CSI: Miami (2002–2012): Season 8, Episode 11 - Delko for the Defense - full transcript

Homeless Zach Finley is arrested as sole suspect of the murder of wealthy heiress Summer Davenport, stabbed sixfold at home. Attorney Adrianna Villani takes his defense, for the publicity. Her new research assistant is none other then former CSI Eric Delko. At first it seems a shut case, then evidence points to his innocence and the known, previously unidentified 'Night Stalker', who demands breakfast from his victims, including survivor Ellen Stafford.

- 911.
- I just heard scream.

Over there.

I see him, I see him!

Hey, man, who the hell are you?

Which way did he go?

- He went that way!
- Come on!

Hey! Watch it!

- You okay? You okay?
- Yeah, I'm fine.

Through there!

Did you see a guy come through here?

Yeah, he went that
way, towards the beach.



What'd he look like?

I don't know, uh, kind
of tall, dark hair.

I didn't get a good look.

Where's the suspect, Calleigh?

Ryan's chasing him.

Maybe he's still here.

Move it!

Sorry.

Look, this is a mistake.

I didn't kill that girl.

Nobody said anything about a girl.

Summer Davenport, Star Island heiress,

was brutally murdered
in her home this morning.

A neighbor called 911
after hearing screams



coming from the house.

Police have a
suspect in custody--

a homeless man, who was
caught running from the scene.

I climbed in through a window.

These rich people dead-bolt the doors

and leave the windows wide open.

Was that before or after
you killed Ms. Davenport?

No I thought the house would be empty.

I swear. I never even saw her.

Hey, I'm not a killer!

I just wanted a hot shower
and a good night's sleep.

Keep talking, motormouth. Now I
got you on breaking and entering.

Don't say another word.

This is a crime scene,
ma'am. Who are you?

Just paying a visit to my new client.

Client?

- Never even met.
- We have now.

Adrianna Villani, defense attorney.

I do the talking.

Unless you want to handle
the situation yourself.

How'd you get here so fast?

You've got some sort of
ambulance-chasing intuition?

It's all over the morning news.

"Homeless man kills
Star Island heiress."

Two bad he's not an immigrant,
sergeant, or you'd have a twofer.

You accusing the PD of unfair bias?

Just making sure Zach gets a fair trial.

I want to talk to my client.

And introduce him to
my forensics expert.

When did you start working
with the other side, Delko?

Come on, Frank, I got a job to do.

Let me talk to the guy.

He's all yours.

What's your name?

Zach Finley.

She was stabbed six
times, in the abdomen.

Four superficial cuts,

two lethal.

Defensive wounds on both hands.

So she fought off her
attacker, doctor, and lost.

What about the weapon?

Well, the cuts are sharp on
one edge, blunt on the other.

I'd say it's a single-edged blade.

Three-and-a-half
inches wide and

by the looks of it

at least five inches long.

Five inches long.

Well, that narrows it down, doesn't it?

Thank you, Doctor.

Load her up and move her out, fellas.

Finley's attorney wants to move
this one through the system fast.

She wants to prevent us from building
a good case against her client.

Yeah, we can't let that happen.

So, what do we know about
this Finley guy so far?

Thanks.

Well, he may be homeless,
but he's not jobless.

He works the circulation
desk at the Miami Ledger.

He said Summer Davenport put
a vacation hold on her paper,

so he thought the house
would be empty until tomorrow.

Oh, so he breaks in,
Summer shows up early

and surprises him.

Stab, stab, stab.

Yeah. The cops show up, he
runs with blood on his clothing.

Well, this guy is guilty.

I'll get a statement from the neighbor.

Thank you.

The murder weapon appears to
be a 3? inch by five-inch blade.

Let's check the kitchen, please.

Mr. Wolfe, let's dust for prints.

Mr. Finley climbed through the window.

All right, I'll take the backyard.

And while you're at it, I found
a scuff mark in the blood pool.

Let's document that, okay?

Will do.

There's dirty dishes in the sink.

Fresh egg shells in
the garbage with toast.

Appears the victim was
making herself breakfast

before she was killed.

No sign of forced entry.

Window is open.

The bed appears to be slept in.

Both are consistent with
the suspect's statement.

A chef's knife with blood on it.

Could be a possible murder weapon.

Okay.

