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. I've been a bad boy.
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7. Hey, guys. Midnight House. A good
place to stay, a meal. Check it out.
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8. Hola, Lola.
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9. Como esta?
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10. Fun to say, no?
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11. How about taking a night off?
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12. No nights off for me, honey.
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13. I'll see you at soup
kitchen tomorrow.
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14. Yeah, yeah. Go away,
Padre. You're bad for business.
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15. Here you go. Father Jack. I'm at
Midnight House. Drop on by anytime.
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16. Guys. Father Jack, Midnight House
Shelter. Get you off the street tonight.
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17. We got a soup kitchen
tomorrow. Come on by.
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18. Hey, Midnight House Shelter.
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19. You come down. Come on by?
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20. Thanks, man.
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21. Hey, you too, kid.
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22. Hey, would you get a cop?
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23. For God's sakes, the
kid's dying. Get a cop, now.
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24. I'm out here every
night. I know a lot of them.
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25. What about this one?
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26. Greyhound pulls in every 10
minutes. There's always a new face.
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27. Running from worse than
this, if you can imagine.
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28. You got any kids we can talk to?
Maybe they've seen him around.
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29. Well, the regulars pass up the bed,
but they come by tomorrow for food.
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30. They don't pass up a free meal.
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31. All right. Can you
stick around, Father?
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32. Thank you.
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33. Looks like he had a
rough night, doesn't it?
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34. Kid was beaten to a pulp.
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35. Broken ribs, massive
internal bleeding.
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36. My guess, somebody's
pretty handy with his feet.
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37. Johnny Doe. No wallet, no ID.
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38. Gets off the bus from Plattsburgh,
and it's welcome to the Big Apple.
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39. No, no, he's not an
import. He's a local.
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40. Look, student bus pass.
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41. Working his way through school.
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42. When I was a kid and wanted extra
lunch money, I delivered groceries.
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43. Hey, tips wouldn't buy
what he had on his feet.
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44. Air Max. $130 a pair.
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45. They still don't make
you run fast enough.
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46. I just said, I don't know him.
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47. I ain't seen him.
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48. I ain't even heard
of him, all right?
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49. Well, why don't you start by
looking at the picture, okay?
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50. Man, I don't know him.
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51. Look, we don't catch this guy,
next time this could be you, honey.
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52. My tricks like little girls. Little boys,
that's a whole other kind of freak.
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53. Give me a break, would you?
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54. 'Cause, you know, the Father here
tells me you're on the corner every night.
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55. Now a good-looking new kid on the
block, I think you're gonna notice him.
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56. Only if he's flashing jack
and wants a date with me.
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57. Other than that, I'm
strictly for the girls.
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58. Sorry you got your hopes up.
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59. I tell the young dudes "never
work solo." It's just not safe.
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60. Mr. Brown rolls in from the
suburbs, all buttoned down.
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61. Once he gets your little butt
in the saddle, he cuts loose.
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62. This is what happens.
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63. This kid get your warning?
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64. I don't know him from Eve, and,
baby, Lewis knows everybody.
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65. I'll tell you this, though. Looks
like he was in the rough trade.
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66. Specialty acts need
management, huh?
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67. Got that right.
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68. So you got a name for me, Lewis?
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69. Honey, if they're cruising for a
bruising, they work for Mr. Clyde.
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70. Sounds like you got
his beeper number.
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71. Not this child. Pain pays,
but see where it gets you.
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72. Check it out, check it out.
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73. Check it out, Manhole.
Check it out, man. No.
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74. Manhole, check
it out, sir. Man...
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75. No cover charge
for the men in blue.
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76. We're not here for the
show. You know a Mr. Clyde?
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77. He's the man, right there.
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78. Check it out. Manhole. Hey,
sir, don't be shy. Come on in.
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79. Kid's not old
enough to be in here.
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80. I'm not old enough
to be in here.
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81. Hey. We're looking for Clyde.
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82. Mike, don't touch anything.
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83. Hey, I'm all paid
up at the precinct.
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84. I'm not laughing, Clyde.
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85. What do you want from me?
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86. I run a legitimate business
for patrons of the dance.
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87. Any of your patrons
dance on this kid's face?
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88. Oh, shucks. The
party got out of hand.
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89. Let me know where
to send flowers.
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90. Hey, clown...
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91. just for laughs, we're gonna
lock you up for child prostitution.
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92. And you won't last five minutes.
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93. They'll be sending
flowers to you, cowboy.
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94. Hey, I deal only with
consenting adults.
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95. What, do you check
their driver's license?
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96. Matter of fact, yeah.
You know different?
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97. Take a nice, long look.
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98. No. I never seen him. I told you before,
I don't handle that end of the business.
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99. It ain't worth the trouble.
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100. Yeah, well, I think you better come along
with us, while we check your references.
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101. I'd put the kid at about 13, 14.
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102. Time to worry about pimples
and Debby from next door.
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103. He had more pressing concerns.
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104. Cracked ribs, punctured
lung, ruptured spleen.
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105. He was hemorrhaging
from almost every organ.
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106. How long could he
walk around like that?
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107. Slow rate of seepage?
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108. A couple of hours.
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109. Priest said he found
him a little after 11:00.
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110. Beating at 9:00, film at 11:00.
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111. Listen, we think the kid might
have been working the street.
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112. Really? Doing what,
selling newspapers?
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113. Saw no evidence
of sexual activity.
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114. No fluids, no tearing of tissue.
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115. What about his
wounds? Anything kinky?
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116. Just your normal
blunt-force wounds.
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117. Then I guess we have to
let the choreographer go.
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118. Somebody on the street
had to know that kid.
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119. I doubt he was
sleeping in any alley.
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120. How many runaways do
you know eat string beans?
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121. Kid had a full belly.
