1
00:00:01,126 --> 00:00:03,003
- There they are!
- There they are.
2
00:00:03,003 --> 00:00:04,004
Mr. Sifuentes,
is it true the state
3
00:00:04,004 --> 00:00:05,380
offered manslaughter
last night?
4
00:00:05,380 --> 00:00:07,007
No, that is not true.
5
00:00:07,007 --> 00:00:07,925
There's been no new
offer by the prosecution.
6
00:00:07,925 --> 00:00:08,926
Mr. Lafferty, how'd you and your
7
00:00:08,926 --> 00:00:09,968
wife get ready to testify today?
8
00:00:09,968 --> 00:00:11,136
My client has no comment.
9
00:00:11,136 --> 00:00:12,387
I'm sorry, we have no comment.
10
00:00:12,387 --> 00:00:13,513
Any thoughts about
11
00:00:13,513 --> 00:00:14,973
accepting second degree?
12
00:00:14,973 --> 00:00:16,767
Mr. and Mrs. Lafferty
are both innocent
13
00:00:16,767 --> 00:00:18,518
of all the charges that
have been brought against them
14
00:00:18,518 --> 00:00:21,021
and we have no intention of
entering into any guilty pleas.
15
00:00:21,021 --> 00:00:22,606
Mrs. Lafferty,
How're you holding up?
16
00:00:22,606 --> 00:00:24,191
Any difference in strategies
between you and Mr. Sifuentes?
17
00:00:24,191 --> 00:00:25,359
We have nothing to say.
I'm sorry.
18
00:00:25,359 --> 00:00:27,027
Is it true they're been
offered a movie deal...
19
00:00:27,027 --> 00:00:28,612
- No comment.
- Who'll be taking stand first?
20
00:00:28,612 --> 00:00:29,821
Excuse us, please.
21
00:00:29,821 --> 00:00:30,906
[indistinct chatter]
22
00:00:30,906 --> 00:00:31,949
Please excuse us, folks.
23
00:00:31,949 --> 00:00:33,408
We have no further comments.
24
00:00:33,408 --> 00:00:34,618
Thank you.
25
00:00:34,618 --> 00:00:37,496
[indistinct chatter]
26
00:00:37,496 --> 00:00:40,207
I can't take this. This is just
the beginning, Wayne.
27
00:00:40,207 --> 00:00:41,458
How are we ever going
to get through this?
28
00:00:41,458 --> 00:00:43,585
- Because we will.
Sifuentes: Look, I'm sorry.
29
00:00:43,585 --> 00:00:45,504
But you're going
to have to get used to this.
30
00:00:45,504 --> 00:00:46,922
The press is going to
be here hounding us everyday.
31
00:00:46,922 --> 00:00:48,382
It's only going to get worse.
32
00:00:48,382 --> 00:00:49,967
Don't even listen
to their questions.
33
00:00:49,967 --> 00:00:52,052
How can we not
hear their questions?
34
00:00:52,052 --> 00:00:54,554
"Mrs. Lafferty
did you kill your baby?
35
00:00:54,554 --> 00:00:55,764
[sobbing]
36
00:00:55,764 --> 00:00:56,974
"Mrs. Lafferty,
who was the actual
37
00:00:56,974 --> 00:00:58,433
murderer, you or your husband?"
38
00:00:58,433 --> 00:01:00,227
How can I not
hear those questions?
39
00:01:00,227 --> 00:01:01,812
Look, Mrs. Lafferty, people
are going to think
40
00:01:01,812 --> 00:01:03,522
what they're going to think.
But by the end of the trial,
41
00:01:03,522 --> 00:01:05,148
we'll be okay.
42
00:01:05,148 --> 00:01:08,694
Things will never be
okay, Mr. Sifuentes.
43
00:01:08,694 --> 00:01:10,988
We hadn't buried him yet,
and they arrest us for murder.
44
00:01:10,988 --> 00:01:12,114
Come on, Wayne.
45
00:01:12,114 --> 00:01:13,448
Wayne: Our friends look at us
46
00:01:13,448 --> 00:01:14,491
like they don't know us.
47
00:01:14,491 --> 00:01:15,701
They're not sure.
48
00:01:15,701 --> 00:01:17,244
Trischuta: After the acquittal,
they will be.
49
00:01:18,620 --> 00:01:19,871
No, they won't.
50
00:01:21,498 --> 00:01:23,667
[sighs and sniffles]
51
00:01:23,667 --> 00:01:26,503
Our little boy stays
dead no matter what.
52
00:01:26,503 --> 00:01:29,006
No matter what, people
are going to think we did it.
53
00:01:31,633 --> 00:01:34,261
[dramatic music]
54
00:01:36,388 --> 00:01:39,266
[theme music]
55
00:01:55,824 --> 00:01:58,952
[music continues]
56
00:02:21,516 --> 00:02:24,227
[music continues]
57
00:03:02,724 --> 00:03:05,894
[theme music]
58
00:03:23,578 --> 00:03:26,206
[music continues]
59
00:03:44,349 --> 00:03:45,642
Brackman: Moving on,
I'm lunching with
60
00:03:45,642 --> 00:03:48,311
Richard Mermlestein,
CEO of Tappan.
61
00:03:49,604 --> 00:03:51,940
[laughing]
62
00:03:51,940 --> 00:03:54,443
Oh, sorry, Douglas.
63
00:03:54,443 --> 00:03:55,861
He's got an idea for
a new television
64
00:03:55,861 --> 00:03:58,363
interaction program.
Arnold, I'd like you to join.
65
00:03:58,363 --> 00:04:00,031
Oh, I can't.
Corinne and I are taking
66
00:04:00,031 --> 00:04:01,074
Chloe to lunch this afternoon,
67
00:04:01,074 --> 00:04:03,243
it's her seventh birthday.
68
00:04:03,243 --> 00:04:05,287
Stiff them.
This is a big paying client.
69
00:04:05,287 --> 00:04:06,830
I will not stiff them, Douglas.
70
00:04:06,830 --> 00:04:08,832
Come on, Arnold, I'm talking
about new business.
71
00:04:08,832 --> 00:04:11,835
Rent her a clown for the day
or give her a puppet show. But--
72
00:04:11,835 --> 00:04:16,214
Alright, Douglas, let's not get
into this big debate right now.
73
00:04:16,214 --> 00:04:17,591
- Move along.
Brackman: I'm sorry.
74
00:04:17,591 --> 00:04:19,176
Arnold has the expertise in
entertainment.
75
00:04:19,176 --> 00:04:20,427
He should be there.
76
00:04:20,427 --> 00:04:22,012
Then you should
have given him notice.
77
00:04:22,012 --> 00:04:23,513
Move along, Douglas.
78
00:04:23,513 --> 00:04:25,599
What, are you still
telling me to move along?
79
00:04:25,599 --> 00:04:27,434
Is the right to snap
"Move along, Douglas"
80
00:04:27,434 --> 00:04:29,519
a function of senior
partner status only
81
00:04:29,519 --> 00:04:30,812
or does everyone here
have that authority?
82
00:04:30,812 --> 00:04:33,356
Last week it was Michael.
Jonathan, Abby,
83
00:04:33,356 --> 00:04:34,608
would you like to
tell me to move along?
84
00:04:34,608 --> 00:04:36,818
- Why don't you try it?
- Move along, Douglas.
85
00:04:36,818 --> 00:04:39,446
[all chuckling]
86
00:04:41,364 --> 00:04:43,784
People versus Elizabeth
and Wayne Lafferty.
87
00:04:43,784 --> 00:04:46,369
- Victor's in court.
- Representing the baby killers.
88
00:04:46,369 --> 00:04:48,163
Kuzak: He's only
representing the mother.
89
00:04:48,163 --> 00:04:50,707
The judge wanted co counsel
because this is a murder case.
90
00:04:50,707 --> 00:04:52,834
He appointed John Trischuta
to represent the father.
91
00:04:52,834 --> 00:04:54,377
I don't know how you could
defend either one of them.
92
00:04:54,377 --> 00:04:56,296
The baby wasn't killed, Douglas.
93
00:04:56,296 --> 00:04:59,299
The baby died of
Sudden Infant Death Syndrome.
94
00:04:59,299 --> 00:05:01,134
Becker: So, the theory goes.
95
00:05:01,134 --> 00:05:03,261
Kuzak: Victor says they're
innocent and I believe him.
96
00:05:03,261 --> 00:05:05,096
All I know is it would
be nice to see this firm
97
00:05:05,096 --> 00:05:06,431
representing somebody other than
98
00:05:06,431 --> 00:05:07,849
an accused murderer
for a change.
99
00:05:07,849 --> 00:05:11,269
I have this arsonist
I'm trying to snag.
100
00:05:11,269 --> 00:05:13,396
Just kidding.
Move along, Douglas.
101
00:05:13,396 --> 00:05:15,857
Isn't it nice
to have this levity?
102
00:05:15,857 --> 00:05:16,650
We're adjourned.
103
00:05:27,911 --> 00:05:28,912
[door closes]
104
00:05:28,912 --> 00:05:29,996
Alright, Douglas.
105
00:05:29,996 --> 00:05:31,456
What's the matter?
106
00:05:31,456 --> 00:05:32,707
Nothing.
107
00:05:32,707 --> 00:05:34,334
I just don't appreciate
all the jocularity
108
00:05:34,334 --> 00:05:35,919
at a staff meeting, that's all.
109
00:05:37,337 --> 00:05:38,838
Okay.
110
00:05:38,838 --> 00:05:41,258
Brackman: Leland, wait.
111
00:05:41,258 --> 00:05:43,260
I had a date last night.
112
00:05:43,260 --> 00:05:45,303
[door closes] Yes...
113
00:05:45,303 --> 00:05:47,514
Things progressed to the point
114
00:05:47,514 --> 00:05:49,474
where there was an opportunity
115
00:05:49,474 --> 00:05:52,936
for a... culmination of sorts.
116
00:05:52,936 --> 00:05:54,479
[inhales deeply]
And I couldn't.
117
00:05:56,147 --> 00:05:57,607
I haven't been intimate...
118
00:05:57,607 --> 00:06:00,360
with a woman for
almost a year, Leland.
119
00:06:00,360 --> 00:06:04,155
Is this... is this
something medical?
120
00:06:04,155 --> 00:06:06,533
Brackman: It's Sheila.
121
00:06:06,533 --> 00:06:10,787
- I beg your pardon?
- Sex reminds me of her.
122
00:06:10,787 --> 00:06:14,499
And I think it's her
memory that incapacitates me.
123
00:06:14,499 --> 00:06:16,835
Well, that doesn't...
