All language subtitles for s3e11-Monogamy.en

NARRATOR: In the criminal
justice system,

sexually based offenses
are considered
especially heinous.

In New York City,

the dedicated detectives
who investigate
these vicious felonies

are members
of an elite squad known
as the Special Victims Unit.

These are their stories.

You're being ridiculous.
You're being ridiculous.

Excuse me? You practically
got into a fistfight
with the parking guys.

So I'm just supposed
to let them rip us off?

SUVs cost more to park.
Didn't you read the sign?

It didn't say 45 bucks.

That's an entire dinner
at Fort Lee,
including parking.

Now there's gonna be traffic
on the GW.

I hope you had fun tonight.

MELANIE: You obviously didn't.

Kevin.
What?

The door is all wet.

Damn it, I just had it washed.

What did you get on my car?

I don't know.
I got a leaky pipe up there.

I don't know.
MELANIE: What is this?

Oh, God!

(POLICE SIREN WAILING)

That was quick from Queens.

I stayed in the city tonight.

What do we know?

Parking attendant found her
on the second level,

naked from the waist down.

IDed from her purse.
Nicole Manning.

There's no robbery.
60 bucks cash
left in her wallet.

How's she doing?

She's alive,
but it's a real mess.

She conscious?
EMT 1: In and out.

Got bashed in her head
pretty good.

We got a description
on the perp?
Nothing yet.

EMT 2: Better get one quick.

I'll ride.
STABLER: Okay.

CSU says condition
of her blood at the scene

looks like she was attacked
minutes before she was found.

How many stab wounds?

She wasn't stabbed, Detective.

Pressure's dropping.
EMT 2:
Come on, Nicole, stay with us.

Two large-bore IVs,
02, 15 liters,
non-rebreather mask.

She's C-spined,
sinus tach at 150.

Nicole, did you get
a look at him?

EMT 2: She's seizing.
Two of Ativan.

Trauma to the head,
pupils equal,
round and reactive.

Patient sustained
massive abdominal trauma.

Looks like emergency
C-section to me.

This woman was pregnant?

EMT 2: No pulse. Start CPR.

Any sign of the baby?
Not yet.

What the hell
did he do with it?

Sick son of a bitch
must have taken it with him.

Cut was made with a dull
or serrated blade.

Head trauma, multiple
contusions around the abdomen,
like she'd been kicked.

Anything from the rape kit?

Positive for fluids.

What are her chances?
Not good.

Developed an amniotic
embolism.

Clots in her lungs
cut off oxygen to the brain.

Any word on the baby?
Not yet.

Guy could have
dumped that body anywhere.

Or kidnapped it.
Kidnapped?

Well, at this age,
it's viable.

Mother's at 28 weeks,
baby was normal weight,

no apparent complications.

You think it's possible
this baby could be out there
somewhere alive?

It's possible,
but not for long.

She was by herself.
I didn't even think
to go with her.

This is a safe neighborhood.

Who else was up there?

Usually nobody but me.

Then why was she?

Well, Mrs. Manning,
she's a monthly.
She always gets her own car.

Okay, did you hear anything?
Maybe you hear
a woman screaming?

No, no, no. I would have
checked on that.

What about someone
leaving the building?

Maybe carrying a bag
or something wrapped up
in a coat?

No. No, no.

But there's another way down
from the second floor.

The stairs,
they lead onto the back alley.

Hey, what's the latest?

Still waiting
to talk to the husband.
Any leads on the baby?

Got every available cop out
canvassing the neighborhood.

That's him.

Whoever did this,
it was personal.

Can't rule him out.

We were supposed to meet
for dinner at 7:00.

I waited at the restaurant.

She's usually late,
so I didn't worry right away.

CRAGEN:
What about before that?

I was in a session
with a patient.

You're a doctor?
Psychiatrist.
My practice is in midtown.

Dr. Manning,
there's no easy way
to ask you this.

Were you intimate
with your wife
during the past 24 hours?

No. Why?

We think that your wife
may have been assaulted.

We'd like to ask
for a blood sample from you.

Of course. Anything you need.

What did you do when your wife
didn't show up
at the restaurant?

I tried calling her.
And, after an hour,
I went home.

BENSON: Can you think of
any reason that somebody
would want to hurt Nicole?

No.

Nicole was a good person.
She is.

