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tv   The Late Show With Stephen Colbert  CBS  February 10, 2016 11:35pm-12:37am EST

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straight "as" since first grad yeah, me too. i didn't shoot anybody. i wasn't at that apartment. and we have a very plausible alternative theory of the crime. yeah, mike whalen did this. on his own. explain your prints on the murder weapon. mr. whalen showed up at a recording studio where my client was working and asked to see himrivately. yeah, he handed me a gun. and asked me to hide it for him. i said no way, gave it back, and told him to go to hell. mike whalen, a drug addt, approaches a world-famous celebrity to hold his gun? [scoffs] i bought drugs frohim in the past. i used to abuse methamphetamine. i'm in recovery w, but he threatened to take that to the press. is there anyone who can corroborate this meeting took place? no, he called me out to the street. alone.
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mike whalen thought blanchard had photos in his apartment worth $5 million. photos of what? katie holmes giving silent birth. shot from some remote pinhole camera that blanchard bribed a nurse to bring into the delivery room in l.a. nonsense. yeah, exactly. but two weeks ago, blanchard got drunk at this dump called boardner's... and bragged he was moving up to the big time. i heard it. so did whalen. i dismissed it like you, but... [chuckles] i mean, mike's not so smart. blanchard confirms that the conversation took place, and that he said he had the photos. which he doesn't. well, five million's awfully good motive to do burglary. especially if you're a broke drug addict. feels like a smokescreen. well, now it's he said, he said. and it destroys any deal that you might have made for mike whalen's testimony. it'll look like that you dismissed whalen's direct involvement out of hand,
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so we try mike whalen alongside justin smolka. no whiff of preferential treatment. they both killed a cop. now, crack smolka's alibi witness. or find something to crack her with. mr. mccoy, over this way please. smile, jack. say cheese. is this case politically motivated? how long are you gonna hold j-train? at what time did mr. smolka arrive the night of the shooting, ms. swailes? about 7:30. he stayed until midnight. doing what? we were working on sky's website. j-train is good on content, not so good on design. that's where i come in. did anyone else, um, see him here? oh, i don't let people in when he's here. could cause a riot. there's a lot of photos of this person with sky. who is she? that's me. from a few years ago. gained a few since.
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you--you worked with sky, what, six years? that's right. but, beth... you wouldn't lie for her, would you? or j-train? or course not. 'cause, you know, i do see this kind of thing a lot in criminal cases. people think they're helping, but what they're really doing is committing perjury. i would never do that. because it's not in your nature, or because... you know you would go to jail for committing perjury? j-train was here from 7:30 until midnight. forgive me, but... i don't believe a word that you're saying. we're done, right? [crying] what people don't understand is that all of the photographers and press, it... destroys our life. [sniffling] no one gets it that we're people, too.
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i thini found something to impeach beth swailes. she's a pathologically obsessed fan. seven years ago, she went on a game show called i want to look like a star. she had plastic surgery to look like sky sweet. they look nothing alike. well, that's after she had nine more procedures. she had her face sliced to ribbons to look like sky sweet. lying on the stand's gonna be a walk in the park. did you, um... catch the ledger today? adam stein's gossip column? "an industry insider says prosecutors don't have a clue as to the actual motive in the case." you should, uh, skip down to the last paragraph. "with such rocky evidence, we only hope the prosecution "isn't bulldogging the smolka-sweet family "for their lifestyle and non-traditional parenting. "what's worse, we ask, a short stay alone in mos car
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"it's been since jack mccoy... has spoken to his only daughter." they're trying to poison the jury pool. it's a very low blow. if we don't have a clue about the actual motive, i wonder what it was. maybe he can help us with our case. let's talk to stein. get the source. would you walk up to a new york times reporter asking for sources-- i don't think so. all due respect, you're not a reporter. all due respect--i write facts, they write facts. what's the diff? gravity. importance. i was writing about a murder case. and if it's so unimportant, what brought you to midtown? e you willing to go to jail to protect this source? have you ever heard of the shield law? it protects journalists. you're a gossip columnist. it's the newspaper equivalent of a flesh peddler god, you're nasty. what they say about latina women is so-- this isn't a joke, mr. stein.