124
00:06:16,835 --> 00:06:19,588
that doesn't sound like it
could be right, Douglas.
125
00:06:19,588 --> 00:06:21,172
It's right.
126
00:06:21,172 --> 00:06:23,133
I just never knew her...
127
00:06:23,133 --> 00:06:25,969
vileness could have such reach.
128
00:06:27,721 --> 00:06:29,514
Listen.
129
00:06:29,514 --> 00:06:31,099
When I was with Jennifer...
130
00:06:32,267 --> 00:06:34,311
I initially suffered from, uh...
131
00:06:35,103 --> 00:06:36,938
intimidation.
132
00:06:36,938 --> 00:06:39,399
But I was referred to an
excellent therapist.
133
00:06:39,399 --> 00:06:41,985
- One of the best.
- Did it work?
134
00:06:41,985 --> 00:06:43,153
Well, I never went, actually.
135
00:06:43,153 --> 00:06:45,989
I was going to but, uh...
136
00:06:45,989 --> 00:06:47,991
Well, I suddenly came to.
137
00:06:47,991 --> 00:06:49,242
Brackman: Mm-hmm.
138
00:06:49,242 --> 00:06:50,619
But I think you
should give it a shot.
139
00:06:55,206 --> 00:06:58,793
What made you first suspect
foul play, Dr. Waibel?
140
00:06:58,793 --> 00:07:00,629
Well, I noticed when
the baby was first brought in,
141
00:07:00,629 --> 00:07:03,298
it had extensive
bruises on his chest and neck.
142
00:07:03,298 --> 00:07:04,924
Which told you what?
143
00:07:04,924 --> 00:07:08,053
It told me this baby was
subjected to physical trauma.
144
00:07:08,053 --> 00:07:09,554
It suggested child abuse.
145
00:07:09,554 --> 00:07:11,181
Cortwright:
And what else, doctor?
146
00:07:11,181 --> 00:07:13,683
That the child also had
conjunctivitis in his eyes.
147
00:07:13,683 --> 00:07:15,560
That's a tell tale
sign of suffocation.
148
00:07:15,560 --> 00:07:17,437
Cortwright:
Well, Mr. and Mrs. Lafferty
149
00:07:17,437 --> 00:07:20,273
claim that their little boy...
150
00:07:20,273 --> 00:07:21,816
just stopped breathing.
151
00:07:21,816 --> 00:07:23,610
Dr. Waibel:
Well, as the doctor who examined
152
00:07:23,610 --> 00:07:25,278
this child,
I don't believe that.
153
00:07:25,278 --> 00:07:26,613
I think this baby was killed.
154
00:07:26,613 --> 00:07:28,031
- Move to strike!
- Objection.
155
00:07:28,031 --> 00:07:28,948
No foundation, Your Honor.
156
00:07:28,948 --> 00:07:30,241
Sustained.
157
00:07:30,241 --> 00:07:31,242
The jury will disregard
158
00:07:31,242 --> 00:07:32,994
that last remark.
159
00:07:32,994 --> 00:07:33,745
Cortwright: Nothing further.
160
00:07:35,872 --> 00:07:38,875
Now, you've heard of Sudden
Infant Death Syndrome.
161
00:07:38,875 --> 00:07:40,627
- Haven't you, doctor?
Dr. Waibel: Of course.
162
00:07:40,627 --> 00:07:43,004
Of course.
For the court, what is it, sir?
163
00:07:43,004 --> 00:07:44,422
It's crib death.
164
00:07:44,422 --> 00:07:46,800
Uh, basically, it's when
a baby inexplicably
165
00:07:46,800 --> 00:07:49,010
just stops breathing
and dies in its sleep.
166
00:07:49,010 --> 00:07:51,471
In fact, more babies
have died of SIDS
167
00:07:51,471 --> 00:07:53,848
than from heart disease, cancer,
168
00:07:53,848 --> 00:07:56,643
cerebral palsy, and virtually
all other diseases combined.
169
00:07:56,643 --> 00:07:58,103
- Isn't that right, doctor?
Dr. Waibel: Yes.
170
00:07:58,103 --> 00:07:59,896
And, doctor, babies that die
171
00:07:59,896 --> 00:08:02,065
from Sudden Infant
Death Syndrome
172
00:08:02,065 --> 00:08:04,317
are sometimes
inaccurately diagnosed
173
00:08:04,317 --> 00:08:05,652
as having been
suffocated, aren't they?
174
00:08:05,652 --> 00:08:07,487
Dr. Waibel:
It happens sometimes.
175
00:08:07,487 --> 00:08:09,072
Sifuentes:
It happens so often that
176
00:08:09,072 --> 00:08:10,824
for death scene investigations
177
00:08:10,824 --> 00:08:12,701
there has been new
legislation in California
178
00:08:12,701 --> 00:08:14,703
that requires police
officers to take
179
00:08:14,703 --> 00:08:16,121
SIDS awareness training, right?
180
00:08:16,121 --> 00:08:17,706
That's correct.
181
00:08:17,706 --> 00:08:18,748
Let me show you a
statement that was
182
00:08:18,748 --> 00:08:21,292
made by State Senator
Dan Boatwright.
183
00:08:21,292 --> 00:08:22,419
Thank you, John.
184
00:08:22,419 --> 00:08:23,837
Are you familiar with this, sir?
185
00:08:23,837 --> 00:08:24,921
Dr. Waibel: I am.
186
00:08:24,921 --> 00:08:26,297
Sifuentes:
Could you read the last sentence
187
00:08:26,297 --> 00:08:27,090
on the first page here?
188
00:08:27,090 --> 00:08:29,259
Objection, hearsay.
189
00:08:29,259 --> 00:08:31,177
Overruled. I'll allow it.
190
00:08:31,177 --> 00:08:32,429
Read the line, please.
191
00:08:36,474 --> 00:08:37,851
"With our focus on child abuse,
192
00:08:37,851 --> 00:08:39,811
"we have too many
parents being treated as
193
00:08:39,811 --> 00:08:41,855
criminal suspects at
the scene of the SIDS death."
194
00:08:41,855 --> 00:08:44,691
Thank you, doctor.
Now, you say you saw bruises
195
00:08:44,691 --> 00:08:47,360
on the child's
neck and chest area.
196
00:08:47,360 --> 00:08:49,112
Could these bruises
have resulted
197
00:08:49,112 --> 00:08:51,948
from CPR attempts
to revive the child?
198
00:08:51,948 --> 00:08:53,116
Dr. Waibel: I don't believe they
were caused by that.
199
00:08:53,116 --> 00:08:54,993
Sifuentes:
Well, is it possible, doctor,
200
00:08:54,993 --> 00:08:57,328
that these bruises resulted
from CPR attempts
201
00:08:57,328 --> 00:09:00,165
to save the baby after
it had stopped breathing?
202
00:09:00,165 --> 00:09:01,291
It's possible.
203
00:09:01,291 --> 00:09:02,584
Sifuentes: Thank you.
204
00:09:03,460 --> 00:09:04,961
Thank you, doctor.
205
00:09:04,961 --> 00:09:05,712
I have nothing further.
206
00:09:11,134 --> 00:09:14,304
[engine revving]
207
00:09:17,098 --> 00:09:19,517
[indistinct chatter]
208
00:09:20,477 --> 00:09:22,729
- Mmm.
- Nice, Markowitz.
209
00:09:22,729 --> 00:09:24,731
Our anniversary lunch
and you're working the room.
210
00:09:24,731 --> 00:09:27,358
Ah, they're clients.
I have to be polite.
211
00:09:27,358 --> 00:09:28,818
You know the romance is gone
212
00:09:28,818 --> 00:09:30,945
when passion gives
way to good manners.
213
00:09:30,945 --> 00:09:33,656
You want passion?
There's a cheap little motel
214
00:09:33,656 --> 00:09:35,742
up on Sunset
about six minutes away.
215
00:09:35,742 --> 00:09:38,328
- Right.
- No, really.
216
00:09:38,328 --> 00:09:39,537
Excellent day rate.
217
00:09:41,206 --> 00:09:42,749
Very fast room service.
218
00:09:42,749 --> 00:09:43,750
You're bluffing.
219
00:09:45,001 --> 00:09:45,710
What if I'm not?
220
00:09:48,838 --> 00:09:52,133
What, you want me to cancel
my 2:30 conference call?
221
00:09:52,133 --> 00:09:54,511
One hour of undivided attention.
222
00:09:54,511 --> 00:09:55,678
No baby, no nanny.
223
00:09:57,806 --> 00:10:01,643
Just you and me...
in a tacky little room
224
00:10:01,643 --> 00:10:03,812
with orange bedspreads
and a red carpet.
225
00:10:03,812 --> 00:10:05,230
[giggles]
226
00:10:05,230 --> 00:10:08,566
Doing... unspeakable things.
227
00:10:10,360 --> 00:10:11,611
[whispering] Let's go.
228
00:10:11,611 --> 00:10:12,779
What about your conference call?
229
00:10:13,988 --> 00:10:15,198
Let's go.
230
00:10:23,414 --> 00:10:26,209
Kelsey: Hi, Sandy, listen,
um, something has come up.
231
00:10:26,209 --> 00:10:28,586
- Hmph-he-he.
- And, um...
232
00:10:28,586 --> 00:10:30,046
I know I have that 2:30
conference call
233
00:10:30,046 --> 00:10:32,590
but I think you'll be able
to push them all till 3:15.
234
00:10:32,590 --> 00:10:35,385
We'll be back by 3:00.
235
00:10:35,385 --> 00:10:37,387
Tell Stuart's secretary
too, will you?
236
00:10:37,387 --> 00:10:39,597
- Bye.
- Very well done.
237
00:10:39,597 --> 00:10:41,432
[laughs] I feel like
I'm skipping school.
238
00:10:41,432 --> 00:10:42,517
I'll write you a note.
239
00:10:42,517 --> 00:10:44,185
[siren buzzing]
240
00:10:44,185 --> 00:10:46,020
Oh, my God.
241
00:10:46,020 --> 00:10:48,106
Markowitz:
Oh, boy, unbelievable.
242
00:10:48,106 --> 00:10:50,859
Kelsey: Take it easy, Stuart.
Just-- just pull over.
243
00:10:50,859 --> 00:10:52,610
- Pull over. Nice and easy.
- Yeah. Yeah.
244
00:10:52,610 --> 00:10:54,779
- Okay!
- What did I do?
245
00:10:54,779 --> 00:10:56,823
Did I do anything?
I didn't do anything.
246
00:10:56,823 --> 00:10:58,283
Relax, Stuart. Just keep your
hands on the wheel.
