1. In the criminal
justice system...
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2. sexually-based offenses
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3. are considered
especially heinous.
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4. In New York City,
the dedicated detectives
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5. who investigate
these vicious felonies...
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6. are members of an elite squad
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7. known as
the Special Victims Unit.
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8. These are their stories.
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9. Let go, it's mine.
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10. Okay, now it's mine.
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11. Hey, boys, here you go.
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12. Come on, man,
let's go.
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13. Play nice.
Hey, Mama.
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14. Get away from here. Right now.
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15. What, bitch?
I think you need to chill.
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16. Charlie, can you send...
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17. Help!
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18. God, please, somebody help!
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19. Oh, Jesus!
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20. Come here. Help!
Somebody, please!
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21. Help me! Help!
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22. What?
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23. There was a shooting
at P.S. 387 in East Harlem...
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24. six year old girl,
died at the scene.
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25. They're bringing
the shooter up now.
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26. Why did we catch it?
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27. Brass thinks we're
better equipped to handle him.
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28. Good. Bring on the pervert.
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29. Does that look like
a cold-blooded killer to you?
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30. Where are we on the parents?
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31. Both of them called in sick today.
Nobody knows how to find them.
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32. Well, that fills in
a few blanks for me.
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33. Can you even charge
a 7-year-old with murder?
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34. Technically, he just made
the cutoff. Det. Benson?
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35. Yes.
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36. You left a message. Our son,
Elias, was involved in a shooting?
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37. They gave this address,
not a hospital, is he...
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38. Oh, God!
Please say he's alive.
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39. Mrs. Barrera, I'm sorry
about the misunderstanding.
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40. Elias wasn't the one
who was shot.
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41. Oh, thank God.
He was the shooter.
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42. What?
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43. Sir, do you own a gun?
No.
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44. Does your son have access
to one? I don't know how.
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45. He's either at home, school,
or his sitter's.
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46. And who's that?
Mrs. Strada. Where's our son?
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47. We want to talk
to him with you.
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48. But we can't do that
without your permission.
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49. If you would sign
a Miranda waiver...
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50. Fine. That's fine.
Just let us see him.
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51. Okay, come with me please.
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52. You run them through
License Division?
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53. He had no guns registered.
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54. Of course, the serial number
was filed off the gun he used.
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55. Punched them in the system, clean
sheets. No arrests, no warrant.
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56. We were at the emergency room
all morning.
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57. My baby girl was born
with a respiratory problem.
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58. We had to leave her
at the hospital.
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59. Why don't you
take a seat here. Elias?
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60. It's okay. All right.
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61. Elias, why don't we
have you sit right here.
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62. Hi, Elias, I'm Elliot.
How are you doing?
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63. We're going to talk today,
is that okay?
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64. Do you like school?
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65. What grade are you in?
Second.
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66. Second. That's a good grade.
I like second grade.
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67. What's your favorite subject?
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68. Okay. We're going to talk a little
bit about what happened today. Okay?
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69. Do you know Carly Jackson?
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70. Yeah?
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71. What can you tell me
about Carly?
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72. She's a girl.
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73. Yeah.
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74. Yeah.
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75. You like Carly?
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76. No? How come?
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77. She's always bothering me.
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78. How does she bother you?
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79. She chases me.
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80. She tries to kiss me.
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81. Okay.
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82. Can you tell me what happened
to Carly at recess?
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83. She fell down.
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84. What made her fall down?
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85. The gun.
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86. The gun. Okay.
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87. Who's holding the gun?
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88. Is Carly going to be okay?
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89. Elias, tell me
who had the gun.
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90. I did.
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91. You know what, I think we should
get a lawyer before we go on.
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92. Okay, sir. That's fine. You get a
lawyer. We got a phone out there.
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93. He has to stay with us, okay.
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94. Get Fin.
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95. Check out friends, family,
neighbors, school...
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96. anyone he could have
got that gun from.
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97. As slipshod as the screening process
is, I doubt he bought it himself.
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98. Watch it. Watch your back.
Come on.
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99. Elias and Carly fight a lot?
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100. Neither had been sent
to my office.
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101. Where were you when it
happened? Over there.
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102. I ran to her, called for help,
and then I saw Elias.
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103. Where exactly?
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104. Putting the gun
in the garbage can.
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105. Elias said that Carly
picked on him.
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106. Carly was the sweetest
little girl.
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107. Did we miss something?
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108. He wasn't a troublemaker.
He didn't even talk in line.
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109. He's always been an angel.
What made Elias do this?
