Law & Order: Special Victims Unit (1999–…): Season 6, Episode 6 - Conscience - full transcript

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.

Theo. Theo!

Stop playing with the birthday
presents. Henry, hold still.

- Mom, that hurts.
- Theo.

Theo, it is not your birthday.
You're gonna break that.

Yeah, yeah, yeah.



Got more on your face than
in your tummy.

- I want another piece of cake.
- Oh yeah? We'll see, Puppy.

Theo?

Theo?

Theo.

- Theodore.
- I'm right here. Stop yelling.

I have told you a million times
not to disappear like that.

You said don't play with
the birthday presents. I'm not.

Sure.

Henry?

- Where'd he go?
- I don't know

Henry?

Henry!

Henry.



1-8 is sending manpower to canvass.

There's four birthday parties going on.

Couple hundred kids and parents.

Nobody saw Henry Morton
wander off.

Well, whoever took him knew
how to be invisible.

Parents rent the party section.
There is public access.

But the employees have
all been accounted for.

Picture from mom's wallet.

Now, we're covered from 23rd
Street down to Tenth,

- Second Avenue to Broadway.
- Print up fliers.

Mom remember anything else?

No, she's too upset. EMS took
her to St. Vincent's.

Her husband's with her now.

Send Munch to get a statement
soon as she calms down.

Sighting. Lower Broadway.

Benson. SVU. Description?

No, he has brown hair. Thanks.

Kid left alone.
Blonde hair and khakis.

Security tape's up. I got Henry.

Okay, here's Henry with Mom.
She's coming toward us.

She's looking for the older kid.

Henry's right there with
the yellow balloon.

Henry comes down the aisle.
He's still got the balloon.

Rounds the corner.
Keeps going, going...

- Gone.
- There's the balloon on the floor.

Kid was out of camera range
five seconds.

Hey, what about the cameras
at the front door?

Nothing. Must've went out the back.

So we got ourselves one smart perv.

So smart that he's got his eye
on the kid and the cameras.

Go away, Wolinsky!

That's no way to treat
a concerned citizen.

You gotta stop listening to that
police scanner and get a life.

Just trying to pick up the slack
for you guys. / It's Sunday.

Take the day off.
Go to church.

Malcom Wolinsky.

Association for the
Protection of Children.

I know who you are.
Get lost.

Me and my group, we have a legal
right to investigate and make arrests.

Last time you almost cost us
the conviction.

Your daughter was molested,
you'd want our help.

Officers, escort these gentlemen
behind the barricade.

They cause any trouble, collar 'em.

- Arrest us? For what?
- Obstruction.

He was dragging the boy down
the street. He had wavy red hair.

- The man or the boy?
- The father. The boy had brown hair.

I thought he was throwing
a temper tantrum.

Ms. Lewis saw the guy force the kid
into a red jacket and a blue baseball cap.

I'll get out a description
of the new clothes.

Hey, did you see where they went?

The subway. The kid was
screaming his lungs out.

Sure I remember him.
I was just clocking in.

Kid was fighting and kicking.

His dad was trying to buy
a metro card out of that machine.

- Did he use paper or plastic?
- Machine's busted.

- Only takes plastic.
- Got him.

What time'd you start work
this morning? / 1:00.

It's Stabler. I need Transit Bureau
to run a guy's credit card and address.

Apartment Of
Jeffrey Jackson
258 West 27th Street
Sunday, October 3

I want my mom!
You're not my mom!

- Shut up! You do what I tell you!
- Hit it.

- Jeffrey Jackson!
- What the hell's going on?

Jeffrey Jackson, get away from
the boy, stand over here.

All right, step over here, sweetheart.

It's okay, Henry. It's okay.

Henry?
Who's Henry?

Elliot.

- It's not him.
- He's my stepson.

I want all your badge numbers.
I'm gonna sue your asses off.

Law & Order SVU
6x06 Conscience

ORIGINAL AIR DATE ON NBC: 2004/11/09

Henry Morton has been
missing for three hours,

and we've been chasing
the wrong kid.

What else we got?

Mom wasn't much help.

Husband took her up to
Riverdale an hour ago.

Liv and I'll go out there.

John, Fin, you coordinate the search.

Okay, get us something
with the kid's scent on it.

I'll turn it into canine
as soon as we get the sample.

We've gotta get a new picture of Henry.

The photo we've got is a year old.

