Law & Order (1990) s17e20 Episode Script
Captive
NARRATOR: In the criminal justice system the people are represented by two separate yet equally important groups, the police who investigate crime and the district attorneys who prosecute the offenders.
These are their stories.
Sixty-five dollars? The meter's broken! Yeah, you're only allowed to park here for one hour.
That's ridiculous! Tell it to my computer.
Have a good day, sir.
Hey, don't walk away from me.
Get back here! Hey! Sir, it's a bus stop, no standing.
(STARTING ENGINE) Help! Help! (ENGINE REVVING) Sir.
Wait! Not that I mind having a couple of homicide cops on the scene, but what gives? Just trying to beat the odds, man.
Three out of four abducted kids get murdered within the first three hours.
Officer Soto? Yeah.
Detective Green.
Detective Cassady.
We need to go over your statement.
You described the boy as nine or ten, brown hair, some kind of injury? Yeah, yeah, here.
Some kind of cut.
He was under a dark-colored blanket.
Poor thing was scared out of his mind.
And the driver was a male, about 40, white? With a baseball hat.
Anything else? No, he wouldn't really look my way.
There was some food from Astro Burger on the back seat.
I saw that.
And the burgundy Honda, you catch a plate? Yeah, I wrote it down as he pulled out of here.
E-Z-E-4.
I didn't get the last three numbers.
I'm sorry I didn't do better, man.
I'm just supposed to write the tickets.
I kind of freaked out.
You did fine.
Thank you.
Fine would've been throwing yourself in front of the car.
(sum-nus) This is the tape from the drive-in window.
It runs from 12:00 to 5:00.
Okay, start around 3:00 and then work backwards.
There's like 97 buttons on this thing.
Can I see that? VAN BUREN: Find anything? Hey.
Still looking.
I put a FINEST message out to all our commands and the state police haveissued an Amber Alert, but there's still no Missing Persons report to tie in to this.
There! Play that forward.
White guy, baseball cap.
CASSADY: What's that on the kid's shirt? W-A? W-A.
Warren.
Private school on 96th.
(KNOCKING ON DOOR) What's this about? It's really better if we talk inside, Mrs.
Fogarty.
Is your son, Kevin, home from school? No, I just got in from work.
I was starting to wonder why he wasn't here.
Is this your son? Where'd you get that? What's going on? Have you heard from Kevin? No, I was trying to call Josh on his cell phone, and he wasn't picking up.
Who's Josh? A high school boy who watches Kevin afierschooL Where's my son? We're pretty sure he was in a car on 31st and 10th with a man.
Do you recognize him? Oh! Oh, my God! No! Kevin.
We're doing everything we can to find him, Mrs.
Fogarty.
We'll need a recent photo of Kevin.
I have one we took last weekend.
And, uh, the boy, Josh, we'll need an address for him.
The Fogartys pay me six bucks an hour to watch Kevin till they get home.
CASSADY: And you were with him today? Yeah.
But he's not here with you and he's not at home.
I don't like your tone, Detective.
Kevin's missing.
I don't know anything about that.
I walked Kevin to his place and I played video games with him for awhile, and then I came home.
This glitter on your face, it looks like it's from eye shadow.
You weren't with Kevin this afternoon.
You were making out with somebody! I met Kevin at his bus like I usually do, and then I got a text from this girl that I know.
She said her mom wasn't gonna be home for a couple of hours, so So you hooked up and left Kevin on the street? He was only three blocks from his apartment! Did you notice anybody watching him where the bus let him off? Somebody following you in a car maybe? Hmm.
Last week this guy tried talking to one of the kids when they got off the bus, but after the kid screamed and gave him the finger, the guy left.
ED: Do you remember anything else about this guy? He was old, like my dad's age.
And he was standing by his car.
A dark red car.
And I remember a decal on its back window.
An eagle with a football in its claws.
Flames coming off its wings? Yes, sir.
Thank you.
Maryland State Blazing Eagles.
I dropped a lot of cash on them a few years back.
DELGADO: You guys locate the car? There it is in the driveway at 2767.
It's a burgundy Honda registered to Charles Wright.
Mr.
Wright got a sheet? No, just a BA in sociology from Maryland State.
We're gonna go check out the car.
Okay.
Okay, guys.
Let's do this.
House looks quiet.
I see a Blazing Eagle decal on the rear windshield.
Hmm.
There's a dark blue blanket folded in the backseat.
The little window near the door, the blinds just moved.
Let's go ring the doorbell.
MAN: Get back, I have a gun! ED: Are you Charles Wright? Did you hear what I said? Get away from the house! Okay, man.
We're sorry.
We're leaving.
Jackpot.
Mmm-hmm.
Suspect's in the house.
Says he's got a gun.
CASSADY: No sign of the boy.
Okay, we sit.
We've got a hostage team on the way.
Let's hope there is a hostage and Kevin's still alive.
We got a couple here saying they're the boy's parents.
ED: Yeah, that's them.
Deal with them, please.
Is Kevin in there with him? We're not sure, Mrs.
Fogarty.
The news said the guy had a gun.
That's just speculation.
Listen, we have a command post that's set up in this house down the street.
The best thing for you to do is to go there and wait.
We'll have this officer No! We're staying right here.
DELGADO: We got movement at the door! (GUNS COCKING) Sir! Sir, can I talk to you? MAN: Get back, or I'll start shooting! All right, all right, all right, I hear you.
I hear you.
Listen, I just need to know that the boy's okay.
Whoa, what boy? His name's Kevin.
I just need I just need you to bring him to the door so I can see he's okay.
I don't know what you're talking about.
Look, if there's been a mistake here, this is the time to clear it up, Mr.
Wright.
Well, my brother-in-law ain't here.
You're not Charles Wright? You know who I am, you're the ones got the warrant.
VAN BUREN: What kind of warrant? The burglary? In Flatbush.
We're not here on a burglary.
We're looking for a child abductor.
Hey, I'm no child abductor.
Sir, if there's some warrant out for you, we can clear that up.
Right now, you haven't done anything wrong here.
So just put your gun on the doorstep and we'll straighten this out.
I don't even have a gun.
Go, go, go! And I didn't take no kid! Look, after CSU clears the house, check it.
Cellar to attic.
Damn.
John Lee Foster, wanted for burg one in Kings County.
We had him transported to court in Brooklyn.
We wasted a half a day out there.
That car was a hit, Lou.
The numbers were right on the plates.
Well, I guess the meter maid got the numbers wrong.
How are the parents? Not good.
TARU set up a nest kit in their apartment, but nobody calls.
Almost 40 hours.
That's not good.
(PHONE RINGING) Van Buren.
Yes.
Okay.
They're on their way.
The 1110 in Queens got a call from a crew from the Parks Department.
Over there.
(EXCLAIMS) It's him.
That's him.
The boy was smothered to death between 7:00 and 9:00 night before last.
