(footsteps approaching)
(indistinct radio transmissions)
(indistinct radio transmissions continue)
(indistinct radio transmissions)
(door hinges squeaking)
(wood creaking)
♪ ♪
(hinges squeaking)
(switches clicking)
(clattering, creaking)
(sighs)
Hey.
It's okay.
I'm not gonna hurt you.
Are you all right?
Hungry, I bet, huh?
Freeze!
NYPD!
(engine revving)
(tires squealing)
(engine revving)
(tires squealing)
(thunder crashing)
(siren wailing)
This is Detective Bonasera. I need backup.
In pursuit of a subject vehicle.
Suspect is headed north on Amsterdam Avenue at 97th.
It's a small pickup truck, silver in color,
tailgate missing, right rear light is broken.
New York license plate AQT543.
(truck horn blasting)
(tires screeching)
(metal crunching)
(glass breaking, loud crashing)
(metallic scraping)
(groaning)
(panting)
(Bonasera groans)
(car door closes)
Give me your hand.
Come on, damn it!
We have to do this together.
(gasps)
(panting)
Captioning sponsored by CBS
CSI NY PRODUCTIONS
and TOYOTA. Moving Forward.
♪ Out here in the fields ♪
♪ I fight for my meals ♪
♪ I get my back into my living ♪
♪ Yeah, yeah, yeah, yeah. ♪
Whatever it is, it looks serious.
Waiting for the results of an autopsy.
Been hovering outside of Sid's office
until he finally banished me.
We pick up a case I don't know about?
Marina Garito.
How many business cards do you hand out a week
to friends and family of victims and say,
"If you need anything, give me a call?"
Countless.
Marina Garito called me every Monday at 8:00 sharp,
without fail, for three years.
Always asking the same question.
Wanting to know if there were any new leads
in her brother's case.
Her brother was murdered?
Luke Garito was eight years old when he went missing
15 years ago.
He was presumed dead.
Marina was relentless in her search for answers.
Calling with potential leads,
names of possible suspects.
Last Monday, she left me a message.
Said she was close
to the biggest break in the case yet.
I have no idea what she meant,
'cause I was, uh...
I was too busy to get back to her.
Last night, she was rushed to Trinity General Hospital.
Gunshot wound, dead on arrival.
I completed my autopsy of Marina Garito.
She committed suicide.
What?
Sid, that's just not possible.
(sighs)
Self-inflicted gunshot wound.
Was there any bruising,
or defensive injuries suggesting a struggle?
No.
What about gunshot residue?
SEM picked up trace amounts of GSR
on our victim's right hand.
It's consistent with her handedness
and the location of the wound on the body.
There's got to be another explanation for this.
I'm sorry, Stella,
but there's nothing here that hints at foul play.
Was suicide
the preliminary determination of the officers at the scene?
Yes. And my postmortem
examination of the victim confirms it.
I believe the crime report mentions that they found a note.
So, that's it? Case closed?
It's not my call.
Oh, come on, Sid. You and I
both know that once suicide is suggested,
proper protocol of a homicide investigation,
both at the scene and with the body, is dismissed.
Things get overlooked.
SID: Well, that may be the case in the field,
but certainly not here
in the medical examiner's office.
This young woman had reason to live.
She would not have done this.
SID: I've seen hundreds of cases
with the very same set of circumstances,
and I've arrived at the exact same result.
Maybe this time you're wrong.
All right...
No, I'm sorry.
If there is one thing I am sure of,
it's that Marina Garito did not kill herself.
This was murder.
Don't take it personally, Sid.
Stella worked through the night.
She's tired.
We're both disappointed, I suppose.
Disappointed?
That we didn't get any answers for Marina about her brother.
It's been three years
since Stella entered Luke Garito's DNA sample
into the Missing Persons database.
Our hope was that it would match a John Doe
that came in somewhere,
but time after time,
nothing, we never got a hit.
Then last night, Marina's body was brought in.
So I called Stella.
And her suicide made you think
she gave up?
On us, yeah.