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110. That's what we're
trying to find out.
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111. Mrs. Strada, do you keep
a gun here on the premises?
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112. Please.
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113. The kids you watch, could any
of them have brought one in here?
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114. Absolutely not.
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115. You wouldn't happen to have a phone
list for the parents, would you?
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116. Of course I do. Work and home.
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117. By the phone desk over there.
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118. Yeah, we'll need
a copy of that.
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119. Rudy, it's Buddy's turn.
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120. Ma'am, are you responsible
for every kid around here?
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121. Yes. They don't talk
to strangers...
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122. they don't leave the courtyard
without an adult.
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123. I take my job very seriously,
young man.
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124. Okay, Sammy,
where did Elias get the gun?
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125. From his pants.
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126. Before that?
I don't know.
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127. Did he ever talk about having a gun? No.
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128. When's the first time
you saw the gun?
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129. When he shot Carly.
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130. Why did Elias shoot Carly?
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131. I don't know.
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132. She pick on him a lot?
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133. She kissed him all the time.
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134. What would he do
when she kissed him?
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135. His face would get all red.
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136. Did she try
to kiss him that day?
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137. She was walking over.
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138. Cabot's hell bent
on charging the parents.
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139. Parental responsibility. It's a
hot-button issue. That's all it is.
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140. Well, we've got
no ammunition for her.
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141. Nothing about this
makes sense.
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142. Child homicides never do.
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143. What happened to that little boy
to make him want to take a life?
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144. Elliot, you're searching for
a way to make him a victim.
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145. The only victim here
is a dead little girl.
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146. Hi, can we help you?
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147. Yes, I'm Sonia Paredes,
Elias Barrera's teacher.
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148. The limit for class size is supposed
to be 32 students. I have 40.
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149. It must make it kind of hard to give
each student the attention they need.
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150. Impossible.
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151. I was in the teachers' lounge
when they told us.
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152. When they said it was Elias,
I got physically ill.
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153. Mrs. Paredes, is there something
that you want to show us?
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154. After 20 years of teaching,
nothing shocks you anymore.
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155. I wish this had.
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156. When did he draw this?
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157. Yesterday.
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158. Carly had a ponytail.
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159. Charge the boy.
With what?
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160. Murder.
He's seven.
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161. Yes, and if he were six, I would
send him home with his parents...
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162. as the law mandates.
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163. But he's not. The law is
not interpretive, Counselor.
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164. It is to be
very narrowly construed.
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165. He can be charged. He can,
but you know as well as I do...
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166. that the youngest
they've ever convicted was 11.
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167. Yes, but that was
pre-Columbine.
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168. Since then, there's been
an epidemic...
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169. of ever younger kids
killing kids...
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170. with no consequence.
People are fed up with it.
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171. And you're bored of being
the Chief Assistant DA.
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172. I know you're looking
to replace Lewin next fall...
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173. but let me tell you, if you think
you could put a little boy in jail...
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174. just so you can prove you're tough
on crime, you've got to be kidding.
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175. He's old enough to know the
difference between right and wrong.
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176. But not to understand the
consequences of his actions.
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177. He brought a gun to school.
He knew what he was doing.
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178. And this,
that gives us intent.
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179. Why don't you just apply
for a change of venue...
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180. to Texas so we can
have him executed?
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181. No, Manhattan Family Court
will be sufficient.
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182. Ms. Cabot,
am I reading this right...
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183. you're charging
a 7-year-old with murder?
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184. Yes, Your Honor.
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185. Surely there's an alternative.
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186. One has yet to present itself.
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187. The commission of the crime by
the respondent is undisputed.
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188. And evidence supporting criminal
intent has just come to light.
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189. How does the minor plead?
General denial, Your Honor.
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190. Remand recommendations?
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191. The People have not ruled out the minor's
home situation as a contributing factor.
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192. We therefore ask for the removal
of the minor from his home...
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193. and ask that he be remanded
to a detention facility...
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194. pending trial.
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195. Your Honor, the Barreras are a
loving, law-abiding, nuclear family.
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196. Elias should be released
into their custody.
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197. The Barreras have ties
outside the country.
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198. Flight risk is a significant
issue with the People...
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199. and the victim's family
who is here today.
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200. I'm ordering the minor be remanded
to the Wagner Detention Facility.
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201. I'm further ordering
a clinical evaluation...
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202. to determine whether or not he
understands the charges against him...
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203. and can help
in his own defense.
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204. No! Please, don't take my baby. Mommy!
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205. Oh, please!