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122. Meat, potatoes,
string beans, milk.
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123. When I was his age, the only place I
ever saw string beans was at home.
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124. What about the
Father's soup kitchen?
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125. No, we checked the menu. They had
soup and sandwiches three days running.
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126. He lives at home. His parents
should have called 911 by now.
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127. Missing Persons doesn't have
anyone matching this description.
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128. We sent photos
to every precinct...
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129. you know, in case the
parents happened to walk in.
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130. No hits.
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131. It's been 48 hours. I'm sure they
would have noticed he's missing.
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132. Unless they're the
reason he's lying on a slab.
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133. I mean, if they were
smacking him around...
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134. maybe they didn't care
where he crawled off to die.
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135. You said the kid had
a school bus pass.
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136. No name on it.
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137. My kids' passes are good only on
the lines that take them to school.
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138. What was his, the
Lower East Side? Yeah.
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139. Start with the junior highs.
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140. Look, I'm telling you,
the faces, they go right by.
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141. Well, maybe if you checked your
attendance records for the past two days.
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142. You're making a joke, right?
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143. You name the day, at least
20% of my students are absent.
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144. Look, lady, this one
isn't coming back.
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145. Now look at him. Two nights ago,
we found him dead on the sidewalk.
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146. We'd like to give him a name.
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147. I'm sorry.
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148. We have over 2,000 students.
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149. Maybe one of the homeroom
teachers will recognize him.
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150. So long, Mrs. Chips.
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151. If this kid had trouble at home,
I bet he was trouble at school.
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152. Maybe in line for a little
individual attention, huh?
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153. They used to send me
to the guidance counselor.
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154. John Lasky.
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155. One of my regulars.
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156. Not exactly the
teacher's pet, huh?
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157. John got an A in energy.
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158. Non-stop motion.
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159. Mouth like the Grand Canyon.
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160. Got him in trouble
on a daily basis.
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161. Off the record, the
kid cracked me up.
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162. Where'd he get his
chuckles after class?
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163. I think he lived
in the Alphabets...
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164. with his mother and her boyfriend.
I might still have the address.
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165. Might?
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166. You don't hear from a kid for a couple
of days, you gonna throw out his records?
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167. Forty kids in a class is
about all we can handle.
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168. Johnny was transferred...
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169. at the end of last year.
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170. Hey, what can I tell you?
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171. The bitch moved out.
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172. I don't know, two,
three months ago.
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173. And you're still
carrying the torch, huh?
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174. Tori was a piece, you know?
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175. But the brat, forget about
it. I had a theory about him.
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176. What's going on, Zack?
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177. We got company,
what does it look like?
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178. Hey, Delia, you want to
cover your butt, or what?
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179. I gotta go pee.
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180. So, you were saying,
about your theory?
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181. Half the reason she got
strung out was 'cause of him.
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182. Kid couldn't sit
still. Drive you nuts.
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183. So the kid drove you nuts, and you
gave both of them the boot, huh, Zack?
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184. Hey, I gotta go out of town with the
band, come back, find her out of her head?
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185. How long do I gotta
put up with that?
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186. Yeah. So everybody's partying...
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187. and Johnny's gonna
take care of Johnny?
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188. What do I look like,
the Partridge family?
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189. When they hit the
road, where did they go?
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190. If I knew that, I wouldn't
be stuck with her bills.
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191. If you had to
guess... I don't know.
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192. Maybe...
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193. I heard she was back in rehab.
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194. Daybreak Village,
out on the Island.
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195. I didn't have nothing
in the world, but Johnny.
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196. Nothing.
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197. Those bastards...
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198. They kidnapped him. Who did?
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199. Child Welfare. They ripped him out
of my arms and put him in foster care.
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200. Maybe they were afraid you'd
stick a needle in his arm by mistake.
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201. I would never...
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202. I would never hurt
him. Not in a million...
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203. I'm here 'cause of him.
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204. They wouldn't give him
back, unless I got clean.
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205. You know where he was living?
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206. No, why would they tell
me? I'm only the mother.
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207. I might steal him or something.
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208. They said I was too dangerous.
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209. And look what they did to him.
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210. First day on the job, they dumped
Johnny Lasky on my desk...
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211. along with 28 other members
of the Oliver Twist club.
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212. He told me I was his sixth
caseworker in 10 years.
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213. Just what every kid
needs, consistency.
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214. They tell me a couple more
years, I'll be ready to quit, too.
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215. These kids can tear
your heart in half.
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216. Looks like the damage
goes both ways.
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217. He tested positive
for heroin at birth.
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218. Johnny never had a chance.
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219. Well, putting him on the foster care
merry-go-round didn't improve the odds.
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220. Just because she has the right plumbing
didn't make Tori Lasky fit to be a mother.
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221. Yeah, we had the
pleasure of meeting her.
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222. Two months ago, Johnny showed
up for class every shade of purple.
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223. Don't tell me, the boyfriend
used him for a drum solo.
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224. Poor kid was too scared to say.
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225. Anyway, Johnny went into foster
care, and Tori went into rehab.
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226. You know the rest. Not quite.
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227. We'd like to see
the foster parents.
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228. Sure.
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229. We put him in with Flo Bishop.
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230. He lucked out. She's terrific.
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231. She knew Johnny
was a hard case...
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232. but she didn't mind.
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233. Yeah. She also didn't mind
him being missing for three days.
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234. Thanks.
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235. I take good care of my boys.
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236. I never even let
them go out alone.
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237. And if one of them forgets to
come home, you don't report him?
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238. I was sure he would be back.
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239. Look, I report him, they
transfer him to a group home...
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240. that's no better than a prison.
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241. Well, it's better than a
morgue, don't you think?
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242. I had no way of knowing.
