Law & Order (1990–2010): Season 19, Episode 2 - Challenged - full transcript

A mentally retarded man who witnessed a murder holds the key to revealing the victim's shocking family secret, as well as shocking information about the identity of the killer.

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NARRATOR: In the
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.

So, what's your pleasure for
dinner? Your mother's asking.

Sorry, Dad. My buddies called.

We're going to go watch
the game at Monte's Grill.

Well, that sounds
like a good time.

Any room for the old man?

It's just you and
me tonight, honey.



I'm sorry, Mom.
Tomorrow night, I promise.

If he hangs around
us old wrecks,

how's he ever going to meet
Mrs. Devon Number Two?

RICK: I'll see you later.

RUTH: I wish you
wouldn't say that.

It makes it seem like we're
pushing him out of the door.

Rick Devon, home
address in Brooklyn.

He's an acoustical engineer

for an outfit in
Long Island City.

He's definitely off
the reservation here.

So, you found him?

Yes, sir. Dope slingers
work that end of the park.

It gets busy.

But when my partner and me drove
by around 9:00, the place was empty.



Have you ever seen
him at the park before?

No, sir.

Then you know
most of the regulars?

By sight. The
slingers and buyers.

Good to know.

Well, Mr. Devon had
60 bucks in his wallet

and a tan line where
his watch used to be,

so I'm guessing somebody
needed to know the time real bad.

Yeah, but if Devon
wanted to get high, man,

there are places closer to
home where he could've scored.

(WATER RUNNING)

You hear that?

What?

It's coming from in here.

BERNARD: Did
anybody use this facility?

Not since we got here.

Someone forgot their key.

Probably took it off
to wash their hands.

Must have left in a hurry.

Nobody wants to be the
last guy at a crime scene.

That was Ted. He
just picked up Matt.

They'll be right over.

I just don't understand what Ricky
was doing in that neighborhood.

We're going to need you
to make up a list of names

of the friends that
your son was meeting.

You know, his boss said that
he had just gotten a divorce.

How'd that go?

Well, Ricky and Cindy
were on good terms.

No kids, thank God.

Was he seeing anyone?

I don't think so.

He wasn't ready. I could tell.

May we see his room?

He moved back two months ago,

after they sold their condo.

Did your son have a
problem with drugs?

No. Why?

Well, the park that
he was found at,

it's a known drug hotspot.

MATT: Mom? Dad?

Oh, Matt! Matt... Matt...

Ted, Ricky's gone.

I know, Dad.

These are the detectives.

Ricky was our kid brother.

We understand. We'll
do everything we can.

Let's go. Come on, Mom.

Well, the dope slingers
should be back on the job.

You search all you want, Officer,
we're clean. We're law-abiding.

See, the thing is, me and
my partner were watching you,

and you kept putting your
hands down your pants,

so it got me to thinking
what the guy has got

down his pants. You mind?

Hey! Hey, man!

Feels like Smallville in here.

What is this behind your
sack? Where'd you get this?

Collecting empties.

Are you sure it's
the same bills?

You might want to take a whiff.

Aw, man, come on,
man, don't do that.

Let's take a walk, short stuff.

That was harsh.

Come here.

Sit down.

Sit down!

Let me tell you how
this is going to go.

We're going to lean on your crew

until somebody gives
somebody up, anybody.

We don't care,

just as long as we've got a body

to stand before
the judge. You dig?

My crew didn't do the
dude. We heard a fight.

People yelling and screaming,

so I sent Momo to check it out.

Look, I saw the dude,
he was lying on the walk.

You know what I'm saying? He
wasn't moving, so he was dead.

I went back and told Big Chuck.

I figured the heat was
coming, so we cleared out.

We didn't kill that dude.
We didn't go near him.

Anybody who says different,

they're lying out
of their mouth.

They're right for this
killing in every respect,

except for motive.

Well, what about a difference
of opinion on a drug deal?

Not likely. Everybody
we talked to

said Devon was a straight arrow.

Really? His tox
report back that up?

Uh, no. It's not in.
We're still waiting on it.

What we do know is
Devon had Mexican

an hour before he got his
head slammed against a tree.

