There was a 911 call about a dead kid in the construction area. Me and my partner took a job. That's where we found him. >> He was dead when you got here. >> I reached in and fell for a pulse. >> Thanks, Stevens. >> Son of a [ __ ] >> Kids seven or eight. >> Neatly dressed. >> So, somebody pulled his pants. >> Yeah, I'll check for signs of sexual abuse. >> Maybe all this creep needed was a little peak. >> All right, let's pull him out. >> My guess is the per nailed him out here and then hit his body in the pipe. Looks like blood on his scalp. >> There's something in his mouth. Let me >> take a look. >> It's a AAA battery. >> Crazy son of a [ __ ] >> You understand? You can get a lawyer if you want. >> I don't think we need a lawyer. >> Now, yesterday morning, Jenny, you went out to play with your friend Tara. First, Tara came over and we watched some cartoons. Then mom said we can go to the playground. >> You were supposed to be with Gabby. >> You know a boy named Jake Hansen? >> Yeah. >> Did you go to his apartment? >> I went with Terra. I just wanted to see if he can come play with us. >> You told me you were going straight to the playground. >> No, I didn't. This isn't fair. Why is everyone asking me questions? >> This Jay Hansen, he lives in the same building as the boy that was murdered. That's right. >> You know something? My husband had a lawyer. Maybe I should talk to him. >> He had a lawyer. >> Vince is in jail >> for what? >> Stealing cars? I want to make a phone call. >> After examining Miss Brandt, what's your diagnosis? The child is a sociopath. >> In layman's terms, >> enormous anger which she directs at other children. She's desensitized to violence, lacks empathy with her victims. Basically, she exists in an emotional vacuum. >> Is this condition likely to change? >> Sure, it'll get worse. She's already demonstrated a pattern of escalating violent behavior. There's no reason to think it'll end. >> In your opinion, did Jenny comprehend that she was killing this boy? She's had fantasies about it for at least a year, and she was perfectly clear to me about killing her neighbor's cat. I don't see why it would be any mystery to her. >> Jenny's never been in therapy, right, Dr. Scott? >> It wouldn't help. >> How can you possibly know that? >> She shows all the signs of a recidivist violent predator, torturing small mammals. >> Are you trotting out the McDonald's triad? These so-called predictors have been discredited in over 20 studies. >> Okay, forget about predictors. She's already killed someone. >> And you know she'll do it again. >> I know. I don't want to take that risk. If she were my patient, she'd be institutionalized. >> So, you'd give up on her without even trying to treat her. >> I have no problem trying to treat her behind bars. >> A little dispassionate, don't you think, doctor? >> I'll save my compassion for the next kid she kills. Jenny was in a car accident when she was four. I ordered some CT scans on her brain. There's frontal lobe damage. Studies link this with poor impulse control. >> So, in your opinion, is the cause of Jenny's violent behavior organic? >> In part, I'm not saying her family problems aren't a factor, but abuse alone doesn't necessarily cause violence. >> Is she responsible for her actions? My examination points to identifiable biological and psychiatric factors which diminish her culpability. Jenny doesn't process right and wrong the way you and I do. >> And her fantasies of harming a child. >> Everybody has inappropriate fantasies. Given time, Jenny's fantasies can be refocused. >> So, her condition is reversible. >> It's worth a shot. There is no reason to give up on this child. Dr. Alvette, is there any medication for the kind of frontal lobe damage you described? >> Not yet. >> Any drugs in FDA trials? >> No. And I know all about Dr. Scott and his pension for easy chemical fixes, but there are other therapies. Talk therapy, behavior modification. >> Do they work? >> Sometimes they do, sometimes they don't. And if they don't, Jenny Brandt will kill again. >> Nobody knows that. Not even Dr. Scod. >> But there are no guarantees, are there? >> I'll give you one guarantee, Mr. McCoy. You lock this child away in an asylum for the criminally insane, and you're wasting whatever chance you have of fixing her. >> My client is 10 years old. She has teddy bears on her bedspread and a big bird piggy bank filled with pennies. and she killed a child. It's