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let's hear it, or i guarantee you'll be in a contempt hearing within a day. you're just miffed about that whole daughter thing. (reporters) there she is. sky! [reporters clamoring] all right, people, let's keep it back. your source. i won't divulge. see you in court. yeah, promises, promises. hey, do you like sangria? your tie? really, really stupid. is gossip news? the shield law defines "news" as information concerning local, national, or worldwide events, or other matters of public concern. so absolutely, yes. lindsay lohan spotted at bungalow 8. or an olsen twin at starbucks. is that really news, your honor? judging by the column inches devoted, it's presentlyore relevant to this country than a war we're fighting. but is information of prurient interest what the shield law was designed to protect?
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and paid by it to gather news, then mr. stein is protectedrom contempt. where did this conversation between mr. stein and this source take place? it was in a nightclub, your honor. and how was this confidential information discussed between reporter and source? screamed out over the dance music? it was discussed in a lavatory. (mccoy) how can that possibly be considered confidential? because the source explicitly stated his desire to be kept confidential. then he should have held the conversation at a private location. we stand by mr. stein's first amendment rights to trample the privacy of celebrities. but... a conversation in a nightclub toilet is not deep throat's parking garage. (judge) now, i'm a staunch defender of the press. even the gossip pages, god bless them. but if you report news, act like a journalist, mr. stein. to me, this is party conversation.
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i'll find you in contempt. i'm sorry, your honor. you'll just have to throw me in jail. so be it. [gavel banging] i bet you'd hold out six hours. yet, here we are in four. i am a journalist. i deserve the rights of every journalist. put that in your prison memoir. gary blanchard. that's the guy who told me you had the wrong move. why? i advanced him 20 grand for 50 photos i guaranteed would get printed. all this went down in the middle of a murder case? his info was current, juicy. and the 50 credits would make his name. he struck while the iron was hot. that's the way the game is played. what did blanchard say was the right motive? [laugh] you'll, uh...
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(rubirosa) pictures from blanchard's computer. stein was rit. we didn't have a clue. sky sweet doing drugs. at the formosa club. look at the background. new year's eve decorations from last year. club said they were only up for two days. time that out with the birth of her baby, and that's a picture of sky sweet snorting cocaine,
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this is the firsti've seen them. i find that hard to believe. the only photos i thought blanchard had were of me and sophia in the park. those hitting the papers would have made for a routine embarrassment, but it's safe to call these a career-ender. what do you want from me? did your husband break into blanchard's apartment and steal these photos? i don't think he knew about them. is that what blanchard is saying? he'saying he told no one but adam stein. he's not very trustworthy. well, i'veever seen these before. and i don't think justin has either. i think the jury will disagree. wait a minute. these are gonna be used as evidence? against justin? blown up on a widescreen in the courtroom. oh, my god. i can't believe this is happening. we understand if you're trying to protectour husband.
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so you'll destroy my career? and send child services? i have no intention of sending them. oh, but they'll sure take an interest, won't they? they may. look. i know this looks bad. but sophia has been tested against every possible abnormality. she's not small for dates, she had a normal apgar. please don't take my baby. i think you should leave. (female lawyer) justin, why do you record under the name "j-train?" i know it'll be a headline tomorrow, but in real life, i'm a boring guy. but j-train is a street thug, who takes what he wants when he wants it. parties day and night, and can't keep his... [small laugh] he's a player. (lawyer) isn't it conceivable that a player
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compromising photographs of his wife? (smolka) except the j-tin persona is complete fiction. is the line ever blurred between you and the persona? in real life, i'm a husband, a father, an artist, and a businessman. i don't have time for anything else. is there any reason that you would break in to gary blanchard's apartment? no. where were you the night his apartment was burglarized and detective carvahal was murdered? i was with beth swailes, at her apartment in chelsea, updating my wife's website. on the night of the burglary, you needed someone with a gun, didn't you? i had nothing to do with the burglary. i was with beth swailes that night. (mccoy) you recruited your ex-drug dealer to drive you to mr. blanchard's apartment, where you intended to break in and steal these photographs,
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no. would these photographs constitute a reason to break into the apartment? i had no idea those photos existed until a few days ago. (mccoy) you were aware of other, less incriminating, pictures? you were negotiating for them. but you didn't know about the most incendiary of all? maybe blanchard was saving them for a rainy day. i don't know. you went to commit a robbery, to steal these photographs of your wife, but you were interrupted by a neighbor who was a police officer, and you shot him, didn't you? we struggled with drugs. that doesn't make her evil, or me a killer. (judge) mr. smolka-- look, i didn't rob or kill anyone! mike whalen killed that cop, and he's blaming it on me because i stopped buying his drugs. his money supply got cut off, and he got desperate to score, and stole from his sister's medical insurance-- that's a lie! and it killed her! he's a liar! that's enough. (judge) get him out of here.
