Law & Order Special Victims Unit s12e11 Episode Script
Pop
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.
Need a hand getting 'em off, ma'am? All right, buddy.
Miss, you all right? Come on, guys, let's go.
Let's go, everybody.
Let's go, kid.
Fake sleeping ain't gonna get you a free ride.
Oh.
Oh, crap.
Som-somebody call 911! - Any frantic parents report a missing kid? - No parents, no I.
D.
All we have are the clothes on his back.
- Somebody had to see where he came from.
- Unless he hopped the fence.
We'll keep looking.
- Internal body temp's down a little more than two degrees.
- So he's been dead a little over an hour.
- You're getting good at this.
- I wish I weren't.
- He's got clean clothes, new shoes.
Doesn't look homeless.
- Might have run away.
I would have.
Bruises- yellow and healing.
- How old? - As long as two weeks, Could be as little as 18 hours.
- Could he die from this injury? - I won't know till I do the autopsy.
- Well, one thing we do know: Someone beat the hell out of this kid.
Law & Order: SVU Episode: Pop 12x11 Adriano_CSI So this kid was dead on the carousel for at least an hour before the operator noticed? - He says it was crowded, And he didn't check after each ride.
The kid must have snuck on.
- We have any idea where he came from? - Uh, school safety has checked every elementary South of 96th street.
There's no reports of any kids going awol.
- Well, there's lots of after-school activities here, Plenty of cameras all around.
- Yeah, Elliot's going through the video now.
- We notify missing persons? - [sighs.]
there's nothing.
Nothing fitting Johnny Doe's description.
I mean, but it's still early, right? So the parents may not even know that he's gone.
Ah, which is what I need to be.
I've got to find the missing witness on the moran trial.
- All right, go.
We'll get this done.
- Okay.
- I will get patrol to lend us some bodies.
You and I'll split up and canvass.
- No need.
Surveillance camera caught him getting out of a cab Two hours ago- Cab number 5y62.
- Joe Gilbert? - Yeah.
- Trip sheet.
- You driving the cab all day? - Yeah.
You guys want to tell me what's up? - You didn't list all your fares.
What, you playing a little beat the meter, Joe? - No, not me.
I write 'em all down, and I remember them.
- Do you? Well, maybe you can tell us Where he got in, - That's my nephew Ethan.
Something happen to him? - Tension pneumothorax.
Broken rib punctured his lung.
Air escaped into the chest cavity Until the pressure collapsed both lungs.
- Okay, so whoever hit Ethan Broke his rib and caused his death.
It's a homicide.
- Not necessarily.
I found severe contusions and crush injuries To the muscles and connective tissues Of his hips and buttocks about a week old.
- What are you telling me? - Ethan's death could have been caused by an accident.
Until you find out, I have to rule it inconclusive.
- The mother's here.
- [sobbing.]
That's him.
Oh, no.
My baby.
- It's okay.
- [sobbing.]
my baby.
- Okay.
Okay.
- We're sorry for your loss, Ms.
Gilbert.
- Does Ethan's father know? - Uh, my brother died last year breathing dust at ground zero.
Now this.
- We're hoping you can help us figure out what happened.
Did Ethan seem okay When he went off to school this morning? - No.
He said he had a stomachache, So I kept him home.
- Ethan stayed with you last night? - I work the night shift.
Joe's been helping out.
- Boy needs a dad.
- If he was sick, why'd you drop him off in Chelsea? - I stopped home for lunch.
Ethan said he was feeling better, Asked if he could go to a birthday party Down at the bowling alley by the park, So I just dropped him off early.
- How did my boy die? - Our m.
E.
Says a broken rib Punctured his lung.
- Oh, my God.
It was him.
- Who? - A kid at school.
Two weeks ago, Ethan came home with a black eye, And he told me he walked into a door.
[sniffles.]
and I believed him.
- Till I found out it was really this kid, Blake Murphy.
- So he was being bullied.
- You know how kids are.
School made a federal case out of nothing.
Blake, get your heinie out here.
- Well, he did assault a teacher.
- And I got to take a week off from work without pay To stay home with him.
Blake! Damn it! I told you, this isn't vacation! - What the- Who are these dudes? - The police, dude.
- We're here about Ethan Gilbert.
He's dead.
- Blake, what did you do? - No, mom, I swear! - Blake, you beat up Ethan at school? - No, I didn't beat him up, but I should've, 'cause he hit me.
- Oh, Ethan was hitting you? - Yeah, the day before they suspended me, He told me he was learning how to fight So he could kick my ass.
- He say who was teaching him how to fight? - Yeah, his-his Uncle Joe.
- Can you tell us where Joe Gilbert is? - I can do better than that.
I can show you where he is.
- You got all your cabs on GPS? - Mm-hmm.
So I know they're out making money Instead of screwing around.
- Inwood hill park? He's not picking up any fares there.
- Yeah, and he won't have a job when he gets back either.
He hasn't moved in half an hour.
- Over there through the trees.
- I got Joe.
- What the hell's he paying him for? [overlapping shouting.]
- Police! Don't move! - Yeah, nice! - Hey, hey, you! Back up, back up! - Get over there! You, over there! - Hey, you, get on the car! - Get up.
- Put your hands on the hood.
- Put your hands on the car! - Nobody's breaking any laws, officer.
- What's your name, douche bag? - Hank Roberts.
You're making a mistake.
- Don't move.
Hiya, Joe.
How you doing? What's your name? You, at the end- What's your name? - Anthony barone.
- Uh-huh.
How about you? - Nicky Roberts.
- What were you two fighting about? - Nothing.
We're in a club.
We do it for fun.
How you feeling, champ? - I lost.
- Well, you got suckered.
I guess that was kind of my fault.
So you and this Anthony kid, you fight a lot? - Just tonight.
- How'd you meet him? - Pop set it up.
- Which one's your dad? - The guy in the hoodie- Hank Roberts.
Is he here? - He's in another room.
Hank seems a little young to be your dad.
- He married my mom five years ago.
He adopted me and says he gave me his name, So I have to call him pop.
- Uh-huh.
And does pop like you to fight? - Says it's toughening me up.
- They make you do it? [door opens.]
- Mom.
- What's going on here? - Mrs.
Roberts, I'm detective stabler.
- Save it.
Come on, let's go.
- Excuse-excuse me.
I'm not finished talking with your son.
- Oh, yes, you are.
Come on, let's go.
Where's my husband? - He's locked up.
- Not for long.
- Mrs.
Roberts, Your son was fighting another boy.
Your husband was betting on 'em.
- You touch me again, and I will scream.
- Let's go.
- Hey, what's going on? You're letting barone walk? - Not me-hardwicke.
Said no priors, first offense.
Told me to write him a desk-appearance ticket And cut him loose.
- Hey.
Hey.
A desk appearance? What's what? - Promoting gambling.
