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NARRATOR: In the
criminal justice system
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00:00:03,070 --> 00:00:06,837
the people are represented by two
separate yet equally important groups,
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00:00:06,907 --> 00:00:08,773
the police who investigate crime
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00:00:08,842 --> 00:00:11,471
and the district attorneys
who prosecute the offenders.
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00:00:11,645 --> 00:00:13,170
These are their stories.
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00:00:14,548 --> 00:00:16,449
(CHILDREN CHATTERING)
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00:00:20,954 --> 00:00:23,719
GILLESPIE: This is us on the South
Rim. That's where you start from.
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00:00:23,790 --> 00:00:26,726
You see the other side?
Yeah, right behind your thumb.
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00:00:26,793 --> 00:00:28,159
Very funny.
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00:00:28,228 --> 00:00:30,322
Anyway, it's five miles across.
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00:00:30,931 --> 00:00:32,365
This is halfway down.
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00:00:32,432 --> 00:00:33,923
And this is us at
the Phantom Ranch,
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00:00:34,001 --> 00:00:35,401
right at the bottom
of the canyon.
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00:00:35,469 --> 00:00:38,064
You can't tell, but it's
one mile, straight down.
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A fantastic view.
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You could tell me they had
Keanu Reeves naked down there,
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you'd never get me to sit
10 hours on a dumb mule.
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00:00:45,679 --> 00:00:48,148
Officer, please,
I need your help.
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00:00:48,215 --> 00:00:50,650
It's my daughter, she's gone.
I don't know how it happened.
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00:00:50,717 --> 00:00:52,095
All right. Just calm
down. She's just a baby.
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00:00:52,119 --> 00:00:55,055
Somebody stole my
baby. It was over here.
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00:00:56,957 --> 00:01:00,291
Emily's only three months old.
She can't do anything for herself.
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You carry a picture of her? No.
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00:01:02,329 --> 00:01:06,266
My wife, but she's at the doctor's
office. I just sat down for a minute.
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00:01:07,267 --> 00:01:09,998
Was the baby in a
stroller? No, it was a...
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00:01:10,070 --> 00:01:12,369
She was in a backpack thing.
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I set her down on
the bench next to me.
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00:01:14,541 --> 00:01:18,740
What color was the backpack?
Blue with white and little letters.
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00:01:19,212 --> 00:01:21,772
I told the officers,
I dozed off.
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But it was only like five minutes, and
I wake up and the backpack is gone.
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Did you see anybody hanging
around, anybody following you?
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00:01:28,622 --> 00:01:30,454
No. No. I didn't notice anybody.
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00:01:30,524 --> 00:01:33,289
Okay, Mr. Willach, just sit tight
for a minute. I'll be right back.
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00:01:33,360 --> 00:01:36,819
We've got people at all the
entrances. Canine units are on the way.
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Did he see anything? No.
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Poor guy closes his eyes
for two minutes, bang.
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00:01:41,001 --> 00:01:42,469
Detective Logan.
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00:01:42,536 --> 00:01:45,481
This lady says she saw some guy
hanging around the playground this morning.
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00:01:45,505 --> 00:01:48,031
A bald man, over
there, two hours ago.
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Taking pictures of kids
with a camera he's got.
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00:01:49,776 --> 00:01:50,971
I seen him around before.
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00:01:51,044 --> 00:01:52,103
So where did he go?
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00:01:52,179 --> 00:01:53,356
He went away. I
don't know where.
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00:01:53,380 --> 00:01:55,872
All right, I'm gonna put you
together with a sketch artist,
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00:01:55,949 --> 00:01:58,361
and you're gonna help him draw
a picture of this bald man, okay?
46
00:01:58,385 --> 00:02:00,945
Okay. I thought this thing
only happens in my country.
47
00:02:01,021 --> 00:02:03,183
What are you talking about?
Guatemala. You don't know?
48
00:02:03,256 --> 00:02:04,588
It was all over the TV.
49
00:02:04,658 --> 00:02:07,253
They steal the
babies for their organs.
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She has the bluest eyes.
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00:03:00,714 --> 00:03:03,760
Does this kind of thing happen a lot
here? I mean, with so many people around.
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00:03:03,784 --> 00:03:06,879
Oh, you're not from around
here? We just moved to 94th Street
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00:03:06,953 --> 00:03:08,833
from Edison, New Jersey.
What are we doing here?
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00:03:09,089 --> 00:03:11,388
We're not doing any good
just sitting here talking.
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00:03:11,558 --> 00:03:14,255
Mrs. Willach, we have a lot of
people out looking for your daughter.
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00:03:14,327 --> 00:03:16,626
Oh, God, why is this
happening to me?
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00:03:17,130 --> 00:03:19,929
I should never have gone to the
doctor's. I should have stayed home.
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00:03:20,000 --> 00:03:22,401
It's my fault. If I hadn't
sat down, everything...
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00:03:22,469 --> 00:03:24,904
BRISCOE: Hey, nobody
blames you for sitting down.
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00:03:24,971 --> 00:03:27,907
You walked all the way to
Heckscher playground from 94th Street.
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00:03:30,977 --> 00:03:33,845
We got a nanny in the park who
saw this man near the playground.
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00:03:34,581 --> 00:03:37,210
Did you see anyone even
slightly resembling this man?
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00:03:37,384 --> 00:03:41,788
No, I was only paying
attention to Emily.
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00:03:43,857 --> 00:03:46,417
I mean... BRISCOE:
That's okay. We understand.
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00:03:46,827 --> 00:03:49,661
Whenever you want to talk to us,
you just call this number, all right?
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00:03:50,731 --> 00:03:55,431
We know how tough this is.
Thank you, Officer. Please, find her.
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00:03:58,538 --> 00:04:02,339
They always come up with a new
angle. "Help me find my lost dog."
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00:04:02,409 --> 00:04:06,005
"Let me take your picture." Anything
that gets them up close to the kids.
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00:04:06,079 --> 00:04:08,310
Yeah. Well, we've got
Profaci checking on arrests
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00:04:08,381 --> 00:04:10,111
in the park for the
past six months.
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00:04:10,183 --> 00:04:13,244
Have him pull the conditions
reports from the local precinct.
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00:04:13,320 --> 00:04:16,620
Maybe somebody's complained
about this "gentleman" before.
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00:04:16,690 --> 00:04:20,718
You know, for what it's worth, the
nanny mentioned something about kids
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00:04:20,794 --> 00:04:24,231
being snatched for their organs.
Yeah. Right, in Guatemala.
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00:04:24,531 --> 00:04:26,432
But around here, the
big money's in adoption.
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00:04:26,500 --> 00:04:30,301
Nice white baby girl, could be
some rich yuppie couple's dream child.
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00:04:30,370 --> 00:04:34,000
Look, I don't care if this
child was beamed up by E.T.
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00:04:34,074 --> 00:04:37,044
Let's just find her before she's
old enough to go to kindergarten.
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00:04:37,310 --> 00:04:40,678
Head back to the playground. Word
gets around about creeps like this.
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00:04:42,783 --> 00:04:44,718
(CHILDREN CHATTERING)
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00:04:44,785 --> 00:04:48,153
Looks like a guy I once
married. Thank God he's dead.
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00:04:48,355 --> 00:04:49,448
Anybody else?
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00:04:51,525 --> 00:04:54,051
Did he have a camera
with him? That's the guy.
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00:04:54,127 --> 00:04:57,689
He was over at Riverside Park a couple
of months ago. Wouldn't leave us alone.
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00:04:57,931 --> 00:05:01,265
He was there every day for a week.
I complained about him to a cop.
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00:05:02,169 --> 00:05:03,169
And?
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00:05:03,436 --> 00:05:04,802
He finally gave
the guy a ticket.
88
00:05:05,272 --> 00:05:08,765
Afterwards, the cop told me there
wasn't even any film in the camera.
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00:05:08,842 --> 00:05:10,743
Do you happen to
remember what day that was?
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00:05:13,313 --> 00:05:15,714
Listen, I got no receipt,
but I paid that ticket.
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00:05:15,782 --> 00:05:18,047
We know you paid it,
like you paid the other two.
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00:05:18,251 --> 00:05:21,847
By the way, you like to
hang around playgrounds?
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00:05:22,255 --> 00:05:25,350
I like the fresh air. Speaking
of air, what's that smell?
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00:05:25,425 --> 00:05:26,425
What smell?
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00:05:27,727 --> 00:05:29,958
Oh, once you smell that,
you can never forget it.
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00:05:30,931 --> 00:05:33,731
There wouldn't by any chance be a
diaper in there, would there, Robert?
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00:05:34,701 --> 00:05:37,865
Hey, look, the diaper belongs to a
friend's kid. She was here yesterday.
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00:05:38,171 --> 00:05:40,197
I mean, is it a crime
to have dirty diapers?
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00:05:40,273 --> 00:05:42,401
Depends on what baby
crapped in his pants.
