Law & Order Special Victims Unit s08e13 Episode Script
Loophole
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 want her now! I don't know.
You read two, sum-up and the desk map.
She's mine.
Not matters.
Sombody help this kid.
Why don't we just shoot him? Munch, help the kid! Let me go! / He's unconscious.
Somebody call EMS.
- Get off of me! - I got him! Watch out.
He's high on PCP.
I'm coming for you, Barbie! How dare you hit the erotic God of love.
No mortal can keep us away! I came to get her back.
Barbie's gone.
Put the chair down.
Don't make me hurt you, lady.
- Last chance.
- You're just jealous of her beauty.
Barbie, I love you! You're my Hit the cuffs on him! - How bad? - Deep cut in his arm.
Tell EMS we got an officer down! Where are you taking him? - They're all going to Bellevue.
- I'm gonna ride along.
Anybody belong to this? The kid that Cupid knocked down was carrying that.
It's addressed to the special victims unit.
What is it? Kiddie porn.
Memory card from a camera.
It's a little late for Christmas.
Who's playing Santa Claus? Well, it's a secret.
Note just says, "please put this sick bastard away.
" You'll feel a slight pinch, and then in a few seconds your arm will be numb.
It's already numb.
Hey, captain.
- How you feeling? - Like a million bucks.
That's what happens when you get hit by a bus.
Speaking of which, where's lover boy? He's in the prison ward in steel restraints.
Is he gonna be okay? The glass came close to severing his radial nerve.
He's lucky I'll be ready for work.
Not until you regain full feeling in your arm and hands.
Puts you on the DL.
You're gonna put me on the DL with our caseload? Elliot, I'd rather lose you for a few weeks than go to your retirement party.
How's that kid Taylor doing? Fin's talking to him now.
What happened? / You picked the wrong time to get off the elevator.
A guy on a PCP rage took you out.
- Where? - At my office, special victims unit.
Do you remember why you were there? The envelope Relax, I got it.
Was it yours? No.
Some guy on the street gave me 50 bucks to drop it off.
What'd he look like? He had on some shades and a big winter jacket with the hood up.
He say why he didn't drop it off himself? No.
The guy said Ulysses was the only explanation I needed.
You still got Ulysses? Oh, man.
I knew it was too good to be true.
The bill was too beat up for the lab to lift any prints.
What about the envelope? Three sets of prints.
Mine, Munch's, and the delivery boy.
No DNA on the glue.
Then the informant was smart enough not to lick the flap.
The only other prints we got came from the photos themselves.
The prints are not in the system, but I have a feeling that our anonymous tipster's are.
It would explain why he went to so much trouble to stay under the radar.
But why not give us the perp's name? Maybe somebody afraid of the perv doesn't want him to come back on him, like a previous victim.
Or the victim is being abused by a family member, somebody else in the family finds the photos, turns them in anonymously to avoid retaliation.
After editing out the really nasty ones.
There's not one shot of that kid naked or performing a sex act.
Maybe that's why he included the memory card, he thought there'd be more pictures on it.
TARU called.
Nothing more hard-core than these.
Well, when I was in computer crimes, we used digital image recovery software to restore deleted files.
Bet that would work on the memory card.
TECHINICAL ASSISTANCE RESPONSE UNIT ONE POLICE PLAZA MONDAY, JANUARY 8 One Police Plaza Program found a couple of Jpeg files on your memory card that had been erased.
Naked pictures of the kid? All I saw were a bunch of doors.
Doors? / Actually one door, taken from different angles.
Can you blow that up? Sure.
- I don't see an address.
- Or the faces of any of the installers.
Hold on.
Wait.
Go back to that last one.
Look, the window caught a glimpse of a truck passing by.
Let me clear that up.
"Empoli bakery.
" No time or date stamp.
That's where the exif data comes in.
- Exif? - Exchangeable image file, records the date and time an image is taken, and the make and model of camera.
All these images, including the porn, were shot with a photopro 600 digital camera.
And that Empoli bakery truck passed your mystery address last Tuesday afternoon at 1:46.
So my next stop was over by Columbia pres, and I went down here.
It's a dangerous block.
You usually go this way? No, sir.
I got held up last year, and the bastards broke my arm.
But there was a water main break on Fort Washington last Tuesday.
whoa, whoa, whoa.
Pull over.
/ Where? Over there.
- Feel free to grab a snack.
- Thank you.
No problem.
Wait up.
Hey.
Got you a donut.
Thanks, but I'm good.
- Hey, can I have one? - Sure.
- What's your name? - Kevin.
- All right, Kevin.
- Yo, what are, what are you doing? Giving the little boy a donut.
Why you wanna give the kid a donut? Why do you have a problem with us giving him a donut? Oh, all right, cop's best friend.
Come on.
It's raining out here.
Let's go inside.
About time you people showed up.
Somebody call the police? You're here about the break-ins, right? That's why you're here, right? Yeah, our precinct sent us over.
They sent you over to this dump? This place is ridiculous, man.
Third time this month somebody broke in.
Ridiculous.
When was the most recent burglary? I don't know, like, the night before last.
- How come you guys don't know that? - We're too busy eating Your super around here? My super? He's in his hole in the basement.
His name's Seth Millstead.
Is he on top of what's going on? I don't know if he's on top of it, man, but he was yelling about it 'cause the crib they busted into last time was his.
Ridiculous.
- Don't you people communicate? - All the time.
Yeah, well, then you should already know that nobody broke in here.
Well, those marks on your door say otherwise.
So do some of your tenants.
- Which tenants? - That guy out front, for starters.
What? The wax man? He can barely put two words together, he's so strung out.
You mind if I take a look around? Make it quick.
Mr.
Millstead, there was a call to 911 two nights ago reporting a burglary to this apartment.
Patrol sent two cars.
Yeah, and like I told those cops, I was taking out the garbage, I forgot my key ring, and the only way I could get back in here was with a crowbar.
Well, most people would use a locksmith.
For what those bloodsuckers charge? It costs less to replace the door.
I understand exactly how you feel, Mr.
Millstead.
If you have any more problems, make sure to call us.
Why'd you pull me out? / Millstead's lying and we got no search warrant.
- For what? - For his digital camera.
Same make and model took the pictures we got sent.
Whoever's been doing those break-ins got more than they bargained for in Millstead's place.
Yeah, his kiddie porn.
We've got ourselves a burglar with a conscience.
I don't buy some burglar risking prison time to be a good Samaritan.
It explains why he made sure we wouldn't find any prints or DNA on the envelope or pictures.
Who reported the break-in? Anonymous caller, pay phone four blocks away.
Perp probably stopped to eyeball the take he got from Millstead's apartment and saw the pictures.
Right, and instead of dumping them into the nearest garbage can, he called the cops.
Well, just 'cause a guy makes a living breaking into people's apartments doesn't mean he likes kiddie porn.
Okay, so he pays a kid to deliver the evidence.
Why report the crime he committed? 'cause he wanted to make sure we'd track those pictures back to Millstead.
Well, maybe he should've given us a little bit more to work with, right? Like the address? 'Cause it was just dumb luck we found it.
There's no way he could've known those doors were on the memory card.
Why take these pictures to begin with? To prove to the city that the work was done.
They were installed to save the landlord from a whopping fine.
- For what? - Safety violations.
Before last week, there were no doors on the front of the building.
There were ten burglaries in the last year.
So other than letting the building fall apart, does Millstead have a record? No.
No nothing, no priors.
Just means nobody caught him taking his naughty pictures.
John, does this kid live in the building? Apartment A6.
His name is Diego Benitez.
Oh, you're late 'cause you were doing something useful? Yeah, I was showing his picture to the local elementary school principal.
Emergency contact is his mother, who's probably serving lunch as we speak.
TENERIO'S CAFE 835 FORT WASHINGTON AVENUE TUESDAY, JANUARY 9 The school didn't call me.
Is Diego hurt? He's okay.
Why don't you step down for a second? Look, the reason that we're here is we believe that your son may have been sexually abused.
By who? We're not sure.
Are there any adults close to him? His teacher and the guy who watches him when I work my other job, but they would never touch him.
