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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:06,273 --> 00:00:08,002 NARRATOR: In the criminal justice system 2 00:00:08,075 --> 00:00:11,943 the people are represented by two separate yet equally important groups, 3 00:00:12,012 --> 00:00:13,844 the police who investigate crime 4 00:00:13,914 --> 00:00:16,679 and the district attorneys who prosecute the offenders. 5 00:00:16,750 --> 00:00:18,377 These are their stories. 6 00:00:22,322 --> 00:00:25,917 MAN 1: It's unbelievable. It holds, like, over 10,000 songs. 7 00:00:25,993 --> 00:00:28,621 MAN 2: Dude, you don't even know 10,000 songs. 8 00:00:28,695 --> 00:00:30,129 And where do you get off buying something like this 9 00:00:30,197 --> 00:00:31,494 when you still owe me a hundred bucks? 10 00:00:31,565 --> 00:00:34,159 MAN 1: (STAMMERS) I know 100,000 songs. 11 00:00:34,234 --> 00:00:36,396 That's why they call me the Human Juke Box. 12 00:00:36,770 --> 00:00:40,400 Hey, grab me a corn muffin. I got to hit the head. 13 00:00:40,474 --> 00:00:42,943 Yeah,yeah,yeah. Black coffee and a corn muffin. 14 00:00:51,018 --> 00:00:53,419 Yo, bro. Canadian. 15 00:00:53,787 --> 00:00:56,154 So? What is the difference? 16 00:00:56,223 --> 00:00:58,214 About 30 cents on the damned dollar! 17 00:00:58,292 --> 00:01:00,920 It's useless, you understand? It's a slug! 18 00:01:02,296 --> 00:01:04,492 (LOUD CRASHING) 19 00:01:11,605 --> 00:01:14,302 (ALL SCREAMING) 20 00:01:15,208 --> 00:01:16,471 Jerry? 21 00:01:19,413 --> 00:01:20,574 Jerry! 22 00:01:21,348 --> 00:01:23,578 OFFICER: We got 20 or so injured, a couple of them serious. 23 00:01:23,650 --> 00:01:25,015 ED: Lucky it wasn't rush hour. 24 00:01:25,085 --> 00:01:26,610 It would have been worse, but the ferry troop 25 00:01:26,687 --> 00:01:28,086 pulled a bunch of the injured out of the water. 26 00:01:28,155 --> 00:01:29,782 They're real heroes. They deserve a medal. 27 00:01:29,856 --> 00:01:33,383 One DOA. Female, white. We found her purse on the rear upper deck. 28 00:01:33,460 --> 00:01:34,450 ID? 29 00:01:34,528 --> 00:01:38,658 Yeah. Driver's license says her name's Donna McClean, 34. Brooklyn address. 30 00:01:38,732 --> 00:01:41,167 Thanks. Hey, Brody, what you got? 31 00:01:41,635 --> 00:01:44,195 The foam around her mouth would indicate she drowned. 32 00:01:44,304 --> 00:01:47,171 Looks like she hit her head on the side of the boat when she fell. 33 00:01:47,240 --> 00:01:51,006 Pretty nasty blow. Wouldn't be surprised if she fractured her skull. 34 00:01:51,078 --> 00:01:52,068 All right. 35 00:01:52,779 --> 00:01:53,803 Hey, anything? 36 00:01:53,880 --> 00:01:56,406 No, everybody says the boat should have stopped, but didn't. 37 00:01:56,483 --> 00:01:57,951 Smacked the dock petal to the medal. 38 00:01:58,018 --> 00:01:59,179 Did anybody see her go in? 39 00:01:59,319 --> 00:02:00,411 No. Nobody mentioned athing. 40 00:02:00,487 --> 00:02:02,182 Carlsen. DOT. 41 00:02:02,255 --> 00:02:05,054 I'm curious. What's Homicide doing at an accident scene? 42 00:02:05,125 --> 00:02:07,059 Two words, "dead body." Criminal liability. 43 00:02:07,127 --> 00:02:08,617 Well, we don't know that yet. Well, we do 44 00:02:08,695 --> 00:02:10,720 until we prove otherwise, okay? 45 00:02:10,797 --> 00:02:13,289 Detective? I found this in the Pilothouse. 46 00:02:15,102 --> 00:02:16,797 Gin. See what I mean? 47 00:02:16,870 --> 00:02:19,237 Okay. Let's go talk to Captain Tanqueray. 48 00:02:19,306 --> 00:02:21,502 The pilot we got back here. You lead the way. 49 00:02:26,680 --> 00:02:28,648 He was just here. He was drinking coffee. 50 00:02:28,715 --> 00:02:30,444 You left him by himself? 51 00:02:30,517 --> 00:02:32,781 Sorry. I'll, um... I'm going to get you his name and address. 52 00:02:32,853 --> 00:02:34,218 ED: Do that, man. 53 00:02:34,287 --> 00:02:36,779 Hey, can you get CSU to dust and voucher these cups? 54 00:02:38,191 --> 00:02:40,455 That's an awful lot of coffee for one guy, isn't it? 55 00:02:40,527 --> 00:02:42,393 Not if you're trying to sober up. 56 00:02:47,734 --> 00:02:49,099 (SIREN WAILS) 57 00:02:49,236 --> 00:02:50,829 ED: Damn! What are the Feds doing here? 58 00:02:50,904 --> 00:02:53,532 FONTANA: Federal Maritime Law. You kill somebody in U.S. waters 59 00:02:53,607 --> 00:02:55,837 through negligence or misconduct. 60 00:02:57,644 --> 00:02:58,770 NYPD? 61 00:02:58,845 --> 00:03:00,677 Homicide. Detective Green. 62 00:03:01,515 --> 00:03:02,641 Fontana. 63 00:03:02,716 --> 00:03:04,013 Special Agent Diamond. 64 00:03:04,351 --> 00:03:05,614 The pilot's MIA. 65 00:03:05,719 --> 00:03:07,050 Butthen, I guess you guys know that. 66 00:03:07,587 --> 00:03:09,077 Sorry, guys, this one's ours. 67 00:03:09,156 --> 00:03:10,453 Well, if you need anything. 68 00:03:11,191 --> 00:03:13,455 (LAUGHS) I appreciate it. Take it easy. 69 00:03:15,062 --> 00:03:16,325 Stiff. 70 00:03:16,396 --> 00:03:18,091 Yeah, when you walk on water. 71 00:03:19,166 --> 00:03:21,134 Come on, I want to show you something. 72 00:03:26,707 --> 00:03:27,902 You see this stuff? 73 00:03:28,442 --> 00:03:29,841 This is copper based paint. 74 00:03:29,943 --> 00:03:31,274 I think they use it on boats 75 00:03:31,344 --> 00:03:33,472 and ships and hulls. Stuff like that. 76 00:03:33,547 --> 00:03:36,244 What are you saying? That the Feds are looking for the wrong kind of vehicle? 77 00:03:36,316 --> 00:03:37,613 Maybe the guy's got a boat. 78 00:03:37,684 --> 00:03:39,413 Well, wouldn't the boat be registered with his car? 79 00:03:39,486 --> 00:03:41,386 Let's see if it's registered in his wife's name. 80 00:03:42,589 --> 00:03:44,318 You did say we'd help him. Uh-huh. 81 00:03:48,929 --> 00:03:50,294 There's no signs of life. 82 00:03:50,363 --> 00:03:52,695 Hey, if we see anything, we step off, we get a warrant, all right? 83 00:03:52,766 --> 00:03:54,029 Oh, yeah, sure. 84 00:03:57,971 --> 00:04:00,201 Mr. Williams? Anybody home? 85 00:04:02,042 --> 00:04:03,168 It's the police. 86 00:04:04,411 --> 00:04:08,211 Captain? NYPD. We need to talk to you, sir. 87 00:04:15,355 --> 00:04:17,153 Aw, jeez Louise! 88 00:05:06,706 --> 00:05:08,606 (SIREN WAILING) 89 00:05:08,675 --> 00:05:10,473 Is he going to make it? ED: Uh-huh. 90 00:05:10,544 --> 00:05:12,137 Lucky we got here in time. 91 00:05:13,346 --> 00:05:14,836 Thanks. You're welcome. 92 00:05:17,350 --> 00:05:18,442 What the hell is this? 93 00:05:18,518 --> 00:05:20,748 I'm going to tell you what it is, Agent Diamond. 94 00:05:20,821 --> 00:05:24,758 It's my tailor-made Italian silk shirt with his blood on it. 95 00:05:24,825 --> 00:05:26,452 A little thing we like to call evidence. 96 00:05:26,526 --> 00:05:28,688 You take it and you run a toxicology screen. 97 00:05:28,762 --> 00:05:30,662 And by the way, I'm billing the FBI. 98 00:05:30,864 --> 00:05:32,059 Now, excuse me. 99 00:05:33,400 --> 00:05:34,595 (CHUCKLES) 100 00:05:36,136 --> 00:05:39,731 $300 Italian silk. I got it the last time I was in Rome, 101 00:05:39,806 --> 00:05:42,935 at this great little negozio just off the Piazza Navona. 102 00:05:43,910 --> 00:05:45,571 Oh, well. Easy come, easy go. 103 00:05:45,645 --> 00:05:47,443 Listen, I just heard from the U.S. Attorney. 104 00:05:47,514 --> 00:05:49,448 They're running his blood alcohol now. 105 00:05:49,516 --> 00:05:50,984 Guaranteed he was three sheets to the wind. 106 00:05:51,051 --> 00:05:52,416 Anyway, he's the Feds' problem now. 107 00:05:52,485 --> 00:05:55,511 Yeah, but a couple of the injured were city workers, 108 00:05:55,589 --> 00:05:58,854 so the Manhattan D.A. is planning to file charges of his own. 109 00:05:58,925 --> 00:06:00,415 So what are you saying, Lieutenant? 