so inongruous it's almost inconceivable. Dr. Alvet has testified that because of her age and because of the way her brain worked, she simply couldn't appreciate that as she struck Aaron Palansky with a rock, she was killing him. Jenny thought she could revive him with a 1 and 1/2 volt battery. It speaks for itself. Mr. McCoyy's position is to ignore the question of responsibility and brand Jenny Brandt a killer. She'll never change. We have to put her away. People change. If anyone can change, it's a child. And Dr. Alvette has emphasized that this will not happen in a state mental hospital. Mr. McCoyy's solution is a solution of last resort. Please don't give up honor. Judge >> Jenny got dealt a lousy hand. I look at her with pity and regret, but Jenny Brand is trouble. She battered Aaron Palansk's head and stuffed him in a pipe. Miss Shy wants us to believe that she didn't appreciate what she did. I don't agree. Jenny daydreams about killing small boys. She even had a trial run with a cat. But ultimately, what she could or could not appreciate is irrelevant. Jenny is a loaded gun. She's a cocked fist with a rock in it. She needs to be stopped before she kills again. Dr. Alvette talks about sending Jenny to a state institution like it's a death sentence. That turns the world upside down. Aaron Palansky got a death sentence. Jenny would get treatment. Now, everybody knows state psychiatric care could be better. But letting Jenny get away with murder won't help this girl. How will she ever appreciate that her actions have consequences if there are none? And how many children will she kill before the adult criminal justice system can take over? Do we have to wait and see? Miss Shy would like us to cross our fingers and hope. Hope that it won't happen again. I have my own kind of hope. I hope the state doctors can find a way to fix this girl. I hope that it takes six months. But until they do, we can't afford Miss Shy's brand of hope. We need to protect the Aaron Palanskis of this world from Jenny Brandt. Thank you both. What we have before us is an angry little girl who killed because of some deep turmoil no one can adequately explained to me. But I'm convinced based on her age and psychiatric makeup that Jenny did not understand the consequences of her actions. And if I believe she's not responsible for what she's done, I can't deny her the chance to evolve into a healthy young woman. I must hold out hope that she can be treated and rehabilitated, and I don't think that's going to happen in a state hospital. Mr. McCoyy's fears about Jenny's future are wellfounded, but I won't lock a child away because of a fear or a prediction of future behavior. I'm quashing your commitment papers, Mr. McCoy, and releasing Jenny to the custody of her mother. Mrs. Brandt, get help for your daughter. You and I are going to have a standing monthly appointment. I want to know what's happening with this child. We're adjourned. >> Someone should call Aaron Valansky's mother. >> I'll call her from the office. Please report to station >> Rhonda. >> Oh my god. It's >> called code >> code blue er Dr. Orton exam area stat >> code blue er Dr. Orton, exam area stat. >> Let's move it. >> This baby's stone cold. Leave me in this wind tunnel. I freeze to. >> Left in a hurry. >> I got out in a hurry. What are we looking at here? >> Crackhead. I don't know. Your guess is as good as mine. >> Is there a problem? >> Should there be? >> You don't look like you're from Con Ed. Mr. Turner. >> Sergeant Seretta. Detective Logan. >> We're looking for a neighbor of yours, a woman by the name of Ward. >> I'm not your neighborly kind of guy. >> You mind if we come in and just have a little chat? >> They look like real nice people, but uh it's kind of a mess. I'd only invite my friends in. >> Okay. The woman downstairs on the second floor with the baby. Have you seen her? >> A lot of people took the buyout. Landlord's offering four or five grand to leave. It's a real good deal. Well, it's obviously not that good. >> Oh, me? I'm on disability. Bad back. I pay 248.65 a month. Rent controlled. >> Ward. Ward. Ward. There's none here. Which building? >> 736 East 3rd Street, apartment 2B. >> Oh, that building. I was offering buyouts. I figured I'd renovate and get those hip upper westsiders want to live downtown, but the way the economy is. You're looking for tenants with style >> that a lot of cash. >> Adele Loftess 2B. This lease goes back to the 50s. >> We're looking for a young woman named Ward. >> What can I tell you? >> What can you tell me? >> Loftess has a bargain. 