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NARRATOR:
In the criminal justice system
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00:00:03,105 --> 00:00:06,985
the people are represented by two
separate yet equally important groups,
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00:00:07,042 --> 00:00:08,885
the police
who investigate crime
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00:00:08,944 --> 00:00:11,754
and the district attorneys
who prosecute the offenders.
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These are their stories.
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00:00:15,083 --> 00:00:17,620
Honey, your leashing
is too slack. Shorten up.
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I said shorten, Ryan.
That's better.
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Never had any complaints
about my leashing before.
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(CHUCKLING) Don't worry. I'm a master
at teaching old dogs new tricks.
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(DOG BARKING)
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(GASPING) Oh, my God!
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00:00:30,699 --> 00:00:34,443
Decedent is a female, blond, early
30s, name of Karin Burdett.
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Looks like she fell, or
jumped from the building.
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00:00:36,706 --> 00:00:38,583
Her place on the 18th
floor has a balcony.
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Who ID'd her?
The doorman.
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Says her husband is president
of some drug company.
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00:00:42,478 --> 00:00:43,479
Did he see her fall?
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00:00:43,546 --> 00:00:44,547
He says he was on a break.
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00:00:44,614 --> 00:00:46,252
CURTIS: Excuse me,
is Mr. Burdett around?
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I called upstairs right when it happened.
He wasn't in.
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00:00:49,285 --> 00:00:50,628
What time was that?
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00:00:50,686 --> 00:00:51,960
11:45 or so.
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00:00:52,455 --> 00:00:56,062
He might have slipped back in while
I was on my break. I better check.
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00:00:56,125 --> 00:00:58,435
You notice what time
he went out this morning?
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00:00:58,494 --> 00:01:01,566
No, I must have missed it. I might
have been on a break then, too.
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00:01:01,631 --> 00:01:04,111
Three breaks in one morning? You
must have one hell of a union.
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What I have is a prostate condition.
Oh, wait, there he is.
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00:01:08,337 --> 00:01:09,475
Let him in,
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00:01:09,539 --> 00:01:12,418
CURTIS: Mr. Burdett,
we're with the police.
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Yes, what's wrong?
What happened here?
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I'm afraid it's about
your wife, sir.
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My wife? I was just at the
pharmacy getting her prescription.
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Karin!
Take it easy, Mr. Burdett.
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There's nothing
you can do for her now.
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Take it easy.
All right.
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All right.
Sit over here.
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Come on.
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We got you.
You're gonna be okay.
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00:01:31,427 --> 00:01:32,634
All right,
you just try to relax.
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00:01:32,696 --> 00:01:36,508
We're gonna come back and talk
to you in a minute. All right?
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00:01:37,634 --> 00:01:39,045
Guy is president
of a drug company,
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and he still has to schlepp to the
drugstore like the rest of us.
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What do you think she needed?
Happy pills?
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00:01:44,274 --> 00:01:46,584
I hope he got some for himself.
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00:02:36,494 --> 00:02:40,874
It's Desyrel. An anti-depressant.
Karin had a bad night.
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00:02:42,133 --> 00:02:44,739
What time did you
leave this morning?
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00:02:45,470 --> 00:02:47,040
About 10:00.
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00:02:47,105 --> 00:02:49,142
The pharmacy doesn't deliver?
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00:02:49,207 --> 00:02:51,517
They said it would
take two hours.
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00:02:51,576 --> 00:02:53,613
Was your wife
expecting anybody?
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00:02:53,678 --> 00:02:55,988
No. She'd taken
some sleeping pills.
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00:02:56,047 --> 00:02:58,960
She was groggy. She was in
no shape to see anyone.
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Mr. Burdett, did she ever
talk about suicide?
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00:03:04,489 --> 00:03:05,524
No.
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00:03:06,858 --> 00:03:08,860
Clemente, what have you got?
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00:03:08,927 --> 00:03:10,668
Latent pulled some
nice prints off the door,
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and over here on the railing.
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This where she went off?
Uh-huh.
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00:03:14,399 --> 00:03:17,380
Looks like she stumbled around,
knocked over these pots.
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00:03:17,435 --> 00:03:18,812
CURTIS: Hey, Lennie.
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Well, we got sleeping pills,
broken flower pots...
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00:03:21,939 --> 00:03:23,543
And we got this.
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Parlodel?
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00:03:25,677 --> 00:03:27,179
It's used to stop lactation.
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So where's the baby?
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(KNOCK AT DOOR)
CURTIS: Mr. Burdett,
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00:03:32,483 --> 00:03:36,057
these Parlodel for your wife. Do
you know why she was taking them?
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(SIGHING)
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She gave birth to a girl
three weeks ago.
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00:03:41,427 --> 00:03:42,838
Is the baby staying
with someone else?
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00:03:42,895 --> 00:03:44,499
We gave it up for adoption.
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00:03:45,731 --> 00:03:48,644
Well, how did Mrs. Burdett
feel about that?
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00:03:51,170 --> 00:03:52,171
(SIGHING)
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00:03:52,671 --> 00:03:54,446
It was understood
when we were married
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00:03:54,506 --> 00:03:56,747
I didn't want
any more children.
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00:03:57,376 --> 00:03:59,788
I have a teenage son
by my first marriage.
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00:03:59,845 --> 00:04:02,917
When Karin got pregnant,
we discussed it again.
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00:04:03,716 --> 00:04:06,856
In the end it just
didn't make sense.
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00:04:08,921 --> 00:04:12,767
She had two partially digested
Halcion tablets in her stomach.
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00:04:13,292 --> 00:04:14,737
She was feeling pretty good.
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00:04:14,793 --> 00:04:16,500
Good enough to make
it over a railing?
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00:04:16,562 --> 00:04:18,667
She might have managed it.
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00:04:18,731 --> 00:04:20,335
You said she was
taking Parlodel?
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00:04:20,399 --> 00:04:21,605
That's right.
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00:04:21,667 --> 00:04:24,170
The panel didn't pick
up any in her blood.
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00:04:24,236 --> 00:04:26,216
She hadn't taken it
for at least three days.
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00:04:26,271 --> 00:04:28,376
It takes that long
to clear the system.
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00:04:28,440 --> 00:04:31,080
So she stopped taking them. Maybe
they were upsetting her stomach.
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00:04:31,143 --> 00:04:34,215
Or she was getting ready
to take the baby back.
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00:04:34,813 --> 00:04:35,814
What's that?
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00:04:35,882 --> 00:04:38,829
You're jumping ahead.
It's an abraded contusion.
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Back of her right wrist.
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From the fall?
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00:04:41,187 --> 00:04:43,360
From having her arm
twisted, hard.
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00:04:45,925 --> 00:04:47,836
He's fifty-seven
years old, Lennie.
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00:04:47,894 --> 00:04:50,170
How would you like to
do diaper duty again?
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00:04:50,230 --> 00:04:52,267
Yeah, if that happened to me,
I'd jump off the roof.
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00:04:52,332 --> 00:04:55,211
Look, she would have fought back.
There'd be marks on him.
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00:04:55,268 --> 00:04:56,770
She was too doped up to fight.
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00:04:56,836 --> 00:04:58,406
You talk to Burdett's pharmacy?
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00:04:58,471 --> 00:05:01,077
They remember he was there, but they
don't know when or for how long.
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00:05:01,141 --> 00:05:03,451
Still, it's a ten minute trip
he says took him an hour.
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00:05:03,510 --> 00:05:05,888
One vote she was pushed,
one vote she jumped.
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00:05:05,945 --> 00:05:07,185
(PHONE RINGING)
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00:05:08,348 --> 00:05:09,691
Van Buren.
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00:05:11,217 --> 00:05:12,924
Could you hold on?
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00:05:12,986 --> 00:05:14,829
See if forensics
can break the tie.
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00:05:14,888 --> 00:05:16,697
And could you
close the door please?
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00:05:21,094 --> 00:05:22,198
Boyfriend?
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00:05:22,262 --> 00:05:23,332
Mrs. Van Buren?
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00:05:23,396 --> 00:05:26,741
No. I heard she took the Captain's exam.
Usually means a transfer.
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Just when I was getting used
to her sunny disposition.
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CLEMENTE: We'll do
another drop,
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00:05:31,905 --> 00:05:33,942
but so far we keep getting
the same results.
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00:05:34,007 --> 00:05:36,510
If we just drop the dummy,
it lands in the water,
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00:05:36,576 --> 00:05:38,716
56 inches short of where
your victim landed.
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00:05:38,779 --> 00:05:41,020
CURTIS: What if she had pushed
off the rail when she jumped?
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00:05:41,082 --> 00:05:43,619
Gets her maybe a foot
closer to the target.
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00:05:43,684 --> 00:05:46,062
She needed a nice big shove
to land where she did.
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00:05:46,120 --> 00:05:48,361
So much for
May-December romances.
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00:05:48,422 --> 00:05:49,696
It's enough to make me a cynic.
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00:05:49,757 --> 00:05:51,668
You know, Lennie, Karin
Burdett's obstetrician
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00:05:51,725 --> 00:05:53,830
was the one who prescribed
the anti-depressant.
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00:05:53,894 --> 00:05:56,773
She must have gotten an
earful about the adoption.
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00:06:00,167 --> 00:06:03,444
I spent a grand on a malpractice
seminar in Curaçao.
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00:06:03,904 --> 00:06:05,713
Besides finding out
I'm too old for Mai Tais,
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00:06:05,773 --> 00:06:07,548
I learned never to
talk out of school.
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00:06:07,608 --> 00:06:08,951
Your patient is dead,
Dr. Frieder.
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00:06:09,009 --> 00:06:10,920
I doubt she'd mind if you
violate her privilege.
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00:06:10,978 --> 00:06:12,048
Her estate might.
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00:06:12,113 --> 00:06:13,683
You mean her husband?
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00:06:13,747 --> 00:06:15,158
He's the murder suspect.
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00:06:16,016 --> 00:06:18,087
BRISCOE: Well, if it makes
you feel any better, Doc,
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00:06:18,152 --> 00:06:20,154
patient chit-chat
isn't privileged.
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00:06:20,221 --> 00:06:22,724
That includes anything non-medical
she might have said to you
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00:06:22,790 --> 00:06:24,736
about wanting to
revoke the adoption.
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00:06:24,792 --> 00:06:28,205
She had been very ambivalent all
along about giving it away.
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00:06:28,262 --> 00:06:30,799
She had 30 days after the
adoption to change her mind.