I've got a scuff mark in the blood pool.

There are bloody
footprints that indicate

our suspect ran into the grass.

There's our expert witness.

I'm sure
you heard--

Tripp thinks I went
over to the dark side.

What do you think?

I didn't go looking for
the job; Villani got my name

off a list of former CSIs.

But you said yes.

Mm. Seemed like a good
chance to help people.

Provided they're innocent.

Villani's been right about
her clients 80% of the time.

But in this case,

the suspect ran from the
house covered in blood.

He spent the night in the victim's bed

and claims he never heard a thing.

Do you honestly think he's innocent?

I think that we're both
after the same thing.

The truth.

I'm only here to observe.

That's it.

Excuse me.

The blade matched the
dimensions provided by the ME.

Well, this also confirmed

that the blood on the blade
belonged to our victim.

Well, this confirms it.

The prints on the
handle are Zach Finley's.

Last night I made
myself a gin and tonic.

I cut up some fresh limes.

Guess I left the knife
out on the counter.

There's a dark saturation
stain on the suspect's pants.

There's a large scuff
mark in the blood pool,

that is consistent with
the shape of the pant leg.

It looks like Zach knelt
in the victim's blood.

I slipped on the tile
when I was running out.

Fell into the blood.

You know, there could
be a logical explanation

for everything you found.

Or you have one of Villani's
20% that are guilty.

Right, and then I took a sleeping pill,

and I went to sleep.

Then I woke up to the
sound of sirens, I ran.

So, you didn't hear anything
during the time of the murder?

No.

The prosecution's going to sink you.

Why?

I don't care how many
sleeping pills you took,

you didn't hear a girl
getting slaughtered?

All right, I might've
heard a man's voice.

Might've heard a man's voice?

You didn't tell us that before.

I don't know, it could've
been just a dream.

Dream? Zach!

- This is great.
- What?

When suspects dream
part of their statement,

it usually means they're more
involved than they want to say.

I'm just telling you what
I remember, all right?

I don't know if I heard
it, if I dreamed I heard it.

I told you, I was on a sleeping pill.

I want you to draw something for me.

Something to help you
get your story straight.

What should I draw?

I want you to draw exactly what you saw

when you ran outside this morning.

Okay.

No, Zach.

What?

When people are telling the truth,

they typically draw
from their perspective.

The edge of the bed,
the floor, what they saw.

You drew this from a bird's-eye view.

Well, what does that mean?

It means that you're lying
about some aspect of your story.

It doesn't sound like hard science.

The theory's based on a recent study.

It's not admissible yet,

but it's enough to give me doubt.

Does this mean you're dumping me?

What are you hiding?!

Nothing.

Eric, let me take this.

I'll see you in the prelim.

You'd better tell me the truth.

Because I can't protect you otherwise.

I do have something to hide,

but I would rather go
away for killing that girl

than tell you.

The court will take a ten minute break

and then hear from the
defense's next witness.

Ten more minutes, H.

Indeed.

Look, I know I don't
have to say it, but, uh

thanks for all the calls.

You're still family, Eric.

Now, wh-what if I'm wrong?

What if I help a killer go free today?

It is too late to get cold feet.

It's moving so fast, I've haven't had

a chance to wrap my brain
around all the evidence.

Eric, the forensic expert
cannot walk on a case.

Yeah, I gotta follow through.
You gotta follow through.

Good luck.

The saturation stain on the pants

matches the scuff
mark in the blood pool.

The defendant knelt over the
victim while he stabbed her.

Do you agree with CSI
Duquesne's assessment?

No, I don't.

If you look to the
right of the blood pool,

there's a distinct splash
pattern on the tile.

Could this splash pattern have occurred

when the defendant slipped
in the blood, as he testified?

Yes, I believe it could have.

Thank you, Mr. Delko.

Yeah, that knife was used
to stab Summer Davenport.

I found the defendant's
prints on the handle.

This knife is a pretty damning piece
of evidence, is it not, Mr. Delko?

Only when you don't
consider the timeline.

What do you mean by that?

The fingerprints don't tell us

when Zach Finley handled the knife.

Zach stated in his testimony
earlier that he made himself

a drink the night before the murder.

He used the knife to cut a lime.

Is there any evidence to support that?

Yes, the defense ordered a test
of the knife blade for citric acid.

