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- In the criminal
justice system,
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the people are represented
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by two separate, yet
equally important groups:
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the police, who
investigate crime,
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and the district attorneys,
who prosecute the offenders.
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These are their stories.
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- Do you solemnly swear
that the testimony you give
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to this federal
grand jury will be
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the truth and nothing
but the truth,
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so help you God?
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- So help me God.
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- Please be seated.
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Are you here under subpoena?
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- Yes.
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- And you are not
represented by counsel?
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- They told me I
didn't need one.
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- You understand that your
testimony is being recorded
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and everything you say
is subject to the pains
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and penalties of perjury?
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- I'm here to tell the truth.
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But I do have one question.
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- Yes?
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- He doesn't know
I'm here, does he?
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- What do we got?
25
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- Eileen Porter.
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32 years old, blunt-force
trauma to the head.
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- Guy in the gurney?
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- Her husband, Tom Porter.
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00:01:18,754 --> 00:01:19,755
We found him unconscious.
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Still breathing.
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- There's a spare
room back there.
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Does anybody else live here?
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- Neighbor's saying they use
it as a kind of home office.
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- Looks like we got a
lot of dried blood here.
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00:01:32,637 --> 00:01:34,291
must have been
here a few hours.
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00:01:34,334 --> 00:01:37,076
- MLI says it happened sometime
between 8:00 p.m. and midnight.
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- Any witnesses?
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- No.
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- How about cameras
in the building?
40
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- Nope.
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00:01:42,952 --> 00:01:44,344
Unis are out checking
street footage.
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- No signs of forced entry?
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- Locks are undisturbed.
44
00:01:49,959 --> 00:01:51,221
- Well, nothing
seems out of place.
45
00:01:51,264 --> 00:01:52,831
So probably not
looking at a robbery.
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00:01:52,875 --> 00:01:55,007
- Her coat's still on.
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The killer could be someone
they know and invited in.
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00:01:57,706 --> 00:01:59,533
Maybe somebody
followed them inside.
49
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- I found this in the trash.
50
00:02:00,709 --> 00:02:02,798
Looks like someone
tried to rinse it off,
51
00:02:02,841 --> 00:02:05,017
but there are definitely
still traces of blood.
52
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- Let's get that tested
for DNA and prints.
53
00:02:08,151 --> 00:02:09,413
- Who found them?
54
00:02:09,455 --> 00:02:10,980
- Neighbor said they
heard their dog barking.
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They said it went on for hours.
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She finally called 911
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to make sure everything was OK.
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00:02:16,246 --> 00:02:19,641
- Well, everything
was definitely not OK.
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00:03:08,037 --> 00:03:10,603
- I wish I'd called
the police sooner.
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00:03:10,648 --> 00:03:13,085
- Did you happen to see
or hear anything unusual?
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00:03:13,129 --> 00:03:14,913
- Just the dog barking.
62
00:03:14,957 --> 00:03:17,394
- Anyone coming or going from
the apartment last night?
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00:03:17,437 --> 00:03:18,351
- I wouldn't know.
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I live upstairs.
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00:03:20,136 --> 00:03:22,747
- Did anyone have a
problem with Tom or Eileen?
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00:03:22,791 --> 00:03:24,444
Maybe someone that
lived in the building?
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00:03:24,488 --> 00:03:26,098
- They were both so polite.
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Tom works for a nonprofit.
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00:03:28,535 --> 00:03:30,973
Eileen is in public service.
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She's an aide to that
congressman, you know,
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00:03:33,845 --> 00:03:37,370
the, uh, family values guy.
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00:03:37,414 --> 00:03:39,721
- Might have to be a little
more specific about that one.
73
00:03:41,418 --> 00:03:43,420
- Rhett Richards.
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00:03:43,463 --> 00:03:45,422
That's his name.
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00:03:48,207 --> 00:03:50,122
- Tom Porter's got a
serious head wound.
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00:03:50,166 --> 00:03:51,471
He's in surgery right now.
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Doctors haven't determined
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00:03:52,821 --> 00:03:54,083
the full extent of
his injuries yet.
79
00:03:54,126 --> 00:03:56,302
- Did forensics get back
to us on the hammer?
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00:03:56,346 --> 00:04:00,350
- Yeah, DNA shows that the
blood came from three sources--
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00:04:00,393 --> 00:04:04,006
Tom, Eileen, and a third
subject not in the system.
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00:04:04,049 --> 00:04:06,878
- So our killer must have
been cut in the scuffle,
83
00:04:06,922 --> 00:04:09,228
which gives us
something to work with.
84
00:04:09,272 --> 00:04:12,405
- Computer crimes has been
analyzing Eileen's devices.
85
00:04:12,449 --> 00:04:15,713
And when they were looking
at her phone, it rang.
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00:04:15,757 --> 00:04:16,801
- Who was it?
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00:04:16,845 --> 00:04:17,933
- Federal prosecutor.
88
00:04:17,976 --> 00:04:19,716
I called him, but I
got the runaround.
89
00:04:19,761 --> 00:04:21,806
- Those guys wouldn't tell
you if your coat was on fire.
90
00:04:21,850 --> 00:04:24,853
- They're claiming grand jury
secrecy, but I looked him up.
91
00:04:24,896 --> 00:04:26,419
He works in the Public
Corruption Unit.
92
00:04:26,463 --> 00:04:30,206
- Yeah, and Eileen worked
for Congressman Richards.
93
00:04:30,249 --> 00:04:32,034
- I just read an
article in the "Post"
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00:04:32,077 --> 00:04:33,775
about the turnover
in his office.
95
00:04:33,818 --> 00:04:37,169
His chief of staff resigned,
and she refused to say why.
96
00:04:37,213 --> 00:04:38,518
- Hmm.
97
00:04:38,562 --> 00:04:40,912
- I bet she'll be a little
bit more forthcoming
98
00:04:40,956 --> 00:04:43,393
if you two paid her a visit.
99
00:04:47,963 --> 00:04:49,878
- Eileen told me she
saw something weird
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00:04:49,921 --> 00:04:51,793
in the congressman's
finance reports.
101
00:04:52,750 --> 00:04:54,099
- What do you mean by weird?
102
00:04:54,143 --> 00:04:55,884
- The congressman
used campaign funds
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00:04:55,927 --> 00:04:58,234
to pay for his wife's Botox.
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00:04:58,277 --> 00:05:00,236
Eileen thought maybe
it was a mistake.
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00:05:00,279 --> 00:05:02,499
So she did a little digging,
found out he was using
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00:05:02,542 --> 00:05:05,458
the campaign credit card
for expensive dinners,
107
00:05:05,502 --> 00:05:07,547
trips to the Caribbean,
luxury car leases,
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00:05:07,591 --> 00:05:12,552
jewelry for his wife,
himself, and his mistress.
109
00:05:14,163 --> 00:05:15,425
- So what did Eileen do?
110
00:05:15,468 --> 00:05:17,253
- She called the FBI.
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00:05:17,296 --> 00:05:18,863
And then we both resigned.
112
00:05:18,907 --> 00:05:20,647
- Did Eileen speak to
a federal prosecutor?
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- She was supposed to testify
against the congressman
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00:05:22,736 --> 00:05:23,999
in the grand jury.
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00:05:24,042 --> 00:05:26,566
- Did the congressman
know that?
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00:05:26,610 --> 00:05:30,005
- Two nights ago, I was
at Eileen's apartment.
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He called her.
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00:05:31,615 --> 00:05:34,836
Said if she kept lying
about him, she'd regret it.
119
00:05:37,926 --> 00:05:40,406
Mr. Family Values.
120
00:05:42,931 --> 00:05:44,106
- At the end of the day,
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00:05:44,149 --> 00:05:45,498
the only thing that matters,
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00:05:45,542 --> 00:05:47,283
really matters,
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00:05:47,326 --> 00:05:49,763
is our family and our faith
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00:05:49,807 --> 00:05:53,332
and how we marry those values
as we navigate the world.
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00:05:53,376 --> 00:05:56,248
In my house, we swear
by the Golden Rule--
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00:05:56,292 --> 00:05:59,817
do unto others as you'd
have them do unto you.
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00:05:59,861 --> 00:06:01,297
Thank you.
128
00:06:04,126 --> 00:06:05,475
Thank you.
- Thank you.
129
00:06:05,518 --> 00:06:06,955
- Thank you so much
for being here.
130
00:06:06,998 --> 00:06:07,999
Thank you.
131
00:06:08,043 --> 00:06:09,131
- Congresswoman Richards?
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00:06:09,174 --> 00:06:10,784
I'm Detective Jalen Shaw.
133
00:06:10,828 --> 00:06:11,916
This is Detective
Vincent Riley.
134
00:06:11,960 --> 00:06:13,526
- Yes?
135
00:06:13,570 --> 00:06:14,876
- Is there somewhere we can
go and speak in private?
136
00:06:14,919 --> 00:06:16,747
- Now's not a good time.
137
00:06:16,790 --> 00:06:20,229
- We're asking for your
cooperation, Congressman.
138
00:06:20,272 --> 00:06:21,795
- Trying to make a
federal case out of
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00:06:21,839 --> 00:06:24,711
a couple of trips to Aruba
and a tennis bracelet?