Nicole is a good person.

The doctor said there's still
a chance she'll recover.

Plenty of prints off her car.
After we rule out
the parking staff,

the victim's friends
and family, and every valet
in the city, who knows?

We just might get lucky.
This car's for sale.

We're not gonna get too lucky
if she had people
test-driving it.

What about signs of the baby?

Lot of blood.
Don't know whose yet.

No placenta or cord.
Took everything with him.

Looks like he got in
and out through there.

Cleaned up before he left.

With those slimy antibacterial
hand wipes. He came prepared.

He gets rid of the blood,

Leaves out that door.
It's like nothing
ever happened.

But why take the baby?

Maybe that was the reason
for the attack.

He didn't want the woman dead.
He wanted her to suffer.

BENSON: Husband's
credit card records confirm
he was at the restaurant.

Cell phone records coincide
with the calls he made
looking for his wife.

Preliminary on the rape kit
rules him out anyway.

Husband's AB-positive,
perp's O-negative.

What did latent turn up
in the victim's car?

Just got a solid hit from
prints, interior and exterior.

Kyle Novacek.

Not a complete lunatic,

but did time for assault three
and heroin possession.

Don't really see that kind
of violence with heroin users

unless somebody slipped him a
hotshot and mixed in some PCP,

guy could've gone psycho.

Well, get on him. That baby
might still be alive.

The victim is an RN
at a methadone clinic.
That can't be a coincidence.

But might be the connection
between them.

Hey, Maureen.
Hey.

Dad?
Sweetheart, what's wrong?

Can I talk to you, please?

Come on.

Go ahead. Use my office.

So we'll hit
the methadone clinic. Novacek
could have been a client.

We talk to area hospitals?

No premature newborns
admitted yet, but
the hospitals are on alert.

Well, what did the search
turn up?

The neighborhood canvass
was a complete bust.

Nothing at the airports,
bus terminals. Still waiting
to hear on the PATH trains.

We'll have to
widen the search.
I'll use another phone.

So how's school going,
Maureen?
It's fine.

Yeah? You get your college
applications out yet?

Pretty much.
You're gonna be late.

Okay. Bye, Olivia.

Everything okay?
Yeah.

You ready?

MUNCH: Kyle Novacek?
What, I'm on every
cop's list now?

Third time this year
with you guys.

You wanna be left alone,
don't stab your smack dealer
in the forearm.

I'm working steady now.
I'm clean.

Got nothing to do
with that life anymore.
That all you wanna know?

Not even close.
Where were you last night?

I take a class
at Brooklyn College.

A man of intellect.

What time's the class start?
7:00. Before that,
here till 6:00.

What kind of car you drive?
I don't. Car died last week.

That's a shame.
Looking for a new one?

Gold Ford parked in a garage
a few blocks away,

some interesting fingerprints.

That's the car I looked at.
I saw a sign in the window.

The woman let me take it
for a drive last week.

What, did somebody steal it?
FIN: How'd the program go?

What program?
The methadone treatment.

You know, sometimes they don't
give you enough.

You need a little more
to make it through the day.

What's this all about?
Did she get hurt?

Do you even
remember last night
or were you too loaded?

Look, I already told you,
I saw the car once.
I haven't been back since.

Where is it?
What?

The baby.
What the hell
you talking about?

It's alive, you can still
get out of this
without a broken neck.

You telling me
somebody hurt that baby?
Take the DNA test.

You didn't touch her,
we leave you alone.

I don't have to do that.
Sound like a guilty man to me,
Novacek.

I just know the way
you guys operate.

If you had anything on me,
my ass would be in the back
of your car already, right?

Anything else?

Count on it.

CAROL: You know methadone
client lists are confidential.

We give their names out
to police, they never come in
for treatment.

How about I show you
the ER photos
they took of Nicole Manning?

That change your mind?
Her baby might still be alive,

but we are running
out of time.
I wish I could help.

Well, you do have armed guards
and surveillance videos.

I'm sure not all of your
clients are perfect angels.

Have any of your employees
ever been harassed?

On a daily basis,
but nothing overtly violent.

BENSON: What about
in the neighborhood?

I'd imagine this place
attracts some real winners.

Actually, the only person
we've had a problem with
is another nurse,

Erin Sena.

Nicole found out
she'd been diverting
methadone for herself.

