Original subtitles

In the criminal justice system,

the people are represented by two separate, yet equally important groups.

The police, who investigate crime,

and the Crown Prosecutors, who prosecute the offenders.

These are their stories.

Leila!

Leila!

Leila!

You think Alex can sleep with that racket on?

Sorry, I wasn't thinking.

- Yeah I hope you had the monitor with you. - 'Course.

He's out for the count.

The monitor is switched off, Leila.

Call 999.

Phone 999, Leila!

Now! Call 999!

Now!

Mr. Raines, you'll be allowed to carry your son to the ambulance

and hold him on the way to the hospital.

You'll both be able to stay with him for as long as you need to.

- Where is he? - Thank you.

Where's my baby? Where's Alex?

- Where is he? - Suzy...

No, no...

No, don't, don't, don't!

No...

No...

No!

Clear signs of encephalopathy, intracranial and intraocular bleeding.

Hang on, I thought it was cot death?

It's not. That's why I called you in.

He has the typical triad of injuries seen in Shaken Baby Syndrome.

So, you're saying someone shook him?

Well, I checked for everything else.

And the time of death is between seven and nine p.m.?

Yes, but the abuse could've occurred any time

in the last twelve hours of his life.

Right, so working back from time of death, someone could've shook the baby

at say seven o'clock yesterday morning and it would've took him

- twelve hours to die? - It's possible.

You ask me, someone picked that baby up and shook it for all it's worth.

This baby monitor's state of the art stuff.

Breathing sensor, camera, recording device.

Was there a video recording of that night?

There was, when the monitor's switched off

it automatically deletes the last recording unless you press save.

Is there a way to retrieve the recording?

I can't but I know a man who can if he has the hard drive.

- Might take a while though. - Get on to it straight away.

So, do we know who had access to the baby?

Well, Suzanne Raines hands the baby over to the nanny

and then leaves for work at seven thirty.

But that's all it takes, half an hour.

If Mum's running late for work, the baby holds her up.

She loses her rag.

Hang on, Mum's not the only one with access to the baby.

In most cases of SBS, like it or not, the Mum is the prime suspect.

Well, that's because most of the time the mum's the main caregiver.

- But that's not the case here. - Yeah there was a nanny, right?

Yeah she is live in but no formal childcare training.

Alright.

Talk to the parents first, but go easy on them, boys.

All new mums and dads worry about cot death, don't they?

For the first few weeks I was up half the night

checking he was still breathing.

Which is why we got the monitor.

They're supposed to be safe after six months.

When we found out that it was more likely to happen

to boys than girls then we read up about it.

And we always put him on his back and we never left him to cry.

We don't think it's cot death.

- Is that what all this is about? - There was bleeding, in Alex's brain.

Sorry, bleeding? How?

- Someone shook him. - No, there must be some mistake.

It's work. I have to take this.

- Just let it go to voicemail, Suzy. - I can't.

Yes.

- For god's sake, love! - Well can't someone else?

No, okay, fine. No, I'll deal with it.

So much for compassionate leave, ay?

You must be under a lot of pressure.

I mean demanding boss, a little baby.

- Sorry, what are you getting at? - It's perfectly understandable.

A lot of new mum's don't realize how hard it's gonna be, I mean--

No, no, no, don't you dare.

You know my wife, she spends every lunch break

in the toilet expressing milk, she can still breastfeed Alex.

Does that sound like a Mum who wants to hurt a kid?

Mr. Raines,

we have to ask these questions.

Leila told us that she normally takes over around seven thirty.

Can you remember what time you handed the baby over to her yesterday morning?

She got him up after I left for work.

I had to be in the office at six to take an international call.

I'm selling some flats for an overseas client.

I didn't even open the door.

And what about you, sir?

Did you see Alex before you went to work?

No.

No, I was away in Manchester on business overnight.

I got back,

I don't know, a minute, two minutes before I found him.

Right.

Other than yourselves and the nanny

does anyone else have access to the house?

My husband's ex-wife has a key.

Andrea and I share an online jewelry business.

- The office is here in the house. - And was she here yesterday?

I was in Luton looking at samples.

- All day? - It was a big order.

The supplier wanted to take me out for lunch.

We're old friends. I can give you his contact details.

Then I got back early evening and it was just me,

Emmerdale and a bottle of wine.