140
00:06:24,755 --> 00:06:27,976
- We are not here about
some trips or a bracelet.
141
00:06:28,019 --> 00:06:29,673
- No, but if you don't
want to come voluntarily,
142
00:06:29,716 --> 00:06:31,893
we could always set you up
with a pair of our bracelets.
143
00:06:34,112 --> 00:06:36,462
- Right this way.
144
00:06:40,685 --> 00:06:42,490
- I'm sorry to
hear Eileen died,
145
00:06:42,515 --> 00:06:44,810
but I had nothing
to do with it.
146
00:06:44,835 --> 00:06:46,739
- She was testifying against
you in the grand jury, right?
147
00:06:46,782 --> 00:06:49,350
- You threatened her and
told her not to cooperate.
148
00:06:49,394 --> 00:06:51,614
- Then 24 hours later,
she winds up dead.
149
00:06:51,657 --> 00:06:53,484
- You realize you're
speaking with a United States
150
00:06:53,528 --> 00:06:55,966
congressman, accusing
him of murder?
151
00:06:56,008 --> 00:06:58,272
- We're just laying out
the facts, counselor.
152
00:06:58,316 --> 00:07:00,448
- Look, the investigation
into my expenses
153
00:07:00,492 --> 00:07:02,363
is a total witch hunt.
154
00:07:02,407 --> 00:07:03,930
- So you're not concerned
about the grand jury?
155
00:07:03,974 --> 00:07:05,279
- Yeah. Not one bit.
156
00:07:05,323 --> 00:07:07,151
In fact, I'd welcome
a public trial.
157
00:07:07,194 --> 00:07:10,110
Probably rile up the base,
give me a boost in the polls.
158
00:07:10,154 --> 00:07:11,546
- Wow, good for you.
159
00:07:11,590 --> 00:07:12,635
That being said, where
were you last night
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00:07:12,678 --> 00:07:14,114
between 8:00 p.m. and midnight?
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00:07:14,157 --> 00:07:15,289
- At a fundraising event.
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00:07:15,333 --> 00:07:16,464
- With about a dozen donors.
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00:07:16,508 --> 00:07:17,944
- And my wife.
- We'll look into that.
164
00:07:17,988 --> 00:07:20,643
In the meantime, will you
consent to a DNA swab?
165
00:07:21,774 --> 00:07:24,298
- Like I said, I
have nothing to hide.
166
00:07:24,342 --> 00:07:28,172
- Let's assume for now
that you're not involved.
167
00:07:28,215 --> 00:07:29,390
Do you have any thoughts
about who might have
168
00:07:29,434 --> 00:07:30,957
wanted to kill Eileen?
169
00:07:32,611 --> 00:07:34,482
Well, a couple of days ago,
170
00:07:34,526 --> 00:07:36,746
one of my volunteers went
out to lunch with her.
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00:07:36,789 --> 00:07:38,530
She said a man came
in, saw Eileen,
172
00:07:38,573 --> 00:07:40,488
and started swearing, yelling.
173
00:07:40,532 --> 00:07:42,534
It almost got physical.
174
00:07:42,577 --> 00:07:45,624
- We'll need the name of that
volunteer and the restaurant.
175
00:07:52,849 --> 00:07:54,981
- Oh, yeah.
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00:07:55,025 --> 00:07:57,070
Yeah, I remember her.
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00:07:57,114 --> 00:07:59,290
She was having lunch.
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00:07:59,333 --> 00:08:02,815
This guy came in, drunk,
holding a can of beer.
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00:08:02,859 --> 00:08:04,730
- Brought his own beer?
180
00:08:04,774 --> 00:08:05,818
That's dedication.
181
00:08:05,862 --> 00:08:07,733
- Yeah, he-- he was
very aggressive.
182
00:08:07,777 --> 00:08:10,867
He beelined to this
woman and yelled at her.
183
00:08:10,910 --> 00:08:12,433
- Did you hear what he said?
184
00:08:12,477 --> 00:08:15,698
- Something about money,
how she stole from him or--
185
00:08:15,741 --> 00:08:18,744
anyway, he put the can
down, lunged at her,
186
00:08:18,788 --> 00:08:21,094
and then two waiters
had to intervene.
187
00:08:21,138 --> 00:08:22,748
- Nobody called the police?
188
00:08:22,792 --> 00:08:24,794
- I offered, but the lady
said she'd handle it.
189
00:08:24,837 --> 00:08:28,232
So she left, and the guy
followed her outside.
190
00:08:28,275 --> 00:08:29,886
- And you have no
idea who this guy was?
191
00:08:29,929 --> 00:08:31,191
- No.
192
00:08:31,234 --> 00:08:33,105
- Do you still
have that beer can?
193
00:08:33,150 --> 00:08:36,022
- You know, recycling isn't
picked up till tomorrow,
194
00:08:36,066 --> 00:08:37,720
and we don't sell cans of beer.
195
00:08:37,763 --> 00:08:40,244
So it'd be the
only one in there.
196
00:08:42,637 --> 00:08:44,074
- All right. Thank you.
197
00:08:44,117 --> 00:08:45,858
- So where are we?
198
00:08:45,902 --> 00:08:47,381
- Spoke to the hospital.
199
00:08:47,425 --> 00:08:49,644
Tom Porter is now in a
medically induced coma.
200
00:08:49,688 --> 00:08:50,863
He's got a brain bleed.
201
00:08:50,907 --> 00:08:52,212
- Is he gonna make it?
202
00:08:52,256 --> 00:08:53,561
- Doctor says it's 50/50.
203
00:08:53,605 --> 00:08:55,128
- Lab pulled prints
off of the beer can.
204
00:08:55,172 --> 00:08:58,741
They belong to Kevin Marshall,
date of birth 7/11/89.
205
00:08:58,784 --> 00:09:01,395
Get this--Eileen's brother.
206
00:09:01,439 --> 00:09:02,788
- Does he have a rap sheet?
207
00:09:02,832 --> 00:09:04,485
- He sure does.
208
00:09:04,529 --> 00:09:07,750
Public intoxication, DUI,
and one assault conviction
209
00:09:07,793 --> 00:09:09,360
for what looks
like a bar fight.
210
00:09:09,403 --> 00:09:11,275
- This is interesting.
211
00:09:11,318 --> 00:09:12,885
Looks like he filed
a civil lawsuit
212
00:09:12,929 --> 00:09:15,018
against Eileen a
couple months ago
213
00:09:15,061 --> 00:09:16,584
in probate court.
- Hmm.
214
00:09:16,628 --> 00:09:18,935
- Do we have an address,
know where he works?
215
00:09:18,978 --> 00:09:20,675
- He's a set
carpenter at a theater
216
00:09:20,719 --> 00:09:22,765
off of Christopher Street.
217
00:09:27,160 --> 00:09:29,641
- Kevin Marshall?
218
00:09:29,684 --> 00:09:31,425
- Yeah? What's this about?
219
00:09:31,469 --> 00:09:32,644
- Step this way.
220
00:09:35,560 --> 00:09:37,475
We need to talk to you
about your sister, Eileen.
221
00:09:38,476 --> 00:09:39,477
- Are you kidding me?
222
00:09:39,520 --> 00:09:41,305
That bitch called
the police on me?
223
00:09:42,088 --> 00:09:44,351
- So I'm guessing you
two not so close, huh?
224
00:09:44,395 --> 00:09:45,918
- Look, guys.
225
00:09:45,962 --> 00:09:46,963
- Where's your hammer?
226
00:09:48,965 --> 00:09:50,357
- Uh, I don't know.
227
00:09:50,401 --> 00:09:51,924
We borrow each other's tools.
228
00:09:51,968 --> 00:09:52,838
What's going on?
229
00:09:52,882 --> 00:09:54,666
- Let's find a place to talk.
230
00:09:56,886 --> 00:09:59,584
- Seems like you were
pretty mad at your sister.
231
00:09:59,627 --> 00:10:01,238
- Eileen and I had
our differences,
232
00:10:01,281 --> 00:10:03,849
but she was the
only family I had.
233
00:10:03,893 --> 00:10:06,112
- You filed a
lawsuit against her.
234
00:10:06,156 --> 00:10:08,462
What was that about?
235
00:10:08,506 --> 00:10:09,855
- Our parents are both gone.
236
00:10:09,899 --> 00:10:12,379
They left us about
a 100 grand each.
237
00:10:12,423 --> 00:10:13,990
My parents appointed
Eileen trustee,
238
00:10:14,033 --> 00:10:17,036
and she wanted to give
me a monthly allowance.
239
00:10:17,080 --> 00:10:18,951
I've had some problems
with addiction,
240
00:10:18,995 --> 00:10:21,736
but I felt like I should be
able to handle my own money.
241
00:10:21,780 --> 00:10:23,695
- So you guys had a
contentious relationship?
242
00:10:23,738 --> 00:10:24,870
- Yeah, but I didn't kill her.
243
00:10:24,914 --> 00:10:26,176
- Where were you
two nights ago
244
00:10:26,219 --> 00:10:28,308
between the hours of
8:00 p.m. and midnight?