Morton Residence
Riverdale, New York
Sunday, October 3

Is that Henry's most recent picture?

This was taken six weeks ago.
It looks more like him.

Update the flyers.

You find something for the
bloodhounds? / Yes.

Henry's socks in the dirty laundry.

- This gonna be enough?
- Yeah, that should be fine.

Listen, we'd like to ask your wife
a few more questions.

I gave her a sedative
so she could sleep.

I'm a psychiatrist.

- Any patients with a grudge?
- No one's made any threats.

How 'bout violence against children?

No, just your garden
variety neurotics.

Detectives? We've been
canvassing the neighbors.

Kid next door saw a guy
hanging around this morning.

I was in our driveway,
fixing my skateboard.

Henry was playing in his yard.

The man was in a car
parked over there.

Did you happen to notice
what he was wearing?

A baseball cap and sunglasses.

He was watching Henry.

Was the man black,
white, young, old?

White. / Can you describe the car?

It looked like the Toyota
my mom used to drive.

- What color?
- Uh, black.

Did you get a look at the license
plate number or the state?

I didn't look.
I'm sorry, Dr. Morton.

I wish I told my mom this morning.

It's okay, Jake.
You're helping us now. Thanks.

Jake, listen...

I know the research on pedophiles.

What's the chance my son is still alive?

You can't lose hope now.

We're gonna get Jake's description
of the man out on the air,

we'll run the car, and we'll
get these to the canine unit.

Where are these bloodhounds?

Coming in from Coney Island.

Another lost kid. ETA's an hour.

We're gonna lose the light
and the scent trail.

Search team just found
this in the gutter,

six blocks from the party place.

Same size and brand that
Henry was wearing.

We need those dogs.

Well, I'm not gonna stand around here

waiting with my thumb up my ass.

Maybe the sex offender
unit got a hit on the car, huh?

Your witness said an old black Toyota.

Best I've got's a '95 Honda,
dark blue. / I'll take it.

I went back ten years.

We could go further,
but this is a good hit.

Billy Turner?

Cases preschool playgrounds,
picks a kid,

waits for the parents to show up,
follows them home.

Now, our missing kid goes to
a preschool on the east side.

Parole photo.

Last time Billy took a collar,
he drove all the way up to Hastings,

grabbed a kid, and fondled
him in his car.

- Got out two months ago.
- These pervs just never stop.

Now, it says he has
an apartment on Avenue B.

Car's not registered in his name?

It belongs to mom.

You worked Billy's case. Any idea
where he might've taken the kid?

He works nights at a plating shop.

Closed on Sunday.
Could be there.

Have the sector car check out
that shop.

Me and my partner are gonna
hit his apartment. Thank you.

Apartment Of Billy Turner
52 Avenue B
Sunday, October 3

I'll beat it out of you,
you son of a bitch!

Please, don't hurt me!

- Tell me where he is!
- I don't know!

- Where is he?
- I don't know!

- I'm gonna hurt you, son of a bitch.
- Wolinsky!

- Step away from him. Now.
- What the hell are you doing here?

Looking for the kid.

Where's Henry? / I don't know.
I told this crazy bastard.

Where did you stash him?

It wasn't me, I swear.
I'm cured.

Officers, take him, put him in the car.

Wait outside for CSU.

How'd you find out about Billy?

I heard you were looking for
him on police radio...

You're done with this,
do you understand me?

You are done with this.

Yeah, after I file a complaint
for police brutality.

You're lucky I don't charge
you with assault.

- I didn't touch the baby raper.
- You trashed this apartment.

If Henry Morton was here,

that means that
you destroyed a crime scene.

You interfere again,
you're doing time.

You take that perv
scum's side over me.

I don't take anybody's side.
Get outta here.

I never heard of this kid.

I wasn't there.

I don't have those urges anymore.

We know. You're cured.

I told ya. I was at the laundromat.

All morning?
You musta had a lot of clothes.

His name is Henry.
He's five years old,

same age as that boy you played
doctor with up in Hastings.

What's a matter, Billy?
Don't you wanna look?

I know you like to look.

- My shrink says I can't.
- Yeah, but you want to.

There ain't no doctor ever gonna
put out that sick fire, huh?

- Where's your car, Billy?
- I don't have one.

Oh, that's right,
it's your mama's Honda.

Does she know what you do in that car?

Does she know that you
take little boys for rides?