Latent found prints on that key
that was left behind in the bathroom.

The set belongs to
a Diego Cardenas.

Back in the '90s, he did a
bit for assault with a deadly.

He was also a dues-paying
member of the Latin Aces.

Find out who gets
his dues nowadays.

Man, that was another
lifetime. It's all behind me now.

LUPO: No way the city would put an active
gang-banger in charge of a group home.

Once a felon, right? I
know how it is. That's okay.

Nobody owes me a break.

You ever go to the park on
Hutchison, Mr. Cardenas?

Sure. I've been to that
park with my residents.

When was the last time?

Matter of fact,
it was yesterday.

Yesterday? When, precisely?

In the morning.

You use the bathroom there?

Sure. Did I forget to
put the seat down?

Don't be a smart-ass.
You recognize this?

It's mine. I took it off
when I washed my hands.

Last night, you
mean, around 8:00.

No, I told you, I was
there in the morning.

With your residents.
We'd like to talk to them.

Sure.

Forty-eight minutes past 10:00.

We stayed 73 minutes

and we left at one
minute after 12:00.

12:01.

Is that an official police pen?

Yeah, I guess it is.

Here.

Did any of you guys see Mr. Cardenas
use the bathroom in the park?

The bathroom's on the bad side.

The bad side?

The side of the park
with the bad people.

Diego says we're not
allowed to go there.

What kind of coffee do you
have at the police station?

The regular kind.

We only saw one
bathroom in the park.

I like coffee.

How many cups of coffee can
you have at the police station?

Um, as much as
you want, I think.

Looks like we're going
to need a field trip.

That's the bathroom in
the bad part of the park.

See, that's the bad
guys over there.

BERNARD: It's better
if you don't point, okay?

So, where's the bathroom
you guys are allowed to use?

That's it. What do
mean, the diner?

The owner lets them
use the bathroom.

Okay, listen up, people.

Yesterday, did any of
you guys see Mr. Cardenas

go into this
bathroom right here?

No. Uh-uh. No.

Diego didn't use the bathroom.

BERNARD: Thank
you. Keep them close by.

Yeah, yeah. Come on.

Seems to me, you
going into this bathroom

is something they
would've noticed.

You can't rely on their memory.

Oh, I don't know, Diego. Their
memory seems pretty good to us.

Okay, look. I came back
to the park later, by myself.

I'm gay, all right? I wanted
to hook up with somebody.

So did you hook up?

I changed my mind.

I was here maybe 15
minutes, walking around.

Show us where you walked.

Like down that path.

But I got a bad vibe from the
pipe-heads. I went back to the home.

But first you washed your hands?

I was real nervous, okay. But I was
not here when that man was killed.

I didn't see anything.
Can I go now?

Sure.

We got fans.

He said he was back
at the group home

an hour before Devon was killed.

You check with the
folks at the home?

Those folks? They
have their hands full

keeping track of their
own whereabouts.

And Cardenas' story,
it just doesn't hold.

Well, maybe Devon was
cruising the bathroom, too.

Maybe Devon was the aggressor.

His tox report finally came
in. He's clean for drugs.

Unfortunately, it doesn't
tell us if he was gay.

I got the dumps
from Devon's cell.

Check this out, two weeks ago.

He called the group
home. Mmm-hmm.

Sounds like Devon and
Cardenas had a thing going.

Right, and that thing
got broken last night.

Look, it's going to be
dark in a couple of hours,

so before you take
another run at Mr. Cardenas,

see if any of the regulars can put
him in the park at the time of the murder.

Look, my girl's
waiting for me at home,

and if I don't bring her
the candy right now...

Yeah, I know how it is.
Just look at the pictures.

Lupes.

Keep looking.

Tell him what you
told me, Lewis.

Big Chuck and Momo

were looking for a witness that saw
them with that dead body Tuesday night.

What kind of witness?

They couldn't make
out who he was.

Momo said the dude ran off.

Come here, outside.

This witness, it
has to be Diego.

He saw the dope
slingers at the body,

and maybe he even
saw them kill Devon.

That's why he's been
lying to us. He's afraid.