- Could anyone have got hold of your keys? - No. I had them with me.

Does Suzanne Raines mind you working with Michael?

We're all grownups.

Look, it's that nanny of theirs you should be talking to.

You do know about the time she overdosed the baby?

A couple of months ago Leila turned up at Accident & Emergency

with baby Alex because he'd overdosed on Calpol.

And how does a four-month old baby get the top off a bottle of Calpol?

Well, Leila had given him the maximum dosage

meant for babies over one-year-old.

She repeated the dosage one hour later.

She obviously realized what she'd done, panicked after reading the bottle.

- And the parents never mentioned this? - Well, Alex was absolutely fine.

One mistake alright, but two months later the baby ends up dead?

Let's see what our Nanny has to say.

I didn't read the bottle properly.

You gave him a second dose less than an hour later.

I was tired. I forgot I even give him the first lot.

Soon as I realized what I'd done I took him up the hospital.

And it says here you got him to the A&E at around 10 a.m. yeah?

He was teething. Suzanne was away at some work thing.

- I'd been up with him half the night. - So, you were stressed out?

Too right I was.

Suzanne only used homeopathic stuff on him when he was unwell.

Said she was worried about the E numbers in kid's medicine.

Well that's a parent's choice.

She wasn't the one stuck in the house all day with a screaming baby.

So, you went against her wishes?

She was into all that hippy shit.

You can't do 'attachment parenting' if you work twelve hours a day.

I gave Alex the Calpol so, I could get some sleep.

Well, maybe you wanted some sleep the night Alex died?

No.

You'd been up with a child since six,

you must've been exhausted.

I didn't hurt him.

Well, Leila, you were the only one who had access

to baby Alex the day he died.

Maybe you were the one who switched the baby monitor off.

I didn't. It must've been faulty.

Mr. Raines said your door was closed and music was blaring.

Alex was asleep.

How would you know, if the monitor had been turned off?

His room was below mine. I would've heard him.

- Over the music? - He cried loud.

Dead babies don't cry.

I didn't know he was dead, did I?

He was always kicking off lately. If he wasn't, he was asleep.

Okay and what do you usually do if he was to, as you say, 'kick off'?

Check the monitor, wait a bit, then go and settle him.

- How long's 'a bit'? - I dunno. Depends how tired I am.

Five minutes.

Ten.

What's the big deal? Everyone does controlled crying.

Well, Mrs. Raines specifically told us that she disapproved of it.

When my girls couldn't settle

I just used to walk them up and down the hall half the night.

Leaving a baby to cry it out isn't abusive.

Well when you've had a kid, you come back and tell me that.

Babies need to learn the difference between night and day.

There comes a time when you say they're fed, they're dry,

it's time they went to sleep.

Controlled crying teaches babies to sleep by themselves.

It teaches babies that mum and dad ain't coming no matter how loud they cry.

It's the only, listen, it's the only way babies can communicate.

Exactly, could be saying I want to play peepo at 3 a.m.

Or they could be saying I'm in pain. I wouldn't leave you crying

in another room and not go to you, would I?

Listen if you ever see me crying,

- please make sure you do! - Oh.

When you've finished debating parenting techniques,

perhaps you'd talk to the last people who employed Leila

and see if their kid had any visits to casualty.

My boss kept finding me crying all over the customers.

Being away from Mia was torture.

You didn't trust Leila to look after Mia?

Oh you hear all these horror stories.

Nannies who shove the kid in front of the telly

and spend all day on the phone to their mates.

So, was Leila like that?

You don't know what goes on when you're out at work.

And was something going on?

She used to spend the whole evening on her laptop.

I started worrying she was on it all day too,

so, I borrowed one of those nanny cams from a friend.

And did you see Leila hurt Mia?

No. I could hear Mia,

shut in her bedroom crying her little heart out.

Leila was on my sofa.

Having sex with her boyfriend.

I managed to access Leila's email and social networking accounts.

She met her boyfriend, Lloyd,

on a social networking site for squaddies and their families.

He's stationed out in Afghanistan.

Right, well if he's out there, how many times did they actually meet?

Only a handful but this is the longest they've been apart.

So it was serious?

Oh, you tell me.

"Can't wait to rip your clothes off and show how much I missed you..."

