NEW YORK CITY POLICE PRECINCT 16
INTERROGATION ROOM
TUESDAY, AUGUST 5
"Tell us what happened, Mr. Duffield," says Detective Sam Bullard.
"We've raised Claire for fourteen years," says Mr. Duffield. It became hard for us to continue caring for her. It took too much from us. She wasn't getting better. We were wondering what kind of life she could have. She could never make a life for herself. There would be no one but strangers to take care of her when we die."
"So how did you kill Claire?" asks Detective Fin Tutuola.
"Heather put a gas mask on Claire and attached it to this gas container. She said the gas was inert so Claire wouldn't feel as if she was suffocating. It was after her heart stopped when we found out Claire was pregnant."
"Why are you saying these things now?" asks Sam.
"When we took our grandson home from the hospital Saturday, I saw him sleeping. I wondered if Claire would have been happy to meet him. And then I realized, what happens if he gets older? What happens if he asks about his mom. How could I look him in the face and tell him I killed his mom?"
"Maybe it was for the best."
"No, it was murder," Mr. Duffield cries. "I murdered my own daughter."
Minutes later, the two detectives speak with Assistant District Attorney Rafael Barba.
"We could certainly use the confession if we were to pursue murder charges against Duffield," says Barba, sipping a cup of hot coffee. "But the thing is he implicated a caregiver."
"He could simply be acting out of grief," says Sam. "He spent fourteen years caring for his disabled daughter, only for her to die. And to top that off, he couldn't even protect her from some creep. He feels like a failure. When my boy died, I felt like a failure. I could not give him a life that he deserved."
"We're going to need to look into this," says Fin. "We could get a warrant to search for gas canisters."
"I'll send in the warrant application right away," replies the A.D.A..
"I think we would be wasting our time," Sam says to Fin after Rafael Barba leaves. "Heather spent twenty years making the lives of disabled kids better. Now we're going to treat her as a criminal because of a statement from a grief-stricken man?"
"If the A.D.A comes back with a warrant, we'll search the place. If there's nothing indicating that Claire Duffield was killed, then the case is closed"
Ooooooooo
Hours later, Assistant District Attorney Barba secures the warrant, and Angels Pediatric Nursing Center is searched by the New York City Police Department. Detectives Tutuola and Bullard search a supply closet.
"Oxygen and ether," says Tutuola, reading the labels on the canisters.
"Those are common in medical facilities," says Bullard. "They don't prove anything."
"We'll let the A.D.A see if he can convince a jury to believe differently."
Minutes later, the two detectives go to the director's office.
"What has been going on here?" asks Heather Fitzmaurice. "Is it still about that rape case?"
"Heather, we're serving a warrant to follow up on a lead we got in connection with the rape case," says Sam.
"But the perp plead guilty this morning, right? He's going to prison for the next, what, three decades, is it? You assured me."
"Everything will be fine."
Oooooooo
"I suppose the ether could have been used to kill Claire Duffield," says Rafael Barba as he meets with the SVU detectives. "But ether is a rather common chemical used in medical centers."
"That settles it," says Sam, "we don't have anything except an outburst from a father who felt he failed his daughter. Our case is closed."
"You seem to be eager to close this case," Sergeant Olivia Benson says to Detective Bullard.
"Heather and her staff have been through a lot," he replies. "First they find out that some pervert had been raping their patients. And now Heather is being accused of killing one of them. They're heroes, not crooks. They were there for my son his whole life, all the way until the end. We have nothing on them. We should just move on; there are other victims out there."
"I'll take a look at their records overnight," says Barba, holding the photocopies of the paper records recovered from the nursing center. "If there are no further leads, we will have to let this case go."
Oooooooo
Olivia Benson hears her cellular telephone ring as she sits on the couch, bottle feeding Noah in the living room in her Manhattan apartment.
"Just sit still," she says to the baby boy, for whom she cared since his mother died. Benson prefers not to dwell on the details of how Noah ended up in her care. "Let me hear who it is."
She answers the phone. "Raf, what's up?"
"Liv, I was looking through the records," replies the assistant district attorney. "The records of the center buying the gas canisters are missing."
"Thanks, Raf. I'll have a meeting with the detectives tomorrow morning."
Putting that issue aside, she turns her attention to the crying Noah.
Ooooo
The next morning, Sergeant Benson has the meeting with her detectives, discussing what ADA Barba had told her. Detective Amanda Rollins gets an ideas, and makes a telephone call.
Later that afternoon, Rollins shows pages from a fax to the sergeant. Assistant District Attorney Barba joins them in a meeting.
"These are copies of invoices faxed over to us from Zozo Chemical Supply in Brooklyn," says Rollins. "I first visited them investigating the rape of Claire Duffield, to collect a DNA sample from the driver that makes deliveries to Angels Nursing. These invoices show that they deliver large quantities of nitrogen gas."
"Seventy percent of what we breathe is nitrogen," says Barba.
"Breathing 100% nitrogen can kill you," says Detective Fin Tutuola. "It's called nitrogen asphyxiation. Some states are considering using it as an execution method."
"Still, it's a bit flimsy," says Detective Sam Bullard. "We don't have solid proof that Claire Duffield was killed with nitrogen or anything."
"I have enough to at least take to a grand jury," says Barba. "That's what I'll do. The grand jury will decide if a murder case against Heather Fitzmaurice has merit." He stands up and leaves the squad room.
"Bullard, in my office," says Benson.
