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NARRATOR:
In the criminal justice system
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00:00:08,075 --> 00:00:11,943
the people are represented by two
separate yet equally important groups,
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00:00:12,012 --> 00:00:13,844
the police
who investigate crime
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00:00:13,914 --> 00:00:16,679
and the district attorneys
who prosecute the offenders.
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00:00:16,750 --> 00:00:18,377
These are their stories.
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00:00:22,322 --> 00:00:25,917
MAN 1: It's unbelievable. It
holds, like, over 10,000 songs.
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00:00:25,993 --> 00:00:28,621
MAN 2: Dude, you don't
even know 10,000 songs.
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00:00:28,695 --> 00:00:30,129
And where do you get off
buying something like this
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00:00:30,197 --> 00:00:31,494
when you still owe me
a hundred bucks?
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00:00:31,565 --> 00:00:34,159
MAN 1: (STAMMERS)
I know 100,000 songs.
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00:00:34,234 --> 00:00:36,396
That's why they call me
the Human Juke Box.
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00:00:36,770 --> 00:00:40,400
Hey, grab me a corn muffin.
I got to hit the head.
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00:00:40,474 --> 00:00:42,943
Yeah,yeah,yeah. Black
coffee and a corn muffin.
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00:00:51,018 --> 00:00:53,419
Yo, bro. Canadian.
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00:00:53,787 --> 00:00:56,154
So? What is
the difference?
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00:00:56,223 --> 00:00:58,214
About 30 cents on
the damned dollar!
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00:00:58,292 --> 00:01:00,920
It's useless, you understand?
It's a slug!
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(LOUD CRASHING)
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(ALL SCREAMING)
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Jerry?
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00:01:19,413 --> 00:01:20,574
Jerry!
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00:01:21,348 --> 00:01:23,578
OFFICER: We got 20 or so injured,
a couple of them serious.
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ED: Lucky it
wasn't rush hour.
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It would have been worse,
but the ferry troop
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pulled a bunch of the
injured out of the water.
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They're real heroes.
They deserve a medal.
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One DOA. Female, white. We found
her purse on the rear upper deck.
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ID?
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00:01:34,528 --> 00:01:38,658
Yeah. Driver's license says her name's
Donna McClean, 34. Brooklyn address.
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Thanks. Hey, Brody,
what you got?
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00:01:41,635 --> 00:01:44,195
The foam around her mouth
would indicate she drowned.
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00:01:44,304 --> 00:01:47,171
Looks like she hit her head on the
side of the boat when she fell.
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00:01:47,240 --> 00:01:51,006
Pretty nasty blow. Wouldn't be
surprised if she fractured her skull.
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All right.
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Hey, anything?
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00:01:53,880 --> 00:01:56,406
No, everybody says the boat
should have stopped, but didn't.
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Smacked the dock
petal to the medal.
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Did anybody
see her go in?
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00:01:59,319 --> 00:02:00,411
No. Nobody
mentioned athing.
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00:02:00,487 --> 00:02:02,182
Carlsen. DOT.
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I'm curious. What's Homicide
doing at an accident scene?
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00:02:05,125 --> 00:02:07,059
Two words, "dead body."
Criminal liability.
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00:02:07,127 --> 00:02:08,617
Well, we don't know that yet.
Well, we do
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00:02:08,695 --> 00:02:10,720
until we prove
otherwise, okay?
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Detective? I found
this in the Pilothouse.
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Gin. See what I mean?
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00:02:16,870 --> 00:02:19,237
Okay. Let's go talk
to Captain Tanqueray.
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00:02:19,306 --> 00:02:21,502
The pilot we got back here.
You lead the way.
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00:02:26,680 --> 00:02:28,648
He was just here.
He was drinking coffee.
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00:02:28,715 --> 00:02:30,444
You left him
by himself?
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00:02:30,517 --> 00:02:32,781
Sorry. I'll, um... I'm going to
get you his name and address.
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ED: Do that, man.
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00:02:34,287 --> 00:02:36,779
Hey, can you get CSU to dust
and voucher these cups?
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00:02:38,191 --> 00:02:40,455
That's an awful lot of coffee
for one guy, isn't it?
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00:02:40,527 --> 00:02:42,393
Not if you're trying
to sober up.
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(SIREN WAILS)
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ED: Damn! What are
the Feds doing here?
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00:02:50,904 --> 00:02:53,532
FONTANA: Federal Maritime Law.
You kill somebody in U.S. waters
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00:02:53,607 --> 00:02:55,837
through negligence
or misconduct.
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NYPD?
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00:02:58,845 --> 00:03:00,677
Homicide.
Detective Green.
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00:03:01,515 --> 00:03:02,641
Fontana.
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00:03:02,716 --> 00:03:04,013
Special Agent Diamond.
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00:03:04,351 --> 00:03:05,614
The pilot's MIA.
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00:03:05,719 --> 00:03:07,050
Butthen, I guess you
guys know that.