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206. Olivia, can you believe
they ran this picture?
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207. Already a couple of hundred people
hanging outside the courthouse.
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208. Who'd have guessed
there'd be backlash...
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209. against charging a 7-year-old
with murder?
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210. Amnesty International, Children's
Defense Fund. Alex Cabot.
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211. I didn't want to charge him with
murder. I didn't have any choice.
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212. Now that you've got him in
the big house, is he spilling?
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213. Why he did it?
Where he got the gun?
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214. No, he's completely withdrawn. He
won't even talk to the social worker.
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215. How about spending less time on the kid
we caught, more on the adult we didn't.
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216. What did we send
License Division?
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217. The names of parents of the
other kids Mrs. Strada watches.
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218. Really? Well, guess
what Reyna McCreary owns?
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219. He did not get that gun
from my son.
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220. The gun registered in your name
is still in your possession?
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221. Yes, it is. You mind
if we take a peek at it?
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222. Yes, I do.
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223. There. You satisfied?
Put the gun down on the table.
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224. You carry that around
in your purse?
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225. You know, sometimes I don't
leave the hospital till 3:00 a. m.
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226. I have to take a subway,
a bus...
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227. and walk four blocks through
this neighborhood to get home.
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228. You know, carrying a
concealed weapon is a felony.
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229. I don't. I leave it here so the
appliances can defend themselves.
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230. You have a child living here. You
have a safe place to store this gun?
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231. Of course I do.
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232. Raphael. Get a move on.
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233. We're leaving in 10 seconds.
Coming.
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234. What's up? Raphael, right?
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235. Yeah.
You know Elias?
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236. Yeah.
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237. You heard about what happened?
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238. Yeah, he popped
that little girl.
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239. Lightweight,
compact hammerless.
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240. So simple,
even a 7-year-old can use it.
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241. This one especially. Safety's
tampered with, hair trigger.
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242. Gangbanger, drug dealer.
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243. Doesn't have the overkill they're
partial to, but not bad as a backup piece.
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244. Chambered round fits.
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245. Add a full clip, they get that
one extra bang for the buck.
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246. And speaking of the bang...
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247. the bullet Rodgers sent us,
after the autopsy.
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248. Hollow point?
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249. See the smooth edges where
it peeled apart on impact?
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250. The tip was filed down
in an "X" pattern, by hand.
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251. Little girl didn't have a
chance. Neither did this guy.
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252. It's hard to compare
the lands and grooves...
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253. because of their condition,
but look at the base.
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254. Here's a side-by-side
comparison.
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255. Same right twist,
same riflings.
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256. Where'd you get this one from?
A 23-year-old.
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257. Your gun's got
a second body on it.
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258. Shorty Esposito.
Latino male, 23.
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259. Got smoked in the ticker. Night
before your case. Close range.
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260. Got dumped in an alley a couple of
blocks from where your kid lives.
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261. You getting anywhere with it?
No, the case is cold.
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262. We were hoping maybe your
7-year-old did our guy, too.
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263. How do we know he didn't?
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264. M.E. makes our shooter a good four
inches taller than our stiff, so...
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265. Want to swap five's?
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266. Two busts for drug possession, just
short of enough for intent to sell.
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267. Mother swears by all known
saints he wasn't a dealer.
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268. We think drug deal gone south.
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269. Let's canvass the area between these
two. Got to be a link in there somewhere.
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270. Hold on. Elliot,
look at his pants.
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271. This can't be a coincidence.
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272. Heck, we might have
just found our link.
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273. Yeah, that guy I maybe seen
around. Tell me about him.
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274. He likes bubble baths
and long walks.
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275. I don't know jack about him.
I seen him on the block.
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276. With anyone in particular?
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277. You been following this story?
Who hasn't.
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278. Little boy who shot this girl
did it with the same gun...
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279. that was used
to whack this guy.
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280. Tell us what you know about this
guy? I know nothing about the guy.
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281. The stuff he was into, I don't want
to know. And what stuff would that be?
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282. Mumbo jumbo.
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283. Whenever I seen him,
he's coming out of Nestor's.
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284. You Nestor?
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285. Nicky Crow. Nestor sold me
the business last year.
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286. And exactly what kind
of business is this?
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287. Religious supplies.
For the practice of Santería.
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288. Then those would be
sacrificial chickens.
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289. It's legal. Santeros won
their Supreme Court case.
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290. Relax, we're not
from the ASPCA.
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291. You know him?
Yeah, he's a customer.
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292. Was. Know anything about it?
