Advertise your product or brand here contact www.OpenSubtitles.org today
Ladies and gentlemen, before we begin,
it is my duty to remind you that a grand jury proceeding is not a trial.
As you can see, there is no judge in the room here with us,
no defense attorneys.
This is an investigatory process, at the end of which
you will be asked to decide whether or not I have provided you
with sufficient evidence to grant a true bill of indictment.
If so, I may take the case to superior court.
If not, if you return a decision of "no bill,"
then this case ends here, today.
Could you state your name for the record, please?
You were asked to state your name.
Andrew Stephen Barber.
Little louder, if you don't mind.
Andrew Stephen Barber.
Can you state your occupation, please?
I was an assistant district attorney in this building for ten years.
"Was"?
So you're no longer employed as a prosecutor
for Middlesex County, is that correct?
Yes. That's right.
Mr. Barber...
Andy.
I assume you're familiar with your Fifth Amendment rights?
I would hope so.
And you've waived them, correct?
I'm here, aren't I?
Would you agree that it's a little unusual, given the circumstances?
I don't have any tricks up my sleeve, if that's what you're getting at.
- No one was implying that. - Yes, you were. So would I.
I'm here 'cause I believe in the system and just want the truth to come out.
Well, let's get started on the truth then.
I'd like to begin by reading a quote from The Boston Globe
that ran a few weeks ago.
"They became national news,
an object of fascination for both the NPR set and the TMZ crowd,
the subject of a popular podcast,
hundreds of editorials and countless articles.
So it's easy to forget that less than a year ago
their lives were as mundane and uneventful as our own.
Is there such a thing as the perfect family? Of course not.
But the Barber family was a happy family,
and if there was anything truly special about them, it was this."
I wonder if you'd agree.
Is that an accurate description of your family
on the morning that Ben Rifkin was murdered?
"Happy"?
Yes.
Hey. Come on. Time to get up.
Let's go. Rise and shine.
Jake? Gotta see those eyes.
All right. You leave me no choice.
Last chance.
- I'm up. I'm up. - There he is!
Morning, buddy.
Can you quiz me on vocab? I have a test today.
- Oh. Good morning to you too. - Morning, Mom.
You need a ride today, or are you walking?
No, I'll walk. Did you get new waffles?
I did if you put them on my list. "Perspicacious."
"Having a keen understanding." They're not in here.
- Did you put them on my list? - Yes.
Then they're in there. "Cursory."
"Brief and lacking depth." I don't see them.
Second shelf next to the peas. "Myopic."
I'm telling you, they're not...
- "Myopic." - "Possessing a narrow view."
How was the run?
- "Recalcitrant." - Yikes.
Vocab test.
Hey, would you throw one of those in there for me, buddy?
"Recalcitrant." I don't know.
- "Defying authority." - Are you sure? Let me see.
- That's what it says. - Where'd you run?
Along Boylston. I got lost in that history podcast I told you about.
I think you'd really like it.
- I'll check it out. - No, you won't.
Oh, Claudia Hoffman e-mailed me again.
Who?
Lizzy's sister. The travel agent?
- Oh, right, right. Mexico. - Yeah.
What about Mexico?
We're thinking about going there for Christmas. Three of us. What do you think?
Cool.
- You might be a little more excited. - I am.
Well, tell your face.
You love that line.
You really do.
Look, we need to make a decision.
Should we go?
I mean, Jake is obviously ecstatic.
No, he's beside himself.
I wouldn't wanna break his heart.
What kind of parents would we be?
Hilarious.
- So are we going? - I say yes. Yes to Mexico.
Great. I'll call her.
All right, I've got an early meeting, so I'm jumping in the shower.
Okay.
- Will you finish quizzing him? - Yeah.
- Bye, honey. - Bye.
"Phlegmatic."
I'll see you later, okay?
Your Honor, I need a couple minutes to explain.
You'll have that opportunity in pretrial, Mr. Molloy.
The charge is distribution of a class A substance.
Such bullshit.
Bail is set at $1,000 cash or 10,000 personal recognizance.
Come on. Are you kidding me?
- Thank you, Your Honor. - What the hell are you thanking her for?
Pretrial conference is scheduled for May 24th.
Next.
Please.
Indictment number 17-2832, Commonwealth versus William J. Moore.
Charge is one count of aggravated assault.
Is Mr. Moore's attorney present?
Good morning, Your Honor.
Commonwealth?
Your Honor, I'm afraid we have to insist on a continuance
on the grounds that we've been unable to interview a necessary witness.
This court already granted you a continuance four months ago.
Yes, Your Honor, but this witness has been very difficult to locate.