Big Chuck saw us with
Diego this afternoon.

He might figure
he's turning snitch.

We got to get
him off the street.

Yeah, the group home's on
the corner of Moffit and 156th.

We need a patrol
car to 85 that forthwith.

Stay put, all right?
We'll call you back.

That was the group home.

Diego, he took one of the
residents on a walk two hours ago.

The resident came back alone.

I'll call Operations.

We got a report of shots fired.

The ID in his pocket
matches the teletype.

We're still canvassing for
witnesses, but don't hold your breath.

It's him. Shot in the mouth.

Subtle.

Man, I didn't do that. I
don't even know who that is.

This is the witness who saw you
with the body in the park Tuesday night.

Well, he ain't much
of a witness now.

(CHUCKLES) And he ain't
got nothing to do with me.

We heard that you were
on the hunt for this man.

I tell you again, I
didn't kill nobody.

Not that white dude,
and not this dude.

We'll see what Momo
has to say about it.

Me and Momo, we
got one mind on things.

Well, they killed Devon and now
they've killed the only witness. Brilliant.

Cardenas was with one of the
residents when he was snatched?

A mentally retarded resident.

Well, you've got to go with
what you've got. Talk to him.

I'll bring extra coffee.

Diego and me were
going to the 99-cent store.

We took a shortcut through the
alley, and Diego saw this big guy.

And Diego told me
to go right home.

But I didn't want to.

I wanted to go to
the 99-cent store.

But Diego said to
go home right now,

and he called me the T-word.

Tard!

What happened to Diego?

He was in the alley with the
big guy and some other guy.

I didn't care.

He called me the T-word.

He wanted you to leave, Freddie.
He was trying to protect you.

You tell us if you recognize
any of these guys from the alley.

I have autism-related
face-recognition deficit.

I can't remember faces.

It's true, he can't, he can't.

That's no good.

Do you remember anything
else about this big guy?

Maybe the clothes
he was wearing?

No.

Did you notice if there
was a car in the alley?

There were lots of cars in
the alley, and on the street, too.

You want the license
plate numbers?

For which car?

All of them.

Sure. Go for it.

Hey, it says that Diego
cooked dinner on Tuesday.

Tuesday's Chinese night.

Diego makes the best
eggrolls, nice and big.

What time was dinner?

Dinner on Tuesday night
started at 7:03 and ended at 8:16.

Did Diego eat
dinner with you guys?

MIKE: Diego always eats dinner
with us. That's part of his job.

And then he helps us clean up.

Devon was killed around 8:00.

Diego couldn't have
been in the park.

Why didn't he just tell us
he was here the whole time?

Maybe because he's protecting
who was really in the park,

the person who
left the key behind.

Mmm-hmm.

Mike. Yeah?

Was anyone missing
from dinner on Tuesday?

Yeah. Pete. Pete
was working late.

Where's Pete now?

When he gets into a fight
at the home, he runs here.

Something about sorting
recyclables cools him out.

Man, I hope the poor guy's okay.

Well, we think Diego put him
somewhere for his protection.

Maybe somebody here took him in.

He's got a lot of
fans around here,

but, uh, no, I would've
heard about it.

Did he ever talk about other people
he knows outside the group home?

He's never mentioned any family.

He did say he had a new friend.

Who was that?

Uh, young guy,
about 40, clean cut.

This him? That's him.

He showed up here two weeks
ago, at the end of Pete's shift.

Rick never mentioned
anyone named Pete.

Pete Harris. He's
mentally retarded.

No.

This man, Pete, is missing,
Mr. Devon, and we need to find him.

Now, he told people that
your son was his friend.

It really threw Rick for a loop.

Maybe he was trying to do some
charity work, trying to ground himself.

Maybe he told something
about it to Mrs. Devon.

Well, maybe. I'll ask her.
Right now she's taking a nap.

Parents shouldn't outlive
their kids. It's not meant to be.

All right, you got a guy with an
IQ of 50 who witnessed a murder,

and two homies after him,
where would you stash him?

Maybe you disappear him
into the mental health system.

The LUDs from
Diego's office phone.

Tuesday night at 11:00, he called
a state hospital in Staten Island.

