TV Channel 4 Sun Jan 18 22:34:42 2004
and have allhamckenna, la-- lap 12. I'm sorry. Do you have a pencil? Uh, sandy, lap...13. 14...14... I'm--do you have a pe cil or a pen? Kimberly, 13. Leslie, um, uh... 11--12. 11? 12. Creative use of materials. They could use someone like you on the carnival committee. Uh, like me? No. Definitely not. Trust me, you don't want somebody like me. Thank you. Tom gillette. Amy gray. You a jog-a-thon groupie or does one of these belong to you? That one's mine. She's lauren. She's pretty. No wonder my zach is stickin' so close. Little guy with freckles. So why wouldn't they want you on the carnival committee? 'Cause I'm terrible at things like this. That's 'cause they're having all the fun. Doesn't have to be like that. Sure, it does. Come on. Let's get in the race. I have to count. Besides, you don't wanna race me. Why not? Because I'm good.
[Kids cheering] He just moved here here that boy zach gillette, he's in your cla ? Yeah. What do you know about him? He just moved here from new york. What do you know about his dad? He just moved here from new york, too. How can mom be out of frosted flakes and pop tarts? Frosted flakes are on the list. No one eats pop tarts but you, vincent, so I stopped buying them. Did you run out of food at your place, or did you just come here to spread sunshine? Donna likes to talk in the morning. I don'T. And her snake stares at me. Snakes do not stare. They just can't blink.
They don't have
any eyelids. Interesting if unhelpful information. Maybe your sister can stop by the store this afternoon and pick up some groceries. No, not today. I've got a committee meeting after school. Other one? I thought you did the jog-a-thon. We did yeah. I just thought it'd be fu to be on a carnival committee. I'll do the grocery shopping, mom. Just give me the list. No. That's not a good idea. Why not? It just isn't, that's all. Mom, I have actually been to the grocery store since I was shot. The exact same grocery store, in fact. I like doing the marketing. It's fine. Just give me the list. No, really. Just give me the damn list. Thank you. Sorry. I must've lost track of time. Uh, that's ok. I guess I'll come back. Thank you. It'll only be a minute. No. We're through. We are? Yeah. I' call you later. Your docket is full. We should get going. It's not all the complicated. I know why I'm depressed. They're rushing the publication ofy book. Is that bad? It's going straight to paperback. But they're publishing it. I just expected this whole thing to feel different. You expected it to make you different. No. In our first session, we talked about your insomnia. Is that any better? Nope. What about your temper? I'm just irritable all the til . Vincent, do you know anything about post traumat stress disorder? No, I don'T. Well, sometimes, following a violent ent like being shot, people tend to exhibit certain behaviors. I don' have a disorder. I'm just having trouble moving on. It's only been a couple months. Look, I got in the way of a bullet, that's it. It's not like I nearly died. Anyway... lisa's the onep that should be affected. Lisa? That woman that I helped. You aean you saved. Don't try to turn me into a hero. Why, 'cause heroes wouldn't be published in paperback? That's good. That's very funny. Have you talked to lisa since the shooting? No. Why would I? Just a question. Nothing's ever just a question( your honor, the state has charged ju nile defendant dylan shepherd with the offense of manslaughter. We ask that the complaint against dylan shepherd be dismissed, your honor. The complaint should never have been issued. He shook his 5-month-old si er to death. We have his admission. And his mother's statement to investigators supports the complaint. He admitted shaking her, not to killing her. It was an accident, your honor. The autopsy report says that molly shepherd died from massive intercranial bleeding and subdural and retinal hemorrhaging attributed to violent shaking. The death of molly shepherd is a tragedy. It's a terrible tragedy, an accident for which molly's parents have suffered,
an accident for which
young dylan has suffered. With all due respect, your honor, bringing this case to trial benefits no on the evidence is not sufficient, and the claim should be dismissed. Ok. Uh, mrs. Shepherd, I realize how painfu this must be for you, but would you tell me exactl what happened? I was home with dylan and molly. Alone. My husband was at work. Molly was in her crib. I asked dylan--
who was watching
rugrats, his favorite tv show-- if he could watch his sister while I put the laundry in the dryer. Because we live in an apartment, the laundry room is downstairs. So you left dylan alone with molly? Well, I wasn't gone more than 3 or 4 minutes. But when I came back... and checked on the baby... she wasn't breathing. I called 911. I tried cpr, but it was too late. I'm sorry. What did dylan say happened? He said molly was crying, and he couldn't hear rugrats. Dylan told me he gave molly a little shake and that she stopped crying. He didn't know that she was dead. I know that. When I explained to him that his baby sister wasn't going to wake up, he got scared, and he thought something terrible was gonna happen to him.