This all feels more tragic
because Luke and Marina were twins.
You know, and they say there's a bond.
I wish there was something more
I could have done for her, for them.
(sighs)
It's been almost 15 years
since Luke disappeared.
But each morning I wake up,
I don't think about it being another day that
I haven't seen my brother.
For me, it's another day closer to him coming home.
Of course sometimes, it's hard to remain optimistic.
Reality sets in,
and I could see the possibility that he's actually dead.
It makes it easier,
because it helps me erase the image
that Luke is...
sitting somewhere,
alone,
waiting, wondering,
"Where haven't they come to get me?
Where are they?"
It's strange.
When I do let myself imagine that we find him,
I have my arms around him, but, uh,
he's still an eight-year-old boy.
I hope he's okay.
We've got to find something that at least shows motive.
Right, and we can't do that
without access to Marina's apartment.
And Mac needs cause
to secure it as a crime scene.
Yeah. We need evidence to get the evidence.
Well, what about the fact
that women rarely commit suicide with guns?
Their method is usually overdose or poison.
You want to guess what the DA's going to say to that?
You know, the odds are definitely stacked against us, Stell.
I've read the police report.
There was as suicide letter
sent to her family and friends.
"It's time I end it all. Free myself.
"This is the only way I know how.
Leaving here is my only option."
This is all typed on a computer, Hawkes.
Anybody could have written it.
Marina closed bank accounts, paid her bills.
She made a large cash contribution to charity.
All signs of a plan to attempt suicide.
I mean, not to mention, her prints were
on the gun we recovered from the scene.
Well, the killer could have put the gun in her hands.
Stella, I'm all for women's intuition and gut instinct,
but what is it, exactly, that makes you think
Marina Garito didn't take her own life?
She wasn't finished, Lindsay.
She hadn't found her brother yet.
They were eight years old when he went missing.
When I met her, she was 21.
She was dedicated to finding him.
She had notebooks with names, places, questions,
possible witnesses.
I remember her face, the look in her eyes
when she first came to me for help.
Excuse me.
Hi. I don't exactly know how to do this,
but my brother is missing,
and, uh, I have his hat.
And I've been told that it might help.
You're going to have to file a missing persons report.
Uh, this might take a while.
So, I'm sorry, but if you just have a seat...
How long has your brother been missing?
12 years.
What's your name?
Marina.
Okay, Marina. Let's see what we can do.
Thank you.
And every Monday after that,
she would call me.
And there was always this determination
and hope in her voice.
She wasn't going to stop until she got answers.
Maybe after all this time, she lost that hope.
She surrendered.
No. I don't believe Marina Garito gave up.
(elevator bell dings)
(indistinct chattering)
I'd, uh, be more than happy to help you.
You look a little lost.
Oh, no. I was told to wait right by the elevator.
The lost look is me just taking this all in.
I've never seen a crime lab before.
You know, I could give you a tour,
uh, show you some epithelials
under the microscope.
Seen plenty of epithelials, but thank you.
Ah. Biologist?
Doctor.
Dermatologist?
Doctor.
Dermatologist?
Emergency room.
Single?
Cute.
(chuckles)
Mac.
Boss.
Hey, Aubrey.
Hi.
I've got some work to do here.
Your call was a pleasant surprise.
Come on in to my office.
I have to admit, it was a little, uh, selfish
on my part. I really wanted to see
the crime lab.
So I figured I'd kill two birds
with one stone
and bring these down myself.
What are these?
A young woman came into emergency last night.
A Marina Garito.
I figured you needed her clothing for your investigation.
Usually somebody comes by from the precinct,
but nobody showed.
Her death was determined a suicide.
Investigation's been closed.
Really?
Sounds like you have another opinion, Doctor.
Uh, no.
No. I'm way out of my league here,
so...
Huh. Okay.
Well... Yeah, there you go.
I-I didn't mean to bother you, so... Okay.
It was really good to see you, Mac.
Let me just mention cadaveric spasm.
Instantaneous rigor.