"Had this really dirty dream about you last night.

I had you tied to my bed,

I was in control and you were begging me

- to touch you, to make you--" - Yes, yes Ange. We get the point.

- Thank you, love, yeah. - The emails are nothing.

I checked the media files and found...

this.

Well maybe they wanted something to remember each other by

when they were apart.

Well a passport photo in the wallet used to do the trick

when I was a teenager. However, go on.

- Can you tell when this was made? - Down to the second.

- It was made the night the baby died. - Recording started at 8:21

and finished at quarter to nine

when Leila heard Michael Raines come home.

So, these two are making porn movies while the baby lies dead in his cot?

Any mention of the baby in the emails the day he died?

Only one.

This was sent two hours before they turned the webcam on.

"Michael's train delayed, bitch at work as usual so no night off.

They aren't gonna ruin this for us. You come here.

I'll make sure the baby doesn't get in the way."

I didn't think it was important.

He was in the house when Alex died.

Lloyd wouldn't've hurt Alex. He wouldn't hurt anyone.

And what time did he come round?

Not 'til after I put Alex to bed.

Right, now you said Alex had cried a couple of times.

Was that before or after Lloyd arrived at the house?

Leila, we need to know the truth please.

Just after Lloyd got round.

I went upstairs,

rocked Alex back to sleep. I got to the bottom of the stairs

- and he woke up again. - And you got angry?

At Michael and Suzanne, yeah. Not at Alex.

But Alex was the one ruining the reunion with the boyfriend?

I didn't hurt him. I wouldn't have.

- So, who did? - I dunno. I swear.

Did Lloyd have any contact with the baby?

Leila, we need to know.

He wasn't in there long.

He said he used to get his baby brother to sleep all the time.

No criminal record. He's been in the army since he left school,

been stationed in Afghanistan for the last five months.

- He's one of the peace keepers. - Only he's not that good at it.

Lloyd Benson's been the subject of a disciplinary.

- Put another squaddie in hospital. - You seen his family history?

Yeah Grew up in Camden. Mum and dad split up a few years back.

Two older sisters. There was a baby brother.

- Was? - Yeah the baby died at three months old.

Postmortem couldn't find cause of death so, it was classed as

- Sudden Infant Death Syndrome. - And guess who was babysitting?

This him.

Lloyd Benson,

I am arresting you on suspicion of the murder of Alexander Raines.

You do not have to say anything but it may harm your defense if you do

- not mention when questioned... - Is this some sort of a joke?

- No joke, son. - ...something you later rely on in court.

Dante's death tore my family apart!

I bet. And did your family blame you?

He was fourteen years old.

Well dealing with a crying baby isn't easy for an adult, is it?

But I mean you were just a kid.

I never hurt my brother and I never hurt this kid neither.

Leila said that you went in to baby's room to settle him down?

- What time would that have been? - I dunno, eight-ish.

- And why didn't she go in to him? - She'd been in there five times.

Every time she left the room the baby kicked off again.

- So you thought you'd have a go. - Yeah.

And how did you do that? Settle him down, I mean.

I sang him Blackbird. By The Beatles.

My mum used to sing it to me.

Look,

I just wanted to be with my girlfriend.

To get back to making some more home movies?

It was only for us.

But the baby got in the way, none the less?

No. Yeah.

You must be under a lot of pressure, Lloyd.

I mean what with Afghanistan and all the rest that goes with it.

You have no idea.

I fail to see how Private Benson's job is relevant?

Well the relevance of Private Benson's job is the fact

that he attacked a fellow member of his regiment--

I was trying to break up a fight. Defending my mate--

That is what you're trained to do though, isn't it? I mean, defend others?

Yes?

Even kill if necessary.

- Insurgents. Not babies. - Here's what I think happened, Lloyd.

I think you went in to that baby's room to help settle him down

- and it didn't work. - No, I told you--

I think then maybe he cried some more, Leila was getting upset with you.

It spoiled the moment for the pair of you. And maybe you lost your temper?

Yeah! It spoiled the mood. Leila was upset

but the only thing make me lose my temper is you!

Sit down, son.

Lloyd wouldn't hurt a baby.

You know his baby brother died though, right?

- What? - Yeah he was three months old.

Found dead in his cot. Lloyd was babysitting.

You're lying.

