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. It's the nature of things. The
universe devolves into entropy.
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7. Entropy? You lost me.
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8. Disorder. Things rot,
they rust, they fall apart.
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9. You're falling apart.
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10. You bring home Brad Pitt, this
is what you do all night? Talk?
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11. Guess who forgot to buy condoms?
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12. Oh! You are such a virgin.
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13. I wasn't in the mood anyway.
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14. Like, if the whole universe is
doomed to spin out of control,
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15. what is the point of anything?
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16. Thank you, happy person. I
got to get back to work. Later.
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17. It's lunchtime, everybody.
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18. Oh, my God.
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19. Three dead inside, another
vic was taken to the ER.
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20. Head wound. Probably
not gonna make it.
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21. Just our luck.
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22. You got the cashier there,
customer there under the rack.
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23. CSU ID'd her as Linda
Bowers according to her wallet.
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24. Worked in a bakery on Greene.
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25. Irving Marx. Owns the joint.
Opened less than a year ago.
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26. Rough business. Who found them?
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27. Sales clerk. She was
bringing back lunch.
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28. Where is she now?
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29. Hospital. Should have seen her.
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30. She ID'd the cashier before
she went mental on us.
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31. Speaking of, did
anybody check the till?
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32. CSU did. Couple
hundred bucks and change.
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33. Any witnesses?
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34. Nobody so far.
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35. Keep asking.
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36. Vintage clothing. I wonder if anybody
actually makes a living selling this stuff?
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37. Apparently not.
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38. I think I see one of
my old bowling shirts.
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39. Bad day for the Irish,
Lennie? Long time.
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40. What's the matter, Mickey, not
enough crime in Brooklyn for you?
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41. No goodies like this one.
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42. Your basic violent misanthrope
gone berserk with some kind of sword.
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43. A sword?
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44. I mean, like Zorro.
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45. There's deep stab
wounds, wild slash and gash.
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46. You work out the sequence?
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47. First, Mr. Marx here. Then
this one, Linda Bowers.
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48. Then the cashier, she was
making for the front door.
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49. And last, our survivor,
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50. looks like she caught it
coming out of the fitting room.
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51. It was quick. Excuse me.
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52. Well, it doesn't play out as
a robbery or a shakedown.
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53. Could be a very
dissatisfied customer.
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54. Yeah, he didn't
like the return policy.
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55. They were laying there
so quiet, all of them.
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56. I wasn't gone for
more than half an hour.
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57. When you left, did you see
anyone suspicious hanging around?
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58. I was rushing to meet my
friend. I didn't really look.
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59. What about your boss? Did he
have any problems with anyone?
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60. We had some trouble just
before I went to get the lunch.
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61. With who?
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62. These two black kids.
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63. I feel stupid even thinking
they could've done it.
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64. Just tell us what happened.
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65. Mr. Marx caught this girl
shoplifting a blouse and he...
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66. He threw them out the store,
and her boyfriend got really angry.
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67. He said he was coming
back with his crew.
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68. And what did they look like?
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69. He was really tall,
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70. and he had almost shaved head.
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71. She had dookie curls and a big
maroon jacket, a varsity jacket.
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72. Did it have writing on it?
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73. Just initials. WTS.
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74. Wagner Trades. Basketball
team was in the finals last year.
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75. A tall black teenager.
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76. It figures he's a criminal
and he plays basketball.
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77. Well, we'll check out
your chess team next.
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78. That's him. In the back row.
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79. Look, it's always
the same thing.
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80. I mean, people in stores are
always watching what we do,
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81. always thinking, "They
gotta be stealing something."
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82. Hey, I'm watching
you now, Jerome,
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83. and I see a kid with a
big chip on his shoulder.
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84. Yeah. What you don't
see is I have a 3.5 average,
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85. because a concept like that
wouldn't enter your policeman's mind.
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86. You wouldn't be the first
killer who made dean's list.
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87. Now, look, we have a witness who
says you threatened the store owner.
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88. No. No, man. Look, I was gonna sue his ass
for taking Liana's shirt the way he did.
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89. So now it's her
blouse? That's right.
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90. I was gonna get mine
back the American way.
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91. I don't need to kill anybody.
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92. My mother bought it for me at
Bloomie's last year, for my birthday.
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93. A witness says you
lifted it off the rack.
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94. Accused of lifting it.
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95. But nothing on that
blouse said it was theirs.
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96. No tag, nothing. It was mine.
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97. After the store,
where did you go?
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98. We got something to eat and
then we went back to school.
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99. And Jerome was with
you the whole time?
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100. Yes, ma'am.
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101. I know who you
ought to be looking for.
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102. Oh, yeah? Who's that?
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103. This raggedy old crackhead. He
was outside when we were thrown out.
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104. He was rocking, like
they do when they're high.
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105. Can you describe this man?
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106. White. Long hair. Dirty beard.
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107. He had on a green coat.
He gave me a nasty look.
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108. Look, I said I
didn't do anything.
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109. Why don't you ask Liana?
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110. We asked your school, Jerome.
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111. Last year, they took a
walking stick from you,
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112. the trick kind, with
a sword inside.
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113. That was just a toy.
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114. And we also heard you're a
regular Dennis Rodman on the court.
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115. Bad temper, the whole act.
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116. Man! It's just
bumping uglies, man.
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117. That's part of the game.
I didn't kill anybody.
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118. All right, all right.
Take it easy, Jerome.
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119. Now, after you were
asked to leave the premises,
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120. did you see anybody
outside the store?
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121. I don't know.
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122. I mean, just a pipehead
talking to a window.
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123. What did he look like?
