Law & Order (1990) s20e06 Episode Script
Human Flesh Search Engine
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.
.
- All right, a little bit more.
Come on, Allie, come on.
You can do better than that.
Let yourself go.
Nice.
Oh, my god.
Give me a pout.
Come on.
Feel the clothes against your skin, baby.
There you go.
That's it.
Think nasty thoughts.
I love it.
It's beautiful.
Hey.
Hey! We're trying to sell clothes here, man.
These are for billboards.
You gotta think big.
- I got it, Sid.
I got it.
[laughter.]
- Who are they? - I don't know.
- If I'm not paying you to be here, get the hell out.
[laughter.]
Am I paying you? - I'm the dj.
I spin records at one of your stores.
- Oh, so you put this song on? You're fired! You know what? In fact, everybody, get out! Everybody, let's go! Come on, out! Okay? Not you, baby.
Everybody else.
I'll finish the shoot myself.
Thank you.
Out! Come on, baby.
That's it.
Okay.
Oh, my god! I love it! Oh, yeah, that's it.
- D.
O.
A.
's name is Sid Maxwell.
The neighbor came home at 3:00 a.
M.
And saw the door propped open.
Almost had a heart attack when he saw the body.
- What do we got, a sex mishap? - If it was erotic asphyxia, he miscalculated.
No fluids.
He lost consciousness too soon.
- The guy could've saved himself just by standing up.
- Pushing the limits is part of the thrill.
But if you take it a little too far - No happy ending.
These look like tights.
Double-knotted.
He's supposed to have done this himself? - He could've tied his hands in front, Then stepped over them, like this.
I'm just speculating.
It's not from experience.
- Good.
There was a photo shoot going on? - [exhales.]
tripod, no camera.
Here's the photographer's name.
- Yeah.
Looks like he missed the best shot.
- I gotta get going.
We just caught a fresh one.
- I'll alert the criminals you're on your way.
- May be no criminals involved.
Just solo sex gone horribly wrong.
- Solo sex? That has to be wrong.
- Well, here we go.
First day of the new me.
What do you think? - I always had a thing for Grace Jones.
You're beautiful.
- Sid seemed fine yesterday.
Manic.
Total prick, like always.
You can be that way if you're rich, I guess.
- How did he get rich? - By starting skintight apparel.
He was the sexy underwear king of the lower east side.
He threw everybody out around 6:00, including me.
- He threw the photographer out of a photo shoot? - Sid liked to do things himself.
- Yeah.
So we gather.
- The girl stayed behind, though.
- The model? - Model, hooker, girlfriend, employee of the month.
It was kind of a fluid position.
- Uh-huh.
- Sid and I met when I was working three jobs And sharing a loft with six roommates.
He hired me on the spot.
- Hired you to do what, exactly? Hold up.
- Anything Sid wanted.
Working in the store, modeling.
- Spotting for him during s & m sessions? - Sid said he wanted to try something new.
I didn't want to seem like a prude.
He just wanted me to watch.
- So did you? - I told him I had to go get cigarettes at the store.
I was weirded out.
I just went home.
- So you just left him hanging there With his hands tied behind his back? - No.
His hands were not tied when I left.
- Did any of his staff have complaints? - Yeah, there was one girl.
She got pretty freaked out.
I think she sued him.
- That son of a bitch.
He pulled my top off at a photo shoot At the st.
Patrick's day parade.
No warning.
Just, "oops, you're naked.
" - And that was more than what you bargained for? - My job description didn't say "get raped by leprechauns.
" Sid's lawyers said I should have understood I was working in a highly-sexualized environment.
- Well, it sounds like you had a good case.
- We'll never know.
Sid's lawyers buried my guy in so many motions, I couldn't afford to keep going.
I lost.
Sid won.
- When was the last time you saw Mr.
Maxwell? - I don't know.
Six months.
- No contact after that? - I told myself the one good thing Was I'd never have to hear his voice again.
And I didn't.
And now I never will.
- Huh.
This guy had a way with women.
All sex all the time.
- His company sells five-Dollar t-shirts for $40.
Sex is part of the brand.
- And his model-slash- girlfriend-slash-whatever Was fine with that? - According to her.
- The building's surveillance camera Shows her leaving Maxwell's place at 10:00.
Then it stopped working.
- Well, that's a coincidence.
- She left the apartment door ajar So she could get back in.
The building door had a keypad lock.
Maxwell gave her the number, But she took off for brooklyn instead.
- Where an atm saw her withdrawing cash at 10:30.
Time of death was after midnight.
- Sag paneer, loo? - Oh, no thanks.
Me and food aren't getting along that great.
- "you are a hideous pig.
" Uh, it's, uh, "I heard your lawyer quit.
Now how are you going to pay for the boob job you need?" It's a text message between Sid Maxwell and Bonnie Allman, The girl who sued him.
- She said she hadn't heard from him in six months.
- She said she hadn't heard his voice.
Maxwell sent this to her last Monday.
Yeah.
Tuesday, Maxwell filed a complaint.
His car was vandalized.
- Bonnie Allman strikes back? - "text this, scumbag!" - Yeah.
"love, Bonnie"? - She saved the ten cents it would cost to reply by text, And this was so much more satisfying.
- The car doesn't look like it's been driven Since the incident.
The driver's window is smashed, With shards of glass embedded in the seat.
Whoever did this used some force.
- Yeah.
Somebody cared.
- I've got some prints where the basher May have leaned in to slash the upholstery.
I'll get them over to latents.
- No match.
The prints on the car don't belong to Bonnie Allman.
- Do they match anyone we know? - Got a dozen hits for a guy named Todd bissell.
He's a perp that was arrested For public lewdness - Okay.
B-I--two ss? - Yeah.
- All right.
Mr.
Bissell.
Am I nuts, or is that Sid Maxwell with a moustache? - 12 years ago, lean and hungry.
He must have changed his name When he became the underwear king.
- Okay.
Let's see what else he was up to as Todd bissell.
- What's that? - "flashposse.
Net.
A site dedicated to righting social wrongs.
" - Is he typing on that with both hands? - Yeah, and flashposse is mad.
"this idiot veered into my lane on the fdr today.
He was texting while driving.
I could have been killed.
" Look at this one from Freddy-six in long island.
"somebody needs to kill him before he does kill someone.
" - How'd they know who it was? - Hmm, "I identified the car and model "from its dashboard and then hacked into dmv records "for every '79 Mercedes that color in New York, "New Jersey and Connecticut.
"I found one that is registered To someone named Todd bissell.
" - Mm-hmm.
- They posted his address.
"326 bowery, apartment 11a, "in case anybody wants to drop by And teach this jerk some manners.
" - Somebody did.
- It's not a blog.
It's a forum for corrective social action.
- Yeah, well, it struck me like a well-chummed shark tank.
- Look, if somebody lets their dog crap on the sidewalk, That's an offense to everybody that walks by, right? This is just a way of striking back.
- So you take a picture of the owner, Find out who they are, Post their address and phone number.
- So people can tell them what they think.
If they shove dog crap in our faces, They can take a phone call.
- Hmm.
How do you get this information? - Flashposse.
Net has thousands of visitors.
Between us, we have a lot of expertise, A lot of connections.
- In China they call it a human flesh search engine.
- Yeah, there was a woman there, She posted a video of herself Stepping on a kitten and killing it.
Just her shoe and the kitten.
People blew up the video, They found out where the shoe came from, They identified a building in the background.
- They found out who it was.
She lost her job, she had to go into hiding.
- Do you feel bad for her? I don't.
- We're here about a man named Todd bissell, And as far as I know, he didn't massacre any cats.
- Bissell's just as bad.
Do you know how dangerous texting while driving is? - Yeah.
