CSI: Miami s08e11 Episode Script

Delko for the Defense

- 911.
- I just heard scream.
Over there.
I see him, I see him! Hey, man, who the hell are you? Which way did he go? - He went that way! - Come on! Hey! Watch it! - You okay? You okay? - Yeah, I'm fine.
Through there! Did you see a guy come through here? Yeah, he went that way, towards the beach.
What'd he look like? I don't know, uh, kind of tall, dark hair.
I didn't get a good look.
Where's the suspect, Calleigh? Ryan's chasing him.
Maybe he's still here.
Move it! Sorry.
Look, this is a mistake.
I didn't kill that girl.
Nobody said anything about a girl.
Summer Davenport, Star Island heiress, was brutally murdered in her home this morning.
A neighbor called 911 after hearing screams coming from the house.
Police have a suspect in custody-- a homeless man, who was caught running from the scene.
I climbed in through a window.
These rich people dead-bolt the doors and leave the windows wide open.
Was that before or after you killed Ms.
Davenport? No I thought the house would be empty.
I swear.
I never even saw her.
Hey, I'm not a killer! I just wanted a hot shower and a good night's sleep.
Keep talking, motormouth.
Now I got you on breaking and entering.
Don't say another word.
This is a crime scene, ma'am.
Who are you? Just paying a visit to my new client.
Client? - Never even met.
- We have now.
Adrianna Villani, defense attorney.
I do the talking.
Unless you want to handle the situation yourself.
How'd you get here so fast? You've got some sort of ambulance-chasing intuition? It's all over the morning news.
"Homeless man kills Star Island heiress.
" Two bad he's not an immigrant, sergeant, or you'd have a twofer.
You accusing the PD of unfair bias? Just making sure Zach gets a fair trial.
I want to talk to my client.
And introduce him to my forensics expert.
When did you start working with the other side, Delko? Come on, Frank, I got a job to do.
Let me talk to the guy.
He's all yours.
What's your name? Zach Finley.
She was stabbed six times, in the abdomen.
Four superficial cuts, two lethal.
Defensive wounds on both hands.
So she fought off her attacker, doctor, and lost.
What about the weapon? Well, the cuts are sharp on one edge, blunt on the other.
I'd say it's a single-edged blade.
Three-and-a-half inches wide and by the looks of it at least five inches long.
Five inches long.
Well, that narrows it down, doesn't it? Thank you, Doctor.
Load her up and move her out, fellas.
Finley's attorney wants to move this one through the system fast.
She wants to prevent us from building a good case against her client.
Yeah, we can't let that happen.
So, what do we know about this Finley guy so far? Thanks.
Well, he may be homeless, but he's not jobless.
He works the circulation desk at the Miami Ledger.
He said Summer Davenport put a vacation hold on her paper, so he thought the house would be empty until tomorrow.
Oh, so he breaks in, Summer shows up early and surprises him.
Stab, stab, stab.
The cops show up, he runs with blood on his clothing.
Well, this guy is guilty.
I'll get a statement from the neighbor.
Thank you.
The murder weapon appears to be a 3½ inch by five-inch blade.
Let's check the kitchen, please.
Wolfe, let's dust for prints.
Finley climbed through the window.
All right, I'll take the backyard.
And while you're at it, I found a scuff mark in the blood pool.
Let's document that, okay? Will do.
There's dirty dishes in the sink.
Fresh egg shells in the garbage with toast.
Appears the victim was making herself breakfast before she was killed.
No sign of forced entry.
Window is open.
The bed appears to be slept in.
Both are consistent with the suspect's statement.
A chef's knife with blood on it.
Could be a possible murder weapon.
I've got a scuff mark in the blood pool.
There are bloody footprints that indicate our suspect ran into the grass.
There's our expert witness.
I'm sure you heard-- Tripp thinks I went over to the dark side.
What do you think? I didn't go looking for the job; Villani got my name off a list of former CSIs.