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i'm telling you flat out. mike whalen did not spend his sister's insurance money on dope. we bh know how desperate junkies get. he didn't eat for two weeks after she passed. he nearly died of grief. or guilt. it's not in his nature. i'm 1,000% positive. (mccoy) it only matters if detective cassady can prove smolka lied on the stand. can she? no. so maybe whalen's a patsy, but unless she can prove it, it's a character reference. not helpful at the moment. well, the sky sweet photos are all over the net. the blogs say jail her, and they're talking about boycotting her films. it's fallout. it'll dissipate. still, you got her pretty good. it was motive evidence. oh, is that what it was, jack? or, uh... was it revenge because your daughter was mentioned in the pre? is that what they're saying on the news magazines?
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(rubirosa) one less witness. defense camp just called. beth swailes is off their list. really. (beth) i'm going to connecticut to see my sister-- i'll miss my train. was justin really with you the night of the shooting? yes. at the times you said? maybe a little later. i don't know, i didn't check my clock. and that's why you won't testify for m? i don't buy that. does this have anything to do with the photographs that we taken? they made me sick to my stomach. it's awful, sky having to endure that. but why stop protecting justin? because he did it to her. he made her a drug addict? she never got high before him. and seeing those pictures? did justin say anything to you about where he had been before going to your apartment the night of the shooting? no, he just sat in the corner. but what i don't understand is, there were only two or three people that knew sky would be at that new year's eve party. when the photos were taken. and there was security like crazy. you'd have to be awful lucky to be in that bathroom at that time. unless sky was being set up.
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i have to go. beth... (mccoy) the obstruction of justice will get you two years, mr. blanchard. but blackmai extortion? for what? were the photographs of sky sweet at the formosa club part of a business arrangement between you and justin smolka? [nervous laugh] where are you getting this from? if a photographer got into the women's bathroom, someone let him in. and knew to let him in when sky was going to be doing drugs. security was bulletproof at the formosa that night. did justin smolka let you in? did you conspire with him to blackmail his wife? we say that's the case. you could spend the next decade in jail. no ti--no, i don't want to do any time. all right, i'll testify against justin, but no time.
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adam stein over at the new york ledger says that there is a lot of response to that bit about your daughter. now, i went up to maine, and i took some photos. you can have 'em. keep the photographs. what do you know? justin smolka hired me to hide in a bathroom of the formosa club and get shots of his wife doing drugs. (mccoy) he knew that she'd be doing drugs? he planned on giving them to her that nigh because he knew that she had been trying to kick. so she wouldn't be able to resist. she...was vulnerable. (mccoy) what was your arrangement with mr. smolka? he was gonna give me 100 grand for my shots. for what purpose?
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in their divorce settlemt. he signed a pre-nup which gave him nothing. but what happened with your business arrangement with mr. smolka? when i actually got the shots, i decided to up my price to $1,000,000. when did you tell mr. smolka this? the day before my apartment got broke into... and that cop got shot. (reporter) ms. sweet, can we get a statement from you? [crowd murmurs] you have one bargaining chip, mr. smolka. the truth about mike whalen's involvement. (lawyer) what's it buy? (mccoy) 5 off. 20 years. we're out. sit! you too? all i wanted was you toove me.