"somebody should kill this guy.
" From your website.
I didn't realize it deserved the death penalty.
- You never heard of hyperbole, detective? - It wasn't hyperbole.
Todd bissell was murdered.
- Under his other name, Sid Maxwell.
- And you think we had something to do with that? - We'd like the names of your members Who posted threats against Mr.
Bissell.
- No.
- Hmm.
We are the police, Mr.
Leary.
And it's our job to take "corrective social action.
" - No.
- All right, all right.
- Well, the comments on the website are pretty intense.
- The comments on that website are probably free speech.
It's not going to be easy to uphold a subpoena.
- Is this free speech? It's from the site.
This is Maxwell's vandalized car.
- You think the guy who vandalized the car Took the picture? - We can't prove it.
- Neither can I.
Listen, if you can show the flashposse's hot air Has real world consequences, I might be able To convince a judge to give us those names.
- Well, that site goes after a lot of people.
- Find me a good one.
- I thought the worst thing that could happen Was when my husband committed suicide.
Then, a month later, the phone calls started.
People I didn't know.
They called me a whore.
They said it was my fault.
The website posted excerpts from my husband's diary That it got from his parents.
They said I had an affair And that's why Donald killed himself.
I asked the website to take them down.
They said they were providing a public service, Letting the public decide what was right and what was wrong.
- It's my understanding that Mr.
Leary offered ms.
Davies The chance to tell her side of the story.
- I'm supposed to go on a public website And tell the world I had an affair, But my husband had 20, and he was clinically depressed? Isn't that private? Shouldn't that be private? Who made you god? Why don't you leave people alone? - Okay, okay.
Thank you, ma'am.
Okay, now what does that have to do with this subpoena? - It demonstrates that threats made on Mr.
Leary's website Have consequences.
- Ms.
Rubirosa is talking about Constitutionally-protected opinions.
The subpoena should be quashed.
- No, I am talking about Specific threats made to kill a man Who soon after was killed.
- That's venting.
It's hot air.
"I could kill that guy who stole my parking place.
" It's a figure of speech.
- Not to Rebecca Davies, it's not, as we just heard.
- If anyone harassed that woman, arrest them.
They committed a crime.
But people who expressed opinions on a website did not.
- I feel sorry for the lady, ms.
Rubirosa.
I really do.
But I honestly don't see what she has to do with Mr.
Maxwell.
- Rubirosa just called.
[cell phone rings.]
No subpoena for the names.
- Bernard.
- So we find another way.
- Who is this? Hey, screw you.
- I'm guessing that wasn't your mother.
- Somebody calling me a Nazi.
You know, an hour ago, somebody called, Telling me that I needed to go on a diet.
- Maybe that was your mother.
- No.
[typing.]
[computer beeps.]
Oh, flashposse.
Net.
- "detective Kevin Bernard.
Call and tell him what you think.
" - Oh, they even posted your cell phone number.
Thoughtful.
- My unlisted number.
Somebody hacked it.
- "corrective social action.
" [computer beeps.]
- New post coming in.
"this cop bully should be ashamed of himself.
" - You know, if we were set up right, We could trace these messages as they're posted.
That's when the links are open.
- So we wouldn't need a subpoena.
- Just a big juicy target to get the ranters ranting.
- What about lupo? He's juicy.
- [laughs.]
thank you.
But four years in intel.
We don't want anyone digging through that.
- Plus, you seem to be the one they like, detective.
- These guys are good.
They've got your credit record up now And police reports.
Were you arrested for speeding in California in 1996? - Look, I got a ticket.
I paid the fine.
- Okay, and here is billyboy14.
"this cop is an outrage.
A policeman's first duty is to protect our liberties.
" And here is our trace on billyboy.
- Where is he? - He's in astoria.
- All right, write him back.
- Okay, what's my screen name? - "detective Bernard.
" We want them to know it's you.
- All right.
[typing.]
"my first duty is to arrest criminals Who hide behind bogus free speech.
" - Hmm, nice.
All right, looking good.
You know how to piss them off.
- My special talent.
- [laughs.]
any of these screen names Match the people who threatened Sid Maxwell? - Uh, yeah, one or two.
Hit 'em again.
- "you're cowards and you're stupid.
" [laughter.]
- Okay, okay, we are matching, matching Tracing, tracing - Wow.
Oh, they hate you, b.
They really hate you.
- I see.
Wow.
- I was just blowing off steam.
That's not against the law.
- Hey.
"if he can't keep his hands on the wheel "and eyes on the road, maybe he ought to lose them.
Taliban justice.
" - It was a joke.
- "this guy should be tied in the middle of fdr drive While texting drivers try to Dodge him," Says sly-avenger.
That's you, right? - Well, that's not what happened To him, though, is it? - I'm so embarrassed.
Some of the things I wrote about that man, I-- My language was inappropriate.
- Well, frankly, ms.
Sands, you don't seem like the type.
- I know.
It's just [exhales.]
Three years ago, my daughter was killed By a taxi driver who was texting.
- I'm so sorry.
- They never caught him.
And when I saw the photo of that man texting, Not even looking at the road Some other child could have been hurt.
- Maybe I can look into what happened to your daughter.
- That would be Thank you.
- Someone hacked into the security system At Sid Maxwell's building the night he was killed.
You worked as a security systems engineer.
- So? - This is a photo of Maxwell's vandalized car, Uploaded from your I.
P.
Address.
If your prints are found in his apartment, You're screwed.
- I'm screwed? A, I didn't kill anybody.
B, it's not my social security number That got posted online this morning.
- So I should be going.
Is there anything else? - No, no.
We have your-- your name and your address.
- Thank you for your concern.
- Lieutenant, that information you requested - Ms.
Sands, If you don't mind, Could you come back and sit for a minute? - We checked accident reports from three years ago, And there was no report Involving a taxi and a child.
- I saw it happen.
- And you do have a daughter, but she didn't die.
Social services took her away from you Because you offered her to a catholic church As a human sacrifice.
- I don't believe in human sacrifices.
- Ms.
Sands, Were you at Mr.
Maxwell's apartment Friday night? - He was getting messages from the devil.
- Who was? Mr.
Maxwell? - Not just him.
- He tells them whom to kill.
- Uh Who tells who whom to kill? Mr.
Maxwell? The devil? - May I please see a lawyer now? - Ms.
Sands has informed me That she has nothing else to say at this time.
- Except that people who get texts while they drive Are servants of the devil.
- Except that.
- She already mentioned That Sid Maxwell was one of those servants.
- So you say.
I wasn't here.
- Do you want to add anything else, ms.
Sands? - That man was evil.
If you don't know that, you shouldn't be a policeman.
- Crazy enough for you? - Oh, yeah.
Do you have any evidence against her for the murder? - So far, just her rants against Maxwell on the website.
- Well, that and this--it's enough for a search warrant.
- Wow.
- Texting while driving Texting while driving Todd bissell Todd bissell - This must be Kerry sands' daughter, The one who isn't actually dead.
- Ah, yeah, the state takes her daughter away And she can't deal with it, and she comes up with this? I don't see the connection.
- Hey, check it out.
That's the girl from the photo session The night bissell a.
K.
A.
Maxwell was killed.
Looks like ms.
Sands took a souvenir.
- That would put her on the scene, But how did she get in the building? - 8-4-2-6.
That's the entry Code, Right next to a picture of the keypad.
- And that's Maxwell's apartment door, propped open.
Looks like a security camera still.
- Yeah, a camera that mysteriously went dark.
- She was the one who hacked into the security system? - No.
The header says flashposse.
Net, Her friendly neighborhood social justice website.
- There's no time or date on this.
If she got this stuff the night of the murder, That would nail things down.
- The flashposse computer would show when they were posted.