What happened to Erin?

I'm required to report
all incidents to the police.

She was arrested.
She lost her job
and her nursing license.

BENSON: Nice place.

I cleaned up
especially for you.

Your boyfriend
doesn't mind the mess?

Who says I've got a boyfriend?

Come on, a girl like you.
I'm sure you have a few.

You coming on to me?
I'm into that.

Your friend can watch.
All right.

Why don't we start by having
you sit down and answer
a few of my questions?

Okay?

Nicole Manning.
You seen her lately?

Yeah.

We hang out all the time
and have tea.

BENSON: She screwed you over,
didn't she?

Got arrested, lost your job.
She's the reason
that your life sucks, right?

So?
This is what I'm thinking.

You and your boyfriend follow
Nicole Manning
into the parking garage.

You have a fight,
it gets a little out of hand,

your boyfriend goes crazy,
not your fault.

I don't have a boyfriend.

You have to leave now.

STABLER: What's that?
None of your business.

Do you have a son, Erin?

They took him away from me.

They who?

Two cops and some bitch
from Social Services

think they know
how to take care of my own son
better than me.

Must have been jealous
of Nicole.

The woman who took everything
from you, and now she's
having her own baby.

Get out.

You still using? Yeah, we are.

Look, I gotta tell you
that no agency is gonna
give a junky back her kid.

Yeah? Screw you.

That baby needs to be
in a hospital, Erin.

Now, we can help you.

No, you can't.

Nicole pissed off
the wrong person.
Look what happened to her.

Who'd she piss off?

I don't know.
Yeah, I think you do.

Only thing I know is
Nicole asked for it,
and she got what she deserved.

I had nothing to do with it.

Now, get out.

Someone scared the hell
out of her to shut her up.

Partner in crime.

We need to get back in there
and search for signs
of that baby.

Right. Stabler.

We're on it.

CRAGEN:
Take him down to the shelter.
Get him something to eat.

Yeah, thank you very much.

Homeless guy reported it.
Says he didn't
see anybody around.

Where?
Dumpster.

We positive
it's the Manning baby?
Right size.

Decomposition fits
the time frame.

Sorry, Detectives.

What was it?

Little boy.

MANNING: I should probably
make some arrangements,
I don't know.

Am I supposed to get
a birth certificate issued
first before...

You don't have to do anything
right now.

Actually, the Medical Examiner
is gonna need a little time
to investigate.

Well, I'd like to take care
of things before she wakes up.

We know this is
a very difficult time for you,

but we need to ask you
about another nurse

that your wife worked with.
Erin Sena.

Oh, yeah, I know the name.

She tried to get Nicole
to testify on her behalf
at some hearing.

I think the state was trying
to take away her son.

Did she testify?
No.

No, Nicole thought
it was ludicrous
of the girl to even ask.

So what happened?

Well, she screamed
at our answering machine
a few times,

and I wanted to
call the police,

but Nicole
wouldn't hear of it.

She thought
it was unnecessary.

She doing any better?

They performed a hysterectomy.

How do I tell her that
we'll never have a family?

WARNER:
Depressed skull fractures
along the right temporal lobe,

extensive contusions.

Cause of death was a subdural
hematoma resulting from
blows to the head.

Whoever did it did not want
this baby to live.

Perp kicked the mother
before removing the baby.

Could the head trauma
be from the beating?

No way to tell if the injuries
were sustained
in- or ex-utero.

But once the fetus was
aborted, no apparent effort
was made to save it.

How long did he live?

Still trying
to determine that.

If there's a God,
it wasn't long.

Kyle Novacek's alibi
cleared him.

That leaves Erin Sena
as our only suspect,

assuming we can find the man
who was her partner in crime.

I want options. Now, how else
can we get to her?

Probation violation.

She was higher than a kite
when we talked to her.

We haul her in
for a drug test.

Judge made random testing
a requirement
for her probation.

She fails the test,
we got leverage
to make her talk.

Now all we got to do
is find her.

She in methadone treatment?

Her PO says she's a client
at Tenth Avenue
where she used to work.

Well, that's one appointment
a heroin addict's
always gonna keep.

You think we missed her?

She needs her fix.

Could've gotten it
this morning.
No, she's coming.

You want to leave, go ahead.

Or you could just stop being
a jerk and tell me what
the hell's going on with you.