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00:03:07,587 --> 00:03:09,077
Sorry, guys,
this one's ours.
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00:03:09,156 --> 00:03:10,453
Well, if you
need anything.
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(LAUGHS) I appreciate it.
Take it easy.
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00:03:15,062 --> 00:03:16,325
Stiff.
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00:03:16,396 --> 00:03:18,091
Yeah, when you
walk on water.
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00:03:19,166 --> 00:03:21,134
Come on, I want to
show you something.
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00:03:26,707 --> 00:03:27,902
You see this stuff?
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00:03:28,442 --> 00:03:29,841
This is copper
based paint.
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00:03:29,943 --> 00:03:31,274
I think they use
it on boats
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and ships and hulls.
Stuff like that.
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00:03:33,547 --> 00:03:36,244
What are you saying? That the Feds are
looking for the wrong kind of vehicle?
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00:03:36,316 --> 00:03:37,613
Maybe the guy's
got a boat.
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00:03:37,684 --> 00:03:39,413
Well, wouldn't the boat be
registered with his car?
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00:03:39,486 --> 00:03:41,386
Let's see if it's registered
in his wife's name.
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00:03:42,589 --> 00:03:44,318
You did say we'd help him.
Uh-huh.
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00:03:48,929 --> 00:03:50,294
There's no
signs of life.
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00:03:50,363 --> 00:03:52,695
Hey, if we see anything, we step
off, we get a warrant, all right?
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00:03:52,766 --> 00:03:54,029
Oh, yeah, sure.
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00:03:57,971 --> 00:04:00,201
Mr. Williams? Anybody home?
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00:04:02,042 --> 00:04:03,168
It's the police.
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00:04:04,411 --> 00:04:08,211
Captain? NYPD. We need
to talk to you, sir.
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00:04:15,355 --> 00:04:17,153
Aw, jeez Louise!
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00:05:06,706 --> 00:05:08,606
(SIREN WAILING)
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00:05:08,675 --> 00:05:10,473
Is he going to make it?
ED: Uh-huh.
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00:05:10,544 --> 00:05:12,137
Lucky we got here in time.
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00:05:13,346 --> 00:05:14,836
Thanks.
You're welcome.
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00:05:17,350 --> 00:05:18,442
What the hell
is this?
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00:05:18,518 --> 00:05:20,748
I'm going to tell you what
it is, Agent Diamond.
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00:05:20,821 --> 00:05:24,758
It's my tailor-made Italian silk
shirt with his blood on it.
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00:05:24,825 --> 00:05:26,452
A little thing we
like to call evidence.
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00:05:26,526 --> 00:05:28,688
You take it and you run
a toxicology screen.
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00:05:28,762 --> 00:05:30,662
And by the way,
I'm billing the FBI.
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00:05:30,864 --> 00:05:32,059
Now, excuse me.
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00:05:33,400 --> 00:05:34,595
(CHUCKLES)
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00:05:36,136 --> 00:05:39,731
$300 Italian silk. I got it
the last time I was in Rome,
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00:05:39,806 --> 00:05:42,935
at this great little negozio
just off the Piazza Navona.
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00:05:43,910 --> 00:05:45,571
Oh, well. Easy come,
easy go.
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00:05:45,645 --> 00:05:47,443
Listen, I just heard
from the U.S. Attorney.
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00:05:47,514 --> 00:05:49,448
They're running his
blood alcohol now.
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00:05:49,516 --> 00:05:50,984
Guaranteed he was three
sheets to the wind.
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00:05:51,051 --> 00:05:52,416
Anyway, he's
the Feds' problem now.
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00:05:52,485 --> 00:05:55,511
Yeah, but a couple of the
injured were city workers,
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00:05:55,589 --> 00:05:58,854
so the Manhattan D.A. is planning
to file charges of his own.
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00:05:58,925 --> 00:06:00,415
So what are you
saying, Lieutenant?
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I'm going to need you to
re-interview those witnesses.
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00:06:04,264 --> 00:06:05,823
I got a clean shirt
in my locker.
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00:06:07,868 --> 00:06:09,029
$300 shirts?
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00:06:09,636 --> 00:06:11,695
(LAUGHS) You should
see his ride!
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00:06:15,342 --> 00:06:16,969
I was working
forward deck.
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00:06:17,043 --> 00:06:19,740
I heard a scream,
and then a splash,
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00:06:19,813 --> 00:06:21,281
and then the ferry
hit the dock.
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00:06:21,348 --> 00:06:23,817
Wait. Run that by me again. You
heard something before the crash.
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00:06:24,117 --> 00:06:26,745
Yes. I went to the
starboard side rail.
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00:06:26,820 --> 00:06:28,652
I thought I saw
someone in the water,
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00:06:28,722 --> 00:06:30,690
but then the boat hit
and threw me down.
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00:06:30,857 --> 00:06:33,189
You're sure that's the
way it happened? Yes.
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Scream, splash, somebody's
in the water, crash.
