The Closer s04e03 Episode Script
Cherry Bomb
(GABRIEL CLEARS THROAT) GABRIEL: Michelle Clarke, 16 years old.
She didn't answer when she was called for breakfast this morning, so her father came upstairs to wake her, found his daughter hanging from the ceiling.
Cut her down with scissors.
- And the parents heard? - Nothing during the night, but their bedroom's on the other side of the house.
- Chief Johnson, can I have a word? - Uh.
I'll be right there.
- PROVENZA: (CLEARING THROAT) Chief? - Yes.
Sanchez and Daniels have taken the parents into the kitchen so they don't have to watch their daughter get hauled out of here on a gurney.
And Flynn's calling Michelle's friends, you know, just to try and find out if she was as happy as her father described.
(SIGHS) Okay.
Buzz, memorialize the crime scene.
- Yes, ma'am.
- Thank you.
I wanted to thank you for coming down.
I need a fresh pair of eyes on this.
- On what exactly? - It's, uh It's sensitive.
Commander, I'm happy to help.
I'm just not sure why you need my division to investigate a suicide.
Could you come with me a moment, please? Now, your mother is just outside.
She's welcome to join us any time you like.
- Or your father.
- No.
No, please.
I don't want my dad to know anything about this.
Okay.
It's okay.
We can handle that.
Now, I looked over the interview you gave during your medical exam yesterday, and it says your assailant invited you to his home.
Is that correct? So this is someone you knew, someone you considered a friend.
I liked him.
I did.
It says you talked and watched some TV.
Then what happened? He had these pills, and he wanted me to take one.
- Drugs.
- What kind? Ecstasy.
I had never tried it before.
I swear.
Uh-huh.
I was so scared, but he said he wanted to be my boyfriend.
He said (CRYING) Michelle, is this a person you know from school? Can you tell me his name? What happened to you is not your fault.
I want you to know that.
Now, I spoke to Gail, the nurse who examined you, and she said that during your exam, it was suggested that somehow your attacker might be related to a law enforcement officer.
Is that true? Michelle, if there's a boy out there who would do this terrible thing to you, hiding behind a badge, I need to stop him.
I'll tell you what.
Let's try this.
(SNIFFS) You just say his name one time, and I'll handle the rest.
Can you do that? (SOBBING) Darren.
Darren Yates.
Yates? Isn't there someone real high up in the sheriff's department? Commander Mark Yates.
That's Darren's father.
Buzz, could you leave us alone for a moment, please? - Yes, ma'am.
- Thank you.
And nothing you heard here leaves this room.
- I understand.
- BRENDA: Thank you.
(SIGHS) - I'm gonna ask you a few questions.
- Okay.
We have rape detectives.
Why wouldn't one of them take Michelle's statement instead of you? As soon as I heard that the attacker might have something to do with law enforcement, I thought I'd be in a better position to keep the case from being covered up.
- So you believed her statement? - Yes, yes, I did.
Because it's been a week since the scene review, and you haven't filed any charges against this Darren kid.
Well, they took semen samples off of Michelle.
I had to get something off the board without his knowing about it, and I was waiting for a DNA match.
And the boy's father, he called me yesterday screaming.
- Why? - Someone at the lab tipped off Yates that I'd made a positive DNA match to his boy off Michelle's rape kit.
And if Yates could come at me like he did, that might explain what happened to this girl, which is why I should turn this case over to you, - why I sought out your opinion.
- Okay, you want my opinion? Here it is.
You slow-walked this case in a way you never would've even considered doing if the suspect hadn't been a relative of sheriff's commander.
In addition, you left your victim exposed to her attacker, who is at school with her on a daily basis, while you busied yourself with the political implications of this investigation.
The result is, a physically and emotionally traumatized girl killed herself.
And speaking frankly, Commander, I just don't know how or why you think that I could straighten out this mess for you.
Speaking frankly, Chief, you're the last person on Earth I'd ever ask to cover my ass.
All right.
That's a good point.
So what are you asking for? Let's say everything you said about me is true.
That doesn't change what happened to this girl, and as Daniels could explain to you, that even though there were witnesses, I no longer have a victim, which means I no longer have a case, but I think you might.
The alarm at Michelle's house wasn't set last night, and it looked to me like there were signs of a struggle, and I think if you just go to the morgue, and look - I've seen the body.
- (SHOUTING) Well, look again! I'm sorry.
Please.
I I know I don't deserve it, Brenda, but I'm asking that you just go and examine the body.
Just Just make sure this isn't your case.
- DR.
MORALES: I'm telling you, it's suicide.
- You're 100% sure? Are you suggesting someone broke into her house, drugged her and hung her from the ceiling? - What happened here? - Oh.
Those marks are several days old.
On this wrist, too, from handcuffs or some such thing.
- You know she was raped last week.
- Yes.
Looks like she was restrained during the sexual assault.
She tried pretty hard to get free.
We also have carpet burns on her legs, like she was forced onto her knees, and severe tearing of the vaginal wall, bruising of the buttocks from a forcefully used flat hand, and there was a fissure in her - How much of this do you want to know? - All of it.
Sorry.
Pretty terrible, but all done days before she died.
I'd appreciate it if before you make your final determination that you do a tox screen for me, please.
What would I be looking for? Ambien, barbiturates, Valium, tranquilizers.
You know what? Do a complete workup for me, please.
I don't want to leave anything out.
- Chief, I'm not sure I understand.
- Understand what? Cases involving non-stranger rape, incredibly difficult to prove.
Lawyers will say she dated the boy, that the sex was consensual, and that the boy broke up with her afterwards, Michelle got mad, tried to get even by accusing him of rape, and then, being emotionally unstable, Michelle killed herself.
I'm sure they will say that, yes.
And with the victim dead, it's gonna be next to impossible to get her statement entered into trial.
We won't get a rape conviction out of this, ever.
Well, that's okay, Detective, because we're not investigating her rape.
We're investigating her murder.
Okay, in what universe does it make sense not to notify me that Commander Yates' son is being investigated for rape? Actually, Chief, now it's murder.
Well, yeah, I figured that, since you're here.
When was that decision made? A couple hours ago.
(SIGHS) I thought it looked like this girl was a suicide.
Looks like.
You weren't at the crime scene.
Even the coroner remains undetermined as to cause of death.
- What's he waiting for? - Tox results.
- And in addition to the physical evidence - Which is slight.
the victim didn't leave a note.
Am I supposed to stand aside when the evidence is slight just because the suspect is related to the sheriff? Stop right there.
I am not advocating that we hide behind the blue line.
We're gonna tell them that all we're doing is fulfilling our legal obligation, and that, in view of that, we need this investigation to be beyond reproach, and not a word to the press.
Understood? - Absolutely.
- TAYLOR: Yes, sir.
If the commander here had picked up the phone, I could've cleared up this whole mess myself.
But you understand our need to conduct this investigation without the appearance of preferential treatment.
I'm happy to confirm that, considering you risked stigmatizing my son's entire future - on a bogus claim from a girl - The charge is not bogus.
Then why didn't you make an arrest? Because that and other investigations are ongoing.
Are you telling me there's more than one investigation involving my son? Ask him how many investigations there ought to be, and I'll see how close we are.