This about Maureen?

I screwed up.
I didn't send in a check
for the Columbia application.

Is it too late?

I don't know.

Elliot, what is this?

I've been distracted.

That's her.

Where you off to?

Oh, just let me go in.

Right after your drug test.
Oh, please, just let me...
Let me just go in!

You tested positive
for heroin.

Fine. Arrest me.

There's no rush, really.
We got, what, 24 hours?

STABLER: Yeah, give or take.

I really, really need
to get out of here, okay?

Yeah, what happened
to your face?

I got hit.

Someone's fist, looks like.

Can I have a soda?
Can you do that?

Soon as you tell us
who you've been
hiding from, sure.

No, no. No way.

Then you're going down
for everything, Erin.

Cutting Nicole
and killing her baby.

STABLER: Trained nurse.
You knew exactly
what you were doing.

It all points to you.

I told you, I didn't have
anything to do with it!

But you're a liar, Erin,
and everybody knows it.

Nicole knew it.

She has everything,
and she comes after me?

Exactly.

She has everything you want,
and you made her pay for it.

I didn't.
Yeah, but someone did.

Who was it? Come on,
your boyfriend? Some junkie
you met on the street?

BENSON: You're afraid
that he's going to hurt you,
just like he did Nicole.

Who're you hiding from?

Who is he, Erin?

Kyle.

Kyle Novacek's your boyfriend.

Hers. Nicole's.

(KNOCKING ON DOOR)

We got a communications
problem, Kyle.

We keep asking you questions,
and you keep Iying.

I didn't lie. I told you
where I was that night.

Half the guys in Sing Sing
got alibis.

Come on, look. Wait a second.

I'll tell you the truth.
We don't care about the truth.

We're gonna take you in
for a little DNA test,

prove you raped her.
That's all the truth we need.

The test's gonna be positive.
Nicole and I made love
that afternoon.

You raped her,
you cut her open.

Then you beat up another woman
to keep her mouth shut.

I knew you'd think
I was guilty.

Well, that's 'cause you are,
you sick bastard.
You killed the baby.

It was mine.

The baby was mine.

Would I do that
to my own child?

STABLER: Where is Novacek?

Crying his eyes out in One.

CSU's looking for the weapon
at his place.

Waiting on the semen match,

and we threw in
a paternity test on the baby.

Doesn't prove he's innocent.

She's seeing Novacek
on the side, gets pregnant,
won't leave her husband,

Novacek decides to punish her.

Or maybe the husband did it.

Novacek says that Manning
was probably catching on.

He never mentioned
anything about it.

Which means he didn't know
or he didn't want us to know.

Ask the wife.
She just woke up.

I remember something
hitting me in the back
of the head, that's all.

I didn't even see who did it.

I woke up here,

and they told me
what happened.

Tell us about Kyle Novacek.

I suppose you know already.
I've been seeing him
almost a year.

Did you see him
the night of your attack?

No.

I saw him earlier
that afternoon.

That's really the only time
we can be together.

I know how bad this sounds.

Had you two argued recently?
You can't think he did this.

Kyle wanted to get married.

STABLER: Did you?

I told him I would,

but everything changes
when you're having a baby.

It's about what's safest,
not what's going to
make you happy.

And you felt it was safest
to stay with your husband.

Did he know about you
and Kyle?

I told him
that I was leaving him

and that the baby wasn't his.

How did he react to that?

I thought he would be angry,

but, at the time,
he was really calm.

Your husband said
that you were meeting
for dinner at 7:00.

Did he know that
you were running late?

I was meeting him at 7:30.

Did Richard tell you 7:00?

Why wasn't the husband
a suspect to begin with?

'Cause none of the evidence
pointed to him.

What do we know
about this guy?

Well, he's a shrink,
so he knows how to mess
with your head.

Not you.

No, you're exactly right.

What's more, psychiatrists
go through four years
of medical school

and a one-year
medical internship.

So he'd know how to do
a crude C-section.

I want Dr. Manning's
alibi broken.

Timewise, it's tight,
but there's room
for maneuvering.

Restaurant receipt says
that Manning
had a drink at 6:59.

The bartender remembers him,
but he didn't see him leave.

Two calls from his cell phone.

One at 7:50, the other at 7:52
to Nicole's cell
and their home.