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293. Santeros don't sacrifice anything
further up the food chain than goats.
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294. Long Island cheerleader
three years ago.
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295. Mother and sister thought she
was possessed by a demon...
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296. and they suffocated her.
Santeras, right?
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297. That was an exorcism got
out of hand, not a sacrifice.
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298. Shorty Esposito,
religious kind of guy?
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299. Keeping the rituals a secret comes from the
slaves having to hide it from their masters.
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300. That's not an answer.
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301. Sure it is. It's in the
Constitution. Freedom of religion.
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302. It's like dogma
not to talk about it.
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303. I'd be violating his rights. He's
dead. He doesn't have any rights.
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304. You a priest?
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305. A Babalu?
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306. Babalu. Atheist. Businessman.
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307. 300,000 people
practice Santería in New York.
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308. They need to shop
someplace they can trust.
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309. Hey, maybe someone tried to drive an
evil spirit out of him with a bullet.
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310. My bet? That was his religion.
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311. That guy right there on the
corner, that's the steerer.
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312. He brings the buyer
to the money man.
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313. And him hanging back
with the gold chain...
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314. that's the money man.
He never touches the dope.
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315. They're all teens. Maybe they know
Elias through a little brother.
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316. Somewhere around here.
911!
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317. He's the lookout.
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318. What's your name, man?
Sammy.
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319. Sammy what?
Sosa.
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320. That's Mrs. Morales' boy,
Jamal.
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321. Shut up, old man. Hey, Jamal,
you just focus all right.
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322. You know this kid?
No.
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323. What about him?
Nope.
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324. Hey, how old are you?
Ten.
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325. Why don't you talk to him?
Come here a second.
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326. Know his name?
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327. Bobby Cruise.
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328. He's in here all the time.
Yeah, with him?
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329. No, another one of those boys.
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330. Eighteen or 19 years old.
Called Sweetness.
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331. Sweetness?
Real sweet tooth.
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332. We saw Homicide.
They aren't doing any better.
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333. Any luck on our sweet tooth?
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334. Former juvenile offender. Now 19.
Placed in foster care at age eight.
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335. Truancy. Shoplifting.
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336. Moving up to drugs, larceny,
gun possession.
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337. Given name is Antonio Strada.
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338. Last person who posted bail
was his great grandmother.
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339. Good old Mrs. Strada.
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340. My great-grandson has nothing to
do with that little girl's death.
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341. Mrs. Strada, you know Elias
got hold of a gun.
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342. And you know, as well as we
do, that Antonio has had...
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343. gun troubles in the past.
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344. Once.
Twice.
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345. He's changed.
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346. He's getting
his life together.
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347. He helps me with the kids.
Takes them to the park for me.
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348. He buys them candy.
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349. The kids call him Sweetness.
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350. The candy store that he takes Elias
to alone is off a known drug corner.
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351. Did you know that,
Mrs. Strada?
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352. No, I... Sunday night, a
young man named Shorty...
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353. was shot and killed with the same
gun Elias used to kill Carly Jackson.
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354. The last time
your great-grandson...
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355. was arrested
for gun possession...
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356. he was with Shorty.
They did time together.
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357. Mrs. Strada,
tell us where he is.
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358. You don't understand,
he had a horrible childhood.
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359. His father was in prison,
his mother...
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360. who knows where
his mother was.
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361. Please, don't hurt him.
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362. Antonio, police.
We want to talk to you.
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363. Sweetness?
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364. Nobody in here.
Got blood on the walls.
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365. Yeah, we got fresh blood
right here.
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366. We need backup.
Two-five-two, East 132.
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367. Body's down here.
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368. It's him.
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369. I need an ambulance now.
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370. Who did this to you? Who cut
you, Sweetness? Who cut you?
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371. Machete.
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372. What'd he say?
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373. I think he said Machet...
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374. Machete. Machete.
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375. Look at the pants,
they're both camouflage.
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376. This is not Carly,
this is Shorty.
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377. Meaning, Elias witnessed
this murder.
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378. When he drew this, he wasn't
plotting out Carly Jackson's murder.
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379. This was a cry for help. He wanted
somebody to know what he saw.
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380. He's been through an
interrogation, a court hearing...
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381. taken from his family...
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382. and placed in detention. Why wouldn't
he have said something by now?
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383. Look at the players involved.
Drug dealers and killers.
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384. If Elias was drawn into this world
at all, he knows what happens...
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385. to people who talk.
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386. So what are we going to do?
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387. When an accused stands mute, the
only thing the system can do...