And what was the result of that test?

Positive.

This is a close call,
but I'm going to say

that the prosecution has
provided insufficient evidence

to convince a reasonable jury that this

defendant committed the crime of murder.

I will hold the defendant over

to face charges of
breaking and entering.

However, you don't have
enough for the murder charge.

Your Honor, this animal
killed an innocent woman!

Come back when you have more evidence.

I move to set bail.

Bail is set at $50,000.

Your Honor, he's homeless;
he can't make that.

Then he'll remain in custody.

I can't believe the judge
fell for Finley's excuses.

Well, it wouldn't have happened
if we would've had more time.

So, what do we do now?

You heard the man.

We finish what we started.

Pilates, yoga, 90-seconds abs.

That's a pretty decent
exercise collection.

Hey, Delko, want to come over

and take a picture of me doing this?

Make sure I'm doing it right?

It's not about you
making mistakes, Wolfe.

It's about how I
interpret what you find.

Mr. Wolfe, Eric has
every right to be here.

We have nothing to hide.

Yeah, but H, while he's
watching us, who's watching him?

That's really funny.

Mr. Wolfe, can I have your help, please?

You got something?

I think so.

Can I have a blade?

Thank you.

What's that doing there?

Can I see that, H?

Looks like the fabric

has been pulled away from the scene.

Yeah, like someone clawed at it.

It could have been
ripped off the victim.

You thinking rape?

It's possible.

Mr. Wolfe, DNA on the bra,
biologicals on the couch. Okay?

Got it.

Excuse me, gentlemen.

Tom Loman.

Yeah, Dr. Loman, um, the
work up on the victim?

I haven't gotten to it yet.

I just finished casting the stab wounds.

Okay, have you noticed
any physical evidence

of sexual assault, Doctor?

Hold on, I'll give a cursory.

I do see bruising and
some tearing, Horatio.

It's quite possible Ms.
Davenport was assaulted.

I'll complete the kit
and get it up to DNA ASAP.

Okay, thank you.

My guy?

It's too soon to tell, Eric.

Valera.

I am running the
biologicals from Dr. Loman.

About to get you a DNA profile.

Let's run it against
the criminal database.

I'll check registered sex offenders.

No match in our system.

I'll need someone to compare it to.

No worries. I've got an idea.

You have no right to take
biologicals from my client.

We have a right to
test whether the semen

found on the victim belongs to Finley.

Is there some new evidence

that leads you to believe
that Ms. Davenport was raped?

Your Honor, it's the considered

opinion of my medical
examiner that she was raped.

I am submitting a report,
and we believe that report

will substantiate the finding.

What's missing in that report

is evidence linking what
they've found to my client.

Which is why we need Finley's DNA.

He's got nothing to
lose if he's not a match.

Just his civil liberties.

The state can't demand my client's
private genetic information on a whim.

A whim?

He admitted to breaking
into the victim's home.

He was covered in her blood.

He's explained all that.

Or were you asleep during the prelim?

Ms. Villani, your client's admission,

in conjunction with the ME's findings

satisfy the probable
cause necessary here.

Zach Finley will submit a blood sample

to the Miami-Dade crime lab.

Thank you, your honor.

This isn't necessary. I didn't do this.

I wouldn't rape that girl, any girl.

The court ordered it, Finley.

I'm telling you, I couldn't do this.

Then you don't have
anything to worry about.

Okay, just relax.

Please.

Why won't you just believe me?!

- Sit down!
- Please don't do this!

You know, the more you argue,

the more I think you've
got something to hide.

Just let the blood tell the truth.

So I heard that Zach
put up quite a fight

during the blood collection.

- Yeah.
- You know what that means.

Yep, plea bargain.

Oh, my God.

What?

Oh my God.

What?

Oh, my God.

Natalia.

Is it my guy?

I don't think so.

Natalia, how common is
a condition like this?

One in 20,000 births.

Okay, would a visual confirmation help?

Yeah, it would help.

Okay, let's get it confirmed.

All right, let's get this over with.

Okay, cowboy, drop trou.

Zach Finley is not our guy.

In fact, I don't even
know if he's a guy.

Oh, come on, didn't you pat
him down at the crime scene?

Yeah, for a gun.

Wh-Whoa, whoa, so you're saying...

