Law & Order: Special Victims Unit (1999–…): Season 1, Episode 16 - The Third Guy - full transcript

An elderly woman who was found dead in her apartment was determined to have been sexually assaulted and robbed. The detectives quickly track down two young men believed to be responsible. However, new evidence suggests these suspects may have been only responsible for the robbery with an unknown person entering the apartment after they left.

In the criminal justice system,

sexually-based offenses
are considered especially heinous.

In New York City,

the dedicated detectives who investigate
these vicious felonies are members

of an elite squad known
as The Special Victims Unit.

These are their stories.


Hey, you left the door open.

Mrs. Bernstein?

Oh my God.

Mrs. Bernstein?!

A lot of chaos for one guy.

Lady lived here 50 years.

- Alone?
- Alone.

The guy ejaculated on her thigh.

Take a look at this.

Tied up with her own support hose.

Attacker came unprepared.

The rape was
probably an afterthought.

How do you get those thoughts about
somebody who looks like your grandmother?

?ڸ????? - NSC ?ڸ???

Law & Order SVU
1x16 The Third Guy


Thanks a lot.

What are you doing with the shrink?

Doctor. Doctor Skoda.

Whatever, Skoda's a handful.

He's the best.

- At least in his mind.
- That's what he's the best at.

No, that's the kind of
doublespeak I don't need...

What "doublespeak"
are you talking about?

- Let's just wait to call him in.
- It's a little late for that.

I already invited him.

Lenora Bernstein got up,

had tea and toast
as she did every morning,

went and filled the bird
feeder outside her window.

Then she crawled
back in bed to warm up.

Some junkie skel came in through
the window she forgot to lock,

- tied her up, gagged her...
- Robbed and raped her.

She was an old lady.

How old is old?

- 72.
- Who is there to notify?

She was a widow.
Her only son's dead.

There's gotta be somebody.

I'll tell you, this is not
an address book, it's the obits...

names crossed out,
funeral cards between every page.

As if it weren't terrifying enough
facing the twilight years alone.

This is one crime I just do not get.

What kind of man
rapes a little old lady?

Sexually inexperienced.

Late teens, early 20s.

A social misfit.

If he's been employed at all,
it's intermittent menial work.

"Projected mother rage"?

Yeah, that would track.

His mother may have
molested or abandoned him.

No disrespect to your
psychological training,

but I'd like to hear from the perp
how he felt about his mother.

You guys canvass her
street and her building.

Munch, Jeffries,
see what the M.E.'s got.

An occlusion of the
left anterior descending

caused an acute
myocardial infarction.

Brought on by the rape?

The sudden burst of adrenaline
from that kind of trauma,

through aging, somewhat
placqued veins, that would do it.

But technically,
she died of natural causes.

Induced during the commission
of a class "A" felony.

That's murder two.

There's vulvar bruising, but
no internal tearing or abrasions.

I'd say your guy was flustered...

overly stimulated.

Premature ejaculator.

Can we expedite the DNA on this one?

50 bucks extra.

EMS put time of death at 10:53 a.m.

How long before that
did the heart attack begin?

I'll have to do a complete
dissection of the blood vessels.

As soon as the slides
come back, I'll let you know.

Was there anything she had up there
that was especially valuable,

that somebody might
have known about?

Jewelry, maybe?

Oh, yes. She had
some gorgeous pieces.

Diamonds set in platinum.

She'd wear that kind
of jewelry around here?

To temple, sure.

Can you describe
any of the pieces?

Yeah, in one word...


She had no choice.

Well, her jewelry box
was cleaned out.

Could there have
been anything left?

No, Nothing...

maybe some costume pieces
that she picked up at the flea markets.

But they weren't worth anything.

Anybody try to pawn
this in the past few days?

You can get that
on QVC for like, $9.99.

What would I want with that?

Cuy also would have
had a faux pearl necklace,

faux onyx ring, faux diamond ring...

I don't deal in "faux,"
or stolen goods.

That's why it would have
stuck out in your mind.

Two kids.


If I had bought the goods,

I would have gotten their names
and address as required by law.

But I didn't. So I didn't.

What did they look like?

Colombian, Dominican...

something like that.
I don't know.

Late teens.

One was tall, had dark hair,
was wearing a fade.

The other guy was really short,

he had a hand tattoo.


