Law & Order (1990–2010): Season 19, Episode 13 - Law & Order - full transcript

Detectives have two viable suspects in the firebombing of an Army recruiting center that killed an infant inside the building, but an overzealous vigilante crime-fighting group interferes with the investigation

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criminal justice system

the people are represented by two
separate yet equally important groups,

the police who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.


MAN: Let me in! Hey, let me in!


You know you want me.
(STAMMERS) I'm a killer!

I got a gun, and
I'm ready to go!


Shut up, baby!


COP: Witnesses heard breaking
glass coming from the Recruiting Center,

then a minute
later an explosion.

The arson squad found what
was left of a can of butane

with an attached blasting cap.

Improvised incendiary device.

They broke the
window and tossed it in?

They probably
used that brick there.

Were there any victims?

COP: A female, mid-20s.

Witnesses saw her
unconscious on the floor,

broke down the doors
and dragged her out.

EMS thinks she's
going to make it.

BERNARD: Somebody
deserves a medal.

Was she a soldier? Could be.

She had no ID. She wasn't
in uniform, just civvies.

Anti-war terrorists?

Or our First
Amendment in action.

This is Sergeant Rodney James.

He runs the Recruiting Center.

My CO got me out of
bed. What happened?

Well, we're still
sorting it out.

Where's Carly? Is she okay?

Who's Carly? She's
my buddy's wife.

She was staying here overnight.

She's at the hospital,
she's going to be okay.

Uh, she had her
baby with her, Mikey.

Where is he? Did you see him?

Oh God.

SGT. JAMES: Carly came in from
Pennsylvania on the bus yesterday.

She didn't have any
money for a hotel,

so I let her stay
here, just the night.

There's a cot. Her
and the baby could rest

before getting back
on the bus this morning.

Why'd she come to the city?

Her husband Mike's
MIA in Afghanistan.

She thinks the Army's not
doing enough to find him.

And she thinks he's still alive?

It's been four months.
She went to talk to a guy

from Mike's unit at
the VA in Queens.

She just wants answers.

Did anybody know that you
were letting her sleep here?

Are you kidding?
I'm going to get

busted down to private for this.

Any idea who
might be behind this?

We get threats, we
report them to the police.

We'll look into it.

Anything happen
around here yesterday?

Yesterday we had Megaphone Bob.

He shows up once a week,

reads off the names of
casualties in Iraq and Afghanistan.

We got an ongoing
issue with him,

how many feet from the
entrance he can stand.

Yesterday he got
inside the crease.

I flagged down a patrol
car to clear him out.

My officers called
from the hospital.

We got the okay
to talk to the girl.

LUPO: Thanks, we'll be in touch.

CARLY: (CRYING) Oh God, my baby.

The social worker
just told me what...

It's not right. God
took my baby.

We're very sorry,
Mrs. Di Gravia.

Do you remember what happened?

(SIGHS) I was in the back room,

with Mikey

trying to get him to sleep.

People, drunks, had been banging

on the door and
yelling all night.

I heard glass break,

and I left Mikey on
the cot to go and see,

just for a minute.

Then the air just
exploded into fire

and I tried to find Mikey,
but with the smoke...

LUPO: It's all right.

These drunks, you think
you can describe them for us?


It was too dark.

Is there anybody
you'd like us to contact?

Your family in Pennsylvania?

I just want to talk
to my husband.

He's in Afghanistan.

You ask the Army.

Now they'll have to find him.

A firebomb in a
recruitment center.

We need to start rounding
up some old '60s radicals.

You know, that's the
talk I don't want to see

end up on the 6 o'clock news.

You got a war widow
and a dead baby here.

The media's going
to be all over this.

Now where are we on
this Megaphone Bob?

Two officers who moved him away

from the center
yesterday, didn't arrest him.

They took his name and address,

but both of those are bad.

All right. Check with
the local precinct.

See if anybody else
had business with him.

And get Cormack
to do a news search.

Maybe someone did a story
on Bob's weekly protests.

Yes, what do you have?
The Comments section

of the coverage of the
bombing in today's paper.

You check what
readers have posted,

sometimes you find somebody who
knows something and wants to talk.

And sometimes you just find
somebody who likes to talk.

Yeah. So listen to this,

"I think we were down the
street from where this happened.

