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These are the user uploaded subtitles that are being translated: 1 00:00:11,451 --> 00:00:14,367 ANNOUNCER: This isJustice in America. 2 00:00:14,410 --> 00:00:16,369 And I'm Madeline McBride. 3 00:00:16,412 --> 00:00:19,676 It has been 73 days since the murder 4 00:00:19,720 --> 00:00:21,417 of 11-year-old Kaylee Nagle. 5 00:00:21,461 --> 00:00:25,030 Kaylee was found sexually assaulted and stabbed to death 6 00:00:25,073 --> 00:00:27,032 in her Westchester, New York home. 7 00:00:27,075 --> 00:00:29,556 And while the police have yet to make an arrest, 8 00:00:29,599 --> 00:00:31,993 there is one suspect from whom 9 00:00:32,037 --> 00:00:33,429 we never hear. 10 00:00:33,473 --> 00:00:35,692 I'm talking about Kaylee's stepfather, 11 00:00:35,736 --> 00:00:37,694 Jeremy Brennan. 12 00:00:37,738 --> 00:00:40,088 According to Jeremy's statement to the police, 13 00:00:40,132 --> 00:00:41,959 he picked up Kaylee after school 14 00:00:42,003 --> 00:00:43,961 at soccer practice and returned home. 15 00:00:44,005 --> 00:00:46,355 And while Kaylee's mother was at work, 16 00:00:46,399 --> 00:00:49,315 Jeremy claims he went on a bike ride 17 00:00:49,358 --> 00:00:52,361 and returned less than an hour later to find 18 00:00:52,405 --> 00:00:55,669 his stepdaughter dead on the kitchen floor, 19 00:00:55,712 --> 00:00:58,193 her soccer jersey ripped open, 20 00:00:58,237 --> 00:01:01,370 her shorts pulled down to her ankles, 21 00:01:01,414 --> 00:01:03,024 and a kitchen knife 22 00:01:03,068 --> 00:01:05,331 buried in her chest. 23 00:01:06,419 --> 00:01:09,248 Well, apparently, the police are running out of ways 24 00:01:09,291 --> 00:01:11,902 to get this man to talk, and that is why 25 00:01:11,946 --> 00:01:15,776 I am asking you, for the 22nd night in a row, 26 00:01:15,819 --> 00:01:20,563 to let Jeremy Brennan know that youneed to hear from him. 27 00:01:20,607 --> 00:01:22,565 Youwant answers. 28 00:01:22,609 --> 00:01:24,828 And he can't hide! 29 00:01:24,872 --> 00:01:26,352 Let's keep up the pressure. 30 00:01:26,395 --> 00:01:28,919 Let's bombard this man with our tweets. 31 00:01:28,963 --> 00:01:30,791 Let's demand that he come forward 32 00:01:30,834 --> 00:01:33,576 and answer some questions. 33 00:01:33,620 --> 00:01:36,492 @JeremyBrennanRealty. 34 00:01:36,536 --> 00:01:41,106 ♪StopHidingJeremy. 35 00:01:43,586 --> 00:01:45,414 Dr. Bull, Mr. Colón. 36 00:01:45,458 --> 00:01:47,155 I appreciate you braving the pandemic 37 00:01:47,199 --> 00:01:48,374 to meet me this morning. 38 00:01:48,417 --> 00:01:49,679 For the record, I get tested every day. 39 00:01:49,723 --> 00:01:51,116 The room is disinfected every night. 40 00:01:51,159 --> 00:01:52,595 So feel free to leave your masks on 41 00:01:52,639 --> 00:01:54,815 or take them off as you see fit. 42 00:01:54,858 --> 00:01:56,773 You gentlemen know why you're here? 43 00:01:56,817 --> 00:01:58,688 I'm guessing it's because 44 00:01:58,732 --> 00:02:00,516 you have a Madeline McBride problem. 45 00:02:00,560 --> 00:02:02,953 She's being sued by that family of the little girl 46 00:02:02,997 --> 00:02:05,130 who was murdered. And they want her 47 00:02:05,173 --> 00:02:08,568 to stop encouraging her viewers to harass the stepfather 48 00:02:08,611 --> 00:02:10,396 on social media. 49 00:02:10,439 --> 00:02:13,050 Please. 50 00:02:13,094 --> 00:02:16,184 Well, you know... this Madeline McBride issue. 51 00:02:16,228 --> 00:02:18,795 She's picking a fight with someone who, 52 00:02:18,839 --> 00:02:20,406 who might be the guilty party, but also someone 53 00:02:20,449 --> 00:02:22,799 who could certainly be perceived as the victim, 54 00:02:22,843 --> 00:02:24,323 in that his stepdaughter was 55 00:02:24,366 --> 00:02:26,194 the person who died. 56 00:02:26,238 --> 00:02:28,022 Can't pay them off-- they don't want money. 57 00:02:28,065 --> 00:02:30,067 Can't ask Madeline to stop what she's doing 58 00:02:30,111 --> 00:02:32,331 without doing irreparable harm to her brand, 59 00:02:32,374 --> 00:02:34,028 which, as you know, is 60 00:02:34,071 --> 00:02:35,725 the tough-talking, acerbic, 61 00:02:35,769 --> 00:02:37,727 defender of those denied justice. 62 00:02:37,771 --> 00:02:39,294 Yada, yada, yada. Long story short, 63 00:02:39,338 --> 00:02:41,862 we're going to court, whether we want to or not. 64 00:02:41,905 --> 00:02:43,472 BENNY: So you think the jury 65 00:02:43,516 --> 00:02:46,345 just might side with the family of the dead girl? 66 00:02:46,388 --> 00:02:48,521 [sighs] Our whole business is based 67 00:02:48,564 --> 00:02:50,218 on the assumption that the First Amendment gives 68 00:02:50,262 --> 00:02:52,568 our air personalities the right to express themselves 69 00:02:52,612 --> 00:02:54,222 without fear of retribution. 70 00:02:54,266 --> 00:02:55,876 And I don't want to give the courts or a jury 71 00:02:55,919 --> 00:02:57,965 any reason to second-guess that. 72 00:02:58,008 --> 00:03:00,533 I'd just love to shut this down sooner rather than later. 73 00:03:00,576 --> 00:03:04,014 If you two were inclined to lead the fight for us... 74 00:03:04,058 --> 00:03:06,582 I'd certainly make it worth your while. 75 00:03:06,626 --> 00:03:08,236 You ever watch that lady's show? 76 00:03:08,280 --> 00:03:10,586 I have caught a little of it here and there. 77 00:03:10,630 --> 00:03:13,154 It's hard to believe that's what the founding fathers 78 00:03:13,198 --> 00:03:16,201 had in mind when they were cooking up the Constitution. 79 00:03:17,506 --> 00:03:19,900 Are you trying to tell me you'd rather not be involved? 80 00:03:19,943 --> 00:03:22,946 Madeline McBride is part of this culture of evisceration 81 00:03:22,990 --> 00:03:25,775 that takes over cable television every night. 82 00:03:25,819 --> 00:03:28,778 Whether it's politics or celebrity stalking 83 00:03:28,822 --> 00:03:31,172 or true crime, it's just... 84 00:03:31,216 --> 00:03:32,391 it's just mean, man. 85 00:03:32,434 --> 00:03:34,044 Well, it might be mean, but Madeline McBride 86 00:03:34,088 --> 00:03:37,309 and WNN are on the right side of this thing legally. 87 00:03:37,352 --> 00:03:38,527 It's the First Amendment. 88 00:03:38,571 --> 00:03:40,790 And the problem is... 89 00:03:40,834 --> 00:03:42,575 if you don't stand up for the people you don't agree with 90 00:03:42,618 --> 00:03:44,838 when they're being silenced, there might not be 91 00:03:44,881 --> 00:03:47,101 a right to free speech when they come after 92 00:03:47,144 --> 00:03:49,146 the people that you doagree with. 93 00:03:49,190 --> 00:03:51,845 Right? No less a figure than George Washington said, 94 00:03:51,888 --> 00:03:54,891 "If freedom of speech is taken away, then dumb and silent 95 00:03:54,935 --> 00:03:57,633 we may be led like sheep to the slaughter." 96 00:03:59,287 --> 00:04:01,594 BENNY: Your Honor, the law of the state of New York 97 00:04:01,637 --> 00:04:04,727 is very clear-- an injunction can only be granted 98 00:04:04,771 --> 00:04:06,860 if there's proof that the party in question 99 00:04:06,903 --> 00:04:09,123 is doing irreparable harm. 100 00:04:09,166 --> 00:04:11,778 Counsel is correct on that point. 101 00:04:11,821 --> 00:04:14,302 Is your client suffering irreparable harm? 102 00:04:14,346 --> 00:04:16,435 Without question, Your Honor. 103 00:04:16,478 --> 00:04:20,134 Jeremy Brennan is suffering indescribable mental anguish 104 00:04:20,177 --> 00:04:23,398 because of Madeline McBride's relentless 105 00:04:23,442 --> 00:04:25,792 and very public attacks. 