Then three more
calls on Wednesday.

NURSE: That's a
nice badge, Officer.


You see mine?

It means I can't give
you any information

unless you're his doctor, his
immediate family or his legal guardian.

Look, why don't you tell
me who Mr. Harris' family is

and we can get them down here...

Unless you are a member of
the patient's immediate family,

I can't give you the
name of his family.

Yeah, I get it. Thank you.

These people...

Forget it. That nice-looking
Filipino nurse down there

told me Pete's
missing from his room.

She said he was
upset and confused.

The garbage room for
the hospital, where is it?

Pete? Yeah? Yeah, that's me.

Hi, we're police officers.
Diego sent us to find you.

Diego told me to wait for him here at the
hospital. He said it would be safe here.

Right. We know.

Are you taking me home?

Well, we have to make
a couple of stops first,

but I promise to get
you home okay. All right?

See you, man.

Come down and help
out anytime. All right?

Yeah. Okay. Yeah.

Thanks.

You're not in
trouble, all right?

We just need your
help to solve a crime.

You think you can help us?

Yeah.

Yeah? All right, you
want to sit down? Yeah.

Okay. All right.

All you got to do is answer
some questions the best you can,

and tell the truth, all right?

Yeah, okay.

Pete, do you recognize this?

Uh, it's my key.

Mmm-hmm. Yeah.

I forgot it in the
bathroom in the park

when I washed my hands
after I did number one.

That's right. What were
you doing in the park?

Walking with my friend Rick.

He took me out to a
Mexican restaurant,

and we had Mexican food. Yeah.

What happened? Why did
you run off and forget your key?

I was scared.

I heard Rick scream,

and I went outside,
and he was bleeding...

The bad guys were there, and I
was scared. I ran away. I ran home.

I told Diego about
Rick and the bad guys,

and he said, "Don't tell anyone,
or the bad guys will hurt you."

I was just so scared.

It's okay, you're
safe. I was so scared.

You're safe. It's all right.

Pete.

Yeah?

Do you recognize
any of these men?

Hey, Pete. Look at me. We're not
going to let the bad guys hurt you, okay?

Okay.

Take your time.

You have trouble seeing, Pete?

No. I'm just... I'm
looking at their noses.

I saw him.

Yeah, he was there when
Rick was on the ground.

What about these men? Did
you see any of them, Pete?

His nose?

No, his whole face.

Pete, you did really good,
okay? We'll be right back.

"Docket number 85632. People
v. Charles Thomas and Daryl Main,


"one count of murder
in the second degree,

"one count of murder
in the first degree."

First degree?

Defendants murdered a presumed
witness to the original killing.

The People are getting a
little ahead of themselves there.

I believe they need to
prove the first murder first.

I take it that's a
plea of not guilty?

Yes. On both counts. Same here.

CONNIE: People request remand.

Both defendants have long criminal
records with histories of violence.

I don't think that's... Don't
bother, Counselor. I can read.

Remand. Next.

What do you say? Bake-off?

Sure, which one you want?

One of you does
life without parole,

the other gets the prize:

25 to life.

First squeal gets the deal.

Do I look stupid to you, man?

We have the witness you
thought you were killing,

the one who saw you in the park.

Yo, man, I told you, we
didn't kill that dude in the park.

Okay, so,

let's talk about Mr. Cardenas.

Now, we have a witness who
says you were looking for him,

and a witness who got
your license plate number

off your car at the scene.

It's nice of Big
Chuck to let you drive.

If Cardenas bled, sweat
or breathed in that car,

we'll find his DNA

and you'll die in prison
in about the year 2070.

You better bring a book.

Let me talk to my client.

Take your time.

I'll go see how my colleague
is doing with Big Chuck.

Wait.

He'll plead on Cardenas
and implicate Big Chuck.

But no deal on Rick
Devon. What did you get?

Well, Big Chuck
says he rolls into clubs

and he rolls at the Bowlmor,

but he don't roll
on his homeboys.

So I win.

You know, just because
you tell them it's a contest,

doesn't mean it is one.

Then how come you're
such a sore loser?

