Law & Order (1990) s13e22 Episode Script
Sheltered
NARRATOR: In the criminal justice system the people are represented by two separate yet equally important groups, the police who investigate crime and the district attorneys who prosecute the offenders.
These are their stories.
I'm telling you, one day Connor was the sweetest kid I've ever known.
The next day, "No!" had become an art form.
He's discovering his inner sense of self.
More like his inner monster.
You just wait until Maggie plants her feet in the middle of Toys "R" Us and screams bloody murder.
I'm serious, Amy.
Kids don't need independence.
They need structure and discipline.
Makes 'em feel safe.
(GUNSHOT) My God.
Amy? (GASPING) Amy? Please, call 911! Is she okay? Just call! (CHILDREN CRYING) Amy! Amy! Just hang on.
I'm getting an ambulance.
COP: Female victim, Amy Lane, took one to the neck.
She was walking her baby with her friend, Tracy Underwood.
The friend says she heard a shot, looked over, Amy was on the ground.
Any other witnesses? Just a restaurant owner.
I got him.
BRISCOE: What've we got? The shot looks through and through.
Where'd the slug wind up? We can't find it.
No shell casings either.
Any idea what kind of weapon? Shot came from a distance.
So with no slug or shell casing And where was the shooter? If we knew which way she was facing before she got hit, maybe we could figure the angle of the shot.
I was leaning in my stroller.
I didn't see what she was doing.
I was opening up my restaurant.
How about where the shot came from? Over there, maybe? What do you think? I don't know.
You were opening up, weren't you? I think it was from over there.
Has anyone called Amy's husband? What about the baby? Uh, the officer will take care of the baby.
How can we reach her husband? Uh, he's a consultant with McMurtry & Company.
Okay.
Thanks.
What'd you find out? Could've been a stray bullet.
Six inches to the right, she'd still be here.
Six inches to the right and Lincoln would've seen the end of the play.
(SIGHS) I can't believe this is happening.
Amy just had an acupuncture appointment.
She was having back problems from lifting the baby.
Was her appointment in Chinatown? On Mott Street.
How could this have happened at 9:00 in the morning? BRISCOE: Mr.
Lane, I know this is a difficult question at a time like this, but can you think of anybody who might've wanted to hurt your wife? I thought this was some random thing.
Well, we're not certain of anything just yet.
We have to ask.
Well, you're going down the wrong road.
How were things at home? Everything was fine.
Look, I know you have to ask these questions.
But, please, I wasn't cheating on my wife.
And, uh (VOICE BREAKING) There isn't anyone who wanted to hurt her.
Okay, Mr.
Lane.
Uh, the restaurant owner from this morning just showed up with his daughter.
I put him in Interrogation Two.
BRISCOE: Mr.
Chin.
My father has something to tell you.
(SPEAKING IN MANDARIN) He knows something about the shooting that happened this morning.
Is that true, Mr.
Chin? Sir, if you saw something, we could use your help.
What about my family? Who will help them? If you talk to us we can protect you.
If you don't The Ghost Dragons.
They were extorting my restaurant.
Last week I didn't have enough money.
They said I would pay one way or another.
Maybe they did this to warn me.
You did the right thing, Mr.
Chin.
(MEN LAUGHING) Oh, you must be the Dai Lo.
Out.
So there was a shooting this morning on Catherine Street.
Really? Hadn't heard.
Yeah, that wouldn't make you much of a Dai Lo, now would it, if you didn't know what was going on in your territory? Territory? I don't know what you mean, brother.
That's where the people live who pay you protection money.
(CELL PHONE RINGS) Yeah? Where were you at 9:00 this morning? (SNICKERS) 9:00? I was catchin' Z's, man.
Lennie, the Loo wants us to check out another shooting on Powell Street.
WOMAN: I was standing in line behind him.
He just collapsed.
Did you hear the shot? I thought it was a car backfiring.
You know where it came from? Definitely from over there.
Hey, get CSU across the street.
We checked, Detective.
Nothing.
Well, check again.
Did you see anything after the shooting? Everyone taking cover.
Detectives! This looks like your slug.
Could be a.
243 or a 7-milimeter.
Rifle? Definitely a rifle.
BRISCOE: Same neighborhood, same general scenario.
Shot from out of nowhere, victim goes down.
One of them hit in the neck, one in the head.
They both can't be stray bullets.
No witnesses? Plenty of people see the victim go down.
Nobody sees the shooter.
What about these Ghost Dragons? We're putting them in lineups on the extortion.
But the second shooting doesn't seem to have any relation to a restaurant.
Well, what about some kind of hit? Is there any connection between the two victims? He's an accountant.
She's a mom.
Maybe he did her taxes.
Well, let's hope that's it.
I'm sorry, Amy Lane isn't anywhere in Mr.
Spelling's book.
How about off the book? What's that supposed to mean? Could they have been seeing each other socially? Absolutely not! Look, Mrs.
Barker, we're not interested in embarrassing Mr.
Spelling or his family.
We just want to find out who killed him.
Mr.
Spelling was not having an affair.
And frankly, I can't believe that you would come in here after what just happened and imply that he was.
BRISCOE: Right now, every second counts.
So I'm gonna ask you again, are you sure? Because sometimes there are little signs, you know.
You ignore them, you don't let yourself think about it.
I've worked with Larry for twenty years.
You're with someone that long, you know every little thing about them.
(CELL PHONE RINGS) Briscoe.
(SIGHS) Yeah.
Thanks.
Get these people back.
His name is Charlie Rodriguez.
Foreman for the power company.
Slug's from a rifle.
Tell me someone saw something.
Lieutenant, this place is a mess.
We're just starting to talk to people Sergeant, I want you to hunt down every single person who was here when this man was shot.
I want to know where they were standing, what they heard, what they were doing.
Yes, ma'am.
ED: What'cha got for us, Wes? Trying to figure out where your shot came from.
Here, hold this.
He was DOA so the medics didn't touch him, mess up the wound.
Now, witnesses say he was facing the street, writing on a clipboard, when he got hit.
I already ran a probe into the wound measured the angle.
Now, based on that calculation Where was the bastard? That roof.
Loo, we got gunshot residue over here.
So the guy took his shot from here.
And either he goes down the stairs or across a couple of rooftops.
Lieutenant.
Forensics found this note taped to the wall on the other side of the roof.
"Someone stop the voices.
" VAN BUREN: Ballistics makes both slugs 7-milimeter rounds fired from a Remington 700.
Nobody sees a guy walking around with a rifle in broad daylight? They make a model that breaks down like a pool cue.
You can conceal it in your jacket or your shopping bag.
This guy took out each of his victims with a single shot.
That means he knows what he's doing.
Any link between these people? Just that they were shot within a ten-block radius.
Other than that, it looks random.
Wonderful.
I think it's time we shut down Lower Manhattan like we did when the towers went down.
If we do that, sir, we'll have panic on our hands.
I at least want that area swarming with manpower.
All RDOs have been canceled.
Everyone's pulling double tours.
The Commissioner wants observation posts set up with views of the rooftops.
Does the media know about the note? My sources at the local news outlets say yes.
Okay, Lieutenant, you'll continue to run the team, for now.
Let's get this son of a bitch.
BRISCOE: Hey, Ed, I got somethin' on the west side of Powell Street.
ED: Looks like a cable guy.
Better make sure.
Get a car over to the corner of Powell and Mott.
DETECTIVE: Central, we've got a possible suspect for ED: Eight million people in this city and one lunatic.
How come I don't like these odds? For once, I'm glad the house always wins.
Yeah, but given enough time (SPEAKING IN MANDARIN) Lady at 130 Mott says she hears somebody on her roof.
south of the green steeple.
