All language subtitles for Law and Order Tbj - 1x05.-.Baby.Boom

911? Is this 911?

Oh, my God! The baby is barely breathing.

- Where is the baby now?
- Marissa!

She's right here.
She's right next to me.

Lay her down and tilt her head back
and see if something is blocking the airway.

Please, you've gotta help me!
Please come quick.

Please, I don't know what to do!
I'm all alone here.

Gently sweep through the baby's mouth
with two fingers.

There's nothing. She's just...

- Oh, my God!
- She's not breathing at all! Help is on the way.

She's not breathing.

Marissa! Oh, my God!
She's dying!

I think she's dying. Please!

- A.D.A. Gaffney?
- Hi.

- I didn't know this was your case.
- Yeah, the child lived in my precinct.

- This is Detective Terrano.
- Hi.

So where do we stand?

The doctor just told me they're taking
the child off life support.

It's gonna be a homicide.

- What else are they saying?
- They want to show us x-rays.

Looks like Shaken Baby.

Retinal hemorrhaging.

You can actually see that the eyes
have slammed against the back of their sockets.

How long would you say she was shaken?

At least 30 seconds, possibly a minute.

But the scan also shows
an acute subdural hematoma.

Brain bleed.

We operated to relieve the pressure,
but the damage was too severe.

She's brain dead.

Well, that couldn't have happened
from just being shaken.

Right, the skull is fractured.

Now, the temporal bone lacerated
the middle meningeal artery.

Could it have been an accident, maybe a fall?

They'll say that, but this was no accident.

The nanny had sole care of Marissa
since 6:30 this morning.

I'll order up some surveillance,
make sure she stays put.

- So you've talked to the parents?
- Single mom.

She adopted Marissa
from China six months ago.

Needed a live-in because of her work schedule.

Enter Katie Nevins from rural Pennsylvania.

- What do we know about her?
- She moved here six months ago.

Told the mother she wants
to be a handbag designer.

- What, in her spare time?
- That was the problem.

This morning, she asked for the day off.

Dr. Downey said no.
They had words.

Dr. Downey? That's her.

Dr. Emily Downey, on staff here.
She's the mother.

She was in surgery when the call
about Marissa came in.

- I told her you were coming.
- Wait, I think that we shouldn't, um...

I think she's saying good-bye.

I wanna talk to that nanny.

- It's that detective again.
- At 1:00 in the morning?

Katie, this is Assistant
District Attorney Gaffney.

You're, like, a lawyer?

Exactly like.

What's going on?

I have some questions to ask you.

Well, I already told him everything,
but whatever...

Actually, I'd like to do it
down at the precinct.

Well, how is my friend gonna get home?
We were gonna take the train together.

I'll be okay.

Come.

How's Marissa?
Is she doing all right?

What do you think?

Law and Order Trial by Jury
Episode 1x05 - Baby Boom

Transcript provided by Raceman
Subtitles: Csivore, Nick Eads, Silverado

www.forom.com
www.lawandorder-fr.com

There was true that your client was in the process
of fleeing the city when she was brought in?

Katie was on her way to Queens
to spend a night with a friend.

Now, last I heard, sleepovers were still legal.

See, this is how the D.A.'s office
distorts things when they don't have a case.

And, believe me, they don't.

Peter Betts.

I'd lay money he leaked that fleeing town
story himself, just so he could refute it.

- Who's picking up his tab?
- The nanny agency.

- Waverly Nannies can afford Peter Betts?
- Their insurance company can.

They get an acquittal,
they avoid civil litigation.

I'm thinking manslaughter
would look reasonable...

... and play against the evil stereotype
Betts is framing us with.

We go paws up because we can't take
being called names in the press?

Mary Poppins is killing babies
over on the upper east side.

Strikes fear into the hearts
of every mother in town.

Tracey, if the baby was just shaken...

nanny's frustrated, doesn't mean
to really hurt her... that's manslaughter.

But when she then smashes the baby's head

because the shaking didn't stop the crying,

that's intent.

There you go, and with intent
you got Murder Two.

And I've got a meeting.
So if you ladies will excuse me.

I thought we agreed on a united front.

I'm sorry.

But I was there.

I saw this baby die in her mother's arms.