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243. I try to provide for these
boys some kind of stability.
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244. I thought Johnny was
making real progress.
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245. He went to a 6:00
show at the movies.
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246. He went with two of the
other boys, Chris and Andy.
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247. On the way home, they
turn around and he's gone.
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248. Would they have any
idea where he went?
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249. No. They just said he took off.
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250. I could guess. I mean, usually
when the boys run away...
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251. they go back to their parents.
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252. Hoping Mom and Dad
get their act together.
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253. And then in a day or two,
they come back to me.
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254. And they never run away again.
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255. Two hours of watching Van
Damme makes you hungry.
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256. So around 8:00, you
stopped for food, right?
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257. Yeah, we did. But Johnny...
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258. We go to get a slice on Dyckman and
he's beamed up, like some UFO grabbed him.
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259. How about it, Andy? He say
anything to you before he left?
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260. Nothing.
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261. He just booked...
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262. like Chris said.
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263. Maybe he got homesick.
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264. I don't know. No, the
way Johnny told it...
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265. home was what made you sick.
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266. That guy his mom
shacked up with...
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267. a real jerk.
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268. Enough of a jerk to hit Johnny?
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269. What else is new?
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270. I never laid a hand on him.
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271. Never.
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272. Then what, two months
ago he fell in the bathtub?
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273. It was between me and Tori.
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274. He got in the way.
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275. Yeah, and he walked
right into your fists.
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276. It's Friday night, Zack...
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277. you must've been really ticked
off when the kid showed up, huh?
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278. I told you, I wasn't there.
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279. I was doing a gig in Jersey.
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280. Don't get us wrong.
We understand.
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281. The little brat...
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282. he got in the way of
the scene with his mom.
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283. Hey, you guys are nuts.
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284. I ain't saying anything
till I get a lawyer.
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285. His alibi checks, if you squint.
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286. The club manager in Bayonne
said the band hit the stage at 11:00.
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287. He can't remember what
time Zack showed up.
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288. Look, we're not
ready to cut him loose.
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289. This creep could have beat
the kid and made the show.
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290. You said he had a girlfriend?
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291. Yeah, just this side of jailbait.
She's a waitress downtown.
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292. Check her timecard
for last Friday.
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293. I stayed home Friday
night. I was sick.
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294. Stomach flu.
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295. Did Zack stick around to
make you chicken soup?
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296. I don't need his help
to puke my guts out.
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297. He left around 8:00.
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298. Why don't you just ask him?
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299. You say he left around 8:00. He
didn't get to club till about 11:00.
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300. It doesn't take three
hours to get to Bayonne.
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301. So maybe he stopped
to tune his guitar.
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302. Delia, if you're lying to protect him,
that makes you an accomplice to murder.
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303. You mean that kid?
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304. Are you out of your mind?
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305. What about these
bruises on your arm?
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306. Are those hallucinations, too?
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307. Does he always
talk with his fist?
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308. Johnny Lasky was at the
apartment last Friday, wasn't he?
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309. Yeah.
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310. I didn't tell Zack,
'cause he'd just get mad.
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311. So he didn't know?
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312. About an hour after he left...
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313. I heard someone at the door, like
they were trying to get a key in a lock.
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314. And I heard kids whispering.
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315. Could you tell how many there
were? I don't know, a couple.
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316. I guess they must've heard me, 'cause I
saw the one kid, Johnny, running away.
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317. You'd seen him before?
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318. Yeah.
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319. Hey, you know,
about four weeks ago...
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320. someone ripped off
some of our equipment.
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321. No breaking, just entering.
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322. Zack figured it was his ex.
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323. We changed the locks.
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324. No one ever
thought about the kid.
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325. Now, if she's telling the truth, it
means the angels with dirty faces aren't.
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326. Thieves who lie,
color me shocked.
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327. Yeah. No, go ahead.
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328. Uh-huh.
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329. Anything else?
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330. All right, thanks.
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331. Johnny's little foster
brother, Chris Pollit...
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332. did time at Spofford.
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333. Now, his records are sealed...
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334. but he had some months
added on for bad behavior.
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335. So let's go rattle their cages.
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336. Come on, Chris...
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337. we know you weren't eating
pizza on Dyckman Street that night.
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338. You were at the other end of
town, with your friend Johnny.
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339. Wasn't me. We got a
witness who puts you with him.
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340. Maybe Johnny was hanging out
with his Lower East Side homeboys.
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341. Hey, Kreskin...
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342. how did you know he was
on the Lower East Side?
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343. You said. Nobody said.
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344. Well, somebody
did, 'cause I heard it.
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345. It's getting tough keeping
all the lies straight, isn't it?
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346. Look, kid, we don't care
about your little burglary, okay?
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347. And we don't care that
you went back for seconds.
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348. All we're interested in is what
happened after you left Zack's apartment.
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349. Yo, Brylcreem, why don't you and
Captain America go blow it out your butt?
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350. I can tell when my son's lying.
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351. You're pretty good at it.
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352. I'll bet you put a lot
over on your mom, huh?
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353. She's passed out most times.
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354. How about Mrs. Bishop?
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355. She easy to fool?
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356. You know, it says on your
sheet you stayed with her...
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357. four times in the past six years.
She must know you pretty well.
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358. Anybody thirsty?
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359. Andy here was telling me how
much he likes staying at Mrs. Bishop's.
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360. Oh, yeah?
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361. That's too bad...
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362. 'cause his friend Chris just
finished telling us that Mrs. Bishop...
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363. fenced the sound equipment that
him and his buddy Johnny stole.
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364. Really? Yeah. You sure?
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365. Yeah, seems Johnny
was gonna rat on them...
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366. and the old lady had him killed.
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367. Murder...
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368. trafficking in stolen goods...
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369. delinquency of minors.