110 00:06:00,493 --> 00:06:03,519 I'm going to need you to re-interview those witnesses. 111 00:06:04,264 --> 00:06:05,823 I got a clean shirt in my locker. 112 00:06:07,868 --> 00:06:09,029 $300 shirts? 113 00:06:09,636 --> 00:06:11,695 (LAUGHS) You should see his ride! 114 00:06:15,342 --> 00:06:16,969 I was working forward deck. 115 00:06:17,043 --> 00:06:19,740 I heard a scream, and then a splash, 116 00:06:19,813 --> 00:06:21,281 and then the ferry hit the dock. 117 00:06:21,348 --> 00:06:23,817 Wait. Run that by me again. You heard something before the crash. 118 00:06:24,117 --> 00:06:26,745 Yes. I went to the starboard side rail. 119 00:06:26,820 --> 00:06:28,652 I thought I saw someone in the water, 120 00:06:28,722 --> 00:06:30,690 but then the boat hit and threw me down. 121 00:06:30,857 --> 00:06:33,189 You're sure that's the way it happened? Yes. 122 00:06:33,260 --> 00:06:36,059 Scream, splash, somebody's in the water, crash. 123 00:06:36,129 --> 00:06:37,119 Positive. 124 00:06:37,697 --> 00:06:39,392 (CELL PHONE RINGING) Excuse me. 125 00:06:39,466 --> 00:06:43,198 Hello? Uh-huh. Okay. Thanks. 126 00:06:44,604 --> 00:06:47,369 Lab results are in. Pilot wasn't intoxicated. 127 00:06:48,041 --> 00:06:49,907 Well, whose flask of gin did we find then? 128 00:06:49,976 --> 00:06:52,502 Who knows? It could have been from the night shift. 129 00:06:53,480 --> 00:06:54,709 Doesn't mean he's off the hook. 130 00:06:54,781 --> 00:06:56,647 He was still asleep behind the wheel. 131 00:06:56,716 --> 00:07:00,175 Deck hand says he heard a scream and a splash before the crash. 132 00:07:00,253 --> 00:07:02,278 Donna McClean, the DOA? Maybe. 133 00:07:02,355 --> 00:07:04,323 The deck hand thinks he saw somebody in the water, 134 00:07:04,391 --> 00:07:05,449 but he's not sure who. 135 00:07:05,525 --> 00:07:07,118 Why couldn't it have been suicide? 136 00:07:07,227 --> 00:07:08,854 Well, it could have been, but why would you wait 137 00:07:08,929 --> 00:07:10,897 until you're almost docked to take a swan dive? 138 00:07:10,964 --> 00:07:12,591 Why not take your shot in the middle of the harbor 139 00:07:12,666 --> 00:07:14,134 where nobody could fish you out? 140 00:07:14,200 --> 00:07:15,861 Plus the head injury. That's more like she fell. 141 00:07:15,936 --> 00:07:17,665 If she had jumped, she probably would have cleared the boat. 142 00:07:17,737 --> 00:07:19,466 If she fell, that's an accident. 143 00:07:19,539 --> 00:07:20,665 Not if she had help. 144 00:07:20,740 --> 00:07:23,573 Then she's our DOA, not the Feds'. 145 00:07:25,211 --> 00:07:26,679 RODGERS: Hairline skull fracture. 146 00:07:27,447 --> 00:07:29,438 Traces of paint found in the head wound 147 00:07:29,516 --> 00:07:31,507 match paint from the lower railing. 148 00:07:31,584 --> 00:07:32,813 ED: There was blood on the railing, too. 149 00:07:32,886 --> 00:07:34,513 Yeah. DNA lab's running it now. 150 00:07:34,587 --> 00:07:36,214 I'll bet you a dollar it's hers. 151 00:07:36,589 --> 00:07:37,750 Did the fall kill her? 152 00:07:37,824 --> 00:07:40,759 Well, didn't do her any good, but not directly, no. 153 00:07:41,261 --> 00:07:42,558 It might have knocked her out cold, 154 00:07:42,629 --> 00:07:44,961 but she was alive when she hit the water. She drowned. 155 00:07:45,065 --> 00:07:46,965 Any defensive wounds? Did she struggle? 156 00:07:47,033 --> 00:07:48,023 No. 157 00:07:49,936 --> 00:07:53,167 But look at these bruises. 158 00:07:54,607 --> 00:07:57,372 Hmm. Just about the height of the top rail. 159 00:07:58,244 --> 00:07:59,973 Right where they'd be if somebody pushed her hard enough 160 00:08:00,046 --> 00:08:01,480 to put her into the drink. 161 00:08:05,418 --> 00:08:06,817 McCLEAN: Any idea what happened yet? 162 00:08:06,886 --> 00:08:09,048 The investigation is going to take awhile. 163 00:08:09,356 --> 00:08:10,755 So far they're not ruling out anything. 164 00:08:11,458 --> 00:08:13,825 What was your wife doing on that ferry anyway? 165 00:08:13,893 --> 00:08:15,793 She had an appointment to get her hair done in Midtown. 166 00:08:17,330 --> 00:08:18,593 Mr. McClean. 167 00:08:20,300 --> 00:08:22,234 Was your wife depressed at all? 168 00:08:22,969 --> 00:08:26,872 What are you talking about? Are you saying she jumped? This was an accident. 169 00:08:27,340 --> 00:08:28,899 We have a witness that may have seen Donna 170 00:08:28,975 --> 00:08:30,773 in the water before the ferry crashed. 171 00:08:30,844 --> 00:08:34,144 No way. We were very happy. We have a great family. 172 00:08:35,215 --> 00:08:36,580 She'd never leave us on purpose. 173 00:08:38,118 --> 00:08:39,347 You're a firefighter? 174 00:08:41,221 --> 00:08:42,211 Retired. 175 00:08:43,289 --> 00:08:44,450 You were there? Ground Zero? 176 00:08:46,026 --> 00:08:48,017 Yeah. We all were. 177 00:08:49,529 --> 00:08:50,792 GIRL: Ed? 178 00:08:51,297 --> 00:08:52,696 Sarah's crying again. 179 00:08:54,334 --> 00:08:55,768 Look, I appreciate your concern, 180 00:08:55,835 --> 00:08:57,599 but this was an accident. 181 00:08:58,104 --> 00:09:01,404 So find out who was responsible and nail them to the wall, okay? 182 00:09:05,178 --> 00:09:08,011 When you were a kid, did you ever call your old man by his first name? 183 00:09:08,081 --> 00:09:11,779 (SCOFFS) Not unless I wanted to smell the Aqua Velva on the back of his hand. 184 00:09:13,753 --> 00:09:15,881 Okay. I got it. Thanks. 185 00:09:16,356 --> 00:09:18,188 Donna McClean legally changed her name 186 00:09:18,258 --> 00:09:20,522 about two years ago when she married Ed McClean. 187 00:09:20,593 --> 00:09:22,755 Before that she was Donna Mahar, 188 00:09:22,829 --> 00:09:25,321 married to a Joe Mahar, also a firefighter. 189 00:09:25,398 --> 00:09:26,797 So let's go talk to Joe Mahar. 190 00:09:26,866 --> 00:09:28,630 Uh-uh. Died in 9/11. 191 00:09:28,701 --> 00:09:31,261 He was in the same engine company as Ed McClean. 192 00:09:34,607 --> 00:09:36,234 Joe and Ed were inseparable. 193 00:09:36,309 --> 00:09:38,175 Frick and Frigging Frack we called them. 194 00:09:38,244 --> 00:09:40,042 That's why Ed got assigned Donna after Joe died. 195 00:09:40,113 --> 00:09:41,137 Assigned? 196 00:09:41,247 --> 00:09:43,511 When one of our own dies, we look after the widow. 197 00:09:43,583 --> 00:09:45,347 Help them with groceries, bills. 198 00:09:46,286 --> 00:09:49,278 I think Ed did more than unpack a few D'Agostino bags. 199 00:09:49,355 --> 00:09:51,551 Hey, listen. Things happen. 200 00:09:51,624 --> 00:09:53,353 You know how emotional it was. The aftermath. 201 00:09:53,426 --> 00:09:54,791 We all lost near and dear. 202 00:09:54,861 --> 00:09:57,558 Yeah, so I'm saying they comforted each other. 203 00:09:57,630 --> 00:10:00,065 Right after the attacks, Ed spent a lot of time with Donna. 204 00:10:00,166 --> 00:10:02,191 All right. One thing led to another. 205 00:10:03,136 --> 00:10:05,332 Well, what about Ed? Was he married? 206 00:10:05,405 --> 00:10:07,772 Collette. High school sweethearts. That kind of thing. 207 00:10:07,841 --> 00:10:10,242 ED: They got kids? Ten-year-olds. Twin boys. 208 00:10:10,310 --> 00:10:11,505 He's a good father, Ed. 209 00:10:11,978 --> 00:10:14,948 Really? And he left their mother for his best friend's widow? 