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you gave me orgasms. did he give you drugs that night? yes. you asked for 'em! i asked you to watch out for me, and you set me up! my career is over. i never killed any cop. yes, you did. and you told me you did. keep fighting this. it's on your dime. mike whalen took eight years. been reading the internet? sky sweet is going into rehab. she hopes her fans forgive her, and it looks like they have. there's clamor for a biopic. guess it's true there's no such thing as bad ink.
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(male announcer) in the criminal justice system the people are represented by two separate yet equally important groups-- the lice who investigate crime and the district attorneys who prosecute the offenders. these are their stories. but it not even a school night. which is why i didn't bring you up here an hour ago. wash your face. glen, time for bed. (glen) in a minute. mommy, i can't find albie. 15 more minutes? please? i already said no. yo. toothbrush. now. you better not be on the computer in there. no internet with the door closed. albie! bella gets to stay up till 11:00 on saturdays. you're not in bed in five minutes, bedtime moves up to 6:00 pm.
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so help me, glen, if you're looking at porn again, i-- what the hell was that? oh, my god! it's not mine! this guy just posted it. ohmy god. oh, my god. the blogger who posted the photo's got a handle. calls himself "rewind99". no real name listed. and id pic doesn't show a face. just a scar. i put in a call to the company that runs the site. they're looking up his info. and that's yeah. my niece has a page on that thing. tech said parents all over the country are calling it in. hey, man, you got an id? not unless she's sitting on it. outfits like this don't generally have pockets. any shot at cause of death? this much perimortem trauma, could be anything. larynx is shattered. my money'd be on asphyxia. but don't quote me till after the autopsy. what kind of weapon? something blunt. a pipe maybe. spatter on the walls and ceiling. she hasn't been moved. and there's stocking and glove lividity.
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between 3:00 and 8:00 am yesterday. prime time for a prostitute. you sure that's what she is? how many streetwalkers wear heels that don't fit? those shoes are at least two sizes too small. they'd hurt like hell. manicured nails. no track marks. if she ain't a hooker, then what is she? i don't know,
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by 1924, mrs. stouffer raised two boys. inspired a business in cleveland. and raised the standard for easy homemade family meals. today her high standards live on. it's why we use freshly ma pasta in our lasagna. topped with real mozzarella and aged parmesan. and no preservatives. just a delicious meal you can feel good about serving your family. made with love. the way mrs. stouffer made it. stouffer's . made for you to love . the images were taken down as soon as we found out. any idea who posted them? i designed b-frendz as a safe haven for teens on-line.
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look, a woman was murdered and photos of her corpse were posted on your site. do you know the dude's name or not? so far we've been unable to ascertain the user's real information. that's college for "no." the name and address rewind99 listed are bogus. but the e-mail address is real-- can it be traced? it's a free account. you can sign up on-line with pretty much any name you want. "barney crotchmaggot." nice. the anonymity encourages kids to share honestly with each other, to help each other. with basically no oversight or security whatsoever. our service agreement specifically prohibits the posting of false information. we're not responsible for users who violate policy. okay, we'll just leave it at "you're not responsible." what about his internet address? ip's different every time. servers in finland, china, guam. he's probably using an anonymizer and proxy servers to hide his location. all right, look. [cell phone ringing] if he logs in again, give me a call. our people can trace it. i need contact info for every name on that friend list.
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our doa "hooker" is caroline ann preston. a housewife from murray hill. we were in hartford at molly's gymnastics meet. one of her friends had a cell phone with the internet on it. she showed us-- oh, god. caroline-- do you have any idea who would've done this to her? no. dressing her up? why would anyone do that? did your wife ever go on not that i know of. molly, do you have a b-frendz page? yeah. any odd postings recently? just my friends. we're still gonna need to examine all the computers in the house. with caroline's car still here and no sign of a break-in, it's possible that she had previous contact with whoever did this to her. molly, if you don't mind, we need to speak to your father alone for a minute.