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124. He was a white guy. He had like
a beard and like long, ratty hair.
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125. He was wearing an army jacket.
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126. Okay, you wait here.
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127. The neighborhood crackhead.
Everybody's favorite bogeyman.
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128. You heard this story before?
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129. From the girlfriend.
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130. Before you go, put them each
with separate sketch artists.
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131. See if they come up
with the same picture.
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132. Not quite twins,
but they're related.
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133. Good thing he only looks like
every other bum on the street.
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134. Well, call the hospital. Maybe
the survivor can make an ID.
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135. She better. Latent
got nowhere on prints.
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136. The M.E. worked up a profile of
the weapon based on the wounds.
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137. Single-edge stabbing weapon.
Probably military, a sword or a bayonet.
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138. I heard a woman scream.
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139. Give her some time.
She's processing.
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140. How much can we expect?
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141. As far as first level
details go, limited.
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142. I was trying on a dress.
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143. A woman was on the floor.
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144. A man hit me.
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145. All right, Joanne, I'm
gonna show you a drawing.
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146. Just nod if you recognize him.
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147. That's him.
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148. The homeless really are invisible.
No one remembers seeing him.
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149. Yeah, everybody I talked to
has got the same blind spot.
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150. Sumptuous, isn't it?
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151. We have a whole selection
of fabrics over here.
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152. How soon would you
gentlemen need it delivered?
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153. Well, at these prices, we
ought to be able to drive it home.
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154. No, actually, we're
with the police, ma'am.
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155. We're trying to find someone connected
with those murders down the block.
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156. Oh, yes, it was horrifying.
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157. Does this face ring a bell?
Maybe you saw him yesterday?
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158. Not yesterday. The day before.
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159. He was just outside, right
there. He kept looking in.
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160. I think he was watching
one of my customers.
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161. What did your
customer look like?
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162. Blond, curly hair. Glasses.
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163. You remember her name?
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164. Uh...
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165. She wrote it down in our
book, for the mailing list.
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166. Here it is.
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167. Victim number two, Linda Bowers.
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168. Five days a week for three
months, Linda worked in the window.
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169. Sweet kid like that
got a lot of looks.
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170. Guys gave her their number.
It's awful what happened.
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171. You ever see this
guy bothering her?
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172. Oh, yeah. This germ.
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173. Linda gave him some samples
about a month ago. I told her not to.
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174. Love at first sight?
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175. Must've been.
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176. Every couple of days he'd park
himself across the street and stare at her.
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177. Imagine having that staring at
you and following you around.
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178. If it were me, I
might call the police.
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179. She did. Couple of weeks ago.
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180. Lot of good it did her.
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181. Yeah, you got to see this skell
in person to get the real flavor.
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182. I can't wait. So the Bowers
girl called you from home?
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183. Yeah, around 10:00 at night.
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184. Suspicious character
loitering in the side alley.
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185. We get there, the guy's gone.
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186. The girl said he followed her home
from work. She gave us a description.
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187. Well, where'd you
catch up with him?
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188. Well, we went back by her
place a couple of hours later.
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189. He was across the street,
walking a circle, so we grabbed him.
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190. So you got an ID.
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191. No wallet, no driver's license.
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192. Wouldn't give us his
name. 100% John Doe.
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193. What'd you do with him?
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194. We relocated him.
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195. You know, like
they do with bears.
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196. We dropped him in the park.
Gave him a little kick in the ass.
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197. You know, to send a message.
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198. Guess what? It didn't stick.
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199. And they should've dumped
him at the North Pole.
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200. You know, he was
back a week ago.
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201. Back here? Oh, yeah, yeah, yeah.
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202. Ms. Bowers wasn't home. I found
him looking through the garbage.
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203. You were happy
to see him, I'll bet.
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204. I was gonna put his nose
out the back of his head.
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205. But then he pulls out this
bayonet, Korean era. All shined up.
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206. So the guy swings a blade
at you, you don't call the cops?
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207. I didn't even tell Ms. Bowers.
I didn't want to alarm her.
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208. Thought I was doing her a favor.
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209. They sent the sketch to every shelter
from Downtown to Midtown, no nibbles yet.
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210. I don't know, maybe
the guy hit the road.
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211. Oh, sure. He's in Miami
with Sly and Madonna.
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212. This guy's like my Uncle Harry.
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213. Five blocks from his bed in any
direction, that's as far as he went.
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214. So what, you want to
cruise the neighborhood
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215. in hopes that he comes and
squeegees our windshield?
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216. Hey, the bayonet,
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217. he didn't have it when Nit and
Wit took him for a ride in the park.
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218. Some places on Houston
carry army surplus.
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219. Hey, Lennie, everything
for the weekend warrior.
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220. Can I help you?
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221. Yeah, we're looking for
a Korean War bayonet.
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222. For the M1?
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223. Yeah, something, preferably
new, right out of the box.
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224. You're a week late. Some
bum stole it off my table.
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225. This bum?
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226. That resembles him.
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227. He tried to buy it with
soup kitchen vouchers.
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228. From where?
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229. They looked like St. Ive's.
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230. I turned around,
bing, the blade is gone.
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231. That looks like James.
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232. James who?
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233. All I got was James.
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234. The other regulars call him
Gomer. As in Gomer Pyle.
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235. He's a vet?
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236. Not of any war we've heard of.
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237. He wears army
fatigues, army boots.
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238. This really surprises
me about James.
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239. Why's that, Father?
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240. He's been coming here on
and off for the last eight months.
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241. At times, he seems very lucid.
He's obviously had an education.
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242. Yeah, well, looks like he's a
couple of credits shy of a degree.
