All language subtitles for Law.and.Order.S14E17.Hands.Free.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

In the criminal justice system,

the people are represented

by two separate
yet equally important groups:

the police,
who investigate crime,

and the district attorneys,
who prosecute the offenders.

These are their stories.

How many times
have I told you,

put it where you can find it.

What are pockets for?

Now I'm not sure
if I had it with me.

You had it.

Mom, it stinks in here.

Of course it stinks--
it's garbage. Now dig.

I'm so over curry.

You know, you're going
to be grounded

for life if it's
up to your father.

You know how he hates
it when you lose things.

Hey, Mom, look at this.

Oh, my God,
that's a hand!

Okay, just drop it, drop it.
Now!

Ew!
Come on.

He was looking
for his what?

His braces.

They're plastic nowadays.
Removable.

He find 'em?

Not yet. He did, however,
find a hand.

Just one? They usually
come in pairs.

The restaurant says that they
put their garbage out

at 10:00 last night
right after they closed.

It was supposed to be picked up
this morning,

but the carting company
didn't show up.

So the hand could have been
dumped on the pile

anytime the last 22 hours.

Detectives.

Found this in a Dumpster
on Fourth Street.

Oh, God,
don't tell me.

I'm guessing those two
belong to each other.

Hardwick, I need you
to get some help.

I want you to check
every trash can, Dumpster

and garbage bag between First
and Second Avenue,

from Houston to St. Marks.

You kidding me?

Do I look like I'm kidding?

Captioning sponsored by
UNIVERSAL NETWORK TELEVISION

NBC

...AND BROUGHT TO YOU BY
THE STYLISH 2004 TOYOTA CAMRY.

GET THE FEELING.

about 50, five-nine to five
eleven, 190 to 200 pounds.

Dismembered postmortem.

Amputation was done using
a very sharp utensil.

Blood was drained before
the body parts were wrapped.

Sounds like
a neat freak.

Yeah, meticulous,
to say the least.

Cause of death?

No head, no heart,
no way to tell.

Time of death?

Given the cold weather,

I'd say roughly 24 hours before
the first pieces were found.

Absence of rodent feeding
makes me think

they were in the garbage no more
than a couple of hours.

Victim had arthritis.

Both knees had
arthroscopic surgery.

And I'm betting he used a cane.

The palm of his right hand
is callused.

Doctor Rodgers,
you brought your
"A" game today.

You got a home address
for us, too?

No, but smell his hand.

Menthol?

Mentholated propylene glycol.

Pro-pa what?

It's hand sanitizer.

There's a mentholated version
for people with arthritis.

He used some shortly
before his death.

Here we've have the contents
of the garbage bag

from Sixth Street,
where the first hand was found.

That's from
the Fourth Street Dumpster.

The Fifth Street garbage.

And the garbage can
from St. Marks Place
and Second Avenue,

which covers everything
we've found so far.

And?

People from St. Marks Place eat
too much Thai takeout.

Okay, you're not
in the mood.

The bags that held body parts
were all one brand--

'Tough Boy' five gallon.

Not one of your major brands.

But one other
Tough Boy bag

was found in
the Fourth Street Dumpster,

full of nothing but
ordinary household garbage.

But it could be
the victims...
or the killer's.

Or some third party who
just happens to use

the same brand trash bag.

You get any
usable prints?

Nope. Just smears.

Runner's Digest?

Our guy used a cane.

Anybody can dream.

Somebody cut out page 35.

And somebody liked
fruit. A lot.

I like fruit.

Yeah, but when
you buy it, where do you go?

Supermarket?

Heaven forbid.
Fruit stand.

So if this is
the victim's garbage...

With his knees,
he probably shopped
close to home.

There's a whole lot of fruit
stands in the East Village.

What the hell, maybe I can pick
up a couple of Granny Smiths.

Tell ya what, more than once,
I thought about

cracking that numskull
over the head

with that freakin'
cane of his.

What a pain in the culo.

Guy gets one bad apple,

tells me I should give him
a dozen free.

Hey, you know his name?

He's a customer, not
a bowling buddy. Why?

Something happen to him?

What makes you say that?
Wishful thinking.

You know where he lives?

You ever deliver
groceries to him?

This is not

a full-service fruit stand,
Detective.

Strictly cash and carry.

Hey, is that hand sanitizer?

Anti-bacterial.

Flu season--
I can't take a chance.

It won't help.
The flu's a virus.

I haven't had so much as
a sniffle in two years.

That's like taking antibiotics
for a cold,

it's a scam.

You sell this stuff?

Maxson's-Around-the-Corner.

Around the corner where?

