Cold Case s01e08 Episode Script

Fly Away

May 21, 2001 You're gonna sleep with mama tonight, okay? Mama? Uh-huh? It's dark.
Shh.
It's gonna be okay.
Know why? 'Cause Mama says so? Yeah, 'cause mama says so.
Mama? Uh-huh? He's not coming back, right? No, he's not.
Now go to sleep.
Mama? What, Toya? You don't gotta cry no more.
Kid dies on impact.
Mother survives only to lapse into a coma a few hours after the attack.
Going on two years.
Two years in a coma? Just saw your boy Kite at the courthouse.
ADA Kite? Mm-hmm.
That was Billy Markins' job, right? Yeah, 33 years on, then hummer comes in.
Never got the doer.
Dead kid and her mom thrown out a window.
How old's the job? He asked about you.
Kite.
Yo, pass the ketchup? Remember that picture Markins had on his wall? Yeah.
Mom and a kid making a snowman.
That's the job? Yeah.
Only case he left open when he retired.
What? So the assigned worked it good, but got nada for his efforts? His only witness was in a coma.
Mm.
What did he ask? Kite.
Where you were.
You getting a social life going or something.
No way.
Good.
This Miles case has new direction.
Yeah? Why're we interested now? Because the mom just woke up.
How long has she been awake? She talking? She has lucid but minimal verbal function.
She hasn't spoken of the incident with her daughter yet.
Some people here to see you, Miss Miles.
Hi, Rosie.
I'm Detective Rush.
Detective Valens.
How you doing? Rosie, we're here to talk to you about what happened.
To you and Toya.
Your little girl? Toya Toya? Is that what you're saying? Butterflies.
Toya and and butterflies They hurt They hurt they hurt, Mama.
Bruises on her Toya had butterfly wings and bruises? On her arms.
And he bruised her up.
Who did? The man.
What man, Rosie? The one in one in the bedroom.
He would put bruises on her when she wouldn't smile at him.
Did you know him before that night? What night? The night Toya The night of the accident, Rosie.
What accident? Doesn't she know? I I'm not sure.
Know what? What am I supposed to know? Cold Case 1x08 Fly Away ORIGINAL AIR DATE ON CBS: 2003/11/30 So, bruises and butterflies? That's all Rosie remembers right now.
Long-term memory's intact, but whatever went on that night Gone.
She didn't even know Toya was dead.
Gone forever? Yeah.
If she gets it back, it'll come piecemeal.
Doctor says this type of amnesia's emotional, not physical, so she should remember The question is : Does she want to? Yeah.
Rosie said the man in the bedroom bruised up Toya when she wouldn't smile.
Implying they knew him.
Yeah, but the assigned thought the doer was a stranger.
You trade thoughts with Markins yet? Caught up with him between tee times in Myrtle Beach.
His theory was burglary gone bad.
The doer's on crack, PCP breaks into the apartment, not expecting Rosie to wake up.
She does, he panics, and kills them both.
few minutes after Rosie and Toya hit the ground.
Voice was a black male, never I.
D.
'd.
Plus Rosie's landlady reported a black male running from the scene.
Black man hauling ass through lily-white Port Richmond? Stands out like Vera in a bikini.
Well, theory's decent.
Forced entry, struggle in the bedroom, missing VCR.
I don't know what the butterflies mean.
And I don't see any bruises on Toya.
Find the man in the bedroom, I bet you'll get some answers.
Case number 3579.
I was Rosie Miles' court ordered supervisor for, uh for ten months.
Court ordered, Mr.
Freely? Yeah, Rosie got a DUI three years ago.
Judge didn't take the kid away, but he assigned me to be her caseworker.
Rosie have a drinking problem? Pregnant at 17, dad's MIA before her baby's born.
She realizes all she's got to look forward to in life is Pampers and stretch marks, she finds God at the bottom of a forty.
She ever hit Toya? No.
Ever notice any bruises? Never.
No, the court would have taken her away if she did.
That's what I was there for.
You were at Rosie's apartment the day of the murder, right? Yeah, we call them unannounced home visits.
Rosie's snoring, TV's blasting, kid's eating Ho Hos for breakfast, the usual.
But you said in your report that everything was satisfactory.
According to department guidelines, it was.
Did she have a boyfriend might've hurt Toya? I don't think Rosie liked men all that much.
Is that a fact? I don't mean gay, just, uh Most of these girls will give it up for a Big Mac and supersize fries.
But Rosie it was like she just shut that door forever.
Toya loved to draw.
I never had the heart to throw them away.
You saw Toya and her mother the day of the murder.
At a school play? Yes.