210 00:10:16,716 --> 00:10:19,651 What kind of settlement did Donna get for her husband's death? 211 00:10:19,719 --> 00:10:21,778 Those 9/11 settlements ran in the millions. 212 00:10:21,855 --> 00:10:24,051 Ed wasn't after her money. 213 00:10:24,124 --> 00:10:26,855 He fell in love with Donna. He didn't mean to, hejust did. 214 00:10:30,797 --> 00:10:32,162 (DOORBELL RINGING) 215 00:10:32,932 --> 00:10:34,195 WOMAN: You looking for Collette? 216 00:10:35,401 --> 00:10:38,894 Yeah. NYPD. Do you know where we can find her? 217 00:10:39,372 --> 00:10:40,498 She's at work. 218 00:10:40,974 --> 00:10:42,271 FONTANA: How well do you known the McCleans? 219 00:10:42,976 --> 00:10:44,705 Yeah, her name's Connolly now. 220 00:10:44,777 --> 00:10:47,212 It's her maiden name. She went back to it after the divorce. 221 00:10:48,414 --> 00:10:49,745 So, do you know Ed and Collette pretty well? 222 00:10:50,116 --> 00:10:51,379 Sure. Forever. 223 00:10:52,152 --> 00:10:53,847 This is a very tight-knit community. 224 00:10:54,387 --> 00:10:55,377 Was. 225 00:10:56,389 --> 00:10:58,585 Come in for a minute. I got to keep an eye on my husband. 226 00:11:02,028 --> 00:11:05,396 You know, people have to wait a little longer in line at the airports, 227 00:11:05,465 --> 00:11:07,866 saying 9/11 changed everything. 228 00:11:09,102 --> 00:11:10,501 They have no idea. 229 00:11:10,570 --> 00:11:13,198 This neighborhood? We used to do everything together. 230 00:11:13,273 --> 00:11:15,935 I mean, everybody worked for the fire department, police. 231 00:11:16,843 --> 00:11:18,106 Now we're strangers. 232 00:11:19,245 --> 00:11:22,044 Divorce, remarriage... 233 00:11:22,782 --> 00:11:25,752 It will never be like it was, that's for sure. 234 00:11:27,353 --> 00:11:30,015 9111's going to kill Russ just as sure as it killed Joe 235 00:11:30,089 --> 00:11:32,080 and the other men who were there that day. 236 00:11:32,158 --> 00:11:34,991 How so? Russ was at Ground Zero for weeks. 237 00:11:35,929 --> 00:11:38,364 Leukemia. From mercury. 238 00:11:40,166 --> 00:11:42,533 Millions of busted fluorescent light bulbs 239 00:11:43,303 --> 00:11:44,532 from the Towers. 240 00:11:46,339 --> 00:11:48,865 Donna wears a Chanel dress to Joe's memorial, 241 00:11:48,942 --> 00:11:52,537 and the guys who found his body can't even pay their medical bills. 242 00:11:53,646 --> 00:11:55,171 Did you ever ask Donna for help? 243 00:11:56,149 --> 00:11:57,878 No, I don't see Donna anymore. 244 00:11:59,018 --> 00:12:00,679 I'm not a part of her new life. 245 00:12:01,321 --> 00:12:03,119 You mean her new life with Ed McClean? 246 00:12:03,189 --> 00:12:05,351 Her new life with the Dead Wives Club. 247 00:12:06,459 --> 00:12:09,156 What they call themselves, 9/11 widows. 248 00:12:10,496 --> 00:12:12,555 They cleaned up after their husbands died. 249 00:12:12,932 --> 00:12:14,366 From what I heard, it was a lot of money. 250 00:12:14,434 --> 00:12:18,393 No, it's not just the money. It's how they act with it. 251 00:12:19,005 --> 00:12:21,804 Parading it around town like its freaking Mardi Gras, 252 00:12:21,874 --> 00:12:23,706 while the rest of us just scrape by. 253 00:12:24,811 --> 00:12:26,074 Like Collette's scraping by? 254 00:12:26,613 --> 00:12:28,513 That bastard left her high and dry. 255 00:12:28,881 --> 00:12:31,077 Why do you think she had to go back to work? 256 00:12:31,851 --> 00:12:33,546 COLLETTE: I was plenty angry at first, 257 00:12:33,620 --> 00:12:35,179 but you got to move on. 258 00:12:35,255 --> 00:12:37,280 Anger doesn't do anyone any good, 259 00:12:37,357 --> 00:12:38,847 especially not the kids. 260 00:12:40,026 --> 00:12:42,290 Me and Ed, we got to do what's right for the boys' sakes, 261 00:12:42,362 --> 00:12:43,727 try and act civilized. 262 00:12:44,197 --> 00:12:46,165 I just feel sorry for Donna's girls. 263 00:12:46,633 --> 00:12:50,331 You know, Ms. Connolly, we checked into your ex-husband's finances, 264 00:12:50,403 --> 00:12:53,634 and all of the 9111 settlement money is in Donna's name. 265 00:12:53,706 --> 00:12:57,301 She also got death benefits from the city and from Joe's life insurance, 266 00:12:57,744 --> 00:12:59,576 not to mention over$2 million 267 00:12:59,646 --> 00:13:02,081 from the Federal Victims Compensation Fund. 268 00:13:02,148 --> 00:13:04,480 Yeah, well, she deserved it. She lost her husband. 269 00:13:04,751 --> 00:13:06,116 So did you. 270 00:13:07,820 --> 00:13:10,915 Your ex-husband officially retired on a disability pension. 271 00:13:11,424 --> 00:13:13,449 Yeah. After 9111, he couldn't go back to work. 272 00:13:13,526 --> 00:13:14,755 But you had to. 273 00:13:14,827 --> 00:13:17,159 He pays you minimal child support and alimony. 274 00:13:17,330 --> 00:13:18,388 Yeah, what can you do? 275 00:13:18,464 --> 00:13:19,989 I mean, these are things the court decides. 276 00:13:21,200 --> 00:13:23,100 You're very understanding, Ms. Connolly. 277 00:13:23,169 --> 00:13:24,830 Well, like I said, it's for the kids. 278 00:13:24,904 --> 00:13:26,702 And to tell you the truth, I don't mind working. 279 00:13:26,773 --> 00:13:28,298 It gets me out of the house. 280 00:13:30,109 --> 00:13:32,043 How did you break your arm? My wrist. 281 00:13:32,845 --> 00:13:34,745 I fell. My fault. 282 00:13:34,814 --> 00:13:38,045 I was racing up the subway steps late for work and I tripped. 283 00:13:38,117 --> 00:13:40,085 I put my arm out to brace myself, and... 284 00:13:40,153 --> 00:13:41,518 When was that? 285 00:13:42,288 --> 00:13:44,416 The day before yesterday, as a matter of fact. 286 00:13:45,224 --> 00:13:46,817 The same day that Donna died? 287 00:13:46,959 --> 00:13:48,324 That morning, yeah. 288 00:13:49,295 --> 00:13:50,558 It was a bad day. 289 00:13:54,834 --> 00:13:56,393 Thank you. We'll talk again. 290 00:13:58,638 --> 00:14:00,936 She broke her wrist the same day as the crash. 291 00:14:01,007 --> 00:14:02,441 Now, there's a coincidence for you. 292 00:14:02,508 --> 00:14:04,602 Yes, indeed. I tell you one thing. 293 00:14:04,677 --> 00:14:08,739 I never heard a woman talk so good about a man who done her so bad. 294 00:14:11,984 --> 00:14:15,249 Positively, the late Mrs. McClean's blood on the lower railing. 295 00:14:15,321 --> 00:14:17,551 Did CSU find anything on the upper deck? 296 00:14:17,623 --> 00:14:19,819 Fingerprints and two sweaty palm prints 297 00:14:19,892 --> 00:14:22,156 from two different individuals, 298 00:14:22,228 --> 00:14:25,220 both left hands, right next to each other on the upper railing. 299 00:14:25,298 --> 00:14:27,198 CSU lifted a partial off one, 300 00:14:27,266 --> 00:14:28,859 Latent matched it to Mrs. McClean. 301 00:14:29,001 --> 00:14:30,435 What about the other one? Of no value. 302 00:14:30,503 --> 00:14:33,700 But they recovered some DNA from it. Not Mrs. McClean's. 303 00:14:33,773 --> 00:14:36,174 You can get DNA from a sweaty palm print? 304 00:14:36,809 --> 00:14:38,834 (LAUGHS) Low copy number analysis. 305 00:14:38,911 --> 00:14:40,675 You ID any suspects, get me their DNA, 306 00:14:40,747 --> 00:14:42,943 I can run a comparison to see if they match. 307 00:14:44,984 --> 00:14:46,975 Ed McClean's coming in today. 308 00:14:47,120 --> 00:14:48,781 Guilty people don't normally drive themselves 309 00:14:48,855 --> 00:14:50,448 to the M.E.'s office to give up DNA. 310 00:14:50,523 --> 00:14:51,718 Which leaves his ex-wife. 311 00:14:51,791 --> 00:14:53,486 She's not returning our calls. 