CSI: NY (2004–2013): Season 6, Episode 18 - Rest in Peace, Marina Garito - full transcript

Sid rules the death of a woman whose twin brother disappeared 15 years ago a suicide, but Stella is convinced that he is wrong and sets out to prove it.

[door creaks open]

Hey.

It's OK. I'm not gonna hurt you.

Are you all right?

Hungry, I bet, huh?

Freeze! NYPD!

[tyres screech]

This is Detective Bonasera.
I need backup.

In pursuit of a subject vehicle.

Suspect is heading north
on Amsterdam Avenue at 97th.

It's a small pickup truck,
silver in colour, tailgate missing.



Right rear light is broken.
New York license plate, AQT-543.

[truck horn blares]

[tyres screech]

[glass shatters]

[whimpers]

Give me your hand.

Come on, damn it!

We have to do this together!

[Stella groans]

[pants]

[# The Who: Baba O'Riley]

# Out here in the fields

# I fight for my meals

# I get my back into my living



# Yeah, yeah, yeah, yeah #

Whatever it is, it looks serious.

Waiting for the results
of an autopsy.

Been hovering outside of Sid's office
until he finally banished me.

We pick up a case I don't know about?

Marina Garito.

How many business cards
do you hand out a week

to friends and family of victims and
say, "lf you need anything, call me? "

Countless.

Marina Garito called me every Monday
at eight o'clock sharp,

without fail, for three years.

Always asking the same question.

Wanting to know if there were any
new leads in her brother's case.

Her brother was murdered?

Luke Garito was 8 years old
when he went missing 15 years ago.

He was presumed dead.

Marina was relentless
in her search for answers.

Calling with potential leads,

names of possible suspects.

Last Monday she left me a message.

Said she was close
to the biggest break

in the case yet.

I have no idea what she meant.

So I was, uh...

..I was too busy to get back to her.

Last night she was rushed
to T rinity General Hospital.

Gunshot wound. Dead on arrival.

I completed my autopsy
of Marina Garito.

She committed suicide.

What?

Sid, that's just not possible.

Self-inflicted gunshot wound.

Was there any bruising

or defensive injuries
suggesting a struggle?

- No.
- What about gunshot residue?

SEM picked up

trace amounts of GSR
on our victim's right hand.

It's consistent with her handedness
and the location

of the wound on the body.

- There must be another explanation.
- [Sid] I'm sorry.

But there's nothing here
that hints of foul play.

Was suicide

the preliminary determination
at the scene?

Yes,
and my post-mortem examination

of the victim confirms it.

I believe the crime report
mentions that they found a note.

So that's it? Case closed?

- That's not my call.
- [Stella] Oh, come on, Sid.

You and I know
once suicide is proposed,

proper protocol
of a homicide investigation

at the scene and with the body,
is dismissed.

Things get overlooked.

That may be the case in the field,

but certainly not here
in the medical examiner's office.

This young woman had reason to live.
She would not have done this.

I've seen hundreds of cases with
the very same set of circumstances,

and I've arrived at
the exact same result.

- Maybe this time you're wrong.
- All right, now...

If there is one thing I am sure of

it's that Marina Garito
did not kill herself.

This was murder.

Don't take it personally, Sid.

Stella worked through the night.
She's tired.

We're both disappointed, I suppose.

Disappointed?

That we didn't get any answers
for Marina about her brother.

It's been three years since Stella
entered Luke Garito's DNA sample

into the Missing Persons database.

Our hope was that it would match
a John Doe that came in somewhere.

But, time after time, nothing.
We never got a hit.

Then last night, Marina's body
was brought in. So I called Stella.

And her suicide made you think
she gave up?

On us, yeah.

This all feels more tragic
because Luke and Marina were twins.

Obviously, there's a bond.

I wish there was more
I could have done for her. For them.

It's been almost 15 years
since Luke disappeared.

But each morning, I wake up.

I don't think about it being another
day that I haven't seen my brother.

For me, it's another day closer
to him coming home.

Of course, sometimes,
it's hard to remain optimistic.

Reality sets in and I could see the
possibility that he's actually dead.

It makes it easier...

...because it helps me erase
the image that Luke is...

..sitting somewhere alone,

waiting, wondering,

"Why haven't they come to get me?

"Where are they? "

It's strange, but I do let myself
imagine that we find him.

I have my arms around him.

But, uh,
he's still an eight-year-old boy.

[sniffs]

I hope he's OK.

We need something that shows motive.

We can't do that
without access to Marina's apartment.