Now, Manning claims
that he was still
at the restaurant waiting.

Unless he was across town
attacking his wife.

The cell phone company
would have a better idea
of where he was

when he made those calls.
We'll check on that.

Neighbor said Manning got in
before 8:30.

Hour at the restaurant, plus
walking time. It's plausible.

Nicole didn't get
to the garage until 7:20.

Because Richard told her
that they were meeting
at 7:30.

We're thinking that
it's deliberate,

so he'd know exactly where
she'd be and still have time
to set up his alibi.

One hour window, tops.

Crosses the park, attacks her,
cleans up, goes back home.

All because his wife was
carrying another man's child.

Well, you know,
it could've been enough
to push him over the edge.

He was cuckolded.
It's pretty common.
You see it in nature.

The female of the species
seeks out the male

who exhibits
the most desirable traits.

You know, most species
aren't naturally monogamous.

That explains
my entire marital history.

Let's knock off the jokes,
all right? We're talking about
a dead baby here.

All right, his wife cheats
on him. Why not kill her?

Because, you see, in his mind
the problem was the baby,
not his wife.

Get rid of the baby,
get rid of the problem.
His world remains intact.

Well, let's tear it apart.

Start by getting a warrant
for the cell phone company.

Hey.

You know, everybody
in that room is on your side.

But we're not mind-readers,

and if you're not going to say
what's going on with you,
that's fine,

but there's not a whole
hell of a lot we can do.

I know you're on my side.
Elliot, what is going on?

Would you talk to me?

Is there somebody else?
No, it's nothing like that.

To be honest, it'd be easier
if there was. I...

I don't know what this is.

It's... It just never
goes away, you know.

Every case, a little bit
more horrific than the last.

And I go home.

What am I supposed to do,
talk about my day at work?

"Honey, today a guy cut a baby
out of his wife's stomach.
Pass the gravy, please."

So you just don't talk at all.

That's no solution, Elliot.

Well, one of us has to be able
to sleep at night.

She thinks I'm shutting
her out.

You are.
That's exactly what you do.

You keep this up,
you're going to ruin
the best thing you ever had.

The phone wasn't GPS assisted,
so we can't give you
a precise location.

But the call detail record
will tell us which cell site
he used.

How close will it get us?

With all the wireless
companies operating

there are anywhere from
400 to 600 cell sites
all over the city.

Depending on the angle

and the time-distance arrival
of the radio frequency,

sometimes we can narrow
it down to a couple of blocks.

This is it. Cell site 24.

Lincoln Center. Not far from
where Nicole was attacked.

Manning said he made the calls
from the restaurant
in the Upper East Side.

So what's he doing
on the other side of town?

Changing his clothes
most likely.

Manning belongs to a gym
near Lincoln Center.

Signed in at 8:00.

What, he just walked in
wearing bloody clothing?

Cleaned up most of it
at the scene.

The dump site where they found
the baby was on the way.

Gym receptionist said that
he was wearing a long coat
and carrying a duffel bag.

Probably made the calls
to establish he was
looking for Nicole,

showered, and went home.
What'd we find at the gym?

Unfortunately, nothing there
links to the crime scene.

The dumpster was empty,
no regular locker,

and CSU won't even bother
checking the drain traps
on public showers.

Can't blame them.

We canvassing
the cab companies?

He had less than half an hour
to get home.

No.
I don't think he took a cab.

He's been fairly meticulous
so far.

That would be one more witness
he didn't need.

Could he have run?

We clocked it.
Manning had plenty of time.

You both ran it?

Walked it, and we still had
a couple of minutes to spare.

He's got a motive.
He lied about his alibi.

The gym bag could be
at his house. He had to carry
that baby in something.

Along with the murder weapon
and blood evidence.

I'll call Cabot for a warrant.

Doc, I want you in
on this search.
You know how shrinks operate.

Time to give up
your trade secrets.
Okay.

What've you got?
Well, there's no gym bag.

And aside from these
manicure scissors,
there's no cutting instrument.

But this guy is
a piece of work.
You gotta check this out.

His laundry is nicer
than my entire wardrobe.

Folds and labels them.
Whites, colors, dry cleaning.

Anything marked
"bloody clothes"?

He's got enough
personal hygiene products
in here to open his own salon.

All his.

So do I, but that doesn't
make me a murderer.