If this is your idea of how fellow professionals are supposed to be treated, I'm a little confused.
Well, let me ask a few questions and clear the air.
Darren, can you account for your whereabouts last night? - Yeah, I was out with - Do not answer that question.
You say nothing.
Not a word.
My son was with me last night doing his homework, and he was not involved in whatever her name was, - this girl's suicide.
- We're not calling it suicide here, Mark.
Sorry.
You have evidence of murder? Let me talk to your son.
I'll tell you everything you want to know.
- This is crazy.
I didn't do anything.
- What did I say? You sit here and shut up! Now, you listen to me, honey.
This is ridiculous.
That girl was upset and vindictive, and she told a bunch of lies about Darren because he broke up with her.
He broke up pretty hard, sir.
I bring you these photographs of Michelle Clarke, courtesy of the nurse who performed the rape exam.
Look at them closely, sir, because they do not look bogus to me.
(CLEARS THROAT) Do you have anything to say about this, Commander Yates? Yeah.
We're through here.
If you were going to make an arrest, you would've done it already.
And to think I came down here today expecting an apology.
Well, I am sorry for you, sir, and that's fact.
You're every bit the bitch I heard you were.
MARK: (SNAPS FINGERS) Move it.
DANIELS: Michelle Clarke, high school junior.
Got straight A-pluses, in tough courses, too.
Mom's a stay-at-home, and Dad's an airline pilot.
Lieutenant Tao, did you find anything resembling a suicide note on her computer? Uh.
No, but I did find a partial footprint on her windowsill.
- Top half of the man's sneaker.
- Prove it was put there last night.
Exactly, and SID came back about the broken mirror and bookshelves in Michelle's bedroom.
Their best guess is that when she stepped off the chair, - she panicked, kicked it all down.
- Last minute change of heart.
That's one explanation, Lieutenant.
The other is that she was fighting off an attacker.
Uh, Chief, I think what the lieutenant is saying is that we're not clear Michelle's death was a homicide.
Thank you for the translation, Sergeant, but I see the murder just fine.
Detective Sanchez.
We found seven calls made to Michelle's cell from Darren since the rape, all yesterday afternoon.
Found out about the DNA match, wanted to keep her quiet.
Which brings us to Darren Yates.
Senior class secretary, B-plus student, well-rounded, well-liked.
Regular prince of a fellow.
There's no record of any bad behavior whatsoever.
No record, maybe, but we do have a recording.
A friend in the sheriff's department just slid me this.
- May I? - Yes.
On March 18th of this year, a deputy responded to a sexual assault call involving a teenage girl in a car very near Darren's school.
DEPUTY 1: Yeah, the suspect in question, he's a pretty big fish.
So I'm not sure how to handle the situation.
DEPUTY2: Does the girl want to press charges? DEPUTY 1: No, sir.
That's a negative.
DEPUTY2: All right, then.
I won't send anybody else out there.
Just release the kid with a warning, and don't write anything up.
DEPUTY 1: Got it.
GABRIEL: Um If we go to the sheriff's department and ask about this recording They'll deny it's theirs.
Without being able to identify the voices, it's just two people talking on a radio.
- It is not evidence.
- No, it's evidence, Sergeant.
- It's just not admissible in court.
- Sheriff's Commander would know that.
But I bet his son wouldn't.
Listen, I'm trying to put this case together in such a way that it ends with a confession, not a trial, and I see the obstacles as clearly as y'all, but I would appreciate it if the detectives in my own division would offer me at least the same support I'm getting from Commander Taylor.
Thank you.
Now, that footprint on the windowsill, I think that, along with the DNA match from the rape kit, that almost buys me a search warrant of the Yates' house.
So let's find one more thing to convince the judge.
Thank you.
(CRYING) He hit me like I was a horse.
(MICHELLE SIGHS) And his friends, they were in the next room.
Tony, Danny and Tim, and maybe even Kevin.
I could hear them laughing when he finished.
And now when they look at me at school, they pretend to paw at the ground, and they make these noises.
Well, that's pretty rough stuff.
(SIGHING) Raping her with his friends in the next room, and no one stopped him.
(BRENDA GROANS) You'd think I'd be used to this kind of thing by now.
- Did you look at my notes? - Yeah, I did.
Well? Doesn't that shoeprint say anything to you? Well, it says at some point in time, someone stood on her windowsill, not that they went inside.
There's no way to say when it was left there.
I mean, it's not proof, and the father gives him an alibi.
Boy, would I like to take that alibi and pound him over the head with it.
I don't believe it for a second.
Well, homicide's not my specialty.
Maybe that's why I'm not seeing it.
To me it's obvious.
But then, I saw the body.
That rape seems solid.
Imagine those other boys just sitting in that next room, maybe having a beer while that girl was assaulted like that.
Oh, it makes you want to go out and arrest every last one of them, doesn't it? You know, Darren's father is pretty high up in the sheriff's department.
Yes, ma'am.
We are fully aware of that fact, believe me.
- So, Darren's friends? - I'm sorry, I don't want to turn you away, but parents send their children to our academy to protect them.
I assure you, the conduct of our young people is well above high school norm.
And with Michelle's suicide, well, the students have been through so much already.
Would it be easier for them if I told them that Michelle was raped and murdered instead? Look, Ms.
Patterson, you have two choices.
You either cooperate with me, or I lock down this school and go room to room, questioning each individual student about their whereabouts on the night of Michelle's murder.
You want to know his best friends, the ones he tends to hang out with? Starting with first names, Tony, Danny, Tim and Kevin.
Let me try Looklt.
- I'm sorry? - Looklt.
Net.
It's a social network site we set up for the school.
Um This is Darren's page.
If I click on "best buds," let's see.
MS.
PATTERSON: Tony There's Anthony Lambert.
What can you tell me about him? - MS.
PATTERSON: He's 17, a senior here.
- Anthony Lambert? You're under arrest.
MS.
PATTERSON: A verage student.
Some disciplinary issues.
You have the right to remain silent Beat it.
I mean, the coach kicked him off the tennis team last season for fighting.
MS.
PATTERSON: Tim Swick, also a senior.
Hands behind your head.
Not the most driven, academically.
He was suspended in April for smoking marijuana on school grounds.
Um Daniel Dobrowski, junior.
He's on the basketball team with Darren.
Just had him in detention for poor attendance.
Congratulations on the above-average behavior of your students.
And Kevin Ward, a junior.
Next door neighbor to Darren.
A 's and B's, mostly.
He's actually a pretty good kid.
Kevin Ward, you're under arrest for aiding and abetting a felony.
KEVIN: What? Hey, what is this? TAO: Take him downtown.
Darren, my man.
You have a nice day, you hear? Anthony Lambert, Tim Swick, Danny Dobrowski, all insist that on the night of the rape, they were at the movies.
On the night of the murder, they were driving around Hollywood.
And they say Darren was with them on both occasions.
That's funny.
Mark Yates told me that on the night that Michelle died, Darren was with him.
I worry when a suspect has extra alibis.
Um What about Kevin here? Kevin works part-time at a print shop after school.
- Boss clears him on both incidents, but - He won't talk without a lawyer.
He's a witness, not a suspect.
He has no right to an attorney.