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00:06:30,865 --> 00:06:32,936
I don't know if she
took any legal steps.
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00:06:33,000 --> 00:06:34,843
Did she tell you how her
husband felt about it?
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00:06:34,902 --> 00:06:36,779
No. But I don't think
he was very supportive.
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00:06:36,837 --> 00:06:39,375
He didn't even show up
for the ultrasound.
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00:06:39,441 --> 00:06:40,943
Too much going on at work.
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00:06:41,009 --> 00:06:42,886
Do you know which adoption
agency they used?
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00:06:42,944 --> 00:06:45,686
They went through a baby broker.
I don't know his name.
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00:06:45,747 --> 00:06:48,421
Well, who did you hand the baby
off to after the delivery?
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00:06:48,483 --> 00:06:49,723
I wasn't at the delivery.
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00:06:49,784 --> 00:06:51,957
What, another
surf-and-sand seminar?
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00:06:52,020 --> 00:06:55,866
I was right here. They were in
Trenton, New Jersey. At City Hospital.
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00:06:57,926 --> 00:07:00,031
A public hospital?
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00:07:00,095 --> 00:07:02,166
Sure, I remember the Burdetts.
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00:07:02,230 --> 00:07:05,109
Our patients don't usually
pay with a platinum card.
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00:07:05,167 --> 00:07:07,340
And a very close,
loving couple they were.
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00:07:07,402 --> 00:07:10,440
While she was delivering the
baby, he's on a cell phone.
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00:07:10,505 --> 00:07:12,007
Half an hour after
that baby's born,
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00:07:12,073 --> 00:07:15,145
a lawyer shows up in a
limo and signs it out.
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00:07:15,210 --> 00:07:18,589
So you'd have his name and
number in the Burdetts' file.
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00:07:18,647 --> 00:07:22,094
Yes. That's where we keep
confidential information.
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00:07:22,884 --> 00:07:26,331
Oh, come on. You show me his
number, and I'll show you mine.
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00:07:26,388 --> 00:07:28,299
And I guarantee, you'll
have more fun with me
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00:07:28,356 --> 00:07:29,699
than I'm gonna have with him.
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00:07:29,758 --> 00:07:32,261
I don't think so, Romeo.
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00:07:32,327 --> 00:07:36,036
Last week, a young woman came in here
wanting to get in touch with the Burdetts.
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00:07:36,097 --> 00:07:37,770
Who was she?
I don't know,
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00:07:37,832 --> 00:07:39,574
but she didn't get
anything out of me either.
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00:07:39,635 --> 00:07:42,844
And she was a whole lot cuter than you.
Excuse me.
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00:07:45,174 --> 00:07:46,380
I knew it.
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00:07:46,442 --> 00:07:48,683
So what do you think?
The adoptive mother?
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00:07:48,744 --> 00:07:50,781
Well, if she got word Karin
Burdett was making a move
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00:07:50,846 --> 00:07:51,881
to get the kid back...
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00:07:51,948 --> 00:07:54,087
Remember Baby M?
That got very nasty.
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00:07:54,150 --> 00:07:56,460
Yeah, but they don't give
babies back to dead people.
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00:07:56,519 --> 00:07:57,964
We got to find these parents.
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00:07:58,020 --> 00:07:59,897
We can try to get the
adoption papers unsealed.
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00:07:59,956 --> 00:08:03,699
By then, the kid will be getting
her first hickey. Oh, Miz.
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00:08:07,296 --> 00:08:09,333
Our lawyer said that no one was
supposed to know who we were.
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00:08:09,398 --> 00:08:11,173
How did you guys...
BRISCOE: His car service.
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00:08:11,234 --> 00:08:12,440
They drove him here
with the baby.
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00:08:12,501 --> 00:08:15,539
And the hospital told us you tried
to contact the biological parents.
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00:08:16,606 --> 00:08:18,677
I didn't know we were
breaking any laws.
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00:08:19,408 --> 00:08:21,649
Why were you looking for them?
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00:08:23,112 --> 00:08:25,786
We waited five years
to get a child.
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00:08:27,083 --> 00:08:28,892
I wrote them
a letter to thank them,
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00:08:28,951 --> 00:08:31,989
and to let them know that
Maggie was in a good home.
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00:08:32,054 --> 00:08:34,330
Mr. Tooley wouldn't
pass it on to them.
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00:08:34,390 --> 00:08:36,063
So I found out
where Maggie was born.
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00:08:36,192 --> 00:08:37,330
Did you ever talk
to the parents?
188
00:08:37,393 --> 00:08:39,134
No. The hospital wouldn't
give me their name.
189
00:08:39,195 --> 00:08:41,039
Where were you last
Sunday morning?
190
00:08:41,098 --> 00:08:44,443
We were at a friend's house in
Astoria Park with Ellen's parents.
191
00:08:44,501 --> 00:08:45,775
They were visiting
from Indiana.
192
00:08:45,869 --> 00:08:47,542
We'll need to talk
to your friend.
193
00:08:47,671 --> 00:08:49,446
Why? What's going on?
194
00:08:50,741 --> 00:08:53,984
(SIGHING) The baby's mother
was found dead last Sunday.
195
00:08:54,578 --> 00:08:56,148
Oh, my God.
What happened?
196
00:08:56,213 --> 00:08:57,521
CURTIS: We're not sure.
197
00:08:58,248 --> 00:09:01,593
Anyone ever tell you that she
wanted to revoke the adoption?
198
00:09:01,652 --> 00:09:02,687
No.
199
00:09:03,220 --> 00:09:04,358
I can't believe this.
200
00:09:04,421 --> 00:09:05,456
(BABY CRYING)
201
00:09:05,522 --> 00:09:06,865
Excuse me.
202
00:09:09,259 --> 00:09:10,329
Do they want Maggie back?
203
00:09:10,394 --> 00:09:11,429
CURTIS: The mother
might have.
204
00:09:11,561 --> 00:09:12,596
We don't know about the father.
205
00:09:12,663 --> 00:09:15,576
Well, 12 more days and it's official.
She's ours.
206
00:09:15,932 --> 00:09:18,242
I don't think you have anything
to worry about, Mr. O'Brien.
207
00:09:18,302 --> 00:09:22,273
We can't even remember what life
was like without her. It was...
208
00:09:22,839 --> 00:09:24,614
Isn't she beautiful?
209
00:09:25,175 --> 00:09:26,620
Hello, baby.
210
00:09:34,851 --> 00:09:37,161
CURTIS: It explains
a lot, Mr. Burdett.
211
00:09:37,220 --> 00:09:41,327
The hospital in Trenton, the
lateral pass to the baby broker.
212
00:09:41,391 --> 00:09:43,338
Whatever difficulties
Karin and I had,
213
00:09:43,394 --> 00:09:45,499
we worked out
like civilized people.
214
00:09:46,364 --> 00:09:47,809
Let me get this straight.
215
00:09:47,865 --> 00:09:50,436
Your wife cheats on you with...
What's his name?
216
00:09:50,635 --> 00:09:52,808
I don't know.
She wouldn't tell me.
217
00:09:53,438 --> 00:09:55,008
Okay, so she gets pregnant.
218
00:09:55,073 --> 00:09:57,519
Now, you don't kick her out,
you don't slap her around.
219
00:09:57,575 --> 00:10:00,181
You even let her have the baby.
Because you're so civilized?
220
00:10:00,244 --> 00:10:01,450
Yes.
221
00:10:02,380 --> 00:10:04,656
Nobody is that civilized, Josh.
222
00:10:04,716 --> 00:10:07,663
Yeah, all right, maybe if it was
one of your country club pals.
223
00:10:07,719 --> 00:10:11,599
But she was sweating up the sheets
with some big good-looking black stud.
224
00:10:11,656 --> 00:10:13,260
That can really
piss some people off.
225
00:10:13,324 --> 00:10:14,962
You that kind
of people, Mr. Burdett?
226
00:10:15,026 --> 00:10:16,300
No.
227
00:10:16,361 --> 00:10:18,238
If she gets the baby back,
everybody is gonna know.
228
00:10:18,296 --> 00:10:19,297
Stop it.
229
00:10:19,364 --> 00:10:20,365
She was playing Scarlett O'Hara
230
00:10:20,431 --> 00:10:21,501
with Mandingo!
231
00:10:21,566 --> 00:10:22,909
Enough. That's enough.
232
00:10:22,967 --> 00:10:24,776
I did not kill Karin.
233
00:10:25,636 --> 00:10:27,547
Now, I've said
all I want to say.
234
00:10:27,605 --> 00:10:30,279
I came here voluntarily.
Now, I'm leaving.
235
00:10:30,341 --> 00:10:33,515
If you want to talk to me
again, contact my attorney.
236
00:10:36,514 --> 00:10:38,516
This guy could keep
snowflakes in his mouth.
237
00:10:38,583 --> 00:10:40,256
Well, if he killed her,
it's probably not
238
00:10:40,318 --> 00:10:41,956
the first time
he laid a hand on her.
239
00:10:42,019 --> 00:10:43,522
You check with
the local precinct?
240
00:10:43,589 --> 00:10:45,068
Yeah. No record
of domestic calls.
241
00:10:45,124 --> 00:10:47,070
We asked the neighbors.
The walls are thick.
242
00:10:47,126 --> 00:10:49,106
They wouldn't have heard him if
he shot her out of a cannon.
243
00:10:49,161 --> 00:10:51,072
She have a job?
Yeah.
244
00:10:51,630 --> 00:10:55,043
Resource Development at the
Shuman Foundation for Women.
245
00:10:55,100 --> 00:10:56,204
It's a charity.
246
00:10:56,268 --> 00:11:00,512
Well, if it's anything like this
place, everybody knows her business.
247
00:11:02,207 --> 00:11:06,849
I do know she and Mr. Burdett were
having some problems over her pregnancy.
248
00:11:07,179 --> 00:11:09,318
You mean, they had arguments?
Physical arguments?
249
00:11:09,381 --> 00:11:12,590
God, no. I didn't mean to give
you the wrong impression.
250
00:11:12,651 --> 00:11:14,653
I just overheard a phone call.
251
00:11:14,887 --> 00:11:16,025
She was pretty furious.
252
00:11:16,088 --> 00:11:17,567
What did she say?
253
00:11:17,623 --> 00:11:19,899
I just heard a little.
She said something like,
254
00:11:19,958 --> 00:11:23,531
"It's your baby. It's damn time
you took responsibility for it."
255
00:11:24,296 --> 00:11:25,798
Maybe not those exact words.