Barbed wire across the fingers,

and a dagger with blood drops.

Would you mind working
with our composite artist?

Home Medical Supply Delevery
Bronx, New York
Monday, February 14

Mr. Bosic, how you doing today?

We'd like you to take a look at this.

Any help you need on this,
you come see me 24/7.

These guys that did it?

At this point, we're looking to see
if anybody saw them in the building.

Or the general proximity
when you drove up.

No, but if it'll help nail these guys,
I could say whatever you want.

That's not what we're looking for.

It's just so horrible what
happened to that poor lady.

I feel like I didn't do enough.

I kept thinking the CPR was
gonna save her, you know?

Yeah, we know.
How about your partner?

Jimmy? He was down in the truck.

- Where was it parked?
- Right out front.


- take a look at these for us, please.
- Sure, I'd be glad to.

Oh, yeah, a friend of mine does
these down on Amsterdam Avenue.

But he's not this good.
These are really good.

Meaning you recognize them?

Sure do.

Excuse me.

We're trying to put
two names on these two.

That looks like Carlos...

and I think the other one,
that's Alfonso.

Do you have a last name?

Carlos' is Medina, same as mine.

No relation, thank God.

Alfonso, I'm not sure.
He's new this year.

But you know Carlos?

Yeah, to get to the bodega...

down that block...

you pass his building.
It's the one right before.

All his life he sits on that stoop,
hassling everyone who goes by.

Such a pendejo.

- Thanks.
- You're welcome.

The victim's synagogue is
just past that bodega.

Then every week she would have had
to walk right past that pendejo.

Yo, what's up, ladies?
How y'all doing?

Hey, what's up? What's up?


I know you're smilin'.

What's up?
What's going on, baby?

How you feel?

This looks a little more promising.

What I tell you about that?

Gimme the money.
Yo! Break.

- Bonus.
- All right.

Get off the block.

- Police!
- Oh, yo, yo!

Break. Break.

Right there, pal! Right there!

Hey, amigo!

Up against the fence.

Against the fence.

Hey, out of my pocket, man!

Soon as I hit bottom.

I think I found Hoffa. What's this?

Be gentle with this one.
The poor dear retains water in her ankles.

Oh, really?

You scored salicylamide.

- A diuretic, "genius."
- What?!

It won't get you high, but you will
shed those unsightly water pounds.

Usted me esta complicando,
you douche.

Yo, "Hiphop," you want us to
Mirandize you in English and Spanish?

- We can do it.
- What have we got?

"Bernstein, Lenora."

You know Lenora?
That's a coincidence.

Let's go talk about it.

Don't say nothing, 'Fonso.

No decir nada.

Can we get you
something to drink?

You probably want to
get this over with, huh?

Good. Then let's make
it quick and painless.

Have a seat.

Just tell us what happened.

- You should ask Carlos.
- We're asking you.

Hey, what is it? You got a thing
for defenseless old ladies?

The kind you hear
have fancy jewelry?

You climbed up her fire escape.

You're thinking,
"Today's my lucky day,

the window's not locked."

You go in, you ransack the place,
tie her up and find squat.

Why aren't you talking to Carlos?

She tells you she sold her jewelry.

Which is the truth.
But you don't believe her.

Or maybe you do,
but you're still pissed.

So you take it out on her.


You look nervous to me, Alfonso.

Why is that?

You the one who raped her?

That's sick.

I didn't rape no old lady!

I'll tell you what.

We'll talk to Carlos about that.

Are we disturbing
your beauty sleep?

Don't worry about it.

- Nice ink.
- Yeah, I know.

The guy you tried to unload the junk
jewelry on was just raving about it.

We found that stuff
on the street by the pills.

We got your fingerprints
out of her apartment.

Well, I helped her
with her groceries once.

Through her window?

I could be mistaken,
but last time I checked,

good Samaritans don't
usually rape elderly women.

What did you say?

We got DNA from
the donation you left.

Now you don't tell us
which of you did it,

it will.

You see, we're gonna
take samples from both of you.


let's do it...

'cause I didn't rape nobody.

You were right.

Carlos cleared up everything.

- So I can go now?
- Why did you do it?

What was going through your head?

What? / Your buddy's got
no problem giving us a DNA sample.

Which makes it obvious
that you're the one that did the rape.