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370. That's pretty serious stuff.
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371. He's lying.
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372. She don't have
nothing to do with it.
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373. He's the one.
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374. Better get the foster
mother down here.
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375. And someone from
the D.A.'s office.
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376. Okay, from the beginning, Andy.
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377. Johnny thought that if he
could get up some money...
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378. him and his mother
could afford an apartment.
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379. And the first time in Zack's
apartment, you were with him?
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380. He still had his old
key. It was easy.
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381. But the second time,
you ran into problems.
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382. It was a bad idea.
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383. But Johnny...
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384. he needed the money...
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385. and there wasn't any
left from the first score.
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386. What, did he have
holes in his pockets?
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387. It was Chris.
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388. He was supposed
to fence the stuff.
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389. Instead, he spent it...
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390. on clothes, and boots...
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391. shades, junk like that.
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392. So what happened Friday night?
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393. Well...
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394. we heard someone
inside, and we took off.
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395. Then Chris blamed Johnny...
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396. and they started to fight.
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397. Chris went nuts. I mean, I
never seen him like this before...
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398. and kicked the hell out of him.
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399. He had this look in his eyes...
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400. like he wasn't even there.
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401. Then after we left...
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402. he was shaking all over.
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403. He was in his own zone.
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404. Even I was afraid
to look at him.
Copy !req
405. And, I mean, my dad used
to beat me all the time...
Copy !req
406. but I've never seen
anything like that.
Copy !req
407. Look...
Copy !req
408. I'm the first to admit this
kid is no Andy Hardy...
Copy !req
409. but if he's tried as a juvenile, at
least there's a hope of rehabilitation.
Copy !req
410. He brutally murdered
his friend, Helen...
Copy !req
411. and you want me to send
him to his bed without dinner?
Copy !req
412. The state tried that
once. It didn't work.
Copy !req
413. If he's over 14 years of age, the
presumption is he's tried as an adult.
Copy !req
414. And we both know that that
presumption is rebuttable.
Copy !req
415. I'm just asking for
compassion, Ben.
Copy !req
416. He's a kid, for God's sake.
Copy !req
417. So was John Lasky.
Copy !req
418. I'll see you at the hearing.
Copy !req
419. By the way, it's been
assigned to Judge Kershan.
Copy !req
420. Judge Kershan?
Copy !req
421. She spent at least six years...
Copy !req
422. as Chairman of the Bar Association
Committee on Children's Rights.
Copy !req
423. It's not easy to get a case
remanded to Family Court.
Copy !req
424. The burden's still
on the defense.
Copy !req
425. Well, the burden just
got a lot lighter for them.
Copy !req
426. So we better find out all there
is to know about young Mr. Pollit.
Copy !req
427. You actually expect me to
help you send Chris to jail?
Copy !req
428. He murdered John. I can't
imagine you wanting to protect him.
Copy !req
429. Maybe it's time somebody did.
Copy !req
430. I'd like to protect
him from his mother...
Copy !req
431. who rented the boy out by
the hour to some pervert...
Copy !req
432. when hooking didn't bring in
enough money to pay her rent.
Copy !req
433. And how about those
doctors at Bellevue...
Copy !req
434. that doped the boy up on
Thorazine for over a year?
Copy !req
435. And those three foster
families, lovely people, they were.
Copy !req
436. Took him in and used the
stipend for big TV screens...
Copy !req
437. and trips to Aruba, while the
boy had barely enough to eat.
Copy !req
438. So you don't think he
should be punished?
Copy !req
439. I think he's been
punished enough.
Copy !req
440. I lived with him.
Copy !req
441. I had dinner with him.
Copy !req
442. I got the boy ready for school.
Copy !req
443. I don't know what snapped...
Copy !req
444. but I do know that's
not all there is to Chris.
Copy !req
445. What can you tell me
about his year at Spofford?
Copy !req
446. Miss Kincaid...
Copy !req
447. I have a toaster. It breaks, I
don't toss it into the trash can.
Copy !req
448. I call the repair man.
Copy !req
449. I'm not suggesting...
Oh, I know...
Copy !req
450. you only have his
best interests in mind.
Copy !req
451. But if Chris Pollit goes to Attica, you
and I both know he's not coming out.
Copy !req
452. The judge sealed the records.
Copy !req
453. Why should I tell you anything?
Copy !req
454. So he stepped in it bad.
Copy !req
455. Should I be surprised?
Copy !req
456. Maybe not. Your son did
spend a year in Spofford.
Copy !req
457. A year?
Copy !req
458. I guess they're right.
Parents are the last to know.
Copy !req
459. If you haven't noticed, Chris
is not my problem anymore.
Copy !req
460. Was he ever?
Copy !req
461. What do you think, just 'cause I didn't
go to Miss Porter's I didn't love my kid?
Copy !req
462. Well, the state found it necessary
to take him away from you.
Copy !req
463. I left him alone for a
couple of hours a day.
Copy !req
464. Some pervert downstairs gets
ahold of him, that's my fault?
Copy !req
465. Where's his father?
Copy !req
466. Jack's in lovely downtown
Attica for another 5-to-15.
Copy !req
467. Look, maybe I
screwed up with Chris.
Copy !req
468. What did I know about
kids? I was a kid myself.
Copy !req
469. And now you know better.
Copy !req
470. I got as much right to be
a mother as anyone else.
Copy !req
471. And what right
does your kid have?
Copy !req
472. You got an education. You
got a job. This is all I got.
Copy !req
473. Nobody's taking this
baby away from me.
Copy !req
474. When I was 14 years
old, I had a fight...
Copy !req
475. with Joe Dworkin. I pushed him.
Copy !req
476. He retaliated by throwing
my Spaldine down the sewer.