247
00:10:58,283 --> 00:11:00,785
- Where's the registration?
- In the glove compartment.
248
00:11:04,247 --> 00:11:06,040
- He's coming. He's coming.
- Of course, he's coming.
249
00:11:06,040 --> 00:11:07,876
He didn't pull us over
to test his siren.
250
00:11:07,876 --> 00:11:09,419
- Don't start with me, Ann.
- I'm not starting.
251
00:11:09,419 --> 00:11:10,587
Just relax, will you?
252
00:11:10,587 --> 00:11:12,630
Alright. Here he is, here he is.
253
00:11:12,630 --> 00:11:14,007
Driver's license and
registration, please?
254
00:11:14,007 --> 00:11:16,301
Markowitz:
Yeah. Here's the registration.
255
00:11:16,301 --> 00:11:19,220
Kelsey: And proof of insurance.
- Proof of insurance.
256
00:11:19,220 --> 00:11:22,432
And, uh... here's, uh...
257
00:11:22,432 --> 00:11:25,059
here's the driver's license.
258
00:11:25,059 --> 00:11:29,188
Um... did I do anything
wrong, officer?
259
00:11:29,188 --> 00:11:31,316
You went right through a stop
sign without even slowing down.
260
00:11:31,316 --> 00:11:33,318
Oh, well...
261
00:11:33,318 --> 00:11:35,862
We-- we-- we were talking.
And I-- I didn't even see it.
262
00:11:35,862 --> 00:11:38,323
You know, we--
we were talking, so...
263
00:11:38,323 --> 00:11:40,074
Have you been drinking, sir?
264
00:11:40,074 --> 00:11:42,869
I just uh-- I had a
little wine with lunch.
265
00:11:42,869 --> 00:11:44,245
Officer Pratt:
How much wine, sir?
266
00:11:44,245 --> 00:11:46,331
Don't answer that.
267
00:11:46,331 --> 00:11:47,707
Excuse me, ma'am.
268
00:11:47,707 --> 00:11:48,917
Would you
like to be arrested for
269
00:11:48,917 --> 00:11:50,877
interfering with
a police investigation?
270
00:11:50,877 --> 00:11:53,421
I'm a lawyer. I'm his lawyer.
271
00:11:53,421 --> 00:11:55,298
I'm entitled to...
272
00:11:55,298 --> 00:11:56,716
give him legal advice, officer.
273
00:11:58,259 --> 00:11:59,677
Step out of the car, sir.
274
00:12:05,099 --> 00:12:06,017
Step to the curb.
275
00:12:10,688 --> 00:12:12,690
Stand completely still.
Watch my finger.
276
00:12:16,361 --> 00:12:19,572
Okay. Put your arms to your side
and close your eyes, please.
277
00:12:19,572 --> 00:12:22,158
Heels together.
Lean back slightly.
278
00:12:22,158 --> 00:12:25,411
Now take your right index finger
and touch your nose.
279
00:12:25,411 --> 00:12:26,871
Your right hand.
280
00:12:29,165 --> 00:12:30,959
Okay, sir.
Please take eight steps
281
00:12:30,959 --> 00:12:32,961
heel to toe in that direction,
282
00:12:32,961 --> 00:12:34,837
then take eight steps
back in the same direction.
283
00:12:41,469 --> 00:12:44,347
[indistinct chatter]
284
00:12:47,392 --> 00:12:48,935
Okay, sir. Please turn around.
285
00:12:48,935 --> 00:12:51,354
Put your right hand
behind your head.
286
00:12:51,354 --> 00:12:52,939
- You're under arrest...
- Hey!
287
00:12:52,939 --> 00:12:53,982
On suspicion of driving under
the influence
288
00:12:53,982 --> 00:12:55,608
of intoxicating substances.
289
00:12:55,608 --> 00:12:56,818
You have got to be kidding.
290
00:12:56,818 --> 00:12:59,070
Be glad I don't test you, ma'am.
291
00:12:59,070 --> 00:13:00,947
- Come along with me, sir.
- This is a big mistake.
292
00:13:00,947 --> 00:13:02,532
- No blood test, Stuart.
- Come on.
293
00:13:02,532 --> 00:13:03,908
Urine or breathalyzer.
294
00:13:03,908 --> 00:13:06,786
Don't let them
take blood, Stuart.
295
00:13:06,786 --> 00:13:07,996
Kelsey:
I'll be right down, Stuart.
296
00:13:09,539 --> 00:13:10,707
[door closes]
297
00:13:10,707 --> 00:13:11,916
[phone ringing]
298
00:13:13,334 --> 00:13:14,585
We're not animals, dammit.
299
00:13:14,585 --> 00:13:16,212
You can't chain us up like this.
300
00:13:16,212 --> 00:13:18,047
- Let me go you pig!
- Knock it off!
301
00:13:18,047 --> 00:13:20,174
- Hey, come on.
officer
302
00:13:20,174 --> 00:13:20,925
Next.
303
00:13:27,098 --> 00:13:28,057
police officer
Okay, open up.
304
00:13:29,726 --> 00:13:31,269
Please blow very hard.
305
00:13:31,269 --> 00:13:34,022
[blows]
306
00:13:35,565 --> 00:13:36,774
Again, please.
307
00:13:37,358 --> 00:13:39,444
[blows]
308
00:13:42,405 --> 00:13:43,573
Take him back and book him.
309
00:13:46,993 --> 00:13:48,786
Kelsey:
How can this take so long?
310
00:13:48,786 --> 00:13:51,039
Hey, it's one of those days.
311
00:13:51,039 --> 00:13:53,583
There is no reason for this.
I'm posting bail.
312
00:13:54,625 --> 00:13:56,169
What are you doing to him?
313
00:13:56,169 --> 00:13:58,546
We're not done
with him yet, counselor.
314
00:13:58,546 --> 00:13:59,797
We will let you know.
315
00:14:01,758 --> 00:14:03,217
[camera shutter clicks]
316
00:14:03,217 --> 00:14:05,386
N.D. officer:
Turn to your right, please.
317
00:14:05,386 --> 00:14:07,555
[camera shutter clicks]
Now to your left.
318
00:14:22,236 --> 00:14:23,446
[door closes]
319
00:14:23,446 --> 00:14:24,822
[door locks]
320
00:14:39,879 --> 00:14:43,091
We'd just finished
watching this, uh...
321
00:14:43,091 --> 00:14:46,094
uh, TV movie and the
news was about to come on.
322
00:14:46,094 --> 00:14:48,638
- The 11 o'clock news?
Wayne: Yes, sir.
323
00:14:48,638 --> 00:14:51,015
I... went into the nursery.
324
00:14:54,435 --> 00:14:55,603
He was, uh...
325
00:14:56,854 --> 00:14:58,231
laying on his stomach...
326
00:15:00,650 --> 00:15:01,943
so I couldn't see too much.
327
00:15:02,860 --> 00:15:04,987
Then suddenly I noticed that
328
00:15:04,987 --> 00:15:07,031
there wasn't even
any breathing movement.
329
00:15:08,241 --> 00:15:09,033
So, um...
330
00:15:10,660 --> 00:15:12,537
I-- I flipped him over.
331
00:15:13,329 --> 00:15:14,497
My God!
332
00:15:15,456 --> 00:15:16,958
He was just blue.
333
00:15:16,958 --> 00:15:18,084
Trischuta:
Was your son alive, sir?
334
00:15:19,085 --> 00:15:20,044
[hesitates]
335
00:15:21,295 --> 00:15:22,797
I-- I don't think so.
336
00:15:22,797 --> 00:15:24,549
Trischuta: What did you do?
337
00:15:24,549 --> 00:15:28,219
I, uh... screamed to my wife.
338
00:15:28,219 --> 00:15:30,680
And then we called 911 and
talked to somebody there.
339
00:15:30,680 --> 00:15:33,766
And what did you do as
a result of that conversation?
340
00:15:33,766 --> 00:15:36,435
They told me to do CPR.
341
00:15:36,435 --> 00:15:37,603
And I did.
342
00:15:37,603 --> 00:15:40,273
I uh, I s...
343
00:15:40,273 --> 00:15:43,985
I started breathing
air into his mouth.
344
00:15:43,985 --> 00:15:46,696
And I squeezed it out of him.
345
00:15:46,696 --> 00:15:48,906
And did you push down...
346
00:15:48,906 --> 00:15:50,741
on his chest
during this procedure?
347
00:15:50,741 --> 00:15:53,494
Yes. The man told me to.
348
00:15:53,494 --> 00:15:54,996
Objection, hearsay.
349
00:15:54,996 --> 00:15:57,748
Trischuta: State of mind.
- Overruled.
350
00:15:57,748 --> 00:15:59,750
What happened next,
Mr. Lafferty?
351
00:15:59,750 --> 00:16:01,878
Wayne: He-- he wouldn't breathe.
352
00:16:04,714 --> 00:16:06,132
Steven wouldn't breathe.
353
00:16:08,426 --> 00:16:11,137
And, uh...
354
00:16:11,137 --> 00:16:12,930
an ambulance came
and took him to the hospital
355
00:16:12,930 --> 00:16:14,265
[cries]
and they tried to revive him.
356
00:16:14,265 --> 00:16:16,434
[sobs]
357
00:16:16,434 --> 00:16:18,603
[sighs]
358
00:16:18,603 --> 00:16:20,146
But he was dead.
359
00:16:20,146 --> 00:16:22,148
Trischuta: Thank you, sir.
Nothing further.
360
00:16:24,400 --> 00:16:26,152
I have no questions
at this time, Your Honor.
361
00:16:31,240 --> 00:16:34,160
Your son had an impartially
formed intestine
362
00:16:34,160 --> 00:16:36,204
as a result of
being a month premature.
363
00:16:36,204 --> 00:16:38,247
Cortwright: Isn't that right?
- Yes.
364
00:16:38,247 --> 00:16:40,958
And as a result
of complications at birth,
365
00:16:40,958 --> 00:16:43,127
your son was
also blind, correct?
366
00:16:43,127 --> 00:16:45,171
Wayne: Yes, that's also true.
367
00:16:45,171 --> 00:16:47,924
Cortwright: So, you came
home from the hospital...
368
00:16:47,924 --> 00:16:50,092
with a six week old
blind infant
369
00:16:50,092 --> 00:16:52,386
with intestinal problems.
370
00:16:52,386 --> 00:16:54,222
There were a lot of medical
bills ahead for you.
371
00:16:54,222 --> 00:16:55,973
- Weren't there?
Trischuta: Objection!
372
00:16:55,973 --> 00:16:57,475
Cortwright:
Goes to motive, Your Honor.
