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[Man Narrating]
In the criminal justice system,
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00:00:08,075 --> 00:00:11,818
the people are represented by two separate
yet equally important groups-
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00:00:11,879 --> 00:00:13,881
the police, who investigate crime,
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00:00:13,947 --> 00:00:16,518
and the district attorneys,
who prosecute the offenders.
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These are their stories.
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00:00:18,519 --> 00:00:22,262
How many times have I told you,
put it where you can find it?
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What are pockets for?
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Now I'm not sure if I had them with me.
Yeah, you had it.
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00:00:27,394 --> 00:00:31,240
Ah, Mom, it stinks in here!
Of course it stinks. It's garbage. Now dig.
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I'm so over curry!
You're gonna be grounded
for life if it's up to your father.
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00:00:35,402 --> 00:00:37,905
You know how he hates it
when you lose things.
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Hey, Mom, look at this.
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Oh, my God! That's a hand.
Okay, just drop it, drop it! Now!
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Eww!
Come on!
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00:00:46,847 --> 00:00:49,054
He was looking for his what?
His braces.
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They're plastic nowadays,
removable.
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He find them?
Not yet.
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00:00:53,387 --> 00:00:56,630
He did, however, find a hand.
Just one? They usually come in pairs.
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00:00:56,690 --> 00:01:01,230
Hey, the restaurant said that they put their garbage
out at 10:00 last night right after they closed.
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It was supposed to be picked up this morning,
but the carting company didn't show up.
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So the hand could've been dumped on the
pile anytime in the last 22 hours.
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00:01:08,569 --> 00:01:11,607
Detectives? Found this in a
Dumpster on Fourth Street
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Oh, God! don't tell me.
I'm guessing those two belong to each other.
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00:01:15,742 --> 00:01:17,688
Look, I need you
to get some help.
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I want you to check every trash can, Dumpster and
garbage bag between First and Second Avenue,
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from Houston to St. Mark's.
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You kidding me?
Do I look like I'm kidding?
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[Siren Wailing]
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We're looking at an African-American
or Latino male,
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about 50, 5'9" to 5'11",
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190 to 200 pounds.
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Dismembered postmortem. Amputation
was done using a very sharp utensil.
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Blood was drained before
the body parts were wrapped.
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Sounds like a neat freak.
Yeah, meticulous, to say the least.
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Cause of death?
No head, no heart, no way to tell.
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Time of death?
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00:02:38,258 --> 00:02:42,764
Given the cold weather, I'd say roughly 24
hours before the first pieces were found.
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00:02:42,829 --> 00:02:47,437
Absence of rodent feeding makes me think they were
in the garbage no more than a couple of hours.
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The victim had arthritis.
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Both knees had arthroscopic surgery.
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And I'm betting he used a cane.
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Palm of his right hand is callused.
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Dr. Rodgers,you brought
your A-game today.
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You got a home address for us too?
No, but smell his hand.
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Menthol.
Mentholated propylene glycol.
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Propa-what?
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It's hand sanitizer.
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There's a mentholated version
for people with arthritis.
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He used some
shortly before his death.
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Here we have the contents of the garbage bag from
Sixth Street, where the first hand was found.
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That's from the Fourth Street
Dumpster, the Fifth Street garbage...
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and the garbage can from St.
Mark's Place and Second Avenue,
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which covers everything
we've found so far.
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And? The people from St. Mark's
Place eat too much Thai takeout.
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Okay. You're not in the mood.
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The bags that held body parts were all
one brand... Tough Boy, five gallon.
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Not one of your major brands,
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00:03:44,658 --> 00:03:47,901
but one other Tough Boy bag
was found in the Fourth Street Dumpster,
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full of nothing
but ordinary household garbage.
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00:03:50,831 --> 00:03:53,175
But it could be the victim's
or the killer's.
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00:03:53,233 --> 00:03:56,237
Or some third party who just happened
to use the same brand trash bag.
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00:03:56,303 --> 00:03:59,716
You get any usable prints?
Nope. Just smears.
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Runner's Digest.
Our guy used a cane.
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00:04:02,742 --> 00:04:06,588
Anybody can dream.
Somebody cut out page 35.
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00:04:06,646 --> 00:04:08,922
And somebody liked fruit,
a lot.
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00:04:08,982 --> 00:04:11,986
I like fruit. Yeah, but when
you buy it, where do you go?
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00:04:12,052 --> 00:04:14,794
Supermarket?
Heaven forbid. Fruit stand.
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00:04:14,855 --> 00:04:17,631
So if this is
the victim's garbage...
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00:04:17,691 --> 00:04:20,262
With his knees,
he probably shopped close to home.
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00:04:20,327 --> 00:04:22,830
There's a whole lot of fruit stands
in the East Village.
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00:04:22,896 --> 00:04:26,309
What the hell. Maybe I can pick
up a couple of Granny Smiths.
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Tell ya what-- more than once I thought about crackin ' that
numbskull over the head with that friggin ' cane of his.
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00:04:34,741 --> 00:04:36,687
What a pain in the culo.
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00:04:36,743 --> 00:04:40,247
Guy gets one bad apple, tells me I should give
him a dozen free.
Hey, you know his name?
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He's a customer,
not a bowling buddy.
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Why? Something happen to him?
What makes you say that?
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- Wishful thinking.
- Do you know where he lives? Ever deliver groceries to him?
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This is not a full-service fruit stand,
Detectives. Strictly cash and carry.
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00:04:51,458 --> 00:04:53,529
Hey, is that hand sanitizer?
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00:04:53,593 --> 00:04:56,699
Antibacterial. Flu season.
I can't take a chance.
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00:04:56,763 --> 00:04:58,834
Won't help. The flu's a virus.
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00:04:58,899 --> 00:05:01,345
I haven't had so much as a sniffle in two years.
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00:05:01,401 --> 00:05:03,904
It's like taking antibiotics
for a cold. It's a scam.
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Aah!
[Green] You sell this stuff'?
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00:05:06,306 --> 00:05:08,582
- At Maxon's-Around-The-Corner.
- Around the corner where?
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00:05:08,642 --> 00:05:12,385
That's the name of it.
Maxon's-Around- The-Comer.
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00:05:12,445 --> 00:05:15,619
Sure. I know Roger.
Why?
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You know where we can find him?
He lives in the nabe. Ay, in here all the time.
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00:05:19,753 --> 00:05:22,927
He's like dandruff. You can't get rid of him.
Roger have a last name?
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00:05:22,989 --> 00:05:25,902
Obnoxious? Like it's my fault
the price of coffee went up.
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00:05:25,959 --> 00:05:29,839
Hey, does Roger Obnoxious ever pay
with a credit card or a check?
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00:05:29,896 --> 00:05:33,400
We don't take credit cards, and we definitely
don't take checks from guys like Roger.
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00:05:33,466 --> 00:05:35,844
Do you carry Runner's? Digest?
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00:05:35,902 --> 00:05:39,247
Magazines are in the back by the pet food.
How'd you know?
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00:05:39,306 --> 00:05:42,685
- How'd he know what?
- Roger bought a copy of Runner's Digest.
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Did you remember that
'cause Roger got bad knees?
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I remember that 'cause Roger never
bought anything but skin mags.
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00:05:48,949 --> 00:05:53,125
Okay we're looking for a crotchety 50-year-old
black or Latino pain in the ass...
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who walks with a limp, uses a cane
and likes to look at dirty pictures.
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00:05:57,424 --> 00:05:59,734
And who's training for
the marathon. Hmm?
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Page 35,
the one that was cut out.
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Somehow I don't think this guy's a marathon man.
What's on the other side?
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There you go.
What, the ad?
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00:06:08,702 --> 00:06:11,740
I don't think a guy with bad knees who
complains about the price of coffee...
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00:06:11,805 --> 00:06:14,285
is gonna be looking
at $300 running shoes.
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- Not the shoes. The dude in the shoes.
- Now you're telling me he's got a crush on this guy?
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00:06:18,712 --> 00:06:21,283
What about the girlie magazines?
Maybe he swings both ways.
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Great. So now we're looking for a
bisexual 50-year-old pain in the ass...
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who walks with a limp, carries a cane and
whistles Dixie as he walks down the highway.
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His name's Roger Barry.
Haven't seen him in 10 years.
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And you're right. He's not a runner.
He's a boxer.
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Oh, yeah? What name did he fight under?
Dad.
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Daddy dearest. The old man.
Roger's your father.
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My mom finally got tired of being his
punching bag and split, took me with her.
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Haven't seen him since.
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If you haven't been in touch with him all these years,
how'd he find out about your picture in the magazine?
