1. In the criminal
justice system...
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2. the people are represented by two
separate yet equally important groups:
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3. the police who
investigate crime...
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4. and the district attorneys
who prosecute the offenders.
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5. These are their stories.
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6. Wendy here? You mean Bughead?
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7. Is she here?
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8. Yeah, she's got her
head stuck in the tailpipe.
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9. She's trying to kill the lice.
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10. We're leaving,
kid. You on or off?
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11. Okay.
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12. I went to her apartment but
Beatrice didn't answer the door.
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13. The lady across the hall
hasn't seen Wendy for two days.
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14. Well, who's Beatrice?
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15. Beatrice Hines is
Wendy's foster mother.
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16. I tried calling over there
but there wasn't an answer.
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17. Well, maybe they just went
away for a couple of days.
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18. They didn't go away.
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19. Beatrice was in there. I
heard her moving around.
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20. But something's
happened to Wendy.
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21. Well, it could be
she's just sick in bed.
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22. She would've called me. She
would've had me bring her homework.
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23. Well, don't you think that Wendy's
foster mom would have called us?
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24. She doesn't care
about Wendy. But I do.
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25. That woman does not take care
of that child. I've seen it myself.
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26. You know how kids are
today. They come, they go.
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27. This one goes for two days,
and you don't think to call us?
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28. Look, she'll turn up.
She always does.
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29. You find any kind of a note,
like maybe she ran away?
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30. No, nothing.
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31. When did you see her last?
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32. Day before yesterday, when
she came home from school.
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33. I told her to get
busy on the laundry.
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34. You know, we got the
self-service down the block.
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35. And yesterday? Bells didn't go
off when she didn't come home?
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36. Look, I thought maybe she
went to visit her friend Janel.
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37. I work nights. I can't pay
attention to everything that girl does.
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38. My towels aren't here.
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39. Now you're worried, huh?
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40. I guess maybe you
better look for her.
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41. A 10-year-old girl,
gone two nights.
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42. No problem.
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43. Yeah, she was here
around dinnertime Monday.
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44. She sorts by colors. She
knows how to use bleach.
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45. Do a lot of people send
their kids to do their wash?
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46. If they could, they'd
send their dogs.
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47. You see her talking to anybody?
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48. Just me. We joke around.
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49. Sometimes I buy her a soda
or give her half my sandwich.
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50. All she ever has is money
for the machines, nothing extra.
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51. Did you buy her a
soda on Monday?
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52. I had five dryers
down. I nearly had a riot.
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53. What time did Wendy leave?
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54. I don't know but she left
her dark load in the machine.
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55. What am I supposed
to do with this stuff?
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56. We hit every store on
the block with her picture.
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57. And nobody saw
the little washer girl?
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58. The foster mother, she give
you a list of the girl's friends?
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59. I don't think she
knows or cares.
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60. She seemed to miss her
towels more than the kid.
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61. What about the girl's real
mother? We're on our way.
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62. Since I got the call,
I've been sick with worry.
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63. I've been trying to
get custody again.
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64. She's my little girl. Her foster
mother didn't seem too worried.
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65. That bitch Beatrice.
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66. She just cares about Wendy for
the check. I'm her mother, I'm blood.
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67. And she'd be living here if there
wasn't a problem, is that correct?
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68. I used to drink.
I'm getting off it.
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69. Yeah? How's it going?
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70. This is just a beer.
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71. When's the last
time you saw her?
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72. A couple of weeks ago, she
came, she spent the night.
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73. And since then?
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74. My little girl, they
got her all messed up.
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75. And who would "they"
be? Children's Services.
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76. This is her home. I
knew this would happen.
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77. What would happen?
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78. She'd run away because
of Beatrice's boyfriend.
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79. Oh, you don't know?
A guy named Brian.
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80. He'd get drunk and
he'd beat her up.
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81. He got arrested but nothing
ever happened to him.
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82. I complained to
Children's Services but...
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83. they gonna listen to
me? I'm only her mother.
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84. I don't know where she is,
and I don't care where she is.
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85. We heard you cared
enough to slap her around.
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86. Hey. Her mother's lying...
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87. to try to get her back, so she
can collect the welfare check.
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88. She probably
put the kid up to it.
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89. Did she put the DA
up to arresting you?
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90. I'm out on bail. I never
did anything to her.
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91. Your trial's coming up.
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92. Be nice for you if the
star witness disappeared.
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93. I never go near her. That's
one of the conditions of my bail.
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94. I can't even stay over
with my own girlfriend.
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95. You do any laundry
Monday, about 6:00?
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96. I was here until 8:00.
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97. Underneath a Toyota
with a leaky transmission.
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98. They can tell you.
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99. Look, the kid lied.
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100. It runs in the family. You
saw what her mother was like.
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101. Brian never hit her.
She just made it all up.
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102. Yeah, maybe.
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103. I mean, the kid's got this
kind of weird imagination.
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104. She just sits in her room all
day just telling stories to the wall.
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105. I got a hard enough time
getting her out of there...
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106. so she can come
and do her chores.
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107. You smack her yourself once
in a while to give her incentive?
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108. I never touched her.
Brian never touched her.
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109. When he's here, we
got better things to do.
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110. Well, Beatrice, if we start
asking the neighbors...
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111. are we gonna find out that Brian's been
coming around, ignoring his bail order?
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112. Because if he does, he goes straight
to jail, and you lose custody of the kid.
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113. Yeah? Well, that
would be terrible.