You moonlight as a pathologist?
No.
Just got back from Afghanistan.
I was working as a doctor in the Air Force Reserves.
Really?
Yeah.
Looks like you know something about that yourself.
Cadaveric spasm?
Yeah. Occasionally, I would notice
a soldier's hand that was clinched with nothing inside.
The rigor marks the last activity
of the victim and is usually associated with a violent death.
The soldiers' clenched hands
were trying to hold on to their weapon.
Yes.
Last night, I noticed Marina Garito's left hand
was tightly clenched the same way.
(alarm sounding)
Clear!
You're sure it was her left hand?
Yeah.
Mac, this is the first sign
that suggests that Marina may have struggled or resisted.
Now, the reason Sid didn't see it is because
by the time he received the body from the hospital,
rigor had broken.
It doesn't rule out suicide.
Sid's GSR result still puts the gun in Marina's right hand.
But it gives us cause to investigate.
Yes, it does.
All right.
Now, cadaveric spasm captures their last attempt
to grasp onto something to save themselves.
I believe that's exactly what happened with Marina.
She reached out to grab onto something, to clench something.
The question is what?
And why?
(camera shutter clicking)
♪ ♪
No witnesses.
Most of Marina's neighbors
were either sleeping or not at home.
One guy thought he heard a ruckus, called the police,
but never bothered getting off his couch to check things out.
Possible signs of a struggle.
You're not buying it?
A gunshot wound to the stomach's pretty effective,
but not instantly fatal, right?
Let's say Marina fires the gun...
(gunshot, Marina cries out)
...and she knocks all this stuff over
as she stumbles across the floor
to try to get to her phone to call for help.
'Cause we both know, most suicide attempts fail
because the victims regret the act
the moment they commit to it.
Or...
Marina was struggling
with the shooter for the gun.
It discharges.
(gunshot)
It discharges.
(gunshot)
He marks her prints on the gun, flees.
She's still conscious.
So she struggles over to get her cell phone and call for help.
Either way, it could be the cell phone
that her left hand was clutching,
and she fell unconscious before she was able
to make the call, but...
there are no signs of forced entry, Stella.
So it was someone she knew.
A hamburger and fries
is not exactly a last meal.
FLACK: Are you kidding me?
These are from the Shake Shack.
All right, I get it.
More evidence supports suicide than murder.
You think I'm trying too hard?
We all have a Marina Garito, Stella.
John Brennan calls the station house once a month,
and anyone who answers the phone
gets a story about how his wife was murdered,
and the man who's responsible is still out there.
And it breaks your heart,
because you don't have any answers for him.
But what can you do?
Tell me. On those Mondays when you got those calls,
after you hung up the phone, what did you do?
You can't do much.
Because you're chasing bad guys who are out there right now,
and the evidence on those old cases gets cold
and the witnesses don't remember
half of what they used to, and...
You're right. But I just can't
stop thinking that I should have done more
to help her find her brother.
You took her calls every Monday.
That's a lot.
Humor me.
Let's search the place before we head out.
Sure.
Thanks.
FLACK: Nothing out here screams breaking and entering.
(Bonasera grunts)
Stella!
Flack!
I'm going down the fire escape.
Hey, Flack! I'm on him!
FLACK: I'm on it!
FLACK: I got him!
It's Flack. I need backup at the Westside Rec Center.
(gasps)
(gunshot)
What the hell?
Oh, my God.
(inhales sharply)
(gasping)
(cries out)
Freeze!
(grunts in pain)
Stella!
MAN (over P.A.): Dr. Burcham to Room 101, please.
Dr. Burcham to Room 101.
(indistinct chattering nearby)
MARINA: My mother was crying.
There was so much noise,
so many people.
My stepfather was talking to the police.
He remembered the sound of an ice cream truck.
(whimsical music playing)
My brother's bike was on the stoop,
but he wasn't.
And the hardest part of it all...
that I looked exactly like him.
Twins.
I was a constant reminder of what had happened,
of who was missing.