- Hey, can we go find out with a warrant, please? - I'm calling my lawyer.
- Yeah, when you do, Tell him "the cop bully" is here With a search warrant this time.
- Hey, you can't take that.
- You'll get it back.
- There's some more gear back here.
Anything else you want me to take? - Ah, let me check.
- This is harassment.
- No.
Calling my cell phone and telling me I'm a Nazi, That's harassment.
- Oh, is that what this is about? You can't stand a little heat? - Look, I'm doing my job.
This is about a murder and a woman named Kerry sands.
Do you know her? - The woman whose kid wasn't killed by a taxi? Yeah.
We're open to the public.
We take all comers.
- That's it.
You ready to go? - Yeah.
- Oh.
- Bye.
- Here's the full dump of material From the Sid Maxwell section of flashposse.
Net.
- Yeah, the good stuff was in a password-protected area For people who had a special interest in Mr.
Maxwell.
- The Code to his building's front door? - Right, just in case somebody wanted to drop by.
Ms.
Sands accessed this photo just after midnight.
A few minutes later, She takes a car service to Maxwell's apartment.
- Do you have the driver? - Mm-hmm.
He remembers her pretty well.
She told him she doesn't take taxis Because of their link to the devil.
- Hmm.
Arrest her for murder, and I will apply with the court For a 7:30 exam.
- I found the police report you filed About the taxi striking your daughter.
- The police didn't do anything.
They wouldn't do anything.
- The report says they investigated.
The taxi hit a garbage can.
Nobody was injured.
Why would it say that? - [sighs.]
Do I have to explain everything to you? - Do you mind? - Oh, I don't know.
Will you help me? - Help you do what? - Stop the killing.
Stop the evil.
- Like Sid Maxwell? Was he evil? - He got a message when he was driving.
That's when they send the messages.
They think no one can see.
- What do the messages say? - Whom to kill.
- So Sid Maxwell was going to kill someone? - Isn't that why we're here? - And you were supposed to do something about that? - There was no point calling the police.
That report proves that.
No, I had to take care of that man myself.
So I did.
- She's a pretty well-managed schizophrenic.
It's not immediately obvious.
- Unless you start talking about texting while driving? - Or about the devil.
He sends messages to his servants While they're in their cars, Telling them which pure-hearted people to kill.
- But she tried to have her own daughter killed By human sacrifice.
- For purification.
Her delusion was a little different then.
When the state took her daughter away, It rattled her reality.
That same day, She saw a taxi driver plow into a garbage can.
The garbage can became her daughter.
The taxi driver became evil.
Suddenly everything made sense.
- Perfectly.
- Is ms.
Sands competent to stand trial? - No, and if she ever is, the verdict will be "not guilty by reason of mental disease or defect.
" She needs to be locked up, for everybody's good.
- Call judge hiram and the woman's attorney.
Work out a plan for institutionalization.
Thank you, doctor.
- I'll book some time in the grand jury.
- What for? The woman's insane.
- Not for her.
Did you see the file on flashposse.
Net? - That place on the world wide web? - Actually, they don't call it that anymore.
- Excuse me, should I have said "wireless telegraph"? - Flashposse whipped up a frenzy against Sid Maxwell.
It was a virtual Lynch mob.
- A Lynch mob sitting at computers, typing things? - Yeah, things like "this guy ought to be killed" And "here's how to get into his apartment.
" All delivered into the hands of a crazy woman.
- "a person is guilty of murder "when they recklessly engage in conduct "which creates a grave risk of death to another person, And thereby causes the death of another person.
" - I know the law.
- The shoe fits, Jack.
Kerry sands was the bullet; the website was the gun.
- You really want to do this? You'll be pushing the limits, trying to make new law.
- Like you did with gun manufacturers And justice department torture memo writers? - So these flashposse people, Whom exactly are you planning to indict? - All of them.
- All of these people are parties to this motion? - Not by choice, your honor.
For some strange reason, the district attorney Has chosen to indict half of New York city For the murder of Sid Maxwell.
- Only because they all helped kill him.
- It's preposterous.
A schizophrenic named Kerry sands murdered Sid Maxwell, As the state freely acknowledges.
These people did nothing but post comments On a website that ms.
Sands occasionally visited.
- Is that true, Mr.
Cutter? - "post comments" is an understatement.
They encouraged ms.
Sands To commit violence against Mr.
Maxwell.
- If I yell "kill the umpire" and some psychotic does it, I'm not guilty of murder.
- The website went beyond exhortations To kill Mr.
Maxwell.
It gave instructions on how to do it.
Some of its members took actions that enabled ms.
Sands To enter and leave his apartment undetected.
- What are we talking about here, Exhortations or actions? - In this case, your honor, it's a pretty fine line.
- Not to me.
Any comment about Mr.
Maxwell, even negative ones, Are protected speech and may not be used In any way in your prosecution.
- There is the first amendment exception About shouting "fire" in a crowded theater.
- Were any of these people in physical proximity To ms.
Sands or the victim? - No.
- Then the theater wasn't crowded.
You are free to proceed in accordance with my ruling, If you still have a case.
- Do we? - We'd better.
If we don't stop them now, who's next? - You're lucky the judge didn't throw your case out entirely.
- She's living in the 20th century.
Words on the internet have consequences.
- Actually, she's living in the 18th century, When the bill of rights was written, Which, on balance, is a good thing.
- Well, if it weren't for what people on that website Said and did, Kerry sands would have never murdered Sid Maxwell.
- Yes, but now you'll have to forget about the "said.
" - I'm dropping the charges against the cheerleaders, But I'm still moving against the guy who ran the site And the people who sent out the photos and the door Code.
- They'll say they were only encouraging people To send Maxwell a message, That they never intended for him to be killed.
- They were dealing with a crazy woman.
They didn't have to intend for her to kill him.
If they recklessly disregarded The likelihood that it would happen, they're guilty.
- Good luck.
- "thank you for sharing the information About this accomplice of the devil.
" That was one of the messages posted by Kerry sands On the Sid Maxwell section of the website.
- And how many messages Did ms.
Sands post there altogether? - More than 400.
- And who posted the second largest amount Of messages there? - Someone with the screen name kewpie-doll.
She posted 22.
- 22 versus 400.
Now did ms.
Sands' messages stand out in any other way? - No one else mentioned Satan.
No one else mentioned that god's angels Would take vengeance on Mr.
Maxwell And dance in his evil blood.
- Would you characterize her messages as sane? - Objection.
The witness is a psychiatrist.
Her judgment isn't the same As that of a layperson reading those messages.
- I'll sustain that.
- Dr.
Olivet, please read some more of ms.
Sands' postings.
- "god's angels will sing in heaven "when this man gets his just reward.
"death shall be answered with death, The lord commands us.
" - "death shall be answered with death.
" - Pursuant to a search warrant, We seized a computer server from the residence of Mr.
Leary And turned it over to our computer crimes squad.
- And what did that squad determine? - That Mr.
Keegan had hacked into And manipulated the security cameras At Mr.
Maxwell's apartment building, And Mr.
Mason cracked and posted the Code To the front door of his building, While ms.
Sands obtained that information from the website Less than an hour before she murdered Mr.
Maxwell.
- Was there any sign The defendants attempted to limit ms.
Sands' access To that kind of information After they saw her hundreds of messages on the website About the devil and angels And death and doom and blood? - No.
In fact, Mr.
Leary made a point Of sending private e-mails to ms.
Sands, Alerting her whenever new information was posted.
- Really? To your knowledge, detective, Was Mr.
Leary aware of ms.
Sands' delusional condition? - Yes.
When we executed the warrant, I asked him if he knew ms.
Sands, and he said, "the lady whose kid wasn't killed by a taxi? Yeah.