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243. Thanks, Father.
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244. What? Sometimes the guy's
crazy, sometimes he's not?
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245. Maybe he's on medication.
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246. Keeps himself on a pretty short
leash. Let's try the local clinics.
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247. Yeah, I know him. James Smith.
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248. He always tells
me, "I shall return."
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249. You know, like MacArthur.
Because I'm Filipino.
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250. How often does he return?
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251. Uh...
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252. According to this, he
hasn't for a couple of months.
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253. Did something happen to him?
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254. No, he happened
to somebody else.
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255. What's his drug of choice?
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256. Risperidone and
carbamazepine for schizophrenia.
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257. He's supposed to take it
every day or... Watch out.
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258. What? His world and ours don't
revolve around the same sun?
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259. Not even in the same galaxy.
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260. Most of your schizophrenics
don't get violent.
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261. But they never told
that to Mr. Smith.
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262. When he visits the
planet, where does he stay?
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263. As of a year ago, he was staying
at the Donough Arms on Broadway.
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264. But mail we sent there was returned.
Moved, no forwarding address.
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265. Okay. Let's try this.
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266. When he showed up for his pills,
how would he verify his identity?
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267. With his New York
Public Library card.
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268. So what now, we check to see
if he had any overdue books?
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269. Well, my guess is he does
most of his reading in the library.
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270. You know, it's warm in the
winter, cool in the summer.
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271. As a home away from home,
it's highly recommended.
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272. Send out a sketch,
maybe we'll get a bite.
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273. He's been in the
stacks since we opened.
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274. You'll find him under
ancient history on the left.
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275. Okay, thanks. We'll
take it from here.
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276. I'll take this side.
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277. Do me a favor, get
these people cleared out.
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278. Hey, how you doing?
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279. Run! Run!
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280. Rey! He's coming to you!
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281. All right! Take it easy.
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282. Stay away, Barak.
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283. Just drop the weapon, Jim!
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284. I can't hear you.
I'm not listening.
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285. Nobody wants to hurt
you, Jim. Just drop it!
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286. That's it! Make all
the noise you want.
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287. The noise! The noise! The noise!
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288. How's this for noise? James
Smith, you're under arrest for assault.
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289. You have the right
to remain silent.
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290. Anything you do say can and will
be used against you in a court of law.
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291. You have the right to an
attorney. What's happening to me?
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292. I can't feel my hands.
I've lost my hands.
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293. Yeah, yeah, yeah, yeah.
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294. Linda Bowers, she's the
one who gave you pastries.
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295. Do you remember her?
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296. This is all very familiar to me.
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297. They'll come through
that door any minute!
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298. Hey, hey, hey! Mr. Smith,
we're already here.
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299. How about leaving your
imaginary friends alone.
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300. You talk to us, okay?
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301. I am a captain in Jabin's army!
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302. Really? I was a
corporal in Uncle Sam's.
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303. I fought at the Kishon River.
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304. Oh, you did?
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305. So when you killed Linda
Bowers and those other people,
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306. you were following
orders, right?
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307. The chattering people across the street,
they're with the CIA, too, aren't they?
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308. This isn't the CIA, Jim.
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309. This is the 27th precinct of the
New York City Police Department.
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310. You understand that?
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311. It's a hell of a system.
It's a hell of a system.
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312. They drive touch-tone dialing
to work and they're still hungry.
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313. Right. I give up.
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314. I think I need whatever
he's supposed to be taking.
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315. Are we even sure of his name?
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316. Without a Social Security
number or a date of birth,
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317. all we have to go
on are his prints.
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318. Forensics did a preliminary
match of the wounds
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319. and cut marks with
Mr. Smith's bayonet.
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320. They're still working up the
blood drops on his jacket.
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321. So what do you want us to do
with him? He refused a lawyer.
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322. I'll get somebody from
Legal Aid down here.
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323. And get your eyewitness
in here for a line-up.
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324. Okay, just tell us if
you recognize anyone.
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325. That one.
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326. The second one from the left.
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327. He's the one.
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328. Okay. Thank you.
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329. All right. Ms. Kincaid,
I want to arrange
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330. to get him back on his
medication as soon as possible.
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331. After he's booked for murder.
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332. The prints matched up
with a James Stephen Smith.
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333. Great. Thank you.
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334. Besides battling the forces of
evil, what other trouble's he been in?
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335. Only one arrest. For stalking
a woman 16 months ago.
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336. He pleaded out on harassment two,
six months probation and a $500 fine.
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337. I guess if he'd killed her,
it would've been $1,000.
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338. What idiot in the
D.A.'s let him off?
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339. Say hello, Counselor.
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340. "Case number 631811,
People v. James Stephen Smith.
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341. "Charges are three counts of
Murder in the Second Degree,
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342. "one count of Attempted
Murder in the Second Degree,
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343. "two counts of Aggravated
Assault on a police officer."
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344. Let's hear a plea, Mr...
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345. Not guilty on all charges.
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346. You got that, judge?
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347. Oh! Loud and clear,
Mr. Smith. Miss Kincaid.
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348. Your Honor, the People
ask for remand without bail.
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349. The defendant has no fixed address,
he poses a danger to the community.
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350. Your Honor, my client's
sister is prepared to post bail
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351. up to an amount
of one million...
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352. Hey, dark eyes, I remember you.
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353. Mr. Smith, be quiet.
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354. Your Honor, this woman knows me.
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355. Mr. Lowe, control your client.
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356. I'll take the same
deal as last time.
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357. Make me an offer. JUDGE
That's enough, Mr. Smith.
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358. You're remanded to
custody without bail.