(voice breaking): And I hated my face.
My mother died, a year later.
All right, I'm gonna write you a prescription for the pain.
Thank you.
Hey.
She's gonna be fine.
Thanks.
Before you even think about it, I am not going on sick leave.
Didn't cross my mind.
I do want you to take it easy, though.
The man who attacked you, you're sure it was Tony Dirisa?
Absolutely.
It was Marina's stepfather.
Description of Dirisa just went out on Teletype.
All commands have been notified: airports, bus terminals, train stations.
Plus we're sitting on his job and all his regular haunts.
Well, despite all that's happened,
we still don't have proof
that Marina's death was murder and not suicide.
She was murdered because she found the answer.
That's what she meant when she said she was getting close.
She found her brother's killer,
and her brother's killer found her.
I put my money on Dirisa.
He was a person of interest
when Luke Garito went missing,
but there wasn't enough evidence to even arrest them.
Well, there was a reason why he was in that apartment.
I think the answer to that is floating in a blue tile pool.
♪ ♪
HAWKES: Vesicles just underneath the skin.
You're sure?
HAWKES: Vesicles just underneath the skin.
You're sure?
Positive. Common with acute irritant contact dermatitis.
More specifically, a metal allergy.
Suggests she came
into contact with something
she was allergic to just prior to death.
Confirms my findings.
I swabbed the palm of Marina's hand
and found very small traces of nickel.
Which would cause this type eczematous reaction.
Possibly a clue to what she was gripping in her left hand.
Sid, you called me down here
to confirm your discovery of a rash?
I'm a little cautious after this morning, Sheldon.
I feel better with a second opinion.
I would've concluded suicide same as you.
You don't know that for sure.
Experience is a curse sometimes.
Things start to get routine,
and at the first sign of an answer,
you leap in a familiar direction
without asking, "Is there another possibility?"
The forensic clues at a scene and on the victim's body
tells us what path to take in an autopsy.
That's something we don't dictate.
If a victim's found with ligature marks on the neck,
we're not considering poisoning as cause of death.
You taught me that.
I know.
(chuckles)
I just feel bad.
Sid...
We're not always right,
but it's not always because we're wrong.
Hey,
how's Stella?
Tough as ever.
Good.
(camera shutter clicking)
(sniffs)
This French fry is not a French fry.
(computer trilling)
(beeping)
(device whirring)
Hey, what do you got?
It's foam.
The French fry I collected at the scene?
It's morphology is a match to polyurethane;
everyday furniture foam.
The French fry is foam.
And the rest of them?
Greasy French fries.
(computer trilling, beeping)
HAWKES: GSR.
I swabbed that from
the terminal surface of the foam fry.
Foam and GSR.
It's possible...
What?
GSR is gunshot residue.
If what I'm thinking is right, it would explain everything.
I'll get Mac and Stella.
You get Adam, tell him to bring his pillow.
Where we going?
Reconstruction.
Where we going?
Reconstruction.
What are you thinking?
You'll find out!
(gunshot)
And there you go.
ROSS: That looks exactly like a French fry.
When the bullet perforated the soft material of the pillow,
it punched out a piece of foam.
The bullet was forcing what was in front of it out.
Right.
And when the heat from the bullet
made initial contact with our foam slice,
it left these dark edges, leaving behind GSR,
making it look like a French fry.
Which explains why the first on the scene never found it.
HAWKES: Right.
BONASERA: It looked exactly like the other food
in the apartment-- that's what I thought it was.
We've just proven
Marina's suicide was murder.
Really?
I-I don't get it.
How did we do that?
The French fry...
the foam slice found
in Marina's living room is proof that
a pillow was used as a silencer.
(gunshot)
Anyone who's committing suicide
isn't concerned with muffling the sound of a gun.
Which proves that Marina did not kill herself.
All right, that leaves us with Tony Dirisa.
Okay, I'm with you all the way up until the Tony Dirisa part.
The pillow I collected at the pool
didn't have a bullet hole in it.
It's the psychology of guilt, Adam.