Has your son said anything to you, been acting strange lately? I'll talk to him.
He'll tell me.
Actually it's best if we talked to him.
No.
No, no, no.
I swear, I can get my boy help.
And when he tells me who's hurting him, I'll make sure he's far away from them.
I can handle it.
Your son's attacker took these photos.
They may already be on the internet.
The only way to handle it is for us to arrest him.
I gotta go.
Something's got her spooked.
Maybe she knows that it's Millstead, and she's afraid of him.
Maybe she's doing him and trying to protect him.
I didn't get that vibe from her.
What we didn't get was permission to talk to her son.
Now what? Well, we try to find our 911 mystery caller.
Munch should have the tape by now.
Okay, listen to me.
This is ridiculous, but somebody broke into an apartment - You hear me? Hello? - Is anyone still in the apartment? Sir? Sir? Unfortunately, that's it.
That voice sounds familiar.
Yeah, like a guy who likes little boys and cotton swabs.
You gotta do that in front of us? I have a cerumen problem.
You're gonna have a face problem if you don't stop.
- What the hell is cerumen? - Ear wax.
See? He knows.
I make too much of the stuff.
It blocks up my auditory canal.
- Then what you need is a hearing test.
- Hey, back off! Somebody broke into an apartment - I'm not deaf.
- That's you talking to the cops.
I was just being a good citizen.
How did you know about the burglary in the basement? Aw, this is ridiculous.
I, I was home.
On the fifth floor, you heard somebody bust into an apartment through five slabs of concrete with a cerumen problem? I must've been having a good ear day.
Where did you find this looney tune? Hanging out in the front of Millstead's building.
His real name is Raymond Nesbit.
He's got a long sheet of arrests for heroin possession.
Currently on parole after doing 21/2 up at Fulton.
Hard time on a possession collar? No.
Burglary two.
I guess old habits die hard.
You know Diego Benitez? I watch him after school while his mother works.
You into little kids? "Into"? No, no, no, no.
Do not try to pin no kiddie diddling on me.
So Diego told you he was abused? You got voices in your head? 'Cause I didn't say that out loud.
- This is ridiculous, gentlemen.
- Look, we don't speak your dialect of crazy, okay? So talk to me straight Did Diego ever tell you he was with Seth Millstead? Yeah.
But not that he diddled him.
Then what? This perverted freak took pictures of this little boy in his underwear.
His skivvies.
These pictures? Where did you get those? Messengered over by some good citizen.
Probably by the same guy who broke into Millstead's apartment.
Do you have any idea who that might be? If I was him, and I'm not him, I'm not saying that, I'm saying if I was him and I decided to stick around, I'd keep my mouth shut.
You know, unless I was assured I'd skate on certain crimes I did.
What crimes? Ten burglaries in that building in the year since the wax man came home.
All with the same M.
O.
as the Millstead job.
Crowbar entry, place torn apart.
And he only takes cash, probably to feed his heroin habit.
Well, I guess that makes it okay then.
You got a plan B, counselor? Yeah, bust him for the parole violation and send him back Upstate where he belongs.
And get the victim to talk.
We're not gonna get the victim to talk, Casey.
We can't get parental consent.
He's the only one who can swear that kiddie porn was in Millstead's apartment, which he's not gonna do unless we make him a deal.
What if he commits an assault or a murder and the media finds out that we had him and we let him go? You want to take that chance? That's what I thought.
So what do we tell Mr.
Hygiene in there? He confesses to the Millstead burglary and taking the kiddie porn, he walks on that crime only.
He's not gonna go for it.
And we need a warrant to get into Millstead's apartment.
Well, then give me something.
Besides the camera.
Hold on.
The memory card.
It has the images of Diego and the front doors.
Now, is that enough? It's iffy, but I could try judge Ahearn.
She has a kid around Diego's age.
- Police! Search warrant! - What the hell? Seth Millstead, you're under arrest for possession of child pornography.
What are you talking about? About you re-writing history, lying about somebody breaking in here.
- Look, I got nothing to hide! - Sure you do.
Those pictures you took of a little boy in his underwear.
Underwear? It doesn't sound like any kiddie porn I've ever heard of.
Anyone can see that's kiddie porn.
You must have X-ray vision.
There is not one image of genitals or a sex act.
You're right.
They must be family photos.
Here, my 4-year-old daughter in her two-piece.
Based on your definition, this is child pornography.
It is if you try and sell it to a pedophile.
Your honor, if it looks like a duck and quacks like a duck It's pornography.
Look, Justice Stewart said he couldn't define it, but he knew it when he saw it.
And US vs.
Dost requires the law determine what the child is wearing how he/she is dressed, the intent of the image And whether the child is naked or engaged in a sex act.
And the boy in those pictures is not.
Mr.
Zeirko, I'm not giving some pervert a free ride without further researching Ms.
Novak's points.
I'll give you my ruling tomorrow.
If you don't want this arrest voided on a bad search warrant, Ms.
Novak, I'd get a statement from the victim.
What do you want? We arrested Seth Millstead last night.
Does he think I talked to you? You don't have to be afraid that he's gonna report your illegal status.
I know.
Your green card expired last year.
Please.
Please don't send us back to Honduras.
Did he threaten to turn you in, is that what happened? Yes.
But Diego was born here.
Jennifer, I'm not here to report you.
I want to protect your son.
Okay.
Come on.
Hey, Diego.
I'm Olivia.
- Hi, Olivia.
- I'm a police officer, and I'd like to ask you a couple of questions if that's okay.
You have a big day? - No.
I'm just tired.
- Yeah.
I need to ask you if, uh, if you've ever seen this.
No.
Can you tell me who took it? I don't know.
Okay, Diego, this is really important.
I need to know if somebody asked you to pose for this picture? I don't remember.
Are you okay? Yeah, I'm feeling a I'm just feeling a little hot.
I'll get you some water.
Now, Diego Diego? Jennifer? Jennifer? Jennifer? Jennifer, come on.
Help! - What is it? - I need help! - Get out of the building.
- What? I'm a cop.
Call an ambulance.
And get out.
Get everyone out! Last radio call I heard said 12 people.
- Jennifer, Diego, Olivia - And the other two apartments.
Family of four in one, three mentally disabled kids and their foster parents in the other.
Patrol has evacuated the building.
Emergency service's are looking for any other victims.
HAZMAT's ready to go in.
How bad are the victims? We don't know yet.
Everybody but Olivia is at the ER or on their way there.
I'm not going anywhere.
I'm telling you, I'm okay.
We don't know what made you pass out.
Give me the release paper to sign.
Is there a problem here? - She's refusing medical care.
- Well, you must have heard wrong 'cause detective Benson wouldn't violate procedure.
I don't need to go to the hospital, captain.
HAZMAT's ready to go, captain.
Take her.
Restrain her if you have to.
These people can't stay out here all night.
Is somebody making arrangements for them? Red cross is setting up a temporary shelter at the school around the corner.
We know anything yet? Only that we're lucky.
We could've had a lot more sick people on our hands.
Why don't we? 'Cause Olivia had the presence of mind to vent the Benitez' apartment and tell everyone to get out.
Is she gonna be okay? You're awake.
You have strong vital signs.
I want to go home.
Home, home! It's okay, Suzy.
You'll go home soon.
No, now! Home, home, home now! Were they in the building too? They, and a third mentally handicapped kid with their foster parents, and another family with two children.
Are they gonna be okay? Well, they were exposed for a lot longer, so they took a bigger hit.
A bigger hit of what? Poisonous vapors in the apartment.
We were poisoned? Don't know yet.
But this'll tell us.
That looks like a radar gun.
It's a photo ionization detector, also known as a gas sniffer.
Standard equipment in the war on terror.
We stumble on a terrorist lab? We'll know in a few minutes.
First stop's the basement.
TARU's rigged me with a camera and audio.
They're setting up a monitor by the HAZMAT truck if you want to watch I'll call the hospital and check on Liv while you finish suiting up.
I want a tox screen, blood gas.
Let's get some more O2 on her.
What do I still need oxygen? Bring up your oxygen saturation.
I'll be right back.
- Left arm okay, detective? - Yeah.