That's the name of it.

Maxson's-Around-the-Corner.

Sure, I know Roger. Why?

Do you know where
we can find him?

He lives in the neighb.

In here all the time.

He's like dandruff,
you can't get rid of him.

Roger have a last name?

Obnoxious?

Like it's my fault the price
of coffee went up?

Hey, does Roger Obnoxious

ever pay with a credit card
or a check?

We don't take credit cards,

and we definitely don't take
checks from guys like Roger.

Do you carry
Runner's Digest?

Magazines are in the back
by the pet food.

How'd you know?

How'd he know what?

Roger bought a copy

of Runner's Digest.

Did you remember that

'cause Roger got bad knees?

I remember that 'cause Roger
never bought

anything but skin mags.

Okay, we're looking for a
crotchety 50-year-old

black or Latino pain-in-the-ass
who walks with a limp,

uses a cane and likes to look
at dirty pictures.

And who's training
for the marathon.

Page 35.

The one that was cut out.

Somehow I don't think this guy's
a marathon man.

What's on the other side?

There you go.

What, the ad?

I don't think a guy
with bad knees

who complains about the price
of coffee

is going to be looking at
$300 running shoes.

Not the shoes,
the dude in the shoes.

Now you're telling me
he's got a crush on this guy?

What about the girlie magazines?

Maybe he swings both ways.

Great. So now we're
looking for

a bisexual 50-year-old pain
in the ass

who walks with limp, carries a
cane, and whistles "Dixie"

as he walks down the highway.

His name's Roger Barry.

Haven't seen him in ten years.

And you're right,
he's not a runner.

He was a boxer.

Oh, yeah? What name did
he fight under?

Dad. Daddy Dearest.
The Old Man.

Roger's your father?

My mom finally got tired

of being his punching bag,
and split.

Took me with her.

Haven't seen him since.

If you haven't been
in touch with him

all these years,

how'd he know about
your picture in the magazine?

Called me up
out of the blue.

Said he wanted to know
how I turned out.

So I told him about the ad.

Let him eat his heart out
for a change.

You got an address
for your father?

That much forgive and forget

I was definitely
not interested in.

What's this all about, anyway?

He in trouble?

We're just trying to find him,
that's all.

Sorry.

You got a phone number?

Told me he
didn't have one.

Must've called me
from a pay phone.

What'd your dad do

after he hung up the gloves?

Longshoreman.

Thanks.

The Union's must
have had

to send his pension checks
someplace.

Mr. Barry won't like this.

Of course, he don't like
much of anything.

Say, don't you need
a warrant or something?

We would if we suspected
Mr. Barry of wrongdoing.

Well, he still won't like it.

Hey, Ed.

Yeah.

Does this look like
blood to you?

Yep. I'm calling CSU.

Something happened to that
rat bastard in my building?

It's a little
too soon to tell.

Something happened to him,

I know some people who are
going to start celebrating.

Well, good,
and you're going

to give me their names,
aren't you.

Yeah, apartment 2-E.

Just go downstairs
and read the buzzers.

Whole building
complained about him.

CSU's on their way.

Who complained
the loudest?

Manny Esperanza,
down the hall.

Said Mr. Barry was
stealing his newspapers.

Oh, yeah? Where can
we find this guy?

St. Jude's Hospital.

He's an orderly.

That would give him access

to things that go
cut in the night.

I don't know what happened
to Mr. Barry.

I'm a medical professional.

Yeah. You and Dr. Kervorkian.

He don't work here.

Look, look, I'm on
triple shifts.

I ain't even been home
the last three days.

Talk to my supervisor.

Don't worry, we will.

Why you busting my chops?

Everybody in the building
hated his guts.

Ask his girlfriend.

She's going to say that
everybody hated him?

She'll tell you, the thing
with the newspapers?

He started it.

Course she's deaf, she couldn't
hear what kind of nonsense

was coming out
of his big mouth.

What an unpleasant
personality.

This girlfriend
have a name?

Jennifer something...

Do you know where she lives?

Across the hall from him.

Don't you need probable cause
for a warrant?

You're a judge now?

I'm just saying...

Sorry, Irv. This is
where you get off.

Got a yearbook here.

Cedar Hill Academy.

Shelby... Shelby...

Here she is.

Jennifer Shelby.

Her back in
high school, anyway.

She graduated
from Cedar Hill,
class of '79.

From fancy girls' school
to a crappy one-room apartment?

Maybe we should pay
Cedar Hill a visit.

I think they're on
the Upper East Side.

Hey, Ed.

Whoa.

You can do some serious
damage with that bad boy.