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00:06:51,077 --> 00:06:54,320
Called me up out of the blue. Said
he wanted to know how I turned out.
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So I told him about the ad. Let him
eat his heart out for a change.
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[ Green ] You got an
address for your father?
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That much forgive and forget
I was definitely not interested in.
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00:07:03,423 --> 00:07:06,836
- What's this all about? He in trouble?
- We're just trying to find him, that's all.
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00:07:06,893 --> 00:07:08,998
Sorry.
You got a phone number?
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Told me he didn't have one.
Must've called me from a pay phone.
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What’d your dad do
after he hung up the gloves?
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Longshoreman.
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00:07:16,703 --> 00:07:18,649
Thanks.
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00:07:18,705 --> 00:07:22,209
The union must‘ve had to send
his pension checks someplace.
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Mr. Barry won’t like this.
Course he don’t like much of anything.
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Don't you need a warrant?
We would if we suspected
Mr. Barry of wrongdoing.
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Well, he still won't like it.
[Briscoe] Hey, Ed.
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Yeah.
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Does this look like blood to you?
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Yep. I'm calling C.S.U.
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Something happen to that rat bastard
in my building?
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00:07:46,967 --> 00:07:48,913
Uh, it's a little too soon to tell.
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00:07:48,969 --> 00:07:52,212
Somethin‘ happen to him,
I know some people
who are gonna start celebratin‘.
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00:07:52,272 --> 00:07:56,049
Well, good. And you're gonna
give me their names, aren't you?
Yeah, apartment 2 E.
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just go downstairs and read the buzzers.
Whole building complained about him.
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C.S.U.'s on their way
Who complained the loudest?
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00:08:03,049 --> 00:08:07,520
Manny Esperanza down the hall
Said Mr. Barry was stealin' his newspapers.
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00:08:07,587 --> 00:08:09,760
Oh, yeah?
Where can we find this guy?
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00:08:09,823 --> 00:08:12,565
St.jude‘s Hospital.
He's an orderly.
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That would give him access
to things that go cut in the night.
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00:08:15,762 --> 00:08:18,368
I don't know what happened
to Mr. Barry
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00:08:18,431 --> 00:08:21,435
I'm a medical professional.
You and Dr. Kevorkian.
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He don't work here.
Look, look, I'm on triple shifts.
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00:08:24,137 --> 00:08:27,141
I ain't even been home
for the last three days.
Talk to my supervisor.
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Oh, don't worry. We will.
Why you bustin‘ my chops?
Everybody in the building hated his guts.
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00:08:31,478 --> 00:08:34,357
Ask his girlfriend.
She's gonna say
that everybody hated him?
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00:08:34,414 --> 00:08:37,224
She'll tell you
the thing with the newspapers?
He started it.
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00:08:37,283 --> 00:08:41,288
Course she's deaf.
She couldn't hear what kind of nonsense
was coming out of his big mouth.
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What an unpleasant personality.
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00:08:43,523 --> 00:08:46,026
This girlfriend have a name?
Jennifer something.
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00:08:46,092 --> 00:08:50,097
- Okay, do you know where she lives?
- Across the hall from him.
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Don't you need probable cause for a warrant?
Oh, you're a judge now?
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I'm just sayin‘.
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Sorry, Irv.
This is where you get off.
158
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[Green] Got a yearbook here.
Cedar Hill Academy.
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Shelby, Shelby. Here she is.
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00:09:07,814 --> 00:09:10,818
Jennifer Shelby.
Well, her back in high school anyway.
161
00:09:10,884 --> 00:09:14,024
She graduated from Cedar Hill,
class of '79.
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00:09:14,087 --> 00:09:17,432
Fancy girls' school
to a crappy one-room apartment.
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00:09:17,490 --> 00:09:19,993
Maybe we should pay
Cedar Hill a visit.
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00:09:20,060 --> 00:09:23,234
I think they’re on the Upper East Side.
Hey, Ed.
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00:09:26,699 --> 00:09:29,578
Whoa.
You can do some serious damage
with that bad boy.
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00:09:29,636 --> 00:09:32,310
Yeah, like take somebody apart
joint by joint.
167
00:09:32,372 --> 00:09:34,818
Looks pretty clean.
Now, wait a minute.
168
00:09:34,874 --> 00:09:37,480
There's a little residue here
at the handle.
169
00:09:37,544 --> 00:09:40,423
Man, C.S.U. gonna get sick
of comin' to this building.
170
00:09:40,480 --> 00:09:42,482
[Phone Beeping]
171
00:09:43,983 --> 00:09:45,929
[Bell Ringing]
I don't know her personally.
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00:09:45,985 --> 00:09:49,330
Jennifer hasn't been to any events
since I've been alumni director
at Cedar Hill.
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00:09:49,389 --> 00:09:52,563
Is that because she's deaf?
Whatever gave you that idea?
174
00:09:52,625 --> 00:09:55,799
In fact, I spoke to her
on the phone just last month
about the annual fund.
175
00:09:55,862 --> 00:09:57,808
Annual fund? Wait a minute.
176
00:09:57,864 --> 00:10:01,710
The Jennifer Shelby that we're
lookin' for lives in a six-story
walk-up on East Fourth Street.
177
00:10:01,768 --> 00:10:05,807
Are you sure you have
the right Jennifer Shelby?
You know what? You tell us.
178
00:10:07,107 --> 00:10:11,021
This Jennifer... our Jennifer...
lives on 63rd and Park.
179
00:10:11,077 --> 00:10:13,387
She's married to Ross Teller.
180
00:10:13,446 --> 00:10:15,983
The real estate mogul?
That's right.
181
00:10:16,049 --> 00:10:19,553
What's this all about?
Are you talking to every
Jennifer Shelby in New York City?
182
00:10:19,619 --> 00:10:21,565
How many of us can there be?
183
00:10:21,621 --> 00:10:26,400
This Jennifer Shelby
had a copy of the Cedar Hill
Academy yearbook, 1979.
184
00:10:26,459 --> 00:10:30,134
You mean she's impersonating me,
and her name really isn't Jennifer Shelby?
185
00:10:30,196 --> 00:10:33,939
That's what it looks like.
How the hell did she get
a copy of the yearbook?
186
00:10:34,000 --> 00:10:36,913
People clean out their closets,
put things on the street.
187
00:10:36,970 --> 00:10:41,646
What did this person do anyway?
She's a suspect in a murder investigation.
188
00:10:43,276 --> 00:10:45,722
Evan Barry gave us D.N.A.
189
00:10:45,779 --> 00:10:48,282
The dismembered body
is his father, Roger Barry.
190
00:10:48,348 --> 00:10:50,851
The blood that we found
in Roger Barry's bathtub drain...
191
00:10:50,917 --> 00:10:53,921
matches the blood on the knife
that we found in the fake
Jennifer Shelby's apartment.
192
00:10:53,987 --> 00:10:55,933
All that blood belongs to?
Roger Barry.
193
00:10:55,989 --> 00:10:59,163
We know where he got cut up
and what he got cut up with.
And the real Jennifer Shelby?
194
00:10:59,225 --> 00:11:02,229
She's as baffled as we are
She has no idea who
this other woman is.
195
00:11:02,295 --> 00:11:05,469
We got plainclothes officers
sittin' on the apartment
just in case she returns.
196
00:11:05,532 --> 00:11:08,536
Whoever she is,
she had to pay the rent.
197
00:11:12,005 --> 00:11:15,418
I only met her once,
when she came in to sign the lease.
198
00:11:15,475 --> 00:11:19,423
Roger Barry referred her.
God, I can't believe he's dead. Shocking!
199
00:11:19,479 --> 00:11:21,755
Did she put down
a security deposit?
200
00:11:21,815 --> 00:11:24,659
Yeah, first and last months
Cash. I remember that.
201
00:11:24,717 --> 00:11:26,856
Nice, crisp, new
hundred-dollar bills.
202
00:11:26,920 --> 00:11:29,628
How did she pay the rent every month?
Money order.
203
00:11:29,689 --> 00:11:32,260
Uh, we need copies.
Not a problem.
204
00:11:32,325 --> 00:11:36,171
[Sighs] I hope she's not in trouble.
Hey, she's the perfect tenant.
205
00:11:36,229 --> 00:11:39,142
Never complains.
Not a peep out of her.
206
00:11:39,199 --> 00:11:41,770
Funny. Just get us
the money orders.
207
00:11:41,835 --> 00:11:45,408
Sure, I sold these. Jennifer Shelby.
208
00:11:45,471 --> 00:11:49,578
Yeah, late 30s, early 40s,
thin, brown hair, deaf.