Everything about him
is all about appearances.

Working out,
this gym equipment.

For some reason,
he has feelings
of being unattractive,

unmanly.

His advantage is that
he's extremely intelligent

as evidenced
by his careful planning.

Ironically, he's probably
a pretty gifted psychiatrist.

I especially admire
his gift for killing babies.

It's a symptom
of the same problem.
He's preoccupied with order.

He thinks
that if he can control
every detail of his life,

then he can become this man
that he wants to be.

His wife wasn't so easy
to control. Look at this mess.

Well, when she threatened
to destroy the order
that he created

then he went to extremes
to get it back.

What's it look like?

We're taking every knife
from the kitchen
back to the lab,

but I'm not hoping for much.

I doubt he brought anything
from the crime scene
back here.

What the hell is this?

It's a search, Dr. Manning.
We'll be out of your way
in a minute.

You can't march in here
and destroy my home.

Yeah, it's a real bite in the
ass, isn't it? All those new
labels you'll have to make...

Those your only set of keys?

Yeah.

Tough.

I need those.

Ramone.
Yeah?

Luminol these for me,
will you?

VARGAS: See, the problem
with blood is,
it gets absorbed by plastic.

Can't wash it off.

What is that supposed to be?

Exactly
what we're looking for.

You remember Dr. George Huang
from our search today?

He's a psychiatrist, too.
This is Dr. Richard Manning.

They brought you in
to shrink the shrink, huh?

Does that make you feel
important?

It just seems unnecessary.
I didn't do anything wrong.

Your wife did though, right?
No.

We were having
marital problems, and we were
working on solving them.

She left you.

I wouldn't say
she was leaving me

so much as going to the man
who fathered her child.

She just thought
that was the best solution
to her problem.

HUANG:
But it was the wrong solution.

And now her problem
doesn't exist because
there is no child.

Well, yes.
BENSON:
Well, actually, Dr. Manning,

Nicole wasn't going to marry
Kyle Novacek.

All she wanted
was to get away from you.

Nicole doesn't know
what she wants.

Apparently she wanted
to have a relationship
with another man. Why?

She probably felt
our relationship was lacking.

Lacking is a real
interesting word.

What is it you were lacking,
Dick?

Challenging my masculinity.

A little amateurish,
don't you think?
HUANG: No.

I think he's challenging
your masculinity because it's
a pretty obvious weakness.

You're a smart guy.

Your problem is
you think you're smarter
than everyone else.

That's why you screw up.

You been to the gym lately?

Yes. I forgot to mention that.
I did go to the gym
that night.

I was very worried
about Nicole, so I left.

Oh, well, there you go,
mystery solved. See, that's
why you're such a genius.

Can't fool you,
not for a second. So, genius,
what I want to know is

how in the hell Nicole
fooled you into believing

you were the father
of her child.

Your wife made you look
stupid, and you
made her pay for it.

I love my wife.

You almost killed her.

No, he killed the baby.

He just wasn't smart enough
to do the job right.

I don't even know
what that means.

Nicole will never have
children again, Dr. Manning,
and neither will you.

STABLER:
You screwed up, smart guy.

You couldn't be
more wrong about me.

All I care about is
my wife and my family.

It ruined everything.

Your wife's child.

Yeah.
And so you got rid of it.

Wouldn't anyone?

Arrest him.

We've got him
for attempted murder
and assault one

for the attack on the mother,
plus abortion one.

And murder.
He killed that baby.

Warner's certain of that?

Baby was alive, now it's dead.
What's the problem?

The problem is whether or not
we can establish

the baby was legally a person.

But how do we do that?

Prove the baby was born alive
according to
New York State Law.

Something that indicates
it took a breath, moved.

If it died while it was
still in its mother's womb,

it technically wasn't
a person, so it's not murder.

If that baby
had been born in a hospital,
it would've lived.

Doesn't matter.

Neo-natacides are notoriously
difficult to prosecute

because the medical evidence
is almost always inconclusive.

Without a witness
stating unequivocally
the baby was a live birth,

I'm just not certain we'd get
a murder conviction through.

Best we can do is illegal
third-trimester abortion.

That's a D-felony.
We'll get more out of
the assault charge.

At seven months, a baby
moves inside of the mother.

The only reason that baby
is dead is because
he bashed its skull in.