" - So he knew she was delusional? - That's what he said, yes.
- Thank you.
- You don't like Mr.
Leary, do you? - I don't like him or not like him.
- But when he objected to your investigation of his website, Didn't he organize people to call you And accuse you of being fat and a Nazi? - Those people never said who told them to call.
- Oh, so you didn't know that your phone number Was listed on Mr.
Leary's website? - I knew.
- When you served the warrant for his computers, Didn't you complain that he had been harassing you? - I might have mentioned that.
- Did you or didn't you accuse him of harassing you? - I did.
And he was.
- So now you're telling us that this man, Who was harassing you, told you and only you That he knew that ms.
Sands was delusional.
- Yes.
- Aren't you making that up 'cause it makes him look Like he was guilty of something? - No.
- 'cause you want to get back at the man Who was harassing you? - No.
- You're not lying? - No.
- Really? Detective Bernard, can you tell us who's in this picture? I have a copy for the district attorney.
- Where did you get this? - Online, posted by a classmate of yours From the police academy At some kind of graduation celebration.
That is you in the picture, isn't it? - Objection.
What is the relevance of this? - It goes to the credibility of this witness, Which will become apparent very soon.
- It had better.
Proceed.
- Thank you.
Detective, who is the young woman in the picture? - Her name is Rosemary.
- Rosemary Franklin.
Is that correct? - Yes.
- Did you and she have a child together? - Yes.
- And did you sign a child support agreement with her Before the baby was born? - Well, you know everything.
Why ask me? - Your honor.
- Yes.
- Did you sign an agreement promising to pay ms.
Franklin $500 a month to support that child? And did you fail to send that money three times In the first six months? - There was a question about paternity.
- Did you promise to pay and then fail to do so? - If you lied to the mother of your child About supporting your son, Why should we believe anything you say to us now? - You couldn't do something to stop that? - No.
No, I couldn't.
- Hey, you have a kid? - Look, I'd just finished the academy, all right? I busted loose a little.
There were some cop groupies at a bar.
Once the blood test came back, I paid every month.
- Look, we'll bring that out on redirect.
We have to recoup.
- Look, I don't want to talk about it! Hey.
Hey! - B! - How much trash did your people have to sort through To dig this up? - The photo, the agreement, the violations, It's all on the internet.
You just gotta know how to look.
- Yeah, so this is how you defend yourself, huh? Dragging people through the mud? He's a ten-year-old boy.
- All right, come on, b.
- No, no, no, no, no, no! You want to play dirty, huh? Huh? You want to get personal? - Detective! - That didn't help.
- What do you expect? - That a thin-skinned cop doesn't destroy my case.
- Mike.
- Look, do you realize How much his testimony is worth right now? - All right, listen.
Leary told him he knew about Kerry sands and her daughter.
- Yes, but who's going to believe it? - I do.
You do.
All we have to do is find out How Leary knew the woman is nuts.
We get that into evidence, it won't matter What he did or didn't say to Bernard.
- Okay, okay, but Leary's not going to tell us, And Kerry sands is in cuckoo-land, So how are we going to find out? - There's got to be a record somewhere-- A meeting, a conversation, an e-mail.
- Something somewhere.
Pretty big haystack.
- He was texting on the fdr drive And almost ran a car with three kids in it off the road.
One of our members analyzed the photo And determined it was going Sid Maxwell deserved to be exposed.
The point was to get him to change his ways Before he killed someone.
- But not to kill him? - We're not murderers.
We spend our days in front of computers.
We're just a bunch of well-meaning nerds Who want to make this city a better place.
- Thank you.
- So you and your colleagues don't get out much? Then why did you post Mr.
Maxwell's address On your site? - In case somebody wanted to write him a letter.
- And the Code to his building's door? From your website, uh, "in case anybody wants to drop by And teach this jerk some manners.
" - Some people feel very strongly About people like Sid Maxwell.
There was a woman in China who crushed-- - I know.
Crushed a kitten.
So emotions run high? - They can.
Sometimes people want to confront People like that in person.
Sometimes that's the only way People like that get the message.
- "people like that.
" including Sid Maxwell? - Yes, but that doesn't mean that I, Or anyone else on flashposse.
Net, Thought he'd be physically harmed.
- Not even by Kerry sands, Who posted 400 messages About revenge and the devil and death? - Have you ever read the internet, Mr.
Cutter? It's full of ranting and raving and exaggerated threats.
Everyone says everyone else should drop dead.
It's just a place for letting off steam.
- So you thought Kerry sands Was just letting off harmless steam? - She and 50 million other people.
- Even though you knew she was living In the midst of a psychotic delusion.
- I didn't know that.
- You told detective Bernard.
- I never told him that.
Couldn't have.
I didn't know it.
- It's from lupo.
- Mr.
Leary, Were you with Kerry sands last August 20th When she physically assaulted a cabdriver Who she accused of being the evil spawn of Satan? - Uh, your honor, this is the first we've heard Of any such alleged incident.
If the people have some supposed evidence, I'd like to see it.
- New information has just come to our attention.
- Then share it with the defense.
We'll recess until tomorrow.
[gavel bangs.]
- Now we knew Kerry sands Had a thing for cabdrivers, right? Well, there are cabs around all the time, So I figured she might have had some interaction.
It was just a matter of checking drivers' logs.
- There are 13,000 taxis in New York city.
- All right, so it was kind of labor-intensive.
Now, there were 209 That reported violent behavior by women in the last year.
were on the street In range of atm or other security cameras.
- That's hundreds of cameras, all on different systems.
- Right, so here's a camera still of Kerry sands Assaulting a driver on 42nd street.
I talked to the driver.
He said she was screaming That the devil told him to murder her daughter.
- And to find him, you searched 13,000 taxi logs And then every security camera near 209 incidents? - Sort of.
The driver also told me there was a man with Kerry sands.
He walked away after she started getting violent.
This is him, right here.
- All I can see is the back of his head.
- You see the reflection in the store window there? With the right software, boom.
- Leary.
- Did you have a subpoena for the cameras For any of this? - I'm not the one who got 'em.
This took a few thousand people working around the clock.
- The entire nypd? - Chinese people.
A "human flesh search engine.
" I have a friend in the shanghai p.
D.
From my days in intel.
I told him a cop needed a hand.
- Fire with fire.
Our internet posse against Leary's.
- And none of these came from Leary's home or office.
- It's admissible.
- Mr.
Leary, can you tell us What's happening in this picture? - Your honor, may we approach? - We're still not satisfied As to the origin of this material.
- Why, it came from a lamppost security camera.
- Where'd the state get it? There's no record of any process being served.
- It doesn't matter.
Mr.
Leary has no expectation of privacy In the middle of 42nd street.
- Even if he didn't, There's no context to explain what's happening here.
- I'll ask him to explain, and if he can't remember, Then we'll bring in the taxi driver.
- That works, Mr.
Margolis.
Mr.
Cutter, you may proceed.
- Now you told us yesterday, Mr.
Leary, That you had no idea Kerry sands was violent or delusional.
Doesn't this picture show us that you did know? - That's arguable.
- It was a crazy, violent outburst Right in front of your face.
But you still kept goading her to go after Sid Maxwell.
- [exhales.]
[sighs.]
I never told her to kill anybody.
- The woman was dangerously out of control.
What did you expect? What did you reasonably expect? - Yeah.
All right.
That was cutter.
Leary and the others took pleas.
They're going away for manslaughter.
- Good.
- Thank you.
[clears throat.]
You know, If we'd have known I mean, I would have Put myself out there as the target.
- I never thought they would dig that up.
- How is the kid? - His mother and I She ended up marrying her actual boyfriend.