And Mac needs cause
to secure it as a crime scene.

We need evidence to get the evidence.

What about the fact that women
rarely commit suicide with guns?

Their method is usually overdose
or poison.

You wanna guess what
the DAs gonna say to that?

The odds are definitely stacked
against us. I saw the police report.

There was a suicide letter sent
to her family and friends.

"It's time I end it all. Free myself.
This is the only way I know how.

"Leaving is my only option."

This is all typed.
Anybody could've written it.

Marina closed bank accounts,
paid her bills.

She made a cash donation to charity.

All signs of a plan
to attempt suicide.

And her prints were on the gun
we recovered at the scene.

The killer could have put
the gun in her hands.

I'm all for women's intuition
and gut instincts.

But what is it that makes you think
Marina didn't take her own life?

She wasn't finished, Lindsey.
She hadn't found her brother yet.

They were eight years old
when he went missing.

When I met her, she was 21.
She was dedicated to finding him.

She had notebooks with names, places,
questions, possible witnesses.

I remember her face,

the look in her eyes
when she came to me for help.

Excuse me. Hi.

I don't exactly know how to do this,
but my brother is missing.

And, uh, I have his hat.

And I've been told
that it might help.

You need to file
a missing persons report.

Uh, this might take a while.

So, I'm sorry.
But if you just have a seat.

How long has
your brother been missing?

12 years.

What's your name?

Marina.

OK, Marina.

- Let's see what we can do.
- Thank you.

And every Monday after that,
she would call me.

And there was always this
determination and hope in her voice.

She wasn't gonna stop
until she got answers.

Maybe after all this time,
she lost that hope.

- She surrendered.
- No.

I don't believe
Marina Garito gave up.

I'd, uh, be more than happy
to help you. You look a little lost.

Oh, no. I was told to wait
right by the elevator.

The lost look is me
just taking this all in.

- I've never seen a crime lab before.
- I could give you a tour.

Show you epithelials
under the microscope.

Seen plenty. But, thank you.

- Ah. Biologist?
- Doctor.

- Dermatologist.
- ER.

- Single?
- Cute.

- Yeah, well.
- Mac.

- Boss.
- Hey, Aubrey.

- Hi.
- I've got some work to do.

Your call was a pleasant surprise.

Come on into my office.

Have to admit, it was a little, uh,
selfish on my part.

I really wanted to see the crime lab.

I figured I'd kill two birds with one
stone and bring these down myself.

What are these?

A young woman
came into emergency last night.

A Marina Garito?

I figured you'd need her clothing
for your case.

Usually someone comes by
from the precinct, but no one showed.

Her death was determined a suicide.
Investigation's been closed.

Really?

Sounds like you have another opinion,
Doctor.

Uh, no.
No, I'm way out of my league here.

So. Huh. OK.

Well, yeah. There you go.

I, l, I didn't mean to bother you.

So, OK.
It was really good to see you, Mac.

Let me just mention cadaveric spasm.

Instantaneous rigor.

You moonlight as a pathologist?

No. Just got back from Afghanistan.

I was working as a doctor
in the Air Force Reserves.

- Really?
- Yeah.

Looks like you know something
about that.

Cadaveric spasm?

Yeah, occasionally I would notice
a soldier's hand clenched

with nothing inside.

The rigor marks the last activity
of the victim

and is usually associated
with a violent death.

Soldiers' clenched hands were
trying to hold on to their weapon.

Yes.

Last night,
I noticed Marina Garito's left hand

was tightly clenched the same way.

Clear!

You sure it was her left hand?

Yeah.

This is the first sign that Marina
may have struggled or resisted.

The reason Sid didn't see it is
because by the time he received

the body from the hospital,
rigor had broken.

It doesn't rule out suicide.

Sid's GSR result still puts the gun
in Marina's right hand.

But it gives us cause to investigate.

- Yes, it does.
- All right.

Cadaveric spasm captures their
last attempt to grasp on to something

to save themselves.

I think that's what happened
with Marina.

She reached out for something,
to clench something.

- The question is, what?
- And why?

[camera shutter clicks]

No witnesses.

Marina's neighbours
were either asleep or not home.

One guy heard a ruckus,
called the police,

but never got off his couch
to check it out.

Possible signs of a struggle.

You're not buying it?

A gunshot wound to the stomach
is pretty effective.

But not instantly fatal, right?
Let's say Marina fires the gun.

And she knocks all this stuff over
as she stumbles across the room

to get to her phone
to call for help.