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00:05:42,843 --> 00:05:44,573
Where were you
this morning? Today?
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00:05:45,846 --> 00:05:49,078
Hey, I know what this is about.
It's that kid, the one on TV?
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00:05:49,149 --> 00:05:51,118
A witness puts you in
the park this morning.
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00:05:51,184 --> 00:05:54,154
Come on, I look like a
pervert? Kids are not my thing.
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00:05:54,221 --> 00:05:57,589
What is your
thing? Look, Officer,
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00:05:57,657 --> 00:05:59,523
I'm just a guy
trying to get busy.
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00:05:59,693 --> 00:06:03,391
There's a lot of lonely nannies
out there. I give them a line.
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00:06:03,463 --> 00:06:06,262
I'm a commercials agent
looking for kids, huh?
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00:06:06,333 --> 00:06:10,327
It's a gimmick, just to get
names and numbers. See?
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00:06:14,641 --> 00:06:17,702
You got all these from the
parks? Hey, this stuff works.
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00:06:18,311 --> 00:06:20,576
He has the girl's name,
number, everything.
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00:06:20,647 --> 00:06:23,014
He's in the clear as
far as this case goes.
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00:06:23,416 --> 00:06:26,511
Profaci worked up a list of
possibles from the precinct reports.
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00:06:26,586 --> 00:06:30,045
There's droolers, flashers,
junkies, chicken hawks...
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00:06:30,190 --> 00:06:31,624
Little something for everybody?
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00:06:32,058 --> 00:06:34,186
It's nice to see the
public getting into the act.
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00:06:34,261 --> 00:06:36,696
We've got baby sightings
in all five boroughs,
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00:06:37,030 --> 00:06:39,625
including eight from our
friendly neighborhood psychics.
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00:06:39,799 --> 00:06:42,769
Divvy them up with Profaci,
Vosko and McBroom.
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00:06:42,836 --> 00:06:44,498
I want every lead followed up.
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00:06:44,571 --> 00:06:47,131
It might be a good idea to have
another talk with this Willach.
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00:06:47,207 --> 00:06:48,584
He was a little
sketchy this morning.
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00:06:48,608 --> 00:06:50,453
But I might be able to get
a little more out of him now.
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00:06:50,477 --> 00:06:51,877
(PHONE RINGING)
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00:06:51,945 --> 00:06:53,072
Van Buren.
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00:06:55,382 --> 00:06:58,443
They'll be right down. The
search teams found something.
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00:06:58,985 --> 00:07:01,921
It was in the bushes near
the park entrance at 93rd.
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00:07:02,589 --> 00:07:03,887
It's practically brand new.
128
00:07:04,557 --> 00:07:07,459
The only fresh prints on
it belong to Martin Willach.
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00:07:08,194 --> 00:07:10,459
He was fingerprinted when
he was bonded for his job.
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00:07:11,398 --> 00:07:13,060
I guess the perp
could have worn gloves.
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00:07:14,167 --> 00:07:16,966
Right. He runs across
the park, tosses this thing,
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00:07:17,037 --> 00:07:18,300
then puts the kid under his arm
133
00:07:18,371 --> 00:07:20,772
like a loaf of bread. Okay.
134
00:07:21,608 --> 00:07:23,304
The baby never
made it out of the park.
135
00:07:23,877 --> 00:07:26,073
I'm thinking she never
made it into the park.
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00:07:27,414 --> 00:07:30,316
Wait a second. Willach
lives on 94th Street.
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00:07:30,383 --> 00:07:34,411
He enters the park at 93rd and walks
right past where this thing was found.
138
00:07:35,021 --> 00:07:36,546
You think that guy's capable?
139
00:07:36,856 --> 00:07:39,655
Hey, you never lost a
night's sleep to a crying baby.
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00:07:42,829 --> 00:07:43,853
MAN: Yo!
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00:07:43,930 --> 00:07:46,900
This is not a public place.
Reporters aren't welcome here.
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00:07:46,967 --> 00:07:50,665
Yo. Police. We're
looking for Marty Willach.
143
00:07:50,971 --> 00:07:52,530
Oh, I'm sorry.
144
00:07:52,605 --> 00:07:55,302
Him and his wife went across
the street with some friends.
145
00:07:55,775 --> 00:07:57,586
Reporters have been
bugging the hell out of them.
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00:07:57,610 --> 00:08:00,130
Were you here this morning when
Marty took his baby to the park?
147
00:08:00,246 --> 00:08:02,374
Yeah, I was here,
but I didn't see Willach.
148
00:08:02,449 --> 00:08:05,180
Anyway, the stroller
was here all day.
149
00:08:05,618 --> 00:08:07,678
That's what they push
the baby around in? Yeah.
150
00:08:07,754 --> 00:08:09,916
I hear the chain rattle
every time they take it out.
151
00:08:10,590 --> 00:08:13,992
They always keep it here? Well, I
tell him to keep it in his apartment,
152
00:08:14,060 --> 00:08:17,006
but, you know, Marty told me he doesn't
want to carry it up and down the stairs.
153
00:08:17,030 --> 00:08:19,625
He's got a bad back
from lifting cartons all day.
154
00:08:19,966 --> 00:08:21,332
(PHONE RINGING)
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00:08:21,401 --> 00:08:22,562
I gotta get that.
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00:08:25,338 --> 00:08:28,672
He's got a bad back, but today
he carries the kid 30 blocks
157
00:08:28,742 --> 00:08:30,233
in a brand-new backpack?
158
00:08:30,710 --> 00:08:33,839
Carrying an empty backpack
under his arm's a lot less obvious
159
00:08:33,913 --> 00:08:36,109
than pushing an empty
stroller down the street.
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00:08:38,385 --> 00:08:40,718
You're gonna talk to us,
Marty. You're gonna tell us
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00:08:40,787 --> 00:08:43,484
what happened to your baby
girl. I told you. Somebody took her.
162
00:08:43,556 --> 00:08:46,048
You're a liar. You tried to make
it look like someone took her.
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00:08:46,126 --> 00:08:47,788
That's why you
ditched this. Mike.
164
00:08:47,927 --> 00:08:49,020
Right, Marty? Mike!
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00:08:49,095 --> 00:08:50,427
Right? Back off!
166
00:08:50,663 --> 00:08:52,564
Come on. Go get a
cup of coffee, will you?
167
00:09:01,841 --> 00:09:02,841
(SIGHING)
168
00:09:03,043 --> 00:09:06,707
Marty, we got this guy, this
camera bug. Remember?
169
00:09:06,813 --> 00:09:10,875
The bald guy in the sketch.
Some people put him in the park
170
00:09:10,950 --> 00:09:12,612
right about when
you fell asleep.
171
00:09:13,820 --> 00:09:18,155
We can convict him, easy.
Kidnapping. It's a life sentence.
172
00:09:19,426 --> 00:09:22,760
Now, do you think
that's right, Marty?
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00:09:22,829 --> 00:09:25,230
For us to put this
guy away for life?
174
00:09:25,932 --> 00:09:27,332
I told you, I never saw the guy.
175
00:09:28,134 --> 00:09:30,763
But you know for a
fact he didn't take Emily.
176
00:09:31,738 --> 00:09:32,831
Because you know the truth.
177
00:09:34,474 --> 00:09:38,206
Marty, we all try to hide
from the stupid things we do.
178
00:09:38,645 --> 00:09:41,638
I mean, things we shouldn't
do, that we didn't mean to do.
179
00:09:42,582 --> 00:09:45,347
You're trying to make me
say I killed my own daughter?
180
00:09:46,219 --> 00:09:49,314
I don't want you to say anything
but the God's-honest truth.
181
00:09:51,257 --> 00:09:55,251
Marty, I know what it's like
being a father. I have two girls.
182
00:09:55,895 --> 00:09:58,990
When they were little there were
times when the only thing in the world
183
00:09:59,065 --> 00:10:02,968
I wanted was for them to shut
up and get the hell away from me.
184
00:10:03,036 --> 00:10:04,036
But they didn't.
185
00:10:04,104 --> 00:10:06,699
They never did. They were
always there, screaming, crying.
186
00:10:06,773 --> 00:10:08,071
Emily wasn't like that.
187
00:10:09,976 --> 00:10:13,674
She was never in the way?
She was never once like that.
188
00:10:16,082 --> 00:10:17,243
So how did this happen?
189
00:10:21,721 --> 00:10:22,848
Somebody took her.
190
00:10:25,592 --> 00:10:26,651
Right.
191
00:10:29,562 --> 00:10:34,193
You know, Marty, I'll bet your life was
really nice before Emily came along.
192
00:10:34,267 --> 00:10:36,862
I know my marriage was
perfect before we had kids.
193
00:10:37,470 --> 00:10:40,736
Our marriage is
still perfect. Yeah.
194
00:10:41,007 --> 00:10:43,306
But you have to stay
home with the baby, right?
195
00:10:43,643 --> 00:10:46,807
What was she, teething?