Let me spell it out for you.

The guy doesn't have the equipment.

Oh.

Hmm.

What the hell are you telling me?

Zach Finley is unequivocally
innocent of rape.

And we know this why?

Because we ran a blood test,

and we discovered that he has AIS.

AIS-- what
is that?

Androgen Insensitivity Syndrome.

It's basically when somebody
is born genetically male,

but they lack certain
sex characteristics.

Finley couldn't have left
semen in Summer Davenport

or any other girl for that
matter because he's unequipped.

What?

He has a genetic abnormality.

He-- okay, certain
things developed

and certain things did not.

He's physically incapable
of committing rape.

Okay, well, I hope
you're going to bring me

more than some blood
test to back this up.

Yeah, of course.

We have visual confirmation
and medical reports.

Okay, so he couldn't rape her.

That doesn't mean he didn't kill her.

We still have him for murder.

Right, so someone
snuck in and raped her,

then Zach woke up and killed her?

Even you don't believe that.

You're right, it's, it's ridiculous.

I'll, uh, I'll draw up the paperwork

and we'll drop the murder charge.

So we're done here.

That explains why Zach
didn't want his blood drawn.

And why he drew me a
bird's-eye view of the murder.

He didn't want the whole
world to know his condition.

Yeah, poor guy.

The whole thing's going
to be on the 6:00 news now.

Yeah.

All right, that's it.

No more observing now that
your client is in the clear.

Right, okay.

Take care.

What are you going to do--
go back to Puerto Rico?

You know, I love it there,
but, uh, I missed Miami.

Miami missed you.

Villani offered me a contract,

but, uh if her next client's guilty,

I don't think I could live with that.

Yeah.

You know, I heard the
state attorney's office

is looking for a forensic expert.

Talbot?

All right, good to know.

I'll think about it.

See you.

Oh, Tom.

Did you find anything else

that could help us
identify Summer's attacker--

hair, skin under the
nails, anything like that?

Nothing so far.

But I'm still looking.

Maybe he gave her a sedative.

What about her stomach?

What else was in there
beside eggs and toast?

There is nothing in her
stomach-- no eggs, no toast.

In fact, I'd say she
hasn't eaten in two days.

That doesn't make any
sense because Jesse said

that he found half a dozen
egg shells in the trash,

and Zach said all he
had was a gin and tonic.

Could be another lie he told.

Unless what if the killer was

something like the Night Stalker?

He made his victims make him
breakfast before he killed them.

That's creepy, but it could be his MO.

Could be a way to identify him.

I'm gonna call Horatio.

Walter, what'd you get?

What I didn't get is
any rape or murder case

with a similar MO in the Miami area.

Okay, what about other counties?

Well, Broward just sent over
any violent crimes they've had

in the last three years.

Right, so that's going
to take some time.

No, no, no, not actually.

Check this out.

On each file, there's a sticker.

Embedded on each sticker is a microchip

containing all the records
pertinent to a case.

Ah.

In just a matter of seconds,

the computer can read
all the microchips,

uploading every case file in the box.

Without opening the box.

It's crazy, right?

So now I just got to type in
a keyword like "breakfast."

Okay, there's something.

Ellen Sheffield.

A woman in her mid-30s,
similar age to Summer,

raped in her home eight days ago.

What about the case notes?

Yeah.

Uh, reporting officer made a notation

that the attacker forced
her to make breakfast.

Hurry up, I'm starving.

I don't know how I worked up
such an incredible appetite.

I said scrambled!

And we have a match.

So far what we do know is

that Summer and Ellen

never went to the same gym.

They never went to the same market,

they never went to the same dry cleaner.

They never ate lunch
at the same restaurant.

They did live in
different counties, guys.

I'm not surprised that their
lives never intersected.

Except we know our rapist
isn't targeting at random.

He is looking for women of a
certain age who are wealthy.

So their lives must
have crossed somewhere.

Yeah.

All right.

Let's start at the top.

Hmm

All right.

Did Ellen Sheffield ever
get her computer serviced

by the Software Squad?

Yes,

she did,

three days before her attack.

So did Summer Davenport.

The tech's name was Justin Porter.

She let this guy into her house.

Horatio.

Our computer geek Justin Porter

never made it to work this morning.

What's his last known?

