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NARRATOR:
In the criminal justice system
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00:00:02,702 --> 00:00:06,604
the people are represented by two
separate yet equally important groups,
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00:00:06,673 --> 00:00:08,470
the police who investigate crime
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00:00:08,541 --> 00:00:11,339
and the district attorneys
who prosecute the offenders.
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These are their stories.
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We don't serve
quiche, young miss.
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I hate quiche.
Do you have any coffee?
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Yes. I'll even charge you $3.75 if
it'll make you feel more at home.
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I appreciate that, but no special
treatment required, or foam.
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Just lots of sugar.
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Black's fine.
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What language is that?
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Advanced Chemistry,
but it might as well be Greek.
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Yeah, my boy took that.
Now he's, uh, washing dishes.
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(CELL PHONE RINGS)
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I'm already here. The
question is, where are you?
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Okay.
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Stood you up, huh?
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How much?
Oh, coffee's free.
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Conversation's a buck.
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Thanks.
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Anybody need a refill?
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WOMAN: Hmm, yes, please.
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(TIRES SQUEALING)
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(WOMAN SCREAMS)
(COLLISION)
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(CAR SPEEDING AWAY)
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You see here, how this starts
out dark and gets lighter?
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That's made by a tire
spinning under acceleration.
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So you're saying some dude was just
waiting for her to hit his crosshairs?
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Ready, aim, fire.
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Detectives,
got a witness over there.
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Cabbie stopped at a red light,
he saw the whole thing.
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The girl came out
of that diner over there.
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You want to take the diner?
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Yeah, I could use
a cup of coffee.
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So?
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She seemed like a nice kid.
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You knew her?
No.
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She left 2 bucks on a dollar cup of
coffee, which she didn't even touch.
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Doesn't say much
for your coffee.
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Well, she was supposed
to meet somebody.
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Did you get an idea who?
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No, but I overheard her on her cell phone.
I couldn't catch a name.
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Okay, thanks.
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MIGDAL: My guess, back's
broken, skull's crushed.
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She was definitely DOA.
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She doesn't look more than 18.
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Emily Milius, 17 next month.
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This might have been her cell.
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00:02:03,723 --> 00:02:06,191
Well, I guess star-69's
out of the question.
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You can still order LUDS.
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Gee, we should have gone
to medical school.
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Anyway, our guy was driving a Saturn.
Green, maybe blue.
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Emily went to
Rockingham Day School.
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It's a private girls' school
down on Park Avenue.
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What the hell was she doing
all the way up here?
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You mean other than
being a crash dummy? Ripped By mstoll
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(WOMAN GASPS)
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No!
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Mrs. Milius?
Can I get you some water?
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Maybe if you sat down
over here...
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Why did this happen?
How did this happen?
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Oh, my husband is gonna die.
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Can you think of any reason why your daughter
was up in Washington Heights last night?
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Washington Heights?
No. No. She was with Blair.
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She called me from there.
Gramercy Park.
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Was it a drunk?
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We're not sure yet.
Oh, this is not good.
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This is not good at all.
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When Ronald
comes home tonight...
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Oh, God, what a mess!
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Oh, Mrs. Milius, we're gonna get
somebody to take you home, okay?
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(SOBBING) Yeah.
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ALSTON: I wonder,should we close the school?
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That would be up to you. The City
does provide grief counselors.
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Yes. Well, naturally, we'll
take care of that ourselves.
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How can I help?
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We were wondering if Emily
had a friend named Blair.
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Blair Silverman.
Yes, they were very close.
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Why do you ask? I thought
this was a hit and run.
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Well, we have to cover
all the bases.
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ALSTON: Surely, you don't think
this was done on purpose.
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We don't know yet.
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Well, I do.
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Rockingham is one of the
finest schools in the city.
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And Emily wasn't just popular,
she was gifted, generous.
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No offense, ma'am, but I don't think
she was uptown handing out turkeys.
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I know what you're insinuating.
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Emily was the captain
of our lacrosse team.
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00:05:00,700 --> 00:05:04,466
Her biggest problem was deciding
between Yale and Harvard.
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00:05:04,537 --> 00:05:06,266
There is no way
she was on drugs.
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ED: Of course not.
Her friend, Blair Silverman?
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We were wondering
if we could talk to her.
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00:05:10,610 --> 00:05:11,975
Of course.
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Emily's mom said you
two were pretty tight.
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Like sisters.
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Caroline, I mean, Mrs. Milius,
was my second mom.
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00:05:22,021 --> 00:05:24,285
So you and Emily were out
together last night?
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00:05:24,357 --> 00:05:25,957
I've been grounded
for the past six weeks
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for staying out all night
at a rave.
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Mom number one didn't like it.
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ED: Ecstasy, huh?
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What's going on?
Are you two narcs?
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00:05:34,934 --> 00:05:38,927
We're just wondering why Emily would tell
her mom she was with you in Gramercy Park
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when she was up on 187th street.
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00:05:41,474 --> 00:05:44,637
Look, we did E maybe twice.
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00:05:45,011 --> 00:05:47,070
It's not like we're druggies
or anything.
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It's actually perfectly age-appropriate.
Ask any shrink.
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00:05:50,516 --> 00:05:53,417
Anyway, if Emily wanted to
score, there were other ways.
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BRISCOE: For instance?
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Maddi Donlou.
You know, one of our tokens.
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Poor people.
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She lives uptown someplace.
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00:06:06,399 --> 00:06:09,835
I really liked Emily,
respected her.
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00:06:09,902 --> 00:06:12,632
We were friends, I mean...
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00:06:13,039 --> 00:06:16,475
It's just that she wasn't doing
so well in Advanced Chemistry.
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She asked me to help.
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00:06:17,610 --> 00:06:21,137
It's a long way to go for some lab notes.
I'm not buying it.
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00:06:21,214 --> 00:06:25,048
If you didn't want your dad to know
that you're about to fail, you would.
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00:06:25,118 --> 00:06:30,055
Her father's some kind of bigwig
at a pharmaceutical company.
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00:06:30,256 --> 00:06:33,714
She was supposed to walk
in his shoes.
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What about boyfriends?
Was she seeing anybody?
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00:06:36,696 --> 00:06:39,028
Todd Block.
He's at Stanford.
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00:06:39,098 --> 00:06:41,862
Stanford? That must've
made her dad smile.
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She wished.
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Mr. Milius wouldn't even let Emily
see Todd over Thanksgiving.
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00:06:48,941 --> 00:06:50,966
I really...
I have to go.
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00:06:51,043 --> 00:06:52,043
ED: Okay, thank you.
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00:06:54,614 --> 00:06:57,583
Emily was smart, rich, pretty.
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00:06:57,650 --> 00:07:00,642
Getting dumped by a girl like
that would sure piss me off.
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00:07:00,720 --> 00:07:04,315
Well, let's go see the mom, see if
she's in a more talkative mood.
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00:07:05,525 --> 00:07:07,152
In other words,
you have nothing.
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00:07:07,226 --> 00:07:08,523
It's a drunk driver, Ronald.
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00:07:08,594 --> 00:07:10,528
It's not like they're
gonna find fingerprints.
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00:07:10,596 --> 00:07:12,120
Your wife has a point, sir.
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00:07:12,198 --> 00:07:14,564
MR. MILIUS: Do we actually
know it was a drunk driver?
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00:07:14,634 --> 00:07:16,234
Okay, hit and run,
what's the difference?
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00:07:16,235 --> 00:07:17,759
There's a difference!
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00:07:21,407 --> 00:07:22,738
I'm sorry.
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00:07:23,009 --> 00:07:24,772
This whole thing,
you can't imagine.
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00:07:24,844 --> 00:07:26,277
BRISCOE: Actually, I can.
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00:07:27,113 --> 00:07:30,048
You don't know who to
be mad at, do you?
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00:07:30,116 --> 00:07:32,356
Uh, if you don't mind, we'd
like to ask you some questions
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about Emily's boyfriend.
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00:07:35,087 --> 00:07:36,247
She doesn't have one.
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00:07:36,322 --> 00:07:38,916
What does that have
to do with anything?
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00:07:39,058 --> 00:07:40,616
You don't think
this was an accident?
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00:07:40,726 --> 00:07:43,490
There is some evidence
that it might not be.
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00:07:43,930 --> 00:07:46,660
Oh, my God.
ED: Somebody named Todd?
150
00:07:47,099 --> 00:07:49,431
No. There's no way
Todd would hurt her.
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00:07:49,669 --> 00:07:51,899
Mr. Milius, we heard that
you didn't care for him.
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00:07:52,405 --> 00:07:54,168
She was only 17.
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00:07:54,640 --> 00:07:56,733
What was he doing with her?
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00:08:00,346 --> 00:08:03,338
I ain't saying he killed her, but there
was something off about that guy.
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Off, how?
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00:08:04,550 --> 00:08:06,643
It was like he wanted it
to be a drunk driver.
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00:08:06,719 --> 00:08:07,913
You checked the boyfriend out?
(CELL PHONE RINGS)
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00:08:07,987 --> 00:08:10,683
He hasn't been on a plane
since the semester started.
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00:08:10,756 --> 00:08:13,486
I think you're way off base.
Briscoe.
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00:08:14,160 --> 00:08:15,889
Sure. Where?
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00:08:16,162 --> 00:08:19,131
Half an hour. Hey, maybe
not that far off base.