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114. Yeah, your check stops coming.
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115. Know how I got Wendy?
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116. I used to get a sandwich at a coffee
shop where her mother was a waitress...
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117. when she could stand up.
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118. We became friends.
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119. She was having trouble
down at Children's Services.
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120. She knew I liked kids.
Peggy gave Wendy to me.
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121. What, was she on the
menu under Live-In Servants?
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122. I'm the best thing that
ever happened to that kid.
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123. Beatrice Hines was
qualified as a foster parent.
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124. The birth mother's consent papers
were in order. They were friends.
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125. Is it departmental policy that
children can be exchanged as gifts?
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126. Peggy Sylvester used to
send her daughter out...
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127. to shoplift cigarettes
and six packs for her.
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128. Moving Wendy out of that environment
was a considerable improvement.
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129. Oh, really? Well, did you ever drop
by and take a look at that foster home?
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130. I investigated the child abuse
report and talked to Wendy in person.
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131. Followed up with a phone call.
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132. I was assured that Brian
Sprague was staying away.
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133. Did Wendy ever talk
about running away?
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134. She did run away once,
about four months ago.
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135. She came back about a day
later. Did she say where she went?
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136. She told me that her
father owned Central Park.
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137. She was going to live in Belvedere
Castle but it didn't work out.
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138. Who is her father?
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139. She has no idea. Her
mother's not too sure, either.
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140. Our teacher's got us putting
these up all over the neighborhood.
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141. Maybe somebody
will recognize her.
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142. Do you think she ran away?
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143. I mean, was she saving
her money up for it?
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144. Beatrice never gave her
nothing, just worked her.
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145. I lent her some of my clothes,
so she wouldn't freeze...
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146. and my mom let her
come over for dinner.
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147. So she never talked
about running away?
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148. Yeah, but there's no way
she would've gone now.
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149. We had a trip to the Museum of
Natural History to see the dinosaurs.
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150. Oh, she liked
that sort of thing?
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151. Yeah, she was
crazy about that stuff.
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152. Did she have any other friends?
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153. You mean real ones?
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154. What, she had some other kind?
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155. Well...
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156. you got to promise you don't tell
nobody, but she wrote letters to Carol.
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157. It's just a made-up somebody...
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158. like there was a big sister
somewhere else that she was writing to.
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159. Well, we might want
to look at those letters.
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160. She didn't want anybody
to know about them.
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161. Well, we won't tell anybody
and it might help us find her.
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162. Her school locker.
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163. Right 23, left 10...
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164. right 14.
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165. Sometimes she writes letters...
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166. sometimes she writes
poems to this imaginary friend.
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167. "Riding a pony in the
snow Another place to go
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168. "Smiling and laughing
on TV Another place to be
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169. "Flying away on a giant beast
With my suitcase in its teeth"
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170. Okay, so we check pony
stables, TV studios, and Big Bird.
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171. Well, somebody liked it.
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172. They wrote, "Excellent work,
Wendy. Very imaginative."
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173. That's great, but it's dark
out, and it's night number three.
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174. Here's more writing in the margin,
spelling and grammar corrections.
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175. Teacher? Yeah.
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176. One she liked enough
to tell her secrets to.
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177. Yes, I recognize the margin
notes. Arnette Fenady.
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178. They must be from last semester.
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179. You can date the ink?
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180. Miss Fenady gave a poetry
workshop for our more gifted students.
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181. Despite Wendy's appearance, and
the fact that she was often exhausted...
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182. and that she had to be
treated for head lice...
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183. she had the potential
to be an A student.
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184. Where is this teacher
now? In class?
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185. No, she's currently
on a leave of absence.
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186. She's a published poet
herself who donates her time.
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187. Would she have gotten
to know Wendy pretty well?
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188. There are only half a
dozen kids in the class.
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189. Practically a 1-1
situation. Ideal.
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190. Ideal how?
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191. Here we have 40
children to a class.
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192. Our school system encourages
these volunteers from the community.
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193. So you'd have her address?
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194. That's terrible. How long
has she been missing?
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195. Since three days ago.
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196. Miss Fenady, if
she did run away...
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197. would you have any idea
where she might have gone to?
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198. No. I just know she
was very unhappy.
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199. Have you talked
to her friend Janel?
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200. Yes, we did.
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201. Did Wendy talk to you
much about her problems?
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202. No, I just had to
read her poems.
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203. What do you mean?
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204. Well, there is a real
survivor's spirit there.
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205. She lives in miserable circumstances
but she never gave up on herself.
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206. Dear God, I hope
she's all right.
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207. Do you have any
children, Miss Fenady?
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208. No. No, I'm not
blessed with children.
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209. Well, it's an awful lot of
house here for one person.
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210. Yes, it's been in the family nearly a
century. I hold poetry workshops here.
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211. So Wendy's been here?
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212. Yes, but I haven't
seen her since last term.
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213. You must give me your number.
There's a chance she might contact me.
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214. She has your phone number? Yes.
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215. All my children do.
Well, we'll be in touch.
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216. If there's anything I
can do. Thank you.
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217. I could have used a few
teachers like her at PS 189.
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218. Oh, yeah? I don't know,
something about her.
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219. What? She donates
her time helping kids.
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220. She gives her phone number to her
students. Why would anyone bother?
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221. What, that makes her
too good to be true?
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222. Hey, humor me, will
you? Let's check her out.
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223. One arrest, February 1990.
Endangering the welfare of a minor.