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388. is interpret his actions.
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389. You know our take on it. Well,
I know what my boss' will be.
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390. He'll still see a bad apple
who likes seeing people dead.
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391. So Elias needs to talk.
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392. His attorney won his motion.
He's back home until the hearing.
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393. Go.
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394. You know, you people
have some nerve!
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395. It's been horrible
for the Barreras.
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396. They're prisoners
in their own home.
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397. The protesters, death threats, the
media trying to sneak into the building.
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398. You know, we try
to be good parents, we do.
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399. Social services is threatening
to remove their baby girl.
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400. Mr. Barrera, it is imperative
we talk to Elias.
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401. Why, so you can find something
else to charge him with?
Copy !req
402. Mrs. Barrera,
we believe that your son...
Copy !req
403. witnessed a murder
the night before the shooting.
Copy !req
404. What?
Copy !req
405. Oh, my God!
Copy !req
406. Stay back.
Copy !req
407. Elias, you remember me,
Elliot?
Copy !req
408. How are you doing?
Copy !req
409. We got a problem here,
big man.
Copy !req
410. I hear you've been
dragged into something bad.
Copy !req
411. Me and Sweetness, we talked.
Copy !req
412. Now, he says he's got you all
hooked up and slinging for him.
Copy !req
413. What do you do with all
the money that he gives you?
Copy !req
414. Well, you buy games,
new kicks, what?
Copy !req
415. Crayons?
Copy !req
416. Okay, Elias. Your parents
know about everything.
Copy !req
417. But you and me, right now...
Copy !req
418. Elias, you and me
have got to fix this.
Copy !req
419. He puts little bottles
in my pockets.
Copy !req
420. Okay, that's good. You're
doing great. Now, you and me...
Copy !req
421. let's talk about
the gun, okay.
Copy !req
422. Tell me about this.
Copy !req
423. He told me
to stay in the room.
Copy !req
424. I didn't. I saw him
shoot the man.
Copy !req
425. Okay. What's that
at the end of the gun?
Copy !req
426. A pillow. You could hardly
hear the bang.
Copy !req
427. Why did Sweetness
shoot Shorty?
Copy !req
428. He didn't.
Copy !req
429. Isn't that him
holding the gun?
Copy !req
430. Well, who is it?
Copy !req
431. Machete.
Copy !req
432. What did you say?
Machete.
Copy !req
433. Do you know Machete?
Copy !req
434. Well, how do you
know his name?
Copy !req
435. I heard Shorty say, "Stop, Machete,
don't, please, don't. Stop. "
Copy !req
436. And then what happened?
Copy !req
437. I heard sirens,
and Machete ran away.
Copy !req
438. And what happened to the gun?
Copy !req
439. Sweetness hid it in the couch.
Copy !req
440. And then he got
a big suitcase.
Copy !req
441. And I hid in the closet
because I was scared.
Copy !req
442. Then what happened?
I heard him leave.
Copy !req
443. Why did you take the gun?
Copy !req
444. I didn't want him
to kill me, too.
Copy !req
445. Okay.
Copy !req
446. Okay. Now, this is very
important. Where did this happen?
Copy !req
447. My sister was in the hospital.
Copy !req
448. And you were at Mrs. Strada's?
Copy !req
449. Mrs. Strada?
Copy !req
450. What is going on?
No one is telling me anything.
Copy !req
451. Mrs. Strada, where were you
Sunday night?
Copy !req
452. Sunday between 10:00 and
midnight. I was asleep.
Copy !req
453. Are you a sound sleeper?
Copy !req
454. Well, I take meclizine
at night. It knocks me out.
Copy !req
455. Hey, anything?
Copy !req
456. Dried pee, Cheerios.
Copy !req
457. Old lady got kids?
She takes care of them.
Copy !req
458. Our guy apparently
cleaned up after himself.
Copy !req
459. Make sure you check sinks,
drains, traps, sponges.
Copy !req
460. Trash cans, light switches,
even lifted a few base boards.
Copy !req
461. No trace of blood yet.
Copy !req
462. Pillow's missing.
Copy !req
463. Okay, close the curtains.
Copy !req
464. We got blood.
Copy !req
465. Wheel marks.
Yeah.
Copy !req
466. Like the kind
on a big-ass suitcase.
Copy !req
467. They just stuffed old Shorty
in there and wheeled him on out.
Copy !req
468. Elias was right about the suitcase.
He also said he heard sirens.
Copy !req
469. Let's find out
what that problem was.
Copy !req
470. Party out of hand.
Somebody pulled out a knife.