312 00:14:55,395 --> 00:14:57,830 That's a nice ride. Yeah, it's okay. 313 00:14:57,897 --> 00:15:00,889 So I checked the subway times with Transit. 314 00:15:01,334 --> 00:15:05,896 There are trains that pull into that station at 10:45 and 11:12. 315 00:15:05,972 --> 00:15:09,431 According to Saint Ann's, she signed in the E.R. at 11:15. 316 00:15:09,509 --> 00:15:11,910 So she fell, broke her wrist, 317 00:15:11,978 --> 00:15:14,777 and either waited a half an hour to get medical treatment... 318 00:15:14,847 --> 00:15:18,078 Or she sprinted eight blocks in three minutes with a fractured wrist. 319 00:15:18,818 --> 00:15:20,946 She didn't look like Marion Jones to me. 320 00:15:21,020 --> 00:15:23,455 On the other hand, the ferry crashed at 10:00. 321 00:15:23,723 --> 00:15:26,215 She had plenty of time to get uptown to Saint Ann's. 322 00:15:30,430 --> 00:15:33,331 Just because I can't remember exactly when I fell, that doesn't mean... 323 00:15:33,399 --> 00:15:35,891 Oh, no, no! We're not accusing you of anything. 324 00:15:35,968 --> 00:15:37,936 It's just that we have to clear up 325 00:15:38,004 --> 00:15:40,996 these little discrepancies in the timeline for our report. 326 00:15:41,841 --> 00:15:44,071 It's our boss. She's a stickler like that. 327 00:15:45,745 --> 00:15:47,144 You know? You're right. 328 00:15:48,114 --> 00:15:49,775 I didn't go straight to the hospital. 329 00:15:50,416 --> 00:15:52,851 I waited to see if I put some ice on it, would it feel better. 330 00:15:52,919 --> 00:15:57,755 And it didn't, so that's when I decided I needed to go to the E.R. 331 00:15:58,524 --> 00:16:02,290 Uh-huh. Ms. Connolly? Could I trouble you for a cup of coffee? 332 00:16:02,361 --> 00:16:03,795 I'm dragging, andifldonW get ajolt, 333 00:16:03,863 --> 00:16:05,194 I'm never going to make it through the day. 334 00:16:05,264 --> 00:16:07,733 Sure. I just made a pot. How do you take it? 335 00:16:08,868 --> 00:16:11,200 Black. Truckload of sugar. Thanks. 336 00:16:14,307 --> 00:16:15,468 Do you ever use it? 337 00:16:16,776 --> 00:16:19,473 What? The ferry? I wish. 338 00:16:20,179 --> 00:16:21,408 FONTANA: You should. 339 00:16:21,848 --> 00:16:23,213 I never have time. 340 00:16:23,950 --> 00:16:25,748 Well, didn't you use it the other day? 341 00:16:29,388 --> 00:16:31,220 I took the subway. I told you. 342 00:16:32,525 --> 00:16:34,118 Right. Your wrist. Mmm-hmm. 343 00:16:35,027 --> 00:16:37,826 Thanks. You should pay this parking ticket. 344 00:16:38,197 --> 00:16:40,359 Yeah, I'm a little behind on the bills. 345 00:16:41,133 --> 00:16:43,329 Twins, huh? Mmm-hmm. 346 00:16:43,769 --> 00:16:46,329 I got two boys myself. Eric and Tyler. 347 00:16:46,539 --> 00:16:48,564 Oh, yeah? How old? Twelve and 14. 348 00:16:48,641 --> 00:16:50,700 (LAUGHS) Teenagers. Wow. 349 00:16:51,177 --> 00:16:52,167 It's rough. 350 00:16:54,046 --> 00:16:57,072 You know, if my wife left me and my sons 351 00:16:57,149 --> 00:17:00,016 and lived like royalty while we struggled, 352 00:17:00,820 --> 00:17:02,345 I'd be out of my mind. 353 00:17:03,990 --> 00:17:05,515 Yeah, well, that's you. Not me. 354 00:17:07,126 --> 00:17:11,290 All I'm saying is, I could understand if you did something about it. 355 00:17:14,667 --> 00:17:16,101 I didn't do anything. 356 00:17:17,270 --> 00:17:19,068 Then you wouldn't mind giving us your DNA? 357 00:17:21,040 --> 00:17:23,065 It's the easiest way to get this behind you. 358 00:17:27,880 --> 00:17:29,780 I'll just check with my lawyer first. 359 00:17:32,418 --> 00:17:34,512 You know, most dudes lie about not being married. 360 00:17:34,587 --> 00:17:35,816 Uh, lthought I'd take a shot. 361 00:17:35,888 --> 00:17:37,515 You ever been married? No. Never. You? 362 00:17:37,590 --> 00:17:39,524 Hell, no. Too young. Too old. 363 00:17:39,592 --> 00:17:41,082 Now let's go talk to that E.R. doctor 364 00:17:41,160 --> 00:17:43,390 and find out how she really broke her wrist. 365 00:17:44,230 --> 00:17:47,131 Of course I can't discuss a patient's medical history with you. 366 00:17:47,199 --> 00:17:49,998 Okay. Let's say we spoke in hypotheticals. 367 00:17:50,069 --> 00:17:52,231 Hypotheticals? Oh, yeah. We love hypotheticals. 368 00:17:52,305 --> 00:17:53,636 Okay, shoot. 369 00:17:53,706 --> 00:17:55,333 Okay, let's say, hypothetically, 370 00:17:55,408 --> 00:17:57,877 that somebody's rushing up some concrete steps... 371 00:17:57,944 --> 00:17:59,002 Like a subway. Right. 372 00:17:59,078 --> 00:18:00,603 And they trip and they fall forward. 373 00:18:00,680 --> 00:18:02,079 When someone puts their arm out in front of them 374 00:18:02,148 --> 00:18:03,616 to break their fall, the type of fracture 375 00:18:03,683 --> 00:18:06,653 that results is always the same, a Colles fracture. 376 00:18:06,719 --> 00:18:09,211 Okay, so if somebody has a Colles fracture, 377 00:18:09,288 --> 00:18:13,486 their story of tripping and falling forward would be consistent? 378 00:18:14,994 --> 00:18:17,326 Well, let's say a person has a different sort of fracture. 379 00:18:17,396 --> 00:18:18,659 A Smith's fracture. 380 00:18:19,065 --> 00:18:21,295 There would be a discrepancy in what they're telling you? 381 00:18:21,500 --> 00:18:25,334 A Smith's fracture results from an outstretched arm to prevent a backwards fall. 382 00:18:25,972 --> 00:18:27,235 You understanding what I'm saying? 383 00:18:27,306 --> 00:18:29,297 Yeah. You can't get a Smith's fracture 384 00:18:29,375 --> 00:18:31,776 from a forward fall with your arms stretched out in front of you. 385 00:18:31,844 --> 00:18:33,573 Anatomically impossible. 386 00:18:35,114 --> 00:18:37,674 Two palm prints, both of them left-handed, right? Right. 387 00:18:37,750 --> 00:18:40,117 Let's say Donna McClean was standing here, 388 00:18:40,186 --> 00:18:43,747 put her left hand on the railing as the boat pulled into the dock. 389 00:18:43,823 --> 00:18:45,917 Collette Connolly comes from behind. 390 00:18:45,992 --> 00:18:47,551 Hypothetically. Right. 391 00:18:47,693 --> 00:18:49,388 She pushes her over. Donna screams. 392 00:18:49,462 --> 00:18:51,396 She falls, she hits her head on the lower railing. 393 00:18:51,464 --> 00:18:53,228 She goes into the water, and she drowns. 394 00:18:53,299 --> 00:18:54,630 Now, that's what the deckhand said. 395 00:18:54,700 --> 00:18:57,795 Okay, but how does the second sweat print get on the hand rail? 396 00:18:57,870 --> 00:18:59,964 The killer needs two hands to push the victim over. 397 00:19:00,172 --> 00:19:02,231 Okay. After Donna goes into the water 398 00:19:02,308 --> 00:19:04,072 is when the ferry hit the dock, right? 399 00:19:04,143 --> 00:19:05,167 Right. Okay. 400 00:19:05,244 --> 00:19:07,838 The impact of the crash sends Collette forward, 401 00:19:09,448 --> 00:19:10,438 and then back. 402 00:19:10,516 --> 00:19:13,747 She tries to hold on to the railing with her left hand, 403 00:19:13,819 --> 00:19:15,150 but she can't keep her grip... 404 00:19:15,287 --> 00:19:16,652 Leaving a sweaty palm print. 405 00:19:16,722 --> 00:19:18,417 Exactly. She falls backwards. 406 00:19:18,491 --> 00:19:21,688 She tries to brace her fall with her right hand. 407 00:19:22,728 --> 00:19:23,923 Smith's fracture. 408 00:19:24,363 --> 00:19:25,660 Smith's fracture. 409 00:19:28,334 --> 00:19:29,665 You're in a whole lot of trouble, Collette. 410 00:19:30,703 --> 00:19:34,640 We've got witnesses that saw you push Donna over the side of that boat. 411 00:19:35,508 --> 00:19:38,375 No, that's impossible. lwasn't there. I wasn't on that ferry. 