209
00:11:49,642 --> 00:11:51,588
Oh, the deaf lady. Sure.
210
00:11:51,644 --> 00:11:53,646
You seen her lately?
About once a month.
211
00:11:53,713 --> 00:11:56,353
Comes in here, buys one for rent,
one for Con Ed.
212
00:11:56,416 --> 00:12:00,125
I ain't seen her since last month. Sorry.
All right, man. Thanks.
213
00:12:00,186 --> 00:12:03,599
Hey, wait.
My friend Jaime told me
he seen her at a meeting.
214
00:12:03,656 --> 00:12:06,500
What kind of meeting?
You know, not A.A.
215
00:12:06,559 --> 00:12:09,563
What's the other one, for drugs?
N.A. Narcotics Anonymous.
216
00:12:09,629 --> 00:12:14,078
Yeah, that's it. At the church.
St. Alphonsus Liguri.
Fourth and "A".
217
00:12:14,133 --> 00:12:16,079
All right.
218
00:12:16,135 --> 00:12:19,139
You know we're not allowed
to talk about who's here and what goes on.
219
00:12:19,205 --> 00:12:22,379
As far as last names go...
Believe me, I know the drill.
220
00:12:22,442 --> 00:12:25,446
You a friend of Bill's?
Yup, for many years.
221
00:12:25,511 --> 00:12:27,513
Then you know my hands are tied.
222
00:12:27,580 --> 00:12:30,083
They're gonna be in handcuffs
in a minute if you don't start talking.
223
00:12:30,149 --> 00:12:33,790
This woman's wanted
for questioning in a murder.
Jennifer Shelby? A murder?
224
00:12:33,853 --> 00:12:35,799
Are we gettin‘ through
to you now, Marty?
225
00:12:35,855 --> 00:12:39,598
She's been at a bunch of meetings
She's a nice girl, far as I can tell.
226
00:12:39,659 --> 00:12:41,900
She's deaf.
How‘d she participate?
227
00:12:41,961 --> 00:12:44,703
Well, she reads lips.
Somehow she manages.
228
00:12:44,764 --> 00:12:47,608
We offered to get her an interpreter,
but she wasn't interested.
229
00:12:47,667 --> 00:12:50,841
When was the last time she was here?
Last week.
230
00:12:50,903 --> 00:12:55,079
By the way, Mr. Narcotics Anonymous,
how come you know her last name?
231
00:12:55,141 --> 00:12:57,314
She was handing out these flyers.
232
00:12:57,377 --> 00:13:01,052
She's got a painting
hanging in this gallery show
down the street.
233
00:13:04,317 --> 00:13:06,263
She never gave me
a contact number. Sorry
234
00:13:06,319 --> 00:13:08,321
What if you sold one of her paintings?
235
00:13:08,388 --> 00:13:11,096
I hold the money for her
till she gets in touch with me.
236
00:13:11,157 --> 00:13:14,400
That's Jenny's. It's a lot like her.
237
00:13:14,460 --> 00:13:17,464
Mysterious, brooding, secretive.
238
00:13:17,530 --> 00:13:20,033
I kind of like it. I don't know if I could
live with it, but...
239
00:13:20,099 --> 00:13:22,773
My idea of modern art is LeRoy Neiman.
240
00:13:22,835 --> 00:13:24,837
She signed it.
It's dated last month.
241
00:13:24,904 --> 00:13:27,612
She didn't have any paints
in her apartment.
Canvases, nothing.
242
00:13:27,674 --> 00:13:31,679
A lot of our artists rent studio
space in the Co-op on Avenue "C".
243
00:13:31,744 --> 00:13:33,690
You're in luck.
244
00:13:33,746 --> 00:13:36,249
Jen's been here all day.
She's on a creative jag.
245
00:13:36,315 --> 00:13:39,489
I used to have those,
only I called them benders.
246
00:13:39,552 --> 00:13:42,055
This is Jen's studio. I'll let you guys be.
247
00:13:42,121 --> 00:13:46,126
Would you mind unlocking the door?
She's not gonna hear us knock.
Right. I forgot.
248
00:13:50,330 --> 00:13:52,276
There you go.
Thanks.
249
00:13:56,269 --> 00:13:58,510
How do we get her attention?
I don't wanna scare her.
250
00:13:58,571 --> 00:14:01,177
Maybe she can feel vibration.
251
00:14:05,144 --> 00:14:07,385
Whoa! Hey!
252
00:14:07,447 --> 00:14:10,257
Stop! Stop!
All right, take it...
253
00:14:10,316 --> 00:14:12,318
No!
254
00:14:14,587 --> 00:14:18,399
Docket number 456383,
People v. Eli Madison.
255
00:14:18,458 --> 00:14:22,133
Charge is murder in the second degree.
How does the defendant plead?
256
00:14:22,195 --> 00:14:24,698
Not guilty, Your Honor.
Ms. Southerlyn?
257
00:14:24,764 --> 00:14:28,906
The accused is charged with
murdering his 50-year-old neighbor
and hacking him into pieces.
258
00:14:28,968 --> 00:14:32,438
I imagine you're requesting remand.
Your turn, Mr Archer
259
00:14:32,505 --> 00:14:35,952
Mr. Madison is a scion of one of
New York's best-known families.
260
00:14:36,008 --> 00:14:39,615
Yes, and I remember reading
about him in all the papers,
what was it, 10 years ago?
261
00:14:39,679 --> 00:14:43,217
Those accusations were false,
Your Honor. They shouldn't be
taken into consideration now.
262
00:14:43,282 --> 00:14:45,990
The defendant has been living
under an assumed name.
263
00:14:46,052 --> 00:14:48,794
To avoid the negative publicity
that almost destroyed him.
264
00:14:48,855 --> 00:14:50,801
Jennifer Shelby, Your Honor.
265
00:14:50,857 --> 00:14:53,861
- Excuse me, counselor?
- His assumed name and false identity.
266
00:14:53,926 --> 00:14:56,770
He's been living as a woman, Your Honor.
267
00:14:56,829 --> 00:15:00,299
Better and better.
Bail is set at two million dollars.
268
00:15:00,366 --> 00:15:02,573
Defendant will surrender his passport.
[Gavel Raps]
269
00:15:02,635 --> 00:15:04,876
Next?
270
00:15:04,937 --> 00:15:08,180
Is this the same Eli Madison whose
wife went missing 10 years ago?
271
00:15:08,241 --> 00:15:12,155
The same Eli Madison
Adam Schiff could never
quite indict for her murder.
272
00:15:12,211 --> 00:15:15,886
Why not?
Because her body
was never found.
273
00:15:15,948 --> 00:15:19,555
Eli claimed she just
walked out on him one clay.
She's never been seen since.
274
00:15:19,619 --> 00:15:21,929
How good a case was it?
275
00:15:21,988 --> 00:15:26,164
The police found traces
of Caroline Madison's blood
in their bedroom,
276
00:15:26,225 --> 00:15:28,364
evidence of a missing rug...
277
00:15:28,427 --> 00:15:31,271
and a dryer full
of freshly washed sheets.
278
00:15:31,330 --> 00:15:34,834
Hmm. That had to be quite a sight.
Eli Madison doing his own laundry.
279
00:15:34,901 --> 00:15:38,075
Eli could never really account
for his movements that day.
280
00:15:38,137 --> 00:15:42,950
Lots of gaps and inconsistencies,
and his alibi was his best friend.
281
00:15:43,009 --> 00:15:46,786
And after the story broke
and Madison was questioned
by the police,
282
00:15:46,846 --> 00:15:48,792
he fled the country.
283
00:15:48,848 --> 00:15:51,328
Evidence of consciousness of guilt.
It sounds pretty solid.
284
00:15:51,384 --> 00:15:55,799
Lots of bits and pieces,
but never quite enough.
And the Madisons had clout.
285
00:15:55,855 --> 00:15:58,768
This office has tried a couple
of homicides without a body,
286
00:15:58,825 --> 00:16:01,829
but I wouldn't necessarily recommend it.
287
00:16:01,894 --> 00:16:05,068
What about this case?
We have a body. Most of one, anyway.
288
00:16:05,131 --> 00:16:08,078
Unfortunately, not the parts
that would tell us cause of death.
289
00:16:08,134 --> 00:16:10,808
- What are we missing?
- The head, the heart.
290
00:16:10,870 --> 00:16:14,249
We'll have to trust the jury
to draw the obvious conclusion.
291
00:16:14,307 --> 00:16:18,312
Which may not be all that obvious
when it comes time to deliberate.
