Law & Order Special Victims Unit s07e12 Episode Script
Infected
In the criminal justice system, sexually-based offenses are considered especially heinous.
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as The Special Victims Unit.
These are their stories.
- Don't be crazy.
- Oh, you make me crazy.
Oh, no.
We had a good time.
Let's just leave it at that.
/ I can't.
Oh, you know, you need to get dressed now and go.
- Let's talk about it in bed.
- Come on, I mean it.
I told you this was going to be the last time.
- Enough! It's over! - Let's go to bed! - Let go of me! - Come on! You're hurting me! Get off right now! - I'm done with this! - It's not up to you! - Yeah, then I'm calling the cops! - Who the hell do you think you are, bitch? I'm the bitch who's gonna tell everyone what you did.
- How do you like that? - You think you can threaten me? Oh, my god, don't, please.
Come on, don't do this.
This isn't right.
Come on, please.
You're nothing without me, you whore! Please, don't.
Downstairs neighbor heard a knockdown, drag-out last night.
Came up this morning to complain, door was unlocked.
This is what he found.
Victim's name is Monica Phelps.
Looks like she's been raped and shot.
ME's in route.
Go ahead.
Just say hello.
Let them do the talking.
Hello.
Hi.
Hold on.
Washington middle school says Nathan Phelps is absent, and do we know he's not in school? You think he's been kidnapped? - Did you search the apartment? - First thing.
How about the closet? No, didn't wanna move the body.
Bullet went all the way through.
Nathan, are you in there? Nathan! - Hey, Nathan, are you hurt? - No.
I'm Olivia.
This is Elliot.
We're police officers.
My mom she's dead, isn't she? Yes, Nathan.
I'm sorry.
Come on.
Don't look.
Don't look.
Don't look.
I don't leave her yet.
I don't leave her by herself.
Okay, we'll wait for them to bring her down.
And I'm not staying in some foster care.
I'm staying here.
Nathan, let's talk about that later.
Right now, the doctor's gonna check you out and make sure that you're okay.
I couldn't see the guy.
I couldn't see what he really looked like.
Nathan, you can't worry about that now.
They were yelling, and my mom said she was gonna call the cops.
What were they fighting about? She was trying to make him leave.
He started hitting her.
Did your mom know that you were hiding in the closet? I go there when she's got company.
- Did she have company a lot? - Yeah.
Where's your dad? Dead.
He stabbed when I was six.
Nathan do you have any family that we can contact? If they're close by, we could arrange for you to stay with them.
Can you find aunt Gina? Is that your mom's sister? No, I call her aunt Gina because she was my mom's best friend.
She lived with us, but then she left.
So what's Gina's last name? Arroyo.
When did she leave? Three months ago, maybe.
But we thought she got locked up.
Do you know what for? Crystal meth.
That stuff is so bad.
Makes people crazy.
Was your mom using it too? She kicked it before, and promised she was gonna stop for good.
Nathan there was nothing you could do.
I used to get it for her when she was too sick to get it herself.
So you know where your mom's dealer lives? Yeah.
DJ.
I hate that guy! We need to talk to you, DJ! Look, man, I ain't carrying, all right! And you can search me.
Look what I found.
That's worth a few grand.
You can't pin that on me.
Yeah, but I might be able to pin a murder on you, DJ.
/ A what? The rape and murder of Monica Phelps.
No, no, no, no.
I did not murder her! So what should I use, lemony goodness or mountain stream? Tell us where Gina Arroyo is.
Look, man, I don't know any Gina! And I'd be an idiot to kill Monica.
My best customer.
So what's a hooker doing with enough ice to open up her own dealership? Guess she had a heavy habit.
Or maybe she was trying to get in on your game.
That chick was working at a hot dog stand.
She wouldn't be frying franks if she was dealing.
- Now, wasn't I helpful? - Very.
WEST'S PAPAYA 564 WEST 54TH STREET TUESDAY, NOVEMBER 15 I'm sorry Monica's dead, but I gotta tell you, - I was gonna fire her anyway.
- Why? She started missing shifts, or she'd come in so hopped up that I had to send her home.
Thanks.
This is a very demanding job.
You gotta be sharp.
Well, has Monica had any trouble lately? Maybe with a boyfriend? Doubt it.
All she cared about was her next fix.
- Uh, did she have a locker? - Yeah.
Hey.
Could you take her stuff? We need the space.
Sweater, gum, lip gloss.
Not taking up that much space.
Something down there.
We gotta get in the hot dog business.
- How much? - 15 grand.
- Stolen? - Not from work.
Boss says he'd know if his register was short 15 cents.
Well, why work at that hot dog joint if she had access to all that cash? That wasn't living money.
That was partying money.
And a hell of a lot of tricks to turn while Nathan hid in the closet.
Well, it had to come from somewhere else then.
- Where's the son? - He's in the crib.
He wants to stay here tonight.
I don't think spending one night here could do any damage.
If he feels safe, then it might even help.
Hey, there.
Sorry about the PJs.
We'll go pick up your stuff at the apartment tomorrow, okay? There's nothing there I want.
You're gonna send me to a home tomorrow, aren't you? I know it.
Nathan, I won't send you anywhere until you're ready to go.
Did you find aunt Gina? We're still looking.
But I couldn't find any records about her being arrested.
But we did find a lot of cash in your mom's locker at work.
You have any idea how it got there? From the good people.
They give you money if you're poor.
- Is that a church? - No, they just help you.
They gave my mom money to go to school.
She never went.
Do you know where we could find them? They have a office somewhere.
I just can't remember.
It's okay, Nathan.
It's okay.
You know what? It's late.
Think you could sleep? Sure.
You know, I could stay if you want to.
I know sometimes it's hard to sleep in a strange place.
No, you can go.
Okay.
Good night.
Detective Benson Yeah? One time, the good people gave my mom money to get out of jail.
I didn't wanna tell you because I just didn't.
That's gonna be very helpful, Nathan.
Thank you.
Good night.
Detective Benson Yes, David? You can stay if you want.
I mean, for a little while.
How about if I just stay till you fall asleep? Yeah, that's good.
Okay.
MY SALVATION CHARITIES 363 WEST The court record says you bailed out Monica Phelps.
Yes, I did bail Monica out.
She'd been doing so well, but methamphetamine's a tough habit to kick.
What exactly is your relationship to her? She was a client.
And I considered her a friend.
- A client of what? - My salvation charities.
We assist women in need.
Single moms, recent parolees.
Women simply down on their luck.
Dolores Anderson and my husband Ted Carthage, who runs the foundation.
These are police.
Monica Phelps has been killed.
- Oh, no.
- Oh, my god.
- What about her son? - He's safe.
But he said that you gave his mother money.
I believe we paid for her drug rehab and got her an education grant.
Well, she had $15,000 in a brown paper bag when she died.
Did you give her cash? Well, that wasn't from us.
We'll occasionally provide start-up funds, but, uh, we've never given that much to one person.
Well, we're looking for associates that may have known about the money.
Do you know Gina Arroyo? I don't recognize the name.