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359. No, that wasn't the deal.
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360. Officers, remove the
prisoner. I am not finished.
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361. I did my... I did my probation.
I stayed away from Weinstein.
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362. Doesn't that count?
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363. Send up the next case.
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364. Ms. Kincaid, what deal was
James Smith talking about?
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365. I can't comment on that.
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366. Well, was he on probation
when he committed the murders?
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367. No, he was not. Why
did he say he knew you?
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368. I don't have any
comment. Excuse me.
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369. No comment? If you were trying
to chum the waters, congratulations.
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370. The feeding frenzy
would've started without me.
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371. Now it looks like we have
something to hide. Do we?
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372. I don't. It was a routine plea bargain.
The case against him was weak.
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373. He never made
threats, he had a job.
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374. What kind of a job?
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375. Grading practice essays
for a bar review prep school.
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376. Back then, he didn't look like
he slept in a cardboard box.
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377. His mental state was
never even brought up.
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378. The point is, he paid the fine and
he never harassed the woman again.
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379. We don't owe anyone an apology.
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380. Good thing you're not
writing the press release.
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381. Yes.
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382. This came for you, Jack.
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383. Thanks.
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384. Smith's lawyer. He's
withdrawing from the case.
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385. He fired me.
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386. He has his own lawyer?
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387. Uh-huh.
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388. James Smith, pro se.
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389. You're not serious.
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390. He's obviously not fit
to represent himself.
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391. Oh, he has an edge.
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392. If you're gonna defend a guy
like that, doesn't hurt to be crazy.
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393. No judge will ever
go along with it.
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394. You'll know come Monday. He
has a hearing with Judge Rivera.
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395. Plan to be there, Mr. Lowe. I'm
opposing your being released.
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396. You want me to stick with this
fruitcake? What did I ever do to you?
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397. The right to represent oneself
is not absolute, Your Honor.
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398. It can't be asserted by someone
who is clearly incompetent.
Copy !req
399. Mr. Smith, isn't it a fact that you
have a history of mental illness,
Copy !req
400. that you've been diagnosed as
having schizoaffective disorder?
Copy !req
401. Yes, Your Honor. Since
I was 23, at college.
Copy !req
402. I'm prone to manic depression,
hallucinations, paranoid delusions,
Copy !req
403. and many other kinds
of psychotic behavior.
Copy !req
404. Unless I'm taking my medication.
Copy !req
405. And you're currently doing that?
Copy !req
406. Yes. Since my arrest.
Copy !req
407. This is the same person who
claimed the police were CIA agents.
Copy !req
408. If you let him represent himself
and we convict, he'll appeal
Copy !req
409. and say that he was denied
competent representation.
Copy !req
410. Absolutely not. Your
Honor, I am a lawyer.
Copy !req
411. University of Michigan
Law School, class of '87.
Copy !req
412. Admitted to the New York Bar
in '88, in the First Department,
Copy !req
413. as were Your Honor
and Mr. McCoy, I believe.
Copy !req
414. There's no guarantee that he won't suffer
another psychotic break during the trial.
Copy !req
415. We'll all be back
where we started.
Copy !req
416. Your Honor, I can
stand here all day
Copy !req
417. and quote People v. Kaltenbach,
v. Conney, v. Harris, v. Sawyer.
Copy !req
418. Unless Mr. McCoy can
establish at this very moment
Copy !req
419. that I am incompetent,
Copy !req
420. the court has no choice but
to allow me to proceed pro se.
Copy !req
421. He's absolutely
right, Mr. McCoy.
Copy !req
422. Then, Your Honor,
Copy !req
423. I request that Mr. Lowe remain
as the defendant's standby counsel.
Copy !req
424. So ordered. See you
in court, Mr. Smith.
Copy !req
425. Your Honor, I'll have my
omnibus motion to suppress
Copy !req
426. on your desk by
the end of the week.
Copy !req
427. I look forward to it.
Copy !req
428. We're adjourned.
Copy !req
429. Hell of a brick.
Copy !req
430. Must've had every jailhouse
lawyer in Rikers working on it.
Copy !req
431. He's a one-man show. I
talked to his law school.
Copy !req
432. He graduated summa cum laude,
law review, Postdoctoral Associateship.
Copy !req
433. But as far as anyone
knows, he's never practiced.
Copy !req
434. His first trial, and he knows just
enough law to turn it into a circus.
Copy !req
435. A circus? Three counts of
murder? He's taking it seriously.
Copy !req
436. Then why doesn't
he plead insanity?
Copy !req
437. Because he's insane.
Copy !req
438. Or he thinks he
can beat us in court.
Copy !req
439. He's been attacking every
piece of evidence we have.
Copy !req
440. He's gonna claim we
have the wrong man.
Copy !req
441. I've read his motion. I doubt
Judge Rivera will grant it.
Copy !req
442. Rivera wasn't supposed to
let him represent himself either.
Copy !req
443. He gets 10% of this past
any judge, you're in trouble.
Copy !req
444. You can't even tell a jury
why he stalked Linda Bowers.
Copy !req
445. A schizophrenic's motive?
Copy !req
446. You're prosecuting an
attorney, not a schizophrenic.
Copy !req
447. The eyewitness, she hear him say
anything before he attacked Bowers?
Copy !req
448. She barely remembers
seeing Smith in the store.
Copy !req
449. Well, take another run at her.
Copy !req
450. There was a lot of screaming.
Copy !req
451. There might have been words.
Copy !req
452. Can you think what those
words might've been?
Copy !req
453. I was in the dressing room.
Copy !req
454. A man's voice said
Copy !req
455. something like, "Life forever."