Crying a whole lot? I mean,
196
00:10:47,080 --> 00:10:51,074
so you lose your temper. You
shake her a little bit too hard.
197
00:10:51,184 --> 00:10:53,949
You didn't know, she's
just a delicate little thing.
198
00:10:54,020 --> 00:10:57,149
I wouldn't do
that. I love Emily.
199
00:10:59,826 --> 00:11:02,921
And you're gonna let
her just disappear forever?
200
00:11:03,963 --> 00:11:07,127
Like she was never
here? A nobody?
201
00:11:09,869 --> 00:11:13,704
Marty, she's your
daughter, and you loved her.
202
00:11:14,941 --> 00:11:17,274
But she deserves better
than this, am I right?
203
00:11:18,811 --> 00:11:20,677
Marty, am I right?
204
00:11:23,183 --> 00:11:27,052
There's a place by the Hudson
River, just down the street.
205
00:11:28,388 --> 00:11:31,483
We'd take Emily
there to just sit,
206
00:11:32,825 --> 00:11:35,021
watch the sun set
over New Jersey.
207
00:11:38,865 --> 00:11:42,563
Now you're being a good
father for telling us the truth.
208
00:11:49,442 --> 00:11:50,466
Son of a bitch.
209
00:11:57,317 --> 00:11:59,445
(POLICE RADIO CHATTERING)
210
00:12:02,255 --> 00:12:03,348
MAN: We got something here.
211
00:12:07,327 --> 00:12:08,327
Pull it.
212
00:12:33,853 --> 00:12:36,015
From the amount of congestion
on the brain and lungs,
213
00:12:36,122 --> 00:12:37,954
I'd say this baby
died from asphyxia.
214
00:12:38,625 --> 00:12:42,118
No marks or bruises on the throat.
She could have been smothered,
215
00:12:42,262 --> 00:12:44,094
or she could have
died naturally.
216
00:12:44,597 --> 00:12:46,429
You mean like crib
death? It's possible.
217
00:12:47,700 --> 00:12:50,431
Were there marks anywhere
on the body? Not even a rash.
218
00:12:51,037 --> 00:12:54,201
The baby was clean, well-fed
and wearing a new diaper.
219
00:12:54,707 --> 00:12:57,404
Everything Dr. Spock says
you should do for a baby.
220
00:12:57,477 --> 00:13:00,106
Yeah. I guess I skipped the part
about stuffing them in a cooler.
221
00:13:00,647 --> 00:13:03,811
She was wrapped in satin
bedding. This was around her neck.
222
00:13:04,417 --> 00:13:05,976
And this was next to her.
223
00:13:07,053 --> 00:13:09,921
I didn't kill her.
She died in her crib.
224
00:13:10,490 --> 00:13:14,359
Emily was sick a lot. Eileen was
always taking her to Mount Sinai.
225
00:13:14,427 --> 00:13:17,420
And then yesterday,
when we got up at 5:00,
226
00:13:17,497 --> 00:13:20,695
she was just lying
there, on her stomach.
227
00:13:20,833 --> 00:13:21,960
She was dead.
228
00:13:22,235 --> 00:13:25,831
How did you know? You a
doctor? She was ice cold.
229
00:13:25,905 --> 00:13:27,601
And you don't call
anybody for help?
230
00:13:27,974 --> 00:13:30,307
We were going crazy!
I mean, anybody would
231
00:13:30,376 --> 00:13:31,901
if they found their
little girl dead.
232
00:13:31,978 --> 00:13:34,880
Not everybody goes out first
thing looking for an ice chest.
233
00:13:36,115 --> 00:13:39,176
You don't understand.
I did it for Eileen.
234
00:13:39,986 --> 00:13:41,284
I had to protect her.
235
00:13:42,021 --> 00:13:44,616
Marty was worried about
what people would say.
236
00:13:45,158 --> 00:13:47,093
I've seen it happen
with other parents.
237
00:13:47,960 --> 00:13:52,989
A baby dies like that, all of a
sudden, in her crib. There's always talk.
238
00:13:53,933 --> 00:13:56,164
You don't know how
cruel people can be.
239
00:13:56,836 --> 00:13:59,567
Believe me, I'm
getting an education.
240
00:14:00,940 --> 00:14:03,967
Listen to you. There's
never any sympathy.
241
00:14:04,177 --> 00:14:06,408
You're saying people
would blame you for this?
242
00:14:06,646 --> 00:14:10,583
Oh, I know for a fact that they
would, especially our families.
243
00:14:11,384 --> 00:14:15,014
They blame me for
everything. Explain that to me.
244
00:14:17,690 --> 00:14:23,129
Once, a bottle I was sterilizing
exploded in boiling water.
245
00:14:23,863 --> 00:14:25,126
Glass everywhere.
246
00:14:26,499 --> 00:14:27,626
They blamed me.
247
00:14:30,403 --> 00:14:34,738
The worst things happen
to me. They always do.
248
00:14:37,810 --> 00:14:38,810
Whoa.
249
00:14:39,312 --> 00:14:41,508
This lady is on
a different planet.
250
00:14:42,715 --> 00:14:45,048
She is more concerned
about what's happening to her
251
00:14:45,118 --> 00:14:46,552
than what happened to her baby.
252
00:14:46,719 --> 00:14:50,781
And yet the ME finds no evidence this
child was murdered or even neglected.
253
00:14:51,324 --> 00:14:52,587
So what do you wanna do?
254
00:14:53,559 --> 00:14:56,723
Cite the Willachs for failure to obtain
a burial permit and send them home?
255
00:14:56,796 --> 00:14:59,766
I'm saying there are more
wrongs than rights with your picture.
256
00:14:59,866 --> 00:15:03,234
I've seen babies abused
to death by crazed mothers,
257
00:15:03,336 --> 00:15:05,703
and this child doesn't look
like one of those babies.
258
00:15:05,772 --> 00:15:07,001
She's just as dead.
259
00:15:07,306 --> 00:15:09,036
Look, if Mom is feeling guilty,
260
00:15:09,108 --> 00:15:10,770
maybe that should
tell us something.
261
00:15:10,843 --> 00:15:12,778
Hey, crib deaths happen, Mike.
262
00:15:12,912 --> 00:15:15,279
If it was my kid, maybe
I'd feel guilty about it.
263
00:15:15,348 --> 00:15:17,874
And naturally, you'd grab a
shovel and head to Riverside Park?
264
00:15:19,118 --> 00:15:21,451
Come on, you guys are the
mommies and daddies here.
265
00:15:21,821 --> 00:15:25,087
If you found your kid like that,
wouldn't you rush him to the hospital
266
00:15:25,158 --> 00:15:26,751
in the middle of a
damn snowstorm?
267
00:15:28,961 --> 00:15:32,295
All right. The child was
a regular at Mount Sinai?
268
00:15:32,498 --> 00:15:33,625
Start there.
269
00:15:34,033 --> 00:15:35,968
WOMAN ON PA: Dr. Morgan,
please pick up line two.
270
00:15:36,035 --> 00:15:38,061
Eileen Willach brought
her daughter in eight times.
271
00:15:38,137 --> 00:15:40,106
Low-grade fever,
irregular breathing.
272
00:15:40,173 --> 00:15:41,869
But there was nothing
wrong we could find.
273
00:15:41,941 --> 00:15:44,253
Her biggest complaint was
that her baby cried all the time.
274
00:15:44,277 --> 00:15:47,145
I told her that's what babies do.
Well, maybe this one had a reason.
275
00:15:47,747 --> 00:15:49,375
Like an over-anxious parent?
276
00:15:49,849 --> 00:15:52,842
We get our share coming in with
all sorts of imaginary complaints.
277
00:15:53,619 --> 00:15:55,281
All they really want
is a pat on the head,
278
00:15:55,354 --> 00:15:57,152
someone to tell them
they're doing just fine.
279
00:15:57,223 --> 00:16:00,216
A lot of them complain about their
kid's imaginary breathing problems?
280
00:16:00,293 --> 00:16:04,196
We did full work-ups on that child.
She diagnosed healthy every time.
281
00:16:04,397 --> 00:16:06,992
Did you ever discuss it with
the Willachs' regular baby doctor?
282
00:16:07,266 --> 00:16:08,393
I didn't see the point.
283
00:16:08,634 --> 00:16:11,570
Well, maybe we'll take him up on it.
Can you give me his name and address?
284
00:16:11,938 --> 00:16:14,999
It's a Dr. Henry Royce,
in Edison. Edison?
285
00:16:15,308 --> 00:16:17,868
They live in New York but their
pediatrician's in New Jersey?
286
00:16:17,944 --> 00:16:20,641
Mrs. Willach said she hadn't had
time to find somebody new here.
287
00:16:20,780 --> 00:16:22,580
Royce used to take
care of her other children.
288
00:16:25,718 --> 00:16:29,655
I was concerned that might happen.
Crib death. Same as their other children.