373
00:16:57,475 --> 00:16:59,101
The survival of this child
would have worked severe
374
00:16:59,101 --> 00:17:00,770
financial hardship
on the defendants.
375
00:17:00,770 --> 00:17:02,605
Objection is overruled.
376
00:17:02,605 --> 00:17:04,815
You told your friend
Alan Levin that you thought
377
00:17:04,815 --> 00:17:07,026
this baby would be
better off dead, didn't you?
378
00:17:08,986 --> 00:17:10,071
I was despondent.
379
00:17:10,071 --> 00:17:11,614
In fact, you told him that
380
00:17:11,614 --> 00:17:15,243
you prayed for its
death, isn't that right?
381
00:17:15,243 --> 00:17:18,204
[sighs]
I was devastated, for God sakes.
382
00:17:18,204 --> 00:17:19,872
That wasn't reflective thought.
383
00:17:19,872 --> 00:17:21,916
Cortwright: Well, was it...
384
00:17:21,916 --> 00:17:23,960
reflective thought,
Mr. Lafferty...
385
00:17:23,960 --> 00:17:25,962
when you
tried to place this baby
386
00:17:25,962 --> 00:17:27,421
with the West Side
Adoption Agency?
387
00:17:27,421 --> 00:17:28,756
Trischuta: Objection!
Sifuentes: Objection!
388
00:17:28,756 --> 00:17:30,341
Cortwright: I have a copy
of adoption papers here
389
00:17:30,341 --> 00:17:32,260
filled out by
Mr. Lafferty in connection--
390
00:17:32,260 --> 00:17:33,135
Trischuta: Your Honor, these
papers were never
391
00:17:33,135 --> 00:17:34,679
made available to the defense.
392
00:17:34,679 --> 00:17:36,597
Overruled. I'll admit them.
393
00:17:36,597 --> 00:17:39,892
What did the agency
tell you, Mr. Lafferty,
394
00:17:39,892 --> 00:17:42,603
in response to your inquiries?
395
00:17:42,603 --> 00:17:44,855
They said they
couldn't place my son.
396
00:17:44,855 --> 00:17:45,898
Cortwright: When was this?
397
00:17:49,443 --> 00:17:50,945
The day before he died.
398
00:17:50,945 --> 00:17:53,197
Cortwright: So, this baby...
399
00:17:53,197 --> 00:17:55,700
whose death you prayed for,
400
00:17:55,700 --> 00:17:58,035
who you tried to give away,
401
00:17:58,035 --> 00:17:59,704
who was going to cost you
402
00:17:59,704 --> 00:18:04,041
hundreds of thousands
of dollars in medical care...
403
00:18:04,041 --> 00:18:06,711
this baby just happened
to die inexplicably?
404
00:18:06,711 --> 00:18:07,962
Trischuta: Argumentative!
Sifuentes: Objection.
405
00:18:07,962 --> 00:18:09,213
Judge Swanson: Sustained.
406
00:18:09,213 --> 00:18:10,172
Cortwright: Nothing further.
407
00:18:12,258 --> 00:18:13,467
I do have one
question, Your Honor.
408
00:18:13,467 --> 00:18:14,844
Go ahead.
409
00:18:14,844 --> 00:18:17,179
Did your wife know
about this adoption plan, sir?
410
00:18:18,389 --> 00:18:20,433
No.
411
00:18:20,433 --> 00:18:21,183
Wayne: She didn't.
412
00:18:22,685 --> 00:18:24,270
Thank you. Nothing further.
413
00:18:26,480 --> 00:18:29,108
[instrumental music]
414
00:18:32,695 --> 00:18:35,323
[upbeat music]
415
00:18:38,618 --> 00:18:39,869
Marilyn: Please.
416
00:18:41,912 --> 00:18:43,289
It's a little unusual...
417
00:18:44,290 --> 00:18:47,084
coming to a residence, isn't it?
418
00:18:47,084 --> 00:18:49,295
Douglas, I think
you're a little confused
419
00:18:49,295 --> 00:18:51,881
about something which
I better make clear.
420
00:18:51,881 --> 00:18:53,299
Please, sit down.
421
00:18:59,889 --> 00:19:03,059
I'm not a sexual therapist.
422
00:19:03,059 --> 00:19:05,311
What I am is
a surrogate partner.
423
00:19:07,188 --> 00:19:09,732
- Excuse me?
- I thought so. It's okay.
424
00:19:09,732 --> 00:19:11,150
Let me explain.
425
00:19:11,150 --> 00:19:13,361
A sex therapist
renders their services
426
00:19:13,361 --> 00:19:16,989
exclusively in
the form of dialogue.
427
00:19:16,989 --> 00:19:19,325
Surrogates are partners.
428
00:19:21,535 --> 00:19:22,495
I beg your pardon?
429
00:19:23,829 --> 00:19:25,831
We start with talking.
430
00:19:25,831 --> 00:19:30,127
Then we move on to a series of
intimacy exercises.
431
00:19:30,127 --> 00:19:33,130
Touching, holding, stroking.
432
00:19:33,130 --> 00:19:35,132
And we gradually
work to eliminate
433
00:19:35,132 --> 00:19:38,094
the discomfort brought
on by sexual encounters.
434
00:19:38,886 --> 00:19:40,888
You mean, um...
435
00:19:40,888 --> 00:19:43,516
you and me...
436
00:19:43,516 --> 00:19:45,059
we... touch?
437
00:19:45,059 --> 00:19:46,310
Yes, we do.
438
00:19:49,188 --> 00:19:52,191
How exactly do I, uh, graduate?
439
00:19:52,191 --> 00:19:53,901
Are you asking me
if we ultimately
440
00:19:53,901 --> 00:19:55,319
engage in intercourse?
441
00:19:57,988 --> 00:19:59,824
In most cases, yes.
442
00:20:00,825 --> 00:20:02,201
But not always.
443
00:20:02,201 --> 00:20:04,161
It depends upon
the type of problem
444
00:20:04,161 --> 00:20:05,996
and the progress achieved.
445
00:20:07,790 --> 00:20:10,334
[exhales deeply] I see.
446
00:20:10,334 --> 00:20:12,795
Marilyn: I can see
you're very skeptical.
447
00:20:12,795 --> 00:20:15,589
No, no.
448
00:20:15,589 --> 00:20:18,843
Ah, well, I'm wondering whether
Blue Cross will cover this.
449
00:20:18,843 --> 00:20:22,346
Perhaps you should
think this over, Douglas.
450
00:20:22,346 --> 00:20:25,141
But judging from
our phone conversation,
451
00:20:25,141 --> 00:20:28,310
I think you will ultimately
be referred to a surrogate.
452
00:20:30,604 --> 00:20:31,355
Okay.
453
00:20:34,191 --> 00:20:36,694
I think I will think about this.
454
00:20:36,694 --> 00:20:38,821
Marilyn: That's great.
455
00:20:38,821 --> 00:20:41,449
Clerk: Case number
nine-zero-four-two-zero.
456
00:20:41,449 --> 00:20:44,452
Okay. Ellen Harris is the
city attorney. I know her.
457
00:20:44,452 --> 00:20:46,162
We agreed on
a September trial date.
458
00:20:46,162 --> 00:20:47,288
- September?
- That long?
459
00:20:47,288 --> 00:20:48,664
No, no, no. This is good.
460
00:20:48,664 --> 00:20:51,250
A long trial delay
works in our favor.
461
00:20:51,250 --> 00:20:53,419
The arresting officer
won't remember as much.
462
00:20:53,419 --> 00:20:55,171
What's more, Judge Matthews
will be sitting
463
00:20:55,171 --> 00:20:56,422
in division
three in September.
464
00:20:56,422 --> 00:20:59,008
- This is also good.
- Why?
465
00:20:59,008 --> 00:21:01,677
Because Rosalind is a
good friend of his, that's why.
466
00:21:01,677 --> 00:21:03,387
Every little bit helps.
467
00:21:03,387 --> 00:21:06,182
Michael. Stuart. Ann.
How are you guys doing?
468
00:21:06,182 --> 00:21:09,185
- John. How are you?
- Great.
469
00:21:09,185 --> 00:21:10,186
Listen, Stuart,
thanks for the contracts
470
00:21:10,186 --> 00:21:12,563
on the Offner Syndication.
471
00:21:12,563 --> 00:21:14,023
John: You'll be getting my
redlined copy
472
00:21:14,023 --> 00:21:15,399
at the end of the week.
473
00:21:15,399 --> 00:21:17,193
We can put this thing to bed.
474
00:21:17,193 --> 00:21:18,736
Good. Very good.
475
00:21:18,736 --> 00:21:20,863
What brings you boys
and girls down to the zoo?
476
00:21:20,863 --> 00:21:23,240
Clerk: Case number 9-0-4-3-5.
People versus Stuart Markowitz.
477
00:21:23,240 --> 00:21:25,159
Driving under the influence.
478
00:21:25,159 --> 00:21:27,286
[clears throat]
Excuse us, John.
479
00:21:27,286 --> 00:21:28,245
Stuart.
480
00:21:30,873 --> 00:21:32,333
Michael Kuzak for the defendant.
481
00:21:32,333 --> 00:21:33,584
Waive reading, plead not guilty.
482
00:21:33,584 --> 00:21:34,835
Judge Pendleton:
Question of bail?
483
00:21:34,835 --> 00:21:36,045
No, Your Honor.
484
00:21:36,045 --> 00:21:37,505
First offense, O.R. is fine.
485
00:21:37,505 --> 00:21:39,715
Both parties agree
on a September trial date.
486
00:21:39,715 --> 00:21:41,425
Second week of September.
487
00:21:41,425 --> 00:21:44,011
Mr. Markowitz, check
with probation, please.
488
00:21:45,596 --> 00:21:46,263
Next case.
489
00:21:58,609 --> 00:21:59,610
Victor.
490
00:22:00,903 --> 00:22:02,655
Elizabeth.
491
00:22:02,655 --> 00:22:03,447
Come-- come on in.
492
00:22:08,452 --> 00:22:09,745
Sifuentes: What's going on?
493
00:22:09,745 --> 00:22:10,913
Uh, I'm not sure.
494
00:22:12,790 --> 00:22:14,083
I came in because...
495
00:22:15,209 --> 00:22:17,044
I don't know what's going on.
496
00:22:21,298 --> 00:22:22,258
Sifuentes: What's the matter?
497
00:22:25,010 --> 00:22:26,512
This adoption thing...
498
00:22:28,222 --> 00:22:29,848
it came as a total shock to me.
499
00:22:29,848 --> 00:22:32,101
You know that.
