Law & Order: Special Victims Unit 5x16

1. In the criminal justice system,

2. sexually based offenses are considered especially heinous.

3. In New York City, the dedicated detectives

4. who investigate these vicious felonies

5. are members of an elite squad

6. known as the Special Victims Unit.

7. These are their stories.

8. I'm taking Rachel to a dance audition,

9. so you'll have to pick Eli up from soccer.

10. Mm-hmm.

11. The Westers asked if we could come to dinner Friday night.

12. Sounds great, hon.

13. And I'm going to run off to Belize with the paperboy.

14. Mm-hmm.

15. What the hell was that?

16. It's a miracle. He can hear.

17. Damn homeless make a mess

18. with our garbage and Sanitation fines me.

19. Not this time!

20. Sam...

21. Who's there?

22. Get out of there right now!

23. Don't hurt me.

24. Homeowner found him eating out of the trash.

25. The kid looks eight or nine. Real skinny, no coat.

26. What's his story?

27. Won't talk. Kid's pretty freaked out.

28. Well, no wonder.

29. You've got him locked up in the back of your car.

30. Just keeping him safe for you kiddie cops.

31. I figure he eats garbage, he's abused.

32. What do you think, homeless or runaway?

33. He looks pretty clean for a street kid.

34. Hey, buddy. How are you doing?

35. I'm Elliot.

36. This is Olivia.

37. What's your name?

38. Look, you're not in trouble.

39. We just want to talk with you.

40. Please tell me your name?

41. Jacob Nesbit.

42. Hey, Jacob. You live around here?

43. 97th Street.

44. 97th Street? That's just a block away.

45. Who do you live with?

46. My mom and my brother.

47. Yeah? What about your dad?

48. He's dead.

49. Please don't tell my mom I was eating.

50. Captioning sponsored by

51. and NBC

52. You sure are hungry.

53. I never had pancakes before.

54. Your mom's never made them for you?

55. No. She says they're against the rules.

56. What rules?

57. About food and stuff.

58. What's good to eat, what's not, how much food I can have...

59. Your brother have rules, too?

60. Yeah. But Adam never breaks them.

61. Well, what happens when you do break them?

62. You get a punishment.

63. What's the punishment?

64. I don't want to talk about it.

65. Jacob, I'm just trying to help you out here,

66. but I need for you to trust me.

67. My mom says what happens at home stays at home.

68. And what you and I talk about in this room

69. stays in this room.

70. I can't tell you.

71. It's against the rules.

72. Can I finish my breakfast?

73. Yeah, sure.

74. We can't keep him here unless there's some allegation of abuse.

75. He's scared out of his wits.

76. He doesn't want his mother

77. to know that he was eating.

78. Something is going on here.

79. All right. Check her out.

80. I'll call ACS

81. and see if they got anything on the family.

82. Can I help you?

83. I'm Detective Benson. This is Detective Stabler.

84. Let me get my mom.

85. Please wait here.

86. Kid's awful polite.

87. Or just obeying the rules.

88. Hi, I'm-I'm Marilyn Nesbit.

89. Is Jacob all right?

90. Actually, we have him down at our station.

91. Can we come inside and talk to you for a sec?

92. What about?

93. Why you didn't report your son missing?

94. He runs away and comes home all the time.

95. I wasn't really worried.

96. Mrs. Nesbit, we found your son

97. eating chicken out of a garbage can.

98. We'd really like to talk to you about it.

99. I know my rights.

100. I don't have to let you in.

101. You bring my son home or I'll call a lawyer.

102. Cops tell me that my kid

103. is down at the station, I'd be there right away.

104. What's she so afraid of?

105. I don't know,

106. but he's not coming back here

107. until we get some answers.

108. Maybe she has some.

109. Ma'am. Do you mind if we have a word with you?

110. Certainly.

111. Marilyn Nesbit is a lovely woman.

112. She brings me homemade muffins

113. and she sends her boys over to help me do my chores.

114. Did you ever notice any marks or bruises on the boys?

115. Oh, no. They don't roughhouse.

116. Jacob ran away. Have you heard any yelling or fighting?

117. He didn't run away. He's just adventurous.

118. He's a handful.

119. I don't know how his mother manages alone.

120. When did the boy's father die?

121. When Marilyn was pregnant

122. with Jacob.

123. Went out for some milk, walked into a store,

124. walked right into a holdup.