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224. The charges were dropped,
so the record was sealed.
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225. Which means we can't find
out what the charge was about.
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226. Could be she took her students to the
pony rides, and then some parent panicked.
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227. Well, sealed or not, there's a
file sitting in someone's desk.
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228. I'll call Kincaid. Get her
working on a judge's order.
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229. The clock's running out on this kid.
We don't have time to wait for a judge.
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230. Well, then find out who
the arresting officer was.
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231. Oh, yeah, the rich poet.
You've seen the place she lives?
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232. Yeah, so how did she
endanger the welfare of a minor?
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233. Drinking a sherry while
playing Pick-Up Sticks?
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234. The complaint was from
the parents of a 6-year-old.
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235. One of her little poets.
She tried to kidnap the kid.
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236. Tried how?
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237. She kept her overnight, and then denied
she had her when the parents showed up.
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238. And when you showed up?
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239. She was packing the kid
into her car for a trip upstate.
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240. It was weird. It took us three hours
to get her to admit it wasn't her kid.
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241. Your lecture about your commitment
to children was fascinating.
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242. Why did you leave out
the part about kidnapping?
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243. Well, that's not what I did
at all. I was protecting her.
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244. From what?
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245. Well, Molly was malnourished.
She hadn't had any proper food.
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246. Some people don't
deserve to be parents.
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247. You ever hear of
Children's Services?
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248. Yes, of course. But they
have their procedures.
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249. The child could have died
if I hadn't done something.
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250. And a drive upstate in the middle of
winter, that was going to save her life?
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251. I was frightened
and I overreacted.
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252. But everyone knows I did the right
thing. Molly was placed in foster care.
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253. The charges against
me were dropped.
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254. Which brings us to Wendy.
Is she your latest cause?
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255. I am very worried about her.
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256. Why can't you just
believe that I want to help?
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257. You see a little girl
getting slapped around...
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258. a lot of people would
take her into their home.
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259. Yeah, and those people
usually call the cops.
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260. Well, your hunches aren't
gonna get us a search warrant.
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261. Well, we got the notebooks. Let's see if
there's anything about Fenady in there.
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262. "Flying away on a giant beast
With my suitcase in its teeth"
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263. That doesn't sound
like Fenady to me.
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264. Wait a minute.
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265. "On leather wings, I fly beyond
Atop my friend the pteranodon"
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266. The flying beast is a dinosaur.
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267. So a brontosaurus did it.
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268. No, Fenady's comments are on
this poem, and Wendy's friend said...
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269. they didn't learn about dinosaurs
until a couple of weeks ago.
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270. Fenady said she hadn't seen
Wendy since last term, right?
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271. Flying dinosaurs won't get
you into Fenady's house.
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272. Did you follow up on
the endangering charge?
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273. Yeah, that kid wound
up in a foster home...
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274. and the DA chose
not to indict Fenady.
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275. Yeah, well, they didn't
give her a medal, either.
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276. Let's put her under
24-hour surveillance.
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277. And canvass the neighborhood,
maybe someone saw her with the little girl.
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278. She's a very caring person. She
even donated money to plant trees.
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279. Well, did you ever see
any kids go in there?
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280. All the time. She
loves children.
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281. Last year she built a
whole playroom upstairs.
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282. You get the full tour?
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283. Yes, she's always
remodeling for the kids.
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284. Last month, she had cinder block
and cement in front of her house.
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285. Some of the neighbors complained.
I said, "Come on, it's for the kids."
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286. Speaking of kids, we're looking
for this little girl. She's 10 years old.
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287. Was she around on
Monday? Yeah, I think so.
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288. I saw them coming
out of the car.
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289. Now, are you
positive about that?
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290. I only saw them from the back.
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291. Can't this wait until
after I eat my lunch?
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292. It's about a missing
child, Your Honor.
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293. We have an eyewitness
who saw her with our suspect.
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294. Now, Miss Fenady lied about
the last time she saw the child.
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295. That's this thing here
about the dinosaur?
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296. Once again, Your Honor,
there's a certain urgency here.
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297. Do you want me
to read this or not?
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298. No disrespect, Your Honor.
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299. Your eyewitness is a little iffy. I
don't wanna start a witch hunt here.
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300. I'm gonna limit you
to a look-see warrant.
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301. Mrs. Stavros couldn't
have seen Wendy here.
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302. I'm sure she has the day wrong. I had
children here Sunday for a workshop.
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303. Well, the school said you were
all through with the workshops.
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304. Well, that doesn't mean that
I've stopped helping the kids.
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305. Well, what were you doing
Monday, Miss Fenady?
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306. I was working on my
books. Children's books.
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307. It's better than
Romper Room up there.
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308. I'm sorry it's such a mess. I
don't come down here much.
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309. There's a storeroom in here.
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310. I checked it.
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311. You doing some construction?
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312. The contractor said we needed
a wall to support the playroom.
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313. Look, I know you're doing
your job, but I'm really worried...
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314. about all the time you're wasting
when you could be looking for Wendy.
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315. Just let us worry about
Wendy. We'll be in touch.
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316. Well, her concern is touching.
You still sure she has her?
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317. I hope you guys found something.
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318. I'm not exactly looking forward
to another eight hours out here.
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319. Well, maybe she'll
invite you in for tea.
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320. Well, she knows we're around.
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321. You think if she's got the girl stashed
somewhere, she's gonna lead us to her?
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322. I don't think she's
gonna let the kid starve.
