Law & Order Special Victims Unit s05e16 Episode Script
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(narrator) In the criminal justice system, sexually-based offenses are considered especially heinous.
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
I'm taking Rachel to a dance audition, so you'll have to pick Eli up from soccer.
Mmm-hmm.
The Westers asked if we could come to dinner Friday night.
Sounds great, hon.
And I'm going to run off to Belize with the paperboy.
Mmm-hmm.
[Trashcan clattering.]
What the hell was that? It's a miracle.
He can hear.
Damn! The homeless make a mess with our garbage, and Sanitation fines me.
Not this time.
Sam.
Who's there? Get out of there, right now! Don't hurt me.
Homeowner found him eating out of the trash.
The kid looks eight or nine, real skinny, no coat.
What's his story? Won't talk.
The kid's pretty freaked out.
No wonder, you've got him locked up in the back of your car.
Just keeping him safe for you kiddie cops.
I figure, he eats garbage, he's abused.
What do you think, homeless or runaway? He looks pretty clean for a street kid.
Yeah.
Hey, buddy, how you doin'? I'm Elliot, this is Olivia.
What's your name? Look, you're not in trouble.
We just want to talk with you.
(Stabler) Please tell me your name.
Jacob Nesbit.
Hey, Jacob.
You live around here? That's just a block away.
Who do you live with? My mom and my brother.
Yeah? What about your dad? He's dead.
Please don't tell my mom I was eating.
[Phone ringing.]
(Stabler) You sure are hungry.
I've never had pancakes before.
Your mom's never made 'em for you? No, she says they're against the rules.
What rules? About food and stuff.
What's good to eat, what's not.
How much food I can have.
Your brother have rules, too? Yeah, but Adam never breaks them.
[Sighs.]
Well, what happens when you do break them? I get a punishment.
What's a punishment? I don't want to talk about it.
Jacob, I'm just trying to help you out here, but I need for you to trust me.
My mom says what happens at home stays at home.
And what you and I talk about in this room stays in this room.
I can't tell you.
It's against the rules.
Can I finish my breakfast? Yeah, sure.
[Sighs.]
We can't keep him here unless there's some allegation of abuse.
He's scared out of his wits.
He doesn't want his mother to know that he was eating.
Something is going on here.
All right, check her out.
I'll call ACS and see if they've got anything on the family.
Okay.
[Knocking on door.]
[Doorknob clicking.]
Can I help you? I'm Det.
Benson.
This is Det.
Stabler.
Let me get my mom.
Please wait here.
Kid's awfully polite.
Or just obeying the rules.
Hi, I'm I'm Marilyn Nesbit.
Is Jacob all right? Well, actually we have him down at our station.
Can we come on inside and talk to you for a second? What about? Why you didn't report your son missing.
He runs away and comes home all the time.
I wasn't really worried.
Mrs.
Nesbit, we found your son eating chicken out of a garbage can.
We'd really like to talk to you about it.
I know my rights.
I don't have to let you in.
You bring my son home or I'll call a lawyer.
The cops tell me that my kid is at the station, I'd be there right away.
What she's so afraid of? I don't know.
He's not coming back here until we get some answers.
Maybe she has some.
Ma'am, do you mind if we have a word with you? Certainly.
Marilyn Nesbit is a lovely woman.
She brings me homemade muffins, and she sends her boys over, they help me do my chores.
Have you ever noticed any marks or bruises on the boys? Oh, no.
They don't roughhouse.
Jacob ran away.
Have you heard any yelling or fighting? He didn't run away.
He's just adventurous.
He's a handful.
I don't know how his mother manages alone.
When did the boys' father die? When Marilyn was pregnant with Jacob.
He went out for some milk, walked into a store, walked right into a holdup.
He was killed by a 13-year-old boy.
Now Marilyn stays home with the children all day.
Don't the boys go to school? Oh, didn't she tell you? She homeschools Adam and Jacob.
(Jordan) Marilyn Nesbit has homeschooled her children for the past seven years.
She took Adam out of public school after second grade.
Jacob's never been enrolled.
Anyone check on the boys? No one.
The law requires lesson plans, status reports every semester.
Marilyn's always filed them on time.
Look, these lesson plans look pretty detailed.
They're downloaded off the Internet from the New York Home School League.
So any parent can yank their kid out of school just by filing forms off a website? (Jordan) We're lucky we even have any regulations at all.
Some states don't require the parents to notify the School Board.
How many kids are we talkin' about? Nationwide, the closest estimate is one million.
Sounds like you're not a big fan of homeschooling.
I am when it works, but going to school provides kids with more than an education.
It's a safety net that catches medical, psychological, developmental problems, and child abuse.
You think that Marilyn Nesbit was using home schooling as a smokescreen for abuse? There are no red flags on file.
But maybe you need to talk to Adam's old schoolteachers.
I taught Adam in second grade.
He was smart and sweet, but he had some emotional issues.
Like what? Lots of fears, more than most 7-year-olds.
It wasn't surprising, given his father's murder, but he really needed counseling.
Didn't he get any counseling? Mom wouldn't consent.
Said she could help Adam herself.
[Scoffs.]
Fat chance.
That woman was a fruitcake.
How so? She had all these weird ideas about food.
Adam would come to school hungry, but she wouldn't let him eat school lunch.
Claimed it was full of pesticides and preservatives.
So she packed nuts, raw veggies, protein drinks.
(Stabler) He eat that? Would any 7-year-old? [Cell phone ringing.]
(teacher) Adam stole other kids' food, wolfed it down, then threw up, from eating too much too fast.
Didn't you discuss this with his mother? I kept making appointments, but she never showed up.
Finally, I said if she wouldn't meet with me, I'd report her for neglect.
The next day, she pulled Adam from school.
It's Novak.
She wants to see us, now.
Thank you.
[Phone ringing.]
Are these the detectives who have been harassing my client? Dets.
Benson and Stabler, meet Denise Brockmorton, legal counsel for the New York Home School League.
And attorney for Marilyn Nesbit, whom you are persecuting solely because she exercises her right to withdraw her children from government schools.
Nobody's being persecuted.
We're asking a few questions.
While you're holding Jacob hostage.
His mother wouldn't let us in the door.
We had to investigate.
You mean go on a witch hunt.
The detectives are merely trying to insure that Jacob is returned to a safe and healthy home environment.
Marilyn's a fine mother.
The home is more than adequate.
Prove it.
Marilyn, I don't know how you keep this place so neat with two active boys.
It's never been a problem.
Where do the boys sleep? Uh, right in here.
(Stabler) Hey, Adam.
Hello.
What you working on, Adam? Trigonometry, ma'am.
Excellent.
You go online? Just educational sites.
You got any hobbies? Learning.
That's their passion, right, Adam? Do you mind showing us the kitchen? This way.
What about exercise? Oh, we do morning calisthenics.
What? Sweatin' To The Oldies? You have two active kids here.
That's not enough.
The Home School League runs a weekly athletic event in Central Park.
Adam seems pretty small for his age.
I think he's just perfect.
(Stabler) So he gets enough to eat? There's plenty of food, healthy food.
Why feed them processed food that's full of chemicals that cause cancer? Or beef, that might have that mad cow disease? Detectives, I think that's enough.
Unless a balanced diet's a crime, we're done.
Jacob's mother and her mouthpiece want to take him home.
You've got to let her.
Who are you? Steve Krauss, social worker from ACS.