Wait a minute, why will he plead

on one murder and not the
other? It's a packaged deal.

He says they didn't kill Devon.

We're gonna have to prove it.

I'd better go prep
our star witness.

I went inside, and
Ricky stayed out here.

Did you see the bad men when
you went into the bathroom?

No. We were
talking about birdies.

Over there. I feed them bread.

Pete, where exactly was Ricky
when you went into the bathroom?

He...

Here.

His body ended up over there.

Yeah. That's where I
saw them when I came out.

I heard yelling.

But I had to wash my
hands for 60 seconds,

'cause it kills the germs.

But I heard more yelling.

All right. It's okay.

So you stopped washing
and what happened?

Ricky was on the ground
with the bad man over there.

Did you see them push
him, or fight with him?

He wasn't moving.

I ran away.

And I told Diego, and
he said it wasn't my fault.

Let's take a break, buddy.

Wasn't my fault.
No. Wasn't your fault.

Maybe they were just stealing
his watch after he was dead.

Hey, they killed the
other dude, right?

Maybe because he'd finger
them for a crime they didn't do.

Listen, just call me if he
remembers anything else.

They like the white
part and the crust.

Ah. I don't like the crust.

We're talking about birdies.

Yeah, I always liked them,
even when I was a baby.

Really? Yeah.

You remember way back then?

No. Ricky told me.

Ricky told you?

Yeah. (STUTTERING)
He gave me a picture.

That... See?

Look here. It's me.

Where did Ricky
get that picture from?

Uh, I don't know.

Pete remembered something else.

Rick Devon gave him a
baby picture of himself.

Of himself?

LUPO: No, of Pete. Devon
had a baby picture of Pete.

We dug up Pete's records.

He was turned over to the
Department of Mental Hygiene

in 1964 by his parents,

Stanley and Ruth Devon.

But his last name is Harris.

LUPO: Yeah, some
clerk changed it.

It's just how they did it then.

It's not the most
rational bureaucracy.

Rick Devon was Pete's brother?

Yeah, he was born a year after
Pete was thrown into Willowbrook,

which was a hospital
for mental defectives.

It was a hellhole.
They shut it down.

And 40 years later, Rick
Devon tracks his brother down?

He got in contact with the Department
of Mental Hygiene two months ago.

They were happy
to hear from him,

sent him a full
family reunification kit.

And the rest of the family
knew nothing about this?

Talk to the father again.

I want you gone,
before my wife gets here.

Mr. Devon, we need to know
about this. Your son was murdered.

That's right.

And after that... After that,

how is it going to
make things better

to dredge up something that
we forgot about 44 years ago?

You never had any
contact with Pete?

No. My wife...

It was the best way.

Everybody said so.
Doctors and experts.

Pete was your
son, just like Rick.

He was nothing like Rick.

He wouldn't stop crying.
He wouldn't eat his food.

One day my wife came in and
found him bent over his kiddy car.

He couldn't get up.
He was suffocating.

Any other child on earth would
have known how to get up.

My wife had two other
sons to take care of,

and she was pregnant.

But a state hospital
for a 3-year-old?

Well, that's the way people did it
back then. And, lady, you weren't there.

Could we take another
look at Rick's room, please?

What was in here?

I have no idea. He always
kept that one locked.

The lock was forced.
Somebody broke into it.

CONNIE: Who's been in this room?

I... I don't know.
Just the family.

CONNIE: The Department
of Mental Hygiene

sent Rick Devon a
set of these forms.

It's a family reunification kit.

But his forms weren't in his
office and they weren't in his room.

Someone who wanted
Pete to disappear again

cleaned them out of that drawer.

The parents have been ignoring
Pete's existence since 1964.

The older brother, he probably
remembers him, but he hasn't said a word.

I mean, everybody
seems too concerned

that Mrs. Devon will explode if
someone mentions Pete's name.

Denial gone toxic. Could
be a motive for murder in that.

Or this.

The state has been paying for
Pete's upkeep for the last 44 years.

This is a form that would figure

the family's
financial contribution.

A strain on the family budget.

(PHONE RINGING)

Hello? Uh, okay,
just tell them to wait.

Thanks.