Now, I don't care if you
call it a person or not,
that's murder.

That argument
could also be used
to condemn legal abortion.

Do you want me to charge
every doctor who performs
an abortion with murder?

Abortion is different.
It's the mother's choice.

We're not talking about
the mother's rights.

You want to charge
for homicide
with the fetus as victim,

you give the fetus rights.
Do you want to go
down that road?

It's not the same thing.

In the eyes of the law, it is.

Well, the law needs to change.

BENSON: I don't know, EIliot.
You can't have it both ways.

A fetus is either a life
or it's not.

You saw that baby.

Olivia, you saw that baby.

This guy's gonna walk.
And I don't like it
any more than you do,

but this is
very dangerous territory.

And I am not prepared to
dismantle reproductive rights
on an inconclusive case.

We're going to let
a murderer get away
to preserve a political ideal.

I don't even know
what I'm doing here!

Take a break, Detective.

Your ME comes back with
solid medical evidence

the baby was born alive,
we've got something
to work with.

But I will not charge
for murder on the death
of an unborn child.

You and your partner park
yourself in Warner's office

until she hands
over that autopsy.

Alex, unless you've got other
plans, I want you there, too.

Why?
You need solid
medical evidence?

Make sure Warner's got it.

WARNER: Presence of gas
in the stomach,
contracted umbilical cord,

subpleural
and subepicardial petechiae,

partially expanded pulmonary
alveoli, fully-aerated,
crepitant, salmon-pink lungs.

In English?

He took a breath.
Probably more than one.

So, he was a live birth?

That's what I'm saying
in my report.

To be clear, if I'm going
to charge Richard Manning

with the murder of the baby,
that means
I drop the abortion charge

and the attempted
murder charge of Nicole.

We can only have one theory
of the crime.

Either he was trying to kill
his wife or his child.

Meaning we better be
damn sure,
he only goes down for assault.

Neonates decompose at
a faster rate, so there's
an inevitable margin of error.

Which doesn't
do us any favors.

You need to be willing
to testify to a reasonable
degree of medical certainty

this was a live birth.
I am.

I'll supersede
the indictments.

I also performed
a hydrostatic test
on the lungs

in order to determine
if they had been inflated.

Dr. Warner,
you are looking at a guy
who failed biology twice.

I'm a science idiot.
What is a hydrostatic test?

The lungs are placed in water.
If a significant portion
of the lungs float,

it means
they had been inflated,
as was the case here.

So this means the fetus
took a breath?
Yes.

Dr. Warner, will you define

postmortem putrefaction
for me?

It describes the series
of changes that occur
to tissue after death.

Those changes include
the formation of gases,

such as mercaptans
and hydrogen sulfide, right?

Yes.
Let me ask this.

After your initial
hydrostatic test,

did you deflate the lungs,
re-inflate them,
and then repeat the test

to expel any gasses
that may have been present
due to decomposition?

Performing the test twice
is often misleading.

So you probably
didn't do it, then.
Objection.

I'm sure there are plenty
of tests the doctor
did not perform,

none of which are relevant.

Overruled. The witness
may answer the question.

I did not perform
the test a second time.

LANGAN: Okay. You were
probably busy that day,

that's understandable...
Your Honor...

Let's keep up the pace,
Mr. Langan.

Is it possible
the expansion of the lungs

could be attributed
to post-mortem putrefaction?

It is possible, but there
were other factors...

Assume you're right, though,

and the fetus took a breath.

Dr. Warner, tell me,
for a baby to be
considered born,

it has to be completely
expelled from the uterus,
am I right?

Yes.

Is it possible
a fetus can take a breath

while partially expelled

but die before
it is fully expelled?

Yes, it is possible.

Is there any way to determine
when the breath was taken,

assuming it was taken
to begin with?

Short of eyewitness
testimony, no.

LANGAN: But we
don't have that.

Thank you, Dr. Warner.
You've been very patient
with my ignorance.

Tell me that looked worse
than it actually was.

If you think it looks like
we just lost our murder
conviction, you're right.

Warner said exactly
what you wanted her to say,

and you let
Manning's lawyer sandbag her.
Why didn't you stop him?

Because he's right, Detective.

We can't prove how and when
that baby died

beyond a reasonable doubt,

and if you want to blame me
for that, go right ahead.

So we got nothing?