- Those dirtbags are forcing their sons Into bare-knuckle fist fighting.
- No, no, wait.
Did-did Nicky say Hank forced him to fight? - Look, he was scared, but we saw what we saw.
- These bozos risk their kids' lives For a couple of bucks.
- And unless it was against the boys' will, The law considers it sport.
- So cockfighting or dog fighting, They see jail time, But if there's a dead kid, they get a slap on the wrist? - Wait a minute.
What dead kid? - Ethan Gilbert.
He was ten years old.
He died yesterday on the carousel in Chelsea.
And tonight we saw his Uncle Joe Paying off Nicky's stepdad.
- Presumably because Ethan lost a fight against Nicky.
- You're saying Ethan died of injuries From this presumed fight.
- Oh, no, there was a fight.
We just have to prove it.
- I'm sorry, detective.
We didn't know we were doing anything wrong.
- Well, promoting gambling is illegal, So I'm gonna issue you a summons.
You're gonna have to appear in court.
- So all this drama for a ticket.
You could have written that two hours ago.
- No.
We have other issues to clear up.
- Yeah, like what? - Well, why don't we start With Joe Gilbert and that wad of cash That he handed over to you tonight.
- Joe owed me some money.
- Mm-hmm.
Because his nephew lost a fight to your son.
- No, I loaned Joe some cash so he could get his car fixed.
He came back over to the park to pay me back, End of story.
- Really? Because Joe is next door right now Doing an awful lot of talking Since he found out he's facing a murder rap.
- Murder? No, nobody murdered Ethan.
- You did Two nights ago when you took him to inwood park And let Hank Roberts' kid beat him down! - I wasn't even up there that night.
- Yeah? Then why does the trip sheet on your car Show 19 Miles unaccounted for on the meter? - I-I took a fare out to Brooklyn.
I guess I forgot to turn it on.
- You can't even lie like a real man.
- Ethan was my brother's kid.
I would never let anything happen to him.
- You're nothing but a pimp that made a couple of lousy bucks Watching your own nephew get beat to death! - Please stop.
- Scumbag like you Probably bet against your own nephew.
- That's against the rules.
- What rules? - The rules Of your kiddie fight club.
All your cabbie buddies Go up to the park with their sons.
Nicky kicks their butt, and you pocket an extra bit of cash? - [scoffs.]
I got the right to remain silent, don't I? - Do you say that when the cops come to your home? 'cause I got police reports.
Yeah, three 911 calls for domestic violence.
- Neighbors made those calls- never been arrested.
- No, because a guy like you knows where to punch So no marks are left, and your wife- Well, she's not gonna press charges, is she? - What are you talking about? Sandra's not scared of me.
Okay? We get along great- - Hey, buff stud, what are you, Ten years younger than Sandra? She must have thought she hit the lottery Until you started smacking her around.
Still, she sticks up for you Huh, wife beater? - You got a big mouth.
- Yeah, tough guy? 'cause I know you beat up Nicky, don't you? Unless you're watching someone else beat him up.
- I love my son.
- Is that why You whore him out as a punching bag? Come on.
Oh, look at you.
Huh? Come on, tell me.
What kind of man does that? - You should take off that gun, and I'll show you.
- I'm not wearing my gun.
- Detective stabler.
- Oh, look at that.
- Daddy's coming in to save your ass! - The ass I'm saving is yours.
Let's go.
Let's go.
- Really? You're just gonna tune him up When I'm standing right there? - You're free to leave anytime you want.
- Oh, is that how you do it? You just bait 'em and then choke 'em out? - I'm not gonna let you cut this guy off the hook.
- How about this one? - Hank didn't tell me His kid was older and bigger than Ethan.
Nicky went after my nephew.
I tried to stop the fight.
Hank held me back.
By the time I broke free Ethan was on the ground.
I didn't mean for him to get hurt.
- Arrest him for criminally negligent homicide For Ethan's death.
- And what about Hank? - We can't charge him solely on the say-so Of a co-conspirator.
Find another witness who saw the fight that night, Or let him go.
- You might as well Give him a license to beat up his wife and stepson.
- Come on, baby, let's get out of here.
- Nicky.
Hey.
- I told you, stay away from him.
- Nice meeting you.
I hope I don't see you again.
- Don't worry.
You won't.
- I'm just gonna say it once.
Stay away from him.
- I'm going home, captain.
[school bell rings.]
- Nicky.
Wait a minute.
I just want to talk to you a minute.
- Ah! - What happened? - I fell last night.
- No, you didn't.
- Just-just please leave me alone.
- Nicky, look You can't let Hank get away with this.
Sometimes words can do a hell of a lot more Than any punch.
You've got the power to stop this.
Just talk to me.
Tell me.
- He punched me in my chest When he found your business card.
- Okay.
Okay.
Come on.
- What's going on? - I don't know.
Stay here.
- Hey, hey! There he is! That's the guy.
Arrest him.
- What the hell's going on? - Stabler, you saved me the trip.
- Nicky, get out of the car.
I saw him! He beat my husband! - She's a liar.
- Funny, I believe them.
You really think I'm stupid enough To beat up a guy in broad daylight In front of his own home? - You really want me to answer that? - I didn't lay a finger on Hank Roberts.
- The captain says he saw you slam the guy into a wall.
- Your cop's got a short fuse.
I- you saw what he did to me yesterday.
- Why don't you tell me about what happened today? - Well, Nicky left for school, And I-I watched him walk down the street, as usual, And, uh, started back to the house.
And that's when that bastard came up from behind me.
- And you're sure it was detective stabler.
- Well, he threw me down to the ground.
I looked up.
It was him.
- Your partner said he was gonna teach Hank a lesson For disrespecting him, And then he kicked him in the face.
- And you saw this? - I was standing at the front door.
What-I don't got eyes? - Were there any other neighbors outside? - Oh, how the hell do I know? I want to see my son.
- So you're sticking to that story.
- What I told you is how it went down.
- This is about revenge Because I broke up his boys' fight club.
And then he brings in his battered wife To back up his lie.
- I asked where you were this morning.
- Picking up his stepson, Who can't even move his arm because he's in so much pain.
- Seems like this whole family starts hurting When you're around.
- El, you better come out here.
- He's not available, detective.
- Why do you keep lying for him? - Come on, get back here.
- Stop talking about your father this way.
- He's not my father.
- Nicky.
Nicky, what's going on.
- She wants me to lie And say that you hit me and that I saw you hit him.
- Not another word, Nicky.
- Nicky, stop this.
Without Hank, we were gonna be out on the street.
- Ma, but that's what you said about the other guys too.
I mean, at least they didn't beat you up like Hank does.
- What? I look like someone punched me? - What do I look like, mom? Detective stabler didn't do this to me.
Hank did My loving pop.
- Baby, please, tell me this isn't true.
- No, of course not.
Tell 'em, Nicky.
- Nicky said That you hit him last night.