230 a month. >> Yeah, that building bargain. Thanks for your time, Miss Carmen. >> Does she look like she'd let her own son die? She left him alone in that apartment. I didn't. >> Or in other words, you just sat there and watched him freeze to death. >> Detective, >> I had to go to work. Mrs. Hillyard in the village. I was serving at one of our parties and Serena Price, the neighbor girl, she comes right after school. Amy's never alone for long. >> Long enough to freeze to death. >> Where's the father? >> Truck driver killed in an accident. >> I thought Serena be there. I get home, I don't know, around midnight, and the apartment is dark, freezing, cold, and Henry, he wasn't moving. I took him right to the hospital >> and you left him there. >> I was out of my head, okay? I mean, I didn't mean to leave him there. He was He was He was so cold. I kept hoping, you know, I didn't know what to do. Oh, Mike, look at this. He bought out the whole hardware store. >> Pretty cold, huh? I fo >> since when? >> The morning. I fish it tonight. Yeah, >> six space heaters and the furnace just went out this morning. >> Maybe goes out a lot. If Jackie's telling the truth, it was off two days ago. >> First time we were here, was the heat on? >> It felt like that, but the old lady on the third floor had her hat and her coat on inside the apartment. The building's half empty. The place is wrecked. The landlord wants to renovate. You get a message from that? >> The message I get is that the landlord would be thrilled if her tenants left. Maybe the heat was off accidentally on purpose. Right. Iris Corman. What a gem. We got a whole desk devoted to complaints on her. And cops are asking about Iris Corman. >> Sweet Iris. Scum landlord of the year. Three years running. Lock her up and throw away the key. >> Better yet, lock her in one of her own buildings. No water, broken windows, floods, textbook on how to empty a place. >> Is she trying to empty the place on East Third Street? >> Look, I'm a city employee. for me to accuse her. Why don't you take the records, make your own conclusions? >> I had as much as I could take, you know? I mean, the lock on my door was broken. I told the superado he pretended he didn't understand. >> He's got trouble with English. >> The trouble is he's alive. I put a chair against the door. Middle of the night, boom, the door's down and that creep Turner, he's in my living room. >> Now, is he angry with the whole world or is it just you? >> Come on. That guy is a tenant like I'm the queen of England. I never saw him at night. What? like he's sleeping somewhere else. The heat goes off. I try to get it back on. I got to get past Turner. He's a thug, pure and simple. >> Jose Cado, step outside, please. You're under arrest for the murder of Henry Ward. You're around. Please put your hands behind your back. Come on, pal. I know you've done this before. >> Where's Turner? >> Turner? No. >> Stop. Stop. Stop. >> The lock is broke. HAS TO BE REPLACED. YOU'RE NOT THE SUPER. You're not replacing it. >> You got to turn her. >> Just give me an excuse. >> No way. You just got nailed. Joseph Turner, you're under arrest for the murder of Henry Ward. You have the right to remain silent. Anything you say will be used against you in a court of law. Do you understand that? >> Yes. You have the right to return. You should have refused that right. >> I told Mr. Turner we had to turn the heat on. I tried to open the door to the furnace room. >> And what did Mr. Turner do? Turner said to leave the furnace off. I was going to turn it on, but he pulled me away. >> Mr. Toado, in the past, did you help Mr. Turner at all? Harass other tenants? >> Do you also turn? >> See, are you there? Yes, I did. >> Whatever Turner and Corman app are pairing Mark Mcker, he's earning every dime. >> What's that? >> A juror number seven. He's white, but he speaks fluent Spanish. There's some question about Toado's testimony. A mistransation. I don't know how serious it is. Men probably called every juror. >> Desperate but clever. Asking for a mistrial. >> I talked to Judge Barry's clerk. He'll probably get it. Son of a [ __ ] >> Turner said, "Leave the furnace off." I was going to turn it on, but he pulled me away. That's not an accurate translation. >> Well, how far off is it? What would be