This is a murder case.

Well, it's murder if you can prove it.

We can.

Case number 436804.
The People versus Katherine Nevins.

The charge is Murder in the Second Degree.

How do you plead?

Not guilty.

Bail?

Your honor, we ask that Katie Nevins
be remanded pending trial.

Go ahead.

The defendant has no job, no place to live.
In short, no connection to the community.

We have every reason to believe
that she's a flight risk.

Mr. Betts?

Your honor, my client isn't going anywhere.

Now, she is eager to have her day in court...

so she can refute these outrageous claims
and restore her good name.

Counselor, right now, let's focus
on where she'll be sleeping.

Well, my wife and I have
offered her our guest room.

And Katie's mother has taken leave
from her job as a teacher's aide...

... to come and be with her daughter full-time.

Something that she did, by the way,
during the first seven years of Katie's life.

Emily Downey will not have the opportunity
to raise her child, Your Honor.

Okay, enough.

Ms. Gaffney, if Mr. Betts is providing
a place to live and a support system,

bail will be set at $1 million cash.

- A million dollars?
- Uh, the insurance will pay it.

We'll post this afternoon, Your Honor.

- Hey.
- Hey.

- Heard the bad news.
- Yep, she made bail.

No, the bad news.
We got Judge Patel.

Okay.

Make my day worse.

Patel is a ex-legal aid attorney.

He's not D.A.-friendly.

I've seen a case go south with him
on his rulings that had...

a smoking gun, a confession,
and an eyewitness that was a nun.

Great.

And with Katie out on bail,
there's no chance of a plea.

Can we do anything?

Pray the clerk made a mistake
and we didn't get Patel.

Resorting to prayer, huh?

- You religious?
- No.

- Are you?
- I'm Irish. It's mandatory.

So in your statement at the precinct,

you said you took Marissa to the park
that morning and that she might have...

... fallen and banged her head.

She was chasing after these older kids.
And I turned my back for one second,

and she was on the ground.

Well, my point is you didn't
mention this the first time

... you talked to the police at the apartment.

I guess I didn't think
it was that important.

The paramedics are asking you what happened,
and you don't think a head bump is important?

Well, I said she might have.

Well, I would think even the possibility
of the head bump is worth mentioning.

I wasn't really thinking straight.

You know, it's, um,

kind of convenient that you suddenly
remember this fall once you're in custody!

- No, that's not what...
- What?!

They're questioning me for hours.

And I'm just remembering stuff.

Remembering what?
What were you remembering?

What?!

God, I never should have
taken this stupid job.

Are you scared?

Yeah, well, good, you should be.

Yeah.

'Cause right now the D.A.s are high-fiving themselves
over the inconsistencies in your statements.

And they're figuring out all the ways
they can to brand you as a liar.

And that fall in the playground
is way number one!

- But that's not...
- I know it's not.

You ready to go to work?

Let that fear motivate you?

Yeah.

Katie Nevins' driver's license
lists her address as Hastings-on-Hudson.

I'm sure Waverly Nannies
has clients in Westchester.

Maybe she worked there first.

On her application for Emily Downey,

Katie says she just moved from Pennsylvania.

Doesn't say anything about Westchester.

Anytime someone has a reference
and doesn't use it, there's a reason.

I'll run it.

Mind if I tag along?

Don't they keep you
busy enough at the three-one?

I was there at the hospital, remember?
I saw what you saw.

Sure.

We saw Katie on the TV.
It's terrible.

I was gonna call you guys,
but my husband doesn't want to get involved.

So she did work for you.

Live-in nanny.

But only for a few weeks.

Mind telling us what happened?

Well, my sister was gonna move in with us.

We wouldn't need a nanny.

Did she?

So she didn't move in.

And after paying that hefty agency fee,
why'd you get rid of Katie?

I don't like talking about this.
I would feel more comfortable if...

Being uninvolved, I know.

Our firm's attorney said that my experience
with Katie is probably not even relevant.

Why don't we go to his office,
have a little talk with Clarence Darrow?

- Please don't drag him into this.
- Call him on the phone.

Conference in your husband.

We can all talk about how you're avoiding
helping a mother who just lost her child.

She spanked my four-year-old.

