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These are the user uploaded subtitles that are being translated: 1 00:00:04,091 --> 00:00:06,136 In the criminal justice system, 2 00:00:06,136 --> 00:00:07,485 the people are represented 3 00:00:07,485 --> 00:00:09,835 by two separate, yet equally important groups: 4 00:00:09,835 --> 00:00:11,794 the police, who investigate crime, 5 00:00:11,794 --> 00:00:14,710 and the district attorneys, who prosecute the offenders. 6 00:00:14,710 --> 00:00:16,581 These are their stories. 7 00:00:19,454 --> 00:00:21,412 Do you solemnly swear that the testimony you give 8 00:00:21,412 --> 00:00:23,240 to this federal grand jury will be 9 00:00:23,240 --> 00:00:25,547 the truth and nothing but the truth, 10 00:00:25,547 --> 00:00:27,027 so help you God? 11 00:00:27,027 --> 00:00:28,332 So help me God. 12 00:00:28,332 --> 00:00:29,768 Please be seated. 13 00:00:31,814 --> 00:00:33,859 Are you here under subpoena? 14 00:00:33,859 --> 00:00:35,209 Yes. 15 00:00:35,209 --> 00:00:37,950 And you are not represented by counsel? 16 00:00:37,950 --> 00:00:39,561 They told me I didn't need one. 17 00:00:39,561 --> 00:00:42,259 You understand that your testimony is being recorded 18 00:00:42,259 --> 00:00:44,348 and everything you say is subject to the pains 19 00:00:44,348 --> 00:00:45,871 and penalties of perjury? 20 00:00:49,832 --> 00:00:51,964 I'm here to tell the truth. 21 00:00:51,964 --> 00:00:53,705 But I do have one question. 22 00:00:53,705 --> 00:00:55,098 Yes? 23 00:00:55,098 --> 00:00:58,580 He doesn't know I'm here, does he? 24 00:01:10,853 --> 00:01:12,550 What do we got? 25 00:01:12,550 --> 00:01:13,899 Eileen Porter. 26 00:01:13,899 --> 00:01:17,164 32 years old, blunt-force trauma to the head. 27 00:01:17,164 --> 00:01:18,426 Guy in the gurney? 28 00:01:18,426 --> 00:01:20,210 Her husband, Tom Porter. 29 00:01:20,210 --> 00:01:21,255 We found him unconscious. 30 00:01:21,255 --> 00:01:23,126 Still breathing. 31 00:01:23,126 --> 00:01:24,214 There's a spare room back there. 32 00:01:24,214 --> 00:01:25,911 Does anybody else live here? 33 00:01:25,911 --> 00:01:29,915 Neighbor's saying they use it as a kind of home office. 34 00:01:29,915 --> 00:01:34,094 Looks like we got a lot of dried blood here. 35 00:01:34,094 --> 00:01:35,791 must have been here a few hours. 36 00:01:35,791 --> 00:01:38,576 MLI says it happened sometime between 8:00 p.m. and midnight. 37 00:01:38,576 --> 00:01:39,621 Any witnesses? 38 00:01:39,621 --> 00:01:41,449 No. 39 00:01:41,449 --> 00:01:42,928 How about cameras in the building? 40 00:01:42,928 --> 00:01:44,408 Nope. 41 00:01:44,408 --> 00:01:45,844 Unis are out checking street footage. 42 00:01:47,585 --> 00:01:49,761 No signs of forced entry? 43 00:01:49,761 --> 00:01:51,415 Locks are undisturbed. 44 00:01:51,415 --> 00:01:52,721 Well, nothing seems out of place. 45 00:01:52,721 --> 00:01:54,331 So probably not looking at a robbery. 46 00:01:54,331 --> 00:01:56,507 Her coat's still on. 47 00:01:56,507 --> 00:01:59,162 The killer could be someone they know and invited in. 48 00:01:59,162 --> 00:02:01,033 Maybe somebody followed them inside. 49 00:02:01,033 --> 00:02:02,165 I found this in the trash. 50 00:02:02,165 --> 00:02:04,298 Looks like someone tried to rinse it off, 51 00:02:04,298 --> 00:02:06,517 but there are definitely still traces of blood. 52 00:02:06,517 --> 00:02:09,607 Let's get that tested for DNA and prints. 53 00:02:09,607 --> 00:02:10,913 Who found them? 54 00:02:10,913 --> 00:02:12,480 Neighbor said they heard their dog barking. 55 00:02:12,480 --> 00:02:13,829 They said it went on for hours. 56 00:02:13,829 --> 00:02:15,135 She finally called 911 57 00:02:15,135 --> 00:02:17,702 to make sure everything was OK. 58 00:02:17,702 --> 00:02:21,141 Well, everything was definitely not OK. 59 00:03:09,537 --> 00:03:12,104 I wish I'd called the police sooner. 60 00:03:12,104 --> 00:03:14,585 Did you happen to see or hear anything unusual? 61 00:03:14,585 --> 00:03:16,413 Just the dog barking. 62 00:03:16,413 --> 00:03:18,894 Anyone coming or going from the apartment last night? 63 00:03:18,894 --> 00:03:19,851 I wouldn't know. 64 00:03:19,851 --> 00:03:21,592 I live upstairs. 65 00:03:21,592 --> 00:03:24,247 Did anyone have a problem with Tom or Eileen? 66 00:03:24,247 --> 00:03:25,944 Maybe someone that lived in the building? 67 00:03:25,944 --> 00:03:27,598 They were both so polite. 68 00:03:27,598 --> 00:03:29,992 Tom works for a nonprofit. 69 00:03:29,992 --> 00:03:32,473 Eileen is in public service. 70 00:03:32,473 --> 00:03:35,302 She's an aide to that congressman, you know, 71 00:03:35,302 --> 00:03:38,870 the, uh, family values guy. 72 00:03:38,870 --> 00:03:41,221 Might have to be a little more specific about that one. 73 00:03:42,918 --> 00:03:44,920 Rhett Richards. 74 00:03:44,920 --> 00:03:46,922 That's his name. 75 00:03:49,707 --> 00:03:51,622 Tom Porter's got a serious head wound. 76 00:03:51,622 --> 00:03:52,971 He's in surgery right now. 77 00:03:52,971 --> 00:03:54,277 Doctors haven't determined 78 00:03:54,277 --> 00:03:55,583 the full extent of his injuries yet. 79 00:03:55,583 --> 00:03:57,802 Did forensics get back to us on the hammer? 80 00:03:57,802 --> 00:04:01,850 Yeah, DNA shows that the blood came from three sources-- 81 00:04:01,850 --> 00:04:05,506 Tom, Eileen, and a third subject not in the system. 82 00:04:05,506 --> 00:04:08,378 So our killer must have been cut in the scuffle, 83 00:04:08,378 --> 00:04:10,728 which gives us something to work with. 84 00:04:10,728 --> 00:04:13,905 Computer crimes has been analyzing Eileen's devices. 85 00:04:13,905 --> 00:04:17,213 And when they were looking at her phone, it rang. 86 00:04:17,213 --> 00:04:18,301 Who was it? 87 00:04:18,301 --> 00:04:19,433 Federal prosecutor. 88 00:04:19,433 --> 00:04:21,217 I called him, but I got the runaround. 89 00:04:21,217 --> 00:04:23,306 Those guys wouldn't tell you if your coat was on fire. 90 00:04:23,306 --> 00:04:26,353 They're claiming grand jury secrecy, but I looked him up. 91 00:04:26,353 --> 00:04:27,919 He works in the Public Corruption Unit. 92 00:04:27,919 --> 00:04:31,706 Yeah, and Eileen worked for Congressman Richards. 93 00:04:31,706 --> 00:04:33,534 I just read an article in the "Post" 94 00:04:33,534 --> 00:04:35,275 about the turnover in his office. 95 00:04:35,275 --> 00:04:38,669 His chief of staff resigned, and she refused to say why. 96 00:04:38,669 --> 00:04:40,018 Hmm. 97 00:04:40,018 --> 00:04:42,412 I bet she'll be a little bit more forthcoming 98 00:04:42,412 --> 00:04:44,893 if you two paid her a visit. 99 00:04:49,463 --> 00:04:51,378 Eileen told me she saw something weird 100 00:04:51,378 --> 00:04:53,293 in the congressman's finance reports. 101 00:04:54,250 --> 00:04:55,599 What do you mean by weird? 102 00:04:55,599 --> 00:04:57,384 The congressman used campaign funds 103 00:04:57,384 --> 00:04:59,734 to pay for his wife's Botox. 104 00:04:59,734 --> 00:05:01,736 Eileen thought maybe it was a mistake. 105 00:05:01,736 --> 00:05:03,999 So she did a little digging, found out he was using 106 00:05:03,999 --> 00:05:06,958 the campaign credit card for expensive dinners, 107 00:05:06,958 --> 00:05:09,047 trips to the Caribbean, luxury car leases, 108 00:05:09,047 --> 00:05:14,052 jewelry for his wife, himself, and his mistress. 109 00:05:15,663 --> 00:05:16,925 So what did Eileen do? 110 00:05:16,925 --> 00:05:18,753 She called the FBI. 111 00:05:18,753 --> 00:05:20,363 And then we both resigned. 