We're not done investigating.
Can't you put him in a foster home overnight? Not without a significant statement about abuse from Jacob.
Mr.
Krauss, you don't need a statement.
Turn around.
That kid is terrified of his mother.
That's your interpretation.
I spoke to Jacob.
He told me he wants to go home.
Did he tell you that he was hungry? Jacob's not malnourished.
His mother uses food to control them.
The mother has a right to her dietary beliefs, even if the kids would rather eat junk food.
Just because she's different doesn't mean that she's guilty of abuse.
Different? Sounds like she's emotionally abusive.
That's very hard to prove.
The best I can do is recommend family counseling.
Is that it? I'll make a follow-up visit tomorrow, but tonight, Jacob has to go home.
I don't like this.
I'm telling you, that mother is wound way too tight.
This is my business card, okay? On the back is my cell phone number.
You can call me any time you need anything, okay? Thanks.
Maybe we'll go out and get some pancakes.
If my mom says it's okay.
Let's go home.
I'll see you in the morning.
What time? We'll be there.
Dad, no cheating.
Who's cheating? Who you calling a cheater, huh? [Stabler growls.]
Yeah, I did.
Hold on.
I'll put you down.
Come on.
[Cell phone ringing.]
Kathy.
Hey, why don't you go get us some cookies? Hello.
Jacob? Jacob, is that you? Is that the boy from today? Yeah, I think so.
Go.
Mrs.
Nesbit? Det.
Stabler.
Is anyone home? [Sighing.]
(Stabler) Single gunshot to the temple, stippling around the wound.
The gun was found by Jacob's right hand.
Suicide? Uh, not a chance in hell.
The gun jammed when someone tried to chamber the second round.
It's tough to do that when you've already shot yourself in the head.
When did this happen? Uh, ME said between Jacob called me at 9:07, so it happened after that.
Any word from Marilyn or Adam? No, they're out in the wind, if Adam isn't already dead, too.
Elliot, this is not your fault.
You didn't send that boy home, ACS did.
Screw ACS.
I knew something was wrong.
I watched that boy walk out that door.
(Cragen) Any idea where Marilyn Nesbit might be headed? No friends, no close relatives, no address book.
Why kill one kid and not the other? Abusive parents frequently single out one child.
Adam obeys her, Jacob doesn't.
Maybe that's why Adam gets enough to eat.
Or maybe she did try to kill Adam, but the gun jammed.
So what? She's on the run, just dragging this kid with her? Maybe she's already killed him, she's out dumping the body.
What is her motive for killing her children? She destroyed the things she loves so that no one else can take them from her.
The archetype is the Greek tragedy, Medea.
Medea killed her kids to spite their father.
Yeah, or in this case, to spite ACS.
They were coming that morning.
Marilyn Nesbit wouldn't have her children, no one would.
I dumped the phones.
Other than calls to that shyster Brockmorton, Marilyn hasn't spoken to anybody in days.
And I've got Marilyn's financials.
No income.
She's been living off her husband's life insurance.
The money is getting low.
Any activity on her credit cards? Still waiting on the report.
I've got it flagged just in case she uses 'em.
DMV's got a car registered in her name.
I'll get it out on the Teletype.
You may not have to.
That car comes standard with Auto-pilot.
You know, you're lost, you need directions, you push a button, it tells you where to go.
No kidding.
How do they track the car? Built-in GPS transponder.
It sends out a signal.
Thank God for technology.
Now we just got to get Auto-pilot to track Marilyn's car.
Let's encourage them with a court order.
(woman) Are you sure this is legal? Judge signed it.
You're in the clear.
Give me the car's VIN number.
[Typing.]
Got it.
Right here.
The car's not moving.
(Benson) C-Can you zoom in on that? (woman) Sure.
[Beeping.]
She's in the Bronx by the Westchester border.
Cross streets are East Drive and River Road.
Okay, can you call us if the car starts moving again? Oh, I can do better.
Track her with this.
I'll program in her signal.
[Typing.]
[Beeping.]
(Benson) Okay, turn right here.
She hasn't moved yet.
We're close.
Westchester Mall.
Great place to dump a car.
Yeah, with a body in the trunk.
I don't see any blood.
Empty.
So where the hell did they go? Maybe they came up here to meet someone.
They've got no friends or family.
The only contacts are with that Home School League.
That's it.
John, it's Olivia.
Call the Board of Education.
Find out if any other Home School families using the same curriculum as Marilyn Nesbit live near Westchester Mall.
The next house on the list is Nancy Kester.
Homeschools her daughter, Polly.
What have we got left? Three more after this.
Can I help you? Yeah, police.
Do you know a Marilyn Nesbit? Uh, of course.
Why? Have you talked to her recently? I just picked her up from the mall.
She called me when her car broke down.
And do you know where is she now? She's in the kitchen baking cookies with the kids.
What kids? Adam and my daughter.
What's going on? Leave us alone.
(Stabler) Marilyn, just take it easy.
Mom, who are these people? The police.
Marilyn, what happened? They want to take my kids away from me.
Adam, step over here.
Step over here.
(Marilyn) Go away.
Adam, I need you to come here.
You can't take my son! Go away! (Adam) Let her go! Please come with me.
I love you, Adam.
Everything's gonna be fine.
It'll be fine.
I love you.
Be a man.
(Benson) You are under arrest for the murder of Jacob Nesbit.
You have the right to remain silent.
Anything you say can or will be used against you in a court of law.
Why are you doing this? My son is dead.
[Sobbing.]
Now you're persecuting me.
We're investigating a homicide.
Kids play with guns.
Accidents happen.
(Stabler) And that boy was murdered.
You can't prove that.
(Benson) Sure we can.
Ballistics excludes a self-inflicted injury.
I'm sure they also told you my client's prints weren't on the gun.
Textured grip.
They wouldn't be.
(Brockmorton) What possible motive did she have? Jacob called Det.
Stabler.
He was about to open up about his mom.
(Brockmorton) I can't imagine what he would have told you.
Marilyn has nothing to hide.
Good.
Where did she get the gun? [Sniffs.]
I bought it for protection.
Living alone, in a house with no man.
I'm afraid.
(Brockmorton) My client is aware she broke the law by having an unlicensed handgun, and she'll take full responsibility for her actions, but she did not shoot her son.
Then why did you run when he got shot? How could you just leave him there? I wasn't even there when it happened.
Where were you? At the store.
When I came home Jacob was dead on the floor.
[Sobbing.]
Was Adam with you? No.
He was home.
Ask him.
He was so frightened he could barely speak to me.
Marilyn Nesbit was at six different stores.
Clerks remember her.
She used a credit card each time.
Transactions cover the whole range for time of death? Yeah.
Some of the stores even have her on video tape.
So there's no way that she shot Jacob? Liv, it could have been an accident.
[Door opens.]
How's my mom? She's fine.
Can I see her? Not right now.
Have a seat.
She said that, uh, we could talk with you.
Adam, we know that your mom wasn't home when your brother was shot.
(Stabler) So now it's up to you to tell us what really happened.
I don't want to talk about it.
Your mom must have been pretty mad when Jacob ran away.
She still loved him.
She loves me, too.
Jacob told you lies about Mom.
ACS was gonna take us away.
(Stabler) That's not true.
They just wanted to check up on you guys, make sure you and your brother were safe.
You're lying.
They were going to put us in foster care.
