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NARRATOR: In the
criminal justice system
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00:00:02,703 --> 00:00:06,606
the people are represented by two
separate yet equally important groups,
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00:00:06,673 --> 00:00:08,471
the police who investigate crime
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00:00:08,542 --> 00:00:11,341
and the district attorneys
who prosecute the offenders.
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These are their stories.
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We don't serve
quiche, young miss.
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I hate quiche. Do
you have any coffee?
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Yes. I'll even charge you $3.75 if
it'll make you feel more at home.
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I appreciate that, but no special
treatment required, or foam.
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Just lots of sugar.
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Black's fine.
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What language is that?
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Advanced Chemistry, but
it might as well be Greek.
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Yeah, my boy took that.
Now he's, uh, washing dishes.
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(CELL PHONE RINGS)
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I'm already here. The
question is, where are you?
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Okay.
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Stood you up, huh?
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How much? Oh, coffee's free.
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Conversation's a buck.
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Thanks.
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Anybody need a refill?
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WOMAN: Hmm, yes, please.
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(TIRES SQUEALING)
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(WOMAN SCREAMS) (COLLISION)
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(CAR SPEEDING AWAY)
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You see here, how this
starts out dark and gets lighter?
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That's made by a tire
spinning under acceleration.
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00:01:16,677 --> 00:01:19,556
So you're saying some dude was
just waiting for her to hit his crosshairs?
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Ready, aim, fire.
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Detectives, got a
witness over there.
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Cabbie stopped at a red
light, he saw the whole thing.
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The girl came out of
that diner over there.
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You want to take the diner?
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Yeah, I could use
a cup of coffee.
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00:01:32,926 --> 00:01:33,926
So?
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She seemed like a nice kid.
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You knew her? No.
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She left 2 bucks on a dollar cup of
coffee, which she didn't even touch.
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Doesn't say much
for your coffee.
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00:01:42,269 --> 00:01:44,636
Well, she was supposed
to meet somebody.
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00:01:44,705 --> 00:01:45,798
Did you get an idea who?
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00:01:45,872 --> 00:01:49,809
No, but I overheard her on her
cell phone. I couldn't catch a name.
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Okay, thanks.
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MIGDAL: My guess, back's
broken, skull's crushed.
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She was definitely DOA.
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She doesn't look more than 18.
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Emily Milius, 17 next month.
49
00:02:02,055 --> 00:02:03,648
This might have been her cell.
50
00:02:03,724 --> 00:02:06,193
Well, I guess star-69's
out of the question.
51
00:02:06,259 --> 00:02:07,921
You can still order LUDS.
52
00:02:07,995 --> 00:02:10,692
Gee, we should have
gone to medical school.
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00:02:10,764 --> 00:02:14,292
Anyway, our guy was driving
a Saturn. Green, maybe blue.
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00:02:14,368 --> 00:02:16,701
Emily went to
Rockingham Day School.
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It's a private girls' school
down on Park Avenue.
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00:02:19,072 --> 00:02:21,268
What the hell was she
doing all the way up here?
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00:02:21,341 --> 00:02:24,038
You mean other than
being a crash dummy?
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(WOMAN GASPS)
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No!
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Mrs. Milius? Can I
get you some water?
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Maybe if you sat
down over here...
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Why did this happen?
How did this happen?
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00:03:31,178 --> 00:03:33,613
Oh, my husband is gonna die.
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Can you think of any
reason why your daughter
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00:03:39,765 --> 00:03:42,148
was up in Washington
Heights last night?
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00:03:42,222 --> 00:03:45,852
Washington Heights?
No. No. She was with Blair.
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00:03:45,926 --> 00:03:48,589
She called me from
there. Gramercy Park.
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00:03:49,730 --> 00:03:50,891
Was it a drunk?
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00:03:50,964 --> 00:03:53,798
We're not sure yet.
Oh, this is not good.
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00:03:53,867 --> 00:03:56,029
This is not good at all.
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00:03:56,103 --> 00:03:58,299
When Ronald
comes home tonight...
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Oh, God, what a mess!
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00:04:01,074 --> 00:04:03,771
Oh, Mrs. Milius, we're gonna get
somebody to take you home, okay?
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00:04:03,844 --> 00:04:04,937
(SOBBING) Yeah.
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ALSTON: I wonder,
should we close the school?
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00:04:14,321 --> 00:04:17,985
That would be up to you. The
City does provide grief counselors.
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00:04:18,058 --> 00:04:21,654
Yes. Well, naturally, we'll
take care of that ourselves.
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00:04:22,963 --> 00:04:24,761
How can I help?
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We were wondering if Emily
had a friend named Blair.
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00:04:28,969 --> 00:04:31,768
Blair Silverman. Yes,
they were very close.
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00:04:33,073 --> 00:04:35,065
Why do you ask? I thought
this was a hit and run.
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00:04:35,142 --> 00:04:37,634
Well, we have to
cover all the bases.
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00:04:37,711 --> 00:04:39,655
ALSTON: Surely, you don't
think this was done on purpose.
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00:04:39,679 --> 00:04:40,840
We don't know yet.
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00:04:41,414 --> 00:04:42,746
Well, I do.
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Rockingham is one of the
finest schools in the city.
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00:04:46,319 --> 00:04:50,518
And Emily wasn't just popular,
she was gifted, generous.
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00:04:50,590 --> 00:04:54,322
No offense, ma'am, but I don't think
she was uptown handing out turkeys.
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00:04:54,928 --> 00:04:57,261
I know what you're insinuating.
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00:04:57,330 --> 00:05:00,164
Emily was the captain
of our lacrosse team.
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00:05:00,700 --> 00:05:04,467
Her biggest problem was
deciding between Yale and Harvard.
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00:05:04,538 --> 00:05:06,268
There is no way
she was on drugs.
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00:05:06,339 --> 00:05:08,570
ED: Of course not. Her
friend, Blair Silverman?
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00:05:08,642 --> 00:05:10,282
We were wondering
if we could talk to her.
95
00:05:10,610 --> 00:05:11,976
Of course.
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00:05:12,646 --> 00:05:15,639
Emily's mom said you
two were pretty tight.
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00:05:16,249 --> 00:05:17,717
Like sisters.
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00:05:18,451 --> 00:05:21,944
Caroline, I mean, Mrs.
Milius, was my second mom.
99
00:05:22,022 --> 00:05:24,287
So you and Emily were
out together last night?
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00:05:24,357 --> 00:05:25,935
I've been grounded
for the past six weeks
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for staying out
all night at a rave.
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00:05:28,261 --> 00:05:30,162
Mom number one didn't like it.
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00:05:30,230 --> 00:05:31,755
ED: Ecstasy, huh?
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00:05:32,866 --> 00:05:34,858
What's going on?
Are you two narcs?
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00:05:34,935 --> 00:05:38,929
We're just wondering why Emily would tell
her mom she was with you in Gramercy Park
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00:05:39,005 --> 00:05:41,406
when she was up on 187th street.
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00:05:41,474 --> 00:05:44,638
Look, we did E maybe twice.
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00:05:45,011 --> 00:05:47,071
It's not like we're
druggies or anything.
109
00:05:47,147 --> 00:05:49,844
It's actually perfectly
age-appropriate. Ask any shrink.
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00:05:50,517 --> 00:05:53,419
Anyway, if Emily wanted to
score, there were other ways.
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BRISCOE: For instance?
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00:05:54,554 --> 00:05:57,285
Maddi Donlou. You
know, one of our tokens.
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00:05:58,625 --> 00:06:00,116
Poor people.
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00:06:00,227 --> 00:06:02,321
She lives uptown someplace.
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00:06:06,399 --> 00:06:09,836
I really liked Emily,
respected her.
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00:06:09,903 --> 00:06:12,634
We were friends, I mean...
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00:06:13,039 --> 00:06:16,476
It's just that she wasn't doing
so well in Advanced Chemistry.
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00:06:16,543 --> 00:06:17,543
She asked me to help.
119
00:06:17,611 --> 00:06:21,139
It's a long way to go for some
lab notes. I'm not buying it.
120
00:06:21,214 --> 00:06:25,049
If you didn't want your dad to know
that you're about to fail, you would.
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00:06:25,118 --> 00:06:30,056
Her father's some kind of bigwig
at a pharmaceutical company.
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00:06:30,257 --> 00:06:33,716
She was supposed
to walk in his shoes.
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00:06:33,827 --> 00:06:36,626
What about boyfriends?
Was she seeing anybody?
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00:06:36,696 --> 00:06:39,029
Todd Block. He's at Stanford.
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00:06:39,099 --> 00:06:41,864
Stanford? That must've
made her dad smile.
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00:06:42,535 --> 00:06:43,628
She wished.
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00:06:43,703 --> 00:06:47,697
Mr. Milius wouldn't even let
Emily see Todd over Thanksgiving.
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00:06:48,942 --> 00:06:50,968
I really... I have to go.
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00:06:51,044 --> 00:06:52,044
ED: Okay, thank you.
130
00:06:54,614 --> 00:06:57,584
Emily was smart, rich, pretty.
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00:06:57,651 --> 00:07:00,644
Getting dumped by a girl like
that would sure piss me off.
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00:07:00,720 --> 00:07:04,316
Well, let's go see the mom, see
if she's in a more talkative mood.