500
00:22:32,101 --> 00:22:35,187
And when I got home, I started
going through Wayne's desk
501
00:22:35,187 --> 00:22:36,522
looking for the papers...
502
00:22:39,149 --> 00:22:41,694
I found this.
503
00:22:41,694 --> 00:22:43,946
It's an article on
Sudden Infant Death Syndrome.
504
00:22:47,157 --> 00:22:49,577
- And?
- Look at the date.
505
00:22:49,577 --> 00:22:51,579
It's two weeks
before Steven died.
506
00:22:52,997 --> 00:22:55,499
Well, maybe somebody
sent it to him after.
507
00:22:55,499 --> 00:22:56,709
That's what I thought at first,
508
00:22:56,709 --> 00:22:59,545
but why wouldn't
he show it to me?
509
00:22:59,545 --> 00:23:02,339
And read it. That article
is all about how SIDS...
510
00:23:02,339 --> 00:23:03,924
how you never know the cause.
511
00:23:03,924 --> 00:23:07,011
And how-- how it can be
mistaken for child abuse.
512
00:23:07,011 --> 00:23:08,554
Wait a minute.
513
00:23:08,554 --> 00:23:10,764
Are you saying you think
he got the idea from this?
514
00:23:10,764 --> 00:23:12,391
[sighs] No.
515
00:23:15,811 --> 00:23:16,520
Victor...
516
00:23:19,815 --> 00:23:23,360
that night... when we
were watching the TV movie...
517
00:23:25,654 --> 00:23:28,574
Wayne did go
in to check the baby.
518
00:23:28,574 --> 00:23:30,576
An hour before the
news, he did go in.
519
00:23:30,576 --> 00:23:31,368
Why didn't you tell
me about that before?
520
00:23:31,368 --> 00:23:33,203
Because we discussed it.
521
00:23:33,203 --> 00:23:34,997
We figured it would be better
not to say anything about it.
522
00:23:34,997 --> 00:23:37,666
And I never thought he could
have done something like this.
523
00:23:37,666 --> 00:23:38,709
I still don't.
524
00:23:39,918 --> 00:23:41,337
I know Wayne.
525
00:23:41,337 --> 00:23:42,338
I-- I can't believe he could be
526
00:23:42,338 --> 00:23:44,173
capable of something like this.
527
00:23:44,173 --> 00:23:45,633
Elizabeth, the reason
you're here now
528
00:23:45,633 --> 00:23:47,176
is because you think
he might have done it.
529
00:23:47,176 --> 00:23:48,677
The reason I am here right now
530
00:23:48,677 --> 00:23:51,639
is because I don't know
what to think anymore.
531
00:23:51,639 --> 00:23:54,016
That article, the lie,
the adoption thing.
532
00:23:54,016 --> 00:23:56,226
I don't know what to think.
Maybe I'm just going crazy.
533
00:23:59,772 --> 00:24:00,731
Wow.
534
00:24:02,483 --> 00:24:04,401
You gotta testify about this.
535
00:24:04,985 --> 00:24:06,612
No.
536
00:24:06,612 --> 00:24:08,030
I have to put you on the stand,
Elizabeth,
537
00:24:08,030 --> 00:24:09,490
in which case
you have to tell the truth.
538
00:24:09,490 --> 00:24:11,659
I don't know what is the truth,
539
00:24:11,659 --> 00:24:13,202
and I'm not gonna
hang my husband.
540
00:24:13,202 --> 00:24:14,411
Well, I'll tell you this.
541
00:24:14,411 --> 00:24:16,038
We got hurt today.
542
00:24:16,038 --> 00:24:18,457
It looks really bad for us,
and as your lawyer
543
00:24:18,457 --> 00:24:21,001
I am advising you to tell the
court what you just told me.
544
00:24:21,001 --> 00:24:22,211
And what if I'm wrong?
545
00:24:22,211 --> 00:24:23,253
So, then you would admit that
546
00:24:23,253 --> 00:24:25,005
you could be wrong.
547
00:24:25,005 --> 00:24:27,633
Right now everybody on that
jury thinks you both did it.
548
00:24:27,633 --> 00:24:29,677
This is a murder
trial here, Elizabeth.
549
00:24:29,677 --> 00:24:31,303
You could be looking
at life imprisonment.
550
00:24:31,303 --> 00:24:33,138
You gotta think about yourself.
551
00:24:33,138 --> 00:24:35,015
He's my husband.
552
00:24:35,015 --> 00:24:37,393
He also could be the
person who killed your son.
553
00:24:39,311 --> 00:24:41,522
[crying] I don't
know what to do.
554
00:24:43,148 --> 00:24:44,608
Then you listen to your lawyer.
555
00:24:48,862 --> 00:24:51,240
[instrumental music]
556
00:25:01,917 --> 00:25:03,836
Do you swear to tell the truth,
the whole truth
557
00:25:03,836 --> 00:25:06,130
and nothing but the truth,
so help you God?
558
00:25:06,130 --> 00:25:07,214
Elizabeth: I do.
559
00:25:09,008 --> 00:25:10,509
State your name for
the record, please.
560
00:25:10,509 --> 00:25:13,637
Elizabeth Lafferty.
561
00:25:13,637 --> 00:25:14,847
Sifuentes:
Mrs. Lafferty, you were present
562
00:25:14,847 --> 00:25:16,724
for your husband's
testimony yesterday?
563
00:25:16,724 --> 00:25:17,933
Yes.
564
00:25:17,933 --> 00:25:19,393
Sifuentes:
And were you aware, ma'am,
565
00:25:19,393 --> 00:25:21,103
that your husband tried to put
566
00:25:21,103 --> 00:25:22,396
your son Steven up for adoption?
567
00:25:22,396 --> 00:25:23,772
No, I wasn't.
568
00:25:23,772 --> 00:25:25,190
Sifuentes: And, Ms. Lafferty,
569
00:25:25,190 --> 00:25:26,692
your husband also testified
570
00:25:26,692 --> 00:25:28,610
that neither you nor he went in
571
00:25:28,610 --> 00:25:30,779
to check on the child
the night of his death
572
00:25:30,779 --> 00:25:33,657
between the hours
of 9:30 and 11 o'clock.
573
00:25:33,657 --> 00:25:35,284
Now, is that correct?
574
00:25:37,161 --> 00:25:38,746
Is that correct, ma'am?
575
00:25:40,748 --> 00:25:42,332
Ms. Lafferty.
576
00:25:42,332 --> 00:25:45,502
I'm gonna remind you now
that you're here under oath.
577
00:25:45,502 --> 00:25:48,255
Did anyone check
on the baby before 11 o'clock?
578
00:25:49,673 --> 00:25:51,508
Yes. My husband
did during the movie.
579
00:25:51,508 --> 00:25:52,509
Trischuta:
Your Honor, move for a
580
00:25:52,509 --> 00:25:54,094
recess to confer with
co-counsel.
581
00:25:54,094 --> 00:25:55,929
I'm not interested in
conferring, Your Honor.
582
00:25:55,929 --> 00:25:57,681
- Move for a recess. Victor!
Judge Swanson: Denied.
583
00:25:57,681 --> 00:25:59,516
Judge Swanson:
Mr. Trischuta, sit down.
584
00:25:59,516 --> 00:26:02,519
I'm going to show you an article
on Sudden Infant Death Syndrome
585
00:26:02,519 --> 00:26:05,355
that is dated
September 12th 1989.
586
00:26:05,355 --> 00:26:06,982
That is two weeks before the
death of your child.
587
00:26:06,982 --> 00:26:08,567
- Do you recognize it?
Trischuta: Objection!
588
00:26:08,567 --> 00:26:11,779
Mr. Trischuta, I said sit down.
589
00:26:14,615 --> 00:26:18,160
Ms. Lafferty,
do you recognize it?
590
00:26:18,160 --> 00:26:19,787
Your Honor, permission to treat
this witness as hostile.
591
00:26:19,787 --> 00:26:21,830
- Objection.
Judge: She's your own client.
592
00:26:21,830 --> 00:26:23,165
Sifuentes: Your Honor, in the
interest of justice,
593
00:26:23,165 --> 00:26:25,334
I am asking this woman
to give testimony
594
00:26:25,334 --> 00:26:26,335
against her husband.
595
00:26:26,335 --> 00:26:27,544
Judge Swanson: Mr. Sifuentes,
596
00:26:27,544 --> 00:26:29,505
I'll give you a little latitude.
597
00:26:29,505 --> 00:26:30,964
Sifuentes:
Thank you, Your Honor.
598
00:26:30,964 --> 00:26:33,133
You found this article
in your husband's
599
00:26:33,133 --> 00:26:34,301
desk drawer, did you not?
600
00:26:34,301 --> 00:26:35,761
Yes.
601
00:26:35,761 --> 00:26:38,764
Could you please
read the first line
602
00:26:38,764 --> 00:26:42,351
on the second paragraph
for the court?
603
00:26:42,351 --> 00:26:44,311
Please. Read it, Ms. Lafferty.
604
00:26:48,649 --> 00:26:52,402
"Sometimes victims
of Sudden Infant Death Syndrome
605
00:26:52,402 --> 00:26:54,863
will appear to have
suffered from suffocation."
606
00:26:54,863 --> 00:26:56,573
Sifuentes: And the next line.
607
00:26:59,243 --> 00:27:02,871
"And efforts to resuscitate
can end up bruising the infant,
608
00:27:02,871 --> 00:27:05,457
giving rise to child
abuse allegations."
609
00:27:05,457 --> 00:27:08,043
Sifuentes:
Did it occur to you...
610
00:27:08,043 --> 00:27:10,796
that your husband,
after reading this article,
611
00:27:10,796 --> 00:27:12,965
came up with the idea
of suffocating your child?
612
00:27:12,965 --> 00:27:15,801
Trischuta: Objection!
- Sustained.
613
00:27:15,801 --> 00:27:18,178
Sifuentes: Alright, I'll
put it another way.
614
00:27:18,178 --> 00:27:20,305
As a result of your husband
going in to check on the baby
615
00:27:20,305 --> 00:27:22,558
that night alone,
616
00:27:22,558 --> 00:27:25,269
as a result of you finding
that article in his drawer,
617
00:27:25,269 --> 00:27:28,438
an article that predated the
death of your son by two weeks,
618
00:27:28,438 --> 00:27:30,607
as a result of
his wishing aloud to you
619
00:27:30,607 --> 00:27:32,609
for the death of your baby,
620
00:27:32,609 --> 00:27:33,902
you have now
come to the conclusion
621
00:27:33,902 --> 00:27:35,654
that your husband
killed your child,
622
00:27:35,654 --> 00:27:37,406
haven't you, Mrs. Lafferty?