We do that play every year "The Flight of the Monarch Butterflies.
" The play was about butterflies? It was.
Yes.
Can you tell us what you remember from that day? Toya remembered all her lines.
She was the only one.
~~ Little monarch butterfly ~~ ~~ Spread your wings and flutter high ~~ ~~ Touch the sun and kiss the sky ~~ ~~ Fly away, my butterfly ~~ ~~ Little monarch butterfly ~~ ~~ Spread your wings and flutter high ~~ Why was Rosie crying? I don't know.
Did you ever see any marks on Toya's arms, Mrs.
Jablonski? Bruises? Signs of abuse? No.
We're trained to look for those things.
That's not something you forget, Detective.
Two years is a long time to remember.
Toya always came to school with a lunch.
Clean clothes.
She was a happy child.
Loved.
That's not something you forget either not around here.
So this is the bedroom where the murder took place? Yup.
No renter since Rosie.
Except my brother.
Comes from Poland, stays here.
God.
Shut up, damn dogs.
Be quiet! Hate those dogs.
That wasn't in the crime scene photos.
Maybe a cable line.
Too big.
And too high up.
What happened to the bookshelf that was against this wall, Tammy? Oh.
My place.
Oh, yeah? Yeah.
I keep it for Rosie.
So what? Ever see any bruises on Toya? Bruises? No, no, no.
Rosie never touch that girl.
Never.
Never.
Uh-uh.
Maybe one of her boyfriends did.
Says here you saw someone running from the building that night.
Yeah.
Black.
He run and run and run.
Maybe he was her boyfriend.
Right.
When pigs fly.
Rosie got a problem with black man? No, I got a problem.
My building, my rules.
Okay? Men at Rosie's that night? Yes.
Black in my building? No.
Men at Rosie's? What night? The night Toya falls.
I hear men voices.
The night she died? Yeah.
In and out, climb up, down the stairs.
You didn't mention that two years ago.
I see black run.
I told about black.
Black did it.
You see men come up in this place a lot, Tammy? No.
But one bedroom apartment come on.
Toya sleeps on the couch, I think.
Wait.
Rosie made her kid sleep in the living room? So Rosie keep the bedroom for herself for reason, no? But I don't make judgement.
Like you are.
Like now.
We got a uniform posted at the hospital? Yeah.
No visitors for Rosie yet.
No family? Mm-mm.
Parents are dead.
This job ain't coming in, boss.
We got nothing.
We got a witness.
Whose hard drive's been erased.
"Bruises and butterflies", that's her big contribution.
It's more than Markins had.
How do we know we can trust it? The bruises didn't pan out.
Well, the butterflies meant something.
Keep looking at the bruises.
CSU figured out the hole in the wall.
Rosie's living room.
The missing VCR went on top of the TV.
Okay, living room again.
Missing VCR cables must have run through this hole leaving these tiny black streaks.
CSU says it's the same rubber used in VCR cables.
So the cable from the VCR in the living room connected to what? Something in the bedroom.
I don't see anything it could have been connected to.
Maybe because it was hidden.
What do you connect a VCR to if not a TV? A video camera.
Why did Rosie have a video camera in her bedroom? Was she making porn? Blackmailing someone? Doer's married, having a fling.
Rosie threatens to tell the wife.
Except Rosie's bank account totaled a whopping $121.
15 that spell extortion to you? On public assistence, you can't have more than a few hundred bucks in the bank.
That makes saving easy.
Welcome to welfare.
If Rosie was squirreling away a stash, she'd have to hide it real good.
Or lose the food stamps.
Check her belongings for video tapes.
You and Vera try pawnshops in Port Richmond for the camera and VCR.
If we find the tape, maybe we find the doer.
Real nice of Tammy to let us in.
Hmm.
Real nice of her to keep Rosie's furniture.
How come you don't like Rosie? I like her fine.
'Cause she got a DUI? With Toya in the car.
Well, she shaped up after that.
Paid the price.
Only one that paid was her kid, Scotty.
Yeah, well I think Rosie paid, too.
Look what I found.
Blank pages, all of them.
So? Wonder why this page is missing? As luck would have it, we purchased this model six months ago.
What's it do? Clarifies residuum otherwise imperceptible to the naked eye.
Talk down to me.
It sees the imprint from your missing page.
It's the high-tech version of rubbing a pencil against a pad.
Like that, yeah.
Hope you got gloves.
It's freezing out there.
Hmm.
Any luck in the pawn shops? Yeah, we tracked a VCR and camera, same make and model as Rosie's.
Pete's pawnshop in Port Richmond.
Rosie's hood.
Guy dumped it almost a year after the murder.