133
00:07:05,525 --> 00:07:07,153
In other words,
you have nothing.
134
00:07:07,227 --> 00:07:08,525
It's a drunk driver, Ronald.
135
00:07:08,595 --> 00:07:10,530
It's not like they're
gonna find fingerprints.
136
00:07:10,597 --> 00:07:12,122
Your wife has a point, sir.
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00:07:12,198 --> 00:07:14,565
MR. MILIUS: Do we actually
know it was a drunk driver?
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00:07:14,634 --> 00:07:16,212
Okay, hit and run,
what's the difference?
139
00:07:16,236 --> 00:07:17,761
There's a difference!
140
00:07:21,408 --> 00:07:22,740
I'm sorry.
141
00:07:23,009 --> 00:07:24,773
This whole thing,
you can't imagine.
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00:07:24,844 --> 00:07:26,278
BRISCOE: Actually, I can.
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00:07:27,113 --> 00:07:30,049
You don't know who
to be mad at, do you?
144
00:07:30,116 --> 00:07:32,395
Uh, if you don't mind, we'd
like to ask you some questions
145
00:07:32,419 --> 00:07:34,354
about Emily's boyfriend.
146
00:07:35,088 --> 00:07:36,249
She doesn't have one.
147
00:07:36,323 --> 00:07:38,918
What does that have
to do with anything?
148
00:07:39,059 --> 00:07:40,618
You don't think this
was an accident?
149
00:07:40,727 --> 00:07:43,492
There is some evidence
that it might not be.
150
00:07:43,930 --> 00:07:46,661
Oh, my God. ED:
Somebody named Todd?
151
00:07:47,100 --> 00:07:49,433
No. There's no way
Todd would hurt her.
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00:07:49,669 --> 00:07:51,900
Mr. Milius, we heard that
you didn't care for him.
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00:07:52,405 --> 00:07:54,169
She was only 17.
154
00:07:54,641 --> 00:07:56,735
What was he doing with her?
155
00:08:00,347 --> 00:08:03,340
I ain't saying he killed her, but there
was something off about that guy.
156
00:08:03,416 --> 00:08:04,475
Off, how?
157
00:08:04,551 --> 00:08:06,645
It was like he wanted
it to be a drunk driver.
158
00:08:06,720 --> 00:08:07,964
You checked the boyfriend
out? (CELL PHONE RINGS)
159
00:08:07,988 --> 00:08:10,685
He hasn't been on a plane
since the semester started.
160
00:08:10,757 --> 00:08:13,488
I think you're way
off base. Briscoe.
161
00:08:14,160 --> 00:08:15,890
Sure. Where?
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00:08:16,162 --> 00:08:19,132
Half an hour. Hey,
maybe not that far off base.
163
00:08:19,232 --> 00:08:22,327
Ronald Milius wants
to talk with us privately.
164
00:08:23,737 --> 00:08:25,715
MR. MILIUS: It's just that
Caroline would never understand.
165
00:08:25,739 --> 00:08:27,537
I'm not sure we do, either.
166
00:08:27,640 --> 00:08:30,906
I'm the CFO of a
Fortune 500 corporation.
167
00:08:30,977 --> 00:08:33,139
I personally audited the
books of my company,
168
00:08:33,213 --> 00:08:34,875
Frasier & Frasier
Pharmaceuticals.
169
00:08:34,948 --> 00:08:37,179
Which is just two baby
steps away from bankruptcy.
170
00:08:37,250 --> 00:08:39,014
Because of you? No.
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00:08:39,586 --> 00:08:42,021
The CEO and the
rest of his foursome,
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00:08:42,122 --> 00:08:44,182
they're being investigated
for illegally pocketing
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00:08:44,257 --> 00:08:45,657
hundreds of millions of dollars.
174
00:08:45,725 --> 00:08:48,593
And you have evidence
incriminating them?
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00:08:48,661 --> 00:08:52,154
The Feds promised me if I cooperated,
my name would be kept out of it.
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00:08:52,232 --> 00:08:54,428
Do you think they killed
Emily to shut you up?
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00:08:54,501 --> 00:08:57,300
You're the ones that
said it wasn't an accident.
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00:08:57,370 --> 00:08:59,669
Who else would want to hurt her?
179
00:09:00,974 --> 00:09:02,374
I shouldn't even
be talking to you.
180
00:09:02,442 --> 00:09:04,536
Mr. Milius, we're not done.
181
00:09:06,413 --> 00:09:07,990
You'd think if they
wanted to keep him quiet,
182
00:09:08,014 --> 00:09:10,347
he'd be the one facing
the front end of a Saturn.
183
00:09:10,417 --> 00:09:11,783
It's too obvious.
184
00:09:11,851 --> 00:09:14,082
He still has his
wife to worry about.
185
00:09:14,621 --> 00:09:15,714
Yeah.
186
00:09:16,456 --> 00:09:19,585
Okay, good. Do me a favor,
send that over to Forensics.
187
00:09:19,659 --> 00:09:21,218
All right, thanks.
188
00:09:21,294 --> 00:09:24,059
Parking Violations, they just
found an abandoned green Saturn.
189
00:09:24,164 --> 00:09:27,157
Let me guess, there's
a dent in the front end.
190
00:09:27,901 --> 00:09:29,111
ED: Tell me
something good, Borak.
191
00:09:29,135 --> 00:09:31,536
My kid got a B+ in Spanish.
192
00:09:31,905 --> 00:09:33,999
Oh, you mean about the car.
193
00:09:34,074 --> 00:09:35,201
That's an A.
194
00:09:35,275 --> 00:09:37,904
Fibers from the grill matched
fibers from your girl's sweater.
195
00:09:37,977 --> 00:09:40,242
Prints? More than you
can shake a stick at.
196
00:09:40,313 --> 00:09:41,576
ED: Hey, life is good.
197
00:09:41,648 --> 00:09:43,139
Life is great.
198
00:09:44,317 --> 00:09:48,277
Car's registered to a Diane
Payton, 237 East 13th Street.
199
00:09:52,225 --> 00:09:53,591
MRS. PAYTON: Emily Milius?
200
00:09:53,660 --> 00:09:55,652
No, I don't think I know her.
201
00:09:55,728 --> 00:09:59,028
And you weren't up in
Washington Heights last night?
202
00:09:59,099 --> 00:10:01,933
I work in a greeting
card store in the Village.
203
00:10:02,001 --> 00:10:04,664
That'd be over an hour on
the subway during rush hour.
204
00:10:04,737 --> 00:10:06,228
Not if you had a car.
205
00:10:06,306 --> 00:10:07,306
Two hours, then.
206
00:10:07,373 --> 00:10:09,638
Well, your car's a green
Saturn, isn't it, Mrs. Payton?
207
00:10:09,709 --> 00:10:11,149
Oh, my God. There's
been an accident?
208
00:10:11,177 --> 00:10:12,611
Please don't tell
me Danny was hurt.
209
00:10:12,679 --> 00:10:13,679
Danny?
210
00:10:13,746 --> 00:10:16,147
My son. He's had the
car the last couple of days.
211
00:10:16,216 --> 00:10:17,514
Oh, my God. He's hurt.
212
00:10:17,584 --> 00:10:18,779
No, no.
213
00:10:18,852 --> 00:10:21,219
We think he may have
witnessed a hit and run.
214
00:10:21,287 --> 00:10:24,519
Uh, if you could give us his
address, we'd like to talk to him.
215
00:10:24,624 --> 00:10:26,388
Oh, okay.
216
00:10:27,260 --> 00:10:28,260
(KNOCKING)
217
00:10:28,428 --> 00:10:29,794
Mr. Payton.
218
00:10:31,297 --> 00:10:33,198
Danny Payton, police.
219
00:10:33,266 --> 00:10:34,461
Do it.
220
00:10:38,771 --> 00:10:40,034
If you don't mind.
221
00:10:40,106 --> 00:10:42,701
Who is this guy,
Frosty the Snowman?
222
00:10:44,210 --> 00:10:45,210
Ed!
223
00:10:47,580 --> 00:10:49,776
He's Frosty, all right.
224
00:10:58,258 --> 00:11:01,194
ED: All the windows in this
guy's apartment were wide open.
225
00:11:01,261 --> 00:11:02,559
So he liked fresh air.
226
00:11:02,629 --> 00:11:06,157
That, or we're dealing with somebody
with experience in the Forensic arts.
227
00:11:06,232 --> 00:11:09,259
The M.E. couldn't use body temp
to approximate the time of death.
228
00:11:09,335 --> 00:11:10,335
Murder weapon?
229
00:11:10,403 --> 00:11:12,736
We found a carving
knife in the dish rack.
230
00:11:12,805 --> 00:11:14,899
Well, at least
our bad guy's tidy.
231
00:11:14,974 --> 00:11:17,102
Danny Payton's prints
were all over that car.
232
00:11:17,177 --> 00:11:19,646
You're thinking Danny
was hired to hit Emily Milius?
233
00:11:19,712 --> 00:11:22,307
And whoever hired him,
decided he was no longer useful
234
00:11:22,382 --> 00:11:24,248
to Frasier & Frasier
Pharmaceuticals.
235
00:11:24,450 --> 00:11:26,146
Is there proof of any of this?
236
00:11:26,219 --> 00:11:27,551
Danny didn't have a record.