292
00:16:18,377 --> 00:16:23,326
He's got Al Archer, who'll blow a lot of
expensive smoke up the jury's skirt.
293
00:16:23,382 --> 00:16:26,454
We can handle Archer
and his legions of experts, Arthur.
294
00:16:26,519 --> 00:16:29,932
He also churns more documents
than the Land O' Lake girl churns butter.
Let him churn.
295
00:16:29,989 --> 00:16:32,401
The facts don't disappear.
296
00:16:32,458 --> 00:16:35,462
But they can be spun, along with a jury.
[Knocking]
297
00:16:35,528 --> 00:16:38,634
And I'd feel a lot better if we had a motive.
298
00:16:40,800 --> 00:16:42,746
Well, let the churning begin.
299
00:16:42,802 --> 00:16:45,305
Motion fora change of venue.
300
00:16:49,175 --> 00:16:52,247
Had I known, I'd have rented a banquet hall.
301
00:16:52,311 --> 00:16:56,885
Because of the nature of the case
and the difficulty and the variety
of the issues involved,
302
00:16:56,949 --> 00:17:00,362
Mr. Madison has authorized me
to retain co-counsel in his behalf.
303
00:17:00,419 --> 00:17:03,195
This is Ron Gumer from Hanson Brackens.
304
00:17:03,256 --> 00:17:05,862
He'll be advising on matters forensic.
Your Honor.
305
00:17:05,925 --> 00:17:08,428
Madeline Myers from the Prescott firm.
306
00:17:08,494 --> 00:17:10,997
She'll be dealing with the D.N.A. evidence.
Sir.
307
00:17:11,063 --> 00:17:14,306
And Professor Enright,
who I'm sure you know,
wrote the book on venue, literally.
308
00:17:14,367 --> 00:17:16,608
The more, the merrier.
309
00:17:16,669 --> 00:17:19,013
I assume this is your party, Professor?
Thank you, Your Honor.
310
00:17:19,071 --> 00:17:21,642
As we're all aware,
311
00:17:21,707 --> 00:17:24,517
the critical consideration
of the venue provisions...
312
00:17:24,577 --> 00:17:27,023
is whether the defendant
can get a fair trial...
313
00:17:27,079 --> 00:17:29,685
in the community in which the crime occurred
314
00:17:29,749 --> 00:17:32,491
“Millionaire Murderer."
315
00:17:33,753 --> 00:17:35,699
“Mayflower Maniac."
316
00:17:36,989 --> 00:17:40,732
"Seven-figure Sadist."
"Wealthy Wife Killer."
317
00:17:40,793 --> 00:17:44,639
As we can see from these headlines,
a jury in this jurisdiction...
318
00:17:44,697 --> 00:17:47,837
cannot possibly approach this
case with an open mind.
319
00:17:47,900 --> 00:17:51,370
- The entire jury pool has been poisoned
- Those headlines are 10 years old.
320
00:17:51,437 --> 00:17:55,044
The case at bar does not involve
Caroline Madison's disappearance.
321
00:17:55,107 --> 00:18:00,113
Caroline Madison's family kept her
dissappearance at the forefront
of the city's consciousness...
322
00:18:00,179 --> 00:18:03,353
with its very public wrongful death
lawsuit against our client.
323
00:18:03,416 --> 00:18:05,896
And may I remind Your Honor...
324
00:18:05,952 --> 00:18:09,695
that that case was dismissed only after
six years of litigation and publicity.
325
00:18:09,755 --> 00:18:13,931
And where would you have me
transfer the case, Mr. Archer?
326
00:18:13,993 --> 00:18:17,099
Suffolk County would be satisfactory to the defense.
[McCoy] The Hamptons!
327
00:18:17,163 --> 00:18:20,736
Why not hold the trial in the lounge
of Eli Madison's country club?
328
00:18:20,800 --> 00:18:25,442
Your Honor, any prior knowledge of
Mr. Madison's first run-in with the law...
329
00:18:25,504 --> 00:18:27,450
can be dealt with on voir dire.
330
00:18:27,506 --> 00:18:30,544
I agree, Mr. McCoy.
Defense motion is denied.
331
00:18:30,610 --> 00:18:34,888
In that case, Your Honor,
I move to preclude any mention
of Ms. Madison's disappearance.
332
00:18:34,947 --> 00:18:37,860
People oppose the request.
On what grounds?
333
00:18:37,917 --> 00:18:41,262
You just said the case at bar doesn't
involve Caroline Maclison's disappearance.
334
00:18:41,320 --> 00:18:44,324
Those are your words, Mr. McCoy.
He's changing the context, Your Honor.
335
00:18:44,390 --> 00:18:47,599
No, Mr. McCoy. If it involves
Ms. Madison's disappearance,
336
00:18:47,660 --> 00:18:50,368
it will not be admissible
in my courtroom.
337
00:18:55,668 --> 00:18:58,308
I analyzed blood found
in the decedent's bathroom...
338
00:18:58,371 --> 00:19:01,045
and on the knife found
in the defendant's apartment,
339
00:19:01,107 --> 00:19:03,451
as well as the body parts
found by the police.
340
00:19:03,509 --> 00:19:06,615
- How many matches did you find?
- Nine.
341
00:19:06,679 --> 00:19:11,150
- Have you reached a conclusion?
- The D.N.A. samples are from
the same individual.
342
00:19:11,217 --> 00:19:13,993
The blood on the knife
in Mr. Madison's apartment,
343
00:19:14,053 --> 00:19:17,557
the blood in Mr. Barry's bathtub...
344
00:19:17,623 --> 00:19:20,627
and the body parts... all the same D.N.A.?
345
00:19:20,693 --> 00:19:23,139
Yes.
346
00:19:24,697 --> 00:19:27,769
Specifically, Doctor, what analytic
method did your lab use?
347
00:19:27,833 --> 00:19:30,939
P.C.R. Polymerase Chain Reaction.
348
00:19:31,003 --> 00:19:33,745
- That's it?
- Yes.
349
00:19:33,806 --> 00:19:37,083
You didn't use SNIPS?
Single Nucleotide Polymorphism Analysis.
350
00:19:37,143 --> 00:19:39,646
No.
Or Short Tandem Repeat Technology?
351
00:19:39,712 --> 00:19:41,783
- No.
- Can I ask why?
352
00:19:41,847 --> 00:19:44,521
P.C.R. analysis is accurate and sufficient.
353
00:19:44,583 --> 00:19:48,360
I didn't think it was necessary
to verify further with additional modalities.
354
00:19:48,421 --> 00:19:51,664
Well, without having conducted
those additional analyses,
355
00:19:51,724 --> 00:19:54,000
can you testify that the results
would be the same?
356
00:19:54,060 --> 00:19:56,904
- No, I can't, but...
- Nothing further.
357
00:20:01,667 --> 00:20:05,979
Detective Green, I show you People's exhibit "A".
358
00:20:06,038 --> 00:20:10,714
Do you recognize it?
That's the knife that we found
in Jennifer Shelby's...
359
00:20:10,776 --> 00:20:13,552
- Eli Madison's apartment.
- [McCoy] What did you do with it?
360
00:20:13,613 --> 00:20:17,060
Well, we observed some residue
on the knife that looked like dried blood,
361
00:20:17,116 --> 00:20:20,393
so we followed standard procedure
to preserve the chain of custody...
362
00:20:20,453 --> 00:20:22,558
and protect the evidence from contamination.
363
00:20:22,621 --> 00:20:25,465
And then we sent it to the lab to be analyzed.
364
00:20:25,524 --> 00:20:28,528
No further questions, Your Honor.
365
00:20:29,729 --> 00:20:32,232
Detective Green.
366
00:20:32,298 --> 00:20:35,643
Did you do a thorough inventory
of the contents of the defendant's apartment?
367
00:20:35,701 --> 00:20:38,204
- Yes, we did.
- And were there other knives
in the defendant's kitchen?
368
00:20:38,270 --> 00:20:40,250
Yes.
Other sharp knives, for cooking or whatever?
369
00:20:40,306 --> 00:20:43,583
There was a set of knives
of various sizes and a cutting board.
370
00:20:43,642 --> 00:20:46,851
So was this knife, the one that you just
entered in to evidence, part of that set?
371
00:20:46,912 --> 00:20:48,391
No.
How was it different?
372
00:20:48,447 --> 00:20:51,894
That knife is quite a bit larger,
and the handle is different.
373
00:20:51,951 --> 00:20:55,694
So this knife doesn't resemble
any of the other knives in the kitchen?
374
00:20:57,089 --> 00:20:59,399
No. Not really.