BRISCOE: Must be rats.
(CELL PHONE RINGS) Yeah? Where? BRISCOE: We have any ID? VAN BUREN: Victim's name is Hayley Sanders, 14.
She just got out of school.
One shot from across the street.
Anybody see the shooter? Three kids saw suspicious men leave different buildings.
This guy's like a ghost.
We blanket uptown, he moves downtown for some fresh blood.
SERGEANT: Lieutenant.
We found this note on the roof at 432.
"Me four, police zero.
" At least he knows how to count.
I want a shrink to see this.
There's something perplexing about these notes.
Maybe because they were written by a lunatic.
Actually, they weren't.
At least, one of them wasn't.
Random killers tend to be one of a few distinct personalities.
"Someone stop the voices.
" That's a schizophrenic.
But "Me four, police zero" isn't? That's a taunt.
Forensics says that paper and the printer that he used are identical, so it's gotta be the same guy.
The notes are psychologically incongruous.
Maybe he forgot he was nuts when he wrote the second note.
Well, if he's not crazy why would he want us to think he was? To throw us off.
Random killers have no personal motive.
VAN BUREN: What if this guy did? He could be trying to camouflage one killing with a bunch of others.
Well, if that's true, he'd have to know where his real victim was gonna be at a certain time and a certain place.
Look, go back to the families.
See if any of these victims had a routine.
Charlie didn't gamble.
Maybe a beer to wash down some potato chips during a ball game.
Paid the bills the same day they came.
He was compulsive like that.
I guess that's why he was good at his job.
How long was he with the power company? Twenty-three years.
Had he worked at that site for a while? For the last three months.
Was your husband having any problems we should know about, Mrs.
Rodriguez? What kind of problems? ED: Financial difficulties, trouble at work.
No.
Well, wait a second.
There There's a guy that Charlie was always complaining about.
What, they didn't get along? This jerk This jerk had an attitude.
Wouldn't hold up his end of the work.
Always had to leave early for one reason or another.
Did your husband tell you this jerk's name? Capshaw.
He just called him Capshaw.
BRISCOE: Thanks.
(KNOCKING) SUPER: Herman ain't there.
Do you know where he is? Yeah, he's pickin' up his kid from school, like always.
Sounds like you know him pretty well.
Sure.
Why not? He moved in the same week I started here.
Ten years ago next month.
No problems, no complaints.
He in trouble? We'll let you know.
Can I help you? ED: You Herman Capshaw? Yeah.
They're cops.
Yeah, thanks.
You can go now.
Uh, we need to ask you a couple of questions, Herman.
About what? Charlie Rodriguez.
Why don't you go inside, Justin.
What's goin' on? And, uh, close the door.
JUSTIN: Okay.
You mind if we come in? You know, it's not a good time for me right now.
Oh? When is a good time? We'll come back.
We could meet for coffee.
That'd work for me.
There ain't no need to be a smartass, Mr.
Capshaw.
Give me your card, I'll call you tomorrow.
You know, we get that all the time.
It always seems to slip people's minds.
Look, I can understand you don't want to do this with your boy around, so maybe you want to take a ride with us down to the precinct.
Am I under arrest, Detective? Because, as far as I know, I don't have to go with you unless I'm under arrest.
So, your card? BRISCOE: Herman Capshaw 39-years-old.
Not even a parking ticket.
According to the Marines, he was honorably discharged in '93.
Served most of his tour in the Philippines.
So he knows his way around a rifle.
It gets better! He got the highest sharp shooting rating the Marines have to offer.
And you didn't pick him up because? He's a stickler for the Bill of Rights.
Well, get a car on his residence.
We already did.
If Capshaw's our shooter, he must be keeping in game shape.
All the local target ranges are too short for a rifle.
Hey, man, there's a target range like that out in Armonk.
WEBB: Herm Capshaw.
Sure, I know him.
He's not a member, but we're open to the public.
I've seen him up here a few times.
Do you remember what he was shootin' with? Bolt action.
High powered, with a scope.
Would a Remington 700 qualify? Oh, absolutely.
So, is the guy in the city who Well, probably not But, uh, we're workin' our way down the list.
So if it turns out to be him? Don't worry, everything's legal up in here, right? Right.
You know, I didn't even think this guy lived in the city.
ED: How come? I heard him talk to some guy at the counter one day.
Braggin' about a 12-point buck he took on some land, he's got up in the Catskills.
(KNOCKING) Police! (KNOCKING) We have a warrant! Lennie! Check it.
I'm no expert, but this looks just like the one they pulled from Hayley Sanders.
SHERIFF: Detectives! This was in the closet.
(COCKING GUN) (KNOCKING) Dad? Herman Capshaw? What do you think you're doing? I'm arresting you for the murder of Hayley Sanders Who? Amy Lane, Charlie Rodriguez, Larry Spellman.
In front of my son Where's your mother? Dead.
You cannot leave him here alone.
Oh, don't worry.
Child Welfare will find a nice warm place for him.
Dad! Don't worry.
It'll be okay.
Why do you want to lie to the kid? ED: You have the right to remain silent.
Anything you say can CLERK: Docket 8472.
"People v.
Herman Joseph Capshaw.
"Four Counts of Murder in the First Degree.
" (GAVEL BANGS) One more person opens their mouth, they'll be removed from my courtroom.
You may speak, Counselor.
Uh, sorry, Judge.
Kyle Rowen, New York State Capital Defenders for Mr.
Capshaw.
My client pleads not guilty.
Bail? SERENA: Your Honor, the People ask for remand.
The defendant is charged with shooting four people, as well as wreaking terror and fear on the entire city.
He's also innocent until proven guilty.
The murder weapon was found in Mr.
Capshaw's cabin in the Catskills.
I know you said not to say anything, Your Honor, but may I speak? JUDGE: Sit down! That man killed my daughter.
This isn't the right time, ma'am.
I'm just asking that you not release him from jail, that's all.
He isn't going anywhere, ma'am.
ROWEN: Oh, Judge, I object.
I haven't even made my bail application you've already made up your mind.
You're right.
Remand.
(BANGS GAVEL) ROWEN: I had planned on asking you what it would take to get the death penalty off the table.
Only Mr.
Capshaw won't play along? He's got this one thing nagging at him.
He says he's innocent.
I did not kill those people.
The evidence What, the rifle? The cabin was wide open all the time.
Anyone could've stolen it.
To kill your boss? Like I'm the only one who didn't get along with Rodriguez? Everyone at work knew I had a cabin upstate.
Call us if anything changes.
What other evidence do we have linking him to the shootings? You don't actually believe him? What scares me are those two little words that pay a defense attorney's rent.
Not guilty? Reasonable doubt.
What about the notes? They were written on a computer, only Capshaw didn't have one in his apartment or cabin.
The two little words are getting louder and louder.
I'll talk to Forensics.
So, I contacted the Secret Service.
They have the largest investigative database of paper and ink in the world.
Anyway, the notes were printed on an HP Deskjet.
Great.
I could have written them.
I doubt it.
I was joking.
I wasn't.
Even your office spends more on paper.
Now, this is not quite commercial grade.
Uh, it came from a mill in Lawrence, Massachusetts that does not distribute to retailers.
Their only local contract is with the New York City Public Schools.
Now, either Capshaw is younger than he looks Or his son wrote the notes.
He's in my third period math class and fifth period computer science.
Always does his homework.
Solid B+ student.
What about friends? I couldn't tell you.
If he had any, I didn't notice.
The kids team up for certain projects.
Justin always worked alone.
The other kids didn't want to work with him? Actually, I got the feeling he didn't want to work with them.
Uh, right Right here.
This This is where Justin sits.