Hard.

He had welts.

He found a piece of fabric in her room
and made a cape out of it.

He's four.
He thinks he's a superhero.

I guess it was expensive fabric
for a purse she was designing,

and...he kind of trashed it.

But welts?

We've been looking at
the case law on Shaken Baby,

and typically, these cases
are not Murder Two.

This isn't just Shaken Baby.
The child's skull was shattered.

All the same, you don't think
you're overreaching here?

No, Your Honor,
we honestly don't.

By "we," you mean yourself and Mr. Branch?

The D.A.'s office in general.

Well, the office that Mr. Branch heads
at the discretion of the voters.

Too bad that District Attorney
is not a lifetime appointment.

He would be free of political necessity.
He could make decisions based on the law.

Which is how this decision was made.

Well, I hope so.

'Cause it would be a tragedy to...

... destroy a young girl's life
for the sake of public opinion.

We feel the tragedy here
is the depraved indifference...

... to Marissa Downey's life
displayed by the defendant.

Okay, then.

If you feel you can meet the
burden of proof for Murder Two,

go ahead and try.

Next case.

The autopsy confirmed that the decedent
died as a result of a subdural...

No, Liz, remember,
always refer to her as Baby Marissa.

We need to humanize her
as much as possible.

That's a good point, 'cause I was gonna
call her case number 42325-11.

Okay, give me a break.

I'm dealing with Judge Patel,
who has already made it clear...

he doesn't think we can make Second Degree.

All right, well, I'm here
to make your life easier.

Look what else showed up in the autopsy.

There.

It's a buckle fracture of the right wrist.

A result of the shaking?

Yeah, that's what I thought too.
But, see...

... the bone's begun to knit.

This injury must have occurred
a good six weeks before Baby Marissa's death.

- And no one noticed?
- It happens with infants.

The child can't explain where it hurts
and compensates by using the other arm.

And we already know that Katie
struck the Rawlings kid out of anger,

so if she did this to Marissa...

I'd say you have a pattern of behavior.

Madeline met Marissa while she was in China
working with a group of surgeons...

... who volunteer in underdeveloped countries.

You know, if we use this picture from the orphanage,
we highlight her work with Operation Smile,

That reinforces her as being abandoned.

Jury's not gonna care if her birth mother didn't.

- How about this one?
- Nah, that one looks expensive.

No portraits, unless they're from Sears.

Oh, this one's good.

- Really?
- Yeah.

Every juror's got a picture of their kid
or niece or granddaughter with...

... spaghetti sauce all over their face.

You know, I thought seeing her
in the hospital was bad, but this is...

Exactly.
That's what I want the jury to feel.

Dr. Downey's here.

So the judge'll sit here.

Prosecution will be over there.

And you'll sit here with me.

Where will Emily sit?

Well, she's a witness.
She'll only be allowed in when she testifies.

She'll sit over there.

- What if she freaks out at me?
- No, she won't freak out.

You don't know her.

She may seem all sweet and nice,

but you should see her
when she gets pissed off.

Whoa, whoa, wait a minute.

She gets upset?

I need to know this. Sit down.
Tell me all about it.

Katie started in right away about this woman.

A buyer for Anthropologie who had
agreed to take a look at her designs.

She asked me if I could
come home for an hour that afternoon

or let her drop Marissa at my office.
Apparently, she'd already set up the meeting.

And what did you tell her?

I told her I had surgery.

Maybe if she'd given me more notice.

- And how did she react?
- She started crying.

Begging me.

Asking if maybe a nurse could watch Marissa.
I told her, no, they have their job to do.

- So how did you leave it with Katie?
- I had to go to work.

So...

I left.

I left Marissa there with her. I'm sorry.

- This is just...
- It's okay, Emily.

Showing emotion on the stand
is not a bad thing.

I went back to work three weeks after
I brought Marissa home from China.

I told myself it was the best thing.

Wouldn't it be easier for her to get used to
the routine and the nanny right from the get-go?

But was I really thinking about her?

Okay, stop.

You can't let the defense
get even a whiff of self-doubt.

You're not guilty, Emily.

Katie is.

So based on the defense witness list,
how's Betts gonna play this?

For sure, accidental death.