Explained that to him, Chief.
- She did, over and over.
- I think Kevin is afraid, because we told him we'd put him in a jail cell for the afternoon.
That was the point, Commander.
I wanted him to be afraid.
How much longer can we hold him before calling his parents? Maybe an hour.
Three, if you let me accidentally send him to Harper division first.
No.
He asked for a lawyer, we'll give him one.
- Kevin? Kevin Ward? - Yeah.
I'm Brenda Leigh Johnson from the public defender's office.
Police told me that you were smart enough to ask for an attorney.
Oh, my God.
They kept telling me that I didn't have the right to a lawyer.
Oh.
You cannot trust the police.
They lie about everything.
Listen, don't you worry your little head one more moment about these cops.
'Cause once I walk out of here, they are all gonna answer to me.
All right.
Wait a minute, though.
How much do you cost? Oh.
That's darling.
Aren't you sweet? - Can she do this? - BRENDA: Wondering how I'll get paid.
As long as he doesn't say anything we need to prosecute him for.
Don't you worry about the money.
The state pays my tab.
Besides, I think they're after another boy.
- Yeah, Darren Yates.
- That's him.
Did they tell you why? Uh Well, I don't want to get anyone in trouble.
Oh.
Bless your heart.
Most folks can't wait to point the finger at someone else.
Listen, let me explain how this works.
Everything you say to your lawyer is completely confidential, which means that I have to keep it a secret, but in order to help you, I need you to tell me everything.
So, what have the police been talking to you about? Okay.
Well, there's this girl, Michelle Clarke.
- Mmm-hmm.
- I guess she hung herself.
- Hanged herself? - Hanged herself.
- No, no.
The Clarke girl.
- Mmm-hmm.
She was murdered.
- Murdered? - The police didn't tell you that? (EX CLAIMS) Unbelievable.
I hate it when they manipulate children like this, and with your entire future hanging by a thread.
Unbelievable.
Listen, Kevin, I want you to brace yourself, because the police consider you a suspect in both the rape and murder of Michelle Clarke.
No.
What? No! What? No.
No, I never even spoke to Michelle, okay? Darren's the one that had sex with her, not me.
- He told you that? - Yeah.
Well, he sort of told everybody when he put Michelle's picture up - on his Looklt page.
- Why would he post her picture? Uh Kevin, I can't defend you unless I know everything.
- It's this game.
- BRENDA: Okay.
- We called it "cherry picking.
" - Never heard of it.
That's 'cause we made it up.
See, we (SIGHS) We each put in 50 bucks to see who could, you know, - sleep with the most virgins this year.
- Oh.
- And - I get it.
- And whoever picks the most cherries - Wins the pot.
Yeah.
Well, boys will be boys.
And Michelle was one of Darren's cherries? Yeah, but Darren had to work it.
You know, pretend he was all in love with her, took her on a few dates.
And he could push it a little bit harder than the rest of us.
Why? Well, because his dad's this big deal in the sheriff's department.
You know, that's how Darren gets away with all of his stuff.
Like the time that he got caught with X when he was speeding, they just let him go.
And with these girls, like Michelle, he just You know, took a few shortcuts.
- He said he got a couple of girls that way.
- Hmm.
Yeah.
They're still posted on his Web page.
Darren's Looklt page.
Scrolling down, and Here's a bunch of pictures of girls.
Whoa.
Four rows of three, dated, tagged with little cherry icons.
That one.
Ally.
March 18th.
On the recording that we got from the sheriff's department, what night did the deputy report finding a "big fish" involved in a sexual assault? March 18th.
Lieutenant Tao, would you print out this picture for me, please? - TAO: Yeah.
- Detective Sanchez, Sergeant Gabriel, let's find out who's telling the truth here.
If Darren was driving around Hollywood with his friends last night, I'd like to know about it, and Lieutenant Flynn, I believe that we have earned a search warrant for the Yates house.
Find me a shoe that matches the tread on the windowsill.
Thank you.
Look, I hate to be a spoilsport here, but you asked Kevin not one question about murder, and as regards to the rape, everything he said is hearsay.
He observed nothing, so you can't charge Darren with either crime.
Where does that statement lead us? To another victim.
Ally.
Ally Mitchell? Hi, Ally.
I'm Deputy Chief Brenda Leigh Johnson of the LAPD.
Miss Johnson would like to ask you a few questions about Michelle Clarke.
I didn't really know her very well, and I'm losing my ride home.
I could give you a lift.
It won't take long.
And I could really use your help.
I knew her mostly from choir our first year, but then Michelle went hardcore academics.
I'm more of a painter.
- So she was murdered? - But first she was raped, badly.
Did you ever see Michelle with a boy named Darren Yates? Um I don't remember, really.
You need to take a right at the next stop sign.
But you know who Darren is, right? I thought you wanted to ask me about Michelle.
About what you and Michelle had in common.
For example, she had her picture up on Darren's Looklt page, too, right next to yours, which went up sometime after March 18th.
- So? I can't stop someone - That was the night that you called the sheriff's department and reported a sexual assault! I didn't call anyone! You don't understand, and you missed my turn! My house is totally back that way.
Hey! Where are you going? Nowhere fast, unless you help me.
Listen, Ally.
Michelle thought Darren was her new boyfriend.
They went out on a couple of dates, he gained her trust, and then he handcuffed her and raped her on the floor of his house.
Does any of that sound familiar? It should, because something like that happened to you.
Right here.
This is where a sheriff's deputy picked you up on the night of March 18th and drove you home, while sending Darren off with a slap on the wrist.
Now, I can't talk to Michelle anymore, so I need you to help me, or else Darren's gonna sexually assault another young girl.
- Is that what you want? - No.
I just want to forget it ever happened.
So did Michelle.
Look what happened to her.
(GASPS) Ally.
Ally? (EXHALES) (ALLY BREATHING HEAVILY) Ally.
Darren's only the second boy who ever asked me out.
I know.
Hard to believe, huh? How'd you end up here? - He took me to the movies first.
- Mmm-hmm.
We hadn't been there very long when he just reached over and grabbed my hand.
My heart was beating so fast I thought he would hear it, or maybe it would just jump out of my chest.
Afterwards, we went driving for a while, talking, then he parked here.
"Just for a minute," he said.
And we kissed.
And while I was thinking, "Wow, this is what it's like to fall in love," he pushed my seat back all the way and rolled over on top of me.
By the time I tried to shove him off, he He already handcuffed my hands behind my back and pulled my jeans down, so I screamed.
But he put his hand over my mouth, and said that if I just shut up, I'd enjoy it.
When it was over, and I told him I was calling the police, he grabbed my phone and started dialing the sheriff's office himself.
And when he hung up, he said He told me to take a good look in the mirror.
(CRYING) "They're never gonna believe I had to rape someone who looks like you.
" And he was right.
I mean, I'm not a supermodel, so I should be, like, grateful, right? - Ally.
You're very, very pretty.
- Oh.
Yeah.
Thanks.
I know.
(SIGHS) (SIGHS) Look, I know you've been through so much already, and it's hard to consider, but if you could press charges against Darren No way! Forget it! Take me home! I'm not saying it would be easy.
It wouldn't.
It would be very, very tough.