412 00:19:38,444 --> 00:19:39,912 Look, we know you're lying. 413 00:19:40,012 --> 00:19:41,673 We know didn't take the subway. 414 00:19:41,747 --> 00:19:43,841 We know you didn't trip and fall on any stairs. 415 00:19:43,949 --> 00:19:45,747 I told you how I broke my wrist. 416 00:19:45,818 --> 00:19:47,149 Yeah, well, we talked to a doctor 417 00:19:47,219 --> 00:19:49,620 who said that it couldn't have happened the way that you said. 418 00:19:49,689 --> 00:19:50,986 Now when that boat hit the dock, 419 00:19:51,357 --> 00:19:53,485 you fell backwards on the deck and you put your hand behind you. 420 00:19:53,626 --> 00:19:55,094 That's how you broke your wrist. 421 00:19:55,161 --> 00:19:57,255 In the chaos of the crash, you slipped out, 422 00:19:57,329 --> 00:19:59,661 you jumped into a taxi, you went uptown to the hospital. 423 00:19:59,765 --> 00:20:01,790 No, I broke my wrist on the subway. 424 00:20:03,135 --> 00:20:04,466 We found the taxi driver. 425 00:20:04,537 --> 00:20:06,835 He remembers you. He said you were in a whole lot of pain 426 00:20:06,906 --> 00:20:08,806 and he offered to take you to a closer hospital, 427 00:20:08,874 --> 00:20:11,343 but you said, "No. I want to go uptown to Saint Ann's." 428 00:20:12,411 --> 00:20:14,277 Take it easy, will you? 429 00:20:17,083 --> 00:20:18,244 Here you go. 430 00:20:18,584 --> 00:20:19,676 Thanks. 431 00:20:22,655 --> 00:20:24,180 Collette? 432 00:20:25,524 --> 00:20:27,856 You did it for your kids. For your boys, right? 433 00:20:31,464 --> 00:20:32,625 No. 434 00:20:33,833 --> 00:20:35,597 I didn't do anything. 435 00:20:37,103 --> 00:20:38,798 Donna is dead. 436 00:20:38,871 --> 00:20:40,339 Ed inherits all the money. 437 00:20:42,007 --> 00:20:43,406 You can take him back to court. 438 00:20:43,476 --> 00:20:45,342 Make him pay his fair share. 439 00:20:45,411 --> 00:20:49,177 Support his kids the way he's supposed to support his kids. 440 00:20:52,284 --> 00:20:54,981 Put that down now, Collette. Do not take a sip. 441 00:20:55,821 --> 00:20:57,380 Nice try. 442 00:20:57,857 --> 00:21:00,849 You want her DNA, get a warrant. 443 00:21:00,926 --> 00:21:02,155 And why is my client crying? 444 00:21:02,228 --> 00:21:04,458 She has been lying to us every step of the way. 445 00:21:04,530 --> 00:21:05,861 So you say. 446 00:21:05,931 --> 00:21:07,524 You don't have probable cause, 447 00:21:07,600 --> 00:21:09,227 which means you can't hold her. 448 00:21:09,301 --> 00:21:11,065 Come on, Collette. I'm going to take you home. 449 00:21:16,375 --> 00:21:18,537 Well, that could have gone better. 450 00:21:18,611 --> 00:21:20,807 Well, it's too bad that we don't have those witnesses 451 00:21:20,880 --> 00:21:22,405 or that cab driver. 452 00:21:22,481 --> 00:21:24,074 We really wouldn't need her DNA. 453 00:21:24,150 --> 00:21:28,644 Maybe we don't need her to give us her DNA voluntarily. 454 00:21:28,721 --> 00:21:30,746 I spoke to the D.A.'s office. 455 00:21:30,823 --> 00:21:34,054 They're making a warrant application to a friendlyjudge. 456 00:21:34,126 --> 00:21:38,029 Thatjudge better be our brand-new very best friend. 457 00:21:41,867 --> 00:21:44,529 JACK: It's the epitome of judge shopping, YourHonoL 458 00:21:44,603 --> 00:21:46,867 Judge Tucci already signed a warrant 459 00:21:46,939 --> 00:21:49,670 to obtain a DNA exemplar from Collette Connolly. 460 00:21:49,742 --> 00:21:51,801 If he weren't conveniently out of town on vacation, 461 00:21:51,877 --> 00:21:53,311 we wouldn't even be here. 462 00:21:53,379 --> 00:21:57,179 We're moving to quash an improperly granted warrant. 463 00:21:57,249 --> 00:22:00,412 Ms. Galiano didn't like Judge Tucci's decision, 464 00:22:00,486 --> 00:22:03,080 so she's trying for a more favorable result from you. 465 00:22:03,155 --> 00:22:04,247 All due respect, 466 00:22:04,323 --> 00:22:07,315 Judge Tucci signs off on anything the People place in front of him. 467 00:22:07,393 --> 00:22:09,987 JUDGE: Mr. McCoy, it seems to me you have a warrant, 468 00:22:10,062 --> 00:22:12,861 which you're using to confirm a suspicion the People have, 469 00:22:12,932 --> 00:22:15,492 which is not the same as probable cause. 470 00:22:15,568 --> 00:22:17,502 Motion granted, warrant quashed. 471 00:22:18,037 --> 00:22:19,129 (BANGS GAVEL) 472 00:22:21,207 --> 00:22:22,697 Without the DNA, we need to figure out 473 00:22:22,775 --> 00:22:24,004 another way to put her on the boat. 474 00:22:24,076 --> 00:22:25,475 And we have a motive problem. 475 00:22:25,544 --> 00:22:27,979 What are you talking about? We've got loads of motive. 476 00:22:28,047 --> 00:22:30,141 Rage, jealousy, money. 477 00:22:30,216 --> 00:22:31,809 Once Ed inherited Donna's millions 478 00:22:31,884 --> 00:22:35,411 he couldn't evade paying Collette reasonable alimony and child support anymore. 479 00:22:35,487 --> 00:22:38,821 She's had all the same reasons since the marriage broke up. 480 00:22:38,891 --> 00:22:40,450 So Why'd she kill her now? 481 00:22:40,526 --> 00:22:42,187 I'd like to know what triggered this. 482 00:22:45,764 --> 00:22:46,822 HEATHER: The name's a joke. 483 00:22:46,899 --> 00:22:49,027 People expect widows to act a certain way. 484 00:22:49,101 --> 00:22:50,500 And they hate us because we don't. 485 00:22:50,569 --> 00:22:52,162 Because we've got money now. 486 00:22:52,238 --> 00:22:54,172 Let's face it. They hate us 487 00:22:54,240 --> 00:22:55,833 because we married our dead husband's friends. 488 00:22:55,908 --> 00:22:58,400 I'd hate us, too, but we also lost husbands 489 00:22:58,477 --> 00:22:59,603 and our kids lost fathers. 490 00:22:59,678 --> 00:23:01,772 We grieve, too. Every day. 491 00:23:02,147 --> 00:23:03,706 It's been hard for everyone, I'm sure. 492 00:23:03,782 --> 00:23:04,772 SLOAN: Exactly. 493 00:23:04,850 --> 00:23:06,614 We all learned the hard way life's too short. 494 00:23:06,685 --> 00:23:09,677 I know my first husband, God his rest his soul, is happy I'm happy. 495 00:23:09,755 --> 00:23:11,814 Look, I understand from your point of view, life goes on. 496 00:23:11,891 --> 00:23:14,155 But what about the wives that were left? 497 00:23:14,226 --> 00:23:15,216 Like Collette? 498 00:23:15,828 --> 00:23:16,920 Well, that's what we're talking about. 499 00:23:16,996 --> 00:23:19,226 She was more of a mess after 9/11 than Ed was. 500 00:23:19,298 --> 00:23:21,494 She wouldn't leave the house. Didn't want him going anywhere. 501 00:23:21,567 --> 00:23:23,763 Crying all the time. And he was alive. 502 00:23:23,836 --> 00:23:25,804 SLOAN: No wonder he left her. 503 00:23:25,871 --> 00:23:27,202 Don't get me wrong. 504 00:23:27,273 --> 00:23:29,105 I feel sorry for her. I do. 505 00:23:30,042 --> 00:23:31,203 We all do. 506 00:23:31,277 --> 00:23:33,109 So Collette and Donna were close? 507 00:23:34,914 --> 00:23:36,109 Best friends. 508 00:23:39,418 --> 00:23:41,113 Excuse me! 509 00:23:43,122 --> 00:23:46,057 Was there something else that you wanted to tell me in there? 510 00:23:48,928 --> 00:23:51,795 I still care about her, about Collette. 511 00:23:52,831 --> 00:23:55,129 I don't know if she did this to Donna but... 512 00:23:55,200 --> 00:23:57,532 If you could help me understand what happened. 513 00:23:59,038 --> 00:24:01,268 Collette called me one night, 514 00:24:01,340 --> 00:24:02,705 a few weeks ago. 515 00:24:03,475 --> 00:24:04,909 She was hysterical. 516 00:24:05,811 --> 00:24:07,472 It was the first time we'd spoken in months, 517 00:24:07,546 --> 00:24:10,015 and she said Ed told her 518 00:24:10,082 --> 00:24:12,414 he and Donna wanted custody of the twins. 