Copy !req
477. Kids killing kids.
Copy !req
478. You bounce around the system
long enough, you grow up a lot quicker.
Copy !req
479. Meaning what?
Copy !req
480. If his mother's any indication,
he never had a chance.
Copy !req
481. And the system only
made the problem worse.
Copy !req
482. He had four years
with Florence Bishop.
Copy !req
483. She's the best the system has to
offer. It didn't make any difference.
Copy !req
484. And for all we know, this
may be his first violent offense.
Copy !req
485. Well, why does our Mr. Pollit
deserve two bites at the apple?
Copy !req
486. Because he's not
even 15 years old.
Copy !req
487. Okay, find a way
to open the kid's file.
Copy !req
488. If his first offense
was non-violent...
Copy !req
489. let Helen Brolin do her song
and dance in Family Court.
Copy !req
490. I thought your job was
putting the bad guys in jail.
Copy !req
491. I just want to make sure
he goes to the right jail.
Copy !req
492. From what I've read, Chris Pollit should
be riding the ferry on the river Styx.
Copy !req
493. Seems you're getting a little
soft in your old age, Claire.
Copy !req
494. Seems you're getting
a little callous in yours.
Copy !req
495. Hey, I'm a lawyer,
not a social worker.
Copy !req
496. I represent the little buggers.
Doesn't mean I have to like them.
Copy !req
497. Tell me about youthful
offender hearings.
Copy !req
498. Sure. That's where we dress
them up in their Sunday best...
Copy !req
499. clean their fingernails...
Copy !req
500. and teach them to
cry a lot while saying:
Copy !req
501. "I didn't do it, and I
swear I won't do it again."
Copy !req
502. Can we introduce priors?
Copy !req
503. An often overlooked
statute requires...
Copy !req
504. that the judge consider
all relevant factors...
Copy !req
505. even if they're not
admissible at trial.
Copy !req
506. Even if the records are sealed?
Copy !req
507. Anything goes, as long as it bears on the
little angel's history and or character.
Copy !req
508. And the best part, none of
it can later be used at trial.
Copy !req
509. Not even a confession.
Copy !req
510. You're awful cynical for a
children's rights attorney.
Copy !req
511. I'm just being pragmatic.
Copy !req
512. "The child is
father of the man."
Copy !req
513. I gotta live in this city
when these kids grow up.
Copy !req
514. Johnny and I always got along
pretty good before. I mean...
Copy !req
515. we never got into a
fight, or anything like that.
Copy !req
516. In your own words, Chris...
Copy !req
517. tell us what you remember
about your fight with John Lasky.
Copy !req
518. He started getting down on Mom.
Copy !req
519. You know, he called
her a whore, stuff like that.
Copy !req
520. Did you tell him to stop?
Copy !req
521. Yeah, me and Andy both,
but he just wouldn't let it go.
Copy !req
522. So what happened then?
Copy !req
523. I don't remember.
Copy !req
524. You don't remember
the fight at all?
Copy !req
525. I remember crying on the
subway back to Miss Bishop's.
Copy !req
526. And how do you feel
about that now, Chris?
Copy !req
527. I wish it didn't happen.
Copy !req
528. I mean, I don't
want to hurt nobody.
Copy !req
529. Young man, who is Brian North?
Copy !req
530. Objection. Irrelevant.
Copy !req
531. You know better
than that, Counselor.
Copy !req
532. Answer the question, son.
Copy !req
533. He's a kid I used to know.
Copy !req
534. Didn't he cut in line in
front of you at Spofford...
Copy !req
535. and you smashed
him right in the face...
Copy !req
536. with your tray?
Copy !req
537. He pushed me.
Copy !req
538. But didn't you kick him...
Copy !req
539. and keep kicking him
until he was unconscious?
Copy !req
540. Your Honor, when he's
in a normal environment...
Copy !req
541. he's had no violent episodes.
Copy !req
542. Mr. Pollit...
Copy !req
543. why were you placed in
Spofford in the first place?
Copy !req
544. I was with a bunch of
guys. We robbed a deli.
Copy !req
545. And you were armed, right?
Copy !req
546. Isn't that true?
Copy !req
547. Mr. Pollit, isn't that true?
Copy !req
548. Yes.
Copy !req
549. Your Honor, there was
no money in the store...
Copy !req
550. and Mr. Pollit got mad...
Copy !req
551. and he shot the
owner with a.22.
Copy !req
552. This case must be special.
Copy !req
553. Judge Kershan removes nine
out of ten cases to Family Court.
Copy !req
554. Three violent episodes
that we know of so far.
Copy !req
555. She had no choice but
to try him as an adult.
Copy !req
556. Wait until you see this.
Copy !req
557. Brolin's notice of her intent...
Copy !req
558. to plead Chris not guilty
by reason of mental defect.
Copy !req
559. He testified that he knew
what he did was wrong.
Copy !req
560. He expressed remorse.
Copy !req
561. She'll never get out of the
gate with an insanity defense.
Copy !req
562. Well, she's not
claiming he's insane.
Copy !req
563. She's claiming he's
not responsible...
Copy !req
564. because he's genetically
predisposed to violent behavior.
Copy !req
565. Most of his blood relations are
incarcerated for violent crimes.
Copy !req
566. The sins of the father
are visited upon the son?
Copy !req
567. That is not a
defense for murder.
Copy !req
568. Well, you say it's nurture,
Brolin says it's nature.
Copy !req
569. And what's our plan?
Copy !req
570. We have a conference tomorrow in
chambers to see what Judge Kershan says.
Copy !req
571. Ever since Mendel, at
the turn of the century...
Copy !req
572. scientists have seen a direct relation
between genetics and human behavior.
Copy !req
573. And most of those scientists...
Copy !req
574. goose-stepped their way through
the streets of Berlin in the 1940s.