But I would be with you every step of the way.
I promise.
- You could help me stop him.
- I tried stopping him once.
(CRYING) I can't do it again.
I can't.
I'm sorry.
- Here.
- No, no, no.
Don't be sorry.
You've already done enough things you didn't want to do.
- Wait a minute.
- What? This UNY sweatshirt hanging from the ceiling.
- What about it? - Darren got a scholarship to UNY.
It's where he's going to college.
Do you really think you're gonna get a confession from this kid in front of his father? Commander Yates knows as much about murder investigations - as anyone in this building.
- I counted on that, Will.
That's why he's here without an attorney.
He knows that unless I arrest his son, they can leave whenever they want, which is why I'm trying to find out if we were able to break Darren's alibi.
So may I? - Yeah.
- Thank you.
- So, the story the kids - Shh.
(WHISPERING) Sorry.
The story the kids we arrested told us checks out.
On both sides of the time Michelle died, Darren and his best buds were in the Hollywood Highland area.
We have them on time-coded film in about three different places.
- The alibi is solid.
- That is exactly what I wanted to hear.
Now, if y'all wouldn't mind waiting here for a minute.
Thank you.
BRENDA: So sorry to keep y'all waiting.
Let us acknowledge, just for the sake of the records, that your rights have been read to both of you, and that you have waived those rights, and are cooperating with us in the investigation of the rape and murder of Michelle Clarke.
What? Does she think I'm an idiot? Yes, I was read my rights, as was my son, which I would've found to be the most insulting moment of my career, had it not been for the LAPD executing a search warrant at my home earlier today, in front of all my neighbors.
No one regrets the necessity of that search more than I, sir.
And had you shown the customary cooperation one would expect from a fellow law enforcement officer You are going to tell me about the respect due fellow officers? - (SHOUTING) Really? - Calm down, Commander.
Okay, let's forget about respect, duty and honor here, because you have all proven that they are bullshit to you.
Now, what I want to know, lady, is whether an arrest is going to be made here today or not.
That all depends on where your son Darren was the night before last during the time of the murder, and on our ability to confirm that alibi.
MARK: Mmm-hmm.
And as I've already told you, night before last, my son was with me at home.
All right, then.
Commander Yates, given that, if you wouldn't mind stepping outside for a quick conference with Commander Taylor and me, I would be able to pass on a little information of a personal nature, and then I should be able to wrap up this investigation in a matter of minutes.
Be right back.
(MARK CLEARS THROAT) - After you, sir.
- Oh.
No, please.
Thank you.
Does anybody know what's going on here at all? I know you've had a lot of time in the sheriff's department, Commander, so I'm sure you'll understand what I'm about to do, because the alibi that you provided for your son is contradicted by physical evidence.
- What are you about to do? - Mark Yates, you're under arrest for aiding and abetting a felony after the fact.
Whoa, you can't arrest me.
Hey! - GABRIEL: Hey, easy, easy! - Let me go! BRENDA: Unless you immediately back off, sir, I will happily add "resisting arrest" to this charge.
- Happily.
Do you understand me, sir? - All right.
All right.
Now you got a lawsuit.
- Have we? - No.
If you'll excuse me, I need to finish up with Darren.
Wait a minute.
Whoa, whoa.
Wait a minute.
I want an attorney for my son.
Your son is 18, sir, and legally recognized as an adult.
He has been read his rights, and waived his right to an attorney.
I demand an attorney for my son, or that I'm allowed back in there before any further questioning.
You may not be aware of this, but the constitution gives you the right to an attorney, not a father.
A lawyer was offered and declined.
Book him, please.
- Let's go! Let's go, Commander.
- BRENDA: Thank you.
- Darren! Don't say anything.
- SANCHEZ: Move it, move it.
I'll get you for this, I swear! Darren! TAYLOR: Get him out of here.
MARK: Darren! No! Do you have enough evidence to make an arrest for murder? No, but I'm gonna try and get a confession all the same.
- Where's my father? - Sorry about that.
I had to arrest your dad.
He lied about your alibi.
You were out with your best buds the night before last.
Your fellow "cherry picking" friends, weren't you? You were caught on film a few times when your dad said that you were at the house doing homework.
(CHUCKLES) On film? What? I guess your father didn't think that your friends' alibi would hold up.
Look familiar? They're from your closet.
So what? So the tread matches this print that you left on Michelle's windowsill when you climbed into her room on the night that you killed her.
- What? - The night you strangled her - and strung her up - I climbed up there one time, - and she made me leave.
to make it look like a suicide.
I never did anything like that.
Never.
Never.
You got a scholarship to college next year.
Where is it? - Why? - What school? UNY, the University of New York.
You recognize this? That's the sweatshirt you used to hang Michelle from the beam in her room.
That's not mine.
It's the same sweatshirt that you're wearing in this picture I took from your Looklt page, right down to the tear in the left-hand pocket, and if I find your DNA on this, Darren, you're looking at murder in the first degree with special circumstances, which carries with it the death penalty.
Wait.
Okay.
I gave her that sweatshirt one night when we were out After you ripped her clothes off, so she'd have something to cover herself up in - when she went home after you raped her? - We had sex.
She was high.
She tore her clothes when she was taking them off, - but she wanted it, okay? She wanted it.
- Is that what she wanted? BRENDA: Is that what your best buds who've been in lockup all day will say Michelle wanted, when I charge them with conspiracy to commit murder? Do you think Are you really dumb enough to believe that your "cherry picking" friends are going to trial to cover for you? Okay, look.
I was the first person in our entire school who even asked Michelle out.
Now, I'm sorry about what happened to her.
Maybe I got carried away.
- You call murder getting carried away? - I didn't murder her.
Look at these marks.
Look at them! That happened over a week before she killed herself! How do you know how and when she got these marks? Because I put them there while we were having sex, but she wanted it.
She wanted it.
She loved me, that's what she told me.
She loved me.
I have girls throwing themselves at me all the time, and if she would've just relaxed, if she would've just gone along with it, it would've been fine.
So if you want to call that rape, okay, maybe she looked at it that way, but I didn't kill her! I know.
"I know"? Did she just say "I know"? I guess without a victim to press charges, Chief Johnson must've seen the only way to make a sexual assault stick was if Darren confessed to it.
You're telling me this whole murder investigation was some kind of strategy to get the kid to confess to the rape? I wouldn't know, sir.
Chief Johnson doesn't confide in me.
You know that I didn't kill Michelle? Is that what you're saying? As hard as it is for me to accept, you are not liable for her death.
The justice system will just have to be satisfied with the rape charge.
Hold on here, wait a minute.
Does this mean that I You're under arrest for the sexual assault of Michelle Clarke, and if you think that being the son of a sheriff's commander made you popular at school, just wait until you get to prison.
Convicts even play some of the same games as you and your best buds.
I imagine you'll end up in their "cherry picking club" in no time at all.
Goodbye, Darren.
My father is never gonna let this happen.
Never.
Do you hear me? Never! (EXHALES) Commander.
I wanted to say thank you.
(SIGHS) I just wish I could hold him accountable for her death, 'cause even if Michelle tied that knot around her own neck, he killed her just the same.
One count of rape won't put him away for life.
But establishing a pattern of behavior could.