Do you mind? Oh, help yourself.
So, you really think Justin's dad was the sniper? There's a good chance.
It just goes to show you can't ever tell about people.
He seemed like one of the good ones.
Never missed a parent-teacher conference.
Very concerned about Justin's progress.
It's all kind of depressing.
Thank you.
SERENA: Jack! Forensics confirmed that the notes were written on the paper from Justin Capshaw's school.
This a copy of the first note.
Look at the "i" in "voices".
It's not dotted.
This is what I printed from Justin's computer at school.
No dot here either.
Justin had to have written the notes.
Call Van Buren.
PARKMAN: Come on.
We both know what you're trying to do.
Squeeze the kid to get to his old man.
You should be ashamed of yourself.
My dad didn't kill anyone.
PARKMAN: You see? Nothin' to squeeze.
Actually, Justin, we know you helped your father kill those people.
Hold on.
I'm still back on my client saying his dad didn't kill anyone.
Then why did your client write the notes we found at the scene? I can help you, Justin.
If all you did was write those notes, we can cut a deal right here and now.
You'd never have to see the inside of a prison cell.
My dad didn't shoot those people.
Did your father tell you to say that? No! He didn't kill those people.
I did.
Jack, I think we better regroup later.
It's been through the lab twice.
Two sets of prints on the rifle.
Capshaw and his kid Justin.
Not what you wanted to hear.
I was hopin' you'd just found the father's.
There is one thing.
Does either one of them wear glasses? Why? Because the last person to shoot this baby had less than perfect eyesight.
How can you tell? The focus adjustment on the scope.
It's like binoculars.
As you bring the image in closer, you need to refocus.
If you wear glasses, you need to take them off and use the focus to make the image clear.
I'll take your word for it.
Okay.
Well, the focus adjustment here was set for someone with vision in the 2,200 range.
Couldn't it have been moved by CSU? Maybe a little, but not that much.
And there's one other thing the ocular lens, where you focus the cross hairs it was also focused for someone who'd have to struggle to see the "E" on the eye chart.
And for this, you'd need to loosen a ring make the adjustment, and tighten the ring back up.
I don't want to believe it either, but Justin's the only one that wears glasses.
Any history of violent behavior? No.
Where's Capshaw's military record? Let's hope Herman Capshaw wears contact lenses.
He was a marksman, Jack.
I'm sure he had pretty good vision.
A freshman in high school doesn't just get up one morning and decide to climb up on the roof and mow down people in the street.
Damn.
Perfect vision? Maybe his father talked around the breakfast table about how he could kill Rodriguez and get away with it.
How old is Justin Capshaw? Fifteen.
Why? Herman Capshaw was stationed in the Philippines with his wife and son from 1987 to 1993.
Their only son was born there in 1988.
That would make him 15.
That same wife and son died in a car crash in the Philippines in 1993.
JACK: You'll be happy to know I believe you, Justin.
Will you let my dad go now? I'd be happy to do that if I knew where he was.
What are you trying to pull here, Jack? Herman Capshaw isn't Justin's father.
Liar! Herman Capshaw's only child was named Herbert.
He died in a car crash in 1993.
And what's that got to do with the price of pickles in Park Slope? If I'm going to charge your client with four counts of murder, it would help to know his name.
He adopted me.
There's no record of that, Justin.
JUSTIN: She's lying.
Okay.
We'll just charge Herman Capshaw with interference with parental rights.
No! My whole family died when our house burned down.
Your mom and dad? And my sister.
Jennie wasn't even supposed to be there.
She was supposed to be in horseback riding class.
Herman took me in.
He took care of me.
That's why I shot those people.
Rodriguez was going to fire him.
For once, I got to help him.
What's your real name, son? Justin Capshaw.
The Marines tell me that Capshaw has no brothers or sisters.
So he's not crazy Uncle Herman down in the big city.
Unfortunately, no.
And the police are checking records of house fires with three victims.
Justin's school records show that he entered kindergarten in '93.
Capshaw's super told Briscoe and Green that's when he moved into his apartment.
If only we knew where he lived before that.
We do.
He bought the cabin in '86 before he shipped out.
Does it really make a difference what Justin's real name is? It wouldn't if he'd tell us.
The kid's hiding something, and I want to know what.
Do you know how many little towns there are in the Catskills? No, but I'd bet there aren't that many horseback riding schools.
Look, lady, this is not the IRS.
I don't keep records.
But you've been here ten years? Seventeen.
Is there any chance you remember a student of yours named Jennie who died in a fire? I've never been very good with names.
But something like that, I think I would remember.
Why? We have a boy down in the city who says he had a sister named Jennie who took riding lessons.
But I'm sure he's lying anyway.
Thanks.
His name wouldn't be Justin, would it? Why? About ten years back there was a Justin Lafferty.
He went missing.
He had a sister, Jennie.
She rode here.
Is his family still around? What's left of it, yeah.
Jake, he, uh, had one too many, and then he had a head-on with a beer truck going south on the Thruway.
That was maybe a year after this thing with Justin.
Look, if you're planning on talking to Meg, I'd take it slow.
I don't know that she's gotten over this, yet.
So what does a New York City district attorney want with me? I just have a few questions, Mrs.
Lafferty.
This is about that Lloyd Garrison, isn't it? You know, I always thought he Stop it, Mom.
Just because he has long hair.
He's always going down to the city for no reason I can think of.
His hair doesn't bother me, it's the tattoo.
And she expects me to believe she was at Woodstock.
This doesn't have anything to do with Lloyd Garrison.
Oh! It's Justin.
Ten years.
We thought he was I can't imagine what you've been through, Mrs.
Lafferty.
Is he Physically, he's fine.
How could he be fine? Some pervert kept him locked up for ten years! There's no evidence he was abused.
Then why? What did he want Justin for? (DOOR OPENS) Oh, my God.
Justin.
Who is this? It's us, Justin.
Jennie and Mom.
Where's my dad? Dad died, Justin.
What What is she talking about? Your real father.
Herman Capshaw is my real father.
I I don't know these people! Justin I don't know why you brought me here! Can I go now? I want the bastard who did that to my son dead! ARTHUR: Ten years! I used to sweat when Bobby went off to summer camp for six weeks.
I don't know what's worse, thinking your kid is dead, or finding him alive but not recognizing you.
Take it from a parent, you prefer them alive, no matter what.
Capshaw's attorney called again.
He wants to deal on the kidnapping.
What are you gonna do? Let him sweat for a while.
How am I going to prosecute this kid, Arthur? You're going to remember the people lying dead on the street, that's how.
(SIGHS) (KNOCKING AT DOOR) Thank you.
Notice of Parkman's intent to assert an affirmative defense.
Not guilty by reason of mental defect.
There's a shock.
JUSTIN: Why would you think I'm crazy? I didn't say I did.
Well, you're a shrink, aren't you? Your attorney thinks you may not be responsible for killing those people.
Because I'm nuts? Tell me about Herman Capshaw.
He's the best.
Tell me how.
Okay.
There was this one time back in third grade, these kids were picking on me.
He took care of it.
He hit them? Come on.
We were in third grade.
He went right to their parents and told 'em to make their kids cut it out.
And they did? You better believe it.
Dad was always there like that for me.
He's not your dad, Justin.
Why not? He took care of me, he fed me, he bought whatever I needed.
Justin, he took you away from your real parents.
They're dead.
Dad loves me, and I love him.
Justin What do you do when you're not in school? What do you mean? Oh, I don't know.
Do you play ball with your friends? With my dad.
Do you go on dates? Dad says school's more important.
What about friends? Dad's all the friends I need.
He does for me, and I do for him.
Did he ask you to kill those people? How many times do I have to say it? Mr.