That led to her heart attack.
That killed her.

No. / Same as putting
a bullet through her.

No. / Yes.

I don't understand this,

'cause I didn't do anything like that.

He says he didn't do it.

If he didn't do it, I guess he won't have
any trouble consenting to a DNA test, huh?

I don't got no problem with that.

What's wrong with you two?

We just swabbed the both
of them and sent it out.

And...? / I don't think
either one are gonna match.

Why would you think that?

Too anxious.

Practically falling over
themselves to give it up.

So one of them's playing you.

Or there's a third perp.

I'm preparing
arraignment on two boys.

- Who the hell is this John Doe?
- We got the DNA back.

It's neither of the boys
we already have.

We have them at the place ripping it off,
we don't have them on rape.

So what is this,

a fishing expedition
for John Doe number three?

Exactly. We're not Robbery,
we're Sex Crimes.

We want the one who raped her.

I wish you'd let me know earlier
that one of them was still at large.

We thought it was
just the two of them.

Only two came into the pawn shop.

Only two were identified
by witness at the building.

Get anything off the guy
they were selling to?

Who, "Hiphop"?


So the smart one got away clean.

What do you want me to do?

The boys aren't
giving up any names.

Could you give us
a little bargaining chip?

Right now I can charge
them with robbery one,

two counts of robbery two,

and a slew of lesser charges.

And if they give us what we want?

Robbery two and criminal trespass.

They're looking at five instead of 15.

I won't go lower than that.

Screw you, I ain't doing five years.

Let us do the negotiating.

Inform your client that
if he doesn't take the deal,

he's looking at a minimum of 15.

Maybe you should let us have
some time with our clients.

I don't need no time.

They want the rapist,
I want a free skate.

That's my deal.

Your clients are
facing serious jail time.

And I don't think you're the gambler
that "Sevencard Carlos" is.

Carlos, maybe we should...

Shut up, 'Fonso.

I got us covered.
We're not the ones they want.

Why are you letting
this boy gamble with your life?

How old are you? 17?

Look at me.
Take a good look.

In 15 years, you're
gonna be as old as I am.

Oh, please.
Can we be serious here?

Okay, bottom line.

If we get this guy on our own,
the deal is off.

Both of your clients are
gonna do the max.

And we will find him.

Oh, knock yourself out.

Enjoy the cavity search.

Stephen Foster High School
590 West 161st Street
Wednesday, February 16

Carlos Medina and Alfonso Cardenas...
could you pull their files?

And confirm they
ditched school on the 14th?

Do you have a warrant?

Could by the end of the day.

Good enough.

Actually, they did not
skip school on the 14th.

No? / No,

they were already suspended.

'Course they were.
What did they do?

Broke into some lockers.

Were they caught with another guy?

No, just the two of them.

Can you tell us who they hang with...
guys they've gotten into trouble with?

You've somebody in mind, don't you?

For him, I will wait on that warrant.

Why? What is he,
the principal's son or something?

He and Carlos have history.

But I don't think
they associate anymore.

His name?

He's cleaned up his act this year.
He's not who you're looking for.

Ma'am, with all due respect,
that's for us to decide.

Emmanuel Clemente.

While you're looking up his address,

can you check to see if
he was in school on the 14th?

Sneak it in,
sneak it right back out.

That your modus
operandi there, Emmanuel?

Cot two of your
teammates sitting in jail.

Carlos and Alfonso
aren't on my baseball team.

That's not the "team" we meant.

How did you get out of Mrs. Bernstein's
apartment without anybody seeing you?

By not being there.

I find it interesting the effect that
guilt has on our bodies, don't you?

- Yes, I do.
- I have no guilt.

Sociopaths never do.

I mean, I have nothing
to feel guilty about.

An elderly woman is dead.
She was raped.

And you and Carlos
used to hassle her.

Used to. I haven't hung out
with Carlos in about a year.

Anyway, every time she passed
by she would give us quarters.

So for a buck she'd be alive today?

Why do you say that?

I mean, it must've been insulting...

this white lady tossing
coins to the underprivileged.

Hey, I'd be insulted.

Yeah, okay.

We were like, "Keep it."

So it's payback?

Not for me.
I got discipline now.

Right. The discipline you had
when you ditched school that day?

I had things to do.


Tell us, or you could tell the judge.