You have good veins.
Where are they taking Diego Benitez? Up to pediatrics.
I'm getting a positive reading for VOCs Translation? Volatile organic compounds.
- This building is full of surprises.
- So's your garage.
There's VOCs in paint thinner, gasoline, benzene, old floor wax O'Halloran, over here.
What'd you find? You're not gonna believe this.
Check this out.
Wow.
Wow what? This is a 95-gallon overpack container.
They're designed to transport nuclear waste and to contain 55-gallon drums that are leaking hazardous chemicals.
Can you tell what's inside it? Uh, no markings.
But the PID's reading positive for organophosphates.
Your blood work shows that you have half the normal amount of cholinesterase.
What is that? / It's an enzyme that helps regulate the nervous system.
The levels drop when you've been exposed to organophosphates.
So will it get better? I'm gonna give you a shot of atropine.
It's an antidote.
Unless you've been exposed long term, you should be okay in about 24 hours.
So I can go now? / No.
I'm gonna have to keep you here overnight.
Maybe we'll find out which type made you sick.
We've got a problem.
The sniffer's reading this organophosphate as unknown.
We've got to notify the EPA, terrorism task force and homeland security.
Homeland security? We got a sleeper cell in this place? Remember the Tokyo subway attacks back in '95? The terrorists used sarin gas.
Sarin is one of the deadliest OPs around.
You're talking about nerve gas? Right, so we're gonna leave this alone and check levels in the three apartments where the tenants got sick.
Jennifer.
They say you saved us.
Is Diego all right? No.
They did tests.
They found cancer in his blood.
Cancer? Did they say what caused it? No.
No.
We found traces of the same OP on the heaters in all three apartments.
- How'd it get there? - It must have been sprayed on them.
And when the heat came up, the stuff volatilized and went into the air.
Why those three apartments and not the rest of the building? No idea.
We'll know more when we figure out what this stuff is and where it came from.
I know just who to ask.
RIKERS ISLAND FRONT DESK WEDNESDAY, JANUARY 10 - You sure? - Do I look sure? Eh.
Yeah, Mitch.
I got an NYPD out here, needs to see Millstead.
Supervisor says you're gonna have to wait.
Until what, he pretties himself up? Oh, now that's funny.
What are you doing here? I'm here to see your client.
Figures they'd notify you before his own attorney.
About what? I got the call an hour ago.
Said he was in the yard for his daily exercise, and there was a pileup.
When they finally got everybody off him, there was a sharpened toothbrush sticking out of his rib cage.
You have a suspect? About a dozen of them.
Couldn't have happened to a nicer guy.
Doc Warner said whoever shivved Millstead had good aim.
Got him in the ascending aorta.
Took him less than a minute to bleed out.
Then our only lead on the toxin died with him.
We got any word from the scene? Homeland security and the fibbies took over.
They also want everything we got on Millstead's kiddie porn.
Can't think of a reason not to give it to them.
So that's it? We're done? HAZMAT confiscated my clothes.
You could have gone home.
Not till I find out what happened to me.
We may not know for a couple of days.
And it's over for us anyway.
You may want to wait and see what else we found in Millstead's apartment.
Okay.
The three words today are ball, clock, elephant.
Got it? That's Seth Millstead's voice.
Ball, clock elephant.
What is this? One of two dozen or so mini-DV tapes, crime scene found underneath a loose floorboard in Millstead's apartment.
If that boy's about to be abused on camera, I don't need to see it right now.
Relax, counselor.
These tapes are G-rated.
How're you feeling today, kid? - Better than last week.
- Well, that's good.
What's up with school? The teacher says I'm not doing good.
Did you do okay on that math test? I don't remember.
Can I go now? First hit me with those three words.
Hippo pen light? That's great, kid.
We'll do it again next week.
That's it? Not exactly.
We got over 200 sessions with Diego and the other three kids who went to the hospital last night.
Any idea what it's about? I didn't get it either until I started digging into payments.
He's been getting quarterly checks for almost two years from this company.
"E-H-D associates, incorporated.
" What do they do? Research for chemical companies.
Their offices and bank accounts mysteriously disappeared from the planet two days ago.
That has something to do with these tapes? Don't you see what's happening? That stuff in Millstead's basement, it's not some weapon of mass destruction.
It's an experimental pesticide.
Some big chemical company is paying Millstead to test it on Diego and the other kids in the building.
They're using them as guinea pigs.
And those tapes are evidence of what the long-term affects are on them.
Leave it to the prince of paranoia to take it up a notch.
This is way out there even for you.
Really? Then why does it show Millstead as a consultant on the check? No, this time Munch isn't crazy.
You think some chemical company poisoned these people? Wouldn't be the first time.
Chemical companies have been testing pesticides on people for years.
And the government just allows this? The government tried to do it too.
They were going to pay poor families down in Jacksonville, Florida, to videotape the effects of pesticides on their children.
They only canceled the study 'cause of protests from the public and their own scientists.
After that, the EPA prohibited all direct testing on pregnant women and children.
So how did this company get around the regulations to poison us? Through a loophole called "observational testing.
" What's that? You're having your place sprayed for bugs, they're allowed to test your kids to see how it affected them.
So Millstead sprayed the building with poison and then videoed what it did to Diego and the others.
And took these still photos.
So this isn't kiddie porn.
It's part of his sick experiment.
Look at how they're shot.
I think Millstead took them for evidence of toxicity to show whether the children developed skin rashes from this pesticide.
What poison are we talking about? The pesticide manufacturer has to submit all research data to the EPA for final approval.
We've checked.
We have no idea what the chemical is.
Then who does? The company that made it.
We only deal with them when they give us their final results.
And it looks like this study wasn't complete.
Yeah, 'cause a bunch of kids almost died.
Look, detectives, I don't have to answer to you.
I assure you, the EPA's hands are clean on this.
Yeah, clean like they were with cheers? We didn't spray people.
No, you waved a thousand bucks around some poor folks in return for exposing their kids to poison.
We only took people who were already using the stuff.
Now, get your hands off of me.
Yeah, I bet you volunteered your kids.
It's not about my kids.
No, it's about exploiting the poor and the desperate 'cause they don't matter.
The poor and desperate are the ones most affected by rodents and parasites.
Parasites like the chemical companies that do this while you look the other way.
We don't condone what happened here.
But you're responsible, 'cause your regulations allow those chemical makers to do what they want.
According to ethical guidelines and established rules and regulations.
Which everybody seems to ignore, 'cause I bet the research company didn't even bother to get permission to test those people.
You underestimate them.
There's no way they'd open themselves up to a multi-million dollar lawsuit.
I guarantee you, they cover themselves.
Did you give them permission, Jennifer? Mr.
Millstead said if I signed the form, we could get money.
How much? A hundred dollars every few months.
And what did you have to do? Let Mr.
Millstead spray the drug in the apartment.
Hold on.
They told you that it was a drug? Yes, one that could keep the roaches away from us.
They never said that it was poison? They never said it was a pesticide? No! He said it was safe.
But it wasn't.
Jennifer, it wasn't your fault.
You didn't know.
He probably knew that it was poison for roaches.
The doctor says he's going to need chemo.
What am I gonna do? I have no medical insurance, no money.
How am I gonna pay for this? Jennifer, the form that you signed, did Mr.
Millstead give you a copy? Yes.
In my apartment.
Somebody should get the EPA to clean this up for when Jennifer and Diego come home.
Got it.
Here it is.
That's a lot of pages.
They expect some poor, undocumented immigran who barely speaks English to get through that? There's no way.
It's written in such legalese, I can't even understand it.
Listen to this.
"Forever indemnifies E-H-D associates, "its worldwide subsidiaries, and satellite corporations in the US" "from any and all liability.
" Does it say who hired the research company? Here we go.
"Waiver of liability shall also extend to Danforth chemical, inc.
," "Which corporation has contracted E- H-D associates" "to carry out the study described herein.
" Danforth chemical.
Sons of bitches pay some subcontractor who takes the lowest bid to do their dirty work.
I don't care if they're in the Fortune 500.
They're not getting a waiver of liability on this one.