Rodriguez was going to fire him.
So you killed him? That's right.
What about the other people? I tried to throw the police off track.
I feel bad about what I did, but I had to do it.
Why? He's my dad, and he needed my help.
OLIVET: Since Capshaw was discharged from the Marines, he's isolated himself.
He's become what we call an anomic personality.
A man alone in a big city.
Only we're dealing with the boy here.
Capshaw kept Justin just as isolated.
He sheltered him from everything.
And that's bad? When it extinguishes all other human contact, it is.
Did he abuse Justin? Emotionally, yes.
He induced trauma by telling him his real family was dead.
The trauma, combined with the isolation created a relationship of total dependency.
Herman Capshaw eases Justin's pain and Justin whacks four innocent people.
To ease Capshaw's pain.
It's a form of Battered Child Syndrome.
Are you recommending we stick him in a hospital? I would if he didn't kill anybody.
But when he pulled the trigger, he knew what he was doing was wrong, and he chose to do it anyway.
I've raised Justin like he was my own son since he was five years old.
But he's not your son? No.
Let's put our cards on the table, Mr.
Capshaw.
You were indicted by the District Attorney's Office for kidnapping Justin, isn't that correct? CAPSHAW: Yes.
But it's not like that.
I was a good father to him.
Did you agree to plead guilty to kidnapping and as a part of that plea agreement did you agree to testify here today? Yes.
Did you know a Mr.
Charles Rodriguez? Yes.
He was my boss.
And he was about to fire you? Is that correct? Yes.
Did you discuss this with Justin? Yes, but he would never Yes or no, sir? Yes.
Did you ever mention to Justin that you liked the Beatles? Sure.
What did he do? He bought me the boxed set.
You never asked him for it? I never asked him for anything.
That's nice.
What did you do when Justin got a C in Chemistry? I told him he'd never get into a good college with C's.
What did he do? He studied his butt off and got an A.
And that made you happy? Sure.
He'd do anything to make you happy, isn't that correct? What's going on here? I was a good father.
Justin does well in school.
He's not on drugs or in a gang.
He's a good kid because of me.
And he owed you big time for that.
Justin doesn't owe me anything.
I love him.
You'd do anything for him? That's right.
And he'd do anything for you? Yes.
PARKMAN: Nothing further.
OLIVET: Justin may have been abused.
But abuse in and of itself doesn't negate intent as defined in the penal code.
The abuse in Justin's case may have affected his personality, but it certainly didn't cause any mental defect that would have prevented him from knowing right from wrong.
JACK: Abused? Did Mr.
Capshaw hit the defendant? No.
But emotional abuse can be sufficient to cause Battered Child Syndrome.
Battered Child Syndrome? Is that the equivalent of Battered Wife Syndrome, Doctor? Yes.
Isn't it true that Battered Wife Syndrome is often a valid defense to a charge of murder? Of course.
But in those cases, the wife kills the person who's doing the battering.
Justin killed people with whom he had no personal contact.
Would you say that Justin was dependent on Herman Capshaw? He felt he was.
More so than in the normal father-son relationship? Because of their total isolation from the rest of society, I'd have to say yes.
So if something, or someone, threatened the well-being of Mr.
Capshaw, how would that affect Justin? It would feel like a direct threat to him as well.
And he'd feel compelled to protect himself? I couldn't say.
If I pointed a gun at you, Dr.
Olivet, wouldn't you try to shoot me before I shot you? I suppose.
Of course you would.
If you tell anyone that his family is dead, that he'll never see them again, it certainly causes trauma.
And if that someone Is a five-year-old child, Dr.
Diamond, how would he be affected? It would be devastating.
He would attach himself emotionally to the next caring person he came into contact with.
And that's why Justin became totally dependent on Mr.
Capshaw? The boy had no choice but to land in a symbiotic relationship with Mr.
Capshaw.
You said he had no choice, Doctor? That is correct.
He would do whatever it takes to protect that relationship.
Even kill? Yes.
You're saying the defendant had no choice in the shooting of Mr.
Rodriguez? Is that correct? Yes.
What about the other people? I don't know what you mean? He killed three other innocent people.
People who were no threat to him or to Mr.
Capshaw.
How do you explain that? In his mind, it was necessary to protect Please! He chose to try to get away with his crime.
Isn't that so? SERENA: Hey, are you okay? (SIGHS) Some days I really don't enjoy my job.
I mean My old man was the worst son of a bitch you could possibly meet, but if some nut had grabbed me up, I can't say what kind of person I would have become.
What's this? Crime scene photos.
Hayley Sanders, Amy Lane, Larry Spelling, Charlie Rodriguez.
(DISTANT ARGUING) JENNIE: I need to see him.
GUARD: You can't, miss.
JENNIE: I need to talk to him.
Miss, please, I can't let you in.
I just need to talk to him.
It's okay, Fred.
How can you do this to us? Your brother killed four people.
He was a good kid, a happy kid.
He wouldn't have done this if that lunatic hadn't taken him from us.
This whole thing, it turned my father into a drunk.
It wasn't an accident, Mr.
McCoy.
He killed himself.
My mother has been walking around half-dead for ten years! Hasn't my family suffered enough? That's not my call, Jennie.
You bastard! That freak took him from us! Now you're doing it all over again.
You can't get me to say anything bad about Dad.
I wouldn't think of it.
The man gave you everything.
That's right.
You are what you are today because of him.
He didn't make me shoot those people, if that's what you're getting at.
But he did teach you to shoot.
He was rated an expert marksman in the Marines.
We went hunting together.
What did Mr.
Capshaw tell you about Charlie Rodriguez? He said he was a jerk.
He was always picking on Dad, but Dad couldn't do anything because Charlie was the boss.
Was Dad worried about losing his job? He said they went over-budget on a site.
Somebody had to go.
He knew Charlie would pick him.
PARKMAN: And then what would happen? JUSTIN: We'd end up without money or food or a place to live.
And that's why you shot Charlie Rodriguez? Dad worked hard his whole life.
This jerk was going to ruin him.
And you couldn't let that happen? I love him.
He loves me.
PARKMAN: Thank you.
Tell me about Amy Lane.
Who? She's the first person you killed.
I I didn't know her.
Nice lady.
She had a daughter.
Just eight-months-old.
How about Larry Spelling? We get Counsel's point, Your Honor.
The defense is willing to stipulate the defendant shot three people at random.
Move on, Mr.
McCoy.
What's the worst thing that could've happened if Charlie Rodriguez had fired Mr.
Capshaw? We could end up homeless.
The government could come and take me away.
And that scared you? Yes! So you didn't shoot Charlie Rodriguez to help Mr.
Capshaw, you did it for yourself.
Huh? Your attorney has been arguing that you shot these people out of some compulsion to protect Mr.
Capshaw.
But the truth is, you were only thinking about yourself, isn't that so? No! Dad would come and get me.
We're family.
Not like them.
He loves me.
He would come and get me.
JUDGE: Have you reached a verdict? We have.
How do you find? We find the defendant, Justin Lafferty, not guilty by reason of mental defect.
The jury basically blamed Capshaw for the murders.
He did put the proverbial loaded rifle in Justin's hand.
And cocked the hammer.
You don't actually think the jury did the right thing? Why not? The kid's as much a victim as Please don't say the four dead people.
ARTHUR: Thank you.
On my watch, someone points a rifle at a crowd and pulls the trigger, at a minimum, gets to spend the rest of his life in gray pajamas not being coddled by a phalanx of white coats trying to fix the poor, misguided soul.
I never thought of a state mental institution as a place to be coddled.
It ain't Attica.
There's always a chance Justin can be rehabilitated, Arthur.
Four dead? I don't think he's earned that chance.