245
00:10:28,352 --> 00:10:32,095
- Here, breaking down the
set until about 2:00 a.m.
246
00:10:32,138 --> 00:10:33,792
with about 20 other people.
247
00:10:33,836 --> 00:10:35,707
- Would you be willing
to take a DNA test?
248
00:10:35,750 --> 00:10:36,882
- Sure.
249
00:10:36,926 --> 00:10:38,753
I want to know who
killed my sister too.
250
00:10:38,797 --> 00:10:40,973
- OK.
251
00:10:41,017 --> 00:10:44,150
All right, Kevin, think.
252
00:10:44,194 --> 00:10:46,283
Do you know of anyone
who might have wanted
253
00:10:46,326 --> 00:10:47,675
to hurt your sister?
254
00:10:47,719 --> 00:10:50,330
- The last decent
conversation we had,
255
00:10:50,374 --> 00:10:52,071
Eileen said she
was volunteering
256
00:10:52,115 --> 00:10:53,594
at a homeless shelter.
257
00:10:53,638 --> 00:10:55,553
She'd hired one of the
guys to do odd jobs.
258
00:10:55,596 --> 00:10:56,510
- And what makes you
think this guy had
259
00:10:56,554 --> 00:10:58,077
something to do with it?
260
00:10:58,121 --> 00:10:59,209
- He was an ex-con.
261
00:10:59,252 --> 00:11:00,993
Did time for burglary.
262
00:11:01,037 --> 00:11:04,562
I told--I told her
it was dangerous,
263
00:11:04,605 --> 00:11:06,346
letting strangers into
her place like that,
264
00:11:06,390 --> 00:11:08,000
but she never listened to me.
265
00:11:08,044 --> 00:11:11,351
- Do you know what shelter
she was volunteering at?
266
00:11:11,395 --> 00:11:14,137
- No, but it was
near her apartment.
267
00:11:14,180 --> 00:11:15,878
- OK.
268
00:11:19,229 --> 00:11:20,926
- Benny Kramer?
269
00:11:20,970 --> 00:11:22,406
NYPD.
270
00:11:22,449 --> 00:11:23,450
Come with me.
- For what?
271
00:11:23,494 --> 00:11:24,538
- Get up.
272
00:11:24,582 --> 00:11:27,541
Come on. Come on.
273
00:11:30,675 --> 00:11:32,938
Let me ask you a question.
274
00:11:32,982 --> 00:11:35,071
How many times have you been
in Eileen Porter's apartment?
275
00:11:40,598 --> 00:11:41,555
- All, right, listen, man.
276
00:11:41,599 --> 00:11:43,818
This can go one
of two ways, OK?
277
00:11:43,862 --> 00:11:46,343
You can talk to us, or we
can call your parole officer
278
00:11:46,386 --> 00:11:47,561
and get him involved.
279
00:11:47,605 --> 00:11:49,694
- I'll pay back the money.
280
00:11:50,564 --> 00:11:54,699
- The--tell us about that.
281
00:11:54,742 --> 00:11:57,571
- Last time I was at Eileen's,
282
00:11:57,615 --> 00:11:59,486
I saw a couple of
20s on the counter,
283
00:11:59,530 --> 00:12:04,578
and I pocketed the bills.
284
00:12:04,622 --> 00:12:08,017
I didn't think that
she'd report me.
285
00:12:08,060 --> 00:12:10,410
I'll pay her back.
286
00:12:10,454 --> 00:12:12,543
- See, that's not possible.
287
00:12:12,586 --> 00:12:14,762
- Benny, Eileen's dead,
288
00:12:14,806 --> 00:12:17,591
killed two nights ago
in her own apartment.
289
00:12:17,635 --> 00:12:19,506
She had her head bashed in.
290
00:12:19,550 --> 00:12:21,769
- Where were you
two nights ago?
291
00:12:21,813 --> 00:12:24,076
- Same place I always
am, this shelter.
292
00:12:24,120 --> 00:12:25,077
Check the logs.
293
00:12:25,121 --> 00:12:26,122
- We will.
294
00:12:26,165 --> 00:12:27,819
- Is Eileen's husband OK?
295
00:12:27,862 --> 00:12:30,561
- He's in a coma,
so no, he's not OK.
296
00:12:30,604 --> 00:12:31,910
- What about the other woman?
297
00:12:31,954 --> 00:12:33,607
- Other what-- what
are you talking about?
298
00:12:33,651 --> 00:12:34,913
What other woman?
299
00:12:34,957 --> 00:12:37,698
- The one that lives
in the guest room.
300
00:12:37,742 --> 00:12:40,875
I painted it last week.
301
00:12:40,919 --> 00:12:43,052
Look, I took a picture.
302
00:12:46,011 --> 00:12:47,186
See?
303
00:12:47,230 --> 00:12:48,274
- Is that the woman there?
304
00:12:48,318 --> 00:12:49,319
- Yes.
305
00:12:49,362 --> 00:12:50,668
- Do you know her name?
306
00:12:50,711 --> 00:12:53,192
- Uh, no, I never
really met her.
307
00:12:58,679 --> 00:13:01,116
- Guys, how'd you make out
at the Porters' apartment?
308
00:13:01,141 --> 00:13:02,189
- Found a hairbrush
in the guest room.
309
00:13:02,214 --> 00:13:03,853
It matches the unknown
DNA of the hammer.
310
00:13:03,878 --> 00:13:05,405
We don't have a hit
in the profile yet.
311
00:13:05,449 --> 00:13:06,900
- Somebody's got
to know who she is.
312
00:13:06,925 --> 00:13:08,144
- Check this out.
313
00:13:08,169 --> 00:13:09,670
I was looking into the
Porters' financials,
314
00:13:09,714 --> 00:13:11,455
thinking maybe somebody
was paying them rent.
315
00:13:11,498 --> 00:13:12,630
Came up empty on that front,
316
00:13:12,673 --> 00:13:14,545
but I found something
that's just--
317
00:13:14,588 --> 00:13:15,589
it's off.
318
00:13:15,633 --> 00:13:16,851
A few months ago,
it looks like Tom
319
00:13:16,895 --> 00:13:19,158
wired somebody $50,000.
320
00:13:19,202 --> 00:13:20,420
- 50K?
321
00:13:20,464 --> 00:13:21,465
For a guy who
works in nonprofit,
322
00:13:21,508 --> 00:13:22,553
that's a lot of money.
323
00:13:22,596 --> 00:13:24,642
- Exactly.
- Who'd he send it to?
324
00:13:24,685 --> 00:13:28,472
- Looks like a company called
Family Services Consulting.
325
00:13:28,515 --> 00:13:30,778
The owner's name
is Pavlo Golub.
326
00:13:33,085 --> 00:13:36,262
- There's a business with
that name in Staten Island.
327
00:13:36,306 --> 00:13:37,655
Found the website.
328
00:13:37,698 --> 00:13:39,352
"Think you can't
afford a family?
329
00:13:39,396 --> 00:13:40,919
"Think again.
330
00:13:40,962 --> 00:13:43,269
I can help make your
dreams come true."
331
00:13:43,313 --> 00:13:44,401
- So what?
332
00:13:44,444 --> 00:13:46,229
So Tom Porter sends $50,000
333
00:13:46,272 --> 00:13:48,056
to some cut-rate
adoption agency?
334
00:13:48,100 --> 00:13:49,536
- I smell a field trip.
335
00:13:49,580 --> 00:13:52,496
Hop on the ferry, go find out.
336
00:13:55,542 --> 00:13:58,458
- I'm a family services
consultant, you know,
337
00:13:58,502 --> 00:14:00,330
like a matchmaker.
338
00:14:00,373 --> 00:14:02,636
I help families
who want children
339
00:14:02,680 --> 00:14:05,160
but can't afford the
services in this country.
340
00:14:05,204 --> 00:14:09,339
I find them pregnant women
or surrogates in Ukraine.
341
00:14:09,382 --> 00:14:11,254
- We know the Porters
wired you 50 grand
342
00:14:11,297 --> 00:14:12,864
a couple months ago, yeah?
343
00:14:12,907 --> 00:14:14,735
- Were they looking
to adopt a child?
344
00:14:14,779 --> 00:14:18,913
- Sorry, I don't want to
betray any confidences.
345
00:14:18,957 --> 00:14:20,045
Can you just ask him?
346
00:14:20,088 --> 00:14:21,699
- We'd like to,
347
00:14:21,742 --> 00:14:23,527
but somebody put a
hammer through his skull,
348
00:14:23,570 --> 00:14:26,399
so now he's in a coma.
349
00:14:26,443 --> 00:14:28,401
- The Porters were
looking for a surrogate.
350
00:14:28,445 --> 00:14:30,315
- And you charged them $50,000?
351
00:14:30,360 --> 00:14:31,361
- Yes.
352
00:14:31,404 --> 00:14:33,232
40 for me, 10 for her.
353
00:14:35,930 --> 00:14:38,368
Well, that's a hell
of a business plan.
354
00:14:38,411 --> 00:14:40,108
The woman carries the
baby for nine months
355
00:14:40,152 --> 00:14:41,893
and you pocket 80% of the fee?