accurate? >> I I misheard. I got the verb wrong. Um, it shouldn't have been pulled away. He said ordered away. >> That's the heart of the patent crime issue, judge. I mean, in previous cases, Mr. Turner was violent, but not this time. >> If a juror translated it for them, we will never know what they thought. >> At the worst, it's a minor linguistic difference. >> Maybe. >> Mr. Norman, you discussed this with the other jurors. >> I told him what I heard. He said ordered, not pulled. Mr. Norman, do you know why we sequestered juries? Before the trial began, I said the jury mustn't consider evidence not heard in the courtroom. Now, you told the juror something only you heard. >> But I only told them what he really said. >> That's true. You did. No blame here. It's a mess, gentlemen. It's a mistrial and the people will have to retry. Mr. Turner, >> tell your mother I'll see you next week. >> I'll see you tonight, honey. >> Bye, kiddo. >> Bye, Dad. We got pulmonary edema >> injection site on his left arm. I'm going to go with an IV drug overdose. >> Tan line's here. >> He's missing a wedding band and a wristwatch. >> Just a driver's license and credit card on the dresser. Thomas Lup, 36. He checked in yesterday 2 p.m. 2:30. The housekeeper saw a young lady enter the room. Brunette, Caucasian, mid20s. >> Maybe Mr. Loop award in a Sunday matinea. >> Hey, there was that other hooker ripoff two weeks ago at the McGaragel on 12th. It's almost enough to make a guy swear off infidelity. >> Are you losing your nerve, Cormarmac? >> I did say almost. >> Driscoll was diagnosed with type 4 spinal muscular atrophy 20 years ago. It's non-lethal. People with SMA can maintain a fulfilling quality of life. It's nothing like the horror show of Lou Garri. >> The video mentioned a medical report that said Driscoll had Lou Garri. >> Well, 3 weeks ago, Driscoll had himself checked out at St. Fabian's Hospital. They misdiagnosed him with Lou Garri's. The original report stayed in this file. >> That's what ended up in Bill Nolan's hands. Somebody dropped the ball. Maybe a little angel of mercy can tell us how it happened. >> We accept that Mr. Driscoll and Mr. Lup chose to commit suicide. And we're willing to give you immunity for helping them. In exchange, you'll tell us how Mr. Driscoll learned he had Luke Eric's disease. Bill Nolan gave Larry the medical report. >> And how did Mr. Nolan come to be involved? >> After my father got out of jail, Mr. Nolan keptounding him for an interview. I thought I could help my father. I told Nolan about this man, Tom Lupo. I told him I was there when he committed suicide. >> He got very excited. He wanted to witness a suicide. He said it would help my father's cause. I introduced him to Larry. Larry was thinking of suicide. He thought he was a lot sicker than what the doctors were telling him, but he couldn't make up his mind. >> What did he do? Did he ask Mr. Nolan for help? >> Nolan just kept talking about a deadline. So, he used a source at the hospital to get Larry's report. When the report said Larry had Larri, Larry made up his mind. >> Mila, the report was wrong. Larry didn't have Larri. My client would like to close the book on this and move on. The damage to his reputation is incalculable. >> I don't think they care, Gerard. >> Mr. Cutter, knock it down to criminally negligent homicide, suspended sentence, community service, and a fine. >> Oh. Uh, you write a check and Larry Driscoll becomes what? Uh, footnote in an ethics class at the School of Journalism. >> I didn't do anything wrong. It wasn't my source at the hospital. It was Larry's. He put me in touch with this person at the hospital. This source never gave me any reason to believe there was anything wrong with the report. The story wasn't even my idea. Mila Hayes came to me. I stayed within the ethics of my profession every damn step of the way. >> Before we consider a plea, we have to verify your story. >> We'll need the name of your source. >> This is ridiculous. I've already told your goons that I've been a good boy. Besides, Mila and I don't talk very much. >> Really? She said she got involved with Nolan to vindicate you. >> How annoying. >> Your daughter's devotion is annoying. >> I always felt that the whole paternity thing was a distraction from my work. >> Connie, these are letters that Mila sent him in prison. This one she wrote from camp when she was 17. if she included this picture. Check out the