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00:08:19,232 --> 00:08:22,326
Ronald Milius wants to
talk with us privately.
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MR. MILIUS: It's just that
Caroline would never understand.
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00:08:25,738 --> 00:08:27,535
I'm not sure we do, either.
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00:08:27,640 --> 00:08:30,905
I'm the CFO of a Fortune
500 corporation.
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00:08:30,977 --> 00:08:33,138
I personally audited
the books of my company,
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00:08:33,212 --> 00:08:34,873
Frasier & Frasier
Pharmaceuticals.
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00:08:34,947 --> 00:08:37,177
Which is just two baby steps
away from bankruptcy.
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00:08:37,250 --> 00:08:39,013
Because of you?
No.
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00:08:39,585 --> 00:08:42,019
The CEO and the rest
of his foursome,
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00:08:42,121 --> 00:08:44,180
they're being investigated
for illegally pocketing
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hundreds of millions of dollars.
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00:08:45,725 --> 00:08:48,592
And you have evidence
incriminating them?
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00:08:48,661 --> 00:08:52,153
The Feds promised me if I cooperated,
my name would be kept out of it.
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00:08:52,231 --> 00:08:54,426
Do you think they killed
Emily to shut you up?
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00:08:54,500 --> 00:08:57,298
You're the ones that said
it wasn't an accident.
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00:08:57,370 --> 00:08:59,668
Who else would want to hurt her?
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00:09:00,973 --> 00:09:02,372
I shouldn't even
be talking to you.
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00:09:02,441 --> 00:09:04,534
Mr. Milius,
we're not done.
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00:09:06,412 --> 00:09:07,936
You'd think if they
wanted to keep him quiet,
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00:09:08,014 --> 00:09:10,346
he'd be the one facing the
front end of a Saturn.
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00:09:10,416 --> 00:09:11,781
It's too obvious.
183
00:09:11,851 --> 00:09:14,081
He still has his wife
to worry about.
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00:09:14,620 --> 00:09:15,712
Yeah.
185
00:09:16,455 --> 00:09:19,583
Okay, good. Do me a favor,
send that over to Forensics.
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00:09:19,659 --> 00:09:21,217
All right, thanks.
187
00:09:21,294 --> 00:09:24,058
Parking Violations, they just
found an abandoned green Saturn.
188
00:09:24,163 --> 00:09:27,155
Let me guess, there's a
dent in the front end.
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00:09:27,900 --> 00:09:29,060
ED:
Tell me something good, Borak.
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00:09:29,135 --> 00:09:31,535
My kid got a B+ in Spanish.
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00:09:31,904 --> 00:09:33,997
Oh, you mean about the car.
192
00:09:34,073 --> 00:09:35,199
That's an A.
193
00:09:35,274 --> 00:09:37,902
Fibers from the grill matched
fibers from your girl's sweater.
194
00:09:37,977 --> 00:09:40,241
Prints? More than you
can shake a stick at.
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00:09:40,313 --> 00:09:41,575
ED: Hey, life is good.
196
00:09:41,647 --> 00:09:43,137
Life is great.
197
00:09:44,317 --> 00:09:48,276
Car's registered to a Diane
Payton, 237 East 13th Street.
198
00:09:52,224 --> 00:09:53,589
MRS. PAYTON: Emily Milius?
199
00:09:53,659 --> 00:09:55,650
No, I don't think I know her.
200
00:09:55,728 --> 00:09:59,027
And you weren't up in
Washington Heights last night?
201
00:09:59,098 --> 00:10:01,931
I work in a greeting card
store in the Village.
202
00:10:02,001 --> 00:10:04,663
That'd be over an hour on the
subway during rush hour.
203
00:10:04,737 --> 00:10:06,227
Not if you had a car.
204
00:10:06,305 --> 00:10:07,305
Two hours, then.
205
00:10:07,373 --> 00:10:09,637
Well, your car's a green
Saturn, isn't it, Mrs. Payton?
206
00:10:09,709 --> 00:10:11,109
Oh, my God. There's
been an accident?
207
00:10:11,177 --> 00:10:12,610
Please don't tell me
Danny was hurt.
208
00:10:12,678 --> 00:10:13,678
Danny?
209
00:10:13,746 --> 00:10:16,146
My son. He's had the car
the last couple of days.
210
00:10:16,215 --> 00:10:17,512
Oh, my God.
He's hurt.
211
00:10:17,583 --> 00:10:18,777
No, no.
212
00:10:18,851 --> 00:10:21,217
We think he may have
witnessed a hit and run.
213
00:10:21,287 --> 00:10:24,518
Uh, if you could give us his
address, we'd like to talk to him.
214
00:10:24,624 --> 00:10:26,387
Oh, okay.
215
00:10:27,259 --> 00:10:28,259
(KNOCKING)
216
00:10:28,427 --> 00:10:29,792
Mr. Payton.
217
00:10:31,297 --> 00:10:33,197
Danny Payton, police.
218
00:10:33,265 --> 00:10:34,459
Do it.
219
00:10:38,771 --> 00:10:40,033
If you don't mind.
220
00:10:40,106 --> 00:10:42,700
Who is this guy,
Frosty the Snowman?
221
00:10:44,210 --> 00:10:45,210
Ed!
222
00:10:47,580 --> 00:10:49,775
He's Frosty, all right.
223
00:10:58,257 --> 00:11:01,192
ED: All the windows in this
guy's apartment were wide open.
224
00:11:01,260 --> 00:11:02,557
So he liked fresh air.
225
00:11:02,628 --> 00:11:06,155
That, or we're dealing with somebody
with experience in the Forensic arts.
226
00:11:06,232 --> 00:11:09,258
The M.E. Couldn't use body temp
to approximate the time of death.
227
00:11:09,335 --> 00:11:10,335
Murder weapon?
228
00:11:10,403 --> 00:11:12,735
We found a carving knife
in the dish rack.
229
00:11:12,805 --> 00:11:14,898
Well, at least our
bad guy's tidy.
230
00:11:14,974 --> 00:11:17,101
Danny Payton's prints
were all over that car.
231
00:11:17,176 --> 00:11:19,644
You're thinking Danny
was hired to hit Emily Milius?
232
00:11:19,712 --> 00:11:22,306
And whoever hired him, decided
he was no longer useful
233
00:11:22,381 --> 00:11:24,246
to Frasier & Frasier
Pharmaceuticals.
234
00:11:24,450 --> 00:11:26,145
Is there proof of any of this?
235
00:11:26,218 --> 00:11:27,549
Danny didn't have a record.
236
00:11:27,620 --> 00:11:30,111
Yeah, we'd check his LUDS, but
he didn't have a phone, either.
237
00:11:30,189 --> 00:11:33,420
He certainly doesn't sound like
someone I'd hire for a hit.
238
00:11:33,726 --> 00:11:34,886
Talk to people who knew him.
239
00:11:34,960 --> 00:11:36,928
His super said
he never got any visitors.
240
00:11:36,996 --> 00:11:40,557
Well, maybe his mother kept
tabs on his social schedule.
241
00:11:41,934 --> 00:11:45,768
After the morgue, I didn't know
what to do, so I went to work.
242
00:11:47,573 --> 00:11:49,541
Mr. Lawson sent me home.
243
00:11:50,910 --> 00:11:52,241
Who would...
244
00:11:52,745 --> 00:11:56,511
We thought if you could tell us the
names of some of his friends...
245
00:11:56,615 --> 00:11:57,775
I don't know.
246
00:11:58,918 --> 00:12:00,408
I mean, Danny,
247
00:12:02,188 --> 00:12:04,156
he was, kind of, a loner.
248
00:12:06,625 --> 00:12:09,423
This is my fault.
I didn't like to pry.
249
00:12:10,262 --> 00:12:13,356
We had breakfast
yesterday before work.
250
00:12:14,834 --> 00:12:17,496
Since Danny's dad left us...
251
00:12:17,570 --> 00:12:19,197
When was that?
252
00:12:19,271 --> 00:12:20,795
MRS. PAYTON:
When Danny was 12.
253
00:12:21,307 --> 00:12:25,175
Every week we've had
at least one meal together.
254
00:12:27,713 --> 00:12:30,375
If he was in trouble,
I should have known.
255
00:12:30,449 --> 00:12:32,508
He should have been able
to talk to me.
256
00:12:32,618 --> 00:12:34,142
I don't think
it would have mattered.
257
00:12:34,220 --> 00:12:37,485
I don't make much money,
but if he owed someone...
258
00:12:37,556 --> 00:12:40,286
ED: What makes you think
that he was in debt?
259
00:12:41,527 --> 00:12:44,690
Twenty-one-years-old and
still making minimum wage.
260
00:12:50,102 --> 00:12:51,626
CHUCK: As far as I know,there's no law
261
00:12:51,704 --> 00:12:53,264
that says I have to
employ crack addicts.
262
00:12:53,305 --> 00:12:54,397
You're sure he was on the stuff?
263
00:12:54,473 --> 00:12:56,998
Man, crack, uppers, downers,
what do I know?
264
00:12:57,076 --> 00:12:58,338
You know,
he should have been smarter
265
00:12:58,410 --> 00:13:00,935
than to do that stuff in front
of my place of business, here.
266
00:13:01,013 --> 00:13:02,571
Hey, Cazzie, give me that.
I'll tell you something.
267
00:13:02,648 --> 00:13:04,548
I thought the guy
was gonna work out, too.