356
00:14:41,936 --> 00:14:45,505
- $10,000 to a woman in
Ukraine is life-changing.
357
00:14:45,549 --> 00:14:48,378
- So you connected them
to a surrogate in Ukraine?
358
00:14:48,421 --> 00:14:49,379
- Exactly.
359
00:14:49,422 --> 00:14:51,163
- Where is this woman now?
360
00:14:51,206 --> 00:14:54,732
- After the pregnancy took,
we arranged with the Porters
361
00:14:54,775 --> 00:14:57,387
to have her come here to
live with them in America.
362
00:14:57,430 --> 00:14:59,563
- We'll need a name.
363
00:14:59,606 --> 00:15:01,216
- You need more information,
364
00:15:01,260 --> 00:15:03,436
you're gonna have
to have a subpoena.
365
00:15:06,918 --> 00:15:08,528
- Darina Meleshko.
366
00:15:08,572 --> 00:15:10,138
That's the name of the
Porters' surrogate.
367
00:15:10,182 --> 00:15:11,226
She's 24 years old.
368
00:15:11,270 --> 00:15:12,489
She's from Kyiv.
369
00:15:12,532 --> 00:15:13,925
She's here on a travel
visa, and she used
370
00:15:13,968 --> 00:15:16,623
the Porters' address on
her visa application.
371
00:15:16,667 --> 00:15:19,017
- So she's the one who was
living in the guest room?
372
00:15:19,060 --> 00:15:21,062
- For all we know, she
might be our killer.
373
00:15:21,106 --> 00:15:23,587
- All right, when's the last
time anybody had eyes on her?
374
00:15:23,630 --> 00:15:26,285
- Actually, she opened up a
new bank account yesterday,
375
00:15:26,329 --> 00:15:28,374
deposited a check for $2,000.
376
00:15:28,418 --> 00:15:30,115
- Where'd the money come from?
377
00:15:30,158 --> 00:15:31,595
- A guy named Dennis Leverett.
378
00:15:31,638 --> 00:15:34,032
He lives in Riverdale.
379
00:15:34,075 --> 00:15:36,382
- Well, let's see if he
knows where to find her.
380
00:15:40,560 --> 00:15:41,692
- Sure, we know Darina.
381
00:15:41,735 --> 00:15:43,389
She just moved into
our guest room.
382
00:15:43,433 --> 00:15:44,956
- Yeah, and how
do you know her?
383
00:15:44,999 --> 00:15:48,220
- A friend of a friend
told us about Pavlo Golub.
384
00:15:48,263 --> 00:15:49,830
He introduced us to Darina.
385
00:15:49,874 --> 00:15:52,093
- We're going to
adopt her baby.
386
00:15:54,400 --> 00:15:56,228
- She told you it was her baby?
387
00:15:56,271 --> 00:15:58,099
- Pavlo said she was pregnant,
388
00:15:58,143 --> 00:16:01,015
not in a position
to care for a child.
389
00:16:01,059 --> 00:16:02,539
It's a girl.
390
00:16:02,582 --> 00:16:04,323
- And how much
did you pay Pavlo?
391
00:16:04,367 --> 00:16:06,847
- $250,000.
392
00:16:08,283 --> 00:16:09,850
It's the going rate.
393
00:16:12,200 --> 00:16:14,420
- And he never mentioned
anything about another couple?
394
00:16:14,464 --> 00:16:16,770
- No, why?
395
00:16:16,814 --> 00:16:18,990
- Do you know where
Darina is right now?
396
00:16:19,033 --> 00:16:21,819
- We sent her on a staycation
for a couple of days
397
00:16:21,862 --> 00:16:23,037
at a nice hotel.
398
00:16:39,880 --> 00:16:43,188
- Darina Meleshko, we've
got some questions for you.
399
00:16:43,231 --> 00:16:44,363
Whoa, whoa, whoa, whoa.
400
00:16:44,407 --> 00:16:45,625
Hey, hey, don't
move, all right?
401
00:16:45,669 --> 00:16:46,626
We just want to talk to you.
402
00:16:46,670 --> 00:16:49,063
- Please don't hurt my baby.
403
00:16:49,107 --> 00:16:52,197
- How'd you get that
gash on your hand?
404
00:16:52,240 --> 00:16:53,503
- What do you want?
405
00:16:53,546 --> 00:16:55,548
- You can start by telling
us how your DNA got
406
00:16:55,592 --> 00:16:57,942
on the hammer that
killed Eileen Porter.
407
00:16:57,985 --> 00:16:59,465
No, no, no, no, no,
that's not happening.
408
00:16:59,509 --> 00:17:00,379
That's not happening.
- Don't do that.
409
00:17:00,422 --> 00:17:01,902
Don't do that.
410
00:17:01,946 --> 00:17:04,078
- Darina Meleshko, you are
under arrest for murder.
411
00:17:04,122 --> 00:17:05,123
- No.
- Come on.
412
00:17:05,166 --> 00:17:07,908
- Please don't hurt my baby.
413
00:17:07,951 --> 00:17:09,475
Ah! Oh!
414
00:17:09,518 --> 00:17:10,824
- Whoa.
- Stop.
415
00:17:10,868 --> 00:17:11,869
- Whoa, whoa, whoa,
whoa, whoa, whoa, whoa.
416
00:17:11,912 --> 00:17:12,825
Hey.
417
00:17:12,870 --> 00:17:14,566
- I think I'm going into labor.
418
00:17:14,611 --> 00:17:16,482
Oh, oh.
- OK.
419
00:17:16,526 --> 00:17:17,918
- I need to go to a hospital.
- All right. OK. All right.
420
00:17:17,961 --> 00:17:20,051
- Oh, oh, please.
- Hold on.
421
00:17:20,094 --> 00:17:21,748
- Oh, I'm serious.
422
00:17:21,792 --> 00:17:23,228
Oh! Call an ambulance.
423
00:17:23,271 --> 00:17:24,708
- No, no, no, we can
get you there faster.
424
00:17:24,751 --> 00:17:26,013
Let's go. Come on. Come on.
425
00:17:28,398 --> 00:17:30,642
- Calling docket
ending in 9076,
426
00:17:30,667 --> 00:17:32,287
People versus Darina Meleshko.
427
00:17:32,312 --> 00:17:34,401
Charging one count of
murder in the second degree
428
00:17:34,445 --> 00:17:36,969
and one count of attempted
murder in the second degree.
429
00:17:38,492 --> 00:17:39,667
- How do you plead?
430
00:17:39,711 --> 00:17:41,582
- My client pleads not guilty.
431
00:17:41,626 --> 00:17:43,062
- I'll hear you on bail.
432
00:17:43,105 --> 00:17:46,282
- Your Honor, there are
two victims in this case--
433
00:17:46,326 --> 00:17:48,459
Eileen Porter, who
was brutally murdered,
434
00:17:48,502 --> 00:17:50,678
and her husband,
Tom, who was recently
435
00:17:50,722 --> 00:17:52,419
released from the hospital.
436
00:17:52,463 --> 00:17:55,161
The defendant was a surrogate
for Tom and Eileen Porter,
437
00:17:55,204 --> 00:17:57,903
but after she got
pregnant with her embryo,
438
00:17:57,946 --> 00:17:59,513
she sold their baby
to another couple
439
00:17:59,557 --> 00:18:01,428
who could afford to
pay a lot more money.
440
00:18:01,472 --> 00:18:03,822
On the day of the murder,
the Porters caught
441
00:18:03,865 --> 00:18:05,693
the defendant moving
out of their home.
442
00:18:05,737 --> 00:18:08,043
The victims told her she could
not leave with their baby
443
00:18:08,087 --> 00:18:09,958
and threatened to
call the police.
444
00:18:10,002 --> 00:18:12,570
So she killed Eileen
and tried to kill Tom.
445
00:18:12,613 --> 00:18:13,875
- That's pure conjecture.
446
00:18:13,919 --> 00:18:15,399
- The murder weapon, a hammer,
447
00:18:15,442 --> 00:18:16,443
had both victims'
448
00:18:16,487 --> 00:18:17,792
and the defendant's
blood on it.
449
00:18:17,836 --> 00:18:19,533
She had a cut on her hand
when she was arrested.
450
00:18:19,577 --> 00:18:22,536
She had motive and opportunity,
and she's a flight risk.
451
00:18:22,580 --> 00:18:24,016
People seek remand.
452
00:18:24,059 --> 00:18:25,800
- Ms. Stratford?
453
00:18:25,844 --> 00:18:28,412
- My client is
not a flight risk.
454
00:18:28,455 --> 00:18:30,457
She has no money,
no resources,
455
00:18:30,501 --> 00:18:32,590
and nowhere to go.
456
00:18:32,633 --> 00:18:36,158
Your Honor, my client
gave birth four days ago.
457
00:18:36,202 --> 00:18:37,508
She's nursing a newborn.
458
00:18:37,551 --> 00:18:40,162
- She can do that in
the nursery at Rikers.
459
00:18:40,206 --> 00:18:41,773
The defendant's remanded.
460
00:18:52,087 --> 00:18:55,526
- You're really gonna
send her to Rikers?