- And he made mom hit him And say that you did it to get you in trouble.
- You're under arrest for assaulting your stepson.
- How's that feel, pop? - Take a last look.
He's no longer your meal ticket.
- Get him out of here.
- I never told my mom about the fighting.
She works a lot of hours, and I don't want her to worry.
- Mm-hmm.
So when did Hank first get you to fight? - Last year.
Picked me up at school and said we were going for a ride.
- To the park? - The other kid was already there with his dad.
They just Told us to get out on the grass and start fighting.
- No rules? - No.
- How'd you do? - Knocked him out.
And then-and then I thought I killed him Until he moved.
And then pop was smiling and- and said he was proud of me.
- What happened if you didn't win? - When I lose, pop says that it's my fault That we can't pay our bills.
Then he hits me.
And one time Some kid messed up my shoulder, and I lost.
And when we got home, Pop kept punching me in that same shoulder Over and over.
- [sighs.]
okay.
We have to talk about the other night.
Ethan Gilbert.
What happened? - [voice breaking.]
he was just a little kid.
I- I told Hank that it wasn't fair.
I told him.
He shoved me out there and said, "be a man.
" So I punched Ethan real light at first.
He went down but got back up.
And pop said that if I didn't knock the kid out That I'd get it even worse.
So I hit him a little harder, And he got back up slower.
And then pop started to cheer, "break his nose.
Get him in the eye.
" I mean, the poor kid started puking.
And pop shouted, "knock him out!" So I started pounding him.
I started pounding him, and it felt good, And I didn't know why.
And I couldn't stop it.
And then he went down.
He didn't get up.
I'm sorry.
[sniffles.]
[crying.]
I'm really sorry that he died.
- I know.
- I didn't mean to.
- What happened to Nicky's real dad? - [sniffling.]
He took off when Nicky was two.
- Did you know Hank was abusing Nicky? - He always says he's sorry.
- Until he hits him again And you.
- Hank got laid off From his construction job two years ago, And all he could find was driving a cab.
And he hates it so much.
I feel horrible for him.
- It doesn't give him the right to beat you Or your son.
- Hank's a good man deep down.
He-he legally adopted Nicky because he loves him so much.
And I know he loves me, 'cause he tells me all the time.
- They all say that, every last one of 'em.
You press charges against Hank, And we will get him out of your life and Nicky's.
- I am having his baby.
I need him! - You need to get rid of him before he kills one of you.
- I already lost one family when Nicky's father left.
I'm not gonna break up this family too.
- Docket ending 419, People versus Henry Shaw Roberts- One count each, assault in the second degree, Criminally negligent homicide, Endangering the welfare of a child.
- Busy man, Mr.
Roberts.
How do you plead? - Not guilty.
- On all counts, your honor.
And the homicide charge is a stretch.
- The defendant forced his stepson To fight a ten-year-old and bet on the winner.
What would you call the death of that child? - I'll let the grand jury decide.
Bail, Ms.
Hardwicke? - Remand, your honor.
When he's not promoting kiddie fights, The defendant spends his spare time Beating up his wife and stepson.
- My client has never been arrested, Has a steady job and strong ties to the community.
- First offense, Ms.
Hardwicke.
Can you live with $50,000 bail? - If it's cash only And comes with an order of protection for Mrs.
Roberts.
- So ordered.
Mr.
Roberts, you are not to come within 200 feet of your wife, Your stepson, or your home.
- Then where the hell am I gonna stay? - Rikers island if you violate the order, Unless you'd rather go now.
- That won't be necessary.
Mr.
Roberts will abide by your ruling.
- Then we're done, aren't we? Ten-minute recess.
- We'll get the money together, baby.
- It's okay.
No broad in a black robe Is gonna keep me from what's mine.
- If she doesn't, I will.
- We don't need a restraining order.
- Lady, he just threatened you right in front of me.
- Hank would never hurt us.
- Well, I'm gonna drive you home.
I'm gonna have a patrol car Sit outside your house all night just in case.
- How'd it go? - Sandra's the queen of denial, And Hank is a hand grenade with a loose pin.
- If cragen hadn't stepped in yesterday, He would have blown- Too bad.
- I got a son too, remember? - I hope you don't have any plans.
- Yeah? You buying us drinks? - Two-four is short-handed.
C.
O.
Is pulling the radio car off the Roberts' place As soon as we get there.
- Captain, I'll go with Elliot.
- No, I'll go.
If Hank shows, he's not setting anyone up this time.
Ah, so much for patrol waiting around.
- [sighs.]
okay, I'm gonna check, Make sure everything's all right.
[gunshot.]
- 10-10, shots fired, Send backup and a bus.
- Nicky? Sandra? - Police! Nicky? - [moaning.]
- She's alive.
- Nicky.
Nicky, drop the gun.
It's okay.
Drop the gun.
[gun thuds.]
- Mom let him in And he started beating her up.
I didn't know what else to do.
I'm sorry I let him do this to you.
- Is my baby okay? Can-can you check to see if he's moving? - We heard a heartbeat.
- I love you, mom.
- You okay? - I'm glad he's dead.
He deserved to die after what he did to mom.
- Nicky, don't say anything else.
- I don't care.
- Nicky.
- I put the gun to his head- - stop! Stop it.
[indistinct conversation.]
Unless you have a lawyer with you And he says it's okay, You cannot talk about this to anyone.
Me included.
Do you understand me? - I understand.
- Okay.
Good.
Officer Smith Take this young man down to the precinct.
I'll be there as soon as I can.
You're gonna be all right.
- It's pretty cut and dry.
The victim, Mr.
Roberts, Sustained an exit wound to the forehead.
Stippling indicates he was shot in the back of the neck At point-blank range.
I'm ruling it a homicide.
- And we're thinking it was justifiable? - Well, Nicky saw Hank beating the crap out of his mother.
He got Hank's gun And made sure the son of a bitch didn't kill her.
- But not necessarily in that order.
- You find something to suggest otherwise? - In the basement.
The slug that killed Hank Roberts Was lodged in the floor of this cabinet.
- So Hank's standing there, Nicky shoots.
The bullet goes through Hank and the door.
- Uh, only if Nicky were the jolly green giant.
- Trajectory is almost straight down.
- And Nicky's about five inches shorter than Hank.
If Hank were standing, Nicky would have to raise his arm And fire downwards.
- Hank was kneeling.
- Nicky shot this guy execution-style.
- Or Hank was already down there, Getting something from the cabinet Like this maybe.
- Was anything else in there, like a weapon? - Mm-mm.
- Then there was no imminent threat to Nicky's life.
- Did you see his mother's face? - With this family, let's see what she has to say Before we jump to any conclusions.
- Hank showed up at my back door, pleading.
I- I couldn't just leave him out in the cold.
But once I let him in, he started slugging me, Saying I was a no-good slut.
- Where was Nicky? - He came running as soon as I started screaming.