"My husband was videoing me

"next to the museum of sex

"when we heard
a window breaking.

"We got scared and
ran back to the hotel."

Well, if that's for real,
we need to see that video.

WOMAN: I knew we were in danger
when we heard the glass break.

I told my husband we
had to get out of there.

You two are filmmakers?

No. We're teachers
in Philadelphia.

We're filmmakers, too.

Here we go.

Tell me! What is the
compulsion to cage wildness?

The Recruitment Center
is right around the corner.

Who do we fear when
we encase it behind glass?

Are we protecting
ourselves... Now here it comes.

From our teeth?


get out of here!

MAN: That's all we got.

Let me see that camera.

If I wanted to
play it in slow mo?

MAN: This is so cool. (LAUGHS)

In the biker's hand. What
does that look like to you?

A red brick. Yeah.

We got a guy on a bike in a
Panthers Football shirt carrying a brick.

Well, get Cormack
working on that, too.

In the meantime the Chief of Ds

sent over two ladies
to help us with our case.

They have information? Not yet.

They're here to volunteer.

Since when do we
take volunteers?

It wasn't an option.

We are the founders
of Operation Molly,

a citizen army who work with
the police to solve difficult cases.

And we have decided
to take on this case.

You can see, we have many
letters of recommendation

from the detectives
we've assisted.

Molly was a murdered
teenager in Florida.

Her body went unidentified for
five years until we intervened.

What do you mean "intervened?"

We traced her tennis shoe from
the manufacturer to the point of sale.

Then we accessed missing
child records from that location.

We brought Molly's
body home to her family.

You did all that
with the internet?

It says here you're web sleuths.

We use the internet initially.

Operation Molly can put
hundreds of people to work on this.

VAN BUREN: Yes, well...

We're releasing a photo today.

A person of
interest in the case,

and we're asking
the public to help with

IDing him from his
sweatshirt and his bicycle.

We've done stuff
like that before.

Well, anything you
find, you call me.

And of course,
everything is hands off.

Am I clear? Of course.

Vigilante crime-solving.

That doesn't smell right to me.

Well, they're going to help
us whether we want it or not.

We may as well keep 'em close.

The Times did a piece on your
megaphone guy three months ago.

His name is Bob Tavish.

He's got a few unlawful
assembly beefs back in Seattle.

A bi-coastal protestor.

Well, more like a
bi-coastal firebug.

Our West Coast colleagues say that
Tavish was on a short list of suspects

in an arson at a condo project.

NYPD. You Bob Tavish?

You know I am.

All right, come back here!
We'd like to talk to you.

I know why you're here. I don't
need a bomb to make my point.

The names of the dead
speak for themselves.

Now, I'm late for work.

Excuse me, what do
you think you're doing?

I'm looking to buy a bike.

Kind of like yours.

By the way, the Seattle PD,

they send their regards as well.

You know, they're still looking
for someone on that condo fire?

Yeah, I guess your point was you have
to burn down the environment to save it.

Look, I put Seattle behind me,
okay? I'm not looking to go back.

I didn't bomb the
recruitment center.

But this guy came
up to me yesterday.

His sister was killed in Iraq.

He said she
enlisted at the center.

He was worked up, he wanted to
make sure I had her name on my list.

What was her name?

Sherman. Linda Sherman.

Turns out I didn't have
her name on my list.

DEREK: What the hell are
you doing? Get away from there!

We have a right to
search your garbage.

BERNARD: Hey! Hey, hey, hey!
LUPO: Break it up! Break it up! Relax.

He's got bricks back there!

Take your people to the
sidewalk. Please. Give me that.

You Derek Sherman? Yeah.

All right, let's go
around back and talk.

My partner will handle this
out here, don't worry. Let's go.

That garbage is
abandoned property.

Actually not until he
puts it on the sidewalk.

What are you guys
doing here anyway?

We identified his
sweatshirt, Panthers Football.

It had an uncommon font.

Our clothing
identification traced it

to a high school in Maryland.

From there it was easy to track
the graduates in New York City.

Well, I'm impressed ladies, but
my Lieutenant was clear with you.

You find anything, you call us.

Your investigation
was moving too slow.

A precious baby is dead.

Yeah, and now these bricks
you found are tainted as evidence.

You want justice, you're
going to have to back off.

Now please, go
back to your cars.