Death certificate said it was Sudden Infant Death syndrome

but it wouldn't be the first time that a cot death

turned out to be murder.

No way.

Lloyd's proper close to his family.

It's a bit of a coincidence though, isn't it?

Two dead babies.

And Lloyd is there alone with both of them.

You know maybe you don't know him quite as well as you think you do.

Lloyd was alone in that room with Alex. You said it yourself.

Now someone got angry that night...

and someone shook that baby.

And if it wasn't you, then

it must've been Lloyd?

We were in my room

playing music.

Alex's crying was doing my nut in so I,

put the parent unit on silent.

The lights flash up and the screen comes on when the baby cries.

They were flashing like mad when Lloyd went in there,

then they just stopped.

Lloyd said he'd settled him. He said Alex was fast asleep.

I used to know every squeaky floorboard in my girls' room.

Step on the wrong one

and bang goes an hour of rocking 'em to sleep.

But you didn't know Alex's room Lloyd.

One false move and he's bawling his head off again.

I was on my way out.

I'd only just closed the door.

And it woke him up?

Must've been the light in the hall when I opened the door.

Right.

Which one of you two went back in the room though, Lloyd?

Was it you? Or Leila?

Lloyd.

Lloyd,

the baby monitor,

in Alex's bedroom had a camera with a recording device

and we have people working on that hard drive

retrieving that recording.

So pretty soon we're gonna be able to see when that baby

was in and out of that cot

and we're gonna be able to hear every sound

from that room, on that night.

You gonna make me wait for those results

or are you gonna tell me now

what I'm going to see and hear from that recording?

Lloyd?

Leila went back in.

Started shouting at him. Told him to shut up.

She just completely lost it.

I went in after her.

The baby was in the cot, screaming.

I told Leila I'd sort it.

So, did you pick the baby up?

- Did you pick the baby up again? - No. I should've.

I knew if he kept crying then Leila wouldn't wanna--

What have sex?

So, what did you do?

- What did you do Lloyd? - I turned it off.

I turned the baby monitor off.

They're gonna stick to their stories.

We're not gonna get a confession out of either of them.

It could be either one of them.

We've got the medical evidence, and the laptop.

We're just waiting on the recording from the baby monitor now.

He puts her in the baby's room, she puts him in there too. It's enough.

So, which one of them do you want us to charge?

We charge both of them with murder on a joint enterprise.

Private Benson has no previous convictions

and an exemplary military record.

My lord, he was recently stripped of the rank of Lance Corporal

having been found guilty of attacking a fellow soldier.

There is also the issue of his baby brother's death.

His brother died of Sudden Infant Death Syndrome.

There is no evidence whatsoever

- the death was anything but natural-- - I've heard enough.

Miss Marsden,

I assume you want to make a bail application too?

Indeed, My lord.

As you know there is much debate

as to whether prison is a suitable environment for women full-stop,

let alone a vulnerable teenager with no previous convictions.

And nowhere to be bailed to.

She was residing with the victim's parents.

She can reside with her parents.

I'm sorry, Miss Marsden, your client

is charged with the brutal murder of a defenseless baby.

I'm not taking any chances.

Both defendants are remanded in custody.

Oh come on, Helena. What did you expect?

Oh I don't know,

a little common sense perhaps.

Judges are understandably cautious about releasing child killers on bail.

My client didn't kill that baby.

The boyfriend, on the other hand,

has history, motive, opportunity.

Oh you saw the email she sent him,

"I'll make sure that baby doesn't get in the way".

Speaking of which,

Application to exclude the laptop,

the homemade porn and the exchange of messages you found on it.

The laptop was seized during an illegal search.

- Consent was obtained, My lord. - Not from my client.

Michael Raines gave consent. It was his property. Leila was his tenant.

And also his employee.

He can consent to a search of her work area

for items relating to her job. But her bedroom was her personal space.

Personal space belonging to Michael and Suzanne Raines.

I'm sorry, Mr. Steel.

Whether I owned my bedroom or rented it,

I wouldn't want the police trawling through my y-fronts without my consent.

The evidence obtained from the laptop is inadmissible.

All the medical evidence proves is someone shook the baby.

The video and the messages between them provided motive.

The jury might not get to see it but they will be told

that those two were having sex while that baby lay dying.