461
00:18:55,569 --> 00:18:57,832
- She tried to sell
the Porters' baby,
462
00:18:57,876 --> 00:19:00,182
then bashed them
in their heads.
463
00:19:00,226 --> 00:19:02,968
- This has all been a
terrible misunderstanding.
464
00:19:03,011 --> 00:19:05,187
- A misunderstanding?
465
00:19:05,231 --> 00:19:08,103
- Pavlo Golub lied to Darina.
466
00:19:08,147 --> 00:19:09,888
He told her the Porters
were having second thoughts,
467
00:19:09,931 --> 00:19:11,106
that they weren't even sure
468
00:19:11,150 --> 00:19:12,978
they wanted to raise
the child anymore.
469
00:19:13,021 --> 00:19:14,632
He said he found
a loving couple,
470
00:19:14,675 --> 00:19:17,765
and Darina trusted him.
471
00:19:17,809 --> 00:19:20,681
Have some compassion, Sam.
472
00:19:25,556 --> 00:19:26,948
- What's this?
473
00:19:38,743 --> 00:19:40,875
- Your Honor, I filed
a motion to suppress
474
00:19:40,919 --> 00:19:42,486
the so-called murder weapon.
475
00:19:42,529 --> 00:19:43,617
- On what grounds?
476
00:19:43,661 --> 00:19:45,010
- The search and
seizure was in violation
477
00:19:45,053 --> 00:19:46,185
of the Fourth Amendment
478
00:19:46,228 --> 00:19:48,100
to the United
States Constitution.
479
00:19:48,143 --> 00:19:49,536
- Where was the evidence found?
480
00:19:49,580 --> 00:19:51,886
- It was a hammer
found in a trash can
481
00:19:51,930 --> 00:19:53,279
at the Porters' apartment.
482
00:19:53,322 --> 00:19:54,976
- The police shouldn't
have touched it until
483
00:19:55,020 --> 00:19:56,543
they had obtained
a search warrant.
484
00:19:56,587 --> 00:19:58,502
- We shouldn't even be
having this discussion
485
00:19:58,545 --> 00:20:00,547
because the defendant
has no standing.
486
00:20:00,591 --> 00:20:02,549
Only the lawful residents
of the apartment
487
00:20:02,593 --> 00:20:04,246
have the right to
challenge the search.
488
00:20:04,290 --> 00:20:05,552
- At the time of the seizure,
489
00:20:05,596 --> 00:20:07,902
my client was still
living in the apartment.
490
00:20:07,946 --> 00:20:10,601
Some of her personal items
were in the spare bedroom.
491
00:20:10,644 --> 00:20:11,732
- Was she on the lease?
492
00:20:11,776 --> 00:20:13,081
- No.
493
00:20:13,125 --> 00:20:14,909
- She lived there
for two months.
494
00:20:14,953 --> 00:20:16,607
She had her own set of keys.
495
00:20:16,650 --> 00:20:19,087
She hadn't filed a change of
address with the post office.
496
00:20:19,131 --> 00:20:21,394
She was in the
process of relocating
497
00:20:21,437 --> 00:20:23,527
but hadn't officially moved.
498
00:20:24,745 --> 00:20:26,573
- It's a close call.
499
00:20:26,617 --> 00:20:28,401
But I find that the
defendant still had
500
00:20:28,444 --> 00:20:31,883
a reasonable expectation
of privacy in the home.
501
00:20:31,926 --> 00:20:34,363
The motion to
suppress is granted.
502
00:20:38,367 --> 00:20:40,282
- We lost the murder weapon,
503
00:20:40,326 --> 00:20:42,284
which is a huge
blow to the case.
504
00:20:42,328 --> 00:20:44,156
- So what else do you have?
505
00:20:44,199 --> 00:20:46,593
Who's your strongest witness?
506
00:20:46,637 --> 00:20:49,117
- The baby broker,
Pavlo Golub,
507
00:20:49,161 --> 00:20:51,032
the man who arranged
the surrogacy.
508
00:20:51,076 --> 00:20:53,382
He can testify to
Darina's state of mind
509
00:20:53,426 --> 00:20:55,863
that she was a
willing participant,
510
00:20:55,907 --> 00:20:58,039
that she agreed to pretend
the baby was her own.
511
00:20:58,083 --> 00:20:59,867
- Isn't Golub part of the scam?
512
00:20:59,911 --> 00:21:01,216
- He wasn't just part of it.
513
00:21:01,260 --> 00:21:02,740
He was the mastermind.
514
00:21:02,783 --> 00:21:05,177
- But he didn't kill anyone.
515
00:21:05,220 --> 00:21:07,875
The problem is that he's
demanding full immunity.
516
00:21:07,919 --> 00:21:10,661
- Golub has run this con on
two other desperate families
517
00:21:10,704 --> 00:21:13,228
with two other
desperate refugee women.
518
00:21:13,272 --> 00:21:15,448
We can't just give
him a free pass.
519
00:21:15,491 --> 00:21:16,623
- I agree.
520
00:21:16,667 --> 00:21:19,234
My sister adopted
a child from China.
521
00:21:19,278 --> 00:21:21,672
She was so anxious
and vulnerable.
522
00:21:21,715 --> 00:21:24,631
To prey on people looking
to create a family,
523
00:21:24,675 --> 00:21:25,806
it's repugnant.
524
00:21:25,850 --> 00:21:27,547
I'm not gonna reward
someone like that.
525
00:21:27,591 --> 00:21:30,376
In fact, I want to open
up a case against him.
526
00:21:30,419 --> 00:21:33,248
The victim's husband's gonna
be your most emotional witness.
527
00:21:33,292 --> 00:21:34,946
Kick off your trial with him.
528
00:21:41,735 --> 00:21:44,520
- Eileen and I met during
freshman orientation
529
00:21:44,564 --> 00:21:47,523
at Georgetown.
530
00:21:47,567 --> 00:21:50,004
It was one of those "love
at first sight" moments.
531
00:21:50,048 --> 00:21:52,354
- And you wanted
to start a family?
532
00:21:52,398 --> 00:21:55,183
- Eileen had survived
childhood cancer.
533
00:21:55,227 --> 00:21:56,750
She couldn't carry a baby,
534
00:21:56,794 --> 00:21:58,665
so we arranged to
have our embryo
535
00:21:58,709 --> 00:22:00,711
implanted in a surrogate.
536
00:22:00,754 --> 00:22:05,324
- That surrogate being the
defendant, Darina Meleshko?
537
00:22:06,499 --> 00:22:08,153
- Yes.
538
00:22:08,196 --> 00:22:11,809
- Do you have any
memory of what happened
539
00:22:11,852 --> 00:22:15,203
between you, your
wife, and the defendant
540
00:22:15,247 --> 00:22:16,988
on January 15th of this year?
541
00:22:17,031 --> 00:22:19,338
- The last thing I remember
is coming home from dinner.
542
00:22:19,381 --> 00:22:21,383
Eileen went to see Darina
543
00:22:21,427 --> 00:22:23,429
to let her know
that we were home,
544
00:22:23,472 --> 00:22:24,909
see if she needed anything.
545
00:22:24,952 --> 00:22:26,084
- Was Darina there?
546
00:22:26,127 --> 00:22:27,128
- I can only guess.
547
00:22:27,172 --> 00:22:29,696
Like I said, I don't remember.
548
00:22:31,742 --> 00:22:34,222
We trusted her,
549
00:22:34,266 --> 00:22:35,876
welcomed her into our home,
550
00:22:35,920 --> 00:22:37,182
treated her like family.
551
00:22:37,225 --> 00:22:38,400
I--I can't believe
that she would
552
00:22:38,444 --> 00:22:39,967
do something like this to us.
553
00:22:40,011 --> 00:22:41,273
- Objection. Not relevant.
554
00:22:41,316 --> 00:22:43,014
- My baby is
living in a prison.
555
00:22:43,057 --> 00:22:44,145
- Your Honor!
- Mr. Porter.
556
00:22:44,189 --> 00:22:45,277
- Please, Darina,
just let me see her.
557
00:22:45,320 --> 00:22:46,353
I just want to hold her.
558
00:22:46,378 --> 00:22:49,424
- Mr. Porter, there's no
question before you, sir.
559
00:22:52,631 --> 00:22:54,937
Anything else, Mr. Price?
560
00:22:54,962 --> 00:22:57,573
- No, I have nothing further.
561
00:22:57,695 --> 00:23:00,001
- Cross examination.
562
00:23:03,991 --> 00:23:09,257
- Is it possible that
you startled my client,
563
00:23:09,301 --> 00:23:11,651
scared her, yelled at her?
564
00:23:11,695 --> 00:23:13,740
- I never raised my
voice with her before.
565
00:23:13,784 --> 00:23:16,134
- But you must have been angry
to see that she was leaving.
566
00:23:16,177 --> 00:23:17,309
You--you could have
threatened her.
567
00:23:17,352 --> 00:23:18,310
- I may have been angry.
568
00:23:18,353 --> 00:23:19,615
I doubt I threatened her.
569
00:23:19,659 --> 00:23:22,706
- But you can't swear to that?