We both know
most suicide attempts fail

because victims regret the act
the moment they commit to it.

Or, Marina was struggling
with the shooter for the gun.

It discharges.

He marks her prints on the gun,
flees.

She's still conscious.

So she struggles over to get
her cell phone and call for help.

Either way, it may be the phone
her hand was clutching.

And she fell unconscious
before she could make the call.

But there were no signs
of forced entry, Stella.

So it was someone she knew.

A hamburger and fries
is not exactly a last meal.

Are you kidding me?
These are from the Shake Shack.

All right. I get it.

More evidence supports suicide
than murder.

You think I'm trying too hard?

We all have a Marina Garito, Stella.

John Brennan calls
the station house once a month.

And anyone who answers the phone gets
a story about how his wife was killed

and the man who's responsible
is still out there.

And it breaks your heart

because you don't have
any answers for him.

But what can you do?

T ell me, on those Mondays
when you got those calls,

after you hung up, what did you do?

You can't do much.

You're chasing bad guys
who are out there right now.

The evidence on
the old cases gets cold.

The witnesses don't recall half
of what they used to...

But I keep thinking I could have done
more to help her find her brother.

You took her calls every Monday.

That's a lot.

Humour me? Let's search the place
before we head out.

- Sure.
- Thanks.

[Flack] Nothing out here
screams breaking and entering.

- Stella!
- Flack!

[Flack]
I'm going down the fire escape!

- Hey, Flack! I'm on him!
- [Flack] I'm on it!

Get him!

It's Flack. I need backup
at the Westside Rec Centre!

[Stella shouts]

[gunshot]

[gasps]

[gasps]

[screams]

Freeze!

[man groans]

Stella!

[tannoy] Dr Bertram
to Room 101, please.

Dr Bertram to Room 101...

My mother was crying.

There was so much noise,
so many people.

My stepfather
was talking to the police.

He remembered the sound
of an ice-cream truck.

[ice-cream van melody plays]

My brother's bike was on the stoop.

But he wasn't.

And the hardest part of it all...

..that I looked exactly like him.

Twins.

I was a constant reminder of what
had happened, of who was missing.

And I hated my face.

My mother died a year later.

I'll write a prescription
for the pain.

Thank you.

Hey.

- Hey.
- She's gonna be fine.

Thanks.

Before you even think about it,
I am not going on sick leave.

Didn't cross my mind.

I do want you to take it easy though.

The man who attacked you,
you're sure it was Tony Darisa?

Absolutely. It was Marina's stepdad.

Darisa's description
just went out on teletype.

All commands have been notified -
airports and bus and train stations.

We're sitting on his job
and his usual haunts.

Despite all that's happened,
we still don't have proof

that Marina's death was murder
and not suicide.

She found the answer and was killed.
She said she was getting close.

She found her brother's killer
and the killer found her.

Put my money on Darisa.

He was a person of interest
when Luke went missing,

but there wasn't enough evidence
to arrest him.

Well, he was in that apartment
for a reason.

I think that answer
is floating in a blue tile pool.

Vesicles just underneath the skin.

- You sure?
- Positive.

Common with
acute irritant contact dermatitis.

Specifically, a metal allergy.

She had contact with something she
was allergic to just prior to death.

Confirms my findings.

I swabbed Marina's palm and
found very small traces of nickel.

Causing this eczematous reaction.

Possibly a clue to what
she was gripping in her left hand.

Sid, you called me down here
to confirm your discovery of a rash?

I'm a little cautious
after this morning, Sheldon.

I feel better with a second opinion.

I would have concluded suicide, too.

You don't know that for sure.
Experience is a curse sometimes.

Things start to get routine
and at the first sign of an answer,

you leap in a familiar direction
without asking,

"ls there another possibility? "

The forensic clues at a scene
and on the victim's body

tell us what path to take
in an autopsy.

That's something we don't dictate.

If a victim's found
with ligature marks on the neck,

we don't consider poisoning
as cause of death.

- You taught me that.
- I know.

I just feel bad.

Sid...

..we're not always right, but
it's not always because we're wrong.

Hey.

- How's Stella?
- Tough as ever.

Good.

[camera shutter clicks]

This French fry is not a French fry.

Hey. What you got?

It's foam.

The French fry
I collected at the scene,

its morphology is a match
to polyurethane.

Everyday furniture foam.

The French fry is foam.

And the rest of 'em?

Greasy French fries.

[Hawkes] GSR.

[Lindsay] I swabbed that
from the foam fry's surface.