- Good night, Chief.
- Good night, Commander.
English-SDH
She didn't answer when she was called for breakfast this morning, so her father came upstairs to wake her, found his daughter hanging from the ceiling.
Cut her down with scissors.
- And the parents heard? - Nothing during the night, but their bedroom's on the other side of the house.
- Chief Johnson, can I have a word? - Uh.
I'll be right there.
- PROVENZA: (CLEARING THROAT) Chief? - Yes.
Sanchez and Daniels have taken the parents into the kitchen so they don't have to watch their daughter get hauled out of here on a gurney.
And Flynn's calling Michelle's friends, you know, just to try and find out if she was as happy as her father described.
(SIGHS) Okay.
Buzz, memorialize the crime scene.
- Yes, ma'am.
- Thank you.
I wanted to thank you for coming down.
I need a fresh pair of eyes on this.
- On what exactly? - It's, uh It's sensitive.
Commander, I'm happy to help.
I'm just not sure why you need my division to investigate a suicide.
Could you come with me a moment, please? Now, your mother is just outside.
She's welcome to join us any time you like.
- Or your father.
- No.
No, please.
I don't want my dad to know anything about this.
Okay.
It's okay.
We can handle that.
Now, I looked over the interview you gave during your medical exam yesterday, and it says your assailant invited you to his home.
Is that correct? So this is someone you knew, someone you considered a friend.
I liked him.
I did.
It says you talked and watched some TV.
Then what happened? He had these pills, and he wanted me to take one.
- Drugs.
- What kind? Ecstasy.
I had never tried it before.
I swear.
Uh-huh.
I was so scared, but he said he wanted to be my boyfriend.
He said (CRYING) Michelle, is this a person you know from school? Can you tell me his name? What happened to you is not your fault.
I want you to know that.
Now, I spoke to Gail, the nurse who examined you, and she said that during your exam, it was suggested that somehow your attacker might be related to a law enforcement officer.
Is that true? Michelle, if there's a boy out there who would do this terrible thing to you, hiding behind a badge, I need to stop him.
I'll tell you what.
Let's try this.
(SNIFFS) You just say his name one time, and I'll handle the rest.
Can you do that? (SOBBING) Darren.
Darren Yates.
Yates? Isn't there someone real high up in the sheriff's department? Commander Mark Yates.
That's Darren's father.
Buzz, could you leave us alone for a moment, please? - Yes, ma'am.
- Thank you.
And nothing you heard here leaves this room.
- I understand.
- BRENDA: Thank you.
(SIGHS) - I'm gonna ask you a few questions.
- Okay.
We have rape detectives.
Why wouldn't one of them take Michelle's statement instead of you? As soon as I heard that the attacker might have something to do with law enforcement, I thought I'd be in a better position to keep the case from being covered up.
- So you believed her statement? - Yes, yes, I did.
Because it's been a week since the scene review, and you haven't filed any charges against this Darren kid.
Well, they took semen samples off of Michelle.
I had to get something off the board without his knowing about it, and I was waiting for a DNA match.
And the boy's father, he called me yesterday screaming.
- Why? - Someone at the lab tipped off Yates that I'd made a positive DNA match to his boy off Michelle's rape kit.
And if Yates could come at me like he did, that might explain what happened to this girl, which is why I should turn this case over to you, - why I sought out your opinion.
- Okay, you want my opinion? Here it is.
You slow-walked this case in a way you never would've even considered doing if the suspect hadn't been a relative of sheriff's commander.
In addition, you left your victim exposed to her attacker, who is at school with her on a daily basis, while you busied yourself with the political implications of this investigation.
The result is, a physically and emotionally traumatized girl killed herself.
And speaking frankly, Commander, I just don't know how or why you think that I could straighten out this mess for you.
Speaking frankly, Chief, you're the last person on Earth I'd ever ask to cover my ass.
All right.
That's a good point.
So what are you asking for? Let's say everything you said about me is true.
That doesn't change what happened to this girl, and as Daniels could explain to you, that even though there were witnesses, I no longer have a victim, which means I no longer have a case, but I think you might.
The alarm at Michelle's house wasn't set last night, and it looked to me like there were signs of a struggle, and I think if you just go to the morgue, and look - I've seen the body.
- (SHOUTING) Well, look again! I'm sorry.
Please.
I I know I don't deserve it, Brenda, but I'm asking that you just go and examine the body.
Just Just make sure this isn't your case.
- DR.
MORALES: I'm telling you, it's suicide.
- You're 100% sure? Are you suggesting someone broke into her house, drugged her and hung her from the ceiling? - What happened here? - Oh.
Those marks are several days old.
On this wrist, too, from handcuffs or some such thing.
- You know she was raped last week.
- Yes.
Looks like she was restrained during the sexual assault.
She tried pretty hard to get free.
We also have carpet burns on her legs, like she was forced onto her knees, and severe tearing of the vaginal wall, bruising of the buttocks from a forcefully used flat hand, and there was a fissure in her - How much of this do you want to know? - All of it.
Sorry.
Pretty terrible, but all done days before she died.
I'd appreciate it if before you make your final determination that you do a tox screen for me, please.
What would I be looking for? Ambien, barbiturates, Valium, tranquilizers.
You know what? Do a complete workup for me, please.
I don't want to leave anything out.
- Chief, I'm not sure I understand.
- Understand what? Cases involving non-stranger rape, incredibly difficult to prove.
Lawyers will say she dated the boy, that the sex was consensual, and that the boy broke up with her afterwards, Michelle got mad, tried to get even by accusing him of rape, and then, being emotionally unstable, Michelle killed herself.
I'm sure they will say that, yes.
And with the victim dead, it's gonna be next to impossible to get her statement entered into trial.
We won't get a rape conviction out of this, ever.
Well, that's okay, Detective, because we're not investigating her rape.
We're investigating her murder.
Okay, in what universe does it make sense not to notify me that Commander Yates' son is being investigated for rape? Actually, Chief, now it's murder.
Well, yeah, I figured that, since you're here.
When was that decision made? A couple hours ago.
(SIGHS) I thought it looked like this girl was a suicide.
Looks like.
You weren't at the crime scene.
Even the coroner remains undetermined as to cause of death.
- What's he waiting for? - Tox results.
- And in addition to the physical evidence - Which is slight.
the victim didn't leave a note.
Am I supposed to stand aside when the evidence is slight just because the suspect is related to the sheriff? Stop right there.
I am not advocating that we hide behind the blue line.
We're gonna tell them that all we're doing is fulfilling our legal obligation, and that, in view of that, we need this investigation to be beyond reproach, and not a word to the press.
Understood? - Absolutely.
- TAYLOR: Yes, sir.
If the commander here had picked up the phone, I could've cleared up this whole mess myself.
But you understand our need to conduct this investigation without the appearance of preferential treatment.
I'm happy to confirm that, considering you risked stigmatizing my son's entire future - on a bogus claim from a girl - The charge is not bogus.
Then why didn't you make an arrest? Because that and other investigations are ongoing.
Are you telling me there's more than one investigation involving my son? Ask him how many investigations there ought to be, and I'll see how close we are.
If this is your idea of how fellow professionals are supposed to be treated, I'm a little confused.