Only one of them actually did it.

Yes, but if the other knew what was happening

then that makes them both guilty.

We can't prove that they both knew

and the jury will be scared of sending an innocent person to prison.

We're not going to drop the charges, James.

No, I'm not suggesting we do

but the defense will use the fact

one provides reasonable doubt for the other.

So, you'd rather go after just one of them?

If we can find out for certain which one of them did it,

yeah.

The monitor recorded images and sound the whole time it was on.

- You managed to retrieve it all? - Yep.

A lot of baby Alex crying in his cot, Leila coming in and out.

Anything incriminating?

Come on little man, I'm trying to get some action in there.

Okay.

Lloyd claims

he turned the baby monitor off, went into the bedroom, had sex with Leila.

They were interrupted by Michael Raines coming home.

Lloyd climbs out of the window onto the flat roof and makes his escape.

Right.

So, the recording proves he was telling the truth.

Could he have been in the room at any other time?

Well we know,

he only got to the house at 7:30.

The recording starts at six. He goes into the room,

spends twenty minutes singing the baby to sleep

then he's barely out the door when the baby starts crying again

and Leila comes in.

Just shut up, will ya? You're spoiling everything.

- Shut up! - Leila, Leila don't.

Just go back in the bedroom. I'll sort it.

Poor kid.

Could he have shaken the baby after he turned the monitor off?

The time code says the monitor went off at 8:21 and seven second exactly.

Nineteen seconds later Lloyd turns on the webcam

and appears in shot in Leila's room

and they started their homemade porn session.

Just enough time to go from Alex's room, upstairs to Leila's

and turn on the camera.

But not enough time to shake a baby to death.

It can't have been Lloyd.

The evidence we've found exonerates your client.

We've issued a notice of discontinuance

and the court are drawing up his release papers.

I'll contact his family.

I'm sure they'll want the chance to see him

before he flies back out to Afghanistan.

We were expecting a legal visit with Lloyd Benson?

I'm afraid that's, that won't be possible.

I was assured Private Benson would be here.

Lloyd Benson was stabbed by his cellmate half an hour ago.

He died before the ambulance arrived.

This kid has done three tours of Afghanistan

and he dies in one of your cells?

You can't blame yourself for this, James.

Lloyd should never have been in that prison cell.

You weren't the only one who thought he was guilty.

He barely had access to that baby. It must've been Leila.

Lloyd's innocence doesn't prove Leila's guilt.

She was angry with that baby, you heard the recording.

She was the only one with opportunity and motive.

Missing out on your night off is hardly motive for child murder.

She'd been caring for a teething baby since five that morning.

Come on you're a parent, you know what it's like.

And most parents don't end up killing their children, James.

See you in court.

- You've got my report. - I need you in the witness box, Lucy.

Your expert testimony could make all the difference.

There must be half a dozen expert witnesses

who will be more than happy to take a check.

Yeah but they didn't do the postmortem.

Well, these shaken baby cases just aren't clear cut anymore, James.

Hang on, you seemed to be pretty clear about it before?

Oh, I'm not disputing baby was shaken,

it's just I don't want a conviction resting solely on my evidence.

We have witnesses to Leila Merton's neglect,

recording of her yelling at the baby.

You know I wouldn't prosecute a case based purely on medical evidence.

And you know expert witnesses don't get immunity anymore.

Because of unsafe convictions based on tenuous evidence.

I am not about to put my career on the line.

Are you a hundred percent certain this baby was shaken?

Yes, you know I am. There's no other explanation.

Then the jury needs to hear that.

Violently shaking a baby can cause the brain

to move within the skull resulting in cerebral contusions

or tearing of the blood vessels.

Then most common findings in these babies is a triad of injuries,

brain disease and bleeding behind the brain and behind the eyes.

And did you find this bleeding in Alex Raines?

Yes. And it was severe.

So, in your opinion, was baby Alex shaken to death?

Well unless he was involved in a car crash,

I can't think of any other likely explanation.

Thank you, no further questions.

Did you find any bruising on the baby's arms or rib cage?

- No. - Any rib fractures?

- No, but I-- - Any traction changes

in the long bones, damage to the neck or spine?

No.

So out of seven

expected findings in a shaken baby syndrome,

- you found only three? - I found the three most common.