You're crazy! I didn't
firebomb nothing.

Hey, I just report
the news, okay?

Were you at the Recruitment
Center three days ago?


I do deliveries for a
deli, I was riding by,

I saw this guy
reading off names.

My kid sister got
killed six weeks ago

I wanted to make
sure he had her name.

I'm sorry for your
loss, Mr. Sherman.

For what it's worth,

I personally appreciate what
your sister did for this country.

Yeah, yeah. My kid
sister died for nothing,

but I didn't bomb that place.

I follow what you're saying,

but I still have to ask you

where you were three
nights ago, around 11:00?

(LAUGHS) I was at
McMullen's Tavern.

Ask anyone. I'm a regular.


Down in the Flatiron District?


Now, how about you do something
and keep these crazies away from me?

Mr. Sherman came in drunk

a few times last month
to talk about his sister.

BERNARD: Oh, what did
he have to say about her?

She shouldn't have been in
Iraq, but she got stop-lossed.

I gave him the names of
support groups for service families.

That's about it, sorry.

BERNARD: We saw that you
went to see Carly yesterday.

Did she talk to you
about the explosion?

She doesn't remember much.

It's hard to believe so much misery
can fall on a couple of coal crackers.

Coal crackers?

That's what Mike
called him and Carly.

Why, because they're
from coal country?

That's why Mike enlisted. He didn't
want to follow his family into the mines.

What about Carly's family?

They work in the mines too?

Her dad does.

You know what he does exactly?

Mike said he was a shotfirer...

Rodney? Something like that.

Excuse me a minute. Yeah, sure.

A shotfirer is the guy who sets
off the explosives in the coal mines.

It wouldn't be hard for
someone close to him

to get hold of his
blasting caps. Mmm-hmm.

What was that Carly said?

Now the Army will
have to find her husband.

Oh, Lupes, let's hope
you're wrong about this.

The fire started here, then moved to
the back where the baby was sleeping.

LUPO: These blasting
caps are they easy to get?

No, it's a Black Cat. It's
only available industrially.

You gotta have federal
and state licenses.

They used in coal
mining? Yes, very common.

What about the bomb itself,

how hard was it to assemble?

Just take a blasting cap

and you tape it to a
store-bought can of butane,

light the fuse on the cap,

you're off to the races.

Hmm. Okay, thanks,
Detective. Okay.

Carly had access to
these blasting caps.

She had a beef with the Army,

she might have thought this
was a way to bring attention to it.

So she set off a bomb with her
baby no more than five feet away?

I'm not saying she had
a well-thought-out plan.

Well according to you,
she thought about it enough

to bring blasting caps
up from Pennsylvania.

Talk to me about
our other suspects.

Megaphone Bob was
leading the cheering section

at the Rangers game at
the time of the bombing.

He even made it
onto the Jumbotron.

As for Sherman, witnesses
saw him at McMullen's,

but the time
frame's pretty loose.

VAN BUREN: Does his bike
match the one in the video?

LUPO: We can't make out
the make of the one in the video.

BERNARD: But both of
them are the same color.

Yes, that's right. It's metallic
gray, a real one-of-a-kind.

Okay, let's forget
about the bikes.

There's the sweatshirt
from Sherman's high school.

And the bricks
near his tool shed

are a match to the brick that was
found in the recruitment center.

Yeah, and Sherman does not
have access to blasting caps,

and Carly does.

What's your
problem with the girl?

My problem is
you ruling her out.

Time out. Time out.

We have everything here.

Number one, let's find out

if Sherman might have
had access to explosives.

And number two, have the
Pennsylvania State Police

check to see what
kind of blasting caps

they use at the mine
where Carly's father works.

And three?

Mike's unit was ambushed in
the mountains of Afghanistan,

it was snowing.

His patrol came
back without him.

The buddy at the
Veterans Hospital in Queens

what did he tell you?

He said that no one
saw Mike get shot.

That's more than
what the Army told me.

VAN BUREN: You're angry at them.

don't return my calls.

Everything with them
is national security.

They weren't paying
attention to you.

No, ma'am.

Did you ever think
to do something

that would force the Army
to pay attention to you?

It would serve them right.

Yeah, it would. I bet
they're paying attention now.

They've been here
twice to see me,

and I got a call from a
Major in Washington.

He promised me
they're going to find Mike.