237
00:11:27,620 --> 00:11:30,112
Yeah, we'd check his LUDS,
but he didn't have a phone, either.
238
00:11:30,190 --> 00:11:33,422
He certainly doesn't sound
like someone I'd hire for a hit.
239
00:11:33,726 --> 00:11:34,887
Talk to people who knew him.
240
00:11:34,961 --> 00:11:36,930
His super said he
never got any visitors.
241
00:11:36,996 --> 00:11:40,558
Well, maybe his mother kept
tabs on his social schedule.
242
00:11:41,935 --> 00:11:45,770
After the morgue, I didn't know
what to do, so I went to work.
243
00:11:47,574 --> 00:11:49,543
Mr. Lawson sent me home.
244
00:11:50,910 --> 00:11:52,242
Who would...
245
00:11:52,745 --> 00:11:56,512
We thought if you could tell us
the names of some of his friends...
246
00:11:56,616 --> 00:11:57,777
I don't know.
247
00:11:58,918 --> 00:12:00,409
I mean, Danny,
248
00:12:02,188 --> 00:12:04,157
he was, kind of, a loner.
249
00:12:06,626 --> 00:12:09,425
This is my fault.
I didn't like to pry.
250
00:12:10,263 --> 00:12:13,358
We had breakfast
yesterday before work.
251
00:12:14,834 --> 00:12:17,497
Since Danny's dad left us...
252
00:12:17,570 --> 00:12:19,198
When was that?
253
00:12:19,272 --> 00:12:20,797
MRS. PAYTON: When Danny was 12.
254
00:12:21,307 --> 00:12:25,176
Every week we've had
at least one meal together.
255
00:12:27,714 --> 00:12:30,377
If he was in trouble,
I should have known.
256
00:12:30,450 --> 00:12:32,510
He should have been
able to talk to me.
257
00:12:32,619 --> 00:12:34,144
I don't think it would
have mattered.
258
00:12:34,220 --> 00:12:37,486
I don't make much money,
but if he owed someone...
259
00:12:37,557 --> 00:12:40,288
ED: What makes you
think that he was in debt?
260
00:12:41,527 --> 00:12:44,691
Twenty-one-years-old and
still making minimum wage.
261
00:12:50,103 --> 00:12:51,628
CHUCK: As far as I
know, there's no law
262
00:12:51,704 --> 00:12:53,282
that says I have to
employ crack addicts.
263
00:12:53,306 --> 00:12:54,450
You're sure he was on the stuff?
264
00:12:54,474 --> 00:12:57,000
Man, crack, uppers,
downers, what do I know?
265
00:12:57,076 --> 00:12:58,387
You know, he should
have been smarter
266
00:12:58,411 --> 00:13:00,937
than to do that stuff in front
of my place of business, here.
267
00:13:01,014 --> 00:13:02,625
Hey, Cazzie, give me
that. I'll tell you something.
268
00:13:02,649 --> 00:13:04,550
I thought the guy was
gonna work out, too.
269
00:13:04,617 --> 00:13:07,212
You know, he's kind of nice,
polite, worked his butt off.
270
00:13:07,287 --> 00:13:09,654
Then one day he's, like,
whacked out of his skull.
271
00:13:09,722 --> 00:13:12,468
He scared two of my customers out of
here before they even got out of the car.
272
00:13:12,492 --> 00:13:15,394
But when he was sober, did
he ever mention any friends?
273
00:13:15,461 --> 00:13:16,952
No. We never
got that close, sir.
274
00:13:17,030 --> 00:13:19,864
Cazzie... Excuse me.
Cazzie, what is this?
275
00:13:20,500 --> 00:13:22,935
You got a habit to
feed but you're busted.
276
00:13:23,002 --> 00:13:24,740
All you have to
do is run down this
277
00:13:24,764 --> 00:13:27,030
anonymous girl and
you're back on cloud nine.
278
00:13:27,106 --> 00:13:29,200
Maybe the M.E.'s
got something by now.
279
00:13:29,275 --> 00:13:33,713
Seven stab wounds,
most likely made by this.
280
00:13:34,614 --> 00:13:36,776
No defensive wounds.
Nothing under his nails.
281
00:13:36,849 --> 00:13:38,750
Nobody just lies
there and takes it.
282
00:13:38,818 --> 00:13:40,013
Somebody sleeping would.
283
00:13:40,086 --> 00:13:41,645
Or somebody
stoned out of his mind.
284
00:13:41,721 --> 00:13:43,656
No, not this guy.
285
00:13:43,723 --> 00:13:46,056
Tox screen was negative.
286
00:13:46,826 --> 00:13:49,557
I don't know. This many stab wounds
usually means a crime of passion.
287
00:13:49,629 --> 00:13:51,723
Or somebody wanted
it to look that way.
288
00:13:51,798 --> 00:13:52,993
No, I don't think so.
289
00:13:53,399 --> 00:13:56,733
These two are superficial.
What we call hesitation wounds.
290
00:13:57,470 --> 00:13:59,132
Not only was your
bad guy not a pro,
291
00:13:59,205 --> 00:14:01,572
he wasn't sure he wanted to
do what he was about to do.
292
00:14:01,641 --> 00:14:03,337
Well, he eventually
made up his mind.
293
00:14:03,409 --> 00:14:04,409
ED: Is this his?
294
00:14:04,477 --> 00:14:06,241
Yeah. It's on its
way up to Forensics.
295
00:14:06,312 --> 00:14:08,406
This is a self-winding watch.
296
00:14:08,481 --> 00:14:10,245
And it stopped at
5:00 p.m. yesterday.
297
00:14:10,316 --> 00:14:13,809
I doubt if he was swinging his arm
up and down, being that he was dead.
298
00:14:13,920 --> 00:14:16,754
That's right, but these watches
run 18 hours, more or less,
299
00:14:16,823 --> 00:14:19,418
without movement,
meaning that the time of death
300
00:14:19,492 --> 00:14:21,358
would have been
11:00 the night before.
301
00:14:21,427 --> 00:14:25,523
Makes it pretty tough for him to be
eating scrambled eggs with Mom yesterday.
302
00:14:27,166 --> 00:14:29,431
We're following
up on a few leads.
303
00:14:29,502 --> 00:14:30,526
Who?
304
00:14:30,603 --> 00:14:32,937
I'm sorry. I can't
disclose that information
305
00:14:32,961 --> 00:14:34,836
right now. I'm sure
you understand.
306
00:14:35,908 --> 00:14:39,606
You know what I
understand? I understand grief.
307
00:14:40,813 --> 00:14:44,181
You have to tell me. Is this
because of Ronald's company?
308
00:14:44,784 --> 00:14:47,117
Yes, I know all
about it. He told me.
309
00:14:47,186 --> 00:14:50,520
We're just not sure
yet, Mrs. Milius.
310
00:14:57,697 --> 00:14:59,825
What's going on? Who is she?
311
00:15:02,402 --> 00:15:04,598
She killed my baby, didn't she?
312
00:15:07,140 --> 00:15:09,268
I thought you said
Danny was just a witness.
313
00:15:09,342 --> 00:15:11,311
Things may have changed.
314
00:15:11,844 --> 00:15:14,370
He didn't even know that
girl. Why would he kill her?
315
00:15:14,447 --> 00:15:17,645
Why do people kill?
Love. Money. Both.
316
00:15:18,251 --> 00:15:19,583
I would've given him money.
317
00:15:19,652 --> 00:15:23,851
No offense, but I think he was looking
for a lot more than you had lying around.
318
00:15:23,923 --> 00:15:26,825
ED: What we think
happened, Mrs. Payton, is that
319
00:15:26,926 --> 00:15:30,727
Danny was hired to kill Emily
Milius and whoever hired him
320
00:15:30,797 --> 00:15:33,277
wanted to make sure that he
didn't tell anybody about the deal.
321
00:15:33,566 --> 00:15:35,558
That's crazy. You
don't know Danny.
322
00:15:35,635 --> 00:15:37,035
But you did.
323
00:15:37,270 --> 00:15:38,465
Better than anyone.
324
00:15:38,538 --> 00:15:41,736
That's right, he told you
everything at your weekly breakfasts.
325
00:15:41,808 --> 00:15:42,808
That's right.
326
00:15:42,875 --> 00:15:45,572
Only we happen to know you
didn't have breakfast with Danny
327
00:15:45,645 --> 00:15:48,205
the morning after
Emily was murdered.
328
00:15:48,314 --> 00:15:51,284
Mrs. Payton, if you lie
to us, we can't help you.
329
00:15:52,685 --> 00:15:54,244
Maybe I got my day wrong.
330
00:15:54,320 --> 00:15:56,846
Yeah, and maybe
I'll run for Pope.
331
00:15:59,392 --> 00:16:00,860
You think I killed him?
332
00:16:00,927 --> 00:16:03,158
Five-to-ten, you
know what did happen.
333
00:16:03,229 --> 00:16:04,720
You had a key to his apartment.
334
00:16:05,298 --> 00:16:07,460
I was his mother. BRISCOE:
And maybe that explains
335
00:16:07,533 --> 00:16:10,594
your prints on the towel rack
right near the murder weapon.
336
00:16:10,670 --> 00:16:11,763
What's going on here?
337
00:16:11,838 --> 00:16:14,034
Just having a little tête-à-tête
with Mrs. Payton here.