And is this triad of injuries

ever found in any other condition in babies?

Yes, but I checked.

There was no birth trauma, no vaccine damage,

there was no vitamin c deficiency and he tested negative to GA-1.

- Aren't you missing one other condition? - I don't think so.

Is it not possible that an accidental head injury

can also cause the same pattern of swelling and bleeding?

Is that a difficult question, Miss Radley?

It's possible, yes.

Is it not the case that many pediatric experts

now doubt the very existence

of so called Shaken Baby Syndrome?

Some do. I don't.

I believe a significant number of convictions

have been quashed and caregivers released from prison?

It's not my area of expertise so, I can't possibly comment.

No, that's right.

You aren't an expert in head injuries,

at all, are you?

I'm an expert in pediatric forensic pathology and I did the postmortem.

One final question. When you did the postmortem,

did you examine the dura?

It's the outermost layer of the meninges,

which surrounds the brain and spinal cord.

- There was no reason to. - Really?

You found bleeding in the brain

and you didn't examine the dura to see if a clot

from a previous injury might have left an imprint?

To the best of my knowledge, there is no history of previous injuries.

To the best of your knowledge.

No further questions.

With Lloyd exonerated Helena was bound to have a go at the medical evidence.

- She has to create reasonable doubt. - She did a good job of it.

According to Alex Raines' medical records

there was no accidental head injury.

The jury'll see she's just trying to muddy the waters.

You had access to the Raines' house?

Yes, I'm in the office most days.

It's in the house.

So, you saw how the defendant interacted with baby Alex

when Mr. and Mrs. Raines weren't at home?

She didn't.

She was usually on the sofa checking her email.

And where was the baby?

Either in his cot upstairs or in his play pen.

More often than not he was crying.

A few days before Alex died

he was very distressed.

He'd been sick. It was all over his clothes.

And the defendant didn't go to him?

I called to her but she didn't hear me,

she had her headphones on.

Presumably, she didn't hear the baby crying?

No. I went downstairs

and told her Alex was unwell, that he needed changing.

- And did she go to him then? - No.

She just put her headphones back on and went back to her laptop.

Did you ever witness the defendant being violent towards the child?

A couple of weeks before Alex died; I was in the kitchen making a cup of tea.

Alex was in his high chair.

He'd thrown his bowl and there was food all over the walls and floor.

What did Leila do?

She shouted at him.

Then she grabbed him out of the chair and shoved him in to the play pen.

That girl didn't give a damn about that baby.

The jury will disregard the witness's last comments.

We thought she genuinely cared for Alex.

We trusted her.

Did you ever observe her being rough with Alex?

No.

But she told the police that she left him to cry

and she knew how strongly I felt about that.

It must have been very difficult for you

to hand over such a young child while you went out to work?

It broke my heart. Every day it broke my heart.

Thank you.

I'm sorry for your loss, Mrs. Raines.

I appreciate how difficult it must be for you to come here today.

Were you and your husband in some sort of financial difficulty?

No.

But you returned to work when your baby was just a few weeks old?

Without my wages we had nothing left after the mortgage are the bills were paid.

It was a difficult year, the market's picking up now.

So, you can pay for all the little extras?

- Yes. - Holidays, nice car, wine club?

- Yes. - Without those luxuries

you could've stayed home and looked after your baby?

- I need my job. - More than your child?

My lord, whether or not Mrs. Raines chooses to go out and work

has no bearing whatsoever on this case.

My lord I am simply trying to paint a picture

for the jury of life in the Raines' home.

Well let's keep that picture in a simple frame, Miss Marsden.

We don't need to gilt it now, do we?

Were you aware when you hired Leila Merton

that she'd recently been fired by another family?

No, I had no idea.

We trusted the agency to be open with us.

How much research did you do,

on this agency that supplies untrained nannies?

Would you like me to rephrase the question?

My neighbor's sister uses them.

I see and what's her name?

- My neighbor? - No. Her sister.

The court reporter needs to take this down, Mrs. Raines.

I don't know.

Yet you trusted her judgement when it came to the welfare of your child?

Is any of this actually relevant to the case, My Lord?

I think not. Consider yourself warned, Miss Marsden.

On the day your son died

you left the house at 5 a.m.

and didn't return until your husband called you away from work

at 10 p.m. Is that correct?