Copy !req
456. Was it Smith's voice?
Copy !req
457. What difference does it make
what he said? He's a lunatic.
Copy !req
458. If you could've heard him in court
last week, you might not be so sure.
Copy !req
459. We read where he has
Copy !req
460. a law degree.
Copy !req
461. Yes.
Copy !req
462. Is that why you let him go,
because he was a lawyer?
Copy !req
463. No, we just didn't know
enough about him at the time.
Copy !req
464. He was stalking a woman.
Copy !req
465. That didn't give you a clue there
was something wrong with him?
Copy !req
466. Sir, I can't even imagine how
angry and frustrated you must feel.
Copy !req
467. You're going to know exactly
how we feel, Ms. Kincaid.
Copy !req
468. We've been contacted by an
attorney for the other families.
Copy !req
469. We're suing you and the
city. Those people are dead
Copy !req
470. and my Joanne will never
be the same because of you.
Copy !req
471. I talked to my brother last month.
Never mentioned Linda Bowers.
Copy !req
472. He called because he overheard
someone plotting to kill our parents
Copy !req
473. and he wanted me to
take them to Canada.
Copy !req
474. Our parents died
three years ago.
Copy !req
475. The woman he injured said he
yelled something about life forever.
Copy !req
476. Any idea what he meant by that?
Copy !req
477. He probably said, "The wife
of Heber." It's from the Bible.
Copy !req
478. She lured Sisera, an army
captain, into her tent with food,
Copy !req
479. and then she stabbed
him through the temple.
Copy !req
480. This is old news to you.
Copy !req
481. Jimmy minored in theology,
so he studied the Bible.
Copy !req
482. When he first
became schizophrenic,
Copy !req
483. he used to accuse his girlfriend
of putting needles in his brain.
Copy !req
484. He called her the wife of Heber.
Copy !req
485. And Linda Bowers
gave him pastries.
Copy !req
486. Did he ever attack
his girlfriend?
Copy !req
487. He tried to strangle her
in his dorm in Princeton.
Copy !req
488. The next day, he was in
a hospital for six months.
Copy !req
489. So now you have a motive.
Copy !req
490. Is that supposed to
make him criminally liable?
Copy !req
491. I'm just trying to
understand his behavior.
Copy !req
492. You should've tried that
a year and a half ago.
Copy !req
493. How come you never
returned my phone call?
Copy !req
494. Excuse me?
Copy !req
495. Last year, when he was
arrested for following that woman,
Copy !req
496. I left a message for you.
Copy !req
497. Oh, yes, I remember.
Copy !req
498. I assumed that you were
calling to ask for leniency.
Copy !req
499. I thought since I let your
brother off with a fine that I didn't...
Copy !req
500. I called to tell you that
he belongs in a hospital.
Copy !req
501. He needs supervision.
Copy !req
502. He takes his medication for a few
months, he thinks he's cured, he stops.
Copy !req
503. That's how he gets into trouble.
Copy !req
504. With all due respect, Ms. Smith,
Copy !req
505. it was your problem to get your
brother hospitalized, not ours.
Copy !req
506. But now he is your
problem, Ms. Kincaid.
Copy !req
507. The campus police at
Princeton just dug up their report.
Copy !req
508. Since Smith's girlfriend
declined to file charges,
Copy !req
509. it was never reported
to the local police.
Copy !req
510. So the Ellises can add
Princeton to their lawsuit.
Copy !req
511. I also checked with the
University of Michigan Law School.
Copy !req
512. During his post-doctoral
year, Smith trashed an office.
Copy !req
513. It would've been nice to
know all this 16 months ago.
Copy !req
514. If I'd returned Patricia Smith's
phone call, maybe we would've.
Copy !req
515. Claire, check your roster.
Copy !req
516. How many cases did you
have on calendar that week?
Copy !req
517. Forty-seven.
Copy !req
518. And how many "A" felonies?
Copy !req
519. Nine.
Copy !req
520. How many plea bargains?
Copy !req
521. Fifteen.
Copy !req
522. Guess what? You can't
leap tall buildings either.
Copy !req
523. Makes you feel any better,
Copy !req
524. Rivera tossed out Smith's
omnibus motion. Our evidence stays.
Copy !req
525. Of all the nonsense, your
Mr. Smith has just served me.
Copy !req
526. With what?
Copy !req
527. While I'm on the
phone with the mayor.
Copy !req
528. He's changed his plea.
Copy !req
529. Not guilty by reason of
mental disease or defect.
Copy !req
530. He blinked. Work
something out with him.
Copy !req
531. Wait a minute. We let him plead insanity,
he could be out tomorrow or the next day.
Copy !req
532. No doctor's gonna
rush to declare him sane.
Copy !req
533. Long as Smith takes his pills, we
can't guarantee he'll stay locked up.
Copy !req
534. That's right. No guarantee.
Copy !req
535. The community expects one.
Copy !req
536. And I believe they're entitled to
it. Let a jury decide if he's insane.
Copy !req
537. Oh, you want a trial?
Copy !req
538. He's been diagnosed
as schizophrenic.
Copy !req
539. A trial is an absolute waste.
Copy !req
540. Three people are dead,
and you're counting pennies?
Copy !req
541. I can count bodies
as well as pennies.
Copy !req
542. You're not using this office
to make up for your mistake.
Copy !req
543. My mistake was following
your lead, Mr. Schiff.
Copy !req
544. I cut a deal the way you like
them, quick, cheap and out the door.
Copy !req
545. You're off this case, as of now.
- Adam.
Copy !req
546. She can do other cases,
she can take a cruise,
Copy !req
547. she can plant a garden,
I couldn't care less.