Katie's stuck with her statement about Baby Marissa
possibly hitting her head on the playground.

And their experts-for-hire will testify
that Marissa's injuries are consistent...

... with a fall and Katie's
attempts to revive her.

And we counter with...

Doctors who went to med schools
you've actually heard of.

Who argue the injuries
couldn't be accidental.

We further destroy their claim of accidental death
by establishing a pattern of violent behavior.

All right.

Whenever Katie feels powerless,
she takes it out on someone less powerful.

Four-year-old Kevin Rawlings
destroyed expensive fabric.

Baby Marissa got in the way
of a really important interview.

Someone get Ravell and Salazar
to see if she had any career setbacks

... six weeks ago that would coincide
with the wrist fracture.

Already done.

They've interviewed Katie's friend.

Eve Walsh says Katie missed the sign-up deadline
and was shut out of a class at the Fashion Institute.

Great.

Now if we can just get
the evidence past Judge Patel.

That just got a lot more difficult.

Motion to quash our subpoena
to Kevin Rawlings, filed by his parents.

Aside from the obvious competency issues,
where is the relevance, Ms. Gaffney?

Well, once Your Honor
hears the witness testimony...

That's not what I asked.
I asked you to tell me...

- As we stated in our brief...
- I read your brief.

If that's all you've got,
I'm going to allow the motion to quash.

Mr. and Mrs. Rawlings, your child does
not have to appear in this matter.

Moving on.

I've taken the liberty of reviewing
the pre- and post-mortem photos of the decedent.

I find them to be unduly prejudicial.

Your honor, Stevens clearly states
that relevant photographs...

Stick it in your appeal file, Ms. Gaffney!

Next...

The admissibility of the wrist fracture,
a previous injury.

You do it.
He's out to kill me.

- Ms. Kibre.
- Your Honor,

Neer states in cases of child abuse,
when the crime occurred in the home,

prior injuries are relevant in establishing
that the death was not accidental.

Mr. Betts, I assume you want to be heard on this.

Yes, Your Honor.

Admission of further injuries would lead to
juror confusion and be prejudicial to my client.

You wanna give me some cases, Mr. Betts?

Well, obviously, the Neer case.

The case that Ms. Kibre just cited?

Yes.

You're gonna have to do better than that.

Based on that argument, I have no choice
but to allow the prosecution's motion.

Reassign me. I'm hurting the case.

- Stop making this personal.
- Patel is making it personal.

Because of me, we lost the Motion to Quash,
the admissibility of the photos.

You missed the biggest thing
that happened in there.

Why did Betts fold on the wrist fracture?
Why didn't he fight us?

- He wants it in.
- Because it works for him.

Stop worrying about Patel
and worry about that.

- If I err on the side of caution...
- Caution?

You're misinterpreting the law.
Stevens is about inflammatory images.

Exclude the autopsy photos,
fine, but to exclude something...

What, a picture of an adorable baby
in the arms of her loving mother?

You're supplying the adjectives, Sam, not me.

Yes, but that's the subtext.

All babies are adorable.
Just as all mothers are loving.

If that doesn't inflame the jury
into a thirst for vengeance,

even if the facts don't sustain the argument...

You're withholding facts.
What the baby looked like healthy...

her size, her weight.

I'll give them measurements.

Where is this coming from?

Certain people are so hell-bent
on trying to turn this...

Certain people?
What, you mean women?

Hey, it might even be a good thing.

You know, a Darwinian advantage.
Mothers protecting their young.

But with women, there is an inability
to be rational when a baby is involved.

Do you know how sexist this sounds?

Well, slapping a label on it
doesn't make it any less true.

Ah, so you're going to personally defend
this girl against vindictive women like me...

... hopped up on estrogen?

I am going to make sure
that she gets a fair trial,

based on the facts.

I very much doubt that.

Well, thank you, Amanda.
You've actually proven my point.

Only one person had the motive and the
opportunity to commit this terrible crime.

Katie Nevins.

We will prove that Katie was frustrated,

panicked that her big opportunity
was passing her by.

The prosecution's job is to convince
you and to prove to you...

... that Katie Nevins killed that little girl.

All I have to do is raise
a reasonable doubt in your minds.

And I can do that.