289
00:16:29,922 --> 00:16:31,447
They're dead, too? Yes.
290
00:16:31,757 --> 00:16:34,192
Daniel at five months and
Caroline at three months.
291
00:16:34,260 --> 00:16:38,197
Excuse me, Doc, but three kids
sounds a little more like crib homicide.
292
00:16:38,598 --> 00:16:40,931
I made a thorough
examination of the children.
293
00:16:41,067 --> 00:16:43,195
They showed high
levels of blood ammonia.
294
00:16:43,669 --> 00:16:46,571
This suggested to me they had
an inherited metabolic disorder
295
00:16:46,639 --> 00:16:48,107
that could result
in sudden death.
296
00:16:48,174 --> 00:16:50,200
So they died of some
genetic disease?
297
00:16:50,276 --> 00:16:52,677
In layman's terms, you could
say they carried a death gene
298
00:16:52,745 --> 00:16:54,145
inherited from their parents.
299
00:16:54,213 --> 00:16:57,206
Well, if kids are so important to
them, why not just adopt healthy ones?
300
00:16:57,283 --> 00:17:02,187
I thought they had. Kings
County Child Services.
301
00:17:02,321 --> 00:17:03,812
They asked me for my opinion.
302
00:17:05,892 --> 00:17:08,293
I highly recommended
Eileen and Marty.
303
00:17:10,696 --> 00:17:15,327
Gary was 18 months old. Mrs. Willach
practically begged to have a child.
304
00:17:15,434 --> 00:17:17,494
So anybody begs for a
kid, you give them one?
305
00:17:17,570 --> 00:17:19,630
Even when their own two
kids died in their sleep?
306
00:17:19,705 --> 00:17:21,765
Oh, no. The doctor said
they died of crib death.
307
00:17:21,841 --> 00:17:25,209
Every required precaution was
taken. Well, what about little Gary?
308
00:17:25,278 --> 00:17:28,976
The Willachs just didn't take to him?
Well, we removed him from their care.
309
00:17:29,048 --> 00:17:32,075
Nothing was proven,
but... But what?
310
00:17:32,485 --> 00:17:34,954
Well, there was an
allegation of abuse.
311
00:17:35,321 --> 00:17:38,814
Mrs. Willach took Gary to the
hospital a half a dozen times.
312
00:17:39,025 --> 00:17:42,553
You know, allergies he didn't
suffer from, fevers he didn't have.
313
00:17:42,628 --> 00:17:45,257
A parent who worries
about her child's health.
314
00:17:45,331 --> 00:17:46,731
That doesn't sound abusive.
315
00:17:46,799 --> 00:17:49,598
Well, one day she brought
him in with respiratory distress.
316
00:17:49,969 --> 00:17:51,437
He had to be resuscitated.
317
00:17:52,104 --> 00:17:53,834
The doctor said that
he thought he saw...
318
00:17:55,675 --> 00:17:57,303
I shouldn't be telling you this,
319
00:17:58,878 --> 00:18:01,848
but he said he thought he saw
signs that Gary had been suffocated.
320
00:18:02,748 --> 00:18:04,546
That's all I can
say. I am sorry.
321
00:18:06,285 --> 00:18:08,584
Four kids with
breathing problems.
322
00:18:08,654 --> 00:18:10,885
And one of them a foster child.
323
00:18:11,190 --> 00:18:14,456
I wonder how he got the
death gene? Off a doorknob?
324
00:18:18,431 --> 00:18:19,899
EILEEN: This is so unfair.
325
00:18:20,132 --> 00:18:23,591
My baby's dead, and you
keep asking me these questions.
326
00:18:23,703 --> 00:18:27,765
I understand the pain you're
in. You've lost three babies.
327
00:18:27,940 --> 00:18:30,876
It's in our blood. That's
what our doctor said.
328
00:18:31,177 --> 00:18:33,203
Our genes kill our babies.
329
00:18:34,614 --> 00:18:37,709
That's why you got Gary
from the foster agency, right?
330
00:18:37,783 --> 00:18:40,309
Because your doctor said not
to have any more of your own?
331
00:18:41,821 --> 00:18:43,949
But the foster agency
took Gary away.
332
00:18:45,491 --> 00:18:49,792
There was something wrong
with him. Breathing problems, right?
333
00:18:50,563 --> 00:18:51,826
Same as your own children.
334
00:18:53,165 --> 00:18:55,862
Were you alone with Gary
when he got this problem?
335
00:18:59,405 --> 00:19:04,070
I did the best I could. I
went to the hospital with him.
336
00:19:04,143 --> 00:19:06,169
I saved his life.
337
00:19:06,946 --> 00:19:08,642
You did what any
good mother would do.
338
00:19:11,350 --> 00:19:14,514
I'm not a good mother.
Why do you say that?
339
00:19:17,256 --> 00:19:19,816
My babies cry all the time.
340
00:19:20,493 --> 00:19:23,019
Other people's babies don't cry.
341
00:19:25,531 --> 00:19:27,898
What did you do when
your babies cried?
342
00:19:37,276 --> 00:19:39,006
I want to go to the bathroom.
343
00:19:45,451 --> 00:19:47,079
If you want, we
can take a break.
344
00:19:49,288 --> 00:19:50,654
Wanna take a break, Marty?
345
00:19:53,859 --> 00:19:54,952
Maybe you're right.
346
00:19:57,563 --> 00:19:59,293
Let's go over it one more time.
347
00:20:02,501 --> 00:20:04,970
Three babies died
because of bad genes.
348
00:20:07,073 --> 00:20:08,974
What about that foster baby?
349
00:20:10,342 --> 00:20:12,607
That's the one I
have a problem with.
350
00:20:12,678 --> 00:20:14,670
Don't you have a
problem with that, Marty?
351
00:20:16,482 --> 00:20:19,281
What the hell does that mean? Is
that a "yes" shrug or a "no" shrug?
352
00:20:21,520 --> 00:20:22,520
It's nothing.
353
00:20:26,325 --> 00:20:30,592
Don't snow me, Marty.
You're a very smart man.
354
00:20:31,897 --> 00:20:34,162
You know Eileen
was alone with Gary.
355
00:20:35,568 --> 00:20:38,834
You must have thought
about it. People have thoughts.
356
00:20:39,538 --> 00:20:41,097
I think about
winning the lottery.
357
00:20:41,173 --> 00:20:43,733
I think about quitting
my job. So what?
358
00:20:43,809 --> 00:20:45,505
It's just thinking.
359
00:20:45,578 --> 00:20:48,912
The way it works between us
is I'm gonna tell you what I think
360
00:20:49,348 --> 00:20:51,010
and you're gonna
tell me what you think.
361
00:20:51,083 --> 00:20:53,143
Everybody thinks Eileen
did something to them.
362
00:20:53,652 --> 00:20:56,019
But what do they know? Nothing.
363
00:20:56,722 --> 00:21:01,820
All I'm asking you
is what you think.
364
00:21:03,696 --> 00:21:07,758
Isn't it possible
Eileen did something?
365
00:21:15,141 --> 00:21:16,370
It's possible.
366
00:21:19,578 --> 00:21:21,945
Nobody appreciates
what it's like.
367
00:21:23,182 --> 00:21:26,983
After you give birth, they
all come and visit you.
368
00:21:28,387 --> 00:21:30,185
They're all so proud of you.
369
00:21:31,223 --> 00:21:36,491
But after a while, they stop
coming. And Marty, he goes to work,
370
00:21:36,562 --> 00:21:40,761
and he comes home tired.
And I'm left with nothing.
371
00:21:45,938 --> 00:21:50,740
Eileen, I know you're
a very religious person.
372
00:21:51,877 --> 00:21:54,176
I saw the crucifix
you put on Emily,
373
00:21:54,246 --> 00:21:55,908
and you told me
you go to church.
374
00:21:55,981 --> 00:21:57,506
Yes. Every week.
375
00:21:58,651 --> 00:22:02,281
Don't you ever ask why God
keeps taking your babies?
376
00:22:03,355 --> 00:22:06,382
I don't blame God. Why not?
377
00:22:07,159 --> 00:22:11,119
If something is wrong with your
children, it must be his fault, right?
378
00:22:12,932 --> 00:22:14,161
Then whose fault is it?
379
00:22:14,867 --> 00:22:17,894
Because people are gonna
blame God for what's happened.
380
00:22:25,911 --> 00:22:27,379
I didn't kill them.
381
00:22:28,614 --> 00:22:31,448
Can't you see how
this all hurts me?
382
00:22:32,618 --> 00:22:37,488
All of my babies die and
nobody understands me!
383
00:22:42,194 --> 00:22:44,857
As far as the wife goes, I don't
know what we're dealing with here.
384
00:22:45,064 --> 00:22:47,158
Maybe if you leaned a
little harder on the husband?
385
00:22:47,466 --> 00:22:50,630
Hey, it took four hours
just to get him to say
386
00:22:50,703 --> 00:22:52,331
he thinks she
might have done it.