But you said yes.
Seemed like a good chance to help people.
Provided they're innocent.
Villani's been right about her clients 80% of the time.
But in this case, the suspect ran from the house covered in blood.
He spent the night in the victim's bed and claims he never heard a thing.
Do you honestly think he's innocent? I think that we're both after the same thing.
The truth.
I'm only here to observe.
That's it.
Excuse me.
The blade matched the dimensions provided by the ME.
Well, this also confirmed that the blood on the blade belonged to our victim.
Well, this confirms it.
The prints on the handle are Zach Finley's.
Last night I made myself a gin and tonic.
I cut up some fresh limes.
Guess I left the knife out on the counter.
There's a dark saturation stain on the suspect's pants.
There's a large scuff mark in the blood pool, that is consistent with the shape of the pant leg.
It looks like Zach knelt in the victim's blood.
I slipped on the tile when I was running out.
Fell into the blood.
You know, there could be a logical explanation for everything you found.
Or you have one of Villani's Right, and then I took a sleeping pill, and I went to sleep.
Then I woke up to the sound of sirens, I ran.
So, you didn't hear anything during the time of the murder? No.
The prosecution's going to sink you.
Why? I don't care how many sleeping pills you took, you didn't hear a girl getting slaughtered? All right, I might've heard a man's voice.
Might've heard a man's voice? You didn't tell us that before.
I don't know, it could've been just a dream.
Dream? Zach! - This is great.
- What? When suspects dream part of their statement, it usually means they're more involved than they want to say.
I'm just telling you what I remember, all right? I don't know if I heard it, if I dreamed I heard it.
I told you, I was on a sleeping pill.
I want you to draw something for me.
Something to help you get your story straight.
What should I draw? I want you to draw exactly what you saw when you ran outside this morning.
No, Zach.
What? When people are telling the truth, they typically draw from their perspective.
The edge of the bed, the floor, what they saw.
You drew this from a bird's-eye view.
Well, what does that mean? It means that you're lying about some aspect of your story.
It doesn't sound like hard science.
The theory's based on a recent study.
It's not admissible yet, but it's enough to give me doubt.
Does this mean you're dumping me? What are you hiding?! Nothing.
Eric, let me take this.
I'll see you in the prelim.
You'd better tell me the truth.
Because I can't protect you otherwise.
I do have something to hide, but I would rather go away for killing that girl than tell you.
The court will take a ten minute break and then hear from the defense's next witness.
Ten more minutes, H.
Look, I know I don't have to say it, but, uh thanks for all the calls.
You're still family, Eric.
Now, wh-what if I'm wrong? What if I help a killer go free today? It is too late to get cold feet.
It's moving so fast, I've haven't had a chance to wrap my brain around all the evidence.
Eric, the forensic expert cannot walk on a case.
Yeah, I gotta follow through.
You gotta follow through.
Good luck.
The saturation stain on the pants matches the scuff mark in the blood pool.
The defendant knelt over the victim while he stabbed her.
Do you agree with CSI Duquesne's assessment? No, I don't.
If you look to the right of the blood pool, there's a distinct splash pattern on the tile.
Could this splash pattern have occurred when the defendant slipped in the blood, as he testified? Yes, I believe it could have.
Thank you, Mr.
Yeah, that knife was used to stab Summer Davenport.
I found the defendant's prints on the handle.
This knife is a pretty damning piece of evidence, is it not, Mr.
Delko? Only when you don't consider the timeline.
What do you mean by that? The fingerprints don't tell us when Zach Finley handled the knife.
Zach stated in his testimony earlier that he made himself a drink the night before the murder.
He used the knife to cut a lime.
Is there any evidence to support that? Yes, the defense ordered a test of the knife blade for citric acid.
And what was the result of that test? Positive.
This is a close call, but I'm going to say that the prosecution has provided insufficient evidence to convince a reasonable jury that this defendant committed the crime of murder.