And I told him
that nothing terrible
would happen, not as long as he told the truth. It was an accident. I know that he would never do anything to hurt her. You have to believe me, your honor. He would never, ever hurt her. Thank you. Thank you, mrs. Shepherd. I must conclude that th e is probable cause for the issuance of this co laint, so, um, this matter stands for trial. Next case. Now we can work on lowering his vincent? Lisa, hey. You remember me. Of course. What are you doing here? Well, I can ask you the same thing. Except that I work here. Right. What do you do here? Oh, I'm a systems analyst. I interface with every department thashares the mainframe, and since we're also a major routing hub-- basically, I analyze systems. I'd like to know more. No, you wouldn'T. How did you find me? Um... the day of the accident,
I picked up
the police report. Is that creepy? Sort of. You been ok? Yeah. Um... no. Yeah, me, neither. Good. I--I mean, you--you know... yeah, I know. Do you want to get together and talk about how not ok we are? Yes, I'd like that. Great. Jodi, this is miss gray from the dcf. She'd like to talk to you. Hi, jodi. You probably don't remember me. It's been almost a year. You took me away from home. Said I couldn't live there anymore. Well, it was more complicated than that, but, um, fair enough. I retired after that. We , more of a break, really. I thought maybe we could catch up, if that's all right. I understand you visited your mother and stepfather this weekend. I want to talk to you about that. Did your mother tell you that she'd filed p something called a motion for custody with the court? Well, she said that soon I won't have to stay with the tanners anymore. I might get to move back home. Well, the court will make that decision, but, yes, that's what your mother's asking for. Now, odi, do you remember why you were placed here with the tanners? Because mark hit me. Your--your tepfather? Did mark ever do anything else to you? Anything you might remember since the last tim we talked? He never did anything that made you feel scared or uncomfortable? Never-- never did anything that--that you didn't understand? Jodi, you understand that if the court says it's ok for you to go back home, mark is going to be there, too? And that's ok with you? I'm older now. I know how to take car of myself. Hey. Hi. I heard you joined the carnival committee. Yeah, yeah, well, I didn't have a choice. They were gonna cancel the cakewalk if I didn'T. Nice save. Thanks. And what about you? Pie toss. That's a good gig. Yeah. Well, uh... I guess I'll see ya. Ok.
[Car drives away]
[Mocking] Good gig. You know, I was thinking. You're doing cakes. I'm doing pies maybe we hould get together and... y out some des rts this weekend. Unless you're married or seeing someone. Then...probably be a bad idea. Uh, no. No, it would not be a bad idea. I would like that. You would? Yeah. Great. I'll, uh... I'll call you.