106 00:04:25,835 --> 00:04:28,621 To be clear, she's accusing 107 00:04:28,664 --> 00:04:31,537 my client of the murder of his stepdaughter 108 00:04:31,580 --> 00:04:34,322 on national television, virtually every night 109 00:04:34,366 --> 00:04:35,889 for over a month now. 110 00:04:35,932 --> 00:04:38,718 All this while he and his wife 111 00:04:38,761 --> 00:04:41,764 are dealing with the anguish of having lost 112 00:04:41,808 --> 00:04:43,810 their only child in... 113 00:04:43,853 --> 00:04:46,465 as gruesome and savage 114 00:04:46,508 --> 00:04:48,641 a rape and murder 115 00:04:48,684 --> 00:04:50,599 as I can ever recall. 116 00:04:50,643 --> 00:04:52,775 She is using her bully pulpit 117 00:04:52,819 --> 00:04:55,430 to urge her viewers 118 00:04:55,474 --> 00:04:57,780 to call him out via social media. 119 00:04:57,824 --> 00:05:00,000 My client receives over a thousand 120 00:05:00,043 --> 00:05:02,785 tweets a day-- all of them hostile, 121 00:05:02,829 --> 00:05:05,658 many of them threatening-- and all of them mention 122 00:05:05,701 --> 00:05:08,313 Ms. McBride and her program by name. 123 00:05:08,356 --> 00:05:11,228 Furthermore, Mr. Brennan is a real estate agent. 124 00:05:11,272 --> 00:05:15,189 His name... is an integral part of his business. 125 00:05:15,232 --> 00:05:18,801 Bus benches with his name and photo 126 00:05:18,845 --> 00:05:21,456 are being defaced with the words "pedophile" 127 00:05:21,500 --> 00:05:23,066 and "killer." 128 00:05:23,110 --> 00:05:25,634 Mr. Brennan can't even go out in public anymore. 129 00:05:25,678 --> 00:05:27,723 And let's start with the fact 130 00:05:27,767 --> 00:05:29,856 that my client has never 131 00:05:29,899 --> 00:05:32,337 been arrested or charged 132 00:05:32,380 --> 00:05:34,904 with any crime. None. 133 00:05:34,948 --> 00:05:37,080 Furthermore, there is clear evidence 134 00:05:37,124 --> 00:05:39,692 that someone else is the killer. 135 00:05:39,735 --> 00:05:43,478 There was unidentified DNA and skin cells 136 00:05:43,522 --> 00:05:46,089 present under Kaylee's fingernails. 137 00:05:46,133 --> 00:05:49,484 Something Ms. McBride doesn't even mention on her show. 138 00:05:49,528 --> 00:05:52,618 BENNY:Your Honor, the DNA found underneath the victim's 139 00:05:52,661 --> 00:05:55,838 fingernails could come from anyone, anywhere. 140 00:05:55,882 --> 00:05:57,797 Possibly even... 141 00:05:57,840 --> 00:06:00,016 one of her friends on the soccer field. 142 00:06:00,060 --> 00:06:02,018 And isn't this ultimately 143 00:06:02,062 --> 00:06:03,933 about the First Amendment? 144 00:06:03,977 --> 00:06:07,197 No less a figure than George Washington declared, 145 00:06:07,241 --> 00:06:10,070 "If freedom of speech is taken away, 146 00:06:10,113 --> 00:06:12,420 "then dumb and silent, 147 00:06:12,464 --> 00:06:16,076 we may be led like sheep to the slaughter." 148 00:06:16,119 --> 00:06:18,383 GODFORD: Mr. Colón knows good and well 149 00:06:18,426 --> 00:06:20,341 that not all speech 150 00:06:20,385 --> 00:06:22,082 is protected by the First Amendment. 151 00:06:22,125 --> 00:06:25,259 The Supreme Court has been very clear on that. 152 00:06:25,302 --> 00:06:27,217 There's a reason you can't yell fire 153 00:06:27,261 --> 00:06:28,828 in a crowded theater. 154 00:06:28,871 --> 00:06:32,397 Respectfully, Your Honor, you can if there's smoke. 155 00:06:33,702 --> 00:06:36,357 Personally, going forward, I would encourage 156 00:06:36,401 --> 00:06:38,620 Ms. McBride to show a degree of sensitivity 157 00:06:38,664 --> 00:06:41,971 to Mr. Brennan, who, as Mr. Godford points out, 158 00:06:42,015 --> 00:06:46,367 has not even been charged with a crime at this point. 159 00:06:46,411 --> 00:06:48,413 However, I am bound by the State of New York 160 00:06:48,456 --> 00:06:51,067 as well as the United States' Constitution. 161 00:06:51,111 --> 00:06:54,244 Madeline McBride has a guaranteed First Amendment right 162 00:06:54,288 --> 00:06:55,942 to state her opinion. 163 00:06:55,985 --> 00:06:59,380 Therefore, I am denying the request for an injunction. 164 00:06:59,424 --> 00:07:01,556 Court dismissed. 165 00:07:07,910 --> 00:07:09,738 Nice job, gentlemen. 166 00:07:09,782 --> 00:07:12,088 Uh... I told you we were in good hands. 167 00:07:12,132 --> 00:07:15,004 That George Washington quote was very moving. 168 00:07:15,048 --> 00:07:17,659 We barely said hello, but I'm very grateful 169 00:07:17,703 --> 00:07:19,922 for what you did here today. 170 00:07:19,966 --> 00:07:21,968 And... 171 00:07:22,011 --> 00:07:24,710 I know that Kaylee is, too. 172 00:07:28,975 --> 00:07:30,977 [elevator bell chimes] 173 00:07:35,851 --> 00:07:37,287 Hi, hi, sorry! 174 00:07:37,331 --> 00:07:38,724 Forgive me for ambushing you. 175 00:07:38,767 --> 00:07:40,247 It's just that your place was locked, but then... 176 00:07:40,290 --> 00:07:42,118 the guard downstairs recognized me 177 00:07:42,162 --> 00:07:44,469 and he said that I could wait here for you, 178 00:07:44,512 --> 00:07:45,861 so... 179 00:07:45,905 --> 00:07:48,473 What can I do for you, Ms. McBride? 180 00:07:48,516 --> 00:07:51,040 [sighs] 181 00:07:51,084 --> 00:07:53,521 I got a phone call about an hour ago. 182 00:07:53,565 --> 00:07:57,307 Jeremy Brennan, Kaylee Nagle's stepfather, 183 00:07:57,351 --> 00:07:59,396 he... 184 00:08:00,267 --> 00:08:03,488 ...he killed himself last night. 185 00:08:10,582 --> 00:08:12,627 ♪ 186 00:08:18,807 --> 00:08:21,027 [phone ringing, buzzing] 187 00:08:26,249 --> 00:08:27,686 Hello? 188 00:08:28,861 --> 00:08:30,993 Yes, this is she. 189 00:08:31,037 --> 00:08:34,127 Sorry, what hospital is this? 190 00:08:35,476 --> 00:08:37,217 Oh, no, no, there must be some mistake. 191 00:08:37,260 --> 00:08:39,959 You're, like, three blocks away from me. 192 00:08:40,002 --> 00:08:42,091 My father lives in Louisiana. 193 00:08:42,135 --> 00:08:44,398 Has for the last 15 years. 194 00:08:46,835 --> 00:08:48,576 Wait, he what? 195 00:08:48,620 --> 00:08:50,360 Tonight? 196 00:08:50,404 --> 00:08:53,363 Day 42-- no response 197 00:08:53,407 --> 00:08:55,409 from Jeremy Brennan or his attorneys 198 00:08:55,452 --> 00:08:58,368 regarding his availability or willingness 199 00:08:58,412 --> 00:08:59,935 to appear on this show. 200 00:08:59,979 --> 00:09:02,329 No response from Westchester PD 201 00:09:02,372 --> 00:09:04,636 as to what their plans are moving forward 202 00:09:04,679 --> 00:09:06,594 in regards to the Kaylee Nagle case. 203 00:09:06,638 --> 00:09:08,509 No response from the mayor. 204 00:09:08,553 --> 00:09:10,990 No response from the county supervisor. 205 00:09:11,033 --> 00:09:14,863 And that is why I've applied for a permit 206 00:09:14,907 --> 00:09:16,691 for an organized rally across the street 207 00:09:16,735 --> 00:09:18,040 from the Brennan home. 208 00:09:18,084 --> 00:09:21,304 The scene of Kaylee's death. 209 00:09:21,348 --> 00:09:22,958 And if you live in the tri-state area, 210 00:09:23,002 --> 00:09:25,265 I do hope that you will come down and join me 211 00:09:25,308 --> 00:09:28,660 as we let the world know that we have some questions. 212 00:09:28,703 --> 00:09:30,966 And we want some answers! 213 00:09:31,010 --> 00:09:32,925 Our client concluded her broadcast, 214 00:09:32,968 --> 00:09:35,231 this broadcast, at 9:59. 215 00:09:35,275 --> 00:09:38,887 According to the Brennan cable box, the program was viewed 216 00:09:38,931 --> 00:09:40,933 in both the bedroom and the family room. 217 00:09:40,976 --> 00:09:44,589 Jeremy's widow tells us she watched it alone 218 00:09:44,632 --> 00:09:46,329 and fell asleep shortly thereafter. 219 00:09:46,373 --> 00:09:49,028 Apparently her late husband never made it upstairs to bed. 220 00:09:49,071 --> 00:09:52,031 Sometime between 2:00 and 3:00 a.m., 221 00:09:52,074 --> 00:09:54,337 he entered the garage, climbed into his car, 222 00:09:54,381 --> 00:09:56,383 started the engine... 