I had a late-night viewing. We're selling some apartments on the river.

You were away from the house for some seventeen hours.

Does your job often require you to work so late into the evenings?

Occasionally.

So, you were swanning around some luxury penthouses

while someone else was changing your baby's dirty nappies?

I loved my baby.

Of course you did.

You just didn't have any time to spend with him.

My Lord, Mrs. Raines is not the one on trial here!

Miss Marsden, you'll be held in contempt

if you do not return to an appropriate line of questioning.

The jury will disregard the last comments.

One more question, Mrs. Raines.

Did Alex have any accidents, any falls,

bumps to the head in the month before his death?

He'd just started crawling. Of course, he had bumps.

You show me a baby that doesn't.

Any particular incident come to mind?

He fell off his changer when Michael was reaching for a nappy.

It was three weeks before he died.

The GP said he was fine.

No further questions.

That was quite a performance.

The jury has a right to know what sort of mum she is.

A working one. You made her look like Rose West.

Because I showed she put her job before her own child?

Because you played on misconceptions held by half the jury.

Come on, Helena. You're a working mum. You know how tough it can be.

Do you think I'd be doing this

if my ex hadn't buggered off with his therapist?

I think you'd still be up in court on your zimmer frame if they'll let you.

Madam foreperson,

please answer my first question either yes or no.

Have you reached a verdict on which at least ten of you have agreed?

No.

Would any more time assist?

I don't think so, no.

I must declare this jury have been unable to reach a verdict.

What the hell do we do now?

The Crown has seven days to decide whether or not they will be retrying.

The case will be listed for mention a week on Monday.

We have to make sure the next jury are certain of Leila Merton's guilt.

You don't think a retrial would be a waste of public money.

She knew the baby wasn't well

but instead of taking care of him she was more interested

in making homemade porn with her boyfriend.

She wasn't trained in childcare.

If the Raines expected her to do those sort of hours,

they should have hired a fully trained nanny.

A trained nanny costs the best part of thirty grand a year.

They could never afford that.

Suzanne said she took Alex to the GP

after a fall but there's no mention of it in the medical records.

I thought she was an over anxious new mum.

You know how many I get in here every day?

But there's no record of the injury in Alex Raines' notes?

Because there was no injury.

I checked the baby's head, no bump, not even a bruise.

Is it possible that Alex could've had an internal injury

without any sign of an external one?

I'm a GP, Mr. Steel, not a specialist.

That's something you'll have to ask the pathologist who did the postmortem.

I told you what I believed according to the evidence I'd been given.

You're the expert, Lucy. You should have told me the full story.

This accidental injury three weeks before he died--

The fall from the changer, which I knew absolutely nothing about.

I'm not interested in who's to blame,

I just need to know if it could have caused his death?

There are cases, where a baby has an accidental bump to the head,

shows no outward signs of damage

and then dies a few weeks later when the bleeding is triggered again.

It's rare but it does happen.

But something would need to trigger the bleeding?

Well it wouldn't take much.

If the baby's head hit a surface with a small amount of force,

the bleeding could start again.

Are you seriously telling me his death could have been accidental?

Well I'd need to re-examine the brain and the skull to be sure.

Exhume the body?

It's your call, James, not mine.

But to be certain, yeah.

No.

Michael, you shouldn't've come.

I had to see it for myself.

Please, I'm begging you, don't do it.

We have to know.

Lucy called.

There are signs of a healing fracture in Alex's skull.

How recent?

The healing is consistent with a bump to the head three weeks prior to death.

A re-bleed could have been triggered by another bump.

Andrea said she saw Leila being heavy handed with the baby.

Well maybe she bumped his head by accident?

I was never rough with Alex.

- Even when I'd been up half the night. - Andrea claims you were.

She's lying. I never hurt him.

You didn't drop him accidentally?

- No. - It happens,

You're tired, the baby slips out of your hands--

- No. - You're certain?

I'd tell you. I don't wanna spend the rest of my life inside, do I?

Interesting as this is, James, is there a point to it?

We think Alex's death...

may have been accidental.

In which case, I'll be filing for damages

for the time my client spent in custody on remand.

I don't wanna make money out of this.

Lloyd died with the whole world thinking he was a baby murderer.

He was my life.

We offered her a get out of jail free card.