DANFORTH CHEMICAL 253 MADISON AVENUE FRIDAY, JANUARY 12 Can I help you? Mr.
Hanley? No, I'm Charley Moss.
I represent Danforth chemical.
Well, I'm here to speak with the company CEO, Roger Hanley.
With regard to what? The chemical that your company sprayed at 957 Fort Washington avenue.
Well, I'm sure Mr.
Hanley doesn't know anything about that.
And he's not available anyway.
I'm sure he is available.
He just doesn't have the guts to deal with me himself.
And your interest in this, miss Detective, Mr.
Moss.
Detective Benson.
And my interest in this is that the poison that your client sprayed almost killed me.
You showed your badge to the security people downstairs.
- Is that how you got in? - I did.
What does that have to do with this? Well, you're here on personal business, which means that you entered the building under false pretenses.
Eleven other people were also poisoned by your company's product.
Which product exactly? That's what I'm here to find out.
Well, unless you have a subpoena, I'm afraid I can't help you.
Now, I suggest you leave the building.
- Let's go.
- You touch me again, and I will collar you for assaulting a cop.
You should listen to him unless you want me to call the police and have you arrested for trespassing, miss Benson.
I'm sorry, Liv, but there's nothing I can do.
It's over.
Well, I'm not gonna stop.
- Okay, then hire a civil attorney.
- This isn't about money.
I am talking about your career in a flaming, downward spiral.
Look, Charley Moss called his friend the district attorney about your visit and started throwing out phrases like "conflict of interest," and "abuse of power.
" Danforth chemical is the one abusing their power.
They committed 12 counts of assault two.
Which is not a sex crime.
Assault two: Intentionally causing stupor by administering without consent "Intentionally" means you're gonna have to prove intent.
That company treated those people like lab rats.
And I'd like to stick it to the EPA too.
Okay, even if you had a case, the federal government and its agencies have blanket immunity.
And Diego Benitez has follicular lymphoma.
Who do we hold accountable for that? You are thinking like a victim, Liv.
If you were thinking like a cop, you'd realize it's not that simple.
And neither was Tuskegee or Willowbrook.
This is no different.
Those people sprayed poison.
Those people didn't spray it.
Seth Millstead sprayed it, and he's dead.
Now, if you want to charge Danforth chemical, you're gonna have to prove that their chemical caused Diego's cancer.
I can't testify that pesticide caused Diego's cancer.
Why not? 'cause it's almost impossible to prove.
For starters, Diego Benitez is the only person in the building with follicular lymphoma.
But he and the other kids were exposed to that stuff every day for two years.
And to asbestos, lead paint, cockroach and rodent droppings.
All the amenities of substandard living conditions.
So any of those things could have made him sick? Or any combination.
Or none of the above.
We just don't know.
Cancer is a complex multi-step process involving environment and genetics.
Even if I found ten people in that same building with the same disease, I'd be telling you the same thing.
I thought the joint would be empty.
I thought the doctor said you had to be on house arrest for two weeks.
I can't stay away.
It's almost midnight.
I didn't want Cragen to see me.
Yeah, I know the feeling.
He rip you for your visit to Danforth? Ah, I see word travels fast.
Well, you know me.
I got spies everywhere.
Are you sure you want to do this to yourself? So you think that I should give up too? No, I think what you're doing is great.
And it's wonderful to be passionate about Well, it's easy to be passionate when you're one of the victims.
Well, at least you've got the guts to admit it.
But what do you tell victims? Get help.
But the problem is, you're not following your own advice right now.
What do you mean, "get help"? You want me to hire a lawyer? If I sue this chemical company, they will bury me in paperwork for the next ten years.
The kid could be dead by then.
Elliot, I don't even know what made us sick.
It's proprietary information.
Ways to find out.
What does that mean? It means sometimes the only way to beat someone in a dirty fight is to get right down into the gutter with them.
You want me to what? Please don't make me ask you again.
You worked in computer crimes.
Why don't you do it yourself? I would if I could.
I wasn't there long enough to learn.
I never figured you for someone who'd break the law.
I'm desperate.
This is the only way that I can get what I need.
Why not just get a subpoena? I've tried playing fair, and I got nowhere.
I need this information to get the subpoena.
And it's worth losing our jobs and going to prison? I know what I'm asking you to do.
And there will be no hard feelings if you say no.
But it will help me prove that a very big company is intentionally poisoning little kids.
So, yeah, I think that's worth it.
DANFORTH CHEMICAL 253 MADISON AVENUE MONDAY, JANUARY 15 - I'm in.
- It had to be in the men's room.
Well, I have a signal and nobody can see us.
What are you looking for? The names of any experimental pesticides in the testing stage.
- Uh-oh.
- What is that? Wireless intrusion detection.
Companies use it to prevent industrial esponiage.
They know we've hacked in.
Hold on.
They know where we are? - Not yet.
- Well, please hurry.
No pesticides in the testing phase.
But there's one awaiting EPA approval.
What now? They're tracking my wireless signal.
Closer they get, the faster the beeping.
How soon till you get a name? Please.
Got it.
Zilithion.
Shut it down.
- Okay.
- Let's get out of here.
You go first.
Tell Munch I'm ready.
Oh, I'm sorry.
I thought this was the ladies room.
Mr.
Hanley.
/ You can't, uh, he's in a meeting.
You, you can't go in there.
/ Then maybe the price of the stock will go up.
Personally, I'd bet on a bear market.
What is this? Who are you? Police, Mr.
Hanley.
You're under arrest.
Excuse me? On what charge? - 12 counts of assault.
- Assault? With your company's experimental pesticide Zilithion.
I'm not a criminal! But what your company does to kids is criminal.
Fit for the cover of GQ.
We're done.
No.
You're done.
You're all done when my attorney gets here.
And until he does get here, you can enjoy the hospitality of our prisoner lounge.
With them? Isn't there someplace else? Preferential treatment for a plutocrat? We'd all lose our jobs.
You're gonna lose it anyway.
Roger, are you okay? All right, get me out of here, Charley.
First we're gonna get rid of the media circus waiting outside.
Media circus? The one these detectives put there to harass you.
Oh, we don't do perp walks for the press any more.
It's against department policy.
- Then who called them? - It could've been anyone.
This place has more leaks than a 100-year-old water main.
I want to see your ADA.
Now! You rang? Enjoy your little practical joke 'cause it's about to explode in your faces.
Oh, I'm sorry, Charley, but the only thing bursting in here is your bubble.
Well, when I talk to the district attorney He'll tell you that he approved everything, right down to the warrant for your client's arrest.
I didn't assault anyone.
Sure you did.
Me and 11 other people in that Washington heights slum where you tested your Zilithion.
If Danforth chemical ran any tests, I can assure you they had signed releases.
Oh, you mean this pile of crap, where your pesticide is referred to as a "drug"? My company's done nothing wrong.
No, you don't think there's anything wrong with poisoning little children? How do you people sleep at night? You didn't even get permission from the foster family with the three mentally handicapped kids.
That's not against the law.
'cause you slithered through the loophole in the EPA regulations.
You used those kids as lab rats.
You can't prove Mr.
Hanley had direct knowledge of any of this.
Really? Well, then the subpoena that we served on your IT department this morning shouldn't turn up any incriminating emails.
Yeah, that's right, Mr.
Hanley, you're going to jail.
Unless you agree to our terms.
Are you trying to blackmail me? What terms? This little boy breathed your poison for two years, and now he has cancer.
Now, you are going to pay lifetime medical expenses for him, his mother, and the rest of the tenants in that building where you tested your nerve gas.
And in return? We drop all the charges, we blame everything on your research company, and we say publicly that you're cooperating with our investigation.
And the media circus outside goes away.
Don't marinate on it too long, gentlemen.
This offer has a half-life of ten seconds.
MERCY GENERAL HOSPITAL PEDIATRIC CANCER WARD 365 WEST 32ND STREET TUESDAY, JANUARY 16 You will have to sign an agreement that you won't ever tell anyone what happened.
But I can take care of my son now.
He looks like his father.
I hope he can be strong like him.
He will be.
He has a strong mother.
Wait.
He should say good-bye.