And I also think my Senior Prosecutor should agree with that.
I do.
But? I'm a father.
These are their stories.
I'm telling you, one day Connor was the sweetest kid I've ever known.
The next day, "No!" had become an art form.
He's discovering his inner sense of self.
More like his inner monster.
You just wait until Maggie plants her feet in the middle of Toys "R" Us and screams bloody murder.
I'm serious, Amy.
Kids don't need independence.
They need structure and discipline.
Makes 'em feel safe.
(GUNSHOT) My God.
Amy? (GASPING) Amy? Please, call 911! Is she okay? Just call! (CHILDREN CRYING) Amy! Amy! Just hang on.
I'm getting an ambulance.
COP: Female victim, Amy Lane, took one to the neck.
She was walking her baby with her friend, Tracy Underwood.
The friend says she heard a shot, looked over, Amy was on the ground.
Any other witnesses? Just a restaurant owner.
I got him.
BRISCOE: What've we got? The shot looks through and through.
Where'd the slug wind up? We can't find it.
No shell casings either.
Any idea what kind of weapon? Shot came from a distance.
So with no slug or shell casing And where was the shooter? If we knew which way she was facing before she got hit, maybe we could figure the angle of the shot.
I was leaning in my stroller.
I didn't see what she was doing.
I was opening up my restaurant.
How about where the shot came from? Over there, maybe? What do you think? I don't know.
You were opening up, weren't you? I think it was from over there.
Has anyone called Amy's husband? What about the baby? Uh, the officer will take care of the baby.
How can we reach her husband? Uh, he's a consultant with McMurtry & Company.
Okay.
Thanks.
What'd you find out? Could've been a stray bullet.
Six inches to the right, she'd still be here.
Six inches to the right and Lincoln would've seen the end of the play.
(SIGHS) I can't believe this is happening.
Amy just had an acupuncture appointment.
She was having back problems from lifting the baby.
Was her appointment in Chinatown? On Mott Street.
How could this have happened at 9:00 in the morning? BRISCOE: Mr.
Lane, I know this is a difficult question at a time like this, but can you think of anybody who might've wanted to hurt your wife? I thought this was some random thing.
Well, we're not certain of anything just yet.
We have to ask.
Well, you're going down the wrong road.
How were things at home? Everything was fine.
Look, I know you have to ask these questions.
But, please, I wasn't cheating on my wife.
And, uh (VOICE BREAKING) There isn't anyone who wanted to hurt her.
Okay, Mr.
Lane.
Uh, the restaurant owner from this morning just showed up with his daughter.
I put him in Interrogation Two.
BRISCOE: Mr.
Chin.
My father has something to tell you.
(SPEAKING IN MANDARIN) He knows something about the shooting that happened this morning.
Is that true, Mr.
Chin? Sir, if you saw something, we could use your help.
What about my family? Who will help them? If you talk to us we can protect you.
If you don't The Ghost Dragons.
They were extorting my restaurant.
Last week I didn't have enough money.
They said I would pay one way or another.
Maybe they did this to warn me.
You did the right thing, Mr.
Chin.
(MEN LAUGHING) Oh, you must be the Dai Lo.
Out.
So there was a shooting this morning on Catherine Street.
Really? Hadn't heard.
Yeah, that wouldn't make you much of a Dai Lo, now would it, if you didn't know what was going on in your territory? Territory? I don't know what you mean, brother.
That's where the people live who pay you protection money.
(CELL PHONE RINGS) Yeah? Where were you at 9:00 this morning? (SNICKERS) 9:00? I was catchin' Z's, man.
Lennie, the Loo wants us to check out another shooting on Powell Street.
WOMAN: I was standing in line behind him.
He just collapsed.
Did you hear the shot? I thought it was a car backfiring.
You know where it came from? Definitely from over there.
Hey, get CSU across the street.
We checked, Detective.
Nothing.
Well, check again.
Did you see anything after the shooting? Everyone taking cover.
Detectives! This looks like your slug.
Could be a.
243 or a 7-milimeter.
Rifle? Definitely a rifle.
BRISCOE: Same neighborhood, same general scenario.
Shot from out of nowhere, victim goes down.
One of them hit in the neck, one in the head.
They both can't be stray bullets.
No witnesses? Plenty of people see the victim go down.
Nobody sees the shooter.
What about these Ghost Dragons? We're putting them in lineups on the extortion.
But the second shooting doesn't seem to have any relation to a restaurant.
Well, what about some kind of hit? Is there any connection between the two victims? He's an accountant.
She's a mom.
Maybe he did her taxes.
Well, let's hope that's it.
I'm sorry, Amy Lane isn't anywhere in Mr.
Spelling's book.
How about off the book? What's that supposed to mean? Could they have been seeing each other socially? Absolutely not! Look, Mrs.
Barker, we're not interested in embarrassing Mr.
Spelling or his family.
We just want to find out who killed him.
Mr.
Spelling was not having an affair.
And frankly, I can't believe that you would come in here after what just happened and imply that he was.
BRISCOE: Right now, every second counts.
So I'm gonna ask you again, are you sure? Because sometimes there are little signs, you know.
You ignore them, you don't let yourself think about it.
I've worked with Larry for twenty years.
You're with someone that long, you know every little thing about them.
(CELL PHONE RINGS) Briscoe.
(SIGHS) Yeah.
Thanks.
Get these people back.
His name is Charlie Rodriguez.
Foreman for the power company.
Slug's from a rifle.
Tell me someone saw something.
Lieutenant, this place is a mess.
We're just starting to talk to people Sergeant, I want you to hunt down every single person who was here when this man was shot.
I want to know where they were standing, what they heard, what they were doing.
Yes, ma'am.
ED: What'cha got for us, Wes? Trying to figure out where your shot came from.
Here, hold this.
He was DOA so the medics didn't touch him, mess up the wound.
Now, witnesses say he was facing the street, writing on a clipboard, when he got hit.
I already ran a probe into the wound measured the angle.
Now, based on that calculation Where was the bastard? That roof.
Loo, we got gunshot residue over here.
So the guy took his shot from here.
And either he goes down the stairs or across a couple of rooftops.
Lieutenant.
Forensics found this note taped to the wall on the other side of the roof.
"Someone stop the voices.
" VAN BUREN: Ballistics makes both slugs 7-milimeter rounds fired from a Remington 700.
Nobody sees a guy walking around with a rifle in broad daylight? They make a model that breaks down like a pool cue.
You can conceal it in your jacket or your shopping bag.
This guy took out each of his victims with a single shot.
That means he knows what he's doing.
Any link between these people? Just that they were shot within a ten-block radius.
Other than that, it looks random.
Wonderful.
I think it's time we shut down Lower Manhattan like we did when the towers went down.
If we do that, sir, we'll have panic on our hands.
I at least want that area swarming with manpower.
All RDOs have been canceled.
Everyone's pulling double tours.
The Commissioner wants observation posts set up with views of the rooftops.
Does the media know about the note? My sources at the local news outlets say yes.
Okay, Lieutenant, you'll continue to run the team, for now.
Let's get this son of a bitch.
BRISCOE: Hey, Ed, I got somethin' on the west side of Powell Street.
ED: Looks like a cable guy.
Better make sure.
Get a car over to the corner of Powell and Mott.
DETECTIVE: Central, we've got a possible suspect for ED: Eight million people in this city and one lunatic.
How come I don't like these odds? For once, I'm glad the house always wins.
Yeah, but given enough time (SPEAKING IN MANDARIN) Lady at 130 Mott says she hears somebody on her roof.
south of the green steeple.
BRISCOE: Must be rats.