125. He was killed by a 13-year-old boy.

126. Now Marilyn stays home with the children all day.

127. Don't the boys go to school?

128. Didn't she tell you?

129. She homeschools Adam and Jacob.

130. Marilyn Nesbit has homeschooled her children

131. for the past seven years.

132. She took Adam out of public school after second grade.

133. Jacob's never been enrolled.

134. Anyone check on the boys?

135. No one. The law requires lesson plans,

136. status reports every semester.

137. Marilyn's always filed them on time.

138. These lesson plans look pretty detailed.

139. They're downloaded off the Internet

140. from the New York Homeschool League.

141. So any parent can yank their kid

142. out of school just by filing forms

143. off a website?

144. We're lucky we even have any regulations at all.

145. Some states don't require parents

146. to notify the school board.

147. How many kids are we talking about?

148. Nationwide, the closest estimate is one million.

149. Sounds like you're not a big fan of homeschooling.

150. I am when it works.

151. But going to school provides kids

152. with more than an education.

153. It's a safety net that catches medical,

154. psychological, developmental problems,

155. and child abuse.

156. You think that Marilyn Nesbit

157. was using homeschooling as a smoke screen for abuse?

158. There are no red flags on file.

159. Maybe you need to talk to Adam's old school teachers.

160. I taught Adam in second grade.

161. He was smart and sweet,

162. but he had some emotional issues.

163. Like what?

164. Lots of fears, more than most seven-year-olds.

165. It wasn't surprising given his father's murder,

166. but he really needed counseling.

167. Didn't he get any counseling?

168. Mom wouldn't consent.

169. Said she could help Adam herself.

170. Fat chance.

171. That woman was a fruitcake.

172. How so?

173. She had all these weird ideas about food.

174. Adam would come to school hungry,

175. but she wouldn't let him eat school lunch.

176. She claimed it was full of pesticides and preservatives.

177. So she packed nuts, raw veggies, protein drinks.

178. He eat that?

179. Would any seven-year-old?

180. Adam stole other kids' food, wolfed it down,

181. then threw up from eating too much too fast.

182. Stabler.

183. Didn't you discuss this with his mother?

184. I kept making appointments, but she never showed up.

185. Finally I said if she wouldn't meet with me,

186. I'd report her for neglect.

187. The next day, she pulled Adam from school.

188. It's Novak. She wants to see us, now.

189. Thank you.

190. Are these the detectives who've been harassing my client?

191. Detectives Benson and Stabler, meet Denise Brockmorton—

192. legal counsel for the New York Homeschool League.

193. And attorney for Marilyn Nesbit,

194. whom you are persecuting

195. solely because she exercises her right

196. to withdraw her children from government schools.

197. Nobody's being persecuted.

198. We're just asking a few questions.

199. While you're holding Jacob hostage.

200. His mother wouldn't let us in the door.

201. We had to investigate.

202. You mean go on a witch hunt.

203. The detectives are merely trying

204. to ensure that Jacob is returned to a safe

205. and healthy home environment.

206. Marilyn's a fine mother.

207. The home is more than adequate.

208. Prove it.

209. Marilyn, I don't know how you keep this place

210. so neat with two active boys.

211. It's never been a problem.

212. Where do the boys sleep?

213. Right in here.

214. Hey, Adam.

215. Hello.

216. What you working on, Adam?

217. Trigonometry, ma'am.

218. Excellent.

219. Do you go online?

220. Just educational sites.

221. Do you got any hobbies?

222. Learning.

223. That's their passion, right, Adam?

224. You mind showing us the kitchen?

225. This way.

226. What about exercise?

227. Oh, we do morning calisthenics.

228. What, Sweating to the Oldies?

229. You have two active kids here;

230. that's not enough.

231. The Homeschool League runs a weekly athletic event

232. in Central Park.

233. Adam seems pretty small for his age.

234. I think he's just perfect.

235. So he gets enough to eat?

236. There's plenty of food.

237. Healthy food.

238. Why feed them processed food

239. that's full of chemicals that cause cancer

240. or beef that might have that mad cow disease?

241. Detectives, I think that's enough.

242. Unless a balanced diet is a crime, we're done.

243. Jacob's mother and her mouthpiece want

244. to take him home.