Employee file gave a fake address.

- Okay, let's put a BOLO out on him.
- Already done.

Frank, check with other
victims, see if he left a trail.

Calleigh, meet me at Ellen Sheffield's.

Mrs. Sheffield, we need your help.

I already told the police
everything about the attack.

I understand,

but there was a woman
who was raped and murdered

this morning on Star Island.

I heard about that on the news.

You think it might be the same man?

We're not sure.

But why don't you tell
us what happened to you?

My husband was out of town.

I woke up in the middle of the night,

and there was a man
standing over the bed.

Hello.

Afterwards, all, all I wanted
to do was to take a shower

to get clean.

But he said I had to make him breakfast.

When did the stabbing occur?

After breakfast.

He disappeared briefly
and when he came back,

he was wearing garbage bags.

Garbage bags?

Why?

Maybe to prevent transfer.

Why are you wearing that?

Ellen, I know this is
a difficult question.

Why do you think he didn't kill you?

He would have

if it weren't for the kids who
came to the door selling candy bars.

The doorbell scared him off.

He must have been wearing
at least five garbage bags.

What makes you say that?

He looked different.

Then maybe it wasn't him.

Calleigh?

Excuse us.

What are you thinking?

She said he was different; maybe he was.

He had a partner, one
who rapes then Zach kills.

I think it may have been a handoff.

How are you going to prove that?

We got to find the partner.

All right, you think our computer
geek might have left us a trail?

Well, the RAM on a computer
keeps a volatile record

of every action taken and
every communication made.

So, if he left us a clue,

it should still be here.

And this little device
captures all that live evidence.

If Justin Porter worked
on Summer's computer,

he may have left us something behind

that can help us locate him.

So?

Seriously not helping.

Hmm.

Have y'all found anything?

The computer's built-in webcam
was activated this morning

around the same time as the attack.

Shot video for 20 minutes.

That's interesting.

Isn't this the room taht Horatio
think Summer was attaked into?

You think the rapist
recorded the attack?

It's possible.

I mean, he makes his
victims cook him breakfast.

Sick and twisted is his style.

Can we see the video?

File was e-mailed and then erased.

Man, this guy's good.

He routed the file
through a zombie network.

Computers and e-mail accounts
that have already been hacked into.

Did it to cover his tracks.

This could take months
to locate the destination.

What about Ellen
Sheffield, the other victim?

Yeah, if he recorded Summer's attack,

he probably recorded Ellen's, too.

And she said he ran off
when the doorbell rang.

It is possible he didn't
have time to cover his tracks.

I just think it's

completely demented this guy would use

her own computer to record the rape.

Will you fast-forward
past this part, please?

Yeah, sure.

Wait. Go back.

Well, there's our guy.

This creep never erased the video

because he never had
a chance to send it.

Wait a second.

Guys, someone is trying to
access Ellen's hard drive

- remotely right now as we speak.
- Who?

I don't have a name, but I do
have an external IP address.

Can you trace it to
a geographic location?

I'm already on it.

That's a self-storage facility.

Is there a way that this is
another zombified computer?

Definitely not.

This is the source.

Our suspect is there right now.

Justin Porter?

You're under arrest for the
murder of Summer Davenport.

I didn't kill her.

We have the video footage, Justin.

We know what you did to
her and to Ellen Sheffield.

And if you try to make that
go away, we got your DNA.

We have you.

Get down! Down!

Get down! Get down!

Get off me!

That's my work!

I want to see that!

Get off me!

Get off me!

We hear you're trying to
rope my client back into this.

Just following the facts, ma'am.

And where exactly are they leading you?

Your client claims that
he took a sleeping pill,

but I find no sedative
in his bloodstream.

You see, I don't think
he was asleep at all.

I think he's involved.

So... you're working on a
connection between Justin and Zach.

How many years back are you going?

Far as I need to, Eric.

Sorry, H, Villani wants
me to record all of this.

No worries, brother. Just fire away.

So, Zach,

you worked circulation, and
Justin worked tech support.

Don't say anything, Zach.

You were a tag team.

Justin and I completed each other.

Zach!

Shut up!

I'll do the talking now.

He could be with these
women, but I couldn't.

Killing was the only way that
I could get close to them.

Closer than sex.

Yeah.

Take him, please.

So much for your batting average.