112 00:05:20,363 --> 00:05:22,147 Did Eileen speak to a federal prosecutor? 113 00:05:22,147 --> 00:05:24,193 She was supposed to testify against the congressman 114 00:05:24,193 --> 00:05:25,499 in the grand jury. 115 00:05:25,499 --> 00:05:28,066 Did the congressman know that? 116 00:05:28,066 --> 00:05:31,505 Two nights ago, I was at Eileen's apartment. 117 00:05:31,505 --> 00:05:33,071 He called her. 118 00:05:33,071 --> 00:05:36,336 Said if she kept lying about him, she'd regret it. 119 00:05:39,382 --> 00:05:41,906 Mr. Family Values. 120 00:05:44,387 --> 00:05:45,606 At the end of the day, 121 00:05:45,606 --> 00:05:46,998 the only thing that matters, 122 00:05:46,998 --> 00:05:48,783 really matters, 123 00:05:48,783 --> 00:05:51,263 is our family and our faith 124 00:05:51,263 --> 00:05:54,832 and how we marry those values as we navigate the world. 125 00:05:54,832 --> 00:05:57,748 In my house, we swear by the Golden Rule-- 126 00:05:57,748 --> 00:06:01,317 do unto others as you'd have them do unto you. 127 00:06:01,317 --> 00:06:02,797 Thank you. 128 00:06:05,582 --> 00:06:06,975 Thank you. - Thank you. 129 00:06:06,975 --> 00:06:08,455 Thank you so much for being here. 130 00:06:08,455 --> 00:06:09,499 Thank you. 131 00:06:09,499 --> 00:06:10,631 Congresswoman Richards? 132 00:06:10,631 --> 00:06:12,284 I'm Detective Jalen Shaw. 133 00:06:12,284 --> 00:06:13,416 This is Detective Vincent Riley. 134 00:06:13,416 --> 00:06:15,026 Yes? 135 00:06:15,026 --> 00:06:16,376 Is there somewhere we can go and speak in private? 136 00:06:16,376 --> 00:06:18,247 Now's not a good time. 137 00:06:18,247 --> 00:06:21,729 We're asking for your cooperation, Congressman. 138 00:06:21,729 --> 00:06:23,295 Trying to make a federal case out of 139 00:06:23,295 --> 00:06:26,211 a couple of trips to Aruba and a tennis bracelet? 140 00:06:26,211 --> 00:06:29,476 We are not here about some trips or a bracelet. 141 00:06:29,476 --> 00:06:31,173 No, but if you don't want to come voluntarily, 142 00:06:31,173 --> 00:06:33,393 we could always set you up with a pair of our bracelets. 143 00:06:35,569 --> 00:06:37,962 Right this way. 144 00:06:44,404 --> 00:06:46,231 I'm sorry to hear Eileen died, 145 00:06:46,231 --> 00:06:47,842 but I had nothing to do with it. 146 00:06:47,842 --> 00:06:49,539 She was testifying against you in the grand jury, right? 147 00:06:49,539 --> 00:06:52,150 You threatened her and told her not to cooperate. 148 00:06:52,150 --> 00:06:54,414 Then 24 hours later, she winds up dead. 149 00:06:54,414 --> 00:06:56,285 You realize you're speaking with a United States 150 00:06:56,285 --> 00:06:58,766 congressman, accusing him of murder? 151 00:06:58,766 --> 00:07:01,072 We're just laying out the facts, counselor. 152 00:07:01,072 --> 00:07:03,248 Look, the investigation into my expenses 153 00:07:03,248 --> 00:07:05,163 is a total witch hunt. 154 00:07:05,163 --> 00:07:06,730 So you're not concerned about the grand jury? 155 00:07:06,730 --> 00:07:08,079 Yeah. Not one bit. 156 00:07:08,079 --> 00:07:09,951 In fact, I'd welcome a public trial. 157 00:07:09,951 --> 00:07:12,910 Probably rile up the base, give me a boost in the polls. 158 00:07:12,910 --> 00:07:14,346 Wow, good for you. 159 00:07:14,346 --> 00:07:15,435 That being said, where were you last night 160 00:07:15,435 --> 00:07:16,914 between 8:00 p.m. and midnight? 161 00:07:16,914 --> 00:07:18,089 At a fundraising event. 162 00:07:18,089 --> 00:07:19,264 With about a dozen donors. 163 00:07:19,264 --> 00:07:20,744 - And my wife. - We'll look into that. 164 00:07:20,744 --> 00:07:23,443 In the meantime, will you consent to a DNA swab? 165 00:07:24,574 --> 00:07:27,098 Like I said, I have nothing to hide. 166 00:07:27,098 --> 00:07:30,972 Let's assume for now that you're not involved. 167 00:07:30,972 --> 00:07:32,190 Do you have any thoughts about who might have 168 00:07:32,190 --> 00:07:33,757 wanted to kill Eileen? 169 00:07:35,367 --> 00:07:37,282 Well, a couple of days ago, 170 00:07:37,282 --> 00:07:39,546 one of my volunteers went out to lunch with her. 171 00:07:39,546 --> 00:07:41,330 She said a man came in, saw Eileen, 172 00:07:41,330 --> 00:07:43,288 and started swearing, yelling. 173 00:07:43,288 --> 00:07:45,334 It almost got physical. 174 00:07:45,334 --> 00:07:48,424 We'll need the name of that volunteer and the restaurant. 175 00:07:55,649 --> 00:07:57,781 Oh, yeah. 176 00:07:57,781 --> 00:07:59,870 Yeah, I remember her. 177 00:07:59,870 --> 00:08:02,090 She was having lunch. 178 00:08:02,090 --> 00:08:05,615 This guy came in, drunk, holding a can of beer. 179 00:08:05,615 --> 00:08:07,530 Brought his own beer? 180 00:08:07,530 --> 00:08:08,618 That's dedication. 181 00:08:08,618 --> 00:08:10,533 Yeah, he-- he was very aggressive. 182 00:08:10,533 --> 00:08:13,667 He beelined to this woman and yelled at her. 183 00:08:13,667 --> 00:08:15,233 Did you hear what he said? 184 00:08:15,233 --> 00:08:18,498 Something about money, how she stole from him or-- 185 00:08:18,498 --> 00:08:21,544 anyway, he put the can down, lunged at her, 186 00:08:21,544 --> 00:08:23,894 and then two waiters had to intervene. 187 00:08:23,894 --> 00:08:25,548 Nobody called the police? 188 00:08:25,548 --> 00:08:27,594 I offered, but the lady said she'd handle it. 189 00:08:27,594 --> 00:08:31,032 So she left, and the guy followed her outside. 190 00:08:31,032 --> 00:08:32,686 And you have no idea who this guy was? 191 00:08:32,686 --> 00:08:33,991 No. 192 00:08:33,991 --> 00:08:35,906 Do you still have that beer can? 193 00:08:35,906 --> 00:08:38,822 You know, recycling isn't picked up till tomorrow, 194 00:08:38,822 --> 00:08:40,520 and we don't sell cans of beer. 195 00:08:40,520 --> 00:08:43,044 So it'd be the only one in there. 196 00:08:45,437 --> 00:08:46,874 All right. Thank you. 197 00:08:46,874 --> 00:08:48,658 So where are we? 198 00:08:48,658 --> 00:08:50,181 Spoke to the hospital. 199 00:08:50,181 --> 00:08:52,444 Tom Porter is now in a medically induced coma. 200 00:08:52,444 --> 00:08:53,663 He's got a brain bleed. 201 00:08:53,663 --> 00:08:55,012 Is he gonna make it? 202 00:08:55,012 --> 00:08:56,361 Doctor says it's 50/50. 203 00:08:56,361 --> 00:08:57,928 Lab pulled prints off of the beer can. 204 00:08:57,928 --> 00:09:01,541 They belong to Kevin Marshall, date of birth 7/11/89. 205 00:09:01,541 --> 00:09:04,195 Get this--Eileen's brother. 206 00:09:04,195 --> 00:09:05,588 Does he have a rap sheet? 207 00:09:05,588 --> 00:09:07,285 He sure does. 208 00:09:07,285 --> 00:09:10,550 Public intoxication, DUI, and one assault conviction 209 00:09:10,550 --> 00:09:12,160 for what looks like a bar fight. 210 00:09:12,160 --> 00:09:14,075 This is interesting. 211 00:09:14,075 --> 00:09:15,685 Looks like he filed a civil lawsuit 212 00:09:15,685 --> 00:09:17,818 against Eileen a couple months ago 213 00:09:17,818 --> 00:09:19,384 in probate court. - Hmm. 214 00:09:19,384 --> 00:09:21,735 Do we have an address, know where he works? 215 00:09:21,735 --> 00:09:23,475 He's a set carpenter at a theater 216 00:09:23,475 --> 00:09:25,565 off of Christopher Street. 217 00:09:29,917 --> 00:09:32,441 Kevin Marshall? 218 00:09:32,441 --> 00:09:34,225 Yeah? What's this about? 219 00:09:34,225 --> 00:09:35,444 Step this way. 220 00:09:38,360 --> 00:09:40,275 We need to talk to you about your sister, Eileen. 