Do you know what happens to those kids? They get abused and molested.
I can protect myself but Jacob can't.
He he he's too little.
But the gun would protect him.
(Stabler) And that's why you took your mom's gun, to protect your brother.
Adam, if it was an accident, then you're not gonna get in trouble.
But you have to tell us what happened.
Okay.
I took the gun from the closet.
I told Jacob to shut his eyes and I shot him.
He's in a better place.
Nothing can hurt him now.
(clerk) Docket ending 00-50, People v.
Adam Nesbit.
Murder in the Second Degree.
(judge) How does your client plead? (Jameau) Not guilty by reason of mental disease or defect.
Excuse me, ma'am, but she's wrong.
I did it.
I'm guilty.
Adam.
Miss Jameau, please explain to your client that his statements can be used against him.
I shot my brother.
I know I have to go to jail.
Your Honor, I ask that Adam's remarks be stricken and a plea of not guilty be entered.
Your client just confessed to murdering his brother, again.
Which shows that he is clearly not competent to assist in his own defense.
The People will show Adam knows right from wrong and should be allowed to enter the plea of his choice.
He's an emotionally disturbed adolescent.
He can't make that choice.
Enough.
I'm ordering a 730 exam.
Until the shrinks weigh in, he's not guilty.
So much bad stuff happens to kids.
They get kidnapped and molested all the time.
Well, is that why your mom homeschools you? Yes.
We learn so much and we don't have to be afraid of getting hurt, like at Columbine.
Actually, school shootings are pretty rare, Adam.
That's not what my mom says.
Plus, there's drugs and gangs and bullies.
What do you think? Same as my mom.
Kids get hurt or killed for no reason.
Like your father? After he died, Mom wanted to keep us safe, and we were, until Jacob talked to the cops, and the government tried to take us away and put us in foster care.
People were concerned about what was going on in your home.
Nothing was going on.
Everything was fine until Jacob messed it all up.
So were you mad at him? No, he's just a kid.
He didn't know what he was doing.
Then why did you shoot him? To save him, from something horrible happening to him.
Do you think killing your brother was wrong? I broke God's law and I should be punished, but I had to do it.
Why did you have to do it? Jacob is better off dead than being raped and abused in some foster home.
(Huang) Adam is competent to stand trial, but he's got some serious emotional problems.
Clinically, he's paranoid.
So Adam really did kill Jacob to save him? Adam didn't think he had any choice.
It was the only way to protect his brother from harm.
His mother convinced him that danger lurks around every corner and the only safe place is home.
Do you think Marilyn's as guilty as Adam is? They convicted that mom in Connecticut whose son hanged himself.
She'd been told repeatedly to get her son psychiatric treatment, long before his suicide.
So was Marilyn.
I think she's responsible for Jacob's death.
But Adam didn't commit suicide, he killed his brother.
He broke the law and pled guilty.
I can't ignore that.
DA's cut deals with guilty people all the time.
What makes Adam any different? (Novak) Thank you for seeing me, Judge.
Oh, Casey, stop calling me "Judge.
" I'm not on the bench anymore.
It's a habit from when I used to clerk for you.
And when we're having drinks, call me Mary.
What should I call you when I'm begging for advice? Brilliant.
So, why did you go into private practice? Three boys in college, and an ex-husband whose checks were always late.
I could hardly get by on a judge's salary.
So, tell me about the Nesbit case.
Oh, the boy thought he was doing the right thing when he shot his brother.
And he's willing to go to jail for it.
And you don't know what to do.
No.
L I don't think Adam Nesbit was acting of his own volition.
You mean you don't want to indict him.
[Chuckles.]
I guess I don't.
It's weird.
I never used to feel this way.
It was simpler when you did white collar.
An executive embezzles, the motive is greed.
That's easy.
Nail his ass.
SVU cases aren't nearly as clear.
And this kid, he's like a ventriloquist's dummy.
Whatever Mom says, he says.
Oh.
So Mom is to blame.
Are parents responsible for their children's actions? That's the question.
I don't have the answer.
Find it.
And while you're at it, figure out how you feel.
Do you feel this boy deserves to be charged? Do you feel the facts fit the charge under the Penal Law? Did the boy have intent? I don't know what he was thinking.
Well, find out.
And find out why your defendant isn't rebelling against his mother like a normal teenage boy.
(Nancy) Adam was always serious.
A little intense, but very gentle.
Certainly not violent.
Did Adam ever talk to you about his mother? Not really.
Mom, can I go? I really need to review my French.
All the verbs in Section 6.
I'll drill you later.
Polly is very confused by what's happened.
She's known Adam for years.
Were they close? Well, she had a crush on him.
Marilyn noticed, didn't approve.
They stopped visiting us after that.
Actually, I was surprised when she called from the mall.
She didn't want Adam to have a girlfriend.
She didn't want Adam to have any friends.
She kept those boys a little close for my comfort.
Made me wonder.
About abuse? Nothing sexual.
Um, I just wondered if homeschooling was healthy for her kids.
Why? Well, some families homeschool for religious reasons.
Others, like us, we can't afford private school tuition, but we don't like the chaotic, overcrowded public schools.
And Marilyn? She wanted to control those boys completely.
Maybe it was her way of keeping them safe.
Miss Novak.
Yeah? I think I'd better give you these.
(Novak) "My mom keeps telling me stuff that scares me.
I want to run away, but I can't leave Jacob.
" Those are my e-mails.
Where did you get those? Polly Kester gave them to us.
You can't tell my mom.
I-I'm not supposed to do that.
Miss Novak won't tell your mom.
She just wants to help you.
It's none of her business.
"Polly, do you think there are things so bad you'd be better off dead" Stop! "than living through them?" Please stop! "Polly, why haven't you answered me? "My mom wants me to do something.
I don't know what to do.
" Adam, you wrote that the night Jacob died.
Make her go away.
Adam, you have to tell us what happened.
What did your mom want you to do? No.
I won't talk about it.
You wanted Polly Kester's help.
It's too late! No, it's not.
Yes, it is! I'm not supposed to be here.
I should be dead.
You shot Jacob, then you tried to kill yourself, [sniffling.]
But the gun jammed.
That bitch is responsible but I can't touch her.
Th-The e-mails don't implicate Marilyn in Jacob's death.
She put crazy ideas in his head that made him kill his brother.
Yeah, but it's tough to prosecute a parent for giving their kid warped views on the world.
Even if it cripples them? Bringing up Adam with paranoid ideas isn't against the law.
You can raise your kid to be a racist so long as it doesn't cause harm.
Well there's your difference right there.
This is like vehicular homicide.
Adam is the car, Marilyn's behind that wheel, her paranoia drove his actions.
Can you charge Marilyn with causing Jacob's murder? Her gun, her fears, her beliefs.
I could argue Marilyn facilitated the murder, but, legally, it's a long shot.
So we've got nothing to lose.
If you have more questions, call my attorney, make an appointment.
Call her yourself.
Have her meet you down at Arraignment.
[Sighing.]
What is this? Marilyn Nesbit, you're under arrest for criminal facilitation in the murder of Jacob Nesbit.
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
Who are you? I'm George Huang.
I'm a psychiatrist.
I evaluated Adam.
Ha! You think he's crazy? Not crazy.
Fearful.
He's smart.
He knows the danger in this world.
Because you taught them to him.
Look, I grew up without a home.
No mother, no safety.
I don't sugarcoat the truth.