268
00:13:04,617 --> 00:13:07,211
You know, he's kind of nice,
polite, worked his butt off.
269
00:13:07,286 --> 00:13:09,652
Then one day he's, like,
whacked out of his skull.
270
00:13:09,722 --> 00:13:12,418
He scared two of my customers out of here
before they even got out of the car.
271
00:13:12,491 --> 00:13:15,392
But when he was sober, did
he ever mention any friends?
272
00:13:15,461 --> 00:13:16,951
No. We never got
that close, sir.
273
00:13:17,029 --> 00:13:19,862
Cazzie... Excuse me.
Cazzie, what is this?
274
00:13:20,499 --> 00:13:22,933
You got a habit to feed
but you're busted.
275
00:13:23,002 --> 00:13:27,029
All you have to do is run down this anonymous
girl and you're back on cloud nine.
276
00:13:27,106 --> 00:13:29,199
Maybe the M.E.'s got something
by now.
277
00:13:29,275 --> 00:13:33,712
Seven stab wounds,
most likely made by this.
278
00:13:34,613 --> 00:13:36,774
No defensive wounds.
Nothing under his nails.
279
00:13:36,849 --> 00:13:38,749
Nobody just lies there
and takes it.
280
00:13:38,818 --> 00:13:40,012
Somebody sleeping would.
281
00:13:40,085 --> 00:13:41,643
Or somebody stoned
out of his mind.
282
00:13:41,720 --> 00:13:43,654
No, not this guy.
283
00:13:43,722 --> 00:13:46,054
Tox screen was negative.
284
00:13:46,826 --> 00:13:49,556
I don't know. This many stab wounds
usually means a crime of passion.
285
00:13:49,628 --> 00:13:51,721
Or somebody wanted it
to look that way.
286
00:13:51,797 --> 00:13:52,991
No, I don't think so.
287
00:13:53,399 --> 00:13:56,732
These two are superficial. What
we call hesitation wounds.
288
00:13:57,469 --> 00:13:59,130
Not only was your
bad guy not a pro,
289
00:13:59,205 --> 00:14:01,571
he wasn't sure he wanted to
do what he was about to do.
290
00:14:01,640 --> 00:14:03,335
Well, he eventually
made up his mind.
291
00:14:03,409 --> 00:14:04,409
ED: Is this his?
292
00:14:04,476 --> 00:14:06,239
Yeah. It's on its
way up to Forensics.
293
00:14:06,312 --> 00:14:08,405
This is a
self-winding watch.
294
00:14:08,480 --> 00:14:10,243
And it stopped
at 5:00 p.m. Yesterday.
295
00:14:10,316 --> 00:14:13,808
I doubt if he was swinging his arm
up and down, being that he was dead.
296
00:14:13,919 --> 00:14:16,752
That's right, but these watches
run 18 hours, more or less,
297
00:14:16,822 --> 00:14:19,416
without movement, meaning
that the time of death
298
00:14:19,491 --> 00:14:21,356
would have been 11:00
the night before.
299
00:14:21,427 --> 00:14:25,523
Makes it pretty tough for him to be
eating scrambled eggs with Mom yesterday.
300
00:14:27,166 --> 00:14:29,430
We're following up
on a few leads.
301
00:14:29,501 --> 00:14:30,525
Who?
302
00:14:30,603 --> 00:14:34,835
I'm sorry. I can't disclose that information
right now. I'm sure you understand.
303
00:14:35,908 --> 00:14:39,605
You know what I understand?
I understand grief.
304
00:14:40,813 --> 00:14:44,180
You have to tell me. Is this
because of Ronald's company?
305
00:14:44,783 --> 00:14:47,115
Yes, I know all about it.
He told me.
306
00:14:47,186 --> 00:14:50,519
We're just not sure yet, Mrs.
Milius.
307
00:14:57,696 --> 00:14:59,823
What's going on?
Who is she?
308
00:15:02,401 --> 00:15:04,596
She killed my baby, didn't she?
309
00:15:07,139 --> 00:15:09,266
I thought you said
Danny was just a witness.
310
00:15:09,341 --> 00:15:11,309
Things may have changed.
311
00:15:11,844 --> 00:15:14,369
He didn't even know that girl.
Why would he kill her?
312
00:15:14,446 --> 00:15:17,643
Why do people kill?
Love. Money. Both.
313
00:15:18,250 --> 00:15:19,581
I would've given him money.
314
00:15:19,652 --> 00:15:23,850
No offense, but I think he was looking for
a lot more than you had lying around.
315
00:15:23,923 --> 00:15:26,824
ED: What we think happened,
Mrs. Payton, is that
316
00:15:26,926 --> 00:15:30,726
Danny was hired to kill Emily
Milius and whoever hired him
317
00:15:30,796 --> 00:15:33,236
wanted to make sure that he didn't
tell anybody about the deal.
318
00:15:33,565 --> 00:15:35,556
That's crazy.
You don't know Danny.
319
00:15:35,634 --> 00:15:37,033
But you did.
320
00:15:37,269 --> 00:15:38,463
Better than anyone.
321
00:15:38,537 --> 00:15:41,734
That's right, he told you everything
at your weekly breakfasts.
322
00:15:41,807 --> 00:15:42,807
That's right.
323
00:15:42,875 --> 00:15:45,571
Only we happen to know you
didn't have breakfast with Danny
324
00:15:45,644 --> 00:15:48,204
the morning
after Emily was murdered.
325
00:15:48,314 --> 00:15:51,283
Mrs. Payton, if you lie to us,
we can't help you.
326
00:15:52,685 --> 00:15:54,243
Maybe I got my day wrong.
327
00:15:54,320 --> 00:15:56,845
Yeah,
and maybe I'll run for Pope.
328
00:15:59,391 --> 00:16:00,858
You think I killed him?
329
00:16:00,926 --> 00:16:03,156
Five-to-ten,
you know what did happen.
330
00:16:03,228 --> 00:16:04,718
You had a key to his apartment.
331
00:16:05,297 --> 00:16:07,458
I was his mother. BRISCOE:
And maybe that explains
332
00:16:07,533 --> 00:16:10,593
your prints on the towel rack
right near the murder weapon.
333
00:16:10,669 --> 00:16:11,761
What's going on here?
334
00:16:11,837 --> 00:16:14,032
Just having a little t�te-�-t�te with Mrs.
Payton here.
335
00:16:14,106 --> 00:16:16,301
Is she accused of something?
Not yet.
336
00:16:16,375 --> 00:16:18,809
We don't treat people like this.
337
00:16:20,145 --> 00:16:22,045
I'm sorry,
Mrs. Payton.
338
00:16:23,015 --> 00:16:25,245
Can I get you a cup of coffee?
339
00:16:26,352 --> 00:16:29,981
Detective Green, would you please escort
Mrs. Payton to Interview Room One?
340
00:16:30,055 --> 00:16:31,716
You'll be a lot more
comfortable there.
341
00:16:31,790 --> 00:16:34,088
Are you hungry, Mrs. Payton?
There's a deli around the corner.
342
00:16:34,159 --> 00:16:36,252
I can get you a hot pastrami.
That's enough.
343
00:16:36,328 --> 00:16:37,818
I really have no idea
what he's talking about.
344
00:16:37,896 --> 00:16:39,295
Of course.
345
00:16:42,368 --> 00:16:43,858
Did she ask for a lawyer?
346
00:16:43,936 --> 00:16:46,496
Why would an innocent
woman need one?
347
00:16:47,172 --> 00:16:48,833
Give me 30 minutes.
348
00:16:51,810 --> 00:16:55,610
Again, I apologize
for my detectives.
349
00:16:56,882 --> 00:16:58,315
They're just doing their job.
350
00:16:58,384 --> 00:17:02,343
Well, their job description
doesn't include rude behavior.
351
00:17:04,323 --> 00:17:08,157
I know how difficult this must be, Mrs.
Payton. I have kids.
352
00:17:09,061 --> 00:17:12,326
How you get up in the morning
after losing a child,
353
00:17:12,398 --> 00:17:14,059
I just don't know.
354
00:17:14,933 --> 00:17:16,901
And the way it happened...
355
00:17:18,771 --> 00:17:21,763
When my Ric was six years old,
356
00:17:22,641 --> 00:17:24,734
they thought
he might have scoliosis.
357
00:17:24,810 --> 00:17:27,108
That would mean spinal surgery,
358
00:17:27,179 --> 00:17:30,580
a year in a full body cast,
sitting in waiting rooms,
359
00:17:30,649 --> 00:17:32,480
waiting for test
results, I thought,
360
00:17:33,152 --> 00:17:35,985
"How am I going to
get through this?"
361
00:17:37,222 --> 00:17:39,520
Is he okay?
Knock on wood.
362
00:17:41,527 --> 00:17:43,017
How old is he?
363
00:17:43,262 --> 00:17:44,524
Thirteen.
364
00:17:44,763 --> 00:17:46,196
That's nice.
365
00:17:47,499 --> 00:17:49,126
Boys at 13.
366
00:17:50,436 --> 00:17:51,767
I remember.
367
00:17:52,137 --> 00:17:54,162
I swear our mothers
had it easier,
368
00:17:54,239 --> 00:17:57,868
what with the drugs today
and violence in the schools.
369
00:17:58,343 --> 00:18:01,278
No one ever said
it was supposed to be easy.