623
00:27:38,365 --> 00:27:39,825
Haven't you?
624
00:27:42,035 --> 00:27:44,872
[crying] I'm sorry, Wayne.
I-- I don't know anymore.
625
00:27:44,872 --> 00:27:48,250
I wanna believe you.
But I just don't know.
626
00:27:48,250 --> 00:27:51,628
Your Honor, I move
for an immediate mistrial.
627
00:27:51,628 --> 00:27:52,754
Denied.
628
00:27:52,754 --> 00:27:54,047
[crying] I just don't know
629
00:27:54,047 --> 00:27:55,382
what to think.
630
00:28:01,096 --> 00:28:02,848
- You suckered me!
Sifuentes: I didn't sucker you.
631
00:28:02,848 --> 00:28:04,016
Sifuentes: This whole thing
unfolded last night.
632
00:28:04,016 --> 00:28:05,684
We met for 20 minutes this
morning before
633
00:28:05,684 --> 00:28:07,019
going into court
and you told me none of this!
634
00:28:07,019 --> 00:28:09,104
I couldn't tell you.
Now, come on, John.
635
00:28:09,104 --> 00:28:11,106
I am her lawyer, you're his.
We have to protect our clients.
636
00:28:11,106 --> 00:28:12,941
From the beginning our defenses
were common, they were joint.
637
00:28:12,941 --> 00:28:14,484
Now, you sell me out,
you son of a bitch.
638
00:28:14,484 --> 00:28:15,527
Hey! Look, I didn't know things
639
00:28:15,527 --> 00:28:16,612
were gonna turn out like this.
640
00:28:16,612 --> 00:28:17,654
But I had no choice.
641
00:28:17,654 --> 00:28:18,655
I had to do it this way.
642
00:28:18,655 --> 00:28:20,032
If I would have told you,
643
00:28:20,032 --> 00:28:21,491
I would've been
violating privilege.
644
00:28:21,491 --> 00:28:22,534
I would've been undermining
645
00:28:22,534 --> 00:28:23,577
my client's interests.
646
00:28:23,577 --> 00:28:24,411
I did what I had to do, okay?
647
00:28:24,411 --> 00:28:25,829
Good!
648
00:28:25,829 --> 00:28:27,748
Now, I'm gonna do
what I have to do.
649
00:28:28,290 --> 00:28:29,708
Come on, Wayne.
650
00:28:31,084 --> 00:28:32,878
[sighs] Wayne, let's go.
651
00:28:39,217 --> 00:28:40,427
[door closes]
652
00:28:43,013 --> 00:28:47,100
The first exercise is
called the hand caress.
653
00:28:47,100 --> 00:28:50,479
The object here is
to establish intimacy
654
00:28:50,479 --> 00:28:52,481
without establishing sex.
655
00:28:52,481 --> 00:28:53,941
I'd like you to try this.
656
00:28:59,112 --> 00:29:00,113
Like this?
657
00:29:00,113 --> 00:29:01,323
Good.
658
00:29:02,824 --> 00:29:04,868
Now, try to be just
a little more rhythmic.
659
00:29:06,828 --> 00:29:09,957
Now, contemporaneously
along with the caress,
660
00:29:09,957 --> 00:29:12,042
I'd like to continue
our discussion.
661
00:29:13,543 --> 00:29:14,920
Move along.
662
00:29:18,298 --> 00:29:20,300
[sighs] As I said,
663
00:29:20,300 --> 00:29:23,762
it's not the holding hands
or hugging that debilitate me.
664
00:29:23,762 --> 00:29:28,308
It's always been after
we're, uh, disrobed.
665
00:29:28,308 --> 00:29:32,104
Right at that point
I become excited.
666
00:29:32,104 --> 00:29:35,357
You both had been
man and wife for a long time.
667
00:29:35,357 --> 00:29:38,360
The prospect of having
sex with another woman
668
00:29:38,360 --> 00:29:41,279
could cause you to
become overridden with guilt.
669
00:29:41,279 --> 00:29:42,781
I doubt it.
670
00:29:42,781 --> 00:29:44,324
I had no trouble cheating on her
671
00:29:44,324 --> 00:29:45,158
when we were married.
672
00:29:45,158 --> 00:29:46,576
I see.
673
00:29:46,576 --> 00:29:48,662
I-- it's almost chemical.
674
00:29:48,662 --> 00:29:51,331
As soon as I see a naked woman,
675
00:29:51,331 --> 00:29:52,541
I get nervous.
676
00:29:52,541 --> 00:29:54,334
I get gas.
677
00:29:54,334 --> 00:29:56,753
You get gas?
678
00:29:56,753 --> 00:29:58,588
It varies with
my diet, but yes.
679
00:29:58,588 --> 00:30:01,299
And then as soon as I experience
680
00:30:01,299 --> 00:30:03,760
um, uh, a pinnacle
681
00:30:03,760 --> 00:30:06,221
I almost black out.
This can't be normal.
682
00:30:06,221 --> 00:30:09,933
Anxieties are neither
normal or abnormal.
683
00:30:09,933 --> 00:30:12,519
But nudity makes
my knees wobble.
684
00:30:12,519 --> 00:30:14,354
What the hell is going on?
685
00:30:14,354 --> 00:30:16,398
I'm not quite sure.
686
00:30:16,398 --> 00:30:19,526
But, you know, there's only
one way for us to find out.
687
00:30:19,526 --> 00:30:22,654
Tomorrow, 2 o'clock,
688
00:30:22,654 --> 00:30:24,573
you and I are
gonna get naked.
689
00:30:26,992 --> 00:30:27,951
[sighs]
690
00:30:29,661 --> 00:30:32,456
Peter Hymson is the
best toxologist in the state.
691
00:30:32,456 --> 00:30:36,126
With him testifying for us,
our stock goes way up.
692
00:30:36,126 --> 00:30:38,670
- Great.
- Okay, to the facts.
693
00:30:38,670 --> 00:30:40,464
Now, you had a glass of wine
694
00:30:40,464 --> 00:30:43,175
minutes before leaving
the restaurant, right?
695
00:30:43,175 --> 00:30:45,969
Well, I had wine with lunch, so,
I-- I guess it was--
696
00:30:45,969 --> 00:30:48,472
Yes, but timing
is very important.
697
00:30:48,472 --> 00:30:50,265
Let me explain something.
698
00:30:50,265 --> 00:30:53,185
It takes 30 minutes for a drink
to get into your bloodstream.
699
00:30:53,185 --> 00:30:55,604
That means that if you
had a glass of wine just before
700
00:30:55,604 --> 00:30:58,648
you got into your car, our
expert witness could testify
701
00:30:58,648 --> 00:31:00,692
that it wasn't in your
system when you were arrested.
702
00:31:00,692 --> 00:31:03,278
He could testify that even
though your blood alcohol level
703
00:31:03,278 --> 00:31:06,698
was 0.9 when you took the
breathalyzer 50 minutes later,
704
00:31:06,698 --> 00:31:11,078
that it was actually much lower
when you were behind the wheel.
705
00:31:11,078 --> 00:31:13,038
This is a very
important testimony.
706
00:31:13,038 --> 00:31:15,874
But if you had
that drink over lunch,
707
00:31:15,874 --> 00:31:18,251
say half an hour before driving,
708
00:31:18,251 --> 00:31:20,879
that argument wouldn't
be available to us.
709
00:31:22,214 --> 00:31:24,174
So, [clears throat]
710
00:31:24,174 --> 00:31:28,011
when do you think you
had that last glass of wine?
711
00:31:31,807 --> 00:31:34,017
He drank
it right before we left.
712
00:31:34,017 --> 00:31:36,394
You're willing
to testify to this?
713
00:31:36,394 --> 00:31:38,939
- Yes.
- Good.
714
00:31:38,939 --> 00:31:41,274
Very good.
[door opens]
715
00:31:41,274 --> 00:31:42,400
Excuse me.
716
00:31:42,400 --> 00:31:43,902
Kuzak: Rosalind.
717
00:31:43,902 --> 00:31:46,154
I just spoke
with Judge Matthews.
718
00:31:46,154 --> 00:31:48,073
He will be in division three.
719
00:31:48,073 --> 00:31:51,034
- Thank you.
- Thank you, Rosalind.
720
00:31:51,034 --> 00:31:52,869
Rosalind: Andy's a fair judge.
721
00:31:52,869 --> 00:31:54,871
I just hope it all works out.
722
00:31:54,871 --> 00:31:56,498
Kelsey: So, what now?
723
00:31:56,498 --> 00:31:58,083
Kuzak: Well,
I put all of this together,
724
00:31:58,083 --> 00:31:59,251
I take it to
the district attorney,
725
00:31:59,251 --> 00:32:01,837
and I hope that I make
this whole mess go away.
726
00:32:02,212 --> 00:32:03,171
Good.
727
00:32:04,047 --> 00:32:05,006
Good.
728
00:32:05,423 --> 00:32:07,300
Good.
729
00:32:07,300 --> 00:32:09,136
Judge Swanson: I remind you,
you're still under oath.
730
00:32:09,136 --> 00:32:11,555
Mr. Lafferty, would
it be safe to say
731
00:32:11,555 --> 00:32:13,807
your wife's testimony comes
as some surprise?
732
00:32:13,807 --> 00:32:15,517
Yes, completely.
733
00:32:15,517 --> 00:32:16,810
Trischuta: Did you cause the
death of your son,
734
00:32:16,810 --> 00:32:18,562
Steven Lafferty?
735
00:32:18,562 --> 00:32:19,938
Of course not.
736
00:32:19,938 --> 00:32:20,772
Trischuta:
Can you think of any reason why
737
00:32:20,772 --> 00:32:22,149
your wife would accuse you?
738
00:32:22,149 --> 00:32:23,733
There's only one
reason I can think of.
739
00:32:23,733 --> 00:32:25,068
Trischuta:
What might that be, sir.
740
00:32:26,903 --> 00:32:28,363
She must have done it.
741
00:32:28,363 --> 00:32:30,532
[people murmurs]
742
00:32:30,532 --> 00:32:32,159
This isn't simply
"the best defense
743
00:32:32,159 --> 00:32:33,577
is a good offense," is it, sir?
744
00:32:33,577 --> 00:32:34,703
Wayne: No, it's not. No, sir.
745
00:32:34,703 --> 00:32:38,540
It's... First of all, I...
746
00:32:38,540 --> 00:32:40,959
I never checked on the baby
that night before 11 o'clock.
747
00:32:42,711 --> 00:32:45,130
I did leave the house
once when she asked me to
748
00:32:45,130 --> 00:32:46,506
get her a footstool
from the garage.