338
00:16:14,106 --> 00:16:16,302
Is she accused of
something? Not yet.
339
00:16:16,375 --> 00:16:18,810
We don't treat people like this.
340
00:16:20,146 --> 00:16:22,047
I'm sorry, Mrs. Payton.
341
00:16:23,015 --> 00:16:25,246
Can I get you a cup of coffee?
342
00:16:26,352 --> 00:16:29,982
Detective Green, would you please
escort Mrs. Payton to Interview Room One?
343
00:16:30,056 --> 00:16:31,718
You'll be a lot more
comfortable there.
344
00:16:31,791 --> 00:16:34,136
Are you hungry, Mrs. Payton?
There's a deli around the corner.
345
00:16:34,160 --> 00:16:36,254
I can get you a hot
pastrami. That's enough.
346
00:16:36,329 --> 00:16:37,873
I really have no idea
what he's talking about.
347
00:16:37,897 --> 00:16:39,297
Of course.
348
00:16:42,368 --> 00:16:43,859
Did she ask for a lawyer?
349
00:16:43,936 --> 00:16:46,496
Why would an innocent
woman need one?
350
00:16:47,173 --> 00:16:48,835
Give me 30 minutes.
351
00:16:51,811 --> 00:16:55,612
Again, I apologize
for my detectives.
352
00:16:56,883 --> 00:16:58,317
They're just doing their job.
353
00:16:58,384 --> 00:17:02,344
Well, their job description
doesn't include rude behavior.
354
00:17:04,323 --> 00:17:08,158
I know how difficult this must
be, Mrs. Payton. I have kids.
355
00:17:09,061 --> 00:17:12,327
How you get up in the
morning after losing a child,
356
00:17:12,398 --> 00:17:14,060
I just don't know.
357
00:17:14,934 --> 00:17:16,903
And the way it happened...
358
00:17:18,771 --> 00:17:21,764
When my Ric was six years old,
359
00:17:22,642 --> 00:17:24,736
they thought he
might have scoliosis.
360
00:17:24,810 --> 00:17:27,109
That would mean spinal surgery,
361
00:17:27,179 --> 00:17:30,581
a year in a full body cast,
sitting in waiting rooms,
362
00:17:30,650 --> 00:17:32,482
waiting for test
results, I thought,
363
00:17:33,152 --> 00:17:35,986
"How am I going
to get through this?"
364
00:17:37,223 --> 00:17:39,522
Is he okay? Knock on wood.
365
00:17:41,527 --> 00:17:43,018
How old is he?
366
00:17:43,262 --> 00:17:44,525
Thirteen.
367
00:17:44,764 --> 00:17:46,198
That's nice.
368
00:17:47,500 --> 00:17:49,128
Boys at 13.
369
00:17:50,436 --> 00:17:51,768
I remember.
370
00:17:52,138 --> 00:17:54,164
I swear our mothers
had it easier,
371
00:17:54,240 --> 00:17:57,870
what with the drugs today
and violence in the schools.
372
00:17:58,344 --> 00:18:01,280
No one ever said it was
supposed to be easy.
373
00:18:01,347 --> 00:18:03,976
No time off. No vacations.
374
00:18:08,087 --> 00:18:10,647
There's just got to be a point
375
00:18:11,924 --> 00:18:13,790
when it's their life
376
00:18:14,760 --> 00:18:17,559
and there's no place
for the mother... No.
377
00:18:19,632 --> 00:18:21,999
They are always your life.
378
00:18:24,503 --> 00:18:25,971
You're right.
379
00:18:27,540 --> 00:18:30,442
You're only as happy
as your unhappiest kid.
380
00:18:31,344 --> 00:18:34,781
What can I say, you
have great expectations.
381
00:18:34,847 --> 00:18:39,080
You start out with that, slowly
it turns into disappointment,
382
00:18:39,151 --> 00:18:43,282
and it's topped off with
an unbearable dose of guilt.
383
00:18:44,390 --> 00:18:45,390
(SIGHS)
384
00:18:48,561 --> 00:18:49,961
But what if...
385
00:18:55,101 --> 00:18:56,535
I can't...
386
00:18:59,705 --> 00:19:01,435
A mother shouldn't...
387
00:19:02,775 --> 00:19:03,936
What?
388
00:19:07,947 --> 00:19:10,610
A mother shouldn't
kill her baby.
389
00:19:12,118 --> 00:19:14,519
(SOBBING) I gave Danny life,
390
00:19:17,490 --> 00:19:19,459
and I took it away!
391
00:19:20,092 --> 00:19:21,219
(SOBBING)
392
00:19:30,369 --> 00:19:32,998
Docket number 61459.
393
00:19:33,105 --> 00:19:35,336
"People v. Diane Payton.
394
00:19:35,408 --> 00:19:37,468
"Murder in the Second Degree."
395
00:19:38,344 --> 00:19:40,438
Do I see defendant's counsel?
396
00:19:40,980 --> 00:19:43,643
No excuse for tardiness. I
apologize to the court, Your Honor.
397
00:19:43,716 --> 00:19:46,015
Hartley. Kay Hartley for
the defense, Your Honor.
398
00:19:46,085 --> 00:19:47,109
I'm sorry, Your Honor.
399
00:19:47,186 --> 00:19:50,122
Casual day at Wittman, Worth. I
wasn't expecting a court appearance.
400
00:19:50,189 --> 00:19:52,920
And your client pleads
how, Ms. Hartley?
401
00:19:56,395 --> 00:19:57,488
Not guilty.
402
00:19:57,730 --> 00:19:58,730
Question of bail?
403
00:19:58,798 --> 00:20:01,666
Remand, Your Honor. The defendant
brutally murdered her own son.
404
00:20:01,734 --> 00:20:03,202
Allegedly. As I was saying,
405
00:20:03,269 --> 00:20:05,864
she confessed to
murdering her own child.
406
00:20:06,038 --> 00:20:08,872
And for that she gets
remanded without bail. Next.
407
00:20:08,941 --> 00:20:09,941
(GAVEL BANGS)
408
00:20:16,182 --> 00:20:18,117
Long time, Serena.
409
00:20:18,884 --> 00:20:20,147
You don't remember?
410
00:20:20,219 --> 00:20:23,121
You sat three seats
ahead of me in Contracts.
411
00:20:23,422 --> 00:20:25,789
Of course, you were
probably busy paying attention.
412
00:20:25,858 --> 00:20:28,487
Wittman, Worth? You must've
been paying attention to something.
413
00:20:28,561 --> 00:20:31,861
What can I say? They make
us do this pro bono stuff.
414
00:20:32,565 --> 00:20:34,431
The choices we make, huh?
415
00:20:34,734 --> 00:20:36,362
I don't know.
Anti-trust litigation
416
00:20:36,435 --> 00:20:38,631
never got my socks
rolling up and down.
417
00:20:38,704 --> 00:20:40,468
So you do remember?
418
00:20:40,673 --> 00:20:42,198
I read the alumni rag.
419
00:20:43,008 --> 00:20:44,874
So, can I buy you
a cup of coffee?
420
00:20:45,044 --> 00:20:47,206
I can pay for my own, thank you.
421
00:20:50,349 --> 00:20:53,342
Look up "snob" in your Webster
and you'll see her picture.
422
00:20:53,419 --> 00:20:56,098
Kay Hartley had one foot on Wall
Street from the first day of school.
423
00:20:56,122 --> 00:20:57,420
What's she doing here?
424
00:20:57,490 --> 00:20:58,934
It's Wittman, Worth
pretending they have a heart,
425
00:20:58,958 --> 00:21:01,655
justifying their fees
in case there's a Hell.
426
00:21:01,727 --> 00:21:04,072
Maybe that's a good thing,
considering we don't have anything
427
00:21:04,096 --> 00:21:05,394
even resembling a motive.
428
00:21:05,464 --> 00:21:07,042
We don't need a motive,
we have a confession.
429
00:21:07,066 --> 00:21:08,557
Believe me, this
will be a quickie.
430
00:21:10,369 --> 00:21:12,497
I thought this was going
to be me and you, Serena.
431
00:21:13,639 --> 00:21:15,471
Jack McCoy, Kay Hartley.
432
00:21:15,541 --> 00:21:18,477
Mr. McCoy is the Executive
Assistant District Attorney.
433
00:21:18,544 --> 00:21:20,206
Sorry to disappoint,
Ms. Hartley.
434
00:21:20,312 --> 00:21:21,746
No, no, that's fine.
435
00:21:21,814 --> 00:21:23,214
So, how does this work?
436
00:21:23,282 --> 00:21:24,944
Considering we have
a signed confession,
437
00:21:25,017 --> 00:21:27,714
it appears you don't
have any leverage.
438
00:21:28,320 --> 00:21:31,757
I can offer murder two with
a sentence recommendation.
439
00:21:32,725 --> 00:21:34,803
In the corporate world, you
know you have a good deal
440
00:21:34,827 --> 00:21:37,626
when both sides
walk away unhappy.
441
00:21:37,696 --> 00:21:39,255
Sure, I'm new to
this criminal stuff,
442
00:21:39,331 --> 00:21:42,028
but I think you're both
smiling just a bit too much.
443
00:21:42,101 --> 00:21:44,696
Be that as it may, I
can't go any lower.
444
00:21:45,204 --> 00:21:47,867
Well, maybe you'll reconsider
when the confession is tossed.