245. We've got to let them.

246. Who are you?

247. Steve Krause, social worker from ACS.

248. We're not done investigating.

249. Can't you put him in a foster home overnight?

250. Not without a significant statement

251. about abuse from Jacob.

252. Mr. Krause, you don't need a statement. Turn around.

253. That kid is terrified of his mother.

254. That's your interpretation.

255. I spoke to Jacob.

256. He told me he wants to go home.

257. Did he tell you that he was hungry?

258. Jacob's not malnourished.

259. His mother uses food to control him.

260. A mother has a right to her dietary beliefs,

261. even the kids who'd rather eat junk food,

262. Just because she's different,

263. doesn't mean that she's guilty of abuse.

264. Different.

265. Sounds like she's emotionally abusive.

266. That's very hard to prove.

267. Best I can do is recommend family counseling.

268. Is that it?

269. I'll make a follow-up visit tomorrow,

270. but tonight, Jacob has to go home.

271. I don't like this.

272. I'm telling you, that mother is wound way too tight.

273. This is my business card, okay?

274. On the back is my cell phone number.

275. Call me anytime if you need anything, okay?

276. Thanks.

277. Maybe we'll go out and get some pancakes.

278. If my mom says it's okay.

279. Let's go home.

280. I'll see you in the morning.

281. What time?

282. 9:00 A.M.

283. We'll be there.

284. Dad! No cheating! Who's cheating?

285. Who are you calling a cheater, huh?

286. I'm going to put you down.

287. Kathy.

288. Hey, why don't you go get us some cookies?

289. Hello?

290. Jacob?

291. Jacob, is that you?

292. Is that the boy from today?

293. Yeah, I think so.

294. Go.

295. Mrs. Nesbit?

296. It's Detective Stabler.

297. Is anyone home?

298. Single gunshot to the temple.

299. Stippling around the wound.

300. The gun was found by Jacob's right hand.

301. Suicide? Not a chance in hell.

302. The gun jammed when someone tried

303. to chamber the second round.

304. Kind of tough to do that

305. when you've already shot yourself in the head.

306. When did this happen?

307. M.E. says between 8:00 and 10:00 p.m.

308. Jacob called me at 9:07,

309. so it happened after that.

310. Any word from Marilyn or Adam?

311. No. They're in the wind.

312. If Adam's not already dead, too.

313. Elliot, this is not your fault.

314. You didn't send that boy home. ACS did.

315. Screw ACS.

316. I knew something was wrong.

317. I watched that boy walk out that door.

318. Any idea where Marilyn Nesbit might be headed?

319. No friends, no close relatives,

320. no address book.

321. Why kill one kid and not the other?

322. Abusive parents frequently single out one child.

323. Adam obeys her, Jacob doesn't.

324. Maybe that's why Adam gets enough to eat.

325. Or maybe she did try to kill Adam,

326. but the gun jammed.

327. So, what? She's on the run,

328. just dragging this kid with her?

329. Or maybe she's already killed him,

330. and she's out dumping the body.

331. What is her motive for killing her children?

332. She destroys the things she loves

333. so that no one else can take them from her.

334. The archetype is the Greek tragedy Medea.

335. Medea. She killed her kids

336. to spite their father.

337. Yeah. Or, in this case, to spite ACS.

338. They were coming that morning.

339. If Marilyn Nesbit wouldn't have her children,

340. no one would.

341. I dumped the phones.

342. Other than calls from that shyster Brockmorton,

343. Marilyn hasn't spoken to anybody in days.

344. And I got Marilyn's financials: no income.

345. She's been living off her husband's life insurance.

346. The money is getting low.

347. Any activity on her credit cards?

348. Still waiting on the report.

349. I got it flagged, just in case she uses them.

350. DMV's got a car registered in her name.

351. May not have to. Well, get it out on the teletype.

352. That car comes standard with Auto-Pilot.

353. You know, you're lost, you need directions,

354. you push a button, and it tells you where to go.

355. No kidding? How do they track the car?

356. Built-in GPS transponder.

357. It sends out a signal.

358. Thank God for technology.

359. Now we just got to get Auto-Pilot

360. to track Marilyn's car.

361. Well, let's encourage them with a court order.

362. Are you sure this is legal?

363. Judge signed it. You're in the clear.

364. Give me the car's VIN number.

365. 2036613220.