Yeah, like take somebody apart
joint by joint.

Looks pretty clean.

Wait a minute.

There's a little
residue here at
the handle.

Man, CSU's going to get sick
of coming to this building.

Jennifer hasn't been
to any events

since I've been alumni director
at Cedar Hill.

Is that
because she's deaf?

Whatever gave you that idea?

In fact, I spoke to her
on the phone just last month

about the Annual Fund.

Annual Fund? Wait a minute.

The Jennifer Shelby
that we're looking for

lives in a six-story walkup
on East 4th Street.

Are you sure you have
the right Jennifer Shelby?

You know what?
You tell us.

This Jennifer-- our Jennifer--
lives on 63rd and Park.

She's married to Ross Teller.

The real estate mogul?

That's right.
What's this all about?

Are you talking to every
Jennifer Shelby

in New York City?

How many of us
can there be?

This Jennifer Shelby
had a copy

of the Cedar Hill Academy
yearbook, 1979.

You mean, she's
impersonating me

and her name really isn't
Jennifer Shelby.

That's what
it looks like.

How the hell did she get
a copy of the yearbook?

People clean out
their closets--

put things on the street.

What did this person
do, anyway?

She's a suspect in
a murder investigation.

Evan Barry gave us DNA.

The dismembered body is
his father, Roger Barry.

The blood that we found
in Roger Barry's bathtub drain

matches the blood
on the knife

that we found in the fake
Jennifer Shelby's apartment.

And all that blood belongs to?

Roger Barry.

We know where he was cut up
and what he got cut up with.

And the real Jennifer Shelby?

She's as baffled
as we are.

She has no idea who
this other woman is.

We've got plainclothes officers
sitting on her apartment,

just in case she returns.

Whoever she is, she had
to pay the rent.

Only met her once, when she came
in to sign the lease.

Roger Barry referred her.

I can't believe
he's dead. Shocking.

She put down
a security deposit?

Yeah, first
and last month's. Cash.

I remember that.

Nice new crisp new
hundred dollar bills.

How did she pay the rent
every month?

Money order.

Uh, we need copies.

Not a problem.

I hope she's not in trouble.

Hey, she's
the perfect tenant.

Never complains--
not a peep out of her.

Funny. Just get us
the money orders.

Sure, I sold these.

Jennifer Shelby...

Yeah, late 30s, early 40s,

thin, brown hair, deaf.

Oh, the deaf lady, sure.

You seen her lately?

About once a month.

Comes in here, buys one
for rent, one for Con Ed.

I ain't seen her
since last month. Sorry.

All right, man,
thanks.

Hey, wait.

My friend Jaime told me
he seen her at a meeting.

What kind of meeting?
You know, not AA.

What's the other one?
For drugs?

NA? Narcotics Anonymous?

Yeah, that's it.
At the church.

St. Alphonsus Liguri.
Fourth and A.

All right.

You know, we're not allowed
to talk about who's here

and what goes on,
and as far as last names go...

Believe me,
I know the drill.

You a friend of Bill's?

Yep, for many years.

Then you know
my hands are tied.

They're gonna be
in handcuffs in a minute

if you don't
start talking.

This woman's wanted
for questioning in a murder.

Jennifer Shelby?
A murder?

Am I getting through
to you now, Marty?

Well, she's been
at a bunch of meetings.

She's a nice girl
far as I can tell.

She's deaf-- how'd
she participate?

Well, she reads lips.

Somehow she manages.

We offered to get her
an interpreter,

but she wasn't interested.

When was the last
time she was here?

Last week.

By the way,
Mr. Narcotics Anonymous,

how come you know
her last name?

She was handing out
these flyers.

She's got a painting hanging

in this gallery show
down the street.

She never gave me
a contact number. Sorry.

What if you sold
one of her paintings?

I hold the money for
her till she gets in
touch with me.

That's Jenny's.

It's a lot like her--
mysterious, brooding, secretive.

I kind of like it.

I don't know
if I could live with it, but...

My idea of modern art
is Leroy Neiman.

She signed it.
It's dated last month.

You know what, she didn't have

any paints in her apartment--
canvasses, nothing.

A lot of our artists
rent studio space

in the Co-op on Avenue C.

You're in luck.

Jen's been here all day.

She's on a creative jag.

I used to have those,
only I called them benders.

This's Jen's studio.
I'll let you guys be.

Uh, would you mind
unlocking the door?

She's not gonna
hear us knock.

Right, I forgot.

There you go.

Thanks.

How do we get
her attention?

I don't want
to scare her.

Maybe she can feel vibration.

Whoa, wait!

Hey, hey, hey!

All right...