370
00:18:01,346 --> 00:18:03,974
No time off.
No vacations.
371
00:18:08,087 --> 00:18:10,647
There's just got to be a point
372
00:18:11,924 --> 00:18:13,789
when it's their life
373
00:18:14,760 --> 00:18:17,558
and there's no place
for the mother... No.
374
00:18:19,631 --> 00:18:21,997
They are always your life.
375
00:18:24,503 --> 00:18:25,970
You're right.
376
00:18:27,539 --> 00:18:30,440
You're only as happy
as your unhappiest kid.
377
00:18:31,343 --> 00:18:34,779
What can I say, you have
great expectations.
378
00:18:34,847 --> 00:18:39,079
You start out with that, slowly
it turns into disappointment,
379
00:18:39,151 --> 00:18:43,281
and it's topped off with an
unbearable dose of guilt.
380
00:18:44,389 --> 00:18:45,389
(SIGHS)
381
00:18:48,560 --> 00:18:49,959
But what if...
382
00:18:55,100 --> 00:18:56,533
I can't...
383
00:18:59,705 --> 00:19:01,434
A mother shouldn't...
384
00:19:02,774 --> 00:19:03,934
What?
385
00:19:07,946 --> 00:19:10,608
A mother shouldn't
kill her baby.
386
00:19:12,117 --> 00:19:14,517
(SOBBING) I gave Danny life,
387
00:19:17,489 --> 00:19:19,457
and I took it away!
388
00:19:20,092 --> 00:19:21,218
(SOBBING)
389
00:19:30,369 --> 00:19:32,997
Docket number 61459.
390
00:19:33,105 --> 00:19:35,335
"People v. Diane Payton.
391
00:19:35,407 --> 00:19:37,466
"Murder in the Second Degree."
392
00:19:38,343 --> 00:19:40,436
Do I see defendant's counsel?
393
00:19:40,979 --> 00:19:43,641
No excuse for tardiness. I apologize
to the court, Your Honor.
394
00:19:43,715 --> 00:19:46,013
Hartley. Kay Hartley
for the defense, Your Honor.
395
00:19:46,084 --> 00:19:47,108
I'm sorry, Your Honor.
396
00:19:47,186 --> 00:19:50,121
Casual day at Wittman, Worth. I
wasn't expecting a court appearance.
397
00:19:50,189 --> 00:19:52,919
And your client pleads how,
Ms. Hartley?
398
00:19:56,395 --> 00:19:57,487
Not guilty.
399
00:19:57,729 --> 00:19:58,729
Question of bail?
400
00:19:58,797 --> 00:20:01,664
Remand, Your Honor. The defendant
brutally murdered her own son.
401
00:20:01,733 --> 00:20:03,200
Allegedly.
As I was saying,
402
00:20:03,268 --> 00:20:05,862
she confessed to murdering
her own child.
403
00:20:06,038 --> 00:20:08,871
And for that she gets remanded
without bail. Next.
404
00:20:08,941 --> 00:20:09,941
(GAVEL BANGS)
405
00:20:16,181 --> 00:20:18,115
Long time, Serena.
406
00:20:18,884 --> 00:20:20,146
You don't remember?
407
00:20:20,219 --> 00:20:23,120
You sat three seats
ahead of me in Contracts.
408
00:20:23,422 --> 00:20:25,788
Of course, you were probably
busy paying attention.
409
00:20:25,857 --> 00:20:28,485
Wittman, Worth? You must've been
paying attention to something.
410
00:20:28,560 --> 00:20:31,859
What can I say? They make us
do this pro bono stuff.
411
00:20:32,564 --> 00:20:34,429
The choices we make, huh?
412
00:20:34,733 --> 00:20:36,360
I don't know.
Anti-trust litigation
413
00:20:36,435 --> 00:20:38,630
never got my socks
rolling up and down.
414
00:20:38,704 --> 00:20:40,467
So you do remember?
415
00:20:40,672 --> 00:20:42,196
I read the alumni rag.
416
00:20:43,008 --> 00:20:44,873
So, can I buy you
a cup of coffee?
417
00:20:45,043 --> 00:20:47,204
I can pay for my own, thank you.
418
00:20:50,349 --> 00:20:53,341
Look up "snob" in your Webster
and you'll see her picture.
419
00:20:53,418 --> 00:20:56,098
Kay Hartley had one foot on Wall
Street from the first day of school.
420
00:20:56,121 --> 00:20:57,418
What's she doing here?
421
00:20:57,489 --> 00:20:58,888
It's Wittman, Worth pretending
they have a heart,
422
00:20:58,957 --> 00:21:01,653
justifying their fees
in case there's a Hell.
423
00:21:01,727 --> 00:21:04,087
Maybe that's a good thing,
considering we don't have anything
424
00:21:04,096 --> 00:21:05,393
even resembling a motive.
425
00:21:05,464 --> 00:21:06,988
We don't need a motive,
we have a confession.
426
00:21:07,065 --> 00:21:08,555
Believe me,
this will be a quickie.
427
00:21:10,369 --> 00:21:12,496
I thought this was going to be
me and you, Serena.
428
00:21:13,639 --> 00:21:15,470
Jack McCoy, Kay Hartley.
429
00:21:15,540 --> 00:21:18,475
Mr. McCoy is the Executive
Assistant District Attorney.
430
00:21:18,543 --> 00:21:20,204
Sorry to disappoint,
Ms. Hartley.
431
00:21:20,312 --> 00:21:21,745
No, no, that's fine.
432
00:21:21,813 --> 00:21:23,212
So, how does this work?
433
00:21:23,282 --> 00:21:24,943
Considering we have
a signed confession,
434
00:21:25,017 --> 00:21:27,713
it appears
you don't have any leverage.
435
00:21:28,320 --> 00:21:31,756
I can offer murder two with
a sentence recommendation.
436
00:21:32,724 --> 00:21:34,804
In the corporate world,
you know you have a good deal
437
00:21:34,826 --> 00:21:37,624
when both sides
walk away unhappy.
438
00:21:37,696 --> 00:21:39,254
Sure, I'm new
to this criminal stuff,
439
00:21:39,331 --> 00:21:42,027
but I think you're both
smiling just a bit too much.
440
00:21:42,100 --> 00:21:44,694
Be that as it may,
I can't go any lower.
441
00:21:45,203 --> 00:21:47,865
Well, maybe you'll reconsider
when the confession is tossed.
442
00:21:47,939 --> 00:21:48,997
JACK: Excuse me?
443
00:21:49,074 --> 00:21:52,100
Mrs. Payton doesn't remember
anyone reading her her rights.
444
00:21:52,377 --> 00:21:54,106
She wasn't being interrogated.
445
00:21:54,179 --> 00:21:55,237
Be that as it may,
446
00:21:55,347 --> 00:21:58,714
one of our first year associates
is drafting a motion as we speak.
447
00:22:00,118 --> 00:22:01,779
So much for quick.
448
00:22:04,656 --> 00:22:07,784
HARTLEY: The Miranda Court emphasized that
in order for a confession to be admissible
449
00:22:07,859 --> 00:22:10,794
against a defendant,
it must be voluntary.
450
00:22:10,862 --> 00:22:14,525
I think you can skip the primer on
coerced confessions, Counselor.
451
00:22:14,599 --> 00:22:16,123
Of course, Your Honor,
but when a lieutenant
452
00:22:16,201 --> 00:22:17,896
grills a suspect
for nearly an hour...
453
00:22:17,969 --> 00:22:20,904
Lieutenant Van Buren drank
coffee with the defendant,
454
00:22:20,972 --> 00:22:22,564
and they discussed
their children.
455
00:22:22,641 --> 00:22:25,474
I'm sure she wasn't there
for the cuisine, Mr. McCoy.
456
00:22:25,544 --> 00:22:27,341
There was a discrepancy
in a timeline
457
00:22:27,412 --> 00:22:31,178
that she had given the police concerning
a hit and run her son was involved in
458
00:22:31,249 --> 00:22:32,716
a few days earlier.
459
00:22:32,784 --> 00:22:35,412
Mrs. Payton
was never a suspect.
460
00:22:35,487 --> 00:22:37,045
The mere fact she was in
a police station...
461
00:22:37,122 --> 00:22:40,888
JUDGE: Is irrelevant. What controls
is whether the police knew
462
00:22:40,959 --> 00:22:45,521
or should have known that their
actions would lead to a confession.
463
00:22:45,664 --> 00:22:48,827
Read Rhode Island v. Innis if you
want back up on that, Ms. Hartley.
464
00:22:49,434 --> 00:22:52,926
If the police didn't consider Mrs.
Payton a suspect in the murder,
465
00:22:53,171 --> 00:22:55,469
they certainly couldn't
have expected a confession.
466
00:22:55,674 --> 00:22:58,370
But, Your Honor...
The confession is in.
467
00:23:05,684 --> 00:23:07,379
Hey, how's this for timing?
468
00:23:07,719 --> 00:23:09,084
Right, just a coincidence.
469
00:23:09,154 --> 00:23:11,554
Serena... Look, you already
had your chance at a deal.
470
00:23:11,623 --> 00:23:15,286
I'm not here to negotiate. I'm
here to ask a friend for a favor.
471
00:23:15,994 --> 00:23:18,462
Right, you lose your motion
and suddenly we're friends?