My little sister got
a little in over her head,

- if you know what I'm saying.
- No.

I took her to the
methadone clinic that day.

Right, another good Samaritan.

Okay, Thanks for your help.
Appreciate it.

I am tapped out.
How about you?


Look who's coming in emptyhanded.

"Saint Emmanuel" was at the methadone
clinic from 8:00 a.m. to 11:45.

The receptionist saw him
come in with a 14 year old

at 9:00 and stay at least two hours.

- He left and came back?
- No.

And she remembers distinctly
discussing baseball stats with him.

Which drove the
administrating nurse nuts.

Baseball widow.

So, how close are we?

We just got sent back to square one.

Okay. We're gonna have to go back
to the boys with a better offer.

A.D.A. said she
wouldn't go lower than five.

Well, that was for both.

What if one does the max?

The other one gets a walk?

Well, I want the rapist,
so we roll one.

Any thoughts?

Carlos is your typical sociopath.
He's been through the system,

he won't think twice
about screwing Alfonso.

Give it to the sociopath?

Alfonso's a follower. His loyalty to
Carlos would make him harder to turn.

But he does have a conscience.
And he's scared.

Fear is a great motivator.
Let's use it.

Rikers Island
Correctional Facility
Wednesday, February 16

Enjoying your stay?

Making friends, I see.

You're here to check
on the welfare of my client?

Yeah, he doesn't look like he's weathered
his last three days in here too well.

And how do you think you're
gonna handle the next 15 years?

- Carlos says that's not gonna happen.
- Ah, Carlos.

Keep listening to Carlos,
you're gonna end up dead.

Your point?

We talked to the D.A.

He gives us the rapist,

she will drop him down
to third degree robbery.

At 17, they can sentence
you as a youthful offender.

You could pull a year and a half.

Maybe even probation.

No jail time?

It's possible.

Is Carlos going to get it too?

Nope, only one of you.

Can I think about it?

I don't really know
what there is to think about.

This is a once in a lifetime offer.

You want to think about it?
You got 12 hours.

But you better think very hard,

because this is the
biggest decision of your life.

Then, it goes to Carlos.

You know he's gonna
take it in a heartbeat.

Any messages for us?

Not about Alfonso.

Idiot. He wouldn't take the deal?

He wants it. / He just doesn't
want to screw over Carlos.

Carlos, who would sell out his
mother for half a pack of Marlboros?

- Yeap.
- D.A.'s office just called.

You got a taker on your deal.
They're waiting for you.

What are you doing here?

I heard there was a deal on the table.

On Alfonso's table.
Alfonso had a dilemma.

He asked for my advice and as his friend,
I had to counsel him against it.

My client, on the other hand,
is quite amenable to the terms.

Shall we begin?

It's up to you.


The deal is contingent upon
your information leading to an arrest.

And he allocutes.


I got no problem telling what happened.

Where do you want me to start?

Where we came through the window?

Who's "we"?

Well, Alfonso,
I thought, was gonna bail right there.

I thought he was gonna cry.

What about the other guy?

But she don't got nothing,

so I trashed the place.
I teach that bitch.

But all of a sudden there's this noise.

What kind of noise?

A cuckoo clock.

Only it's freaky loud.

I mean, Alfonso almost fills his drawers.

He takes off right out the door.

Yeah? How many times did it cuckoo?


Once on the halfhour... 9:30.

So I chase down Alfonso,
catch him halfway down the stairs.

Leaving your other guy
alone with Mrs. Bernstein?

I didn't leave nobody.

Let me explain something to you.

You jerk us around,
you jerk your deal off the table.

So I drag Alfonso's sorry ass back.

But there's this guy outside the door.

A white guy. Beige uniform.

Okay, why don't
we just hold on right here?

You're saying none of you raped her?

The guy was carrying
a clipboard, you know...

had a logo on his pocket,
a bunch of letters,

but it didn't spell anything.

Anyways, this guy walks
through the door that we left open.

So Alfonso was like, "Yo, whoa!

We trashed the place, man.
We need to get out of here."

You're telling us the
delivery man raped her?

Yeah... I mean, how sick is that?

- The delivery guy?
- According to Carlos.

Not one of his drugaddled,
delinquent buddies,

but the good citizen
who tried to save her? Yeah, right.