366. Got it. Right here.

367. Car's not moving.

368. Can you zoom in on that?

369. Sure.

370. She's in the Bronx, by the Westchester border.

371. Cross streets are East Drive and River Road.

372. Okay, can you call us

373. if the car starts moving again?

374. Well, I can do better.

375. Track her with this.

376. I'll program in her signal.

377. Okay, turn right here.

378. She hasn't moved yet.

379. We're close.

380. Westchester Mall.

381. Great place to dump a car.

382. Yeah. With a body in the trunk.

383. I don't see any blood.

384. Empty.

385. So where the hell did they go?

386. Maybe they came up here to meet someone.

387. Got no friends or family.

388. Only contact is with that Homeschool League.

389. That's it.

390. John, it's Olivia.

391. Call the Board of Education.

392. Find out if any other homeschool families

393. using the same curriculum as Marilyn Nesbit

394. live near Westchester Mall.

395. Next house on the list is Nancy Kester.

396. Homeschools her daughter Polly.

397. How many we got left?

398. Three more after this.

399. Can I help you?

400. Yeah. Police.

401. Do you know a Marilyn Nesbit?

402. Of course. Why?

403. Have you talked to her recently?

404. Actually, I just picked her up from the mall.

405. She called me when her car broke down.

406. Do you know where she is now?

407. She's in the kitchen baking cookies with the kids.

408. What kids?

409. Adam and my daughter.

410. What's going on?

411. Leave us alone.

412. Marilyn, just take it easy.

413. Mom, who are these people?

414. The police. Marilyn, what happened?

415. They want to take my kids away from me!

416. Step over here.

417. Adam, I need you to come with me.

418. You can't take my son! Go away!

419. Let her go!

420. Please come with me.

421. I love you, Adam.

422. Everything is going to be fine.

423. Don't say a word. Be a man. Be a man.

424. Marilyn Nesbit, you are under arrest

425. for the murder of Jacob Nesbit.

426. You have the right to remain silent.

427. Anything you say can and will be used against you

428. in a court of law.

429. Why are you doing this?

430. My son is dead.

431. Now you're persecuting me.

432. We're investigating a homicide.

433. Kids play with guns.

434. Accidents happen.

435. And that boy was murdered.

436. You can't prove that.

437. Sure, we can.

438. Ballistics excludes a self-inflicted injury.

439. I'm sure they also told you

440. my client's prints weren't on the gun.

441. Textured grip.

442. They wouldn't be.

443. What possible motive did she have?

444. Jacob called Detective Stabler.

445. He was about to open up about his mom.

446. I can't imagine what he would have told you.

447. Marilyn has nothing to hide.

448. Good. Where did she get the gun?

449. I bought it for protection.

450. Living alone in a house with no man...

451. I'm afraid.

452. My client is aware she broke the law

453. by having an unlicensed handgun,

454. and she'll take full responsibility

455. for her actions, but she did not

456. shoot her son.

457. Then why did you run when he got shot?

458. How could you just leave him there?

459. I wasn't even there when it happened.

460. Where were you?

461. At the store.

462. When I came home, Jacob...

463. was dead on the floor.

464. Was Adam with you?

465. No. He was home.

466. Ask him.

467. He was so frightened, he could barely speak to me.

468. Marilyn Nesbit was at six different stores.

469. Clerks remember her.

470. She used a credit card each time.

471. Transactions cover the whole range for time of death?

472. Yeah. Some of the stores even have her on videotape.

473. So there's no way that she shot Jacob?

474. Liv, it could have been an accident.

475. How's my mom?

476. She's fine.

477. Can I see her?

478. Not right now.

479. Have a seat.

480. She said that we could talk with you.

481. Adam, we know that your mom wasn't home

482. when your brother was shot.

483. So now it's up to you

484. to tell us what really happened.

485. I don't want to talk about it.

486. Your mom must have been pretty mad when Jacob ran away.

487. She still loved him.

488. She loves me, too.

489. Jacob told you lies about mom.

490. ACS was going to take us away.

491. That's not true.

492. They just wanted to check up on you guys.

493. Make sure you and your brother were safe.

494. You're lying.

495. They were going to put us

496. in foster care.

497. Do you know what happens to those kids?

498. They get abused and molested.

499. I can protect myself, but Jacob can't.

500. He's too little.

501. But the gun would protect him.

502. And that's why you took your mom's gun—

503. to protect your brother.

504. Adam, if it was an accident,

505. then you're not going to get in trouble,

506. but you have to tell us what happened.