While we were busy collaring a burglar.
Smothered with what? Well, I found blue synthetic fibers in his mouth.
Maybe from a pillow or a blanket.
What else was done to him? RODGERS: If you're asking about sexual abuse, I found no evidence of that.
Bruising on his arms and torso was probably from being pinned down when he was being smothered.
Other than that, he's as perfect and innocent as the day he was born.
Hasthelab been through the garbage bags? All the trash was traced to houses in the neighborhood.
All the houses checked out.
The doer probably picked up bags along the way, just to pile on top of the dead body.
The shopping cart was from a local grocery store.
Local cart, local trash.
See if there are any sex offenders living in the area.
Yeah, I drive an Audi.
That's it right there.
Why? And you r whereabouts two nights ago between 7:00 and 9:00? Is this about the kid they found over at the parkway? You think I had something to do with that? You are a registered sex offender.
Okay, 15 years ago, when I was a senior in high school.
I had sex with a girl in the ninth grade.
Consensual sex.
But her parents caught us, and I was prosecuted for statutory rape, and now I'm considered a sex offender, like I'm some kind of pervert.
And now you're gonna tell us where you were two nights ago.
And Tuesday afternoon, for that matter.
I was at work at my office in the city.
I'm an accountant, and it's almost April.
We're gonna verify that with your employer.
Did you ever notice a red Honda around here? With an eagle decal? Uh Maryland plates, right? Yeah, I walk Nipper every day before work.
I've seen that guy.
He comes from that way right around 8:15.
Can you imagine our guy wheeling a shopping cart through here with a body in it? Yeah, it's always the quiet neighborhoods.
Hmm.
Blue Velvet, white picket fences with a severed ear on the lawn.
(CHUCKLING) I love that movie.
Oh, burgundy Honda, ED: Another burgundy Honda.
What are the odds? ED: There's residue on the glass, like something's been scraped off.
A decal, for example.
F-Z-F-4-7-5-8.
Two out of seven doesn't win the lotto.
Uh-uh, see how the bottom of the plate is cleaner on the two "F's"? Put tape there to make them look like "E's.
" E-Z-E-4.
Call in a 10-85 and check around back.
Manhattan homicide detective to Central, requesting assistance.
No exits in the back.
There's a kid in there playing video games.
"Roger Kraslow.
" Hey.
Your parents home? Uh, no, my dad's at work.
Roger Kraslow, thafsyourdad? Yeah.
When will he be back? Tonight.
Do you mind if we come in for a minute? I really have to go to the bathroom.
Um, I don't know.
Please? Okay, yeah.
I guess.
It's just down the hall.
Thank you very much.
TORY: Yeah.
It's a nice score, Tory.
You're whopping your dad's butt.
So where does he work? Queens Plaza, he's the manager at that copy place.
He knows about you missing school today? Yeah, he doesn't mind.
I was feeling sick.
GameBox Ill.
Tried to get my nephew one of those for Christmas, but they were sold out.
Yeah.
Uh Maybe you should go now.
Why? ls there something wrong? Well, my dad just doesn't like people in the house.
Why? Has he got something to hide? What? Was there another boy here a few days ago? No.
Why do you keep looking at your shoes? I don't know.
ED: You sure you're okay, Tory? Yeah, I'm fine.
I don't think you are.
(BREATHING HEAVILY) What's going on, man? (sum-nus) Roger kidnapped me five years ago, and I wanna go home.
ED: The kid's real name is Tory Quinlan.
He was in Macy's when he disappeared five years ago.
And he was in Queens the whole time? He says he was free to come and go.
Even attends high school in Flushing under the name Tory Kraslow.
When we first started talking to him, he was calling Kraslow "Dad.
" So why isn't this Kraslow guy in custody? Did you check out where he works? He hasn't been in the last couple of days.
He's in the wind.
Looks like Tory's parents.
Tory? Tory, it's really you.
(GASPING) (SOBBING) It's good to have you back home.
We never gave up hope.
Oh! And I thought I'd seen it all.
Tory might know where Kraslow's hiding.
We need to talk to him.
Only the Lord knows what this boy's been through, Ed.
If you press him on the details of the last five years, he might shut down entirely.
Stick to where we can find Kraslow.
If he's not at work, I don't know where he's gonna be.
Does he have any relatives? His mother died.
She left him the house.
Did Roger ever take you anywhere, Tory? A friend's house? Hotel? Do we need to really put him through this right now? This won't take much longer, Mr.
Quinlan.
We mostly stayed home.
How about when Roger got stressed out? Was there a special place he liked to go? I don't know what you mean.
I mean, a place where boys might be playing.
A basketball court, skateboard place? Did Roger have a place like that he always went to? Well He said he liked to watch the boats, but You know.
What is that, a sloop or a schooner? I can never tell the difference.
Me neither.
I just like looking at the boats.
Really? 'Cause you were checking out that basketball game over there.
No, lwasn't.
Any good prospects, Roger? Excuse me.
I'm taking you in, Roger, for kidnapping and murdering that little boy! No, I didn't hurt anybody! No, please, I need to go home! I need to make dinner for Tory.
I need to get home to my son! We've got Kevin Fogarty's blood in the defendant's car.
DNA and fiber matches on the throw pillow used to suffocate him.
Two A-1 felonies and a capital murder.
This guy Kraslow is a poster boy for the death penalty.
You can only dream, Arthur.
I want his cup overflowing, Jack.
I want him charged with everything.
Including the murders.
JACK: Tory Quinlan alluded in a vague way to Kraslow abusing him, but we haven't pushed for details yet.
Something you guys gotta see.
So how does it feel to be back home safe and sound? I feel really good about it.
Did you ever lose hope that you'd be found? TORY: Not really.
DOUG: We never stopped looking for him, Callie.
I just wanted to thank the police officers who brought our son home.
The last thing that boy needs is to be trotted around like a circus freak.
Why don't you have a little talk with the Quinlans? Wherever we go with Tory, people are just amazed at this miracle.
JACK: I'm not sure it's the best thing for your son to have all this exposure.
Tory is getting counseling, Mr.
McCoy.
I'm glad to hear that.
How's he doing? LISA: Really good.
He's not back in school yet, but he's acting like a normal teenager.
He loves going to the studios and doing the shows.
All these people send these presents.
We're gonna sell most of this stuff to pay for some bills.
Is Tory spending any time with kids his own age? He really doesn't have any friends.
Except for the ones at the school in Queens.
I'm sure it will be a difficult adjustment.
He may have to testify at Roger Kraslow's trial.
But you caught the man red-handed.
I really don't want Tory to have to go through atrial.
Come on, Lisa.
Tory's gotta tough it out.
He's gotta go to court and see this thing through.
Right, Mr.
McCoy? If we can spare him the ordeal of a trial, we will.
In the meantime, it'll be best to keep your son out of the spotlight.
JACK: I'll be honest with you, Ms.
Kurland.