Without getting into detail, it has to do with her choice of lifestyle.
She's an escort, Your Honor,
like her friend, who the defendant is accused of battering.
Since this was an issue last time, I had a state trooper track her down.
It only took a day.
She corroborated her friend's account of the assault.
She also said the defense had already questioned her.
Maybe he forgot to take notes.
- Your Honor, if I may just elaborate... - No, you may not.
Continuance is denied. Trial is set for three weeks from today.
Next.
All right, you're due back in for a session in 15 minutes,
then meeting with Lynn, her office.
I think she wants an update on the Willis case.
Oh. That makes two of us. Bobby, you guys out of peach?
Could be. Let me check the back.
Thanks. How's the hip?
You know, worse than yesterday, better than tomorrow.
You wanted a conference with Judge French in chambers.
His clerk says he has a 2:30, if you want that.
Thank you.
Hey.
Oh, Jesus. Okay. Where?
Okay. Yeah, I'll meet you over there.
Something wrong?
You're a lucky man, Mr. B. Only got one left.
- Thanks. - What is it?
We gotta clear the rest of my day.
It's looking very good. No. Doing good.
Be careful taking that out. We don't wanna make a mess.
That's what she said.
What are we doing here? What are you dipping? That is...
Attention. Archer is now on lockdown, effective immediately.
All students are to remain in their classrooms...
All right. Okay.
Guys, I can't hear the announcement.
Over here, against the wall, please. Sit down. Stay quiet.
Repeat. We are now on lockdown.
News didn't take long.
- Yeah. It's gonna be a real shitstorm. - Yeah.
Let's go.
She's the one who found the body?
And the kid's backpack, which is how they managed to ID him.
Name's Benjamin Rifkin, 14 years old, stabbed three times in the chest.
Oh, fuck.
He's Jacob's year at Archer. Jesus Christ. His poor parents.
I take it you know them.
No, not that well.
Anyway, keep going.
ME thinks he was dead less than an hour before he was found.
Stabbing probably took place on or near the jogging trail.
- There's a lot of cast-off on the grounds. - Hey, hey, hey.
It's okay. Detective Duffy is with our office.
Let 'em through. The fuck's wrong with you?
Sorry, Duff. It's been a shit morning.
There's nothing worse than a kid.
Our thinking is, the attack took place over there,
then the body fell or was pushed down the hill.
Doesn't look like any effort was made to conceal it.
This way. Watch your step.
The lady who found him said he was facedown.
She thought maybe he was sick, so she rolled him over,
took one good look at him and freaked.
Crabbed away on her palms and knees, then got up and ran.
Basically fucked the whole scene.
Excuse me. I have to take this.
Jacob. You okay?
Yeah. The school's on lockdown, but nobody knows why.
I know, it's...
Look, I can't talk about it right now, okay, buddy?
Just listen to your teachers, do exactly what they say.
Yeah, but you do know why. I mean, is there some psycho shooter?
No, it's nothing like that. You're safe. I promise.
Jake?
Okay.
Dad?
Yeah.
What is it, buddy?
Nothing.
You sure?
Yeah.
Okay, I gotta go. I'll see you back at home though, okay?
I love you very much.
- All right. I love you too. - Bye.
So no one in the park heard anything, saw anything?
We're still asking around.
If we find his cell phone, we can probably track his movements.
- His phone's missing? - Wasn't in his backpack or on his person.
We're thinking the perp might have taken it.
What about a weapon?
Nothing yet. The park's a good 65 acres though.
That's gonna be a haystack.
"Children are the living messages we send to a time we will not see."
That quote from John F. Kennedy
speaks directly to our work here at Children's Cottage,
where our mission has always been to nurture those who need it most:
abused, neglected and traumatized youth in the greater Boston area.
A residential campus provides not just stability and safety...
- Please pause it a sec? - ...but support.
Don't you think I sound stiff?
You sound great.
You're just self-conscious.
I sound like I'm reading a traffic report.
Sorry, guys, my phone is going crazy.
I just feel if we're going to start the gala with this video,
then it really needs to grab people.
Newton schools are on lockdown.
Turn on the news.
We're reporting live from Cold Spring Park,
where earlier today the body of a 14-year-old boy was found.
- The park will remain closed... - Oh, my God.
...until further notice, as detectives continue their investigation.
Honey, it's Mom. Are you okay?
The police are going door-to-door
in the neighborhoods adjacent to Cold Spring Park,
hoping to find anyone who was in the park this morning
and may have seen the victim talking to or having contact with someone else.
A source inside the investigation has confirmed
that two witnesses have come forward so far,
but a suspect has yet to be named.