749
00:32:46,506 --> 00:32:48,341
A footstool?
750
00:32:48,341 --> 00:32:49,718
Wayne: What she wanted it for,
I don't know,
751
00:32:49,718 --> 00:32:51,386
in the middle of the movie.
752
00:32:51,386 --> 00:32:53,138
But I left the house.
753
00:32:53,138 --> 00:32:55,348
Giving her time and opportunity
to do whatever she wanted.
754
00:32:55,348 --> 00:32:57,100
Sifuentes: Objection!
Judge Swanson: Overruled.
755
00:32:57,100 --> 00:32:58,602
Trischuta: What about that
newspaper article
756
00:32:58,602 --> 00:33:00,103
she found in your desk drawer?
757
00:33:00,103 --> 00:33:01,146
That...
758
00:33:01,146 --> 00:33:03,064
That was never in the drawer.
759
00:33:03,064 --> 00:33:05,025
After we were arrested,
the police
760
00:33:05,025 --> 00:33:05,901
searched all through the house.
761
00:33:05,901 --> 00:33:07,152
They went through my drawers.
762
00:33:07,152 --> 00:33:08,778
They never found the article.
763
00:33:08,778 --> 00:33:10,030
Trischuta: During the course
of your marriage, sir,
764
00:33:10,030 --> 00:33:11,615
did your wife ever require
765
00:33:11,615 --> 00:33:12,616
psychiatric care?
766
00:33:12,616 --> 00:33:14,159
Wayne: Yes.
767
00:33:14,159 --> 00:33:16,578
She suffered
terrible depression
768
00:33:16,578 --> 00:33:18,830
on account of the child and
she was seeing a psychiatrist.
769
00:33:18,830 --> 00:33:20,999
Did she ever tell you
why she was seeing this doctor?
770
00:33:20,999 --> 00:33:22,375
Yes.
771
00:33:22,375 --> 00:33:24,085
She felt there was
something wrong with her...
772
00:33:25,837 --> 00:33:29,007
because she
couldn't love her child.
773
00:33:29,007 --> 00:33:30,967
Because she hated
the son she gave birth to.
774
00:33:32,844 --> 00:33:35,430
And that's why I looked
into adoption.
775
00:33:35,430 --> 00:33:37,349
Because I was afraid
she couldn't handle this.
776
00:33:37,349 --> 00:33:39,392
Your Honor, Dr. Peter
Wolper has invoked the doctor
777
00:33:39,392 --> 00:33:41,603
patient privilege
and refuses to testify.
778
00:33:41,603 --> 00:33:44,397
However, he confirms by
declaration that he did in fact
779
00:33:44,397 --> 00:33:46,983
treat Mrs. Lafferty in the
weeks immediately preceding
780
00:33:46,983 --> 00:33:48,777
and following the child's death.
781
00:33:48,777 --> 00:33:50,612
Go on.
782
00:33:50,612 --> 00:33:52,614
Sir...
783
00:33:52,614 --> 00:33:54,783
did you think your
wife had killed your son?
784
00:33:54,783 --> 00:33:56,618
Of course not.
785
00:33:56,618 --> 00:33:59,579
How could I? This
is the woman I love.
786
00:33:59,579 --> 00:34:02,040
But now... I can't.
787
00:34:02,040 --> 00:34:03,792
I can't believe she
could have done this.
788
00:34:05,377 --> 00:34:07,212
But I...
789
00:34:07,212 --> 00:34:09,464
I think-- I think
she's gone crazy.
790
00:34:09,464 --> 00:34:10,715
Objection, Your Honor.
791
00:34:10,715 --> 00:34:12,175
Sustained.
792
00:34:12,175 --> 00:34:14,135
The last remark is stricken.
793
00:34:26,022 --> 00:34:27,232
[knocking on door]
794
00:34:28,817 --> 00:34:30,235
Oh, give me a break.
795
00:34:30,235 --> 00:34:31,861
Well, this is not a bribe.
796
00:34:31,861 --> 00:34:33,280
I just don't
like plea bargaining
797
00:34:33,280 --> 00:34:35,073
in dreary rooms, that's all.
798
00:34:35,073 --> 00:34:36,491
I ought to bring
you up on charges.
799
00:34:36,491 --> 00:34:38,702
Kuzak: I have three
little words for you.
800
00:34:39,536 --> 00:34:42,539
Point oh nine.
801
00:34:42,539 --> 00:34:44,332
That's not even enough
to be charged in another state.
802
00:34:44,332 --> 00:34:46,126
But he was
driving in this state.
803
00:34:46,126 --> 00:34:48,420
And in California the legal
limit is point oh eight.
804
00:34:48,420 --> 00:34:49,838
- So that means--
Kuzak: Yeah, yeah.
805
00:34:49,838 --> 00:34:51,256
Kuzak: But it's rebuttable.
806
00:34:51,256 --> 00:34:52,632
He passed two
field sobriety tests.
807
00:34:52,632 --> 00:34:54,426
I got a witness who
says he passed all four.
808
00:34:54,426 --> 00:34:56,428
Which witness
happens to be his wife.
809
00:34:56,428 --> 00:34:57,887
Ellen...
810
00:34:58,638 --> 00:35:00,223
I need this.
811
00:35:00,223 --> 00:35:02,726
Now, Stuart Markowitz
is a friend.
812
00:35:02,726 --> 00:35:04,311
He's a good man. He's...
813
00:35:04,311 --> 00:35:07,564
a respected
attorney with no record, Ellen.
814
00:35:07,564 --> 00:35:09,316
I need this one.
815
00:35:11,109 --> 00:35:12,902
I'll give you a wet reckless.
816
00:35:12,902 --> 00:35:14,654
Oh, come on,
the insurance companies
817
00:35:14,654 --> 00:35:16,865
still go crazy with that.
818
00:35:16,865 --> 00:35:18,241
Drive reckless.
819
00:35:19,743 --> 00:35:21,911
I got a witness who says
he took his last drink
820
00:35:21,911 --> 00:35:23,330
just before he got in his car.
821
00:35:23,330 --> 00:35:25,707
I got the best
toxologist in the state.
822
00:35:26,875 --> 00:35:29,044
I've got Judge Matthews.
823
00:35:29,044 --> 00:35:32,422
You've got point oh nine.
824
00:35:32,422 --> 00:35:35,133
Why do you want
to bother with this?
825
00:35:35,133 --> 00:35:37,135
Drive reckless.
But you owe me big.
826
00:35:37,135 --> 00:35:38,720
[sighs with relief]
827
00:35:38,720 --> 00:35:40,764
I owe you very big.
828
00:35:40,764 --> 00:35:43,266
Get out of here. Take your
stupid flowers with you.
829
00:35:43,266 --> 00:35:44,601
You're gonna get me in trouble.
830
00:35:44,601 --> 00:35:45,810
[sighs]
831
00:35:46,478 --> 00:35:47,687
Thank you.
832
00:35:58,740 --> 00:36:01,743
And he never suspected her
until she testified against him.
833
00:36:01,743 --> 00:36:04,371
And suddenly he has
to come up with a new defense.
834
00:36:04,371 --> 00:36:07,582
And the only one he
can offer up to refute
835
00:36:07,582 --> 00:36:11,503
her compelling testimony
was that she must have done it.
836
00:36:11,503 --> 00:36:15,298
Out of desperation in the
eleventh hour, he blames her.
837
00:36:17,967 --> 00:36:19,803
But I want you to remember,
ladies and gentlemen,
838
00:36:19,803 --> 00:36:22,180
who came forward first.
839
00:36:22,180 --> 00:36:24,474
She did.
840
00:36:24,474 --> 00:36:26,351
And remember...
841
00:36:26,351 --> 00:36:30,647
that he was the one who tried
to give away his child.
842
00:36:30,647 --> 00:36:33,942
He was the one who openly
admitted to his best friend...
843
00:36:35,318 --> 00:36:37,987
that he wished
his son were dead.
844
00:36:37,987 --> 00:36:40,573
The bruises...
845
00:36:40,573 --> 00:36:44,202
on that child's chest
matched his thumb prints.
846
00:36:47,622 --> 00:36:50,917
Wayne Lafferty killed
his son, ladies and gentlemen.
847
00:36:50,917 --> 00:36:54,587
He read that newspaper article
and he came up with the idea.
848
00:36:54,587 --> 00:36:59,217
And as much as Elizabeth
Lafferty loved this man...
849
00:36:59,217 --> 00:37:03,763
she simply could not
ignore that awful truth.
850
00:37:03,763 --> 00:37:05,932
And neither can you,
ladies and gentlemen.
851
00:37:09,352 --> 00:37:10,478
Neither can you.
852
00:37:23,658 --> 00:37:27,203
She was the one who was in such
a depression over this baby
853
00:37:27,203 --> 00:37:30,498
that she had to
seek psychiatric help.
854
00:37:30,498 --> 00:37:32,083
She was the one
who sent her husband
855
00:37:32,083 --> 00:37:34,043
out to the garage that night,
856
00:37:34,043 --> 00:37:36,421
giving her time
alone with the infant.
857
00:37:36,421 --> 00:37:38,798
She's the one who suddenly
comes up with a smoking gun
858
00:37:38,798 --> 00:37:41,801
article that police detectives
somehow couldn't find.
859
00:37:41,801 --> 00:37:44,679
And after she comes to the
so called conclusion
860
00:37:44,679 --> 00:37:47,390
that her husband
killed the child...
861
00:37:47,390 --> 00:37:49,392
where did she sleep that night?
862
00:37:50,602 --> 00:37:51,811
With him.
863
00:37:51,811 --> 00:37:54,314
The night before her
surprising testimony,
864
00:37:54,314 --> 00:37:57,150
she is in bed with him.
865
00:37:57,150 --> 00:38:00,695
If she really thought that this
man had killed her son...
866
00:38:00,695 --> 00:38:02,238
her son!
867
00:38:03,698 --> 00:38:06,784
Would she be sleeping
next to him at night?
868
00:38:06,784 --> 00:38:10,288
This is one smart calculating
criminal, ladies and gentlemen.
869
00:38:10,288 --> 00:38:12,874
She killed the baby,
870
00:38:12,874 --> 00:38:16,085
then pretended to cooperate
with her husband at trial,
871
00:38:16,085 --> 00:38:18,421
in order to sink him at a time
when it was too late to react.
872
00:38:21,716 --> 00:38:23,176
She did it!
873
00:38:23,176 --> 00:38:25,303
She killed her son.
874
00:38:27,263 --> 00:38:29,224
And she's trying to
frame an innocent man.
875
00:38:37,732 --> 00:38:38,441
Wow.