If the death penalty were available to us, we'd be seeking it.
I won't make any deal where your client has the remotest chance of getting parole.
Then what's in it for him? He avoids the public humiliation of atrial.
And if he has any shred of human decency, he won't put the victims' families through more than what they've been through already.
KURLAND: You have to make it worth his while.
Twenty-five-to-life.
JACK: Not a chance.
Forty-to-life, and he waives all right to appeal.
He'll have to allocute to intentional murder.
And I want a preview now, so there are no misunderstandings.
I told Kevin I was just going to keep him for a few days.
And that if he didn't like it with me, he could go home.
I let him stay in Tory's bedroom and play with his old toys.
But But on the second night, I caught him climbing out the bedroom window.
I got very angry» and he started crying.
And that's when I threw him down on the bed and put one of the pillows over his face until he stopped.
A pillow from where, Mr.
Kraslow? From the bed.
Describe it.
It's like Like what you sleep on.
In a white pillow case.
(sum-nus) The offer's off the table.
Why? What's going on? We'll get back to you, Ms.
Kurland.
Wrong kind of pillow.
I even gave him a chance to correct himself.
Maybe he thinks creating an inconsistency about the murder weapon will give him grounds for an appeal later on.
Let's make sure we've got this right.
Go back to the crime scene with the detectives and nail it down.
We got the right pillow.
Kraslow'sjust messing with you.
You found his prints on the shopping cart? That doesn't mean anything.
The next door neighbor said Kraslow kept that cart in the back to use for gardening.
And what about on the garbage bags? Kraslow's prints were only on the bag the boy was found in.
It came from a box we found under the kitchen sink.
He could've been using gloves when he was picking those other bags up along the way.
I don't see the problem here, since he's copping to it.
Regardless of what he says, we have to establish his presence in the house between 7:00 and 9:00 on the night of the murder.
There may be one way to do it.
He liked to play video games with Tory.
This keeps a record of the players and the score along with the date and the times of each game.
Maybe he was playing the night he killed Kevin.
First game here.
Night of the murder.
Maybe that was just the first game that was saved.
This box looks brand new to me.
The GameBox was purchased the night Kevin Fogarty was killed.
in the Syosset Mall.
Smack in the middle of our time of death window.
Who bought it? Roger Kraslow.
I saw the store video myself.
He was in Toy Barn at the time Kevin Fogarty was killed.
There's no wiggle room in these numbers? The mall is an hour from his house in light traffic.
So Kraslow wasn't even home at the time of the murder.
Pedophiles often share their victims with other pedophiles.
Maybe he has an accomplice.
If anybody knows about that, it'd be Tory.
Let's talk to him.
Without his parents.
No, I never met any of Roger's friends.
I don't I don't think he has any.
How about someone he invited over to spend time with you? To molest you? No.
JACK: We know this is hard for you, Tory, but we need the truth.
Did Roger let anyone else abuse you or abuse Kevin? No.
But, um JACK: But what? Well, the first night my dad, uh I mean I mean Roger.
It's okay, Tory.
Well, the first night he brought the kid home, I was in the park shooting baskets, so I don't know who was there.
I didn't get back till late.
Kevin was already upstairs? Roger told us he had given him your room.
Yeah, he told me to sleep on the couch.
It sounds like you didn't mind.
Yeah.
I mean, I slept there a lot.
You know, watching TV.
What about the second night? The second night, I was in my room doing my homework.
And Roger was in his room.
Where was Kevin? Kevin Kevin ran away.
He ran away after dinner.
You know, Roger was kind of bummed out, and so he just stayed in his room all night.
Hmm.
Is ls Roger gonna go to jail for a long time? Yes, probably for the rest of his life.
The fact that Roger's going to jail make you feel bad? He's He's a criminal.
He should be in jail.
Then why are you upset? I don't know.
I guess 'cause of what he did to me.
Am I done? JACK: Almost.
Tory, the night Kevin died, you absolutely sure everything happened the way you describe? Yes.
Can I go now? I wanna go home with my family.
That's fine.
He said Kraslow was home all night, which we know is a lie.
He told us Kevin had escaped.
Which could be true.
Then how did he end up dead in the shopping cart that Kraslow kept in his backyard? Hold on, Tory.
Officers, arrest this young man.
Arrest him? For what? The murder of Kevin Fogarty.
But it was that man who killed him! Tory! You can't take him away from us again! You can't do this! You're not taking him! Step back, Mr.
Quinlan.
Just get out of the way, Dad.
(sum-nus) KURLAND: If you're not charging murder, we need to revisit the plea offer.
First, I wanna know why he never told anybody he had an alibi.
What difference does it make? You were sending me to jail for the rest of my life anyway.
I always appreciate a freebie, Mr.
Kraslow, but I think there's more to it.
I know you think I'm a monster.
But I loved Tory like a son.
Like a son you sexually abused.
At first, yes.
I'm not in any mood for a sob story! You're a predator, Mr.
Kraslow! But I'm still human.
As hard as that is for you to accept.
And after everything I did, it just wasn't right to let Tory go to jail if I could do it for him.
Enough of your treacly mea culpas.
KURLAND: All right, let's talk numbers.
Fifteen-to-life for two counts of kidnapping.
I was taking his plea to spare Tory Quinlan.
That's something I'm not that concerned about anymore.
What makes you think Tory wants a deal? Your client has been through far too much.
I don't think 25-to-life is his best option right now.
So dismiss.
We'll agree to intensive psychiatric counseling.
Murder two, ten-to-life, get counseling from the state.
I don't think you fully grasp the situation, Mr.
McCoy.
This boy was held in captivity for five years.
He was Roger Kraslow's sexual plaything.
I've got the most sympathetic defendant in the annals of criminal justice.
Facts win trials, Mr.
Young.
Which is why I'll change Tory's plea from not guilty to not responsible by reason of mental disease.
On what basis? He killed because his free will was overborne by his captor.
He was suffering from Stockholm Syndrome.
TORY: When Roger first kidnapped me, he kept me locked in a room, and he would come in and do things to me.
DR.
OLIVET: Sexual things? I don't wanna talk about that.
Okay, I understand.
Did you ever try to run away? Or ask somebody at school for help? Well, I was I was scared to.
But I prayed, you know, that my family would find me.
Even these last few years? Well, eventually I lost hope, but by then, Roger had started being nice to me.
You know, taking me out and buying me clothes I wanted and CDs and videos.
Why do you think he came home with another boy? Well, I don't know.
I mean, lwasn't around much this year.
You know, I got on JV track.
DR.
OLIVET: Roger was okay with that? We had a big fight about it.
He didn't want me to.
So you won that argument.
When Roger brought Kevin home, did that affect you in any way? Like how? He let Kevin use your room.
Play with your things.
Didn't he buy Kevin an expensive video game? It wasn't like that.
Was that a video game that you wanted for yourself? No.
Roger didn't care about Kevin.