221 00:09:41,276 --> 00:09:42,277 Are you kidding me? 222 00:09:42,277 --> 00:09:44,105 That bitch called the police on me? 223 00:09:44,888 --> 00:09:47,151 So I'm guessing you two not so close, huh? 224 00:09:47,151 --> 00:09:48,718 Look, guys. 225 00:09:48,718 --> 00:09:49,763 Where's your hammer? 226 00:09:51,765 --> 00:09:53,157 Uh, I don't know. 227 00:09:53,157 --> 00:09:54,724 We borrow each other's tools. 228 00:09:54,724 --> 00:09:55,638 What's going on? 229 00:09:55,638 --> 00:09:57,466 Let's find a place to talk. 230 00:09:59,642 --> 00:10:02,384 Seems like you were pretty mad at your sister. 231 00:10:02,384 --> 00:10:04,038 Eileen and I had our differences, 232 00:10:04,038 --> 00:10:06,649 but she was the only family I had. 233 00:10:06,649 --> 00:10:08,912 You filed a lawsuit against her. 234 00:10:08,912 --> 00:10:11,262 What was that about? 235 00:10:11,262 --> 00:10:12,655 Our parents are both gone. 236 00:10:12,655 --> 00:10:15,179 They left us about a 100 grand each. 237 00:10:15,179 --> 00:10:16,790 My parents appointed Eileen trustee, 238 00:10:16,790 --> 00:10:19,836 and she wanted to give me a monthly allowance. 239 00:10:19,836 --> 00:10:21,751 I've had some problems with addiction, 240 00:10:21,751 --> 00:10:24,536 but I felt like I should be able to handle my own money. 241 00:10:24,536 --> 00:10:26,495 So you guys had a contentious relationship? 242 00:10:26,495 --> 00:10:27,670 Yeah, but I didn't kill her. 243 00:10:27,670 --> 00:10:28,976 Where were you two nights ago 244 00:10:28,976 --> 00:10:31,108 between the hours of 8:00 p.m. and midnight? 245 00:10:31,108 --> 00:10:34,895 Here, breaking down the set until about 2:00 a.m. 246 00:10:34,895 --> 00:10:36,592 with about 20 other people. 247 00:10:36,592 --> 00:10:38,507 Would you be willing to take a DNA test? 248 00:10:38,507 --> 00:10:39,682 Sure. 249 00:10:39,682 --> 00:10:41,553 I want to know who killed my sister too. 250 00:10:41,553 --> 00:10:43,773 OK. 251 00:10:43,773 --> 00:10:46,950 All right, Kevin, think. 252 00:10:46,950 --> 00:10:49,083 Do you know of anyone who might have wanted 253 00:10:49,083 --> 00:10:50,475 to hurt your sister? 254 00:10:50,475 --> 00:10:53,130 The last decent conversation we had, 255 00:10:53,130 --> 00:10:54,871 Eileen said she was volunteering 256 00:10:54,871 --> 00:10:56,394 at a homeless shelter. 257 00:10:56,394 --> 00:10:58,353 She'd hired one of the guys to do odd jobs. 258 00:10:58,353 --> 00:10:59,310 And what makes you think this guy had 259 00:10:59,310 --> 00:11:00,877 something to do with it? 260 00:11:00,877 --> 00:11:02,009 He was an ex-con. 261 00:11:02,009 --> 00:11:03,793 Did time for burglary. 262 00:11:03,793 --> 00:11:07,362 I told--I told her it was dangerous, 263 00:11:07,362 --> 00:11:09,146 letting strangers into her place like that, 264 00:11:09,146 --> 00:11:10,800 but she never listened to me. 265 00:11:10,800 --> 00:11:14,151 Do you know what shelter she was volunteering at? 266 00:11:14,151 --> 00:11:16,937 No, but it was near her apartment. 267 00:11:16,937 --> 00:11:18,678 OK. 268 00:11:22,029 --> 00:11:23,726 Benny Kramer? 269 00:11:23,726 --> 00:11:25,206 NYPD. 270 00:11:25,206 --> 00:11:26,250 Come with me. - For what? 271 00:11:26,250 --> 00:11:27,338 Get up. 272 00:11:27,338 --> 00:11:30,341 Come on. Come on. 273 00:11:33,475 --> 00:11:35,738 Let me ask you a question. 274 00:11:35,738 --> 00:11:37,871 How many times have you been in Eileen Porter's apartment? 275 00:11:43,398 --> 00:11:44,355 All, right, listen, man. 276 00:11:44,355 --> 00:11:46,618 This can go one of two ways, OK? 277 00:11:46,618 --> 00:11:49,143 You can talk to us, or we can call your parole officer 278 00:11:49,143 --> 00:11:50,361 and get him involved. 279 00:11:50,361 --> 00:11:52,494 I'll pay back the money. 280 00:11:53,364 --> 00:11:57,499 The--tell us about that. 281 00:11:57,499 --> 00:12:00,371 Last time I was at Eileen's, 282 00:12:00,371 --> 00:12:02,286 I saw a couple of 20s on the counter, 283 00:12:02,286 --> 00:12:07,378 and I pocketed the bills. 284 00:12:07,378 --> 00:12:10,817 I didn't think that she'd report me. 285 00:12:10,817 --> 00:12:13,210 I'll pay her back. 286 00:12:13,210 --> 00:12:15,343 See, that's not possible. 287 00:12:15,343 --> 00:12:17,562 Benny, Eileen's dead, 288 00:12:17,562 --> 00:12:20,391 killed two nights ago in her own apartment. 289 00:12:20,391 --> 00:12:22,306 She had her head bashed in. 290 00:12:22,306 --> 00:12:24,569 Where were you two nights ago? 291 00:12:24,569 --> 00:12:26,876 Same place I always am, this shelter. 292 00:12:26,876 --> 00:12:27,877 Check the logs. 293 00:12:27,877 --> 00:12:28,922 We will. 294 00:12:28,922 --> 00:12:30,619 Is Eileen's husband OK? 295 00:12:30,619 --> 00:12:33,361 He's in a coma, so no, he's not OK. 296 00:12:33,361 --> 00:12:34,710 What about the other woman? 297 00:12:34,710 --> 00:12:36,407 Other what-- what are you talking about? 298 00:12:36,407 --> 00:12:37,713 What other woman? 299 00:12:37,713 --> 00:12:40,498 The one that lives in the guest room. 300 00:12:40,498 --> 00:12:43,675 I painted it last week. 301 00:12:43,675 --> 00:12:45,852 Look, I took a picture. 302 00:12:48,768 --> 00:12:49,986 See? 303 00:12:49,986 --> 00:12:51,074 Is that the woman there? 304 00:12:51,074 --> 00:12:52,119 Yes. 305 00:12:52,119 --> 00:12:53,468 Do you know her name? 306 00:12:53,468 --> 00:12:55,992 Uh, no, I never really met her. 307 00:13:02,912 --> 00:13:05,349 Guys, how'd you make out at the Porters' apartment? 308 00:13:05,349 --> 00:13:06,568 Found a hairbrush in the guest room. 309 00:13:06,568 --> 00:13:07,787 It matches the unknown DNA of the hammer. 310 00:13:07,787 --> 00:13:09,005 We don't have a hit in the profile yet. 311 00:13:09,005 --> 00:13:10,572 Somebody's got to know who she is. 312 00:13:10,572 --> 00:13:11,834 Check this out. 313 00:13:11,834 --> 00:13:13,270 I was looking into the Porters' financials, 314 00:13:13,270 --> 00:13:15,055 thinking maybe somebody was paying them rent. 315 00:13:15,055 --> 00:13:16,230 Came up empty on that front, 316 00:13:16,230 --> 00:13:18,145 but I found something that's just-- 317 00:13:18,145 --> 00:13:19,189 it's off. 318 00:13:19,189 --> 00:13:20,451 A few months ago, it looks like Tom 319 00:13:20,451 --> 00:13:22,758 wired somebody $50,000. 320 00:13:22,758 --> 00:13:24,020 50K? 321 00:13:24,020 --> 00:13:25,065 For a guy who works in nonprofit, 322 00:13:25,065 --> 00:13:26,153 that's a lot of money. 323 00:13:26,153 --> 00:13:28,242 - Exactly. - Who'd he send it to? 324 00:13:28,242 --> 00:13:32,072 Looks like a company called Family Services Consulting. 325 00:13:32,072 --> 00:13:34,378 The owner's name is Pavlo Golub. 326 00:13:36,685 --> 00:13:39,862 There's a business with that name in Staten Island. 327 00:13:39,862 --> 00:13:41,255 Found the website. 328 00:13:41,255 --> 00:13:42,952 "Think you can't afford a family? 329 00:13:42,952 --> 00:13:44,519 "Think again. 330 00:13:44,519 --> 00:13:46,869 I can help make your dreams come true." 331 00:13:46,869 --> 00:13:48,001 So what? 332 00:13:48,001 --> 00:13:49,829 So Tom Porter sends $50,000 333 00:13:49,829 --> 00:13:51,656 to some cut-rate adoption agency? 334 00:13:51,656 --> 00:13:53,136 I smell a field trip. 335 00:13:53,136 --> 00:13:56,096 Hop on the ferry, go find out. 336 00:13:59,142 --> 00:14:02,058 I'm a family services consultant, you know, 337 00:14:02,058 --> 00:14:03,930 like a matchmaker. 