And then Hank threw him to the floor And just kept Kicking me.
That's all I remember.
- Okay, so you didn't see Nicky shoot Hank.
- No.
Why? - The evidence doesn't suggest self-defense.
- You're saying you don't believe Nicky? - We need to talk to him.
- Hank only got close to my house Because your cops took off, And you accuse my boy of lying? - Mrs.
Roberts- - And don't you go anywhere near my son.
- Nice bedside manner.
- I want the truth.
Look, after Hank went by in a body bag, Nicky said something to you.
- This isn't about what Nicky said.
This is about Hank violating the protection order.
- Hank wasn't threatening anyone on his knees When Nicky snuck up behind him and blew his brains out.
- Hank was abusing him.
Sandra looked the other way.
The boy snapped.
- Nicky's 13.
The law says I can charge the boy as an adult.
- So what are you gonna do, parade him into court, Win your brownie points with the d.
A.
? - Just do your job.
Arrest Nicky for second-degree murder.
- Do it yourself.
- I spend all day in court, And you're the one pissing off lawyers.
- So hardwicke called you.
- She thinks you're holding something back.
- Mm-hmm.
- Thought you might have told me.
I told her to shove it.
- She wants to charge Nicky with murder two.
- Is she wrong? - I don't know.
He said some things to me last night outside the house.
He's glad Hank's dead.
- It's probably the first time He's felt safe in years.
- Safe? If hardwicke has her way, The kid'll be looking at 25 to life.
- Elliot, you didn't do anything wrong.
- Tell that to me tomorrow.
I don't want to arrest Nicky.
- So fight fire with fire.
- I am not changing my mind.
Nicky is not gonna talk to you.
- He's a minor.
You need to be present When I read him his Miranda rights.
- Mom! - Nicholas Roberts, you're under arrest For murder in the second degree.
You have the right to remain silent.
If you give up that right- - no, he's not.
Sorry I'm late.
- Who are you? - Debby marsh.
Detective stabler says that you need a lawyer.
- Oh, w-well, I can't afford you.
- This is on the house.
[chuckles.]
Proud of yourself, hmm, charging a battered kid With murder two? - I'm more than open to a deal.
- Oh.
[chuckles.]
well, I'm not.
No, Nicky shot his stepfather in self-defense After years of abuse.
When they hear what that bastard Hank Roberts did, No jury is ever going to convict him.
Can you describe Nicky's state of mind When you found him the night of the shooting? - He was scared to death.
He was cowering in the corner of his basement.
The hand, uh, that was holding the gun was shaking.
I ordered him to drop it.
He did.
- Did he say anything to you? - Yes, he said That his stepfather, Mr.
Roberts, Was, uh, beating up his mother, And he didn't know what else to do.
- What did you take that to mean? - That Nicky had no choice but to stop Mr.
Roberts, Who was in violation of his order of protection, From assaulting or Killing his mother.
- And you believed him.
- Then and now, yes.
- Thank you, detective.
Nothing further.
- What else did Nicky say to you Outside the house, after the shooting? - Objection- anything my client said In response to the detective's questions Is inadmissible without a parent or legal guardian present.
- I witnessed that conversation, your honor.
If the defendant said anything incriminating, It's admissible as a spontaneous utterance.
- He's a minor and had not been mirandized.
- Objection overruled.
Answer the question, detective.
- Uh, he talked about his stepfather.
- Be specific, detective stabler.
- He said, "I'm glad he's dead.
He deserved to die for what he did to mom.
" - And then he yelled something at you.
- "I put the gun to his head.
" - No further questions.
- You may step down.
We will take a 15-minute recess.
[gavel bangs.]
- Really? You're smoking.
- You ever stop being a cop? - Well, I will once you start being a mother.
You're on the stand in ten minutes.
- I can't.
I can't do it.
- You have to.
Nicky needs you.
- You know the night that Hank was hitting Nicky In the shoulder? I watched him do it.
I felt every punch.
I knew where Hank hid his gun, and I-I wanted to go get it But I didn't.
I didn't do a damn thing to protect my son.
And I'm supposed to go in there now, Stand up in front of that jury, and tell them what- That I was a bad mother? - This isn't about you.
This is about Nicky.
- God, you just think I don't give a crap about him, don't you? - No, I think you're a battered woman Who doesn't know where to turn.
- Hank paid the bills.
He fixed the house.
He put food on the table.
He kept everything under control.
What am I gonna do without him now? - Well, now you're in control.
You have to protect Nicky.
This may be your last chance.
- Hank said I wasn't being loyal, That he was gonna make me pay for ratting him out to the cops.
- When was this, Mrs.
Roberts? - When he was beating me in the kitchen.
- Tell the jury what happened next.
Mrs.
Roberts? - I got something I wa-I want to say.
- Answer the question, Ms.
Roberts.
- I never thought you would go after Nicky.
I can't let him go to prison for something that I did.
It was me.
I killed Hank.
- Mom, no! - Ms.
Roberts.
- You're confessing to murder on the record in open court.
I'm reminding you You have fifth amendment right to remain silent.
- I don't want to remain silent! Hank was beating me! He was gonna kill the both of us.
I went and found Hank's gun.
And when he was by the workbench, I snuck up behind him, And I blew the bastard's brains out.
- Don't listen to her.
She's lying to save me.
I did it! I killed him! - No.
I did it.
- That's enough.
[gavel bangs.]
The court will be in recess till after lunch.
- Don't say any more.
- My parade just became a circus.
- Sandra Roberts murdering her husband Is entirely plausible.
- Nicky finds her about to shoot Hank.
He tires to stop her, but he's a second too late.
- Nicky grabs the gun from Sandra Who ends up across the room.
That's why we never suspected her.
- And why we never tested her clothes.
Turns out, Sandra's turtleneck Was saturated with gunshot residue And fine blood-spatter particulate.
- So Nicky didn't kill him.
- I can't testify to that.
- Didn't you just prove it to us? - I said that Sandra being the shooter was plausible, But Nicky also tested positive for gsr And had the same pattern of blood spatter.
- Okay, so either Sandra shot him, And Nicky tried to grab the gun.
- Or Nicky snuck up behind him, Put the gun to his head just as he told you, And Sandra tried to stop him.
- The only thing the evidence proves Is either one of them could have shot Hank.
- I'm screwed, aren't I? - Now you know how they felt.
You both lied to us, you and Nicky.
You've been lying to us all along, As well as your own lawyer.
- Then why doesn't she have to be here? - Ah because neither of you are being charged in Hank's death.
- Just because we can't prove which one of you actually did it Doesn't mean we don't want to know the truth.
- One of you pulled the trigger And one of you tried to knock the gun away.
- You have my word.
No one will prosecute either of you, So just tell us.
Which one of you shot Hank? - I did.
- I did.
- You're free to go.
- [chuckles relievedly.]
- We're never gonna know which one of them did it.