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323. She could already
be dead, Lennie.
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324. Yeah, and she could still
be in that house, okay?
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325. Well, we just searched the
house. We looked around.
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326. That cinder block
wall in the basement.
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327. Fenady said it was for a
playroom built a year ago.
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328. Now, we got neighbors who saw cinder
blocks on the sidewalk a month ago.
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329. You think maybe she's
got a Houdini room?
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330. Well, let's find the contractor and see
what kind of shoe this lady's building.
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331. Miss Fenady? Real good people.
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332. Most people won't let you use the
toilet. She gave us milk and cookies.
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333. You build a bearing
wall in her basement?
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334. Those old brownstones
are overbuilt as it is.
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335. She didn't need any
structural support.
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336. So you never
touched the basement?
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337. No. She asked us about maybe
putting in a maid's room downstairs.
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338. I gave her an estimate but
she never got back to me.
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339. So how long has it been since
you actually did work for her?
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340. About eight months ago.
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341. She ordered some materials
through me last month.
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342. Cinder blocks? Cement?
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343. Yeah, copper pipes,
fixtures, flooring.
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344. All the makings for
a nice, cozy hideout.
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345. This woman has dedicated
her life to the children of this city.
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346. There is no reason you
should be harassing her.
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347. Unless you back off, I'm gonna
slap you with an injunction.
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348. Go for it. Any judge will see
our actions are consistent...
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349. with a normal
police investigation.
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350. You have no idea how
destructive your actions are.
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351. Parents come over with their kids,
they see police cars parked outside.
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352. Neighbors are calling,
asking what's going on.
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353. Miss Fenady's even
gotten calls from the media.
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354. Well, Miss Siegal, you have
your job and we have ours.
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355. As long as Miss Fenady remains a
suspect in the disappearance of a child...
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356. we have no intention
of backing off.
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357. That's your line
in the sand. Fine.
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358. Nice performance. It
is just a performance.
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359. Unless we get some results...
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360. the minute Siegal gets
to a judge, school's out.
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361. Well, before she gets an injunction
we're going to need another search warrant.
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362. Judge Romney's a
defendant's judge.
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363. He might see a second search
as part of a pattern of harassment.
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364. Well, how's he going to see Ms.
Fenady lying to us about her remodeling?
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365. One last time, Miss Fenady.
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366. What's behind that wall?
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367. I don't know. I wasn't
here when they built it.
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368. It's probably nothing.
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369. It could be dead space
on the other side but...
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370. no way through that we can find.
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371. Tommy, tell the press to work from
the other side of the street, all right?
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372. - Strike out up there?
- Nada.
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373. Anything?
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374. Yeah, the walled-off part of the
basement is right under this floor here.
Copy !req
375. Your warrant specifies you're
not allowed to tear anything up.
Copy !req
376. Miss Fenady, how many other
TVs do you have in the house?
Copy !req
377. Two. One upstairs in my
bedroom and one in the playroom.
Copy !req
378. Really?
Copy !req
379. Then why do you have four lines
splitting off from the cable junction here?
Copy !req
380. This line goes right
through the closet floor.
Copy !req
381. You wanna tell me now?
Copy !req
382. Wendy?
Copy !req
383. Are you all right?
Copy !req
384. "Docket number 286721,
People v. Arnette Fenady.
Copy !req
385. "Charges are kidnapping
in the second degree...
Copy !req
386. "custodial interference
in the first degree...
Copy !req
387. "endangering the welfare
of a child in the first degree."
Copy !req
388. How do you plead? Not guilty.
Copy !req
389. People request that the defendant
be held without bail, Your Honor.
Copy !req
390. My client is not
a violent felon.
Copy !req
391. She abducted a 10-year-old girl off
the street and held her in a basement.
Copy !req
392. We don't want to put the
girl at further risk. Your Honor.
Copy !req
393. Save it, Miss Siegal. I have
three of my own. Bail is $250,000.
Copy !req
394. Aren't you on the wrong
side of the plate here, Rose?
Copy !req
395. I thought children's rights attorneys
defended minors, not their abductors.
Copy !req
396. Sometimes defending an alleged abductor
is in the best interest of the child.
Copy !req
397. Miss Fenady took Wendy without
the consent of her legal guardian.
Copy !req
398. We've got our prima facie case.
Copy !req
399. If you're looking
for a deal here...
Copy !req
400. Never crossed my mind. I want
you to drop the case entirely.
Copy !req
401. If you'd look past the
statutes for a second...
Copy !req
402. you'd see that Arnette Fenady
was trying to save that child.
Copy !req
403. Do you have any idea what Wendy's life
was like before she took her to her home?
Copy !req
404. Oh, and it was really improved
by being stuck in a cellar?
Copy !req
405. Look, I know this woman
would never hurt a child.
Copy !req
406. If you have any doubts,
have your experts talk to her.
Copy !req
407. Have them talk to Wendy.
Copy !req
408. I guarantee
you'll see the light.
Copy !req
409. We had pizza with pepperoni,
then she showed me to my room.
Copy !req
410. She said I'd be safe just
as long as no one found out.
Copy !req
411. Did she make you stay in
the room the entire time?
Copy !req
412. No, I came up for a party.
Copy !req
413. What party?
Copy !req
414. A birthday party. She
had a cake for me.
Copy !req
415. It was chocolate
with 10 candles on it.
Copy !req
416. It was your birthday?
Copy !req
417. My birthday's in October.
Copy !req
418. I'll be 11. This was Crystal's.
Copy !req
419. Who's Crystal?
Copy !req
420. I don't know. That's
what it said on the cake.