Well, let me ask a few questions and clear the air.
Darren, can you account for your whereabouts last night? - Yeah, I was out with - Do not answer that question.
You say nothing.
Not a word.
My son was with me last night doing his homework, and he was not involved in whatever her name was, - this girl's suicide.
- We're not calling it suicide here, Mark.
Sorry.
You have evidence of murder? Let me talk to your son.
I'll tell you everything you want to know.
- This is crazy.
I didn't do anything.
- What did I say? You sit here and shut up! Now, you listen to me, honey.
This is ridiculous.
That girl was upset and vindictive, and she told a bunch of lies about Darren because he broke up with her.
He broke up pretty hard, sir.
I bring you these photographs of Michelle Clarke, courtesy of the nurse who performed the rape exam.
Look at them closely, sir, because they do not look bogus to me.
(CLEARS THROAT) Do you have anything to say about this, Commander Yates? Yeah.
We're through here.
If you were going to make an arrest, you would've done it already.
And to think I came down here today expecting an apology.
Well, I am sorry for you, sir, and that's fact.
You're every bit the bitch I heard you were.
MARK: (SNAPS FINGERS) Move it.
DANIELS: Michelle Clarke, high school junior.
Got straight A-pluses, in tough courses, too.
Mom's a stay-at-home, and Dad's an airline pilot.
Lieutenant Tao, did you find anything resembling a suicide note on her computer? Uh.
No, but I did find a partial footprint on her windowsill.
- Top half of the man's sneaker.
- Prove it was put there last night.
Exactly, and SID came back about the broken mirror and bookshelves in Michelle's bedroom.
Their best guess is that when she stepped off the chair, - she panicked, kicked it all down.
- Last minute change of heart.
That's one explanation, Lieutenant.
The other is that she was fighting off an attacker.
Uh, Chief, I think what the lieutenant is saying is that we're not clear Michelle's death was a homicide.
Thank you for the translation, Sergeant, but I see the murder just fine.
Detective Sanchez.
We found seven calls made to Michelle's cell from Darren since the rape, all yesterday afternoon.
Found out about the DNA match, wanted to keep her quiet.
Which brings us to Darren Yates.
Senior class secretary, B-plus student, well-rounded, well-liked.
Regular prince of a fellow.
There's no record of any bad behavior whatsoever.
No record, maybe, but we do have a recording.
A friend in the sheriff's department just slid me this.
- May I? - Yes.
On March 18th of this year, a deputy responded to a sexual assault call involving a teenage girl in a car very near Darren's school.
DEPUTY 1: Yeah, the suspect in question, he's a pretty big fish.
So I'm not sure how to handle the situation.
DEPUTY2: Does the girl want to press charges? DEPUTY 1: No, sir.
That's a negative.
DEPUTY2: All right, then.
I won't send anybody else out there.
Just release the kid with a warning, and don't write anything up.
DEPUTY 1: Got it.
GABRIEL: Um If we go to the sheriff's department and ask about this recording They'll deny it's theirs.
Without being able to identify the voices, it's just two people talking on a radio.
- It is not evidence.
- No, it's evidence, Sergeant.
- It's just not admissible in court.
- Sheriff's Commander would know that.
But I bet his son wouldn't.
Listen, I'm trying to put this case together in such a way that it ends with a confession, not a trial, and I see the obstacles as clearly as y'all, but I would appreciate it if the detectives in my own division would offer me at least the same support I'm getting from Commander Taylor.
Thank you.
Now, that footprint on the windowsill, I think that, along with the DNA match from the rape kit, that almost buys me a search warrant of the Yates' house.
So let's find one more thing to convince the judge.
Thank you.
(CRYING) He hit me like I was a horse.
(MICHELLE SIGHS) And his friends, they were in the next room.
Tony, Danny and Tim, and maybe even Kevin.
I could hear them laughing when he finished.
And now when they look at me at school, they pretend to paw at the ground, and they make these noises.
Well, that's pretty rough stuff.
(SIGHING) Raping her with his friends in the next room, and no one stopped him.
(BRENDA GROANS) You'd think I'd be used to this kind of thing by now.
- Did you look at my notes? - Yeah, I did.
Well? Doesn't that shoeprint say anything to you? Well, it says at some point in time, someone stood on her windowsill, not that they went inside.
There's no way to say when it was left there.
I mean, it's not proof, and the father gives him an alibi.
Boy, would I like to take that alibi and pound him over the head with it.
I don't believe it for a second.
Well, homicide's not my specialty.
Maybe that's why I'm not seeing it.
To me it's obvious.
But then, I saw the body.
That rape seems solid.
Imagine those other boys just sitting in that next room, maybe having a beer while that girl was assaulted like that.
Oh, it makes you want to go out and arrest every last one of them, doesn't it? You know, Darren's father is pretty high up in the sheriff's department.
Yes, ma'am.
We are fully aware of that fact, believe me.
- So, Darren's friends? - I'm sorry, I don't want to turn you away, but parents send their children to our academy to protect them.
I assure you, the conduct of our young people is well above high school norm.
And with Michelle's suicide, well, the students have been through so much already.
Would it be easier for them if I told them that Michelle was raped and murdered instead? Look, Ms.
Patterson, you have two choices.
You either cooperate with me, or I lock down this school and go room to room, questioning each individual student about their whereabouts on the night of Michelle's murder.
You want to know his best friends, the ones he tends to hang out with? Starting with first names, Tony, Danny, Tim and Kevin.
Let me try Looklt.
- I'm sorry? - Looklt.
Net.
It's a social network site we set up for the school.
Um This is Darren's page.
If I click on "best buds," let's see.
MS.
PATTERSON: Tony There's Anthony Lambert.
What can you tell me about him? - MS.
PATTERSON: He's 17, a senior here.
- Anthony Lambert? You're under arrest.
MS.
PATTERSON: A verage student.
Some disciplinary issues.
You have the right to remain silent Beat it.
I mean, the coach kicked him off the tennis team last season for fighting.
MS.
PATTERSON: Tim Swick, also a senior.
Hands behind your head.
Not the most driven, academically.
He was suspended in April for smoking marijuana on school grounds.
Um Daniel Dobrowski, junior.
He's on the basketball team with Darren.
Just had him in detention for poor attendance.
Congratulations on the above-average behavior of your students.
And Kevin Ward, a junior.
Next door neighbor to Darren.
A 's and B's, mostly.
He's actually a pretty good kid.
Kevin Ward, you're under arrest for aiding and abetting a felony.
KEVIN: What? Hey, what is this? TAO: Take him downtown.
Darren, my man.
You have a nice day, you hear? Anthony Lambert, Tim Swick, Danny Dobrowski, all insist that on the night of the rape, they were at the movies.
On the night of the murder, they were driving around Hollywood.
And they say Darren was with them on both occasions.
That's funny.
Mark Yates told me that on the night that Michelle died, Darren was with him.
I worry when a suspect has extra alibis.
Um What about Kevin here? Kevin works part-time at a print shop after school.
- Boss clears him on both incidents, but - He won't talk without a lawyer.
He's a witness, not a suspect.
He has no right to an attorney.
Explained that to him, Chief.
- She did, over and over.