- Does it matter?
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.
Need a hand getting 'em off, ma'am? All right, buddy.
Miss, you all right? Come on, guys, let's go.
Let's go, everybody.
Let's go, kid.
Fake sleeping ain't gonna get you a free ride.
Oh.
Oh, crap.
Som-somebody call 911! - Any frantic parents report a missing kid? - No parents, no I.
D.
All we have are the clothes on his back.
- Somebody had to see where he came from.
- Unless he hopped the fence.
We'll keep looking.
- Internal body temp's down a little more than two degrees.
- So he's been dead a little over an hour.
- You're getting good at this.
- I wish I weren't.
- He's got clean clothes, new shoes.
Doesn't look homeless.
- Might have run away.
I would have.
Bruises- yellow and healing.
- How old? - As long as two weeks, Could be as little as 18 hours.
- Could he die from this injury? - I won't know till I do the autopsy.
- Well, one thing we do know: Someone beat the hell out of this kid.
Law & Order: SVU Episode: Pop 12x11 Adriano_CSI So this kid was dead on the carousel for at least an hour before the operator noticed? - He says it was crowded, And he didn't check after each ride.
The kid must have snuck on.
- We have any idea where he came from? - Uh, school safety has checked every elementary South of 96th street.
There's no reports of any kids going awol.
- Well, there's lots of after-school activities here, Plenty of cameras all around.
- Yeah, Elliot's going through the video now.
- We notify missing persons? - [sighs.]
there's nothing.
Nothing fitting Johnny Doe's description.
I mean, but it's still early, right? So the parents may not even know that he's gone.
Ah, which is what I need to be.
I've got to find the missing witness on the moran trial.
- All right, go.
We'll get this done.
- Okay.
- I will get patrol to lend us some bodies.
You and I'll split up and canvass.
- No need.
Surveillance camera caught him getting out of a cab Two hours ago- Cab number 5y62.
- Joe Gilbert? - Yeah.
- Trip sheet.
- You driving the cab all day? - Yeah.
You guys want to tell me what's up? - You didn't list all your fares.
What, you playing a little beat the meter, Joe? - No, not me.
I write 'em all down, and I remember them.
- Do you? Well, maybe you can tell us Where he got in, - That's my nephew Ethan.
Something happen to him? - Tension pneumothorax.
Broken rib punctured his lung.
Air escaped into the chest cavity Until the pressure collapsed both lungs.
- Okay, so whoever hit Ethan Broke his rib and caused his death.
It's a homicide.
- Not necessarily.
I found severe contusions and crush injuries To the muscles and connective tissues Of his hips and buttocks about a week old.
- What are you telling me? - Ethan's death could have been caused by an accident.
Until you find out, I have to rule it inconclusive.
- The mother's here.
- [sobbing.]
That's him.
Oh, no.
My baby.
- It's okay.
- [sobbing.]
my baby.
- Okay.
Okay.
- We're sorry for your loss, Ms.
Gilbert.
- Does Ethan's father know? - Uh, my brother died last year breathing dust at ground zero.
Now this.
- We're hoping you can help us figure out what happened.
Did Ethan seem okay When he went off to school this morning? - No.
He said he had a stomachache, So I kept him home.
- Ethan stayed with you last night? - I work the night shift.
Joe's been helping out.
- Boy needs a dad.
- If he was sick, why'd you drop him off in Chelsea? - I stopped home for lunch.
Ethan said he was feeling better, Asked if he could go to a birthday party Down at the bowling alley by the park, So I just dropped him off early.
- How did my boy die? - Our m.
E.
Says a broken rib Punctured his lung.
- Oh, my God.
It was him.
- Who? - A kid at school.
Two weeks ago, Ethan came home with a black eye, And he told me he walked into a door.
[sniffles.]
and I believed him.
- Till I found out it was really this kid, Blake Murphy.
- So he was being bullied.
- You know how kids are.
School made a federal case out of nothing.
Blake, get your heinie out here.
- Well, he did assault a teacher.
- And I got to take a week off from work without pay To stay home with him.
Blake! Damn it! I told you, this isn't vacation! - What the- Who are these dudes? - The police, dude.
- We're here about Ethan Gilbert.
He's dead.
- Blake, what did you do? - No, mom, I swear! - Blake, you beat up Ethan at school? - No, I didn't beat him up, but I should've, 'cause he hit me.
- Oh, Ethan was hitting you? - Yeah, the day before they suspended me, He told me he was learning how to fight So he could kick my ass.
- He say who was teaching him how to fight? - Yeah, his-his Uncle Joe.
- Can you tell us where Joe Gilbert is? - I can do better than that.
I can show you where he is.
- You got all your cabs on GPS? - Mm-hmm.
So I know they're out making money Instead of screwing around.
- Inwood hill park? He's not picking up any fares there.
- Yeah, and he won't have a job when he gets back either.
He hasn't moved in half an hour.
- Over there through the trees.
- I got Joe.
- What the hell's he paying him for? [overlapping shouting.]
- Police! Don't move! - Yeah, nice! - Hey, hey, you! Back up, back up! - Get over there! You, over there! - Hey, you, get on the car! - Get up.
- Put your hands on the hood.
- Put your hands on the car! - Nobody's breaking any laws, officer.
- What's your name, douche bag? - Hank Roberts.
You're making a mistake.
- Don't move.
Hiya, Joe.
How you doing? What's your name? You, at the end- What's your name? - Anthony barone.
- Uh-huh.
How about you? - Nicky Roberts.
- What were you two fighting about? - Nothing.
We're in a club.
We do it for fun.
How you feeling, champ? - I lost.
- Well, you got suckered.
I guess that was kind of my fault.
So you and this Anthony kid, you fight a lot? - Just tonight.
- How'd you meet him? - Pop set it up.
- Which one's your dad? - The guy in the hoodie- Hank Roberts.
Is he here? - He's in another room.
Hank seems a little young to be your dad.
- He married my mom five years ago.
He adopted me and says he gave me his name, So I have to call him pop.
- Uh-huh.
And does pop like you to fight? - Says it's toughening me up.
- They make you do it? [door opens.]
- Mom.
- What's going on here? - Mrs.
Roberts, I'm detective stabler.
- Save it.
Come on, let's go.
- Excuse-excuse me.
I'm not finished talking with your son.
- Oh, yes, you are.
Come on, let's go.
Where's my husband? - He's locked up.
- Not for long.
- Mrs.
Roberts, Your son was fighting another boy.
Your husband was betting on 'em.
- You touch me again, and I will scream.
- Let's go.
- Hey, what's going on? You're letting barone walk? - Not me-hardwicke.
Said no priors, first offense.
Told me to write him a desk-appearance ticket And cut him loose.
- Hey.
Hey.
A desk appearance? What's what? - Promoting gambling.
- Those dirtbags are forcing their sons Into bare-knuckle fist fighting.