375
00:20:59,458 --> 00:21:01,460
Hmm.
376
00:21:05,131 --> 00:21:08,408
I compared the incisions and markings
on the flesh and bone of the decedent.
377
00:21:08,467 --> 00:21:10,606
With the structural characteristics of the knife.
378
00:21:10,669 --> 00:21:13,513
Could this particular knife
have been used to cut up the body?
379
00:21:13,572 --> 00:21:18,248
Yes, the bone and flesh incisions
are consistent with the cutting
characteristics of this knife.
380
00:21:22,181 --> 00:21:24,525
“Consistent with."
381
00:21:24,583 --> 00:21:27,223
That's not the same
as “the same," is it?
382
00:21:27,286 --> 00:21:29,425
No.
383
00:21:29,488 --> 00:21:33,061
This knife might have been used
to dismember the body.
384
00:21:33,125 --> 00:21:35,071
Yes.
But you can't be sure.
385
00:21:35,127 --> 00:21:38,074
It lacks sufficient
distinguishing characteristics...
386
00:21:38,130 --> 00:21:40,303
to make a definitive identification.
387
00:21:40,366 --> 00:21:43,438
ls there any way to determine
whether this particular knife
was used to kill Mr. Barry?
388
00:21:43,502 --> 00:21:46,244
Not in this case. The knife lacks...
389
00:21:46,305 --> 00:21:48,649
Sufficient distinguishing characteristics.
390
00:21:48,707 --> 00:21:50,948
Thank you.
391
00:21:51,010 --> 00:21:53,923
Oh, by the way, Doctor,
392
00:21:53,979 --> 00:21:56,789
what actually did kill Mr. Barry?
393
00:21:56,849 --> 00:21:59,989
Was he, in fact, stabbed to death,
or shot, or bludgeoned,
394
00:22:00,052 --> 00:22:02,191
or did he die of natural causes?
395
00:22:02,254 --> 00:22:04,427
A heart attack, stroke?
396
00:22:04,490 --> 00:22:07,403
- The cause is unknown at this time
- Why is that?
397
00:22:07,460 --> 00:22:10,907
We don't have enough of Mr. Barry's remains...
398
00:22:10,963 --> 00:22:13,910
to determine with medical certainty
the cause of death.
399
00:22:19,071 --> 00:22:22,348
[Archer] When you kept Mr. Barry company
on these occasions, how were you dressed?
400
00:22:22,408 --> 00:22:26,447
As a woman. As Jennifer
He knew me as Jennifer.
401
00:22:26,512 --> 00:22:29,118
So what happened
the night he died?
402
00:22:30,182 --> 00:22:34,358
I was in Roger's apartment.
We were watching a basketball game.
403
00:22:34,420 --> 00:22:38,766
I got caught up in it and yelled
something in my real voice.
404
00:22:38,824 --> 00:22:40,929
And Mr. Barry?
He freaked.
405
00:22:40,993 --> 00:22:43,769
He realized I wasn't really deaf,
406
00:22:43,829 --> 00:22:45,775
that I wasn't a woman.
407
00:22:45,831 --> 00:22:49,438
And why would that matter so much to him?
408
00:22:50,736 --> 00:22:52,682
Eli?
409
00:22:56,609 --> 00:22:59,351
We'd been... intimate.
410
00:22:59,411 --> 00:23:02,290
So you'd had sex with Roger Barry.
Yes.
411
00:23:02,348 --> 00:23:06,990
And he still didn't know?
I was good at putting him off in certain ways.
412
00:23:07,052 --> 00:23:10,295
At deceiving him?
Yes.
413
00:23:10,356 --> 00:23:14,361
Hmm. So he was upset, angry.
414
00:23:14,426 --> 00:23:18,067
Furious! He hit me over and over with his cane.
He had a terrible temper.
415
00:23:18,130 --> 00:23:22,135
I was fending him off, and he...
416
00:23:22,201 --> 00:23:25,944
he made this awful gasping noise.
417
00:23:26,005 --> 00:23:29,248
He dropped his cane,
clutched his chest and fell down.
418
00:23:29,308 --> 00:23:32,846
Then he turned blue.
I guess he had a heart attack.
419
00:23:32,912 --> 00:23:36,860
I did C.P.R. on him. It seemed like hours.
420
00:23:36,916 --> 00:23:38,862
But...
421
00:23:40,519 --> 00:23:43,363
So Mr. Barry is lying there, dead,
422
00:23:43,422 --> 00:23:46,028
despite your best efforts to revive him.
423
00:23:46,091 --> 00:23:48,799
So what‘d you do next, Eli?
I panicked.
424
00:23:48,861 --> 00:23:52,308
Why?
I knew what the police would think!
425
00:23:52,364 --> 00:23:56,813
I couldn't have our relationship
or my life as Jennifer Shelby exposed.
426
00:23:56,869 --> 00:24:00,874
And I certainly couldn't go to prison.
I'd never survive.
427
00:24:00,940 --> 00:24:04,046
So I decided to get rid of Roger's body.
428
00:24:04,109 --> 00:24:07,249
So that's when you went back
to your apartment to get that knife.
429
00:24:07,313 --> 00:24:10,453
- That's not my knife
- It isn't?
430
00:24:10,516 --> 00:24:13,895
I've never seen it before.
Besides, I didn't need one.
431
00:24:13,953 --> 00:24:16,297
Roger kept a metal cutter
in his closet.
432
00:24:16,355 --> 00:24:19,029
So the knife that the police found
in your apartment,
433
00:24:19,091 --> 00:24:22,265
the knife that doesn't match
any of the knives in your kitchen
434
00:24:22,328 --> 00:24:24,604
the knife that you say you've never seen before...
435
00:24:24,663 --> 00:24:27,371
How did that knife come to be in your apartment?
I have no idea.
436
00:24:27,433 --> 00:24:30,744
- Well, how did Mr. Barry's blood get on that knife?
- I have no idea.
437
00:24:30,803 --> 00:24:34,615
- I do!
- Objection! Chambers, Your Honor!
438
00:24:36,275 --> 00:24:38,778
Accusing the prosecution of planting evidence!
439
00:24:38,844 --> 00:24:41,188
I didn't mean to imply
you personally, Mr. McCoy,
440
00:24:41,246 --> 00:24:44,022
but there is a long list of people
working for the state..
441
00:24:44,083 --> 00:24:46,586
who've wanted Mr. Madison
in prison for the past 10 years.
442
00:24:46,652 --> 00:24:50,293
There is no basis in fact for these allegations.
I will strike that remark.
443
00:24:50,356 --> 00:24:52,358
You can't unring the bell,
Your Honor.
444
00:24:52,424 --> 00:24:57,339
No, but I can issue an instruction
for the jury to ignore it, Mr. McCoy.
445
00:24:59,465 --> 00:25:02,708
[McCoy]
Mr. Barry kept a metal cutter in his closet?
446
00:25:02,768 --> 00:25:05,271
He worked with his hands.
He made his own furniture.
447
00:25:05,337 --> 00:25:09,251
Quite a coincidence that the knife
the police found in your apartment.
448
00:25:09,308 --> 00:25:13,347
has the same characteristics
as the metal cutter they didn't find.
449
00:25:13,412 --> 00:25:17,417
Do you know why they didn't find it?
I tossed it into one of the Dumpsters.
450
00:25:17,483 --> 00:25:19,793
I guess they didn't look hard enough.
451
00:25:19,852 --> 00:25:23,629
The police also failed to find Mr. Barry's heart,
452
00:25:23,689 --> 00:25:26,135
which would have proved or disproved...
453
00:25:26,191 --> 00:25:28,467
your story about a heart attack.
454
00:25:28,527 --> 00:25:32,976
I wish they had. An autopsy
would have exonerated me.
455
00:25:33,032 --> 00:25:35,478
You should have thought of that before
you cut up your boyfriend's body.
456
00:25:35,534 --> 00:25:38,447
[Archer] Objection!
Withdrawn.
457
00:25:38,504 --> 00:25:42,850
You testified that you dismembered
Mr. Barry's body...
458
00:25:42,908 --> 00:25:45,479
because quote...
459
00:25:45,544 --> 00:25:47,888
“You knew what the police would think."
460
00:25:47,946 --> 00:25:50,950
What were you afraid
the police would think?
461
00:25:51,016 --> 00:25:52,791
Approach, Your Honor.
462
00:25:56,021 --> 00:26:00,401
You've already ruled on this.
My client is being tried
for the murder of Roger Barry.
463
00:26:00,459 --> 00:26:04,236
Any mention of his missing wife
is prejudicial and irrelevant.