No.
That's okay.
Let him play.
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 want her now! I don't know.
You read two, sum-up and the desk map.
She's mine.
Not matters.
Sombody help this kid.
Why don't we just shoot him? Munch, help the kid! Let me go! / He's unconscious.
Somebody call EMS.
- Get off of me! - I got him! Watch out.
He's high on PCP.
I'm coming for you, Barbie! How dare you hit the erotic God of love.
No mortal can keep us away! I came to get her back.
Barbie's gone.
Put the chair down.
Don't make me hurt you, lady.
- Last chance.
- You're just jealous of her beauty.
Barbie, I love you! You're my Hit the cuffs on him! - How bad? - Deep cut in his arm.
Tell EMS we got an officer down! Where are you taking him? - They're all going to Bellevue.
- I'm gonna ride along.
Anybody belong to this? The kid that Cupid knocked down was carrying that.
It's addressed to the special victims unit.
What is it? Kiddie porn.
Memory card from a camera.
It's a little late for Christmas.
Who's playing Santa Claus? Well, it's a secret.
Note just says, "please put this sick bastard away.
" You'll feel a slight pinch, and then in a few seconds your arm will be numb.
It's already numb.
Hey, captain.
- How you feeling? - Like a million bucks.
That's what happens when you get hit by a bus.
Speaking of which, where's lover boy? He's in the prison ward in steel restraints.
Is he gonna be okay? The glass came close to severing his radial nerve.
He's lucky I'll be ready for work.
Not until you regain full feeling in your arm and hands.
Puts you on the DL.
You're gonna put me on the DL with our caseload? Elliot, I'd rather lose you for a few weeks than go to your retirement party.
How's that kid Taylor doing? Fin's talking to him now.
What happened? / You picked the wrong time to get off the elevator.
A guy on a PCP rage took you out.
- Where? - At my office, special victims unit.
Do you remember why you were there? The envelope Relax, I got it.
Was it yours? No.
Some guy on the street gave me 50 bucks to drop it off.
What'd he look like? He had on some shades and a big winter jacket with the hood up.
He say why he didn't drop it off himself? No.
The guy said Ulysses was the only explanation I needed.
You still got Ulysses? Oh, man.
I knew it was too good to be true.
The bill was too beat up for the lab to lift any prints.
What about the envelope? Three sets of prints.
Mine, Munch's, and the delivery boy.
No DNA on the glue.
Then the informant was smart enough not to lick the flap.
The only other prints we got came from the photos themselves.
The prints are not in the system, but I have a feeling that our anonymous tipster's are.
It would explain why he went to so much trouble to stay under the radar.
But why not give us the perp's name? Maybe somebody afraid of the perv doesn't want him to come back on him, like a previous victim.
Or the victim is being abused by a family member, somebody else in the family finds the photos, turns them in anonymously to avoid retaliation.
After editing out the really nasty ones.
There's not one shot of that kid naked or performing a sex act.
Maybe that's why he included the memory card, he thought there'd be more pictures on it.
TARU called.
Nothing more hard-core than these.
Well, when I was in computer crimes, we used digital image recovery software to restore deleted files.
Bet that would work on the memory card.
TECHINICAL ASSISTANCE RESPONSE UNIT ONE POLICE PLAZA MONDAY, JANUARY 8 One Police Plaza Program found a couple of Jpeg files on your memory card that had been erased.
Naked pictures of the kid? All I saw were a bunch of doors.
Doors? / Actually one door, taken from different angles.
Can you blow that up? Sure.
- I don't see an address.
- Or the faces of any of the installers.
Hold on.
Wait.
Go back to that last one.
Look, the window caught a glimpse of a truck passing by.
Let me clear that up.
"Empoli bakery.
" No time or date stamp.
That's where the exif data comes in.
- Exif? - Exchangeable image file, records the date and time an image is taken, and the make and model of camera.
All these images, including the porn, were shot with a photopro 600 digital camera.
And that Empoli bakery truck passed your mystery address last Tuesday afternoon at 1:46.
So my next stop was over by Columbia pres, and I went down here.
It's a dangerous block.
You usually go this way? No, sir.
I got held up last year, and the bastards broke my arm.
But there was a water main break on Fort Washington last Tuesday.
whoa, whoa, whoa.
Pull over.
/ Where? Over there.
- Feel free to grab a snack.
- Thank you.
No problem.
Wait up.
Hey.
Got you a donut.
Thanks, but I'm good.
- Hey, can I have one? - Sure.
- What's your name? - Kevin.
- All right, Kevin.
- Yo, what are, what are you doing? Giving the little boy a donut.
Why you wanna give the kid a donut? Why do you have a problem with us giving him a donut? Oh, all right, cop's best friend.
Come on.
It's raining out here.
Let's go inside.
About time you people showed up.
Somebody call the police? You're here about the break-ins, right? That's why you're here, right? Yeah, our precinct sent us over.
They sent you over to this dump? This place is ridiculous, man.
Third time this month somebody broke in.
Ridiculous.
When was the most recent burglary? I don't know, like, the night before last.
- How come you guys don't know that? - We're too busy eating Your super around here? My super? He's in his hole in the basement.
His name's Seth Millstead.
Is he on top of what's going on? I don't know if he's on top of it, man, but he was yelling about it 'cause the crib they busted into last time was his.
Ridiculous.
- Don't you people communicate? - All the time.
Yeah, well, then you should already know that nobody broke in here.
Well, those marks on your door say otherwise.
So do some of your tenants.
- Which tenants? - That guy out front, for starters.
What? The wax man? He can barely put two words together, he's so strung out.
You mind if I take a look around? Make it quick.
Mr.
Millstead, there was a call to 911 two nights ago reporting a burglary to this apartment.
Patrol sent two cars.
Yeah, and like I told those cops, I was taking out the garbage, I forgot my key ring, and the only way I could get back in here was with a crowbar.
Well, most people would use a locksmith.
For what those bloodsuckers charge? It costs less to replace the door.
I understand exactly how you feel, Mr.
Millstead.
If you have any more problems, make sure to call us.
Why'd you pull me out? / Millstead's lying and we got no search warrant.
- For what? - For his digital camera.
Same make and model took the pictures we got sent.
Whoever's been doing those break-ins got more than they bargained for in Millstead's place.
Yeah, his kiddie porn.
We've got ourselves a burglar with a conscience.
I don't buy some burglar risking prison time to be a good Samaritan.
It explains why he made sure we wouldn't find any prints or DNA on the envelope or pictures.
Who reported the break-in? Anonymous caller, pay phone four blocks away.
Perp probably stopped to eyeball the take he got from Millstead's apartment and saw the pictures.
Right, and instead of dumping them into the nearest garbage can, he called the cops.
Well, just 'cause a guy makes a living breaking into people's apartments doesn't mean he likes kiddie porn.
Okay, so he pays a kid to deliver the evidence.
Why report the crime he committed? 'cause he wanted to make sure we'd track those pictures back to Millstead.
Well, maybe he should've given us a little bit more to work with, right? Like the address? 'Cause it was just dumb luck we found it.
There's no way he could've known those doors were on the memory card.
Why take these pictures to begin with? To prove to the city that the work was done.
They were installed to save the landlord from a whopping fine.
- For what? - Safety violations.
Before last week, there were no doors on the front of the building.
There were ten burglaries in the last year.
So other than letting the building fall apart, does Millstead have a record? No.
No nothing, no priors.
Just means nobody caught him taking his naughty pictures.
John, does this kid live in the building? Apartment A6.
His name is Diego Benitez.
Oh, you're late 'cause you were doing something useful? Yeah, I was showing his picture to the local elementary school principal.
Emergency contact is his mother, who's probably serving lunch as we speak.
TENERIO'S CAFE 835 FORT WASHINGTON AVENUE TUESDAY, JANUARY 9 The school didn't call me.
Is Diego hurt? He's okay.
Why don't you step down for a second? Look, the reason that we're here is we believe that your son may have been sexually abused.
By who? We're not sure.
Are there any adults close to him? His teacher and the guy who watches him when I work my other job, but they would never touch him.
Has your son said anything to you, been acting strange lately? I'll talk to him.