- I think Kevin is afraid, because we told him we'd put him in a jail cell for the afternoon.
That was the point, Commander.
I wanted him to be afraid.
How much longer can we hold him before calling his parents? Maybe an hour.
Three, if you let me accidentally send him to Harper division first.
No.
He asked for a lawyer, we'll give him one.
- Kevin? Kevin Ward? - Yeah.
I'm Brenda Leigh Johnson from the public defender's office.
Police told me that you were smart enough to ask for an attorney.
Oh, my God.
They kept telling me that I didn't have the right to a lawyer.
Oh.
You cannot trust the police.
They lie about everything.
Listen, don't you worry your little head one more moment about these cops.
'Cause once I walk out of here, they are all gonna answer to me.
All right.
Wait a minute, though.
How much do you cost? Oh.
That's darling.
Aren't you sweet? - Can she do this? - BRENDA: Wondering how I'll get paid.
As long as he doesn't say anything we need to prosecute him for.
Don't you worry about the money.
The state pays my tab.
Besides, I think they're after another boy.
- Yeah, Darren Yates.
- That's him.
Did they tell you why? Uh Well, I don't want to get anyone in trouble.
Oh.
Bless your heart.
Most folks can't wait to point the finger at someone else.
Listen, let me explain how this works.
Everything you say to your lawyer is completely confidential, which means that I have to keep it a secret, but in order to help you, I need you to tell me everything.
So, what have the police been talking to you about? Okay.
Well, there's this girl, Michelle Clarke.
- Mmm-hmm.
- I guess she hung herself.
- Hanged herself? - Hanged herself.
- No, no.
The Clarke girl.
- Mmm-hmm.
She was murdered.
- Murdered? - The police didn't tell you that? (EX CLAIMS) Unbelievable.
I hate it when they manipulate children like this, and with your entire future hanging by a thread.
Unbelievable.
Listen, Kevin, I want you to brace yourself, because the police consider you a suspect in both the rape and murder of Michelle Clarke.
No.
What? No! What? No.
No, I never even spoke to Michelle, okay? Darren's the one that had sex with her, not me.
- He told you that? - Yeah.
Well, he sort of told everybody when he put Michelle's picture up - on his Looklt page.
- Why would he post her picture? Uh Kevin, I can't defend you unless I know everything.
- It's this game.
- BRENDA: Okay.
- We called it "cherry picking.
" - Never heard of it.
That's 'cause we made it up.
See, we (SIGHS) We each put in 50 bucks to see who could, you know, - sleep with the most virgins this year.
- Oh.
- And - I get it.
- And whoever picks the most cherries - Wins the pot.
Yeah.
Well, boys will be boys.
And Michelle was one of Darren's cherries? Yeah, but Darren had to work it.
You know, pretend he was all in love with her, took her on a few dates.
And he could push it a little bit harder than the rest of us.
Why? Well, because his dad's this big deal in the sheriff's department.
You know, that's how Darren gets away with all of his stuff.
Like the time that he got caught with X when he was speeding, they just let him go.
And with these girls, like Michelle, he just You know, took a few shortcuts.
- He said he got a couple of girls that way.
- Hmm.
Yeah.
They're still posted on his Web page.
Darren's Looklt page.
Scrolling down, and Here's a bunch of pictures of girls.
Whoa.
Four rows of three, dated, tagged with little cherry icons.
That one.
Ally.
March 18th.
On the recording that we got from the sheriff's department, what night did the deputy report finding a "big fish" involved in a sexual assault? March 18th.
Lieutenant Tao, would you print out this picture for me, please? - TAO: Yeah.
- Detective Sanchez, Sergeant Gabriel, let's find out who's telling the truth here.
If Darren was driving around Hollywood with his friends last night, I'd like to know about it, and Lieutenant Flynn, I believe that we have earned a search warrant for the Yates house.
Find me a shoe that matches the tread on the windowsill.
Thank you.
Look, I hate to be a spoilsport here, but you asked Kevin not one question about murder, and as regards to the rape, everything he said is hearsay.
He observed nothing, so you can't charge Darren with either crime.
Where does that statement lead us? To another victim.
Ally.
Ally Mitchell? Hi, Ally.
I'm Deputy Chief Brenda Leigh Johnson of the LAPD.
Miss Johnson would like to ask you a few questions about Michelle Clarke.
I didn't really know her very well, and I'm losing my ride home.
I could give you a lift.
It won't take long.
And I could really use your help.
I knew her mostly from choir our first year, but then Michelle went hardcore academics.
I'm more of a painter.
- So she was murdered? - But first she was raped, badly.
Did you ever see Michelle with a boy named Darren Yates? Um I don't remember, really.
You need to take a right at the next stop sign.
But you know who Darren is, right? I thought you wanted to ask me about Michelle.
About what you and Michelle had in common.
For example, she had her picture up on Darren's Looklt page, too, right next to yours, which went up sometime after March 18th.
- So? I can't stop someone - That was the night that you called the sheriff's department and reported a sexual assault! I didn't call anyone! You don't understand, and you missed my turn! My house is totally back that way.
Hey! Where are you going? Nowhere fast, unless you help me.
Listen, Ally.
Michelle thought Darren was her new boyfriend.
They went out on a couple of dates, he gained her trust, and then he handcuffed her and raped her on the floor of his house.
Does any of that sound familiar? It should, because something like that happened to you.
Right here.
This is where a sheriff's deputy picked you up on the night of March 18th and drove you home, while sending Darren off with a slap on the wrist.
Now, I can't talk to Michelle anymore, so I need you to help me, or else Darren's gonna sexually assault another young girl.
- Is that what you want? - No.
I just want to forget it ever happened.
So did Michelle.
Look what happened to her.
(GASPS) Ally.
Ally? (EXHALES) (ALLY BREATHING HEAVILY) Ally.
Darren's only the second boy who ever asked me out.
I know.
Hard to believe, huh? How'd you end up here? - He took me to the movies first.
- Mmm-hmm.
We hadn't been there very long when he just reached over and grabbed my hand.
My heart was beating so fast I thought he would hear it, or maybe it would just jump out of my chest.
Afterwards, we went driving for a while, talking, then he parked here.
"Just for a minute," he said.
And we kissed.
And while I was thinking, "Wow, this is what it's like to fall in love," he pushed my seat back all the way and rolled over on top of me.
By the time I tried to shove him off, he He already handcuffed my hands behind my back and pulled my jeans down, so I screamed.
But he put his hand over my mouth, and said that if I just shut up, I'd enjoy it.
When it was over, and I told him I was calling the police, he grabbed my phone and started dialing the sheriff's office himself.
And when he hung up, he said He told me to take a good look in the mirror.
(CRYING) "They're never gonna believe I had to rape someone who looks like you.
" And he was right.
I mean, I'm not a supermodel, so I should be, like, grateful, right? - Ally.
You're very, very pretty.
- Oh.
Yeah.
Thanks.
I know.
(SIGHS) (SIGHS) Look, I know you've been through so much already, and it's hard to consider, but if you could press charges against Darren No way! Forget it! Take me home! I'm not saying it would be easy.
It wouldn't.
It would be very, very tough.
But I would be with you every step of the way.
I promise.
- You could help me stop him.