256
00:11:25,864 --> 00:11:27,810
Are you sure she was
talking to Mr. Burdett?
257
00:11:27,866 --> 00:11:29,937
Well, I assumed it was him.
258
00:11:30,002 --> 00:11:31,982
Could it possibly have
been someone else?
259
00:11:32,037 --> 00:11:33,072
No.
260
00:11:33,305 --> 00:11:34,682
You mean...
261
00:11:34,907 --> 00:11:39,322
No, not Mrs. Burdett. I would have
picked up on something like that.
262
00:11:40,446 --> 00:11:44,189
Who would have figured in an office full
of women, she kept her affair a secret?
263
00:11:44,249 --> 00:11:46,856
You'd expect she'd put a
star next to her rendezvous?
264
00:11:46,920 --> 00:11:49,560
Depends how good her boyfriend is.
Here we go.
265
00:11:49,622 --> 00:11:52,296
Ian Fraser, Esquire.
Matrimonial Law.
266
00:11:52,959 --> 00:11:55,371
She was fooling around
with a divorce lawyer?
267
00:11:55,428 --> 00:11:56,964
No, I think this was business.
268
00:11:57,030 --> 00:11:59,636
She had an appointment
with him two weeks ago.
269
00:11:59,699 --> 00:12:01,645
Maybe she chose
the baby over Burdett.
270
00:12:01,701 --> 00:12:06,650
"Morris Keach, Vice President
of RLH Contracting"
271
00:12:07,073 --> 00:12:10,316
"and Co-Chairman of the Saint
Vincent Children's Foundation."
272
00:12:10,977 --> 00:12:14,686
Here he is accepting a $10,000
check from Karin Burdett.
273
00:12:16,349 --> 00:12:20,525
And here he is sharing a cocktail
with her at a Foundation luncheon.
274
00:12:20,854 --> 00:12:23,334
If they were any cozier, he'd
be sharing his pants with her.
275
00:12:23,389 --> 00:12:25,630
And he's the right complexion.
276
00:12:25,992 --> 00:12:30,202
We got friendly last year, when I
solicited her Foundation for a grant.
277
00:12:30,263 --> 00:12:31,970
She called me up
and asked me to lunch.
278
00:12:32,031 --> 00:12:34,375
Just like that? Out of the blue?
What did she want?
279
00:12:34,434 --> 00:12:35,469
Best I could figure,
280
00:12:35,535 --> 00:12:38,516
she wanted to talk about my kids.
I have three.
281
00:12:38,571 --> 00:12:41,347
She wanted to know what it's
like raising them in the city.
282
00:12:41,407 --> 00:12:43,717
She was looking for
a good nursery school?
283
00:12:43,776 --> 00:12:47,054
No. Raising them
as African Americans.
284
00:12:47,114 --> 00:12:49,993
What kind of problems
they might run into.
285
00:12:50,050 --> 00:12:52,724
She was thinking of adopting
an African American baby.
286
00:12:52,786 --> 00:12:55,630
Actually, Mr. Keach,
she gave birth to one.
287
00:12:55,823 --> 00:12:57,029
Really?
288
00:12:58,526 --> 00:13:01,097
You think I'm the father?
That's nuts.
289
00:13:01,162 --> 00:13:04,439
Look, Mr. Keach, you got yourself
in a jam We can understand that.
290
00:13:04,498 --> 00:13:06,409
And Karin Burdett wouldn't
let you off the hook.
291
00:13:06,467 --> 00:13:08,140
She expected help
with the baby.
292
00:13:08,202 --> 00:13:09,510
Now I know you're nuts.
293
00:13:09,570 --> 00:13:11,641
CURTIS: Yeah? Where were
you on Sunday morning?
294
00:13:11,705 --> 00:13:15,152
I went running at the reservoir.
This is unbelievable.
295
00:13:15,709 --> 00:13:17,711
I did not sleep
with Karin Burdett.
296
00:13:17,778 --> 00:13:20,054
So prove it to us.
Take a paternity test.
297
00:13:20,548 --> 00:13:22,027
I want to talk
to a lawyer first.
298
00:13:22,149 --> 00:13:23,389
He'll tell you we
can get a warrant.
299
00:13:23,450 --> 00:13:25,794
Well, then get one.
300
00:13:31,191 --> 00:13:34,035
Until the adoption is final, the
O'Briens are a little gun-shy.
301
00:13:34,094 --> 00:13:37,701
That's why they asked me to talk
to you about this paternity test.
302
00:13:37,765 --> 00:13:38,800
It's very simple.
303
00:13:38,866 --> 00:13:41,642
The police think whoever killed
Karin Burdett is the baby's father.
304
00:13:41,702 --> 00:13:44,615
They have a suspect, they'd
like to establish paternity.
305
00:13:44,672 --> 00:13:45,810
What's in it for the O'Briens?
306
00:13:45,873 --> 00:13:46,944
Nothing.
307
00:13:47,008 --> 00:13:49,511
Isn't doing your civic
duty its own reward?
308
00:13:49,578 --> 00:13:50,989
It's a headache
they don't need.
309
00:13:51,046 --> 00:13:53,959
Mr. Brody, we're talking about a
small blood sample from the baby.
310
00:13:54,015 --> 00:13:57,553
So you can determine that her
father murdered her mother?
311
00:13:57,619 --> 00:14:00,156
Little Maggie already has
more baggage than Greyhound.
312
00:14:00,222 --> 00:14:03,635
She's got inherited megaloblastic anemia.
She's got asthma.
313
00:14:03,692 --> 00:14:05,035
The O'Briens' cup runneth over.
314
00:14:05,093 --> 00:14:07,903
We feel badly for them,
but we have a situation.
315
00:14:09,798 --> 00:14:11,869
Well, let me talk to them.
316
00:14:12,300 --> 00:14:15,281
Ross is getting the big
stall from the O'Briens.
317
00:14:15,337 --> 00:14:17,647
Keach's lawyer won't let him
go anywhere near a needle.
318
00:14:17,706 --> 00:14:19,310
Can you bust his alibi?
319
00:14:19,374 --> 00:14:20,944
He was running by himself.
320
00:14:21,009 --> 00:14:23,853
We showed his picture around the reservoir.
Nobody remembers him.
321
00:14:23,912 --> 00:14:27,291
Toss it back to the D.A. Let them
worry about the paternity test.
322
00:14:27,349 --> 00:14:30,626
Actually, there might be another
way to hook up Keach to the baby.
323
00:14:30,685 --> 00:14:34,360
The kid has an inherited medical condition.
Megaloblastic anemia.
324
00:14:34,422 --> 00:14:37,892
So either Karin Burdett or Keach
would have had to pass it on.
325
00:14:37,959 --> 00:14:41,429
The M.E. said whoever passed it on to
the kid would be taking medication.
326
00:14:41,496 --> 00:14:43,772
Large doses of folio acid.
327
00:14:43,832 --> 00:14:46,938
Well, here's the inventory from
the Burdetts' medicine cabinet.
328
00:14:47,002 --> 00:14:49,244
Folate, one milligram tablets.
329
00:14:49,905 --> 00:14:52,545
Wait a minute,
that's not right.
330
00:14:52,608 --> 00:14:55,714
This prescription is made
out to Joshua Burdett.
331
00:14:57,346 --> 00:14:59,986
He's the father?
He's black?
332
00:15:01,083 --> 00:15:02,960
Maybe the pharmacy
made a mistake.
333
00:15:03,019 --> 00:15:05,260
Or maybe he's taking
it as a supplement.
334
00:15:05,321 --> 00:15:07,494
I heard it's good
for thinning hair.
335
00:15:07,556 --> 00:15:09,797
Burdett has
an ex-wife, right?
336
00:15:10,426 --> 00:15:12,463
Ask her if he has anemia.
337
00:15:13,362 --> 00:15:16,309
Yes, Josh has the condition.
338
00:15:16,365 --> 00:15:19,312
We were worried that he might
pass it on to our son David,
339
00:15:19,368 --> 00:15:21,041
but we were lucky.
340
00:15:21,470 --> 00:15:23,973
BRISCOE: Mrs. Houston,
far as you know,
341
00:15:24,040 --> 00:15:26,577
what's your ex-husband's
ethnic background?
342
00:15:27,443 --> 00:15:31,152
Burdett is an old
Anglo-Scottish name.
343
00:15:31,213 --> 00:15:34,057
And his mother, I think,
was French-Italian.
344
00:15:34,116 --> 00:15:37,427
Did you ever meet his relatives
or see any pictures of them?
345
00:15:37,486 --> 00:15:41,628
Josh was an only child, and his
parents died when he was very young.
346
00:15:42,058 --> 00:15:43,264
What are you getting at?
347
00:15:43,325 --> 00:15:47,034
His late wife gave birth to a
baby with megaloblastic anemia.
348
00:15:47,129 --> 00:15:49,075
The baby was part black.
349
00:15:50,167 --> 00:15:53,046
That's... Oh, what about
Karin's parentage?
350
00:15:53,337 --> 00:15:55,977
Danish. About as
white as you can get.
351
00:15:56,440 --> 00:15:58,716
Excuse me.
352
00:15:59,676 --> 00:16:03,920
David, would you and Veronica go
upstairs please, until I'm finished?
353
00:16:05,949 --> 00:16:07,587
Thank you, honey.
354
00:16:11,188 --> 00:16:13,634
You saw my son.
He's not black.
355
00:16:14,691 --> 00:16:15,761
And neither is Josh.
356
00:16:15,826 --> 00:16:18,432
I'm sorry, Mrs. Houston,
but this baby...
357
00:16:18,628 --> 00:16:20,369
Karin was unstable.
358
00:16:20,964 --> 00:16:23,308
I called Josh
that Sunday morning.
359
00:16:23,366 --> 00:16:25,607
He had to go out
and get her some pills.
360
00:16:25,869 --> 00:16:28,713
I could hear her
screaming like a banshee.
361
00:16:29,706 --> 00:16:33,017
She was capable
of anything with anybody.
362
00:16:33,777 --> 00:16:35,347
We've already
been down that road.
363
00:16:35,412 --> 00:16:36,948
Josh is not black.
364
00:16:37,748 --> 00:16:41,753
I was married to him for nineteen years.
I'd know.
365
00:16:44,121 --> 00:16:45,259
(DOOR OPENING)
366
00:16:45,422 --> 00:16:47,231
BRISCOE: Your lawyer
is on his way in.
367
00:16:48,291 --> 00:16:51,432
To pass the time, let's talk about
you volunteering a blood sample.