If time melts like icicles
I guess that makes love your sun
but it's a funny feelin' comes a-whisperin' it's a funny feelin'
comin' back again bye, daddy. Maxine, I'm jodi's attorney. She want to go home. She's been very clea on that. I've spoken to the mother, the stepfather. Everybody's ready. This has always been the plan. It's a bad plan. We can't allow jodi to return home whil the stepfather's still in the picture. Maxine, mark pruett admits that he drank too much, that he beat jodi. Son of a bitch. No argument. But jodi never once said that he sexually molested her. I was the original worker on the case before I retired. How's that goin', by the way? I interviewed jodi's teacher. On 2 occasions, she found jodi in the school bathroom undressing younger students. This was shortly after the stepfathe moved into the house. The foster parents told me jodi masturbated regularly for the first few weeks she was with them. Maxine, I know. I read all the files. Hahk, she was 9 at the time. Her psychologist said the behavior had stopped. What about the cause of the behavior? Will he stop? Ma ne, nothing's changed. You haveo introduce new evidence. Don't you think I'd like to? Do you know how frustrating it is to know something, to know it and not be able to convince anyone else? I've seen a staggering number of sexual abuse cases in 28 years. You know how many of the victims volunteer that information because they've been threatened, or they feel guilty, or they're too young to give it a name. How can you report sexual abuse when you don't know what sex is? It's my job to recognize the symptoms. That's what I do. And you're never wrong. Not this time. Maxine, we're all overloaded with cases. We have to focus our time and energy on the ones that we at least have a prayer of winning. Jodi wants to go home. That's the ottom line. When a young child is violently shaken and the unsuppor d head is whiplashed back and forth, the brain literally ricochets around inside the skull. That's why we try to warn people, "3 shakes is all it takes." Dr. Sachman, based on your evaluation of the evidence, were the injuries inflicted on molly shepherd consistent with shaken baby syndrome? Objection, your honor. Overruled. Yes, they were. In your medical opinion, then, doctor, could an 8-year-old cause this kind of injury? It would take effort... but yes. Could you be a little bit more specific, doctor? Um... to equal the amount of damage from shaking a baby, the infant would have to fall from a height of 2 stories up. That's the force a baby feels when shaken by an adult. However, an adult outweighs a baby by as much as 20 times, so a child, depending on size and strength, would have to shake ch harder, much longer. Is it reasonable to assume t n, doctor, that a shake of this kind would have to be delibera and not accidental? Objection. Sustained. Doctor, what percentage of sbs cases do children or siblings account for? Less than 1%. In your medical opinion, would someone with dylan's history and A.D.D. Have the strength to shake a body to death? Objection. Overruled. Yes. Thank you. This is nice I'm mcnabb. It's my ouse. I'm mcnabb. I'm mcnabb. I'm mcnabb.Mc have chunky soup for dinner. I figured you uld use a home-cooked meal. Probably eat o all the time.All the time. Not really. M uncomfortable in restaurants. Me, too. All public places, really. I can't take loud movies these days. Pnoise in general makes me crazy. Oh, anything violent's out of the question. Are you afraid of tuna? No. I'm good with mushy food. Oh, really? The guy who kinda choked me did some damage to my trachea,
so it's hard
to swallow. . Do you have any trouble sleeping? And when I do fall asleep, I have these terrible nightmares. I feel like I should be getting past it. Everybody else has moved on. I haven'T. I dream about you, too. I mean about you saving me. Well, I was just in the wrong place at t right time. I think if I'd seen that he had a gun, I probably would've run. But you didn'T. You saved my life, vincent, and...I'll never forget that. How could I? Sorry mark isn't here. He just ran out to pick up some paint. We want the room ready for jodi when she gets home. Yellow's her favorite color. Mrs. Pruett, I'm not gonna beat around the bush. I would like you to consider withdrawing your motion for custody. I think it'll be a serious mistake for jodi to live with you and your husband. Jodi's my daug er. She belongs with us, with the new baby, not some foster family. Your daughter belongs where she's safe. She belongs where your husband can no longer molest her. We've been over this! Yes, we have, and jodi needs your help. I need you help. Please. You must be aware that things happened. Perhaps jodi said soaething. Ow dare you? How dare you suggest I'd allow something like that to happen to my own child, that my husband-- deni ... it's ok. Ms. Gray, right? Yes. If I did what you're suggesting, why does jodi want to come home? Why does she want to live here? You may not believe this, but I appreciate what you're tryin' to do, that you care. I let her down. We both D. Mostly me. I was stup and cruel, I drank too much, and jodi s fered for it. Yes, she did. You were right to take her away. But I'm not that person anymore. I'm in A.A. I haven't had a drink in 14 months. We're both in counseling. We've done everything the court asked. Now we just want jodi back. My wife has forgiven me. So has jodi. Isn't that enough? Ne lect petition. Mother is prepared to surrender rights. All right. Well, let's go. Judge gray? Donna? Are you seeing someone? Excuse me? You're glowing. No, I'm not. Oh, yeah, you are. Donna, I'm not glowing. Sorry. All rise for the honora e amy madison gray. Be seated./ Rall right. Let's begin. Counsel? Uh, who's counsel?