519 00:24:14,253 --> 00:24:15,880 When was this exactly? 520 00:24:16,588 --> 00:24:18,317 A week before Donna died. 521 00:24:20,726 --> 00:24:23,889 We re-interviewed everyone that was in the area of the ferry that day. 522 00:24:23,963 --> 00:24:25,294 No one remembers seeing her. 523 00:24:25,364 --> 00:24:26,456 So we're back at square one. 524 00:24:26,532 --> 00:24:28,364 Well, maybe not. I saw something at Collette's 525 00:24:28,434 --> 00:24:29,902 that might give us her DNA. 526 00:24:30,235 --> 00:24:32,397 LegaHy? Without her permission or a court order? 527 00:24:32,471 --> 00:24:33,961 What did you see, a magic wand? 528 00:24:34,039 --> 00:24:35,302 No. A parking ticket. 529 00:24:35,374 --> 00:24:37,934 She has dozens of them. Owes the city over $1,000. 530 00:24:38,010 --> 00:24:39,739 We send her a notice offering amnesty. 531 00:24:39,812 --> 00:24:41,940 All tickets forgiven for a token hundred bucks. 532 00:24:42,014 --> 00:24:43,504 So she ignores that, too. 533 00:24:43,582 --> 00:24:45,846 Well, if she decides not to take advantage of the amnesty, 534 00:24:45,918 --> 00:24:48,080 the city threatens to put a lien on her property. 535 00:24:48,153 --> 00:24:49,416 And here's the beauty part. 536 00:24:49,488 --> 00:24:52,788 We send her a self-addressed, stamped envelope for her to send the check in. 537 00:24:52,858 --> 00:24:55,486 She licks the envelope, mails it back to us and we have her DNA. 538 00:24:55,561 --> 00:24:58,462 Right. She hands it over. Voluntarily. 539 00:25:01,867 --> 00:25:03,357 GALUkNO: The parking ticket sting 540 00:25:03,435 --> 00:25:05,767 was a blatant violation of the Fourth Amendment, YourHonoL 541 00:25:05,838 --> 00:25:08,364 Mr. McCoy ignored your ruling 542 00:25:08,440 --> 00:25:10,431 and used a ruse to obtain DNA 543 00:25:10,509 --> 00:25:12,477 which you said he had no right to. 544 00:25:13,312 --> 00:25:16,509 You said the People had no right to a warrant, Your Honor. 545 00:25:16,582 --> 00:25:18,516 I had every right to trick Ms. Connolly 546 00:25:18,584 --> 00:25:19,881 into giving us what we wanted. 547 00:25:19,952 --> 00:25:21,351 People v. Blandon, 548 00:25:21,420 --> 00:25:24,788 "Trickery is only improper when the conduct is so unfair 549 00:25:24,857 --> 00:25:26,222 "as to deny due process." 550 00:25:26,291 --> 00:25:29,886 Since the DNA on the envelope matched the DNA on the ferry railing, 551 00:25:29,962 --> 00:25:32,556 we know we're not dealing with the rights of an innocent person here. 552 00:25:32,631 --> 00:25:34,622 Let's not get ahead of ourselves, Counselor. 553 00:25:34,700 --> 00:25:37,135 No one's been convicted of anything yet. 554 00:25:37,536 --> 00:25:39,061 It appears that the defendant's 555 00:25:39,138 --> 00:25:41,766 Fourth Amendment rights weren't violated here. 556 00:25:41,840 --> 00:25:43,069 Anything else, Ms. Galiano? 557 00:25:43,142 --> 00:25:44,268 GALIANO: Yes, Your Honor. 558 00:25:44,343 --> 00:25:49,008 The low copy DNA analysis that People used is an untested, unreliable science, 559 00:25:49,081 --> 00:25:52,176 which hasn't gained widespread acceptance in New York. 560 00:25:52,251 --> 00:25:53,685 All I am asking for 561 00:25:53,752 --> 00:25:57,120 is a hearing to determine whether this novel, untested science 562 00:25:57,189 --> 00:25:58,452 meets the Frye standard. 563 00:25:59,358 --> 00:26:01,224 I'll hear from experts tomorrow. 564 00:26:01,493 --> 00:26:02,585 (BANGS GAVEL) 565 00:26:03,529 --> 00:26:08,695 Low copy DNA analysis utilizes much smaller samples of DNA to find a match. 566 00:26:08,767 --> 00:26:10,701 Isn't it fair to say that these samples, 567 00:26:10,769 --> 00:26:12,863 which can be left by just touching a steering wheel 568 00:26:12,938 --> 00:26:17,500 or rubbing your fingers over a keyboard, are very often infinitesimal? 569 00:26:17,576 --> 00:26:18,702 Yes, that's correct. 570 00:26:18,777 --> 00:26:21,769 Sometimes as little as a couple of skin cells. 571 00:26:21,847 --> 00:26:24,509 The extracted DNA is then replicated many times 572 00:26:24,583 --> 00:26:25,948 so testing can be done. 573 00:26:26,018 --> 00:26:27,850 So, isn't it true, Dr. Merrick, 574 00:26:27,920 --> 00:26:30,321 that this multiple replication process 575 00:26:30,389 --> 00:26:34,656 creates a greater risk for false matches and inaccurate results? 576 00:26:34,726 --> 00:26:38,162 MERRICK: The odds of error are about the same as regular testing. 577 00:26:38,230 --> 00:26:41,461 One in a trillion. Infinitesimal. 578 00:26:41,533 --> 00:26:44,503 But low copy DNA hasn't even been used yet 579 00:26:44,570 --> 00:26:46,470 in a criminal proceeding in New York, has it? 580 00:26:46,538 --> 00:26:48,233 MERRICK: No, actually it has been used. 581 00:26:48,307 --> 00:26:49,866 When the Twin Towers collapsed, 582 00:26:49,942 --> 00:26:53,776 many of the samples we used to identify victims were low copy DNA. 583 00:26:55,047 --> 00:26:57,141 But that wasn't a criminal case. JACK: Not a criminal case? 584 00:26:57,216 --> 00:26:59,947 It was the largest mass murder in our nation's history, Your Honor. 585 00:27:00,018 --> 00:27:02,112 Which means there's a history of this science 586 00:27:02,187 --> 00:27:04,781 already being used in New York and the Frye standard is met. 587 00:27:05,657 --> 00:27:06,749 I agree. 588 00:27:07,292 --> 00:27:08,760 The DNA comes in. 589 00:27:09,728 --> 00:27:10,752 (BANGS GAVEL) 590 00:27:15,868 --> 00:27:17,097 Murder two. 591 00:27:17,169 --> 00:27:19,297 Now, why would we accept that? 592 00:27:19,371 --> 00:27:20,930 Your client ambushed the victim, 593 00:27:21,006 --> 00:27:22,701 and then tried to cover up the crime. 594 00:27:22,774 --> 00:27:24,503 We have DNA. We have motive. 595 00:27:24,576 --> 00:27:29,207 And we have a woman suffering from extreme emotional disturbance. 596 00:27:29,915 --> 00:27:32,612 Post-Traumatic Stress Disorder 597 00:27:32,684 --> 00:27:34,652 from the September 11th attacks? 598 00:27:34,720 --> 00:27:35,778 You're confused. 599 00:27:35,854 --> 00:27:38,721 Collette Connolly's ex-husband was the firefighter. 600 00:27:38,790 --> 00:27:42,988 Firefighter or not, like all New Yorkers, she was affected by 9J11. 601 00:27:43,061 --> 00:27:45,928 Just like the New Yorkers who will be sitting on myjury. 602 00:27:51,737 --> 00:27:53,068 It was a Tuesday. 603 00:27:54,106 --> 00:27:56,302 Remember how beautiful the weather was? 604 00:27:57,242 --> 00:27:58,732 Gorgeous, yeah. 605 00:27:58,810 --> 00:28:00,209 Thank you. 606 00:28:03,382 --> 00:28:05,009 I picked the boys up from school. 607 00:28:06,151 --> 00:28:09,382 I tried to get them to not watch the television. 608 00:28:09,454 --> 00:28:11,548 I didn't want them to see that... 609 00:28:11,623 --> 00:28:13,921 The Towers fall over and over. 610 00:28:16,295 --> 00:28:19,424 We all just sat around waiting for the phone to ring 611 00:28:19,498 --> 00:28:22,195 to see if Ed was dead or alive. 612 00:28:23,402 --> 00:28:24,961 When you finally heard from him? 613 00:28:25,037 --> 00:28:26,596 I just thanked God. 614 00:28:26,672 --> 00:28:30,404 I was just so thankful and relieved. 615 00:28:33,912 --> 00:28:35,812 And then guilty. 616 00:28:37,015 --> 00:28:38,210 SQ guilty-. 617 00:28:39,585 --> 00:28:40,677 Guilty? 618 00:28:40,752 --> 00:28:42,914 All his friends that didn't make it? 619 00:28:42,988 --> 00:28:44,080 His brothers? 