dude with the crutches. It's Driscoll. >> My counselor, Larry, is such a cool guy. He knows all about you, Daddy, and he thinks it's unjust that you're in jail. He has a disease called spinal muscular atrophy. But he told me if he ever ends up in a wheelchair and miserable, he would end his life. And he hopes there'll be someone like you to help him. It sounds like Larry was ready to commit suicide because of his SMA. The mistaken diagnosis wasn't a factor. Sounds like it. I'm trying to stop being angry at how unfair the world is. You're just trying to help people, Daddy. But they take advantage of your honesty. You gave an interview and what did you get? 10 years in prison. And that creep, he got an Emmy. >> That creep. She blames Nolan for sending her dad to prison. >> And now she's trying to send him to prison for manslaughter. Payback. Call the detectives. We're arresting Mila Hayes for murder. >> You have there an agreement, your honor. Signed by the district attorney, giving my client immunity for any role she had assisting the suicides. >> This looks like a get out of jail free card to me. Mr. Cutter, you gave her a walk-on suicide, and that's what these victims did. >> I agree, Judge. For Tom Lup and Larry Driscoll, it was a suicide. But Mila HS assisted their deaths in order to frame Bill Nolan from manslaughter. Her intent makes those deaths murder, and her immunity doesn't cover murder. >> Mr. Cutter is alleging an intent that is not supported by the facts. >> That would be for a jury to decide. Miss Grubman, I intend to give them that opportunity. Your motions deny the two murder counts stand. >> TYRANT. TYRANT. YOU CAN'T KEEP me in jail. Can you attack my daughter? >> Officers, REMOVE THAT MAN. >> YOUR JUSTICE is a perversion. >> ORDER. >> IT'S IMMORAL. >> GET HIM OUT of here. >> Everybody has it backwards. We're not trying to help people die. We're relieving them of their unbearable pain. Hypocrates said that doctors are the servant of the patient and not the master. >> But doesn't potassium chloride inflict pain on the patients? >> Not if it's administered by a doctor. But it's against the law, so we have to use these homemade machines that are unreliable. Are you familiar with the design of the device your daughter helped Lupo and Driscoll build? >> Just a minute. My daughter had nothing to do with those suicides. I built the device. I set up the IV. Mila only took the blame because she didn't want to see her old man going back to prison. >> You take full responsibility for assisting their suicides. >> Yes. Mila didn't want to have anything to do with it. And Bill Nolan was my idea. I wanted to see that son of a gun choke on his enemy. >> Thank you, Dr. Lingard. No more questions. >> Dr. Lingard, yesterday we heard your daughter take full responsibility for her roles in these crimes. >> She was trying to protect me, not that I deserve it. >> Then let me ask you, how did you meet Mr. Driscoll and Mr. Lup? Let's talk about something else. Let's talk about our natural right to decide how and when to die. It's a right we were born with and it is a right that this government has taken away from us. The ninth amendment of the constitution says that any right not mentioned in the constitution reverts back. >> Where did you get the drugs you claim you gave to Driscoll right we have and it is up to us to take it back. Your honor, I ask that this witness's testimony be stricken from the record. >> Dr. Lingard, I'm directing you to answer his question. >> It is the right of every American to live and to die as they see fit. And I choose here. And now, what are you talking about? My pulse is down to 20. My god, what did you do? Beta blocker app broken all about an hour ago. I'm almost there. It's okay, sweetheart. You'll be all right. >> OFFICERS, GET AN AMBULANCE. CALL 911. YOUR >> HONOR, I MISS TRIAL. >> Clear the courtroom. Not >> like this. See if there's somebody else. >> Put him on his back. >> ORDER IN THE COURT. Get the jury out of here now. >> I want this courtroom clear now. >> Court officers, clear the courtroom. >> You get here. >> Judge declared a mistrial. She wants to set a date for a new trial. >> What's the point? and her father exonerated her with a dying declaration. >> Well, given the conditions of his parole, Lingard must have figured his life's work was at an end. He had nothing to lose. >> Now his daughter gets to learn the downside of the right to die. grief. He