223 00:09:56,426 --> 00:09:58,254 but never opened the garage door. 224 00:09:58,298 --> 00:10:00,561 Just sat in the front seat and waited for the carbon monoxide 225 00:10:00,605 --> 00:10:03,738 to do its job-- no texts, no note, no nothing. 226 00:10:03,782 --> 00:10:06,698 BULL: Let's talk law-- the other side is gonna have 227 00:10:06,741 --> 00:10:09,831 to prove Jeremy Brennan's suicide was uniquely 228 00:10:09,875 --> 00:10:13,139 a result of Madeline McBride's on-air provocations. 229 00:10:13,182 --> 00:10:15,358 And as disturbing as what we just saw was, 230 00:10:15,402 --> 00:10:18,927 that's gonna be a very, very difficult thing to prove. 231 00:10:18,971 --> 00:10:22,061 And yet, the six people sitting in judgment of all this 232 00:10:22,104 --> 00:10:24,063 may have a hard time separating what Madeline did 233 00:10:24,106 --> 00:10:27,153 from who Madeline is, or who she appears to be. 234 00:10:27,196 --> 00:10:29,068 Taylor, you have those Q scores? 235 00:10:29,111 --> 00:10:30,286 "Q score"? 236 00:10:30,330 --> 00:10:33,159 They measure the likeabilityand familiarity 237 00:10:33,202 --> 00:10:34,421 of a celebrity. 238 00:10:34,464 --> 00:10:36,249 Madeline McBride has an extraordinarily 239 00:10:36,292 --> 00:10:37,685 high Q score, actually. 240 00:10:37,729 --> 00:10:39,861 Over 80% of adults who are between the ages 241 00:10:39,905 --> 00:10:41,863 of 18 and 49 know who she is. 242 00:10:41,907 --> 00:10:44,083 Additionally, two out of three of those 80% 243 00:10:44,126 --> 00:10:46,563 admit to watching her at least three times a month. 244 00:10:46,607 --> 00:10:48,740 Okay. She's popular. We knew that. 245 00:10:48,783 --> 00:10:50,219 Here's the fascinating part. 246 00:10:50,263 --> 00:10:52,700 Two-thirds of that subsetthat says they watch her, 247 00:10:52,744 --> 00:10:54,659 admit they don't like her. 248 00:10:54,702 --> 00:10:57,705 They find her shrill,hysterical, judgmental, unfair. 249 00:10:57,749 --> 00:11:00,795 Most repeated comment:"She's not a nice person." 250 00:11:00,839 --> 00:11:02,971 BULL:And therein lies the problem. 251 00:11:03,015 --> 00:11:05,844 That is our potential jury pool,which is why 252 00:11:05,887 --> 00:11:07,628 we have to make sure this case doesn't devolve 253 00:11:07,672 --> 00:11:09,848 into a referendum on our client's personality. 254 00:11:09,891 --> 00:11:12,720 Now, the other side's gonna have their hands full 255 00:11:12,764 --> 00:11:14,722 trying to prove causation, which I'm fairly sure 256 00:11:14,766 --> 00:11:17,290 we will be able to defend against, but... 257 00:11:17,333 --> 00:11:20,554 if this case becomes about what that jury thinks 258 00:11:20,597 --> 00:11:25,864 about McBride's behavior as a TV personality, we will lose. 259 00:11:25,907 --> 00:11:27,779 We can't play defense and win. 260 00:11:27,822 --> 00:11:30,738 We have to make sure this jury understands 261 00:11:30,782 --> 00:11:35,221 this is much bigger than a cable news TV show. 262 00:11:35,264 --> 00:11:38,528 [melancholy, orchestral movie music plays, bell tolls] 263 00:11:44,012 --> 00:11:45,797 [knocking] 264 00:11:45,840 --> 00:11:48,538 This better be important. 265 00:11:51,541 --> 00:11:54,501 What can I do for you? 266 00:11:54,544 --> 00:11:58,200 Any progress in the Madeline McBride of it all? 267 00:11:58,244 --> 00:11:59,854 Still in the midst. 268 00:11:59,898 --> 00:12:04,163 Actually, I had a startling revelation a little while ago. 269 00:12:04,206 --> 00:12:05,817 Our client... 270 00:12:05,860 --> 00:12:08,471 is the Hunchback of Notre Dame. 271 00:12:08,515 --> 00:12:10,125 People see her-- 272 00:12:10,169 --> 00:12:13,346 they're appalled, but they're also fascinated. 273 00:12:13,389 --> 00:12:15,348 Same way they feel about the Hunchback. 274 00:12:15,391 --> 00:12:16,828 They can't look away. 275 00:12:16,871 --> 00:12:19,961 So, what the novel does,what the movie does 276 00:12:20,005 --> 00:12:22,137 is it humanizes this person 277 00:12:22,181 --> 00:12:24,357 that people find so frightening, so terrifying. 278 00:12:24,400 --> 00:12:26,620 It makes them care about him. 279 00:12:26,663 --> 00:12:29,797 That's what we need to do with Madeline. 280 00:12:29,841 --> 00:12:31,886 Any idea how? 281 00:12:31,930 --> 00:12:33,192 Not a clue. 282 00:12:33,235 --> 00:12:35,020 Something will come to me. 283 00:12:35,063 --> 00:12:37,849 But I suspect that is not why you came to my office. 284 00:12:37,892 --> 00:12:39,241 Actually, I was hoping 285 00:12:39,285 --> 00:12:42,157 to get a couple of minutes with the other Dr. Bull. 286 00:12:42,201 --> 00:12:44,246 The psychologist. 287 00:12:48,033 --> 00:12:50,209 [sighs] 288 00:12:50,252 --> 00:12:52,777 What's going on? 289 00:12:52,820 --> 00:12:55,170 My father passed away last night. 290 00:12:55,214 --> 00:12:57,216 COVID. 291 00:12:57,259 --> 00:12:59,740 I'm so sorry.No, it's fine. 292 00:12:59,784 --> 00:13:01,568 I'm fine. 293 00:13:01,611 --> 00:13:03,700 Didn't even know he was sick. 294 00:13:06,703 --> 00:13:10,751 Haven't seen or spoken with him in almost 15 years. 295 00:13:10,795 --> 00:13:12,492 I thought he was 296 00:13:12,535 --> 00:13:14,189 in New Orleans this whole time. 297 00:13:14,233 --> 00:13:17,584 Turns out he was living four subway stops away from me. 298 00:13:17,627 --> 00:13:21,066 Is that what you wanted to talk to me about? 299 00:13:21,109 --> 00:13:23,242 No. No. 300 00:13:23,285 --> 00:13:25,940 Um, I wanted to talk about me. 301 00:13:28,508 --> 00:13:31,685 So, I got the call at 3:00 in the morning. 302 00:13:31,728 --> 00:13:34,993 Hung up, went straight to sleep. 303 00:13:35,036 --> 00:13:36,864 Didn't cry. 304 00:13:36,908 --> 00:13:38,648 Just slept. 305 00:13:38,692 --> 00:13:41,564 Then I got up, came to work. 306 00:13:41,608 --> 00:13:43,958 Still haven't cried. 307 00:13:47,222 --> 00:13:49,007 Is that crazy? 308 00:13:49,050 --> 00:13:51,270 Well, there's a lot I don't know, 309 00:13:51,313 --> 00:13:53,359 but my suspicion is... 310 00:13:53,402 --> 00:13:57,058 you're not reacting yet to what happened. 311 00:13:57,102 --> 00:14:00,583 And there's two reasons. One, you're in shock. 312 00:14:00,627 --> 00:14:04,892 And two, your father already left you 15 years ago. 313 00:14:04,936 --> 00:14:08,243 So, I suspect you've been mourning him 314 00:14:08,287 --> 00:14:10,942 on and off for years. 315 00:14:14,336 --> 00:14:16,556 That makes sense. 316 00:14:17,557 --> 00:14:19,820 Thank you, Dr. Bull. 317 00:14:23,432 --> 00:14:25,913 Danny? 318 00:14:26,740 --> 00:14:29,743 Sooner or later, you will cry. 319 00:14:32,180 --> 00:14:34,313 I don't know. 320 00:14:34,356 --> 00:14:36,837 He is my father. 321 00:14:36,881 --> 00:14:40,754 And it's not like I don't have any good memories. 322 00:14:42,538 --> 00:14:44,845 But in a lot of ways, he was a really bad guy. 323 00:14:44,889 --> 00:14:47,674 I'm just telling you, it could be tomorrow, 324 00:14:47,717 --> 00:14:49,415 could be years from now. 325 00:14:49,458 --> 00:14:51,417 You'll be walking down the street, 326 00:14:51,460 --> 00:14:54,376 and suddenly, it hits you. 327 00:14:55,987 --> 00:14:58,119 I just want you to know it's coming. 328 00:14:58,163 --> 00:14:59,860 Okay. 329 00:14:59,904 --> 00:15:02,471 I've been warned. 330 00:15:07,128 --> 00:15:09,348 GODFORD: And when did 331 00:15:09,391 --> 00:15:12,351 the two of you become aware that Madeline McBride 332 00:15:12,394 --> 00:15:14,179 was implicating your husband 333 00:15:14,222 --> 00:15:17,704 in the death of your child on national television? 