She and the newly-assigned detective step into her private office. She looks at Bullard, who is dressed in a blue shirt, red necktie, and brown slacks. Sam Bkllard was assigned to SVU as a provisional detective after one of their own, Nick Amaro, was reassigned to patrol duty in Queens following an incident.
"You seem to be second-guessing the ADA at every turn," says Benson.
"Just playing Devil's advocate, ma'am," replies Sam. "We got to make sure we're right if Heather Fitzmaurice is going to be tried."
"Is this to do with your son? I know she and her staff cared for him when he was alive."
"She's a hero. She just wants to help kids. She's a lot like you and Fin, as a matter of fact. My son and the others were suffering. She relieved their suffering. And when she found out that one of her own suffered even more, she helped us. She helped us catch that creep. James Henshaw might be continuing his sick abuse of helpless children if it weren't for her!"
"I understand your emotional involvement. But that is why Rafael Barba is sending this to the grand jury. They will decide. And if she's indicted, you can contact Miss Fitzmaurice's attorney and give your opinion. Until then, we wait for the grand jury."
Ooooo
Friday afternoon, Assistant District Attorney Rafael Barba enters the SVU squad room.
"The grand jury returned a true bill of indictment against Heather Fitzmaurice for the murder of Claire Duffield," he says. "I also have an arrest warrant."
"An indictment!" exclaims Detective Sam Bullard. "No! This can't be! There has to be some mistake."
"Detective," says Barba. "The grand jury deliberated. They voted for indictment. Now Heather Fitzmaurice will stand trial for murder."
Bullard bows his head. He then looks towards Detective Sergeant Olivia Benson.
"Sergeant," he meekly asks, "with your permission, I would like to serve the arrest warrant against Heather Fitzmaurice."
"Fin will go with you," answers the sergeant.
Ooooooo
ANGELS PEDIATRIC NURSING CENTER
FRIDAY, AUGUST 8
Sam Bullard returns to the center with Fin and a squad of uniformed New York police officers. He enters the director's office.
The office is empty.
Sam speaks to Fitzmaurice's assistant Jackie.
"Do you know where the director is?" he asks.
"She's with a patient," replies Jackie.
"I think I know which room," says Fin.
He leads Sam and the uniformed police officers upstairs in a hurry, passing nurses and orderlies and patients and visitors. He checks each room.
And then he finds the room.
He sees a boy lying in bed, with a gas mask over his mouth. A hose connects the gas mask to a metal canister. Heather Fitzmaurice stands by with another woman in casual clothes.
Fin immediately runs to the boy, removing the gas mask.
"what are you doing?" asks Fitzmaurice.
"Heather Fitzmaurice, you are under arrest for the murder of Claire Duffield, and also for the attempted murder of this child. You have the right to remain silent, you have the right to an attorney. Anything you say can and will be used against you in a court of law. If you can not afford an attorney, one would be provided for you."
"She's not doing anything wrong!" protests the other woman in the room. "She just wants to put an end to my boy's suffering."
"Cuff her for attempted murder as well," fin says to a uniformed cop.
Sam faces Heather.
"I'm sorry," he says.
Oooooooooo
NEW YORK CITY POLICE PRECINCT 16
INTERROGATION ROOM
MONDAY, AUGUST 11
"I hope you enjoyed your weekend in police lockup," says Assistant District Attorney Barba.
Heather Fitzmaurice sits on the folding chair in front of the stainless steel table. She had been in lockup since her arrest on Friday afternoon. A man wearing a dress shirt, necktie, and slacks sits next to her.
"First of all, what do you have to offer for a deal?" asks Neil Rothman, a longtime criminal defense attorney who is currently representing the accused.
"She pleads guilty to murder two and attempted murder, serves thirty-five years to life and surrenders her privilege to practice nursing in New York State," answers the prosecutor. "She also tells the truth, telling us how many children she has murdered ever since she started working at the nursing facility. In return, she gets immunity for any previous murders she committed against patients under her care in New York State. We are prepared to open an investigation as to the full extent of your client's crimes. If this goes to trial, she could be convicted of first degree murder and spend the rest of her life in prison without the possibility of parole, plus she can face further prosecution for any other murders she committed."
Rothman whispers into his client's ear.
"I didn't do anything wrong!" protests Fitzmaurice. Those kids were suffering. We were just keeping them alive in immobilized bodies. That's not life!"
"Heather," says Neil, "you were read your rights. What you say now can be used against you if this goes to trial."
"These children will be disabled all their lives, always cloistered from the rest of society, vulnerable to abuse. I grew up with a sister who was helpless. Caring for her strained my family. My mom…she abused us, but she abused her more than me. She tortured her. And then, eventually, she murdered her."
"We are aware of your family history," replies Barba. "We also know that you are a registered nurse. You used the professional trust granted to you by the state to commit these crimes. The choice is clear. Thirty-five to life and tell us the full extent of your crimes, or we go to trial and take our chances with a judge and jury."
"I am willing to tell what I did. I plan to tell the jury about the acts of mercy I did."
"Well, then," says the assistant district attorney. "We will see you at the arraignment."
Barba leaves the room.
"Wait!" exclaims Sam Bullard. "You don't have to this."
"What?" asks the prosecutor.
"You can drop the charges. Listen, she's not a bad person. She just wanted to put an end to the suffering of those kids."
"Detective, please. I have to go to the hearing. If you have any knowledge about this case, you can inform me or Mr. Rothman."
Barba enters the elevator.
"Bullard," says Sergeant Benson. "You are way out of line here. After your first week here, I thought that you could be a permanent addition to this team. Your behavior on this case has led me to doubt that."