368
00:16:51,796 --> 00:16:52,934
For what?
369
00:16:52,997 --> 00:16:54,101
A paternity test.
370
00:16:55,066 --> 00:16:58,070
You and that baby you can't
run away from fast enough.
371
00:16:58,136 --> 00:17:00,207
That's ridiculous.
I'm not the father.
372
00:17:00,271 --> 00:17:02,273
Well, you both
have the same anemia.
373
00:17:02,340 --> 00:17:04,718
So do thousands
of other people.
374
00:17:04,776 --> 00:17:07,780
First I killed Karin because she
had a child by another man.
375
00:17:07,845 --> 00:17:10,052
Then I killed her
because she had my child?
376
00:17:10,181 --> 00:17:11,922
Because she wanted
to keep your child.
377
00:17:13,251 --> 00:17:17,597
And because everybody in your
just-us-white-folks executive suite
378
00:17:17,655 --> 00:17:19,965
was gonna find out
you're black, Josh.
379
00:17:20,024 --> 00:17:22,470
That's absurd.
I mean, look at me.
380
00:17:27,965 --> 00:17:29,842
I want to talk to him.
381
00:17:34,539 --> 00:17:36,041
(DOOR CLOSING)
382
00:17:41,145 --> 00:17:42,818
Hello, my brother.
383
00:17:45,083 --> 00:17:48,155
Damn, look at you.
384
00:17:49,420 --> 00:17:51,627
You did it. You passed.
385
00:17:53,525 --> 00:17:57,871
You know, I thought up close I'd be
able to tell, but I swear, I can't.
386
00:17:59,031 --> 00:18:02,069
So what's it like when
it's just you and them?
387
00:18:05,304 --> 00:18:08,114
You laugh along when
they tell the jokes?
388
00:18:09,408 --> 00:18:12,116
Oh, you know what
I'm talking about, right?
389
00:18:12,978 --> 00:18:18,052
Or do you tell nigger jokes, too,
just to keep up appearances?
390
00:18:18,117 --> 00:18:19,391
If you don't mind.
391
00:18:20,385 --> 00:18:25,698
Oh, am I sitting too close? What, I
remind you of somebody? Your mother?
392
00:18:26,792 --> 00:18:29,329
Was she dark-skinned?
High yellow?
393
00:18:30,362 --> 00:18:31,670
Redbone?
394
00:18:36,201 --> 00:18:38,442
You're scared now, aren't you?
395
00:18:39,972 --> 00:18:42,680
You been scared
for almost 40 years.
396
00:18:43,475 --> 00:18:46,183
And all that fear came
gushing out Sunday morning.
397
00:18:46,245 --> 00:18:48,657
You panicked.
Isn't that right?
398
00:18:51,049 --> 00:18:54,862
You go ahead.
Tell me what happened.
399
00:18:56,723 --> 00:19:00,671
Take the weight off, my brother.
You'll feel better.
400
00:19:05,565 --> 00:19:06,703
I'm Mr. Burdett's attorney.
401
00:19:06,766 --> 00:19:09,940
You mind telling me what
my client is doing here?
402
00:19:10,570 --> 00:19:13,608
We're arresting your client
for the murder of his wife.
403
00:19:13,673 --> 00:19:14,947
Take him down to booking.
404
00:19:15,008 --> 00:19:16,715
BRISCOE: Josh Burdett,
you're under arrest.
405
00:19:16,776 --> 00:19:18,449
You have the right
to remain silent.
406
00:19:18,511 --> 00:19:21,685
Anything you do say can and will be
used against you in a court of law.
407
00:19:21,748 --> 00:19:22,920
You have the right
to an attorney...
408
00:19:25,318 --> 00:19:26,922
It seems he had
everybody fooled.
409
00:19:26,986 --> 00:19:28,988
His whole life was a charade.
It's pathetic.
410
00:19:29,055 --> 00:19:31,262
Maybe 30, 40 years ago
it made more sense.
411
00:19:31,324 --> 00:19:33,861
Back then they had lynch
mobs and bullwhips.
412
00:19:33,927 --> 00:19:36,669
Now they use toilet plungers.
Progress.
413
00:19:37,564 --> 00:19:40,374
You confirmed that he's
the father of this child?
414
00:19:40,433 --> 00:19:43,141
We're just waiting for a
blood sample from the baby.
415
00:19:43,202 --> 00:19:44,840
What else?
Weak alibi.
416
00:19:44,904 --> 00:19:47,578
Forensics to establish
the manner of death.
417
00:19:47,640 --> 00:19:51,349
His motive being that he didn't want
anyone to know he was black. Why?
418
00:19:51,411 --> 00:19:53,413
Shame, loss of friends,
his work.
419
00:19:53,479 --> 00:19:55,153
I can just imagine
what he was afraid of.
420
00:19:55,215 --> 00:19:57,354
Don't imagine it.
Prove it.
421
00:19:57,651 --> 00:19:59,096
(PHONE RINGING)
422
00:20:01,021 --> 00:20:04,298
Madeline's phone number.
I promised her you'd call.
423
00:20:05,593 --> 00:20:07,539
Ross. Yeah.
424
00:20:08,629 --> 00:20:11,269
Since when?
We'll get right on it.
425
00:20:12,800 --> 00:20:14,802
That was Curtis.
The adoptive mother
426
00:20:14,868 --> 00:20:16,814
has disappeared with the baby.
427
00:20:17,004 --> 00:20:18,608
I don't know where they are.
428
00:20:18,672 --> 00:20:19,742
She left without telling you?
429
00:20:19,807 --> 00:20:20,842
What's it to you?
430
00:20:20,908 --> 00:20:22,615
They can come
and go as they please.
431
00:20:22,676 --> 00:20:25,316
That child's paternity
is evidence in a murder.
432
00:20:25,379 --> 00:20:26,881
I'm her father.
433
00:20:26,947 --> 00:20:29,757
You're crazy if you think I'm gonna
help you to prove Burdett is anything.
434
00:20:29,817 --> 00:20:31,319
Why? What are you
worried about?
435
00:20:31,385 --> 00:20:33,490
If Mr. Burdett turns out
to be the biological father,
436
00:20:33,554 --> 00:20:35,761
it gives him legal standing
to revoke the adoption.
437
00:20:35,823 --> 00:20:37,996
His wife wanted our baby back.
Maybe he does, too.
438
00:20:38,058 --> 00:20:40,937
Who told you that?
Was it Mr. Burdett?
439
00:20:41,462 --> 00:20:43,305
Did he threaten you
or pay you to do this?
440
00:20:43,364 --> 00:20:46,038
The paternity test could help
convict Burdett of murder.
441
00:20:46,100 --> 00:20:48,273
No judge will ever grant
custody to a murderer.
442
00:20:48,335 --> 00:20:49,837
Tell that to the Simpson kids.
443
00:20:50,304 --> 00:20:53,945
Mr. O'Brien, I have a court
order for the paternity test.
444
00:20:54,008 --> 00:20:56,080
I can compel you to tell
us where your child is.
445
00:20:56,144 --> 00:20:58,385
What are you going to do,
cite him for contempt?
446
00:20:58,446 --> 00:21:00,323
His position is,
he doesn't know
447
00:21:00,382 --> 00:21:02,760
where his wife
and baby are. Period.
448
00:21:05,887 --> 00:21:07,525
We need that test.
449
00:21:07,589 --> 00:21:09,227
We need to turn up
the heat on O'Brien.
450
00:21:09,291 --> 00:21:10,861
If he's getting
paid off by Burdett,
451
00:21:10,925 --> 00:21:12,905
he's on the hook for a
lot more than contempt.
452
00:21:12,961 --> 00:21:14,406
I'll get Briscoe
and Curtis on it.
453
00:21:14,462 --> 00:21:17,841
Then talk to Burdett's employers.
Let's nail down his motive.
454
00:21:18,667 --> 00:21:21,671
You can't be right, Ms. Ross.
Josh is a straight arrow.
455
00:21:21,736 --> 00:21:23,579
If he says he's white,
he's white.
456
00:21:24,472 --> 00:21:26,577
He checked white
on his application.
457
00:21:26,641 --> 00:21:28,985
I thought it was illegal
to ask an applicant's race.
458
00:21:29,044 --> 00:21:34,255
It is now. That was filled out in 1963.
The bad old days.
459
00:21:34,949 --> 00:21:36,622
What if he'd said he was black?
460
00:21:36,685 --> 00:21:39,757
He was hired as a sales associate
in our Richmond office.
461
00:21:39,821 --> 00:21:42,700
The market was southern
doctors and pharmacists.
462
00:21:42,757 --> 00:21:45,169
The application would have
ended up in the trash.
463
00:21:45,226 --> 00:21:48,173
And now? If the company found
out he was African American?
464
00:21:48,229 --> 00:21:52,006
Now? Hell, we'd probably
put him on the board.
465
00:21:52,567 --> 00:21:54,137
(CHUCKLING) Cheaper
than Colin Powell.
466
00:21:55,336 --> 00:21:58,079
You're wrong about Josh. I've
known the man for twenty years,
467
00:21:58,140 --> 00:21:59,551
and I never saw any hint
468
00:21:59,608 --> 00:22:01,554
he was anything
but what he said he was.
469
00:22:01,610 --> 00:22:03,055
What kind of hints
were you looking for?
470
00:22:03,112 --> 00:22:04,284
Well, for example,
471
00:22:04,346 --> 00:22:08,158
there was a young black man a
couple of years ago. Shawn Taitt.
472
00:22:08,217 --> 00:22:10,891
A real comer
Josh put under his wing.
473
00:22:11,353 --> 00:22:15,199
Then one day, he's gone. Josh
had enough of the attitude.
474
00:22:15,257 --> 00:22:17,100
Everything was
"black this, black that"
475
00:22:17,326 --> 00:22:18,566
Mr. Burdett fired him?
476
00:22:18,627 --> 00:22:19,799
And get us sued?
477
00:22:20,629 --> 00:22:23,473
Josh promoted him
to our office in Duluth.
478
00:22:24,400 --> 00:22:29,179
One sub-zero winter, and
Taitt got the idea. He quit.
479
00:22:30,840 --> 00:22:33,650
Mr. Burdett told your colleagues
you had an attitude problem.
480
00:22:33,709 --> 00:22:35,689
Maybe that's what he told
them, but we got along fine
481
00:22:35,745 --> 00:22:37,622
until I found out
he was from Knoxville.
482
00:22:37,680 --> 00:22:40,251
What, you don't like
people from Knoxville?