338 00:14:03,930 --> 00:14:06,236 I help families who want children 339 00:14:06,236 --> 00:14:08,760 but can't afford the services in this country. 340 00:14:08,760 --> 00:14:12,939 I find them pregnant women or surrogates in Ukraine. 341 00:14:12,939 --> 00:14:14,854 We know the Porters wired you 50 grand 342 00:14:14,854 --> 00:14:16,464 a couple months ago, yeah? 343 00:14:16,464 --> 00:14:18,335 Were they looking to adopt a child? 344 00:14:18,335 --> 00:14:22,513 Sorry, I don't want to betray any confidences. 345 00:14:22,513 --> 00:14:23,645 Can you just ask him? 346 00:14:23,645 --> 00:14:25,299 We'd like to, 347 00:14:25,299 --> 00:14:27,127 but somebody put a hammer through his skull, 348 00:14:27,127 --> 00:14:29,999 so now he's in a coma. 349 00:14:29,999 --> 00:14:32,001 The Porters were looking for a surrogate. 350 00:14:32,001 --> 00:14:33,916 And you charged them $50,000? 351 00:14:33,916 --> 00:14:34,961 Yes. 352 00:14:34,961 --> 00:14:36,832 40 for me, 10 for her. 353 00:14:39,487 --> 00:14:41,968 Well, that's a hell of a business plan. 354 00:14:41,968 --> 00:14:43,708 The woman carries the baby for nine months 355 00:14:43,708 --> 00:14:45,493 and you pocket 80% of the fee? 356 00:14:45,493 --> 00:14:49,105 $10,000 to a woman in Ukraine is life-changing. 357 00:14:49,105 --> 00:14:51,978 So you connected them to a surrogate in Ukraine? 358 00:14:51,978 --> 00:14:52,979 Exactly. 359 00:14:52,979 --> 00:14:54,763 Where is this woman now? 360 00:14:54,763 --> 00:14:58,332 After the pregnancy took, we arranged with the Porters 361 00:14:58,332 --> 00:15:00,987 to have her come here to live with them in America. 362 00:15:00,987 --> 00:15:03,163 We'll need a name. 363 00:15:03,163 --> 00:15:04,816 You need more information, 364 00:15:04,816 --> 00:15:07,036 you're gonna have to have a subpoena. 365 00:15:10,518 --> 00:15:12,128 Darina Meleshko. 366 00:15:12,128 --> 00:15:13,738 That's the name of the Porters' surrogate. 367 00:15:13,738 --> 00:15:14,826 She's 24 years old. 368 00:15:14,826 --> 00:15:16,089 She's from Kyiv. 369 00:15:16,089 --> 00:15:17,525 She's here on a travel visa, and she used 370 00:15:17,525 --> 00:15:20,223 the Porters' address on her visa application. 371 00:15:20,223 --> 00:15:22,617 So she's the one who was living in the guest room? 372 00:15:22,617 --> 00:15:24,662 For all we know, she might be our killer. 373 00:15:24,662 --> 00:15:27,187 All right, when's the last time anybody had eyes on her? 374 00:15:27,187 --> 00:15:29,885 Actually, she opened up a new bank account yesterday, 375 00:15:29,885 --> 00:15:31,974 deposited a check for $2,000. 376 00:15:31,974 --> 00:15:33,715 Where'd the money come from? 377 00:15:33,715 --> 00:15:35,195 A guy named Dennis Leverett. 378 00:15:35,195 --> 00:15:37,632 He lives in Riverdale. 379 00:15:37,632 --> 00:15:39,982 Well, let's see if he knows where to find her. 380 00:15:44,160 --> 00:15:45,292 Sure, we know Darina. 381 00:15:45,292 --> 00:15:46,989 She just moved into our guest room. 382 00:15:46,989 --> 00:15:48,556 Yeah, and how do you know her? 383 00:15:48,556 --> 00:15:51,820 A friend of a friend told us about Pavlo Golub. 384 00:15:51,820 --> 00:15:53,430 He introduced us to Darina. 385 00:15:53,430 --> 00:15:55,693 We're going to adopt her baby. 386 00:15:58,000 --> 00:15:59,828 She told you it was her baby? 387 00:15:59,828 --> 00:16:01,699 Pavlo said she was pregnant, 388 00:16:01,699 --> 00:16:04,615 not in a position to care for a child. 389 00:16:04,615 --> 00:16:06,139 It's a girl. 390 00:16:06,139 --> 00:16:07,923 And how much did you pay Pavlo? 391 00:16:07,923 --> 00:16:10,447 $250,000. 392 00:16:11,840 --> 00:16:13,450 It's the going rate. 393 00:16:15,757 --> 00:16:18,020 And he never mentioned anything about another couple? 394 00:16:18,020 --> 00:16:20,370 No, why? 395 00:16:20,370 --> 00:16:22,590 Do you know where Darina is right now? 396 00:16:22,590 --> 00:16:25,419 We sent her on a staycation for a couple of days 397 00:16:25,419 --> 00:16:26,637 at a nice hotel. 398 00:16:43,480 --> 00:16:46,788 Darina Meleshko, we've got some questions for you. 399 00:16:46,788 --> 00:16:47,963 Whoa, whoa, whoa, whoa. 400 00:16:47,963 --> 00:16:49,225 Hey, hey, don't move, all right? 401 00:16:49,225 --> 00:16:50,226 We just want to talk to you. 402 00:16:50,226 --> 00:16:52,663 Please don't hurt my baby. 403 00:16:52,663 --> 00:16:55,797 How'd you get that gash on your hand? 404 00:16:55,797 --> 00:16:57,103 What do you want? 405 00:16:57,103 --> 00:16:59,148 You can start by telling us how your DNA got 406 00:16:59,148 --> 00:17:01,542 on the hammer that killed Eileen Porter. 407 00:17:01,542 --> 00:17:03,065 No, no, no, no, no, that's not happening. 408 00:17:03,065 --> 00:17:03,979 That's not happening. - Don't do that. 409 00:17:03,979 --> 00:17:05,502 Don't do that. 410 00:17:05,502 --> 00:17:07,678 Darina Meleshko, you are under arrest for murder. 411 00:17:07,678 --> 00:17:08,723 - No. - Come on. 412 00:17:08,723 --> 00:17:11,508 Please don't hurt my baby. 413 00:17:11,508 --> 00:17:13,075 Ah! Oh! 414 00:17:13,075 --> 00:17:14,424 - Whoa. - Stop. 415 00:17:14,424 --> 00:17:15,469 Whoa, whoa, whoa, whoa, whoa, whoa, whoa. 416 00:17:15,469 --> 00:17:16,426 Hey. 417 00:17:16,426 --> 00:17:18,167 I think I'm going into labor. 418 00:17:18,167 --> 00:17:20,082 Oh, oh. - OK. 419 00:17:20,082 --> 00:17:21,518 - I need to go to a hospital. - All right. OK. All right. 420 00:17:21,518 --> 00:17:23,651 - Oh, oh, please. - Hold on. 421 00:17:23,651 --> 00:17:25,348 Oh, I'm serious. 422 00:17:25,348 --> 00:17:26,828 Oh! Call an ambulance. 423 00:17:26,828 --> 00:17:28,308 No, no, no, we can get you there faster. 424 00:17:28,308 --> 00:17:29,613 Let's go. Come on. Come on. 425 00:17:33,661 --> 00:17:35,402 Calling docket ending in 9076, 426 00:17:35,402 --> 00:17:36,968 People versus Darina Meleshko. 427 00:17:36,968 --> 00:17:39,101 Charging one count of murder in the second degree 428 00:17:39,101 --> 00:17:41,669 and one count of attempted murder in the second degree. 429 00:17:43,192 --> 00:17:44,367 How do you plead? 430 00:17:44,367 --> 00:17:46,282 My client pleads not guilty. 431 00:17:46,282 --> 00:17:47,762 I'll hear you on bail. 432 00:17:47,762 --> 00:17:50,982 Your Honor, there are two victims in this case-- 433 00:17:50,982 --> 00:17:53,159 Eileen Porter, who was brutally murdered, 434 00:17:53,159 --> 00:17:55,378 and her husband, Tom, who was recently 435 00:17:55,378 --> 00:17:57,119 released from the hospital. 436 00:17:57,119 --> 00:17:59,861 The defendant was a surrogate for Tom and Eileen Porter, 437 00:17:59,861 --> 00:18:02,603 but after she got pregnant with her embryo, 438 00:18:02,603 --> 00:18:04,213 she sold their baby to another couple 439 00:18:04,213 --> 00:18:06,128 who could afford to pay a lot more money. 440 00:18:06,128 --> 00:18:08,522 On the day of the murder, the Porters caught 441 00:18:08,522 --> 00:18:10,393 the defendant moving out of their home. 442 00:18:10,393 --> 00:18:12,743 The victims told her she could not leave with their baby 443 00:18:12,743 --> 00:18:14,658 and threatened to call the police. 444 00:18:14,658 --> 00:18:17,270 So she killed Eileen and tried to kill Tom. 445 00:18:17,270 --> 00:18:18,575 That's pure conjecture. 446 00:18:18,575 --> 00:18:20,099 The murder weapon, a hammer, 447 00:18:20,099 --> 00:18:21,143 had both victims' 448 00:18:21,143 --> 00:18:22,492 and the defendant's blood on it. 449 00:18:22,492 --> 00:18:24,233 She had a cut on her hand when she was arrested. 