I will hold the defendant over to face charges of breaking and entering.
However, you don't have enough for the murder charge.
Your Honor, this animal killed an innocent woman! Come back when you have more evidence.
I move to set bail.
Bail is set at $50,000.
Your Honor, he's homeless; he can't make that.
Then he'll remain in custody.
I can't believe the judge fell for Finley's excuses.
Well, it wouldn't have happened if we would've had more time.
So, what do we do now? You heard the man.
We finish what we started.
Pilates, yoga, 90-seconds abs.
That's a pretty decent exercise collection.
Hey, Delko, want to come over and take a picture of me doing this? Make sure I'm doing it right? It's not about you making mistakes, Wolfe.
It's about how I interpret what you find.
Wolfe, Eric has every right to be here.
We have nothing to hide.
Yeah, but H, while he's watching us, who's watching him? That's really funny.
Wolfe, can I have your help, please? You got something? I think so.
Can I have a blade? Thank you.
What's that doing there? Can I see that, H? Looks like the fabric has been pulled away from the scene.
Yeah, like someone clawed at it.
It could have been ripped off the victim.
You thinking rape? It's possible.
Wolfe, DNA on the bra, biologicals on the couch.
Okay? Got it.
Excuse me, gentlemen.
Tom Loman.
Yeah, Dr.
Loman, um, the work up on the victim? I haven't gotten to it yet.
I just finished casting the stab wounds.
Okay, have you noticed any physical evidence of sexual assault, Doctor? Hold on, I'll give a cursory.
I do see bruising and some tearing, Horatio.
It's quite possible Ms.
Davenport was assaulted.
I'll complete the kit and get it up to DNA ASAP.
Okay, thank you.
My guy? It's too soon to tell, Eric.
I am running the biologicals from Dr.
About to get you a DNA profile.
Let's run it against the criminal database.
I'll check registered sex offenders.
No match in our system.
I'll need someone to compare it to.
No worries.
I've got an idea.
You have no right to take biologicals from my client.
We have a right to test whether the semen found on the victim belongs to Finley.
Is there some new evidence that leads you to believe that Ms.
Davenport was raped? Your Honor, it's the considered opinion of my medical examiner that she was raped.
I am submitting a report, and we believe that report will substantiate the finding.
What's missing in that report is evidence linking what they've found to my client.
Which is why we need Finley's DNA.
He's got nothing to lose if he's not a match.
Just his civil liberties.
The state can't demand my client's private genetic information on a whim.
A whim? He admitted to breaking into the victim's home.
He was covered in her blood.
He's explained all that.
Or were you asleep during the prelim? Ms.
Villani, your client's admission, in conjunction with the ME's findings satisfy the probable cause necessary here.
Zach Finley will submit a blood sample to the Miami-Dade crime lab.
Thank you, your honor.
This isn't necessary.
I didn't do this.
I wouldn't rape that girl, any girl.
The court ordered it, Finley.
I'm telling you, I couldn't do this.
Then you don't have anything to worry about.
Okay, just relax.
Why won't you just believe me?! - Sit down! - Please don't do this! You know, the more you argue, the more I think you've got something to hide.
Just let the blood tell the truth.
So I heard that Zach put up quite a fight during the blood collection.
- Yeah.
- You know what that means.
Yep, plea bargain.
Oh, my God.
What? Oh my God.
What? Oh, my God.
Is it my guy? I don't think so.
Natalia, how common is a condition like this? One in 20,000 births.
Okay, would a visual confirmation help? Yeah, it would help.
Okay, let's get it confirmed.
All right, let's get this over with.
Okay, cowboy, drop trou.
Zach Finley is not our guy.
In fact, I don't even know if he's a guy.
Oh, come on, didn't you pat him down at the crime scene? Yeah, for a gun.
Wh-Whoa, whoa, so you're saying Let me spell it out for you.
The guy doesn't have the equipment.