387
00:22:52,404 --> 00:22:55,340
Claire, three suspicious
deaths, a cover-up,
388
00:22:55,407 --> 00:22:58,172
one child nearly
strangled to death.
389
00:22:58,244 --> 00:23:00,873
Child services could've
pursued that case, and they didn't.
390
00:23:01,013 --> 00:23:04,006
They weren't dealing with
a dead baby in a cooler.
391
00:23:04,083 --> 00:23:08,350
A child our own medical examiner
says was neither abused nor injured.
392
00:23:08,587 --> 00:23:10,385
She can't even tell
us how she died.
393
00:23:10,456 --> 00:23:12,755
You wanna let them
walk, it's up to you.
394
00:23:13,359 --> 00:23:15,692
They'll just hitch up the
U-Haul and hit the road,
395
00:23:15,761 --> 00:23:18,663
same as they did every time one
of their kids got a medical problem.
396
00:23:20,799 --> 00:23:24,361
Yeah. Let the next dead kid
be some other DA's headache.
397
00:23:27,873 --> 00:23:30,240
All right. I'll make it work.
398
00:23:39,351 --> 00:23:43,152
Eileen needs a diet soda. Then we'd
like to go. We've been in here all night.
399
00:23:43,222 --> 00:23:45,834
Eileen Willach, you're under arrest
for the murder of Emily Willach.
400
00:23:45,858 --> 00:23:47,736
Murder? This is ridiculous!
You have the right to remain...
401
00:23:47,760 --> 00:23:50,038
Martin Willach, you're under
arrest for hindering prosecution.
402
00:23:50,062 --> 00:23:53,123
You have the right to remain silent.
Anything you say can and will be used...
403
00:23:53,966 --> 00:23:56,401
The judge released the Willachs
on their own recognizance.
404
00:23:56,702 --> 00:24:00,139
He wasn't impressed that the ME
hasn't made a finding as to cause of death.
405
00:24:00,306 --> 00:24:02,901
Three dead babies.
Three autopsies.
406
00:24:02,975 --> 00:24:05,206
Are we the only
ones calling it murder?
407
00:24:05,277 --> 00:24:07,508
If it's any comfort, the
tabloids are on our side.
408
00:24:07,780 --> 00:24:10,944
So far, we have "Mother
Death," "Cradle Killer"...
409
00:24:11,016 --> 00:24:14,384
You plan on presenting anything
more than headlines to the grand jury?
410
00:24:14,453 --> 00:24:16,854
The prior deaths and the
incident with the foster kid
411
00:24:16,922 --> 00:24:18,015
show a pattern of behavior.
412
00:24:18,090 --> 00:24:19,388
Or a run of bad luck.
413
00:24:19,892 --> 00:24:21,451
I'm beginning to
agree with the judge.
414
00:24:22,094 --> 00:24:26,794
Without a definite medical finding,
this murder charge is premature.
415
00:24:26,966 --> 00:24:31,631
I've talked to the ME. The problem is
it's not that hard to imitate crib death.
416
00:24:31,704 --> 00:24:34,173
There has to be an expert in
the field who can sort this out.
417
00:24:34,840 --> 00:24:39,642
Find one, before we send the
Willachs a six-figure apology.
418
00:24:44,083 --> 00:24:47,542
Your medical examiner's
right. Smothering an infant,
419
00:24:47,853 --> 00:24:50,721
for example with a pillow,
can mimic crib death.
420
00:24:51,156 --> 00:24:54,786
The only way to spot the difference
is by looking for what isn't there.
421
00:24:54,994 --> 00:24:57,554
Crib deaths leave a
telltale sign? Correct.
422
00:24:58,130 --> 00:25:00,895
When an infant is smothered,
there's no hemorrhaging,
423
00:25:01,066 --> 00:25:03,126
no marks on the body.
424
00:25:03,836 --> 00:25:07,068
I looked at the autopsy
reports for their first two babies.
425
00:25:07,706 --> 00:25:09,800
No marks were
found on them either.
426
00:25:09,875 --> 00:25:13,676
The Willach's pediatrician blamed
those deaths on a hereditary disease.
427
00:25:13,912 --> 00:25:17,314
Since both parents are
healthy, the gene, if it exists,
428
00:25:17,383 --> 00:25:19,011
would be recessive.
429
00:25:19,084 --> 00:25:21,781
Chances of a child inheriting
it would be one in four.
430
00:25:21,854 --> 00:25:25,723
And the chances of all
three children in one family?
431
00:25:25,858 --> 00:25:29,761
Statistically insignificant.
My report will cover that.
432
00:25:29,995 --> 00:25:32,123
If you can include
motive, we'd appreciate it.
433
00:25:32,197 --> 00:25:35,395
I can tell you how
that baby died, not why.
434
00:25:35,801 --> 00:25:38,396
But I'll refer you to
someone who can.
435
00:25:39,405 --> 00:25:44,343
The more you complain, the more
you exaggerate your small tragedies,
436
00:25:45,010 --> 00:25:46,638
the more attention you get.
437
00:25:47,212 --> 00:25:49,010
The squeaky wheel
gets the grease.
438
00:25:50,249 --> 00:25:55,085
That's the general idea. We refer
to it as Munchausen syndrome,
439
00:25:55,154 --> 00:25:58,784
after a German baron who
had a way of extorting money
440
00:25:58,857 --> 00:26:01,918
from people by plucking
their sympathetic heartstrings.
441
00:26:02,494 --> 00:26:06,124
Women like Eileen Willach
take it to its most extreme level.
442
00:26:06,398 --> 00:26:08,264
By killing their own children?
443
00:26:08,333 --> 00:26:10,768
Can you think of
a more pitiful figure
444
00:26:10,836 --> 00:26:13,169
than a mother who's
just lost her infant baby?
445
00:26:13,238 --> 00:26:16,470
All that compassion and
concern pouring out to her?
446
00:26:16,575 --> 00:26:18,305
Eileen fits this profile?
447
00:26:18,377 --> 00:26:21,279
Well, as far as I can infer
from the reports you sent me.
448
00:26:21,346 --> 00:26:23,781
There are the constant
visits to the emergency room,
449
00:26:23,849 --> 00:26:27,411
the phantom illnesses,
the pleas for attention.
450
00:26:27,753 --> 00:26:29,585
"The worst things happen to me."
451
00:26:29,655 --> 00:26:33,422
She's a sympathy junkie. She
needs to play the grieving mother.
452
00:26:33,592 --> 00:26:36,756
And once the grieving is over?
Oh, the world goes back to normal,
453
00:26:36,829 --> 00:26:39,025
and everyone forgets
about poor Eileen
454
00:26:39,898 --> 00:26:41,560
until the next baby dies.
455
00:26:45,737 --> 00:26:47,968
I don't really understand
what this is saying.
456
00:26:49,408 --> 00:26:52,469
Our pediatrician told
us it runs in our family.
457
00:26:53,178 --> 00:26:54,771
Your doctor made a mistake.
458
00:26:56,315 --> 00:26:59,080
We had specialists
check the autopsy report.
459
00:26:59,151 --> 00:27:01,382
They all reached
the same conclusion.
460
00:27:01,487 --> 00:27:03,456
Emily was smothered in her crib.
461
00:27:03,522 --> 00:27:05,081
Read your own report, McCoy.
462
00:27:05,257 --> 00:27:07,658
They said there was
only an 85% probability.
463
00:27:07,726 --> 00:27:09,661
Not when you consider
the previous deaths.
464
00:27:10,562 --> 00:27:13,361
Mr. Willach, we're prepared
to be lenient with you.
465
00:27:13,432 --> 00:27:15,458
But Eileen would
never hurt anyone.
466
00:27:15,534 --> 00:27:17,935
You told Detective
Logan it was possible.
467
00:27:18,003 --> 00:27:20,404
You're twisting my words.
I didn't say that at all.
468
00:27:20,472 --> 00:27:21,749
Come on, Marty.
We've heard enough.
469
00:27:21,773 --> 00:27:23,765
Ms. Brolin, is it obvious
to everyone but you
470
00:27:23,842 --> 00:27:25,453
that you've got a
conflict of interest here?
471
00:27:25,477 --> 00:27:28,675
Marty and Eileen want the
same thing, to be left alone,
472
00:27:28,747 --> 00:27:31,080
to get on with their lives.
If I were you, Mr. Willach,
473
00:27:31,150 --> 00:27:32,482
I'd find my own lawyer.
474
00:27:35,187 --> 00:27:40,455
No. Your doctors are wrong.
Eileen loved our babies.
475
00:27:44,596 --> 00:27:49,193
Always nice to find a fellow who says,
"Till death do us part," and means it.
476
00:27:50,402 --> 00:27:52,837
If those were my children,
I'd want that woman in prison.
477
00:27:53,071 --> 00:27:55,267
With a 15% chance
that she's innocent?