- No, no, wait.
Did-did Nicky say Hank forced him to fight? - Look, he was scared, but we saw what we saw.
- These bozos risk their kids' lives For a couple of bucks.
- And unless it was against the boys' will, The law considers it sport.
- So cockfighting or dog fighting, They see jail time, But if there's a dead kid, they get a slap on the wrist? - Wait a minute.
What dead kid? - Ethan Gilbert.
He was ten years old.
He died yesterday on the carousel in Chelsea.
And tonight we saw his Uncle Joe Paying off Nicky's stepdad.
- Presumably because Ethan lost a fight against Nicky.
- You're saying Ethan died of injuries From this presumed fight.
- Oh, no, there was a fight.
We just have to prove it.
- I'm sorry, detective.
We didn't know we were doing anything wrong.
- Well, promoting gambling is illegal, So I'm gonna issue you a summons.
You're gonna have to appear in court.
- So all this drama for a ticket.
You could have written that two hours ago.
- No.
We have other issues to clear up.
- Yeah, like what? - Well, why don't we start With Joe Gilbert and that wad of cash That he handed over to you tonight.
- Joe owed me some money.
- Mm-hmm.
Because his nephew lost a fight to your son.
- No, I loaned Joe some cash so he could get his car fixed.
He came back over to the park to pay me back, End of story.
- Really? Because Joe is next door right now Doing an awful lot of talking Since he found out he's facing a murder rap.
- Murder? No, nobody murdered Ethan.
- You did Two nights ago when you took him to inwood park And let Hank Roberts' kid beat him down! - I wasn't even up there that night.
- Yeah? Then why does the trip sheet on your car Show 19 Miles unaccounted for on the meter? - I-I took a fare out to Brooklyn.
I guess I forgot to turn it on.
- You can't even lie like a real man.
- Ethan was my brother's kid.
I would never let anything happen to him.
- You're nothing but a pimp that made a couple of lousy bucks Watching your own nephew get beat to death! - Please stop.
- Scumbag like you Probably bet against your own nephew.
- That's against the rules.
- What rules? - The rules Of your kiddie fight club.
All your cabbie buddies Go up to the park with their sons.
Nicky kicks their butt, and you pocket an extra bit of cash? - [scoffs.]
I got the right to remain silent, don't I? - Do you say that when the cops come to your home? 'cause I got police reports.
Yeah, three 911 calls for domestic violence.
- Neighbors made those calls- never been arrested.
- No, because a guy like you knows where to punch So no marks are left, and your wife- Well, she's not gonna press charges, is she? - What are you talking about? Sandra's not scared of me.
Okay? We get along great- - Hey, buff stud, what are you, Ten years younger than Sandra? She must have thought she hit the lottery Until you started smacking her around.
Still, she sticks up for you Huh, wife beater? - You got a big mouth.
- Yeah, tough guy? 'cause I know you beat up Nicky, don't you? Unless you're watching someone else beat him up.
- I love my son.
- Is that why You whore him out as a punching bag? Come on.
Oh, look at you.
Huh? Come on, tell me.
What kind of man does that? - You should take off that gun, and I'll show you.
- I'm not wearing my gun.
- Detective stabler.
- Oh, look at that.
- Daddy's coming in to save your ass! - The ass I'm saving is yours.
Let's go.
Let's go.
- Really? You're just gonna tune him up When I'm standing right there? - You're free to leave anytime you want.
- Oh, is that how you do it? You just bait 'em and then choke 'em out? - I'm not gonna let you cut this guy off the hook.
- How about this one? - Hank didn't tell me His kid was older and bigger than Ethan.
Nicky went after my nephew.
I tried to stop the fight.
Hank held me back.
By the time I broke free Ethan was on the ground.
I didn't mean for him to get hurt.
- Arrest him for criminally negligent homicide For Ethan's death.
- And what about Hank? - We can't charge him solely on the say-so Of a co-conspirator.
Find another witness who saw the fight that night, Or let him go.
- You might as well Give him a license to beat up his wife and stepson.
- Come on, baby, let's get out of here.
- Nicky.
Hey.
- I told you, stay away from him.
- Nice meeting you.
I hope I don't see you again.
- Don't worry.
You won't.
- I'm just gonna say it once.
Stay away from him.
- I'm going home, captain.
[school bell rings.]
- Nicky.
Wait a minute.
I just want to talk to you a minute.
- Ah! - What happened? - I fell last night.
- No, you didn't.
- Just-just please leave me alone.
- Nicky, look You can't let Hank get away with this.
Sometimes words can do a hell of a lot more Than any punch.
You've got the power to stop this.
Just talk to me.
Tell me.
- He punched me in my chest When he found your business card.
- Okay.
Okay.
Come on.
- What's going on? - I don't know.
Stay here.
- Hey, hey! There he is! That's the guy.
Arrest him.
- What the hell's going on? - Stabler, you saved me the trip.
- Nicky, get out of the car.
I saw him! He beat my husband! - She's a liar.
- Funny, I believe them.
You really think I'm stupid enough To beat up a guy in broad daylight In front of his own home? - You really want me to answer that? - I didn't lay a finger on Hank Roberts.
- The captain says he saw you slam the guy into a wall.
- Your cop's got a short fuse.
I- you saw what he did to me yesterday.
- Why don't you tell me about what happened today? - Well, Nicky left for school, And I-I watched him walk down the street, as usual, And, uh, started back to the house.
And that's when that bastard came up from behind me.
- And you're sure it was detective stabler.
- Well, he threw me down to the ground.
I looked up.
It was him.
- Your partner said he was gonna teach Hank a lesson For disrespecting him, And then he kicked him in the face.
- And you saw this? - I was standing at the front door.
What-I don't got eyes? - Were there any other neighbors outside? - Oh, how the hell do I know? I want to see my son.
- So you're sticking to that story.
- What I told you is how it went down.
- This is about revenge Because I broke up his boys' fight club.
And then he brings in his battered wife To back up his lie.
- I asked where you were this morning.
- Picking up his stepson, Who can't even move his arm because he's in so much pain.
- Seems like this whole family starts hurting When you're around.
- El, you better come out here.
- He's not available, detective.
- Why do you keep lying for him? - Come on, get back here.
- Stop talking about your father this way.
- He's not my father.
- Nicky.
Nicky, what's going on.
- She wants me to lie And say that you hit me and that I saw you hit him.
- Not another word, Nicky.
- Nicky, stop this.
Without Hank, we were gonna be out on the street.
- Ma, but that's what you said about the other guys too.
I mean, at least they didn't beat you up like Hank does.
- What? I look like someone punched me? - What do I look like, mom? Detective stabler didn't do this to me.
Hank did My loving pop.
- Baby, please, tell me this isn't true.
- No, of course not.
Tell 'em, Nicky.
- Nicky said That you hit him last night.
- And he made mom hit him And say that you did it to get you in trouble.