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okay. what? can anyone else verify that you were in hartford when your wife was attacked? i didn't kill my wife! sir, we need to rule you out as a suspect. and we can't ignore what she was wearing when we found her. we aren't like that. those aren't her othes. is it possible she was seeing someone else? eh... she had been unfaithful in the past. when? five years ago, then again last year. but that was over. she was recommitting to me-- to us. all the same, we're gonna need to speak to these men. happen to hear their names? the first one moved to seattle. uh... don, maybe.
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bill walker. she met him on-line. whoa. no, i had nothing to do with this. where were you yterday between 3:00 and 8:00 am, bill? asleep with my wife. look, if we could do this without y guys talking to her-- he doesn't have a scar. just means he didn't post the photos. still could've done the murder. no, please, i haven't seen carone in months. we broke it off. why? her husband walked in on us. did he take a swing at you? make any threa? no, he just asked me to leave. she said later all he wanted to talk about was couples counseling. what about the outfit? caroline into bondage? role-play? she didn't like anything too kinky. at least not with me. maybe with a new-- (woman) bill? ma'am, could you tell us where your husband was yesterday morning?
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thank you. i don't know about kinky, but she definitely wasn't conscious. cause of death is an acute overdose of depaquel, an antipsychotic used to treat bipolar disorder, schizophrenia. her husband di't mention any mental health issues. because these weren't her pills. depaquel takes weeks build up a blood level. there was no long term use. meaning she got one big dose right before she died. sublingual frenulum is torn. the tongue was pushed way back into her throat. like he shoved something down there to force-feed her the pills? jaw was broken in five places. she didn't even stggle. he had to break most of her toes to make the shoes fit. and her bra was on inside out, too. any dna from the attacker? fingernails were clean. no semen or saliva anywhere on the clothing or skin. the rape kit was negative. what is up with this dude? if it wasn't for the sex, why'd he dress her up? i recognize the logo on this bra. "frisky kitty"-- lingerie shop off times square.
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i went there f my sister-in-law's bachelorette gift. but thanks for assuming i have crappy taste in lingerie. sorry. we don't get a lot of soccer moms in here. what about this stuff? that's our signature bra. we're not exactly la perla, but we try. and the rest? yeah. you know what? i sold this exact outfit like, i don't know, three days ago. to who? total freak. we get all kinds of weird in here, but this guy was off the map. couldn't stop talking to himself. was he black, white, old, young, what? white. my age. fat. did he use a credit card? we only take cash. but he was short. he had to pay twice. he left to go use an atm. between the first purchase and the second, how long was he go? twenty minutes?
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that's every atm within a ten-minute walk of the lingerie shop. and citu finished with the family's computers. no off-key websites on the mother's laptop. and all of her latest e-mails are bland. so no new boyfriend. or she learned how to cover her tracks. never e-mail when you're screwing around with somebody that's married. i'm speaking from experience. what about the husband's alibi? it checked out. and the daughter's computer? her b-frendz page. she has 61 friends listed. all in high school, no with a record. she has an im account, too. instant messages aren't stored in memory, but therwas no one of interest on her buddy list. any of these buddies in the city? 23. maybe you should have a sit-down with them. kinda thought we ruled them out electronically. well, computers aren't foolproof. absolutely we'll do it old school. old school? you mean like doing it right? it's exactly what i meant. got him. look at this. fat white guy, in his twenties. look at the profile.
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rewind99 is richard elam. 6504 central park west. richard elam? open up. police. we have a search warrant. (nina) clear. it's depaquel. richard elam? police. (nina) these are the pictures from molly's b-frendz page. he was after her. (ed) i'm gonna have the unis meet us at her house.
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the door was wide open when we got here. did the father show up? neighbor says he's on his way from the funeral parlor. all right. oh. looks like she put up a fight. she ain't gonna be able to fight forever. nina, get started on an amber alert. i'm gonna get her photo and description
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good morning, indeed. v8. veggies for all. all precincts have been notified of the abduction. we've put out a tri-state amber alert. we have a witness who saw a man matching elam's description parking out front in a tan suv and got a partial plate. how could this happen? how could you let this happen? i wod never have left molly alone. sir, there was no indication that molly was a factor in your wife's murder. now, we need to know, do you know of any connection between your wife and richard elam? i've never heard his name before. i've never seen him before. he's a stranger. did molly ever mention a richard, a rick, or a richie? all her friends are in high school. this is a grown man. did she ever talk about getting together with people that she met on-line? i don't know. i don't know who he is. i don't know why any of this is happening.