Kevin was taken from his family just like you were.
Did you ever think of trying to help him? Why should I? I mean, he was He was trying to run away.
Is that why you killed him? I tried to get him to stop, but he wouldn't.
He wouldn't listen to me.
So that made you angry? Well, yeah, because if he ran away, then Roger would get in trouble.
Which would mean you would have to go back to your parents.
(WRITING) I have no doubt that the boy was traumatized and damaged.
To the extent that he couldn't escape? Well, escape is the wrong word.
They'd settled into a dynamic that resembled a family.
A symbiotic father-son type relationship.
What about his relationship with Kevin Fogarty? I'd have to say that Tory demonstrated a striking lack of empathy to Kevin's situation.
JACK: Because his moral sense had been eroded? I think he viewed Kevin as a rival for Kraslow's affections, as twisted as that was.
Tory was essentially being replaced with a younger version of himself.
Are you saying he killed Kevin because he was jealous of him? Partially.
I think he was also lashing out at Kraslow for replacing him.
Tory's not an automaton who was programmed to do Roger Kraslow's bidding.
He had free will, and he certainly knew right from wrong.
I told Kevin that if he was good, I would buy him something special.
I went to the store to buy him one of those GameBoxes.
And Tory was supposed to watch him.
And when you got home Tory said that Kevin got away while he was in the bathroom.
And I thought it was true until I saw it on the news.
When was the last time you molested Tory? The last time was two years ago.
JACK: The last time you threatened him or hit him? I never hit him.
And I didn't have to threaten him.
I just grounded him if he didn't do his homework or his chores, that's all.
YOUNG: So you stopped molesting my client after three years of captivity.
Why? Because he stopped being a little boy? I didn't wanna do it anymore.
Oh.
You didn't want to.
In those first three years, how often did you molest Tory? Once a day? I'm not sure.
Twice a day? Three times? I I don't know.
You lost count.
Tell us.
Did Tory every cry when you molested him? Sometimes, but, uh He was afraid, wasn't he? Afraid of getting hurt.
Well, at first, but Afraid of getting you angry.
Of doing the slightest thing that would provoke you to hurt him even more.
I don't know about that.
Even of running away.
No.
No.
We We were a family.
A family? Maybe in your deviant mind.
Withdrawn.
Nothing further for this witness.
MINDY: Tory exhibits a classic case of capture bonding, better known as Stockholm Syndrome.
Bonding with his captor as a son was Tory's best hope for survival.
Tory was free to attend school, spend time with friends.
How is that captivity? Tory may have been free to come and go, but he was bound by invisible chains.
But these invisible chains only explain why Tory failed to escape.
How do they explain an unsolicited act of homicidal rage? MINDY: Consider what the boy's been through, Mr.
McCoy.
From Tory's point of view, this was survival.
No.
It was murder.
Of a defenseless little boy.
Withdrawn.
CONNIE: We're getting our asses kicked.
Thanks for sugarcoating it.
Any suggestions? Call Young.
Offer man two.
Because we're losing or because you feel sorry for Tory Quinlan? Even if you don't buy the defense, Jack, it mitigates what he did.
Which can be addressed when he's sentenced, after he's convicted.
CONNIE: Tory keeps brushing something from his jacket.
And earlier in the courtroom, I could've sworn he was wearing makeup.
The kind my sister used to wear after a bad night with her abusive boyfriend.
How thoroughly did we check out the Quinlans? Well, there wasn't much to check out.
They moved to New York before Tory was abducted.
Find out where he used to live and pull everything you can find.
And we may need Lisa Quinlan as a rebuttal witness.
Doug and I moved here from Ohio when Tory was ten.
Doug thought he could catch on with the construction company.
But you've been on and off public assistance? That's right.
Doug isn't Tory's biological father, is he? No, he isn't.
Back in Ohio, when Tory was nine, the school called social services when he showed up in class with a broken jaw, isn't that right? I have the records right here, Mrs.
Quinlan.
That was nothing.
Tory fell off his bike.
That's what your husband told the authorities backthen.
They had their doubts.
What about today, Mrs.
Quinlan? Why does Tory have a black eye? He doesn't have a black eye.
Your Honor, I'd ask that a court officer use this handkerchief to wipe the area below the defendant's left eye.
Objection.
No one's touching my client.
JUDGE: Sustained.
What's going on, Mr.
McCoy? Mrs.
Quinlan, as we sit here today, isn't it true that your son has a black eye under some makeup? Because he wasn't used to being home.
He walked into a door.
JACK: A door? A bicycle? Is it possible, Mrs.
Quinlan, that one of the reasons your son didn't return home for five years is that he was afraid of your husband? No! That's a lie.
He was kidnapped! It screwed up his head! JACK: Or maybe he found more love and acceptance with a stranger than with his stepfather.
YOUNG: Objection! JUDGE: Sustained.
Nothing further.
Your grandstanding's gonna backfire.
If anything, you've made him more sympathetic.
I can see the argument for extreme emotional disturbance.
I'll take a plea of man one.
I suggest you seriously consider it.
It's considered.
And rejected.
I can't imagine what you've been through, Tory.
But if you snapped or made an error of judgment, you can do your time and put this behind you.
TORY: No.
Roger brainwashed me.
He made me do it.
Roger was 40 miles away.
You knew exactly what you were doing.
I don't even believe that Kevin was trying to escape that night.
I think you just wanted to make him go away.
You don't know what it was like! You don't know.
Blame the victim.
That's the People's case.
And you should be outraged.
Rather than accept the fact that Tory Quinlan was manipulated and brainwashed by a sexual predator, they want you to blame his family.
And now Tory needs your help.
Because instead of psychiatric care, the prosecution wants to send him to jail.
He's already been in jail, ladies and gentlemen.
Roger Kraslow's house of horrors.
We've entered a world here that's truly outside our experience.
Can we ever really explain why Tory didn't walk away? Didn't seek the help of his teachers or the police outside his school? Something compelled him to return each day to that house, to that man.
But think about the brutality it requires to suffocate a boy with a pillow.
Can Stockholm Syndrome, even if it exists, explain that? Can it explain concealing the victim in a garbage bag, carting his body through the neighborhood, and dumping it in the woods? These acts were driven by the history of violence in Tory's family and by some of the oldest motives in the book.
Jealousy.
And betrayal.
So he resorted to the last refuge of the desperate.
He put a pillow over his rival's face and held it there until Kevin Fogarty was dead.
JUDGE: Has the jury reached a verdict? We have, Your Honor.
JUDGE: On the charge of murder in the second degree, how do you find? We find Tory Quinlan guilty.
Oh! (INAUDIBLE) WOMAN: Excuse me.
Until we dug up the dirt on the Quinlans, I would've bet on a not responsible verdict.
It was a good catch, Connie.
(sum-nus) And what if Tory was a well-adjusted kid from a good family? Not our facts.