- Foam and GSR.
- Foam and GSR.

- It's possible...
- What?

GSR is gunshot residue.

If what I'm thinking is right,
it would explain everything.

I'll get Mac and Stella. Get Adam.

- Have him bring his pillow.
- Where are we going?

- Reconstruction.
- What are you thinking?

You'll find out!

[Lindsay] And there you go.

[Adam]
That looks exactly like a French fry.

When the bullet perforated
the soft material of the pillow,

it punched out a piece of foam.

The bullet was forcing
what was in front of it out.

And when the heat from the bullet
made contact with our foam slice,

it left these dark edges,
leaving behind GSR,

making it look like a French fry.

That's why the first on the scene
never found it.

It looked exactly like
the other food in the apartment.

That's what I thought it was.

We've just proven Marina was killed.

Really?

I, l, l, I don't get it.
How did we do that?

The French fry.

The foam slice found
in Marina's living room

is proof that a pillow was used
as a silencer.

Someone committing suicide wouldn't
bother muffling the sound of a gun.

Which proves
Marina did not kill herself.

OK. That leaves us with Tony Darisa.

Uh, OK. I, I'm with you all the way
up until the Tony Darisa part.

The pillow I collected at the pool
didn't have a bullet hole in it.

It's the psychology of guilt.

Tony Darisa shot Marina
and used a pillow as a silencer.

The whole French fry thing.

He took the pillow with him
when he fled the scene.

- Didn't wanna leave evidence.
- [Lindsay] But he was over-thinking.

A guilty conscience needs no accuser.

Tony Darisa went back
to the apartment to get this pillow,

not because it had a bullet hole
in it, but because it didn't.

He thought it would seem weird
that the sofa had one pillow

and somehow we'd be onto him.

His big mistake was going back.

If he hadn't, we might never have
linked him to the French fry.

- OK, we're done. We got him.
- [Stella] No.

We can only prove
that he took the pillow.

We need to put Tony Darisa
in that apartment

and put that gun in his hand.

[gunshot]

What the hell just happened?

[sighs]

Whoa.
I'm not liking the body language.

[Adam] Ah.

The bullet that Sid extracted
from Marina Garito

is definitely from this gun.

It's the same gun that the guys
from the 37th found at her flat.

- But no connection to Darisa?
- No.

I was hoping to match the DNA
on the gun

to Darisa's blood collected
from the pool.

But it was wiped down pretty god.

I did, however, get a case-to-case
hit on the bullet's stria.

This gun was used a week ago
in a bodega robbery

and a bullet was pulled
from the wall.

Do we know who the shooter is?

Asian-American male
between the age of 17 to 20.

So a kid robs a bodega
and then sold or discarded the gun

and somehow Tony Darisa
ended up with it.

Uh-huh. Now, look, l...
I know this is kind of a long shot.

But, I can chase this, boss. OK?

I can get the surveillance footage
from the bodega and lD the kid.

He gets nervous 'cos he now thinks

he's linked to a gun
that just killed a woman.

He flips. And we lD the guy
that he just sold the gun to.

If it's Tony Darisa, great.

If not, you're chasing every place
the gun's been in the last week.

Could be three people, could be 20.

I think we're running out of time,
Adam.

Darisa must be nervous.
He knows we know it's him.

Next logical step
would be to leave town.

We gotta find him before he does.

Lindsay Messer.

- I need a witness. What is this?
- A... swatch of fabric.

I saw those in Marina's apartment.

She was a designer for
her stepfather's textile company.

Right. Looks normal, yeah?

- Yeah.
- Does it feel normal?

- Yes.
- Yes. All right.

Grab the other end with these.

OK, you ready?

What are we doing?

Just give it a second.

And boom.

What the hell was that?

The answer.

Marina's hand was clenched
around this piece of fabric.

It's imported from ltaly to one
textile distributor in the city...

Darisa Textile.

Where's the razzle-dazzle part? 'Cos
I see nothing to make an arrest on.

It's memory textile.

External stimulus, like temperature,
caused the fabric to change shape.

[Danny] And it first reacted
to the heat from the light table.

It's made out of equal parts nickel
and titanium. Nitinol.

Which is known for its
super-elasticity and shape memory.

And Hawkes said that Sid found
a rash on Marina's hand?

It was an allergic reaction
to nickel.

It's from this swatch of fabric.

But Marina wasn't holding anything
at the scene or at the hospital.

Yeah, she was.

They didn't see it as her
body temperature warmed this swatch

and it retracted.

It was hidden under her fingers.