Barring an outright confession
the child was alive,

he gets three-and-half to nine
for the assault, out in two.

Unless he gets off entirely
on extreme emotional distress.

I wish I could do more,
Elliot.

Detective, what a surprise.

Don't say anything.

Please,
start harassing my client.
I'd love a mistrial.

Trevor, leave us alone
for a bit, please.

I'm going to waste my breath
and strongly advise
against it.

Anything you say
is going right to the DA.

Just a few minutes.

Usually my time is worth
$200 an hour.

Not worth much now, is it?

It's a matter of opinion.

You must be pretty proud
of yourself.

Getting everybody
to buy your story.

It's the truth.

Tell me again how it happened,
how you murdered that baby.

You don't actually think
you're going to get me
to confess something, do you?

But that's not why
you're really here, is it?

You're gonna shrink me now?

You want me to?

You're married.
Eighteen years.

Children as well?

Four of them.

Wouldn't you do anything
to protect your family?

Killing a child? No, I don't
see myself doing that.

Maybe not, but you know
what your problem is?

You understand that impulse.

You know exactly
why I did what I had to do.

Protect what you have
by destroying it?

No. I didn't destroy anything.

Think about it.

I didn't destroy anything.

Nicole and I agreed to meet
to try to salvage
our marriage.

I was waiting
at the restaurant,
and all I could think was,

"She's with him.

"She's with him, right now,
and they're laughing at me."

Not very rational thoughts.
Objection.

Put a question mark
on it Mr. Langan.

In your estimation,
as a psychiatrist,

were your thoughts
those of a rational person?

No.

I could only describe it
as a textbook,
total break with reality.

And then suddenly
I was running across the park,
finding her,

and acting solely
on these powerful emotions
that I could not control.

Can you characterize
your state of mind
during that time?

It was as if I was possessed

or being controlled
by someone else.

I look back now,
and I can't believe

what I've done
to the woman I love.

I'm so sorry. I'm so sorry.

No further questions.

People are entering
into evidence
the People's Four.

Defense has no knowledge
of this evidence...

Which my detectives

only just brought to me.
Knock it off.
Bring that over here.

This evidence was not
made available in discovery.
It can't be presented.

This is an extraneous matter
not material to the charge.

The People had no duty
to tender it upon discovery.

I'm letting it in,
assuming Miss Cabot
convinces me it's relevant.

Request a recess
to confer with my client.

So, what,
you can advise him to lie?

He's on the stand,
and he's staying there.
Step back.

Dr. Manning,
you testified that you snapped

because your wife told you
she was having an affair

and that her unborn child
was fathered by another man,

causing you to attack her

and cut the child from
her body. Is that correct?

Yes.

How did you know
she was telling you the truth?

Why would she lie about that?

Were you unable to have
children, Dr. Manning?

I'm capable
of having children.

And were you having sexual
relations with your wife seven
months prior to her attack?

Yes.

But you took her word for it
that she was having an affair?

I knew about that
before she told me.

For how long?

From the beginning?

Close to it.

Then it's fair to say
you would know,

probably, if your wife
was having an affair
with yet another man.

Objection.
That is totally irrelevant.

I think we both know it's not,
Your Honor.

Speak for yourself,
Miss Cabot. Prove relevance
quickly or move on.

Is it all possible your wife
was having an affair
that you didn't know about?

No, absolutely not.

How do you know this?

I am aware of what goes on
in my own house.

So the only two people who
could have possibly fathered
Nicole Manning's child

were yourself
and Kyle Novacek?

She told me it was him.

People's Four.

This is the paternity test
against Nicole Manning's
child and Kyle Novacek,

proving that, in fact,
Mr. Novacek is not the father.

LANGAN: Objection.

CABOT: So the logical
deduction is that
you were the father

of your wife's child,
Dr. Manning.

LANGAN: Whether he was right
or not about the paternity
of the fetus

has no bearing
on his state of mind.

PRESTON: Overruled.

Isn't it probable,
Dr. Manning,

that you were the father
of your wife's child?

I would've known.
How?

How could you have known?

You were so sure he couldn't
have been your child.

But he had to be, Dr. Manning.

There's no other explanation,
is there?
I don't know.

You held your own child
in your hands,

your own living child.

Did he cry?

Did your son cry
before you killed him?

He only cried a little.

He only cried a little.