I hope we never have to try that case.
I take it you'll be recommending the minimum? It was a good win, Jack.
Nobody won.
These are their stories.
Sixty-five dollars? The meter's broken! Yeah, you're only allowed to park here for one hour.
That's ridiculous! Tell it to my computer.
Have a good day, sir.
Hey, don't walk away from me.
Get back here! Hey! Sir, it's a bus stop, no standing.
(STARTING ENGINE) Help! Help! (ENGINE REVVING) Sir.
Wait! Not that I mind having a couple of homicide cops on the scene, but what gives? Just trying to beat the odds, man.
Three out of four abducted kids get murdered within the first three hours.
Officer Soto? Yeah.
Detective Green.
Detective Cassady.
We need to go over your statement.
You described the boy as nine or ten, brown hair, some kind of injury? Yeah, yeah, here.
Some kind of cut.
He was under a dark-colored blanket.
Poor thing was scared out of his mind.
And the driver was a male, about 40, white? With a baseball hat.
Anything else? No, he wouldn't really look my way.
There was some food from Astro Burger on the back seat.
I saw that.
And the burgundy Honda, you catch a plate? Yeah, I wrote it down as he pulled out of here.
E-Z-E-4.
I didn't get the last three numbers.
I'm sorry I didn't do better, man.
I'm just supposed to write the tickets.
I kind of freaked out.
You did fine.
Thank you.
Fine would've been throwing yourself in front of the car.
(sum-nus) This is the tape from the drive-in window.
It runs from 12:00 to 5:00.
Okay, start around 3:00 and then work backwards.
There's like 97 buttons on this thing.
Can I see that? VAN BUREN: Find anything? Hey.
Still looking.
I put a FINEST message out to all our commands and the state police haveissued an Amber Alert, but there's still no Missing Persons report to tie in to this.
There! Play that forward.
White guy, baseball cap.
CASSADY: What's that on the kid's shirt? W-A? W-A.
Warren.
Private school on 96th.
(KNOCKING ON DOOR) What's this about? It's really better if we talk inside, Mrs.
Fogarty.
Is your son, Kevin, home from school? No, I just got in from work.
I was starting to wonder why he wasn't here.
Is this your son? Where'd you get that? What's going on? Have you heard from Kevin? No, I was trying to call Josh on his cell phone, and he wasn't picking up.
Who's Josh? A high school boy who watches Kevin afierschooL Where's my son? We're pretty sure he was in a car on 31st and 10th with a man.
Do you recognize him? Oh! Oh, my God! No! Kevin.
We're doing everything we can to find him, Mrs.
Fogarty.
We'll need a recent photo of Kevin.
I have one we took last weekend.
And, uh, the boy, Josh, we'll need an address for him.
The Fogartys pay me six bucks an hour to watch Kevin till they get home.
CASSADY: And you were with him today? Yeah.
But he's not here with you and he's not at home.
I don't like your tone, Detective.
Kevin's missing.
I don't know anything about that.
I walked Kevin to his place and I played video games with him for awhile, and then I came home.
This glitter on your face, it looks like it's from eye shadow.
You weren't with Kevin this afternoon.
You were making out with somebody! I met Kevin at his bus like I usually do, and then I got a text from this girl that I know.
She said her mom wasn't gonna be home for a couple of hours, so So you hooked up and left Kevin on the street? He was only three blocks from his apartment! Did you notice anybody watching him where the bus let him off? Somebody following you in a car maybe? Hmm.
Last week this guy tried talking to one of the kids when they got off the bus, but after the kid screamed and gave him the finger, the guy left.
ED: Do you remember anything else about this guy? He was old, like my dad's age.
And he was standing by his car.
A dark red car.
And I remember a decal on its back window.
An eagle with a football in its claws.
Flames coming off its wings? Yes, sir.
Thank you.
Maryland State Blazing Eagles.
I dropped a lot of cash on them a few years back.
DELGADO: You guys locate the car? There it is in the driveway at 2767.
It's a burgundy Honda registered to Charles Wright.
Mr.
Wright got a sheet? No, just a BA in sociology from Maryland State.
We're gonna go check out the car.
Okay.
Okay, guys.
Let's do this.
House looks quiet.
I see a Blazing Eagle decal on the rear windshield.
Hmm.
There's a dark blue blanket folded in the backseat.
The little window near the door, the blinds just moved.
Let's go ring the doorbell.
MAN: Get back, I have a gun! ED: Are you Charles Wright? Did you hear what I said? Get away from the house! Okay, man.
We're sorry.
We're leaving.
Jackpot.
Mmm-hmm.
Suspect's in the house.
Says he's got a gun.
CASSADY: No sign of the boy.
Okay, we sit.
We've got a hostage team on the way.
Let's hope there is a hostage and Kevin's still alive.
We got a couple here saying they're the boy's parents.
ED: Yeah, that's them.
Deal with them, please.
Is Kevin in there with him? We're not sure, Mrs.
Fogarty.
The news said the guy had a gun.
That's just speculation.
Listen, we have a command post that's set up in this house down the street.
The best thing for you to do is to go there and wait.
We'll have this officer No! We're staying right here.
DELGADO: We got movement at the door! (GUNS COCKING) Sir! Sir, can I talk to you? MAN: Get back, or I'll start shooting! All right, all right, all right, I hear you.
I hear you.
Listen, I just need to know that the boy's okay.
Whoa, what boy? His name's Kevin.
I just need I just need you to bring him to the door so I can see he's okay.
I don't know what you're talking about.
Look, if there's been a mistake here, this is the time to clear it up, Mr.
Wright.
Well, my brother-in-law ain't here.
You're not Charles Wright? You know who I am, you're the ones got the warrant.
VAN BUREN: What kind of warrant? The burglary? In Flatbush.
We're not here on a burglary.
We're looking for a child abductor.
Hey, I'm no child abductor.
Sir, if there's some warrant out for you, we can clear that up.
Right now, you haven't done anything wrong here.
So just put your gun on the doorstep and we'll straighten this out.
I don't even have a gun.
Go, go, go! And I didn't take no kid! Look, after CSU clears the house, check it.
Cellar to attic.
Damn.
John Lee Foster, wanted for burg one in Kings County.
We had him transported to court in Brooklyn.
We wasted a half a day out there.
That car was a hit, Lou.
The numbers were right on the plates.
Well, I guess the meter maid got the numbers wrong.
How are the parents? Not good.
TARU set up a nest kit in their apartment, but nobody calls.
Almost 40 hours.
That's not good.
(PHONE RINGING) Van Buren.
Yes.
Okay.
They're on their way.
The 1110 in Queens got a call from a crew from the Parks Department.
Over there.
(EXCLAIMS) It's him.
That's him.
The boy was smothered to death between 7:00 and 9:00 night before last.
While we were busy collaring a burglar.
Smothered with what? Well, I found blue synthetic fibers in his mouth.