Are any of your clients friends with Monica? Candace Tanner may be able to help.
She and Monica were in rehab together.
Yeah.
I can't remember when I saw Monica last.
Sorry.
- Can you guess? - Uh, not really.
Well, Ted Carthage from my salvation said you said you could help us out there, Candace.
- Oh, did he? - Yeah.
Uh, okay, so so maybe a month ago? Monica have any boyfriends? Hey, why are you in such a hurry there, huh? You got somewhere to go, like to your drug dealer? - Get off of me.
- Your friend was murdered.
You gonna do something about it, or let the same thing happen to you? I don't know, okay? God! She wasn't even my friend! - Lying.
- Question is, for who? Benson.
Finally some good news.
Great, we'll be there.
Ballistics matched the slugs from Monica to one of the Jane Doe's in the morgue.
Aunt Gina.
/ Body was found three months ago dumped in Riverside park.
Two shots, point blank, to the chest.
Never found an ID, no missing persons report.
And now Nathan has someone else to mourn.
Yeah, that's aunt gina.
I'm very sorry, Nathan.
Nathan, we think the same man who killed your mom killed Gina too.
Can you think of anybody that both Gina and your mom would have known? / No.
Where am I gonna go now? Well, uh, do you wanna go back to the station? Well, then, that's where we're gonna go.
Her personal effects.
Clothing, jewelry, plastic bag.
And a voucher for what was in the plastic bag.
- And what's that? - $7,000 cash.
Where the hell's all this money coming from? Check out the rubber bracelet.
Psalm 38:22.
Beats me.
"Make haste to help me, O lord, my salvation.
" "My salvation"? Thought they didn't know Gina.
Look how many people we serve.
It's impossible to keep track of everyone.
- You don't keep records? - We do.
- Break them out.
- Why? Because two people you helped are dead.
And they both had a lot of cash on them.
Money train starts here.
I told you, we don't give out large sums.
So maybe they stole them.
Show us your financial records.
So that's what this is about.
What? / Our records are private.
You have no legal right to them.
And I am disgusted by this witch hunt.
What are you talking about? Ted has dedicated his life to helping people others would consider trash.
Addicts, whores, and degenerates.
And he gets nothing in return! Tell that to whomever sent you.
So she's got nothing to hide.
No, not at all.
Let's subpoena her anyway.
Don't need to.
I checked the dockets.
Ted Carthage is being investigated by the state attorney general.
I subpoenaed his office for the records instead.
- It's a lot less trouble.
- Investigated for what? - Embezzlement and fraud.
- From the charity? No, Carthage funds every dollar of the charity himself.
His business interests are being investigated.
Real estate investments, construction companies, finance firms.
Must be worth millions.
Actually, it may be worth nothing.
His partners believe he's been shifting money between the charity and the businesses.
Trying to hide the fact the money's going out.
But nothing's coming in.
Well, we got a couple of dead women who came into a lot of money.
He wrote checks to a lot of live ones too.
MARLA'S BEAUTY SALON 169 WEST I don't get it, Vivien.
Why Ted Carthage give you $14,000 in 11 months? - It was a loan.
- He wrote you eight checks.
- They were all loans.
- For what? - Personal expenses.
- Yeah, I can see that.
- Nice crank bugs on your face.
- You're a pig.
You ever pay those loans back? Don't forget, we can check your financial records.
I mean it was a present.
Excuse me.
Katie, we know you cashed a check for $2,000.
- We have your signature.
- No, I didn't.
Look, you're not in trouble.
We're investigating Ted Carthage.
It's really gross.
Does it have to do with drugs? Katie are you using crystal meth? It's, it's not like I'm shooting it.
You're gonna kill yourself.
I know.
I know.
I'll stop, okay? Did Carthage give you the money to buy the drugs? He gave it to me because I did him.
- Had sex with him? - It was only supposed to be oral.
But he got all pushy.
I just looked away and pretended I was somewhere else.
Katie what you're describing is rape.
No, he paid me.
The law says that doesn't matter.
You're under the age of consent.
Candace said he wouldn't want to go all the way.
- Liar.
- Candace Tanner? What does she have to do with this? She hooks us up, gets the motel rooms and stuff.
Ted pays, like, thousands of dollars.
But the bitch took most of mine.
I only made 500 bucks.
Oh, Candy, you messed up, real bad.
Promoting prostitution's already hitting the big time.
But promoting sex with a minor? All you can prove is Ted Carthage paid girls to have sex with him.
You have nothing on my client other than the words of junkies.
You're pretty smart.
Taking a cut from every girl's payday in cash, so there's no money trail from Carthage to you.
See, we have a witness who'd like nothing better than to screw you for the 1,500 bucks you owe her.
Witness? Or willing participant? How much money did you make selling those other girls? - You get sick of selling yourself, Candy? - Shut up.
And how do you think Ted Carthage is gonna react when we arrest him? You think he's gonna go down without a fight? Or you think he's gonna shove all the blame on you? So you got all this evidence.
What do you need me for? Well, your attorney's not altogether wrong.
The testimony of crank addicts against the word of Mr.
Philanthropist? That's only gonna take us so far.
You're gonna take us the rest of the way.
Hey, it's Candace.
Good to hear from you.
How'd it go with the police? No problem.
I got an appointment for you.
Repeat customer.
You'll like it.
Great.
What a nice surprise.
- What's your name again? - Katie.
Of course.
You know that's my favorite name.
Yeah.
You said that before.
So what do you wanna do? Well, I, uh, I like what you're wearing.
/ Thanks.
Would you like something to drink? / No.
Do you have, like, a fantasy? or whatever that you wanna try out? You are just wonderful.
I'm so pleased, Katie.
This is quite a change from our last encounter.
Why don't you, uh, just take your clothes off and we'll have ourselves a good time.
- Can I have a good time too? - Me too.
I bet we can all have a lot of fun.
Come on, Katie.
You did great.
Teddy, you're under arrest.
You have the right to remain silent.
You give up that right, anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you can't afford one, one will be appointed for you.
I'm confused, detectives.
You claim my client was attempting to have sex with a minor.
And you know this because you can read his mind? No, we know this because he paid the minor $2,000 to have sex.
That's not true.
He paid Janie Myer $4,000.
Alisha Jackson got $6,500.
Lori Reeves, payment totaling $123,000.
Lori must have some special talents, huh? You're intentionally spinning this.
He's a philanthropist giving indigent people money.
Do you know how much you've spent on them, Ted? Have you done the math, hmm? $2 million.
Huh? $2 million worth of sex? Hundreds of women? I never paid anyone for sex.
Did you use protection every time, Mr.
Carthage? Because many of those women are IV drug users.
Have you been tested for hep c, HIV? Has your wife? Because we could ask her.
- I'm sorry, you're right.
- That's enough, Ted.
No, no, I need to say this.
I've been unfaithful.
Many times.
But I never paid anyone for sex.
They were my girlfriends.
Wow.
You're a busy guy, huh? So all of the financial transactions that happened after the sex were completely unrelated.
I wanted to help them.
I loved them! Obviously these are women who saw a weak man and used his innate generosity against him.