445
00:21:47,940 --> 00:21:48,999
JACK: Excuse me?
446
00:21:49,074 --> 00:21:52,101
Mrs. Payton doesn't remember
anyone reading her her rights.
447
00:21:52,378 --> 00:21:54,108
She wasn't being interrogated.
448
00:21:54,180 --> 00:21:55,239
Be that as it may,
449
00:21:55,347 --> 00:21:58,715
one of our first year associates
is drafting a motion as we speak.
450
00:22:00,119 --> 00:22:01,781
So much for quick.
451
00:22:04,657 --> 00:22:07,836
HARTLEY: The Miranda Court emphasized that
in order for a confession to be admissible
452
00:22:07,860 --> 00:22:10,796
against a defendant,
it must be voluntary.
453
00:22:10,863 --> 00:22:14,527
I think you can skip the primer on
coerced confessions, Counselor.
454
00:22:14,600 --> 00:22:16,178
Of course, Your Honor,
but when a lieutenant
455
00:22:16,202 --> 00:22:17,898
grills a suspect
for nearly an hour...
456
00:22:17,970 --> 00:22:20,906
Lieutenant Van Buren drank
coffee with the defendant,
457
00:22:20,973 --> 00:22:22,566
and they discussed
their children.
458
00:22:22,641 --> 00:22:25,475
I'm sure she wasn't there
for the cuisine, Mr. McCoy.
459
00:22:25,544 --> 00:22:27,342
There was a
discrepancy in a timeline
460
00:22:27,413 --> 00:22:31,180
that she had given the police concerning
a hit and run her son was involved in
461
00:22:31,250 --> 00:22:32,718
a few days earlier.
462
00:22:32,785 --> 00:22:35,414
Mrs. Payton was never a suspect.
463
00:22:35,487 --> 00:22:37,098
The mere fact she
was in a police station...
464
00:22:37,122 --> 00:22:40,889
JUDGE: Is irrelevant. What
controls is whether the police knew
465
00:22:40,960 --> 00:22:45,523
or should have known that their
actions would lead to a confession.
466
00:22:45,664 --> 00:22:48,828
Read Rhode Island v. Innis if you
want back up on that, Ms. Hartley.
467
00:22:49,435 --> 00:22:52,928
If the police didn't consider Mrs.
Payton a suspect in the murder,
468
00:22:53,172 --> 00:22:55,471
they certainly couldn't
have expected a confession.
469
00:22:55,674 --> 00:22:58,371
But, Your Honor...
The confession is in.
470
00:23:05,684 --> 00:23:07,380
Hey, how's this for timing?
471
00:23:07,720 --> 00:23:09,086
Right, just a coincidence.
472
00:23:09,154 --> 00:23:11,555
Serena... Look, you already
had your chance at a deal.
473
00:23:11,624 --> 00:23:15,288
I'm not here to negotiate. I'm
here to ask a friend for a favor.
474
00:23:15,995 --> 00:23:18,464
Right, you lose your motion
and suddenly we're friends?
475
00:23:18,530 --> 00:23:20,475
I'm sorry, Kay, but I think
you're gonna have to slum it down
476
00:23:20,499 --> 00:23:21,797
on Centre Street
for a few weeks.
477
00:23:21,867 --> 00:23:23,859
I'm not slumming, Serena.
478
00:23:25,170 --> 00:23:29,266
Look, growing up, Danny Payton
was special. Everybody loved him.
479
00:23:29,375 --> 00:23:33,107
And then one day when he was
18, he woke up hearing voices.
480
00:23:33,178 --> 00:23:35,579
A lot of voices. Only
nobody else could hear them.
481
00:23:35,648 --> 00:23:37,446
Wait a minute. Are you
saying he was crazy?
482
00:23:37,549 --> 00:23:41,577
And he was violent, and he took it out
on the person who was closest to him.
483
00:23:42,388 --> 00:23:44,857
Especially after
my uncle ran off.
484
00:23:45,090 --> 00:23:46,388
Your uncle?
485
00:23:47,126 --> 00:23:48,788
Danny was my cousin.
486
00:23:48,861 --> 00:23:50,159
So this pro bono?
487
00:23:50,562 --> 00:23:52,758
Is really a leave of absence.
488
00:23:54,166 --> 00:23:56,135
Wow. Look, I know my aunt.
489
00:23:56,201 --> 00:23:59,660
And I know how much she loved
Danny. And she wouldn't have...
490
00:23:59,738 --> 00:24:02,606
She couldn't have
unless he was hurting her.
491
00:24:02,675 --> 00:24:04,953
If you're gonna try and make
this a case for self-defense, Kay,
492
00:24:04,977 --> 00:24:07,071
I don't buy it. He was asleep.
493
00:24:07,446 --> 00:24:08,971
She stabbed him
while he was sleeping.
494
00:24:09,048 --> 00:24:12,348
Serena, Danny flipped out and
ran over Emily Milius for no reason
495
00:24:12,418 --> 00:24:14,046
other than she was there.
496
00:24:16,188 --> 00:24:18,657
Do you have any proof
of this whatsoever?
497
00:24:20,259 --> 00:24:21,352
Well...
498
00:24:22,261 --> 00:24:24,372
Kay, as your new best friend,
if you don't have any proof,
499
00:24:24,396 --> 00:24:26,592
I would advise you
to resign as counsel
500
00:24:26,665 --> 00:24:28,156
and make yourself
a character witness.
501
00:24:28,233 --> 00:24:29,895
It's a tiny favor, Serena.
502
00:24:30,135 --> 00:24:33,333
Please. Help me get a
look at his medical records.
503
00:24:35,007 --> 00:24:37,977
ARTHUR: She wants us to get
the doctor-patient privilege waived?
504
00:24:38,043 --> 00:24:40,740
We're not supposed to make the
defense's case for them, Serena.
505
00:24:40,813 --> 00:24:42,179
Our job's to get a conviction.
506
00:24:42,247 --> 00:24:44,125
I thought it had something
to do with justice, Jack.
507
00:24:44,149 --> 00:24:48,177
I've got photos of seven stab wounds
that say that's exactly what this is.
508
00:24:48,253 --> 00:24:49,846
I don't understand, Serena.
509
00:24:49,922 --> 00:24:52,016
If Mrs. Payton wants
to assert self-defense,
510
00:24:52,091 --> 00:24:54,560
why doesn't she just waive her
son's doctor-patient privilege?
511
00:24:54,626 --> 00:24:56,618
Maybe she's too proud.
Maybe she's ashamed.
512
00:24:56,695 --> 00:24:59,995
Maybe she doesn't want the world to
know that her son was beating on her.
513
00:25:00,099 --> 00:25:02,034
That's a lot of maybes.
514
00:25:02,101 --> 00:25:03,729
I don't see what
the big deal is.
515
00:25:03,802 --> 00:25:05,771
We get Mrs. Payton
removed as administratrix,
516
00:25:05,838 --> 00:25:08,967
we talk to Danny's doctor
and we can find out for sure.
517
00:25:09,041 --> 00:25:12,409
The only problem is that the new
administrator would be the next of kin,
518
00:25:12,478 --> 00:25:15,846
who might very well wanna keep
the Paytons' family secrets secret.
519
00:25:15,914 --> 00:25:18,907
It's not a problem. The next
of kin is Hartley's mother.
520
00:25:18,984 --> 00:25:22,682
Great. When do we get to call on
Uncle Bernie as the eyewitness?
521
00:25:22,755 --> 00:25:26,283
You know what, Jack? Self-defense
is in the books for a reason.
522
00:25:26,358 --> 00:25:30,762
If that woman doesn't deserve to
be in jail, I don't wanna put her there.
523
00:25:35,401 --> 00:25:39,065
Let me get this right, the
defendant is the decedent's mother?
524
00:25:39,138 --> 00:25:41,232
HARTLEY: That's
correct, Your Honor.
525
00:25:41,974 --> 00:25:45,308
The statute is very clear on
appointing administrators, Counselor.
526
00:25:45,377 --> 00:25:48,836
It is also very clear that a person should
not be able to profit from their crime.
527
00:25:48,914 --> 00:25:52,316
Mrs. Payton murdered her son.
As administratrix to his estate,
528
00:25:52,384 --> 00:25:54,319
she'd be entitled
to a statutory fee.
529
00:25:54,386 --> 00:25:57,481
Mrs. Payton hasn't been
convicted of anything, Your Honor.
530
00:25:57,556 --> 00:26:00,116
She confessed to stabbing
her son seven times.
531
00:26:00,192 --> 00:26:02,457
HARTLEY: The confession
was questionable at best.
532
00:26:02,528 --> 00:26:05,225
Ms. Hartley's motion to
exclude has already been denied.
533
00:26:05,297 --> 00:26:06,857
Danny Payton was a
murderer, Your Honor.
534
00:26:06,932 --> 00:26:09,834
Doesn't my client get any credit
for getting him off the street?
535
00:26:09,935 --> 00:26:11,699
You can't be serious, Counselor?
536
00:26:12,638 --> 00:26:14,334
Zealous representation,
Your Honor.
537
00:26:14,440 --> 00:26:18,605
This court is in favor of removing
Diane Payton as the administratrix
538
00:26:18,677 --> 00:26:20,407
of the estate of Danny Payton
539
00:26:20,479 --> 00:26:22,414
and issuing new
Letters of Administration
540
00:26:22,481 --> 00:26:25,144
in accordance with
Surrogate's Court Procedure Act,
541
00:26:25,217 --> 00:26:27,015
Section 1001.