- You're under arrest for assaulting your stepson.
- How's that feel, pop? - Take a last look.
He's no longer your meal ticket.
- Get him out of here.
- I never told my mom about the fighting.
She works a lot of hours, and I don't want her to worry.
- Mm-hmm.
So when did Hank first get you to fight? - Last year.
Picked me up at school and said we were going for a ride.
- To the park? - The other kid was already there with his dad.
They just Told us to get out on the grass and start fighting.
- No rules? - No.
- How'd you do? - Knocked him out.
And then-and then I thought I killed him Until he moved.
And then pop was smiling and- and said he was proud of me.
- What happened if you didn't win? - When I lose, pop says that it's my fault That we can't pay our bills.
Then he hits me.
And one time Some kid messed up my shoulder, and I lost.
And when we got home, Pop kept punching me in that same shoulder Over and over.
- [sighs.]
okay.
We have to talk about the other night.
Ethan Gilbert.
What happened? - [voice breaking.]
he was just a little kid.
I- I told Hank that it wasn't fair.
I told him.
He shoved me out there and said, "be a man.
" So I punched Ethan real light at first.
He went down but got back up.
And pop said that if I didn't knock the kid out That I'd get it even worse.
So I hit him a little harder, And he got back up slower.
And then pop started to cheer, "break his nose.
Get him in the eye.
" I mean, the poor kid started puking.
And pop shouted, "knock him out!" So I started pounding him.
I started pounding him, and it felt good, And I didn't know why.
And I couldn't stop it.
And then he went down.
He didn't get up.
I'm sorry.
[sniffles.]
[crying.]
I'm really sorry that he died.
- I know.
- I didn't mean to.
- What happened to Nicky's real dad? - [sniffling.]
He took off when Nicky was two.
- Did you know Hank was abusing Nicky? - He always says he's sorry.
- Until he hits him again And you.
- Hank got laid off From his construction job two years ago, And all he could find was driving a cab.
And he hates it so much.
I feel horrible for him.
- It doesn't give him the right to beat you Or your son.
- Hank's a good man deep down.
He-he legally adopted Nicky because he loves him so much.
And I know he loves me, 'cause he tells me all the time.
- They all say that, every last one of 'em.
You press charges against Hank, And we will get him out of your life and Nicky's.
- I am having his baby.
I need him! - You need to get rid of him before he kills one of you.
- I already lost one family when Nicky's father left.
I'm not gonna break up this family too.
- Docket ending 419, People versus Henry Shaw Roberts- One count each, assault in the second degree, Criminally negligent homicide, Endangering the welfare of a child.
- Busy man, Mr.
Roberts.
How do you plead? - Not guilty.
- On all counts, your honor.
And the homicide charge is a stretch.
- The defendant forced his stepson To fight a ten-year-old and bet on the winner.
What would you call the death of that child? - I'll let the grand jury decide.
Bail, Ms.
Hardwicke? - Remand, your honor.
When he's not promoting kiddie fights, The defendant spends his spare time Beating up his wife and stepson.
- My client has never been arrested, Has a steady job and strong ties to the community.
- First offense, Ms.
Hardwicke.
Can you live with $50,000 bail? - If it's cash only And comes with an order of protection for Mrs.
Roberts.
- So ordered.
Mr.
Roberts, you are not to come within 200 feet of your wife, Your stepson, or your home.
- Then where the hell am I gonna stay? - Rikers island if you violate the order, Unless you'd rather go now.
- That won't be necessary.
Mr.
Roberts will abide by your ruling.
- Then we're done, aren't we? Ten-minute recess.
- We'll get the money together, baby.
- It's okay.
No broad in a black robe Is gonna keep me from what's mine.
- If she doesn't, I will.
- We don't need a restraining order.
- Lady, he just threatened you right in front of me.
- Hank would never hurt us.
- Well, I'm gonna drive you home.
I'm gonna have a patrol car Sit outside your house all night just in case.
- How'd it go? - Sandra's the queen of denial, And Hank is a hand grenade with a loose pin.
- If cragen hadn't stepped in yesterday, He would have blown- Too bad.
- I got a son too, remember? - I hope you don't have any plans.
- Yeah? You buying us drinks? - Two-four is short-handed.
C.
O.
Is pulling the radio car off the Roberts' place As soon as we get there.
- Captain, I'll go with Elliot.
- No, I'll go.
If Hank shows, he's not setting anyone up this time.
Ah, so much for patrol waiting around.
- [sighs.]
okay, I'm gonna check, Make sure everything's all right.
[gunshot.]
- 10-10, shots fired, Send backup and a bus.
- Nicky? Sandra? - Police! Nicky? - [moaning.]
- She's alive.
- Nicky.
Nicky, drop the gun.
It's okay.
Drop the gun.
[gun thuds.]
- Mom let him in And he started beating her up.
I didn't know what else to do.
I'm sorry I let him do this to you.
- Is my baby okay? Can-can you check to see if he's moving? - We heard a heartbeat.
- I love you, mom.
- You okay? - I'm glad he's dead.
He deserved to die after what he did to mom.
- Nicky, don't say anything else.
- I don't care.
- Nicky.
- I put the gun to his head- - stop! Stop it.
[indistinct conversation.]
Unless you have a lawyer with you And he says it's okay, You cannot talk about this to anyone.
Me included.
Do you understand me? - I understand.
- Okay.
Good.
Officer Smith Take this young man down to the precinct.
I'll be there as soon as I can.
You're gonna be all right.
- It's pretty cut and dry.
The victim, Mr.
Roberts, Sustained an exit wound to the forehead.
Stippling indicates he was shot in the back of the neck At point-blank range.
I'm ruling it a homicide.
- And we're thinking it was justifiable? - Well, Nicky saw Hank beating the crap out of his mother.
He got Hank's gun And made sure the son of a bitch didn't kill her.
- But not necessarily in that order.
- You find something to suggest otherwise? - In the basement.
The slug that killed Hank Roberts Was lodged in the floor of this cabinet.
- So Hank's standing there, Nicky shoots.
The bullet goes through Hank and the door.
- Uh, only if Nicky were the jolly green giant.
- Trajectory is almost straight down.
- And Nicky's about five inches shorter than Hank.
If Hank were standing, Nicky would have to raise his arm And fire downwards.
- Hank was kneeling.
- Nicky shot this guy execution-style.
- Or Hank was already down there, Getting something from the cabinet Like this maybe.
- Was anything else in there, like a weapon? - Mm-mm.
- Then there was no imminent threat to Nicky's life.
- Did you see his mother's face? - With this family, let's see what she has to say Before we jump to any conclusions.
- Hank showed up at my back door, pleading.
I- I couldn't just leave him out in the cold.
But once I let him in, he started slugging me, Saying I was a no-good slut.
- Where was Nicky? - He came running as soon as I started screaming.