472
00:23:18,530 --> 00:23:20,430
I'm sorry, Kay, but I think
you're gonna have to slum it down
473
00:23:20,499 --> 00:23:21,796
on Centre Street
for a few weeks.
474
00:23:21,867 --> 00:23:23,858
I'm not slumming, Serena.
475
00:23:25,170 --> 00:23:29,266
Look, growing up, Danny Payton was special.
Everybody loved him.
476
00:23:29,374 --> 00:23:33,105
And then one day when he was
18, he woke up hearing voices.
477
00:23:33,178 --> 00:23:35,578
A lot of voices. Only nobody
else could hear them.
478
00:23:35,647 --> 00:23:37,444
Wait a minute. Are you
saying he was crazy?
479
00:23:37,549 --> 00:23:41,576
And he was violent, and he took it out
on the person who was closest to him.
480
00:23:42,387 --> 00:23:44,855
Especially after
my uncle ran off.
481
00:23:45,090 --> 00:23:46,387
Your uncle?
482
00:23:47,125 --> 00:23:48,786
Danny was my cousin.
483
00:23:48,860 --> 00:23:50,157
So this pro bono?
484
00:23:50,562 --> 00:23:52,757
Is really a leave of absence.
485
00:23:54,166 --> 00:23:56,134
Wow.
Look, I know my aunt.
486
00:23:56,201 --> 00:23:59,659
And I know how much she loved Danny.
And she wouldn't have...
487
00:23:59,738 --> 00:24:02,605
She couldn't have
unless he was hurting her.
488
00:24:02,674 --> 00:24:04,904
If you're gonna try and make this
a case for self-defense, Kay,
489
00:24:04,976 --> 00:24:07,069
I don't buy it.
He was asleep.
490
00:24:07,446 --> 00:24:08,970
She stabbed him
while he was sleeping.
491
00:24:09,047 --> 00:24:12,346
Serena, Danny flipped out and ran
over Emily Milius for no reason
492
00:24:12,417 --> 00:24:14,044
other than she was there.
493
00:24:16,188 --> 00:24:18,656
Do you have any proof
of this whatsoever?
494
00:24:20,258 --> 00:24:21,350
Well...
495
00:24:22,260 --> 00:24:24,319
Kay, as your new best friend,
if you don't have any proof,
496
00:24:24,396 --> 00:24:26,591
I would advise you
to resign as counsel
497
00:24:26,665 --> 00:24:28,155
and make yourself
a character witness.
498
00:24:28,233 --> 00:24:29,894
It's a tiny favor, Serena.
499
00:24:30,135 --> 00:24:33,332
Please. Help me get a look
at his medical records.
500
00:24:35,006 --> 00:24:37,975
ARTHUR: She wants us to get the
doctor-patient privilege waived?
501
00:24:38,043 --> 00:24:40,739
We're not supposed to make the
defense's case for them, Serena.
502
00:24:40,812 --> 00:24:42,177
Our job's to get a conviction.
503
00:24:42,247 --> 00:24:44,078
I thought it had something
to do with justice, Jack.
504
00:24:44,149 --> 00:24:48,176
I've got photos of seven stab wounds
that say that's exactly what this is.
505
00:24:48,253 --> 00:24:49,845
I don't understand, Serena.
506
00:24:49,921 --> 00:24:52,014
If Mrs. Payton
wants to assert self-defense,
507
00:24:52,090 --> 00:24:54,558
why doesn't she just waive her
son's doctor-patient privilege?
508
00:24:54,626 --> 00:24:56,617
Maybe she's too proud.
Maybe she's ashamed.
509
00:24:56,695 --> 00:24:59,994
Maybe she doesn't want the world to
know that her son was beating on her.
510
00:25:00,098 --> 00:25:02,032
That's a lot of maybes.
511
00:25:02,100 --> 00:25:03,727
I don't see
what the big deal is.
512
00:25:03,802 --> 00:25:05,770
We get Mrs. Payton removed
as administratrix,
513
00:25:05,837 --> 00:25:08,965
we talk to Danny's doctor
and we can find out for sure.
514
00:25:09,040 --> 00:25:12,407
The only problem is that the new
administrator would be the next of kin,
515
00:25:12,477 --> 00:25:15,844
who might very well wanna keep the
Paytons' family secrets secret.
516
00:25:15,914 --> 00:25:18,906
It's not a problem. The next
of kin is Hartley's mother.
517
00:25:18,984 --> 00:25:22,681
Great. When do we get to call on
Uncle Bernie as the eyewitness?
518
00:25:22,754 --> 00:25:26,281
You know what, Jack? Self-defense
is in the books for a reason.
519
00:25:26,358 --> 00:25:30,761
If that woman doesn't deserve to be
in jail, I don't wanna put her there.
520
00:25:35,400 --> 00:25:39,063
Let me get this right, the defendant
is the decedent's mother?
521
00:25:39,137 --> 00:25:41,230
HARTLEY: That's correct,
Your Honor.
522
00:25:41,973 --> 00:25:45,306
The statute is very clear on
appointing administrators, Counselor.
523
00:25:45,377 --> 00:25:48,835
It is also very clear that a person should
not be able to profit from their crime.
524
00:25:48,914 --> 00:25:52,315
Mrs. Payton murdered her son. As
administratrix to his estate,
525
00:25:52,384 --> 00:25:54,318
she'd be entitled
to a statutory fee.
526
00:25:54,386 --> 00:25:57,480
Mrs. Payton hasn't been convicted
of anything, Your Honor.
527
00:25:57,556 --> 00:26:00,116
She confessed to stabbing
her son seven times.
528
00:26:00,191 --> 00:26:02,455
HARTLEY: The confession
was questionable at best.
529
00:26:02,527 --> 00:26:05,223
Ms. Hartley's motion to exclude
has already been denied.
530
00:26:05,297 --> 00:26:06,857
Danny Payton was a murderer,
Your Honor.
531
00:26:06,932 --> 00:26:09,833
Doesn't my client get any credit
for getting him off the street?
532
00:26:09,935 --> 00:26:11,698
You can't be serious, Counselor?
533
00:26:12,637 --> 00:26:14,332
Zealous representation,
Your Honor.
534
00:26:14,439 --> 00:26:18,603
This court is in favor of removing
Diane Payton as the administratrix
535
00:26:18,677 --> 00:26:20,406
of the estate of Danny Payton
536
00:26:20,478 --> 00:26:22,412
and issuing new
Letters of Administration
537
00:26:22,480 --> 00:26:25,142
in accordance with Surrogate's
Court Procedure Act,
538
00:26:25,216 --> 00:26:27,013
Section 1001.
539
00:26:27,953 --> 00:26:28,953
(GAVEL BANGS)
540
00:26:35,927 --> 00:26:38,020
I don't understand.
541
00:26:38,096 --> 00:26:39,324
What does this mean?
542
00:26:40,298 --> 00:26:42,994
There's a chance
Danny was abusing his mother.
543
00:26:44,069 --> 00:26:45,866
So what?
My daughter is dead.
544
00:26:45,937 --> 00:26:47,199
Somebody has to go to jail.
545
00:26:47,272 --> 00:26:50,207
Mrs. Payton may not be legally
responsible for what she did.
546
00:26:50,275 --> 00:26:51,333
Responsible?
547
00:26:52,243 --> 00:26:55,269
If she were a better mother,
Emily would be alive.
548
00:26:55,347 --> 00:26:57,815
If she's not responsible,
who is?
549
00:27:01,186 --> 00:27:02,710
Danny's doctor's name was Trask.
550
00:27:02,787 --> 00:27:06,314
I'll have a waiver signed and
delivered to him right away.
551
00:27:11,663 --> 00:27:13,790
DR. TRASK: Danny Payton
was schizophrenic,
552
00:27:13,865 --> 00:27:17,631
but he was released from St. Justin's
as not being a threat to himself.
553
00:27:17,702 --> 00:27:21,695
You see, with pharmaceuticals, he
could lead a normal, productive life.
554
00:27:21,773 --> 00:27:23,373
Meaning he wasn't a
threat to anyone else?
555
00:27:23,408 --> 00:27:25,239
Correct. You
gotta understand,
556
00:27:25,310 --> 00:27:28,108
most schizophrenics
are not violent at all.
557
00:27:29,280 --> 00:27:32,681
Danny Payton ran somebody over
and fled from the scene.
558
00:27:33,151 --> 00:27:34,151
(SIGHS)
559
00:27:35,754 --> 00:27:39,087
Can you tell me about his
relationship with his mother?
560
00:27:39,157 --> 00:27:42,490
I recall they were
extraordinarily close.
561
00:27:42,560 --> 00:27:44,391
So are you saying
he wasn't abusive to her?
562
00:27:44,462 --> 00:27:46,191
No, what I'm saying
is quite the opposite.
563
00:27:46,264 --> 00:27:49,461
His mother was the only
thing that kept him alive.
564
00:27:49,901 --> 00:27:51,061
Look,
565
00:27:51,136 --> 00:27:53,969
I'll send over all the
records if you want.
566
00:27:57,642 --> 00:27:59,837
Feeling good, are we?
567
00:27:59,911 --> 00:28:03,111
Yeah, it really makes my day when a mother
kills her son for no reason whatsoever.
568
00:28:03,114 --> 00:28:06,413
Call Hallmark. Maybe they'll
print up a special card.
569
00:28:06,718 --> 00:28:10,313
I thought that you'd be happy, Hartley
loses her affirmative defense.