483
00:22:40,316 --> 00:22:41,852
I told him I had family there.
484
00:22:41,917 --> 00:22:43,794
And they knew a Burdett family.
485
00:22:43,853 --> 00:22:45,491
A black family.
Mmm-hmm.
486
00:22:45,554 --> 00:22:47,761
A month later I was
shipped off to Duluth.
487
00:22:47,823 --> 00:22:49,302
Did you suspect why?
488
00:22:49,358 --> 00:22:50,803
Mmm-hmm.
He was passing.
489
00:22:51,494 --> 00:22:53,269
You could have sued.
490
00:22:53,963 --> 00:22:57,172
Why make trouble for the man?
He's a whole other generation.
491
00:22:57,233 --> 00:22:58,474
I can just imagine
what he went through,
492
00:22:58,535 --> 00:23:02,449
being a black kid
in Tennessee in the '50s.
493
00:23:03,907 --> 00:23:05,113
(SIGHING)
494
00:23:05,175 --> 00:23:07,587
That's the fourteenth Burdett
I've spoken to in Knoxville.
495
00:23:07,644 --> 00:23:09,817
Not one of them will
claim Josh Burdett.
496
00:23:09,880 --> 00:23:11,985
What about birth records?
497
00:23:12,048 --> 00:23:14,085
They're in the Knox
county clerk's office.
498
00:23:14,151 --> 00:23:16,188
They're working on it, but
it might take some time.
499
00:23:16,253 --> 00:23:20,030
There's nothing in his personal records either.
No birth certificate,
500
00:23:20,090 --> 00:23:22,627
no relatives in his
address book, no photos.
501
00:23:22,692 --> 00:23:24,933
The paternity test might be our
only way to prove he's black.
502
00:23:24,995 --> 00:23:26,372
What's happening
with the O'Briens?
503
00:23:26,430 --> 00:23:28,341
The police haven't found
any pay-offs by Burdett.
504
00:23:28,398 --> 00:23:31,311
But they turned up this check.
505
00:23:35,071 --> 00:23:40,077
Leonard Hillman, Esquire.
Twenty thousand dollars.
506
00:23:40,143 --> 00:23:42,316
Burdett wrote it a week
before his wife died.
507
00:23:42,379 --> 00:23:45,053
Hillman specializes in employment
discrimination claims.
508
00:23:45,115 --> 00:23:48,722
Yeah, he sued this office
two years ago.
509
00:23:48,785 --> 00:23:52,323
So, what does a white male executive
need with a civil rights attorney?
510
00:23:53,089 --> 00:23:54,591
I'll ask.
511
00:23:57,594 --> 00:23:59,632
By the way,
how'd it go last night?
512
00:24:00,531 --> 00:24:04,980
With Madeline? She's bright, attractive, funny.
As advertised. Thanks.
513
00:24:05,036 --> 00:24:07,277
You're welcome.
514
00:24:07,338 --> 00:24:10,911
In case you're wondering, she thought
you were charming, passionate.
515
00:24:10,975 --> 00:24:12,113
Passionate?
516
00:24:12,176 --> 00:24:13,280
About your work.
517
00:24:13,344 --> 00:24:14,482
(CHUCKLES)
518
00:24:16,047 --> 00:24:18,687
She said you mentioned
Claire Kincaid.
519
00:24:19,217 --> 00:24:22,061
Because Madeline's brother spent
three months in the hospital
520
00:24:22,119 --> 00:24:25,157
thanks to a drunk driver.
I was not obsessing.
521
00:24:25,223 --> 00:24:29,194
Don't worry. For some reason
she'd like to see you again.
522
00:24:34,632 --> 00:24:36,578
Yes, Mr. Burdett
came to see me.
523
00:24:36,634 --> 00:24:38,841
No, I can't tell you
what we discussed.
524
00:24:38,903 --> 00:24:41,713
Fine. So let's discuss
my problem, Mr. Hillman.
525
00:24:41,772 --> 00:24:44,810
Just so happens in my spare time
I'm president of a large company.
526
00:24:44,875 --> 00:24:45,910
Go on.
527
00:24:45,977 --> 00:24:47,251
This company
doesn't hire women.
528
00:24:47,311 --> 00:24:51,088
So I've mislead my employers and the
shareholders by claiming I'm a man.
529
00:24:51,149 --> 00:24:53,629
And they fell for it?
Hard to believe.
530
00:24:53,684 --> 00:24:54,958
Can I be fired for that?
531
00:24:55,019 --> 00:24:58,228
As a general rule, misrepresentations
not material to your work
532
00:24:58,289 --> 00:24:59,893
are not grounds for dismissal.
533
00:24:59,957 --> 00:25:04,373
So if they fire me for lying
about my gender, or race,
534
00:25:04,429 --> 00:25:06,409
they're liable for a claim
of wrongful termination?
535
00:25:06,465 --> 00:25:08,775
Yes. But in the hypothetical,
536
00:25:08,834 --> 00:25:12,281
most executives are employed under
personal services contracts,
537
00:25:12,337 --> 00:25:16,114
which have standard provisions for
termination for acts of moral turpitude.
538
00:25:16,174 --> 00:25:17,551
Such as lying.
Yes.
539
00:25:17,609 --> 00:25:19,418
But, again in the hypothetical,
540
00:25:19,478 --> 00:25:23,016
that could put your considerable
stocks and pension benefits at risk.
541
00:25:23,081 --> 00:25:26,358
You charge the average executive
$20,000 to talk about those risks?
542
00:25:26,418 --> 00:25:29,126
No, what Joshua Burdett
paid me is a retainer.
543
00:25:29,187 --> 00:25:32,168
'Cause he thought
he was about to get fired?
544
00:25:32,224 --> 00:25:35,967
Because his company was about to
find out he's African American?
545
00:25:36,028 --> 00:25:37,803
I can't comment.
546
00:25:38,597 --> 00:25:41,976
Burdett has a retirement
package worth over $8,000,000.
547
00:25:42,034 --> 00:25:43,604
With stock options,
it's double that.
548
00:25:43,669 --> 00:25:46,309
(LAUGHS) We're in
the wrong business.
549
00:25:47,339 --> 00:25:49,945
Burdett concluded it'd be
cheaper to kill his wife.
550
00:25:50,008 --> 00:25:52,352
Except he paid
the lawyer a retainer.
551
00:25:52,411 --> 00:25:54,755
The lawyer as much as told me that
Burdett and his wife had decided
552
00:25:54,813 --> 00:25:56,884
to get their baby back.
553
00:25:56,948 --> 00:25:58,689
There goes his motive.
554
00:25:59,551 --> 00:26:02,761
Why do you always give me bad
news while I'm digesting?
555
00:26:03,890 --> 00:26:05,836
If it's true, why
didn't Burdett tell us?
556
00:26:05,892 --> 00:26:07,769
Is there somebody
he's trying to protect?
557
00:26:09,162 --> 00:26:12,371
(SIGHING) He has an ex-wife
and a teenage son.
558
00:26:12,432 --> 00:26:14,537
Even if Burdett was willing to
take the heat for his decision,
559
00:26:14,601 --> 00:26:15,773
maybe they weren't.
560
00:26:15,835 --> 00:26:20,750
Will you please find out what they
were doing that Sunday morning?
561
00:26:20,807 --> 00:26:22,753
I'll get this.
562
00:26:23,576 --> 00:26:25,817
Frances Houston,
Burdett's ex-wife,
563
00:26:25,878 --> 00:26:27,255
said she called
him in the morning,
564
00:26:27,313 --> 00:26:31,591
just before he went to the pharmacy.
That's confirmed by her IUDs.
565
00:26:31,651 --> 00:26:34,029
We got calls on her line
and on her son's,
566
00:26:34,087 --> 00:26:38,160
roughly 20 minutes before and
after Mrs. Burdett was killed.
567
00:26:38,224 --> 00:26:40,397
They live about 10 minutes
from the Burdetts.
568
00:26:40,460 --> 00:26:42,337
So either of them
had the time to do it.
569
00:26:42,395 --> 00:26:44,204
But look at these.
570
00:26:44,263 --> 00:26:48,336
IUDs from last week. Ms. Houston
got a 12-minute collect call
571
00:26:48,401 --> 00:26:51,007
from a convenience store
in Hobart, Indiana.
572
00:26:51,404 --> 00:26:53,509
The adoptive mother, don't
her parents live in Indiana?
573
00:26:53,573 --> 00:26:56,645
Yes. Look at the next call
Ms. Houston made.
574
00:26:58,478 --> 00:26:59,889
Western Union.
575
00:26:59,946 --> 00:27:02,859
I doubt she was sending
birthday greetings.
576
00:27:02,915 --> 00:27:08,229
Ms. Houston wired $3,000 to a
Mrs. Teresa Gaydos in Hobart.
577
00:27:08,288 --> 00:27:09,824
She's your mother-in-law,
isn't she?
578
00:27:09,890 --> 00:27:14,168
Mr. O'Brien, hindering
prosecution is a felony.
579
00:27:14,228 --> 00:27:18,870
If you don't cooperate now,
today, I will prosecute you.
580
00:27:18,932 --> 00:27:20,809
You and your wife
will go to jail.
581
00:27:20,868 --> 00:27:22,176
You will lose
custody of your baby.
582
00:27:22,236 --> 00:27:23,271
Mr. McCoy...
583
00:27:23,337 --> 00:27:25,180
I mean it!
584
00:27:25,239 --> 00:27:28,550
People who get in the way of
my murder cases get run over.
585
00:27:37,685 --> 00:27:39,892
He tells you what he knows,
586
00:27:39,954 --> 00:27:43,094
you don't press charges
against him or his wife.
587
00:27:43,157 --> 00:27:45,159
Let's hear it.
588
00:27:46,660 --> 00:27:49,072
Ms. Houston came to us
before Burdett was arrested
589
00:27:49,129 --> 00:27:52,372
and she said, "Watch out.
Burdett didn't kill his wife."
590
00:27:53,067 --> 00:27:54,444
She said once
he clears himself,
591
00:27:54,501 --> 00:27:56,037
he's gonna
fight us for the baby.
592
00:27:56,103 --> 00:27:59,949
She told us to take Maggie out of state.
She even offered us money.
593
00:28:00,007 --> 00:28:02,009
Did she say why
she was doing this?
594
00:28:02,075 --> 00:28:05,489
I can't understand how an educated
woman like her could say it,
595
00:28:05,547 --> 00:28:07,720
but she said
596
00:28:07,782 --> 00:28:11,696
she didn't want "some nappy-haired
little monkey" ruining her family.