Heat was off by then.
Petey's got a slip for a guy named Angel.
No last name.
Angel? Eh, could be a dead end.
Or not.
Traced a missing page from Rosie's address book.
Disconnected page number for an Angel Rivera.
Janitor at Toya's school.
Angel Rivera? Detectives Rush, Valens.
Homicide.
You know a Rosie Miles, Angel? A who? Wonder why she'd have his pager number? He not knowing her and all.
Maybe 'cause he's lying? Yeah.
Whatever.
So, who's Jasmine Cordoba? What's she got to do with it? That your girlfriend, Angel? Hear she pays your rent, utilities, your car.
You make your woman pay the bills? Must be packing some kind of punch in those baggies, huh, Angel? You wanna find out? Make a move.
'Cept Jasmine ain't his girlfriend.
No? Nah.
She's his mama.
Ooh She do your laundry, too? Wash your diapers, papi? Help you make number two on the potty? I live with my ma; so what? Your mother's here illegally.
We ain't gonna let Immigration know.
You help us out.
Me and Rosie, a few times.
It wasn't nothing.
She feel the same way? She wanted this, wanted that.
"Keep an eye on my kid, Angel.
Make sure she don't fall off the Jungle gym, Angel.
" I was in it for the sumpin' sumpin', not to be playin' papi.
You seeing Rosie when her kid got killed? Nah.
Kicked her to the curb way back when.
Hooked up with Gina.
Gave old white girl the boot.
Then what were you doing in white girl's apartment that night? We got your prints on her video camera, Angel.
You know, the one you pawned? That day her kid was whatever, I see Rosie in the school.
At Toya's butterfly play? Yeah.
Crying and acting stupid.
Rosie was making a phone call? Yeah.
Then she sees me, hangs up, starts blubbering in my face about butterflies and some guy's gonna hurt her, blase blah.
What guy? I don't know; I told her to step off.
You know mean, not my problem.
Rosie freaks.
She starts shouting, screaming how she's got some tape us in bed.
If I don't help her, she's gonna tell Gina, blase blah.
Pissed you off, huh? Hell, ye.
So, you went over there that night and taught her a lesson, right? Hell, yeah.
Mommy! Angel.
Jesus.
Get out of here! What are you doing? Mommy.
You're scaring Toya.
Angel, got out of here! Mommy! Are you gonna tape me, bitch.
Don't you hurt my mama! I'm gonna call the cops, Angel.
No, no, not that tape.
Not that.
Don't do that.
Mommy.
Not that.
And then I left.
Truth is, I didn't care enough to kill them.
Cared enough to hit her.
I didn't hit her; I pushed her.
Out the window? I didn't do nothing! I got the tape to prove it.
What tape? Tape from that night I ain't on it.
So, that's proof I ain't do nothing.
Nothing but pawn her VCR and camera a year later.
Where's this tape you got, Angel? This was recorded in your apartment, Rosie.
It's a security camera.
Who's that man? That's what we were hoping you'd tell us.
I don't know.
You remember this camera, Rosie? You had it in your bedroom.
I did? You remember someone named Angel? You told him someone was out to hurt you.
You asked Angel for help that day.
If I don't remember who he is, how am I gonna remember what I said to him? We're trying to help, Rosie.
What for? So you can get your memory back.
Like I said what for? Let's go.
It's not mine.
It's hers.
It's Toya's.
What's Toya's? The bedroom.
It's Toya's bedroom.
I remember that now.
Why does Rosie put a security camera in her daughter's bedroom? Worried something's happening to Toya there.
Nothing the autopsy report says any about sexual abuse.
Well, maybe it was just starting.
And that's why the camera.
Rosie knew what he was doing.
She was trying to stop him.
And maybe he's trying to stop her from ratting him out.
Ten G's buys a lot of "don't ask, don't tell.
" I found the bank account under Rosie's social security number and her name.
The assigned missed that? Didn't exist till three days ago.
When Rosie woke up.
Who set up the account? McLean Wykowski.
Foreman, Mills Lightman Construction.
No record.
What's his connection to Rosie? Wife's maiden name Miles.
Lorraine Miles.
He's Rosie's dad.
So, Rosie tells you her folks died, and you don't check that out? With the number of cases I got, it comes down to triage.
You keep a roof over their heads, you keep the food stamps coming in.
So, where do we look for suspected physical, sexual abuse, huh? Hospital admissions, uh, foster care reports.
All miscellaneous stuff we didn't get to.
This cabinet, Mr.
Freely? All of this.
There are only so many hours in the day.
And so many kids.
How do we find Toya in all of this? "M" for Miles.
Familiar territory? Yeah.