Copy !req
575. Very dramatic image, Ben,
but unfortunately, misinformed.
Copy !req
576. Researchers in our own back yard have
identified the XYY chromosome male...
Copy !req
577. as being predisposed
to criminal behavior.
Copy !req
578. Are you saying this kid
has an extra Y chromosome?
Copy !req
579. Verified by the
Tyler-Hampton Clinic.
Copy !req
580. He also has blonde
hair and brown eyes.
Copy !req
581. Should we allow that as a
defense for murder, as well?
Copy !req
582. If there's a relation between that and
aggressive anti-social behavior, yes.
Copy !req
583. There is no proof
that the XYY male...
Copy !req
584. is predisposed to any kind
of behavior, Your Honor.
Copy !req
585. Frye v. U.S.
Copy !req
586. Scientific evidence
is only admissible...
Copy !req
587. when it is generally accepted
by the scientific community.
Copy !req
588. Well, show me one scientist who
doesn't accept the laws of genetics.
Copy !req
589. The Frye case says nothing about
the conclusions drawn from those laws.
Copy !req
590. Richard Speck?
Copy !req
591. Didn't he try this XYY
chromosome defense?
Copy !req
592. And the judge threw
it out, Your Honor.
Copy !req
593. Yes, that's because Speck didn't
have the extra Y chromosome.
Copy !req
594. No court that we know of
has ever accepted this defense.
Copy !req
595. Your Honor, we can fill the courtroom
with experts who'll say this is nonsense.
Copy !req
596. And we'll see if the
jury believes them.
Copy !req
597. What is next, Helen,
the astrological defense?
Copy !req
598. Jupiter aligned with Mars,
so I had to rob a bank?
Copy !req
599. If it gets my client the
justice he deserves, why not?
Copy !req
600. You don't think people are
responsible for their actions?
Copy !req
601. Sure. I read Sartre in college.
Copy !req
602. I also read Freud.
Copy !req
603. Chris Pollit's life was determined
for him before he hit the age of six.
Copy !req
604. Maybe. But not before
he was born. Look, Ben...
Copy !req
605. I present even the smallest
slice of Chris's home life...
Copy !req
606. the jury starts bawling.
Copy !req
607. So what does that get me?
Maybe a Man One conviction.
Copy !req
608. I start hitting them with genes and
chromosomes, I got a shot at an acquittal.
Copy !req
609. And that's what's
best for Chris? No.
Copy !req
610. What's best is transferring
this to Family Court.
Copy !req
611. Helen, you had the opportunity
for that. You didn't meet the burden.
Copy !req
612. Yeah, well, it's a lot easier to confuse
a jury, than it is to convince a judge.
Copy !req
613. This is dumb. Humor me, Chris.
Copy !req
614. What would you do?
Copy !req
615. I'd tell the teacher
she was stupid.
Copy !req
616. Why is she stupid?
Copy !req
617. Because the other kid was cheating
off me, I wasn't cheating off him.
Copy !req
618. But the teacher
said she saw you.
Copy !req
619. I told you, she's stupid.
Copy !req
620. Does that make you angry?
Copy !req
621. If I got in trouble, sure.
Copy !req
622. And what would you do?
Copy !req
623. Beat the hell out of the kid.
Copy !req
624. You think you'd try to kill him?
Copy !req
625. I get mad, I don't
know what I'd do.
Copy !req
626. You think that's what
happened with John Lasky?
Copy !req
627. I liked Johnny. I mean...
Copy !req
628. he sort of cracked me up.
Copy !req
629. It's not like I wanted
to kill him or anything.
Copy !req
630. He just got me mad.
Copy !req
631. There's no question he
knows what he did was wrong.
Copy !req
632. He's aware of the
consequences. He feels remorse.
Copy !req
633. So he's not legally insane?
Copy !req
634. The problem is, when sufficiently
provoked, he loses control.
Copy !req
635. Liz, you don't think
there's any validity...
Copy !req
636. to this XYY chromosome theory?
Copy !req
637. Current thinking
among geneticists...
Copy !req
638. is that the extra Y chromosome
causes a slight increase in height.
Copy !req
639. There's no evidence of any causal
connection to criminal behavior.
Copy !req
640. So all he's really got is a
homicidal temper, right?
Copy !req
641. There's a lot we don't
know about the brain.
Copy !req
642. Liz, keep this out
of the shadows.
Copy !req
643. Is he responsible
for what he did?
Copy !req
644. With all the scientific
data available at this time...
Copy !req
645. yes.
Copy !req
646. There were hematomas on his
arms, legs, chest, back, and face.
Copy !req
647. Three ribs were fractured.
Copy !req
648. Vertebrae displaced
in the spinal column.
Copy !req
649. The actual cause of death
was internal hemorrhaging.
Copy !req
650. Doctor, could you determine
if the victim was unconscious...
Copy !req
651. during the beating?
Copy !req
652. From the amount of cranial
bleeding and bruising...
Copy !req
653. I would say that, no...
Copy !req
654. he had to be
conscious at the time.
Copy !req
655. So then it is possible that
John Lasky was screaming...
Copy !req
656. while he was being
savagely beaten?
Copy !req
657. Any objections, Ms.
Brolin? No, Your Honor.
Copy !req
658. Well, I can't imagine that anyone
could sustain such a beating...
Copy !req
659. and not cry out in pain.
Copy !req
660. Thank you.
Copy !req
661. Was the victim already
on the sidewalk...
Copy !req
662. when the severest part
of the beating occurred?
Copy !req
663. From the pattern of the bruising, it
would appear he had to be prostrate, yes.
Copy !req
664. So there he was, Johnny Lasky...
Copy !req
665. 13 years old, lying
on the sidewalk...
Copy !req
666. screaming in pain, and
what did the defendant do?