People v. Eli Madison.

Charge is murder
in the second degree.

How does the defendant plead?

Not guilty, Your Honor.

Ms. Southerlyn?

The accused is charged
with murdering

his 50-year-old neighbor
and hacking him into pieces.

I imagine you're
requesting remand.

Your turn, Mr. Archer.

Mr. Madison is a scion
of one of New York's
best known families.

Yes, and I
remember reading

about him in all the papers,

what was it, ten years ago?

Those accusations
were false, Your Honor.

They shouldn't be taken
into consideration now.

The defendant
has been living

under an assumed name.

To avoid the negative publicity
that almost destroyed him.

Jennifer Shelby, Your Honor.

Excuse me, Counselor?
His assumed name

and false identity--
he's been living as
a woman, Your Honor.

Better and better.

Bail is set at $2 million.

Defendant will surrender

his passport.

Next.

Is this the same
Eli Madison

whose wife went missing
ten years ago?

The same Eli Madison

Adam Schiff could never quite
indict for her murder.

Why not?

Because her body
was never found.

Eli claimed she just
walked out on him one day.

She's never
been seen since.

How good a case was it?

The police found traces
of Caroline Madison's blood

in their bedroom,
evidence of a missing rug,

and a dryer full
of freshly washed sheets.

That had to be
quite a sight,

Eli Madison doing
his own laundry.

Eli could never really account
for his movements that day.

Lots of gaps
and inconsistencies,

and his alibi
was his best friend.

And after the story broke

and Madison was questioned by
the police, he fled the country.

Evidence of consciousness
of guilt.

It sounds pretty solid.

Lots of bits and pieces,
but never quite enough.

And the Madisons had clout.

This office has tried
a couple of homicides

without a body, but I wouldn't
necessarily recommend it.

What about this case?

We have a body.
Most of one, anyway.

Unfortunately,
not the parts

that would tell us
cause of death.

What are we missing?

The head, the heart.

We'll have to trust
the jury to draw

the obvious conclusion.

Which may not be
all that obvious

when it comes time
to deliberate.

He's got Al Archer,

who will blow a lot of expensive
smoke up the jury's skirt.

We can handle Archer and
his legions of experts, Arthur.

He also churns

more documents than the Land
O' Lakes girl churns butter.

Let him churn.

The facts don't disappear.

No, but they
can be spun,

along with the jury.

And I'd feel a lot better
if we had a motive.

Well, let the churning begin.

Motion for
a change of venue.

Had I known, I'd have rented

a banquet hall.

Well, because of the nature
of the case

and the difficulty and the
variety of the issues involved,

Mr. Madison has authorized me

to retain cocounsel
on his behalf.

This is Ron Gumer
from Hanson Brackens.

He'll be advising
on matters forensic.

Your Honor.

Madeline Myers from
the Prescott firm.

She'll be dealing
with the DNA evidence.

Sir.
And Professor Enright,
who I'm sure you know,

wrote the book
on venue, literally.

The more the merrier.

I assume this is your party,
Professor.
Thank you, Your Honor.

As we're all aware, the
critical consideration

of the venue provisions
is whether the defendant

can get a fair trial

in the community
in which the
crime occurred.

"Millionaire Murderer."

"Mayflower Maniac."

"Seven-Figure Sadist."

"Wealthy Wife Killer."

As we can see
from these headlines,

a jury in this jurisdiction

cannot possibly approach
this case with an open mind.

The entire jury pool
has been poisoned.

Those headlines
are ten years old.

The case at bar
does not involve

Caroline Madison's
disappearance.

Caroline Madison's family

kept her disappearance
at the forefront

of the city's consciousness
with its very public

wrongful death lawsuit
against our client.

And may I remind

Your Honor that
that case was dismissed

only after six years
of litigation and publicity.

And where would you have me
transfer the case, Mr. Archer?

Suffolk County would be
satisfactory to the defense.

The Hamptons?

Why not hold the trial
in the lounge

of Eli Madison's country club?

Your Honor,
any prior knowledge
of Mr. Madison's

first run-in with the law
can be dealt with on voir dire.

I agree, Mr. McCoy.
Defense motion is denied.

In that case, Your Honor,
I move to preclude any mention

of Ms. Madison's
disappearance.

The People oppose the request.

On what grounds?
You just said,

"The case at bar doesn't involve

Caroline Madison's
disappearance."

Those are your
words, Mr. McCoy.

He's changing the context,
Your Honor.
No, Mr. McCoy.

If it involves
Mrs. Madison's disappearance,

it will not be admissible
in my courtroom.