Copy !req
421. Did Miss Fenady ever hurt you?
Copy !req
422. No.
Copy !req
423. We read poems and played games.
Copy !req
424. Weren't you worried that
Beatrice might miss you?
Copy !req
425. Miss Fenady said I could use
the phone. She said I could call.
Copy !req
426. Did you?
Copy !req
427. Thank you very much,
Wendy. Welcome.
Copy !req
428. If she were mistreated, I don't
think she'd keep it a secret.
Copy !req
429. So Fenady honestly kidnaps
children to save them?
Copy !req
430. Children?
Copy !req
431. Well, she did the same thing
four years ago. A 6-year-old girl.
Copy !req
432. Is there a way I could
interview Miss Fenady?
Copy !req
433. It's possible. I don't think
her lawyer would object.
Copy !req
434. Are you sure you don't
want your attorney present?
Copy !req
435. I don't need my attorney.
Copy !req
436. I don't understand
what all the fuss is about.
Copy !req
437. Wendy was happier with
me. Didn't she tell you that?
Copy !req
438. That's not the point.
Copy !req
439. Her mother, her foster mother...
Copy !req
440. they didn't love Wendy.
Copy !req
441. It's hard for us to
know how they felt.
Copy !req
442. I know how you're
supposed to feel.
Copy !req
443. Have you had those
feelings yourself?
Copy !req
444. God gives people children.
Copy !req
445. And he sometimes
takes them away.
Copy !req
446. How would you know
anything about that?
Copy !req
447. I don't, but...
Copy !req
448. I have a feeling that you do.
Copy !req
449. Did you lose a child?
Copy !req
450. How old would she be now?
Copy !req
451. Ten?
Copy !req
452. It must have been
very painful for you.
Copy !req
453. She was nine months
old when she died.
Copy !req
454. You loved her very much.
Copy !req
455. I'd do anything for her.
Copy !req
456. Just like you'll do for Wendy.
Copy !req
457. You know what they did?
Copy !req
458. Do you know how
they treated her?
Copy !req
459. Nobody treats Crystal
that way, nobody.
Copy !req
460. You know, if you
pray hard enough...
Copy !req
461. sometimes God
answers your prayers.
Copy !req
462. Hell of a world.
Copy !req
463. If she weren't a
fictional character...
Copy !req
464. you'd want to toss Mary
Poppins into the booby hatch.
Copy !req
465. Your client is
mentally ill, Rose.
Copy !req
466. Why? Because she takes an abused
kid off the street and pampers her?
Copy !req
467. Because she thinks
that kid is hers.
Copy !req
468. I'm trying to help
you, Rose. Great.
Copy !req
469. We lock Fenady in a state hospital,
Wendy goes back to another Beatrice Hines.
Copy !req
470. Whatever happens, Miss Fenady is
not going to get custody of the child.
Copy !req
471. No. But the press gets
a whiff of the real story...
Copy !req
472. maybe we re-examine
the foster care system.
Copy !req
473. Your client is Arnette Fenady,
not the needy children of the world.
Copy !req
474. And I'm representing her...
Copy !req
475. with all the zealousness
required by the Canons of Ethics.
Copy !req
476. By sacrificing her for a cause?
Copy !req
477. Hey, I'm going to win this case.
Copy !req
478. I'll tell Arnette of your generous
offer, and I'll see you in court.
Copy !req
479. Rose Siegal called.
Copy !req
480. Fenady would rather spend the rest
of her life in prison than in a hospital.
Copy !req
481. I'm sure she was fully
apprised by her attorney.
Copy !req
482. Well, if the woman doesn't want
to plead insanity, we can't force her.
Copy !req
483. Yeah, but we don't
have to try her.
Copy !req
484. Whether she was
sane at the time that she
Copy !req
485. committed the crime
is for a jury to decide.
Copy !req
486. But whether she's even competent
to stand trial, that's for a judge.
Copy !req
487. We challenge her competency?
Copy !req
488. If she's delusional, she can't
understand the charges against her...
Copy !req
489. and she can't help
in her own defense.
Copy !req
490. Isn't this her attorney's job?
Copy !req
491. That attorney is more
interested in making a point...
Copy !req
492. than helping her client.
Copy !req
493. Miss Fenady is sick. She belongs
in a hospital, not in a prison.
Copy !req
494. Miss Fenady operates in
a world of her own making.
Copy !req
495. A world where
she sets the rules.
Copy !req
496. Does she understand
our rules as they apply...
Copy !req
497. in the legal
proceedings against her?
Copy !req
498. She won't even try.
Copy !req
499. All that matters to
her is her mission...
Copy !req
500. to rescue a girl she
believes is her dead daughter.
Copy !req
501. Nothing else is relevant,
nothing else is real.
Copy !req
502. Dr. Olivet, in your
expert opinion...
Copy !req
503. is Arnette Fenady capable...
Copy !req
504. of understanding her trial...
Copy !req
505. and assisting in
her own defense?
Copy !req
506. No. She's not.
Copy !req
507. Thank you, Doctor.
Copy !req
508. When you interviewed
Miss Fenady...
Copy !req
509. did she know who you were?
Copy !req
510. She knew I was
a psychiatrist, yes.
Copy !req
511. Does she know who I am?
Copy !req
512. She knows. I just
don't think she cares.
Copy !req
513. Isn't there a
difference, Dr. Olivet...