Newton Police have set up an anonymous hotline for anyone who frequents the park,
in case they have seen any suspicious behavior
or have any information about this tragedy.
In the meantime, this tight-knit community is on edge tonight,
knowing a murderer walks among them.
Can't go this way, buddy. You gotta turn around.
He came home with Derek, so we didn't...
Right.
How's Jennifer doing?
Oh, God. These poor kids.
I did.
Toby said Robin's organizing food for the shiva, so I'm going to call her.
Listen, Andy just got home.
You too. Bye.
- Was that Karen? - Yeah.
Where's Jake?
Upstairs. Derek's over. They're playing video games in his room.
You get a chance to talk to him about it yet?
Not really, with Derek here.
Figure we could talk to him later.
Just came from the Rifkins.
Oh, my God.
I can't even imagine.
It was...
That bad, huh?
Worse.
Do you have any idea who could have done this?
Not yet.
You said there was a fingerprint.
Yeah, partial. No matches so far.
I mean, how could this even happen?
I can't even get my head around it. That park is two blocks away.
I'll tell you one thing, Jacob is never walking to school that way again.
I need some help here!
What are you waiting for?
They're gonna kill me.
You said you got him.
- I do. I see him. - Right there! That guy on the left.
Derek, your dad's here.
Oh, okay.
Get out of here!
Go, go, go!
- Later, Jake. - See you.
Thanks for having me, Mrs. Barber, Mr. Barber.
Anytime.
- You all right? - I guess. Yeah.
Give our best to your parents, okay?
Yeah.
Hey, pal. We wanted to talk to you for a second.
Sure.
We just want to see how you're doing,
how you're feeling about what happened to Ben.
I'm fine. I mean, yeah, it's weird.
But it's not like we were close friends or anything.
Well, still, it must be scary, knowing someone that got murdered.
Someone your age.
I guess. I mean, yeah, a little bit.
You guys were in a class together, right?
Yeah, math.
Was he a nice kid?
Ben? He was all right.
Just all right?
Well, I don't wanna be mean or anything,
but he was kind of full of himself, you know?
Like, he thought he was really cool.
Was he?
To some people, yeah. Girls were into him.
Well, we just want you to know we're here for you, okay?
Whatever you're feeling, you can tell us.
Kinda just did.
Like I said, I didn't really know him that well.
I'm good though. Really.
Okay.
- We love you. - Love you too.
If you change your mind and you want to talk to us...
I know. Thank you.
- Dinner in 30 minutes. Okay, pal? - Okay.
Can I admit something horrible?
The whole time tonight I kept thinking, "Thank God."
"Thank God it was their kid and not mine."
Believe me, everybody thought that.
I just don't think I could survive the loss. I really don't.
Do you remember when Jacob was little, your bedtime routine?
You'd always ask, "How much does Daddy love Jacob?"
- And he'd say, "Too much." - "Too much."
In four years, he'll be going off to college.
- Oh, my God. - Isn't that crazy?
I can't even think about it.
Do you ever wish you'd known your father?
Not really.
When I was younger, sometimes.
From what little my mom told me, sounds like I wasn't missing much.
We should get some sleep.
I know.
I like talking to you.
I love you.
I love you too.
Look at me!
Thanks, Mom.
- Bye, honey. - Bye.
Love you.
I'll meet you in class.
Have a seat.
I thought that press conference went well enough.
They want answers, Andy. So do the boy's parents.
Yeah, so do I. You know as well as I...
- I asked Neal to join us. - Andy.
This isn't an ambush.
I'm just not sure you handling this case is still the best idea.
You're friendly with the parents, your son goes to the same school...
We barely know the parents.
Let me guess, Rasputin here offered to take over?
Neal has legitimate concerns about the appearance of conflict.
And frankly, so do I. Appearances matter.
- Yeah, to voters. - Oh, come on now.
- Sorry. - It's a question of objectivity.
Shut up, Neal.
Are you taking me off the case? Yes or no.
Right now I'm merely asking what you think.
I think I should stay on.
If I were more concerned about my reputation, maybe I'd feel differently.
But unlike Mr. Logiudice here, I'm not gunning for your job.
Fuck off, Andy. Okay?
Hey, I get it. High-profile case, big splashy win... Be a game changer.
You're a real piece of work, you know that?
- Gentlemen. - You're dragging your feet on this case.
The case is going slow 'cause that's how the case is going.
I'm not going to indict someone just to make it look good.
You always told me to push every case as hard as I could.
I am pushing it as hard as I can.
Then why haven't you interviewed any of the kids?
Because it isn't Dorchester High, Neal. It's Newton.