I analyzed blood

found in the decedent's bathroom

and on the knife found
in the defendant's apartment,

as well as the body parts
found by the police.

How many matches
did you find?

Nine.
Based on
your analysis,

have you reached a conclusion?

The DNA samples
are from the same individual.

The blood on the knife
in Mr. Madison's apartment,

the blood in Mr. Barry's bathtub

and the body parts--
all the same DNA?

Yes.

Specifically, Doctor,

what analytic method
did your lab use?

PCR. Polymerase Chain Reaction.

That's it?

Yes.
You didn't use SNIPS?

Single Nucleotide Polymorphism
Analysis.

No.

Or Short Tandem
Repeat Technology?

No.

Can I ask why?
PCR analysis

is accurate and sufficient.

I didn't think it was necessary

to verify further
with additional modalities.

Mm. Well,
without having conducted

those additional analyses,
can you testify that the results

would be the same?
No, I can't, but...

Nothing further.

Detective Green,
I show you People's Exhibit A.

Do you recognize it?

That's the knife that we found
in Jennifer Shelby's-- uh...

Eli Madison's apartment.

What did you do with it?

Well, we observed some residue

on the knife that
looked like dried blood,

so we followed
standard procedure

to preserve the chain of custody
and protect the evidence

from contamination,
and then we sent it

to the lab to be analyzed.

No further questions,

Your Honor.

Detective Green...
did you do a thorough inventory

of the contents
of the defendant's apartment?

Yes, we did.
And were there
other knives in

the defendant's kitchen?
Yes.

Other sharp knives,
for cooking or whatever?

There was a set of knives
of various sizes,

and a cutting board.
So was this knife,

the one that you just
entered into evidence,

part of that set?
No.

No. How was it different?

Well, that knife
is quite a bit larger,

and the handle
is different.

So this knife
doesn't resemble

any of the other knives
in the kitchen.

No. Not really.

Hm.

I compared the incisions

and markings on the flesh
and bone of the decedent

with the structural
characteristics of the knife.

Could this particular knife have
been used to cut up the body?

Yes. The bone and
flesh incisions

are consistent with the cutting
characteristics of this knife.

"Consistent with."

That's not the same
as "the same," is it?

No.

This knife...

might have been used
to dismember the body.

Yes.
But you can't be sure.

It lacks sufficient
distinguishing characteristics

to make
a definitive identification.

Is there any way

to determine whether
this particular knife

was used to kill Mr. Barry?

Not in this case--
the knife lacks...

sufficient...
Sufficient
distinguishing characteristics.

Thank you.

Oh, by the way, Doctor...

what actually did kill
Mr. Barry?

Was he, in fact,
stabbed to death?

Or shot? Or bludgeoned?

Or did he die of natural causes?

A heart attack? A stroke?

The cause is unknown
at this time.

Why is that?

We don't have enough
of Mr. Barry's remains

to determine with medical
certainty the cause of death.

When you kept Mr. Barry company

on these occasions,
how were you dressed?

As a woman. As Jennifer.

He knew me as Jennifer.

So, what happened
the night he died?

I was in Roger's apartment.

We were watching
a basketball game.

I got caught up in it
and yelled something,

in my real voice.

And Mr. Barry?
He freaked.

He realized
I wasn't really deaf...

that I wasn't a woman.

And why would that matter
so much to him?

Eli?

We'd been... intimate.

So you'd had sex
with Roger Barry?
Yes.

And he still didn't know?

I was good at putting him off
in certain ways.

At deceiving him.

Yes.

Mm.

So he was upset, angry...?

Furious. He hit me over and over
with his cane.

He had a terrible temper.

I was fending him off, and he...

he made this
awful gasping noise.

He dropped his cane,
clutched his chest

and fell down.

Then he turned blue.

I guess he had a heart attack.

I did CPR on him,

it seemed like hours...

but...

So, Mr. Barry is lying there,

dead, despite your best efforts
to revive him.

So, what'd you do
next, Eli?

I panicked.
Why?

I knew what the police
would think.

I couldn't have our relationship

or my life
as Jennifer Shelby exposed,

and I certainly
couldn't go to prison.

I'd never survive.

So I decided
to get rid of Roger's body.

So that's when you went back

to your apartment
to get that knife?

That's not my knife.

It isn't?

I've never seen it before.

Besides, I didn't need one.

Roger kept a metal
cutter in his closet.

So the knife that the police
found in your apartment,

the knife that doesn't match
any of the knives

in your kitchen,
the knife that you say

that you've never seen before,

how did that knife
come to be in your apartment?
I have no idea.

Well, how did Mr. Barry's blood
get on that knife?

I have no idea.