You forced them to
find your husband.

It's what any loving
wife would do.

No one's going to
blame you, Carly.

Blame me for what?

Could you get me that stuff?

So you've been getting mail?

People have been
leaving it downstairs.

Where'd you get this?

The people from Operation
Molly dropped it off.

They're helping solve the crime.

It's so weird seeing
my picture on a t-shirt.

You know Carly, we're going
to need you to stay a few days

after you're released
from the hospital.

Where would I stay?

We'll put you up in a hotel.



I wonder if people are
going to recognize me?

She didn't even
mention her baby.

She's more interested
in her own publicity.

Well, it could be that
she's just not be ready

to deal with the
loss of her baby.

Look, check with
this soldier at the VA.

See what mood she was
in when she talked to him.

SOLDIER: Haji had us
pinned for a good hour.

The snow was
falling pretty hard.

I lost sight of Mike. We had to
get our wounded out of there,

and we couldn't raise
Mike on his telecom so...

And this is what you told Carly?

Yeah, I was pretty
blunt with her.

I didn't expect her to show up
here, with the baby, you know?

Happy little guy he was.

How'd she take the news?

Oh, not good. I told
her, as long as he's MIA,

she can collect his salary,

so she should probably just embrace
the suck and take the bucks, you know?

"Embrace the suck?"

Well, make her peace with the
situation. The Army owes her.

She started yelling that it
wasn't about the money.

girl's got a temper,

which was just what
Mike always said, too.


Excuse me.


Derek, slow down.


Okay, don't do anything.
We're on our way.

Operation Molly strikes again.

DEREK: I show up to
do the lunch deliveries,

this guy is waiting for me.

He ran into me, knocked me
off my bike... Look at my face!

He knocked you
off on purpose? Yes.

He's one of those whackos
who was at my house.

He took my backpack,

and then this woman he had
with him called me a baby killer.

LUPO: Where are they now?
They're in that van, with my backpack.

They tried to drive away but
one of the other delivery guys

took the keys
out of the ignition.

Stay right here.

BERNARD: Hey, let me
have those keys, guys.

All right. You guys go
stand across the street.

Step out of the
vehicle, both of you.

We're so glad you showed
up, Officers. Oh, yeah?

We were going to
drive to your precinct

but these thugs
stole our car keys.

You took a backpack
from Mr. Sherman?

We took it as evidence.
LUPO: All right, that's it?

We were bringing it to you.

Give me my backpack,
you psycho. Hey, hey, hey!

What did he say?
What did we say? Relax.

Ma'am, give me the backpack.

Not if you're giving it
back to him. It's evidence.

Ma'am, give me the backpack.

Now can I have it?

No, this is stolen property.

It's going into evidence,

and you two are under
arrest for assault and robbery.

Put your hands on
the vehicle. What?

Put your hands on the vehicle!

was unacceptable.

That man could've
been seriously injured.

We're sorry.

You and your friends
have to stop now.

I'll post a recommendation
on our website.

No, no. This is not a
recommendation, this is an order.

The next time any of you
interfere with this investigation,

you will be arrested.

We'll stay within the law,

but you can't prevent
us from doing our work.

You don't want to try me.

The lab found traces of
butane in Sherman's backpack.

We got him.

Except the backpack
was in the custody

of our amateur
crime-busters before we got it.

A good defense attorney will
say they planted the butane.

We have good lawyers
too. Pick Sherman up.

BERNARD: Derek, hold up.

Make it quick, guys. I
got deliveries to make.

Well, we've got to
make a delivery, too.

You, to Central Booking.

What? You're under
arrest for murder and arson.

CLERK: "Docket Number
93250, People v. Derek Sherman,

"Arson and First Degree Murder."

WILSON: He pleads
not guilty, Your Honor.

JUDGE: People on Bail?

Where's counsel for the People?

Here, Your Honor.

Mr. Sherman is charged
with a terroristic act

and the murder of a
nine-month-old baby.

People request remand.

My client's got a job,
ties to the community.

Not to mention, the
People's so-called evidence

was gathered by
a mob of vigilantes,

some of whom you can
hear have joined us today.

MAN: Yo, Derek!

Stop that man and
confiscate his phone.

WILSON: You see
my point, Your Honor?

I do. Now here's mine.
Your client's remanded.