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again, no forced entry. anything from elam's apartment? we've got guys sitting on it in case he comes back. we're monitoring the wireless networks if he uses his cell. what about the shrink that prescribed the depaquel? wouldn't discuss the case because of privilege, but did give us the contact info for elam's mother. all right, i'll handle mr. preston. you go talk to the mother. (victoria) richard's a sweet boy. he wouldn't do something like this. ma'am, we need to know where he is. now. i haven't seen him since tuesday. i've been trying to give him more privacy. he was doing so much better on the depaquel. what were they prescribed for? richarwas diagnosed with paranoid schizophrenia. and when he's not taking his meds, does he get violent? he just imagines things that aren't there. he's never hurt anyone else. but has he hurt himself? the scar on his neck?
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i am so sorry for that woman and her daughter. ma'am, we need to find your son. he's not answering his cell. can you think of any friends he might've gone to for help? richard's not social. almost all his friends are on the compur. this list is from his website. can you tell me if any of these names are peoplee knows in the real world? that o. "deathferret"? they're a music group. he said he knew their singer. richard was going to see them perform thursday night. yeah, elam. psychopath. where is he? how the hell should i know? isn't he one of your friends? no. i just use b-frendz to promote the band. i never even met the dude until he came to the show last week and started a fight. screaming about being the messiah or something. you seen or talked to him since? i don't know him, all right? but because my name's "rich" and my band has "death" in its name, i'm gettin' hassled by you and flamed by like a million people who think i'm the killer! get you ass back here. hey!
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who do you think's having a worse day? come here. you've got about ten seconds to give me the name of somebody who does know him otherwise you can forget about your little concert here tonight. vic dka. he in a band, too? he's just a club kid. but on b-frendz he's like some kind of god. he sends me names to put on the comp list for the shows. normally just chicks at he wants to bone. but he's the one that told me to put elam on the list. and he took elam out of here ter the fight. look, i'd love to help, yo, but now ain't exactly a good time for vic, you feel me? feel this. i said we're looking for richard elam! i hardly know the guy. i got him on the list for some bands when he gave me some free mp3s. that's it. send him a message. tell him you want to meet. he won't answer. he e-mailed from a new account. said he's going off the grid and moving to cada, like a sign-off. when was this?
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i'll call citu. get me that new e-mail address. anyou two, go home to your parents. now! (nina) elam logged on 45 minutes ago from a coffee shop outside of new paltz. owner of the place said he was on-line about ten minutes and hit the road. the owner see anyone with him? there wasomeone in elam's backseat, but he didn't see a face. but she was still alive? he said there was movement. when he thought about it, it was like restricted movement. like she was tied up or something. well if elam is in new ltz, that means he's on the thruway. could be heading to the catskills? (anita) he could be anywhere. and with all those pictures of molly, he's obviously obsessed. and the father knew nothing about it. he didn't seem hip enough to control a teenage girl's on-line activity. yeah, well, i might not be either. we got a hit off the amber alert. elam's suv was seen getting off the thruway near coxsackie. go, i'll get the local pd up to speed. (officer) there were no plates, but it matches the description of your vehicle. and the clerk says the guy who checked in last night matches your perp. room's empty. he must be on foot. clerk say if a girl was with him? didn't seene.
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without anybody knowing. detectives, just got a report of a carjacking. two miles from here. man and a teenage girl. both matching your descriptions. blue sedan, heading north on highway 9. all right, we're following you. [sirens wailing] [molly screaming] [elam screaming] she needs me! she needs me! get him out of here. molly, tell them we're friends. tell them we're friends. molly! molly! i am the savior! i am the savior! i am the savior. we're friends.
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did he hurt you? molly, did he touch you? it's okay. molly! molly! molly!