I don't do that anymore.

- Really? 'Cause I called your mama.
- No.

And she says that
you borrowed the car

and you didn't bring it back.

It was stolen.

Or you dumped it because
it was soaked with Henry's blood.

Your mom is gonna
be very disappointed

when she finds out that you're
back to your old tricks again.

- You leave my mom out of this!
- We will.

As soon as you tell us
where Henry is.

I don't know him.

Witness saw you in your car outside
that little boy's house this morning.

You don't know him?

Billy, it's gonna be better for everybody
if you just tell us the truth now.

Fin just called.
Canine has a scent.

Those bloodhounds are
gonna find that boy, Billy.

You son of a bitch,
we better find him alive.

She picked up Henry's scent
at the party place,

and been taking us North ever since.

The pooch is cool.
Gave her a sock, went right to work.

You want inside, Bridey-girl?

I don't want her off the leash.

Pull her back a little.

Yeah girl.
We're gonna let you in.

Call an ambulance.

- Not yet, Elliot.
- Call an ambulance.

This is it.

Henry.

Dr. Warner will ask you
to make a positive ID.

- Will we recognize him?
- Yes.

I can't do this.

It's okay, honey.
I'll do it.

- Are you ready?
- Yes.

That's my son.

Was, uh... Was he molested?

No.

- Cause of death?
- Suffocation.

I found small pebbles
lodged in his trachea.

To silence him.

What else?

Brown animal hairs.
Do you have a cat, Dr. Morton?

No.

Henry's allergic.

I sent the pebbles and hairs to the lab.

CSU is checking the apartment
for matches. / Apartment?

Whose apartment?
You have a suspect.

Dr. Morton, as soon as
we make an arrest,

I promise you,
you'll be the first to know.

- I can handle it.
- But your wife can't.

I think she needs you. Come on.

I'm holding you to that promise.

You call me the second you get
the bastard who murdered my son.

I'm sorry. I blew it.

I said too much.

Can't blame you.

I've never seen a dad that composed.

That guy is a time bomb.

He keeps holding it in,
he's gonna explode.

- Let's go.
- Where?

- Back to Billy's apartment.
- Crime Scene's got it covered.

Let's make sure.

Cat hair.
You can tell by the barb. Brown.

Where's the cat?

No sign of it.
No litter box, no cat food.

Billy gets worried about transfer
evidence and he dumps the cat, too?

You check the incinerator?

- And the dumpster and the alley.
- What about the rocks?

Uh, combed the rugs,
checked the soles of all his shoes.

- You vacuum it?
- Benson.

No, we tweezed looking for
all your damn cat hairs.

If the pebbles were here,
we would've found them.

That was Munch.

Billy's car was found
stripped and torched.

Let's bring Jake O'Hara in for a line up.

Just take your time, Jake.
There's no hurry.

I-I think, uh...

- I think number three.
- Jake, are your sure?

Or maybe two.

Okay, well,
just take a look at all of 'em.

Take a good look and just focus.

They all kinda look the same.
But, uh...

Three's the closest.

That's great, Jake. Thanks.

I'll take you back to your mom.
Come on.

- Not bad.
- It's not good.

You know as well as I do, any lawyer
can shred that idea on the stand.

Cat hairs are gonna match.

But it's still not enough
for an indictment.

Break him. Or we gotta cut him loose.

- Our witness picked you out, Billy.
- Your witness is wrong!

Cat hairs on the boy.
Cat hairs in your apartment.

I don't have a cat.
The landlady's cat wanders in...

I don't wanna hear about your
landlady anymore! It's over!

Now, you stalked that little boy.

You snatched him
and you got into his pants,

and then you wanted to
keep him quiet,

so you shoved rocks down
his throat until he choked to death.

I never killed anyone.

Only touched.

Maybe I did something
I shouldn't have.

Like what, Billy?

Like what? / If I violate my parole,
they'll send me back inside.

I don't want to go back.
That's why I didn't tell you.

I can talk to your parole
officer and make sure that

They'll send me back.

I'll get raped every single day.

I'm gonna make sure that
doesn't happen to you,

but you have got to tell me
where you were.

I'm not allowed to be alone with kids.

- But she asked me.
- Who asked you?

She needed me to
baby-sit her little boy.

The lady who lives next door.

Billy's neighbor didn't ask him.
He volunteered.

How old is the kid?

Five, he said Billy never touched him.