We both decided that it would be better-- Less confusing-- if I didn't see him.
These are their stories.
.
- All right, a little bit more.
Come on, Allie, come on.
You can do better than that.
Let yourself go.
Nice.
Oh, my god.
Give me a pout.
Come on.
Feel the clothes against your skin, baby.
There you go.
That's it.
Think nasty thoughts.
I love it.
It's beautiful.
Hey.
Hey! We're trying to sell clothes here, man.
These are for billboards.
You gotta think big.
- I got it, Sid.
I got it.
[laughter.]
- Who are they? - I don't know.
- If I'm not paying you to be here, get the hell out.
[laughter.]
Am I paying you? - I'm the dj.
I spin records at one of your stores.
- Oh, so you put this song on? You're fired! You know what? In fact, everybody, get out! Everybody, let's go! Come on, out! Okay? Not you, baby.
Everybody else.
I'll finish the shoot myself.
Thank you.
Out! Come on, baby.
That's it.
Okay.
Oh, my god! I love it! Oh, yeah, that's it.
- D.
O.
A.
's name is Sid Maxwell.
The neighbor came home at 3:00 a.
M.
And saw the door propped open.
Almost had a heart attack when he saw the body.
- What do we got, a sex mishap? - If it was erotic asphyxia, he miscalculated.
No fluids.
He lost consciousness too soon.
- The guy could've saved himself just by standing up.
- Pushing the limits is part of the thrill.
But if you take it a little too far - No happy ending.
These look like tights.
Double-knotted.
He's supposed to have done this himself? - He could've tied his hands in front, Then stepped over them, like this.
I'm just speculating.
It's not from experience.
- Good.
There was a photo shoot going on? - [exhales.]
tripod, no camera.
Here's the photographer's name.
- Yeah.
Looks like he missed the best shot.
- I gotta get going.
We just caught a fresh one.
- I'll alert the criminals you're on your way.
- May be no criminals involved.
Just solo sex gone horribly wrong.
- Solo sex? That has to be wrong.
- Well, here we go.
First day of the new me.
What do you think? - I always had a thing for Grace Jones.
You're beautiful.
- Sid seemed fine yesterday.
Manic.
Total prick, like always.
You can be that way if you're rich, I guess.
- How did he get rich? - By starting skintight apparel.
He was the sexy underwear king of the lower east side.
He threw everybody out around 6:00, including me.
- He threw the photographer out of a photo shoot? - Sid liked to do things himself.
- Yeah.
So we gather.
- The girl stayed behind, though.
- The model? - Model, hooker, girlfriend, employee of the month.
It was kind of a fluid position.
- Uh-huh.
- Sid and I met when I was working three jobs And sharing a loft with six roommates.
He hired me on the spot.
- Hired you to do what, exactly? Hold up.
- Anything Sid wanted.
Working in the store, modeling.
- Spotting for him during s & m sessions? - Sid said he wanted to try something new.
I didn't want to seem like a prude.
He just wanted me to watch.
- So did you? - I told him I had to go get cigarettes at the store.
I was weirded out.
I just went home.
- So you just left him hanging there With his hands tied behind his back? - No.
His hands were not tied when I left.
- Did any of his staff have complaints? - Yeah, there was one girl.
She got pretty freaked out.
I think she sued him.
- That son of a bitch.
He pulled my top off at a photo shoot At the st.
Patrick's day parade.
No warning.
Just, "oops, you're naked.
" - And that was more than what you bargained for? - My job description didn't say "get raped by leprechauns.
" Sid's lawyers said I should have understood I was working in a highly-sexualized environment.
- Well, it sounds like you had a good case.
- We'll never know.
Sid's lawyers buried my guy in so many motions, I couldn't afford to keep going.
I lost.
Sid won.
- When was the last time you saw Mr.
Maxwell? - I don't know.
Six months.
- No contact after that? - I told myself the one good thing Was I'd never have to hear his voice again.
And I didn't.
And now I never will.
- Huh.
This guy had a way with women.
All sex all the time.
- His company sells five-Dollar t-shirts for $40.
Sex is part of the brand.
- And his model-slash- girlfriend-slash-whatever Was fine with that? - According to her.
- The building's surveillance camera Shows her leaving Maxwell's place at 10:00.
Then it stopped working.
- Well, that's a coincidence.
- She left the apartment door ajar So she could get back in.
The building door had a keypad lock.
Maxwell gave her the number, But she took off for brooklyn instead.
- Where an atm saw her withdrawing cash at 10:30.
Time of death was after midnight.
- Sag paneer, loo? - Oh, no thanks.
Me and food aren't getting along that great.
- "you are a hideous pig.
" Uh, it's, uh, "I heard your lawyer quit.
Now how are you going to pay for the boob job you need?" It's a text message between Sid Maxwell and Bonnie Allman, The girl who sued him.
- She said she hadn't heard from him in six months.
- She said she hadn't heard his voice.
Maxwell sent this to her last Monday.
Yeah.
Tuesday, Maxwell filed a complaint.
His car was vandalized.
- Bonnie Allman strikes back? - "text this, scumbag!" - Yeah.
"love, Bonnie"? - She saved the ten cents it would cost to reply by text, And this was so much more satisfying.
- The car doesn't look like it's been driven Since the incident.
The driver's window is smashed, With shards of glass embedded in the seat.
Whoever did this used some force.
- Yeah.
Somebody cared.
- I've got some prints where the basher May have leaned in to slash the upholstery.
I'll get them over to latents.
- No match.
The prints on the car don't belong to Bonnie Allman.
- Do they match anyone we know? - Got a dozen hits for a guy named Todd bissell.
He's a perp that was arrested For public lewdness - Okay.
B-I--two ss? - Yeah.
- All right.
Mr.
Bissell.
Am I nuts, or is that Sid Maxwell with a moustache? - 12 years ago, lean and hungry.
He must have changed his name When he became the underwear king.
- Okay.
Let's see what else he was up to as Todd bissell.
- What's that? - "flashposse.
Net.
A site dedicated to righting social wrongs.
" - Is he typing on that with both hands? - Yeah, and flashposse is mad.
"this idiot veered into my lane on the fdr today.
He was texting while driving.
I could have been killed.
" Look at this one from Freddy-six in long island.
"somebody needs to kill him before he does kill someone.
" - How'd they know who it was? - Hmm, "I identified the car and model "from its dashboard and then hacked into dmv records "for every '79 Mercedes that color in New York, "New Jersey and Connecticut.
"I found one that is registered To someone named Todd bissell.
" - Mm-hmm.
- They posted his address.
"326 bowery, apartment 11a, "in case anybody wants to drop by And teach this jerk some manners.
" - Somebody did.
- It's not a blog.
It's a forum for corrective social action.
- Yeah, well, it struck me like a well-chummed shark tank.
- Look, if somebody lets their dog crap on the sidewalk, That's an offense to everybody that walks by, right? This is just a way of striking back.
- So you take a picture of the owner, Find out who they are, Post their address and phone number.
- So people can tell them what they think.
If they shove dog crap in our faces, They can take a phone call.
- Hmm.
How do you get this information? - Flashposse.
Net has thousands of visitors.
Between us, we have a lot of expertise, A lot of connections.
- In China they call it a human flesh search engine.
- Yeah, there was a woman there, She posted a video of herself Stepping on a kitten and killing it.
Just her shoe and the kitten.
People blew up the video, They found out where the shoe came from, They identified a building in the background.
- They found out who it was.
She lost her job, she had to go into hiding.
- Do you feel bad for her? I don't.
- We're here about a man named Todd bissell, And as far as I know, he didn't massacre any cats.
- Bissell's just as bad.
Do you know how dangerous texting while driving is? - Yeah.
"somebody should kill this guy.
" From your website.