570
00:28:10,388 --> 00:28:13,551
And pops up with another
more ridiculous one.
571
00:28:13,625 --> 00:28:15,217
Ah, Kay Hartley.
572
00:28:15,560 --> 00:28:17,460
With friends like that...
573
00:28:23,134 --> 00:28:26,126
Defense of third parties?
You must be kidding me.
574
00:28:26,371 --> 00:28:28,999
Danny already killed
Emily Milius.
575
00:28:29,107 --> 00:28:31,905
His mother killed him so he
wouldn't hurt anybody else.
576
00:28:32,010 --> 00:28:33,341
It's a legitimate
affirmative defense.
577
00:28:33,411 --> 00:28:36,107
If there was an imminent threat
of Danny hurting someone.
578
00:28:36,181 --> 00:28:38,911
As far as I know, there was no
one in Danny Payton's apartment
579
00:28:38,983 --> 00:28:41,144
other than the woman
who stabbed him seven times.
580
00:28:41,753 --> 00:28:43,653
Look, I know that
it's a long shot.
581
00:28:43,855 --> 00:28:45,618
I'm just trying to win my case.
582
00:28:45,690 --> 00:28:47,351
By using me?
583
00:28:48,059 --> 00:28:51,790
You needed privilege waived so you could
get Danny's mental state into evidence.
584
00:28:51,896 --> 00:28:54,536
Your aunt wouldn't waive it because
she knew it wasn't self-defense.
585
00:28:54,566 --> 00:28:58,627
I did what I could to get justice for
my client in an imperfect system.
586
00:28:58,703 --> 00:29:00,193
If you want to know
why it's imperfect, Kay,
587
00:29:00,271 --> 00:29:02,796
look in the mirror next time you
put on your Tiffany earrings.
588
00:29:04,075 --> 00:29:06,976
Look, my aunt came home
to find her car missing.
589
00:29:07,078 --> 00:29:08,773
The next thing she knew,
Danny was telling her
590
00:29:08,847 --> 00:29:11,509
he used it to kill someone
he didn't even know.
591
00:29:11,850 --> 00:29:13,112
What was she supposed to do?
592
00:29:13,184 --> 00:29:15,584
Calling the police would've
been a very good start.
593
00:29:15,653 --> 00:29:17,712
At least I work for my earrings.
594
00:29:18,289 --> 00:29:23,022
That's right. Not all of us have the
luxury of playing at saving the world.
595
00:29:23,128 --> 00:29:24,686
An acquittal
of a confessed murderer
596
00:29:24,763 --> 00:29:26,958
and the powers that be at Wittman,
Worth will have no choice
597
00:29:27,031 --> 00:29:29,295
but to put my name
on the letterhead.
598
00:29:29,768 --> 00:29:32,760
Surprise, surprise, Serena.
Well, it's a game, right?
599
00:29:32,871 --> 00:29:35,169
And the point of a game
is to win.
600
00:29:36,474 --> 00:29:38,465
I'll see you in chambers.
601
00:29:39,277 --> 00:29:42,246
Judge McNeil actually bought Ms.
Hartley's argument?
602
00:29:42,313 --> 00:29:45,976
He called defense of third parties
a question of fact for the jury.
603
00:29:46,050 --> 00:29:50,282
The man goes to school for seven
years, practices law for 15,
604
00:29:50,421 --> 00:29:54,357
sits on the bench for five, then
passes the buck to three housewives,
605
00:29:54,425 --> 00:29:57,656
four salesmen, two plumbers, a
couple of construction workers,
606
00:29:57,729 --> 00:29:58,889
and a dental hygienist.
607
00:29:58,963 --> 00:30:00,191
I take full responsibility.
608
00:30:00,265 --> 00:30:02,358
None of this would be admissible
if I hadn't pulled that stunt
609
00:30:02,433 --> 00:30:03,491
in Surrogate's Court.
610
00:30:03,568 --> 00:30:06,469
I seem to recall giving you
the old "atta-girl."
611
00:30:06,638 --> 00:30:07,935
I didn't.
612
00:30:08,373 --> 00:30:10,000
But you never knew Kay Hartley.
613
00:30:10,074 --> 00:30:13,271
I'm beginning to think all of
this was bogus from the get-go.
614
00:30:13,344 --> 00:30:14,936
She never thought
it was self-defense.
615
00:30:15,013 --> 00:30:18,107
She only needed a way to let the jury
know that Danny was mentally ill.
616
00:30:18,216 --> 00:30:21,583
You seem to have less faith in
our noble profession than I do.
617
00:30:21,653 --> 00:30:23,382
The problem is now
I have to go into court
618
00:30:23,454 --> 00:30:26,082
and argue that this woman
belongs behind bars
619
00:30:26,157 --> 00:30:31,185
even though she killed her son only to
prevent him from killing three housewives,
620
00:30:31,262 --> 00:30:33,958
four salesmen, two plumbers, et
cetera, et cetera, et cetera...
621
00:30:34,032 --> 00:30:37,433
Hartley's gonna have to offer
up some kind of proof.
622
00:30:37,635 --> 00:30:40,126
She has proof enough.
Emily Milius.
623
00:30:41,372 --> 00:30:43,397
I'll explain the whole
thing to Judge McNeil.
624
00:30:43,474 --> 00:30:46,773
And he'll give us the "Soft
Touch of the Year" Award.
625
00:30:51,482 --> 00:30:54,679
VAN BUREN: We talked about children.
How tough it is raising them.
626
00:30:54,752 --> 00:30:58,711
Mrs. Payton had it particularly
tough since her husband left her.
627
00:30:58,790 --> 00:31:02,521
And it would be particularly hard with
a young boy with mental problems.
628
00:31:02,594 --> 00:31:06,758
She never mentioned any kind of mental
problems with regard to her son.
629
00:31:06,831 --> 00:31:09,129
JACK: Maybe that's
because he was on medication.
630
00:31:09,200 --> 00:31:10,920
VAN BUREN: She never
mentioned that, either.
631
00:31:11,135 --> 00:31:15,128
Like I said, she never talked
about mental problems, period.
632
00:31:15,673 --> 00:31:17,368
But she did say
that she killed him?
633
00:31:17,442 --> 00:31:20,843
Yes. And she signed
a confession to that effect.
634
00:31:21,646 --> 00:31:23,511
JACK: Thank you, Lieutenant.
635
00:31:26,818 --> 00:31:29,685
During that
45-minute interrogation...
636
00:31:29,754 --> 00:31:32,279
I said it was a
conversation, Counselor.
637
00:31:33,391 --> 00:31:36,827
Fine.
During that 45-minute chat,
638
00:31:36,895 --> 00:31:40,160
did you ever once ask Mrs. Payton
if her son was mentally ill?
639
00:31:40,465 --> 00:31:43,559
As I just said...
Yes or no, Lieutenant?
640
00:31:44,469 --> 00:31:45,469
No.
641
00:31:45,737 --> 00:31:49,639
Did you ask Mrs. Payton if her son had
ever threatened to kill anyone else?
642
00:31:50,208 --> 00:31:51,208
No.
643
00:31:51,843 --> 00:31:53,868
HARTLEY: One more thing,
Lieutenant.
644
00:31:53,945 --> 00:31:56,778
Did Mrs. Payton ever say
she loved her son?
645
00:31:58,283 --> 00:31:59,341
Yes.
646
00:32:01,252 --> 00:32:03,982
RODGERS: The lack of defensive wounds
indicates that the victim was unaware
647
00:32:04,055 --> 00:32:05,420
that he was being attacked.
648
00:32:05,490 --> 00:32:06,787
He was sleeping?
649
00:32:07,091 --> 00:32:08,683
Sleeping or unconscious.
650
00:32:08,760 --> 00:32:11,160
So, in other words, this was
like shooting fish in a barrel.
651
00:32:11,229 --> 00:32:12,389
Objection.
652
00:32:12,463 --> 00:32:14,192
Withdrawn, Your Honor.
653
00:32:15,600 --> 00:32:16,999
Out of those seven stab wounds,
654
00:32:17,068 --> 00:32:19,798
two were what you call hesitation
wounds, is that correct?
655
00:32:19,871 --> 00:32:20,997
Yes.
656
00:32:21,072 --> 00:32:25,202
So could you say that Mrs. Payton struggled
with her decision to stab her son?
657
00:32:25,677 --> 00:32:27,645
That's certainly
one explanation.
658
00:32:28,913 --> 00:32:33,043
About two months ago, Doctor, did you do
an autopsy of a man named Ethan Richards?
659
00:32:33,117 --> 00:32:34,277
Objection. Relevance.
660
00:32:34,419 --> 00:32:36,580
Relevance will become clear
shortly, Your Honor.
661
00:32:37,655 --> 00:32:40,089
I'll let it in
subject to connection.
662
00:32:40,158 --> 00:32:41,955
Answer the question, Doctor.
663
00:32:42,527 --> 00:32:44,495
Yes, I worked on
the Richards case.
664
00:32:44,562 --> 00:32:46,621
And what were your conclusions?
665
00:32:46,698 --> 00:32:49,258
There were shoe prints
on the victim's torso,
666
00:32:49,334 --> 00:32:52,963
so we concluded he died of internal
hemorrhaging due to kicking.