Pete's family wants to see him.

The loving family that
abandoned him 40 years ago.

One of whom might
just have murdered

the only member who gave a damn.

Better send a bodyguard.

Which one is going to be my dad?

The old one, Pete.

What are my brothers' names?

Matt and Ted.

How will I know
which one Ted is?

When we have a
party, we wear tags.

Don't worry about it.

You're going to do just fine.

You ready?

Yeah.

RUTH: This was taken a little
while before you went away, Pete.

Rick must have found it
when he moved back in.

Do you remember me?
I don't remember you.

Yeah, Pete, I do.

How are they treating you,
Pete, at the place where you live?

Nice. And the food is good.

And I have a job,

and I used to have
a girlfriend. Daryl.

I want you to know, we're all
very sorry you were sent away.

MATT: Is that really fair?

To Mom and Dad?

TED: You were too
young to remember.

I had a little brother,
and one day he was gone.

And maybe that was for the best.

I don't think this is the time.

When would be a better time?

No, he's right.

Why don't you boys get some
refreshments for our guests?

Rough party, huh?

You don't seem too thrilled to
have Pete back in the family.

What's the point,
after all this time?

I mean, you saw my mother.
He was fine where he was.

Oh, damn it.

What? (SIGHS)

Our long-lost brother only takes
his soda out of a plastic bottle.

He won't have it any other way.

You remember that?

No, I was a baby when they
put him away. Ted told me.

At least we know
Ted feels something.

To remember that
after all these years.

I'm not so sure. They didn't have
plastic soda bottles 44 years ago.

You guys okay?

The police are searching
my apartment and my office.

I thought you had the drug
freaks that killed my brother.

Well, I thought so, too.

And now you think I did it?

Well, my colleague, Ms.
Rubirosa, and the police

have developed a theory.

What theory?

That you heard about Pete
through your brother Rick,

because there's no other
way you could have known

that Pete likes plastic bottles.

I didn't say plastic
bottles, I said bottles.

Well, your brother Matt
said that you said plastic.

Wait a minute.

So, you're saying
that I killed Rick?

Not on purpose.

I'm saying you had
every reason to be upset.

This is unbelievable.

Did you get a
confession this time?

One for two.

The police find anything?

No. But we did get a
call from the group home.

Pete's upset about something.

Nothing.

He won't eat. He
won't go to his job.

It all started right after
that visit to his family.

What was it, Pete? Was it
something about your family?

Pete, please.

They didn't like me
when I was a baby,

and I don't want them
to be mad at me again.

Why would they get
mad at you, Pete?

I heard that voice.

What voice?

The voice that was yelling at
Ricky when I was in the bathroom.

He was there. Same voice.

He was where, Pete?

With my dad and mommy.

He was one of the brothers.
The one being nice to me.

Ted.

You're not welcome here anymore.

We know what you're
trying to do with Ted.

Look, is he here, sir?

Ted Devon, you're under arrest.

Wait a minute. What are
you doing? What is going on?

Put your hands behind your back.

Stop! It's all right.

Wait a minute.
Wait! Ma, it's all right.

We dropped the first murder
charge against the drug dealers

and indicted Ted Devon
for second-degree murder.

Premeditated? He
intended to kill his brother?

Well, if he didn't, let
him plead. I'm open.

You ought to be.
With your case resting

on a mentally
retarded ear-witness.

How's he going to
hold up on cross?

Maybe not so good. His family
wants Pete to move back in with them.

After 44 years? They
want to pooch his testimony.

We've got to keep them away.

How? He's an adult. He
can go where he wants.

You're screwed.

You sure about this, Pete?

You don't have to go in there.

No, no, I want to.

No matter what, you're still
going to do the right thing, right?

Do I look okay?

Sure. You look fine.

Okay. Bye-bye.

And how was your brother's
business doing, Mr. Devon?

Not too well, I think.

You think?

Why did you write Ted a check
for $2,000 a few months ago?

It was a loan, so he
could pay his rent.

We all helped him
out. We're a family.

And your father helped, too?

Dad loaned him what he could.

"What he could."

He'd have a lot less
money to help Ted

if he had to pay a bill from
the state for Pete's upkeep,

isn't that right?