Every single detail has to be negotiated. Half the parents there are lawyers.
Look, we got interviews lined up all day. You wanna send Neal? Be my guest.
I have concerns, I voiced them.
- If you say there's no conflict... - There isn't.
I don't know how you can be the one to make that call.
Because that's the way it works, Neal. I make the calls.
And if I'm wrong, I'll be the one to stand in front of the jury and take the hit.
Okay.
- Thank you. - Of course, Andy.
- I'll keep you updated. - Please do.
We've gotten consent to fingerprint most of the kids.
I think we start with high-priority witnesses.
Ben's close friends, kids known to walk to school through Cold Spring Park.
I'm Lieutenant Duffy. I'm with the state police.
And this is Mr. Barber.
He's the assistant district attorney in charge of the case.
You're Jacob's dad, aren't you?
That's right.
So how well did you know Ben? Was he a friend?
Yeah, I guess.
Tell us about him.
He was okay.
Can you be a little more specific?
He was nice.
Anything else?
I don't know. No, not really.
Can you think of anyone that would've had a reason to wanna hurt Ben?
I don't think so. No.
What about people Ben didn't like?
I don't know. I mean, nobody likes everybody, right?
Wait, are you Jacob Barber's dad?
Can you think of anyone who might have a reason to wanna hurt Ben?
- No. - No.
No.
Did Ben say anything to you that made you think he might be in trouble?
In trouble?
In trouble? How?
Did Ben ever say anything to you to make you think he might be in trouble?
No.
- No. - No.
No.
Was Ben acting differently at all the week that this happened?
- I don't know. - I don't think so.
Never said anything about anyone following him, anyone bothering him?
- No. - Wait, are you Jacob Barber's dad?
Is there anything else you think we should know?
- No. - Not really. No.
- About Ben? - About anything.
No.
Well, thanks for talking with us. This is my card.
It has all my information if you need to get in touch.
- Okay. - Okay.
If anything else occurs to you, even if you think it's nothing...
Like if I heard something?
Exactly. Wait, did you hear something?
No.
Just, you know.
No, we don't.
Can I go now?
- Can I go now? - Can I go now?
Let me know what I miss.
So is there anything else you want to tell me about Ben?
Yeah, send it over.
Okay.
Well, you have both our cards.
If you think of anything else, please feel free to call anytime.
The cop who came to our class said there was a tip line.
Just in case we wanted to say something anonymously or whatever.
That's right.
- Is there something you want to tell us? - No, I was just wondering.
I know your son, Jacob.
Oh, yeah? You guys friends?
I guess so. Well, not exactly. But, I mean, we know each other.
Have you talked to Jacob about this?
About Ben?
Why do you ask?
Sarah.
Must have been some reason you asked that.
I was just asking. Really.
Well, if you think of anything else...
What the hell? Were you following me?
What did you tell them?
None of your business. I'm late for class.
We're no better off than we were yesterday.
These kids are like mafiosos.
- What's this? - Just came in.
Leonard Patz. Indecent A&B on a minor,
lewd and lascivious, indecent A&B on a minor pending.
He's 36 years old,
lives near the park in that condo, the Windsor, or whatever they call it.
Why didn't we know about him before?
He moved to Newton in the last year. Never registered.
One of the ADAs in the child abuse unit flagged him.
- That's the "pending." - What did he do?
Grabbed a kid's package at the public library.
Kid was 15. Only a year older than Ben Rifkin.
He groped a kid and got out on a personal?
Apparently there was some question about the kid's testimony.
We should bring him in.
Keep in mind, the Rifkin kid had no signs of sexual assault.
If we bring this guy in without something tying him to the case...
Right.
He'll lawyer up.
I know you're under a lot of pressure, but if you play this wrong,
you could lose your one chance to talk to him.
Let me sleep on it.
So you're saying there's been little to no progress?
That's not at all what I'm saying.
Look, everyone in this community deserves answers.
And Assistant District Attorney Andrew Barber is pursuing a number of leads.
And I can assure you, a suspect will be apprehended soon.
That was Middlesex County District Attorney Lynn...
Isn't that Andy Barber?
The district attorney...
I wonder if he has news.
- Andy. - Ian, hi.
Man, how fucked up is this?
Very.
So, how's it going with the case? What do we know so far?
Would you excuse me for one second? I just have to find my wife.
- Do we have a suspect? - Sorry. Just...
Toby.
She's over there. Mothering the mothers.
Dylan said they set up an online community thing.
- Hi, Andy. - Hi.
Do you know who did this yet?
Any news about the case?
How did the interviews at Archer go?
Sorry, I'm just gonna steal Laurie for one minute.