And then Hank threw him to the floor And just kept Kicking me.
That's all I remember.
- Okay, so you didn't see Nicky shoot Hank.
- No.
Why? - The evidence doesn't suggest self-defense.
- You're saying you don't believe Nicky? - We need to talk to him.
- Hank only got close to my house Because your cops took off, And you accuse my boy of lying? - Mrs.
Roberts- - And don't you go anywhere near my son.
- Nice bedside manner.
- I want the truth.
Look, after Hank went by in a body bag, Nicky said something to you.
- This isn't about what Nicky said.
This is about Hank violating the protection order.
- Hank wasn't threatening anyone on his knees When Nicky snuck up behind him and blew his brains out.
- Hank was abusing him.
Sandra looked the other way.
The boy snapped.
- Nicky's 13.
The law says I can charge the boy as an adult.
- So what are you gonna do, parade him into court, Win your brownie points with the d.
A.
? - Just do your job.
Arrest Nicky for second-degree murder.
- Do it yourself.
- I spend all day in court, And you're the one pissing off lawyers.
- So hardwicke called you.
- She thinks you're holding something back.
- Mm-hmm.
- Thought you might have told me.
I told her to shove it.
- She wants to charge Nicky with murder two.
- Is she wrong? - I don't know.
He said some things to me last night outside the house.
He's glad Hank's dead.
- It's probably the first time He's felt safe in years.
- Safe? If hardwicke has her way, The kid'll be looking at 25 to life.
- Elliot, you didn't do anything wrong.
- Tell that to me tomorrow.
I don't want to arrest Nicky.
- So fight fire with fire.
- I am not changing my mind.
Nicky is not gonna talk to you.
- He's a minor.
You need to be present When I read him his Miranda rights.
- Mom! - Nicholas Roberts, you're under arrest For murder in the second degree.
You have the right to remain silent.
If you give up that right- - no, he's not.
Sorry I'm late.
- Who are you? - Debby marsh.
Detective stabler says that you need a lawyer.
- Oh, w-well, I can't afford you.
- This is on the house.
[chuckles.]
Proud of yourself, hmm, charging a battered kid With murder two? - I'm more than open to a deal.
- Oh.
[chuckles.]
well, I'm not.
No, Nicky shot his stepfather in self-defense After years of abuse.
When they hear what that bastard Hank Roberts did, No jury is ever going to convict him.
Can you describe Nicky's state of mind When you found him the night of the shooting? - He was scared to death.
He was cowering in the corner of his basement.
The hand, uh, that was holding the gun was shaking.
I ordered him to drop it.
He did.
- Did he say anything to you? - Yes, he said That his stepfather, Mr.
Roberts, Was, uh, beating up his mother, And he didn't know what else to do.
- What did you take that to mean? - That Nicky had no choice but to stop Mr.
Roberts, Who was in violation of his order of protection, From assaulting or Killing his mother.
- And you believed him.
- Then and now, yes.
- Thank you, detective.
Nothing further.
- What else did Nicky say to you Outside the house, after the shooting? - Objection- anything my client said In response to the detective's questions Is inadmissible without a parent or legal guardian present.
- I witnessed that conversation, your honor.
If the defendant said anything incriminating, It's admissible as a spontaneous utterance.
- He's a minor and had not been mirandized.
- Objection overruled.
Answer the question, detective.
- Uh, he talked about his stepfather.
- Be specific, detective stabler.
- He said, "I'm glad he's dead.
He deserved to die for what he did to mom.
" - And then he yelled something at you.
- "I put the gun to his head.
" - No further questions.
- You may step down.
We will take a 15-minute recess.
[gavel bangs.]
- Really? You're smoking.
- You ever stop being a cop? - Well, I will once you start being a mother.
You're on the stand in ten minutes.
- I can't.
I can't do it.
- You have to.
Nicky needs you.
- You know the night that Hank was hitting Nicky In the shoulder? I watched him do it.
I felt every punch.
I knew where Hank hid his gun, and I-I wanted to go get it But I didn't.
I didn't do a damn thing to protect my son.
And I'm supposed to go in there now, Stand up in front of that jury, and tell them what- That I was a bad mother? - This isn't about you.
This is about Nicky.
- God, you just think I don't give a crap about him, don't you? - No, I think you're a battered woman Who doesn't know where to turn.
- Hank paid the bills.
He fixed the house.
He put food on the table.
He kept everything under control.
What am I gonna do without him now? - Well, now you're in control.
You have to protect Nicky.
This may be your last chance.
- Hank said I wasn't being loyal, That he was gonna make me pay for ratting him out to the cops.
- When was this, Mrs.
Roberts? - When he was beating me in the kitchen.
- Tell the jury what happened next.
Mrs.
Roberts? - I got something I wa-I want to say.
- Answer the question, Ms.
Roberts.
- I never thought you would go after Nicky.
I can't let him go to prison for something that I did.
It was me.
I killed Hank.
- Mom, no! - Ms.
Roberts.
- You're confessing to murder on the record in open court.
I'm reminding you You have fifth amendment right to remain silent.
- I don't want to remain silent! Hank was beating me! He was gonna kill the both of us.
I went and found Hank's gun.
And when he was by the workbench, I snuck up behind him, And I blew the bastard's brains out.
- Don't listen to her.
She's lying to save me.
I did it! I killed him! - No.
I did it.
- That's enough.
[gavel bangs.]
The court will be in recess till after lunch.
- Don't say any more.
- My parade just became a circus.
- Sandra Roberts murdering her husband Is entirely plausible.
- Nicky finds her about to shoot Hank.
He tires to stop her, but he's a second too late.
- Nicky grabs the gun from Sandra Who ends up across the room.
That's why we never suspected her.
- And why we never tested her clothes.
Turns out, Sandra's turtleneck Was saturated with gunshot residue And fine blood-spatter particulate.
- So Nicky didn't kill him.
- I can't testify to that.
- Didn't you just prove it to us? - I said that Sandra being the shooter was plausible, But Nicky also tested positive for gsr And had the same pattern of blood spatter.
- Okay, so either Sandra shot him, And Nicky tried to grab the gun.
- Or Nicky snuck up behind him, Put the gun to his head just as he told you, And Sandra tried to stop him.
- The only thing the evidence proves Is either one of them could have shot Hank.
- I'm screwed, aren't I? - Now you know how they felt.
You both lied to us, you and Nicky.
You've been lying to us all along, As well as your own lawyer.
- Then why doesn't she have to be here? - Ah because neither of you are being charged in Hank's death.
- Just because we can't prove which one of you actually did it Doesn't mean we don't want to know the truth.
- One of you pulled the trigger And one of you tried to knock the gun away.
- You have my word.
No one will prosecute either of you, So just tell us.
Which one of you shot Hank? - I did.
- I did.
- You're free to go.
- [chuckles relievedly.]
- We're never gonna know which one of them did it.
- Does it matter?