Tony Dirisa shot Marina
and used a pillow as a silencer.
The whole French fry thing.
Right. And then
he took that pillow with him when he fled the scene.
Okay, makes sense; he doesn't want to leave the evidence.
LINDSAY: But then he started to overthink things.
A guilty conscience needs no accuser.
Tony Dirisa went back to the apartment
to get this pillow, not because it had a bullet hole in it;
because it didn't.
He thought it would seem weird
that the sofa had one pillow,
and somehow we'd be on to him.
His biggest mistake was going back.
If he hadn't, we might never have connected him
to the French fry.
Okay, we're done. We got him.
BONASERA: No.
We can only prove that he took the pillow.
We need to put Tony Dirisa in that apartment
and put that gun in his hand.
(gunshot, Marina gasps)
What the hell just happened?
(sighs)
Whoa!
I'm not liking the body language.
(sighs)
The bullet that Sid extracted
from Marina Garito is definitely from this gun.
It's the same gun that the guys from
the 37th recovered from her apartment.
But no connection to Dirisa?
No. I was hoping to match the DNA on the weapon
to Dirisa's blood collected from the pool.
But it was wiped down pretty good.
I did, however, get
a case-to-case hit on the bullet's striae.
This gun was used a week ago
in a bodega robbery, and a bullet was pulled from the wall.
They get a description of the shooter?
Asian-American male between the age of 17 to 20.
So a kid robs a bodega, and then sold or discarded the gun,
and somehow Tony Dirisa ended up with it?
Mm-hmm. Now, look, I know this is kind of a long shot,
but I can chase this, boss, okay?
We get the surveillance footage from the bodega,
hopefully ID the kid, he gets a little nervous
'cause he now thinks he's connected to a gun
that just killed a woman,
he flips, we ID the guy that he just sold the gun to.
Well, if it's Tony Dirisa, great.
If it's not, you're chasing every place
the gun's been in the last week.
Could be three people, could be 20.
I think we're running out of time, Adam.
Dirisa's gotta be nervous.
He knows we know it's him.
The next logical step would be
to get out of town, and we got to find him before he does.
Lindsay Messer!
I need a witness.
What is this?
Uh... a swatch of fabric.
I saw those in Marina's apartment.
She as a designer for her stepfather's textile company.
Right. Looks normal, yeah?
Yeah.
Does it feel normal?
Yes.
Yes. All right.
Well, now grab the other end with these.
Okay, you ready?
What are we doing?
Just give it a second.
And boom.
What the hell was that?
The answer.
Marina's hand was clenched around this piece of fabric.
It's imported from Italy to one specific
textile distributor here in the city,
Dirisa Textile.
Okay, you guys are gonna have to get to the razzle-dazzle part
'cause I'm not seeing anything we can make an arrest on.
It's memory textile.
External stimulus, like temperature,
cause the fabric to change shape.
DANNY: And it first reacted to the heat from the light table.
It's made out of equal parts nickel and titanium.
Nitinol,
which is an alloy known for its unique properties
of super elasticity and shape memory.
And Hawke said that Sid found a rash on Marina's hand.
It was an allergic reaction to nickel.
It's from this swatch of fabric.
But Marina wasn't holding anything at the scene
or at the hospital.
Yes, she was,
they just didn't see it because Marina's body temperature
warmed the swatch and it retracted.
It was hidden under the folds of her fingers.
Postmortem, her body temperature
significantly dropped,
causing the fabric to uncoil, flatten
and easily slip through her fingers.
Probably in the ambulance or in the gurney,
which is why it was included in the collection of her clothes.
So Marina clenched this fabric in her fist
because she knew she held the clue to her killer's identity.
MARINA: Tony married my mom when we were five.
He loved her a lot.
But you could tell that kids were a big adjustment.
YOUNG MARINA: Ready or not, here I come.
How many times I got to tell you to put that bike away.
MARINA: He tried really hard.
He took care of me.
He and Luke...
it was tough for them.
I... I don't think he meant to do it.