478
00:27:55,841 --> 00:27:57,969
I wouldn't tell that to
the next Mrs. McCoy.
479
00:28:00,379 --> 00:28:02,780
That leaves Dr. Webb and
the Munchausen syndrome.
480
00:28:03,015 --> 00:28:04,677
Munchausen shumpchausen.
481
00:28:05,150 --> 00:28:08,678
All the defense has to do is to
pack the courtroom with people
482
00:28:08,754 --> 00:28:12,850
who'll swear that Eileen
Willach was the ideal mother.
483
00:28:13,192 --> 00:28:15,992
JACK: There may be a few people
who won't show up on that witness list.
484
00:28:16,195 --> 00:28:20,360
Let's start with these two.
Howard and Theresa Tritch.
485
00:28:21,533 --> 00:28:23,297
Marty's sister
and brother-in-law.
486
00:28:24,403 --> 00:28:28,170
According to the baptism
certificates, they were the godparents
487
00:28:28,240 --> 00:28:29,572
for the first two Willach kids.
488
00:28:32,578 --> 00:28:35,013
I've been staying up
nights worrying about this.
489
00:28:35,480 --> 00:28:38,400
But if you didn't call, I probably
wouldn't have said anything to anybody.
490
00:28:39,551 --> 00:28:42,988
You think Eileen killed
Emily? She must have.
491
00:28:43,488 --> 00:28:45,184
I can't stand
thinking about this.
492
00:28:45,524 --> 00:28:49,620
On the phone, you said you suspected
Eileen since their second baby died.
493
00:28:49,962 --> 00:28:51,828
Yes. Caroline.
494
00:28:52,931 --> 00:28:54,923
I mean, it was
the way she acted.
495
00:28:55,200 --> 00:28:58,967
Like at the wake, she just
parked herself by the casket
496
00:28:59,037 --> 00:29:01,233
and sat there all
night, like a statue.
497
00:29:01,707 --> 00:29:04,643
The only time she cried was when
people stopped paying attention to her.
498
00:29:06,245 --> 00:29:08,441
Did you say anything
to your brother?
499
00:29:08,880 --> 00:29:11,281
He said Eileen
would straighten out.
500
00:29:11,350 --> 00:29:13,842
Look, Miss Kincaid,
he's a decent guy.
501
00:29:13,919 --> 00:29:16,821
He thought he would be a bachelor
his whole life until he met Eileen.
502
00:29:17,155 --> 00:29:19,920
I don't think he's even been
away from her for more than a day.
503
00:29:19,992 --> 00:29:22,894
And he's happy to keep
fathering children for Eileen to kill?
504
00:29:23,061 --> 00:29:27,021
No. After Caroline died, he
told me he wanted a vasectomy.
505
00:29:27,232 --> 00:29:30,794
He even saw a doctor about
it. Eileen talked him out of it?
506
00:29:31,870 --> 00:29:35,671
He found out that she called
a divorce lawyer and after that,
507
00:29:35,907 --> 00:29:38,001
I never heard
anything more about it.
508
00:29:39,511 --> 00:29:42,481
She just called her lawyer
to find out about adoptions.
509
00:29:42,914 --> 00:29:44,754
I don't know who told
you she wanted a divorce.
510
00:29:45,617 --> 00:29:48,883
And then, coincidentally, you
decided against a vasectomy?
511
00:29:50,322 --> 00:29:54,589
Look, you're wasting
your time talking to me.
512
00:29:54,660 --> 00:29:57,186
I've told you everything
I know. Mr. Willach,
513
00:29:59,431 --> 00:30:04,927
if we could talk to Daniel or
Caroline or Emily, we would.
514
00:30:07,939 --> 00:30:10,340
You're the only person alive who
knows what happened to them,
515
00:30:10,409 --> 00:30:11,502
aside from your wife.
516
00:30:15,714 --> 00:30:18,047
They just died. No.
517
00:30:19,618 --> 00:30:20,916
They didn't just die.
518
00:30:23,488 --> 00:30:26,014
Your wife held a pillow
over their faces. No.
519
00:30:26,992 --> 00:30:30,121
And because you're afraid of
her, their deaths go unpunished.
520
00:30:30,195 --> 00:30:33,791
I am not afraid of my wife.
She's important to me. I love her.
521
00:30:33,865 --> 00:30:36,266
And not them? You
didn't hold them,
522
00:30:36,468 --> 00:30:39,302
you didn't watch them
sleep, you didn't love them?
523
00:30:41,373 --> 00:30:42,466
Please, put them away.
524
00:30:42,908 --> 00:30:47,243
No, look at them, Mr. Willach.
Three beautiful babies.
525
00:30:49,815 --> 00:30:51,010
When is it gonna stop?
526
00:30:51,149 --> 00:30:54,051
She's got nobody else. You
don't understand about Eileen.
527
00:30:54,453 --> 00:30:59,391
She's always felt lonely. She told me
how her parents never gave her any love.
528
00:30:59,891 --> 00:31:01,757
These babies were
important to her.
529
00:31:02,494 --> 00:31:05,464
She'd dress them up.
She'd show them off.
530
00:31:06,698 --> 00:31:08,223
She got so much love from them.
531
00:31:14,973 --> 00:31:16,771
Eileen can't be
alone. She needs me.
532
00:31:18,143 --> 00:31:22,672
I'll be there for her,
Mr. McCoy, no matter what.
533
00:31:32,391 --> 00:31:34,485
You're more convinced
than ever that she's guilty,
534
00:31:35,026 --> 00:31:38,224
and you're no closer to proving
it. I don't call that progress.
535
00:31:38,497 --> 00:31:40,898
Maybe we don't have to
prove who smothered the baby.
536
00:31:40,966 --> 00:31:43,806
Maybe it's enough that they were
both in the apartment when it happened.
537
00:31:44,770 --> 00:31:46,238
We charge them both with murder?
538
00:31:46,304 --> 00:31:47,897
There's enough
guilt to go around.
539
00:31:48,440 --> 00:31:51,740
Willach stood by and did nothing
while his wife murdered their baby.
540
00:31:51,810 --> 00:31:52,903
The Joel Steinberg case.
541
00:31:52,978 --> 00:31:56,210
Parents have an affirmative duty
to act to save their children's lives.
542
00:31:56,281 --> 00:31:58,045
That's assuming
that the parent knows
543
00:31:58,116 --> 00:31:59,379
that the kid's in danger.
544
00:31:59,718 --> 00:32:02,187
You're not gonna charge Willach
for keeping his eyes closed.
545
00:32:02,254 --> 00:32:03,898
He knew what happened
to the first children.
546
00:32:03,922 --> 00:32:05,618
He knew what
happened to the foster kid.
547
00:32:06,425 --> 00:32:09,404
A jury would have to conclude that he
knew the same thing would happen to Emily.
548
00:32:09,428 --> 00:32:10,919
They'll conclude no such thing.
549
00:32:12,164 --> 00:32:16,727
No judge in his right mind will allow
a jury to hear about these prior acts.
550
00:32:16,802 --> 00:32:19,135
Adam, I'm trying
to stop a serial killer.
551
00:32:19,805 --> 00:32:22,116
But if you think I'm wasting
the resources of this office...
552
00:32:22,140 --> 00:32:25,975
If you believe that you
have a serial killer, go to trial.
553
00:32:27,446 --> 00:32:29,847
But don't expect it to be
a walk in the summer rain.
554
00:32:34,319 --> 00:32:37,221
The child would be
on its back, in its crib.
555
00:32:37,789 --> 00:32:41,385
The pillow was pressed
over its face, like this.
556
00:32:41,960 --> 00:32:44,896
JACK: For how long?
Minimum 20, 30 seconds.
557
00:32:45,363 --> 00:32:47,958
How much effort to smother
a three-month-old baby?
558
00:32:48,400 --> 00:32:51,928
Almost none. The weight of
the pillow does most of the work.
559
00:32:52,971 --> 00:32:54,234
One last question, Doctor.
560
00:32:54,606 --> 00:32:57,542
When a baby is dying of crib
death, does it make any noise?
561
00:32:57,909 --> 00:32:58,909
Normally, yes.
562
00:32:59,478 --> 00:33:01,947
As the child struggles
for breath it moves about.
563
00:33:03,215 --> 00:33:06,276
It's usually found dead pressed
against the side of the crib.
564
00:33:06,518 --> 00:33:07,518
Thank you, Doctor.
565
00:33:11,456 --> 00:33:16,759
Dr. Slavin, can there exist in
a child a genetic predisposition
566
00:33:16,828 --> 00:33:18,091
for a form of crib death?
567
00:33:18,497 --> 00:33:21,194
I suppose it's possible
if we're talking about
568
00:33:21,266 --> 00:33:23,394
a single individual
member of a family.
569
00:33:23,468 --> 00:33:25,630
We are talking only
about Emily Willach.