Copy !req
514. between believing the law is
irrelevant and believing it is wrong?
Copy !req
515. Of course.
Copy !req
516. And is a person who believes the
law is wrong incompetent to stand trial?
Copy !req
517. That depends on the person.
Let's take Miss Fenady, then.
Copy !req
518. Doesn't she believe
the law is wrong...
Copy !req
519. because it fails to protect children
while prosecuting those who do?
Copy !req
520. That's part of her
belief system, yes.
Copy !req
521. And isn't she capable of
articulating that belief to you...
Copy !req
522. to me, to a judge, to a jury?
Copy !req
523. Yes.
Copy !req
524. And you are a
board-certified psychiatrist?
Copy !req
525. Yes. I'm on the staff
of Manhattan Hospital.
Copy !req
526. And you examined Arnette
Fenady at my request.
Copy !req
527. Yes.
Copy !req
528. I found her to be passionate
about the well-being of children.
Copy !req
529. Does she hear voices
that tell her how to behave?
Copy !req
530. No. She decides how to behave.
Copy !req
531. In your expert
opinion, Doctor...
Copy !req
532. does Miss Fenady understand
the nature of these proceedings...
Copy !req
533. and the charges against her?
Copy !req
534. She not only understands
them, she welcomes them...
Copy !req
535. as a means to raise public
awareness of the problems of children.
Copy !req
536. Thank you.
Copy !req
537. Doctor, did Miss Fenady
decide to break the law?
Copy !req
538. I believe she did.
Copy !req
539. And did she decide to mistake
Wendy for her dead daughter?
Copy !req
540. Her belief is figurative...
Copy !req
541. an extension of her
passion to save children.
Copy !req
542. You are familiar with the
interview with Dr. Olivet, correct?
Copy !req
543. Where she repeatedly
mistook Wendy for Crystal?
Copy !req
544. She identifies the suffering of other
children with that of her own daughter.
Copy !req
545. It doesn't make her delusional.
Copy !req
546. But if, in fact, Miss Fenady mistook
Wendy for her dead daughter...
Copy !req
547. what is to prevent her from
mistaking any other 10-year-old...
Copy !req
548. for her dead child?
Copy !req
549. By definition, Mr. Stone, a
delusional person will have delusions.
Copy !req
550. I just don't think
that's the case here.
Copy !req
551. Arnette, do you know
what you are charged with?
Copy !req
552. Kidnapping.
Copy !req
553. I rescued Wendy, Your Honor...
Copy !req
554. Just answer your attorney's
questions, Miss Fenady.
Copy !req
555. The charge is kidnapping.
Copy !req
556. But I intend to prove
that I did nothing wrong.
Copy !req
557. How do you intend to prove that?
Copy !req
558. With a trial in public.
Copy !req
559. Then, everyone
will know the truth.
Copy !req
560. But you know that
you could go to jail.
Copy !req
561. Could. Yes.
Copy !req
562. Do you understand
what my function is?
Copy !req
563. You're my attorney.
Copy !req
564. Your job is to make
sure that I get a fair trial...
Copy !req
565. to prove that I
did nothing wrong.
Copy !req
566. Nothing further.
Copy !req
567. Miss Fenady...
Copy !req
568. you don't think that
you did anything wrong...
Copy !req
569. because it was the
will of God, correct?
Copy !req
570. I believe it is God's will that
children not be neglected or abused.
Copy !req
571. Especially your own child?
Copy !req
572. My child died 10 years ago.
Copy !req
573. I did what I did to help Wendy.
Copy !req
574. I have no doubt that the
defendant suffers from a colorful...
Copy !req
575. assortment of
psychological problems.
Copy !req
576. But that's all they
are, problems.
Copy !req
577. Therefore, I am not
convinced under Section 730...
Copy !req
578. that the defendant is
an incapacitated person.
Copy !req
579. The criminal action
against Arnette Fenady...
Copy !req
580. is to proceed.
Copy !req
581. If the judge could
have heard the way...
Copy !req
582. Fenady talked to Olivet.
Copy !req
583. Yeah, well even psychos can act
normal when it serves their purpose.
Copy !req
584. The judge had to go
with what she saw.
Copy !req
585. Not to mention their
expert cancelled our expert.
Copy !req
586. Rose Siegal must be pleased.
Her issue's all over the papers...
Copy !req
587. and she'll have a martyr to the
cause when her client goes to jail.
Copy !req
588. Yeah, if we convict.
Copy !req
589. I'm not even sure I
still want to prosecute.
Copy !req
590. You want that
fruitcake on the street?
Copy !req
591. I want her in a hospital, sir.
Copy !req
592. Well, that option went away.
Judge ruled against you.
Copy !req
593. I can still try to cut a deal.
Copy !req
594. I'll drop it to unlawful
imprisonment.
Copy !req
595. You can drop it to a building
permit violation for all I care.
Copy !req
596. She's not guilty. She
needs help, Rose.
Copy !req
597. No, Ben, the children
of New York need help.
Copy !req
598. Without an insanity defense,
you don't have a case.
Copy !req
599. All I have to do is seat
one mother on the jury.
Copy !req
600. You can play the heartstrings
all you like, but the fact remains...
Copy !req
601. that your client took Wendy Sylvester
off the street, held her in a place...
Copy !req
602. that she was not likely to be found.
Read the statute. That's kidnapping.
Copy !req
603. For the past two years, Wendy's
legal guardian has been Beatrice Hines.