You know, I bet that's true.
So you're a victim, Teddy, huh? Maybe I'm a sex addict.
Yeah, but that's not your only problem.
Were they your girlfriends too? Because they're both in your financial records.
Gina made six grand off you.
Monica nearly 30.
- We're done.
- You were used? You used these women's drug addictions to turn them into prostitutes! Monica Phelps threatened to expose you, so you killed her.
Gina do the same thing? She was gonna destroy everything you'd created? This B.
S.
humanitarian facade of yours? No, not another word, Ted.
You don't have proof he murdered anyone.
How about a witness? Number one.
You're nothing without me, you whore.
Number two.
You're nothing without me, you whore.
Three.
You're nothing without me, you whore.
Four.
You're nothing without me, you whore.
Number five.
You're nothing without me, you whore.
Nathan, do any of those voices sound like the man from your apartment? I'd pick number two or five.
- And we have our answer.
- Shut up.
You can only choose one.
So would you like to hear them again? I, I can get it.
Number five, am I right? I need to get my client arraigned so he's home by dinner.
Number two? I can do it again.
There is.
It's okay.
You did very well.
Can I do it over? No, honey, we're gonna get the guy some other way.
But you know what? There's an Italian restaurant across the street.
Come on.
I'll buy you lunch.
I heard that lawyer.
He's gonna get out by dinner.
Not if I can help it.
Nathan, I am gonna do everything I can to put the man that killed your mother in jail.
Come on.
Eat something.
I know that guy.
That's one of the good people.
- Number two! - Nathan, no! Nathan, no! Nathan! Nathan! Nathan, get out of the street! Stop! Nathan! Stop! He killed my mom! He killed my mom! Nathan! Nathan! Nathan! It's okay.
He recognized Carthage.
- Because he's seen him before.
- Yeah, killing his mother.
He never saw his mother's killer, you know that, Liv.
Seeing him triggered his memory.
Or he figured it out when he saw Carthage in handcuffs with the same attorney from the line-up.
Look, it doesn't matter.
Nathan picked the wrong voice, so any ID he makes now is tainted.
Can't we let a jury decide that? No judge would ever let this go before a jury.
We can try and keep Carthage off the street for statutory rape until we can make the murder case.
Might not have to.
Shots fired at my salvation charities.
Where's Nathan? He's in the crib.
Black male youth entered the premises approximately 50 minutes ago.
Demanded to see the guy in charge.
The victim approached the subject, who immediately shot him twice in the chest.
Who else is inside? Just the shooter and the victim.
Kid let everybody else go.
Please help my husband.
He needs an ambulance! Victim still alive? We've been calling for him.
No answer.
- Any contact from the shooter? - Not a word.
We're prepared to go in.
Let me go.
Only if you're armed and protected.
Nathan? It's detective Benson.
I'm coming in.
Nathan? Tell me where you are.
Nathan I need you to put that gun down on the floor now.
I didn't know what else to do.
He was alive, and my mom was dead! Nathan, I know.
I understand that.
But now I need you to listen.
Okay? You have to give me that gun.
Nathan, I don't want anything bad to happen to you.
He shot her! I messed up, and I had to fix it! She tried to give me to a social worker.
Your mother? I don't even care anymore.
I do.
Your mom was really sick.
I would be lucky to have a son like you.
Anybody would.
Where did you get the gun? A kid down the hall in my building.
It was his dad's.
How did you find Mr.
Carthage's office? I think you can see that we're trying to cooperate here.
And I would hope that in return that the people would take into consideration the extenuating circumstances.
- We can't, Sophie.
- Yes, you can.
You're choosing not to.
Your detectives found the gun in Ted Carthage's desk.
Ted Carthage murdered his mother.
My client really should be tried as a juvenile.
The DA will only allow him to be tried as an adult.
- And I don't have a choice.
- Nathan I told you that we'd get him.
- Why didn't you listen to me? - I'm sorry.
Casey, can't you show a little mercy here? Considering everything he's been through.
Man two, he serves in a juvenile facility.
I'm not enjoying this, but mercy isn't enough.
I'll plead this out if you give me a reason to.
TRIAL PART 29 MONDAY, DECEMBER 12 Some of you might think that Nathan Phelps acted out of simple vengeance.
Ted Carthage murdered his mother, so he murdered Ted Carthage.
That is what the assistant district attorney will argue.
She will tell you that anyone who kills out of retaliation should go to jail.
I agree with her.
But that is not what my client did.
Did he hate Ted Carthage? Absolutely.
Did he kill him? Yes.
So if not out of retaliation, what made Nathan do it? This is a new study published in science magazine.
It found that people who have witnessed gun violence are twice as likely, sometimes three times as likely, to commit an act of violence themselves.
Nathan witnessed Ted Carthage shoot his mother.
And just as the study predicts, he reacted with violence.
This study equates gun violence with an infectious disease.
Anyone exposed to it is infected.
Now, you may not agree or like this study.
Gun manufacturers don't like it either.
It goes against their mantra.
"Guns don't kill people.
People kill people.
" But this study points to something that is almost unspeakable in today's gun culture.
And that is, that the blame for violence can be directly placed on the gun.
Once you see someone squeeze the trigger, it's easier to do it yourself.
Nathan saw his mother shot to death in front of him, and at that moment he contracted the disease.
It wasn't his choice, any more that it is your choice to catch a cold after someone has sneezed on you.
Violence is the disease.
Guns are the virus.
And we have an epidemic on our hands.
Ms.
Novak, your first witness.
The people call detective Olivia Benson.
At any point did Nathan Phelps admit he shot and killed Ted Carthage? At the crime scene and during the questioning.
Did he say why? Nathan said that it was his fault that Mr.
Carthage hadn't been charged with his mother's murder.
He said that he had to do something.
Did Nathan blame his actions on seeing his mother get shot? Objection.
Leading the witness.
- Sustained.
- No further questions.
Detective.
You found Nathan in that closet.
/ Yes.
What was his emotional state? He was traumatized.
In the course of your investigation, did you find any evidence of violent behavior in Nathan's past? / No.
Any emotional instability? / No.
You had lots of opportunity to observe Nathan's behavior.
You let him sleep in the precinct.
You took him out to eat.
You got close.
- Your honor, is there a question? - Yes, there is.
In your opinion, detective, would Nathan ever have done anything to harm anyone had he not witnessed his mother's shooting? - Objection.
Leading.
- Sustained.
No.
I don't think that he would've.
Objection, your honor.
Move to strike.
/ Sustained.
The jury will disregard the witness' statement.
No further questions.
Detective Benson does witnessing a murder justify committing a murder? It doesn't justify it.
But it might explain it.
Casey You here to ambush me again? I'm here to apologize.
You gave the jury a reason to acquit.
I was trying to tell the truth.
I'm sorry.
What are you gonna do? Draft a plea bargain.
I damaged your case that much? You changed my mind.
And I'll bet you convinced a juror or two.
TRIAL PART 29 TUESDAY, DECEMBER 13 Your honor, the parties have reached a plea bargain in this case.