These people put
Trekkies to shame.

Motion to suppress the backpack
and the bricks from my client's tool shed.

Wow, you have high hopes.

Well, you know what they say about
being known by the company you keep?

You're the one with the
baby killer as a client.

Live long and
prosper, Mr. Wilson.

JACK: I can't believe
the police allowed

these people to come near
this case in the first place.

"These people" did identify

the biker in the video
before the police did.

And they found two
damning pieces of evidence.

Neither of which we
may be able to use.

Fat lot of good it does us.

Do what you can about
the motion to suppress.

But if any evidence
falls out, make a deal.

A plea bargain for killing a
baby? How can you defend that?

By acknowledging that
no reasonable person

could have anticipated
that a woman and her baby

had been allowed to spend
the night in a recruitment center.

Nice fig leaf.

It covers enough.

Suppression is a remedy that
punishes police misconduct.

The police did absolutely
nothing wrong here.

The bricks were
stolen by civilians.

WILSON: Who'd been
for all practical purposes

deputized to
investigate this case.

That's not accurate. They
helped identify a suspect in a photo

that was released to the public.

I think I just heard a
hair split, Mr. Cutter.

Talk to me about the backpack.

Again, it was
stolen from my client

by the same deputized
vigilantes after they mugged him.

We have affidavits
from the detectives

that these civilians were warned
to stay away from Mr. Sherman.

They were not working
as agents of the police.

Even granting that, the
People can't establish

a chain of custody
for the backpack.

The butane may have been
planted by the vigilantes.

That you'll have to argue
to a jury, Mr. Wilson.

The backpack is coming
in. The bricks are out.

See you in court.

Fig leaf, anyone?

Twelve years? But
I didn't do anything.

Derek, let me talk. I don't know
anything about blasting caps or butane!

I don't even own a lighter!

It's 12 years now
or 50 if we go to trial.

Fifty years for throwing a
brick through a window?

'Cause that is all I did.

That's right. I got drunk and
I got angry about my sister.

I'm not pleading
to anything but that.

Mr. Cutter, my client and I need to
talk. There's nothing to talk about.

Mr. Sherman, you got a
taste at your arraignment

of what's waiting
for you out there,

all those people
calling you a baby killer.

When we put that child's
mother on the stand,

talking about her loss...

Don't talk to me
about loss. (CRYING)

You put me on that stand,

I'll tell you about my sister.

How we were in a foster home

and I practically raised her.

And then the Army, they were
supposed to keep her safe.

All she was going
to do is drive trucks.

And then they put
her in a convoy,

with nothing but hillbilly
armor to protect her...

Screw this. And screw you.

CO, on the gate!

You don't know what
this means to me, Adam.

All right, good luck
with Mr. Mugabe.

Adam? Adam Schiff?

Yes. He's in Africa
with Jimmy Carter,

waiting for permission
to enter Zimbabwe.

He read about my candidacy
on the Internet of all places.

He just called to offer
me his endorsement.

So that's where you've been getting
your "Let's make a deal" advice.

How did that work out?

Sherman passed, but not
before admitting he threw a brick

and nothing but a brick
through the window.

A step in the right
direction. Right?

Just convict Sherman.

Hey, Lieutenant Van Buren just heard
from the Pennsylvania State Police.

The blasting caps Carly's
father uses in the mines

the same brand used
to make the firebomb.

CARLY: Do you mind if I put
on my make-up while we talk?

No. I made a friend
and she's taking me out.

Who's the friend? Vicki.
I met her in the lobby.

Do you think this
dress is pretty?

Operation Molly
bought it for me.

It looks fine.

Listen, Carly. Um,
the reason we're here.

We'd like you to
take a lie detector test.

Why? You think I lied?

Well, you're going to be
testifying at Derek Sherman's trial,

and we want to be sure
you told the truth, all of it.

I don't know what I can testify
about. I didn't see anything.

Is there a reason you
don't want to take a test?

Maybe I just don't like tests.

If you're nervous about
it, you should know

that we can't use the
results as evidence.

Evidence of what?

You're accusing me, aren't you?

I did not put my baby in danger.

You got some nerve accusing me.

I'll have Lupo and Bernard head down
to Pennsylvania first thing in the morning.

HANK: My son married
Carly right out of high school.

He tried college,
then he enlisted.