334 00:15:17,747 --> 00:15:20,794 Were you regular viewers of her program? 335 00:15:20,837 --> 00:15:23,884 No, I had never seen it before, I'd-I'd never heard of her. 336 00:15:23,928 --> 00:15:28,019 Um, I'm guessing the first time she mentioned it, 337 00:15:28,062 --> 00:15:31,022 it was a Friday night, because I remember 338 00:15:31,065 --> 00:15:34,939 it was a Saturday morning when we first got the tweets. 339 00:15:34,982 --> 00:15:37,332 Um, my husband 340 00:15:37,376 --> 00:15:39,378 had his own Twitter account for, 341 00:15:39,421 --> 00:15:41,380 uh, for his work. 342 00:15:41,423 --> 00:15:45,210 And he woke me up to show me the... 343 00:15:45,253 --> 00:15:46,646 ugliest messages. 344 00:15:46,689 --> 00:15:49,823 Um, and as I said, it was a Saturday morning, 345 00:15:49,866 --> 00:15:51,607 which are always the hardest, 346 00:15:51,651 --> 00:15:54,001 because Saturdays were Kaylee's days. 347 00:15:54,045 --> 00:15:58,266 It was soccer and sleepovers, and then... 348 00:15:58,310 --> 00:16:01,052 there were just these long days 349 00:16:01,095 --> 00:16:04,272 that we had to fill by ourselves. 350 00:16:04,316 --> 00:16:08,146 GODFORD: And how did your life change 351 00:16:08,189 --> 00:16:10,975 as Madeline McBride began 352 00:16:11,018 --> 00:16:14,369 her nightly campaign against your husband? 353 00:16:14,413 --> 00:16:16,981 After she insinuated on national television 354 00:16:17,024 --> 00:16:21,855 that Kaylee's stepfather was a pedophile and a killer? 355 00:16:21,898 --> 00:16:25,032 [voice breaking]: My husband was vilified. 356 00:16:26,468 --> 00:16:28,818 At the grocery store, 357 00:16:28,862 --> 00:16:31,604 at his office, everywhere he went. 358 00:16:31,647 --> 00:16:33,519 They would call him names, 359 00:16:33,562 --> 00:16:35,651 tell him to stop hiding. 360 00:16:35,695 --> 00:16:37,218 And... 361 00:16:37,262 --> 00:16:39,177 did you and Mr. Brennan ever feel 362 00:16:39,220 --> 00:16:42,658 that you were in any real danger because of Ms. McBride? 363 00:16:42,702 --> 00:16:44,747 We did, and we were. 364 00:16:45,531 --> 00:16:47,968 In fact, the night before Jeremy took his own life, 365 00:16:48,012 --> 00:16:50,449 someone threw a brick through our front window. 366 00:16:50,492 --> 00:16:53,060 Your Honor, we would like to introduce 367 00:16:53,104 --> 00:16:55,976 into evidence the aforementioned brick 368 00:16:56,020 --> 00:16:58,544 that came through the Brennans' window. 369 00:16:58,587 --> 00:17:00,067 Objection, Your Honor. 370 00:17:00,111 --> 00:17:03,201 A brick thrown by an unknown perpetrator is not relevant 371 00:17:03,244 --> 00:17:05,420 to statements made by Ms. McBride, 372 00:17:05,464 --> 00:17:08,989 and any attempt to connect the two is speculative at best. 373 00:17:09,033 --> 00:17:11,122 Actually, the two are very much connected, 374 00:17:11,165 --> 00:17:13,080 very much related, Your Honor. 375 00:17:13,950 --> 00:17:16,040 Sorry, Counselor. 376 00:17:16,083 --> 00:17:18,390 I think we need to see where this goes. 377 00:17:19,347 --> 00:17:21,132 Overruled. 378 00:17:21,958 --> 00:17:24,700 GODFORD: The brick that you're holding-- 379 00:17:24,744 --> 00:17:26,789 there's some writing on it? 380 00:17:27,573 --> 00:17:31,229 Would you please read what it says? 381 00:17:32,056 --> 00:17:34,275 It says, "Stop Hiding Jeremy." 382 00:17:34,319 --> 00:17:36,756 GODFORD:And are you familiar with that expression? 383 00:17:36,799 --> 00:17:38,932 TRACY: I certainly am. 384 00:17:38,975 --> 00:17:41,543 "StopHidingJeremy" was the hashtag 385 00:17:41,587 --> 00:17:46,113 McBride told her audience to tweet to Jeremy every night. 386 00:17:49,986 --> 00:17:51,423 BULL: You okay? 387 00:17:51,466 --> 00:17:52,728 What do you mean? 388 00:17:52,772 --> 00:17:54,774 Well, that had to be hard to listen to in there. 389 00:17:54,817 --> 00:17:57,255 Oh. Well, I'm fine. 390 00:17:57,298 --> 00:18:00,954 I know, and I think the jury sees, 391 00:18:00,997 --> 00:18:03,174 that this is very difficult for her. 392 00:18:03,217 --> 00:18:05,785 She invited him into her house. 393 00:18:05,828 --> 00:18:07,439 She invited him into her life. 394 00:18:07,482 --> 00:18:10,311 And now her daughter is dead, so she's lashing out at me. 395 00:18:10,355 --> 00:18:13,445 It's-it's kind of classic textbook. 396 00:18:13,488 --> 00:18:14,794 Don't you think? 397 00:18:14,837 --> 00:18:17,231 Oh. Do you disagree? 398 00:18:17,275 --> 00:18:20,147 Well, for what it's worth, that's not what I heard. 399 00:18:20,191 --> 00:18:23,194 I heard her communicate-- 400 00:18:23,237 --> 00:18:25,805 and rather effectively, I might add-- 401 00:18:25,848 --> 00:18:28,199 the impact your show had on her life. 402 00:18:28,242 --> 00:18:31,158 And, by extension, her late husband's life. 403 00:18:31,202 --> 00:18:34,335 That is what they heard. 404 00:18:34,379 --> 00:18:37,164 Let's not confuse things, Madeline. 405 00:18:37,208 --> 00:18:41,125 Jury's not here to litigate her late husband's guilt. 406 00:18:41,168 --> 00:18:42,735 They're here to litigate yours. 407 00:18:42,778 --> 00:18:45,781 I'm guilty of nothing. 408 00:18:45,825 --> 00:18:47,261 I've killed no one. 409 00:18:47,305 --> 00:18:49,698 All I've done is exercise my First Amendment rights, 410 00:18:49,742 --> 00:18:53,180 and, um, last time I checked, that's not a crime. 411 00:18:53,224 --> 00:18:56,966 So, don't youconfuse things. 412 00:18:57,010 --> 00:19:00,056 And don't forget who you're here to defend. 413 00:19:02,058 --> 00:19:02,233 [sighs] 414 00:19:07,803 --> 00:19:10,458 Dr. Soto, will you please tell the court 415 00:19:10,502 --> 00:19:12,330 what it is you do? 416 00:19:12,373 --> 00:19:14,027 I'm a licensed psychiatrist 417 00:19:14,070 --> 00:19:15,289 in the state of New York 418 00:19:15,333 --> 00:19:17,161 in private practice in Westchester County, 419 00:19:17,204 --> 00:19:19,946 and until his death, I saw Jeremy Brennan once a week 420 00:19:19,989 --> 00:19:22,557 for the past... just about four years. 421 00:19:22,601 --> 00:19:24,907 And can you give the court some idea 422 00:19:24,951 --> 00:19:27,345 why you were seeing the late Mr. Brennan 423 00:19:27,388 --> 00:19:28,781 these past four years? 424 00:19:28,824 --> 00:19:30,957 SOTO:Well, without going into too much detail, 425 00:19:31,000 --> 00:19:34,221 what brought Mr. Brennan into my office was his struggle 426 00:19:34,265 --> 00:19:36,528 with issues involving generalized anxiety. 427 00:19:36,571 --> 00:19:39,879 The stresses involved with running your own business. 428 00:19:39,922 --> 00:19:41,141 Pretty run-of-the-mill stuff. 429 00:19:41,185 --> 00:19:44,579 And can you talk about the impact 430 00:19:44,623 --> 00:19:46,538 Kaylee's death had on him? 431 00:19:46,581 --> 00:19:50,237 He was, uh, shattered. 432 00:19:50,281 --> 00:19:52,196 Destroyed. 433 00:19:52,239 --> 00:19:55,634 Uh, wanted to be this strong anchor for his wife, 434 00:19:55,677 --> 00:19:57,288 who obviously was devastated, 435 00:19:57,331 --> 00:19:59,594 and felt ashamed that he couldn't do it. 436 00:19:59,638 --> 00:20:01,205 Couldn't function. 437 00:20:01,248 --> 00:20:04,817 And then there was the whole issue of responsibility. 438 00:20:04,860 --> 00:20:07,298 Tracy was at work, he was at home. 439 00:20:07,341 --> 00:20:10,388 The way he explained it to me was, he could have 440 00:20:10,431 --> 00:20:12,346 just as easily been there, been at the house, 441 00:20:12,390 --> 00:20:13,913 maybe stopped it from happening. 442 00:20:13,956 --> 00:20:15,915 But he was riding his bike. 443 00:20:15,958 --> 00:20:19,266 At one of our last sessions, he told me 444 00:20:19,310 --> 00:20:21,050 it was an incredibly beautiful ride. 445 00:20:21,094 --> 00:20:24,750 And at the time, it gave him enormous pleasure. 