542
00:26:27,953 --> 00:26:28,953
(GAVEL BANGS)
543
00:26:35,928 --> 00:26:38,022
I don't understand.
544
00:26:38,097 --> 00:26:39,326
What does this mean?
545
00:26:40,299 --> 00:26:42,996
There's a chance Danny
was abusing his mother.
546
00:26:44,069 --> 00:26:45,867
So what? My daughter is dead.
547
00:26:45,938 --> 00:26:47,201
Somebody has to go to jail.
548
00:26:47,272 --> 00:26:50,208
Mrs. Payton may not be legally
responsible for what she did.
549
00:26:50,275 --> 00:26:51,334
Responsible?
550
00:26:52,244 --> 00:26:55,271
If she were a better
mother, Emily would be alive.
551
00:26:55,347 --> 00:26:57,816
If she's not
responsible, who is?
552
00:27:01,186 --> 00:27:02,711
Danny's doctor's name was Trask.
553
00:27:02,788 --> 00:27:06,316
I'll have a waiver signed and
delivered to him right away.
554
00:27:11,663 --> 00:27:13,791
DR. TRASK: Danny
Payton was schizophrenic,
555
00:27:13,866 --> 00:27:17,633
but he was released from St.
Justin's as not being a threat to himself.
556
00:27:17,703 --> 00:27:21,697
You see, with pharmaceuticals, he
could lead a normal, productive life.
557
00:27:21,773 --> 00:27:23,384
Meaning he wasn't a
threat to anyone else?
558
00:27:23,408 --> 00:27:25,240
Correct. You gotta understand,
559
00:27:25,310 --> 00:27:28,109
most schizophrenics
are not violent at all.
560
00:27:29,281 --> 00:27:32,683
Danny Payton ran somebody
over and fled from the scene.
561
00:27:33,152 --> 00:27:34,152
(SIGHS)
562
00:27:35,754 --> 00:27:39,088
Can you tell me about his
relationship with his mother?
563
00:27:39,158 --> 00:27:42,492
I recall they were
extraordinarily close.
564
00:27:42,561 --> 00:27:44,393
So are you saying he
wasn't abusive to her?
565
00:27:44,463 --> 00:27:46,193
No, what I'm saying
is quite the opposite.
566
00:27:46,265 --> 00:27:49,463
His mother was the only
thing that kept him alive.
567
00:27:49,902 --> 00:27:51,063
Look,
568
00:27:51,136 --> 00:27:53,970
I'll send over all the
records if you want.
569
00:27:57,643 --> 00:27:59,839
Feeling good, are we?
570
00:27:59,912 --> 00:28:03,091
Yeah, it really makes my day when a mother
kills her son for no reason whatsoever.
571
00:28:03,115 --> 00:28:06,415
Call Hallmark. Maybe
they'll print up a special card.
572
00:28:06,718 --> 00:28:10,314
I thought that you'd be happy,
Hartley loses her affirmative defense.
573
00:28:10,389 --> 00:28:13,553
And pops up with another
more ridiculous one.
574
00:28:13,625 --> 00:28:15,218
Ah, Kay Hartley.
575
00:28:15,561 --> 00:28:17,462
With friends like that...
576
00:28:23,135 --> 00:28:26,128
Defense of third parties?
You must be kidding me.
577
00:28:26,371 --> 00:28:29,000
Danny already
killed Emily Milius.
578
00:28:29,107 --> 00:28:31,906
His mother killed him so he
wouldn't hurt anybody else.
579
00:28:32,010 --> 00:28:33,388
It's a legitimate
affirmative defense.
580
00:28:33,412 --> 00:28:36,109
If there was an imminent
threat of Danny hurting someone.
581
00:28:36,181 --> 00:28:38,912
As far as I know, there was no
one in Danny Payton's apartment
582
00:28:38,984 --> 00:28:41,146
other than the woman who
stabbed him seven times.
583
00:28:41,753 --> 00:28:43,654
Look, I know that
it's a long shot.
584
00:28:43,855 --> 00:28:45,619
I'm just trying to win my case.
585
00:28:45,691 --> 00:28:47,353
By using me?
586
00:28:48,060 --> 00:28:51,792
You needed privilege waived so you could
get Danny's mental state into evidence.
587
00:28:51,897 --> 00:28:54,542
Your aunt wouldn't waive it because
she knew it wasn't self-defense.
588
00:28:54,566 --> 00:28:58,628
I did what I could to get justice
for my client in an imperfect system.
589
00:28:58,704 --> 00:29:00,248
If you want to know
why it's imperfect, Kay,
590
00:29:00,272 --> 00:29:02,798
look in the mirror next time
you put on your Tiffany earrings.
591
00:29:04,076 --> 00:29:06,978
Look, my aunt came
home to find her car missing.
592
00:29:07,079 --> 00:29:08,823
The next thing she knew,
Danny was telling her
593
00:29:08,847 --> 00:29:11,510
he used it to kill someone
he didn't even know.
594
00:29:11,850 --> 00:29:13,113
What was she supposed to do?
595
00:29:13,185 --> 00:29:15,586
Calling the police would've
been a very good start.
596
00:29:15,654 --> 00:29:17,714
At least I work for my earrings.
597
00:29:18,290 --> 00:29:23,024
That's right. Not all of us have the
luxury of playing at saving the world.
598
00:29:23,128 --> 00:29:24,687
An acquittal of a
confessed murderer
599
00:29:24,763 --> 00:29:27,008
and the powers that be at
Wittman, Worth will have no choice
600
00:29:27,032 --> 00:29:29,297
but to put my name
on the letterhead.
601
00:29:29,768 --> 00:29:32,761
Surprise, surprise, Serena.
Well, it's a game, right?
602
00:29:32,871 --> 00:29:35,170
And the point of
a game is to win.
603
00:29:36,475 --> 00:29:38,467
I'll see you in chambers.
604
00:29:39,278 --> 00:29:42,248
Judge McNeil actually
bought Ms. Hartley's argument?
605
00:29:42,314 --> 00:29:45,978
He called defense of third parties
a question of fact for the jury.
606
00:29:46,051 --> 00:29:50,284
The man goes to school for
seven years, practices law for 15,
607
00:29:50,422 --> 00:29:54,359
sits on the bench for five, then
passes the buck to three housewives,
608
00:29:54,426 --> 00:29:57,658
four salesmen, two plumbers, a
couple of construction workers,
609
00:29:57,729 --> 00:29:58,890
and a dental hygienist.
610
00:29:58,964 --> 00:30:00,193
I take full responsibility.
611
00:30:00,265 --> 00:30:02,410
None of this would be admissible
if I hadn't pulled that stunt
612
00:30:02,434 --> 00:30:03,493
in Surrogate's Court.
613
00:30:03,568 --> 00:30:06,470
I seem to recall giving
you the old "atta-girl."
614
00:30:06,638 --> 00:30:07,936
I didn't.
615
00:30:08,373 --> 00:30:10,001
But you never knew Kay Hartley.
616
00:30:10,075 --> 00:30:13,273
I'm beginning to think all of
this was bogus from the get-go.
617
00:30:13,345 --> 00:30:14,938
She never thought
it was self-defense.
618
00:30:15,013 --> 00:30:18,108
She only needed a way to let the
jury know that Danny was mentally ill.
619
00:30:18,216 --> 00:30:21,584
You seem to have less faith in
our noble profession than I do.
620
00:30:21,653 --> 00:30:23,383
The problem is now
I have to go into court
621
00:30:23,455 --> 00:30:26,084
and argue that this
woman belongs behind bars
622
00:30:26,158 --> 00:30:31,187
even though she killed her son only to
prevent him from killing three housewives,
623
00:30:31,263 --> 00:30:33,960
four salesmen, two plumbers,
et cetera, et cetera, et cetera...
624
00:30:34,032 --> 00:30:37,434
Hartley's gonna have to
offer up some kind of proof.
625
00:30:37,636 --> 00:30:40,128
She has proof
enough. Emily Milius.
626
00:30:41,373 --> 00:30:43,399
I'll explain the whole
thing to Judge McNeil.
627
00:30:43,475 --> 00:30:46,775
And he'll give us the "Soft
Touch of the Year" Award.
628
00:30:51,483 --> 00:30:54,681
VAN BUREN: We talked about
children. How tough it is raising them.
629
00:30:54,753 --> 00:30:58,713
Mrs. Payton had it particularly
tough since her husband left her.
630
00:30:58,790 --> 00:31:02,522
And it would be particularly hard
with a young boy with mental problems.
631
00:31:02,594 --> 00:31:06,759
She never mentioned any kind of
mental problems with regard to her son.
632
00:31:06,832 --> 00:31:09,131
JACK: Maybe that's because
he was on medication.
633
00:31:09,201 --> 00:31:10,921
VAN BUREN: She never
mentioned that, either.
634
00:31:11,136 --> 00:31:15,130
Like I said, she never talked
about mental problems, period.
635
00:31:15,674 --> 00:31:17,370
But she did say
that she killed him?
636
00:31:17,442 --> 00:31:20,844
Yes. And she signed a
confession to that effect.