450 00:18:24,233 --> 00:18:27,236 She had motive and opportunity, and she's a flight risk. 451 00:18:27,236 --> 00:18:28,716 People seek remand. 452 00:18:28,716 --> 00:18:30,500 Ms. Stratford? 453 00:18:30,500 --> 00:18:33,112 My client is not a flight risk. 454 00:18:33,112 --> 00:18:35,157 She has no money, no resources, 455 00:18:35,157 --> 00:18:37,290 and nowhere to go. 456 00:18:37,290 --> 00:18:40,858 Your Honor, my client gave birth four days ago. 457 00:18:40,858 --> 00:18:42,208 She's nursing a newborn. 458 00:18:42,208 --> 00:18:44,862 She can do that in the nursery at Rikers. 459 00:18:44,862 --> 00:18:46,473 The defendant's remanded. 460 00:18:56,744 --> 00:19:00,226 You're really gonna send her to Rikers? 461 00:19:00,226 --> 00:19:02,532 She tried to sell the Porters' baby, 462 00:19:02,532 --> 00:19:04,882 then bashed them in their heads. 463 00:19:04,882 --> 00:19:07,668 This has all been a terrible misunderstanding. 464 00:19:07,668 --> 00:19:09,887 A misunderstanding? 465 00:19:09,887 --> 00:19:12,803 Pavlo Golub lied to Darina. 466 00:19:12,803 --> 00:19:14,588 He told her the Porters were having second thoughts, 467 00:19:14,588 --> 00:19:15,806 that they weren't even sure 468 00:19:15,806 --> 00:19:17,678 they wanted to raise the child anymore. 469 00:19:17,678 --> 00:19:19,332 He said he found a loving couple, 470 00:19:19,332 --> 00:19:22,465 and Darina trusted him. 471 00:19:22,465 --> 00:19:25,381 Have some compassion, Sam. 472 00:19:30,212 --> 00:19:31,648 What's this? 473 00:19:43,443 --> 00:19:45,575 Your Honor, I filed a motion to suppress 474 00:19:45,575 --> 00:19:47,186 the so-called murder weapon. 475 00:19:47,186 --> 00:19:48,317 On what grounds? 476 00:19:48,317 --> 00:19:49,710 The search and seizure was in violation 477 00:19:49,710 --> 00:19:50,885 of the Fourth Amendment 478 00:19:50,885 --> 00:19:52,800 to the United States Constitution. 479 00:19:52,800 --> 00:19:54,236 Where was the evidence found? 480 00:19:54,236 --> 00:19:56,586 It was a hammer found in a trash can 481 00:19:56,586 --> 00:19:57,979 at the Porters' apartment. 482 00:19:57,979 --> 00:19:59,676 The police shouldn't have touched it until 483 00:19:59,676 --> 00:20:01,243 they had obtained a search warrant. 484 00:20:01,243 --> 00:20:03,202 We shouldn't even be having this discussion 485 00:20:03,202 --> 00:20:05,247 because the defendant has no standing. 486 00:20:05,247 --> 00:20:07,249 Only the lawful residents of the apartment 487 00:20:07,249 --> 00:20:08,946 have the right to challenge the search. 488 00:20:08,946 --> 00:20:10,252 At the time of the seizure, 489 00:20:10,252 --> 00:20:12,602 my client was still living in the apartment. 490 00:20:12,602 --> 00:20:15,301 Some of her personal items were in the spare bedroom. 491 00:20:15,301 --> 00:20:16,432 Was she on the lease? 492 00:20:16,432 --> 00:20:17,781 No. 493 00:20:17,781 --> 00:20:19,609 She lived there for two months. 494 00:20:19,609 --> 00:20:21,307 She had her own set of keys. 495 00:20:21,307 --> 00:20:23,787 She hadn't filed a change of address with the post office. 496 00:20:23,787 --> 00:20:26,094 She was in the process of relocating 497 00:20:26,094 --> 00:20:28,227 but hadn't officially moved. 498 00:20:29,445 --> 00:20:31,273 It's a close call. 499 00:20:31,273 --> 00:20:33,101 But I find that the defendant still had 500 00:20:33,101 --> 00:20:36,583 a reasonable expectation of privacy in the home. 501 00:20:36,583 --> 00:20:39,063 The motion to suppress is granted. 502 00:20:43,067 --> 00:20:44,982 We lost the murder weapon, 503 00:20:44,982 --> 00:20:46,984 which is a huge blow to the case. 504 00:20:46,984 --> 00:20:48,856 So what else do you have? 505 00:20:48,856 --> 00:20:51,293 Who's your strongest witness? 506 00:20:51,293 --> 00:20:53,817 The baby broker, Pavlo Golub, 507 00:20:53,817 --> 00:20:55,732 the man who arranged the surrogacy. 508 00:20:55,732 --> 00:20:58,082 He can testify to Darina's state of mind 509 00:20:58,082 --> 00:21:00,563 that she was a willing participant, 510 00:21:00,563 --> 00:21:02,739 that she agreed to pretend the baby was her own. 511 00:21:02,739 --> 00:21:04,567 Isn't Golub part of the scam? 512 00:21:04,567 --> 00:21:05,916 He wasn't just part of it. 513 00:21:05,916 --> 00:21:07,440 He was the mastermind. 514 00:21:07,440 --> 00:21:09,877 But he didn't kill anyone. 515 00:21:09,877 --> 00:21:12,575 The problem is that he's demanding full immunity. 516 00:21:12,575 --> 00:21:15,361 Golub has run this con on two other desperate families 517 00:21:15,361 --> 00:21:17,928 with two other desperate refugee women. 518 00:21:17,928 --> 00:21:20,148 We can't just give him a free pass. 519 00:21:20,148 --> 00:21:21,323 I agree. 520 00:21:21,323 --> 00:21:23,934 My sister adopted a child from China. 521 00:21:23,934 --> 00:21:26,372 She was so anxious and vulnerable. 522 00:21:26,372 --> 00:21:29,331 To prey on people looking to create a family, 523 00:21:29,331 --> 00:21:30,506 it's repugnant. 524 00:21:30,506 --> 00:21:32,247 I'm not gonna reward someone like that. 525 00:21:32,247 --> 00:21:35,076 In fact, I want to open up a case against him. 526 00:21:35,076 --> 00:21:37,948 The victim's husband's gonna be your most emotional witness. 527 00:21:37,948 --> 00:21:39,646 Kick off your trial with him. 528 00:21:46,392 --> 00:21:49,220 Eileen and I met during freshman orientation 529 00:21:49,220 --> 00:21:52,223 at Georgetown. 530 00:21:52,223 --> 00:21:54,704 It was one of those "love at first sight" moments. 531 00:21:54,704 --> 00:21:57,054 And you wanted to start a family? 532 00:21:57,054 --> 00:21:59,883 Eileen had survived childhood cancer. 533 00:21:59,883 --> 00:22:01,450 She couldn't carry a baby, 534 00:22:01,450 --> 00:22:03,365 so we arranged to have our embryo 535 00:22:03,365 --> 00:22:05,411 implanted in a surrogate. 536 00:22:05,411 --> 00:22:10,024 That surrogate being the defendant, Darina Meleshko? 537 00:22:11,199 --> 00:22:12,853 Yes. 538 00:22:12,853 --> 00:22:16,509 Do you have any memory of what happened 539 00:22:16,509 --> 00:22:19,903 between you, your wife, and the defendant 540 00:22:19,903 --> 00:22:21,688 on January 15th of this year? 541 00:22:21,688 --> 00:22:24,038 The last thing I remember is coming home from dinner. 542 00:22:24,038 --> 00:22:26,083 Eileen went to see Darina 543 00:22:26,083 --> 00:22:28,129 to let her know that we were home, 544 00:22:28,129 --> 00:22:29,609 see if she needed anything. 545 00:22:29,609 --> 00:22:30,784 Was Darina there? 546 00:22:30,784 --> 00:22:31,828 I can only guess. 547 00:22:31,828 --> 00:22:34,396 Like I said, I don't remember. 548 00:22:36,442 --> 00:22:38,922 We trusted her, 549 00:22:38,922 --> 00:22:40,576 welcomed her into our home, 550 00:22:40,576 --> 00:22:41,882 treated her like family. 551 00:22:41,882 --> 00:22:43,100 I--I can't believe that she would 552 00:22:43,100 --> 00:22:44,667 do something like this to us. 553 00:22:44,667 --> 00:22:45,973 Objection. Not relevant. 554 00:22:45,973 --> 00:22:47,714 My baby is living in a prison. 555 00:22:47,714 --> 00:22:48,845 - Your Honor! - Mr. Porter. 556 00:22:48,845 --> 00:22:49,977 Please, Darina, just let me see her. 557 00:22:49,977 --> 00:22:51,326 I just want to hold her. 558 00:22:51,326 --> 00:22:54,416 Mr. Porter, there's no question before you, sir. 559 00:22:56,940 --> 00:22:59,290 Anything else, Mr. Price? 560 00:22:59,290 --> 00:23:01,945 No, I have nothing further. 