876
00:38:40,860 --> 00:38:43,822
You know what
they've just done here?
877
00:38:43,822 --> 00:38:46,491
They have conspired
to create reasonable doubt.
878
00:38:47,909 --> 00:38:49,494
He says she did it,
879
00:38:49,494 --> 00:38:52,539
she says he did it,
they confuse us all.
880
00:38:52,539 --> 00:38:54,916
And we've got
reasonable doubt for both.
881
00:38:54,916 --> 00:38:57,252
This was a masterpiece,
ladies and gentlemen.
882
00:38:57,252 --> 00:38:58,878
Yeah, maybe one of the most
883
00:38:58,878 --> 00:39:01,548
ingenious defense strategies
I've ever seen.
884
00:39:01,548 --> 00:39:04,092
Because they think
if we can't figure out
885
00:39:04,092 --> 00:39:06,302
which of the two did it...
886
00:39:06,302 --> 00:39:08,471
they both have to go free.
887
00:39:10,682 --> 00:39:14,185
Don't be fooled,
ladies and gentlemen.
888
00:39:14,185 --> 00:39:15,353
They came forward with their
889
00:39:15,353 --> 00:39:17,856
Sudden Infant
Death Syndrome Defense.
890
00:39:17,856 --> 00:39:21,734
A defense which, in
and of itself, is appalling.
891
00:39:21,734 --> 00:39:23,611
SIDS is a real tragedy.
892
00:39:23,611 --> 00:39:26,531
It affects thousand
of babies every year.
893
00:39:26,531 --> 00:39:28,700
And they are using it
as a device...
894
00:39:30,159 --> 00:39:32,161
to commit a murder.
895
00:39:32,161 --> 00:39:34,330
And when that device
suddenly falls apart for them,
896
00:39:34,330 --> 00:39:35,748
they suddenly shift strategy,
897
00:39:35,748 --> 00:39:37,709
start to point the
fingers at each other.
898
00:39:39,168 --> 00:39:41,796
They both deserve Oscars.
899
00:39:41,796 --> 00:39:43,673
But they're both liars.
900
00:39:43,673 --> 00:39:45,341
Both killers.
901
00:39:45,341 --> 00:39:48,094
And they deserve
guilty verdicts as well.
902
00:39:50,221 --> 00:39:52,140
They're laughing at
you right now.
903
00:39:53,308 --> 00:39:55,685
Don't give them the last laugh.
904
00:40:08,489 --> 00:40:10,575
Brackman:
This is a little excruciating.
905
00:40:10,575 --> 00:40:12,243
Marilyn: It's really
important that you feel
906
00:40:12,243 --> 00:40:13,786
comfortable with this, Douglas.
907
00:40:13,786 --> 00:40:15,705
Are you feeling any
nausea right now?
908
00:40:17,248 --> 00:40:19,667
- I think I'm okay.
- Good.
909
00:40:19,667 --> 00:40:22,420
Now, I'd like you to
stare at my breasts.
910
00:40:22,420 --> 00:40:24,172
Really?
911
00:40:24,172 --> 00:40:26,799
One of the things we
wanna get from this exercise
912
00:40:26,799 --> 00:40:29,844
is we wanna remove
some of the sensitization
913
00:40:29,844 --> 00:40:32,513
that society has built
up around certain body parts.
914
00:40:33,848 --> 00:40:34,557
Okay.
915
00:40:36,017 --> 00:40:38,144
Good. Very good.
916
00:40:38,144 --> 00:40:41,064
You're doing fine.
917
00:40:41,064 --> 00:40:45,193
Now, tell me exactly what are
you thinking at this moment.
918
00:40:45,193 --> 00:40:46,778
- The truth?
- Mm-hmm.
919
00:40:46,778 --> 00:40:49,113
I'm hoping
I don't become flatulent.
920
00:40:49,113 --> 00:40:51,199
Okay. That's fair.
921
00:40:52,533 --> 00:40:55,036
Now, tell me,
did you and Sheila
922
00:40:55,036 --> 00:40:57,622
look at each other's body parts
when you were making love?
923
00:40:59,040 --> 00:41:00,667
It was usually dark.
924
00:41:00,667 --> 00:41:03,461
Does looking at me
remind you of her?
925
00:41:04,879 --> 00:41:06,172
Not even remotely.
926
00:41:06,172 --> 00:41:07,840
Great.
927
00:41:07,840 --> 00:41:10,718
Douglas, I think
you're doing fantastic.
928
00:41:12,804 --> 00:41:15,932
I'd like to
try something, alright?
929
00:41:15,932 --> 00:41:17,558
What?
930
00:41:17,558 --> 00:41:19,852
I'm going to kiss you.
931
00:41:19,852 --> 00:41:22,438
Just a soft kiss.
932
00:41:22,438 --> 00:41:24,941
No hugging or groping.
933
00:41:24,941 --> 00:41:27,485
Just a small kiss.
934
00:41:27,485 --> 00:41:30,029
Do you think I'm ready?
I'm a little queasy.
935
00:41:30,029 --> 00:41:32,240
Let's give it a try. Okay?
936
00:41:40,164 --> 00:41:41,499
[softly] You alright?
937
00:41:42,041 --> 00:41:43,835
I think so.
938
00:41:43,835 --> 00:41:45,878
Don't be afraid now.
939
00:41:45,878 --> 00:41:48,464
I'm gonna touch
you with my tongue.
940
00:41:48,464 --> 00:41:51,426
Just unclench
your jaw a little bit.
941
00:41:59,726 --> 00:42:01,060
[low groans]
942
00:42:02,145 --> 00:42:03,604
[thudding]
Oh dear.
943
00:42:04,856 --> 00:42:06,524
Stuart.
944
00:42:06,524 --> 00:42:08,484
I just talked to
Michael, that's fantastic.
945
00:42:08,484 --> 00:42:10,236
Yeah. Isn't that great?
946
00:42:10,236 --> 00:42:11,779
Straight reckless.
947
00:42:11,779 --> 00:42:13,156
- No under the influence.
- Mm-hmm.
948
00:42:13,156 --> 00:42:14,198
Over and done with.
949
00:42:14,198 --> 00:42:16,159
Yeah. Over and done with.
950
00:42:16,159 --> 00:42:18,119
So what's the matter?
951
00:42:18,119 --> 00:42:19,829
I was guilty.
952
00:42:19,829 --> 00:42:22,498
Stuart, you weren't drunk.
I was there, remember?
953
00:42:22,498 --> 00:42:24,167
- You were not drunk.
- Honey...
954
00:42:24,167 --> 00:42:25,960
I had three glasses of wine.
955
00:42:25,960 --> 00:42:28,129
That's not what you
can call completely sober.
956
00:42:28,129 --> 00:42:29,338
[sighs]
957
00:42:30,882 --> 00:42:32,925
Markowitz: I was lucky.
958
00:42:32,925 --> 00:42:35,970
I was lucky I had Mike Kuzak who
knows how to work the system.
959
00:42:35,970 --> 00:42:38,890
And I was lucky I had Rosalind
who knows a judge.
960
00:42:38,890 --> 00:42:40,933
And I was lucky I had three
grands so I could buy
961
00:42:40,933 --> 00:42:43,936
the best expert witness
money could buy.
962
00:42:43,936 --> 00:42:45,938
And I was real lucky
some kid wasn't running across
963
00:42:45,938 --> 00:42:47,982
the street when I barreled
through that intersection
964
00:42:47,982 --> 00:42:49,275
with my little buzz on.
965
00:42:49,275 --> 00:42:50,568
Kelsey: Stuart.
966
00:42:50,568 --> 00:42:52,612
The only difference between me
967
00:42:52,612 --> 00:42:54,363
and some drunk you read about
968
00:42:54,363 --> 00:42:57,116
in the newspaper
who kills people...
969
00:42:57,116 --> 00:42:58,743
is that I'm lucky.
970
00:43:06,334 --> 00:43:07,585
Judge Swanson: Madam Foreman,
971
00:43:07,585 --> 00:43:09,504
has the jury
reached its verdict?
972
00:43:09,504 --> 00:43:11,172
We have, Your Honor.
973
00:43:23,893 --> 00:43:25,770
Judge Swanson: Will the
defendants please rise?
974
00:43:29,023 --> 00:43:31,400
In the matter of the
People versus Wayne Lafferty,
975
00:43:31,400 --> 00:43:33,903
criminal complaint
number 6-2-3-9,
976
00:43:33,903 --> 00:43:37,073
we the jury, find the
defendant not guilty.
977
00:43:37,073 --> 00:43:39,408
In the matter of the People
versus Elizabeth Lafferty,
978
00:43:39,408 --> 00:43:42,036
criminal complaint
number 6-2-4-0,
979
00:43:42,036 --> 00:43:45,206
we the jury, find the
defendant not guilty.
980
00:43:45,206 --> 00:43:47,625
Judge Swanson: So, say you all
on both questions?
981
00:43:47,625 --> 00:43:48,918
Foreman:
Yes, Your Honor. So say us all.
982
00:43:48,918 --> 00:43:50,253
Judge Swanson: Members of
the jury, thank you
983
00:43:50,253 --> 00:43:51,337
for your time and service.
984
00:43:51,337 --> 00:43:53,172
This matter is concluded.
985
00:43:53,172 --> 00:43:54,173
You are dismissed.
986
00:43:54,173 --> 00:43:56,050
We are adjourned.
987
00:43:56,050 --> 00:43:58,052
[indistinct chatter]
988
00:43:58,052 --> 00:43:59,637
Mrs. Lafferty, will you
two be filing for divorce?
989
00:43:59,637 --> 00:44:00,847
Excuse us. No comments.
No comments.
990
00:44:00,847 --> 00:44:02,640
Do you really think she did it,
Mr. Lafferty?
991
00:44:02,640 --> 00:44:03,766
Uh, we're very pleased
with the verdict.
992
00:44:03,766 --> 00:44:05,601
And we have no further comment.
Thank you.
993
00:44:05,601 --> 00:44:07,228
Any chance for reconciliation?
994
00:44:07,228 --> 00:44:09,188
Uh, so what now?
995
00:44:09,188 --> 00:44:10,314
Was it a plan?
996
00:44:10,314 --> 00:44:11,691
Are you filing a divorce?
997
00:44:11,691 --> 00:44:14,402
[indistinct chatter]
998
00:44:17,113 --> 00:44:17,822
[camera shutter closes]
999
00:44:25,121 --> 00:44:25,830
[man coughs]
1000
00:44:29,584 --> 00:44:31,961
[pensive music]
1001
00:44:53,357 --> 00:44:55,860
[theme music]