How did Jacob respond to the truth? He thought I was being unfair.
But life isn't fair, is it? If it was, my husband would be alive, my son would be alive.
None of this would have happened if Jacob had listened to me.
How did Jacob disobey you? He would never accept that I was right.
Always right? About what was right for him.
I am his mother.
Well, sometimes even good parents make mistakes.
Do you have any children? No, I don't.
I didn't think so.
You see, for me, you're just a short little man with a nasty little mind, and you're trying to twist my words, and get me to say things.
You think I'm stupid.
And you're right, I am for sitting here and listening to you.
Now, will you please call my lawyer? What the hell was that? Marilyn's response to stress.
[Laughs.]
How can she be reading the paper as if nothing happened? Because she has a borderline personality disorder.
She compartmentalizes the world.
She's always right and anyone who challenges her is not only wrong but her enemy.
Including her children.
Absolutely.
Adam always obeyed her, and so he was good.
Jacob didn't, so, that made him bad.
So she doesn't really love them? It's a twisted, narcissistic kind of love.
As soon as her kids show individuality, she perceives it as rejection, and an attack.
What made her this way? An inadequate attachment to her own mother, maybe she was abused herself.
But her husband's murder unleashed her paranoia.
He gets killed, so the outside world's dangerous.
Uh, Adam's teacher challenges her parenting, so school's a bad place.
Can you sell it to a jury? Let's see if a judge buys it first.
This is ludicrous, Your Honor.
My client in no way facilitated her son's murder.
Adam Nesbit shot his brother because their mother told him they'd be better off dead than in foster care.
(Novak) After making these inflammatory comments, she left her frightened children home alone with a loaded gun.
What did she think was gonna happen? So you're psychic now.
You can read my client's mind? All I had to read were Adam's e-mails.
"My mom wants me to do something.
" But you had no idea what Adam Nesbit meant by that? No, but Marilyn Nesbit made sure that Adam thinks only what she wants him to think.
Can't you see what's going on here, Your Honor? The People are persecuting my client because the government doesn't approve of her choice to homeschool.
So this is a politically motivated witch hunt? If Adam went to a government school and shot a fellow student there, would Miss Novak be charging his mother? The facilitation charge is legally sufficient.
We'll see what the grand jury has to say.
Cross One-ninety-fifty notice.
My client will testify at the grand jury, and I'm sure they will find a bereaved mother very sympathetic.
Regarding last Tuesday, Mrs.
Nesbit, you've stated you had no idea what Adam was planning to do when you left the apartment the night of Jacob's death.
Yes, ma'am.
And where did you go? Grocery store, um, pharmacy and, uh, a couple of other shops.
The prescription you picked up wasn't due to be refilled for another week.
Mmm-hmm.
Jacob, uh, had some stomach problems.
I always like to have a full supply of his medication on hand.
Or perhaps you wanted an airtight alibi? I'm just careful about my sons' health.
You were careful to stand underneath the video cameras and to pay with a credit card for a $5 purchase.
I know how you people work.
If I had paid with cash and had no record of buying his pills, you'd be charging me with medical neglect.
So everyone's out to get you, Mrs.
Nesbit? I never said that.
But it's clear you don't approve of how I'm raising my sons.
We are here today on the matter of your son, Jacob's death, nothing more.
You're trying to take my children away from me.
I know how you people are: Police, district attorneys, DYFS.
You destroy families! Be careful.
If you don't live your lives by their rules, they'll come after your kids, too.
Got your 911.
What's the emergency? When Marilyn was testifying, she was talking about Social Services taking her kids away.
But she didn't call them ACS, she said "DYFS.
" Division of Youth and Family Services in New Jersey.
Why is a New Yorker calling ACS by an out-of-state name? Stall the grand jury.
Let's take a road trip.
(woman) There's no record of a Marilyn Nesbit in our system.
Nothing on Adam or Jacob Nesbit either.
Maybe she used a different name.
Is there any other way that you can check? Uh, you got DOB's on the family? Right here.
Well, all right, let me try first names and birth dates.
Here's something.
A Marilyn Chesterfield, same DOB, with a son Adam, but no Jacob.
Okay, what's the allegation? It happened back in 1995, so it's archived here.
Give me a minute.
It's gotta be her.
Adam was six.
Jacob wouldn't have been born yet.
So why is Marilyn using a different name? Here it is.
"Child came to school with welts and bruises.
"States his mother beat him.
Child afraid to go home, placement requested.
" She beat Adam.
No, the child's name is Daniel.
Who the hell is Daniel? An older son.
Here, the narrative says that the mother went back to her maiden name, but her married name was Marilyn Chesterfield Nesbit.
Mom was always a little crazy, you know, with weird diets and stuff, but Dad kept her from going off the deep end.
And when he got killed, she just lost it.
How old were you? Thirteen.
Adam was, uh, six.
Mom was pregnant with Jacob.
I mean, she was pretty paranoid, you know? She moved us out here to Jersey, she changed our name to Chesterfield, she said that they would kill us if we stayed in the city.
How did you wind up in foster care? When my dad got murdered, he went to that store because I wanted milk for my cereal.
My mother blamed me for his death, so she started beating the crap out of me.
Finally, I couldn't take it anymore, and I told my teachers, and they said that she'd get help, and then I could go home.
But you didn't.
My mother never showed up for family court.
She disappeared.
They, uh, couldn't find her.
So, I stayed in the system till I was 18.
Then I joined the Navy.
I got out last year.
You ever try to contact your mother? (Daniel) I thought about it.
I was mad at her for a long time.
But things got better once I was away from her.
Um, nobody hit me, my foster parents are good people, and I thought I was just better off.
What about Adam? She never hit him.
And I thought he would be fine.
I should have gone back.
[Sobs.]
I could have stopped this.
You didn't know.
I left him there with her.
Look, he needs you now.
[Buzzer sounding.]
You're wasting your time.
I won't talk about my mom.
All you have to do is listen.
Hello, Adam.
Who are you? I'm your brother.
You can't be.
Daniel's dead.
He got killed in foster care.
Mom told me all about it.
She lied to you, Adam.
She wouldn't do that! She loves me.
I never stopped thinking about you, Adam.
I-I've always kept this.
Remember? Remember, l I taught you how to ride a bike.
[Chuckling.]
You were so afraid you were gonna fall, but I wouldn't let you.
She lied about you.
She lied about everything.
[Panting.]
She lied about the night Jacob died, didn't she? Tell me what happened.
When Mom brought Jacob home after he ran away, she was so mad.
She kept yelling that we were going to foster care, and we were gonna be raped and beaten to death, just like Daniel.
She said if I was really brave, I could stop it from happening.
She went to her room and came back with the gun.
She said it was up to me.
She said we wouldn't suffer and then we'd be together in heaven with Dad and Daniel.
And I believed her.
[Sniffles.]
And I shot him.
Oh, my God.
What have I done? Miss Novak, you could have sent the indictment to my office.
Adam.
Why did you tell me all those lies, Mom? Why did you tell me to shoot Jacob? What have you done to my son? They told him the truth.
Hello, Mom.
(Brockmorton) What the hell's going on here? Ask your client.
Marilyn, who is this? It's a trick.
It's her son, Daniel.
Daniel's dead.
Thanks to you, my whole family's gone.
And you're next.
You'll never be safe.
They'll kill you, like they killed your father! Don't listen to them, Adam, I'm your mother.