507. I took the gun from the closet.

508. I told Jacob to shut his eyes, and I shot him.

509. He's in a better place.

510. Docket ending 0050 People v. Adam Nesbit.

511. Murder in the 2nd Degree.

512. How does your client plead?

513. Not guilty, by reason of mental disease or defect.

514. Excuse me, ma'am, but she's wrong.

515. I did it. I'm guilty.

516. Adam.

517. Miss Jameau, please explain to your client

518. that his statements can be used against him.

519. I shot my brother.

520. I know I have to go to jail.

521. Your Honor, I ask that Adam's remarks be stricken

522. and a plea of not guilty be entered.

523. Your client just confessed to murdering his brother again.

524. Which shows that he is clearly not competent

525. to assist in his own defense.

526. The People will show Adam knows right from wrong

527. and should be allowed to enter the plea of his choice.

528. He's an emotionally disturbed adolescent.

529. He can't make that choice.

530. Enough.

531. I'm ordering a 7:30 exam.

532. Until the shrinks weigh in, he's not guilty.

533. So much bad stuff happens to kids.

534. They get kidnapped and molested all the time.

535. Oh. Is that why your mom homeschools you?

536. Yes.

537. We learned so much

538. and we don't have to be afraid of getting hurt.

539. Like at Columbine.

540. Actually school shootings are pretty rare, Adam.

541. That's not what my mom says.

542. Plus, there's drugs and gangs and bullies.

543. What do you think?

544. Same as my mom.

545. Kids get hurt or killed for no reason.

546. Like your father?

547. After he died, Mom wanted to keep us safe,

548. and we were... till Jacob talked to the cops

549. and the government tried to take us away

550. and put us in foster care.

551. People were concerned about what was going on in your home.

552. Nothing was going on.

553. Everything was fine until Jacob messed it all up.

554. So were you mad at him?

555. No.

556. He's just a kid.

557. He didn't know what he was doing.

558. Then why did you shoot him?

559. To save him from something horrible happening to him.

560. Do you think killing your brother was wrong?

561. I broke God's law

562. and I should be punished, but I had to do it.

563. Why did you have to do it?

564. Jacob is better off dead

565. than being raped and abused in some foster home.

566. Adam's competent to stand trial,

567. but he's got some serious emotional problems.

568. Clinically he's paranoid.

569. So Adam really did kill Jacob to save him.

570. Adam didn't think he had any choice.

571. It was the only way to protect his brother from harm.

572. His mother convinced him

573. that danger lurks around every corner

574. and the only safe place is home.

575. You think Marilyn's as guilty as Adam is?

576. They convicted that mom in Connecticut

577. whose son hanged himself.

578. She'd been told repeatedly to get her son

579. psychiatric treatment long before his suicide.

580. So was Marilyn.

581. I think she's responsible for Jacob's death.

582. But Adam didn't commit suicide, he killed his brother.

583. He broke the law and pled guilty.

584. I can't ignore that.

585. D.A.s cut deals with guilty people all the time.

586. What makes Adam any different?

587. Thank you for seeing me, Judge.

588. Oh, Casey, stop calling me Judge.

589. I'm not on the bench anymore.

590. It's a habit from when I used to clerk for you.

591. And while we're having drinks, call me Mary.

592. What should I call you

593. when I'm begging for advice?

594. Brilliant.

595. So, why did you go into private practice?

596. Three boys in college

597. and an ex-husband whose checks were always late.

598. I could hardly get by on a judge's salary.

599. So, tell me about the Nesbit case.

600. Oh, the boy thought he was doing the right thing

601. when he shot his brother.

602. He's willing to go to jail for it.

603. You don't know what to do.

604. No.

605. I don't think Adam Nesbit was acting of his own volition.

606. You mean you don't want to indict him.

607. I guess I don't.

608. It's weird, I never used to feel this way.

609. It was simpler when you did white collar.

610. An executive embezzles, the motive is greed,

611. that's easy— nail his ass.

612. SVU cases aren't nearly as clear.

613. And this kid, he's like a ventriloquist dummy.

614. Whatever mom says, he says.

615. Oh. So, mom's to blame.

616. Are parent's responsible for their children's actions?

617. That's the question.

618. I don't have the answer.

619. Find it.

620. And while you're at it,

621. figure out how you feel.