446 00:20:24,793 --> 00:20:26,317 And he really had trouble understanding 447 00:20:26,360 --> 00:20:29,276 how he could experience so much pleasure 448 00:20:29,320 --> 00:20:33,628 when someone he loved so deeply was experiencing so much horror. 449 00:20:33,672 --> 00:20:35,717 Your Honor, we mean no disrespect, 450 00:20:35,761 --> 00:20:37,328 but it's hard to see the relevance 451 00:20:37,371 --> 00:20:38,894 of any of this testimony, 452 00:20:38,938 --> 00:20:41,245 what bearing it has on the case at hand. 453 00:20:41,288 --> 00:20:42,681 GODFORD:Your Honor, we believe it's essential 454 00:20:42,724 --> 00:20:43,943 for the jury to understand 455 00:20:43,986 --> 00:20:45,727 Mr. Brennan's state of mind 456 00:20:45,771 --> 00:20:47,773 before Ms. McBride turned him 457 00:20:47,816 --> 00:20:50,210 into the focus of her broadcasts, 458 00:20:50,254 --> 00:20:54,170 so they may better understand the impact she had on him. 459 00:20:54,214 --> 00:20:56,172 I agree, 460 00:20:56,216 --> 00:20:58,610 but I feel confident that you've done that. 461 00:20:58,653 --> 00:21:00,873 If we could please 462 00:21:00,916 --> 00:21:02,918 move it along.GODFORD: Beg the court's pardon. 463 00:21:02,962 --> 00:21:05,617 If I could just ask one last question... 464 00:21:05,660 --> 00:21:07,314 Your Honor......about the days before 465 00:21:07,358 --> 00:21:11,405 Ms. McBride made him the centerpiece of her broadcasts? 466 00:21:11,449 --> 00:21:13,494 One. 467 00:21:13,538 --> 00:21:15,104 But keep it brief. 468 00:21:15,148 --> 00:21:17,193 GODFORD: During that period, 469 00:21:17,237 --> 00:21:20,240 immediately after Kaylee's death 470 00:21:20,284 --> 00:21:23,374 but before Ms. McBride made him topic number one 471 00:21:23,417 --> 00:21:28,335 on her television show, did he seem at all to you suicidal? 472 00:21:28,379 --> 00:21:29,989 As his doctor, 473 00:21:30,032 --> 00:21:33,209 were you ever really concerned about his safety? 474 00:21:33,253 --> 00:21:34,254 No. 475 00:21:34,298 --> 00:21:36,996 He was depressed. He was angry. 476 00:21:37,039 --> 00:21:39,041 He couldn't sleep or eat. 477 00:21:39,085 --> 00:21:40,739 But he was also very clear 478 00:21:40,782 --> 00:21:42,697 that he had to be there for his wife. 479 00:21:42,741 --> 00:21:44,786 GODFORD: I see. And after 480 00:21:44,830 --> 00:21:47,485 he was implicated by Ms. McBride? 481 00:21:47,528 --> 00:21:48,921 That was the first time I saw 482 00:21:48,964 --> 00:21:51,532 anything even resembling suicidal ideation. 483 00:21:51,576 --> 00:21:54,709 She was on television every night 484 00:21:54,753 --> 00:21:56,450 implying awful things. 485 00:21:56,494 --> 00:21:58,539 The unrelenting tweets. 486 00:21:58,583 --> 00:22:00,846 The phone calls in the middle of the night. 487 00:22:00,889 --> 00:22:02,630 The brick through the window. 488 00:22:02,674 --> 00:22:06,460 This rally she wanted to have across from his house. 489 00:22:06,504 --> 00:22:09,245 I wish I hadn't been so timid about it. 490 00:22:09,289 --> 00:22:11,639 I wish I really had pushed 491 00:22:11,683 --> 00:22:14,468 to have him hospitalized. 492 00:22:14,512 --> 00:22:16,905 Nothing further, Your Honor. 493 00:22:16,949 --> 00:22:19,125 [clears throat] 494 00:22:21,083 --> 00:22:24,217 BENNY: Hello, Dr. Soto. 495 00:22:24,260 --> 00:22:26,262 So... 496 00:22:26,306 --> 00:22:30,005 Are you familiar with the concept of correlation 497 00:22:30,049 --> 00:22:32,834 and how it's often confused with causation? 498 00:22:32,878 --> 00:22:34,836 I'm familiar with it, yes. 499 00:22:34,880 --> 00:22:36,272 BENNY: That even if there is 500 00:22:36,316 --> 00:22:39,188 a correlation between Ms. McBride's actions 501 00:22:39,232 --> 00:22:42,191 and Jeremy Brennan's depression and mental distress, 502 00:22:42,235 --> 00:22:44,933 well, that doesn't prove causation. 503 00:22:44,977 --> 00:22:48,415 No one knows for sure why Jeremy Brennan 504 00:22:48,459 --> 00:22:50,461 did what he did. 505 00:22:51,331 --> 00:22:55,291 You don't know why Mr. Brennan did what he did, do you? 506 00:22:58,904 --> 00:23:00,340 The witness will answer 507 00:23:00,384 --> 00:23:02,124 the question, please.BENNY: Oh, that's okay, 508 00:23:02,168 --> 00:23:04,126 Your Honor. [chuckles] That's all right. 509 00:23:04,170 --> 00:23:06,520 I-I think the jury gets it. 510 00:23:06,564 --> 00:23:10,785 They know if the doctor, uh, was certain about any of this, 511 00:23:10,829 --> 00:23:14,310 she would have absolutely had Mr. Brennan hospitalized. 512 00:23:14,354 --> 00:23:16,356 A-And not just thought about it. 513 00:23:16,400 --> 00:23:19,533 You know, like, done it. Made it happen. 514 00:23:19,577 --> 00:23:22,797 But she wasn't certain. 515 00:23:22,841 --> 00:23:24,495 Were you? 516 00:23:25,496 --> 00:23:27,149 No. 517 00:23:27,193 --> 00:23:31,458 Okay, so, let's get back to correlation and causation. 518 00:23:31,502 --> 00:23:33,982 To the best of your knowledge, did my client 519 00:23:34,026 --> 00:23:37,595 tell Jeremy Brennan to get on social media? 520 00:23:37,638 --> 00:23:39,597 No, not that I'm aware of. 521 00:23:39,640 --> 00:23:41,294 And, for that matter, did my client 522 00:23:41,337 --> 00:23:45,037 ever force Jeremy Brennan to watch her TV show? 523 00:23:45,080 --> 00:23:48,344 No, I-I can't imagine she did. 524 00:23:48,388 --> 00:23:50,869 I can't imagine that, either. 525 00:23:50,912 --> 00:23:52,740 Thank you. 526 00:23:52,784 --> 00:23:54,394 No further questions, Your Honor. 527 00:23:54,438 --> 00:23:56,614 I need you to answer the door, Marissa. 528 00:23:56,657 --> 00:23:58,485 What? Answer the door? What are you talking about? 529 00:23:58,529 --> 00:23:59,834 What door? 530 00:23:59,878 --> 00:24:02,054 Answer the door, Marissa. 531 00:24:03,534 --> 00:24:05,013 Doubt has arrived. 532 00:24:10,671 --> 00:24:13,544 Morning. Um, any way we could have a chat? 533 00:24:13,587 --> 00:24:15,023 Sure. 534 00:24:15,067 --> 00:24:17,025 What's up? 535 00:24:17,069 --> 00:24:19,680 Um, I need a favor. 536 00:24:19,724 --> 00:24:22,509 My father passed away earlier this week. 537 00:24:22,553 --> 00:24:25,164 Oh, God, I... Danny, I'm so sorry. 538 00:24:25,207 --> 00:24:27,079 Were you close? 539 00:24:27,122 --> 00:24:29,298 I barely knew him. 540 00:24:30,604 --> 00:24:34,347 Well, that's not true. I knew him. 541 00:24:35,566 --> 00:24:37,350 And I loved him. 542 00:24:37,393 --> 00:24:39,657 But he left us-- uh, my mom and me-- 543 00:24:39,700 --> 00:24:41,572 right before I went into the police academy. 544 00:24:41,615 --> 00:24:45,227 No goodbye. Nothing. Just, uh, came home from school one day, 545 00:24:45,271 --> 00:24:47,752 and he was... he was gone. 546 00:24:47,795 --> 00:24:50,145 Took off with some woman. 547 00:24:51,495 --> 00:24:54,280 I haven't spoken to him in 15 years. 548 00:24:54,323 --> 00:24:56,325 So the point is, um, 549 00:24:56,369 --> 00:24:59,285 I, uh, I hired a-a company 550 00:24:59,328 --> 00:25:01,766 to go into his apartment and box up all his things. 551 00:25:01,809 --> 00:25:04,203 Get them out of there so the, uh, the landlord 552 00:25:04,246 --> 00:25:05,770 can get the place ready for a new tenant. 553 00:25:05,813 --> 00:25:07,380 Anyway, 554 00:25:07,423 --> 00:25:09,251 um, they just called, 555 00:25:09,295 --> 00:25:13,299 and apparently, it's about 20-some boxes. 