570
00:33:26,471 --> 00:33:29,100
Did you examine her
remains for this possibility?
571
00:33:29,174 --> 00:33:31,507
No, I didn't. Thank you.
572
00:33:33,011 --> 00:33:36,379
After Eileen gave her a
bottle, we went back to sleep.
573
00:33:37,916 --> 00:33:41,717
Then I got up to go to the
bathroom. I don't know what time.
574
00:33:42,254 --> 00:33:44,485
I was gone maybe five minutes.
575
00:33:44,723 --> 00:33:46,783
Did you happen to see
if Emily was all right?
576
00:33:46,958 --> 00:33:49,257
No. Her crib's on the
other side of the bed.
577
00:33:50,562 --> 00:33:55,125
But she wasn't crying or anything
like that. I thought everything was fine.
578
00:33:55,433 --> 00:33:58,267
I went back to bed. And
then what happened?
579
00:33:59,037 --> 00:34:01,233
Eileen got up to
get a glass of water.
580
00:34:01,806 --> 00:34:06,107
Next thing, we
woke up about 5:00.
581
00:34:08,246 --> 00:34:10,738
That's when we
realized Emily was dead.
582
00:34:12,784 --> 00:34:16,277
And what did you do? There
was nothing we could do.
583
00:34:18,056 --> 00:34:22,050
I decided we should just bury her
and pretend that somebody stole her.
584
00:34:23,161 --> 00:34:25,323
I was just trying to
spare my wife's feelings.
585
00:34:25,764 --> 00:34:26,764
Thank you.
586
00:34:30,001 --> 00:34:34,530
Just so the jury understands
how you disposed of Emily's body,
587
00:34:37,409 --> 00:34:42,040
you put her in this $20
cooler, correct? Yes.
588
00:34:42,113 --> 00:34:44,139
And then, while it
was still dark out,
589
00:34:44,683 --> 00:34:46,709
you dug a hole in the ground
590
00:34:46,785 --> 00:34:49,254
and dropped her in,
like a bag of garbage.
591
00:34:49,321 --> 00:34:51,499
Is that correct? It wasn't
like that. She wasn't garbage.
592
00:34:51,523 --> 00:34:55,290
And you did this brutal thing
just to spare your wife's feelings?
593
00:35:02,634 --> 00:35:04,535
What about you, Mr. Willach?
594
00:35:05,804 --> 00:35:08,899
While you were tossing dirt over
your daughter, what were you feeling?
595
00:35:10,675 --> 00:35:11,675
I don't know.
596
00:35:13,478 --> 00:35:15,640
I was trying hard
not to think about it.
597
00:35:25,223 --> 00:35:28,250
One last question, Mr. Willach.
Are you a light sleeper?
598
00:35:28,760 --> 00:35:29,989
No, I wouldn't say that.
599
00:35:30,996 --> 00:35:33,898
Well, you woke up when your
wife got up to give the baby a bottle,
600
00:35:33,965 --> 00:35:35,695
isn't that correct? Yes.
601
00:35:35,800 --> 00:35:38,269
And you woke up when
she got a glass of water?
602
00:35:38,570 --> 00:35:43,406
In fact, it seems you woke up every
time your wife moved, is that correct?
603
00:35:43,541 --> 00:35:46,067
Sure, okay, I guess
maybe I'm a light sleeper.
604
00:35:51,349 --> 00:35:56,981
Then why is it, sir,
that you didn't wake up
605
00:35:58,223 --> 00:36:02,558
when your daughter was struggling
for breath not three feet away from you?
606
00:36:12,137 --> 00:36:13,400
I can't explain it.
607
00:36:15,206 --> 00:36:20,167
EILEEN: I got a glass of water from the
fridge. I was gone for maybe 10 minutes.
608
00:36:20,912 --> 00:36:22,380
Then I went back to sleep.
609
00:36:23,715 --> 00:36:28,779
When we woke up, Emily
was dead. I was out of my mind.
610
00:36:29,354 --> 00:36:32,882
My baby was dead.
We weren't thinking.
611
00:36:33,458 --> 00:36:34,892
We were so upset.
612
00:36:35,460 --> 00:36:37,520
Emily was our precious baby.
613
00:36:38,229 --> 00:36:41,927
I was a good mother.
I really was. I tried.
614
00:36:42,434 --> 00:36:44,960
Maybe if I'd gotten
up earlier, or if I...
615
00:36:46,604 --> 00:36:49,472
I just didn't have
the experience.
616
00:36:49,674 --> 00:36:52,405
I just didn't know
enough about babies.
617
00:36:52,477 --> 00:36:53,536
Thank you.
618
00:36:59,718 --> 00:37:02,017
How much experience
have you had as a mother?
619
00:37:05,056 --> 00:37:07,025
Emily was three months old.
620
00:37:07,125 --> 00:37:09,424
Was she your first
child? Objection.
621
00:37:13,064 --> 00:37:14,760
She put out the
welcome mat, Your Honor.
622
00:37:14,833 --> 00:37:18,065
I'm entitled to challenge her
statement about limited experience.
623
00:37:18,136 --> 00:37:22,130
I remind you, you're proscribed
from bringing up prior acts.
624
00:37:22,207 --> 00:37:25,041
You so much as brush up
against the line, Mr. McCoy,
625
00:37:25,510 --> 00:37:27,001
and I'm gonna yank the leash.
626
00:37:27,746 --> 00:37:29,510
The objection's overruled.
627
00:37:31,416 --> 00:37:36,411
Well, Mrs. Willach, was
Emily your first child?
628
00:37:40,692 --> 00:37:43,127
No. She wasn't.
629
00:37:43,928 --> 00:37:45,726
How many other
children have you had?
630
00:37:49,768 --> 00:37:53,398
Two others. Daniel and Caroline.
631
00:37:54,439 --> 00:37:57,534
Sounds as if you've had quite a
lot of experience raising children.
632
00:37:59,444 --> 00:38:03,211
Tell us, are Daniel and
Caroline living with you now?
633
00:38:03,281 --> 00:38:06,046
Objection. Your Honor,
I move for a mistrial.
634
00:38:06,117 --> 00:38:08,586
Your objection's sustained.
Your motion's denied.
635
00:38:08,653 --> 00:38:11,145
Mr. McCoy, find another
line of questioning.
636
00:38:11,222 --> 00:38:13,020
I have no other
questions, Your Honor.
637
00:38:19,297 --> 00:38:24,429
A child dies mysteriously in
its crib. No cuts, no bruises,
638
00:38:24,502 --> 00:38:26,198
no signs of abuse.
639
00:38:27,238 --> 00:38:29,434
The District Attorney
says Emily was murdered.
640
00:38:30,141 --> 00:38:33,043
He says Eileen and Marty Willach
were alone with her when it happened.
641
00:38:33,912 --> 00:38:37,178
We say there was somebody
else in that apartment.
642
00:38:38,149 --> 00:38:41,586
God, fate, nature.
Call it what you will.
643
00:38:42,787 --> 00:38:45,552
In our attempts to understand
what happened to Emily,
644
00:38:46,391 --> 00:38:47,859
we can only look to God,
645
00:38:49,060 --> 00:38:52,121
not to the parents who
loved and cherished her.
646
00:38:55,166 --> 00:38:58,295
The requirement
for criminal liability
647
00:38:59,037 --> 00:39:01,871
includes the omission
to perform an act
648
00:39:02,407 --> 00:39:05,900
where a duty of performance
is imposed by law.
649
00:39:08,346 --> 00:39:10,713
Sounds complicated,
but it's really very simple.
650
00:39:13,017 --> 00:39:17,182
Emily Willach was suffocated with a
pillow. Did her mother hold the pillow
651
00:39:17,255 --> 00:39:19,952
or did her father? It
doesn't really matter,
652
00:39:20,925 --> 00:39:24,418
because the one who watched,
who didn't rip the pillow away,
653
00:39:25,263 --> 00:39:30,224
who didn't fight tooth and nail
for Emily's life, is equally guilty.
654
00:39:37,442 --> 00:39:39,001
Nine votes to convict.
655
00:39:40,245 --> 00:39:43,511
And three who didn't agree that
there was enough guilt to go around.
656
00:39:43,748 --> 00:39:45,307
Nine jurors were convinced.
657
00:39:46,284 --> 00:39:48,310
Next time we'll work
harder on the other three.
658
00:39:48,386 --> 00:39:51,185
How often do you want to
come back to square one?
659
00:39:51,322 --> 00:39:52,984
You don't think we
should re-try them?
660
00:39:53,057 --> 00:39:55,959
Not until you can
point at Eileen Willach
661
00:39:56,027 --> 00:39:58,087
and say, "There's
your murderer."
662
00:39:59,197 --> 00:40:00,961
Call Brolin. See what
you can work out.
663
00:40:01,065 --> 00:40:03,296
All right. I didn't
want it to come to this.
664
00:40:07,906 --> 00:40:09,841
I'll agree to a plea
on one condition.