I'm the only one you can trust.
[Panting.]
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
I'm taking Rachel to a dance audition, so you'll have to pick Eli up from soccer.
Mmm-hmm.
The Westers asked if we could come to dinner Friday night.
Sounds great, hon.
And I'm going to run off to Belize with the paperboy.
Mmm-hmm.
[Trashcan clattering.]
What the hell was that? It's a miracle.
He can hear.
Damn! The homeless make a mess with our garbage, and Sanitation fines me.
Not this time.
Sam.
Who's there? Get out of there, right now! Don't hurt me.
Homeowner found him eating out of the trash.
The kid looks eight or nine, real skinny, no coat.
What's his story? Won't talk.
The kid's pretty freaked out.
No wonder, you've got him locked up in the back of your car.
Just keeping him safe for you kiddie cops.
I figure, he eats garbage, he's abused.
What do you think, homeless or runaway? He looks pretty clean for a street kid.
Yeah.
Hey, buddy, how you doin'? I'm Elliot, this is Olivia.
What's your name? Look, you're not in trouble.
We just want to talk with you.
(Stabler) Please tell me your name.
Jacob Nesbit.
Hey, Jacob.
You live around here? That's just a block away.
Who do you live with? My mom and my brother.
Yeah? What about your dad? He's dead.
Please don't tell my mom I was eating.
[Phone ringing.]
(Stabler) You sure are hungry.
I've never had pancakes before.
Your mom's never made 'em for you? No, she says they're against the rules.
What rules? About food and stuff.
What's good to eat, what's not.
How much food I can have.
Your brother have rules, too? Yeah, but Adam never breaks them.
[Sighs.]
Well, what happens when you do break them? I get a punishment.
What's a punishment? I don't want to talk about it.
Jacob, I'm just trying to help you out here, but I need for you to trust me.
My mom says what happens at home stays at home.
And what you and I talk about in this room stays in this room.
I can't tell you.
It's against the rules.
Can I finish my breakfast? Yeah, sure.
[Sighs.]
We can't keep him here unless there's some allegation of abuse.
He's scared out of his wits.
He doesn't want his mother to know that he was eating.
Something is going on here.
All right, check her out.
I'll call ACS and see if they've got anything on the family.
Okay.
[Knocking on door.]
[Doorknob clicking.]
Can I help you? I'm Det.
Benson.
This is Det.
Stabler.
Let me get my mom.
Please wait here.
Kid's awfully polite.
Or just obeying the rules.
Hi, I'm I'm Marilyn Nesbit.
Is Jacob all right? Well, actually we have him down at our station.
Can we come on inside and talk to you for a second? What about? Why you didn't report your son missing.
He runs away and comes home all the time.
I wasn't really worried.
Mrs.
Nesbit, we found your son eating chicken out of a garbage can.
We'd really like to talk to you about it.
I know my rights.
I don't have to let you in.
You bring my son home or I'll call a lawyer.
The cops tell me that my kid is at the station, I'd be there right away.
What she's so afraid of? I don't know.
He's not coming back here until we get some answers.
Maybe she has some.
Ma'am, do you mind if we have a word with you? Certainly.
Marilyn Nesbit is a lovely woman.
She brings me homemade muffins, and she sends her boys over, they help me do my chores.
Have you ever noticed any marks or bruises on the boys? Oh, no.
They don't roughhouse.
Jacob ran away.
Have you heard any yelling or fighting? He didn't run away.
He's just adventurous.
He's a handful.
I don't know how his mother manages alone.
When did the boys' father die? When Marilyn was pregnant with Jacob.
He went out for some milk, walked into a store, walked right into a holdup.
He was killed by a 13-year-old boy.
Now Marilyn stays home with the children all day.
Don't the boys go to school? Oh, didn't she tell you? She homeschools Adam and Jacob.
(Jordan) Marilyn Nesbit has homeschooled her children for the past seven years.
She took Adam out of public school after second grade.
Jacob's never been enrolled.
Anyone check on the boys? No one.
The law requires lesson plans, status reports every semester.
Marilyn's always filed them on time.
Look, these lesson plans look pretty detailed.
They're downloaded off the Internet from the New York Home School League.
So any parent can yank their kid out of school just by filing forms off a website? (Jordan) We're lucky we even have any regulations at all.
Some states don't require the parents to notify the School Board.
How many kids are we talkin' about? Nationwide, the closest estimate is one million.
Sounds like you're not a big fan of homeschooling.
I am when it works, but going to school provides kids with more than an education.
It's a safety net that catches medical, psychological, developmental problems, and child abuse.
You think that Marilyn Nesbit was using home schooling as a smokescreen for abuse? There are no red flags on file.
But maybe you need to talk to Adam's old schoolteachers.
I taught Adam in second grade.
He was smart and sweet, but he had some emotional issues.
Like what? Lots of fears, more than most 7-year-olds.
It wasn't surprising, given his father's murder, but he really needed counseling.
Didn't he get any counseling? Mom wouldn't consent.
Said she could help Adam herself.
[Scoffs.]
Fat chance.
That woman was a fruitcake.
How so? She had all these weird ideas about food.
Adam would come to school hungry, but she wouldn't let him eat school lunch.
Claimed it was full of pesticides and preservatives.
So she packed nuts, raw veggies, protein drinks.
(Stabler) He eat that? Would any 7-year-old? [Cell phone ringing.]
(teacher) Adam stole other kids' food, wolfed it down, then threw up, from eating too much too fast.
Didn't you discuss this with his mother? I kept making appointments, but she never showed up.
Finally, I said if she wouldn't meet with me, I'd report her for neglect.
The next day, she pulled Adam from school.
It's Novak.
She wants to see us, now.
Thank you.
[Phone ringing.]
Are these the detectives who have been harassing my client? Dets.
Benson and Stabler, meet Denise Brockmorton, legal counsel for the New York Home School League.
And attorney for Marilyn Nesbit, whom you are persecuting solely because she exercises her right to withdraw her children from government schools.
Nobody's being persecuted.
We're asking a few questions.
While you're holding Jacob hostage.
His mother wouldn't let us in the door.
We had to investigate.
You mean go on a witch hunt.
The detectives are merely trying to insure that Jacob is returned to a safe and healthy home environment.
Marilyn's a fine mother.
The home is more than adequate.
Prove it.
Marilyn, I don't know how you keep this place so neat with two active boys.
It's never been a problem.
Where do the boys sleep? Uh, right in here.
(Stabler) Hey, Adam.
Hello.
What you working on, Adam? Trigonometry, ma'am.
Excellent.
You go online? Just educational sites.
You got any hobbies? Learning.
That's their passion, right, Adam? Do you mind showing us the kitchen? This way.
What about exercise? Oh, we do morning calisthenics.
What? Sweatin' To The Oldies? You have two active kids here.
That's not enough.
The Home School League runs a weekly athletic event in Central Park.
Adam seems pretty small for his age.
I think he's just perfect.
(Stabler) So he gets enough to eat? There's plenty of food, healthy food.
Why feed them processed food that's full of chemicals that cause cancer? Or beef, that might have that mad cow disease? Detectives, I think that's enough.
Unless a balanced diet's a crime, we're done.
Jacob's mother and her mouthpiece want to take him home.
You've got to let her.
Who are you? Steve Krauss, social worker from ACS.
We're not done investigating.