(CELL PHONE RINGS) Yeah? Where? BRISCOE: We have any ID? VAN BUREN: Victim's name is Hayley Sanders, 14.
She just got out of school.
One shot from across the street.
Anybody see the shooter? Three kids saw suspicious men leave different buildings.
This guy's like a ghost.
We blanket uptown, he moves downtown for some fresh blood.
SERGEANT: Lieutenant.
We found this note on the roof at 432.
"Me four, police zero.
" At least he knows how to count.
I want a shrink to see this.
There's something perplexing about these notes.
Maybe because they were written by a lunatic.
Actually, they weren't.
At least, one of them wasn't.
Random killers tend to be one of a few distinct personalities.
"Someone stop the voices.
" That's a schizophrenic.
But "Me four, police zero" isn't? That's a taunt.
Forensics says that paper and the printer that he used are identical, so it's gotta be the same guy.
The notes are psychologically incongruous.
Maybe he forgot he was nuts when he wrote the second note.
Well, if he's not crazy why would he want us to think he was? To throw us off.
Random killers have no personal motive.
VAN BUREN: What if this guy did? He could be trying to camouflage one killing with a bunch of others.
Well, if that's true, he'd have to know where his real victim was gonna be at a certain time and a certain place.
Look, go back to the families.
See if any of these victims had a routine.
Charlie didn't gamble.
Maybe a beer to wash down some potato chips during a ball game.
Paid the bills the same day they came.
He was compulsive like that.
I guess that's why he was good at his job.
How long was he with the power company? Twenty-three years.
Had he worked at that site for a while? For the last three months.
Was your husband having any problems we should know about, Mrs.
Rodriguez? What kind of problems? ED: Financial difficulties, trouble at work.
No.
Well, wait a second.
There There's a guy that Charlie was always complaining about.
What, they didn't get along? This jerk This jerk had an attitude.
Wouldn't hold up his end of the work.
Always had to leave early for one reason or another.
Did your husband tell you this jerk's name? Capshaw.
He just called him Capshaw.
BRISCOE: Thanks.
(KNOCKING) SUPER: Herman ain't there.
Do you know where he is? Yeah, he's pickin' up his kid from school, like always.
Sounds like you know him pretty well.
Sure.
Why not? He moved in the same week I started here.
Ten years ago next month.
No problems, no complaints.
He in trouble? We'll let you know.
Can I help you? ED: You Herman Capshaw? Yeah.
They're cops.
Yeah, thanks.
You can go now.
Uh, we need to ask you a couple of questions, Herman.
About what? Charlie Rodriguez.
Why don't you go inside, Justin.
What's goin' on? And, uh, close the door.
JUSTIN: Okay.
You mind if we come in? You know, it's not a good time for me right now.
Oh? When is a good time? We'll come back.
We could meet for coffee.
That'd work for me.
There ain't no need to be a smartass, Mr.
Capshaw.
Give me your card, I'll call you tomorrow.
You know, we get that all the time.
It always seems to slip people's minds.
Look, I can understand you don't want to do this with your boy around, so maybe you want to take a ride with us down to the precinct.
Am I under arrest, Detective? Because, as far as I know, I don't have to go with you unless I'm under arrest.
So, your card? BRISCOE: Herman Capshaw 39-years-old.
Not even a parking ticket.
According to the Marines, he was honorably discharged in '93.
Served most of his tour in the Philippines.
So he knows his way around a rifle.
It gets better! He got the highest sharp shooting rating the Marines have to offer.
And you didn't pick him up because? He's a stickler for the Bill of Rights.
Well, get a car on his residence.
We already did.
If Capshaw's our shooter, he must be keeping in game shape.
All the local target ranges are too short for a rifle.
Hey, man, there's a target range like that out in Armonk.
WEBB: Herm Capshaw.
Sure, I know him.
He's not a member, but we're open to the public.
I've seen him up here a few times.
Do you remember what he was shootin' with? Bolt action.
High powered, with a scope.
Would a Remington 700 qualify? Oh, absolutely.
So, is the guy in the city who Well, probably not But, uh, we're workin' our way down the list.
So if it turns out to be him? Don't worry, everything's legal up in here, right? Right.
You know, I didn't even think this guy lived in the city.
ED: How come? I heard him talk to some guy at the counter one day.
Braggin' about a 12-point buck he took on some land, he's got up in the Catskills.
(KNOCKING) Police! (KNOCKING) We have a warrant! Lennie! Check it.
I'm no expert, but this looks just like the one they pulled from Hayley Sanders.
SHERIFF: Detectives! This was in the closet.
(COCKING GUN) (KNOCKING) Dad? Herman Capshaw? What do you think you're doing? I'm arresting you for the murder of Hayley Sanders Who? Amy Lane, Charlie Rodriguez, Larry Spellman.
In front of my son Where's your mother? Dead.
You cannot leave him here alone.
Oh, don't worry.
Child Welfare will find a nice warm place for him.
Dad! Don't worry.
It'll be okay.
Why do you want to lie to the kid? ED: You have the right to remain silent.
Anything you say can CLERK: Docket 8472.
"People v.
Herman Joseph Capshaw.
"Four Counts of Murder in the First Degree.
" (GAVEL BANGS) One more person opens their mouth, they'll be removed from my courtroom.
You may speak, Counselor.
Uh, sorry, Judge.
Kyle Rowen, New York State Capital Defenders for Mr.
Capshaw.
My client pleads not guilty.
Bail? SERENA: Your Honor, the People ask for remand.
The defendant is charged with shooting four people, as well as wreaking terror and fear on the entire city.
He's also innocent until proven guilty.
The murder weapon was found in Mr.
Capshaw's cabin in the Catskills.
I know you said not to say anything, Your Honor, but may I speak? JUDGE: Sit down! That man killed my daughter.
This isn't the right time, ma'am.
I'm just asking that you not release him from jail, that's all.
He isn't going anywhere, ma'am.
ROWEN: Oh, Judge, I object.
I haven't even made my bail application you've already made up your mind.
You're right.
Remand.
(BANGS GAVEL) ROWEN: I had planned on asking you what it would take to get the death penalty off the table.
Only Mr.
Capshaw won't play along? He's got this one thing nagging at him.
He says he's innocent.
I did not kill those people.
The evidence What, the rifle? The cabin was wide open all the time.
Anyone could've stolen it.
To kill your boss? Like I'm the only one who didn't get along with Rodriguez? Everyone at work knew I had a cabin upstate.
Call us if anything changes.
What other evidence do we have linking him to the shootings? You don't actually believe him? What scares me are those two little words that pay a defense attorney's rent.
Not guilty? Reasonable doubt.
What about the notes? They were written on a computer, only Capshaw didn't have one in his apartment or cabin.
The two little words are getting louder and louder.
I'll talk to Forensics.
So, I contacted the Secret Service.
They have the largest investigative database of paper and ink in the world.
Anyway, the notes were printed on an HP Deskjet.
Great.
I could have written them.
I doubt it.
I was joking.
I wasn't.
Even your office spends more on paper.
Now, this is not quite commercial grade.
Uh, it came from a mill in Lawrence, Massachusetts that does not distribute to retailers.
Their only local contract is with the New York City Public Schools.
Now, either Capshaw is younger than he looks Or his son wrote the notes.
He's in my third period math class and fifth period computer science.
Always does his homework.
Solid B+ student.
What about friends? I couldn't tell you.
If he had any, I didn't notice.
The kids team up for certain projects.
Justin always worked alone.
The other kids didn't want to work with him? Actually, I got the feeling he didn't want to work with them.
Uh, right Right here.
This This is where Justin sits.
Do you mind? Oh, help yourself.
So, you really think Justin's dad was the sniper? There's a good chance.