Copy !req
471. Somebody else pulls out
a Louisville Slugger.
Copy !req
472. Brawl spilled out
into the courtyard.
Copy !req
473. You take any statements?
Thirty-five.
Copy !req
474. Stopped everyone
leaving the building.
Copy !req
475. If that's when our guy left the
building, he might be one of them.
Copy !req
476. Mind if we borrow these?
Great.
Copy !req
477. Off Elias' description, we've eliminated
28 names based on age and gender.
Copy !req
478. Which were brought down to eight
suspects, five of whom have records.
Copy !req
479. And mug shots.
Copy !req
480. Already there, we put together a
photo array, showed it to Elias.
Copy !req
481. He recognize any of them?
Yeah, two.
Copy !req
482. Unless I'm one of them, I don't
know why you're still standing here.
Copy !req
483. Because he's positive
neither of them is Machete.
Copy !req
484. So who do we have left?
Copy !req
485. The three who didn't
have records, so no photos.
Copy !req
486. Kyung Kwon, Nicky Crow,
and Bobby Cruise.
Copy !req
487. We've met them all,
all on the selfsame corner.
Copy !req
488. So one of them's Machete.
Copy !req
489. Kwon owns a market, and was pretty
helpful in getting us some IDs.
Copy !req
490. Yeah, maybe too helpful.
Copy !req
491. Crow profits off the piety
of the local Santeros.
Copy !req
492. Cruise is a dope dealer.
Copy !req
493. Elias needs some points
with the DA's office.
Copy !req
494. Call his attorney, s ee if
he'll let him do some walk bys.
Copy !req
495. Okay.
Copy !req
496. Okay. Are you up
for this, champ?
Copy !req
497. Is he gonna see me?
Copy !req
498. Keep your mask down.
Don't say anything, okay?
Copy !req
499. If you recognize any of these men as
Machete, just squeeze my hand, okay?
Copy !req
500. Okay.
All right. Come on.
Copy !req
501. Hello.
Copy !req
502. I'll be with you in a second.
Copy !req
503. Hey.
Hey.
Copy !req
504. Take him outside.
Copy !req
505. Nicky Crow, you're under
arrest... What're you doing?
Copy !req
506. for the murder of
Shorty Esposito. Hold it.
Copy !req
507. You have the right to remain
silent. Look in the refrigerator.
Copy !req
508. Yeah, we're not hungry.
I never met one who wasn't.
Copy !req
509. Go.
Copy !req
510. In the fridge?
Behind the box.
Copy !req
511. Behind the box.
Copy !req
512. What do we got?
I'm a business man.
Copy !req
513. Take it. Leave. Call it
cost of doing business.
Copy !req
514. Call it Class B felony.
Copy !req
515. It's okay to talk now.
Copy !req
516. Machete can't hurt you.
He's in jail.
Copy !req
517. I hear you're
a very good artist.
Copy !req
518. Do you draw all the time?
Copy !req
519. Yeah.
Copy !req
520. Can you draw me a picture of how
you felt that day in the schoolyard?
Copy !req
521. You were really scared.
Copy !req
522. Why?
Copy !req
523. I saw them behind the fence.
Who?
Copy !req
524. Machete and them.
Copy !req
525. What were they doing there?
Copy !req
526. They came to hurt me, too.
Copy !req
527. Elias...
Copy !req
528. who were you shooting at?
Copy !req
529. Machete.
Copy !req
530. I didn't mean to shoot Carly.
Copy !req
531. What's going to happen to me?
Copy !req
532. What do you think
should happen to you?
Copy !req
533. What's that?
Copy !req
534. Hell.
Copy !req
535. You think you're going to burn
in Hell for what you did?
Copy !req
536. I know why you're here.
Well, forget it.
Copy !req
537. I already gave Machete to McCoy.
You should have seen his face.
Copy !req
538. It was the same look my dog...
Copy !req
539. I'm not here to pick up a
case, I'm here to drop one.
Copy !req
540. Oh, no, we can't give
that kid a free ride.
Copy !req
541. We only got Machete
because of Elias' drawing.
Copy !req
542. That doesn't bring
Carly Jackson back.
Copy !req
543. Her death is a tragedy, yes,
but it was self-defense.
Copy !req
544. The vice principal at the
school corroborates his story.
Copy !req
545. Machete and his gang
were there.
Copy !req
546. Did she see them attack him?
Draw a weapon?
Copy !req
547. This is what he thinks
is going to happen to him.
Copy !req
548. Well, I think that
makes your case...