The defendant will plead guilty to one count of manslaughter in the second degree.
I beg your pardon, your honor.
Mike Geddes, representing the Carthage family.
I'd like to be heard in this matter.
The Carthage family has no standing on this case.
Well, I've got a court order from judge Joseph Malloy stating otherwise.
Well, counselors, I am afraid we are unable to continue.
I've just been handed a restraining order enjoining me from accepting the defendant's plea bargain and summoning us all to appear in civil court.
See you in the morning.
Ted Carthage's wife can stop your plea bargain? No, but she can mess up our lives for a couple of weeks.
/ How? Well, Donnelly can't take Nathan's plea until a civil court judge decides whether Mrs.
Carthage can block it.
- The lawyer's slick.
- Ah, you'll beat him.
Well, Geddes cannot keep us from filing forever.
Don't get cocky yet.
You haven't heard who's paying his salary.
- Terri Carthage? - Try the national gun association.
Why would the NGA get involved in a murder trial? Devere said it in her opening statement.
The gun manufacturers, they're afraid of the violence study because they might be held accountable for children committing murders.
Once the DA's office bases a plea on this study, it legitimizes the research.
People believe that gun violence breeds more violence.
Good-bye second amendment.
We got bigger problems than the right to bear arms if the NGA successfully stops this plea.
What's bigger than challenging the constitution? You enjoy having a fully functioning judicial system? Do you find it useful to put criminals in jail? Because if this happens, - you can kiss it all good-bye.
- Come on.
If the NGA can stop a plea, then any individual corporation or special interest group with the money and the inclination can do the same.
And if prosecutors lose the ability to make plea bargains, the legal system comes to a grinding halt.
So what do we do? You mean what do you do.
Your office has the most to lose here.
You need to take the lead on this.
Get your arguments ready.
Your honor, the district attorney has the right to enter into plea agreements without input from the victim's family.
Which is why congress is considering amending the constitution to enact the crime victim's bill of rights.
Victims' families should have standing in plea bargains.
Mr.
Geddes isn't concerned with the rights of victims or their families.
He's using this case to further his employer's agenda.
The NGA's interests and the Carthage family's interests are one and the same.
A bogus study is being used to cut a murderer a deal, and many of us Yes, including the NGA, take issue with that.
Well, the NGA takes issue with every study about guns.
These are the same people that got congress to kill a multimillion - dollar firearms research budget.
- We're here to talk about this study, which may be biased, inapplicable, maybe flat-out wrong.
But we don't know, because it hasn't been fully vetted by the courts.
Then let's do that.
I'm ordering an evidentiary hearing.
You have someone that can explain more about this study? Yes, he's an expert on juvenile violence.
Get your codefendants together and let's hear what he's got to say.
CIVIL COURT PORT 8 WEDNESDAY, DECEMBER 14 The authors of the study interviewed over 1,500 children in the Chicago area.
They also interviewed caretakers, and collected data on families.
School performance, economic standing.
Over 150 factors in all.
How many times were the subjects interviewed? Three times over five years.
The goal was to determine which of them had witnessed or been victims of gun violence, and how they differed from those subjects who had not.
What were the findings? Those subjects that had seen gun violence were at least twice as likely to commit a violent act in the future.
It's more predictive than poverty, drug use, or being raised by a single parent.
So what does this mean? We need to look at gun violence in a new way.
It isn't a societal problem or a class problem.
It's a medical problem.
We need to treat it like it's an infectious disease.
Policy makers can stop the spread of this disease by limiting exposure to gun violence and treating those who have been exposed early on.
Thank you, doctor.
Do you believe there's a causal link between witnessing gun violence and becoming violent, as your study claims? Yes.
Even though many people witness gun violence and do not become violent.
You've been exposed to many viruses in your life without getting sick.
I thought the way to prove cause and effect was through a controlled experiment.
But this study was only a statistical analysis, right? A controlled experiment would require deliberately exposing children to gun violence.
Which, of course, is unethical.
So they use the second best method.
Thereby obtaining the second best results.
Perfect.
Nothing further.
You're excused, Dr.
Young.
Your honor I'd like to request that Nathan Phelps be called to testify.
Objection, your honor.
Relevance.
This hearing is to examine a scientific study.
Any testimony from Nathan Phelps is immaterial.
I disagree.
Whether or not we believe the study to be valid, shouldn't we determine at least if the boy fits the criteria the study set forth? What exactly did Nathan see, what are his motives? Only he can answer that.
Your honor, the fifth amendment prohibits this court / Ask for a recess.
From compelling my client to incriminate himself.
/ Recess now.
Your honor, may we have - He's not testifying, period! - Let him.
- And let him incriminate himself? - Exactly.
Are you crazy? What do you think, counselor? A jury's been sworn in on the criminal case.
A witness has testified.
Do you see where this is heading? - You gonna screw us over on this? - Trust me.
Why did you kill Ted Carthage? I don't know.
Didn't he kill your mom? Yeah.
/ So are you lying when you say you don't know? I'm not lying.
- Was your mom a prostitute? - I don't know.
Did you have a nice apartment when she was alive? / It was okay.
Was there a lot of crime in the neighborhood? / I guess.
Did you have a nice life, Nathan? - Yes.
- Doesn't sound like it.
How old were you when your dad was stabbed to death? / Six.
If you could, would you shoot the guy who stabbed your dad, just like you shot Ted Carthage? / No.
No? Why not? He stabbed your father.
- I don't wanna kill anybody! - Sure, you did.
You were angry.
/ No.
Yeah, Ted Carthage killed your mother.
You hated him.
/ Stop it! You didn't kill because you saw the gun.
You wanted to hurt him! You hated him, - and you wanted him to die! - Yes, I hated him, all right? Nothing further.
We have no questions for this witness.
- Are you sure, Ms.
Novak? - I am.
You're excused, son.
Your honor, at this time, the defense would move for a mistrial.
Ms.
Devere, you can't do that.
This is a hearing, not a trial.
My apologies, judge Malloy.
That motion wasn't made to you.
I'm speaking to judge Donnelly.
Nathan Phelps was compelled to incriminate himself in these proceedings.
The testimony is admissible in his criminal trial and violates his right against self-incrimination.
It's grounds for a mistrial.
Motion granted.
The criminal case against Nathan Phelps is dismissed with prejudice.
/ What? In that event, judge Malloy, I move to dismiss this proceeding.
Now that there is no case against Nathan Phelps, there is no reason to investigate this research.
Your honor, this is a set-up, perpetrated by the DA's office.
Mr.
Geddes, I'd agree with you, except you're the one who called Mr.
Phelps to the stand.
This action is dismissed.
Court is adjourned.
Killer got a foster family.
That's nice.
- You're a jerk, Geddes.
- Yeah, and you got a murderer off.
Nathan Phelps would be serving the sentence I had already negotiated, had you not gotten involved.
So why don't we put the blame where it really belongs.
On your bosses.
Casey, you honestly believe that guns cause a disease? My dad had guns.
He taught me how to use them when I was a kid.
But I never saw anyone gunned down in front of me.
Have you? Taking away guns isn't gonna cure the world of violence.