- But what about the mother?
- She confirmed Billy's story.

Left at 8:30, got back to the
apartment at half past 11:00.

Could Billy have left the kid alone
for an hour and then come back?

No, the boy said Billy was
with him the whole three hours.

Okay, so your witness puts Billy

outside the Morton home
in Riverdale at 8:00 AM.

But Billy's Alibi puts him back
on Avenue B at 8:30.

Tight, but doable.

Well, then he's gotta get back to
Riverdale to follow Henry
into he birthday party.

Henry's mom says hey left the
house no later than quarter to 12:00.

And Billy didn't finish is babysitting
gig in Manhattan til 11:30.

Well, there's no way he got
to Riverdale in 15 minutes,

not even on a Sunday.

- We got the wrong guy.
- Looks that way.

Lab says cat hairs from
Billy's apartment

don't match the ones on Henry Morton.

We gotta let Billy go.
We keep him here much longer,

we're gonna have one
hell of a lawsuit.

I'll tell the perv he's going home.

What the hell is this?

Give a partner a hand with him?

Wolinsky.

You need a permit for the bullhorn

and to be on the street.
Now move it onto the sidewalk.

This is a peaceful protest.

Do we want a pervert
in this neighborhood?

- We want him out.- Last chance, Wolinsky.

Break it up. Now.

We want the perv gone.
Let's get him now!

All right, you're under
arrest for inciting a riot.

Surround him with your guys
and get him into the building.

Wait until parole gets here.

- Benson.
- Bring this guy to our squad.

Thanks for making me a hero.

Yeah, we're on our way.
Elliot, we gotta go.

Crime Lab
One Police Plaza
Monday, October 4

Forensic geologist ID'd the pebbles
in Henry's trachea.

Colorado quartz.
Not indigenous to this area.

So they could be from the alley
where the body was found.

I checked. Didn't find any.

So you're saying the perp
brought 'em in from out of state?

What I'm saying is the perp
isn't who you think it is.

We dusted the pebbles.

Stone's porous.
Got perfect prints.

- And they're not Billy Turner's?
- Or any other adults.

The fingers are too small.
Has to be a child's.

- So Henry's.
- Nope. Don't match.

You have those pebbles?

Look familiar?

Just like the ones from that
neighbor boy's front yard.

Jake O'Hara.

No wonder the kid was
such a good witness.

We're going to charge a thirteen
year-old with Henry's Murder?

We better have a smoking gun.

We do, the stones in Henry's throat.

They were from Jake's front yard.
The prints are gonna be his.

I bet if we go back to
the party security tapes,

we're gonna see Jake.

We weren't looking for a kid.

What about that man that Jake saw?

Well, he must 've made that up.

But Jake O'Hara picked
Billy Turner out of a line-up.

How could he have possibly
known Billy was a pedophile?

I don't know.

All right, well, let's not hardball
the kid 'til we get some answers.

We can't afford to make
the same mistake twice.

I thought my son answered
all your questions.

We just have to follow
up on a few things.

Now, Jake, this man that
you picked out of the lineup.

You mean the guy who killed Henry.

Actually, he didn't do it.

Told you I wasn't sure.

It's okay, honey.
You did your best.

I guess it was number two after all.

No, Jake. Number two
was an off-duty cop.

I'm sorry.

They all looked alike with
those sunglasses.

I only saw the picture for a minute.

What picture?

The guy you wanted me to pick out.

You never saw the man.

Well, I did, but...

I told that other detective I wasn't
sure I'd recognize him again.

That's why he showed me the picture.

What other detective?
What was his name?

I don't remember.

Do you remember
what he looked like?

He was kinda bald and...
he had a mustache.

I'll be right back.

So what else did
this detective say to you?

This is absurd. Don't you
people talk to each other?

He just asked me some questions.

Can you remember any of 'em?

Same stuff you guys asked me.

Hey, that's him.

Excuse me.

Detective, can I have a word with you?

What are you doin'?
What are you, crazy?

You sent me on a wild goose chase.
Waste my time?

- I was trying to help you guys.
- You contaminated evidence!

You tell that kid you're a cop
to get him to make a false ID.

- You got the perv, didn't you?
- Wrong perv. I'll tell ya what.

Where you're going,
you'll be meeting plenty of 'em.

What's going on here?

What's going on, Mrs. O'Hara,
is Jake identified a man he never saw.