637
00:31:21,646 --> 00:31:23,512
JACK: Thank you, Lieutenant.
638
00:31:26,818 --> 00:31:29,686
During that 45-minute
interrogation...
639
00:31:29,755 --> 00:31:32,281
I said it was a
conversation, Counselor.
640
00:31:33,392 --> 00:31:36,829
Fine. During that
45-minute chat,
641
00:31:36,895 --> 00:31:40,161
did you ever once ask Mrs.
Payton if her son was mentally ill?
642
00:31:40,465 --> 00:31:43,560
As I just said... Yes
or no, Lieutenant?
643
00:31:44,469 --> 00:31:45,469
No.
644
00:31:45,737 --> 00:31:49,640
Did you ask Mrs. Payton if her son
had ever threatened to kill anyone else?
645
00:31:50,208 --> 00:31:51,208
No.
646
00:31:51,843 --> 00:31:53,869
HARTLEY: One
more thing, Lieutenant.
647
00:31:53,945 --> 00:31:56,779
Did Mrs. Payton ever
say she loved her son?
648
00:31:58,283 --> 00:31:59,342
Yes.
649
00:32:01,253 --> 00:32:04,031
RODGERS: The lack of defensive wounds
indicates that the victim was unaware
650
00:32:04,055 --> 00:32:05,421
that he was being attacked.
651
00:32:05,490 --> 00:32:06,788
He was sleeping?
652
00:32:07,092 --> 00:32:08,685
Sleeping or unconscious.
653
00:32:08,760 --> 00:32:11,161
So, in other words, this was
like shooting fish in a barrel.
654
00:32:11,229 --> 00:32:12,390
Objection.
655
00:32:12,464 --> 00:32:14,194
Withdrawn, Your Honor.
656
00:32:15,600 --> 00:32:17,000
Out of those seven stab wounds,
657
00:32:17,068 --> 00:32:19,799
two were what you call
hesitation wounds, is that correct?
658
00:32:19,871 --> 00:32:20,998
Yes.
659
00:32:21,072 --> 00:32:25,203
So could you say that Mrs. Payton struggled
with her decision to stab her son?
660
00:32:25,677 --> 00:32:27,646
That's certainly
one explanation.
661
00:32:28,914 --> 00:32:33,045
About two months ago, Doctor, did you do
an autopsy of a man named Ethan Richards?
662
00:32:33,118 --> 00:32:34,279
Objection. Relevance.
663
00:32:34,419 --> 00:32:36,581
Relevance will become
clear shortly, Your Honor.
664
00:32:37,656 --> 00:32:40,091
I'll let it in subject
to connection.
665
00:32:40,158 --> 00:32:41,956
Answer the question, Doctor.
666
00:32:42,527 --> 00:32:44,496
Yes, I worked on
the Richards case.
667
00:32:44,563 --> 00:32:46,623
And what were your conclusions?
668
00:32:46,698 --> 00:32:49,258
There were shoe prints
on the victim's torso,
669
00:32:49,334 --> 00:32:52,964
so we concluded he died of
internal hemorrhaging due to kicking.
670
00:32:53,038 --> 00:32:54,582
HARTLEY: Just to refresh
your memory, Doctor,
671
00:32:54,606 --> 00:32:57,166
would this be the
murder we're discussing?
672
00:32:59,010 --> 00:33:00,010
Yes.
673
00:33:00,078 --> 00:33:03,014
Could you please read
the highlighted portions?
674
00:33:03,849 --> 00:33:05,374
"Forensic scientists
have confirmed
675
00:33:05,450 --> 00:33:08,181
"that the shoe was a size
12-and-a-half Frye boot."
676
00:33:08,553 --> 00:33:11,990
To your knowledge, was there
ever an arrest made in this case?
677
00:33:12,858 --> 00:33:14,724
No. Thank you.
678
00:33:15,894 --> 00:33:17,226
That's all.
679
00:33:21,299 --> 00:33:24,758
Danny Payton was schizophrenic.
He lost touch with reality.
680
00:33:24,836 --> 00:33:27,635
He often saw and heard
things that weren't there.
681
00:33:27,706 --> 00:33:29,368
JACK: How did you treat him?
682
00:33:29,441 --> 00:33:32,468
In addition to daily
counseling and group therapy,
683
00:33:32,544 --> 00:33:36,276
I also prescribed the
anti-psychotic drug, Clozaril.
684
00:33:36,381 --> 00:33:37,906
After eight weeks of treatment,
685
00:33:37,983 --> 00:33:41,420
Danny stopped hearing the
voices and having the delusions.
686
00:33:41,486 --> 00:33:44,513
In other words, Doctor, he
was able to function in society?
687
00:33:44,923 --> 00:33:48,018
I wouldn't have signed
his release if he wasn't.
688
00:33:51,863 --> 00:33:55,322
Last year, did Danny's mother ask
you to take him back into the hospital?
689
00:33:55,901 --> 00:33:56,901
Yes.
690
00:33:56,968 --> 00:33:58,994
Why is that, Doctor Trask?
691
00:33:59,271 --> 00:34:02,002
Mrs. Payton said that
Danny was hearing voices
692
00:34:02,073 --> 00:34:04,167
telling him to kill
people at random.
693
00:34:04,643 --> 00:34:06,771
HARTLEY: And you
didn't take that seriously?
694
00:34:06,845 --> 00:34:08,370
DR. TRASK: Of course I did.
695
00:34:08,446 --> 00:34:12,281
But then Mrs. Payton told me that
Danny had stopped taking his medication
696
00:34:12,350 --> 00:34:13,841
three months earlier.
697
00:34:13,919 --> 00:34:15,114
HARTLEY: And what did you do?
698
00:34:15,186 --> 00:34:17,485
DR. TRASK: I told her
it was unacceptable.
699
00:34:18,089 --> 00:34:19,580
Look,
700
00:34:19,691 --> 00:34:22,354
in a perfect world, I would
have readmitted Danny.
701
00:34:22,427 --> 00:34:24,225
But it is not a perfect world.
702
00:34:24,296 --> 00:34:27,960
It is New York State and we
don't have the funding, staff or beds
703
00:34:28,033 --> 00:34:32,664
available for someone who is
perfectly able to function on medication.
704
00:34:33,772 --> 00:34:36,172
Tell me, Doctor, when a patient
is admitted to your hospital,
705
00:34:36,207 --> 00:34:38,904
what do you do with the personal
effects he brings with him?
706
00:34:38,977 --> 00:34:41,344
They're recorded and stored.
707
00:34:41,413 --> 00:34:43,245
I don't see the
relevance, Your Honor.
708
00:34:43,315 --> 00:34:45,614
I'm just connecting
earlier testimony.
709
00:34:46,184 --> 00:34:47,413
Proceed.
710
00:34:50,622 --> 00:34:53,592
Doctor, do you recognize this?
711
00:34:56,995 --> 00:34:58,054
Yes.
712
00:34:58,563 --> 00:35:00,429
It's the record
of all of the items
713
00:35:00,498 --> 00:35:03,559
Danny had with him when
he was admitted to St. Justin's.
714
00:35:03,835 --> 00:35:07,135
Could you focus your attention on
item number 10, labeled footwear?
715
00:35:07,439 --> 00:35:08,998
What does it say?
716
00:35:09,074 --> 00:35:12,806
"A pair of size 12-and-a-half
Frye work boots."
717
00:35:13,878 --> 00:35:16,313
HARTLEY: I have
nothing further, Your Honor.
718
00:35:17,749 --> 00:35:21,015
Looks like this guy's gonna
clear up all of our open cases.
719
00:35:21,086 --> 00:35:22,486
While his mother
becomes a folk hero
720
00:35:22,554 --> 00:35:25,149
for pushing the off button
on a killing machine.
721
00:35:25,223 --> 00:35:26,816
She's a vigilante.
722
00:35:26,891 --> 00:35:30,419
She was also a mother who killed
the child she loved more than herself.
723
00:35:30,528 --> 00:35:32,429
Well, so were Susan
Smith and Andrea Yates.
724
00:35:32,497 --> 00:35:34,659
And if I remember correctly,
they were both convicted.
725
00:35:34,766 --> 00:35:37,167
They weren't preventing
otherwise inevitable murders.
726
00:35:37,268 --> 00:35:39,362
Only the statute doesn't
say "inevitable threat."
727
00:35:39,437 --> 00:35:40,871
It says "imminent threat."
728
00:35:41,039 --> 00:35:45,409
Well, pardon my French, but I don't think
the jury's gonna give a damn either way.
729
00:35:45,477 --> 00:35:47,343
Deal it down. That
means the next guy...
730
00:35:47,412 --> 00:35:52,476
Before you go there, Serena, the only
"sending a bad message" argument that I buy
731
00:35:52,550 --> 00:35:55,315
is the bad message we
send when we lose a trial.
732
00:35:55,453 --> 00:35:58,912
If you read the fine print, it also says
that when the going gets tough, run,
733
00:35:58,990 --> 00:36:00,652
even when the
law is on our side.
734
00:36:00,859 --> 00:36:03,351
Do you really think we're gonna
get jail time for this woman?
735
00:36:03,428 --> 00:36:05,294
Please. If she was on
the road to canonization,
736
00:36:05,363 --> 00:36:08,026
she wouldn't have gone
along with Kay Hartley's games.