It just goes to show you can't ever tell about people.
He seemed like one of the good ones.
Never missed a parent-teacher conference.
Very concerned about Justin's progress.
It's all kind of depressing.
Thank you.
SERENA: Jack! Forensics confirmed that the notes were written on the paper from Justin Capshaw's school.
This a copy of the first note.
Look at the "i" in "voices".
It's not dotted.
This is what I printed from Justin's computer at school.
No dot here either.
Justin had to have written the notes.
Call Van Buren.
PARKMAN: Come on.
We both know what you're trying to do.
Squeeze the kid to get to his old man.
You should be ashamed of yourself.
My dad didn't kill anyone.
PARKMAN: You see? Nothin' to squeeze.
Actually, Justin, we know you helped your father kill those people.
Hold on.
I'm still back on my client saying his dad didn't kill anyone.
Then why did your client write the notes we found at the scene? I can help you, Justin.
If all you did was write those notes, we can cut a deal right here and now.
You'd never have to see the inside of a prison cell.
My dad didn't shoot those people.
Did your father tell you to say that? No! He didn't kill those people.
I did.
Jack, I think we better regroup later.
It's been through the lab twice.
Two sets of prints on the rifle.
Capshaw and his kid Justin.
Not what you wanted to hear.
I was hopin' you'd just found the father's.
There is one thing.
Does either one of them wear glasses? Why? Because the last person to shoot this baby had less than perfect eyesight.
How can you tell? The focus adjustment on the scope.
It's like binoculars.
As you bring the image in closer, you need to refocus.
If you wear glasses, you need to take them off and use the focus to make the image clear.
I'll take your word for it.
Okay.
Well, the focus adjustment here was set for someone with vision in the 2,200 range.
Couldn't it have been moved by CSU? Maybe a little, but not that much.
And there's one other thing the ocular lens, where you focus the cross hairs it was also focused for someone who'd have to struggle to see the "E" on the eye chart.
And for this, you'd need to loosen a ring make the adjustment, and tighten the ring back up.
I don't want to believe it either, but Justin's the only one that wears glasses.
Any history of violent behavior? No.
Where's Capshaw's military record? Let's hope Herman Capshaw wears contact lenses.
He was a marksman, Jack.
I'm sure he had pretty good vision.
A freshman in high school doesn't just get up one morning and decide to climb up on the roof and mow down people in the street.
Damn.
Perfect vision? Maybe his father talked around the breakfast table about how he could kill Rodriguez and get away with it.
How old is Justin Capshaw? Fifteen.
Why? Herman Capshaw was stationed in the Philippines with his wife and son from 1987 to 1993.
Their only son was born there in 1988.
That would make him 15.
That same wife and son died in a car crash in the Philippines in 1993.
JACK: You'll be happy to know I believe you, Justin.
Will you let my dad go now? I'd be happy to do that if I knew where he was.
What are you trying to pull here, Jack? Herman Capshaw isn't Justin's father.
Liar! Herman Capshaw's only child was named Herbert.
He died in a car crash in 1993.
And what's that got to do with the price of pickles in Park Slope? If I'm going to charge your client with four counts of murder, it would help to know his name.
He adopted me.
There's no record of that, Justin.
JUSTIN: She's lying.
Okay.
We'll just charge Herman Capshaw with interference with parental rights.
No! My whole family died when our house burned down.
Your mom and dad? And my sister.
Jennie wasn't even supposed to be there.
She was supposed to be in horseback riding class.
Herman took me in.
He took care of me.
That's why I shot those people.
Rodriguez was going to fire him.
For once, I got to help him.
What's your real name, son? Justin Capshaw.
The Marines tell me that Capshaw has no brothers or sisters.
So he's not crazy Uncle Herman down in the big city.
Unfortunately, no.
And the police are checking records of house fires with three victims.
Justin's school records show that he entered kindergarten in '93.
Capshaw's super told Briscoe and Green that's when he moved into his apartment.
If only we knew where he lived before that.
We do.
He bought the cabin in '86 before he shipped out.
Does it really make a difference what Justin's real name is? It wouldn't if he'd tell us.
The kid's hiding something, and I want to know what.
Do you know how many little towns there are in the Catskills? No, but I'd bet there aren't that many horseback riding schools.
Look, lady, this is not the IRS.
I don't keep records.
But you've been here ten years? Seventeen.
Is there any chance you remember a student of yours named Jennie who died in a fire? I've never been very good with names.
But something like that, I think I would remember.
Why? We have a boy down in the city who says he had a sister named Jennie who took riding lessons.
But I'm sure he's lying anyway.
Thanks.
His name wouldn't be Justin, would it? Why? About ten years back there was a Justin Lafferty.
He went missing.
He had a sister, Jennie.
She rode here.
Is his family still around? What's left of it, yeah.
Jake, he, uh, had one too many, and then he had a head-on with a beer truck going south on the Thruway.
That was maybe a year after this thing with Justin.
Look, if you're planning on talking to Meg, I'd take it slow.
I don't know that she's gotten over this, yet.
So what does a New York City district attorney want with me? I just have a few questions, Mrs.
Lafferty.
This is about that Lloyd Garrison, isn't it? You know, I always thought he Stop it, Mom.
Just because he has long hair.
He's always going down to the city for no reason I can think of.
His hair doesn't bother me, it's the tattoo.
And she expects me to believe she was at Woodstock.
This doesn't have anything to do with Lloyd Garrison.
Oh! It's Justin.
Ten years.
We thought he was I can't imagine what you've been through, Mrs.
Lafferty.
Is he Physically, he's fine.
How could he be fine? Some pervert kept him locked up for ten years! There's no evidence he was abused.
Then why? What did he want Justin for? (DOOR OPENS) Oh, my God.
Justin.
Who is this? It's us, Justin.
Jennie and Mom.
Where's my dad? Dad died, Justin.
What What is she talking about? Your real father.
Herman Capshaw is my real father.
I I don't know these people! Justin I don't know why you brought me here! Can I go now? I want the bastard who did that to my son dead! ARTHUR: Ten years! I used to sweat when Bobby went off to summer camp for six weeks.
I don't know what's worse, thinking your kid is dead, or finding him alive but not recognizing you.
Take it from a parent, you prefer them alive, no matter what.
Capshaw's attorney called again.
He wants to deal on the kidnapping.
What are you gonna do? Let him sweat for a while.
How am I going to prosecute this kid, Arthur? You're going to remember the people lying dead on the street, that's how.
(SIGHS) (KNOCKING AT DOOR) Thank you.
Notice of Parkman's intent to assert an affirmative defense.
Not guilty by reason of mental defect.
There's a shock.
JUSTIN: Why would you think I'm crazy? I didn't say I did.
Well, you're a shrink, aren't you? Your attorney thinks you may not be responsible for killing those people.
Because I'm nuts? Tell me about Herman Capshaw.
He's the best.
Tell me how.
Okay.
There was this one time back in third grade, these kids were picking on me.
He took care of it.
He hit them? Come on.
We were in third grade.
He went right to their parents and told 'em to make their kids cut it out.
And they did? You better believe it.
Dad was always there like that for me.
He's not your dad, Justin.
Why not? He took care of me, he fed me, he bought whatever I needed.
Justin, he took you away from your real parents.
They're dead.
Dad loves me, and I love him.
Justin What do you do when you're not in school? What do you mean? Oh, I don't know.
Do you play ball with your friends? With my dad.
Do you go on dates? Dad says school's more important.
What about friends? Dad's all the friends I need.
He does for me, and I do for him.
Did he ask you to kill those people? How many times do I have to say it? Mr.
Rodriguez was going to fire him.
So you killed him? That's right.
What about the other people? I tried to throw the police off track.