Maybe from a pillow or a blanket.
What else was done to him? RODGERS: If you're asking about sexual abuse, I found no evidence of that.
Bruising on his arms and torso was probably from being pinned down when he was being smothered.
Other than that, he's as perfect and innocent as the day he was born.
Hasthelab been through the garbage bags? All the trash was traced to houses in the neighborhood.
All the houses checked out.
The doer probably picked up bags along the way, just to pile on top of the dead body.
The shopping cart was from a local grocery store.
Local cart, local trash.
See if there are any sex offenders living in the area.
Yeah, I drive an Audi.
That's it right there.
Why? And you r whereabouts two nights ago between 7:00 and 9:00? Is this about the kid they found over at the parkway? You think I had something to do with that? You are a registered sex offender.
Okay, 15 years ago, when I was a senior in high school.
I had sex with a girl in the ninth grade.
Consensual sex.
But her parents caught us, and I was prosecuted for statutory rape, and now I'm considered a sex offender, like I'm some kind of pervert.
And now you're gonna tell us where you were two nights ago.
And Tuesday afternoon, for that matter.
I was at work at my office in the city.
I'm an accountant, and it's almost April.
We're gonna verify that with your employer.
Did you ever notice a red Honda around here? With an eagle decal? Uh Maryland plates, right? Yeah, I walk Nipper every day before work.
I've seen that guy.
He comes from that way right around 8:15.
Can you imagine our guy wheeling a shopping cart through here with a body in it? Yeah, it's always the quiet neighborhoods.
Hmm.
Blue Velvet, white picket fences with a severed ear on the lawn.
(CHUCKLING) I love that movie.
Oh, burgundy Honda, ED: Another burgundy Honda.
What are the odds? ED: There's residue on the glass, like something's been scraped off.
A decal, for example.
F-Z-F-4-7-5-8.
Two out of seven doesn't win the lotto.
Uh-uh, see how the bottom of the plate is cleaner on the two "F's"? Put tape there to make them look like "E's.
" E-Z-E-4.
Call in a 10-85 and check around back.
Manhattan homicide detective to Central, requesting assistance.
No exits in the back.
There's a kid in there playing video games.
"Roger Kraslow.
" Hey.
Your parents home? Uh, no, my dad's at work.
Roger Kraslow, thafsyourdad? Yeah.
When will he be back? Tonight.
Do you mind if we come in for a minute? I really have to go to the bathroom.
Um, I don't know.
Please? Okay, yeah.
I guess.
It's just down the hall.
Thank you very much.
TORY: Yeah.
It's a nice score, Tory.
You're whopping your dad's butt.
So where does he work? Queens Plaza, he's the manager at that copy place.
He knows about you missing school today? Yeah, he doesn't mind.
I was feeling sick.
GameBox Ill.
Tried to get my nephew one of those for Christmas, but they were sold out.
Yeah.
Uh Maybe you should go now.
Why? ls there something wrong? Well, my dad just doesn't like people in the house.
Why? Has he got something to hide? What? Was there another boy here a few days ago? No.
Why do you keep looking at your shoes? I don't know.
ED: You sure you're okay, Tory? Yeah, I'm fine.
I don't think you are.
(BREATHING HEAVILY) What's going on, man? (sum-nus) Roger kidnapped me five years ago, and I wanna go home.
ED: The kid's real name is Tory Quinlan.
He was in Macy's when he disappeared five years ago.
And he was in Queens the whole time? He says he was free to come and go.
Even attends high school in Flushing under the name Tory Kraslow.
When we first started talking to him, he was calling Kraslow "Dad.
" So why isn't this Kraslow guy in custody? Did you check out where he works? He hasn't been in the last couple of days.
He's in the wind.
Looks like Tory's parents.
Tory? Tory, it's really you.
(GASPING) (SOBBING) It's good to have you back home.
We never gave up hope.
Oh! And I thought I'd seen it all.
Tory might know where Kraslow's hiding.
We need to talk to him.
Only the Lord knows what this boy's been through, Ed.
If you press him on the details of the last five years, he might shut down entirely.
Stick to where we can find Kraslow.
If he's not at work, I don't know where he's gonna be.
Does he have any relatives? His mother died.
She left him the house.
Did Roger ever take you anywhere, Tory? A friend's house? Hotel? Do we need to really put him through this right now? This won't take much longer, Mr.
Quinlan.
We mostly stayed home.
How about when Roger got stressed out? Was there a special place he liked to go? I don't know what you mean.
I mean, a place where boys might be playing.
A basketball court, skateboard place? Did Roger have a place like that he always went to? Well He said he liked to watch the boats, but You know.
What is that, a sloop or a schooner? I can never tell the difference.
Me neither.
I just like looking at the boats.
Really? 'Cause you were checking out that basketball game over there.
No, lwasn't.
Any good prospects, Roger? Excuse me.
I'm taking you in, Roger, for kidnapping and murdering that little boy! No, I didn't hurt anybody! No, please, I need to go home! I need to make dinner for Tory.
I need to get home to my son! We've got Kevin Fogarty's blood in the defendant's car.
DNA and fiber matches on the throw pillow used to suffocate him.
Two A-1 felonies and a capital murder.
This guy Kraslow is a poster boy for the death penalty.
You can only dream, Arthur.
I want his cup overflowing, Jack.
I want him charged with everything.
Including the murders.
JACK: Tory Quinlan alluded in a vague way to Kraslow abusing him, but we haven't pushed for details yet.
Something you guys gotta see.
So how does it feel to be back home safe and sound? I feel really good about it.
Did you ever lose hope that you'd be found? TORY: Not really.
DOUG: We never stopped looking for him, Callie.
I just wanted to thank the police officers who brought our son home.
The last thing that boy needs is to be trotted around like a circus freak.
Why don't you have a little talk with the Quinlans? Wherever we go with Tory, people are just amazed at this miracle.
JACK: I'm not sure it's the best thing for your son to have all this exposure.
Tory is getting counseling, Mr.
McCoy.
I'm glad to hear that.
How's he doing? LISA: Really good.
He's not back in school yet, but he's acting like a normal teenager.
He loves going to the studios and doing the shows.
All these people send these presents.
We're gonna sell most of this stuff to pay for some bills.
Is Tory spending any time with kids his own age? He really doesn't have any friends.
Except for the ones at the school in Queens.
I'm sure it will be a difficult adjustment.
He may have to testify at Roger Kraslow's trial.
But you caught the man red-handed.
I really don't want Tory to have to go through atrial.
Come on, Lisa.
Tory's gotta tough it out.
He's gotta go to court and see this thing through.
Right, Mr.
McCoy? If we can spare him the ordeal of a trial, we will.
In the meantime, it'll be best to keep your son out of the spotlight.
JACK: I'll be honest with you, Ms.
Kurland.
If the death penalty were available to us, we'd be seeking it.
I won't make any deal where your client has the remotest chance of getting parole.