464
00:26:04,296 --> 00:26:07,470
I didn't ask Mr. Madison about
his wife's disappearance.
465
00:26:07,533 --> 00:26:09,535
I asked him about his state of mind.
466
00:26:10,702 --> 00:26:13,376
Your client opened the door,
Mr. Archer. I'm gonna allow it.
467
00:26:20,479 --> 00:26:23,187
What were you afraid the police
would think, Mr. Madison?
468
00:26:23,248 --> 00:26:26,525
That I killed him too, just like
you think I killed my wife.
469
00:26:26,585 --> 00:26:29,589
You still think I killed my wife, even
though you know you can't prove it.
470
00:26:29,655 --> 00:26:32,192
- Your Honor...
- Because I didn't do it!
471
00:26:32,257 --> 00:26:36,933
They all think I killed my wife!
But they couldn't prove anything then,
so that's why they're setting me up now!
472
00:26:36,995 --> 00:26:39,032
Move to strike. Unresponsive!
473
00:26:39,097 --> 00:26:42,874
Stricken. Jury will disregard
the witness's last remark.
474
00:26:52,377 --> 00:26:55,620
[Judge Bradley] Have you reached a verdict?
We have.
475
00:26:55,681 --> 00:26:58,924
On the sole count of the indictment,
murder in the second degree,
476
00:26:58,984 --> 00:27:01,123
how do you find?
477
00:27:01,186 --> 00:27:04,360
We find the defendant,
Eli Madison, not guilty.
478
00:27:04,423 --> 00:27:06,528
[Chuckling]
479
00:27:19,304 --> 00:27:22,285
Well, I told you that Archer
could blow smoke.
480
00:27:22,341 --> 00:27:26,084
It's like that old saying:
“Who you gonna believe,
me or your lyin' eyes?”
481
00:27:26,145 --> 00:27:30,491
And they believed Archer.
Creating reasonable doubt
where none exists costs money.
482
00:27:30,549 --> 00:27:34,656
And what, people like Eli Madison
are entitled to as much justice
as they can afford?
483
00:27:34,720 --> 00:27:37,496
Well, at the end of the day,
all we really proved...
484
00:27:37,556 --> 00:27:40,298
was that Eli Madison cut up a body.
485
00:27:40,359 --> 00:27:42,396
I'm not done with Eli Madison yet.
486
00:27:42,461 --> 00:27:45,465
What do you have in mind,
charging him with obstruction
and tampering?
487
00:27:45,531 --> 00:27:47,841
No, with killing his wife.
488
00:27:47,900 --> 00:27:52,076
Remember what I said about
prosecuting homicides without bodies.
489
00:27:52,137 --> 00:27:55,482
If all Eli Madison wanted to do
was avoid being recognized,
490
00:27:55,541 --> 00:27:58,283
he could have grown a beard or shaved his head.
491
00:27:58,343 --> 00:28:01,347
But instead he put on a wig and a dress.
492
00:28:01,413 --> 00:28:05,088
It must mean something.
Pretzel?
493
00:28:05,150 --> 00:28:08,529
What if he is
a transvestite?
494
00:28:08,587 --> 00:28:11,261
Then some of what he said
on the stand could be true.
495
00:28:11,323 --> 00:28:13,701
Maybe he really couldn't bear
being found out.
496
00:28:13,759 --> 00:28:15,705
And if that's why he killed Roger Barry...
497
00:28:15,761 --> 00:28:19,072
Maybe he killed his wife
for the same reason.
498
00:28:19,131 --> 00:28:21,168
Say she found out his secret.
499
00:28:21,233 --> 00:28:25,238
For a man like Eli Madison,
living in that cloistered world
of old money...
500
00:28:25,304 --> 00:28:27,409
Better a murderer
than a cross-dresser.
501
00:28:27,472 --> 00:28:31,318
Exactly. Delve as deep as
you can into Eli Madison.
502
00:28:31,376 --> 00:28:34,880
Let's find out how good he was
at keeping his secret.
503
00:28:37,749 --> 00:28:40,593
Here he is. Eli Peter Madison.
504
00:28:40,652 --> 00:28:44,225
Married Caroline Gail Thornton
December 5,1992.
505
00:28:44,289 --> 00:28:48,533
Divorced her July14,1996.
Uncontested.
506
00:28:48,594 --> 00:28:51,200
It's hard to contest anything
when you've been misplaced.
507
00:28:51,263 --> 00:28:53,436
Is that it?
508
00:28:53,499 --> 00:28:56,105
Did you know he was married before?
509
00:28:56,168 --> 00:28:59,206
No.
1982.
510
00:28:59,271 --> 00:29:01,217
That would have made him 18 or so.
511
00:29:01,273 --> 00:29:04,254
He married a Diane Wharsey, also 18.
512
00:29:04,309 --> 00:29:06,653
Didn't last long. Six months.
513
00:29:06,712 --> 00:29:10,125
- You happen to have an address?
- [Scoffs] Twenty-two years old.
514
00:29:10,182 --> 00:29:12,662
You gotta start somewhere.
515
00:29:15,320 --> 00:29:19,826
I bought it with the settlement,
and I've been here ever since.
516
00:29:21,760 --> 00:29:23,706
We were children.
517
00:29:23,762 --> 00:29:26,402
Of course it didn't last.
518
00:29:26,465 --> 00:29:29,173
Can I ask you an embarrassing question?
519
00:29:29,234 --> 00:29:31,544
Can I stop you?
520
00:29:31,603 --> 00:29:34,106
How was your sex life?
521
00:29:34,173 --> 00:29:36,244
Uh...
522
00:29:36,308 --> 00:29:38,379
We thought it was great.
523
00:29:38,443 --> 00:29:42,186
I mean, what do you even know
at that age?
524
00:29:42,247 --> 00:29:47,856
Did Eli have any tendencies
that weren't... mainstream?
525
00:29:47,920 --> 00:29:52,426
Ms. Southerlyn, maybe you oughta
just stop beating around the bush...
526
00:29:52,491 --> 00:29:54,562
and say what you mean.
527
00:29:54,626 --> 00:29:57,539
Are you asking was he gay?
We could start there.
528
00:29:57,596 --> 00:30:00,372
I don't think he really knew
one way or the other.
529
00:30:00,432 --> 00:30:03,413
Now, let me ask you a question.
530
00:30:03,468 --> 00:30:05,948
Why are you here?
Eli was acquitted.
531
00:30:06,004 --> 00:30:08,814
We're looking into the disappearance
of his second wife.
532
00:30:08,874 --> 00:30:10,820
Ah, Caroline.
533
00:30:10,876 --> 00:30:14,414
The case is still open, and I was wondering
if he ever talked to you about it.
534
00:30:14,479 --> 00:30:16,982
He called me from Europe.
He was distraught.
535
00:30:17,049 --> 00:30:19,723
He felt persecuted.
536
00:30:19,785 --> 00:30:22,561
He had to come back for the trial
and Dwayne had just died.
537
00:30:22,621 --> 00:30:25,295
Dwayne ?
Evans. His very close friend.
538
00:30:25,357 --> 00:30:28,133
Dwayne had a terrible accident.
539
00:30:28,193 --> 00:30:30,969
Rock climbing or something out west.
540
00:30:31,029 --> 00:30:35,876
They had just taken his deposition,
and he was supposed to come back
to New York to testify.
541
00:30:35,934 --> 00:30:38,210
Was this Eli's alibi witness?
Mmm.
542
00:30:38,270 --> 00:30:43,151
Eli was beside himself. He lost the one
person who could really exonerate him.
543
00:30:43,208 --> 00:30:45,245
Did you know Dwayne?
A little.
544
00:30:45,310 --> 00:30:48,154
He made Eli look like
the poster boy for normal.
545
00:30:48,213 --> 00:30:51,490
How so?
Neurotic, hysterical.
546
00:30:51,550 --> 00:30:54,224
You name it.
547
00:30:54,286 --> 00:30:58,757
And you know, looking back?
He and Eli might have been lovers.
548
00:31:01,259 --> 00:31:03,933
According to Immigration,
Eli Madison flew back from Europe...
549
00:31:03,995 --> 00:31:06,601
two weeks before he testified in the civil suit.
550
00:31:06,665 --> 00:31:10,408
He then flew back to Europe the
day after the case was dismissed.
551
00:31:10,469 --> 00:31:12,540
He beat the rap on that one too.
552
00:31:12,604 --> 00:31:16,450
His friend Dwayne Evans died
a week after Eli Madison
came back to the States.
553
00:31:16,508 --> 00:31:20,456
That was an accident.
Evans was hiking in
the backcountry near Taos.