556 00:25:13,342 --> 00:25:15,867 And I just don't have enough room 557 00:25:15,910 --> 00:25:18,870 for all that stuff in my tiny apartment, so... 558 00:25:18,913 --> 00:25:21,742 Is there any way that I could store them here, 559 00:25:21,786 --> 00:25:23,657 out of the way? 560 00:25:23,701 --> 00:25:25,659 [knock on door] 561 00:25:25,703 --> 00:25:28,444 MAN: Judge is on his way out.We're coming. 562 00:25:28,488 --> 00:25:31,056 After the other side questions me, 563 00:25:31,099 --> 00:25:33,754 you get to question me, too, right? 564 00:25:33,798 --> 00:25:35,451 Yes. That's how it works. 565 00:25:35,495 --> 00:25:36,975 Okay. For your last question, 566 00:25:37,018 --> 00:25:40,021 just make sure you ask me how I got into all of this. 567 00:25:40,065 --> 00:25:42,894 What makes me care so deeply for victims of crime. 568 00:25:42,937 --> 00:25:47,420 What makes me care so deeply for people like Kaylee. 569 00:25:47,463 --> 00:25:49,509 Hmm? 570 00:25:50,771 --> 00:25:52,251 [door opens] 571 00:25:52,294 --> 00:25:54,732 McBRIDE: No evidence of forced entry. 572 00:25:54,775 --> 00:25:57,604 No real alibi for the time period 573 00:25:57,648 --> 00:26:00,564 during which Kaylee was sexually assaulted and murdered. 574 00:26:00,607 --> 00:26:03,523 I mean, he claimed he went on a bike ride, 575 00:26:03,567 --> 00:26:05,438 but no one actually saw him. 576 00:26:05,481 --> 00:26:07,440 [chuckles]: So, he just seemed 577 00:26:07,483 --> 00:26:10,356 like someone that you would want to get answers from. 578 00:26:10,399 --> 00:26:14,055 You know what they say about walking like a duck. 579 00:26:14,099 --> 00:26:16,275 SULLIVAN: Any more questions 580 00:26:16,318 --> 00:26:17,450 for this witness, Counselor? 581 00:26:17,493 --> 00:26:20,279 Yes, Your Honor. Just one more. 582 00:26:21,062 --> 00:26:22,890 So, 583 00:26:22,934 --> 00:26:24,979 Ms. McBride, 584 00:26:25,023 --> 00:26:26,807 we've all 585 00:26:26,851 --> 00:26:28,417 seen you on television. 586 00:26:28,461 --> 00:26:31,203 We've all seen you in action. 587 00:26:31,246 --> 00:26:34,772 So, how did you come to this? 588 00:26:34,815 --> 00:26:38,819 How did you come to be a champion of justice? 589 00:26:38,863 --> 00:26:42,562 A champion of victims like Kaylee? 590 00:26:45,652 --> 00:26:48,612 Like a lot of things in life... 591 00:26:50,091 --> 00:26:52,441 ...you never see it coming. 592 00:26:54,008 --> 00:26:55,270 20 years ago, 593 00:26:55,314 --> 00:26:57,925 I was married. 594 00:26:57,969 --> 00:27:00,449 I was living in Indiana. 595 00:27:00,493 --> 00:27:02,234 It was, like... 596 00:27:02,277 --> 00:27:06,455 nine or ten weeks after 9/11. 597 00:27:06,499 --> 00:27:09,154 It was Black Friday. 598 00:27:09,197 --> 00:27:11,678 I was doing my patriotic duty 599 00:27:11,722 --> 00:27:14,246 by getting some early Christmas shopping done. 600 00:27:14,289 --> 00:27:16,814 And my three-year-old, 601 00:27:16,857 --> 00:27:19,555 David... 602 00:27:20,556 --> 00:27:23,342 He was at that in-between age. 603 00:27:23,385 --> 00:27:26,606 You know, they want to be carried, 604 00:27:26,650 --> 00:27:29,478 and, oh, no, they want to walk on their own 605 00:27:29,522 --> 00:27:30,828 or they want to hold your hand. 606 00:27:30,871 --> 00:27:33,613 It's like, no, no, they want to be free. 607 00:27:35,136 --> 00:27:37,922 Anyway, my husband at the time 608 00:27:37,965 --> 00:27:40,533 was in some other part of the mall. 609 00:27:40,576 --> 00:27:44,798 And I saw out of the corner of my eye 610 00:27:44,842 --> 00:27:47,627 this robot pet 611 00:27:47,671 --> 00:27:50,891 that was so popular that year. 612 00:27:50,935 --> 00:27:54,199 I mean, it was sold out everywhere. 613 00:27:54,242 --> 00:27:57,376 [chuckles softly] And then there it was. 614 00:27:57,419 --> 00:28:02,033 Magically, right in front of me. 615 00:28:02,076 --> 00:28:04,992 So, I grabbed David's hand, 616 00:28:05,036 --> 00:28:07,995 and we walked over to where they were. 617 00:28:09,693 --> 00:28:13,435 I remember that the aisle 618 00:28:13,479 --> 00:28:17,962 was so very crowded. 619 00:28:18,005 --> 00:28:21,269 People and shopping carts 620 00:28:21,313 --> 00:28:24,011 and winter clothes. 621 00:28:24,055 --> 00:28:25,404 [sniffles] 622 00:28:25,447 --> 00:28:28,407 [crying]: It seems so stupid now. 623 00:28:30,801 --> 00:28:32,324 Anyway... 624 00:28:34,369 --> 00:28:36,023 I grabbed the toy, 625 00:28:36,067 --> 00:28:38,373 and then I realized that I... 626 00:28:38,417 --> 00:28:40,898 I didn't want David to see it. 627 00:28:40,941 --> 00:28:42,900 I didn't want him to know 628 00:28:42,943 --> 00:28:47,339 that Mommy was getting him the toy and not Santa. 629 00:28:47,382 --> 00:28:50,995 So I switched hands for a second. 630 00:28:51,038 --> 00:28:52,997 And... 631 00:28:53,040 --> 00:28:55,303 And then I looked down. 632 00:29:00,831 --> 00:29:03,007 He wasn't there. 633 00:29:04,138 --> 00:29:07,098 You can figure out the rest. 634 00:29:07,141 --> 00:29:09,448 It was, like, me, my husband, 635 00:29:09,491 --> 00:29:13,800 the police-- we were all over that mall 636 00:29:13,844 --> 00:29:16,455 until they locked the doors 637 00:29:16,498 --> 00:29:19,458 and made us leave. 638 00:29:22,548 --> 00:29:25,507 [crying]: He was just... 639 00:29:26,987 --> 00:29:29,511 ...gone. 640 00:29:30,338 --> 00:29:32,558 BENNY: I'm so sorry. 641 00:29:33,341 --> 00:29:35,822 I was desperate, 642 00:29:35,866 --> 00:29:37,911 so... 643 00:29:37,955 --> 00:29:39,826 I went to the media. 644 00:29:39,870 --> 00:29:42,176 I didn't even know what the media was. 645 00:29:42,220 --> 00:29:44,439 But... 646 00:29:44,483 --> 00:29:48,052 I wanted David's picture 647 00:29:48,095 --> 00:29:51,707 and his name everywhere. 648 00:29:51,751 --> 00:29:56,495 You know, just in case somebody saw him. 649 00:29:57,278 --> 00:30:01,239 And I-I wouldn't let up. 650 00:30:01,282 --> 00:30:04,155 Not even after my husband 651 00:30:04,198 --> 00:30:06,722 stopped speaking to me. 652 00:30:08,507 --> 00:30:11,162 Not even after he left me. 653 00:30:11,205 --> 00:30:12,990 But... 654 00:30:14,208 --> 00:30:15,470 [whimpers, sniffles] 655 00:30:15,514 --> 00:30:19,474 I just couldn't stop. 656 00:30:23,391 --> 00:30:25,611 My son's... 657 00:30:25,654 --> 00:30:30,007 body washed up on the shore of the Patoka Lake 658 00:30:30,050 --> 00:30:32,139 a few weeks later. 659 00:30:32,183 --> 00:30:34,272 And... 660 00:30:34,315 --> 00:30:37,971 I guess everyone figured 661 00:30:38,015 --> 00:30:40,060 that was that. 662 00:30:43,063 --> 00:30:45,805 But not for me. 663 00:30:45,849 --> 00:30:49,722 I went everywhere there was a microphone. 664 00:30:49,765 --> 00:30:52,377 Uh, radio stations. 665 00:30:52,420 --> 00:30:53,726 Colleges. 666 00:30:53,769 --> 00:30:57,773 I just... I kept pushing 667 00:30:57,817 --> 00:31:01,560 because I wanted the scalp 668 00:31:01,603 --> 00:31:05,303 of the man who kidnapped 669 00:31:05,346 --> 00:31:08,436 my son and murdered him. 670 00:31:10,264 --> 00:31:12,049 And then, finally... 671 00:31:14,616 --> 00:31:16,880 I got it. 672 00:31:21,101 --> 00:31:22,929 The police found him. 673 00:31:22,973 --> 00:31:25,714 'Cause, you know, they never dared stop looking 674 00:31:25,758 --> 00:31:29,457 'cause I was screaming from the rooftops. 675 00:31:32,286 --> 00:31:35,028 I got justice. 676 00:31:39,337 --> 00:31:41,817 I speak for the dead. 677 00:31:43,558 --> 00:31:46,692 Like my son. 678 00:31:51,566 --> 00:31:53,960 And like Kaylee. 679 00:31:57,355 --> 00:31:58,965 Told you I knew what I was doing. 680 00:31:59,009 --> 00:32:01,011 That was quite a piece of testimony. 