[Door closes] Your honor, I'd like to apologize... you. You. You didn't tell me you're a lawyer. U didn't tell me you were a judge. Well, I was saving it for our date. I wanted to impress you. Would've worked. About that, are we...we still on for this weekend? No. How can we? It's a conflict. You can always recuse yourself. Just this once. Might find out you hate me. Yeah, that's true. Then there wouldn't be a conflict. I'm not gonna hate you. Damn. Tom, you're a child advocate attorney. You're gonna be in my courtroom a lot. I can't always recuse myself. Then don'T. Disclose to both parties on the record that we have a social relationshi assure them that it won't prejudice your ruling. Would you believe that if you were the opposing counsel? No. So...what do we do? Why couldn't you be a doctor? Miss gray, have you read the entire case status report that was prepared for this court? Yes, I have. And what are you opinions concerning reunification? Is it in jodi's best interest? No. It's my opinion that jodi's stepfather, mark pruett, has sexually molested her objection. And will do so again if we fail in our duty to protect her. Your honor, there's already been an abuse trial where these issues were raised. Ainothing came of them. Ms. Gray, it should come as no surprise to you that you're not the only one who has read the case status report. No, your honor. Well, it clearly states that the y ng girl has repeatedly denied that she was ever sexually molested by R. Pruett. When I first met jodi, she so denied that mr. Pruett was beating her repeatedly ith a belt. She was not telling the truth. I recognized thi because I could see the welts and bruises, the physical scars. It was not until mr. Pruett admitted what he had done p that jodi felt secure enough not to lie. Sexual abuse also leaves scars. They may not be physical. They may be more difficult to see. But they're there if you kno ere to look, and jodi larson has them. So you're referring to the incidents of disruptive behavi-- masturbation, the fondling of younger schoolmates... that is correct. 38% of all of the women in this country are sexually molested in chihood. That's more than one in 3. Most of them go for years without telling anyone because they are afraid or ashamed or have blocked the memory completely. I don't believe that children should be made to suffer because they're afraid to tell the trut well, this court appreciates ur concern for children, ms. Gray. I asked jodi if she was afraid that er stepfather would hurt her again. She said, "I'm older now. I know how to take care of myself." This is a 10-year-old girl. 10-year- ld children cannot take care of themselves. They need their parents. But if their parents betray them, they need us... your honor. So you're going to recuse yourself? Yup. I see. What? Nothin bruce, if you have a question, you can just come out a ask it. I don't wanna ask a question. Yeah, right. You have abs utely no interest in the nature of my relationship th mr. Gillette. That's right.
No, it's not. Yes, it is. No, it's not. It's none of my business. Oh, you're afraid if you ask me about my business,
then I'll ask you
about yours. No, because that's not t nature of our relationship. You know what, b uce? Some people who work together actually talk about things besides work. Yeah, well, we don'T. You don'T. I do. You ne er tell me anything. Her name is mia. Mia? That's what you wanted p to know, isn't it? The woman I was talkin' to in here? Mia's my daughter's mother. Mia's a pretty name. Well, we were young when we met, had a baby. Mia wasn't ready for the responsibility. She said she had things sh wanted to do first. Wanted a career. Went to france, became a model. Now she's back. Says he wants to try and become a family. How do y feel about that? I don't know. I carried a torch for a long time. Didn't expect this day to come, though. So, how do you feel about mr. Gillette? Well, he's a lawyer. I'm a judge. It's probably best I don't feel anything. Doesn't really help to talk, does it? Answering machine: It's lisa again. I know you're busy I just wanted to say that I'll return the favor an make you lunch next time. Um...call me. In c e you've lost my number, it's 555-0 6. Talk to you soon, I hope. And...vincent... well...n er mind. Call me.