I didn't realize it deserved the death penalty.
- You never heard of hyperbole, detective? - It wasn't hyperbole.
Todd bissell was murdered.
- Under his other name, Sid Maxwell.
- And you think we had something to do with that? - We'd like the names of your members Who posted threats against Mr.
Bissell.
- No.
- Hmm.
We are the police, Mr.
Leary.
And it's our job to take "corrective social action.
" - No.
- All right, all right.
- Well, the comments on the website are pretty intense.
- The comments on that website are probably free speech.
It's not going to be easy to uphold a subpoena.
- Is this free speech? It's from the site.
This is Maxwell's vandalized car.
- You think the guy who vandalized the car Took the picture? - We can't prove it.
- Neither can I.
Listen, if you can show the flashposse's hot air Has real world consequences, I might be able To convince a judge to give us those names.
- Well, that site goes after a lot of people.
- Find me a good one.
- I thought the worst thing that could happen Was when my husband committed suicide.
Then, a month later, the phone calls started.
People I didn't know.
They called me a whore.
They said it was my fault.
The website posted excerpts from my husband's diary That it got from his parents.
They said I had an affair And that's why Donald killed himself.
I asked the website to take them down.
They said they were providing a public service, Letting the public decide what was right and what was wrong.
- It's my understanding that Mr.
Leary offered ms.
Davies The chance to tell her side of the story.
- I'm supposed to go on a public website And tell the world I had an affair, But my husband had 20, and he was clinically depressed? Isn't that private? Shouldn't that be private? Who made you god? Why don't you leave people alone? - Okay, okay.
Thank you, ma'am.
Okay, now what does that have to do with this subpoena? - It demonstrates that threats made on Mr.
Leary's website Have consequences.
- Ms.
Rubirosa is talking about Constitutionally-protected opinions.
The subpoena should be quashed.
- No, I am talking about Specific threats made to kill a man Who soon after was killed.
- That's venting.
It's hot air.
"I could kill that guy who stole my parking place.
" It's a figure of speech.
- Not to Rebecca Davies, it's not, as we just heard.
- If anyone harassed that woman, arrest them.
They committed a crime.
But people who expressed opinions on a website did not.
- I feel sorry for the lady, ms.
Rubirosa.
I really do.
But I honestly don't see what she has to do with Mr.
Maxwell.
- Rubirosa just called.
[cell phone rings.]
No subpoena for the names.
- Bernard.
- So we find another way.
- Who is this? Hey, screw you.
- I'm guessing that wasn't your mother.
- Somebody calling me a Nazi.
You know, an hour ago, somebody called, Telling me that I needed to go on a diet.
- Maybe that was your mother.
- No.
[typing.]
[computer beeps.]
Oh, flashposse.
Net.
- "detective Kevin Bernard.
Call and tell him what you think.
" - Oh, they even posted your cell phone number.
Thoughtful.
- My unlisted number.
Somebody hacked it.
- "corrective social action.
" [computer beeps.]
- New post coming in.
"this cop bully should be ashamed of himself.
" - You know, if we were set up right, We could trace these messages as they're posted.
That's when the links are open.
- So we wouldn't need a subpoena.
- Just a big juicy target to get the ranters ranting.
- What about lupo? He's juicy.
- [laughs.]
thank you.
But four years in intel.
We don't want anyone digging through that.
- Plus, you seem to be the one they like, detective.
- These guys are good.
They've got your credit record up now And police reports.
Were you arrested for speeding in California in 1996? - Look, I got a ticket.
I paid the fine.
- Okay, and here is billyboy14.
"this cop is an outrage.
A policeman's first duty is to protect our liberties.
" And here is our trace on billyboy.
- Where is he? - He's in astoria.
- All right, write him back.
- Okay, what's my screen name? - "detective Bernard.
" We want them to know it's you.
- All right.
[typing.]
"my first duty is to arrest criminals Who hide behind bogus free speech.
" - Hmm, nice.
All right, looking good.
You know how to piss them off.
- My special talent.
- [laughs.]
any of these screen names Match the people who threatened Sid Maxwell? - Uh, yeah, one or two.
Hit 'em again.
- "you're cowards and you're stupid.
" [laughter.]
- Okay, okay, we are matching, matching Tracing, tracing - Wow.
Oh, they hate you, b.
They really hate you.
- I see.
Wow.
- I was just blowing off steam.
That's not against the law.
- Hey.
"if he can't keep his hands on the wheel "and eyes on the road, maybe he ought to lose them.
Taliban justice.
" - It was a joke.
- "this guy should be tied in the middle of fdr drive While texting drivers try to Dodge him," Says sly-avenger.
That's you, right? - Well, that's not what happened To him, though, is it? - I'm so embarrassed.
Some of the things I wrote about that man, I-- My language was inappropriate.
- Well, frankly, ms.
Sands, you don't seem like the type.
- I know.
It's just [exhales.]
Three years ago, my daughter was killed By a taxi driver who was texting.
- I'm so sorry.
- They never caught him.
And when I saw the photo of that man texting, Not even looking at the road Some other child could have been hurt.
- Maybe I can look into what happened to your daughter.
- That would be Thank you.
- Someone hacked into the security system At Sid Maxwell's building the night he was killed.
You worked as a security systems engineer.
- So? - This is a photo of Maxwell's vandalized car, Uploaded from your I.
P.
Address.
If your prints are found in his apartment, You're screwed.
- I'm screwed? A, I didn't kill anybody.
B, it's not my social security number That got posted online this morning.
- So I should be going.
Is there anything else? - No, no.
We have your-- your name and your address.
- Thank you for your concern.
- Lieutenant, that information you requested - Ms.
Sands, If you don't mind, Could you come back and sit for a minute? - We checked accident reports from three years ago, And there was no report Involving a taxi and a child.
- I saw it happen.
- And you do have a daughter, but she didn't die.
Social services took her away from you Because you offered her to a catholic church As a human sacrifice.
- I don't believe in human sacrifices.
- Ms.
Sands, Were you at Mr.
Maxwell's apartment Friday night? - He was getting messages from the devil.
- Who was? Mr.
Maxwell? - Not just him.
- He tells them whom to kill.
- Uh Who tells who whom to kill? Mr.
Maxwell? The devil? - May I please see a lawyer now? - Ms.
Sands has informed me That she has nothing else to say at this time.
- Except that people who get texts while they drive Are servants of the devil.
- Except that.
- She already mentioned That Sid Maxwell was one of those servants.
- So you say.
I wasn't here.
- Do you want to add anything else, ms.
Sands? - That man was evil.
If you don't know that, you shouldn't be a policeman.
- Crazy enough for you? - Oh, yeah.
Do you have any evidence against her for the murder? - So far, just her rants against Maxwell on the website.
- Well, that and this--it's enough for a search warrant.
- Wow.
- Texting while driving Texting while driving Todd bissell Todd bissell - This must be Kerry sands' daughter, The one who isn't actually dead.
- Ah, yeah, the state takes her daughter away And she can't deal with it, and she comes up with this? I don't see the connection.
- Hey, check it out.
That's the girl from the photo session The night bissell a.
K.
A.
Maxwell was killed.
Looks like ms.
Sands took a souvenir.
- That would put her on the scene, But how did she get in the building? - 8-4-2-6.
That's the entry Code, Right next to a picture of the keypad.
- And that's Maxwell's apartment door, propped open.
Looks like a security camera still.
- Yeah, a camera that mysteriously went dark.
- She was the one who hacked into the security system? - No.
The header says flashposse.
Net, Her friendly neighborhood social justice website.
- There's no time or date on this.
If she got this stuff the night of the murder, That would nail things down.
- The flashposse computer would show when they were posted.