I do.

Objection! Chambers, Your Honor!

Accusing the prosecution
of planting evidence...

I didn't mean

to imply you
personally, Mr. McCoy,

but there is a long list of
people working for the state

who have wanted
Mr. Madison in prison

for the past ten years.

There is no basis
in fact

for these allegations.

I will strike that remark.

You can't unring
the bell, Your Honor.

No, but I can issue
an instruction for the jury

to ignore it,
Mr. McCoy.

Mr. Barry kept a metal cutter
in his closet.

He worked with his hands.
He made his own furniture.

Quite a coincidence

that the knife the police found
in your apartment

has the same characteristics
as the metal cutter

they didn't find.

Do you know why
they didn't find it?

I tossed it into one
of the Dumpsters.

I guess
they didn't look hard enough.

The police also failed
to find Mr. Barry's heart,

which would have proved
or disproved

your story
about a heart attack.

I wish they had.

An autopsy would
have exonerated me.

You should have thought of that

before you cut up
your boyfriend's body.

Objection.

Withdrawn.
You testified

that you dismembered
Mr. Barry's body because, quote,

you "knew what
the police would think."

What were you afraid
the police would think?

Approach, Your Honor?

You've already ruled on this,
Your Honor.

My client is being tried
for the murder of Roger Barry.

Any mention
of his missing wife

is prejudicial
and irrelevant.

I didn't ask Mr. Madison

about his wife's disappearance.

I asked him
about his state of mind.

Your client opened the door,
Mr. Archer.

I'm going to allow it.

What were you afraid the police
would think, Mr. Madison?

That I killed him, too,

just like you think
I killed my wife.

You still think I killed
my wife,

even though you know
you can't prove it.

Your Honor...

Because I didn't do it!

They all think I killed my wife!

But they couldn't prove anything
then,

so that's why
they're setting me up now!

Move to strike:

Unresponsive.

Stricken.

Jury will disregard
the witness's last remark.

Have you reached a verdict?

We have.

On the sole count
of the indictment,

Murder in The Second Degree,

how do you find?

We find the defendant,

Eli Madison, not guilty.

I told you
Archer could blow smoke.

It's like that old saying,

"Who you gonna believe,
me or your lying eyes?"

And they
believed Archer.

Creating reasonable
doubt where none
exists costs money.

And what?

People like Eli Madison
are entitled

to as much justice
as they can afford?

At the end of the day,

all we really proved
was that Eli Madison
cut up a body.

I'm not done with
Eli Madison yet.

What do you have
in mind?

Charging him with
obstruction and tampering?

No. With killing
his wife.

Remember what I said
about prosecuting homicides

without bodies.

If all Eli Madison wanted

to do was avoid
being recognized,

he could have
grown a beard

or shaved his head.

But instead he put
on a wig and a dress.

It must mean something.

Pretzel?

What if he is
a transvestite?

Then some of what
he said on the stand
could be true.

Maybe he really couldn't bear
being found out.

And if that's why
he killed Roger Barry...

Maybe he killed his wife
for the same reason.

Say she found out
his secret.

For a man
like Eli Madison,

living in that
cloistered world
of old money.

Better a murderer
than a cross-dresser.

Exactly.

Delve as deep as you can
into Eli Madison.

Let's find out
how good he was

at keeping his secret.

Here he is.

Eli Peter Madison.

He married Caroline
Gail Thorton

December fifth, 1992.

Divorced her July 14, 1996.

Uncontested.

It's hard
to contest anything

when you've been
"misplaced."

Is that it?

Did you know
he was married before?

No.

1982.

That would have made him 18
or so.

He married a Diane Wharsey,
also 18.

Didn't last long.

Six months.

Happen to have an address?

22 years old.

You got to start
somewhere.

I bought it
with the settlement,

and I've been here
ever since.

We were children.

Of course
it didn't last.

Can I ask you
an embarrassing question?

Can I stop you?

How was your sex life?

We thought it was great.

I mean, what do you
even know at that age?

Did Eli have any tendencies
that weren't... mainstream?

Ms. Southerlyn,
maybe you ought to just stop

beating around the bush
and say what you mean.

Are you asking
was he gay?

We could start there.

I don't think
he really knew

one way or the other.

Now let me ask you a question.

Why are you here?

Eli was acquitted.

We're looking
into the disappearance

of his second wife.

Ah. Caroline.

The case is still open.

And I was just wondering

if he ever talked
to you about it?

He called me from Europe.

He was distraught.

He felt persecuted.

He had to come back

for the trial,
and Dwayne had just died.

Dwayne?

Evans.
His very close friend.