554
00:31:20,512 --> 00:31:24,085
Some day-trippers found his body
at the base of the cliff.
555
00:31:24,149 --> 00:31:26,652
You think Madison was involved somehow?
556
00:31:26,718 --> 00:31:30,962
When he called Diane Wharsey to talk
about it, he told her he was in Europe,
but he couldn't have been.
557
00:31:31,022 --> 00:31:34,026
He was already here.
She misremembers
the conversation.
558
00:31:34,092 --> 00:31:36,698
Why would he kill
his alibi witness?
559
00:31:36,762 --> 00:31:38,764
Diane said that Dwayne was unstable.
560
00:31:38,830 --> 00:31:42,744
Maybe Eli was worried about how
he would hold up at the civil trial.
561
00:31:42,801 --> 00:31:44,803
If Dwayne flip-flopped in court,
562
00:31:44,870 --> 00:31:47,817
Eli might lose the wrongful death suit.
563
00:31:47,873 --> 00:31:50,217
Criminal trial wouldn't be far behind.
564
00:31:50,275 --> 00:31:54,781
If you can put Eli Madison in Taos
at the time of Dwayne Evans's death,
565
00:31:54,846 --> 00:31:59,852
we might be able to persuade
the New Mexico medical examiner
to have Evans‘s body exhumed.
566
00:32:02,487 --> 00:32:05,900
Eleven airlines flew into Albuquerque
during that time period.
567
00:32:05,957 --> 00:32:09,962
[Beeping]
Checking first class for those weeks.
568
00:32:10,028 --> 00:32:12,167
No Eli Madison on any of them.
569
00:32:12,230 --> 00:32:14,836
I can check coach too.
That's gonna take some time.
570
00:32:14,900 --> 00:32:17,574
Yeah, well, you might as well.
571
00:32:17,636 --> 00:32:21,584
Maybe he drove to Taos
from Phoenix or L.A. or Las Vegas.
572
00:32:21,640 --> 00:32:24,246
The needle in a haystack.
What about the family jet?
573
00:32:24,309 --> 00:32:27,119
Isn't there a small airport in Santa Fe?
I checked that already.
574
00:32:27,179 --> 00:32:29,682
The Madison Gulf stream
was in St. Bart's that month.
575
00:32:29,748 --> 00:32:32,251
See what you can come up with.
I'll come back later.
576
00:32:32,317 --> 00:32:35,821
If you can't find anything into
Albuquerque, expand your search.
577
00:32:37,622 --> 00:32:40,398
Wait a minute.
578
00:32:40,459 --> 00:32:42,564
Try Jennifer Shelby.
579
00:32:49,501 --> 00:32:52,482
A Jennifer Shelby flew into
Albuquerque, New Mexico...
580
00:32:52,537 --> 00:32:55,450
three days before Dwayne Evans
had his accident.
581
00:32:55,507 --> 00:33:00,149
On the same day, Dwayne Evans
rented a car at the Albuquerque
airport and drove to Taos.
582
00:33:00,212 --> 00:33:03,386
He checked into the Casa Benitez
in the company of a woman...
583
00:33:03,448 --> 00:33:06,361
who matches the description
of Jennifer Shelby.
584
00:33:06,418 --> 00:33:08,659
Eli Madison.
585
00:33:08,720 --> 00:33:12,532
When the cops went to talk to her
about Dwayne‘s accident,
586
00:33:12,591 --> 00:33:15,731
she'd split, vanished into thin air.
587
00:33:15,794 --> 00:33:17,740
With Dwayne Evans dead,
588
00:33:17,796 --> 00:33:21,744
all that was available for either the
civil suit or a possible criminal case...
589
00:33:21,800 --> 00:33:24,440
was his deposition testimony.
590
00:33:24,503 --> 00:33:27,211
Which was Eli's alibi.
591
00:33:28,673 --> 00:33:31,984
Send pictures of Eli Madison
in and out of drag...
592
00:33:32,043 --> 00:33:33,954
to the Taos P.D.
593
00:33:34,012 --> 00:33:36,925
Ask them to do a photo array
for the people at the inn...
594
00:33:36,982 --> 00:33:40,156
and file charges... murder two...
for killing Caroline Madison.
595
00:33:40,218 --> 00:33:42,255
We still don't have the body.
596
00:33:42,320 --> 00:33:47,065
Last I looked, killing a witness
is evidence of the underlying crime.
597
00:33:47,125 --> 00:33:50,971
With all the other evidence,
it finally ought to be enough
to get an indictment.
598
00:33:51,029 --> 00:33:55,307
I'm gonna contact
the authorities in New Mexico,
have them exhume Dwayne Evans.
599
00:33:55,367 --> 00:33:58,371
They may want to file charges
of their own.
600
00:34:01,473 --> 00:34:03,976
At our request, the New Mexico authorities...
601
00:34:04,042 --> 00:34:06,784
exhumed and autopsied
the remains of Dwayne Evans.
602
00:34:06,845 --> 00:34:10,156
I compared D.N.A. from skin taken
from under Mr. Evans's fingernails.
603
00:34:10,215 --> 00:34:12,786
to court-ordered D.N.A.
taken from the defendant.
604
00:34:12,851 --> 00:34:16,128
- And what did you find?
- The D.N.A. matched at 10 regions.
605
00:34:16,187 --> 00:34:18,531
And from that, you're able to conclude...
606
00:34:18,590 --> 00:34:21,730
The skin under Dwayne Evans's
fingernails was Eli Madison's.
607
00:34:21,793 --> 00:34:24,899
[McCoy] Dr. Faruzzi, what method
did you use...
608
00:34:24,963 --> 00:34:27,967
to compare D.N.A.
from the several samples?
609
00:34:28,033 --> 00:34:30,343
P.C.R. analysis.
610
00:34:30,402 --> 00:34:34,407
You didn't use Restriction Fragment
Length Polymorphism analysis?
611
00:34:34,472 --> 00:34:37,214
R.F.L.P.? I didn't need to.
612
00:34:37,275 --> 00:34:40,222
Eight years ago, if Dwayne Evans‘s death...
613
00:34:40,278 --> 00:34:42,485
had not been ruled an accident,
614
00:34:42,547 --> 00:34:46,552
what method would the New Mexico
forensic scientists have used?
615
00:34:46,618 --> 00:34:49,690
Eight years ago, R.F.L.P. analysis
was state-of-the-art.
616
00:34:49,754 --> 00:34:52,758
And now?
It's hardy used at all.
617
00:34:52,824 --> 00:34:56,067
There are much more efficient
and accurate methods of testing.
618
00:34:56,127 --> 00:34:59,665
- Such as?
- P.C.R. analysis.
619
00:35:00,732 --> 00:35:03,042
No further questions,
Your Honor.
620
00:35:06,438 --> 00:35:08,440
We were best friends.
621
00:35:10,141 --> 00:35:14,351
I needed to talk to someone.
But why go in disguise?
622
00:35:14,412 --> 00:35:17,916
Why visit Dwayne Evans as Jennifer Shelby?
To protect Dwayne's privacy.
623
00:35:17,983 --> 00:35:20,259
The police, the press wouldn't leave me alone.
624
00:35:20,318 --> 00:35:24,528
Everywhere I went, following me,
accusing me, taking pictures,
asking stupid questions!
625
00:35:24,589 --> 00:35:27,763
[Archer] Can you explain how your skin
got under Dwayne's fingernails?
626
00:35:27,826 --> 00:35:30,170
Yes.
627
00:35:30,228 --> 00:35:32,504
We were lovers.
628
00:35:32,564 --> 00:35:35,238
Did you go hiking with Dwayne that day?
No.
629
00:35:35,300 --> 00:35:39,112
Ah. So tell us what happened.
We made love early that morning.
630
00:35:39,170 --> 00:35:43,050
And then Dwayne left to go hiking
in the Rio Grande gorge.
631
00:35:43,108 --> 00:35:46,089
He was supposed to come back by noon.
632
00:35:46,144 --> 00:35:48,750
He didn't come back.
633
00:35:48,813 --> 00:35:51,384
By 4:00, I was worried sick.
634
00:35:51,449 --> 00:35:55,295
By 6:00 I was panic-stricken,
and by 9:00 I knew something
terrible had happened to him.
635
00:35:55,353 --> 00:35:57,993
[Archer] Why didn't you call the police?
I panicked.
636
00:35:58,056 --> 00:36:02,971
Because of my wife's disappearance,
I knew they would have thought
I had some thing to do with it.
637
00:36:03,028 --> 00:36:06,498
Dwayne had taken the rental car.