He'd have done anything
to stay out of the mines.

Not that we're not
proud of him, but...

We're still hoping God'll
bring him back to us.

BERNARD: Did you see Carly
before she left for New York?

She leaves the baby
with us on a regular basis.

Was that a problem for you?

She'd make plans with my
wife to watch the baby for an hour

and then disappear
for half the day.

Not that we minded, but...

Carly's all about Carly.

Is that Mike? Yeah.

It looks like he's missing a
couple of fingers on his right hand.

Yeah, he was 12 years old, him
and his buddies thought it'd be funny

if they blew up
an old port-a-john.

A bomb blew up in his hand?

Damn lucky he didn't
get himself killed.

You remember what they used?

A blasting cap and
a can of butane.

The cap went off before
they could tape it to the can.


CUTTER: The dots are
practically connecting themselves.

No doubt Carly knew about her
husband's little bomb-making escapade.

There're easier dots to connect.

Derek Sherman already
admitted to throwing

a brick through the
window that night.

Get it on the same
page or we'll look like

we're playing spin the
bottle with our suspects.

Oh, great. Look who's
on tomorrow's front page.

Bomb Mom Gone Wild?

Carly went on a
pub-crawl with a new friend.

In an exclusive interview
Carly's gal-pal, Vicki Sandusky

reported that Carly told her

"The Recruitment Center
deserved to be burned down

because the Army treats the
families of its servicemen like dirt."

Sounds like another
dot connecting itself.

Talk to Miss Sandusky.
Then report to me.

I'll decide how we proceed.

VICKI: The Operation
Molly message board

said that Carly was staying
at the Cosmopolitan Hotel,

so I just hung out in the
lobby and starting talking to her.

So in other words,
you stalked her.

I only wanted to
get to know her.

Why? Do you have
something in common?

Did you lose a husband or child?

No. But I read everything
about Baby Mikey.

And, uh, sorry
to be a buzz kill,

but I started thinking you
arrested the wrong person.

So I really wanted to talk
to her and do some profiling.


You work in a hair salon.

You can ask my friends.

I have this, like, amazing
intuition about people.

And your intuition tells you
that Carly started the fire.

I mean, come on, she's a
walking Medea Complex.

Medea Complex, really?

You think she killed
her baby on purpose?

There's something I
didn't tell the newspaper.

You know how a good
investigator holds something back?

But now you're going to tell me.

Carly said she never
wanted the baby.

It was her husband's idea,

to keep her on the straight
and narrow while he was away.

She said that she
had friends in Florida

and now that she was free
she was going to move there

and get a job on the beach.

I recorded her on my
phone if you want to hear it.

CARLY: He said if I was
at home with the baby,

I wouldn't be out
partying with my friends.

He was trying to control me.

She sounds drunk.
She sounds hurt and lost.

That doesn't prove anything.

The recording doesn't
tell the whole story.

Who knows what
this other girl told her

to get her to make
these statements.

Speaking of which, Carly
just checked out of her hotel.

Next stop could be Florida.

What do you want to do?

Arrest her. We'll
release Sherman.

Whoa, shouldn't
we talk to Jack first?

He's at a fund-raiser, announcing
Adam Schiff's endorsement.

We screw this up for him,

and there's not going to
be anything left to endorse.

Go ahead.


Are we glad to
see you. What's up?

So, the lady with the suitcase
was trying to hail a cab,

when these people in
the t-shirts detained her.

One of them flagged us down,

said they wanted to
make a citizen's arrest.

All right, everyone move
away from her! Move back.

She's fleeing the jurisdiction.

She killed Baby Mikey!

She killed Baby Mikey!
Please, I just want to go home.

You can't do that. You
have to come with us.

You're under arrest, Carly.


WOMAN: Baby killer!

MC: And no one can speak more
knowledgeably to Jack's dedication...

What is it?

Find Michael Cutter. I don't care if
you have to drag him out of the bathtub,

tell him to be in my
office in 20 minutes.

MC: So now, live from
Tanzania via the Internet,

is our old friend Adam Schiff.

Are you trying to make
this easier for Shalvoy?

I told you I would
decide how to proceed.

Do you have any
idea what a minefield

this case has become
thanks to this arrest?

You damn well
better have some new

and compelling
evidence against her.

We have a recording of
statements she made to her gal-pal.