597
00:28:19,661 --> 00:28:23,404
Now you don't think he killed his wife?
Thanks for telling us.
598
00:28:23,465 --> 00:28:26,969
The bad news is, we might charge
him with hindering prosecution.
599
00:28:27,035 --> 00:28:28,241
Prosecution of whom?
600
00:28:28,303 --> 00:28:29,941
The police identified
the fingerprints
601
00:28:30,004 --> 00:28:31,813
found in your bedroom
and on the balcony.
602
00:28:31,873 --> 00:28:34,649
They found yours, your
wife's, your housekeeper's,
603
00:28:34,709 --> 00:28:35,915
and your ex-wife's.
604
00:28:35,977 --> 00:28:37,547
Frances?
605
00:28:37,612 --> 00:28:40,388
She paid the O'Briens
to take the baby out of state.
606
00:28:40,448 --> 00:28:42,155
We think she killed your wife.
607
00:28:44,619 --> 00:28:46,599
Anything you want to
tell us, Mr. Burdett?
608
00:28:52,293 --> 00:28:54,864
Uh, excuse us.
609
00:29:01,002 --> 00:29:05,474
For now, whatever my client
tells you is off the record.
610
00:29:07,710 --> 00:29:09,519
Let's hear it.
611
00:29:12,148 --> 00:29:15,595
Before we were married, I told
Karin about my background.
612
00:29:15,651 --> 00:29:21,033
It was our secret. But the
pregnancy was a mistake.
613
00:29:21,090 --> 00:29:24,162
We argued for weeks
about terminating it.
614
00:29:24,226 --> 00:29:26,797
We finally agreed
on the adoption.
615
00:29:27,930 --> 00:29:32,401
But after we gave up our baby,
Karin became so unhappy.
616
00:29:33,202 --> 00:29:34,237
(SIGHING)
617
00:29:34,303 --> 00:29:38,080
I loved her,
she wanted our child back,
618
00:29:39,041 --> 00:29:41,578
so that's what
we decided to do.
619
00:29:42,645 --> 00:29:46,787
That Saturday, I told my son
the truth about everything.
620
00:29:46,849 --> 00:29:48,590
The next morning,
Frances called me.
621
00:29:48,651 --> 00:29:51,825
She said David was angry
and behaving erratically.
622
00:29:51,887 --> 00:29:55,994
She begged me to reconsider.
I said our mind was made up.
623
00:29:56,959 --> 00:30:01,806
I didn't know what to think after Karin died.
I called Frances.
624
00:30:02,865 --> 00:30:07,110
She said Karin was dead and
we had to protect our son.
625
00:30:07,938 --> 00:30:09,815
She told you your son
killed your wife?
626
00:30:09,873 --> 00:30:10,977
No.
627
00:30:11,041 --> 00:30:14,488
No, not in so many words.
But that's what I understood.
628
00:30:14,544 --> 00:30:17,286
That's why I misled the police.
629
00:30:19,049 --> 00:30:21,393
I discussed your offer
with Ms. Houston.
630
00:30:21,451 --> 00:30:24,921
I explained that prosecutors don't
just like to beat the other guy.
631
00:30:24,988 --> 00:30:26,899
They want him to
limp off the field.
632
00:30:26,957 --> 00:30:29,437
No wiggle room,
Ms. Joyner.
633
00:30:29,493 --> 00:30:31,598
Manslaughter one,
eight-and-a-third-to-25,
634
00:30:31,661 --> 00:30:33,504
or she goes on trial
for murder two.
635
00:30:33,563 --> 00:30:35,372
Then you won't like my counter.
636
00:30:35,432 --> 00:30:37,935
Second degree manslaughter,
minimum time.
637
00:30:38,001 --> 00:30:41,244
That's unrealistic. We've got her
prints, her pay-offs to the O'Briens.
638
00:30:41,304 --> 00:30:43,978
I said man two, minimum time.
639
00:30:44,040 --> 00:30:46,782
Do you really want to put your son
through a trial, Ms. Houston?
640
00:30:46,843 --> 00:30:48,481
Let her worry about her son.
641
00:30:48,545 --> 00:30:51,719
Frankly, Ms. Joyner, I'm surprised
you'd represent a bigot.
642
00:30:55,719 --> 00:30:58,825
I don't see a bigot here.
I see a woman deceived
643
00:30:58,888 --> 00:31:01,994
and pushed to the brink
by a self-hating coward.
644
00:31:02,058 --> 00:31:04,470
Everyone at my firm
agrees, Mr. McCoy.
645
00:31:04,928 --> 00:31:06,874
No jury will ever convict her.
646
00:31:13,070 --> 00:31:15,346
This trial is about a baby.
647
00:31:17,208 --> 00:31:22,214
A child of white and
African American parents.
648
00:31:23,381 --> 00:31:27,488
Karin Burdett bore it.
She wanted to raise it.
649
00:31:27,551 --> 00:31:29,428
That's why she's dead.
650
00:31:32,590 --> 00:31:34,069
The evidence will show that
651
00:31:34,125 --> 00:31:38,267
Frances Houston knew Karin
Burdett was home alone,
652
00:31:39,297 --> 00:31:43,439
that she struggled with her, and
pushed her off of a balcony.
653
00:31:44,268 --> 00:31:46,373
That she bribed a witness.
654
00:31:47,371 --> 00:31:50,284
That she did all this
because she didn't want
655
00:31:50,341 --> 00:31:52,821
her narrow-minded
circle of friends
656
00:31:52,877 --> 00:31:56,620
to know that she had once
been married to a black man.
657
00:31:56,681 --> 00:32:02,962
Because, as she stated in the
vicious vocabulary of racism,
658
00:32:05,823 --> 00:32:08,929
she didn't want a
"nappy-haired little monkey"
659
00:32:12,764 --> 00:32:15,176
ruining her good name.
660
00:32:21,607 --> 00:32:24,053
JOYNER: Mr. McCoy wants you to
believe that my client is a bigot.
661
00:32:24,109 --> 00:32:25,850
Well, I'm here to
tell you she's not.
662
00:32:25,911 --> 00:32:29,620
She's a realist. She knows
what goes on in America.
663
00:32:30,682 --> 00:32:35,461
You'll hear that educated black men earn
far less than their white counterparts.
664
00:32:35,520 --> 00:32:38,023
That black men are denied
the access, the promotions,
665
00:32:38,090 --> 00:32:40,627
the memberships
given to white men.
666
00:32:40,692 --> 00:32:45,539
That black men are routinely harassed
and brutalized by the police.
667
00:32:45,597 --> 00:32:47,975
That's what my client
was thinking about.
668
00:32:48,033 --> 00:32:50,138
She wanted to
preserve for her son
669
00:32:50,202 --> 00:32:53,149
the protection the word
"white" afforded him.
670
00:32:53,205 --> 00:32:56,049
She didn't want him
to have a lesser life,
671
00:32:56,108 --> 00:32:59,817
because the word "black" had
been added next to his name.
672
00:33:01,446 --> 00:33:02,823
If, at the end of this trial,
673
00:33:02,881 --> 00:33:07,057
you believe that my client caused
the death of Karin Burdett,
674
00:33:07,119 --> 00:33:12,331
please understand it was not the
premeditated act of a racist,
675
00:33:12,392 --> 00:33:15,635
but the unintentional act
of a mother
676
00:33:15,695 --> 00:33:18,437
desperate to save
the son she loves.
677
00:33:20,733 --> 00:33:22,940
JACK: She didn't do it
because she's a racist,
678
00:33:23,002 --> 00:33:25,539
she did it to protect
her son from racists.
679
00:33:25,605 --> 00:33:27,175
It explains their witness list.
680
00:33:27,240 --> 00:33:29,413
Statisticians,
social scientists.
681
00:33:29,475 --> 00:33:32,183
You got to admit, that's
some mitigation defense.
682
00:33:32,245 --> 00:33:33,781
Something for every prejudice.
683
00:33:33,846 --> 00:33:36,349
The white jurors wouldn't want their
kids growing up black either.
684
00:33:36,416 --> 00:33:38,259
And black jurors
because they know
685
00:33:38,317 --> 00:33:40,957
that the playing field
isn't level?
686
00:33:41,020 --> 00:33:43,899
If I were the defense, I wouldn't
count on much support there.
687
00:33:43,956 --> 00:33:46,232
How many whites on the jury?
More than one?
688
00:33:46,292 --> 00:33:48,636
That's all Ms. Houston
needs for a mistrial.
689
00:33:48,694 --> 00:33:50,696
If the jury
disregards the facts.
690
00:33:50,763 --> 00:33:53,767
Fine, you win their minds,
she wins their hearts.
691
00:33:53,833 --> 00:33:55,574
I'm not ready
to concede anything.
692
00:33:55,635 --> 00:33:57,706
All we have to do
is convince the jury
693
00:33:57,770 --> 00:34:01,081
that her son would be no worse off
living as a black man in this country.
694
00:34:01,140 --> 00:34:05,020
You can start by making sure they
never hear from these witnesses.
695
00:34:06,579 --> 00:34:08,820
JOYNER: These witnesses
are relevant, Your Honor.
696
00:34:08,881 --> 00:34:11,829
Professor Murphy's study quantifies
the economic discrepancies
697
00:34:11,885 --> 00:34:12,920
between the races.
698
00:34:12,986 --> 00:34:15,728
Professor Harrison's work
on law enforcement practices
699
00:34:15,789 --> 00:34:16,995
has been cited in every...
700
00:34:17,057 --> 00:34:18,661
None of which has anything
to do with her client.
701
00:34:18,725 --> 00:34:20,568
It goes to her state of mind,
702
00:34:20,627 --> 00:34:23,540
her fear her son would suffer the
fate of many African Americans.
703
00:34:23,597 --> 00:34:27,443
Your Honor, if Ms. Joyner wants to
establish her client's state of mind,
704
00:34:27,501 --> 00:34:29,208
she can call her to the stand.
705
00:34:29,269 --> 00:34:33,115
Even if I do, these witnesses are
evidence that her beliefs and concerns
706
00:34:33,173 --> 00:34:35,653
about racism in this
country are reasonable.
707
00:34:35,709 --> 00:34:37,689
JACK: There's no question
the beliefs are reasonable.
708
00:34:37,745 --> 00:34:40,589
The issue is whether or not her
client actually believes them.
709
00:34:40,647 --> 00:34:41,990
We wouldn't be here
if she didn't.