Can't you put him in a foster home overnight? Not without a significant statement about abuse from Jacob.
Mr.
Krauss, you don't need a statement.
Turn around.
That kid is terrified of his mother.
That's your interpretation.
I spoke to Jacob.
He told me he wants to go home.
Did he tell you that he was hungry? Jacob's not malnourished.
His mother uses food to control them.
The mother has a right to her dietary beliefs, even if the kids would rather eat junk food.
Just because she's different doesn't mean that she's guilty of abuse.
Different? Sounds like she's emotionally abusive.
That's very hard to prove.
The best I can do is recommend family counseling.
Is that it? I'll make a follow-up visit tomorrow, but tonight, Jacob has to go home.
I don't like this.
I'm telling you, that mother is wound way too tight.
This is my business card, okay? On the back is my cell phone number.
You can call me any time you need anything, okay? Thanks.
Maybe we'll go out and get some pancakes.
If my mom says it's okay.
Let's go home.
I'll see you in the morning.
What time? We'll be there.
Dad, no cheating.
Who's cheating? Who you calling a cheater, huh? [Stabler growls.]
Yeah, I did.
Hold on.
I'll put you down.
Come on.
[Cell phone ringing.]
Kathy.
Hey, why don't you go get us some cookies? Hello.
Jacob? Jacob, is that you? Is that the boy from today? Yeah, I think so.
Go.
Mrs.
Nesbit? Det.
Stabler.
Is anyone home? [Sighing.]
(Stabler) Single gunshot to the temple, stippling around the wound.
The gun was found by Jacob's right hand.
Suicide? Uh, not a chance in hell.
The gun jammed when someone tried to chamber the second round.
It's tough to do that when you've already shot yourself in the head.
When did this happen? Uh, ME said between Jacob called me at 9:07, so it happened after that.
Any word from Marilyn or Adam? No, they're out in the wind, if Adam isn't already dead, too.
Elliot, this is not your fault.
You didn't send that boy home, ACS did.
Screw ACS.
I knew something was wrong.
I watched that boy walk out that door.
(Cragen) Any idea where Marilyn Nesbit might be headed? No friends, no close relatives, no address book.
Why kill one kid and not the other? Abusive parents frequently single out one child.
Adam obeys her, Jacob doesn't.
Maybe that's why Adam gets enough to eat.
Or maybe she did try to kill Adam, but the gun jammed.
So what? She's on the run, just dragging this kid with her? Maybe she's already killed him, she's out dumping the body.
What is her motive for killing her children? She destroyed the things she loves so that no one else can take them from her.
The archetype is the Greek tragedy, Medea.
Medea killed her kids to spite their father.
Yeah, or in this case, to spite ACS.
They were coming that morning.
Marilyn Nesbit wouldn't have her children, no one would.
I dumped the phones.
Other than calls to that shyster Brockmorton, Marilyn hasn't spoken to anybody in days.
And I've got Marilyn's financials.
No income.
She's been living off her husband's life insurance.
The money is getting low.
Any activity on her credit cards? Still waiting on the report.
I've got it flagged just in case she uses 'em.
DMV's got a car registered in her name.
I'll get it out on the Teletype.
You may not have to.
That car comes standard with Auto-pilot.
You know, you're lost, you need directions, you push a button, it tells you where to go.
No kidding.
How do they track the car? Built-in GPS transponder.
It sends out a signal.
Thank God for technology.
Now we just got to get Auto-pilot to track Marilyn's car.
Let's encourage them with a court order.
(woman) Are you sure this is legal? Judge signed it.
You're in the clear.
Give me the car's VIN number.
[Typing.]
Got it.
Right here.
The car's not moving.
(Benson) C-Can you zoom in on that? (woman) Sure.
[Beeping.]
She's in the Bronx by the Westchester border.
Cross streets are East Drive and River Road.
Okay, can you call us if the car starts moving again? Oh, I can do better.
Track her with this.
I'll program in her signal.
[Typing.]
[Beeping.]
(Benson) Okay, turn right here.
She hasn't moved yet.
We're close.
Westchester Mall.
Great place to dump a car.
Yeah, with a body in the trunk.
I don't see any blood.
Empty.
So where the hell did they go? Maybe they came up here to meet someone.
They've got no friends or family.
The only contacts are with that Home School League.
That's it.
John, it's Olivia.
Call the Board of Education.
Find out if any other Home School families using the same curriculum as Marilyn Nesbit live near Westchester Mall.
The next house on the list is Nancy Kester.
Homeschools her daughter, Polly.
What have we got left? Three more after this.
Can I help you? Yeah, police.
Do you know a Marilyn Nesbit? Uh, of course.
Why? Have you talked to her recently? I just picked her up from the mall.
She called me when her car broke down.
And do you know where is she now? She's in the kitchen baking cookies with the kids.
What kids? Adam and my daughter.
What's going on? Leave us alone.
(Stabler) Marilyn, just take it easy.
Mom, who are these people? The police.
Marilyn, what happened? They want to take my kids away from me.
Adam, step over here.
Step over here.
(Marilyn) Go away.
Adam, I need you to come here.
You can't take my son! Go away! (Adam) Let her go! Please come with me.
I love you, Adam.
Everything's gonna be fine.
It'll be fine.
I love you.
Be a man.
(Benson) You are under arrest for the murder of Jacob Nesbit.
You have the right to remain silent.
Anything you say can or will be used against you in a court of law.
Why are you doing this? My son is dead.
[Sobbing.]
Now you're persecuting me.
We're investigating a homicide.
Kids play with guns.
Accidents happen.
(Stabler) And that boy was murdered.
You can't prove that.
(Benson) Sure we can.
Ballistics excludes a self-inflicted injury.
I'm sure they also told you my client's prints weren't on the gun.
Textured grip.
They wouldn't be.
(Brockmorton) What possible motive did she have? Jacob called Det.
Stabler.
He was about to open up about his mom.
(Brockmorton) I can't imagine what he would have told you.
Marilyn has nothing to hide.
Good.
Where did she get the gun? [Sniffs.]
I bought it for protection.
Living alone, in a house with no man.
I'm afraid.
(Brockmorton) My client is aware she broke the law by having an unlicensed handgun, and she'll take full responsibility for her actions, but she did not shoot her son.
Then why did you run when he got shot? How could you just leave him there? I wasn't even there when it happened.
Where were you? At the store.
When I came home Jacob was dead on the floor.
[Sobbing.]
Was Adam with you? No.
He was home.
Ask him.
He was so frightened he could barely speak to me.
Marilyn Nesbit was at six different stores.
Clerks remember her.
She used a credit card each time.
Transactions cover the whole range for time of death? Yeah.
Some of the stores even have her on video tape.
So there's no way that she shot Jacob? Liv, it could have been an accident.
[Door opens.]
How's my mom? She's fine.
Can I see her? Not right now.
Have a seat.
She said that, uh, we could talk with you.
Adam, we know that your mom wasn't home when your brother was shot.
(Stabler) So now it's up to you to tell us what really happened.
I don't want to talk about it.
Your mom must have been pretty mad when Jacob ran away.
She still loved him.
She loves me, too.
Jacob told you lies about Mom.
ACS was gonna take us away.
(Stabler) That's not true.
They just wanted to check up on you guys, make sure you and your brother were safe.
You're lying.
They were going to put us in foster care.
Do you know what happens to those kids? They get abused and molested.
I can protect myself but Jacob can't.