Post-mortem, her body temperature
significantly dropped,

causing the fabric to uncoil, flatten
and easily slip through her fingers.

Maybe in the ambulance
or on the gurney.

That's why it was with
the collection of her clothes.

So Marina clenched this fabric
in her fist

because she knew she held the clue
to her killer's identity.

Tony married my mom
when we were five.

He loved her a lot.

But you could tell
that kids were a big adjustment.

[girl]... 9, 10.
Ready or not, here I come.

How many times must I tell you
to put that bike away?

He tried really hard.
He took care of me.

He and Luke...

...it was tough for them.

I, I don't think he meant to do it.

You're not my dad.

- [Tony Darisa] Get over here.
- [Luke Garito] Let me go!

- Let go!
- I'm your father. Now, stay...

[Luka Garito] Stop it! My arm! Ow!

Oh, no, Lucas. Luke! Oh, I'm sorry.

[Marina Garito] I stayed in there
for a while hoping this wasn't real.

And I was wondering
who's gonna take care of me?

[sobs] What'll happen to me
if I tell the truth?

And would my mum love me any more,
if they both went away?

No one asked me what happened.

So I just forgot.

What's going on?

One of Flack's Cls got an emergency
request for forged documents.

- Passport and lD.
- Tony Darisa's getting out of town.

Yep. Flack and I are gonna
help him through security.

[sighs]

[Marina] Detective Bonasera.

I want to thank you
for all that you've done

in trying to help me find my brother.

Finally,
I could put this all to rest now.

I know what happened.
I know who did it.

I knew all along.

Repressed memory.
That's what they call it.

I was in college and someone asked me
about my missing brother.

And he said,
"Why had nothing been done? "

So I got angry.

And I started to ask
my own questions...

Talk to investigators,
look for answers.

Two weeks ago, I went back there...

..back to the house where we lived.

And, I remembered it all.

Is this where you pointed the gun
right before you shot her?

- Or was it here?
- Hey, let go of me.

- Hey!
- Take it easy, Mr Darisa. OK?

- You got the right to remain silent.
- It was an accident.

What? Pillow got in the way
and the gun went off by mistake?

You got the right to an attorney.
Wanna hear this now or in the car?

If you cannot find an attorney...

All by herself she figured it out.

Timeline,
conflicting witness accounts,

the, the ice-cream truck
that never existed.

She confided in you.

Told you everything she knew.

[Tony Darisa]
We both wanted answers.

[Stella] Sure you did. Only you
wanted to know what she knew.

- How close Marina was to the truth.
- I would never hurt Marina.

You panicked. Just like you did
when you killed Luke.

Did she look at you differently?

- Is that what it was?
- I didn't kill her.

Yes, you did.

Only what you didn't know,
what we all didn't know,

was that Marina had ended her
commitment to search for Luke.

She was finally letting it all go.

She was letting you go.

The email to her friends
was mistaken as a suicide note

only because she was found dead.

Listen to her words.

"It's time I end it all."

[Stella and Marina] Free myself.
And this is the only way I know how.

[Marina]
Leaving here is my only option.

[Stella and Marina]
T ony, we're both free.

She knew it was you.

You panicked for nothing.

You killed her for nothing.

She was letting you go.

Hey, Sid?

Hey.

- I'm sorry.
- No, you were right.

And, and I got defensive because
I thought, what if she's right?

[Sid laughs]

Reminds me that, you know,
I may be a little off my game.

- I'm getting old.
- Uh-uh.

You are wise, my friend.

[Sid laughs]

[Sid] If only.

[Sid groans]

I got a letter in the mail today
from Marina.

- Yeah?
- Said she was moving to Boston.

- [Flack] Mr Brennan?
- Yeah. Who's this?

Hey, it's Detective Don Flack.

- How are you doin'?
- I'm fine.

Uh, what, what can I help you with?

Well, I was hoping that
you and I could get together.

You know something about my wife?

No, sir. I don't have any answers.

But I'm sure as hell hoping
you and I can find some.

Really? Wow.

Uh, Detective,
it's been a really long time.

Yeah, it has been a long time.

[Marina Garito] Three years after
the day it all happened, I was 1 1.

And I remember coming home thinking
that he's here.

He's back.

He's here. Luke.

I was sure he was hiding
in our secret place.

[Marina Garito]
Ready or not, here I come!

[Marina Garito] But he wasn't.

And I remembered him telling me...

...that one day,

he was gonna hide in a place

and I would never find him.

But I did.

I did find him.