681 00:32:01,054 --> 00:32:02,795 Any of it true? 682 00:32:03,752 --> 00:32:05,972 Yeah, step on in. Close the door? 683 00:32:09,019 --> 00:32:13,284 I'm here to inform you that WNN is withdrawing from the case. 684 00:32:13,327 --> 00:32:14,894 Excuse me? 685 00:32:14,938 --> 00:32:16,765 Also that our lawyers are on the phone with your lawyers 686 00:32:16,809 --> 00:32:17,897 negotiating the dissolution 687 00:32:17,941 --> 00:32:19,246 of your contract with our network. 688 00:32:19,290 --> 00:32:21,640 As of now, you are off the air, Madeline. 689 00:32:21,683 --> 00:32:23,859 What's going on? 690 00:32:23,903 --> 00:32:25,557 The man who killed Kaylee? 691 00:32:25,600 --> 00:32:27,080 They caught him about an hour ago. 692 00:32:27,124 --> 00:32:28,560 Confessed to everything. 693 00:32:28,603 --> 00:32:29,865 What are you talking about? 694 00:32:29,909 --> 00:32:31,824 The man who killed Kaylee was her stepfather. 695 00:32:31,867 --> 00:32:33,478 No, he wasn't. 696 00:32:33,521 --> 00:32:36,263 Look, the word is starting to get out, and people are starting 697 00:32:36,307 --> 00:32:37,612 to gather in front of the courthouse. 698 00:32:37,656 --> 00:32:38,962 They're looking for you. 699 00:32:39,005 --> 00:32:40,093 So I'd arrange for some extra security 700 00:32:40,137 --> 00:32:43,009 to get her out of here? Yeah? 701 00:32:51,278 --> 00:32:52,932 DANNY: The killer was a man named Wayne Dixon. 702 00:32:52,976 --> 00:32:54,238 He was working a construction job 703 00:32:54,281 --> 00:32:56,240 down the street from the Brennan home. 704 00:32:56,283 --> 00:32:59,983 Dixon had apparently targeted Kaylee a few weeks earlier. 705 00:33:00,026 --> 00:33:01,288 He was watching the house 706 00:33:01,332 --> 00:33:03,073 and saw Jeremy ride away on his bike. 707 00:33:03,116 --> 00:33:04,813 Dixon claims he approached the house, 708 00:33:04,857 --> 00:33:06,641 said he was a friend of Kaylee's dad, 709 00:33:06,685 --> 00:33:08,817 and she let him in, 710 00:33:08,861 --> 00:33:11,646 which is why there is no evidence of forced entry. 711 00:33:11,690 --> 00:33:14,040 Is there anything in there 712 00:33:14,084 --> 00:33:15,824 about how the police knew 713 00:33:15,868 --> 00:33:17,304 to question Dixon in the first place? 714 00:33:17,348 --> 00:33:19,176 How did he come to their attention? 715 00:33:19,219 --> 00:33:21,830 Well, according to this, they got a tip. 716 00:33:21,874 --> 00:33:24,442 Dixon's girlfriend. Why? 717 00:33:24,485 --> 00:33:26,531 We're in court at 11:00. 718 00:33:26,574 --> 00:33:29,186 See if you can find the girlfriend. 719 00:33:29,229 --> 00:33:31,536 See if you can get her on the phone with me. 720 00:33:31,579 --> 00:33:34,191 Ms. James, stacked all the boxes downstairs 721 00:33:34,234 --> 00:33:35,540 in that courtroom like you told me. 722 00:33:35,583 --> 00:33:37,411 [exhales] Thanks so much for all your help. 723 00:33:37,455 --> 00:33:39,457 And I almost forgot. The person who helped pack up 724 00:33:39,500 --> 00:33:42,242 your dad's things wanted me to give you this. 725 00:33:42,286 --> 00:33:43,417 Thanks. 726 00:33:43,461 --> 00:33:45,506 Have a great day. 727 00:33:46,420 --> 00:33:48,814 BENNY: Good morning, Ms. Cowley. 728 00:33:48,857 --> 00:33:52,948 Now, could you please tell the court what it was 729 00:33:52,992 --> 00:33:54,211 that prompted you to call the police 730 00:33:54,254 --> 00:33:55,908 on your boyfriend Wayne Dixon? 731 00:33:55,951 --> 00:33:57,431 Uh, yeah, I-I don't know. 732 00:33:57,475 --> 00:34:01,218 Um, Wayne was working construction in Westchester, 733 00:34:01,261 --> 00:34:04,047 and, uh, since he started, 734 00:34:04,090 --> 00:34:06,875 he just seemed different, distant, 735 00:34:06,919 --> 00:34:08,747 you know, like he was preoccupied 736 00:34:08,790 --> 00:34:11,010 with something or-or someone. 737 00:34:11,054 --> 00:34:13,447 And then, a few nights later, 738 00:34:13,491 --> 00:34:17,234 I found him out back, burning his clothes. 739 00:34:17,277 --> 00:34:20,498 I mean, why would you burn your clothes? 740 00:34:20,541 --> 00:34:24,284 He said he got some type of toxic chemical on them at work. 741 00:34:24,328 --> 00:34:28,114 But he does framing and drywall. I-I don't know. 742 00:34:28,158 --> 00:34:30,377 It just... it didn't seem right to me. 743 00:34:30,421 --> 00:34:32,727 Now, is that when you phoned the police? 744 00:34:32,771 --> 00:34:36,122 Uh, no, no, not yet. 745 00:34:36,166 --> 00:34:41,214 Um, what really got me thinking was, all of a sudden, 746 00:34:41,258 --> 00:34:43,782 he wanted to start watching Madeline McBride's show 747 00:34:43,825 --> 00:34:45,088 with me all of a sudden. 748 00:34:45,131 --> 00:34:47,612 Like, he never wanted to watch that show before. 749 00:34:47,655 --> 00:34:50,745 He did not like her. 750 00:34:50,789 --> 00:34:52,225 No offense. 751 00:34:52,269 --> 00:34:54,967 I'm sorry. I-I love you, and I love your show so much. 752 00:34:55,010 --> 00:34:56,664 BULL: Go, 753 00:34:56,708 --> 00:34:58,144 Quasimodo.Um... 754 00:34:58,188 --> 00:35:01,016 So, anyway, he started watching it with me. 755 00:35:01,060 --> 00:35:03,410 And whenever she'd bring up the case, 756 00:35:03,454 --> 00:35:07,022 he'd always say how he was working in that neighborhood 757 00:35:07,066 --> 00:35:10,722 and he knew the house that she was talking about, and... 758 00:35:10,765 --> 00:35:13,333 BENNY:And did you know your boyfriend was interested 759 00:35:13,377 --> 00:35:15,640 in prepubescent girls? 760 00:35:15,683 --> 00:35:18,208 [voice breaking]: I don't know. 761 00:35:19,557 --> 00:35:21,820 We never talked about it. 762 00:35:24,170 --> 00:35:29,175 But... whenever we were at the beach or at the park... 763 00:35:29,219 --> 00:35:31,046 [sniffles] 764 00:35:31,090 --> 00:35:33,571 ...I thought I always saw him looking. 765 00:35:35,573 --> 00:35:38,750 Then I thought maybe it was just in my mind. 766 00:35:39,881 --> 00:35:42,145 And what did you tell the police when you called them? 767 00:35:42,188 --> 00:35:43,972 I knew from her show 768 00:35:44,016 --> 00:35:47,498 that Kaylee had DNA on her that hadn't been identified. 769 00:35:47,541 --> 00:35:51,284 So, I called them, and I offered Wayne's hairbrush. 770 00:35:51,328 --> 00:35:53,808 And how did you know to do that? 771 00:35:53,852 --> 00:35:55,288 From her show. 772 00:35:55,332 --> 00:35:58,204 She talked about how DNA from a hairbrush caught a killer 773 00:35:58,248 --> 00:36:01,120 she was profiling a couple years back. 774 00:36:01,947 --> 00:36:06,299 Well, it's lucky you watched her show. 775 00:36:06,343 --> 00:36:07,866 Did you know that tips 776 00:36:07,909 --> 00:36:10,999 from Ms. McBride's viewers have helped 777 00:36:11,043 --> 00:36:13,741 in solving over one hundred cases 778 00:36:13,785 --> 00:36:16,135 since the show first aired? 779 00:36:16,179 --> 00:36:18,224 No. 780 00:36:18,268 --> 00:36:20,400 I just think she's really smart 781 00:36:20,444 --> 00:36:22,620 and cool. 782 00:36:22,663 --> 00:36:26,058 Just really good at her job. 783 00:36:26,885 --> 00:36:27,712 [quietly]: Sanctuary. 784 00:36:29,757 --> 00:36:32,020 [sighs] 785 00:36:44,555 --> 00:36:49,647 "Dear Danny James, you don't know me, but my name is Devon. 786 00:36:49,690 --> 00:36:52,998 "Some years ago, I got to know your father. 787 00:36:53,041 --> 00:36:56,001 "We met and fell in love in New York, 788 00:36:56,044 --> 00:36:58,438 "and eventually, I convinced him 789 00:36:58,482 --> 00:37:02,529 "to come live with me in Louisiana where I'm from. 790 00:37:02,573 --> 00:37:07,055 "I did not know at the time about you or your mother. 