Carlos definitely saw him go in.

He described his uniform
with the company name.

And there are holes in Stan's story.

They saw him go in at 9:30,

but Stan didn't call 911
for another 23 minutes.

- What can you do in 23 minutes?
- What can't you do?

We're talking about
the guy who called it in

and stayed there while
EMS tried to resuscitate her.

A guy starts a fire, reports it,
helps firefighters put it out.

- Hero syndrome.
- Or, Carlos, takes a hero

and turns him into a patsy.
It's called "schmuck syndrome."

Yeah, I must admit, the elderly victim,
the hurried nature of the sex act...

it's more consistent with
a less mature offender.

Like a Carlos.

We're gonna have to
tread lightly here, folks.

Stan made every paper.

We don't want another
"Richard Jewell" on our hands.

So check him out thoroughly
before you make any moves.

What's wrong with you two?

Alfonso's attorney just called.

- Now he wants to deal.
- Desperately.

Well, Alfonso's not
the only one with troubles.

I just punched up
Stan Bosic's record.

Stan has a record?

Before he was the
champion of the elderly,

he spent some time in Sing Sing.

- What for?
- Armed robbery.

- Sexual assaults?
- None that he was busted for.

If he did do any and got away with it,
he had to tell someone.

Great captive audiences.

Who'd he bunk with?

- Jonathan Schmidt.
- In or out?


Apartment Of Johnny Schmidt
243 East 4th Street
Thursday, February 17

Yeah, I roomed with Stan.

Talk about hard time.

I guess the guy rubbed
you the wrong way, huh?

Having a layer of skin peeled off would
have been a little bit more pleasurable.

- The cat never shut up.
- About what?

Crimes he got away with?

Naw, naw. Nothing to do with that.

What, this child couldn't
walk five feet to the trash can?

What'd he talk about?

"Female exploits," what else?

He was the joke of the cell block.
"Stan the Man," they called him.

You two ever stay in touch?

No. Actually, the clown called
a couple months ago out the blue.


And he goes on and on

about this "cush" job he has in the
"pharmaceutical transportation" industry,

and how he's boffing
half the women on his route.

He told you he was having sex
with the women he was delivering to?

- If you let him tell it?
- Yeah...

No woman could resist him.

Apartment Of Jimmt Walp
175 West 21th Street
Thursday, February 17

Jimmy, isn't it?

Yeah. Who are you?

Detectives Jeffries and Munch.

- You on your way to work?
- Yeah. I have to be there by 9:00.

I understand it's enjoyable work...
for your partner Stan, at least.

"Stan the Man."

Yeah, we heard
he was really irresistible.

We also heard that he's boffing
half the women on the route.


If you know anything,
you better tell us.

Otherwise we have to
charge you with obstruction.

What do you want to know?

Well, you two in that truck,
cooped up for hours every day.

Stan the talker.
I'm sure sex comes up.

Oh, yeah.

Did he tell you about having
sex with women he delivered to?

All the time.

"Special deliveries," he calls them.

What about Mrs. Bernstein?

What about her?

Did he ever make
a "special delivery" to her?

Nope. I have to
pick up a newspaper.

Think he knows more
than he's telling us?

Volumes. I think it's time
we talk to "The Man" himself.

Hey, what brings you down here?

We need you to clear up
a few things for us.

Anything I can do to help.

It'd be easier if you
did this at the station.

- Do you mind?
- I still got deliveries to make.

They can wait.

For the last time,
I never did any customers.

Not once... never.

- That's not what we heard.
- I've been known to brag, all right?

Okay. Lie.

Like you lied on
your job application?

You didn't mention
you were an excon.

Of course not, I'm not stupid.
They wouldn't have hired me.

Think they'll keep you when
they find out you raped Mrs. Bernstein?

- I never touched that woman!
- How did you give her CPR?

How did l...?

Okay. Okay! I didn't.

I didn't give her CPR.

Hell, I didn't even find her.

See, there you go
with the lies again.

We've got witnesses
who saw you go in...

a good 20 minutes
before you said you did.

No, no, no, you got this all wrong.

They didn't see me,
they saw Jimmy.

Jimmy? Now you want us to believe
that you're covering for Jimmy?

Not for him, for me.

Okay, look.

I'm the one who's supposed
to make the deliveries.