[Beep] My mom was making dinner and doin I as watchin' rugrats,
my favorite tv show. Mom asked me to watch my sister molly while she put the laundry in the d er. Molly was crying. I watrying to watch tv. I asked her to be quiet. She wouldn't be quiet... so I shook her. Where was your sister, dylan, when you shook her? In her crib. And how did you shake her? N you show me? Dylan, how did you reach into the crib? Excuse me? Did you reach, um, in from the side, like this? Or did you... reach down intov the crib from above? My mom asked me to watch my sister molly while she put the laundry in the dryer. Molly was crying. P I was trying to watch tv. I--I asked her to be qaiet. She wouldn't be quie . So I shook her... in the crib. Right. Right. You said that, but you're just a boy, and you're not that tall, so I'm just trying to get a picture. Did you reach in from the side, or did you have to stand up on mething and reach down from above? I forgot. U forgot? Your honor, we'd like to request recess. Yeah. This court's in recess until tomorrow morning. Counsel, I'd like to see you in my chambers. Don't try nd tell me that boy hasn't been coached. That's his story, your honor. It is totally consistent ith the statement he made to the police. Consistent? Yeah, I read this. It's verbatim. It's almost nearly identical to the mother'sccount. Which speaks @ its voracity.
Or to the level
of rehearsal. I tink he's covering for one of his parents. Dylan admitted to the crime, your honor. I'm well aware of that. I'll have my verdict tomorrow. So, what are you gonna do? Even if one of the parents d do it, it's not like ey're gonna confess. Uh, I'm not sure I should pursue this t ng with lisa. Sounds like you two have a lot in co on. Yeah, if you count somnia, depression, irritability, flashbacks, outbursts of anger... but beyond that... I don't know. So it's not yo looking for an excuse to bai on a relationship and run from commitment. Why would you sathat? We've talked bout that issue before. That has nothing to do with the fact that I ot shot. Exactly. Just 'cause you have a new issue doesn't mean the d ones have gone away. Oh, so this isn't post-tra matic stress? This is just plain old fear of giving myself what I want? Coul be a little of both. It just seems like a really bad time to get involved. When would be a good time? All rise. Be seated. Ladies and gentlemen... it has never been the purpose of this trial to determine whether jodi larson has been a victim of sexual abuse. It is the duty of this court, rather, to rule on whether or not mr. D mrs. Pruett ha completed the specific steps necessary to earn the custody of heir child. Now, that bein said, accusations of sexual abuse are no something that i or this court take lightly, and for that reason, I have carefully reviewed th testimony presented by jodi's psychologist, teachers, foster parents, and transcripts of interview with jodi supplied by her attorney, mr. Leary. I found nothing I believe to be of substance to support the views and opinions expressed earlier by ms. Gray. It is therefore my finding that mark d denise pruett have satisfactorily compted all specific steps assigned by this court. I hereby grant revocation to mrs. Pruett. Ms. Gray, please make arrangements to have the child returned to her mother no later than the end of today. Thank you. That's all. Mom hey took pictures of the baby at the hospital. They think it's a girl. A sister well, that's gonna be a lot of fun. Yeah, and I get to help with everythin and mom's gonna show me how to change apers. That's a smart mom. I'm gonna feed her and sing songs to her and protect her when she sleeps. She's cky to have someone like you. What are you going to protect er from? I don't know. Everything. Your mother will have to take you back to the tanner's to pick up your computer-- oh, I got that. And your games. Is there gonna be a problem with that? No, I don't think so. Here. I have something for you. What is it? That's my business card. There's my name, and the address of the building where I work, my telephone number. Just so you know where I am in case you need anything. Mrs. Pruett: Jodi! Mommy! Hey, hey, hey! I must admit, I am troubled by s e evidence in this case. I have heard the confession of a child to a crime that I have trouble believing a child uld physically commit. Yet, in the absence of any other evidence or e lanation, I have no other choice t to take him at his word. No , given the violent nature of this offense, particularly the degree of force required for an 8-year ld to commit such an t, I cannot adopt defense counsel's argument that dylan be found guilty of a lesser charge. Therefore, dylan shepherd will be committed to dcf with his initial placement at long lane until such time that he reaches adulthood. Your honor... mom? Wait! You can't take dlan away. I'm sorry, mrs. Shepherd. No. I came here because I thought you would throw the case out! Excuse me? Mrs. Shepherd... an 8-year-old boy? I thought a juvenile judge would be sympathetic. It was wrong of me. I know. It was stupid.