Statements that
weren't in the papers.

We have means, opportunity
and now we have motive,

not to mention
evidence of flight.

She's the better case.

It's still going to look
like we reversed course

because we saw
her chugging a beer

on the front page
of the Daily News.

The cops were investigating her

before her late-night
antics made the news.

So don't worry, you're covered.

Dismiss against Derek Sherman
and make a deal with Carly.


How's that going to look?

Better than the circus her trial
would be. I want this case closed.

And Mike,

if Shalvoy's hack
wins this election,

don't for a second
imagine you'll get away

with pulling half the
crap you pull with me.

CONNIE: Fifty years, Carly.

That's the sentence
the judge could give you.

They're trying to
scare you, honey.

The prospect of putting
a war widow on trial

has them grinding
their teeth at night.

Do you see me wearing
a retainer, Ms. Weller?

Accidentally or not,
mothers who kill their babies

aren't popular with juries.

In my trials, juries react
to facts, not fantasies.

And the fact here is that you had a
perfectly good suspect in Derek Sherman.

But because Carly
didn't grieve in a manner

that suited you and
your mob of vigilantes,

you decided to punish her.

Your client
incriminated herself.

Ms. Rubirosa.

After a dozen tequila shooters

you wouldn't still be your
sweet Sunday School self.

We're not interested
in any deal.

Our defense is Derek
Sherman and his backpack.

Oh, and tell Jack McCoy

from now until the election,

I'm going to nail this
case to his forehead,

so that when voters come
across his name on the ballot,

all they'll be able to see
is Carly's grieving face.

Why would I have to
testify at Carly's trial?

I don't know anything
about what she did.

CONNIE: We won't be calling you,

Carly's lawyer will,

to prove that Derek
Sherman planted that bomb.

CUTTER: They'll put you
on the stand, under oath,

to say you took Sherman's
backpack and kept it for the police,

and never did anything to it

like spray butane on it.

Do you understand
what I'm saying?

I think so.

Then it'll be my turn.
I'll rip your story apart,

attack your credibility, dredge
up every lie you ever told.

If you tampered
with that backpack,

we'll find out right
then and there.

You'll be charged with perjury.

Oh, God.

But if you tell
us the truth now,

there'll be no need
for you to testify.

We know your heart
was in the right place.

A baby is an innocent soul.

I thought Sherman was guilty. I
didn't want him to get away with it,

so I sprayed butane
inside his backpack.

Please forgive me.

HANK: Carly said she's
tired of being ignored.

She said if Mike
didn't come back,

she'd be a widow
raising a child all alone

and no man would
give her the time of day.

Thank you, Mr. Di Gravia.

You testified your son blew
his fingers off with a bomb

made with a blasting
cap and a can of butane.

That's right. And Carly knew it.

Is there anyone who can corroborate
the construction of this bomb?

Not really. But why
would I lie about it?

Isn't it true you wanted Carly
to leave little Mikey with you

when she went to New York,

that you called her to ask
why she was staying on?

Yeah, we thought
Mikey should be home.

Defense's 17.

A copy of an email sent to Carly
two weeks after the bombing.

Mr. Di Gravia, did
you send this e-mail?

Yeah. Please read
the highlighted portions.

"Dear, Carly.

"We've been reading about
you and seeing your interviews.

"You never talk
about little Mikey.

"Don't you miss him too?

"You don't even look sad.
What's wrong with you?

"If you'd left him with
us like we told you,

"our angel would
still be alive."

WELLER: You blame her
for his death, don't you?

I don't know. You blame her,

and when the police
gave you the chance,

you decided to stick it to her

with a lie about a
butane bomb. Objection.

Overruled. HANK: I didn't lie!

Mikey'd still be alive
if she'd listened to us!

But I didn't lie.

WELLER: No more questions.

CARLY: The Army thought they were
dealing with some dumb coal cracker.

Now they're kissing my ass.

Wooo! Those Operation Molly weirdos
gave me some money for clothes.

I went to this boutique
today and look what I got.

Don't I look hot?

And at this point,
what did Carly do?

She lifted her dress to
show me a pair of silk panties,


Thank you.

How many drinks had Carly
had when this was recorded?

VICKI: I wasn't counting.

But you were treating, and we
have your credit card receipts.

Maybe eight or
nine tequila sunrises.