570
00:23:25,796 --> 00:23:27,841
- Correct, I can't.
571
00:23:32,439 --> 00:23:34,935
- Did Darina tell you
about her life in Ukraine?
572
00:23:35,408 --> 00:23:37,938
- A little.
573
00:23:38,298 --> 00:23:41,855
- Did she talk about
the Russian soldiers?
574
00:23:41,899 --> 00:23:45,163
- Yes, she did.
575
00:23:45,206 --> 00:23:48,079
- The constant
barrage of gunfire,
576
00:23:48,122 --> 00:23:49,863
the unrelenting bombings?
577
00:23:49,907 --> 00:23:52,648
- She did.
578
00:23:52,692 --> 00:23:54,955
- Did Darina tell you
she witnessed the death
579
00:23:54,999 --> 00:23:57,305
of her husband and young son?
580
00:23:57,349 --> 00:23:59,786
- Your Honor, I fail
to see the relevance.
581
00:23:59,830 --> 00:24:01,875
- Sustained.
582
00:24:01,919 --> 00:24:04,399
Anything else?
583
00:24:05,836 --> 00:24:07,272
- No, thank you.
584
00:24:09,578 --> 00:24:12,233
- Dr. Thomas, did you
perform the autopsy
585
00:24:12,277 --> 00:24:14,670
on the victim in this
case, Eileen Porter?
586
00:24:14,714 --> 00:24:16,020
- I did.
587
00:24:16,063 --> 00:24:17,630
- What did you determine
to be the cause of death?
588
00:24:17,673 --> 00:24:19,327
- Blunt-force
trauma to the head.
589
00:24:19,371 --> 00:24:22,417
- Could you describe
the nature and severity
590
00:24:22,461 --> 00:24:23,897
of Ms. Porter's wounds?
591
00:24:23,941 --> 00:24:25,246
- She had eight separate
and distinct attacks
592
00:24:25,290 --> 00:24:26,682
on her skull.
593
00:24:26,726 --> 00:24:30,164
- And is it true that any
one of those head wounds
594
00:24:30,208 --> 00:24:32,166
could have killed Ms. Porter?
595
00:24:32,210 --> 00:24:34,255
- That is my opinion, yes.
596
00:24:34,299 --> 00:24:36,127
- So would you
characterize this attack
597
00:24:36,170 --> 00:24:38,694
as unnecessarily vicious?
598
00:24:38,738 --> 00:24:40,000
- I would.
599
00:24:40,044 --> 00:24:41,001
- Thank you, Doctor.
600
00:24:41,045 --> 00:24:43,221
I have nothing further.
601
00:24:43,264 --> 00:24:44,831
- Ms. Stratford?
602
00:24:51,055 --> 00:24:53,274
- Did this incident
appear to be the result
603
00:24:53,318 --> 00:24:54,841
of rational thought?
604
00:24:54,885 --> 00:24:56,538
- I'm not sure
what you're asking.
605
00:24:56,582 --> 00:24:58,758
- Then let me rephrase.
606
00:24:58,802 --> 00:25:01,717
Are you familiar with
post-traumatic stress disorder?
607
00:25:01,761 --> 00:25:03,763
- I am.
- Your Honor, may we approach?
608
00:25:08,507 --> 00:25:10,857
- This doctor is not
an expert in PTSD.
609
00:25:10,901 --> 00:25:14,078
And even if he were,
what's the relevance?
610
00:25:14,121 --> 00:25:15,514
- Where are you going
with this, Ms. Stratford?
611
00:25:15,557 --> 00:25:17,168
- We are changing our defense.
612
00:25:17,211 --> 00:25:18,430
- To what?
613
00:25:18,473 --> 00:25:21,346
- Not guilty by
reason of insanity.
614
00:25:21,389 --> 00:25:24,349
- This is trial by ambush.
615
00:25:24,392 --> 00:25:26,133
The defense realizes
we have a strong case,
616
00:25:26,177 --> 00:25:28,614
so they've decided to
completely change course.
617
00:25:28,657 --> 00:25:30,964
- We are allowed to present
any defense we choose.
618
00:25:31,008 --> 00:25:32,444
- Sure, if you provide notice
619
00:25:32,487 --> 00:25:34,838
and comply with the
rules of discovery.
620
00:25:34,881 --> 00:25:36,883
- I don't condone
their tactics,
621
00:25:36,927 --> 00:25:39,886
but I can't deny the
defense an opportunity
622
00:25:39,930 --> 00:25:42,846
to present relevant
evidence and witnesses.
623
00:25:42,889 --> 00:25:46,110
I will give you time
to prepare, Mr. Price.
624
00:25:46,465 --> 00:25:48,728
Ladies and gentlemen, we're
adjourned for the day.
625
00:25:54,569 --> 00:25:57,662
- Dr. Galen, are you a
board-certified psychiatrist
626
00:25:57,705 --> 00:25:59,054
with a practice in New York?
627
00:25:59,098 --> 00:26:00,162
- I am.
628
00:26:00,187 --> 00:26:03,058
I specialize in the
neurobiology of trauma.
629
00:26:03,102 --> 00:26:05,147
- And did you conduct
a forensic examination
630
00:26:05,191 --> 00:26:06,583
of my client?
631
00:26:06,627 --> 00:26:09,325
- The National Center for
PTSD has a standard set
632
00:26:09,369 --> 00:26:12,633
of questions used to
evaluate the intensity
633
00:26:12,677 --> 00:26:14,548
and frequency of symptoms.
634
00:26:14,591 --> 00:26:16,115
I administered that test,
635
00:26:16,158 --> 00:26:19,422
and I asked Ms.
Meleshko about her life.
636
00:26:19,466 --> 00:26:21,642
- What did Darina tell you?
637
00:26:21,686 --> 00:26:23,078
- Darina was a
preschool teacher.
638
00:26:23,122 --> 00:26:25,385
Her husband was an engineer.
639
00:26:25,428 --> 00:26:27,822
They lived in Kyiv
with their infant son.
640
00:26:27,866 --> 00:26:31,870
When Ukraine was invaded,
her home was bombed.
641
00:26:31,913 --> 00:26:34,002
- Did Darina show
you this photograph?
642
00:26:38,093 --> 00:26:39,138
- Yes.
643
00:26:39,181 --> 00:26:40,530
She told me it
was what her home
644
00:26:40,574 --> 00:26:42,794
looked like after the attack.
645
00:26:44,578 --> 00:26:48,974
- Was Darina in the building
at the time it was hit?
646
00:26:49,017 --> 00:26:52,934
- Her husband was decapitated
right in front of her.
647
00:26:52,978 --> 00:26:55,763
Her infant son was
killed by a mortar.
648
00:26:57,199 --> 00:26:59,941
- And Darina
managed to survive?
649
00:26:59,985 --> 00:27:03,379
- She and her mother went
to a refugee shelter.
650
00:27:03,423 --> 00:27:06,513
- Did all this have
an effect on Darina?
651
00:27:06,556 --> 00:27:07,993
- Most definitely.
652
00:27:08,036 --> 00:27:10,865
She has all of the
classic symptoms of PTSD--
653
00:27:10,909 --> 00:27:13,825
flashbacks, nightmares,
intrusive thoughts.
654
00:27:13,868 --> 00:27:20,048
- And can PTSD alter
one's brain chemistry?
655
00:27:20,092 --> 00:27:24,749
- It can increase vigilance,
impulsivity, stress responses,
656
00:27:24,792 --> 00:27:26,272
and memory intrusions.
657
00:27:26,315 --> 00:27:29,362
- Dr. Galen, in your
professional opinion,
658
00:27:29,405 --> 00:27:33,540
did Darina's mental
disease render her unable
659
00:27:33,583 --> 00:27:37,239
to understand the
wrongfulness of her actions
660
00:27:37,283 --> 00:27:39,546
on January 15th?
661
00:27:39,589 --> 00:27:41,200
- Yes.
662
00:27:41,243 --> 00:27:42,897
- Thank you.
663
00:27:42,941 --> 00:27:44,812
Nothing further.
664
00:27:50,862 --> 00:27:54,517
- Do you know that
Tom and Eileen Porter,
665
00:27:54,561 --> 00:27:56,824
or the victims in this case,
666
00:27:56,868 --> 00:27:59,174
had no evidence of
offensive wounds?
667
00:27:59,218 --> 00:28:00,697
- No, I did not know that.
668
00:28:00,741 --> 00:28:02,047
- All of the
evidence in this case
669
00:28:02,090 --> 00:28:05,398
indicates that this was
an unprovoked attack.
670
00:28:05,441 --> 00:28:09,837
- Yes, but in Darina's
mind, it was warranted.
671
00:28:09,881 --> 00:28:13,972
- The defendant was
never treated for PTSD.
672
00:28:14,015 --> 00:28:15,625
She's never complained
about her symptoms
673
00:28:15,669 --> 00:28:17,845
until after she saw that
674
00:28:17,889 --> 00:28:19,673
the evidence against
her was mounting.
675
00:28:19,716 --> 00:28:21,370
- Objection. Argumentative.
676
00:28:21,414 --> 00:28:23,416
- Overruled.