But I'm gonna go you one better.
After all, a little girl died here.

I'm gonna prove to you
this terrible tragedy was an accident,

and I'm going to prove...
prove to you...

that my client did not cause it.

Thank you.

It cannot prove anything.
It's all smoke and mirrors.

Well, he's not stupid.

He wouldn't have raised expectations
if he didn't think he could deliver something.

What? There are no witnesses.

Katie said in her statement
that she was alone with Marissa,

from 6:00 a.m., when Emily left
until the paramedics arrived.

Well, what if she wasn't alone?

What if, at the last minute, she got someone
to baby-sit for her and something went wrong?

The cops already checked the security tapes
from the Downey building that day.

Yeah, well, now our people
are gonna check them.

We're gonna need coverage of the lobby
and the corridor outside the Downey apartment...

... from 5:00 a.m. to 5:00 p.m.
the day Marissa was murdered.

We maintain coverage
going back eight months.

There's cameras in every public space.

A shame you don't have any footage
from inside the apartment.

I guess for the Paris Hilton stuff,
the tenants are on their own.

That morning, I went into her room...

... and she was in her crib, smiling.

She had this little stuffed panda
that she liked to sleep with.

And she was kissing it, and then
holding it out for me to kiss.

It was a sign to me
of how well she was doing.

What do you mean by that?

She was showing affection.

Feeling attached to her things.

To me.

After a year of institutional care in China,

she was really blossoming.

How was her health?

Her pediatrician and I did a thorough workup.

Marissa was in excellent health.

So, during this exhaustive workup,
did your pediatrician...

detect Marissa's wrist fracture?

No.

- And you're a physician, are you not?
- Objection.

Sustained.

You say you bonded with Marissa rather quickly.

I loved her from the moment I saw her.

And when you say love,
what do you mean by that?

Objection: relevance.

Dr. Downey's never been married.
She doesn't have any other children.

Now, I knew she is a respected
and admired professional.

I'm just trying to understand
if she can separate love from being loved.

Move on.

I call your attention to the People's Exhibit 13.

Do you recognize that?

Yes.

Those are the notes I took
when Katie called me.

The call informing you that your daughter
was gravely ill and being rushed to the hospital.

Yes.

So your daughter's dying,
you have the presence of mind to make notes?

- Objection.
- Withdrawn.

Read the last sentence, please.

"Child non-responsive
to repeated auditory commands."

And by the "child" you're referring
to Marissa, your daughter.

It's a habit.

Referring to Marissa generically as the "child"?

No, it's medical shorthand.

Exhibit 24.

Would you tell the jury what this is?

It's an organ donation form.

- And that is your signature there?
- Yes.

And this time here, I believe,
refers to the time you signed it.

The time you agreed to donate
your daughter's organs.

Can you read that time?

1:37 a.m., November 3rd.

But Marissa didn't actually die
until 8:13 that morning, did she?

No.

So for a good seven hours before that,

you're giving away her eyes
and her kidneys and her lungs.

She was effectively...

Her EEG...

Your daughter isn't even dead yet,
and you're giving away her heart?

- Objection!
- It's standard protocol when...

Withdrawn.

I'm done.

At least two mechanisms were involved
in Baby Marissa's death.

The first, a violent shaking
or swinging of the head.

The second, a severe blow to the head
against a blunt surface.

Now, it is possible that one of these mechanisms
could have occurred accidentally.

But two together in a short space of time,

the chances of that are practically nil.

Thank you.

Doctor, are you familiar with the condition
called "talk, deteriorate, and die"?

Yes.

And in these cases, isn't it true that...

even though these patients suffer severe
head trauma, they continue to behave normally?

It's a very rare condition.

But it happens.

Well, yes, but...

So isn't it possible that Marissa Downey
sustained her skull fracture at an earlier date,

and still continued to walk around
as if nothing were wrong?

Objection.

Calls for speculation.

Your honor, the People
put up this witness as an expert.

I'll allow it.

Please answer the question.

In this case, the likelihood of that...

Is it possible, doctor, yes or no?

The possibility is so remote that I...

Is it possible?

Yes.

Thank you, Doctor.

Oh, one other thing.

You testified that Marissa fractured
her wrist six weeks before her death.