620 00:28:44,156 --> 00:28:46,318 You have no idea how close they are. 621 00:28:47,359 --> 00:28:50,090 I mean, our neighborhood alone. 622 00:28:51,330 --> 00:28:53,526 You could hear people screaming and crying 623 00:28:53,599 --> 00:28:55,363 all up and down the street. 624 00:28:59,104 --> 00:29:01,163 I keep replaying that day 625 00:29:02,307 --> 00:29:03,331 in my head. 626 00:29:03,408 --> 00:29:05,342 It's like a movie I can't turn off. 627 00:29:07,613 --> 00:29:10,241 You know, every time a plane flies overhead, 628 00:29:11,416 --> 00:29:13,145 I get a knot in my stomach. 629 00:29:14,553 --> 00:29:16,885 And every time they raise the threat level, 630 00:29:16,955 --> 00:29:21,222 I think, my children will never see the end of this. 631 00:29:24,730 --> 00:29:26,425 (BREATHING DEEPLY) 632 00:29:26,498 --> 00:29:29,126 The world seems ruined to me. 633 00:29:32,437 --> 00:29:36,135 I swear, sometimes 634 00:29:36,208 --> 00:29:38,677 I wish I had died on September 10th. 635 00:29:44,283 --> 00:29:46,684 For her, the attacks, losing her husband, 636 00:29:46,752 --> 00:29:49,813 possibly custody of her kids, these aren't separate events. 637 00:29:49,888 --> 00:29:51,049 And they're not over. 638 00:29:51,123 --> 00:29:52,818 They're one huge event that has wrecked her life, 639 00:29:52,891 --> 00:29:54,518 and she's reliving it every day. 640 00:29:54,593 --> 00:29:56,493 So she lashes out and kills the woman 641 00:29:56,561 --> 00:29:57,960 who married her ex-husband? 642 00:29:58,030 --> 00:29:59,725 She can't strike out against the terrorists, 643 00:29:59,798 --> 00:30:01,596 so the next closest culprit, as she sees it, 644 00:30:01,667 --> 00:30:03,726 is the woman who replaced her as wife, 645 00:30:03,802 --> 00:30:05,429 and, potentially, as mother. 646 00:30:06,271 --> 00:30:07,796 All right. Thank you. 647 00:30:09,741 --> 00:30:11,334 You think ajury will buy that? 648 00:30:11,877 --> 00:30:13,402 Well, they don't have to buy it. 649 00:30:13,478 --> 00:30:14,809 They just have to feel sorry for her. 650 00:30:14,880 --> 00:30:17,440 I agree. You don't think this defense has some merit, Jack? 651 00:30:17,516 --> 00:30:19,985 A stress response to an act of war 652 00:30:20,052 --> 00:30:23,989 justifies the murder of an innocent third party three years later? 653 00:30:24,056 --> 00:30:25,217 No, I don't. 654 00:30:25,290 --> 00:30:28,726 Her entire life was turned upside down after 9111. 655 00:30:28,794 --> 00:30:30,888 Jurors will sympathize with that. 656 00:30:30,962 --> 00:30:32,794 The defense will paint the husband as a bastard, 657 00:30:32,864 --> 00:30:34,662 and the victim as a home wrecker and a hussy. 658 00:30:34,733 --> 00:30:36,258 That won't be too hard. 659 00:30:36,335 --> 00:30:40,101 And the defendant as one more victim of 9/11. 660 00:30:40,172 --> 00:30:41,662 Maybe you ought to plead this one out, Jack. 661 00:30:41,740 --> 00:30:46,143 Collette Connolly didn't just run into Donna McClean that morning at the ferry. 662 00:30:46,211 --> 00:30:48,270 She stalked her, she killed her, 663 00:30:48,347 --> 00:30:50,042 and then she tried to make it look like an accident. 664 00:30:50,115 --> 00:30:51,708 That's murder, not manslaughter. 665 00:30:52,417 --> 00:30:53,441 And if we give in to this, 666 00:30:53,518 --> 00:30:55,213 what kind of precedent does it set? 667 00:30:55,287 --> 00:30:57,756 None. This case is sui generis. 668 00:30:57,823 --> 00:30:59,348 I don't agree. It's a license for anyone 669 00:30:59,424 --> 00:31:01,449 who was in the city that day to act out. 670 00:31:03,328 --> 00:31:04,921 I was elected to this office 671 00:31:04,996 --> 00:31:07,590 because people wanted to feel safer after 9111. 672 00:31:08,734 --> 00:31:11,032 It'd be ironic if that event became an excuse 673 00:31:11,103 --> 00:31:13,595 for criminal behavior on my watch. 674 00:31:13,672 --> 00:31:16,733 Don't forget, Collette Connolly murdered the mother of two young girls 675 00:31:16,808 --> 00:31:18,537 who had already lost their father. 676 00:31:19,177 --> 00:31:22,408 You don't think that there's some room for leniency here, Jack? 677 00:31:22,481 --> 00:31:25,178 Absolutely. From the judge, at sentencing. 678 00:31:29,421 --> 00:31:31,890 McCLEAN: Collette just couldn't take care of the kids anymore. 679 00:31:31,957 --> 00:31:34,085 She was depressed. Anxious. 680 00:31:34,159 --> 00:31:36,355 I told her I thought they'd be better off with us 681 00:31:36,428 --> 00:31:37,862 until she got on her feet. 682 00:31:37,929 --> 00:31:39,761 We weren't trying to take her children from her. 683 00:31:39,831 --> 00:31:41,560 What was the defendant's reaction 684 00:31:41,633 --> 00:31:44,330 when you said you wanted custody of the boys? 685 00:31:44,403 --> 00:31:45,871 She went into a rage. 686 00:31:45,937 --> 00:31:48,599 Started cursing at me, throwing things. 687 00:31:48,673 --> 00:31:50,232 Said the kids already had a mother. 688 00:31:50,308 --> 00:31:52,367 Said she'd fight us tooth and nail. 689 00:31:52,444 --> 00:31:53,912 Said she'd never let us have them. 690 00:32:01,420 --> 00:32:06,722 You say your ex-wife wasn't supervising the children properly? 691 00:32:06,792 --> 00:32:08,226 McCLEAN: She wasn't at home a lot. 692 00:32:08,293 --> 00:32:10,091 She was at work, wasn't she? 693 00:32:10,162 --> 00:32:11,186 Yes. 694 00:32:11,263 --> 00:32:13,254 Did she work out of the house before the divorce? 695 00:32:13,732 --> 00:32:14,756 No. 696 00:32:14,833 --> 00:32:16,062 She was a stay at home mom. 697 00:32:16,134 --> 00:32:17,124 That's correct. 698 00:32:17,202 --> 00:32:18,863 Your wife Donna, your new wife, 699 00:32:18,937 --> 00:32:21,599 received a substantial settlement from 9111, didn't she, 700 00:32:21,673 --> 00:32:23,107 for the death of her first husband? 701 00:32:23,175 --> 00:32:24,438 Yes. 702 00:32:24,509 --> 00:32:26,671 Did you and Donna share this windfall with your ex, 703 00:32:26,745 --> 00:32:28,008 the mother of your children? 704 00:32:28,079 --> 00:32:29,638 That's why we wanted them to come live with us, 705 00:32:29,714 --> 00:32:30,806 we could provide... 706 00:32:30,882 --> 00:32:33,977 You and Donna intentionally kept her millions in her name 707 00:32:34,052 --> 00:32:37,249 to avoid having to pay additional alimony to your ex-wife. 708 00:32:37,322 --> 00:32:38,619 Objection! Judge, 709 00:32:38,690 --> 00:32:40,180 this is all part and parcel of the stress 710 00:32:40,258 --> 00:32:42,750 that my client was under after the events of 9/11. 711 00:32:42,828 --> 00:32:44,159 Overruled. 712 00:32:45,564 --> 00:32:47,328 That was Donna's decision. 713 00:32:48,733 --> 00:32:49,894 It was her money. 714 00:32:49,968 --> 00:32:52,801 So the fact that Collette had to go to work, 715 00:32:52,871 --> 00:32:54,168 because you and your new wife 716 00:32:54,239 --> 00:32:57,004 wouldn't provide enough money to support your children, 717 00:32:57,075 --> 00:32:59,874 is the reason you wanted to take custody of your sons? 718 00:32:59,945 --> 00:33:02,243 Isn't that blaming the victim, Mr. McClean? 719 00:33:02,314 --> 00:33:03,839 Objection! GALIANO: Withdrawn. 720 00:33:03,915 --> 00:33:05,883 Let me get this straight, Mr. McClean. 721 00:33:05,951 --> 00:33:09,182 You left your wife, the mother of your children, 722 00:33:09,254 --> 00:33:10,722 by your own testimony, depressed 723 00:33:10,789 --> 00:33:13,520 and emotionally traumatized by the events of 9/11, 724 00:33:13,592 --> 00:33:17,028 so that you could marry her newly rich best friend, 725 00:33:17,095 --> 00:33:19,029 your best friend's widow? 