677
00:28:23,459 --> 00:28:26,767
- Unfortunately, many of those
who suffer from the disorder
678
00:28:26,811 --> 00:28:28,813
do not seek professional help.
679
00:28:28,856 --> 00:28:32,251
- Dr. Galen,
according to UNICEF,
680
00:28:32,294 --> 00:28:37,082
5.2 million women are
at risk of depression,
681
00:28:37,125 --> 00:28:41,608
anxiety, and PTSD due to
the Ukrainian-Russian War.
682
00:28:41,651 --> 00:28:43,523
As far as I know,
683
00:28:43,566 --> 00:28:46,918
none of them have committed
this kind of atrocity.
684
00:28:46,961 --> 00:28:47,962
- Objection.
685
00:28:48,006 --> 00:28:50,791
- Sustained.
686
00:28:50,835 --> 00:28:52,445
Anything else?
687
00:28:54,555 --> 00:28:57,341
- No, thank you.
688
00:29:07,171 --> 00:29:10,566
- I've been reading about our
defendant's life in Ukraine.
689
00:29:10,680 --> 00:29:12,499
Seems pretty tragic.
690
00:29:12,752 --> 00:29:14,841
I think we should
consider a plea.
691
00:29:17,252 --> 00:29:20,342
- I don't want to diminish
what she's been through.
692
00:29:20,386 --> 00:29:24,273
But I just don't think
she was legally insane.
693
00:29:24,538 --> 00:29:26,178
Everything she did
before and after
694
00:29:26,203 --> 00:29:27,749
the attack was intentional,
695
00:29:27,774 --> 00:29:30,646
required rational
thought and planning.
696
00:29:30,797 --> 00:29:32,799
- She was in survival mode.
697
00:29:34,127 --> 00:29:37,043
My parents and
grandparents fled Lebanon
698
00:29:37,142 --> 00:29:41,015
during the civil war, and
I saw what it did to them.
699
00:29:41,059 --> 00:29:42,812
- I'm sure they
went through hell,
700
00:29:42,889 --> 00:29:44,673
but they didn't turn
around and bludgeon
701
00:29:44,698 --> 00:29:46,517
innocent people to
death with a hammer.
702
00:29:46,542 --> 00:29:49,763
- All I'm saying is
that the trauma exists.
703
00:29:49,806 --> 00:29:51,896
And it has a residual effect.
704
00:29:53,375 --> 00:29:56,161
- What do you think
we should do with her?
705
00:29:56,204 --> 00:29:57,597
- I don't think she
should be spending
706
00:29:57,640 --> 00:29:59,338
the next 25 years in prison.
707
00:29:59,381 --> 00:30:03,995
- Eileen Porter died a
horrific, painful death.
708
00:30:04,038 --> 00:30:06,780
And Tom Porter easily
could have died.
709
00:30:06,823 --> 00:30:09,217
- I've been consulting
with some local refugee
710
00:30:09,261 --> 00:30:10,915
and resettlement organizations.
711
00:30:10,958 --> 00:30:12,829
They make a strong
case that Darina
712
00:30:12,873 --> 00:30:15,354
is a victim of global violence,
713
00:30:15,397 --> 00:30:18,270
that we should treat
her accordingly.
714
00:30:19,749 --> 00:30:21,534
I tend to agree.
715
00:30:23,231 --> 00:30:26,452
Call her lawyer, see
what you can work out.
716
00:30:30,771 --> 00:30:35,776
- We are prepared to
offer Man One, 15 years.
717
00:30:38,029 --> 00:30:40,031
- We're willing to
accept five years
718
00:30:40,074 --> 00:30:43,382
and help with immigration.
719
00:30:43,425 --> 00:30:46,710
Darina isn't a citizen,
which means after
720
00:30:46,735 --> 00:30:48,646
she serves her sentence,
she's likely to be
721
00:30:48,671 --> 00:30:50,202
deported back to Ukraine.
722
00:30:50,345 --> 00:30:52,130
- Please, I can't
go back there.
723
00:30:52,173 --> 00:30:54,734
- I can't agree to five years.
724
00:30:54,781 --> 00:30:57,222
- And we don't have control
over the immigration process.
725
00:30:57,265 --> 00:30:59,093
- Surely you can
make some calls.
726
00:31:01,437 --> 00:31:04,701
- We have something
else to offer.
727
00:31:06,274 --> 00:31:08,101
If you agree to the terms,
728
00:31:08,262 --> 00:31:11,037
Darina is willing to
terminate her parental rights
729
00:31:11,062 --> 00:31:14,866
and give her baby
to Tom Porter.
730
00:31:15,457 --> 00:31:17,503
- The baby already
belongs to Tom Porter.
731
00:31:17,546 --> 00:31:21,028
- No, Darina signed
the birth certificate.
732
00:31:24,292 --> 00:31:27,121
- Tom was in a coma
when the baby was born.
733
00:31:27,165 --> 00:31:28,601
It's his child.
734
00:31:28,644 --> 00:31:30,255
- According to the
state of New York,
735
00:31:30,298 --> 00:31:32,779
Darina is the only
parent of record.
736
00:31:40,482 --> 00:31:41,832
- I don't understand.
737
00:31:41,857 --> 00:31:43,386
I did the research myself.
738
00:31:43,430 --> 00:31:45,954
The paperwork can
be filed at any time
739
00:31:45,998 --> 00:31:47,956
before or after
the baby is born.
740
00:31:48,000 --> 00:31:49,001
- Darina gave birth.
741
00:31:49,044 --> 00:31:50,524
She signed the
birth certificate.
742
00:31:50,567 --> 00:31:52,352
The law presumes
the baby is hers.
743
00:31:52,395 --> 00:31:53,757
- But we had an agreement.
744
00:31:53,851 --> 00:31:55,964
- Darina changed her mind.
745
00:31:56,008 --> 00:31:58,093
She's not going to
sign the papers.
746
00:31:58,413 --> 00:32:01,566
- You can take it to
court, challenge custody.
747
00:32:01,591 --> 00:32:03,462
- That could take years.
748
00:32:03,734 --> 00:32:05,561
It'll cost money
that I don't have.
749
00:32:05,586 --> 00:32:07,370
There's no guarantee
that I would win.
750
00:32:07,395 --> 00:32:10,769
And in the meantime, I don't
have access to my daughter?
751
00:32:11,238 --> 00:32:13,327
She'll be living in a prison.
752
00:32:13,352 --> 00:32:15,006
In a prison.
753
00:32:15,031 --> 00:32:19,166
- Darina is asking us
to give her five years
754
00:32:19,191 --> 00:32:21,808
for what she did to
you and to your wife.
755
00:32:21,835 --> 00:32:25,360
- I haven't even
held my baby yet.
756
00:32:28,732 --> 00:32:31,948
This is going to
be her nursery.
757
00:32:32,680 --> 00:32:36,597
I want to give her
a name, baptize her.
758
00:32:41,167 --> 00:32:46,302
Please, I'm begging
you, make the deal.
759
00:32:46,327 --> 00:32:49,634
Please, Mr. Price, give
her whatever she wants.
760
00:32:49,901 --> 00:32:52,556
Just let me have my daughter.
761
00:32:57,292 --> 00:32:58,792
- Five years is low,
762
00:32:58,817 --> 00:33:01,917
but it's what's
best for the baby,
763
00:33:01,942 --> 00:33:04,222
and it's what the
victim's husband wants.
764
00:33:04,247 --> 00:33:06,205
- Well, he is desperate,
but the defendant
765
00:33:06,230 --> 00:33:08,667
is essentially holding
his baby hostage.
766
00:33:08,692 --> 00:33:11,362
- I was hoping there was
a deal to be made here,
767
00:33:11,572 --> 00:33:13,182
but I cannot allow someone
768
00:33:13,225 --> 00:33:15,793
to use a child as
a bargaining chip.
769
00:33:15,837 --> 00:33:17,913
That's a line I can't cross.
770
00:33:18,220 --> 00:33:20,657
- Then I will continue
with the trial.
771
00:33:20,682 --> 00:33:22,640
- Can you bring it home?
772
00:33:22,844 --> 00:33:26,749
- They put on a strong defense,
and it's about to get stronger.
773
00:33:26,774 --> 00:33:28,515
The defendant is
gonna testify today.
774
00:33:28,540 --> 00:33:32,140
And like it or not, she
is very sympathetic.
775
00:33:32,165 --> 00:33:34,202
I'm concerned it'll look
like I'm beating up on
776
00:33:34,227 --> 00:33:36,794
a traumatized woman.
777
00:33:36,819 --> 00:33:39,735
- There's a solution to that.
778
00:33:40,735 --> 00:33:43,695
You do the cross.
779
00:33:43,720 --> 00:33:45,374
- Because I'm a woman?
780
00:33:45,399 --> 00:33:47,335
- No.
781
00:33:47,617 --> 00:33:50,228
You've told me about
your family's history.
782
00:33:50,253 --> 00:33:53,226
I think you have unique
insight into Darina's
783
00:33:53,527 --> 00:33:54,757
backstory and her psyche.
784
00:33:55,094 --> 00:33:56,723
- I'm not sure I'm
comfortable with that.