667
00:32:53,037 --> 00:32:54,527
HARTLEY: Just to refresh
your memory, Doctor,
668
00:32:54,605 --> 00:32:57,165
would this be the murder
we're discussing?
669
00:32:59,010 --> 00:33:00,010
Yes.
670
00:33:00,078 --> 00:33:03,013
Could you please read
the highlighted portions?
671
00:33:03,848 --> 00:33:05,372
"Forensic scientists have
confirmed
672
00:33:05,450 --> 00:33:08,180
"that the shoe was a size
12-and-a-half Frye boot."
673
00:33:08,553 --> 00:33:11,989
To your knowledge, was there ever
an arrest made in this case?
674
00:33:12,857 --> 00:33:14,722
No.
Thank you.
675
00:33:15,893 --> 00:33:17,224
That's all.
676
00:33:21,299 --> 00:33:24,757
Danny Payton was schizophrenic.
He lost touch with reality.
677
00:33:24,836 --> 00:33:27,634
He often saw and heard things
that weren't there.
678
00:33:27,705 --> 00:33:29,366
JACK: How did you treat him?
679
00:33:29,440 --> 00:33:32,466
In addition to daily
counseling and group therapy,
680
00:33:32,543 --> 00:33:36,274
I also prescribed the
anti-psychotic drug, Clozaril.
681
00:33:36,381 --> 00:33:37,905
After eight weeks of treatment,
682
00:33:37,982 --> 00:33:41,418
Danny stopped hearing the voices
and having the delusions.
683
00:33:41,486 --> 00:33:44,512
In other words, Doctor, he was
able to function in society?
684
00:33:44,922 --> 00:33:48,016
I wouldn't have signed
his release if he wasn't.
685
00:33:51,863 --> 00:33:55,321
Last year, did Danny's mother ask you
to take him back into the hospital?
686
00:33:55,900 --> 00:33:56,900
Yes.
687
00:33:56,968 --> 00:33:58,993
Why is that, Doctor Trask?
688
00:33:59,270 --> 00:34:02,000
Mrs. Payton said that Danny
was hearing voices
689
00:34:02,073 --> 00:34:04,166
telling him to kill people
at random.
690
00:34:04,642 --> 00:34:06,769
HARTLEY: And you didn't
take that seriously?
691
00:34:06,844 --> 00:34:08,368
DR. TRASK: Of course I did.
692
00:34:08,446 --> 00:34:12,280
But then Mrs. Payton told me that Danny
had stopped taking his medication
693
00:34:12,350 --> 00:34:13,840
three months earlier.
694
00:34:13,918 --> 00:34:15,112
HARTLEY: And what did you do?
695
00:34:15,186 --> 00:34:17,484
DR. TRASK: I told her
it was unacceptable.
696
00:34:18,089 --> 00:34:19,579
Look,
697
00:34:19,690 --> 00:34:22,352
in a perfect world,
I would have readmitted Danny.
698
00:34:22,427 --> 00:34:24,224
But it is not a perfect world.
699
00:34:24,295 --> 00:34:27,958
It is New York State and we don't
have the funding, staff or beds
700
00:34:28,032 --> 00:34:32,662
available for someone who is perfectly
able to function on medication.
701
00:34:33,771 --> 00:34:36,137
Tell me, Doctor, when a patient
is admitted to your hospital,
702
00:34:36,207 --> 00:34:38,903
what do you do with the personal
effects he brings with him?
703
00:34:38,976 --> 00:34:41,342
They're recorded and stored.
704
00:34:41,412 --> 00:34:43,243
I don't see the relevance,
Your Honor.
705
00:34:43,314 --> 00:34:45,612
I'm just connecting
earlier testimony.
706
00:34:46,184 --> 00:34:47,412
Proceed.
707
00:34:50,621 --> 00:34:53,590
Doctor, do you recognize this?
708
00:34:56,994 --> 00:34:58,052
Yes.
709
00:34:58,563 --> 00:35:00,428
It's the record
of all of the items
710
00:35:00,498 --> 00:35:03,558
Danny had with him when he was
admitted to St. Justin's.
711
00:35:03,835 --> 00:35:07,134
Could you focus your attention on
item number 10, labeled footwear?
712
00:35:07,438 --> 00:35:08,996
What does it say?
713
00:35:09,073 --> 00:35:12,804
"A pair of size 12-and-a-half
Frye work boots."
714
00:35:13,878 --> 00:35:16,312
HARTLEY: I have nothing
further, Your Honor.
715
00:35:17,748 --> 00:35:21,013
Looks like this guy's gonna
clear up all of our open cases.
716
00:35:21,085 --> 00:35:22,485
While his mother becomes
a folk hero
717
00:35:22,553 --> 00:35:25,147
for pushing the off button
on a killing machine.
718
00:35:25,223 --> 00:35:26,815
She's a vigilante.
719
00:35:26,891 --> 00:35:30,418
She was also a mother who killed the
child she loved more than herself.
720
00:35:30,528 --> 00:35:32,428
Well, so were Susan Smith
and Andrea Yates.
721
00:35:32,497 --> 00:35:34,658
And if I remember correctly,
they were both convicted.
722
00:35:34,765 --> 00:35:37,165
They weren't preventing
otherwise inevitable murders.
723
00:35:37,268 --> 00:35:39,361
Only the statute doesn't say
"inevitable threat."
724
00:35:39,437 --> 00:35:40,870
It says "imminent threat."
725
00:35:41,038 --> 00:35:45,407
Well, pardon my French, but I don't think
the jury's gonna give a damn either way.
726
00:35:45,476 --> 00:35:47,341
Deal it down.
That means the next guy...
727
00:35:47,411 --> 00:35:52,474
Before you go there, Serena, the only
"sending a bad message" argument that I buy
728
00:35:52,550 --> 00:35:55,314
is the bad message
we send when we lose a trial.
729
00:35:55,453 --> 00:35:58,911
If you read the fine print, it also says
that when the going gets tough, run,
730
00:35:58,990 --> 00:36:00,651
even when the law
is on our side.
731
00:36:00,858 --> 00:36:03,349
Do you really think we're gonna
get jail time for this woman?
732
00:36:03,427 --> 00:36:05,292
Please. If she was on the road
to canonization,
733
00:36:05,363 --> 00:36:08,025
she wouldn't have gone along
with Kay Hartley's games.
734
00:36:08,099 --> 00:36:11,364
I haven't even cross-examined
the defendant yet, Arthur.
735
00:36:11,602 --> 00:36:13,331
Well, you got in this hole,
736
00:36:13,404 --> 00:36:15,702
I guess it's up to you
if you want to keep digging.
737
00:36:19,544 --> 00:36:21,671
So how much of that
was personal?
738
00:36:21,746 --> 00:36:24,544
The letter of the law, Jack.
That's all.
739
00:36:28,452 --> 00:36:30,052
HARTLEY: But you triedto get Danny help?
740
00:36:30,721 --> 00:36:32,689
Danny belonged in a hospital.
741
00:36:32,757 --> 00:36:36,352
But Dr. Trask just testified he'd
be fine if he just took his pills.
742
00:36:36,427 --> 00:36:38,520
Pills are supposed to help.
743
00:36:39,063 --> 00:36:41,395
They gave him
migraine headaches.
744
00:36:41,465 --> 00:36:42,932
They made him like a zombie.
745
00:36:43,534 --> 00:36:46,128
He said the only reason
he even knew he was alive
746
00:36:46,204 --> 00:36:49,799
was because he vomited
an hour after he took them.
747
00:36:49,874 --> 00:36:52,172
How was he supposed
to live like that?
748
00:36:52,577 --> 00:36:54,169
Still,
that's a small price to pay...
749
00:36:54,245 --> 00:36:56,941
I was his mother,
not some prison guard.
750
00:36:57,014 --> 00:37:00,541
I can't physically force him
to take his medication!
751
00:37:00,618 --> 00:37:03,416
I can't look over him
all the time!
752
00:37:04,188 --> 00:37:07,419
They say a mother's worst fear
is the death of a child.
753
00:37:08,025 --> 00:37:10,118
Let me tell you,
it's a million times worse
754
00:37:10,194 --> 00:37:12,958
when he kills
someone else's child.
755
00:37:15,333 --> 00:37:18,496
Let's turn our attention
to the night Danny died.
756
00:37:19,437 --> 00:37:22,065
Could you please tell us
what happened?
757
00:37:23,741 --> 00:37:25,106
Mrs. Payton?
758
00:37:28,179 --> 00:37:30,670
That morning,
Danny borrowed my car.
759
00:37:31,882 --> 00:37:34,578
Taking long drives
helped clear his head.
760
00:37:35,653 --> 00:37:38,451
When he didn't return
the car by 10:00,
761
00:37:39,023 --> 00:37:41,014
I went over to his apartment
762
00:37:41,092 --> 00:37:43,287
to see if anything was wrong.
763
00:37:46,797 --> 00:37:48,890
He was sitting on the floor,
764
00:37:50,768 --> 00:37:53,168
banging his head
against the wall.
765
00:37:55,273 --> 00:37:57,764
He told me what he did
to that girl.
766
00:37:59,877 --> 00:38:01,538
I calmed him down,
767
00:38:02,346 --> 00:38:04,143
and helped him into bed.
768
00:38:04,882 --> 00:38:06,247
And then...
769
00:38:10,755 --> 00:38:11,949
(SOBS)
770
00:38:12,023 --> 00:38:14,491
I didn't know what else to do.