You made it all up, didn't you, Jake?

I did what the detective told me to do.

I'm sure it was a misunderstanding.

Well, there's a few other things
that we don't understand.

Like why Henry was
covered up in cat hair.

Or how these stones from your yard...

... were found in his throat.

Henry must've picked 'em up.

Sweetheart,
what are they talking about?

- I don't know, Mom. I swear.
- Sure you do, Jake.

You knew that Henry's mom was
taking him to the birthday party.

People saw you there.

They also saw you on the subway.

And you wanna know what else?

The fingerprints on these
little stones...

... are gonna match the ones
on your soda can.

I... I was scared.

Henry saw me chasing Mrs. Brody's
cat and I fell on it and it died.

And Henry said I killed the cat.

And he was gonna tell on me.

I didn't wanna go back
to that camp, but...

I knew you'd send me
if you thought I killed the cat.

Honey, I never would have
done that. / You would!

I knew you would.

That's why I had to stop him.

I just wanted to talk to him,
but he kept saying he'd tell. And...

I didn't mean to do it.
I was just so scared.

This is my fault because I sent
Jake to that camp a month ago.

What camp?

It's a tough love place.
They were supposed to help him.

Look at what they did to me.

They burned me.
They cut me.

They stuck things in me.

I'd rather be dead than go back there.

The other children tortured him.

If my son has done anything wrong,

it is because of what
they put him through.

Mrs. O'Hara, we still have to place
Jake under arrest.

I'm calling a lawyer.

Jake killed Henry?

He loves our boys. He...

He taught 'em how to throw
a Frisbee. He...

He helped them build a fort in the backyard.

He confessed, Dr. Morton.

I-I can't believe this.

Did you know that his mother
sent him to a boot camp?

Yes. Yes...

Since Jake's father died,
he's been acting out.

Leslie was overwhelmed.
I recommended a place up in Rhinebeck.

Why, what.. / It looks like he
was brutalized up there.

Leslie never said anything to me.
What did they do to him?

Jake said he was sodomized.

And he showed us some scars
where the other kids had burned him.

I need to see Jake.

Please.

Arraignment Part 22
Tuesday, October 5

I'll hear the people on bail.

The people request 500,000,
your honor.

He's a child.

I'd argue for house arrest
with an ankle bracelet.

And I'd be comfortable
with a little more security.

The bail is set at 200,000.
Cash or bonds.

- Let's take ten, everybody.
- Casey.

This is Brett Morton, Henry's father.

I'm very sorry.

Can I speak with Jake?

Uh, Cleo.
Can we have a minute, please?

Dr. Morton. I'm so sorry.

- Henry was my friend.
- I know, Jake.

Why'd you do it?

I don't know.

Something's wrong with me.

Jake,

what did Henry say before he died?

He said he wanted his mommy.

What's gonna happen to him?

Without a plea bargain,
he'll stand trial and go to prison.

He's a juvenile.
He'll be out at 18.

Dr. Morton, we're trying
Jake as an adult.

No.

I lost a child.
And I know one thing,

it's wrong to lose another child
to a life in prison.

As a parent, I can't imagine
what you're going through.

Well, putting Jake in jail isn't justice.

And sending him to that camp doesn't
make you responsible for what he did.

Jake's had a hard life.

What he did isn't entirely his fault.

And that evidence
will be introduced at trial.

I'm sure you have the best intentions.

But you're wrong.

Maybe I am wrong.

Brett Morton is caught between
his anger and his guilt.

What, just because
he recommended that camp?

He feels responsible.
He feels that

if Jake hadn't been abused there,
Jake wouldn't have killed Henry.

- What do you think?
- Jake suffered there, you know?

He was burned.

- He was possibly raped.
- Well, lots of kids are traumatized.

They don't go out and kill other kids.

I mean, every time they
shoot up a school,

we say it was because
they were bullied.

Sometimes they were.

And the question is whether that's
the reason why Jake killed Henry.

All right, what do you know
about this camp?

Rhinebeck Survival.

No incidents of hazing or
torture that I've heard of.

None that you've heard of?

The director is a psychiatrist
named Burt Gleason.

I'm sure he'll talk to us.

Rhinebeck Survival Camp
Rhinebeck, New York
Tuesday, October 5

We should never have admitted
Jake in the first place.

He's a very disturbed child.

Isn't that what this camp
is for, Dr. Gleason?