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00:06:36,129 --> 00:06:37,119
Positive.
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(CELL PHONE RINGING)
Excuse me.
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00:06:39,466 --> 00:06:43,198
Hello? Uh-huh.
Okay. Thanks.
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00:06:44,604 --> 00:06:47,369
Lab results are in.
Pilot wasn't intoxicated.
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00:06:48,041 --> 00:06:49,907
Well, whose flask of
gin did we find then?
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00:06:49,976 --> 00:06:52,502
Who knows? It could have
been from the night shift.
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00:06:53,480 --> 00:06:54,709
Doesn't mean
he's off the hook.
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00:06:54,781 --> 00:06:56,647
He was still asleep
behind the wheel.
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00:06:56,716 --> 00:07:00,175
Deck hand says he heard a scream
and a splash before the crash.
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00:07:00,253 --> 00:07:02,278
Donna McClean, the DOA? Maybe.
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00:07:02,355 --> 00:07:04,323
The deck hand thinks he saw
somebody in the water,
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00:07:04,391 --> 00:07:05,449
but he's not
sure who.
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00:07:05,525 --> 00:07:07,118
Why couldn't it
have been suicide?
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00:07:07,227 --> 00:07:08,854
Well, it could have been,
but why would you wait
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00:07:08,929 --> 00:07:10,897
until you're almost docked
to take a swan dive?
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00:07:10,964 --> 00:07:12,591
Why not take your shot in
the middle of the harbor
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00:07:12,666 --> 00:07:14,134
where nobody
could fish you out?
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00:07:14,200 --> 00:07:15,861
Plus the head injury.
That's more like she fell.
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00:07:15,936 --> 00:07:17,665
If she had jumped, she probably
would have cleared the boat.
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00:07:17,737 --> 00:07:19,466
If she fell,
that's an accident.
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00:07:19,539 --> 00:07:20,665
Not if she had help.
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00:07:20,740 --> 00:07:23,573
Then she's our DOA,
not the Feds'.
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00:07:25,211 --> 00:07:26,679
RODGERS: Hairline
skull fracture.
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00:07:27,447 --> 00:07:29,438
Traces of paint found
in the head wound
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00:07:29,516 --> 00:07:31,507
match paint from
the lower railing.
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00:07:31,584 --> 00:07:32,813
ED: There was blood
on the railing, too.
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00:07:32,886 --> 00:07:34,513
Yeah. DNA lab's
running it now.
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00:07:34,587 --> 00:07:36,214
I'll bet you a
dollar it's hers.
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00:07:36,589 --> 00:07:37,750
Did the fall
kill her?
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00:07:37,824 --> 00:07:40,759
Well, didn't do her any
good, but not directly, no.
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00:07:41,261 --> 00:07:42,558
It might have knocked
her out cold,
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00:07:42,629 --> 00:07:44,961
but she was alive when she hit the water.
She drowned.
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00:07:45,065 --> 00:07:46,965
Any defensive wounds?
Did she struggle?
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00:07:47,033 --> 00:07:48,023
No.
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00:07:49,936 --> 00:07:53,167
But look at
these bruises.
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00:07:54,607 --> 00:07:57,372
Hmm. Just about the
height of the top rail.
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00:07:58,244 --> 00:07:59,973
Right where they'd be if
somebody pushed her hard enough
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00:08:00,046 --> 00:08:01,480
to put her
into the drink.
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00:08:05,418 --> 00:08:06,817
McCLEAN: Any idea
what happened yet?
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00:08:06,886 --> 00:08:09,048
The investigation is
going to take awhile.
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00:08:09,356 --> 00:08:10,755
So far they're not
ruling out anything.
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00:08:11,458 --> 00:08:13,825
What was your wife doing
on that ferry anyway?
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00:08:13,893 --> 00:08:15,793
She had an appointment to get
her hair done in Midtown.
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00:08:17,330 --> 00:08:18,593
Mr. McClean.
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00:08:20,300 --> 00:08:22,234
Was your wife
depressed at all?
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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
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00:08:28,975 --> 00:08:30,773
in the water before
the ferry crashed.
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00:08:30,844 --> 00:08:34,144
No way. We were very happy.
We have a great family.
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00:08:35,215 --> 00:08:36,580
She'd never leave
us on purpose.
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00:08:38,118 --> 00:08:39,347
You're a firefighter?
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00:08:41,221 --> 00:08:42,211
Retired.
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00:08:43,289 --> 00:08:44,450
You were there?
Ground Zero?
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00:08:46,026 --> 00:08:48,017
Yeah. We all were.
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00:08:49,529 --> 00:08:50,792
GIRL: Ed?
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00:08:51,297 --> 00:08:52,696
Sarah's crying again.
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00:08:54,334 --> 00:08:55,768
Look, I appreciate
your concern,
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00:08:55,835 --> 00:08:57,599
but this was an accident.
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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.
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00:09:20,593 --> 00:09:22,755
Before that she
was Donna Mahar,
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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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