Copy !req
548. Adam.
Copy !req
549. I don't want to hear it.
Copy !req
550. She didn't deserve that.
Copy !req
551. Tough. Plead Smith out.
Copy !req
552. Six years in criminal
detention at Bellevue?
Copy !req
553. That's your best offer?
Copy !req
554. Six years minimum.
Copy !req
555. You get out only if two
doctors of our choosing
Copy !req
556. say you're no longer a danger.
Copy !req
557. Do you know who's at Bellevue?
Copy !req
558. Zombies, you know,
cannibals, derelicts.
Copy !req
559. I'd go out of my mind. No, I am
not agreeing to any minimum term.
Copy !req
560. If this goes to a jury, you
might not get a choice.
Copy !req
561. Oh, you want to get into a pissing
contest with me over legal insanity?
Copy !req
562. I'm an expert on the subject,
from both sides of the looking glass.
Copy !req
563. And I know
something about juries.
Copy !req
564. They're sick of sharing their
streets with dangerous madmen.
Copy !req
565. They don't want to cure you,
they want you behind bars, for life.
Copy !req
566. Let them try.
Copy !req
567. I've got a dozen doctors and every
law firm that was afraid to hire me
Copy !req
568. who'll say I'm crazy.
Copy !req
569. Aren't you the least bit sorry
about the people you killed?
Copy !req
570. Yes, I am, Mr. McCoy.
Copy !req
571. But that wasn't me.
Copy !req
572. I'm not that creature, and I'm
not taking the rap for what he did.
Copy !req
573. Now, you get
your friend in here.
Copy !req
574. She's good at cutting deals.
Copy !req
575. I'm taking my offer
off the table, Mr. Smith.
Copy !req
576. You just talked
your way into a trial.
Copy !req
577. The statute's clear.
Copy !req
578. If he can't appreciate the
consequences of what he's doing,
Copy !req
579. or that it's wrong,
he's not responsible.
Copy !req
580. When he killed those
people, yes, you're right.
Copy !req
581. But he created the circumstance
that led to the deaths.
Copy !req
582. His sister told you.
Copy !req
583. He chose to go off his medication
despite a history of violent behavior.
Copy !req
584. He knew the risks. He
chose to ignore them.
Copy !req
585. Depraved indifference.
Murder two. Not bad.
Copy !req
586. Good luck with it.
Copy !req
587. Not so fast. I want
you in the second chair.
Copy !req
588. Never mind Adam. It's my case. I
choose who sits in my second chair.
Copy !req
589. Adam's not the only problem.
Copy !req
590. Claire, Smith didn't slip through
the cracks because of you.
Copy !req
591. The system worked
the way it's supposed to.
Copy !req
592. Yes. And doesn't that
scare the hell out of you?
Copy !req
593. You're thinking of resigning?
Copy !req
594. I'm starting to think that we're the
Maginot Line of the justice system,
Copy !req
595. and I don't like it.
Copy !req
596. You want to feel useful?
Copy !req
597. Help me put James Smith away.
Copy !req
598. When the trial's
over, the door's open,
Copy !req
599. no strings.
Copy !req
600. To make the case, we have
to show that Smith was rational
Copy !req
601. when he stopped
taking the pills.
Copy !req
602. You want me to call Elizabeth?
Copy !req
603. After you go home and change.
Copy !req
604. I'll walk you to your car.
Copy !req
605. When I was at the halfway house in
Princeton, I had two more relapses.
Copy !req
606. That's when the doctors told me
Copy !req
607. I'd probably be on
medication for most of my life.
Copy !req
608. My mental state
is well documented.
Copy !req
609. I doubt your findings
will be any different.
Copy !req
610. I want to hear it from you.
Copy !req
611. When you killed those people, how
long had you been off your medication?
Copy !req
612. Two months, give or take.
Copy !req
613. Do you think there's
something wrong with you?
Copy !req
614. Yes.
Copy !req
615. I've seen the MRIs
and the PET scans.
Copy !req
616. My brain doesn't
look like yours, Doc.
Copy !req
617. So you accept the fact
that you have an illness?
Copy !req
618. I realize it, but I
certainly don't accept it.
Copy !req
619. Then I'm curious why you'd
stop taking your medication.
Copy !req
620. Didn't you know your
symptoms would come back?
Copy !req
621. In one form or another.
Copy !req
622. You knew you'd attacked
people in the past?
Copy !req
623. Yes. In the past.
Copy !req
624. Did you care?
Copy !req
625. Have you ever been on
an anti-psychotic drug?
Copy !req
626. No.
Copy !req
627. I'm using every ounce of energy I
have right now just to talk to you.
Copy !req
628. I feel like I'm pawing
through a wool blanket.
Copy !req
629. I feel stiff and half a
step behind everyone.
Copy !req
630. It takes so much effort.
Copy !req
631. I get so damn tired
just holding onto reality.
Copy !req
632. Letting go is almost a relief.
Copy !req
633. Anti-psychotic drugs
have powerful side effects.
Copy !req
634. It's the most common reason
patients stop taking them.
Copy !req
635. In your opinion,
Copy !req
636. did the defendant understand
what the consequences might be?
Copy !req
637. Yes. He knew he was
susceptible to paranoid delusions,
Copy !req
638. that these delusions had led
him to try to strangle a girlfriend,
Copy !req
639. to threaten others
and to destroy property.
Copy !req
640. Can you describe
these delusions?
Copy !req
641. When he's not medicated, Mr. Smith
believes he's a Biblical warrior
Copy !req
642. who was killed by a
woman in his sleep.