All she had to say was she accidentally bumped the baby's head.

But Andrea was certain that she saw Leila being rough with Alex.

Yeah Leila claims she wasn't.

Well one of them is lying. The question is which one.

Let's talk to Andrea again.

I put that couple through an exhumation.

We have to find out how their baby died.

I'm not saying she meant to hurt Alex.

She was just so wrapped up in that boyfriend of hers.

When I was nineteen I'd much rather have been writing love letters

to Michael than spoon feeding a baby.

You were with Michael when you were nineteen?

Eighteen. We met at university.

Fresher's ball. You never wanted kids?

Do I look like the maternal type?

I wouldn't know one end from the other.

I have a meeting with a supplier in an hour.

Leila Merton denies ever being rough with the baby.

- I know what I saw. - You're the only person that saw that.

Even Suzanne never witnessed Leila be anything but gentle with Alex.

Well maybe it wasn't Leila. Maybe it was the boyfriend.

- Really? - I don't mean on purpose.

A few days before Alex died,

I passed his room, the door was open.

Leila's boyfriend was in there and he was playing with the baby,

you know, flying him round the room like an airplane.

Alex was loving it, was giggling.

I didn't think of it at the time but he was there, wasn't he?

The night that Alex died.

Maybe he was playing the game. I mean he could've hit Alex's head

against the wall or something without realizing.

Look, I really have to get to this meeting.

We'll let you know about the retrial.

- She's lying. - It sounded possible.

She just said she saw Lloyd a few days before Alex died.

Lloyd Benson had been on a tour of duty in Afghanistan for five months.

He only got back the day Alex died.

Leila had only been working there three months.

Lloyd had never been to the Raines' house before.

So if Andrea saw him, in Alex's room

it must have been the night Alex died.

Andrea made out that she didn't want a baby,

- career comes first and all that. - So?

So, I talked to Michael about it.

Being in the Raines house the night Alex died

wasn't the only thing she lied about.

Andrea and Michael had seven failed attempts at IVF,

I mean it nearly crippled them financially.

It wasn't anyone's business.

You lied about not wanting a baby.

You share your personal failures with all and sundry, do you?

It must have been soul destroying,

going through all that and still not having a baby at the end of it.

What would you know?

You want my advice?

Have a baby before your eggs dry up.

It can't have been easy watching the man you love have a baby with someone else?

They didn't tell me.

Michael was too scared.

I answered the door when the cot arrived.

- That must have hurt. - It's what happens when you're infertile.

People stop telling you their happy news,

stop inviting you to their child friendly parties

because you're not a member of their exclusive little club.

Andrea, Leila's boyfriend was in Afghanistan

right up until the day of Alex's death.

I must've got the date wrong.

We know for a fact he only came here once. It was the night Alex died.

You were here, at Suzy and Michael's, the night Alex died, weren't you?

I dropped off some files and left, that's it.

So you've been lying all this time?

You must've heard Alex crying?

- Yes but I didn't go to him. - Because you're not the maternal type?

That's not true, is it? You wanted a baby more than anything.

I didn't shake that baby. I couldn't do that.

No one shook him, Andrea.

Alex's death was accidental.

But he must have bumped his head the day he died,

on his cot maybe.

You went into his room, didn't you?

They left him with a nineteen-year-old kid for god's sake.

They never saw him.

You wouldn't have done that, would you, if he was yours?

She didn't deserve him.

She took my husband. She took everything.

You picked Alex up, didn't you?

I just wanted to stop him crying.

I held him. I just held him.

An innocent man was accused of killing Alex.

He was murdered in his prison cell.

You have to tell us what happened.

He stopped crying. He just...

He just wanted a cuddle.

I looked into his eyes and I saw Michael.

I saw the child I never had.

It should have been my baby.

It hurts so much to feel him in my arms

and know that I'll never...

I'll never be a mum.

What did you do, Andrea?

I couldn't stand to hold him any more

I just let go.

I just let go.

Loser buys.

Oh, you must've had your doubts. Everything said it was her.

When's that stopped me defending to the best of my ability?

- Fancy another? - No, thanks.

I should've been back an hour ago for the babysitter.

- Do you want to share a cab? - No, I'm meeting Alesha.

Watch out. Over thirty. Childless.

Tick tock.