- I tried stopping him once.
(CRYING) I can't do it again.
I can't.
I'm sorry.
- Here.
- No, no, no.
Don't be sorry.
You've already done enough things you didn't want to do.
- Wait a minute.
- What? This UNY sweatshirt hanging from the ceiling.
- What about it? - Darren got a scholarship to UNY.
It's where he's going to college.
Do you really think you're gonna get a confession from this kid in front of his father? Commander Yates knows as much about murder investigations - as anyone in this building.
- I counted on that, Will.
That's why he's here without an attorney.
He knows that unless I arrest his son, they can leave whenever they want, which is why I'm trying to find out if we were able to break Darren's alibi.
So may I? - Yeah.
- Thank you.
- So, the story the kids - Shh.
(WHISPERING) Sorry.
The story the kids we arrested told us checks out.
On both sides of the time Michelle died, Darren and his best buds were in the Hollywood Highland area.
We have them on time-coded film in about three different places.
- The alibi is solid.
- That is exactly what I wanted to hear.
Now, if y'all wouldn't mind waiting here for a minute.
Thank you.
BRENDA: So sorry to keep y'all waiting.
Let us acknowledge, just for the sake of the records, that your rights have been read to both of you, and that you have waived those rights, and are cooperating with us in the investigation of the rape and murder of Michelle Clarke.
What? Does she think I'm an idiot? Yes, I was read my rights, as was my son, which I would've found to be the most insulting moment of my career, had it not been for the LAPD executing a search warrant at my home earlier today, in front of all my neighbors.
No one regrets the necessity of that search more than I, sir.
And had you shown the customary cooperation one would expect from a fellow law enforcement officer You are going to tell me about the respect due fellow officers? - (SHOUTING) Really? - Calm down, Commander.
Okay, let's forget about respect, duty and honor here, because you have all proven that they are bullshit to you.
Now, what I want to know, lady, is whether an arrest is going to be made here today or not.
That all depends on where your son Darren was the night before last during the time of the murder, and on our ability to confirm that alibi.
MARK: Mmm-hmm.
And as I've already told you, night before last, my son was with me at home.
All right, then.
Commander Yates, given that, if you wouldn't mind stepping outside for a quick conference with Commander Taylor and me, I would be able to pass on a little information of a personal nature, and then I should be able to wrap up this investigation in a matter of minutes.
Be right back.
(MARK CLEARS THROAT) - After you, sir.
- Oh.
No, please.
Thank you.
Does anybody know what's going on here at all? I know you've had a lot of time in the sheriff's department, Commander, so I'm sure you'll understand what I'm about to do, because the alibi that you provided for your son is contradicted by physical evidence.
- What are you about to do? - Mark Yates, you're under arrest for aiding and abetting a felony after the fact.
Whoa, you can't arrest me.
Hey! - GABRIEL: Hey, easy, easy! - Let me go! BRENDA: Unless you immediately back off, sir, I will happily add "resisting arrest" to this charge.
- Happily.
Do you understand me, sir? - All right.
All right.
Now you got a lawsuit.
- Have we? - No.
If you'll excuse me, I need to finish up with Darren.
Wait a minute.
Whoa, whoa.
Wait a minute.
I want an attorney for my son.
Your son is 18, sir, and legally recognized as an adult.
He has been read his rights, and waived his right to an attorney.
I demand an attorney for my son, or that I'm allowed back in there before any further questioning.
You may not be aware of this, but the constitution gives you the right to an attorney, not a father.
A lawyer was offered and declined.
Book him, please.
- Let's go! Let's go, Commander.
- BRENDA: Thank you.
- Darren! Don't say anything.
- SANCHEZ: Move it, move it.
I'll get you for this, I swear! Darren! TAYLOR: Get him out of here.
MARK: Darren! No! Do you have enough evidence to make an arrest for murder? No, but I'm gonna try and get a confession all the same.
- Where's my father? - Sorry about that.
I had to arrest your dad.
He lied about your alibi.
You were out with your best buds the night before last.
Your fellow "cherry picking" friends, weren't you? You were caught on film a few times when your dad said that you were at the house doing homework.
(CHUCKLES) On film? What? I guess your father didn't think that your friends' alibi would hold up.
Look familiar? They're from your closet.
So what? So the tread matches this print that you left on Michelle's windowsill when you climbed into her room on the night that you killed her.
- What? - The night you strangled her - and strung her up - I climbed up there one time, - and she made me leave.
to make it look like a suicide.
I never did anything like that.
Never.
Never.
You got a scholarship to college next year.
Where is it? - Why? - What school? UNY, the University of New York.
You recognize this? That's the sweatshirt you used to hang Michelle from the beam in her room.
That's not mine.
It's the same sweatshirt that you're wearing in this picture I took from your Looklt page, right down to the tear in the left-hand pocket, and if I find your DNA on this, Darren, you're looking at murder in the first degree with special circumstances, which carries with it the death penalty.
Wait.
Okay.
I gave her that sweatshirt one night when we were out After you ripped her clothes off, so she'd have something to cover herself up in - when she went home after you raped her? - We had sex.
She was high.
She tore her clothes when she was taking them off, - but she wanted it, okay? She wanted it.
- Is that what she wanted? BRENDA: Is that what your best buds who've been in lockup all day will say Michelle wanted, when I charge them with conspiracy to commit murder? Do you think Are you really dumb enough to believe that your "cherry picking" friends are going to trial to cover for you? Okay, look.
I was the first person in our entire school who even asked Michelle out.
Now, I'm sorry about what happened to her.
Maybe I got carried away.
- You call murder getting carried away? - I didn't murder her.
Look at these marks.
Look at them! That happened over a week before she killed herself! How do you know how and when she got these marks? Because I put them there while we were having sex, but she wanted it.
She wanted it.
She loved me, that's what she told me.
She loved me.
I have girls throwing themselves at me all the time, and if she would've just relaxed, if she would've just gone along with it, it would've been fine.
So if you want to call that rape, okay, maybe she looked at it that way, but I didn't kill her! I know.
"I know"? Did she just say "I know"? I guess without a victim to press charges, Chief Johnson must've seen the only way to make a sexual assault stick was if Darren confessed to it.
You're telling me this whole murder investigation was some kind of strategy to get the kid to confess to the rape? I wouldn't know, sir.
Chief Johnson doesn't confide in me.
You know that I didn't kill Michelle? Is that what you're saying? As hard as it is for me to accept, you are not liable for her death.
The justice system will just have to be satisfied with the rape charge.
Hold on here, wait a minute.
Does this mean that I You're under arrest for the sexual assault of Michelle Clarke, and if you think that being the son of a sheriff's commander made you popular at school, just wait until you get to prison.
Convicts even play some of the same games as you and your best buds.
I imagine you'll end up in their "cherry picking club" in no time at all.
Goodbye, Darren.
My father is never gonna let this happen.
Never.
Do you hear me? Never! (EXHALES) Commander.
I wanted to say thank you.
(SIGHS) I just wish I could hold him accountable for her death, 'cause even if Michelle tied that knot around her own neck, he killed her just the same.
One count of rape won't put him away for life.
But establishing a pattern of behavior could.
- Good night, Chief.
- Good night, Commander.
English-SDH