You knew that food stamp drill pretty good.
Case number 4228.
Ellen Rush, two dependents.
Valens.
Uh, McLean? You bringing him in? Good.
Jeffries and Vera just picked up Rosie's dad at the shipyard.
What do you got? "M" for Miles.
That's why Rosie saw the bruises.
That picture don't look like Toya.
It's not.
It's Rosie.
When was the last time you saw your daughter, McLean? Five, six years.
Lost track.
And you never visited Rosie all the time she was in the hospital? Then why'd you set up an account for her you not givin' a crap and all? I'm her pops.
I wanted to help her.
Or shut her up.
You know how Toya died? Backbone busted to bits.
Skull, too.
Oh, no open casket for her.
Violent guy who'd do something like that, huh? I wouldn't know.
Hit me.
Show me what you did to Rosie when she was little girl.
Come on.
You like hittin' girls.
Hit me.
Gonorrhea when she was eight.
Again when she was ten.
You did a lot more than just hit Rosie, didn't you? Rosie made a call at the school that day.
We traced it to the shipyard, to you.
What'd she call you about? Talkin' crazy, like she was drunk.
Goin' on about butterflies.
And that someone was gonna hurt Toya, right? So you went there that night.
No, I-I went home.
Tell them you went home, after Rosie called, begging for help.
I did.
Don't look at me.
Look at them.
You tell Toya.
Tell Rosie.
You tell them, not me.
I-I-I sat outside her place in the dark and I-I-I didn't go there 'cause I thought she was in trouble.
Then why'd you go? To tell her I was sorry for when she was little for what I done.
I sat outside her place, but I couldn't go in.
So you saw some pizza delivery guy go up to Rosie's place.
What'd this guy look like? Young guy.
Black guy.
Did a black man come over that night, Rosie, maybe delivering a pizza? Maybe you were seeing him? How about this, uh, ponytail guy? You starting to recognize him? Maybe you met him at a bar a club? That wasn't me.
What you're saying that wasn't how it was.
Then tell us, Rosie, how it was.
Uh, Toya loved her her butterfly wind chimes.
I put'em up in a window for her.
Then he'd come at night late at night.
Who would? The man who gave Toya the wind chimes.
They ain't optimistic 'bout getting prints off of them chimes.
I know.
Well, maybe we get lucky.
If not well, we'll get something else tomorrow.
Yeah, well, maybe Rosie's better off not knowing.
Not knowing what? How she was with Toya, how they lived.
They were doing okay.
What, on welfare, with a DUI? People make mistakes.
They clean up.
Your mom ever forget to feed you 'cause she was too drunk or tired or out looking for a man? Nah.
Toya's a dime a dozen.
Unwanted kid.
Mom runs out of food stamps, makes an excuse why there's no dinner tonight or, uh, no breakfast, either, so thank God for the free corn flakes at school, if you get there early, and maybe some kid'll give you scraps out of his lunch box later on.
So your mom was going through bad times.
Scotty there was never a good time.
Oh, you're telling me not once did you have fun with your mom? I mean, not once did you feel some kind of love? Maybe tomorrow we bring Rosie home, huh? If you can't do this No, I-I want to.
Mama? Mama She was drawing.
She was hiding and drawing Why was she hiding? Because he's coming from there Rosie.
He was standing there.
It's just Scotty.
He's not gonna hurt you, okay? He's not gonna hurt you.
Lil.
Look at this.
Kind of a ponytail guy.
"Frely".
Freely.
Mr.
Freely.
The social worker.
Cut your hair.
Big improvement.
Wanna see the rest? I do.
Play it.
Okay.
There's nothing on the tape.
Rosie tried that bluff on you.
Didn't work, though, did it? I don't know, what you're, uh 'Cause you hadn't done anything to Toya not yet.
You were circling, though.
Moven' in.
And Rosie knew it 'cause she was real familiar with the danger signs.
Rosie's, uh damaged goods, if you haven't noticed that already.
You know what bugs me? This camera's been in her place for weeks, but she picks this day to go to people for help.
Why? What happened on this day that was so different? She caught you.
That morning, starting your act with Toya.
That's crap.
And she threatened you.
"I have a tape, Freely, back the hell off.
" Oh, and that pissed you off.
Who was she, talking to you like that? So that night, you went back No.
You used your position to get in her home and check out her little girl.
Knowing the power you had and Rosie wasn't the only one.
You were like God to these women.
You had the power to give, to take and you did.
Like anyone gives a damn.
Trailer park trash.
Welfare queens.
Like you care what happens to them.
They care.
Anita Jones, Carmen Torres, Dana Matthews, Leena Young, all their pretty little girls.