710
00:34:42,049 --> 00:34:44,325
JUDGE STEIN:
Simmer down, counselors.
711
00:34:44,385 --> 00:34:48,162
Ms. Joyner, the case is about
the defendant's state of mind,
712
00:34:48,222 --> 00:34:50,395
not the State of the Union.
713
00:34:50,457 --> 00:34:54,872
And since these witnesses
have no direct knowledge
714
00:34:54,928 --> 00:34:58,432
of what your client was
thinking, they're excluded.
715
00:34:58,499 --> 00:35:00,877
Now, let's get back to court.
716
00:35:03,470 --> 00:35:06,610
Frances kept telling me
we had to protect David.
717
00:35:06,673 --> 00:35:09,745
I felt I had no choice
but to lie to the police.
718
00:35:09,810 --> 00:35:12,985
JACK: Before this incident, was the
defendant aware you were black?
719
00:35:13,047 --> 00:35:15,459
Yes. She found out
six years ago,
720
00:35:15,517 --> 00:35:18,760
when my sister appeared at
our door, looking for me.
721
00:35:19,721 --> 00:35:23,259
In nearly 20 years of marriage
she had never met your family?
722
00:35:23,324 --> 00:35:26,828
No. I'd cut myself
off from them.
723
00:35:26,895 --> 00:35:30,274
You see, when I was a child,
724
00:35:30,331 --> 00:35:34,143
my mother always
told me I had good skin,
725
00:35:34,202 --> 00:35:37,649
good features, good hair.
726
00:35:37,705 --> 00:35:41,983
Back then, in Knoxville,
Tennessee, "good" meant "white."
727
00:35:42,844 --> 00:35:44,983
I was often mistaken for white.
728
00:35:45,046 --> 00:35:47,083
I could sit at
the front of the bus,
729
00:35:47,148 --> 00:35:50,721
I could drink at the water
fountain reserved for whites.
730
00:35:50,785 --> 00:35:53,197
You can't imagine what
an advantage that was
731
00:35:53,254 --> 00:35:56,895
when you're bone-dry thirsty
on a hot summer's day
732
00:35:56,958 --> 00:36:00,906
and it's another 20 blocks
to a colored water fountain.
733
00:36:00,962 --> 00:36:05,433
After college, I got a good job,
because I passed for white.
734
00:36:05,500 --> 00:36:09,141
I was promoted, I was
transferred to New York.
735
00:36:09,938 --> 00:36:12,350
No one ever asked me
if I was white.
736
00:36:12,407 --> 00:36:14,786
Frances had no reason
to question me.
737
00:36:15,544 --> 00:36:17,524
JACK: After she met
your sister, what happened?
738
00:36:17,580 --> 00:36:19,491
She was very upset.
739
00:36:20,649 --> 00:36:23,152
She wanted a divorce.
740
00:36:23,219 --> 00:36:25,631
In the divorce agreement,
741
00:36:25,688 --> 00:36:28,601
were any special conditions
imposed by the defendant?
742
00:36:28,657 --> 00:36:30,466
Yes, Frances asked that...
743
00:36:30,526 --> 00:36:32,631
Objection.
Approach, Your Honor?
744
00:36:36,565 --> 00:36:39,273
Your Honor, the witness and the
defendant signed a binding agreement
745
00:36:39,335 --> 00:36:41,144
not to disclose the
terms of their divorce.
746
00:36:41,203 --> 00:36:43,444
Without paying
a substantial penalty.
747
00:36:43,506 --> 00:36:45,679
Mr. Burdett is willing to
write Ms. Houston a check.
748
00:36:45,741 --> 00:36:47,721
There are third parties
to be considered here.
749
00:36:47,776 --> 00:36:50,120
Namely, the defendant's son.
750
00:36:50,179 --> 00:36:54,719
Mr. McCoy, what term of the divorce do
you want your witness to testify to?
751
00:36:54,783 --> 00:36:58,026
The defendant exacted his promise that
he wouldn't tell anyone he was black.
752
00:36:58,087 --> 00:37:00,533
We'll stipulate
to that, Your Honor.
753
00:37:00,589 --> 00:37:02,000
(SIGHING) All right.
754
00:37:02,057 --> 00:37:04,367
Objection sustained.
755
00:37:04,426 --> 00:37:06,872
Members of the jury,
756
00:37:06,929 --> 00:37:11,935
the defense stipulates for the record
that Mr. Burdett and Ms. Houston
757
00:37:12,001 --> 00:37:17,452
agreed as a condition of their divorce
not to disclose Mr. Burdett's race.
758
00:37:18,808 --> 00:37:20,515
Go on, Mr. McCoy.
759
00:37:21,144 --> 00:37:22,282
No more questions.
760
00:37:25,448 --> 00:37:29,453
Mr. Burdett, doesn't the fact that
no one found out you were black
761
00:37:29,519 --> 00:37:32,329
prove you're
an accomplished liar?
762
00:37:32,389 --> 00:37:34,960
I lied once,
on an application form.
763
00:37:35,025 --> 00:37:37,130
After that, the question
never came up.
764
00:37:37,193 --> 00:37:38,934
You passed for white because
it gave you an advantage
765
00:37:38,995 --> 00:37:40,838
over other African
Americans, isn't that right?
766
00:37:40,897 --> 00:37:41,932
Yes.
767
00:37:41,998 --> 00:37:43,238
You saw how blacks were treated
768
00:37:43,300 --> 00:37:45,337
by your white friends
and colleagues?
769
00:37:45,402 --> 00:37:46,642
Yes.
770
00:37:46,703 --> 00:37:49,411
You didn't want that to happen
to you, isn't that right?
771
00:37:49,472 --> 00:37:50,473
Yes.
772
00:37:50,540 --> 00:37:53,248
Then why make it happen
for your son?
773
00:37:53,310 --> 00:37:56,587
Why did you decide now to come
out of the racial closet?
774
00:37:56,646 --> 00:37:58,057
Things aren't the same anymore.
775
00:37:58,114 --> 00:37:59,149
Really?
776
00:37:59,215 --> 00:38:03,095
When you started at
Northfield Pharmaceuticals,
777
00:38:03,153 --> 00:38:06,896
how many black presidents, vice-presidents
and directors were there?
778
00:38:06,956 --> 00:38:08,060
None.
779
00:38:08,124 --> 00:38:09,194
And now?
780
00:38:09,259 --> 00:38:12,672
Three directors, in Human
Resources and Marketing.
781
00:38:12,729 --> 00:38:16,769
Out of how many executives?
Ten? Thirty?
782
00:38:16,834 --> 00:38:19,474
Nationwide, over 150.
783
00:38:19,537 --> 00:38:23,110
Well, the Reverend King
can rest easy.
784
00:38:23,174 --> 00:38:26,053
His dream
has finally come to pass.
785
00:38:26,110 --> 00:38:27,111
Objection.
786
00:38:27,178 --> 00:38:28,179
Withdrawn.
787
00:38:29,080 --> 00:38:31,856
There's nothing in the divorce
agreement other than what I told you.
788
00:38:31,916 --> 00:38:34,863
I don't want to be taken by surprise.
Why did they object?
789
00:38:34,919 --> 00:38:36,921
I have no idea what
Frances was thinking.
790
00:38:36,988 --> 00:38:38,729
Now, you'll have to excuse me.
791
00:38:40,591 --> 00:38:43,367
You looked at the divorce decree, Jack.
There was nothing there.
792
00:38:43,427 --> 00:38:44,804
Pull the full
record of the divorce.
793
00:38:44,862 --> 00:38:47,433
Depositions, draft agreements,
filings, everything.
794
00:38:47,498 --> 00:38:48,841
Most of it's probably sealed.
795
00:38:48,900 --> 00:38:50,174
Get a court order.
796
00:38:51,702 --> 00:38:54,182
I tried to reason with Karin.
797
00:38:54,238 --> 00:38:58,550
I begged her to think about Josh's son,
and what she would be doing to him.
798
00:38:58,609 --> 00:39:01,112
But I wasn't getting through.
799
00:39:01,178 --> 00:39:02,987
What was going
through your mind?
800
00:39:03,047 --> 00:39:05,584
(SIGHING) All I could
think about was David.
801
00:39:05,650 --> 00:39:08,153
How his life would be changed.
802
00:39:08,419 --> 00:39:11,696
All of his friends are white. And
all of their friends are white.
803
00:39:11,756 --> 00:39:16,603
I was afraid for him, for the same
reasons that Josh kept secret his...
804
00:39:16,661 --> 00:39:17,766
Objection.
805
00:39:17,829 --> 00:39:19,137
JUDGE STEIN: Sustained.
806
00:39:20,799 --> 00:39:22,403
Go on with what happened.
807
00:39:22,467 --> 00:39:27,314
Karin said she wasn't feeling well,
and that she needed some air.
808
00:39:27,372 --> 00:39:31,684
She went out onto the balcony
and our argument heated up.
809
00:39:31,743 --> 00:39:35,452
At one point she was wagging her
finger at me and I slapped it away.
810
00:39:35,514 --> 00:39:39,929
And then suddenly she grabbed
my hair and I pushed her.
811
00:39:39,985 --> 00:39:43,558
Before I realized what was
happening, she lost her balance
812
00:39:43,622 --> 00:39:46,466
and she went over the balcony.
813
00:39:47,759 --> 00:39:49,033
Was that your intent?
814
00:39:49,094 --> 00:39:50,334
No.
815
00:39:50,395 --> 00:39:52,341
All I could think
about was David.
816
00:39:52,397 --> 00:39:56,368
I just wanted to protect my
son, as any mother would.
817
00:39:57,102 --> 00:39:59,981
I never thought to kill Karin.
818
00:40:00,839 --> 00:40:02,580
Thank you.
819
00:40:06,878 --> 00:40:10,291
Did you seriously expect Mrs. Burdett
to abandon her baby girl
820
00:40:10,349 --> 00:40:11,623
for the sake of your son?
821
00:40:11,683 --> 00:40:16,189
I don't know what I expected her to do.
I just needed to talk to her.
822
00:40:16,254 --> 00:40:20,169
Because you were concerned that
your son's future was in peril
823
00:40:20,226 --> 00:40:21,728
if it became known
he was black?
824
00:40:21,794 --> 00:40:22,932
Yes.
825
00:40:22,995 --> 00:40:24,406
Even in this day and age?
826
00:40:24,464 --> 00:40:26,137
Oh, yes, Mr. McCoy.