It was stupid
and desperate... but I got scared, and--and I panicked. Mrs. Shepherd, perhaps-- I never meant to hurt molly. You have to believe me, your honor. She was my baby. But she wouldn't stop crying. I tried everything. I--I fed her, I changed her, I sang o her, and nothing helped. She ied for hours... hours...
and I was trying
to make dinner
and do the laundry, and dylan had the tv up so loud, and it was too much. It was just too much. I wanted to scream. And I shook her. It...all happened so quickly. In a second, it was over. It was over. Man: I remember it like it was yesterday. I was hosting my first big bu ness dinner, d I paid with my visa card. Turns out I was over my limit. I was so embarrassed I dn't know what to do. Who shall I say I say uh...hi. Hi. Can I help you? Is vincent home? Who shall I say is calling? I'm lisa. Vincent, it's lisa I'm donna, vincent's roommate oh. Uh...we're just roommates. I'm married. Oh. Hey, lisa. Uh...what are you doin' here? I could ask you the same thing. Right, exce t that I live here. Thanks, donna. Oh. Nice to meet you. Same here. Um, I, uh... thought maybe you were having trouble wi your phone, or... no. I, H... ...just didn't want to call me back. No. I, um-- I've been really busy. I'm sorr yeah. Look, vincent, I don't wa to make this awkward for you. I really don'T. I...just had a good time, that's all, and I thought you did, too yeah, I did. Good. I came here to say I hope you didn't get the wr g idea. I-I'm t looking for a hero. Just a friend. That's it. Next move's yours. Good ight.
Vincent,
carpe diem. Shut up. Butt out, donna. Lisa... not so fast.
[Sotto] Just talk to her. Um, lisa... I... I didn't want you to get the wrong idea, either. . Then give me the right one. I got a lot goin' on right now um, I'm a little bit di tracted, and I'm havin' a hard time just conce rating on my work. You have a commitmentroblem. Well, yeah. And that, O. M... look, I like you, and I don't want you to get hur , especially after all that you've been thro H. Vincent, I think I can handle it. So...ts weekend, do you, um... you want to get some mushy food and ee a quiet movie? Yes. Amy? Hi, tom. Don't worr . I'm not... stalking you. I heard what you said, and I... respect yo decision. And your integrity. Oh, really? 'Cause... I think I might be an idiot. No. You're just being a goodudge. We could use more of those. Thank you. It's jus at... well... I really like you... and I'M... sorry that... we're never gonna get to see if that feeling might've led somewhere. I know. Like here. Why does my heart I'll see you around. Ok. Why does my soul feel so glad? Why does my h rt feel so glad? Why does my soul eel so glad? There. Done. Good night. Oh, uh . Jo . What a nice surprise. I--I didn't hear you come in. Well, where are my manners? Come and sit dow .. and we can talk. How would that b jodi, whe did that blood come from? Where did yoget that? Mr. And mrs. Tanner had it. Your foster family? It as in their closet, in--in a box. How did you get here, sweetie? Did your parents bring you here? My mom ent to the store to buy hamburgers for dinner. She said I should stay home and rest. What about your stepfather? Was mark t home with you? He came into my room, and I was laying down. He said he was glad that I came home. He missed me. He looked at me that way. I knew it wouldn't be any differe T... [Crying] Not fo me... and not for my sister. Jodi... what did you do? I shot him.
[Sobbing] I told you I could take care of myself. <