785
00:33:56,868 --> 00:33:59,460
- I'm not asking you to do
anything unethical or illegal.
786
00:33:59,485 --> 00:34:00,437
- I know, but--
787
00:34:00,462 --> 00:34:04,162
- Go into the courtroom
and do your job.
788
00:34:04,609 --> 00:34:07,700
You're part of the team,
and you need to step up.
789
00:34:12,619 --> 00:34:16,405
- I thought Tom and
Eileen would be out late.
790
00:34:16,430 --> 00:34:21,023
I was startled when Eileen
came in and saw me packing.
791
00:34:21,291 --> 00:34:24,898
She confronted me, told
me I couldn't leave.
792
00:34:24,923 --> 00:34:26,781
- Did she physically
prevent you from leaving?
793
00:34:26,806 --> 00:34:28,286
Did she block your path?
794
00:34:28,741 --> 00:34:31,077
- Yes, she yelled,
795
00:34:31,636 --> 00:34:34,054
said she was going to
call the authorities,
796
00:34:34,258 --> 00:34:36,273
get me deported.
797
00:34:37,257 --> 00:34:38,561
I panicked.
798
00:34:38,654 --> 00:34:42,353
I didn't want to
go back to Ukraine.
799
00:34:42,545 --> 00:34:45,663
There was a hammer
on the dresser.
800
00:34:45,965 --> 00:34:47,401
- So you hit her?
801
00:34:49,102 --> 00:34:50,140
- Yes.
802
00:34:52,337 --> 00:34:55,732
And Tom must have heard
what was going on.
803
00:34:55,869 --> 00:35:00,308
He came in, started
yelling, grabbing at me.
804
00:35:00,333 --> 00:35:03,641
And so I hit him too.
805
00:35:03,666 --> 00:35:06,781
- You thought you
were under attack?
806
00:35:07,472 --> 00:35:09,484
- Yes.
807
00:35:10,512 --> 00:35:12,470
- Your witness.
808
00:35:23,162 --> 00:35:26,383
- Ms. Meleshko,
809
00:35:26,511 --> 00:35:29,226
what exactly did
Tom and Eileen say
810
00:35:29,251 --> 00:35:31,499
that made you feel threatened?
811
00:35:32,187 --> 00:35:34,319
- That they were going
to call the police.
812
00:35:34,668 --> 00:35:36,820
- Did they say you
couldn't leave?
813
00:35:37,148 --> 00:35:38,497
- Yes.
814
00:35:38,665 --> 00:35:40,624
- And that triggered you?
815
00:35:40,732 --> 00:35:41,994
- It did.
816
00:35:44,683 --> 00:35:48,469
- So you're saying that
817
00:35:48,740 --> 00:35:51,743
that made you feel like
you were under attack?
818
00:35:52,053 --> 00:35:54,055
- Yes.
819
00:35:59,673 --> 00:36:02,038
- Ask for a recess.
820
00:36:02,849 --> 00:36:04,372
Do it now.
821
00:36:06,154 --> 00:36:09,592
- Your Honor, may we
have a brief recess?
822
00:36:09,879 --> 00:36:11,562
- Let's all stretch our legs.
823
00:36:11,587 --> 00:36:12,892
Be back in 15 minutes.
824
00:36:25,808 --> 00:36:27,723
- What the hell is going on?
825
00:36:27,767 --> 00:36:30,335
You're lobbing them softballs.
826
00:36:31,076 --> 00:36:33,165
Are you intentionally
throwing the case?
827
00:36:33,616 --> 00:36:36,880
- No, I'm doing the best I can.
828
00:36:36,994 --> 00:36:38,691
- Really?
829
00:36:42,066 --> 00:36:44,937
- One of my earliest
childhood memories,
830
00:36:45,041 --> 00:36:47,478
it was this massive
power outage,
831
00:36:47,503 --> 00:36:48,983
and the whole city went dark.
832
00:36:49,013 --> 00:36:51,241
My father instinctively
packed our bags,
833
00:36:51,266 --> 00:36:52,452
got us all in the car.
834
00:36:52,477 --> 00:36:55,350
My family was halfway to Canada
when the lights went back on.
835
00:36:55,814 --> 00:37:00,351
My point is my parents
believed we were under attack.
836
00:37:00,453 --> 00:37:03,194
- You need to find a way to put
your personal feelings aside.
837
00:37:05,096 --> 00:37:07,403
- I'm not sure I can.
838
00:37:09,231 --> 00:37:12,241
- Last year, I tried
a death penalty case.
839
00:37:12,266 --> 00:37:16,052
I advocated in favor
840
00:37:16,077 --> 00:37:19,249
of sentencing a
man to his death.
841
00:37:19,853 --> 00:37:22,796
That went against
everything I stood for.
842
00:37:22,986 --> 00:37:24,117
- Why'd you do it?
843
00:37:24,294 --> 00:37:27,609
- McCoy told me to.
844
00:37:27,726 --> 00:37:31,904
And he had every
right to do so.
845
00:37:34,039 --> 00:37:36,757
You and I, we serve
at the pleasure
846
00:37:36,860 --> 00:37:38,252
of the district attorney.
847
00:37:38,277 --> 00:37:41,093
We are part of his team.
848
00:37:41,309 --> 00:37:43,572
When push comes to shove,
he calls the shots.
849
00:37:43,597 --> 00:37:48,062
So you have two choices--
850
00:37:48,087 --> 00:37:50,140
tender your resignation
851
00:37:50,298 --> 00:37:53,563
or figure out a way to
rise to the occasion.
852
00:37:59,574 --> 00:38:02,360
- Ms. Meleshko, before
we went on a break,
853
00:38:02,385 --> 00:38:05,093
I was asking you about
your state of mind.
854
00:38:05,236 --> 00:38:07,195
- Yes, I remember.
855
00:38:07,730 --> 00:38:10,499
- You were saying that you felt
like you were under attack?
856
00:38:10,774 --> 00:38:12,140
- Yes.
857
00:38:12,617 --> 00:38:16,460
- And that is based on your
experience from Ukraine?
858
00:38:16,873 --> 00:38:18,832
- Yes.
859
00:38:24,858 --> 00:38:27,445
- Now I'd like to
turn to the victims.
860
00:38:28,591 --> 00:38:32,359
When you were bashing
Eileen Porter in the head,
861
00:38:32,473 --> 00:38:34,562
did you happen to
notice that brain matter
862
00:38:34,587 --> 00:38:36,371
was seeping out of her skull?
863
00:38:39,207 --> 00:38:42,471
- No, I didn't.
864
00:38:42,496 --> 00:38:47,153
- Did she cry out in pain,
beg you to stop hurting her?
865
00:38:48,516 --> 00:38:50,218
- I wasn't in my right mind.
866
00:38:50,243 --> 00:38:51,723
- But you were
thinking clearly enough
867
00:38:51,748 --> 00:38:54,142
to wash Tom and Eileen's
blood off your hands.
868
00:38:54,167 --> 00:38:55,168
- It wasn't like that.
869
00:38:55,193 --> 00:38:56,455
- And you washed the hammer,
870
00:38:56,480 --> 00:38:58,786
tried to get rid of
your fingerprints, DNA.
871
00:38:58,811 --> 00:38:59,952
- I was afraid.
872
00:38:59,977 --> 00:39:02,153
- You were afraid
of getting caught.
873
00:39:02,478 --> 00:39:06,116
So you destroyed evidence,
then you fled the scene.
874
00:39:06,321 --> 00:39:08,105
You left Eileen Porter dead.
875
00:39:08,142 --> 00:39:10,231
You left Tom Porter
bleeding out.
876
00:39:10,256 --> 00:39:11,390
You didn't call for help.
877
00:39:11,415 --> 00:39:12,452
- I wish I had.
878
00:39:12,477 --> 00:39:14,392
- And if that wasn't bad
enough, the next day,
879
00:39:14,417 --> 00:39:17,028
you went to Riverdale
to sell their baby
880
00:39:17,292 --> 00:39:18,538
to a couple with more money.
881
00:39:18,563 --> 00:39:19,999
Isn't that true?
882
00:39:21,951 --> 00:39:23,909
Isn't that true?
883
00:39:29,134 --> 00:39:31,310
- I have no more questions
for this witness.
884
00:39:57,549 --> 00:39:59,986
- Members of the
jury, in the matter of
885
00:40:00,011 --> 00:40:04,798
People versus Darina
Meleshko, how do you find?
886
00:40:04,823 --> 00:40:08,348
- We find the defendant guilty.
887
00:40:09,983 --> 00:40:13,073
- Members of the jury,
thank you for your service.
888
00:40:13,098 --> 00:40:14,317
We are adjourned.
889
00:40:26,266 --> 00:40:28,355
- Nice work.
890
00:40:35,328 --> 00:40:38,723
- So what does all this mean?
891
00:40:39,785 --> 00:40:43,310
- Well, it means that we
got justice for your wife.
892
00:40:43,335 --> 00:40:46,120
- I know, but what
about my little girl?
893
00:40:46,145 --> 00:40:48,364
What does this mean for her?
894
00:40:50,566 --> 00:40:52,916
- I don't know.
65563
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