791 00:37:07,099 --> 00:37:11,712 "Three months after we settled down in Louisiana, 792 00:37:11,756 --> 00:37:15,150 "your father confessed to me about the family he had left. 793 00:37:15,194 --> 00:37:18,153 "Told me that he could no longer bear the guilt 794 00:37:18,197 --> 00:37:20,895 "and needed to go back to you. 795 00:37:20,939 --> 00:37:24,421 "I did not stand in his way. 796 00:37:24,464 --> 00:37:27,119 "He told me when he got to New York, 797 00:37:27,162 --> 00:37:29,339 "your mother refused to speak to him. 798 00:37:29,382 --> 00:37:32,037 "Warned him that if he tried to make contact with you 799 00:37:32,080 --> 00:37:34,431 "that she would kill him. 800 00:37:36,433 --> 00:37:38,696 "He told me he found a small apartment 801 00:37:38,739 --> 00:37:41,046 "and got a job working teaching physical education 802 00:37:41,089 --> 00:37:42,917 "at an art school. 803 00:37:42,961 --> 00:37:46,094 "Even taught himself to sketch. 804 00:37:46,138 --> 00:37:49,533 "Over the years he tried to build up the courage 805 00:37:49,576 --> 00:37:51,578 "to reach out to you, 806 00:37:51,622 --> 00:37:54,059 "but he told me he was so filled with guilt 807 00:37:54,102 --> 00:37:56,540 "and shame for leaving you, 808 00:37:56,583 --> 00:37:58,324 "he just couldn't do it. 809 00:37:58,368 --> 00:38:03,068 "And then one day, he was looking out his window, 810 00:38:03,111 --> 00:38:04,591 "and there you were. 811 00:38:04,635 --> 00:38:06,114 "Walking by. 812 00:38:06,158 --> 00:38:07,333 "He figured you were probably making your way home 813 00:38:07,377 --> 00:38:09,161 "from the police academy. 814 00:38:09,204 --> 00:38:13,034 "He said he saw you maybe ten or 20 times from that window, 815 00:38:13,078 --> 00:38:14,819 "but then, no more. 816 00:38:16,211 --> 00:38:18,953 "I didn't hear from your father again for many years. 817 00:38:18,997 --> 00:38:22,217 "And then about three weeks ago, he called 818 00:38:22,261 --> 00:38:24,611 "to tell me he was very sick. 819 00:38:24,655 --> 00:38:27,440 "I flew to New York, but by the time 820 00:38:27,484 --> 00:38:29,486 "I got there he was already in the hospital. 821 00:38:29,529 --> 00:38:34,621 So I'm writing to let you know what he told me. 822 00:38:34,665 --> 00:38:38,277 "That he wanted you to know he was terribly sorry. 823 00:38:39,191 --> 00:38:41,149 "And he wanted you to know 824 00:38:41,193 --> 00:38:43,369 he loved you." 825 00:38:51,334 --> 00:38:53,336 [sniffles] 826 00:38:53,379 --> 00:38:57,122 BENNY: Jeremy Brennan's suicide is 827 00:38:57,165 --> 00:38:59,603 undeniably tragic. 828 00:38:59,646 --> 00:39:02,562 And no one will ever know with certainty 829 00:39:02,606 --> 00:39:05,522 why he decided to take his own life. 830 00:39:06,914 --> 00:39:09,700 But you know what we do know with certainty? 831 00:39:10,265 --> 00:39:12,964 That Kaylee's killer was caught. 832 00:39:13,007 --> 00:39:15,967 And that's, at least in part, due 833 00:39:16,010 --> 00:39:18,186 to Madeline McBride... 834 00:39:18,230 --> 00:39:21,364 for keeping Kaylee's story alive. 835 00:39:22,321 --> 00:39:25,629 But she was only able to do it 836 00:39:25,672 --> 00:39:29,502 because her freedom of speech allowed her to do it. 837 00:39:29,546 --> 00:39:32,113 See, that's the tricky thing about freedom of speech. 838 00:39:32,157 --> 00:39:33,941 It-it cuts both ways. 839 00:39:33,985 --> 00:39:36,857 See, people have the freedom 840 00:39:36,901 --> 00:39:40,165 to say whatever it is they want to say. 841 00:39:40,208 --> 00:39:43,081 And everyone else has the freedom, uh, 842 00:39:43,124 --> 00:39:45,692 not to listen, not to believe 843 00:39:45,736 --> 00:39:47,477 and to do their own research 844 00:39:47,520 --> 00:39:49,827 and come up with their own conclusions. 845 00:39:49,870 --> 00:39:52,046 I mean, that's what Carla Cowley did. 846 00:39:52,090 --> 00:39:53,483 You heard her. 847 00:39:53,526 --> 00:39:55,572 She loved that woman. 848 00:39:55,615 --> 00:39:58,052 But she did not let the fact 849 00:39:58,096 --> 00:40:00,359 that for over a month, she heard 850 00:40:00,403 --> 00:40:03,884 Madeline McBride, who thought that Jeremy Brennan 851 00:40:03,928 --> 00:40:05,320 probably committed the murder, 852 00:40:05,364 --> 00:40:07,279 stop her from picking up the phone 853 00:40:07,322 --> 00:40:09,847 and calling the police when she was convinced 854 00:40:09,890 --> 00:40:12,502 my client was mistaken. 855 00:40:12,545 --> 00:40:14,460 Look, I... 856 00:40:14,504 --> 00:40:16,201 I get it. 857 00:40:16,244 --> 00:40:18,464 Okay? I get it. She was... 858 00:40:18,508 --> 00:40:19,857 she was wrong. 859 00:40:19,900 --> 00:40:21,206 Wrong on the facts. 860 00:40:21,249 --> 00:40:22,990 Unnecessarily harsh. 861 00:40:23,034 --> 00:40:25,036 And there were times I felt that she took 862 00:40:25,079 --> 00:40:27,168 way too much pleasure 863 00:40:27,212 --> 00:40:30,476 in her ongoing campaign against Jeremy Brennan. 864 00:40:31,695 --> 00:40:33,305 But you know what? 865 00:40:33,348 --> 00:40:36,526 That is not against the law. 866 00:40:36,569 --> 00:40:39,050 And the problem is... 867 00:40:39,093 --> 00:40:41,182 if you don't stand up 868 00:40:41,226 --> 00:40:44,229 for the people you don't necessarily agree with 869 00:40:44,272 --> 00:40:46,361 when someone is trying to silence them, 870 00:40:46,405 --> 00:40:50,017 then there might not be the right to free speech left 871 00:40:50,061 --> 00:40:53,673 when they go after the people you doagree with. 872 00:40:53,717 --> 00:40:56,850 WOMAN: In the matter ofTracy Brennan v. 873 00:40:56,894 --> 00:40:58,722 Madeline McBrideand the claim 874 00:40:58,765 --> 00:41:01,376 of intentional infliction of emotional distress... 875 00:41:01,420 --> 00:41:04,336 we, the jury, find Madeline McBride 876 00:41:04,379 --> 00:41:06,120 liable.[Tracy gasping] 877 00:41:08,166 --> 00:41:10,516 And we award Tracy Brennan damages 878 00:41:10,560 --> 00:41:13,606 in the amount of two and one half million dollars. 879 00:41:15,347 --> 00:41:16,914 SULLIVAN: Ladies and gentlemen of the jury, 880 00:41:16,957 --> 00:41:18,785 thank you for your service. 881 00:41:18,829 --> 00:41:21,309 Court is adjourned. 882 00:41:24,312 --> 00:41:27,272 Ms. McBride. I'm very sorry. 883 00:41:27,315 --> 00:41:30,231 Don't be, you did your best. 884 00:41:32,973 --> 00:41:34,540 But you lost your job. 885 00:41:34,584 --> 00:41:36,455 You're about to get a boatload of bad publicity. 886 00:41:36,499 --> 00:41:39,023 And today is gonna cost you two and a half million dollars. 887 00:41:39,066 --> 00:41:41,112 Help me understand. 888 00:41:41,155 --> 00:41:43,201 You seem to have made your peace 889 00:41:43,244 --> 00:41:45,464 with this rather quickly. 890 00:41:45,508 --> 00:41:47,684 Well, two and a half million? 891 00:41:47,727 --> 00:41:51,165 That's why God created personal liability insurance. 892 00:41:51,209 --> 00:41:54,560 And the boatload of publicity? 893 00:41:54,604 --> 00:41:56,475 I love it. 894 00:41:56,519 --> 00:41:58,042 Good or bad, 895 00:41:58,085 --> 00:41:59,783 it keeps me in the zeitgeist. 896 00:41:59,826 --> 00:42:02,481 And it will come in handy 897 00:42:02,525 --> 00:42:05,223 when I sit down to cut my new deal. 898 00:42:05,266 --> 00:42:07,660 A new deal? 899 00:42:10,184 --> 00:42:12,535 See, people like me? 900 00:42:12,578 --> 00:42:14,754 People who have the courage to say 901 00:42:14,798 --> 00:42:18,149 what everyone else is thinking even if we're wrong? 902 00:42:18,192 --> 00:42:21,848 We always draw a big crowd. 903 00:42:21,892 --> 00:42:24,068 [laughs] And trust me, 904 00:42:24,111 --> 00:42:26,418 after today... 905 00:42:26,461 --> 00:42:28,899 the crowd will only be bigger, huh? 906 00:42:28,942 --> 00:42:31,423 Thank you, gentlemen. 907 00:42:31,466 --> 00:42:32,816 Don't forget to send me your bill. 66580

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