Copy !req
604. But at any time did
the defendant ever...
Copy !req
605. have custody, guardianship,
or any legal right...
Copy !req
606. or authority over
Wendy Sylvester?
Copy !req
607. No.
Copy !req
608. Now, when Wendy was under
the care of Beatrice Hines...
Copy !req
609. did you ever hear complaints
about Wendy being abused?
Copy !req
610. Wendy's homeroom teacher
called Children's Services.
Copy !req
611. She said that Wendy was
coming to school with bruises.
Copy !req
612. We investigated and took what we
considered to be appropriate action.
Copy !req
613. Did anyone else from the school
ever contact you about her condition?
Copy !req
614. The school nurse, about
the same time as the teacher.
Copy !req
615. But what about Arnette Fenady?
Copy !req
616. Did she ever voice
her concern to you...
Copy !req
617. about the condition
of Wendy Sylvester?
Copy !req
618. Until she was arrested, I had
never heard Miss Fenady's name.
Copy !req
619. Thank you.
Copy !req
620. Your witness.
Copy !req
621. Your investigation of Wendy's case
found that she had been beaten...
Copy !req
622. that she was left unattended...
Copy !req
623. unfed, unbathed, barely clothed.
Copy !req
624. Is that correct? Yes.
Copy !req
625. And what is this appropriate
action that you took?
Copy !req
626. Miss Hines' male
companion was arrested...
Copy !req
627. and placed under judicial
order to stay away from Wendy.
Copy !req
628. Was that order effective?
Copy !req
629. I don't know.
Copy !req
630. Why didn't you move Wendy
to a safer environment?
Copy !req
631. Suitable households are
hard to find. It takes time.
Copy !req
632. So while you looked...
Copy !req
633. your appropriate action was
to leave this 10-year-old girl...
Copy !req
634. in an unsuitable household?
Copy !req
635. You have to understand...
Copy !req
636. compared to a lot of the
cases that we handle...
Copy !req
637. Wendy Sylvester
was relatively well-off.
Copy !req
638. Really?
Copy !req
639. Thank you.
Copy !req
640. No, I never met Miss
Fenady in person.
Copy !req
641. She called the house a
bunch of times to talk to Wendy.
Copy !req
642. She sounded like
a weirdo. Objection.
Copy !req
643. Sustained.
Copy !req
644. Jury will disregard
that last remark.
Copy !req
645. Did Miss Fenady ever tell you
why she wanted to talk with Wendy?
Copy !req
646. Yeah. She said it
was about her poetry...
Copy !req
647. but I think she was
calling to check up on us.
Copy !req
648. Miss Hines, why do you say that?
Copy !req
649. Because one time, she just ragged
on the way I was raising Wendy.
Copy !req
650. She said that I wasn't
fit to be a mother.
Copy !req
651. But did you ever, at any time,
give Arnette Fenady permission...
Copy !req
652. to take Wendy?
Copy !req
653. No. Never.
Copy !req
654. Fine. Thank you.
Copy !req
655. Miss Hines, how many times
have you left Wendy alone all night?
Copy !req
656. I work nights. I got no choice.
Copy !req
657. Fair to say it was more
times than you can count?
Copy !req
658. Look, she's a smart one.
She can take care of herself.
Copy !req
659. But you didn't even know she was
missing until the police notified you.
Copy !req
660. What do you expect
from me? I gotta work.
Copy !req
661. No more questions.
Copy !req
662. Court will recess until
tomorrow morning.
Copy !req
663. We set them up, Siegal
just knocks them down.
Copy !req
664. I doubt if Wendy
will fall as easily.
Copy !req
665. I have one more prep
session with her this evening.
Copy !req
666. When I got into the car,
she told me to lie down.
Copy !req
667. Then she put a blanket over me.
Copy !req
668. Did she say why?
Copy !req
669. She said that Brian
was looking for me...
Copy !req
670. and that he wanted to hurt me.
Copy !req
671. And you believed
her? He hurt me before.
Copy !req
672. You know, what happened
when you got to her house?
Copy !req
673. You already asked me that.
Copy !req
674. Can we stop now?
Copy !req
675. Okay. I guess we've done enough.
Copy !req
676. How old were you when you
decided to become a lawyer?
Copy !req
677. I don't know. Maybe
in high school.
Copy !req
678. Bet you had all A's.
Copy !req
679. No, I got B's in Art.
Copy !req
680. I want to be a writer. Or maybe
a scientist, like a paleontologist.
Copy !req
681. Anything but a mother.
Copy !req
682. Having kids sucks.
Copy !req
683. You know, Wendy...
Copy !req
684. it doesn't always
have to be that way.
Copy !req
685. So after I answer all those
questions tomorrow, what'll happen?
Copy !req
686. The jury will decide if Miss
Fenady did anything wrong.
Copy !req
687. And if they say she did?
Copy !req
688. That'll be up to the judge.
Copy !req
689. I was at the laundry.
Copy !req
690. It's my job to do the
laundry for Beatrice.
Copy !req
691. And did you finish the laundry?
Copy !req
692. No.
Copy !req
693. I went to Miss Fenady.
Copy !req
694. Wendy...
Copy !req
695. let's back up a little bit here.
Copy !req
696. Before you got to Miss
Fenady's, what happened?
Copy !req
697. I was on the subway.
Copy !req
698. Your Honor, permission
to lead the witness.
Copy !req
699. Objection, Your Honor.
Copy !req
700. I'm going to allow some
latitude on this, Miss Siegal.