- Hey, can we go find out with a warrant, please? - I'm calling my lawyer.
- Yeah, when you do, Tell him "the cop bully" is here With a search warrant this time.
- Hey, you can't take that.
- You'll get it back.
- There's some more gear back here.
Anything else you want me to take? - Ah, let me check.
- This is harassment.
- No.
Calling my cell phone and telling me I'm a Nazi, That's harassment.
- Oh, is that what this is about? You can't stand a little heat? - Look, I'm doing my job.
This is about a murder and a woman named Kerry sands.
Do you know her? - The woman whose kid wasn't killed by a taxi? Yeah.
We're open to the public.
We take all comers.
- That's it.
You ready to go? - Yeah.
- Oh.
- Bye.
- Here's the full dump of material From the Sid Maxwell section of flashposse.
Net.
- Yeah, the good stuff was in a password-protected area For people who had a special interest in Mr.
Maxwell.
- The Code to his building's front door? - Right, just in case somebody wanted to drop by.
Ms.
Sands accessed this photo just after midnight.
A few minutes later, She takes a car service to Maxwell's apartment.
- Do you have the driver? - Mm-hmm.
He remembers her pretty well.
She told him she doesn't take taxis Because of their link to the devil.
- Hmm.
Arrest her for murder, and I will apply with the court For a 7:30 exam.
- I found the police report you filed About the taxi striking your daughter.
- The police didn't do anything.
They wouldn't do anything.
- The report says they investigated.
The taxi hit a garbage can.
Nobody was injured.
Why would it say that? - [sighs.]
Do I have to explain everything to you? - Do you mind? - Oh, I don't know.
Will you help me? - Help you do what? - Stop the killing.
Stop the evil.
- Like Sid Maxwell? Was he evil? - He got a message when he was driving.
That's when they send the messages.
They think no one can see.
- What do the messages say? - Whom to kill.
- So Sid Maxwell was going to kill someone? - Isn't that why we're here? - And you were supposed to do something about that? - There was no point calling the police.
That report proves that.
No, I had to take care of that man myself.
So I did.
- She's a pretty well-managed schizophrenic.
It's not immediately obvious.
- Unless you start talking about texting while driving? - Or about the devil.
He sends messages to his servants While they're in their cars, Telling them which pure-hearted people to kill.
- But she tried to have her own daughter killed By human sacrifice.
- For purification.
Her delusion was a little different then.
When the state took her daughter away, It rattled her reality.
That same day, She saw a taxi driver plow into a garbage can.
The garbage can became her daughter.
The taxi driver became evil.
Suddenly everything made sense.
- Perfectly.
- Is ms.
Sands competent to stand trial? - No, and if she ever is, the verdict will be "not guilty by reason of mental disease or defect.
" She needs to be locked up, for everybody's good.
- Call judge hiram and the woman's attorney.
Work out a plan for institutionalization.
Thank you, doctor.
- I'll book some time in the grand jury.
- What for? The woman's insane.
- Not for her.
Did you see the file on flashposse.
Net? - That place on the world wide web? - Actually, they don't call it that anymore.
- Excuse me, should I have said "wireless telegraph"? - Flashposse whipped up a frenzy against Sid Maxwell.
It was a virtual Lynch mob.
- A Lynch mob sitting at computers, typing things? - Yeah, things like "this guy ought to be killed" And "here's how to get into his apartment.
" All delivered into the hands of a crazy woman.
- "a person is guilty of murder "when they recklessly engage in conduct "which creates a grave risk of death to another person, And thereby causes the death of another person.
" - I know the law.
- The shoe fits, Jack.
Kerry sands was the bullet; the website was the gun.
- You really want to do this? You'll be pushing the limits, trying to make new law.
- Like you did with gun manufacturers And justice department torture memo writers? - So these flashposse people, Whom exactly are you planning to indict? - All of them.
- All of these people are parties to this motion? - Not by choice, your honor.
For some strange reason, the district attorney Has chosen to indict half of New York city For the murder of Sid Maxwell.
- Only because they all helped kill him.
- It's preposterous.
A schizophrenic named Kerry sands murdered Sid Maxwell, As the state freely acknowledges.
These people did nothing but post comments On a website that ms.
Sands occasionally visited.
- Is that true, Mr.
Cutter? - "post comments" is an understatement.
They encouraged ms.
Sands To commit violence against Mr.
Maxwell.
- If I yell "kill the umpire" and some psychotic does it, I'm not guilty of murder.
- The website went beyond exhortations To kill Mr.
Maxwell.
It gave instructions on how to do it.
Some of its members took actions that enabled ms.
Sands To enter and leave his apartment undetected.
- What are we talking about here, Exhortations or actions? - In this case, your honor, it's a pretty fine line.
- Not to me.
Any comment about Mr.
Maxwell, even negative ones, Are protected speech and may not be used In any way in your prosecution.
- There is the first amendment exception About shouting "fire" in a crowded theater.
- Were any of these people in physical proximity To ms.
Sands or the victim? - No.
- Then the theater wasn't crowded.
You are free to proceed in accordance with my ruling, If you still have a case.
- Do we? - We'd better.
If we don't stop them now, who's next? - You're lucky the judge didn't throw your case out entirely.
- She's living in the 20th century.
Words on the internet have consequences.
- Actually, she's living in the 18th century, When the bill of rights was written, Which, on balance, is a good thing.
- Well, if it weren't for what people on that website Said and did, Kerry sands would have never murdered Sid Maxwell.
- Yes, but now you'll have to forget about the "said.
" - I'm dropping the charges against the cheerleaders, But I'm still moving against the guy who ran the site And the people who sent out the photos and the door Code.
- They'll say they were only encouraging people To send Maxwell a message, That they never intended for him to be killed.
- They were dealing with a crazy woman.
They didn't have to intend for her to kill him.
If they recklessly disregarded The likelihood that it would happen, they're guilty.
- Good luck.
- "thank you for sharing the information About this accomplice of the devil.
" That was one of the messages posted by Kerry sands On the Sid Maxwell section of the website.
- And how many messages Did ms.
Sands post there altogether? - More than 400.
- And who posted the second largest amount Of messages there? - Someone with the screen name kewpie-doll.
She posted 22.
- 22 versus 400.
Now did ms.
Sands' messages stand out in any other way? - No one else mentioned Satan.
No one else mentioned that god's angels Would take vengeance on Mr.
Maxwell And dance in his evil blood.
- Would you characterize her messages as sane? - Objection.
The witness is a psychiatrist.
Her judgment isn't the same As that of a layperson reading those messages.
- I'll sustain that.
- Dr.
Olivet, please read some more of ms.
Sands' postings.
- "god's angels will sing in heaven "when this man gets his just reward.
"death shall be answered with death, The lord commands us.
" - "death shall be answered with death.
" - Pursuant to a search warrant, We seized a computer server from the residence of Mr.
Leary And turned it over to our computer crimes squad.
- And what did that squad determine? - That Mr.
Keegan had hacked into And manipulated the security cameras At Mr.
Maxwell's apartment building, And Mr.
Mason cracked and posted the Code To the front door of his building, While ms.
Sands obtained that information from the website Less than an hour before she murdered Mr.
Maxwell.
- Was there any sign The defendants attempted to limit ms.
Sands' access To that kind of information After they saw her hundreds of messages on the website About the devil and angels And death and doom and blood? - No.
In fact, Mr.
Leary made a point Of sending private e-mails to ms.
Sands, Alerting her whenever new information was posted.
- Really? To your knowledge, detective, Was Mr.
Leary aware of ms.
Sands' delusional condition? - Yes.
When we executed the warrant, I asked him if he knew ms.
Sands, and he said, "the lady whose kid wasn't killed by a taxi? Yeah.