561 00:23:01,945 --> 00:23:04,295 Cross examination. 562 00:23:08,648 --> 00:23:13,957 Is it possible that you startled my client, 563 00:23:13,957 --> 00:23:16,351 scared her, yelled at her? 564 00:23:16,351 --> 00:23:18,440 I never raised my voice with her before. 565 00:23:18,440 --> 00:23:20,834 But you must have been angry to see that she was leaving. 566 00:23:20,834 --> 00:23:22,009 You--you could have threatened her. 567 00:23:22,009 --> 00:23:23,010 I may have been angry. 568 00:23:23,010 --> 00:23:24,315 I doubt I threatened her. 569 00:23:24,315 --> 00:23:27,406 But you can't swear to that? 570 00:23:30,452 --> 00:23:32,541 Correct, I can't. 571 00:23:36,327 --> 00:23:39,635 Did Darina tell you about her life in Ukraine? 572 00:23:39,635 --> 00:23:42,638 A little. 573 00:23:42,638 --> 00:23:46,555 Did she talk about the Russian soldiers? 574 00:23:46,555 --> 00:23:49,863 Yes, she did. 575 00:23:49,863 --> 00:23:52,779 The constant barrage of gunfire, 576 00:23:52,779 --> 00:23:54,563 the unrelenting bombings? 577 00:23:54,563 --> 00:23:57,348 She did. 578 00:23:57,348 --> 00:23:59,655 Did Darina tell you she witnessed the death 579 00:23:59,655 --> 00:24:02,005 of her husband and young son? 580 00:24:02,005 --> 00:24:04,486 Your Honor, I fail to see the relevance. 581 00:24:04,486 --> 00:24:06,575 Sustained. 582 00:24:06,575 --> 00:24:09,099 Anything else? 583 00:24:10,536 --> 00:24:11,972 No, thank you. 584 00:24:14,278 --> 00:24:16,933 Dr. Thomas, did you perform the autopsy 585 00:24:16,933 --> 00:24:19,370 on the victim in this case, Eileen Porter? 586 00:24:19,370 --> 00:24:20,720 I did. 587 00:24:20,720 --> 00:24:22,330 What did you determine to be the cause of death? 588 00:24:22,330 --> 00:24:24,027 Blunt-force trauma to the head. 589 00:24:24,027 --> 00:24:27,117 Could you describe the nature and severity 590 00:24:27,117 --> 00:24:28,597 of Ms. Porter's wounds? 591 00:24:28,597 --> 00:24:29,946 She had eight separate and distinct attacks 592 00:24:29,946 --> 00:24:31,382 on her skull. 593 00:24:31,382 --> 00:24:34,864 And is it true that any one of those head wounds 594 00:24:34,864 --> 00:24:36,866 could have killed Ms. Porter? 595 00:24:36,866 --> 00:24:38,955 That is my opinion, yes. 596 00:24:38,955 --> 00:24:40,827 So would you characterize this attack 597 00:24:40,827 --> 00:24:43,394 as unnecessarily vicious? 598 00:24:43,394 --> 00:24:44,700 I would. 599 00:24:44,700 --> 00:24:45,701 Thank you, Doctor. 600 00:24:45,701 --> 00:24:47,921 I have nothing further. 601 00:24:47,921 --> 00:24:49,531 Ms. Stratford? 602 00:24:55,755 --> 00:24:57,974 Did this incident appear to be the result 603 00:24:57,974 --> 00:24:59,541 of rational thought? 604 00:24:59,541 --> 00:25:01,238 I'm not sure what you're asking. 605 00:25:01,238 --> 00:25:03,458 Then let me rephrase. 606 00:25:03,458 --> 00:25:06,417 Are you familiar with post-traumatic stress disorder? 607 00:25:06,417 --> 00:25:08,463 - I am. - Your Honor, may we approach? 608 00:25:13,163 --> 00:25:15,557 This doctor is not an expert in PTSD. 609 00:25:15,557 --> 00:25:18,778 And even if he were, what's the relevance? 610 00:25:18,778 --> 00:25:20,214 Where are you going with this, Ms. Stratford? 611 00:25:20,214 --> 00:25:21,868 We are changing our defense. 612 00:25:21,868 --> 00:25:23,130 To what? 613 00:25:23,130 --> 00:25:26,046 Not guilty by reason of insanity. 614 00:25:26,046 --> 00:25:29,049 This is trial by ambush. 615 00:25:29,049 --> 00:25:30,833 The defense realizes we have a strong case, 616 00:25:30,833 --> 00:25:33,314 so they've decided to completely change course. 617 00:25:33,314 --> 00:25:35,664 We are allowed to present any defense we choose. 618 00:25:35,664 --> 00:25:37,144 Sure, if you provide notice 619 00:25:37,144 --> 00:25:39,538 and comply with the rules of discovery. 620 00:25:39,538 --> 00:25:41,583 I don't condone their tactics, 621 00:25:41,583 --> 00:25:44,586 but I can't deny the defense an opportunity 622 00:25:44,586 --> 00:25:47,546 to present relevant evidence and witnesses. 623 00:25:47,546 --> 00:25:50,810 I will give you time to prepare, Mr. Price. 624 00:25:50,810 --> 00:25:53,116 Ladies and gentlemen, we're adjourned for the day. 625 00:26:00,863 --> 00:26:03,562 Dr. Galen, are you a board-certified psychiatrist 626 00:26:03,562 --> 00:26:04,954 with a practice in New York? 627 00:26:04,954 --> 00:26:06,260 I am. 628 00:26:06,260 --> 00:26:08,958 I specialize in the neurobiology of trauma. 629 00:26:08,958 --> 00:26:11,047 And did you conduct a forensic examination 630 00:26:11,047 --> 00:26:12,483 of my client? 631 00:26:12,483 --> 00:26:15,225 The National Center for PTSD has a standard set 632 00:26:15,225 --> 00:26:18,533 of questions used to evaluate the intensity 633 00:26:18,533 --> 00:26:20,448 and frequency of symptoms. 634 00:26:20,448 --> 00:26:22,015 I administered that test, 635 00:26:22,015 --> 00:26:25,322 and I asked Ms. Meleshko about her life. 636 00:26:25,322 --> 00:26:27,542 What did Darina tell you? 637 00:26:27,542 --> 00:26:28,978 Darina was a preschool teacher. 638 00:26:28,978 --> 00:26:31,285 Her husband was an engineer. 639 00:26:31,285 --> 00:26:33,722 They lived in Kyiv with their infant son. 640 00:26:33,722 --> 00:26:37,770 When Ukraine was invaded, her home was bombed. 641 00:26:37,770 --> 00:26:39,902 Did Darina show you this photograph? 642 00:26:43,993 --> 00:26:45,038 Yes. 643 00:26:45,038 --> 00:26:46,430 She told me it was what her home 644 00:26:46,430 --> 00:26:48,694 looked like after the attack. 645 00:26:50,434 --> 00:26:54,874 Was Darina in the building at the time it was hit? 646 00:26:54,874 --> 00:26:58,834 Her husband was decapitated right in front of her. 647 00:26:58,834 --> 00:27:01,663 Her infant son was killed by a mortar. 648 00:27:03,056 --> 00:27:05,841 And Darina managed to survive? 649 00:27:05,841 --> 00:27:09,279 She and her mother went to a refugee shelter. 650 00:27:09,279 --> 00:27:12,413 Did all this have an effect on Darina? 651 00:27:12,413 --> 00:27:13,893 Most definitely. 652 00:27:13,893 --> 00:27:16,765 She has all of the classic symptoms of PTSD-- 653 00:27:16,765 --> 00:27:19,725 flashbacks, nightmares, intrusive thoughts. 654 00:27:19,725 --> 00:27:25,948 And can PTSD alter one's brain chemistry? 655 00:27:25,948 --> 00:27:30,649 It can increase vigilance, impulsivity, stress responses, 656 00:27:30,649 --> 00:27:32,172 and memory intrusions. 657 00:27:32,172 --> 00:27:35,262 Dr. Galen, in your professional opinion, 658 00:27:35,262 --> 00:27:39,440 did Darina's mental disease render her unable 659 00:27:39,440 --> 00:27:43,139 to understand the wrongfulness of her actions 660 00:27:43,139 --> 00:27:45,446 on January 15th? 661 00:27:45,446 --> 00:27:47,100 Yes. 662 00:27:47,100 --> 00:27:48,797 Thank you. 663 00:27:48,797 --> 00:27:50,712 Nothing further. 664 00:27:56,718 --> 00:28:00,417 Do you know that Tom and Eileen Porter, 665 00:28:00,417 --> 00:28:02,724 or the victims in this case, 666 00:28:02,724 --> 00:28:05,074 had no evidence of offensive wounds? 667 00:28:05,074 --> 00:28:06,597 No, I did not know that. 668 00:28:06,597 --> 00:28:07,947 All of the evidence in this case 669 00:28:07,947 --> 00:28:11,298 indicates that this was an unprovoked attack. 670 00:28:11,298 --> 00:28:15,737 Yes, but in Darina's mind, it was warranted. 