Dwayne had a terrible accident
rock climbing

or something out west.

They had just taken
his deposition

and he was supposed to come back

to New York to testify.

Was this Eli's alibi witness?

Mmm. Eli was
beside himself.

He lost the one person
who could really exonerate him.

Did you know Dwayne?

A little.

He made Eli look
like the poster boy for normal.

How so?

Neurotic, hysterical,

you name it.

And you know, looking back,

he and Eli might
have been lovers.

According to Immigration,

Eli Madison flew back
from Europe

two weeks before
he testified

in the civil suit.

He then flew back
to Europe

the day after the case
was dismissed.

He beat the rap
on that one, too.

His friend
Dwayne Evans died

a week after Eli Madison
came back to the States.

That was an accident.

Evans was hiking
in the back country
near Taos.

Some day-trippers
found his body at
the base of the cliff.

You think Madison
was involved somehow?

When he called
Diane Wharsey

to talk about it,

he told her
he was in Europe.

But he couldn't
have been, Jack.

He was already here.

She misremembers
the conversation.

Why would he kill
his alibi witness?

Diane said that Dwayne
was unstable.

Maybe Eli was worried

about how he would
hold up at the civil trial.

If Dwayne flip-flopped
in court,

Eli might lose
the wrongful death suit.

A criminal trial
wouldn't be far behind.

If you could put Eli Madison
in Taos

at the time
of Dwayne Evans's death,

we might be able to persuade

the New Mexico
medical examiner

to have Evans's body exhumed.

11 airlines flew
into Albuquerque

during that time period.

Checking first class
for those weeks.

No Eli Madison
on any of them.

I can check coach, too.

That's going
to take some time.

Yeah, well, you
might as well.

Maybe he drove to Taos

from Phoenix or L.A.
or Las Vegas.

It's a needle
in a haystack.

What about the family jet?

Isn't there
a small airport
in Santa Fe?

I checked that already.

The Madison Gulfstream
was in St. Bart's
that month.

Well, see what
you can come up with.

I'll come back later.

And if you can't find anything
into Albuquerque,

expand your search.

Wait a minute.

Try Jennifer Shelby.

A Jennifer Shelby flew
into Albuquerque, New Mexico,

three days before
Dwayne Evans had
his accident.

On the same day,

Dwayne Evans rented a car
at the Albuquerque airport

and drove to Taos.

He checked into
the Casa Benitez

in the company of a woman

who matches the description
of Jennifer Shelby.

Eli Madison.

When the cops went to talk
to her about Dwayne's accident,

she'd split.

Vanished into thin air.

With Dwayne Evans dead,

all that was available
for either the civil suit

or a possible criminal case
was his deposition testimony.

Which was Eli's alibi.

Send pictures of Eli Madison
in and out of drag

to the Taos PD.

Ask them to do a photo array
for the people at the Inn.

And file charges-- Murder Two--
for killing Caroline Madison.

We still don't have the body.

Last I looked,

killing a witness
is evidence of the
underlying crime.

With all the
other evidence,

it finally ought
to be enough

to get an indictment.

I'm going to contact
the authorities

in New Mexico.
Have them exhume Dwayne Evans.

They may want
to file charges of their own.

At our request,

the New Mexico
authorities

exhumed and autopsied the
remains of Dwayne Evans.

I compared DNA from skin

taken from under
Mr. Evans's fingernails

to court ordered DNA

taken from
the defendant.

And what did you find?

The DNA matched
at ten regions.

And from that you're
able to conclude...?

The skin under Dawyne Evans's
fingernails was Eli Madison's.

Dr. Faruzzi, what
method did you use

to compare DNA
from the several samples?

PCR analysis.

You didn't use

Restriction Fragment Length
Polymorphism analysis?

RFLP? I didn't need to.

Eight years ago,
if Dwayne Evans's death

had not been ruled
an accident, what method

would the New Mexico

forensics scientists
have used?

Eight years ago RFLP analysis
was state of the art.

And now?

It's hardly
used at all.

There are much
more efficient

and accurate
methods of testing.

Such as?

PCR analysis.

No further questions,
Your Honor.

We were best friends.

I needed to talk to someone.

But why go
in disguise?

Why visit
Dwayne Evans

as Jennifer Shelby?

To protect
Dwayne's privacy.

The police,
the press,

wouldn't leave me alone.

Everywhere I went,
following me, accusing me.

Taking pictures.
Asking stupid questions.

Can you explain
how your skin

got under Dwayne's fingernails?

Yes.

We were lovers.

Did you go hiking
with Dwayne that day?

No.

All right,
so tell us what happened.