Children with behavioral problems, yes.

Not kids with serious pathology.

Which the abuse here made worse.

You mean the accusations Jake
made against his bunkmates.

Well, Jake said those kids were
the ones with serious pathology.

Judge for yourself.
I'll arrange for you to talk to them.

He's sick, man.

- He's crazy.
- Jake said you helped torture him.

We did it to him?

Second day he's here,
we're down at the lake.

He sneaks up, whacks me
on the head with a boat paddle.

I almost drowned.

Maybe he was just goofin' around.

You don't get it.
He held my head under water.

He wanted me to die.

When he finally let go, he said,
"Don't tell anybody or else."

- Or else what?
- Or else he'd kill me.

Are you sure he was serious?

Jake wasn't kidding.
That psycho would do it.

- I told Dr. Gleason.
- What happened?

Dr. Gleason wouldn't believe me.

Next night I find a dead
gopher in my bed.

Only guy around here sick enough
to break a gopher's neck is...

Jake. He's the only one.

You look like you could
take care of yourself.

Couldn't. 'Til I started working out.

Did it 'cause I was afraid of him.

- Why?
- 'Cause he's nuts, man.

He would always say,
"Oh, let's see who's tougher."

He'd take off his shirt,

put his arm next to mine,
and put a lit cigarette in between.

- Jake says you burned him.
- Man, I ain't no psycho.

Jake would just stand there,

hold a match in his fingers
'til his skin went on fire.

You could smell it.
And he just laughed.

That dude is crazy.

Jake O'Hara burned himself?

The camp's director tried to explain
to Jake's mother that he
should be institutionalized.

She didn't believe him.
She threatened a lawsuit.

And then she took Jake home.

He was thrown out of two private
schools in Brooklyn for
violent behavior and arson.

His mom had to move him to Riverdale.

The kid's a sociopath.

He's only 13.

Well, he has all the classic
symptoms. He's glib. He lies.

He had no remorse, no empathy.
He's narcissistic.

And he's extremely manipulative.
He fooled both of us.

Even Brett Morton and
he's also a psychiatrist.

He lives right next door.

He never saw how devious
Jake really is.

If the boy is mentally ill,
we'll send him to a hospital.

Sociopathy is a personality disorder.

A lot of shrinks believe there's no cure.

What do you believe?

You can't grow a conscience.

Jake knew what he was doing
was wrong and didn't care.

It's the right decision to
try him as an adult.

- It's too late.
- Why?

Dr. Morton came to
see me this morning.

He begged me to send
Jake to Family Court.

So I moved it.

Case is being heard right now.

Family Court
Part 51
Wednesday, October 6

The minor will be released into
the custody of his mother.

Fact-finding will begin tomorrow
at 11:00.

Initial reports in my chamber today.

I'm very sorry to interrupt, Your Honor,
but we've made a mistake.

That's refreshing.

I don't often hear that in my courtroom.

The District Attorney's office has
reconsidered our decision

to try Jake O'Hara in Family Court.

We request that the case be moved
to Supreme Court for trial as an adult.

Hearings have begun.
Jeopardy is attached.

If I dismiss now, the case is over.

These are highly unusual circumstances.

Jake O'Hara lied about his abuse.

All of his injuries are self-inflicted.

- What are you saying?
- Dr. Morton.

We interviewed witnesses at the camp.

They all told us Jake burned himself.

This case must be moved,
your honor. / I believed you.

I fought for you.

Dr. Morton, sit down.

You lying little bastard.

The court officer will remove
Dr. Morton from this courtroom.

You should rot in hell!

- Let's go before she locks you up.
- You bet I will.

- Get him out of here.
- Monster!

You murdered my son!

I don't believe this is happening.

I can't breathe. / Let's go outside
and get some air. Relax.

Do you understand?
Jake will get out when he's 18.

He's a sociopath.
He will kill again.

And again and again.

I'm sorry for what happened, sir.

I really am.

You're not sorry.

You don't know what sorry means.
You have no feelings!

Leave my son alone.

Oh, my God!

Oh, God! Oh no! Oh no!

I knew the guy was wound too tight.

Shoulda seen it coming.

You didn't know Morton would shoot him.

- We all thought Jake was a victim.
- The kid snowed everyone.

Elliot.

Jake's dead.

He never made it out of surgery.

Olivia.

Don't.

How could you let this happen?

You got some nerve, lady.