He'll tell me.
Actually it's best if we talked to him.
No.
No, no, no.
I swear, I can get my boy help.
And when he tells me who's hurting him, I'll make sure he's far away from them.
I can handle it.
Your son's attacker took these photos.
They may already be on the internet.
The only way to handle it is for us to arrest him.
I gotta go.
Something's got her spooked.
Maybe she knows that it's Millstead, and she's afraid of him.
Maybe she's doing him and trying to protect him.
I didn't get that vibe from her.
What we didn't get was permission to talk to her son.
Now what? Well, we try to find our 911 mystery caller.
Munch should have the tape by now.
Okay, listen to me.
This is ridiculous, but somebody broke into an apartment - You hear me? Hello? - Is anyone still in the apartment? Sir? Sir? Unfortunately, that's it.
That voice sounds familiar.
Yeah, like a guy who likes little boys and cotton swabs.
You gotta do that in front of us? I have a cerumen problem.
You're gonna have a face problem if you don't stop.
- What the hell is cerumen? - Ear wax.
See? He knows.
I make too much of the stuff.
It blocks up my auditory canal.
- Then what you need is a hearing test.
- Hey, back off! Somebody broke into an apartment - I'm not deaf.
- That's you talking to the cops.
I was just being a good citizen.
How did you know about the burglary in the basement? Aw, this is ridiculous.
I, I was home.
On the fifth floor, you heard somebody bust into an apartment through five slabs of concrete with a cerumen problem? I must've been having a good ear day.
Where did you find this looney tune? Hanging out in the front of Millstead's building.
His real name is Raymond Nesbit.
He's got a long sheet of arrests for heroin possession.
Currently on parole after doing 21/2 up at Fulton.
Hard time on a possession collar? No.
Burglary two.
I guess old habits die hard.
You know Diego Benitez? I watch him after school while his mother works.
You into little kids? "Into"? No, no, no, no.
Do not try to pin no kiddie diddling on me.
So Diego told you he was abused? You got voices in your head? 'Cause I didn't say that out loud.
- This is ridiculous, gentlemen.
- Look, we don't speak your dialect of crazy, okay? So talk to me straight Did Diego ever tell you he was with Seth Millstead? Yeah.
But not that he diddled him.
Then what? This perverted freak took pictures of this little boy in his underwear.
His skivvies.
These pictures? Where did you get those? Messengered over by some good citizen.
Probably by the same guy who broke into Millstead's apartment.
Do you have any idea who that might be? If I was him, and I'm not him, I'm not saying that, I'm saying if I was him and I decided to stick around, I'd keep my mouth shut.
You know, unless I was assured I'd skate on certain crimes I did.
What crimes? Ten burglaries in that building in the year since the wax man came home.
All with the same M.
O.
as the Millstead job.
Crowbar entry, place torn apart.
And he only takes cash, probably to feed his heroin habit.
Well, I guess that makes it okay then.
You got a plan B, counselor? Yeah, bust him for the parole violation and send him back Upstate where he belongs.
And get the victim to talk.
We're not gonna get the victim to talk, Casey.
We can't get parental consent.
He's the only one who can swear that kiddie porn was in Millstead's apartment, which he's not gonna do unless we make him a deal.
What if he commits an assault or a murder and the media finds out that we had him and we let him go? You want to take that chance? That's what I thought.
So what do we tell Mr.
Hygiene in there? He confesses to the Millstead burglary and taking the kiddie porn, he walks on that crime only.
He's not gonna go for it.
And we need a warrant to get into Millstead's apartment.
Well, then give me something.
Besides the camera.
Hold on.
The memory card.
It has the images of Diego and the front doors.
Now, is that enough? It's iffy, but I could try judge Ahearn.
She has a kid around Diego's age.
- Police! Search warrant! - What the hell? Seth Millstead, you're under arrest for possession of child pornography.
What are you talking about? About you re-writing history, lying about somebody breaking in here.
- Look, I got nothing to hide! - Sure you do.
Those pictures you took of a little boy in his underwear.
Underwear? It doesn't sound like any kiddie porn I've ever heard of.
Anyone can see that's kiddie porn.
You must have X-ray vision.
There is not one image of genitals or a sex act.
You're right.
They must be family photos.
Here, my 4-year-old daughter in her two-piece.
Based on your definition, this is child pornography.
It is if you try and sell it to a pedophile.
Your honor, if it looks like a duck and quacks like a duck It's pornography.
Look, Justice Stewart said he couldn't define it, but he knew it when he saw it.
And US vs.
Dost requires the law determine what the child is wearing how he/she is dressed, the intent of the image And whether the child is naked or engaged in a sex act.
And the boy in those pictures is not.
Mr.
Zeirko, I'm not giving some pervert a free ride without further researching Ms.
Novak's points.
I'll give you my ruling tomorrow.
If you don't want this arrest voided on a bad search warrant, Ms.
Novak, I'd get a statement from the victim.
What do you want? We arrested Seth Millstead last night.
Does he think I talked to you? You don't have to be afraid that he's gonna report your illegal status.
I know.
Your green card expired last year.
Please.
Please don't send us back to Honduras.
Did he threaten to turn you in, is that what happened? Yes.
But Diego was born here.
Jennifer, I'm not here to report you.
I want to protect your son.
Okay.
Come on.
Hey, Diego.
I'm Olivia.
- Hi, Olivia.
- I'm a police officer, and I'd like to ask you a couple of questions if that's okay.
You have a big day? - No.
I'm just tired.
- Yeah.
I need to ask you if, uh, if you've ever seen this.
No.
Can you tell me who took it? I don't know.
Okay, Diego, this is really important.
I need to know if somebody asked you to pose for this picture? I don't remember.
Are you okay? Yeah, I'm feeling a I'm just feeling a little hot.
I'll get you some water.
Now, Diego Diego? Jennifer? Jennifer? Jennifer? Jennifer, come on.
Help! - What is it? - I need help! - Get out of the building.
- What? I'm a cop.
Call an ambulance.
And get out.
Get everyone out! Last radio call I heard said 12 people.
- Jennifer, Diego, Olivia - And the other two apartments.
Family of four in one, three mentally disabled kids and their foster parents in the other.
Patrol has evacuated the building.
Emergency service's are looking for any other victims.
HAZMAT's ready to go in.
How bad are the victims? We don't know yet.
Everybody but Olivia is at the ER or on their way there.
I'm not going anywhere.
I'm telling you, I'm okay.
We don't know what made you pass out.
Give me the release paper to sign.
Is there a problem here? - She's refusing medical care.
- Well, you must have heard wrong 'cause detective Benson wouldn't violate procedure.
I don't need to go to the hospital, captain.
HAZMAT's ready to go, captain.
Take her.
Restrain her if you have to.
These people can't stay out here all night.
Is somebody making arrangements for them? Red cross is setting up a temporary shelter at the school around the corner.
We know anything yet? Only that we're lucky.
We could've had a lot more sick people on our hands.
Why don't we? 'Cause Olivia had the presence of mind to vent the Benitez' apartment and tell everyone to get out.
Is she gonna be okay? You're awake.
You have strong vital signs.
I want to go home.
Home, home! It's okay, Suzy.
You'll go home soon.
No, now! Home, home, home now! Were they in the building too? They, and a third mentally handicapped kid with their foster parents, and another family with two children.
Are they gonna be okay? Well, they were exposed for a lot longer, so they took a bigger hit.
A bigger hit of what? Poisonous vapors in the apartment.
We were poisoned? Don't know yet.
But this'll tell us.
That looks like a radar gun.
It's a photo ionization detector, also known as a gas sniffer.
Standard equipment in the war on terror.
We stumble on a terrorist lab? We'll know in a few minutes.
First stop's the basement.
TARU's rigged me with a camera and audio.
They're setting up a monitor by the HAZMAT truck if you want to watch I'll call the hospital and check on Liv while you finish suiting up.
I want a tox screen, blood gas.
Let's get some more O2 on her.
What do I still need oxygen? Bring up your oxygen saturation.
I'll be right back.
- Left arm okay, detective? - Yeah.
You have good veins.