Unless the study's true.
Then everything's different, isn't it?
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as The Special Victims Unit.
These are their stories.
- Don't be crazy.
- Oh, you make me crazy.
Oh, no.
We had a good time.
Let's just leave it at that.
/ I can't.
Oh, you know, you need to get dressed now and go.
- Let's talk about it in bed.
- Come on, I mean it.
I told you this was going to be the last time.
- Enough! It's over! - Let's go to bed! - Let go of me! - Come on! You're hurting me! Get off right now! - I'm done with this! - It's not up to you! - Yeah, then I'm calling the cops! - Who the hell do you think you are, bitch? I'm the bitch who's gonna tell everyone what you did.
- How do you like that? - You think you can threaten me? Oh, my god, don't, please.
Come on, don't do this.
This isn't right.
Come on, please.
You're nothing without me, you whore! Please, don't.
Downstairs neighbor heard a knockdown, drag-out last night.
Came up this morning to complain, door was unlocked.
This is what he found.
Victim's name is Monica Phelps.
Looks like she's been raped and shot.
ME's in route.
Go ahead.
Just say hello.
Let them do the talking.
Hello.
Hi.
Hold on.
Washington middle school says Nathan Phelps is absent, and do we know he's not in school? You think he's been kidnapped? - Did you search the apartment? - First thing.
How about the closet? No, didn't wanna move the body.
Bullet went all the way through.
Nathan, are you in there? Nathan! - Hey, Nathan, are you hurt? - No.
I'm Olivia.
This is Elliot.
We're police officers.
My mom she's dead, isn't she? Yes, Nathan.
I'm sorry.
Come on.
Don't look.
Don't look.
Don't look.
I don't leave her yet.
I don't leave her by herself.
Okay, we'll wait for them to bring her down.
And I'm not staying in some foster care.
I'm staying here.
Nathan, let's talk about that later.
Right now, the doctor's gonna check you out and make sure that you're okay.
I couldn't see the guy.
I couldn't see what he really looked like.
Nathan, you can't worry about that now.
They were yelling, and my mom said she was gonna call the cops.
What were they fighting about? She was trying to make him leave.
He started hitting her.
Did your mom know that you were hiding in the closet? I go there when she's got company.
- Did she have company a lot? - Yeah.
Where's your dad? Dead.
He stabbed when I was six.
Nathan do you have any family that we can contact? If they're close by, we could arrange for you to stay with them.
Can you find aunt Gina? Is that your mom's sister? No, I call her aunt Gina because she was my mom's best friend.
She lived with us, but then she left.
So what's Gina's last name? Arroyo.
When did she leave? Three months ago, maybe.
But we thought she got locked up.
Do you know what for? Crystal meth.
That stuff is so bad.
Makes people crazy.
Was your mom using it too? She kicked it before, and promised she was gonna stop for good.
Nathan there was nothing you could do.
I used to get it for her when she was too sick to get it herself.
So you know where your mom's dealer lives? Yeah.
DJ.
I hate that guy! We need to talk to you, DJ! Look, man, I ain't carrying, all right! And you can search me.
Look what I found.
That's worth a few grand.
You can't pin that on me.
Yeah, but I might be able to pin a murder on you, DJ.
/ A what? The rape and murder of Monica Phelps.
No, no, no, no.
I did not murder her! So what should I use, lemony goodness or mountain stream? Tell us where Gina Arroyo is.
Look, man, I don't know any Gina! And I'd be an idiot to kill Monica.
My best customer.
So what's a hooker doing with enough ice to open up her own dealership? Guess she had a heavy habit.
Or maybe she was trying to get in on your game.
That chick was working at a hot dog stand.
She wouldn't be frying franks if she was dealing.
- Now, wasn't I helpful? - Very.
WEST'S PAPAYA 564 WEST 54TH STREET TUESDAY, NOVEMBER 15 I'm sorry Monica's dead, but I gotta tell you, - I was gonna fire her anyway.
- Why? She started missing shifts, or she'd come in so hopped up that I had to send her home.
Thanks.
This is a very demanding job.
You gotta be sharp.
Well, has Monica had any trouble lately? Maybe with a boyfriend? Doubt it.
All she cared about was her next fix.
- Uh, did she have a locker? - Yeah.
Hey.
Could you take her stuff? We need the space.
Sweater, gum, lip gloss.
Not taking up that much space.
Something down there.
We gotta get in the hot dog business.
- How much? - 15 grand.
- Stolen? - Not from work.
Boss says he'd know if his register was short 15 cents.
Well, why work at that hot dog joint if she had access to all that cash? That wasn't living money.
That was partying money.
And a hell of a lot of tricks to turn while Nathan hid in the closet.
Well, it had to come from somewhere else then.
- Where's the son? - He's in the crib.
He wants to stay here tonight.
I don't think spending one night here could do any damage.
If he feels safe, then it might even help.
Hey, there.
Sorry about the PJs.
We'll go pick up your stuff at the apartment tomorrow, okay? There's nothing there I want.
You're gonna send me to a home tomorrow, aren't you? I know it.
Nathan, I won't send you anywhere until you're ready to go.
Did you find aunt Gina? We're still looking.
But I couldn't find any records about her being arrested.
But we did find a lot of cash in your mom's locker at work.
You have any idea how it got there? From the good people.
They give you money if you're poor.
- Is that a church? - No, they just help you.
They gave my mom money to go to school.
She never went.
Do you know where we could find them? They have a office somewhere.
I just can't remember.
It's okay, Nathan.
It's okay.
You know what? It's late.
Think you could sleep? Sure.
You know, I could stay if you want to.
I know sometimes it's hard to sleep in a strange place.
No, you can go.
Okay.
Good night.
Detective Benson Yeah? One time, the good people gave my mom money to get out of jail.
I didn't wanna tell you because I just didn't.
That's gonna be very helpful, Nathan.
Thank you.
Good night.
Detective Benson Yes, David? You can stay if you want.
I mean, for a little while.
How about if I just stay till you fall asleep? Yeah, that's good.
Okay.
MY SALVATION CHARITIES 363 WEST The court record says you bailed out Monica Phelps.
Yes, I did bail Monica out.
She'd been doing so well, but methamphetamine's a tough habit to kick.
What exactly is your relationship to her? She was a client.
And I considered her a friend.
- A client of what? - My salvation charities.
We assist women in need.
Single moms, recent parolees.
Women simply down on their luck.
Dolores Anderson and my husband Ted Carthage, who runs the foundation.
These are police.
Monica Phelps has been killed.
- Oh, no.
- Oh, my god.
- What about her son? - He's safe.
But he said that you gave his mother money.
I believe we paid for her drug rehab and got her an education grant.
Well, she had $15,000 in a brown paper bag when she died.
Did you give her cash? Well, that wasn't from us.
We'll occasionally provide start-up funds, but, uh, we've never given that much to one person.
Well, we're looking for associates that may have known about the money.
Do you know Gina Arroyo? I don't recognize the name.
Are any of your clients friends with Monica? Candace Tanner may be able to help.
She and Monica were in rehab together.