We made love
early that morning,

and then Dwayne
left to go hiking

in the Rio Grande
gorge.

He was supposed
to come back by noon.

He didn't come back.

By 4:00, I was worried sick.

By 6:00 I was panic stricken,

and by 9:00 I knew something
terrible had happened to him.

Why didn't you
call the police?

I panicked.

Because of my wife's
disappearance,

I knew they
would have

thought I had
something to do with it.

Dwayne had taken
the rental car.

I was stranded,
I didn't know what to do.

The next morning
I caught an early bus

to Colorado Springs
and flew home.

So you didn't have anything
to do with Dwayne's accident?

Of course not.

I loved him.

More than anyone.

I'm sorry I wasn't
there that day.

Maybe I could have helped him.

You say you could
have helped him.

You don't do well
under pressure,

do you,
Mr. Madison?

I don't know what you mean.

Your friend
Dwayne

doesn't come back from a hike,

you don't call the police,

park rangers,
EMS...

I explained why

I didn't do any of that.

I was under a cloud.

Isn't it true
that when your wife

Caroline disappeared,

it took you three days
to report her missing?

I was away, with Dwayne.

I didn't even know
she was gone.

Of course, Dwayne's not here

to corroborate your story.

Objection.

Sustained.

Withdrawn.

You didn't call
the police

for your friend Dwayne.

It took you three days
to call the police

about your wife's
disappearance.

Mr. Madison, did you
call the police

when your friend
Roger Barry died?

Approach,
Your Honor.

Your Honor, Mr. McCoy
is attempting

to introduce into evidence
facts relating to charges

that my client was
recently acquitted of.

I read the papers, Mr. Archer.

Your Honor,
I'm trying

to establish a pattern
of behavior

on Mr. Madison's part.

Some of his behavior
may be considered

bizarre or
inappropriate,

but not
admissible.

Inappropriate?

He admitted cutting
Mr. Barry's body

into pieces when he died.

Some of the facts,
out of context,

may be so gruesome,
Your Honor,

as to be
prejudicial.

I agree, Mr. Archer.

You may question the defendant
about his failure

to notify the authorities,
but not about

what he did
subsequently.

So, Mr. Madison,

did you call the police
when your friend

Roger Barry
died?

No.

What were
the circumstances

of his death?

He had a heart attack.

A heart attack?
Are you a doctor?

No.

Did you call
an ambulance?

No.
Why not?

I thought
I might be

blamed for what
happened to him.

Just as you thought
you might be blamed

for your friend
Dwayne Evans's accident?

Yes.

Just as you thought
you might

be blamed for
the disappearance

of your wife
Caroline?

Yes.

Blamed for a disappearance,

an accident
and a heart attack?

The police, they were
out to get me!

With three dead bodies,
can you blame them?

Objection.

Withdrawn.

No further
questions, Your Honor.

In that case, Your Honor,
the defense rests.

The People
wish to call

a rebuttal witness,
Your Honor.

Mr. Evans was staying

at our bed and breakfast when he
had his hiking accident.

I remember him very well.

That was eight years ago.

We never had
a guest die

before or since.

You don't forget

something like that,
believe me.

Was he alone?

He was with a woman.

They checked in together.

Do you see that individual
in the courtroom?

Yes... sort of.

The defendant.

You said Mr. Evans
was with a woman.

The police
showed me

some pictures, and
I recognized her.

Then they showed me some
pictures without her wig,

and it was him.

The defendant.

Yes.

Did you see
Mr. Evans

on the day
he had his accident?

I was up early
fixing breakfast

for the guests,
I heard a car start up.

I looked out the window
and saw Mr. Evans drive off.

Was he alone?

There was
someone

in the car with him,
on the passenger side.

Could you see
who it was?

It was too dark.

Did you see
the defendant--

Miss Shelby,
as you knew her--

at any time that day?

A little
after noon,

I saw her get out of a car,

out at the road and walk down

the driveway of the hotel
to her room.

How did she look?

She looked hot,

tired... and very dusty.

Did you see
her again?

No, the next
morning,

I went to change
the sheets

in their room
and she was gone.

His stuff was still
in the room, but not hers.

And then the police came.

They discovered
Mr. Evans's body.

Have you reached
a verdict

in the death of
Caroline Madison?

We have.

On the sole count
of the indictment,

Murder in
the Second Degree,

how do you find the
defendant, Eli Madison?

We find the
defendant guilty.

A homicide conviction
without a body.

It's the prosecutor's
quadruple jump.

I'm not gloating.

Go ahead,
you're entitled.

Guess justice isn't
always for sale.

Not today, anyway.