Then what's in it for him? He avoids the public humiliation of atrial.
And if he has any shred of human decency, he won't put the victims' families through more than what they've been through already.
KURLAND: You have to make it worth his while.
Twenty-five-to-life.
JACK: Not a chance.
Forty-to-life, and he waives all right to appeal.
He'll have to allocute to intentional murder.
And I want a preview now, so there are no misunderstandings.
I told Kevin I was just going to keep him for a few days.
And that if he didn't like it with me, he could go home.
I let him stay in Tory's bedroom and play with his old toys.
But But on the second night, I caught him climbing out the bedroom window.
I got very angry» and he started crying.
And that's when I threw him down on the bed and put one of the pillows over his face until he stopped.
A pillow from where, Mr.
Kraslow? From the bed.
Describe it.
It's like Like what you sleep on.
In a white pillow case.
(sum-nus) The offer's off the table.
Why? What's going on? We'll get back to you, Ms.
Kurland.
Wrong kind of pillow.
I even gave him a chance to correct himself.
Maybe he thinks creating an inconsistency about the murder weapon will give him grounds for an appeal later on.
Let's make sure we've got this right.
Go back to the crime scene with the detectives and nail it down.
We got the right pillow.
Kraslow'sjust messing with you.
You found his prints on the shopping cart? That doesn't mean anything.
The next door neighbor said Kraslow kept that cart in the back to use for gardening.
And what about on the garbage bags? Kraslow's prints were only on the bag the boy was found in.
It came from a box we found under the kitchen sink.
He could've been using gloves when he was picking those other bags up along the way.
I don't see the problem here, since he's copping to it.
Regardless of what he says, we have to establish his presence in the house between 7:00 and 9:00 on the night of the murder.
There may be one way to do it.
He liked to play video games with Tory.
This keeps a record of the players and the score along with the date and the times of each game.
Maybe he was playing the night he killed Kevin.
First game here.
Night of the murder.
Maybe that was just the first game that was saved.
This box looks brand new to me.
The GameBox was purchased the night Kevin Fogarty was killed.
in the Syosset Mall.
Smack in the middle of our time of death window.
Who bought it? Roger Kraslow.
I saw the store video myself.
He was in Toy Barn at the time Kevin Fogarty was killed.
There's no wiggle room in these numbers? The mall is an hour from his house in light traffic.
So Kraslow wasn't even home at the time of the murder.
Pedophiles often share their victims with other pedophiles.
Maybe he has an accomplice.
If anybody knows about that, it'd be Tory.
Let's talk to him.
Without his parents.
No, I never met any of Roger's friends.
I don't I don't think he has any.
How about someone he invited over to spend time with you? To molest you? No.
JACK: We know this is hard for you, Tory, but we need the truth.
Did Roger let anyone else abuse you or abuse Kevin? No.
But, um JACK: But what? Well, the first night my dad, uh I mean I mean Roger.
It's okay, Tory.
Well, the first night he brought the kid home, I was in the park shooting baskets, so I don't know who was there.
I didn't get back till late.
Kevin was already upstairs? Roger told us he had given him your room.
Yeah, he told me to sleep on the couch.
It sounds like you didn't mind.
Yeah.
I mean, I slept there a lot.
You know, watching TV.
What about the second night? The second night, I was in my room doing my homework.
And Roger was in his room.
Where was Kevin? Kevin Kevin ran away.
He ran away after dinner.
You know, Roger was kind of bummed out, and so he just stayed in his room all night.
Hmm.
Is ls Roger gonna go to jail for a long time? Yes, probably for the rest of his life.
The fact that Roger's going to jail make you feel bad? He's He's a criminal.
He should be in jail.
Then why are you upset? I don't know.
I guess 'cause of what he did to me.
Am I done? JACK: Almost.
Tory, the night Kevin died, you absolutely sure everything happened the way you describe? Yes.
Can I go now? I wanna go home with my family.
That's fine.
He said Kraslow was home all night, which we know is a lie.
He told us Kevin had escaped.
Which could be true.
Then how did he end up dead in the shopping cart that Kraslow kept in his backyard? Hold on, Tory.
Officers, arrest this young man.
Arrest him? For what? The murder of Kevin Fogarty.
But it was that man who killed him! Tory! You can't take him away from us again! You can't do this! You're not taking him! Step back, Mr.
Quinlan.
Just get out of the way, Dad.
(sum-nus) KURLAND: If you're not charging murder, we need to revisit the plea offer.
First, I wanna know why he never told anybody he had an alibi.
What difference does it make? You were sending me to jail for the rest of my life anyway.
I always appreciate a freebie, Mr.
Kraslow, but I think there's more to it.
I know you think I'm a monster.
But I loved Tory like a son.
Like a son you sexually abused.
At first, yes.
I'm not in any mood for a sob story! You're a predator, Mr.
Kraslow! But I'm still human.
As hard as that is for you to accept.
And after everything I did, it just wasn't right to let Tory go to jail if I could do it for him.
Enough of your treacly mea culpas.
KURLAND: All right, let's talk numbers.
Fifteen-to-life for two counts of kidnapping.
I was taking his plea to spare Tory Quinlan.
That's something I'm not that concerned about anymore.
What makes you think Tory wants a deal? Your client has been through far too much.
I don't think 25-to-life is his best option right now.
So dismiss.
We'll agree to intensive psychiatric counseling.
Murder two, ten-to-life, get counseling from the state.
I don't think you fully grasp the situation, Mr.
McCoy.
This boy was held in captivity for five years.
He was Roger Kraslow's sexual plaything.
I've got the most sympathetic defendant in the annals of criminal justice.
Facts win trials, Mr.
Young.
Which is why I'll change Tory's plea from not guilty to not responsible by reason of mental disease.
On what basis? He killed because his free will was overborne by his captor.
He was suffering from Stockholm Syndrome.
TORY: When Roger first kidnapped me, he kept me locked in a room, and he would come in and do things to me.
DR.
OLIVET: Sexual things? I don't wanna talk about that.
Okay, I understand.
Did you ever try to run away? Or ask somebody at school for help? Well, I was I was scared to.
But I prayed, you know, that my family would find me.
Even these last few years? Well, eventually I lost hope, but by then, Roger had started being nice to me.
You know, taking me out and buying me clothes I wanted and CDs and videos.
Why do you think he came home with another boy? Well, I don't know.
I mean, lwasn't around much this year.
You know, I got on JV track.
DR.
OLIVET: Roger was okay with that? We had a big fight about it.
He didn't want me to.
So you won that argument.
When Roger brought Kevin home, did that affect you in any way? Like how? He let Kevin use your room.
Play with your things.
Didn't he buy Kevin an expensive video game? It wasn't like that.
Was that a video game that you wanted for yourself? No.
Roger didn't care about Kevin.
Kevin was taken from his family just like you were.
Did you ever think of trying to help him? Why should I? I mean, he was He was trying to run away.