Where are they taking Diego Benitez? Up to pediatrics.
I'm getting a positive reading for VOCs Translation? Volatile organic compounds.
- This building is full of surprises.
- So's your garage.
There's VOCs in paint thinner, gasoline, benzene, old floor wax O'Halloran, over here.
What'd you find? You're not gonna believe this.
Check this out.
Wow.
Wow what? This is a 95-gallon overpack container.
They're designed to transport nuclear waste and to contain 55-gallon drums that are leaking hazardous chemicals.
Can you tell what's inside it? Uh, no markings.
But the PID's reading positive for organophosphates.
Your blood work shows that you have half the normal amount of cholinesterase.
What is that? / It's an enzyme that helps regulate the nervous system.
The levels drop when you've been exposed to organophosphates.
So will it get better? I'm gonna give you a shot of atropine.
It's an antidote.
Unless you've been exposed long term, you should be okay in about 24 hours.
So I can go now? / No.
I'm gonna have to keep you here overnight.
Maybe we'll find out which type made you sick.
We've got a problem.
The sniffer's reading this organophosphate as unknown.
We've got to notify the EPA, terrorism task force and homeland security.
Homeland security? We got a sleeper cell in this place? Remember the Tokyo subway attacks back in '95? The terrorists used sarin gas.
Sarin is one of the deadliest OPs around.
You're talking about nerve gas? Right, so we're gonna leave this alone and check levels in the three apartments where the tenants got sick.
Jennifer.
They say you saved us.
Is Diego all right? No.
They did tests.
They found cancer in his blood.
Cancer? Did they say what caused it? No.
No.
We found traces of the same OP on the heaters in all three apartments.
- How'd it get there? - It must have been sprayed on them.
And when the heat came up, the stuff volatilized and went into the air.
Why those three apartments and not the rest of the building? No idea.
We'll know more when we figure out what this stuff is and where it came from.
I know just who to ask.
RIKERS ISLAND FRONT DESK WEDNESDAY, JANUARY 10 - You sure? - Do I look sure? Eh.
Yeah, Mitch.
I got an NYPD out here, needs to see Millstead.
Supervisor says you're gonna have to wait.
Until what, he pretties himself up? Oh, now that's funny.
What are you doing here? I'm here to see your client.
Figures they'd notify you before his own attorney.
About what? I got the call an hour ago.
Said he was in the yard for his daily exercise, and there was a pileup.
When they finally got everybody off him, there was a sharpened toothbrush sticking out of his rib cage.
You have a suspect? About a dozen of them.
Couldn't have happened to a nicer guy.
Doc Warner said whoever shivved Millstead had good aim.
Got him in the ascending aorta.
Took him less than a minute to bleed out.
Then our only lead on the toxin died with him.
We got any word from the scene? Homeland security and the fibbies took over.
They also want everything we got on Millstead's kiddie porn.
Can't think of a reason not to give it to them.
So that's it? We're done? HAZMAT confiscated my clothes.
You could have gone home.
Not till I find out what happened to me.
We may not know for a couple of days.
And it's over for us anyway.
You may want to wait and see what else we found in Millstead's apartment.
Okay.
The three words today are ball, clock, elephant.
Got it? That's Seth Millstead's voice.
Ball, clock elephant.
What is this? One of two dozen or so mini-DV tapes, crime scene found underneath a loose floorboard in Millstead's apartment.
If that boy's about to be abused on camera, I don't need to see it right now.
Relax, counselor.
These tapes are G-rated.
How're you feeling today, kid? - Better than last week.
- Well, that's good.
What's up with school? The teacher says I'm not doing good.
Did you do okay on that math test? I don't remember.
Can I go now? First hit me with those three words.
Hippo pen light? That's great, kid.
We'll do it again next week.
That's it? Not exactly.
We got over 200 sessions with Diego and the other three kids who went to the hospital last night.
Any idea what it's about? I didn't get it either until I started digging into payments.
He's been getting quarterly checks for almost two years from this company.
"E-H-D associates, incorporated.
" What do they do? Research for chemical companies.
Their offices and bank accounts mysteriously disappeared from the planet two days ago.
That has something to do with these tapes? Don't you see what's happening? That stuff in Millstead's basement, it's not some weapon of mass destruction.
It's an experimental pesticide.
Some big chemical company is paying Millstead to test it on Diego and the other kids in the building.
They're using them as guinea pigs.
And those tapes are evidence of what the long-term affects are on them.
Leave it to the prince of paranoia to take it up a notch.
This is way out there even for you.
Really? Then why does it show Millstead as a consultant on the check? No, this time Munch isn't crazy.
You think some chemical company poisoned these people? Wouldn't be the first time.
Chemical companies have been testing pesticides on people for years.
And the government just allows this? The government tried to do it too.
They were going to pay poor families down in Jacksonville, Florida, to videotape the effects of pesticides on their children.
They only canceled the study 'cause of protests from the public and their own scientists.
After that, the EPA prohibited all direct testing on pregnant women and children.
So how did this company get around the regulations to poison us? Through a loophole called "observational testing.
" What's that? You're having your place sprayed for bugs, they're allowed to test your kids to see how it affected them.
So Millstead sprayed the building with poison and then videoed what it did to Diego and the others.
And took these still photos.
So this isn't kiddie porn.
It's part of his sick experiment.
Look at how they're shot.
I think Millstead took them for evidence of toxicity to show whether the children developed skin rashes from this pesticide.
What poison are we talking about? The pesticide manufacturer has to submit all research data to the EPA for final approval.
We've checked.
We have no idea what the chemical is.
Then who does? The company that made it.
We only deal with them when they give us their final results.
And it looks like this study wasn't complete.
Yeah, 'cause a bunch of kids almost died.
Look, detectives, I don't have to answer to you.
I assure you, the EPA's hands are clean on this.
Yeah, clean like they were with cheers? We didn't spray people.
No, you waved a thousand bucks around some poor folks in return for exposing their kids to poison.
We only took people who were already using the stuff.
Now, get your hands off of me.
Yeah, I bet you volunteered your kids.
It's not about my kids.
No, it's about exploiting the poor and the desperate 'cause they don't matter.
The poor and desperate are the ones most affected by rodents and parasites.
Parasites like the chemical companies that do this while you look the other way.
We don't condone what happened here.
But you're responsible, 'cause your regulations allow those chemical makers to do what they want.
According to ethical guidelines and established rules and regulations.
Which everybody seems to ignore, 'cause I bet the research company didn't even bother to get permission to test those people.
You underestimate them.
There's no way they'd open themselves up to a multi-million dollar lawsuit.
I guarantee you, they cover themselves.
Did you give them permission, Jennifer? Mr.
Millstead said if I signed the form, we could get money.
How much? A hundred dollars every few months.
And what did you have to do? Let Mr.
Millstead spray the drug in the apartment.
Hold on.
They told you that it was a drug? Yes, one that could keep the roaches away from us.
They never said that it was poison? They never said it was a pesticide? No! He said it was safe.
But it wasn't.
Jennifer, it wasn't your fault.
You didn't know.
He probably knew that it was poison for roaches.
The doctor says he's going to need chemo.
What am I gonna do? I have no medical insurance, no money.
How am I gonna pay for this? Jennifer, the form that you signed, did Mr.
Millstead give you a copy? Yes.
In my apartment.
Somebody should get the EPA to clean this up for when Jennifer and Diego come home.
Got it.
Here it is.
That's a lot of pages.
They expect some poor, undocumented immigran who barely speaks English to get through that? There's no way.
It's written in such legalese, I can't even understand it.
Listen to this.
"Forever indemnifies E-H-D associates, "its worldwide subsidiaries, and satellite corporations in the US" "from any and all liability.
" Does it say who hired the research company? Here we go.
"Waiver of liability shall also extend to Danforth chemical, inc.
," "Which corporation has contracted E- H-D associates" "to carry out the study described herein.
" Danforth chemical.
Sons of bitches pay some subcontractor who takes the lowest bid to do their dirty work.
I don't care if they're in the Fortune 500.
They're not getting a waiver of liability on this one.