Yeah.
I can't remember when I saw Monica last.
Sorry.
- Can you guess? - Uh, not really.
Well, Ted Carthage from my salvation said you said you could help us out there, Candace.
- Oh, did he? - Yeah.
Uh, okay, so so maybe a month ago? Monica have any boyfriends? Hey, why are you in such a hurry there, huh? You got somewhere to go, like to your drug dealer? - Get off of me.
- Your friend was murdered.
You gonna do something about it, or let the same thing happen to you? I don't know, okay? God! She wasn't even my friend! - Lying.
- Question is, for who? Benson.
Finally some good news.
Great, we'll be there.
Ballistics matched the slugs from Monica to one of the Jane Doe's in the morgue.
Aunt Gina.
/ Body was found three months ago dumped in Riverside park.
Two shots, point blank, to the chest.
Never found an ID, no missing persons report.
And now Nathan has someone else to mourn.
Yeah, that's aunt gina.
I'm very sorry, Nathan.
Nathan, we think the same man who killed your mom killed Gina too.
Can you think of anybody that both Gina and your mom would have known? / No.
Where am I gonna go now? Well, uh, do you wanna go back to the station? Well, then, that's where we're gonna go.
Her personal effects.
Clothing, jewelry, plastic bag.
And a voucher for what was in the plastic bag.
- And what's that? - $7,000 cash.
Where the hell's all this money coming from? Check out the rubber bracelet.
Psalm 38:22.
Beats me.
"Make haste to help me, O lord, my salvation.
" "My salvation"? Thought they didn't know Gina.
Look how many people we serve.
It's impossible to keep track of everyone.
- You don't keep records? - We do.
- Break them out.
- Why? Because two people you helped are dead.
And they both had a lot of cash on them.
Money train starts here.
I told you, we don't give out large sums.
So maybe they stole them.
Show us your financial records.
So that's what this is about.
What? / Our records are private.
You have no legal right to them.
And I am disgusted by this witch hunt.
What are you talking about? Ted has dedicated his life to helping people others would consider trash.
Addicts, whores, and degenerates.
And he gets nothing in return! Tell that to whomever sent you.
So she's got nothing to hide.
No, not at all.
Let's subpoena her anyway.
Don't need to.
I checked the dockets.
Ted Carthage is being investigated by the state attorney general.
I subpoenaed his office for the records instead.
- It's a lot less trouble.
- Investigated for what? - Embezzlement and fraud.
- From the charity? No, Carthage funds every dollar of the charity himself.
His business interests are being investigated.
Real estate investments, construction companies, finance firms.
Must be worth millions.
Actually, it may be worth nothing.
His partners believe he's been shifting money between the charity and the businesses.
Trying to hide the fact the money's going out.
But nothing's coming in.
Well, we got a couple of dead women who came into a lot of money.
He wrote checks to a lot of live ones too.
MARLA'S BEAUTY SALON 169 WEST I don't get it, Vivien.
Why Ted Carthage give you $14,000 in 11 months? - It was a loan.
- He wrote you eight checks.
- They were all loans.
- For what? - Personal expenses.
- Yeah, I can see that.
- Nice crank bugs on your face.
- You're a pig.
You ever pay those loans back? Don't forget, we can check your financial records.
I mean it was a present.
Excuse me.
Katie, we know you cashed a check for $2,000.
- We have your signature.
- No, I didn't.
Look, you're not in trouble.
We're investigating Ted Carthage.
It's really gross.
Does it have to do with drugs? Katie are you using crystal meth? It's, it's not like I'm shooting it.
You're gonna kill yourself.
I know.
I know.
I'll stop, okay? Did Carthage give you the money to buy the drugs? He gave it to me because I did him.
- Had sex with him? - It was only supposed to be oral.
But he got all pushy.
I just looked away and pretended I was somewhere else.
Katie what you're describing is rape.
No, he paid me.
The law says that doesn't matter.
You're under the age of consent.
Candace said he wouldn't want to go all the way.
- Liar.
- Candace Tanner? What does she have to do with this? She hooks us up, gets the motel rooms and stuff.
Ted pays, like, thousands of dollars.
But the bitch took most of mine.
I only made 500 bucks.
Oh, Candy, you messed up, real bad.
Promoting prostitution's already hitting the big time.
But promoting sex with a minor? All you can prove is Ted Carthage paid girls to have sex with him.
You have nothing on my client other than the words of junkies.
You're pretty smart.
Taking a cut from every girl's payday in cash, so there's no money trail from Carthage to you.
See, we have a witness who'd like nothing better than to screw you for the 1,500 bucks you owe her.
Witness? Or willing participant? How much money did you make selling those other girls? - You get sick of selling yourself, Candy? - Shut up.
And how do you think Ted Carthage is gonna react when we arrest him? You think he's gonna go down without a fight? Or you think he's gonna shove all the blame on you? So you got all this evidence.
What do you need me for? Well, your attorney's not altogether wrong.
The testimony of crank addicts against the word of Mr.
Philanthropist? That's only gonna take us so far.
You're gonna take us the rest of the way.
Hey, it's Candace.
Good to hear from you.
How'd it go with the police? No problem.
I got an appointment for you.
Repeat customer.
You'll like it.
Great.
What a nice surprise.
- What's your name again? - Katie.
Of course.
You know that's my favorite name.
Yeah.
You said that before.
So what do you wanna do? Well, I, uh, I like what you're wearing.
/ Thanks.
Would you like something to drink? / No.
Do you have, like, a fantasy? or whatever that you wanna try out? You are just wonderful.
I'm so pleased, Katie.
This is quite a change from our last encounter.
Why don't you, uh, just take your clothes off and we'll have ourselves a good time.
- Can I have a good time too? - Me too.
I bet we can all have a lot of fun.
Come on, Katie.
You did great.
Teddy, you're under arrest.
You have the right to remain silent.
You give up that right, anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you can't afford one, one will be appointed for you.
I'm confused, detectives.
You claim my client was attempting to have sex with a minor.
And you know this because you can read his mind? No, we know this because he paid the minor $2,000 to have sex.
That's not true.
He paid Janie Myer $4,000.
Alisha Jackson got $6,500.
Lori Reeves, payment totaling $123,000.
Lori must have some special talents, huh? You're intentionally spinning this.
He's a philanthropist giving indigent people money.
Do you know how much you've spent on them, Ted? Have you done the math, hmm? $2 million.
Huh? $2 million worth of sex? Hundreds of women? I never paid anyone for sex.
Did you use protection every time, Mr.
Carthage? Because many of those women are IV drug users.
Have you been tested for hep c, HIV? Has your wife? Because we could ask her.
- I'm sorry, you're right.
- That's enough, Ted.
No, no, I need to say this.
I've been unfaithful.
Many times.
But I never paid anyone for sex.
They were my girlfriends.
Wow.
You're a busy guy, huh? So all of the financial transactions that happened after the sex were completely unrelated.
I wanted to help them.
I loved them! Obviously these are women who saw a weak man and used his innate generosity against him.
You know, I bet that's true.