622. Do you feel this boy deserves to be charged?

623. Do you feel the facts fit the charge under the penal law?

624. Did the boy have intent?

625. I don't know what he was thinking.

626. Well, find out.

627. And find out why your defendant

628. isn't rebelling against his mother,

629. like a normal teenage boy.

630. Adam was always serious.

631. A little intense but very gentle.

632. Certainly not violent.

633. Did Adam ever talk to you about his mother?

634. Not really.

635. Mom, can I go?

636. I really need to review my French.

637. All the verbs in section six.

638. I'll drill you later.

639. Polly is very confused by what's happened.

640. She's known Adam for years.

641. Were they close?

642. Well, she had a crush on him.

643. Marilyn noticed, didn't approve.

644. They stopped visiting us after that.

645. Actually, I was surprised when she called from the mall.

646. She didn't want Adam to have a girlfriend.

647. She didn't want Adam to have any friends.

648. She kept those boys a little close for my comfort.

649. Made me wonder.

650. About abuse?

651. Nothing sexual.

652. I just wondered if homeschooling was healthy for her kids.

653. Why?

654. Well, some families homeschool

655. for religious reasons.

656. Others, like us, we can't afford private school tuition,

657. but we don't like the chaotic, overcrowded public schools.

658. And Marilyn?

659. She wanted to control those boys completely.

660. Maybe it was her way of keeping them safe.

661. Miss Novak!

662. Yeah?

663. I... think I'd better give you these.

664. "My mom keeps telling me stuff that scares me.

665. I want to run away, but I can't leave Jacob."

666. Those are my e-mails.

667. Where did you get those?

668. Polly Kester gave them to us.

669. You can't tell my mom.

670. I'm not supposed to do that.

671. Miss Novak won't tell your mom.

672. She just wants to help you.

673. It's none of her business.

674. "Polly, do you think there are things so bad,

675. you'd be better off dead

676. Stop! than living through them?"

677. Please, stop!

678. "Polly, why haven't you answered me?

679. "My mom wants me to do something.

680. I don't know what to do."

681. Adam, you wrote that the night Jacob died.

682. Make her go away.

683. Adam, you have to tell us what happened.

684. What did your mom want you to do?

685. No, I won't talk about it.

686. You wanted Polly Nester's help. It's too late!

687. It's not.

688. Yes, it is.

689. I'm not supposed to be here.

690. I should be dead.

691. You shot Jacob, and you tried to kill yourself...

692. but the gun jammed.

693. That bitch is responsible, but I can't touch her.

694. The e-mails don't implicate Marilyn in Jacob's death.

695. She put crazy ideas in his head that made him kill his brother.

696. Yeah, but it's tough to prosecute a parent

697. for giving their kid warped views on the world.

698. Even if it cripples them.

699. Bringing up Adam with paranoid ideas isn't against the law.

700. I mean you can raise your kid to be a racist

701. so long as it doesn't cause harm.

702. Well, there's your difference right there.

703. This is like vehicular homicide.

704. Adam is the car, Marilyn is behind that wheel.

705. Her paranoia drove his actions.

706. Can you charge Marilyn with causing Jacob's murder?

707. Her gun, her fears, her beliefs.

708. I could argue Marilyn facilitated the murder,

709. but legally it's a long shot.

710. So we've got nothing to lose.

711. If you have more questions, call my attorney.

712. Make an appointment.

713. Call her yourself. Have her meet you down in arraignment.

714. What is this?

715. Marilyn Nesbit, you're under arrest for criminal facilitation

716. in the murder of Jacob Nesbit.

717. You have the right to remain silent.

718. Anything you say can and will be used against you in a court of law.

719. You have the right to an attorney...

720. Who are you?

721. I'm George Huang.

722. I'm a psychiatrist.

723. I evaluated Adam.

724. Huh.

725. You think he's crazy?

726. Not crazy.

727. Fearful.

728. He's smart.

729. He knows the danger in this world.

730. Because you taught them to him.

731. Look, I grew up without a home.

732. No mother, no safety.

733. I don't sugarcoat the truth.

734. How did Jacob respond to the truth?

735. He thought I was being unfair.

736. But life isn't fair, is it?

737. If it was, my husband would be alive, my son would be alive.

738. None of this would have happened

739. if Jacob had listened to me.