That kid was killed because
you sent him to Family Court.

I didn't stand there and watch
Brett Morton grab a gun.

You sure as hell put it in his hand.

What, you didn't wanna say
no to a grieving father?

You afraid the press would
call you a cold-hearted bitch.

If you two wanna blame
each other, go ahead.

But I have a job to do.

Now, what's our decision
on Dr. Morton?

Charge him. Murder 2.

His son was killed by
a psychopath who was gonna walk.

And that gives him
the right to kill a kid?

I want him arraigned
by tomorrow morning.

And you're just gonna
cover her ass, huh?

- Just sweep it all under the carpet.
- My job is not to protect my boss.

Then do the right thing.
You saw Morton.

The guy was out of his mind.

It's not Murder 2, it's Manslaughter.

How's Jake?

He died in surgery.

- What have I done?
- You were out of control, Brett.

You didn't know what you were doing.

If this isn't "extreme emotional
disturbance", I don't know what it is.

So you're going for
an affirmative defense.

What do you want?

Man 2. Minimum time.

I have a better idea. Why don't
we just throw him a parade?

I don't like your tone.

I don't like 13 year-olds being
shot to death in the courthouse.

You think I meant to do it?

You grabbed a court officer's gun
and pulled the trigger.

I don't remember any of it.
I just snapped.

Well, that's convenient.

No, that's
"extreme emotional disturbance".

Well, you'll have to forgive me if
I don't take your client's word for it.

Fine. Have your psychiatrist
examine him.

Rikers Island
Interrogation Room
Thursday, October 7

Do you recall your state of mind
after you shouted at Jake?

I walked out of the courtroom...

Nothing seemed real.

Detective Stabler was talking.

I couldn't understand
what he was saying.

And what's the next thing that
you remember happening?

Jake. Lying on the floor.

Blood everywhere.

The smell from the gun.

My heart... beating so fast
I thought it would explode.

I... I know I shot Jake.

Because the gun was in my hand.

I just don't know how it got there.

Dr. Morton, when you heard that Jake
had lied about being abused,

what went through your mind?

I had to get out of there.

I had to go outside and get some air.
I couldn't breathe.

And that's when you saw Jake.

- I wasn't thinking about killing him.
- What were you thinking about?

My son's face.

The last time in the morgue

His last words. I can hear him
crying for his mother.

Well, does Brett Morton
have a valid defense?

Well, it's a textbook presentation of
"extreme emotional disturbance."

Memory loss, vivid sensory recall.

He's got all
the psychological symptoms.

- I hear a "but" coming.
- It's almost too perfect.

Morton's a psychiatrist.
He knows exactly what to say.

Yeah, but just 'cause someone could
be faking doesn't mean that he is.

So should I plead him out?

I can't tell you what to do.

What Morton went through
was unimaginable.

That kind of tragedy...

I sympathize with him.

But you still have doubts.

It's a tough call, Casey.

Trial Part 44
Tuesday, November 2

I was out of my mind with grief.

I never would have shot Jake O'Hara
if I'd been thinking straight.

Now, let's be clear about this.

You testified you had no specific
knowledge of the incident itself.

But you do admit you killed him.

I don't remember doing it.
But I know I did.

I can't excuse it.
I can't explain it away.

And I'll live with the pain of
that knowledge the rest of my life.

Thank you. No further questions.

Ms. Novak, we're waiting.

You don't remember
grabbing the gun?

You don't remember shooting
Jake O'Hara.

But do you remember telling
Detective Stabler

that Jake was a sociopath?

No, I don't.

Or saying that Jake would kill again
when he got out of jail?

I was overwhelmed.
I don't know... what I said.

But did you think that
Jake was a sociopath?

Sociopathy can't be
diagnosed in children.

The DSM-4 prohibits it.

Until 18, children can only be
treated for conduct disorder.

But you don't agree.

Well, I adhere to the standards
of my profession.

Your Honor, at this time, I'd like
to introduce into evidence

an article from the December 1992
issue of Adolescent Behavior.

- Counselor?
- No objection.

Dr. Morton. Would you please read
the first highlighted passage?

If we fail to incarcerate these killer kids

for the rest of their natural lives,
they will surely kill again.

And now the second one.

The American Psychiatric Association

does not let us label these children
as sociopaths.

But that does not change who
and what they are.

They are born that way,

and we must take whatever measures
are necessary to protect society...