Copy !req
643. He believes he has to watch for
people who might harm him in his sleep.
Copy !req
644. He believes women are
the tools of his enemies.
Copy !req
645. Is that why he
killed Linda Bowers?
Copy !req
646. Yes.
Copy !req
647. And he believed that Mrs. Ellis
and the others were her accomplices.
Copy !req
648. Dr. Olivet, is it your opinion
Copy !req
649. that he willfully and voluntarily
put himself in that state of mind?
Copy !req
650. Yes.
Copy !req
651. Thank you.
Copy !req
652. Doctor, isn't it a fact I killed
those people in broad daylight,
Copy !req
653. in a public place? Yes.
Copy !req
654. I didn't dispose of the murder weapon, I
didn't wash the blood off of my clothes?
Copy !req
655. No.
Copy !req
656. As a psychiatrist, might you
conclude from my behavior,
Copy !req
657. I didn't know what I
was doing was wrong?
Copy !req
658. Yes, I probably would,
Copy !req
659. but the issue is your decision
to stop taking your medication.
Copy !req
660. Let's talk about that.
Copy !req
661. Is it possible my decision
was made under duress
Copy !req
662. from the powerful side
effects you described?
Copy !req
663. Yes, it's possible.
Copy !req
664. Under duress, how
could I be expected
Copy !req
665. to predict my future
psychotic behavior?
Copy !req
666. Mr. Smith, you're
intelligent, perceptive.
Copy !req
667. You know far more about your
disease than any psychiatrist.
Copy !req
668. Ms. Kincaid's intelligent.
Copy !req
669. She couldn't
predict my behavior.
Copy !req
670. She didn't think I was dangerous.
She let me off with a fine.
Copy !req
671. Why should I be held to a
higher standard than she?
Copy !req
672. Objection.
Copy !req
673. Withdrawn.
Copy !req
674. No more questions.
Copy !req
675. That's not good enough.
Copy !req
676. Your Honor, I want
you to instruct the jury...
Copy !req
677. Denied. You can deal with it in your
closing, Mr. McCoy. Let's move on.
Copy !req
678. I saw Mr. Marx
and another woman,
Copy !req
679. I didn't know her name,
on the floor, bleeding.
Copy !req
680. Then I heard a yell, and
this filthy man ran toward me.
Copy !req
681. Something hit my head, and I
don't remember anything else.
Copy !req
682. The man who ran toward
you, do you see him here today?
Copy !req
683. Yes. That's him, sitting there.
Copy !req
684. May the record reflect the witness
pointed at the defendant. Thank you.
Copy !req
685. Mrs. Ellis, I'm very
sorry I injured you.
Copy !req
686. The first two times you saw
me, I didn't look like this, did I?
Copy !req
687. You cleaned yourself
up to make an impression.
Copy !req
688. Objection. Sustained.
Copy !req
689. The jury will disregard
the witness' last comment.
Copy !req
690. Do you remember
what I used to look like?
Copy !req
691. You had a beard, long dirty hair,
dirty clothes. You were disgusting.
Copy !req
692. I looked like someone
who should be locked up
Copy !req
693. in a mental hospital?
Copy !req
694. Yes.
Copy !req
695. Doesn't it gall you that Ms. Kincaid
didn't do that when she had the chance?
Copy !req
696. Objection. Withdrawn.
Copy !req
697. Mrs. Ellis, isn't it a fact
Copy !req
698. you're suing Ms. Kincaid? Yes.
Copy !req
699. You think she's responsible
for what happened to you.
Copy !req
700. Yes. Objection.
Copy !req
701. That she should've put
this mad man in a hospital.
Copy !req
702. Objection! Damn you.
Copy !req
703. How can you sit there? You let
him do this to me. You let him out.
Copy !req
704. Mr. Smith, this
cross-examination is over.
Copy !req
705. Mrs. Ellis, you can stand
down. And thank you.
Copy !req
706. You'll be lucky they
don't convict her.
Copy !req
707. Claire is not the issue.
Copy !req
708. Even the victims are pointing
at her. I warned you about this.
Copy !req
709. Okay, maybe this is a conversation
you should be having without me.
Copy !req
710. It's all right. Adam thinks
Copy !req
711. we should bury you in a
back room until the trial's over.
Copy !req
712. The trial is over, you're cutting
a deal. This is off my desk.
Copy !req
713. Well, he's not wrong. Smith
only has to turn one juror.
Copy !req
714. No matter what Adam thinks, we
can't force a plea down his throat.
Copy !req
715. Maybe if we
talked to his sister.
Copy !req
716. We know which side she's on.
Copy !req
717. Then why isn't she
on his witness list?
Copy !req
718. He'd plead to manslaughter
in the first degree.
Copy !req
719. He'd serve a minimum of six
years in a secure psychiatric hospital.
Copy !req
720. After his release,
Copy !req
721. he'd have to report every morning
to a clinic for his medication.
Copy !req
722. If he missed an appointment,
Copy !req
723. he'd violate his parole
and be returned to custody.
Copy !req
724. How long would he be on parole?
Copy !req
725. For as long as he
needed his medication.
Copy !req
726. The doctors said that
could be until he's in his 60s.
Copy !req
727. Ms. Smith,
Copy !req
728. your brother is running the risk of
spending the rest of his life in prison.
Copy !req
729. But he's sick. The
jury has to see it.
Copy !req
730. Suppose they do.
Copy !req
731. Within a matter of months, he could
be back on the street, unsupervised,
Copy !req
732. and no one will
vouch for his safety.
Copy !req
733. I already turned down this
deal, without the lifetime parole.
Copy !req
734. If you think I'll take it now,
you must be crazier than I am.