Hmm. And how many
drinks had you had?

One margarita.

You got her drunk, didn't you?

You toyed with her
like a marionette.

You planted ideas in her head.

I did not. I just let her talk.

Isn't the reason you
contacted her in the first place

is because you
thought she was guilty?

VICKI: She fit a profile.

She only talked about her
needs. She's a narcissist.

You're quite the expert
in criminal psychology.

Hey, have you ever heard of
Post-Traumatic Stress Syndrome?

Uh, it's when people have a
shock and it changes them.

A shock like almost
being burned to death,

and losing your
child and husband.

Did that figure in your profile?


But the police had
arrested somebody else

and he didn't fit the profile.

The police had another suspect?

JUDGE: Overruled.

The witness may respond.

Yes, this anti-war guy

but he was into selling
marijuana and hash

which means his
tendencies are non-violent.

And this is your
professional opinion, hmm?

As a hairdresser's assistant?

Nothing further, Your Honor.

Weller's scoring
points in there.

But I don't see
her pulling it off

unless she puts
Carly on the stand.

Did we know Sherman dealt drugs?

He was kicked out of college in
Maryland for a drug-related offense,

but the college
sealed the record.

I need to talk to Narcotics.

I'm having flashbacks
to one of my drug cases.

You have the cops
drag my client out of bed,

then you get me down
here... Has your client told you

he used to deal
hash oil in college?

DEREK: I didn't... Don't bother.

Our amateur crime-busters dug up

three of your former
customers from college.

Yeah, maybe he boosted a
couple of CDs in high school.

What does this have
to do with anything?

Butane is used to extract
hash oil from hashish.

You said, and I quote,

"I don't know nothing about
butane. I don't even own a lighter."

Look, I stopped dealing
almost two years ago, okay?

I threw away all the butane.

I swear, all I did
was throw a brick!

I supported dismissing the
charges against Sherman

because you couldn't link
him to the explosive device.

Well, now we can. We
can only link him to butane.

We can link Carly to both
butane and blasting caps

thanks to her father-in-law.

Yeah, assuming he's not
just trying to get even with her.

Do these look like
the injuries of a mother

who tried to save her
baby from an inferno?

That's not evidence. You
sound like Operation Molly.


You two have a trial that
reconvenes in 15 minutes.

Mr. Sherman's adventures in
drug-dealing are Brady material.

You have to tell
Carly's lawyer about it.

WELLER: Now that Mr. Sherman's
admitted owning butane,

that puts him back in play

as a viable alternate
theory of the crime.

I move, Your Honor, to
reverse your prior ruling

and allow me to
present this to the jury.

He admitted owning butane
two years ago. It's hardly relevant.

I'm not sure I
agree, Mr. Cutter.

Fine, Your Honor,
the People will stipulate

that there was at one time
another suspect in the case.

A stipulation isn't enough.

I want to call witnesses
to pursue our theory

that Derek Sherman
threw that bomb.

Your Honor, please. I'm going
to give Ms. Weller latitude here.

I'll need a few
days, Your Honor.

Trial will resume next Monday.

I'm sorry for my behavior.

I just felt at the
bottom of so much hurt.

I couldn't even say
Mikey's name without...


After Weller's finished
putting Sherman on trial,

the jury will never
convict Carly.

What do you suggest we do?

Dismiss against Carly
and go after Sherman?

Then his lawyer will use Carly
as an alternate theory of the crime.

We could probably low ball
a guilty plea out of Sherman.

A flip-flop like that...

Even I wouldn't vote for me.

Put me through to the
Public Information Office.

Hi, Kate? This is Jack.

I'm going to be sending over
a press release in an hour

about the Army
Recruitment Center bombing.


I'm sure you could strip the
flesh off Carly's bones on cross.

She's traumatized.

You might be able to get
her to say whatever you want.

And Sherman's
looking at 50 years.

I don't doubt that we can

ram a plea bargain
down his throat now.

I'm declining to prosecute

both Mrs. Di Gravia
and Mr. Sherman

because we can't
say which one is guilty

beyond a reasonable doubt.

The fog of war is
blinding us to the truth.

Better not to convict anyone
than convict the wrong person.

I can see the headlines now.
"No Justice for Baby Mikey."

You're going to take
a lot of heat for this.

I can live with that. (SIGHS)

So can you.