Copy !req
667. He kept on kicking.
Copy !req
668. Would you characterize this
beating as savage, Doctor?
Copy !req
669. Yes.
Copy !req
670. Inhuman?
Copy !req
671. Yes.
Copy !req
672. Like someone not in control
was doing it? Objection.
Copy !req
673. Sustained.
Copy !req
674. The defendant was definitely cognizant
of the difference between right and wrong.
Copy !req
675. But more importantly...
Copy !req
676. he's able to analyze his own
behavior in terms of societal norms.
Copy !req
677. Did Mr. Pollit tell you
that he heard voices...
Copy !req
678. telling him...
Copy !req
679. to kill John Lasky?
Copy !req
680. No. He's not schizophrenic.
Copy !req
681. Doctor, please tell the court...
Copy !req
682. what you know...
Copy !req
683. about the XYY male syndrome.
Copy !req
684. It arose in the '60s.
Copy !req
685. Geneticists tried
to correlate the
Copy !req
686. existence of an extra
Y chromosome in men...
Copy !req
687. to aggressive,
antisocial behavior.
Copy !req
688. And what became of this theory?
Copy !req
689. To date, there's no proof
that there's any validity to it.
Copy !req
690. Thank you.
Copy !req
691. Doctor, isn't it true that
some psychiatrists believe...
Copy !req
692. that depression is
passed on genetically?
Copy !req
693. Well, it is commonly
found to occur in families.
Copy !req
694. And what about
schizophrenia? Yes.
Copy !req
695. So why would it be
so unbelievable...
Copy !req
696. that we may pass on criminal
behavior to our children?
Copy !req
697. Because there's no
scientific evidence...
Copy !req
698. that criminal behavior
is anything but learned.
Copy !req
699. All the data supporting
the XYY male syndrome...
Copy !req
700. was dismissed in the '70s...
Copy !req
701. because the pools from
which the samples were taken...
Copy !req
702. were not sufficiently random to
form cohesive scientific conclusions.
Copy !req
703. So what you're saying is...
Copy !req
704. that there was a problem with
the methodology, not the theory.
Copy !req
705. Our lab ran karyotype
tests on the defendant...
Copy !req
706. and there's no question that
he has a second Y chromosome.
Copy !req
707. And has your lab studied the
effects of this chromosomal anomaly?
Copy !req
708. Certainly, and it definitely
appears to occur...
Copy !req
709. to a higher degree in members of the prison
population than in the general public.
Copy !req
710. And what does that
indicate, Doctor?
Copy !req
711. The extra Y chromosome
relates to criminal behavior.
Copy !req
712. So, Doctor, if this
behavior is genetic...
Copy !req
713. would you also say that
it was uncontrollable?
Copy !req
714. No more controllable
than your height.
Copy !req
715. Thank you, Doctor.
Copy !req
716. Doctor, as I understand it...
Copy !req
717. you have found...
Copy !req
718. in the general
population at large...
Copy !req
719. people like you and
I, who have this...
Copy !req
720. extra Y chromosome,
correct? Yes.
Copy !req
721. Are they leading
productive lives?
Copy !req
722. I couldn't say.
Copy !req
723. Well, then let me rephrase
the question, okay?
Copy !req
724. In your files, is there
evidence that they exhibit...
Copy !req
725. aggressive, homicidal...
Copy !req
726. sociopathic behavior?
Copy !req
727. I suppose not.
Copy !req
728. So then isn't it true...
Copy !req
729. that your testing hasn't
even come close to proving...
Copy !req
730. that this chromosomal anomaly...
Copy !req
731. has any effect on behavior?
Copy !req
732. My study is not yet completed.
Copy !req
733. You should have
told the court that...
Copy !req
734. when you arrived. Objection!
Copy !req
735. Withdrawn.
Copy !req
736. Head of the local chapter of
the White America Caucus...
Copy !req
737. has taken up Brolin's cause.
Copy !req
738. Letter to the editor:
Copy !req
739. "It's a known fact...
Copy !req
740. "that genetics is the
cause of violence...
Copy !req
741. "and feeble-mindedness
in the black man."
Copy !req
742. Do you think educated people actually
buy this XYY chromosome theory?
Copy !req
743. Well, no one wants to think...
Copy !req
744. that their society
produces monsters...
Copy !req
745. like Ted Bundy, Jeffrey
Dahmer, or Chris Pollit.
Copy !req
746. Brolin paints a bad
enough picture...
Copy !req
747. the jury convinces itself
the kid can't be normal.
Copy !req
748. The defense has added Chris's
mother to their witness list.
Copy !req
749. Oh, great.
Copy !req
750. Now we'll hear stories about the poor
baby torturing puppies during nap time.
Copy !req
751. From the day he was
born, we knew Chris was...
Copy !req
752. different.
Copy !req
753. Please go on, Mrs. Pollit.
Copy !req
754. He never cried.
Copy !req
755. We thought maybe he was
deaf or dumb. We didn't know.
Copy !req
756. When he was four, I
took one of his toys away.
Copy !req
757. He went crazy and
came at me with a knife.
Copy !req
758. Where is Chris' father now?
Copy !req
759. He's in Attica.
Copy !req
760. And why is he in prison?
Copy !req
761. Jack attacked the
mailman with a hammer.
Copy !req
762. And is he the only
family member in prison?
Copy !req
763. Jack's brother, Chris' uncle...
Copy !req
764. is serving life for murder.
Copy !req
765. Thank you, Mrs. Pollit.
Copy !req
766. Mrs. Pollit...
Copy !req
767. did you try to
discipline Chris at all?
Copy !req
768. Jack hit him all the time.
Copy !req
769. It didn't help.
Copy !req
770. So you just gave up on him?
Copy !req
771. I used to think
it was my fault...