So you're a victim, Teddy, huh? Maybe I'm a sex addict.
Yeah, but that's not your only problem.
Were they your girlfriends too? Because they're both in your financial records.
Gina made six grand off you.
Monica nearly 30.
- We're done.
- You were used? You used these women's drug addictions to turn them into prostitutes! Monica Phelps threatened to expose you, so you killed her.
Gina do the same thing? She was gonna destroy everything you'd created? This B.
S.
humanitarian facade of yours? No, not another word, Ted.
You don't have proof he murdered anyone.
How about a witness? Number one.
You're nothing without me, you whore.
Number two.
You're nothing without me, you whore.
Three.
You're nothing without me, you whore.
Four.
You're nothing without me, you whore.
Number five.
You're nothing without me, you whore.
Nathan, do any of those voices sound like the man from your apartment? I'd pick number two or five.
- And we have our answer.
- Shut up.
You can only choose one.
So would you like to hear them again? I, I can get it.
Number five, am I right? I need to get my client arraigned so he's home by dinner.
Number two? I can do it again.
There is.
It's okay.
You did very well.
Can I do it over? No, honey, we're gonna get the guy some other way.
But you know what? There's an Italian restaurant across the street.
Come on.
I'll buy you lunch.
I heard that lawyer.
He's gonna get out by dinner.
Not if I can help it.
Nathan, I am gonna do everything I can to put the man that killed your mother in jail.
Come on.
Eat something.
I know that guy.
That's one of the good people.
- Number two! - Nathan, no! Nathan, no! Nathan! Nathan! Nathan, get out of the street! Stop! Nathan! Stop! He killed my mom! He killed my mom! Nathan! Nathan! Nathan! It's okay.
He recognized Carthage.
- Because he's seen him before.
- Yeah, killing his mother.
He never saw his mother's killer, you know that, Liv.
Seeing him triggered his memory.
Or he figured it out when he saw Carthage in handcuffs with the same attorney from the line-up.
Look, it doesn't matter.
Nathan picked the wrong voice, so any ID he makes now is tainted.
Can't we let a jury decide that? No judge would ever let this go before a jury.
We can try and keep Carthage off the street for statutory rape until we can make the murder case.
Might not have to.
Shots fired at my salvation charities.
Where's Nathan? He's in the crib.
Black male youth entered the premises approximately 50 minutes ago.
Demanded to see the guy in charge.
The victim approached the subject, who immediately shot him twice in the chest.
Who else is inside? Just the shooter and the victim.
Kid let everybody else go.
Please help my husband.
He needs an ambulance! Victim still alive? We've been calling for him.
No answer.
- Any contact from the shooter? - Not a word.
We're prepared to go in.
Let me go.
Only if you're armed and protected.
Nathan? It's detective Benson.
I'm coming in.
Nathan? Tell me where you are.
Nathan I need you to put that gun down on the floor now.
I didn't know what else to do.
He was alive, and my mom was dead! Nathan, I know.
I understand that.
But now I need you to listen.
Okay? You have to give me that gun.
Nathan, I don't want anything bad to happen to you.
He shot her! I messed up, and I had to fix it! She tried to give me to a social worker.
Your mother? I don't even care anymore.
I do.
Your mom was really sick.
I would be lucky to have a son like you.
Anybody would.
Where did you get the gun? A kid down the hall in my building.
It was his dad's.
How did you find Mr.
Carthage's office? I think you can see that we're trying to cooperate here.
And I would hope that in return that the people would take into consideration the extenuating circumstances.
- We can't, Sophie.
- Yes, you can.
You're choosing not to.
Your detectives found the gun in Ted Carthage's desk.
Ted Carthage murdered his mother.
My client really should be tried as a juvenile.
The DA will only allow him to be tried as an adult.
- And I don't have a choice.
- Nathan I told you that we'd get him.
- Why didn't you listen to me? - I'm sorry.
Casey, can't you show a little mercy here? Considering everything he's been through.
Man two, he serves in a juvenile facility.
I'm not enjoying this, but mercy isn't enough.
I'll plead this out if you give me a reason to.
TRIAL PART 29 MONDAY, DECEMBER 12 Some of you might think that Nathan Phelps acted out of simple vengeance.
Ted Carthage murdered his mother, so he murdered Ted Carthage.
That is what the assistant district attorney will argue.
She will tell you that anyone who kills out of retaliation should go to jail.
I agree with her.
But that is not what my client did.
Did he hate Ted Carthage? Absolutely.
Did he kill him? Yes.
So if not out of retaliation, what made Nathan do it? This is a new study published in science magazine.
It found that people who have witnessed gun violence are twice as likely, sometimes three times as likely, to commit an act of violence themselves.
Nathan witnessed Ted Carthage shoot his mother.
And just as the study predicts, he reacted with violence.
This study equates gun violence with an infectious disease.
Anyone exposed to it is infected.
Now, you may not agree or like this study.
Gun manufacturers don't like it either.
It goes against their mantra.
"Guns don't kill people.
People kill people.
" But this study points to something that is almost unspeakable in today's gun culture.
And that is, that the blame for violence can be directly placed on the gun.
Once you see someone squeeze the trigger, it's easier to do it yourself.
Nathan saw his mother shot to death in front of him, and at that moment he contracted the disease.
It wasn't his choice, any more that it is your choice to catch a cold after someone has sneezed on you.
Violence is the disease.
Guns are the virus.
And we have an epidemic on our hands.
Ms.
Novak, your first witness.
The people call detective Olivia Benson.
At any point did Nathan Phelps admit he shot and killed Ted Carthage? At the crime scene and during the questioning.
Did he say why? Nathan said that it was his fault that Mr.
Carthage hadn't been charged with his mother's murder.
He said that he had to do something.
Did Nathan blame his actions on seeing his mother get shot? Objection.
Leading the witness.
- Sustained.
- No further questions.
Detective.
You found Nathan in that closet.
/ Yes.
What was his emotional state? He was traumatized.
In the course of your investigation, did you find any evidence of violent behavior in Nathan's past? / No.
Any emotional instability? / No.
You had lots of opportunity to observe Nathan's behavior.
You let him sleep in the precinct.
You took him out to eat.
You got close.
- Your honor, is there a question? - Yes, there is.
In your opinion, detective, would Nathan ever have done anything to harm anyone had he not witnessed his mother's shooting? - Objection.
Leading.
- Sustained.
No.
I don't think that he would've.
Objection, your honor.
Move to strike.
/ Sustained.
The jury will disregard the witness' statement.
No further questions.
Detective Benson does witnessing a murder justify committing a murder? It doesn't justify it.
But it might explain it.
Casey You here to ambush me again? I'm here to apologize.
You gave the jury a reason to acquit.
I was trying to tell the truth.
I'm sorry.
What are you gonna do? Draft a plea bargain.
I damaged your case that much? You changed my mind.
And I'll bet you convinced a juror or two.
TRIAL PART 29 TUESDAY, DECEMBER 13 Your honor, the parties have reached a plea bargain in this case.
The defendant will plead guilty to one count of manslaughter in the second degree.
I beg your pardon, your honor.