I was stranded; I didn't know what to do.
638
00:36:06,565 --> 00:36:10,240
The next morning I caught an early bus
to Colorado Springs and flew home.
639
00:36:10,302 --> 00:36:14,114
So you didn't have anything to do
with Dwayne's accident?
640
00:36:14,172 --> 00:36:16,914
Of course not.
641
00:36:16,975 --> 00:36:19,979
I loved him more than anyone.
642
00:36:21,646 --> 00:36:24,752
I'm sorry I wasn't there that day.
643
00:36:24,816 --> 00:36:27,490
Maybe I could've helped him.
644
00:36:30,255 --> 00:36:32,201
[Sobs]
645
00:36:46,171 --> 00:36:49,880
You say you could have helped him
You don't do well under pressure.
646
00:36:49,941 --> 00:36:52,888
Do you, Mr. Madison?
I don't know what you mean.
647
00:36:52,944 --> 00:36:55,447
Your fiiend Dwayne doesn't come back from a hike.
648
00:36:55,513 --> 00:36:58,983
You don't call the police, park rangers, E.M.S.
649
00:36:59,050 --> 00:37:02,054
I explained why I didn’t do any of that.
I was under a cloud.
650
00:37:02,120 --> 00:37:05,397
Isn 't it true that when
your wife Caroline disappeared,
651
00:37:05,457 --> 00:37:08,028
it took you three clays to report her missing?
652
00:37:08,093 --> 00:37:11,131
I was away with Dwayne.
I didn't even know she was gone.
653
00:37:12,597 --> 00:37:17,239
Of course, Dwayne's not here
to corroborate your story.
654
00:37:17,302 --> 00:37:19,282
Objection!
[Judge] Sustained
655
00:37:19,337 --> 00:37:23,479
Withdrawn. You didn't call the
police for your friend Dwayne.
656
00:37:23,541 --> 00:37:28,490
It took you three clays to call the police
about your wife's disappearance.
657
00:37:28,546 --> 00:37:33,188
Mr. Madison, did you call the police
when your friend Roger Barry died?
658
00:37:33,251 --> 00:37:35,322
Approach, Your Honor.
659
00:37:39,658 --> 00:37:42,366
Your Honor, Mr. McCoy is attempting
to introduce into evidence...
660
00:37:42,427 --> 00:37:45,567
facts relating to charges that my
client was recently acquitted of.
661
00:37:45,630 --> 00:37:50,807
- I read the papers, Mr. Archer.
- I'm trying to establish a pattern
of behavior on Mr. Madison's part.
662
00:37:50,869 --> 00:37:54,248
Some of his behavior may be
considered bizarre or inappropriate,
663
00:37:54,306 --> 00:37:56,616
but not admissible.
664
00:37:56,675 --> 00:38:01,283
Inappropriate? He admitted cutting
Mr. Barry's body into pieces when he died.
665
00:38:01,346 --> 00:38:05,624
Some of the facts, out of context,
may be so gruesome, Your Honor,
as to be prejudicial.
666
00:38:05,684 --> 00:38:07,630
I agree, Mr. Archer.
667
00:38:07,685 --> 00:38:10,598
You may question the defendant about
his failure to notify the authorities,
668
00:38:10,655 --> 00:38:14,068
but not about what he did subsequently.
669
00:38:14,125 --> 00:38:16,503
So, Mr. Madison,
670
00:38:16,561 --> 00:38:20,236
did you call the police
when your friend Roger Barry died?
671
00:38:20,298 --> 00:38:24,576
No.
What were the circumstances of his death?
672
00:38:24,636 --> 00:38:27,742
- He had a heart attack.
- A heart attack? Are you a doctor?
673
00:38:28,773 --> 00:38:31,344
- No.
- Did you call an ambulance?
674
00:38:31,409 --> 00:38:33,446
No.
Why not?
675
00:38:33,511 --> 00:38:36,754
I thought I might be blamed
for what happened to him.
676
00:38:36,815 --> 00:38:39,421
Just as you thought you might be blamed
for your friend Dwayne Evans's accident.
677
00:38:39,484 --> 00:38:41,464
Yes.
678
00:38:41,519 --> 00:38:44,898
Just as you thought you mightbe blamed
for the disappearance of your wife, Caroline.
679
00:38:44,956 --> 00:38:47,459
- Yes.
- Blamed...
680
00:38:47,525 --> 00:38:51,473
for a disappearance,
an accident and a heart attack.
681
00:38:51,529 --> 00:38:53,907
The police, they were out to get me!
682
00:38:53,965 --> 00:38:56,445
With three dead bodies,
can you blame them?
683
00:38:56,501 --> 00:38:59,778
[Archer] Objection!
Withdrawn.
684
00:38:59,838 --> 00:39:02,182
No further questions,
Your Honor.
685
00:39:02,240 --> 00:39:04,914
In that case, Your Honor,
the defense rests.
686
00:39:04,976 --> 00:39:08,014
The People wish to call
a rebuttal witness, Your Honor.
687
00:39:11,916 --> 00:39:14,726
Mr. Evans was staying
at our bed and breakfast...
688
00:39:14,786 --> 00:39:17,767
when he had his hiking accident.
689
00:39:17,822 --> 00:39:21,133
- I remember him very well
- That was eight years ago.
690
00:39:21,192 --> 00:39:25,106
We never had a guest die
before... or since.
691
00:39:25,163 --> 00:39:28,076
You don't forget something
like that, believe me.
692
00:39:28,133 --> 00:39:31,876
- Was he alone?
- He was with a woman. They checked in together.
693
00:39:31,936 --> 00:39:34,644
Do you see that individual in the courtroom?
694
00:39:34,706 --> 00:39:38,051
Yes, sort of.
695
00:39:38,109 --> 00:39:40,055
The defendant.
696
00:39:43,081 --> 00:39:46,290
You said Mr. Evans was with a woman.
697
00:39:46,351 --> 00:39:48,854
The police showed me some pictures,
and I recognized her.
698
00:39:48,920 --> 00:39:52,527
Then they showed me some pictures
without her wig, and it was him.
699
00:39:52,590 --> 00:39:54,934
The defendant?
Yes.
700
00:39:54,993 --> 00:39:57,906
Did you see Mr. Evans
on the day he had his accident?
701
00:39:57,962 --> 00:40:00,636
I was up early fixing breakfast
for the guests.
702
00:40:00,698 --> 00:40:04,646
I heard a car start up.
I looked out the window,
and I saw Mr. Evans drive off.
703
00:40:04,702 --> 00:40:09,344
- Was he alone?
- There was someone in the car with him
on the passenger side.
704
00:40:09,407 --> 00:40:12,752
Could you see who it was?
It was too dark.
705
00:40:12,810 --> 00:40:16,656
Did you see the defendant, Miss Shelby,
as you knew her...
706
00:40:16,714 --> 00:40:18,660
at any time that day?
707
00:40:18,716 --> 00:40:23,290
A little after noon, I saw her get out
of a car out at the road...
708
00:40:23,354 --> 00:40:26,563
and walk down the driveway
of the hotel to her room.
709
00:40:26,624 --> 00:40:28,695
How did she look?
710
00:40:28,760 --> 00:40:33,505
She looked hot, tired...
and very dusty.
711
00:40:33,565 --> 00:40:35,511
Did you see her again?
712
00:40:35,567 --> 00:40:39,481
No, the next morning I went
to change the sheets in their room,
and she was gone.
713
00:40:39,537 --> 00:40:42,814
His stuff was still in the room
but not hers.
714
00:40:42,874 --> 00:40:44,979
And then the police came.
715
00:40:45,043 --> 00:40:47,523
They discovered Mr. Evans's body.
716
00:40:58,556 --> 00:41:02,231
[Judge] Have you reached a verdict
in the death of Caroline Madison?
We have.
717
00:41:02,293 --> 00:41:05,433
On the sole count of the indictment
murder in the second degree,
718
00:41:05,496 --> 00:41:08,375
how do you find the defendant, Eli Madison?
719
00:41:08,433 --> 00:41:11,039
We find the defendant guilty.
720
00:41:24,682 --> 00:41:27,322
A homicide conviction without a body.
721
00:41:27,385 --> 00:41:30,992
That's the prosecutor's quadruple jump.
722
00:41:31,055 --> 00:41:34,400
- I'm not gloating.
- Ah, go ahead. You're entitled.
723
00:41:36,127 --> 00:41:39,870
Guess justice isn't always for sale.
724
00:41:39,931 --> 00:41:41,933
Not today anyway.
725
00:42:23,775 --> 00:42:26,722
[Howling]
62370
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