" - So he knew she was delusional? - That's what he said, yes.
- Thank you.
- You don't like Mr.
Leary, do you? - I don't like him or not like him.
- But when he objected to your investigation of his website, Didn't he organize people to call you And accuse you of being fat and a Nazi? - Those people never said who told them to call.
- Oh, so you didn't know that your phone number Was listed on Mr.
Leary's website? - I knew.
- When you served the warrant for his computers, Didn't you complain that he had been harassing you? - I might have mentioned that.
- Did you or didn't you accuse him of harassing you? - I did.
And he was.
- So now you're telling us that this man, Who was harassing you, told you and only you That he knew that ms.
Sands was delusional.
- Yes.
- Aren't you making that up 'cause it makes him look Like he was guilty of something? - No.
- 'cause you want to get back at the man Who was harassing you? - No.
- You're not lying? - No.
- Really? Detective Bernard, can you tell us who's in this picture? I have a copy for the district attorney.
- Where did you get this? - Online, posted by a classmate of yours From the police academy At some kind of graduation celebration.
That is you in the picture, isn't it? - Objection.
What is the relevance of this? - It goes to the credibility of this witness, Which will become apparent very soon.
- It had better.
Proceed.
- Thank you.
Detective, who is the young woman in the picture? - Her name is Rosemary.
- Rosemary Franklin.
Is that correct? - Yes.
- Did you and she have a child together? - Yes.
- And did you sign a child support agreement with her Before the baby was born? - Well, you know everything.
Why ask me? - Your honor.
- Yes.
- Did you sign an agreement promising to pay ms.
Franklin $500 a month to support that child? And did you fail to send that money three times In the first six months? - There was a question about paternity.
- Did you promise to pay and then fail to do so? - If you lied to the mother of your child About supporting your son, Why should we believe anything you say to us now? - You couldn't do something to stop that? - No.
No, I couldn't.
- Hey, you have a kid? - Look, I'd just finished the academy, all right? I busted loose a little.
There were some cop groupies at a bar.
Once the blood test came back, I paid every month.
- Look, we'll bring that out on redirect.
We have to recoup.
- Look, I don't want to talk about it! Hey.
Hey! - B! - How much trash did your people have to sort through To dig this up? - The photo, the agreement, the violations, It's all on the internet.
You just gotta know how to look.
- Yeah, so this is how you defend yourself, huh? Dragging people through the mud? He's a ten-year-old boy.
- All right, come on, b.
- No, no, no, no, no, no! You want to play dirty, huh? Huh? You want to get personal? - Detective! - That didn't help.
- What do you expect? - That a thin-skinned cop doesn't destroy my case.
- Mike.
- Look, do you realize How much his testimony is worth right now? - All right, listen.
Leary told him he knew about Kerry sands and her daughter.
- Yes, but who's going to believe it? - I do.
You do.
All we have to do is find out How Leary knew the woman is nuts.
We get that into evidence, it won't matter What he did or didn't say to Bernard.
- Okay, okay, but Leary's not going to tell us, And Kerry sands is in cuckoo-land, So how are we going to find out? - There's got to be a record somewhere-- A meeting, a conversation, an e-mail.
- Something somewhere.
Pretty big haystack.
- He was texting on the fdr drive And almost ran a car with three kids in it off the road.
One of our members analyzed the photo And determined it was going Sid Maxwell deserved to be exposed.
The point was to get him to change his ways Before he killed someone.
- But not to kill him? - We're not murderers.
We spend our days in front of computers.
We're just a bunch of well-meaning nerds Who want to make this city a better place.
- Thank you.
- So you and your colleagues don't get out much? Then why did you post Mr.
Maxwell's address On your site? - In case somebody wanted to write him a letter.
- And the Code to his building's door? From your website, uh, "in case anybody wants to drop by And teach this jerk some manners.
" - Some people feel very strongly About people like Sid Maxwell.
There was a woman in China who crushed-- - I know.
Crushed a kitten.
So emotions run high? - They can.
Sometimes people want to confront People like that in person.
Sometimes that's the only way People like that get the message.
- "people like that.
" including Sid Maxwell? - Yes, but that doesn't mean that I, Or anyone else on flashposse.
Net, Thought he'd be physically harmed.
- Not even by Kerry sands, Who posted 400 messages About revenge and the devil and death? - Have you ever read the internet, Mr.
Cutter? It's full of ranting and raving and exaggerated threats.
Everyone says everyone else should drop dead.
It's just a place for letting off steam.
- So you thought Kerry sands Was just letting off harmless steam? - She and 50 million other people.
- Even though you knew she was living In the midst of a psychotic delusion.
- I didn't know that.
- You told detective Bernard.
- I never told him that.
Couldn't have.
I didn't know it.
- It's from lupo.
- Mr.
Leary, Were you with Kerry sands last August 20th When she physically assaulted a cabdriver Who she accused of being the evil spawn of Satan? - Uh, your honor, this is the first we've heard Of any such alleged incident.
If the people have some supposed evidence, I'd like to see it.
- New information has just come to our attention.
- Then share it with the defense.
We'll recess until tomorrow.
[gavel bangs.]
- Now we knew Kerry sands Had a thing for cabdrivers, right? Well, there are cabs around all the time, So I figured she might have had some interaction.
It was just a matter of checking drivers' logs.
- There are 13,000 taxis in New York city.
- All right, so it was kind of labor-intensive.
Now, there were 209 That reported violent behavior by women in the last year.
were on the street In range of atm or other security cameras.
- That's hundreds of cameras, all on different systems.
- Right, so here's a camera still of Kerry sands Assaulting a driver on 42nd street.
I talked to the driver.
He said she was screaming That the devil told him to murder her daughter.
- And to find him, you searched 13,000 taxi logs And then every security camera near 209 incidents? - Sort of.
The driver also told me there was a man with Kerry sands.
He walked away after she started getting violent.
This is him, right here.
- All I can see is the back of his head.
- You see the reflection in the store window there? With the right software, boom.
- Leary.
- Did you have a subpoena for the cameras For any of this? - I'm not the one who got 'em.
This took a few thousand people working around the clock.
- The entire nypd? - Chinese people.
A "human flesh search engine.
" I have a friend in the shanghai p.
D.
From my days in intel.
I told him a cop needed a hand.
- Fire with fire.
Our internet posse against Leary's.
- And none of these came from Leary's home or office.
- It's admissible.
- Mr.
Leary, can you tell us What's happening in this picture? - Your honor, may we approach? - We're still not satisfied As to the origin of this material.
- Why, it came from a lamppost security camera.
- Where'd the state get it? There's no record of any process being served.
- It doesn't matter.
Mr.
Leary has no expectation of privacy In the middle of 42nd street.
- Even if he didn't, There's no context to explain what's happening here.
- I'll ask him to explain, and if he can't remember, Then we'll bring in the taxi driver.
- That works, Mr.
Margolis.
Mr.
Cutter, you may proceed.
- Now you told us yesterday, Mr.
Leary, That you had no idea Kerry sands was violent or delusional.
Doesn't this picture show us that you did know? - That's arguable.
- It was a crazy, violent outburst Right in front of your face.
But you still kept goading her to go after Sid Maxwell.
- [exhales.]
[sighs.]
I never told her to kill anybody.
- The woman was dangerously out of control.
What did you expect? What did you reasonably expect? - Yeah.
All right.
That was cutter.
Leary and the others took pleas.
They're going away for manslaughter.
- Good.
- Thank you.
[clears throat.]
You know, If we'd have known I mean, I would have Put myself out there as the target.
- I never thought they would dig that up.
- How is the kid? - His mother and I She ended up marrying her actual boyfriend.
We both decided that it would be better-- Less confusing-- if I didn't see him.