"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." "Hello?" "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?" "Law  Order SVU 1x16 The Third Guy" "ORIGINAL AIR DATE ON NBC: 2000/02/25" "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..." ""Sold."" "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." "Names?" "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." "Of...?" "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." "Jimmy," " 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?" "Senorita!" "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." "What?" "!" "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." "Well, 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"?" "Nothing." "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." "Like...?" "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?" "Nada." "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." "Okay." "The deal is contingent upon your information leading to an arrest." "And he allocutes." "What?" "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." "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." "Cellmates...?" "Great captive audiences." "Who'd he bunk with?" " Jonathan Schmidt." " In or out?" "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...?" "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." "Really?" "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 I...?" "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?" "No." " 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." "Messy?" " Yeah." "That it?" " Yeah." "Yeah, I was gonna help." "Help what?" "Help her clean up?" "Yeah." "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?" "Nope." "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... nbsp;" "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." "Alone?" "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?" "Well..." "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." "Jimmy... do you remember talking to Detective Stabler on March 21st?" "Yep." "Do you remember him explaining your rights to you?" "Yep." "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." "Okay." "What is a "court of law"?" "Due process?" "What is the role of the judge?" "No further questions." "Jimmy?" "Yep?" "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." "Jimmy... 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... and... told me that the old lady was dead." "Captain?" "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." "Whatever." "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." "Hi." "No... no..."