Mike Geddes, representing the Carthage family.
I'd like to be heard in this matter.
The Carthage family has no standing on this case.
Well, I've got a court order from judge Joseph Malloy stating otherwise.
Well, counselors, I am afraid we are unable to continue.
I've just been handed a restraining order enjoining me from accepting the defendant's plea bargain and summoning us all to appear in civil court.
See you in the morning.
Ted Carthage's wife can stop your plea bargain? No, but she can mess up our lives for a couple of weeks.
/ How? Well, Donnelly can't take Nathan's plea until a civil court judge decides whether Mrs.
Carthage can block it.
- The lawyer's slick.
- Ah, you'll beat him.
Well, Geddes cannot keep us from filing forever.
Don't get cocky yet.
You haven't heard who's paying his salary.
- Terri Carthage? - Try the national gun association.
Why would the NGA get involved in a murder trial? Devere said it in her opening statement.
The gun manufacturers, they're afraid of the violence study because they might be held accountable for children committing murders.
Once the DA's office bases a plea on this study, it legitimizes the research.
People believe that gun violence breeds more violence.
Good-bye second amendment.
We got bigger problems than the right to bear arms if the NGA successfully stops this plea.
What's bigger than challenging the constitution? You enjoy having a fully functioning judicial system? Do you find it useful to put criminals in jail? Because if this happens, - you can kiss it all good-bye.
- Come on.
If the NGA can stop a plea, then any individual corporation or special interest group with the money and the inclination can do the same.
And if prosecutors lose the ability to make plea bargains, the legal system comes to a grinding halt.
So what do we do? You mean what do you do.
Your office has the most to lose here.
You need to take the lead on this.
Get your arguments ready.
Your honor, the district attorney has the right to enter into plea agreements without input from the victim's family.
Which is why congress is considering amending the constitution to enact the crime victim's bill of rights.
Victims' families should have standing in plea bargains.
Mr.
Geddes isn't concerned with the rights of victims or their families.
He's using this case to further his employer's agenda.
The NGA's interests and the Carthage family's interests are one and the same.
A bogus study is being used to cut a murderer a deal, and many of us Yes, including the NGA, take issue with that.
Well, the NGA takes issue with every study about guns.
These are the same people that got congress to kill a multimillion - dollar firearms research budget.
- We're here to talk about this study, which may be biased, inapplicable, maybe flat-out wrong.
But we don't know, because it hasn't been fully vetted by the courts.
Then let's do that.
I'm ordering an evidentiary hearing.
You have someone that can explain more about this study? Yes, he's an expert on juvenile violence.
Get your codefendants together and let's hear what he's got to say.
CIVIL COURT PORT 8 WEDNESDAY, DECEMBER 14 The authors of the study interviewed over 1,500 children in the Chicago area.
They also interviewed caretakers, and collected data on families.
School performance, economic standing.
Over 150 factors in all.
How many times were the subjects interviewed? Three times over five years.
The goal was to determine which of them had witnessed or been victims of gun violence, and how they differed from those subjects who had not.
What were the findings? Those subjects that had seen gun violence were at least twice as likely to commit a violent act in the future.
It's more predictive than poverty, drug use, or being raised by a single parent.
So what does this mean? We need to look at gun violence in a new way.
It isn't a societal problem or a class problem.
It's a medical problem.
We need to treat it like it's an infectious disease.
Policy makers can stop the spread of this disease by limiting exposure to gun violence and treating those who have been exposed early on.
Thank you, doctor.
Do you believe there's a causal link between witnessing gun violence and becoming violent, as your study claims? Yes.
Even though many people witness gun violence and do not become violent.
You've been exposed to many viruses in your life without getting sick.
I thought the way to prove cause and effect was through a controlled experiment.
But this study was only a statistical analysis, right? A controlled experiment would require deliberately exposing children to gun violence.
Which, of course, is unethical.
So they use the second best method.
Thereby obtaining the second best results.
Perfect.
Nothing further.
You're excused, Dr.
Young.
Your honor I'd like to request that Nathan Phelps be called to testify.
Objection, your honor.
Relevance.
This hearing is to examine a scientific study.
Any testimony from Nathan Phelps is immaterial.
I disagree.
Whether or not we believe the study to be valid, shouldn't we determine at least if the boy fits the criteria the study set forth? What exactly did Nathan see, what are his motives? Only he can answer that.
Your honor, the fifth amendment prohibits this court / Ask for a recess.
From compelling my client to incriminate himself.
/ Recess now.
Your honor, may we have - He's not testifying, period! - Let him.
- And let him incriminate himself? - Exactly.
Are you crazy? What do you think, counselor? A jury's been sworn in on the criminal case.
A witness has testified.
Do you see where this is heading? - You gonna screw us over on this? - Trust me.
Why did you kill Ted Carthage? I don't know.
Didn't he kill your mom? Yeah.
/ So are you lying when you say you don't know? I'm not lying.
- Was your mom a prostitute? - I don't know.
Did you have a nice apartment when she was alive? / It was okay.
Was there a lot of crime in the neighborhood? / I guess.
Did you have a nice life, Nathan? - Yes.
- Doesn't sound like it.
How old were you when your dad was stabbed to death? / Six.
If you could, would you shoot the guy who stabbed your dad, just like you shot Ted Carthage? / No.
No? Why not? He stabbed your father.
- I don't wanna kill anybody! - Sure, you did.
You were angry.
/ No.
Yeah, Ted Carthage killed your mother.
You hated him.
/ Stop it! You didn't kill because you saw the gun.
You wanted to hurt him! You hated him, - and you wanted him to die! - Yes, I hated him, all right? Nothing further.
We have no questions for this witness.
- Are you sure, Ms.
Novak? - I am.
You're excused, son.
Your honor, at this time, the defense would move for a mistrial.
Ms.
Devere, you can't do that.
This is a hearing, not a trial.
My apologies, judge Malloy.
That motion wasn't made to you.
I'm speaking to judge Donnelly.
Nathan Phelps was compelled to incriminate himself in these proceedings.
The testimony is admissible in his criminal trial and violates his right against self-incrimination.
It's grounds for a mistrial.
Motion granted.
The criminal case against Nathan Phelps is dismissed with prejudice.
/ What? In that event, judge Malloy, I move to dismiss this proceeding.
Now that there is no case against Nathan Phelps, there is no reason to investigate this research.
Your honor, this is a set-up, perpetrated by the DA's office.
Mr.
Geddes, I'd agree with you, except you're the one who called Mr.
Phelps to the stand.
This action is dismissed.
Court is adjourned.
Killer got a foster family.
That's nice.
- You're a jerk, Geddes.
- Yeah, and you got a murderer off.
Nathan Phelps would be serving the sentence I had already negotiated, had you not gotten involved.
So why don't we put the blame where it really belongs.
On your bosses.
Casey, you honestly believe that guns cause a disease? My dad had guns.
He taught me how to use them when I was a kid.
But I never saw anyone gunned down in front of me.
Have you? Taking away guns isn't gonna cure the world of violence.
Unless the study's true.
Then everything's different, isn't it?