740. How did Jacob disobey you?

741. He would never accept that I was right.

742. Always right?

743. About what was right for him.

744. I am his mother.

745. Well, sometimes even good parents make mistakes.

746. Do you have any children?

747. No, I don't.

748. I didn't think so.

749. You see, for me, you're just a short little man

750. with a nasty little mind.

751. You're trying to twist my words

752. and get me to say things.

753. Think I'm stupid?

754. And you're right, I am,

755. for sitting here and listening to you.

756. Now, will you please call my lawyer?

757. What the hell was that?

758. Marilyn's response to stress.

759. How can she be reading the paper

760. as if nothing happened.

761. Because she has a borderline personality disorder.

762. She compartmentalizes the world.

763. She's always right, and anyone who challenges her

764. is not only wrong but her enemy.

765. Including her children?

766. Absolutely.

767. Adam always obeyed her and so he was good.

768. Jacob didn't, so that made him bad.

769. So she doesn't really love them.

770. It's a twisted, narcissistic kind of love.

771. As soon as her kids show any individuality,

772. she perceives it as rejection and an attack.

773. What made her this way?

774. Inadequate attachment to her own mother,

775. maybe she was abused herself.

776. But her husband's murder unleashed her paranoia.

777. He gets killed, so the outside world's dangerous.

778. Adam's teacher challenges her parenting,

779. so school's a bad place.

780. Can you sell it to a jury?

781. Let's see if a judge buys it first.

782. This is ludicrous, Your Honor.

783. My client in no way facilitated her son's murder.

784. Adam Nesbit shot his brother

785. because their mother told him they'd be better off dead

786. than in foster care.

787. After making these inflammatory comments,

788. she left her frightened children

789. home alone with a loaded gun.

790. What did she think was going to happen?

791. So your psychic now?

792. You can read my client's mind?

793. All I had to read

794. were Adam's e-mails.

795. "My mom wants me to do something."

796. But you had no idea what Adam Nesbit meant by that.

797. No, but Marilyn Nesbit

798. made sure that Adam thinks

799. only what she wants him to think.

800. Can't you see what's going on here, Your Honor?

801. The People are persecuting my client

802. because the government doesn't approve

803. of her choice to homeschool.

804. So this is a politically motivated witch-hunt?

805. If Adam went to a government school

806. and shot a fellow student there,

807. would Ms. Novak be charging his mother?

808. The facilitation charge is legally sufficient.

809. We'll see what the grand jury has to say.

810. Cross one-90-50 notice.

811. My client will testify at the grand jury,

812. and I'm sure they will find a bereaved mother

813. very sympathetic.

814. Regarding last Tuesday, Mrs. Nesbit,

815. you've stated you had no idea

816. what Adam was planning to do when you left the apartment

817. the night of Jacob's death?

818. Yes, ma'am.

819. And where did you go?

820. The grocery store...

821. the pharmacy and, um, a couple of other shops.

822. The prescription you picked up

823. wasn't due to be refilled for another week.

824. Mm-hmm.

825. Jacob, uh... had some stomach problems.

826. I always like to have a full supply

827. of his medication on hand.

828. Or perhaps you wanted an airtight alibi.

829. I'm just careful

830. about my son's health.

831. You were careful to stand

832. underneath the video cameras

833. and to pay with a credit card for a five-dollar purchase.

834. I know how you people work.

835. If I had paid with cash and had no record of buying his pills,

836. you'd be charging me with medical neglect.

837. So everyone's

838. out to get you, Mrs. Nesbit?

839. I never said that.

840. But it's clear,

841. you don't approve of how I'm raising my sons.

842. We're here today

843. in a matter of your son— Jacob's death.

844. Nothing more.

845. You're trying to take my children away from me.

846. I know how you people are.

847. Police, district attorneys, DYFS...

848. you destroy families!

849. Be careful.

850. If you don't live your lives by their rules,

851. they'll come after your kids too.

852. I got your 911. What's the emergency?

853. When Marilyn was testifying,

854. she was talking about social services

855. taking her kids away.

856. But she didn't call them ACS; she said DYFS.

857. Division of Youth and Family Services in New Jersey.

858. Why is a New Yorker calling ACS by an out-of-state name?

859. Stall the grand jury.

860. Let's take a road trip.

861. There's no record of a Marilyn Nesbit in our system.

862. Nothing on Adam or Jacob Nesbit either.

863. Maybe she used a different name.

864. Is there any other way that you can check?

865. You've got D.O.B.s on the family?

866. Right here.

867. All right, let me try first names and birth dates.

868. Here's something.

869. A Marilyn Chesterfield.

870. Same D.O.B., with a son Adam,

871. but no Jacob.