726 00:33:19,097 --> 00:33:20,929 It wasn't like that! Wasn't it? 727 00:33:23,735 --> 00:33:25,635 Nothing further. 728 00:33:25,704 --> 00:33:27,331 Redirect, Your Honor? 729 00:33:28,273 --> 00:33:29,900 Where were you when the first tower collapsed? 730 00:33:29,975 --> 00:33:31,636 Objection. Relevance. 731 00:33:31,710 --> 00:33:35,442 The defendant is using 9111 as an excuse for her actions. 732 00:33:35,514 --> 00:33:38,711 The question goes to the legitimacy of the entire defense. 733 00:33:39,284 --> 00:33:40,718 The witness may answer. 734 00:33:43,321 --> 00:33:44,811 In the North Tower, 735 00:33:46,358 --> 00:33:47,689 in a stairwell. 736 00:33:50,195 --> 00:33:52,789 And where was your best friend, Joe Mahar? 737 00:33:53,999 --> 00:33:55,262 Next to me. 738 00:33:55,767 --> 00:33:56,996 JACK: But you got out. 739 00:33:59,938 --> 00:34:01,133 Yeah. 740 00:34:01,907 --> 00:34:03,136 And Joe? 741 00:34:05,443 --> 00:34:06,774 He didn't. 742 00:34:07,479 --> 00:34:10,847 You ever feel any stress or anxiety or guilt since that day? 743 00:34:13,518 --> 00:34:15,714 Of course, every day. 744 00:34:15,787 --> 00:34:17,687 Any sleepless nights? Nightmares? 745 00:34:17,756 --> 00:34:19,121 Frequently. 746 00:34:19,858 --> 00:34:21,758 You retired after 9/11. 747 00:34:23,795 --> 00:34:25,422 I couldn't work anymore. 748 00:34:26,298 --> 00:34:28,062 My nerves were shot. 749 00:34:30,302 --> 00:34:33,272 The stress ever get so bad that you killed someone? 750 00:34:33,338 --> 00:34:34,533 Objection. 751 00:34:34,606 --> 00:34:37,200 Withdrawn. No more questions. 752 00:34:43,014 --> 00:34:46,109 GALIANO: What happened to your marriage after September 11th? 753 00:34:47,385 --> 00:34:48,944 I never saw Ed. 754 00:34:49,020 --> 00:34:52,183 He spent all his time with Donna. 755 00:34:52,257 --> 00:34:53,554 Consoling her. 756 00:34:54,759 --> 00:34:56,557 And then he left me. 757 00:34:58,029 --> 00:35:01,192 She took my husband, and made me a widow. 758 00:35:03,868 --> 00:35:07,031 Tell me what happened on the ferry that morning. 759 00:35:07,105 --> 00:35:08,971 I saw her standing at the rail, 760 00:35:09,674 --> 00:35:13,076 and she looked so happy. 761 00:35:14,546 --> 00:35:15,843 So content. 762 00:35:19,451 --> 00:35:21,545 And I couldn't take it. 763 00:35:21,620 --> 00:35:23,611 I just wanted to talk to her. 764 00:35:25,457 --> 00:35:27,755 (CRYING) Tell her to leave my children alone. 765 00:35:28,827 --> 00:35:29,919 GALIANO: Did you speak to her? 766 00:35:29,995 --> 00:35:33,363 I wanted to, but, uh... 767 00:35:36,267 --> 00:35:39,635 I walked up behind her and she didn't see me. 768 00:35:40,872 --> 00:35:42,670 All I could think about 769 00:35:45,010 --> 00:35:47,741 was all that I had lost since the attacks. 770 00:35:48,813 --> 00:35:49,871 Ed. 771 00:35:50,382 --> 00:35:52,942 How my whole world had fallen apart. 772 00:35:53,018 --> 00:35:55,077 And now my kids. (SOBS) 773 00:35:57,589 --> 00:35:59,683 Sol pushed her. 774 00:36:02,394 --> 00:36:03,555 Hard. 775 00:36:05,296 --> 00:36:07,287 I didn't even think about it. 776 00:36:08,033 --> 00:36:10,968 It just happened. 777 00:36:19,377 --> 00:36:20,845 It just happened? 778 00:36:22,180 --> 00:36:23,204 COLLETTE: Yes. 779 00:36:23,281 --> 00:36:26,774 Like you just happened to be on the ferry that morning, 780 00:36:26,851 --> 00:36:29,548 the same morning Donna McClean was? 781 00:36:31,222 --> 00:36:32,383 Yes. 782 00:36:32,457 --> 00:36:34,687 And you didn't even think about it, 783 00:36:35,827 --> 00:36:37,420 pushing her over the side. 784 00:36:39,464 --> 00:36:40,863 Is that your testimony? 785 00:36:44,903 --> 00:36:45,995 Yes. 786 00:36:47,405 --> 00:36:48,998 When you got off the ferry, 787 00:36:49,074 --> 00:36:52,840 there were police and emergency personnel there, correct? 788 00:36:52,911 --> 00:36:54,174 COLLETTE: There was. 789 00:36:54,245 --> 00:36:56,577 You didn't say anything to any of them 790 00:36:56,648 --> 00:36:59,515 about the woman you'd just pushed in the water, did you? 791 00:37:02,320 --> 00:37:03,378 No. 792 00:37:03,455 --> 00:37:06,914 In fact, you were able to hide your injury, 793 00:37:06,991 --> 00:37:09,824 avoid the police, and leave without anyone knowing 794 00:37:09,894 --> 00:37:11,623 you were on that boat, correct? 795 00:37:12,197 --> 00:37:13,494 I was in a daze. 796 00:37:13,565 --> 00:37:16,626 Were you still in a daze when the police first questioned you, 797 00:37:16,701 --> 00:37:18,965 two days after killing Donna McClean? 798 00:37:20,138 --> 00:37:21,572 I was scared, so I lied. 799 00:37:21,639 --> 00:37:24,165 And when the detectives came to your house 800 00:37:24,242 --> 00:37:26,574 and questioned you a second time, 801 00:37:27,579 --> 00:37:30,241 and you lied again about how you broke your wrist? 802 00:37:30,315 --> 00:37:32,079 Still scared, still in a daze? 803 00:37:35,286 --> 00:37:36,583 L--- 804 00:37:37,489 --> 00:37:38,581 Yes. 805 00:37:40,692 --> 00:37:46,426 And when you were brought to the precinct for questioning 806 00:37:46,498 --> 00:37:50,799 and you denied once again killing Donna McClean? 807 00:37:50,869 --> 00:37:52,564 No. I... 808 00:37:57,609 --> 00:37:59,043 I don't know. 809 00:38:07,619 --> 00:38:09,849 You have health insurance from your job? 810 00:38:13,691 --> 00:38:14,920 Yes. 811 00:38:17,729 --> 00:38:19,993 In the years since 9/11 812 00:38:20,064 --> 00:38:21,759 that you've allegedly suffered 813 00:38:21,833 --> 00:38:25,701 from this Post-Traumatic Stress Syndrome, 814 00:38:26,805 --> 00:38:30,173 there's not one visit in your insurance records 815 00:38:30,241 --> 00:38:33,074 to a therapist of any kind. 816 00:38:34,512 --> 00:38:36,276 In fact, as far as I can tell, 817 00:38:36,347 --> 00:38:39,544 the first time you mentioned this problem to anyone 818 00:38:39,617 --> 00:38:42,450 was when you raised it as a defense for killing Donna McClean. 819 00:38:42,520 --> 00:38:43,851 Objection. 820 00:38:43,922 --> 00:38:45,720 JACK: That's all right. 821 00:38:48,493 --> 00:38:50,154 She doesn't need to respond. 822 00:38:50,895 --> 00:38:52,590 We all know the answer. 823 00:39:01,306 --> 00:39:02,740 (SNIFFLING) 824 00:39:10,081 --> 00:39:11,879 Jury's been out six hours. 825 00:39:11,950 --> 00:39:13,315 Well, it's not an easy case. 826 00:39:14,185 --> 00:39:16,517 It's a run-of-the-mill murder with a headline defense. 827 00:39:16,588 --> 00:39:18,920 I don't think so. Donna McClean, Collette Connolly... 828 00:39:18,990 --> 00:39:22,358 They're both collateral damage from what happened that day. 829 00:39:22,427 --> 00:39:23,986 YOLIT CFOSS was SO... 830 00:39:24,963 --> 00:39:26,328 So what, Serena? 831 00:39:27,465 --> 00:39:29,194 BAILIFF: Counselor, we got a verdict. 832 00:39:30,869 --> 00:39:32,132 If you can't stand to hear this, 833 00:39:32,203 --> 00:39:33,932 you can go back to the office. 834 00:39:38,943 --> 00:39:40,468 On the first count of the indictment, 835 00:39:40,545 --> 00:39:41,671 murder in the second degree, 836 00:39:41,746 --> 00:39:44,215 how do you find the defendant, Collette Connolly? 837 00:39:46,251 --> 00:39:48,447 We find the defendant guilty. 838 00:39:48,519 --> 00:39:50,419 (CROWD MURMURING) 839 00:39:51,456 --> 00:39:53,322 (SOBBING) No! 840 00:39:53,391 --> 00:39:55,018 (SOFTLY) It's okay. 841 00:39:56,060 --> 00:39:57,425 COLLETTE: No! 61009

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