671 00:28:15,737 --> 00:28:19,872 The defendant was never treated for PTSD. 672 00:28:19,872 --> 00:28:21,525 She's never complained about her symptoms 673 00:28:21,525 --> 00:28:23,745 until after she saw that 674 00:28:23,745 --> 00:28:25,573 the evidence against her was mounting. 675 00:28:25,573 --> 00:28:27,270 Objection. Argumentative. 676 00:28:27,270 --> 00:28:29,316 Overruled. 677 00:28:29,316 --> 00:28:32,667 Unfortunately, many of those who suffer from the disorder 678 00:28:32,667 --> 00:28:34,713 do not seek professional help. 679 00:28:34,713 --> 00:28:38,151 Dr. Galen, according to UNICEF, 680 00:28:38,151 --> 00:28:42,982 5.2 million women are at risk of depression, 681 00:28:42,982 --> 00:28:47,508 anxiety, and PTSD due to the Ukrainian-Russian War. 682 00:28:47,508 --> 00:28:49,423 As far as I know, 683 00:28:49,423 --> 00:28:52,818 none of them have committed this kind of atrocity. 684 00:28:52,818 --> 00:28:53,862 Objection. 685 00:28:53,862 --> 00:28:56,691 Sustained. 686 00:28:56,691 --> 00:28:58,345 Anything else? 687 00:29:00,521 --> 00:29:03,350 No, thank you. 688 00:29:13,142 --> 00:29:16,537 I've been reading about our defendant's life in Ukraine. 689 00:29:16,537 --> 00:29:18,713 Seems pretty tragic. 690 00:29:18,713 --> 00:29:20,846 I think we should consider a plea. 691 00:29:23,152 --> 00:29:26,242 I don't want to diminish what she's been through. 692 00:29:26,242 --> 00:29:30,638 But I just don't think she was legally insane. 693 00:29:30,638 --> 00:29:32,118 Everything she did before and after 694 00:29:32,118 --> 00:29:33,815 the attack was intentional, 695 00:29:33,815 --> 00:29:36,731 required rational thought and planning. 696 00:29:36,731 --> 00:29:38,777 She was in survival mode. 697 00:29:40,082 --> 00:29:42,998 My parents and grandparents fled Lebanon 698 00:29:42,998 --> 00:29:46,915 during the civil war, and I saw what it did to them. 699 00:29:46,915 --> 00:29:48,917 I'm sure they went through hell, 700 00:29:48,917 --> 00:29:50,745 but they didn't turn around and bludgeon 701 00:29:50,745 --> 00:29:52,399 innocent people to death with a hammer. 702 00:29:52,399 --> 00:29:55,663 All I'm saying is that the trauma exists. 703 00:29:55,663 --> 00:29:57,796 And it has a residual effect. 704 00:29:59,275 --> 00:30:02,061 What do you think we should do with her? 705 00:30:02,061 --> 00:30:03,497 I don't think she should be spending 706 00:30:03,497 --> 00:30:05,238 the next 25 years in prison. 707 00:30:05,238 --> 00:30:09,895 Eileen Porter died a horrific, painful death. 708 00:30:09,895 --> 00:30:12,680 And Tom Porter easily could have died. 709 00:30:12,680 --> 00:30:15,117 I've been consulting with some local refugee 710 00:30:15,117 --> 00:30:16,815 and resettlement organizations. 711 00:30:16,815 --> 00:30:18,729 They make a strong case that Darina 712 00:30:18,729 --> 00:30:21,254 is a victim of global violence, 713 00:30:21,254 --> 00:30:24,170 that we should treat her accordingly. 714 00:30:25,649 --> 00:30:27,434 I tend to agree. 715 00:30:29,131 --> 00:30:32,352 Call her lawyer, see what you can work out. 716 00:30:36,312 --> 00:30:41,317 We are prepared to offer Man One, 15 years. 717 00:30:43,929 --> 00:30:45,931 We're willing to accept five years 718 00:30:45,931 --> 00:30:49,282 and help with immigration. 719 00:30:49,282 --> 00:30:52,938 Darina isn't a citizen, which means after 720 00:30:52,938 --> 00:30:54,678 she serves her sentence, she's likely to be 721 00:30:54,678 --> 00:30:56,202 deported back to Ukraine. 722 00:30:56,202 --> 00:30:58,030 Please, I can't go back there. 723 00:30:58,030 --> 00:31:00,206 I can't agree to five years. 724 00:31:00,206 --> 00:31:03,122 And we don't have control over the immigration process. 725 00:31:03,122 --> 00:31:04,993 Surely you can make some calls. 726 00:31:07,126 --> 00:31:10,390 We have something else to offer. 727 00:31:12,131 --> 00:31:14,307 If you agree to the terms, 728 00:31:14,307 --> 00:31:16,918 Darina is willing to terminate her parental rights 729 00:31:16,918 --> 00:31:21,314 and give her baby to Tom Porter. 730 00:31:21,314 --> 00:31:23,403 The baby already belongs to Tom Porter. 731 00:31:23,403 --> 00:31:26,928 No, Darina signed the birth certificate. 732 00:31:30,149 --> 00:31:33,021 Tom was in a coma when the baby was born. 733 00:31:33,021 --> 00:31:34,501 It's his child. 734 00:31:34,501 --> 00:31:36,155 According to the state of New York, 735 00:31:36,155 --> 00:31:38,679 Darina is the only parent of record. 736 00:31:47,818 --> 00:31:49,168 I don't understand. 737 00:31:49,168 --> 00:31:50,386 I did the research myself. 738 00:31:50,386 --> 00:31:52,954 The paperwork can be filed at any time 739 00:31:52,954 --> 00:31:54,956 before or after the baby is born. 740 00:31:54,956 --> 00:31:56,001 Darina gave birth. 741 00:31:56,001 --> 00:31:57,524 She signed the birth certificate. 742 00:31:57,524 --> 00:31:59,352 The law presumes the baby is hers. 743 00:31:59,352 --> 00:32:01,136 But we had an agreement. 744 00:32:01,136 --> 00:32:02,964 Darina changed her mind. 745 00:32:02,964 --> 00:32:05,619 She's not going to sign the papers. 746 00:32:05,619 --> 00:32:09,057 You can take it to court, challenge custody. 747 00:32:09,057 --> 00:32:10,972 That could take years. 748 00:32:10,972 --> 00:32:12,843 It'll cost money that I don't have. 749 00:32:12,843 --> 00:32:14,671 There's no guarantee that I would win. 750 00:32:14,671 --> 00:32:18,719 And in the meantime, I don't have access to my daughter? 751 00:32:18,719 --> 00:32:20,851 She'll be living in a prison. 752 00:32:20,851 --> 00:32:22,549 In a prison. 753 00:32:22,549 --> 00:32:26,727 Darina is asking us to give her five years 754 00:32:26,727 --> 00:32:29,686 for what she did to you and to your wife. 755 00:32:29,686 --> 00:32:33,255 I haven't even held my baby yet. 756 00:32:36,345 --> 00:32:40,567 This is going to be her nursery. 757 00:32:40,567 --> 00:32:44,527 I want to give her a name, baptize her. 758 00:32:49,358 --> 00:32:54,537 Please, I'm begging you, make the deal. 759 00:32:54,537 --> 00:32:57,888 Please, Mr. Price, give her whatever she wants. 760 00:32:57,888 --> 00:33:00,587 Just let me have my daughter. 761 00:33:05,679 --> 00:33:07,420 Five years is low, 762 00:33:07,420 --> 00:33:10,205 but it's what's best for the baby, 763 00:33:10,205 --> 00:33:12,729 and it's what the victim's husband wants. 764 00:33:12,729 --> 00:33:14,731 Well, he is desperate, but the defendant 765 00:33:14,731 --> 00:33:17,212 is essentially holding his baby hostage. 766 00:33:17,212 --> 00:33:20,128 I was hoping there was a deal to be made here, 767 00:33:20,128 --> 00:33:21,782 but I cannot allow someone 768 00:33:21,782 --> 00:33:24,393 to use a child as a bargaining chip. 769 00:33:24,393 --> 00:33:26,917 That's a line I can't cross. 770 00:33:26,917 --> 00:33:29,398 Then I will continue with the trial. 771 00:33:29,398 --> 00:33:31,400 Can you bring it home? 772 00:33:31,400 --> 00:33:35,622 They put on a strong defense, and it's about to get stronger. 773 00:33:35,622 --> 00:33:37,537 The defendant is gonna testify today. 774 00:33:37,537 --> 00:33:41,497 And like it or not, she is very sympathetic. 775 00:33:41,497 --> 00:33:43,151 I'm concerned it'll look like I'm beating up on 776 00:33:43,151 --> 00:33:45,762 a traumatized woman. 777 00:33:45,762 --> 00:33:48,722 There's a solution to that. 778 00:33:49,679 --> 00:33:52,639 You do the cross. 779 00:33:52,639 --> 00:33:54,336 Because I'm a woman? 780 00:33:54,336 --> 00:33:56,947 No. 781 00:33:56,947 --> 00:33:59,602 You've told me about your family's history. 