Copy !req
772. but I didn't know
about this gene stuff.
Copy !req
773. The gene stuff, right?
Copy !req
774. Do you believe it?
Copy !req
775. Do you believe
that Chris inherited...
Copy !req
776. his criminal behavior, and,
as such, he's totally incapable...
Copy !req
777. of changing?
Copy !req
778. Well, there's nothing
I could do about it.
Copy !req
779. But if there was, you
would do something about it?
Copy !req
780. Sure.
Copy !req
781. How many months
pregnant are you, Mrs. Pollit?
Copy !req
782. Five.
Copy !req
783. Has it ever occurred to you
that you might be carrying a killer?
Copy !req
784. What, do you think I
want another one like him?
Copy !req
785. I don't know, Mrs. Pollit.
But if he is like Chris...
Copy !req
786. what are you
going to do about it?
Copy !req
787. I'm not going to kill my baby,
if that's what you're saying.
Copy !req
788. You haven't thought this
through at all, have you?
Copy !req
789. What do you mean?
Copy !req
790. If this theory is true...
Copy !req
791. and your infant is like Chris...
Copy !req
792. aren't we going to have
to lock him up right away...
Copy !req
793. and sterilize him so
he won't reproduce?
Copy !req
794. Because if he is
genetically criminal...
Copy !req
795. he can't stop.
Copy !req
796. Or why don't we just avoid
the whole bloody mess...
Copy !req
797. and kill him right now?
Enough, Counselor.
Copy !req
798. No further questions.
Copy !req
799. Thanks.
Copy !req
800. For me, it's always cold fried
chicken before a summation.
Copy !req
801. Summation's next week.
Copy !req
802. Change of plans.
Copy !req
803. I ran out of witnesses.
Copy !req
804. I'd have bet the ranch that
you'd put Chris on the stand.
Copy !req
805. Yeah, I would. But my
client thinks otherwise.
Copy !req
806. Yeah, well, maybe your
client is smarter than both of us.
Copy !req
807. You know, the way I
see it, I've got jurors...
Copy !req
808. two, five and
seven. You've got...
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809. six, four, eleven. The
rest are up for grabs.
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810. Brolin, you know what they
say about counting your chickens.
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811. Listen, Ben...
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812. give me Man Two.
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813. He stays at Spofford till
he hits his 18th birthday...
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814. and the rest he spends
at a facility of your choice.
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815. Helen, what's going on?
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816. If you have three jurors in
your pocket, it's a sure mistrial.
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817. I advised him against it, but...
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818. Chris wants a sit down.
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819. Okay.
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820. Tomorrow, my office, 9:00.
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821. You want a drink?
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822. Yeah.
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823. I just want you to
understand, Chris...
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824. I don't think this is
in your best interests.
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825. Don't worry,
you're off the hook.
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826. I spoke to your attorney
last night, Chris...
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827. and a plea at this point
in the trial is unacceptable.
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828. I don't think you get
what I'm looking for.
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829. I heard everything that went
on in the courtroom, and I...
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830. I just...
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831. I just want it over with.
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832. Chris, this is a mistake. Why?
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833. I mean, you go on and on about
how my genes are screwed up.
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834. And nobody can
ever fix that, can they?
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835. I'm just trying to get
the jury on our side.
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836. What, are you lying?
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837. I'm just trying to present a
valid argument for your defense.
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838. I mean, I killed him, didn't I?
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839. And I tried to kill that guy in
the deli and that kid at Spofford.
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840. I'm screwed up.
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841. Chris, what are
you trying to tell us?
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842. I want to go to jail.
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843. You might spend the rest
of your life there, Chris.
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844. So what? I'm a freak.
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845. You can't force the
other side to play.
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846. You put a check in the win column,
and you count your blessings.
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847. In any other circumstances,
that's exactly what I'd do.
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848. Well, why does this kid
deserve such special attention?
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849. Because he's pleading
for the wrong reason.
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850. His lawyer tells him that he's
born bad. We say he's raised bad.
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851. He buys both stories,
sees his life as a dead end.
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852. Well, maybe he knows
his life better than you do.
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853. Your job is to convict,
not to rehabilitate.
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854. He's a 14-year-old
kid who gave up.
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855. So you're doing him a favor.
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856. If he gave up his
illusions, right...
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857. but he gave up hope,
and I drove him to that.
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858. Now anything might
happen to that kid in prison.
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859. Gary Gilmore, Wesley Dodd:
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860. two unrepentant killers.
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861. Everybody wants them
dead until they agree...
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862. and then we turn
them into folk heroes.
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863. I had nothing to
do with their fates.
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864. You want them to start
naming churches after you...
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865. I'd get another profession.
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866. Take the kid's plea,
move on to the next case.
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867. Murder Two, he
serves the maximum.
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868. Am I reading this
right, Miss Brolin?
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869. It's what my client
wants, Your Honor.
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870. Do you understand the charges to
which you're pleading guilty, Mr. Pollit?
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871. Yes.
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872. Please describe,
in your own words...
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873. what occurred on the night of
September the 10th, of this year.
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874. I had a fight with Johnny.
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875. I hit him and I kicked
him until he was dead.
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876. Why did you kill him?
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877. You think I know?
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878. I get mad, I can't stop.
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879. The result of a plea bargain...
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880. usually is a reduced sentence.
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881. Doesn't anybody listen?
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882. I killed him.
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883. I'd do it again.
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884. I don't want anybody's help.
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885. Mr. Stone?
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886. Your Honor, we have agreed...
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887. that the defendant be
incarcerated in a juvenile facility...
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888. until his 18th birthday...
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889. at which point he'd
be transferred to Attica.
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890. Why?
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891. We're trying to
save your life, son.
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892. What's the point?
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