's good.
That means we can start again.
- You and me.
- Roger.
I'd kill myself if we couldn't.
You're the only thing in my life that counts.
I'm nothing without my family.
I missed my wife.
I missed you too.
- You missed Daddy, girls? - Yes, Daddy.
Should we go home, then? What about Mrs.
Balduchi, Mommy? We don't need to talk about her.
Who's Mrs.
Balduchi? Mommy is.
- I'm sorry.
- Me, too.
What are you doing, Roger? What are you doing? Roger? What are you doing with them? Roger? Give them back to me.
I'll do anything you want.
- Just give'em back to me.
- Mommy.
Think you could just drive off into the sunset? - Live happily ever after? - No, no I don't.
No, no! There is no happily ever after.
Not for us, babe.
Not for you.
- Not if I can help it.
- Mommy! Mommy! No! No!