He he he's too little.
But the gun would protect him.
(Stabler) And that's why you took your mom's gun, to protect your brother.
Adam, if it was an accident, then you're not gonna get in trouble.
But you have to tell us what happened.
Okay.
I took the gun from the closet.
I told Jacob to shut his eyes and I shot him.
He's in a better place.
Nothing can hurt him now.
(clerk) Docket ending 00-50, People v.
Adam Nesbit.
Murder in the Second Degree.
(judge) How does your client plead? (Jameau) Not guilty by reason of mental disease or defect.
Excuse me, ma'am, but she's wrong.
I did it.
I'm guilty.
Adam.
Miss Jameau, please explain to your client that his statements can be used against him.
I shot my brother.
I know I have to go to jail.
Your Honor, I ask that Adam's remarks be stricken and a plea of not guilty be entered.
Your client just confessed to murdering his brother, again.
Which shows that he is clearly not competent to assist in his own defense.
The People will show Adam knows right from wrong and should be allowed to enter the plea of his choice.
He's an emotionally disturbed adolescent.
He can't make that choice.
Enough.
I'm ordering a 730 exam.
Until the shrinks weigh in, he's not guilty.
So much bad stuff happens to kids.
They get kidnapped and molested all the time.
Well, is that why your mom homeschools you? Yes.
We learn so much and we don't have to be afraid of getting hurt, like at Columbine.
Actually, school shootings are pretty rare, Adam.
That's not what my mom says.
Plus, there's drugs and gangs and bullies.
What do you think? Same as my mom.
Kids get hurt or killed for no reason.
Like your father? After he died, Mom wanted to keep us safe, and we were, until Jacob talked to the cops, and the government tried to take us away and put us in foster care.
People were concerned about what was going on in your home.
Nothing was going on.
Everything was fine until Jacob messed it all up.
So were you mad at him? No, he's just a kid.
He didn't know what he was doing.
Then why did you shoot him? To save him, from something horrible happening to him.
Do you think killing your brother was wrong? I broke God's law and I should be punished, but I had to do it.
Why did you have to do it? Jacob is better off dead than being raped and abused in some foster home.
(Huang) Adam is competent to stand trial, but he's got some serious emotional problems.
Clinically, he's paranoid.
So Adam really did kill Jacob to save him? Adam didn't think he had any choice.
It was the only way to protect his brother from harm.
His mother convinced him that danger lurks around every corner and the only safe place is home.
Do you think Marilyn's as guilty as Adam is? They convicted that mom in Connecticut whose son hanged himself.
She'd been told repeatedly to get her son psychiatric treatment, long before his suicide.
So was Marilyn.
I think she's responsible for Jacob's death.
But Adam didn't commit suicide, he killed his brother.
He broke the law and pled guilty.
I can't ignore that.
DA's cut deals with guilty people all the time.
What makes Adam any different? (Novak) Thank you for seeing me, Judge.
Oh, Casey, stop calling me "Judge.
" I'm not on the bench anymore.
It's a habit from when I used to clerk for you.
And when we're having drinks, call me Mary.
What should I call you when I'm begging for advice? Brilliant.
So, why did you go into private practice? Three boys in college, and an ex-husband whose checks were always late.
I could hardly get by on a judge's salary.
So, tell me about the Nesbit case.
Oh, the boy thought he was doing the right thing when he shot his brother.
And he's willing to go to jail for it.
And you don't know what to do.
No.
L I don't think Adam Nesbit was acting of his own volition.
You mean you don't want to indict him.
[Chuckles.]
I guess I don't.
It's weird.
I never used to feel this way.
It was simpler when you did white collar.
An executive embezzles, the motive is greed.
That's easy.
Nail his ass.
SVU cases aren't nearly as clear.
And this kid, he's like a ventriloquist's dummy.
Whatever Mom says, he says.
Oh.
So Mom is to blame.
Are parents responsible for their children's actions? That's the question.
I don't have the answer.
Find it.
And while you're at it, figure out how you feel.
Do you feel this boy deserves to be charged? Do you feel the facts fit the charge under the Penal Law? Did the boy have intent? I don't know what he was thinking.
Well, find out.
And find out why your defendant isn't rebelling against his mother like a normal teenage boy.
(Nancy) Adam was always serious.
A little intense, but very gentle.
Certainly not violent.
Did Adam ever talk to you about his mother? Not really.
Mom, can I go? I really need to review my French.
All the verbs in Section 6.
I'll drill you later.
Polly is very confused by what's happened.
She's known Adam for years.
Were they close? Well, she had a crush on him.
Marilyn noticed, didn't approve.
They stopped visiting us after that.
Actually, I was surprised when she called from the mall.
She didn't want Adam to have a girlfriend.
She didn't want Adam to have any friends.
She kept those boys a little close for my comfort.
Made me wonder.
About abuse? Nothing sexual.
Um, I just wondered if homeschooling was healthy for her kids.
Why? Well, some families homeschool for religious reasons.
Others, like us, we can't afford private school tuition, but we don't like the chaotic, overcrowded public schools.
And Marilyn? She wanted to control those boys completely.
Maybe it was her way of keeping them safe.
Miss Novak.
Yeah? I think I'd better give you these.
(Novak) "My mom keeps telling me stuff that scares me.
I want to run away, but I can't leave Jacob.
" Those are my e-mails.
Where did you get those? Polly Kester gave them to us.
You can't tell my mom.
I-I'm not supposed to do that.
Miss Novak won't tell your mom.
She just wants to help you.
It's none of her business.
"Polly, do you think there are things so bad you'd be better off dead" Stop! "than living through them?" Please stop! "Polly, why haven't you answered me? "My mom wants me to do something.
I don't know what to do.
" Adam, you wrote that the night Jacob died.
Make her go away.
Adam, you have to tell us what happened.
What did your mom want you to do? No.
I won't talk about it.
You wanted Polly Kester's help.
It's too late! No, it's not.
Yes, it is! I'm not supposed to be here.
I should be dead.
You shot Jacob, then you tried to kill yourself, [sniffling.]
But the gun jammed.
That bitch is responsible but I can't touch her.
Th-The e-mails don't implicate Marilyn in Jacob's death.
She put crazy ideas in his head that made him kill his brother.
Yeah, but it's tough to prosecute a parent for giving their kid warped views on the world.
Even if it cripples them? Bringing up Adam with paranoid ideas isn't against the law.
You can raise your kid to be a racist so long as it doesn't cause harm.
Well there's your difference right there.
This is like vehicular homicide.
Adam is the car, Marilyn's behind that wheel, her paranoia drove his actions.
Can you charge Marilyn with causing Jacob's murder? Her gun, her fears, her beliefs.
I could argue Marilyn facilitated the murder, but, legally, it's a long shot.
So we've got nothing to lose.
If you have more questions, call my attorney, make an appointment.
Call her yourself.
Have her meet you down at Arraignment.
[Sighing.]
What is this? Marilyn Nesbit, you're under arrest for criminal facilitation in the murder of Jacob Nesbit.
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
Who are you? I'm George Huang.
I'm a psychiatrist.
I evaluated Adam.
Ha! You think he's crazy? Not crazy.
Fearful.
He's smart.
He knows the danger in this world.
Because you taught them to him.
Look, I grew up without a home.
No mother, no safety.
I don't sugarcoat the truth.
How did Jacob respond to the truth? He thought I was being unfair.