That would be, uh, September 22nd.

I would have to look at a calendar.

Oh, well, I have one.

It's one of those ones
you get at the drycleaner.

Yes, September 22nd,
give or take a few days, sure.

Thank you, Doctor.

Nothing further.

My shift is over.

Nick here can help you out.

You mind? We're on a tight schedule.

Yeah.

This again?

How many times have I got to stare
at the footage of this friggin' corridor?

I mean, first the cops, then that P.I.,
and, what, now you guys?

Whoa...a private investigator
asked you to play this footage?

Yeah, this hallway,
but a different day.

It was, like, six weeks earlier.
Look, I burned the guy a DVD.

Arguments?

Where do I begin?

Apart from the fact that
the footage is inflammatory...

... and prejudicial against
the mother of the victim,

there's also the issue of unfair surprise.

Mr. Betts obtained this footage
a week ago and has been sitting on it.

Mr. Betts, is this true?

No, I only recently
got my hands on a copy...

... and didn't get a chance to watch it
until yesterday, Your Honor.

Ms. Kibre.

Well, unless you have evidence
to refute Mr. Betts' story,

I'm going to have to take him at his word.

With that in mind, I'll allow it.

Then what about the fact
that not only is it irrelevant,

but also too remote in time?

Need I remind you, Counselor, that it was
the People who insisted on having the...

... prior wrist fracture
admitted as evidence.

You made your bed on this one.
I'm calling back the jury.

Now, this is surveillance video recorded in
the hallway outside Dr. Downey's apartment.

Now pay particular attention
to the force this woman uses...

... to grab her child's wrist
and yank her from the elevator.

A desperate mother,
supercharged by adrenaline,

unconscious of her own strength.

And what is the date on this footage?

September 22nd.

September 22nd.

That's the same day that the
Medical Examiner said Marissa...

had fractured her wrist.

I guess a kind I knew
something was wrong.

Marissa had been really irritable.

She was crying a lot.

Unable to get comfortable.

Did you say anything to Emily?

Well, I figured, she's a doctor.

If the baby was sick,
she'd do something.

And the one time I did say something,
she kind of blew it off.

What did you say?

She'd just come home.

It was about 8:00 at night.

Emily always had calls to return,
and she liked it to be quiet.

And Marissa was just
being really fussy, and...

I said she'd been like that all day,
and maybe she was sick.

And how did she respond to that?

She handed me a cookie
and told me to give it to Marissa.

Did you?

All that sugar that late?

Marissa would never have gone to bed.

I guess since Emily was never really there
at bedtime, she didn't realize that...

Objection.

Ms. Nevins, please answer the question.

No, I didn't give her the cookie.

I ate it myself.

One last question.

Just to be clear.

Did you shake Marissa Downey...

... and then slam her head
into a blunt, hard surface,

causing those horrible injuries?

No, sir.

I loved Marissa.

I never would have
done anything to hurt her.

Thank you, Katie.
Nothing further.

What kind of cookie?

I think it was...

Is this relevant?

I'll withdraw the question.

I've already gotten my answer.

Please ignore Ms. Kibre's last remark.

Can you show me exactly where
Baby Marissa was in relation to you...

... when you told the 911 operator,
"She's right here, right next to me"?

Okay, and then the operator told you to tilt
her head back and check the airway?

I just kind of opened her mouth.

Don't tell me. Show me.

And where's the phone?

It was on my shoulder.

Oh, could you show me?

This is an exact match
of Emily Downey's phone.

Okay.

And then the operator told you to take
two fingers and make a sweep of her mouth.

I can't.
The doll's mouth doesn't open.

Oh, well, just do the best you can.

I think I... I must have put
the phone down for that.

- It's all kind of a blur.
- That's okay. Try it again.

Objection. Relevance.

The demonstration of the lifesaving techniques
used by the defendant goes to her credibility.

Objection overruled.

We'll pick up here after a ten-minute break.

We just broke 45 minutes ago.

The son of a bitch is doing this
just to screw up your rhythm.

It's a perfect way to kill a case.

And leave no fingerprints for an appeal.

Yeah?

- You ready?
- Getting there.

Oh, that... that Judge Patel.
He is such a...