Copy !req
735. Jimmy, please.
It's a fair offer.
Copy !req
736. Patty, you're not the one who has to
sit in a loony bin for the next six years.
Copy !req
737. You want to try out the
accommodations in Attica?
Copy !req
738. You're here
because you're losing.
Copy !req
739. You haven't even rested
yet. I'm already beating you.
Copy !req
740. What do you expect to win? The
freedom to eat out of garbage cans?
Copy !req
741. To share a heating vent
with 100 other homeless men?
Copy !req
742. Jimmy, listen to me.
Copy !req
743. Take the offer. You
won't be left alone.
Copy !req
744. Honey, I promise
you. Patty, stop it.
Copy !req
745. I've already written my
summation, Mr. McCoy.
Copy !req
746. Do you know how long I've waited
to give closing arguments to a jury?
Copy !req
747. I could've been a great lawyer.
Copy !req
748. I'm gonna prove it.
Copy !req
749. I'm gonna win.
Copy !req
750. I'm sorry they brought you
down here for nothing, Patty.
Copy !req
751. Mr. McCoy,
Copy !req
752. I want to speak to the
jury. I want to testify.
Copy !req
753. She can't. Her
testimony's not relevant.
Copy !req
754. That's for a judge to decide.
Copy !req
755. Over the past 10 years,
Copy !req
756. Jimmy has stopped taking
his medication a dozen times.
Copy !req
757. Each time, he ended up in
a hospital or a police station.
Copy !req
758. Did he ever tell you why he
stopped taking his medication?
Copy !req
759. He'd say because he was cured,
Copy !req
760. or because the side
effects would make him sick.
Copy !req
761. And what did you say?
Copy !req
762. I begged him to take his pills.
Copy !req
763. I warned him that he could hurt
himself or other people if he stopped.
Copy !req
764. What would he say?
Copy !req
765. He would say that people would
just have to stay out of his way.
Copy !req
766. Did he ever offer any
explanation for his behavior?
Copy !req
767. Yes.
Copy !req
768. Five years ago, when he
was living with our parents,
Copy !req
769. I found out that he had rented an
apartment in Hoboken on the 14th floor.
Copy !req
770. What did you do?
Copy !req
771. I went there.
Copy !req
772. He was sitting
Copy !req
773. on the floor of the living room.
Copy !req
774. He said he'd tried so hard
to stay on his medicine,
Copy !req
775. so he could get a job
as a teacher or a lawyer.
Copy !req
776. But nobody wanted
him because he was sick.
Copy !req
777. He said there was no
point in taking his medicine.
Copy !req
778. He said he didn't
belong anywhere.
Copy !req
779. He was afraid of what would
happen to him when our parents died.
Copy !req
780. He rented the apartment
Copy !req
781. so he could jump
off the balcony.
Copy !req
782. He needs someone to
make him take his medicine.
Copy !req
783. He won't listen.
Copy !req
784. He needs someone to make him...
Copy !req
785. Ms. Smith, hold on.
Copy !req
786. Mr. Smith, do you
want to object?
Copy !req
787. I can instruct the
jury to disregard.
Copy !req
788. No more questions.
Copy !req
789. Do you understand the
consequences of this plea?
Copy !req
790. Yes.
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791. You realize you'll be incarcerated
in a secure forensic hospital
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792. for a minimum term of six years?
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793. Yes.
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794. And after your release, you'll
submit to the strict administration
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795. of anti-psychotic drugs,
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796. any failure to comply will
result in your return to custody
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797. for the completion of your sentence.
Do you understand all of that?
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798. Yes.
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799. As a condition of your plea, you're
required to allocute to your crime.
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800. Would you please tell
this court what you did?
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801. "I followed Linda Bowers to a
clothing store on Prince Street.
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802. "I believed she was plotting to
hurt me. I waited for her to come out.
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803. "She was taking too
long, so I went inside.
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804. "A man came toward
me and I became afraid,
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805. "and I stabbed him with a
bayonet I had with me. Then I..."
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806. This paper's full of needles.
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807. They cut me, and I bleed.
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808. Do you hear those chariots?
They stole them from me.
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809. They want me to sleep.
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810. They like that.
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811. That's why I killed her.
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812. I heard what Deborah
said unto Barak.
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813. "The Lord shall
discomfit me." But that's...
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814. Mr. Smith?
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815. Mr. Smith.
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816. Why are you looking at me?
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817. I made them do that.
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818. Patty cakes.
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819. Mr. Lowe, please.
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820. You look like a lion.
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821. Don't do that, or
I have to leave.
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822. Mr. Smith, sit down. Mr. Lowe...
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823. Oh! Wait! Wait!
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824. They took my armor.
I need my armor.
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825. I absolutely can't wear this.
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826. Mr. Smith.
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827. No! Listen to me. We'll
deal with your armor
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828. when we're done.
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829. Now, please sit down.
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830. I'm sitting down now.
I'm sitting down now.
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831. I'm sitting.
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832. I am sitting down now.
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833. Your Honor.
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834. I am sitting down now. I am sitting.
- Mr. McCoy.
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835. The People are satisfied that the
defendant has met the requirements.
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836. Then in accordance
with the plea agreement,
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837. I sentence the defendant
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838. to a term of not less than
six years and no more than 18
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839. at a facility to be determined
by the Department of Correction.
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840. This court is adjourned.
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841. They found Smith's cache of pills
in his cell. About a week's worth.
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842. He stopped taking them the
day after his sister testified.
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843. When he knew it was hopeless.
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844. He mailed me his summation.
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845. We're lucky. He
could've hung the jury.
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