What the hell are you telling me? Zach Finley is unequivocally innocent of rape.
And we know this why? Because we ran a blood test, and we discovered that he has AIS.
AIS-- what is that? Androgen Insensitivity Syndrome.
It's basically when somebody is born genetically male, but they lack certain sex characteristics.
Finley couldn't have left semen in Summer Davenport or any other girl for that matter because he's unequipped.
What? He has a genetic abnormality.
He-- okay, certain things developed and certain things did not.
He's physically incapable of committing rape.
Okay, well, I hope you're going to bring me more than some blood test to back this up.
Yeah, of course.
We have visual confirmation and medical reports.
Okay, so he couldn't rape her.
That doesn't mean he didn't kill her.
We still have him for murder.
Right, so someone snuck in and raped her, then Zach woke up and killed her? Even you don't believe that.
You're right, it's, it's ridiculous.
I'll, uh, I'll draw up the paperwork and we'll drop the murder charge.
So we're done here.
That explains why Zach didn't want his blood drawn.
And why he drew me a bird's-eye view of the murder.
He didn't want the whole world to know his condition.
Yeah, poor guy.
The whole thing's going to be on the 6:00 news now.
All right, that's it.
No more observing now that your client is in the clear.
Right, okay.
Take care.
What are you going to do-- go back to Puerto Rico? You know, I love it there, but, uh, I missed Miami.
Miami missed you.
Villani offered me a contract, but, uh if her next client's guilty, I don't think I could live with that.
You know, I heard the state attorney's office is looking for a forensic expert.
Talbot? All right, good to know.
I'll think about it.
See you.
Oh, Tom.
Did you find anything else that could help us identify Summer's attacker-- hair, skin under the nails, anything like that? Nothing so far.
But I'm still looking.
Maybe he gave her a sedative.
What about her stomach? What else was in there beside eggs and toast? There is nothing in her stomach-- no eggs, no toast.
In fact, I'd say she hasn't eaten in two days.
That doesn't make any sense because Jesse said that he found half a dozen egg shells in the trash, and Zach said all he had was a gin and tonic.
Could be another lie he told.
Unless what if the killer was something like the Night Stalker? He made his victims make him breakfast before he killed them.
That's creepy, but it could be his MO.
Could be a way to identify him.
I'm gonna call Horatio.
Walter, what'd you get? What I didn't get is any rape or murder case with a similar MO in the Miami area.
Okay, what about other counties? Well, Broward just sent over any violent crimes they've had in the last three years.
Right, so that's going to take some time.
No, no, no, not actually.
Check this out.
On each file, there's a sticker.
Embedded on each sticker is a microchip containing all the records pertinent to a case.
In just a matter of seconds, the computer can read all the microchips, uploading every case file in the box.
Without opening the box.
It's crazy, right? So now I just got to type in a keyword like "breakfast.
" Okay, there's something.
Ellen Sheffield.
A woman in her mid-30s, similar age to Summer, raped in her home eight days ago.
What about the case notes? Yeah.
Uh, reporting officer made a notation that the attacker forced her to make breakfast.
Hurry up, I'm starving.
I don't know how I worked up such an incredible appetite.
I said scrambled! And we have a match.
So far what we do know is that Summer and Ellen never went to the same gym.
They never went to the same market, they never went to the same dry cleaner.
They never ate lunch at the same restaurant.
They did live in different counties, guys.
I'm not surprised that their lives never intersected.
Except we know our rapist isn't targeting at random.
He is looking for women of a certain age who are wealthy.
So their lives must have crossed somewhere.
All right.
Let's start at the top.
Hmm All right.
Did Ellen Sheffield ever get her computer serviced by the Software Squad? Yes, she did, three days before her attack.
So did Summer Davenport.
The tech's name was Justin Porter.
She let this guy into her house.
Our computer geek Justin Porter never made it to work this morning.
What's his last known? Employee file gave a fake address.
- Okay, let's put a BOLO out on him.