Copy !req
549. and proves that he knows the
difference between right and wrong.
Copy !req
550. No, we are the ones who
don't know the difference...
Copy !req
551. I'll be right there.
Copy !req
552. Fine, amend the charges
to manslaughter.
Copy !req
553. I don't want to prosecute a child at
all for a series of society's mistakes.
Copy !req
554. The Barrera's HMO wouldn't
cover their baby's condition...
Copy !req
555. forcing them to work two jobs.
Copy !req
556. They had to find affordable daycare for
Elias which we both know is nonexistent.
Copy !req
557. So they put him in Mrs.
Strada's illegal daycare.
Copy !req
558. An 82-year-old woman
looking after 15 children...
Copy !req
559. whose great-grandson was
using Elias as a drug runner...
Copy !req
560. and giving him access to a
loaded semi-automatic handgun.
Copy !req
561. And don't get me started on the
accessibility of handguns to minors.
Copy !req
562. This boy should not
be put away.
Copy !req
563. Nobody in Sing Sing had
a great childhood, Ms. Cabot.
Copy !req
564. You start killing at seven,
it's not a bad predictor.
Copy !req
565. You are unbelievable.
Copy !req
566. No, I am second-in-command and I
have Lewin's full support in this.
Copy !req
567. Now, listen, people know what
happened. They want justice.
Copy !req
568. I need someone
held responsible.
Copy !req
569. The death of Carly Jackson
is the ultimate tragedy.
Copy !req
570. There are no easy solutions,
but we in the DA's office...
Copy !req
571. have a moral imperative
to do the right thing...
Copy !req
572. and I assure you that justice
will be served.
Copy !req
573. I am placing full authority
in the worthy hands...
Copy !req
574. of a person who has been intimately
involved with every aspect...
Copy !req
575. of the case
from the beginning.
Copy !req
576. Assistant District Attorney
Alex Cabot.
Copy !req
577. Will you be prosecuting
7- year-old Elias Barrera?
Copy !req
578. A Latino boy killed
an African-American girl.
Copy !req
579. Are you at all concerned
that if you don't prosecute...
Copy !req
580. it may ignite tensions
in the neighborhood?
Copy !req
581. We know this was in no way
racially motivated.
Copy !req
582. I'm sure no responsible
member of the press...
Copy !req
583. would even think to put
that kind of slant on it.
Copy !req
584. He hung her out to dry.
Copy !req
585. No matter what she does
to Elias, it's lose, lose.
Copy !req
586. Half the city's going
to hate her.
Copy !req
587. The other half
won't be turning back flips.
Copy !req
588. I talked to the Barreras, Elias
was formally expelled from school.
Copy !req
589. The State sent a tutor.
Copy !req
590. Don't let that get out. The
state of our educational system...
Copy !req
591. people will be
killing to get one.
Copy !req
592. Is there anything
we can do for Cabot?
Copy !req
593. We've exhausted the pool of
sacrificial heads for the platter.
Copy !req
594. It's out of our hands. She needs
to look at alternate solutions.
Copy !req
595. Liz, my career's
on the line here.
Copy !req
596. And a little boy's future. Believe
me, I haven't forgotten about him.
Copy !req
597. I can't believe my boss
did this to me.
Copy !req
598. That's what they do at the boy's
club. Why do you think I left?
Copy !req
599. What would you do?
Copy !req
600. I really shouldn't discuss
the particulars with you...
Copy !req
601. while I'm on retainer
by the defense.
Copy !req
602. Hypothetically.
Copy !req
603. I wouldn't make him another
throw-away kid and just warehouse him.
Copy !req
604. I'd put him
in supervised counseling.
Copy !req
605. That's not going to sate the public's
bloodlust. Someone has to be punished.
Copy !req
606. You know, I had a political
future at one point.
Copy !req
607. Alex, the historical figures
I respect the most...
Copy !req
608. aren't the ones who started wars,
but those who brought about peace.
Copy !req
609. You have a real
opportunity here.
Copy !req
610. The respondent clearly
understands the difference...
Copy !req
611. between right and wrong.
Copy !req
612. At the time he pulled the
trigger, he knew what he was doing.
Copy !req
613. He intended to cause physical injury
or death to the boys at the fence.
Copy !req
614. Yes, he absolutely knows
what's going on here.
Copy !req
615. He understands the role
of the court...
Copy !req
616. he understands the role
of the Judge...
Copy !req
617. he knows his attorney
is here to help him.
Copy !req
618. He has the capacity to assist
in his own defense.