They're here.
They've come here to tell us all about Mr.
Freely.
You wanna talk before they do? Rosie, uh threatened me that morning but not with any tape.
Hello, little girl.
Where's your mommy? Shower.
Mommy.
That's, uh Good little girls don't yell, do they? Mommy says nobody can come in here.
Mr.
Freely can.
You look pretty, Toya.
Okay.
Say, "Thank you, Mr.
Freely.
" Thank you, Mr.
Freely.
You're a good, good girl.
Don't ya touch her! I know what you're doing.
I know what you are! Have you been drinking? I can smell it on your breath, Rosie.
Get out.
Get out of my house.
Judge isn't gonna look too kindly on that, you know.
Not with a DUI and all.
You know I stopped.
I told you I tell you! You don't tell me! You drunk, dumb bitch! Oh, it's some answer, it's a good thing I'm came here.
Oh, this place's all wreck.
How do you raise a child in this field? Okay.
I was wrong, Mr.
Freely.
I was wrong.
I've made my decision.
It's time to find a new home for Toya.
No.
I'm gonna have to take care of that pretty little girl all by myself.
You just wait for the knock on the door, Rosie when you least expect it.
That's all I did.
And then I left.
Talk about that night, Freely.
When you went back.
I-I wasn't there I hate a liar, man.
Something you wanna see.
No prints on the chimes, but look at this.
P.
Williams? Who's that? Philip Williams.
He worked at Toya's school.
Doing arts and crafts with the first graders.
Making wind chimes.
Doesn't mean we got the wrong guy.
He worked as a Pizza delivery boy.
The guy the father was that night, dialing 911 running from the scene.
Philip Williams? Detectives Rush, Valens.
Homicide.
I was wondering when you'd come.
You gonna arrest me this very minute, or can I finish this play? Why do you think we're here to arrest you? Murder one, second degree murder, attempted murder, you pick.
Ends up in the same place.
Did you kill Toya, Philip? Looks like it, doesn't it? Then why call 911? If you didn't do it, why not come forward? A black man running from the bodies of a white woman and white child.
Would you? What happend to you, Philip? "A" student, honors society, budding artist.
Then Toya Miles died and you end up here.
At the bottom of the world.
What happened that night brought you to a place you don't belong? Leftovers.
They'd throw them out at the pizza place.
I'd bring them over to Toya, from time to time.
That night, when I went over, Rosie's apartment door was busted open.
What happened then? I opened the bedroom door.
Who was in the bedroom? Who was there, Philip? No one.
No one.
Hospital says I'm okay to go home.
I know.
But where's home? I know why you were crying at the butterfly play.
Because you tried to stop Mr.
Freely but you knew you couldn't 'cause men like him never stop.
No, they don't.
No one was there for you.
Not your dad, not Angel.
Just you.
So you did the only thing you could.
I did? Is that why you can't remember? The DA won't press charges, not after what you've gone through.
What did I do? There's a place for you to go, to heal.
Just for a little while, Rosie because you didn't mean what you did.
What did I do? Mama? You just wait for the knock at the door, Rosie when you least expect it.
Mommy? ~~ Little monarch butterfly~~ Mommy? You sing.
Sing, baby.
Sing.
~~ Spread your wings ~~ ~~ And flutter high ~~ ~~ Touch the sun and kiss the sky ~~ ~~ Fly away, my butterfly ~~ ~~ DJ Sammy f.
Yanou "Heaven" ~~ ~~ Oh - thinkin' about all our younger years ~~ ~~ There was only you and me ~~ ~~ We were young and wild and free ~~ ~~ Now nothin' can take you away from me ~~ ~~ We've been down that road before ~~ ~~ But that's over now ~~ ~~ You keep me comin' back for more ~~ ~~ Baby you're all that I want ~~ ~~ When you're lyin' here in my arms ~~ ~~ I'm findin' it hard to believe ~~ ~~ We're in heaven ~~ ~~ And love is all that I need ~~ ~~ And I found it there in your heart ~~ ~~ It isn't too hard to see ~~ ~~ We're in heaven ~~ ~~ Oh, once in your life you find someone ~~ ~~ Who will turn your world around ~~ ~~ Bring you up when you're feelin' down ~~ ~~ Ya, nothin' could change what you mean to me ~~ ~~ Oh there's lots that I could say ~~ ~~ But just hold me now ~~ ~~ Cause our love will light the way ~~ ~~ Baby you're all that I want ~~ ~~ When you're lyin' here in my arms ~~ ~~ I'm findin' it hard to believe ~~ ~~ We're in heaven ~~
Previous EpisodeNext Episode