You're not my dad!
Get over here.
Let me go!
Get over here.
Let me go!
Let go!
Not your father, huh?
Stop it!
My arm! Ah!
(thudding)
Oh, Luke. Luke, I'm sorry. Luke?
MARINA (voice breaking): I stayed in there for a while,
hoping this-this isn't real,
and I was wondering
who's going to take care of me.
(sobbing): What will happen to me if I tell the truth?
And would my mom love me anymore
if they both went away?
No one asked me what happened.
So I just forgot.
What's going on?
One of Flack's CI's just got an emergency request
for some forged documents-- passport and ID.
Sounds like Tony Dirisa's getting out of town.
Yep. And Flack and I are going to go help him through security.
(sighs)
MARINA: "Detective Bonasera,
"I want to thank you for all that you've done
"in trying to help me find my brother.
"Finally, I can put this all to rest now.
"I know what happened.
"I know who did it.
I knew all along."
Repressed memory-- that's what they call it.
I was in college
and someone asked me about my missing brother.
And he said why had nothing been done.
So I got angry,
and I started to ask my own questions.
Talked to investigators,
looked for answers.
Two weeks ago...
I went back there.
Back to the house where we lived.
And I remembered it all.
Is this where you pointed the gun
right before you shot her, huh?
Or was it here?
Hey, let go of me.
Or was it here?
Hey, let go of me.
Take it easy, Mr. Dirisa, all right?
You've got the right to remain silent.
It was an accident. You got to believe me.
What happened?
Pillow got in the way and the gun accidentally went off?
You've got the right to an attorney.
Want to hear this now or on the ride over?
If you cannot find an attorney...
(indistinct radio transmissions)
All by herself, she figured it out.
The timeline, the conflicting witness accounts,
the-the ice cream truck that never existed.
She confided in you.
Told you everything she knew every step of the way.
TONY: We both wanted answers.
BONASERA: Oh, sure you did.
Only you wanted to know what she knew.
How close Marina was getting to learning the truth.
I would never do anything to hurt Marina.
You panicked.
Just like you did when you killed Luke.
Did she look at you differently, Tony?
Is that what it was?
I didn't kill her.
Yes, you did.
Only what you didn't know, what we all didn't know,
was that Marina had ended her commitment to search for Luke.
She was finally letting it all go.
She was letting you go.
The e-mail to her friends
was mistaken as a suicide note only because she was found dead.
Listen to her words.
"It's time I end it all.
BONASERA & MARINA: "Free myself.
"And this is the only way I know how.
MARINA: "Leaving here is my only option.
BONASERA & MARINA: Tony, we're both free."
She knew it was you.
You panicked for nothing.
You killed her for nothing.
She was letting you go.
Hey, Sid.
Hey.
I'm sorry.
No, you were right.
And I got defensive because I thought, what if she's right?
(chuckles)
It reminds me that
I may be a little off my game.
I'm getting old.
Uh-uh.
You are wise, my friend.
(chuckles): If only.
I got a letter in the mail today from Marina.
Yeah?
Said she was moving to Boston.
Mr. Brennan?
MAN (over phone): Yeah. Who is this?
Hey, it's Detective Don Flack.
How you doing?
I'm fine. What can I help you with?
Well, I was hoping that you and I could get together.
You know something about my wife?
No, sir, I don't have any answers,
but I'm sure as hell hoping that you and I can find some.
Really? Wow, Detective, it has been a long time.
Yeah, it has been a long time.
♪ ♪
MARINA: Three years after the day it all happened,
I was 11...
and I remember coming home
thinking that he's here.
He's back.
He's here.
Luke.
I was sure he was hiding in our secret place.
YOUNG MARINA: Ready or not, here I come.
But he wasn't.
And I remembered him telling me
that one day he's going to hide in a place
that I would never find him.
But I did. I did find him.
Captioning sponsored by CBS
CSI NY PRODUCTIONS
and TOYOTA. Moving Forward.
Captioned by Media Access Group at WGBH access.wgbh.org