- Already done.
Frank, check with other victims, see if he left a trail.
Calleigh, meet me at Ellen Sheffield's.
Sheffield, we need your help.
I already told the police everything about the attack.
I understand, but there was a woman who was raped and murdered this morning on Star Island.
I heard about that on the news.
You think it might be the same man? We're not sure.
But why don't you tell us what happened to you? My husband was out of town.
I woke up in the middle of the night, and there was a man standing over the bed.
Afterwards, all, all I wanted to do was to take a shower to get clean.
But he said I had to make him breakfast.
When did the stabbing occur? After breakfast.
He disappeared briefly and when he came back, he was wearing garbage bags.
Garbage bags? Why? Maybe to prevent transfer.
Why are you wearing that? Ellen, I know this is a difficult question.
Why do you think he didn't kill you? He would have if it weren't for the kids who came to the door selling candy bars.
The doorbell scared him off.
He must have been wearing at least five garbage bags.
What makes you say that? He looked different.
Then maybe it wasn't him.
Calleigh? Excuse us.
What are you thinking? She said he was different; maybe he was.
He had a partner, one who rapes then Zach kills.
I think it may have been a handoff.
How are you going to prove that? We got to find the partner.
All right, you think our computer geek might have left us a trail? Well, the RAM on a computer keeps a volatile record of every action taken and every communication made.
So, if he left us a clue, it should still be here.
And this little device captures all that live evidence.
If Justin Porter worked on Summer's computer, he may have left us something behind that can help us locate him.
So? Seriously not helping.
Have y'all found anything? The computer's built-in webcam was activated this morning around the same time as the attack.
Shot video for 20 minutes.
That's interesting.
Isn't this the room taht Horatio think Summer was attaked into? You think the rapist recorded the attack? It's possible.
I mean, he makes his victims cook him breakfast.
Sick and twisted is his style.
Can we see the video? File was e-mailed and then erased.
Man, this guy's good.
He routed the file through a zombie network.
Computers and e-mail accounts that have already been hacked into.
Did it to cover his tracks.
This could take months to locate the destination.
What about Ellen Sheffield, the other victim? Yeah, if he recorded Summer's attack, he probably recorded Ellen's, too.
And she said he ran off when the doorbell rang.
It is possible he didn't have time to cover his tracks.
I just think it's completely demented this guy would use her own computer to record the rape.
Will you fast-forward past this part, please? Yeah, sure.
Go back.
Well, there's our guy.
This creep never erased the video because he never had a chance to send it.
Wait a second.
Guys, someone is trying to access Ellen's hard drive - remotely right now as we speak.
- Who? I don't have a name, but I do have an external IP address.
Can you trace it to a geographic location? I'm already on it.
That's a self-storage facility.
Is there a way that this is another zombified computer? Definitely not.
This is the source.
Our suspect is there right now.
Justin Porter? You're under arrest for the murder of Summer Davenport.
I didn't kill her.
We have the video footage, Justin.
We know what you did to her and to Ellen Sheffield.
And if you try to make that go away, we got your DNA.
We have you.
Get down! Down! Get down! Get down! Get off me! That's my work! I want to see that! Get off me! Get off me! We hear you're trying to rope my client back into this.
Just following the facts, ma'am.
And where exactly are they leading you? Your client claims that he took a sleeping pill, but I find no sedative in his bloodstream.
You see, I don't think he was asleep at all.
I think he's involved.
So you're working on a connection between Justin and Zach.
How many years back are you going? Far as I need to, Eric.
Sorry, H, Villani wants me to record all of this.
No worries, brother.
Just fire away.
So, Zach, you worked circulation, and Justin worked tech support.
Don't say anything, Zach.
You were a tag team.
Justin and I completed each other.
Zach! Shut up! I'll do the talking now.
He could be with these women, but I couldn't.
Killing was the only way that I could get close to them.
Closer than sex.
Take him, please.
So much for your batting average.