782 00:33:59,602 --> 00:34:02,083 I think you have unique insight into Darina's 783 00:34:02,083 --> 00:34:04,607 backstory and her psyche. 784 00:34:04,607 --> 00:34:06,261 I'm not sure I'm comfortable with that. 785 00:34:06,261 --> 00:34:09,047 I'm not asking you to do anything unethical or illegal. 786 00:34:09,047 --> 00:34:10,222 I know, but-- 787 00:34:10,222 --> 00:34:13,964 Go into the courtroom and do your job. 788 00:34:13,964 --> 00:34:17,098 You're part of the team, and you need to step up. 789 00:34:22,277 --> 00:34:26,107 I thought Tom and Eileen would be out late. 790 00:34:26,107 --> 00:34:31,112 I was startled when Eileen came in and saw me packing. 791 00:34:31,112 --> 00:34:34,942 She confronted me, told me I couldn't leave. 792 00:34:34,942 --> 00:34:37,118 Did she physically prevent you from leaving? 793 00:34:37,118 --> 00:34:38,641 Did she block your path? 794 00:34:38,641 --> 00:34:41,514 Yes, she yelled, 795 00:34:41,514 --> 00:34:44,386 said she was going to call the authorities, 796 00:34:44,386 --> 00:34:47,650 get me deported. 797 00:34:47,650 --> 00:34:48,999 I panicked. 798 00:34:48,999 --> 00:34:52,742 I didn't want to go back to Ukraine. 799 00:34:52,742 --> 00:34:56,181 There was a hammer on the dresser. 800 00:34:56,181 --> 00:34:57,660 So you hit her? 801 00:34:59,140 --> 00:35:00,837 Yes. 802 00:35:02,839 --> 00:35:06,278 And Tom must have heard what was going on. 803 00:35:06,278 --> 00:35:10,760 He came in, started yelling, grabbing at me. 804 00:35:10,760 --> 00:35:14,112 And so I hit him too. 805 00:35:14,112 --> 00:35:18,116 You thought you were under attack? 806 00:35:18,116 --> 00:35:21,162 Yes. 807 00:35:21,162 --> 00:35:23,164 Your witness. 808 00:35:34,262 --> 00:35:37,483 Ms. Meleshko, 809 00:35:37,483 --> 00:35:40,529 what exactly did Tom and Eileen say 810 00:35:40,529 --> 00:35:43,619 that made you feel threatened? 811 00:35:43,619 --> 00:35:45,795 That they were going to call the police. 812 00:35:45,795 --> 00:35:48,494 Did they say you couldn't leave? 813 00:35:48,494 --> 00:35:49,886 Yes. 814 00:35:49,886 --> 00:35:52,062 And that triggered you? 815 00:35:52,062 --> 00:35:53,368 It did. 816 00:35:56,241 --> 00:36:00,070 So you're saying that 817 00:36:00,070 --> 00:36:03,117 that made you feel like you were under attack? 818 00:36:03,117 --> 00:36:05,163 Yes. 819 00:36:11,386 --> 00:36:14,172 Ask for a recess. 820 00:36:14,172 --> 00:36:15,738 Do it now. 821 00:36:17,914 --> 00:36:21,396 Your Honor, may we have a brief recess? 822 00:36:21,396 --> 00:36:23,485 Let's all stretch our legs. 823 00:36:23,485 --> 00:36:24,834 Be back in 15 minutes. 824 00:36:38,108 --> 00:36:40,023 What the hell is going on? 825 00:36:40,023 --> 00:36:42,635 You're lobbing them softballs. 826 00:36:43,853 --> 00:36:45,942 Are you intentionally throwing the case? 827 00:36:45,942 --> 00:36:49,250 No, I'm doing the best I can. 828 00:36:49,250 --> 00:36:50,991 Really? 829 00:36:54,429 --> 00:36:57,650 One of my earliest childhood memories, 830 00:36:57,650 --> 00:37:00,130 it was this massive power outage, 831 00:37:00,130 --> 00:37:01,654 and the whole city went dark. 832 00:37:01,654 --> 00:37:03,743 My father instinctively packed our bags, 833 00:37:03,743 --> 00:37:05,397 got us all in the car. 834 00:37:05,397 --> 00:37:08,313 My family was halfway to Canada when the lights went back on. 835 00:37:08,313 --> 00:37:13,274 My point is my parents believed we were under attack. 836 00:37:13,274 --> 00:37:16,059 You need to find a way to put your personal feelings aside. 837 00:37:17,974 --> 00:37:20,281 I'm not sure I can. 838 00:37:22,196 --> 00:37:25,330 Last year, I tried a death penalty case. 839 00:37:25,330 --> 00:37:29,159 I advocated in favor 840 00:37:29,159 --> 00:37:33,033 of sentencing a man to his death. 841 00:37:33,033 --> 00:37:36,297 That went against everything I stood for. 842 00:37:36,297 --> 00:37:37,472 Why'd you do it? 843 00:37:37,472 --> 00:37:41,084 McCoy told me to. 844 00:37:41,084 --> 00:37:45,306 And he had every right to do so. 845 00:37:47,265 --> 00:37:50,398 You and I, we serve at the pleasure 846 00:37:50,398 --> 00:37:51,834 of the district attorney. 847 00:37:51,834 --> 00:37:55,011 We are part of his team. 848 00:37:55,011 --> 00:37:57,318 When push comes to shove, he calls the shots. 849 00:37:57,318 --> 00:38:01,714 So you have two choices-- 850 00:38:01,714 --> 00:38:04,064 tender your resignation 851 00:38:04,064 --> 00:38:07,372 or figure out a way to rise to the occasion. 852 00:38:13,465 --> 00:38:16,294 Ms. Meleshko, before we went on a break, 853 00:38:16,294 --> 00:38:19,384 I was asking you about your state of mind. 854 00:38:19,384 --> 00:38:21,386 Yes, I remember. 855 00:38:21,386 --> 00:38:24,780 You were saying that you felt like you were under attack? 856 00:38:24,780 --> 00:38:26,608 Yes. 857 00:38:26,608 --> 00:38:31,091 And that is based on your experience from Ukraine? 858 00:38:31,091 --> 00:38:33,093 Yes. 859 00:38:39,229 --> 00:38:42,972 Now I'd like to turn to the victims. 860 00:38:42,972 --> 00:38:46,933 When you were bashing Eileen Porter in the head, 861 00:38:46,933 --> 00:38:49,065 did you happen to notice that brain matter 862 00:38:49,065 --> 00:38:50,893 was seeping out of her skull? 863 00:38:53,722 --> 00:38:57,030 No, I didn't. 864 00:38:57,030 --> 00:39:01,730 Did she cry out in pain, beg you to stop hurting her? 865 00:39:03,515 --> 00:39:05,081 I wasn't in my right mind. 866 00:39:05,081 --> 00:39:06,605 But you were thinking clearly enough 867 00:39:06,605 --> 00:39:09,042 to wash Tom and Eileen's blood off your hands. 868 00:39:09,042 --> 00:39:10,086 It wasn't like that. 869 00:39:10,086 --> 00:39:11,392 And you washed the hammer, 870 00:39:11,392 --> 00:39:13,742 tried to get rid of your fingerprints, DNA. 871 00:39:13,742 --> 00:39:15,178 I was afraid. 872 00:39:15,178 --> 00:39:17,398 You were afraid of getting caught. 873 00:39:17,398 --> 00:39:21,446 So you destroyed evidence, then you fled the scene. 874 00:39:21,446 --> 00:39:23,273 You left Eileen Porter dead. 875 00:39:23,273 --> 00:39:25,406 You left Tom Porter bleeding out. 876 00:39:25,406 --> 00:39:26,755 You didn't call for help. 877 00:39:26,755 --> 00:39:28,061 I wish I had. 878 00:39:28,061 --> 00:39:30,019 And if that wasn't bad enough, the next day, 879 00:39:30,019 --> 00:39:32,674 you went to Riverdale to sell their baby 880 00:39:32,674 --> 00:39:33,849 to a couple with more money. 881 00:39:33,849 --> 00:39:35,329 Isn't that true? 882 00:39:37,418 --> 00:39:39,420 Isn't that true? 883 00:39:44,556 --> 00:39:46,775 I have no more questions for this witness. 884 00:40:13,802 --> 00:40:16,239 Members of the jury, in the matter of 885 00:40:16,239 --> 00:40:21,070 People versus Darina Meleshko, how do you find? 886 00:40:21,070 --> 00:40:24,639 We find the defendant guilty. 887 00:40:26,380 --> 00:40:29,514 Members of the jury, thank you for your service. 888 00:40:29,514 --> 00:40:30,776 We are adjourned. 889 00:40:42,614 --> 00:40:44,703 Nice work. 890 00:40:51,797 --> 00:40:55,235 So what does all this mean? 891 00:40:56,671 --> 00:41:00,196 Well, it means that we got justice for your wife. 892 00:41:00,196 --> 00:41:03,025 I know, but what about my little girl? 893 00:41:03,025 --> 00:41:05,288 What does this mean for her? 894 00:41:07,726 --> 00:41:10,076 I don't know. 64755

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