Copy !req
619. Dr. Olivet, have you reviewed
the State examiners' reports?
Copy !req
620. I have.
Copy !req
621. Well, do you concur with their
findings? They're absolutely right.
Copy !req
622. He does understand
the procedures of the court...
Copy !req
623. and he knows
his conduct was wrong.
Copy !req
624. But in my assessment,
the minor...
Copy !req
625. he knows it was wrong, but at the time
he pulled that trigger, he did not.
Copy !req
626. I have no more questions.
Copy !req
627. Dr. Olivet, you're familiar
with the People's exhibit "H"?
Copy !req
628. Very familiar.
I had him draw it.
Copy !req
629. And what exactly
did you ask him to draw?
Copy !req
630. A portrait of himself
at the time of the crime.
Copy !req
631. There was no mention of fire
in the police report.
Copy !req
632. He added that to the picture when I asked
what he thought should happen to him.
Copy !req
633. And what do
the flames represent?
Copy !req
634. Hell.
Copy !req
635. That's taking the consequences
of his actions...
Copy !req
636. to the ultimate extreme,
isn't it?
Copy !req
637. Obviously, he has
the capacity to understand.
Copy !req
638. All children have some grasp
of right and wrong.
Copy !req
639. I've seen children
younger than seven...
Copy !req
640. who believe they're going to
hell because they told a fib.
Copy !req
641. How do you explain
his lapse in judgment...
Copy !req
642. at the time
he pulled the trigger?
Copy !req
643. He was in mortal fear.
Copy !req
644. Not only that,
he was imitating behavior.
Copy !req
645. He had seen these men wave a gun to
scare people, and he did the same.
Copy !req
646. He just wanted them
to go away.
Copy !req
647. He was imitating behavior
without understanding it...
Copy !req
648. the danger, risks,
or morality.
Copy !req
649. And on what exactly do you base
your findings on his capacity?
Copy !req
650. Solely on his age
and development.
Copy !req
651. He's 7 years old.
Copy !req
652. Thank you. You may step down.
Copy !req
653. Your Honor...
Copy !req
654. the People defer
to Dr. Olivet's findings...
Copy !req
655. that the minor
lacked the capacity...
Copy !req
656. to understand the consequences
of his actions...
Copy !req
657. and therefore should not
be held responsible.
Copy !req
658. The People
are withdrawing charges?
Copy !req
659. It's clear the respondent lacked
the mens rea to commit a crime.
Copy !req
660. Therefore, we will
not pursue the case.
Copy !req
661. I know some of you are not
happy with today's decision.
Copy !req
662. But there's something
I'd like you to hear.
Copy !req
663. We heard you loud and clear.
Copy !req
664. The killers of black children
get off scot-free!
Copy !req
665. This cycle of violence
has got to stop somewhere.
Copy !req
666. Let it be here.
Copy !req
667. I'm Carly Jackson's mother.
Copy !req
668. I know you're all here
out of concern.
Copy !req
669. And I thank you.
Copy !req
670. But I have a favor to ask.
Copy !req
671. Go home.
Copy !req
672. Take care of your children.
Copy !req
673. Teflon.
Copy !req
674. I'm just glad the city
isn't burning.
Copy !req
675. You more than survived,
you're a hero.
Copy !req
676. Congratulations.
Thanks.
Copy !req
677. Actually, my boss is so happy,
he said I could take Sunday off.
Copy !req
678. We were on our way
to McMullen's.
Copy !req
679. How about we buy you
a congratulatory drink?
Copy !req
680. Sure.
Great.
Copy !req
681. Hey, Cap, you coming?
Copy !req
682. Police, coming through.
Copy !req
683. Neighbors jumped him.
Copy !req
684. Would have killed him if
we hadn't been a block away.
Copy !req
685. Who is he?
Copy !req
686. A relative?
Outraged citizen.
Copy !req
687. How old is he?
Twelve.
Copy !req
688. Name's Thomas James. Goes
by TJ. Anyone see it happen?
Copy !req
689. Best we can put together, he tried
to join a group of kids playing ball.
Copy !req
690. They shunned him.
He walks off, alone.
Copy !req
691. That's when TJ shows up.
Copy !req
692. Get off me, man.
Hey, leave me alone.
Copy !req
693. Can't kill a sister
and just walk.
Copy !req
694. Hey, come on, man. Leave me
alone, man. I ain't do nothing man.
Copy !req
695. Cycle never ends, does it?
Copy !req
696. Welcome to the Gaza Strip.
Copy !req