I feel bad about what I did, but I had to do it.
Why? He's my dad, and he needed my help.
OLIVET: Since Capshaw was discharged from the Marines, he's isolated himself.
He's become what we call an anomic personality.
A man alone in a big city.
Only we're dealing with the boy here.
Capshaw kept Justin just as isolated.
He sheltered him from everything.
And that's bad? When it extinguishes all other human contact, it is.
Did he abuse Justin? Emotionally, yes.
He induced trauma by telling him his real family was dead.
The trauma, combined with the isolation created a relationship of total dependency.
Herman Capshaw eases Justin's pain and Justin whacks four innocent people.
To ease Capshaw's pain.
It's a form of Battered Child Syndrome.
Are you recommending we stick him in a hospital? I would if he didn't kill anybody.
But when he pulled the trigger, he knew what he was doing was wrong, and he chose to do it anyway.
I've raised Justin like he was my own son since he was five years old.
But he's not your son? No.
Let's put our cards on the table, Mr.
Capshaw.
You were indicted by the District Attorney's Office for kidnapping Justin, isn't that correct? CAPSHAW: Yes.
But it's not like that.
I was a good father to him.
Did you agree to plead guilty to kidnapping and as a part of that plea agreement did you agree to testify here today? Yes.
Did you know a Mr.
Charles Rodriguez? Yes.
He was my boss.
And he was about to fire you? Is that correct? Yes.
Did you discuss this with Justin? Yes, but he would never Yes or no, sir? Yes.
Did you ever mention to Justin that you liked the Beatles? Sure.
What did he do? He bought me the boxed set.
You never asked him for it? I never asked him for anything.
That's nice.
What did you do when Justin got a C in Chemistry? I told him he'd never get into a good college with C's.
What did he do? He studied his butt off and got an A.
And that made you happy? Sure.
He'd do anything to make you happy, isn't that correct? What's going on here? I was a good father.
Justin does well in school.
He's not on drugs or in a gang.
He's a good kid because of me.
And he owed you big time for that.
Justin doesn't owe me anything.
I love him.
You'd do anything for him? That's right.
And he'd do anything for you? Yes.
PARKMAN: Nothing further.
OLIVET: Justin may have been abused.
But abuse in and of itself doesn't negate intent as defined in the penal code.
The abuse in Justin's case may have affected his personality, but it certainly didn't cause any mental defect that would have prevented him from knowing right from wrong.
JACK: Abused? Did Mr.
Capshaw hit the defendant? No.
But emotional abuse can be sufficient to cause Battered Child Syndrome.
Battered Child Syndrome? Is that the equivalent of Battered Wife Syndrome, Doctor? Yes.
Isn't it true that Battered Wife Syndrome is often a valid defense to a charge of murder? Of course.
But in those cases, the wife kills the person who's doing the battering.
Justin killed people with whom he had no personal contact.
Would you say that Justin was dependent on Herman Capshaw? He felt he was.
More so than in the normal father-son relationship? Because of their total isolation from the rest of society, I'd have to say yes.
So if something, or someone, threatened the well-being of Mr.
Capshaw, how would that affect Justin? It would feel like a direct threat to him as well.
And he'd feel compelled to protect himself? I couldn't say.
If I pointed a gun at you, Dr.
Olivet, wouldn't you try to shoot me before I shot you? I suppose.
Of course you would.
If you tell anyone that his family is dead, that he'll never see them again, it certainly causes trauma.
And if that someone Is a five-year-old child, Dr.
Diamond, how would he be affected? It would be devastating.
He would attach himself emotionally to the next caring person he came into contact with.
And that's why Justin became totally dependent on Mr.
Capshaw? The boy had no choice but to land in a symbiotic relationship with Mr.
Capshaw.
You said he had no choice, Doctor? That is correct.
He would do whatever it takes to protect that relationship.
Even kill? Yes.
You're saying the defendant had no choice in the shooting of Mr.
Rodriguez? Is that correct? Yes.
What about the other people? I don't know what you mean? He killed three other innocent people.
People who were no threat to him or to Mr.
Capshaw.
How do you explain that? In his mind, it was necessary to protect Please! He chose to try to get away with his crime.
Isn't that so? SERENA: Hey, are you okay? (SIGHS) Some days I really don't enjoy my job.
I mean My old man was the worst son of a bitch you could possibly meet, but if some nut had grabbed me up, I can't say what kind of person I would have become.
What's this? Crime scene photos.
Hayley Sanders, Amy Lane, Larry Spelling, Charlie Rodriguez.
(DISTANT ARGUING) JENNIE: I need to see him.
GUARD: You can't, miss.
JENNIE: I need to talk to him.
Miss, please, I can't let you in.
I just need to talk to him.
It's okay, Fred.
How can you do this to us? Your brother killed four people.
He was a good kid, a happy kid.
He wouldn't have done this if that lunatic hadn't taken him from us.
This whole thing, it turned my father into a drunk.
It wasn't an accident, Mr.
McCoy.
He killed himself.
My mother has been walking around half-dead for ten years! Hasn't my family suffered enough? That's not my call, Jennie.
You bastard! That freak took him from us! Now you're doing it all over again.
You can't get me to say anything bad about Dad.
I wouldn't think of it.
The man gave you everything.
That's right.
You are what you are today because of him.
He didn't make me shoot those people, if that's what you're getting at.
But he did teach you to shoot.
He was rated an expert marksman in the Marines.
We went hunting together.
What did Mr.
Capshaw tell you about Charlie Rodriguez? He said he was a jerk.
He was always picking on Dad, but Dad couldn't do anything because Charlie was the boss.
Was Dad worried about losing his job? He said they went over-budget on a site.
Somebody had to go.
He knew Charlie would pick him.
PARKMAN: And then what would happen? JUSTIN: We'd end up without money or food or a place to live.
And that's why you shot Charlie Rodriguez? Dad worked hard his whole life.
This jerk was going to ruin him.
And you couldn't let that happen? I love him.
He loves me.
PARKMAN: Thank you.
Tell me about Amy Lane.
Who? She's the first person you killed.
I I didn't know her.
Nice lady.
She had a daughter.
Just eight-months-old.
How about Larry Spelling? We get Counsel's point, Your Honor.
The defense is willing to stipulate the defendant shot three people at random.
Move on, Mr.
McCoy.
What's the worst thing that could've happened if Charlie Rodriguez had fired Mr.
Capshaw? We could end up homeless.
The government could come and take me away.
And that scared you? Yes! So you didn't shoot Charlie Rodriguez to help Mr.
Capshaw, you did it for yourself.
Huh? Your attorney has been arguing that you shot these people out of some compulsion to protect Mr.
Capshaw.
But the truth is, you were only thinking about yourself, isn't that so? No! Dad would come and get me.
We're family.
Not like them.
He loves me.
He would come and get me.
JUDGE: Have you reached a verdict? We have.
How do you find? We find the defendant, Justin Lafferty, not guilty by reason of mental defect.
The jury basically blamed Capshaw for the murders.
He did put the proverbial loaded rifle in Justin's hand.
And cocked the hammer.
You don't actually think the jury did the right thing? Why not? The kid's as much a victim as Please don't say the four dead people.
ARTHUR: Thank you.
On my watch, someone points a rifle at a crowd and pulls the trigger, at a minimum, gets to spend the rest of his life in gray pajamas not being coddled by a phalanx of white coats trying to fix the poor, misguided soul.
I never thought of a state mental institution as a place to be coddled.
It ain't Attica.
There's always a chance Justin can be rehabilitated, Arthur.
Four dead? I don't think he's earned that chance.
And I also think my Senior Prosecutor should agree with that.
I do.
But? I'm a father.