Is that why you killed him? I tried to get him to stop, but he wouldn't.
He wouldn't listen to me.
So that made you angry? Well, yeah, because if he ran away, then Roger would get in trouble.
Which would mean you would have to go back to your parents.
(WRITING) I have no doubt that the boy was traumatized and damaged.
To the extent that he couldn't escape? Well, escape is the wrong word.
They'd settled into a dynamic that resembled a family.
A symbiotic father-son type relationship.
What about his relationship with Kevin Fogarty? I'd have to say that Tory demonstrated a striking lack of empathy to Kevin's situation.
JACK: Because his moral sense had been eroded? I think he viewed Kevin as a rival for Kraslow's affections, as twisted as that was.
Tory was essentially being replaced with a younger version of himself.
Are you saying he killed Kevin because he was jealous of him? Partially.
I think he was also lashing out at Kraslow for replacing him.
Tory's not an automaton who was programmed to do Roger Kraslow's bidding.
He had free will, and he certainly knew right from wrong.
I told Kevin that if he was good, I would buy him something special.
I went to the store to buy him one of those GameBoxes.
And Tory was supposed to watch him.
And when you got home Tory said that Kevin got away while he was in the bathroom.
And I thought it was true until I saw it on the news.
When was the last time you molested Tory? The last time was two years ago.
JACK: The last time you threatened him or hit him? I never hit him.
And I didn't have to threaten him.
I just grounded him if he didn't do his homework or his chores, that's all.
YOUNG: So you stopped molesting my client after three years of captivity.
Why? Because he stopped being a little boy? I didn't wanna do it anymore.
Oh.
You didn't want to.
In those first three years, how often did you molest Tory? Once a day? I'm not sure.
Twice a day? Three times? I I don't know.
You lost count.
Tell us.
Did Tory every cry when you molested him? Sometimes, but, uh He was afraid, wasn't he? Afraid of getting hurt.
Well, at first, but Afraid of getting you angry.
Of doing the slightest thing that would provoke you to hurt him even more.
I don't know about that.
Even of running away.
No.
No.
We We were a family.
A family? Maybe in your deviant mind.
Withdrawn.
Nothing further for this witness.
MINDY: Tory exhibits a classic case of capture bonding, better known as Stockholm Syndrome.
Bonding with his captor as a son was Tory's best hope for survival.
Tory was free to attend school, spend time with friends.
How is that captivity? Tory may have been free to come and go, but he was bound by invisible chains.
But these invisible chains only explain why Tory failed to escape.
How do they explain an unsolicited act of homicidal rage? MINDY: Consider what the boy's been through, Mr.
McCoy.
From Tory's point of view, this was survival.
No.
It was murder.
Of a defenseless little boy.
Withdrawn.
CONNIE: We're getting our asses kicked.
Thanks for sugarcoating it.
Any suggestions? Call Young.
Offer man two.
Because we're losing or because you feel sorry for Tory Quinlan? Even if you don't buy the defense, Jack, it mitigates what he did.
Which can be addressed when he's sentenced, after he's convicted.
CONNIE: Tory keeps brushing something from his jacket.
And earlier in the courtroom, I could've sworn he was wearing makeup.
The kind my sister used to wear after a bad night with her abusive boyfriend.
How thoroughly did we check out the Quinlans? Well, there wasn't much to check out.
They moved to New York before Tory was abducted.
Find out where he used to live and pull everything you can find.
And we may need Lisa Quinlan as a rebuttal witness.
Doug and I moved here from Ohio when Tory was ten.
Doug thought he could catch on with the construction company.
But you've been on and off public assistance? That's right.
Doug isn't Tory's biological father, is he? No, he isn't.
Back in Ohio, when Tory was nine, the school called social services when he showed up in class with a broken jaw, isn't that right? I have the records right here, Mrs.
Quinlan.
That was nothing.
Tory fell off his bike.
That's what your husband told the authorities backthen.
They had their doubts.
What about today, Mrs.
Quinlan? Why does Tory have a black eye? He doesn't have a black eye.
Your Honor, I'd ask that a court officer use this handkerchief to wipe the area below the defendant's left eye.
Objection.
No one's touching my client.
JUDGE: Sustained.
What's going on, Mr.
McCoy? Mrs.
Quinlan, as we sit here today, isn't it true that your son has a black eye under some makeup? Because he wasn't used to being home.
He walked into a door.
JACK: A door? A bicycle? Is it possible, Mrs.
Quinlan, that one of the reasons your son didn't return home for five years is that he was afraid of your husband? No! That's a lie.
He was kidnapped! It screwed up his head! JACK: Or maybe he found more love and acceptance with a stranger than with his stepfather.
YOUNG: Objection! JUDGE: Sustained.
Nothing further.
Your grandstanding's gonna backfire.
If anything, you've made him more sympathetic.
I can see the argument for extreme emotional disturbance.
I'll take a plea of man one.
I suggest you seriously consider it.
It's considered.
And rejected.
I can't imagine what you've been through, Tory.
But if you snapped or made an error of judgment, you can do your time and put this behind you.
TORY: No.
Roger brainwashed me.
He made me do it.
Roger was 40 miles away.
You knew exactly what you were doing.
I don't even believe that Kevin was trying to escape that night.
I think you just wanted to make him go away.
You don't know what it was like! You don't know.
Blame the victim.
That's the People's case.
And you should be outraged.
Rather than accept the fact that Tory Quinlan was manipulated and brainwashed by a sexual predator, they want you to blame his family.
And now Tory needs your help.
Because instead of psychiatric care, the prosecution wants to send him to jail.
He's already been in jail, ladies and gentlemen.
Roger Kraslow's house of horrors.
We've entered a world here that's truly outside our experience.
Can we ever really explain why Tory didn't walk away? Didn't seek the help of his teachers or the police outside his school? Something compelled him to return each day to that house, to that man.
But think about the brutality it requires to suffocate a boy with a pillow.
Can Stockholm Syndrome, even if it exists, explain that? Can it explain concealing the victim in a garbage bag, carting his body through the neighborhood, and dumping it in the woods? These acts were driven by the history of violence in Tory's family and by some of the oldest motives in the book.
Jealousy.
And betrayal.
So he resorted to the last refuge of the desperate.
He put a pillow over his rival's face and held it there until Kevin Fogarty was dead.
JUDGE: Has the jury reached a verdict? We have, Your Honor.
JUDGE: On the charge of murder in the second degree, how do you find? We find Tory Quinlan guilty.
Oh! (INAUDIBLE) WOMAN: Excuse me.
Until we dug up the dirt on the Quinlans, I would've bet on a not responsible verdict.
It was a good catch, Connie.
(sum-nus) And what if Tory was a well-adjusted kid from a good family? Not our facts.
I hope we never have to try that case.
I take it you'll be recommending the minimum? It was a good win, Jack.
Nobody won.