Jimmy's not certified
to hook up the tanks.

But when there's a building without
elevators, he walks it up for me.

He was taking so long,
I finally went up.

I found the new tank by the door,

her tied to the bed,
and Jimmy in the bathroom.

What was Jimmy
doing in the bathroom?

Freaking out.

I figured he walked in on what I just
walked in on, and couldn't handle it.

But you could?

It seemed like a winwin.

He doesn't have to deal
with it, I keep my job,

and it gets my name in the papers.

I'm not lying this time.

- No?
- No.

Well, we've got witnesses,
so it should be easy enough to clear up.

We'll put you both in the lineup
and see who saw what.

Carlos, do you recognize anyone?


- Take your time.
- I don't need no time.

He's not there!
What are y'all trying to play here?

They can go.
Send in the next group.

Man, what's wrong with you?
I told you exactly who it was

and he ain't even there.
Now you're tryin' to...

- that's him!
- Which one?

Number one...
that "Gilligan's Island" looking dude.

I remember,
that's the long, dopey face I saw.

- Are you sure?
- Yeah. Now, am I free to go?

I think my client's
fulfilled his side of the deal.

Only if it leads to an arrest.

I'll send over the
paperwork when it does.

Just got the final autopsy report.

Turned out she actually had
two separate heart attacks.

The first one caused a partial
occlusion in a diagonal branch.

When did she have the first one?

Within an hour of
the one that killed her.

When the kids broke
into her apartment.

Did the first one contribute
to the second one?

According to the M.E., absolutely.

If her heart hadn't been
weakened by the first,

she might have survived
the second one.

We just cut Carlos loose.

What say we don't
lose anyone else, huh?

- You understand your rights?
- Yeah.

Who brought the tank up
to Mrs. Bernstein? You or Stan?

Me. I always took the tanks.
Stan has a bad back.

When you got to the door,
was it open or closed?

Open. But not all the way.

Just a little bit.
But it was open.

- What did you do then?
- I went in.

- You notice anything unusual?
- Yeah, yeah.

It didn't look like it usually did.

How did it look?


Messy? / Yeah.

That it? / Yeah.

Yeah, I was gonna help.

Help what?
Help her clean up?


I called, "Hey, Mrs. Bernstein."

She answer? / No.

So I went looking for her.

And where did you find her?

- The bedroom.
- Where in the bedroom?

On the bed.

Anyone else there?


Can you describe the condition
in which you found her?

What was that?

How did she look on the bed?

How...? She looked...

she looked nice.

She was wearing her nightie.

She looked happy to see me.

That when you tied her up?

No, no, no, no. I didn't tie her up.

You know, Jimmy, I gotta tell you...

we think you did.
We also think you raped her.

- You raped an old woman.
- No!

- Then you killed her.
- No!

You wanted to see me?

Yeah. Shut the door, please.

You wrote a psych
evaluation on Jimmy Walp.

No, actually, I didn't.

According to Jimmy's
legal aid attorney, you did.

He's filed for a statement hearing.

If he can prove Jimmy didn't understand
his Miranda, we lose his statement.

And anything that came after that.

How could you give the defense
that kind of ammunition? In writing?

I asked you...

I put a little "sticky" on
your desk by his DD5, that's all.

Well, what was on
this "bombshell" sticky?

"Retarded" and a question mark.

Never should have left this office.

Well, it did.
It made it into the discovery packet.

The hearing's Monday.

Anything you can dig up
refuting his "alleged retardation"

would be greatly appreciated.

Well, let's start digging,

and not stop until
we get this guy in Mensa.

Pulled his Board of Ed. Records.

Okay, according
to the D.S.M. Criteria,

an IQ of 70 or below classifies
him as mentally retarded. What's his?

- He doesn't have one.
- It's not on his record?

- He was never tested.
- That's impossible. Everybody's tested.

He slipped through the cracks...
missed a lot of days in school.

- What about his grades?
- "D"s and "F"s.

That doesn't prove anything.
Albert Einstein consistently flunked math.

Thanks, John. We'll just argue
that he's another "Einstein."

What'd you get on his work history?

Difficulty sustaining employment...
even fired from McDonald's.

That alone will win
their case for them.

But he did get jobs. And he lived
on his own, unsupervised, unassisted.

Which, believe me, is no easy feat.