But life isn't fair, is it? If it was, my husband would be alive, my son would be alive.
None of this would have happened if Jacob had listened to me.
How did Jacob disobey you? He would never accept that I was right.
Always right? About what was right for him.
I am his mother.
Well, sometimes even good parents make mistakes.
Do you have any children? No, I don't.
I didn't think so.
You see, for me, you're just a short little man with a nasty little mind, and you're trying to twist my words, and get me to say things.
You think I'm stupid.
And you're right, I am for sitting here and listening to you.
Now, will you please call my lawyer? What the hell was that? Marilyn's response to stress.
[Laughs.]
How can she be reading the paper as if nothing happened? Because she has a borderline personality disorder.
She compartmentalizes the world.
She's always right and anyone who challenges her is not only wrong but her enemy.
Including her children.
Absolutely.
Adam always obeyed her, and so he was good.
Jacob didn't, so, that made him bad.
So she doesn't really love them? It's a twisted, narcissistic kind of love.
As soon as her kids show individuality, she perceives it as rejection, and an attack.
What made her this way? An inadequate attachment to her own mother, maybe she was abused herself.
But her husband's murder unleashed her paranoia.
He gets killed, so the outside world's dangerous.
Uh, Adam's teacher challenges her parenting, so school's a bad place.
Can you sell it to a jury? Let's see if a judge buys it first.
This is ludicrous, Your Honor.
My client in no way facilitated her son's murder.
Adam Nesbit shot his brother because their mother told him they'd be better off dead than in foster care.
(Novak) After making these inflammatory comments, she left her frightened children home alone with a loaded gun.
What did she think was gonna happen? So you're psychic now.
You can read my client's mind? All I had to read were Adam's e-mails.
"My mom wants me to do something.
" But you had no idea what Adam Nesbit meant by that? No, but Marilyn Nesbit made sure that Adam thinks only what she wants him to think.
Can't you see what's going on here, Your Honor? The People are persecuting my client because the government doesn't approve of her choice to homeschool.
So this is a politically motivated witch hunt? If Adam went to a government school and shot a fellow student there, would Miss Novak be charging his mother? The facilitation charge is legally sufficient.
We'll see what the grand jury has to say.
Cross One-ninety-fifty notice.
My client will testify at the grand jury, and I'm sure they will find a bereaved mother very sympathetic.
Regarding last Tuesday, Mrs.
Nesbit, you've stated you had no idea what Adam was planning to do when you left the apartment the night of Jacob's death.
Yes, ma'am.
And where did you go? Grocery store, um, pharmacy and, uh, a couple of other shops.
The prescription you picked up wasn't due to be refilled for another week.
Mmm-hmm.
Jacob, uh, had some stomach problems.
I always like to have a full supply of his medication on hand.
Or perhaps you wanted an airtight alibi? I'm just careful about my sons' health.
You were careful to stand underneath the video cameras and to pay with a credit card for a $5 purchase.
I know how you people work.
If I had paid with cash and had no record of buying his pills, you'd be charging me with medical neglect.
So everyone's out to get you, Mrs.
Nesbit? I never said that.
But it's clear you don't approve of how I'm raising my sons.
We are here today on the matter of your son, Jacob's death, nothing more.
You're trying to take my children away from me.
I know how you people are: Police, district attorneys, DYFS.
You destroy families! Be careful.
If you don't live your lives by their rules, they'll come after your kids, too.
Got your 911.
What's the emergency? When Marilyn was testifying, she was talking about Social Services taking her kids away.
But she didn't call them ACS, she said "DYFS.
" Division of Youth and Family Services in New Jersey.
Why is a New Yorker calling ACS by an out-of-state name? Stall the grand jury.
Let's take a road trip.
(woman) There's no record of a Marilyn Nesbit in our system.
Nothing on Adam or Jacob Nesbit either.
Maybe she used a different name.
Is there any other way that you can check? Uh, you got DOB's on the family? Right here.
Well, all right, let me try first names and birth dates.
Here's something.
A Marilyn Chesterfield, same DOB, with a son Adam, but no Jacob.
Okay, what's the allegation? It happened back in 1995, so it's archived here.
Give me a minute.
It's gotta be her.
Adam was six.
Jacob wouldn't have been born yet.
So why is Marilyn using a different name? Here it is.
"Child came to school with welts and bruises.
"States his mother beat him.
Child afraid to go home, placement requested.
" She beat Adam.
No, the child's name is Daniel.
Who the hell is Daniel? An older son.
Here, the narrative says that the mother went back to her maiden name, but her married name was Marilyn Chesterfield Nesbit.
Mom was always a little crazy, you know, with weird diets and stuff, but Dad kept her from going off the deep end.
And when he got killed, she just lost it.
How old were you? Thirteen.
Adam was, uh, six.
Mom was pregnant with Jacob.
I mean, she was pretty paranoid, you know? She moved us out here to Jersey, she changed our name to Chesterfield, she said that they would kill us if we stayed in the city.
How did you wind up in foster care? When my dad got murdered, he went to that store because I wanted milk for my cereal.
My mother blamed me for his death, so she started beating the crap out of me.
Finally, I couldn't take it anymore, and I told my teachers, and they said that she'd get help, and then I could go home.
But you didn't.
My mother never showed up for family court.
She disappeared.
They, uh, couldn't find her.
So, I stayed in the system till I was 18.
Then I joined the Navy.
I got out last year.
You ever try to contact your mother? (Daniel) I thought about it.
I was mad at her for a long time.
But things got better once I was away from her.
Um, nobody hit me, my foster parents are good people, and I thought I was just better off.
What about Adam? She never hit him.
And I thought he would be fine.
I should have gone back.
[Sobs.]
I could have stopped this.
You didn't know.
I left him there with her.
Look, he needs you now.
[Buzzer sounding.]
You're wasting your time.
I won't talk about my mom.
All you have to do is listen.
Hello, Adam.
Who are you? I'm your brother.
You can't be.
Daniel's dead.
He got killed in foster care.
Mom told me all about it.
She lied to you, Adam.
She wouldn't do that! She loves me.
I never stopped thinking about you, Adam.
I-I've always kept this.
Remember? Remember, l I taught you how to ride a bike.
[Chuckling.]
You were so afraid you were gonna fall, but I wouldn't let you.
She lied about you.
She lied about everything.
[Panting.]
She lied about the night Jacob died, didn't she? Tell me what happened.
When Mom brought Jacob home after he ran away, she was so mad.
She kept yelling that we were going to foster care, and we were gonna be raped and beaten to death, just like Daniel.
She said if I was really brave, I could stop it from happening.
She went to her room and came back with the gun.
She said it was up to me.
She said we wouldn't suffer and then we'd be together in heaven with Dad and Daniel.
And I believed her.
[Sniffles.]
And I shot him.
Oh, my God.
What have I done? Miss Novak, you could have sent the indictment to my office.
Adam.
Why did you tell me all those lies, Mom? Why did you tell me to shoot Jacob? What have you done to my son? They told him the truth.
Hello, Mom.
(Brockmorton) What the hell's going on here? Ask your client.
Marilyn, who is this? It's a trick.
It's her son, Daniel.
Daniel's dead.
Thanks to you, my whole family's gone.
And you're next.
You'll never be safe.
They'll kill you, like they killed your father! Don't listen to them, Adam, I'm your mother.
I'm the only one you can trust.
[Panting.]