DANFORTH CHEMICAL 253 MADISON AVENUE FRIDAY, JANUARY 12 Can I help you? Mr.
Hanley? No, I'm Charley Moss.
I represent Danforth chemical.
Well, I'm here to speak with the company CEO, Roger Hanley.
With regard to what? The chemical that your company sprayed at 957 Fort Washington avenue.
Well, I'm sure Mr.
Hanley doesn't know anything about that.
And he's not available anyway.
I'm sure he is available.
He just doesn't have the guts to deal with me himself.
And your interest in this, miss Detective, Mr.
Moss.
Detective Benson.
And my interest in this is that the poison that your client sprayed almost killed me.
You showed your badge to the security people downstairs.
- Is that how you got in? - I did.
What does that have to do with this? Well, you're here on personal business, which means that you entered the building under false pretenses.
Eleven other people were also poisoned by your company's product.
Which product exactly? That's what I'm here to find out.
Well, unless you have a subpoena, I'm afraid I can't help you.
Now, I suggest you leave the building.
- Let's go.
- You touch me again, and I will collar you for assaulting a cop.
You should listen to him unless you want me to call the police and have you arrested for trespassing, miss Benson.
I'm sorry, Liv, but there's nothing I can do.
It's over.
Well, I'm not gonna stop.
- Okay, then hire a civil attorney.
- This isn't about money.
I am talking about your career in a flaming, downward spiral.
Look, Charley Moss called his friend the district attorney about your visit and started throwing out phrases like "conflict of interest," and "abuse of power.
" Danforth chemical is the one abusing their power.
They committed 12 counts of assault two.
Which is not a sex crime.
Assault two: Intentionally causing stupor by administering without consent "Intentionally" means you're gonna have to prove intent.
That company treated those people like lab rats.
And I'd like to stick it to the EPA too.
Okay, even if you had a case, the federal government and its agencies have blanket immunity.
And Diego Benitez has follicular lymphoma.
Who do we hold accountable for that? You are thinking like a victim, Liv.
If you were thinking like a cop, you'd realize it's not that simple.
And neither was Tuskegee or Willowbrook.
This is no different.
Those people sprayed poison.
Those people didn't spray it.
Seth Millstead sprayed it, and he's dead.
Now, if you want to charge Danforth chemical, you're gonna have to prove that their chemical caused Diego's cancer.
I can't testify that pesticide caused Diego's cancer.
Why not? 'cause it's almost impossible to prove.
For starters, Diego Benitez is the only person in the building with follicular lymphoma.
But he and the other kids were exposed to that stuff every day for two years.
And to asbestos, lead paint, cockroach and rodent droppings.
All the amenities of substandard living conditions.
So any of those things could have made him sick? Or any combination.
Or none of the above.
We just don't know.
Cancer is a complex multi-step process involving environment and genetics.
Even if I found ten people in that same building with the same disease, I'd be telling you the same thing.
I thought the joint would be empty.
I thought the doctor said you had to be on house arrest for two weeks.
I can't stay away.
It's almost midnight.
I didn't want Cragen to see me.
Yeah, I know the feeling.
He rip you for your visit to Danforth? Ah, I see word travels fast.
Well, you know me.
I got spies everywhere.
Are you sure you want to do this to yourself? So you think that I should give up too? No, I think what you're doing is great.
And it's wonderful to be passionate about Well, it's easy to be passionate when you're one of the victims.
Well, at least you've got the guts to admit it.
But what do you tell victims? Get help.
But the problem is, you're not following your own advice right now.
What do you mean, "get help"? You want me to hire a lawyer? If I sue this chemical company, they will bury me in paperwork for the next ten years.
The kid could be dead by then.
Elliot, I don't even know what made us sick.
It's proprietary information.
Ways to find out.
What does that mean? It means sometimes the only way to beat someone in a dirty fight is to get right down into the gutter with them.
You want me to what? Please don't make me ask you again.
You worked in computer crimes.
Why don't you do it yourself? I would if I could.
I wasn't there long enough to learn.
I never figured you for someone who'd break the law.
I'm desperate.
This is the only way that I can get what I need.
Why not just get a subpoena? I've tried playing fair, and I got nowhere.
I need this information to get the subpoena.
And it's worth losing our jobs and going to prison? I know what I'm asking you to do.
And there will be no hard feelings if you say no.
But it will help me prove that a very big company is intentionally poisoning little kids.
So, yeah, I think that's worth it.
DANFORTH CHEMICAL 253 MADISON AVENUE MONDAY, JANUARY 15 - I'm in.
- It had to be in the men's room.
Well, I have a signal and nobody can see us.
What are you looking for? The names of any experimental pesticides in the testing stage.
- Uh-oh.
- What is that? Wireless intrusion detection.
Companies use it to prevent industrial esponiage.
They know we've hacked in.
Hold on.
They know where we are? - Not yet.
- Well, please hurry.
No pesticides in the testing phase.
But there's one awaiting EPA approval.
What now? They're tracking my wireless signal.
Closer they get, the faster the beeping.
How soon till you get a name? Please.
Got it.
Zilithion.
Shut it down.
- Okay.
- Let's get out of here.
You go first.
Tell Munch I'm ready.
Oh, I'm sorry.
I thought this was the ladies room.
Mr.
Hanley.
/ You can't, uh, he's in a meeting.
You, you can't go in there.
/ Then maybe the price of the stock will go up.
Personally, I'd bet on a bear market.
What is this? Who are you? Police, Mr.
Hanley.
You're under arrest.
Excuse me? On what charge? - 12 counts of assault.
- Assault? With your company's experimental pesticide Zilithion.
I'm not a criminal! But what your company does to kids is criminal.
Fit for the cover of GQ.
We're done.
No.
You're done.
You're all done when my attorney gets here.
And until he does get here, you can enjoy the hospitality of our prisoner lounge.
With them? Isn't there someplace else? Preferential treatment for a plutocrat? We'd all lose our jobs.
You're gonna lose it anyway.
Roger, are you okay? All right, get me out of here, Charley.
First we're gonna get rid of the media circus waiting outside.
Media circus? The one these detectives put there to harass you.
Oh, we don't do perp walks for the press any more.
It's against department policy.
- Then who called them? - It could've been anyone.
This place has more leaks than a 100-year-old water main.
I want to see your ADA.
Now! You rang? Enjoy your little practical joke 'cause it's about to explode in your faces.
Oh, I'm sorry, Charley, but the only thing bursting in here is your bubble.
Well, when I talk to the district attorney He'll tell you that he approved everything, right down to the warrant for your client's arrest.
I didn't assault anyone.
Sure you did.
Me and 11 other people in that Washington heights slum where you tested your Zilithion.
If Danforth chemical ran any tests, I can assure you they had signed releases.
Oh, you mean this pile of crap, where your pesticide is referred to as a "drug"? My company's done nothing wrong.
No, you don't think there's anything wrong with poisoning little children? How do you people sleep at night? You didn't even get permission from the foster family with the three mentally handicapped kids.
That's not against the law.
'cause you slithered through the loophole in the EPA regulations.
You used those kids as lab rats.
You can't prove Mr.
Hanley had direct knowledge of any of this.
Really? Well, then the subpoena that we served on your IT department this morning shouldn't turn up any incriminating emails.
Yeah, that's right, Mr.
Hanley, you're going to jail.
Unless you agree to our terms.
Are you trying to blackmail me? What terms? This little boy breathed your poison for two years, and now he has cancer.
Now, you are going to pay lifetime medical expenses for him, his mother, and the rest of the tenants in that building where you tested your nerve gas.
And in return? We drop all the charges, we blame everything on your research company, and we say publicly that you're cooperating with our investigation.
And the media circus outside goes away.
Don't marinate on it too long, gentlemen.
This offer has a half-life of ten seconds.
MERCY GENERAL HOSPITAL PEDIATRIC CANCER WARD 365 WEST 32ND STREET TUESDAY, JANUARY 16 You will have to sign an agreement that you won't ever tell anyone what happened.
But I can take care of my son now.
He looks like his father.
I hope he can be strong like him.
He will be.
He has a strong mother.
Wait.
He should say good-bye.
No.
That's okay.
Let him play.