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(bailiff) docket number 51284. people v. robert elam on the charges of murder in the first degree, kidnapping in the first degree, rape in the first degree, computer trespass, assault on a police officer, and resisting arrest. quite a laundry list. how does the defendant plead? i had to save her. i had to save molly. mr. gaines? not guilty, your honor. people on bail? the defendant is violent and may target more victims if he gains access to a computer. remand seems appropriate. (defense lawyer) no argument. we just ask that mr. elam be given a 730 exam to determine h competence to stand trial. 730 ordered. remand to bellevue. [gavel bangs] don't-- you don't understand... get off me! you don't understand. you don't understand. get off me! get off! cards on the table. you've got a mountain of evidence and four felonies for the jury to chose from. sounds right.
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into committing murder. before this goes any further, there's something you need to hear. molly asked me to do it. i had to do it. you're saying she asked you to murder her mother? when? [clearing his throat] on herebsite. she wrote about these horr-- these horrible beatings. (defense lawyer) molly preston maintained a web page on b-frendz that outlined a number of abuses her mother committed against her. horrible-- horrible beatings. we've seen molly's b-frendz page. there was no mention of abuse anywhere. she sanitized it. she was a whore. you're talking about molly? no, her mother. molly said she's a whore. richard, if you were trying to save molly, why did you rape her? (defense lawyer) it's not rape
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are you saying molly preston offered your client sex to kill her mother? the whore has to die. (defense lawyer) he responded to her web page. they spoke over instant message. they discussed details of the crime. including how to get into the house and what he should do to the mother. molly also met with him face to face. (jack) where? (defense lawyer) richard. you said you went to lunch with molly. where was that? we met and she kissed me. we kissed. your clien has an obsession. all this sounds like a fantasy. but for meeting molly preston on-line, richard elam never would have committed these crimes. add his illness to her web page, there's no way a jury's gonna find him responsible for his actions. man one. ten years. psychiatric treatment. we won't discuss a plea until we've proved his allegations.
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out from under 25 to life? i'm her savior. (connie) b-frendz sent me a link to molly's old web page. two days before caroline preston's death the page was changed. lien to this. "she's a whore. she nearly broke my arm today. "what do i have to do to get rid of her? someone please help. the whore has to die." elam wasn't hallucinating. "if someone were to end my pain "and make that whore go away forever, i'd give anything-- even my body." she offered sex. just like elam said. do you want to say it or should i? solicitation. sounds like the rantings of a teenage girl in her diary. a diy is locked with a key and hidden under your pillow. this was on-line where anyone cld see it. molly didn't post her last name. any good defense lawyer is going to argue that there's a perceived expectation of privacy. on the world wide web?
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people go there to be seen. but do we really think she intended for somebody to see this and take action? pretty 16-year-old girls are just as capable of mens rea as anybody else. five minutes ago, she was the victim in this case. do we even know if they had any contact before the kidnapping? there's no evidence of any e-mails or instant messaging on any computer in her house. but on this version of the web page, rewind99 is listed as a friend. it's proof of contact. see, elam couldn't be listed unless molly received a message from him and made the decision to friend him. she offers sex for murder, arthur, in a forum where the rule of law has only a tenuous foothold. all right, sit down with molly. but if it looks like you're barking up the wrong tree, back off of it. because pointing a finger at a 16-year-old rape victim is the last thing this case or this office needs. my mom and i fought, but it was no big deal. why did you change your web page?
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come on, you never fought with your mom and said things you didn't mean? richard elam says you asked him to do this. he said you told him where you lived and how to get into your house. that's crazy. he also said you met him in person. i never met him until he kidnapped and raped me. i was venting. b-frendz is like a place where i can talk to people and no one judges, you know? i just needed someone to open up to. you didn't try talking to your dad? he'd take her side. i was just looking for someone to talk to. i can't help it if some lunatic took what i said seriously. are you gonna answer that? what? your cell one. it's a bumblebee ring tone-- ultra high frequency, right? adults aren't supposed to be able to hear that. (connie) it's he said, she said.
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