Copy !req
701. Wendy, do you remember
telling the police...
Copy !req
702. that Miss Fenady picked you
up in a car at the laundromat?
Copy !req
703. No.
Copy !req
704. I took the subway.
I was running away.
Copy !req
705. Miss Fenady said I could
stay as long as I wanted.
Copy !req
706. Wendy, isn't it true...
Copy !req
707. that Miss Fenady
drove you to her home...
Copy !req
708. and locked you in an
underground room?
Copy !req
709. Your Honor, the
District Attorney gets...
Copy !req
710. to ask the questions
not answer them.
Copy !req
711. She's right, Mr. Stone.
That's enough.
Copy !req
712. Can we adjourn to
chambers, Your Honor?
Copy !req
713. She lied, Your Honor. Why?
Copy !req
714. Because she's not saying
what you want to hear?
Copy !req
715. Because she's saying
what you want her to say.
Copy !req
716. If you're accusing Miss Siegal
of subornation, counselor...
Copy !req
717. you're gonna need
a little more proof.
Copy !req
718. Your Honor, Wendy told
me numerous times in prep...
Copy !req
719. that Miss Fenady
picked her up in her car...
Copy !req
720. covered her with a blanket
so no one could see...
Copy !req
721. and took her to her house.
Copy !req
722. That might make her the first kid
ever to tell a fib to please an adult.
Copy !req
723. Your Honor, if I
could just talk with her.
Copy !req
724. Be my guest, if you want to be
disbarred for tampering with a witness.
Copy !req
725. She's still on the stand.
It's okay, Your Honor.
Copy !req
726. If Mr. Stone is finished
questioning Wendy...
Copy !req
727. I certainly don't plan
on cross-examining her.
Copy !req
728. Talk all you like.
Copy !req
729. Wendy, I know you know the
difference between a truth and a lie...
Copy !req
730. and what you did
in court was lie.
Copy !req
731. You told me what
really happened.
Copy !req
732. I said Miss Fenady
never hurt me.
Copy !req
733. Not like Brian did.
Copy !req
734. But you want to put her in jail.
Copy !req
735. No, we want to get
her help, Wendy.
Copy !req
736. You think she's crazy. Why?
Copy !req
737. Because she took care of me?
Because she wants to adopt me?
Copy !req
738. She told you that's
what she wants to do?
Copy !req
739. Yeah.
Copy !req
740. But she's gotta be
nuts to want me, right?
Copy !req
741. No, Wendy, she's gotta be
nuts to think you're not Wendy...
Copy !req
742. to think you're someone else.
Copy !req
743. Surprised by our own
witness, the victim.
Copy !req
744. The jury's wondering
what the hell we're doing.
Copy !req
745. You said she was prepared.
Copy !req
746. It isn't Claire's fault. The
girl willfully committed perjury.
Copy !req
747. So what do we do,
indict a 10-year-old?
Copy !req
748. We could put her back on the stand
and treat her as a hostile witness.
Copy !req
749. And the jury sees us
putting words in her mouth.
Copy !req
750. Rose Siegal is gonna love that.
Copy !req
751. Might as well send a car
and drive Fenady home.
Copy !req
752. It's not fatal. We established
our case with the other witnesses.
Copy !req
753. And the jury remembers that, after
they wipe the tears from their eyes.
Copy !req
754. Wendy Sylvester was passed
on by a mother who didn't care...
Copy !req
755. and passed over by a
system that should have.
Copy !req
756. Arnette Fenady could
not watch this neglect.
Copy !req
757. She believed that
Wendy would not survive.
Copy !req
758. Rather than turn a blind
eye, she did what, I believe...
Copy !req
759. most of us have the
urge to do, get involved.
Copy !req
760. The law provides for the
Arnette Fenadys of this world.
Copy !req
761. It allows that otherwise
illegal conduct is justified...
Copy !req
762. if it saves a child's life.
Copy !req
763. She could have called the
police, but instead she lied to them.
Copy !req
764. She could have called
Children's Services, but instead...
Copy !req
765. she evaded them.
Copy !req
766. So Miss Fenady's
so-called good intentions...
Copy !req
767. were, in fact, just deceit.
Copy !req
768. Fortunately, no harm
came to Wendy Sylvester.
Copy !req
769. But what about the next time?
Copy !req
770. We live in a society
bounded by law...
Copy !req
771. and there is a system, and
it does work. Not perfectly...
Copy !req
772. and not in every case.
Copy !req
773. But those of you...
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774. who care for children, you
must ask yourself this question:
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775. Do you want the Arnette
Fenadys of this world...
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776. to judge the
quality of that care?
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777. And if she judges
that care as lacking...
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778. and your child is removed
and hidden from you...
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779. to whom do you
appeal that judgment?
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780. As to the first count
of the indictment...
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781. kidnapping in the second
degree, how do you find?
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782. "Not guilty."
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783. As to the second count...
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784. custodial interference in the
first degree, how do you find?
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785. "Not guilty."
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786. As to the final count,
endangering the welfare of a child...
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787. how do you find?
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788. "Not guilty."
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789. So say you all?
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790. Court is adjourned.
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791. Arnette Fenady applied for
custody of Wendy Sylvester.
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792. She must be crazier than we thought.
No way a court grants her application.
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793. No way she was supposed
to be acquitted, either.
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794. What kind of mother
could she possibly be?
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795. For Wendy's sake,
I hope a good one.
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