Well, I suppose. Sure.

Thank you.

How happy were you to learn

that your brother Pete
had been rediscovered?

I wasn't. I knew it would be
very upsetting to my mother.

So if you'd known
what Rick was doing,

you would have
been angry with him.

I just don't think
it was necessary.

You just said that when Ted
needed help, you loaned him $2,000.

That doesn't sound
like very much.

It was all I could spare.

I've had some financial
troubles of my own.

So you think Rick was wrong
to dig up your retarded brother?

And you have financial troubles,

so you would have suffered
from a drain on family resources.

Sounds like you had the same
motives to fight with Rick that Ted did.

Maybe you killed him. Objection.

Withdrawn. No more questions.

Ricky and me, we
walked to the park. Yeah.

And what happened
after you got there, Pete?

I... I don't know. I mean,
I don't remember, yeah.

Pete,

do you remember what you
told the grand jury about this,

under oath?

Yeah.

Do you remember saying that

you went into the bathroom
and Rick stayed outside?

I guess.

And you heard
someone yelling at Rick?

Yeah, okay, I said that.

And that you later recognized
the voice of the person yelling?

It was your brother, Ted.

I... I don't know.

You said that because it
was true, isn't that right?

No, that wasn't true.

Now, aren't you saying that now
because your family told you to?

No.

It wasn't true,
'cause I was lying.

Teddy didn't hurt Ricky. I did.

Yeah, Ricky wanted
me to live with him,

and I didn't even know
him, and I... I like where I live.

Pete...

We argumented and I pushed
him and he fell and he hit his head.

That's the whole truth
and nothing but the truth.

Yeah, that's it. That's it.

Okay.

I can't believe that family is
throwing Pete to the wolves, again.

Getting him to confess to
a murder he didn't commit.

Why not? What's the downside?

Ted goes free, so does Pete.

Even if you charge him with perjury,
no judge will send him to prison.

Why perjury? Why not murder?

CONNIE: Because
he obviously didn't do it.

He says he did.

We all know he's lying.

What kind of pathological
prosecutor would actually charge him?

Call the cops. Tell them to
arrest Pete Devon for murder.

I thought I was supposed
to be the hard-ass.

You can't be serious about this.

Dead serious, Mr. Devon.

It doesn't make any sense.

If they found Pete guilty,

they would just send him
back to his group home.

I promise you that's
not going to happen.

He confessed to a murder.

He'd go to prison?

That's the way it works.

Oh.

I'm not sure why
this is so hard for you.

You've sent Pete
away once before.

Ruthie, he's just
trying to upset us.

You don't know what
things were like back then.

The doctors tested Petey
and they said he was a moron.

That was the
medical term, moron.

So he was a victim once, makes it
easier to make him a victim again.

All the doctors said it
was the right thing to do.

Ruthie, look, he's bluffing, don't
you see? It doesn't make any sense.

First, he doesn't get to
say where Petey goes.

And second, he
knows that Pete can win

some kind of "not guilty
by mental deficiency."

And third... Stop!

That was how you counted
off the reasons 40 years ago.

Seven good reasons why
we should give Petey away.

First, he would
be a burden to me.

Second, he needed medical
care we couldn't give him.

And on and on and on,
all those logical reasons.

And I gave away my baby.

I can't do it again. I
will not do it again.

(SOBBING)

TED: I'm 50 years old.

But when Rick told me he
wanted to bring Petey home,

it all came back.

The tantrums, the
messes, my mother crying.

Our whole life was a mess.

I told Rick what it would do
to our mother, to the family.

We argued and I...

I followed him into the park.

I guess I was
curious to see Pete.

And when he went into the
bathroom, I went up to Rick.

We argued again.
Things got out of hand.

And I shoved him, hard.

I didn't mean to kill him.

You've pleaded guilty to
manslaughter in the second degree.

Was that plea made
of your own free will?

Yes, it was.

Very well. I'll set an
early date for sentencing.

Meanwhile, you are remanded to the
custody of the Department of Correction.

(BANGS GAVEL)

Forty-four years.

That's a lot of catching up.