- Excuse us, just a second. - Sure.
What are you doing?
Do you have your car here?
No, I came with Toby. I figured you'd drive Jacob and me home.
- Jacob's here too? - Yeah, somewhere.
Okay. Listen, I think I'm gonna go.
- What? You just got here. - No, I shouldn't have come to begin with.
It was a mistake. Trust me.
Okay. But I think I need to stay a little longer.
Toby can drive me back. You can take Jacob with you.
Okay.
- I'll see ya in a while. - All right.
My mom made me dress up.
Yeah.
Your hair looks so pretty.
Thank you. I wish I had my phone to take a picture...
Hey. Ready to go?
- Yeah. Sure. - Did you bring your coat?
Mom put it upstairs with hers.
Okay. I'll find it. Meet me at the front door.
Andy?
Thought that was you.
Forgive me. I've been hiding out up here.
No, no, it's...
I don't want to intrude. I'm sorry.
No, no, no. Please. Come in. Sit.
Sit.
Any news? Since yesterday, I mean?
We should know more soon. Everyone's working around the clock.
I always loved his room.
Joan can't bring herself to come in here, but I can't help it.
I'm in here all the time.
Where you from, Andy?
Me? East Hartford.
- Connecticut, right? - Yeah.
It's a rough area, isn't it?
Can be.
Joan and I grew up in a suburb of Baltimore.
High school sweethearts.
It was a town a lot like this one, to be honest.
Maybe that's why we moved here.
Felt familiar.
Safe.
Boring but safe.
Listen, Dan...
I'm so sorry. I'm...
I'm fuckin' untethered here, man.
Hey. You have every right to be.
The thing I can't get past...
is why did this guy do it?
- Dan, I don't think it's a good idea... - No. Just, please, please.
Ben was good.
He was so good.
Who could feel that kind of rage against him?
I mean, tell me what separates these people?
I wish I knew.
Your son, Jacob... I've seen him around town.
Seems like a nice boy. You and Laurie must be really proud.
We are.
There's nothing you wouldn't do for him, nothing in the world, right?
Yeah. Right.
Hey, come on. We agreed, no phone when I'm driving.
Makes me feel like a chauffeur.
Sorry.
So you got all your homework done?
Yeah. Mom made me finish Catcher in the Rye.
Even though it's not due till, like, next week.
What'd you think?
It was pretty good, I guess.
- You know the deal with his name? - Who? J.D. Salinger?
No, Holden Caulfield. The kid from the book.
Ms. Sprung says it's symbolic.
So, like, the name "Holden" is supposed to be like, "hold in."
And "caul" is another name for a womb.
And "field" is like the field of rye from the poem.
Huh. Never thought about that.
I don't know. It's kind of annoying actually.
I feel like all the books she gives us,
they always have these, like, metaphors and similes and symbols
that you're supposed to figure out, but it's just, like, who cares?
Just tell the freaking story. Why do you need all these layers to decode?
Just say what you mean.
You got a point.
Right? I don't know. It just bugs me.
The book is right about one thing though. How phony most people are.
I remember that about it.
It's like even tonight.
You thought people were being phony tonight?
Some. Yeah.
Kids especially.
I'm not saying they're not upset,
but it's like they're acting the way they think they're supposed to act.
Like they've seen in movies or whatever.
You know what I mean?
Yeah. I do, actually.
And nobody's gonna call them out on it, 'cause then you look like a jerk.
Did you get to eat anything back there?
Just a little.
So the doctor gives him one of those...
It's like a plastic cup with a lid on it.
- Like a canister? - Yeah.
All right. So the doctor gives him a canister,
says, "Come back tomorrow with a semen sample."
- Buddy. - So the old man, he goes home,
comes back the next day with an empty canister.
The old man says, "Listen, Doc,
first I tried with my right hand, and it didn't work.
Then I tried with my left hand, and it still didn't work.
Then my wife tried it with her right hand, and it didn't work."
Seriously?
"She tried with her left hand, didn't work.
So then she called over the neighbor, the neighbor tried with her right hand,
still didn't work.
Then she tried with her left hand,
but no matter what, we could not get this damn cap off."
- All right. - There you go.
- Thank you. - Thank you.
- That was good. - Enjoy.
That was good. That got me. I didn't see that coming.
I'm exhausted. I'm going up.
- Okay. - You?
Yeah, a couple minutes.
- Night, honey. - Night.
Hey, I wake you?
Yeah, pretty much.
Yeah. Yeah, I wanna bring him in.
I am. Okay. Thanks, Duff.
Support us and become VIP member to remove all ads from www.OpenSubtitles.org