I'll bet you he makes his wife
call him Your Honor.

Well, screw Patel.

I'm all about the jury now.

Maybe I let this case get to me.

Maybe we should have gone for manslaughter.

No, Kelly.
You were right to push for Murder Two.

Don't be afraid to be right.

Emily Downey had it all.

A great job, a good home,

a gorgeous child.

And when that child died...

... from her own neglect,

she had the perfect scapegoat.

The nanny.

I want you to use your common sense

Don't believe...

the elaborate, sinister accusations
cooked up by the D.A.

Believe your own eyes.

Now, the only person anyone has ever seen
harm that child is her own mother.

Find Katie Nevins not guilty.

Thank you.

Mr. Betts wants you to believe your own eyes.

And by that, he means the video
footage that he played for you.

Well, that video shows a mother
protecting her own child.

Emily didn't hurt Baby Marissa,

not to the extent that we all
saw on the x-rays...

... and the CT scans.

So who did?

Let's go back to the 911 tape.

Okay, you remember how Katie showed us
how she followed the operator's instructions?

911. Your call is being recorded.

- What's your emergency?
- 911? Is this 911?

Please, you gotta help me.
Oh, my God, she's not breathing.

- Help is on the way.
- Where is the baby now?

Marissa! She's right here.
She's right next to me.

I think she's dying! Please!

Lay her down and tilt her head back
and see if something is blocking the airway.

Please, you've gotta help me!
Please come quick!

Please, I don't know what to do!
I'm all alone here!

Stay calm. Gently sweep through
the baby's mouth with two fingers.

There's nothing, she's just...
Oh, my God, she's not breathing at all!

Stop.

There's no way the defendant had enough time
to follow the operator's instructions.

I could barely get the baby's head back.

She didn't check the airway.

Why?

Because she knew there was nothing blocking it.

She knew exactly what was wrong with that baby.

She had just smashed her head in.

She needed to get to that interview,
and the baby wouldn't stop crying,

so she started shaking her to shut her up!

You heard the experts.

This was no playground incident.
This was no tug of the arm.

This was violent shaking that wouldn't stop!

All right, Ms. Kibre, we get the idea.

Don't worry, Your Honor.
I've only got 25 more seconds.

- Kibre, that's enough!
- Almost done!

Stop immediately,
or I will hold you in contempt!

Katie Nevins didn't give a damn
about Marissa Downey.

Will you?

In the matter of the State of New York
vs. Katherine Nevins,

on the charge of Murder in the Second Degree,

we the jury find the defendant...

... guilty.

No.

- Why are they doing this to me?
- Order, order.

Madam foreperson, take your seat.

Will the clerk please poll the jury?

- Juror number one.
- Guilty.

Juror number one, guilty.

- Juror number two.
- Guilty.

Juror number two, guilty.

- Juror number three.
- Guilty.

Juror number three, guilty.

- Juror number four.
- Guilty.

Juror number four, guilty.

Juror number five...

Criminal Term Part 48 is now in session.

The honorable Samir Patel presiding.

You may be seated.

My duty as a judge is to ensure
that the defendant...

... received a fair and impartial
trial based on the facts,

and any blatant appeals to the jury's emotions
are kept out of the proceedings.

Much to my dismay,

my attempts to fulfill that duty
have been unsuccessful.

Therefore, in the interest of justice,

I have no choice but to vacate
the jury verdict of Second Degree Murder.

And, as a matter of law,
I find no evidence proved...

intent, complicity, or knowledge
beyond a reasonable doubt.

In addition...

I'm taking the unusual step
of dismissing the indictment.

File whatever you like, Ms. Kibre.

Court adjourned.

What does this mean?

This means you can go home.

- We'll file an appeal...
- Which we'll lose.

Patel was careful.

He made sure his ruling
stuck to the letter of the law.

What's the point then?

Well, you never know.

We could turn up some new evidence.

- I'll be gone for a while, so...
- Where are you going?

The Sudan first. And then...

... wherever they need me.

I wish we'd won the case.

You did.

Can't we do something?

You know, just call somebody and try to get Patel
transferred to traffic court in Staten Island,

where he's not playing with people's lives?

Kelly...

Move on.

She has.