Jimmy's the last tenant
I expected trouble from.

You sure you're not here
about that guy in 201?

Yeah, we're sure.

Thanks, we'll lock up
when we leave.

A lot of books.

Got everything from...

Danielle Steel to...
oh, Olivia, look at this.

"Introduction to
Thermonuclear Physics."

I gotta tell you,
this is such a crock.

You gonna tell me how many
retarded guys read James Joyce?

In the box.

He's a big reader, all right.

Every morning he sits on
the stoop reading the paper.

Is that right? / Yeah, I say,
"What's the good news, Jimmy?"

He answers,
"I'll tell you when I find it."

Hey, look at this.

Guy's kept every receipt he ever got.

All paid with cash.

Cash. Cash. No credit cards.

That makes him smarter
than me right there.

No checkbook. No diary.

Yeah, but he's got a lot of porn.

In the box.

There's no kitchen around here.

We got a stove.

What do you know?
Filled with books and newspapers.

Where does this guy eat?

Lilly's diner, religiously.

Health Department closed
it down once for a week,

I think he lost 10 pounds.

Oh, yeah, he's a regular fixture.

Comes in twice a day;

three times on the weekends.
Always sits at the counter.


Always, which is odd,
because he's a friendly guy.

Always talks to
whoever's sitting beside him.

He come across to you as slow?

He sure ain't in any hurry.

He studies every item
on the menu before ordering.

- Drives me nuts.
- Yeah, why's that?

Because he ends up getting
the special every time.

Oh, excuse me.

Guy on table two's gonna have
a coronary if he doesn't get a coffee.

Isn't it interesting how not one person
that he dealt with on a daily basis

picked up on him having any
developmental disabilities whatsoever?

'Course they all had
limited contact with him.

Home Of Sylvia Walp
530 West 110th Street
Saturday, February 19

No, he was never any trouble.

What was he like as a child?

You know, I had seven.

Jimmy was the sixth.

I remember I could sit
him in front of the TV

and not have to worry
about him for hours.

Well, it's hard to give each kid
the attention they deserve sometimes.

Maybe he didn't get enough,

but when I had him,
I was just so tired.

Jimmy missed a lot
of school. Why was that?

He was usually an angel,
but he did have his bad days.

And when he did,
I had to keep him home.

Did it ever occur to
you to get him tested?

For what?

Learning disorders?

Jimmy isn't retarded.

I'm his mother, I would
know something like that.

When was the last time
you spoke with him?

It's been a while.

I guess it was when he left home.

You mean when he was 18?

Maybe I'm not the best mother,
but you don't know what it's like raising

seven children by myself, mostly.

Did Jimmy ever have
any girlfriends?

No. He never had
much luck in that area.

How about friends?


Defense administered an IQ test,
I happened to get the results.

- Yea or nay?
- Just missed the cut... 68.

Under the circumstances it
wouldn't have been in his best interest

to try his hardest, now would it?

You gotta admit this is odd...

nothing in this box has
his handwriting on it.

Not even a grocery list.

Interesting, but not quite
as interesting as this.

"Insatiable Bondage Sluts."
That's nice.

Charming, but not illegal.

And certainly not admissible in court.

Turn it over.

Wow. Eerily familiar, huh?

Same staging as Mrs. Bernstein
down to the shade of pink.

Except the 50year age gap.

Jimmy didn't stage the victim.

Carlos and Alfonso tied her
up when they robbed her.

That's how Jimmy found her.

- How's it going?
- Great.

- Hey.
- What have we found?

Jimmy Walp's belongings.

What do you make of that?

I'd say he walked into that room,

saw a living tableau
from this tape, got excited.

And committed a felony.

He misreads social cues.
And he mimics to appear normal.

Based on that tape, he may even have thought
he was expected to perform the sex act.

Whose side are you on again?

I think we all want
to see justice done.

Jimmy definitely needs
to be incarcerated,

the question is where.

They still send the
mentally retarded to prison.

At last count there are 250
of them sitting on death row.

The system is slanted against them...

they tend to incriminate themselves,

they're unable to assist
in their own defense.

They're so eager to please,

they even confess
to things they didn't do.

I'm telling you,
Jimmy is mildly retarded.

He did not understand
the consequences of his actions.

Okay, that it?

Finished here?