872. What's the allegation?

873. Happened back in 1995,

874. so it's archived here.

875. Give me a minute.

876. It's got to be her.

877. Adam was six, Jacob wouldn't have been born yet.

878. Okay, so why's Marilyn using a different name?

879. Here it is.

880. Child came to school with welts and bruises.

881. States his mother beat him.

882. Child afraid to go home. Placement requested.

883. She beat Adam.

884. No, the child's name is Daniel.

885. Who the hell is Daniel?

886. An older son.

887. Here, the narrative says that the mother went back

888. to her maiden name, but her married name

889. was Marilyn Chesterfield Nesbit.

890. Mom was always a little crazy, you know?

891. With weird diets and stuff,

892. but Dad kept her from going off the deep end.

893. When he got killed, she just lost it.

894. How old were you?

895. Thirteen.

896. Adam was, uh, six.

897. Mom was pregnant with Jacob.

898. I mean, she was pretty paranoid, you know?

899. She moved us out here to Jersey.

900. She changed our name to Chesterfield.

901. She said that they would kill us

902. if we stayed in the city.

903. How did you wind up in foster care?

904. When my dad got murdered...

905. He went to that store because I wanted milk for my cereal.

906. My mother blamed me for his death,

907. so she started beating the crap out of me.

908. Finally, I couldn't take it anymore and I told my teachers,

909. and they said that she'd get help

910. and then I could go home.

911. But you didn't?

912. My mother never showed up for family court.

913. She disappeared.

914. They couldn't find her.

915. So I stayed in the system until I was 18.

916. Then I joined the Navy.

917. I got out last year.

918. You ever try to contact your mother?

919. I thought about it.

920. I was mad at her for a long time.

921. But things got better once I was away from her.

922. Um, nobody hit me.

923. My foster parents are good people.

924. And I thought

925. I was just better off.

926. What about Adam?

927. She never hit him.

928. I thought he would be fine.

929. I...

930. I should have gone back.

931. I could've stopped it.

932. You didn't know.

933. I left him there with her.

934. Look, he needs you now.

935. You're wasting your time.

936. I won't talk about my mom.

937. All you have to do is listen.

938. Hello, Adam.

939. Who are you?

940. I'm your brother.

941. You can't be.

942. Daniel's dead.

943. He got killed in foster care.

944. Mom told me all about it.

945. She lied to you, Adam.

946. She wouldn't do that!

947. She loves me!

948. I never stopped thinking about you, Adam.

949. I've always kept this.

950. Remember?

951. Remember, I taught you how to ride a bike.

952. You were so afraid

953. you were going to fall...

954. but I wouldn't let you.

955. She lied about you.

956. She lied about everything.

957. She lied about the night Jacob died, didn't she?

958. Tell me what happened.

959. When Mom brought Jacob home,

960. after he ran away, she was so mad.

961. She kept yelling that we were going to foster care

962. and that we were going to be raped

963. and beaten to death, just like Daniel.

964. She said if I was really brave, I could stop it from happening.

965. She went to her room and came back with the gun.

966. She said it was up to me.

967. She said that we wouldn't suffer

968. and that we'd be together in heaven.

969. Dad and Daniel...

970. I believed her...

971. and I shot him.

972. Oh, my God.

973. What have I done?

974. What did I...?

975. Ms. Novak. You could have sent the indictment to my office.

976. Adam.

977. Why did you tell me all those lies, Mom?

978. Why did you tell me

979. to shoot Jacob?

980. What have you done to my son?

981. They told him the truth.

982. Hello, Mom.

983. What the hell is going on here?

984. Ask your client.

985. Marilyn?

986. Who is this?

987. It's a trick.

988. It's her son, Daniel.

989. Daniel's dead.

990. Thanks to you, my whole family is gone.

991. And you're next.

992. You'll never be safe.

993. They'll kill you,

994. like they killed your father.

995. Don't listen to them.

996. Adam, I'm your mother!

997. I'm the only one you can trust!

998. Captioning sponsored by

999. and NBC

1000. Captioned by Media Access Group at WGBH access.wgbh.org