827
00:40:26,199 --> 00:40:29,237
For every Tiger Woods, there's
a thousand Fuzzy Zoellers
828
00:40:29,302 --> 00:40:31,578
and I did not want
David to go through life
829
00:40:31,637 --> 00:40:33,241
facing that kind of prejudice.
830
00:40:33,306 --> 00:40:34,512
Prejudice where?
At school?
831
00:40:34,574 --> 00:40:35,746
Oh, yes.
832
00:40:35,808 --> 00:40:38,345
Aren't there other African
American students in his class?
833
00:40:38,411 --> 00:40:42,621
The only black student
they have is from Bermuda.
834
00:40:44,584 --> 00:40:47,690
Who decided to send
your son to this school?
835
00:40:49,689 --> 00:40:51,327
It was your decision,
wasn't it, Ms. Houston?
836
00:40:51,390 --> 00:40:52,733
Objection.
837
00:40:52,792 --> 00:40:54,066
Overruled.
838
00:40:54,127 --> 00:40:56,698
Answer his question,
Ms. Houston.
839
00:40:58,197 --> 00:41:00,700
My father went to
the Chase Academy.
840
00:41:00,767 --> 00:41:02,440
They have excellent academics.
841
00:41:02,502 --> 00:41:05,312
And no African American
students.
842
00:41:05,371 --> 00:41:07,146
Isn't that the real reason?
No.
843
00:41:07,206 --> 00:41:09,345
You wanted your son
to go to a white school,
844
00:41:09,409 --> 00:41:10,547
to have white friends.
Isn't that right?
845
00:41:10,610 --> 00:41:11,645
No.
846
00:41:11,711 --> 00:41:13,213
Because you don't like
African Americans.
847
00:41:13,279 --> 00:41:14,758
That's not true.
848
00:41:14,814 --> 00:41:16,487
You didn't want your
white friends to know
849
00:41:16,549 --> 00:41:18,051
you'd been married
to one, did you?
850
00:41:18,117 --> 00:41:19,824
No.
That you'd shared your bed
851
00:41:19,886 --> 00:41:21,332
with a black man.
No.
852
00:41:21,388 --> 00:41:22,890
Been intimate with a black man,
853
00:41:22,956 --> 00:41:24,401
a "nappy-haired
little monkey"?
854
00:41:24,458 --> 00:41:26,495
That's a lie.
I never said that.
855
00:41:26,560 --> 00:41:28,369
The O'Briens were lying?
Objection.
856
00:41:28,429 --> 00:41:30,636
Everyone is a liar, everyone
is a racist except you?
857
00:41:30,697 --> 00:41:32,074
Your Honor, I objected.
858
00:41:32,132 --> 00:41:34,305
Yes. Sustained,
Mr. McCoy.
859
00:41:34,368 --> 00:41:37,008
Isn't it true, Ms. Houston,
that your son has more to fear
860
00:41:37,071 --> 00:41:38,277
from your prejudice
than society's?
861
00:41:38,338 --> 00:41:39,373
JOYNER: Objection.
862
00:41:39,439 --> 00:41:41,976
No, I would like
to answer Mr. McCoy.
863
00:41:42,042 --> 00:41:45,353
My son is not afraid of me.
864
00:41:46,413 --> 00:41:48,757
He knows that I love him.
865
00:41:55,222 --> 00:41:56,724
No more questions.
866
00:42:01,962 --> 00:42:03,635
It has only been
three days, Adam.
867
00:42:03,697 --> 00:42:05,870
Three days, 10 days.
868
00:42:05,933 --> 00:42:07,935
The jury is stalemated.
869
00:42:08,835 --> 00:42:10,974
There's always the next time.
870
00:42:11,038 --> 00:42:14,019
You have nothing better to do
than prosecute this woman?
871
00:42:14,074 --> 00:42:15,178
It's a hate crime.
872
00:42:15,242 --> 00:42:18,780
If that's not worth prosecuting,
what are we doing here?
873
00:42:18,845 --> 00:42:20,347
I've been paging you
874
00:42:20,414 --> 00:42:22,588
I've been breathing six-year-old
dust in a warehouse,
875
00:42:22,650 --> 00:42:25,290
reliving the mother
of all divorces.
876
00:42:25,820 --> 00:42:28,733
Burdett v. Burdett.
It went all 15 rounds.
877
00:42:28,790 --> 00:42:31,396
These are draft agreements
from Josh Burdett,
878
00:42:31,459 --> 00:42:33,905
these are from Frances Houston.
879
00:42:33,962 --> 00:42:36,636
Take a look at the
custodial provisions.
880
00:42:38,700 --> 00:42:41,180
Now look at
the alimony proposals.
881
00:42:43,004 --> 00:42:44,483
She's unbelievable.
882
00:42:44,539 --> 00:42:47,145
Get Mr. Burdett
to confirm this.
883
00:42:48,776 --> 00:42:52,485
You're right. That's
exactly what went on.
884
00:42:52,547 --> 00:42:55,323
I was traveling on business
two weeks out of every month.
885
00:42:55,383 --> 00:42:57,226
I couldn't possibly
take care of David.
886
00:42:57,285 --> 00:43:00,164
It would have been nice to have
this information before the trial.
887
00:43:00,221 --> 00:43:02,531
We could have impeached
your ex-wife's testimony.
888
00:43:03,491 --> 00:43:05,437
Mr. Burdett,
if there's a re-trial,
889
00:43:05,493 --> 00:43:07,166
I'm going to use this material,
890
00:43:07,228 --> 00:43:08,707
and I'm putting you
on the stand
891
00:43:08,763 --> 00:43:10,470
to authenticate it
and explain what it means.
892
00:43:10,531 --> 00:43:13,740
Absolutely not. My son doesn't
know anything about this.
893
00:43:13,801 --> 00:43:15,576
Mr. Burdett...
I won't do it.
894
00:43:15,636 --> 00:43:17,980
Whatever happens
to Frances or me,
895
00:43:18,039 --> 00:43:20,610
my son believes
his parents love him.
896
00:43:20,675 --> 00:43:24,488
I won't do anything
to make him think otherwise.
897
00:43:24,713 --> 00:43:26,624
I gave myself
asthma for nothing.
898
00:43:26,682 --> 00:43:29,720
We can't use these unless
he authenticates them.
899
00:43:29,785 --> 00:43:33,255
The jury resumes deliberations
at 9:00 a.m. tomorrow.
900
00:43:33,322 --> 00:43:36,792
Call Houston's lawyer, schedule
a conference for 8:30.
901
00:43:40,829 --> 00:43:42,934
No bagels and coffee?
You should have told me.
902
00:43:42,998 --> 00:43:44,375
I would have brought some.
903
00:43:44,433 --> 00:43:46,709
Don't count on keeping
your big appetite.
904
00:43:46,769 --> 00:43:49,773
Mr. McCoy, that jury
is out of oil.
905
00:43:49,838 --> 00:43:52,409
The engine is freezing over. I can smell it.
They're deadlocked.
906
00:43:52,474 --> 00:43:55,080
I'm ready to set
a new trial date right now.
907
00:43:55,144 --> 00:43:58,523
And we'll hang that jury, too.
And the one after that.
908
00:43:58,580 --> 00:44:01,117
One more trial, and it's over.
909
00:44:01,183 --> 00:44:04,289
Ms. Houston, we uncovered some
documents relating to your divorce.
910
00:44:04,353 --> 00:44:06,458
I've highlighted
the relevant portions.
911
00:44:06,522 --> 00:44:09,765
When I got a divorce, I fought
for custody of my child,
912
00:44:09,825 --> 00:44:12,431
but you actually fought
not to have custody.
913
00:44:12,494 --> 00:44:13,973
I don't know what
you're talking about.
914
00:44:14,029 --> 00:44:15,440
It's all there in
the draft agreements.
915
00:44:15,497 --> 00:44:17,101
Neither of you wanted custody.
916
00:44:17,166 --> 00:44:18,702
Your husband
for practical reasons.
917
00:44:18,767 --> 00:44:20,610
And you...
918
00:44:20,669 --> 00:44:24,345
He actually had to triple the alimony
payments before you'd agree.
919
00:44:26,443 --> 00:44:28,252
They're wrong.
920
00:44:28,812 --> 00:44:31,088
What I see in these papers
is a negotiation.
921
00:44:31,147 --> 00:44:32,990
Whatever meaning
you're reading into it...
922
00:44:33,049 --> 00:44:35,655
Was confirmed by
Mr. Burdett himself.
923
00:44:35,718 --> 00:44:38,130
And he'll testify to it
at her next trial.
924
00:44:38,188 --> 00:44:40,566
She didn't want the boy
because he's black.
925
00:44:46,730 --> 00:44:48,175
Josh would never
get up in court.
926
00:44:48,231 --> 00:44:49,608
He already agreed to do it.
927
00:44:49,666 --> 00:44:53,341
The next jury won't buy your
Mary-Mother-of-God routine.
928
00:44:53,403 --> 00:44:55,542
They'll see you
for who you are.
929
00:44:55,605 --> 00:44:59,883
A bigot whose racism runs so deep,
you even hate your own son.
930
00:45:03,880 --> 00:45:06,622
I assume there's
an offer coming?
931
00:45:06,683 --> 00:45:09,220
Man one,
eight-and-a-third-to-25.
932
00:45:13,823 --> 00:45:15,996
Well, I want to see the other
attorneys at the firm.
933
00:45:16,059 --> 00:45:18,266
The white attorneys?
934
00:45:18,328 --> 00:45:21,502
You walk out that door, Ms. Houston,
the offer is off the table.
935
00:45:21,564 --> 00:45:23,840
You'll be retried
for murder two.
936
00:45:27,938 --> 00:45:32,148
You have an attorney present.
Give me your answer now.
937
00:45:49,193 --> 00:45:50,263
You have a deal.
938
00:45:50,327 --> 00:45:52,000
We'll notify the judge.
939
00:45:55,399 --> 00:45:57,811
You have no idea what I
went through, Mr. McCoy.
940
00:45:57,868 --> 00:46:00,542
Only in your own mind,
Ms. Houston.
941
00:46:05,843 --> 00:46:07,584
You're lucky she didn't
call your bluff.
942
00:46:07,645 --> 00:46:09,625
About Burdett testifying?
943
00:46:09,680 --> 00:46:11,284
You don't feel bad
about lying to her?
944
00:46:11,348 --> 00:46:12,884
She got off easy.
945
00:46:12,950 --> 00:46:16,295
Burdett's lie cost her 20 years.
Mine only cost her eight.
76312
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