Jimmy Walp went his entire
life without being diagnosed...

until now...
I find that awfully convenient.

I find it tragic.

Well, we're going ahead with this.

He understands enough to be
held accountable for his actions.

He knows that he
did something wrong.

We are not gonna
lose his statement.

Supreme Court Trial Part 31
Statement Hearing
Monday, February 21

The defendant maintained
a job and an apartment.

Our investigation turned up no prior records
diagnosing him as mentally retarded.

We found no conclusive
evidence indicating he is.

Thank you, Detective.

Detective Stabler...

books seized from my client's
residence were entered into evidence.

You attempted to cite them
as proof of his reading ability.

Are you aware of the lengths
to which the mentally retarded

will go to disguise their inadequacies?

They'll take books to public places
and pretend to read them,

parrot phrases to appear to have
the knowledge they don't possess,

even wear a watch
when they can't tell time.

My client spent his life fooling people into
believing he was of normal intelligence.

Is there a question here?

Your question, Mr. Trask?

Did you ask Jimmy to read anything
out loud while he was in custody?

I found no reason to do that.

But you showed him his Miranda,

and asked him to read it over
before he signed the waiver?

Yes. But I also read it to him.


do you remember talking to
Detective Stabler on March 21st?


Do you remember him
explaining your rights to you?


Can you explain
what your rights are?

Yeah. "You have the
right to remain silent.

Anything you say...

can and will be held
against you in a court of law."

Very good.

Now can you explain what it means?

Those are your rights.

But can you explain them?

I just did.


What is a "court of law"?

Due process?

What is the role of the judge?

No further questions.



Do you know why you're here today?

Yeah, because of Mrs. Bernstein.

Your Honor, we're not
here about that issue...

this hearing is
on the statement only.

Yes... counselor,
please confine your questions.


your attorney put a lot
of people on the stand today.

I know.

They presented evaluations,

professional opinions,
and test results,

all saying that you are
mentally retarded.

Everyone I put on the
stand says that you're not.

But nobody asked you.

Are you mentally retarded?

- No.
- Your Honor...

I'd like it noted for the record...

it is very common for the mentally
retarded to deny their retardation.

- So noted.
- Hey, I am not retarded.

Is there any way
you can prove that?

Yeah. I can tell you
what I did to Mrs. Bernstein.

- Objection!
- She was on the bed.

She was not dressed.

She had her hands tied
up here above her head.

Jimmy, don't say anything else.

And she was moaning...

and it was so,

so exciting.

Your Honor?

I'd like to hear what he has to say...

so this will be off the record.

Go ahead.

I knew what she wanted.

I had seen it on the videos,
but I had never done it before.

I got on top of her and

it felt really good.

And then I tried to kiss
her and I could see...

that you know,
something was wrong.

And I thought that maybe
I did something wrong, so

I tried to do...

The CPR that I seen on the TV,

but, you know, I guess that
I was doing that wrong, too.

And so

I got scared...

and I didn't...

I didn't know how to explain
to anybody what happened, so

I went to the bathroom...

and I was hiding in the
bathroom when Stan came in...


told me that
the old lady was dead.


We should get together on
a recommendation to the court

when you have time.

Time? Time is something
I'm fresh out of, Doc.

Write up your report
and just put my name on it.

What's the difference?

What's eating you?

I'll tell you what's eating me...

the guy on the stand.

Maybe he's retarded, maybe not.

But we're talking about
two IQ points, for God's sake.

He was devastated by what he did.
You saw that yourself.

No, no, I saw remorse.

Which tells me he knew
exactly what he was doing.

When I get insomnia,

I lie there thinking about all those
sociopathic killers I helped send to Attica...

I sleep like a baby.

But this guy...

he's just a retarded guy
that made a bad mistake.

Okay, fine. It's the system.

So let's just put him
in some quiet place

where he can read "Winnie the Pooh"
and get hot chocolate,

while Mrs. Bernstein... you remember...
Mrs. Bernstein gets a headstone.


Okay, Jimmy,

first I'll do the paperwork in Admitting,

get you assigned a room, then
Dr. Krasnow will see you for the intake...

- Doctor who?
- Krasnow.

He's a very nice man,
I've known him for years.

Are you gonna stay with me?

For a while, okay?

No! No! Get back!

Get back! No!

Get back! Back.


No... no...

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