665
00:40:10,775 --> 00:40:12,767
That she agrees
to a tubal ligation.
666
00:40:13,845 --> 00:40:16,371
You're riding your
motorcycle without a helmet.
667
00:40:16,447 --> 00:40:17,938
You want to have her sterilized?
668
00:40:18,249 --> 00:40:21,811
Well, I heard it was a popular
procedure in Germany 50 years ago.
669
00:40:22,120 --> 00:40:23,213
Now, hold on.
670
00:40:25,189 --> 00:40:28,717
I'm not goose-stepping anybody
into the operating room, first of all.
671
00:40:29,494 --> 00:40:32,362
Second, as long as
she can have babies,
672
00:40:32,530 --> 00:40:34,897
this woman's killing
spree is going to continue.
673
00:40:34,966 --> 00:40:36,798
If your crystal
ball is that good,
674
00:40:36,868 --> 00:40:39,099
I'll tell the Mayor we don't
need the police anymore.
675
00:40:39,170 --> 00:40:42,732
How many more deaths do you need before
you can predict a pattern of behavior?
676
00:40:42,807 --> 00:40:44,571
Five? 10? What's
the magic number?
677
00:40:44,676 --> 00:40:47,475
Try 1942. Skinner v. Oklahoma.
678
00:40:47,545 --> 00:40:51,414
The Supreme Court recognized
procreation as a basic right.
679
00:40:51,482 --> 00:40:55,317
They also thought that segregation
was an idea worth protecting.
680
00:40:55,687 --> 00:40:57,781
Times change,
perceptions change.
681
00:40:58,189 --> 00:41:01,455
Claire, if this was a rapist and
the issue was chemical castration,
682
00:41:01,526 --> 00:41:03,893
we wouldn't even be having
this argument. Yes, we would.
683
00:41:03,962 --> 00:41:07,364
Jack, once you open the door to
state interference in a person's body,
684
00:41:07,432 --> 00:41:11,164
everyone from anti-abortionists to
advocates of sterilizing the retarded
685
00:41:11,235 --> 00:41:13,295
will come marching
through. Don't kid yourself.
686
00:41:13,371 --> 00:41:15,431
The state already
interferes with your body.
687
00:41:15,506 --> 00:41:17,737
You can't legally inject
heroin into your veins.
688
00:41:17,809 --> 00:41:19,641
You can't legally
commit suicide.
689
00:41:19,711 --> 00:41:24,081
And the state has the right to put your
body in a uniform and send you off to war.
690
00:41:24,248 --> 00:41:27,878
Twelve states already have
compulsory sterilization laws.
691
00:41:28,019 --> 00:41:31,478
I'm not breaking any new
ground here. It's morally repugnant.
692
00:41:31,556 --> 00:41:34,151
It's a medical procedure.
It's morally neutral.
693
00:41:35,493 --> 00:41:38,554
If it's used to wipe out
a race of people, it's evil.
694
00:41:38,930 --> 00:41:42,958
If it prevents a killer from
creating new victims for herself,
695
00:41:43,101 --> 00:41:44,660
it serves a moral good.
696
00:41:48,272 --> 00:41:50,036
I know it's not
the popular thing,
697
00:41:52,877 --> 00:41:54,846
but it may be the only
thing that'll stop her.
698
00:41:56,848 --> 00:41:59,841
Well, it's been tried
before, unsuccessfully.
699
00:42:00,685 --> 00:42:03,655
And I don't think you're gonna
find a judge in a million years
700
00:42:04,389 --> 00:42:05,516
that'll go along with you.
701
00:42:11,295 --> 00:42:12,820
We're amenable
to a plea bargain,
702
00:42:12,897 --> 00:42:15,560
but Mr. McCoy has put
an incredible stipulation.
703
00:42:16,067 --> 00:42:19,162
That's stating it mildly. He
refuses to discuss alternatives.
704
00:42:19,537 --> 00:42:21,096
We want him
removed from the case.
705
00:42:21,172 --> 00:42:24,734
Your Honor, we can present expert
testimony that Mrs. Willach suffers
706
00:42:24,809 --> 00:42:27,711
from a syndrome that compels
her to murder her children.
707
00:42:27,912 --> 00:42:31,405
These "experts" haven't
even examined my client.
708
00:42:31,983 --> 00:42:34,976
We have an affidavit from Mrs.
Willach's doctor that this procedure
709
00:42:35,053 --> 00:42:39,616
is invasive and in most cases
irreversible. That's fact, not theory.
710
00:42:40,258 --> 00:42:42,284
You can't let him do
this to me, Your Honor.
711
00:42:42,794 --> 00:42:46,253
Mr. McCoy, I'm stunned that
you would believe for a second
712
00:42:46,330 --> 00:42:48,492
that this is a precedent
I would want to set.
713
00:42:48,566 --> 00:42:50,967
Well, I can't accept a
plea bargain without it.
714
00:42:51,569 --> 00:42:55,165
I've weighed her rights against
the rights of her next dead baby.
715
00:42:55,807 --> 00:42:58,504
If I were you, I'd take
another look at your scales.
716
00:42:58,976 --> 00:43:01,673
We don't punish people for
crimes they haven't committed yet.
717
00:43:02,480 --> 00:43:05,939
Either you accept the
plea without the stipulation,
718
00:43:07,385 --> 00:43:09,877
or I'm going to grant the
motion to remove you.
719
00:43:10,288 --> 00:43:12,128
Then that's what you'll
have to do, Your Honor.
720
00:43:16,127 --> 00:43:17,322
Well, what did you expect?
721
00:43:17,862 --> 00:43:20,388
Judge Leon wasn't ready to
take on the Supreme Court.
722
00:43:22,333 --> 00:43:24,666
I'm not trying to
fix the world, Claire.
723
00:43:25,736 --> 00:43:29,571
Brolin's brief.
Worth a second look.
724
00:43:30,708 --> 00:43:32,609
The doctor who
signed the affidavit
725
00:43:33,277 --> 00:43:35,872
says Eileen's been his
patient for the last six weeks.
726
00:43:36,814 --> 00:43:40,410
So? He's an obstetrician.
727
00:43:44,188 --> 00:43:47,056
Adam Schiff has been slow to
assign a new ADA to the case.
728
00:43:47,925 --> 00:43:50,451
I hope it's because you've
had an attack of common sense.
729
00:43:50,528 --> 00:43:52,360
You won't find
anybody in this building
730
00:43:52,430 --> 00:43:54,695
willing to discuss a
plea bargain with you.
731
00:43:56,801 --> 00:43:58,497
We talked to your
doctor, Mrs. Willach.
732
00:43:58,569 --> 00:44:00,369
He says you're two-and-a-half
months pregnant.
733
00:44:02,874 --> 00:44:06,811
Eileen, how could you... You
didn't know, did you, Mr. Willach?
734
00:44:08,012 --> 00:44:11,505
Oh, Marty, I was gonna tell you.
735
00:44:12,150 --> 00:44:15,416
This doesn't change
anything. I think it does.
736
00:44:17,388 --> 00:44:18,754
Am I right, Mr. Willach?
737
00:44:20,158 --> 00:44:23,128
In a year, will you be helping
this child take its first steps,
738
00:44:23,628 --> 00:44:24,823
or will you be... McCoy.
739
00:44:24,896 --> 00:44:26,455
Standing over another grave?
740
00:44:29,967 --> 00:44:31,902
It's your decision
this time, Mr. Willach.
741
00:44:35,173 --> 00:44:38,109
Marty, don't do this to me.
742
00:44:47,818 --> 00:44:49,047
I want her to get help.
743
00:44:51,622 --> 00:44:52,885
It depends on you.
744
00:44:55,092 --> 00:44:58,187
Marty, I strongly urge you
not to say another word.
745
00:45:01,766 --> 00:45:04,258
Eileen was standing
beside Emily's crib.
746
00:45:05,670 --> 00:45:08,435
She was holding a little
pillow we used in the stroller.
747
00:45:12,577 --> 00:45:13,840
She looked at me.
748
00:45:20,151 --> 00:45:21,151
I knew.
749
00:45:23,754 --> 00:45:26,280
After Caroline, I thought
things would be different.
750
00:45:38,569 --> 00:45:39,969
You're a good person.
751
00:45:41,839 --> 00:45:43,637
I just don't know
why you do this.
752
00:45:46,711 --> 00:45:49,738
I want you to go somewhere
where you can get help.
753
00:45:52,950 --> 00:45:57,684
Jack, man one, with a
sentence recommendation.
754
00:46:13,037 --> 00:46:15,632
She tried to delay her sentence
until after she gave birth.
755
00:46:15,940 --> 00:46:17,875
She didn't want her
baby being born in prison.
756
00:46:18,409 --> 00:46:20,435
Probably the safest
place for the child.
757
00:46:20,911 --> 00:46:25,645
By the time Mom gets out of Bedford,
the kid should be able to defend itself.
61773
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