... from these amoral predators.

Who wrote that, Doctor?

I did.

But that was nearly 15 years ago

My views have changed.

Have they?

Because what you told
Detective Stabler

right before you shot Jake O'Hara...

... sounds like the passage
you just read.

All I meant was we should find a way
to protect people from
sociopathic children.

And you found one, didn't you?

- Objection.
- Sustain.

I didn't say we should kill them.

But if children like
Jake can't be treated,

- what's the alternative?
- Incarcerate them.

For the rest of their lives.
That's what I believe.

But on that day in court,
I wasn't thinking like a psychiatrist.

I was a grieving father.

You really went after Morton in there.

He killed a kid.
He knew what he was doing.

You're so sure about that because of
something he wrote 15 years ago?

Elliot, he's screwing with us.

This grief-crazed father crap...
It's all an act.

I spend my life locking up skells
for murdering children.

System says they go away to prison.

Fine.

But if it were my son lying on that slab,

I don't know what my rage
would make me do.

Detective Stabler?

- Yeah?
- You're served.

Subpoena.

Zierko's calling me to testify
for the defense.

Detective Stabler, can you describe
Dr. Morton's emotional state

when he identified his son's body.

Calm.

Detached.

In your experience, is this unusual?

Unusual, yeah.

Were you concerned?

Well, I thought that if you
hold your grief in like that,

at some point, you're gonna blow.

And that's exactly what happened.

Nothing further.

Detective Stabler, you just testified

that Dr. Morton was in control of his
emotions throughout the investigation.

So would it be fair to say that
he acted more like a calm,

detached doctor than a grieving father?

Up until that day at Family Court, yes.

And in that hallway, right
before he shot Jake O'Hara,

what did the defendant say to you?

He said Jake was a sociopath
and that he would kill again.

Does that sound like a father talking?

Or a psychiatrist?

Psychiatrist.

And one who's written that
sociopathic children cannot be cured.

So. I ask you,

based on your 12 years
experience as a detective,

would you say the killing
of Jake O'Hara

was the act of a grief-crazed father,

or a calculated, deliberate execution?

I don't know.

So put yourself in Brett Morton's place.

Imagine what it was like in that hallway.

The person who murdered
your son standing in front of you.

A disturbed young man
who killed your child

without mercy, without remorse.

He'll be getting out of jail at 18.

A birthday your child will
never celebrate.

Could you lose control?

We all could.

We could lose sight of
our beliefs and values.

Lose control for one moment,

and act blindly out of raw grief
and despair.

That's what Dr. Morton did.

And the law says, that's not murder.

None of us can imagine enduring
Brett Morton's grief.

But grief is not what
drove him to murder.

He acted, not out of emotion,

but out of his professional
knowledge and experience.

His act wasn't irrational.

In fact, it was perfectly consistent
with his long-held belief

that sociopathic children
cannot be cured.

Jake O'Hara pretended remorse
for the murder of Henry Morton.

And when the defendant learned that

Jake was a deviousand
manipulative child,

he also began to pretend.

He pretended he lost control.

He didn't. Not for a single second.

He waited for the perfect opportunity.

Grabbed the court officer's gun,
and then shot a child

That is not
"extreme emotional disturbance."

It's murder, and you must
hold him responsible.

Has the jury reached a verdict?

We have, Your Honor.

On the charge of Murder
in the Second degree,

how does the jury find?

We find the defendant not guilty.

The court thanks the jury
for their service.

Ladies and gentlemen,
you are dismissed.

This court is now adjourned.

And I think the jury understood.
I'll always regret what I did.

I didn't think they'd acquit him.

Well, this trial wasn't
about Brett Morton

or "extreme emotional disturbance"
or even your testimony.

Jurors didn't want
Jake O'Hara running loose

and Brett solved that problem.

We can't treat these kids,
so we kill 'em?

I don't have the answers.
I don't think anyone does.

- Maybe that's why they acquitted.
- Ms. Novak.

Ms. Novak.

- You seem pretty satisfied.
- I am.

Well, you got away with it.

- Oh, I suppose I did.
- Tell me one thing.

When did you decide to kill Jake?

In the courtroom.

Once I knew what he was.

You were right.

I looked around, saw the officer,

realized I could take the gun.

I just waited for the right moment.

You manipulated us just like Jake did.

There's one big difference.

Jake would've killed again.

I won't.