771
00:38:24,035 --> 00:38:26,162
Stabbing Danny
was your only option?
772
00:38:27,271 --> 00:38:28,670
He was sick.
773
00:38:30,074 --> 00:38:32,406
That hospital wouldn't take him.
774
00:38:32,576 --> 00:38:34,009
He killed at least two people.
775
00:38:34,078 --> 00:38:37,445
I'm sure the prison system would
have been glad to have him.
776
00:38:37,515 --> 00:38:39,278
Is there a question?
777
00:38:39,550 --> 00:38:40,812
Withdrawn.
778
00:38:43,321 --> 00:38:45,619
Yes or no, Mrs. Payton.
779
00:38:46,257 --> 00:38:48,487
When you were stabbing Danny,
780
00:38:48,559 --> 00:38:51,619
were you thinking
of Emily Milius?
781
00:38:54,865 --> 00:38:58,596
Were you thinking of the man
Danny had kicked to death?
782
00:39:01,706 --> 00:39:05,938
Were you thinking of the next innocent
person Danny was going to kill?
783
00:39:08,346 --> 00:39:11,713
You said that Danny was
delusional, isn't that correct?
784
00:39:13,884 --> 00:39:14,976
Yes.
785
00:39:15,052 --> 00:39:17,282
That he had hallucinations.
786
00:39:17,555 --> 00:39:20,217
That he heard voices
telling him to kill?
787
00:39:21,192 --> 00:39:22,250
Yes.
788
00:39:22,727 --> 00:39:24,160
Then why, Mrs. Payton,
789
00:39:24,995 --> 00:39:26,622
why in the world
790
00:39:27,932 --> 00:39:30,992
did you lend Danny
the keys to your car?
791
00:39:40,544 --> 00:39:42,375
JUDGE: Re-direct, Ms. Hartley?
792
00:39:43,848 --> 00:39:44,872
No, Your Honor.
793
00:39:44,949 --> 00:39:46,940
Then we'll pick up
tomorrow morning.
794
00:39:47,718 --> 00:39:49,481
Kay told me that Danny
stole her keys.
795
00:39:49,553 --> 00:39:52,886
So either she lied to me, or Mrs.
Payton just lied on the stand.
796
00:39:52,957 --> 00:39:54,925
Why would someone lie
to appear more guilty?
797
00:39:54,992 --> 00:39:57,825
She wouldn't. Conference
room, 20 minutes.
798
00:39:59,397 --> 00:40:01,331
So I misspoke.
What's the big deal?
799
00:40:01,932 --> 00:40:05,129
That's one possibility. The other is
that you intentionally lied to me.
800
00:40:08,739 --> 00:40:10,297
What's going on?
801
00:40:10,941 --> 00:40:14,035
Your niece is a very smart
lawyer, Mrs. Payton.
802
00:40:14,111 --> 00:40:16,079
She knows that if you gave
Danny the car,
803
00:40:16,147 --> 00:40:19,378
that you'd be legally responsible
for the death of Emily Milius.
804
00:40:19,483 --> 00:40:21,451
It's called
reckless endangerment.
805
00:40:21,519 --> 00:40:23,953
My guess is that she told you
to lie on the stand,
806
00:40:24,021 --> 00:40:26,421
but you didn't,
and I don't think you forgot.
807
00:40:27,725 --> 00:40:29,386
Let's go.
Let me ask you this.
808
00:40:29,927 --> 00:40:33,829
Did she tell you that we offered her
a deal before we went to trial?
809
00:40:35,399 --> 00:40:36,627
I didn't think so.
810
00:40:37,468 --> 00:40:41,097
She didn't tell you
because she knew you'd accept.
811
00:40:41,705 --> 00:40:43,434
My God, you killed your own son.
812
00:40:43,574 --> 00:40:45,235
And I should rot in Hell for it.
813
00:40:45,309 --> 00:40:48,244
You deserve to walk out
of that courtroom.
814
00:40:48,312 --> 00:40:50,780
Why, Kay?
Because she's not guilty,
815
00:40:50,848 --> 00:40:52,713
or because you want
a corner office?
816
00:40:54,351 --> 00:40:55,409
(SOBBING) Kay?
817
00:40:55,753 --> 00:40:57,983
You have to trust me,
Aunt Diane.
818
00:41:01,325 --> 00:41:02,553
Come on.
819
00:41:03,594 --> 00:41:05,528
We'll see you in court.
820
00:41:16,974 --> 00:41:20,137
Let's think about why
we send a person to prison.
821
00:41:20,644 --> 00:41:23,738
First and foremost, we don't want
the son-of-a-bitch to do it again.
822
00:41:24,815 --> 00:41:29,650
Mrs. Payton killed her son because
of who he was and what he did.
823
00:41:30,254 --> 00:41:32,552
She's not going to do it again.
824
00:41:33,090 --> 00:41:35,684
So there must be
another reason to punish her.
825
00:41:36,327 --> 00:41:38,989
Okay, how's this? We've
got to rehabilitate her.
826
00:41:39,063 --> 00:41:42,032
From what? From trying to save the
lives of people she doesn't even know?
827
00:41:42,099 --> 00:41:43,760
Now, that doesn't sound right.
828
00:41:44,001 --> 00:41:47,459
That should be a good thing
and not a punishable offense.
829
00:41:49,006 --> 00:41:51,440
Okay, I know
what you're thinking.
830
00:41:51,842 --> 00:41:54,902
This woman snubbed her nose
at the laws of this state
831
00:41:54,979 --> 00:41:58,244
and a person just can't do that
and get away with it scot-free.
832
00:41:59,683 --> 00:42:02,550
It was the State
that let her down,
833
00:42:03,454 --> 00:42:07,049
and maybe, just maybe, we owe
her something in return.
834
00:42:07,691 --> 00:42:12,253
I ask you, what act could
possibly be more courageous
835
00:42:12,329 --> 00:42:15,730
than sacrificing your own son
for the greater good?
836
00:42:17,768 --> 00:42:19,998
Should that really be a crime?
837
00:42:30,881 --> 00:42:33,213
Did Mrs. Payton call
the police?
838
00:42:33,951 --> 00:42:36,181
That would have been
an act of courage.
839
00:42:36,287 --> 00:42:38,084
But she didn't do it.
840
00:42:39,189 --> 00:42:41,589
Did she tell her son's doctors
841
00:42:41,659 --> 00:42:44,594
that he had already killed
innocent people?
842
00:42:44,662 --> 00:42:48,428
That would've been courageous.
But she didn't do that, either.
843
00:42:49,366 --> 00:42:52,927
Yes, she's sympathetic.
I have a child myself,
844
00:42:53,003 --> 00:42:54,994
there but for the grace of God.
845
00:42:55,072 --> 00:42:56,630
But consider this:
846
00:42:57,508 --> 00:43:01,171
Mrs. Payton had an
opportunity to tell you
847
00:43:01,245 --> 00:43:04,681
that she killed her son
to save other people's lives.
848
00:43:04,782 --> 00:43:06,579
And she didn't do it.
849
00:43:06,984 --> 00:43:10,215
She had an opportunity
to tell you that she acted
850
00:43:10,287 --> 00:43:13,484
to stop her
disturbed son's suffering.
851
00:43:13,557 --> 00:43:16,390
And she didn't tell you that,
either.
852
00:43:19,730 --> 00:43:21,322
Yes,
853
00:43:21,398 --> 00:43:23,559
hers is a tragic story.
854
00:43:24,835 --> 00:43:27,167
But it's not a defense
to murder.
855
00:43:33,677 --> 00:43:35,838
JUDGE: Will the defendant
please rise?
856
00:43:38,248 --> 00:43:39,442
Have you reached a verdict?
857
00:43:39,516 --> 00:43:40,915
FOREPERSON:
We have, Your Honor.
858
00:43:42,786 --> 00:43:46,847
On the sole count of the indictment,
murder in the second degree,
859
00:43:46,924 --> 00:43:48,721
we find the defendant guilty.
860
00:43:49,360 --> 00:43:50,384
JUDGE: Thank you.
You are hereby...
861
00:43:50,461 --> 00:43:53,396
FOREPERSON: Excuse me, Your
Honor, but we have a question.
862
00:43:53,697 --> 00:43:54,891
I mean,
863
00:43:55,699 --> 00:43:58,463
do we have to send
this defendant to jail?
864
00:44:02,239 --> 00:44:05,834
Fortunately, the Penal Law
guarantees her jail time.
865
00:44:05,909 --> 00:44:08,275
So Kay Hartley called
to take me to lunch.
866
00:44:08,345 --> 00:44:11,974
She probably wants to weasel a
sentencing recommendation out of you.
867
00:44:12,082 --> 00:44:13,276
Good night.
Good night.
868
00:44:13,350 --> 00:44:14,350
JACK: Good night.
869
00:44:14,652 --> 00:44:18,588
It seems the only person who wants Mrs.
Payton in prison is Mrs. Payton.
870
00:44:18,689 --> 00:44:22,557
Well, we all do our emotional
penance in our own way.
871
00:44:22,626 --> 00:44:23,752
Including Kay.
872
00:44:23,827 --> 00:44:26,523
She'll have to work that much
longer to get her name on the door.
873
00:44:26,597 --> 00:44:34,565
Shame.
Yes, it is. Ripped By mstoll
874
00:44:34,615 --> 00:44:39,165
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