737
00:36:08,099 --> 00:36:11,365
I haven't even cross-examined
the defendant yet, Arthur.
738
00:36:11,603 --> 00:36:13,333
Well, you got in this hole,
739
00:36:13,405 --> 00:36:15,704
I guess it's up to you if
you want to keep digging.
740
00:36:19,544 --> 00:36:21,672
So how much of
that was personal?
741
00:36:21,746 --> 00:36:24,545
The letter of the
law, Jack. That's all.
742
00:36:28,453 --> 00:36:30,053
HARTLEY: But you
tried to get Danny help?
743
00:36:30,722 --> 00:36:32,691
Danny belonged in a hospital.
744
00:36:32,757 --> 00:36:36,353
But Dr. Trask just testified he'd
be fine if he just took his pills.
745
00:36:36,428 --> 00:36:38,522
Pills are supposed to help.
746
00:36:39,064 --> 00:36:41,397
They gave him
migraine headaches.
747
00:36:41,466 --> 00:36:42,934
They made him like a zombie.
748
00:36:43,535 --> 00:36:46,130
He said the only reason
he even knew he was alive
749
00:36:46,204 --> 00:36:49,800
was because he vomited
an hour after he took them.
750
00:36:49,874 --> 00:36:52,173
How was he supposed
to live like that?
751
00:36:52,577 --> 00:36:54,170
Still, that's a
small price to pay...
752
00:36:54,245 --> 00:36:56,942
I was his mother, not
some prison guard.
753
00:36:57,015 --> 00:37:00,543
I can't physically force
him to take his medication!
754
00:37:00,618 --> 00:37:03,417
I can't look over
him all the time!
755
00:37:04,189 --> 00:37:07,421
They say a mother's worst
fear is the death of a child.
756
00:37:08,026 --> 00:37:10,120
Let me tell you, it's
a million times worse
757
00:37:10,195 --> 00:37:12,960
when he kills
someone else's child.
758
00:37:15,333 --> 00:37:18,497
Let's turn our attention
to the night Danny died.
759
00:37:19,437 --> 00:37:22,066
Could you please tell
us what happened?
760
00:37:23,742 --> 00:37:25,108
Mrs. Payton?
761
00:37:28,179 --> 00:37:30,671
That morning, Danny
borrowed my car.
762
00:37:31,883 --> 00:37:34,580
Taking long drives
helped clear his head.
763
00:37:35,653 --> 00:37:38,452
When he didn't
return the car by 10:00,
764
00:37:39,023 --> 00:37:41,015
I went over to his apartment
765
00:37:41,092 --> 00:37:43,288
to see if anything was wrong.
766
00:37:46,798 --> 00:37:48,892
He was sitting on the floor,
767
00:37:50,769 --> 00:37:53,170
banging his head
against the wall.
768
00:37:55,273 --> 00:37:57,765
He told me what
he did to that girl.
769
00:37:59,878 --> 00:38:01,540
I calmed him down,
770
00:38:02,347 --> 00:38:04,145
and helped him into bed.
771
00:38:04,883 --> 00:38:06,249
And then...
772
00:38:10,755 --> 00:38:11,950
(SOBS)
773
00:38:12,023 --> 00:38:14,492
I didn't know what else to do.
774
00:38:24,035 --> 00:38:26,163
Stabbing Danny
was your only option?
775
00:38:27,272 --> 00:38:28,672
He was sick.
776
00:38:30,074 --> 00:38:32,407
That hospital wouldn't take him.
777
00:38:32,577 --> 00:38:34,011
He killed at least two people.
778
00:38:34,078 --> 00:38:37,446
I'm sure the prison system
would have been glad to have him.
779
00:38:37,515 --> 00:38:39,279
Is there a question?
780
00:38:39,551 --> 00:38:40,814
Withdrawn.
781
00:38:43,321 --> 00:38:45,620
Yes or no, Mrs. Payton.
782
00:38:46,257 --> 00:38:48,488
When you were stabbing Danny,
783
00:38:48,560 --> 00:38:51,621
were you thinking
of Emily Milius?
784
00:38:54,866 --> 00:38:58,598
Were you thinking of the man
Danny had kicked to death?
785
00:39:01,706 --> 00:39:05,939
Were you thinking of the next
innocent person Danny was going to kill?
786
00:39:08,346 --> 00:39:11,714
You said that Danny was
delusional, isn't that correct?
787
00:39:13,885 --> 00:39:14,978
Yes.
788
00:39:15,053 --> 00:39:17,284
That he had hallucinations.
789
00:39:17,555 --> 00:39:20,218
That he heard voices
telling him to kill?
790
00:39:21,192 --> 00:39:22,251
Yes.
791
00:39:22,727 --> 00:39:24,161
Then why, Mrs. Payton,
792
00:39:24,996 --> 00:39:26,624
why in the world
793
00:39:27,932 --> 00:39:30,993
did you lend Danny
the keys to your car?
794
00:39:40,545 --> 00:39:42,377
JUDGE: Re-direct, Ms. Hartley?
795
00:39:43,848 --> 00:39:44,872
No, Your Honor.
796
00:39:44,949 --> 00:39:46,941
Then we'll pick up
tomorrow morning.
797
00:39:47,719 --> 00:39:49,483
Kay told me that
Danny stole her keys.
798
00:39:49,554 --> 00:39:52,888
So either she lied to me, or
Mrs. Payton just lied on the stand.
799
00:39:52,957 --> 00:39:54,926
Why would someone
lie to appear more guilty?
800
00:39:54,993 --> 00:39:57,827
She wouldn't. Conference
room, 20 minutes.
801
00:39:59,397 --> 00:40:01,332
So I misspoke.
What's the big deal?
802
00:40:01,933 --> 00:40:05,131
That's one possibility. The other
is that you intentionally lied to me.
803
00:40:08,740 --> 00:40:10,299
What's going on?
804
00:40:10,942 --> 00:40:14,037
Your niece is a very
smart lawyer, Mrs. Payton.
805
00:40:14,112 --> 00:40:16,081
She knows that if you
gave Danny the car,
806
00:40:16,147 --> 00:40:19,379
that you'd be legally responsible
for the death of Emily Milius.
807
00:40:19,484 --> 00:40:21,453
It's called reckless
endangerment.
808
00:40:21,519 --> 00:40:23,954
My guess is that she
told you to lie on the stand,
809
00:40:24,022 --> 00:40:26,423
but you didn't, and I
don't think you forgot.
810
00:40:27,725 --> 00:40:29,387
Let's go. Let me ask you this.
811
00:40:29,928 --> 00:40:33,831
Did she tell you that we offered
her a deal before we went to trial?
812
00:40:35,400 --> 00:40:36,629
I didn't think so.
813
00:40:37,468 --> 00:40:41,098
She didn't tell you because
she knew you'd accept.
814
00:40:41,706 --> 00:40:43,436
My God, you killed your own son.
815
00:40:43,574 --> 00:40:45,236
And I should rot in Hell for it.
816
00:40:45,310 --> 00:40:48,246
You deserve to walk
out of that courtroom.
817
00:40:48,313 --> 00:40:50,782
Why, Kay? Because
she's not guilty,
818
00:40:50,848 --> 00:40:52,714
or because you
want a corner office?
819
00:40:54,352 --> 00:40:55,411
(SOBBING) Kay?
820
00:40:55,753 --> 00:40:57,984
You have to trust
me, Aunt Diane.
821
00:41:01,326 --> 00:41:02,555
Come on.
822
00:41:03,594 --> 00:41:05,529
We'll see you in court.
823
00:41:16,975 --> 00:41:20,139
Let's think about why we
send a person to prison.
824
00:41:20,645 --> 00:41:23,740
First and foremost, we don't want
the son-of-a-bitch to do it again.
825
00:41:24,816 --> 00:41:29,652
Mrs. Payton killed her son because
of who he was and what he did.
826
00:41:30,254 --> 00:41:32,553
She's not going to do it again.
827
00:41:33,091 --> 00:41:35,686
So there must be another
reason to punish her.
828
00:41:36,327 --> 00:41:38,990
Okay, how's this? We've
got to rehabilitate her.
829
00:41:39,063 --> 00:41:42,033
From what? From trying to save the
lives of people she doesn't even know?
830
00:41:42,100 --> 00:41:43,762
Now, that doesn't sound right.
831
00:41:44,002 --> 00:41:47,461
That should be a good thing
and not a punishable offense.
832
00:41:49,007 --> 00:41:51,442
Okay, I know what
you're thinking.
833
00:41:51,843 --> 00:41:54,904
This woman snubbed her
nose at the laws of this state
834
00:41:54,979 --> 00:41:58,245
and a person just can't do that
and get away with it scot-free.
835
00:41:59,684 --> 00:42:02,552
It was the State
that let her down,
836
00:42:03,454 --> 00:42:07,050
and maybe, just maybe, we
owe her something in return.
837
00:42:07,692 --> 00:42:12,255
I ask you, what act could
possibly be more courageous
838
00:42:12,330 --> 00:42:15,732
than sacrificing your own
son for the greater good?
839
00:42:17,769 --> 00:42:20,000
Should that really be a crime?
840
00:42:30,882 --> 00:42:33,215
Did Mrs. Payton call the police?
841
00:42:33,951 --> 00:42:36,182
That would have
been an act of courage.
842
00:42:36,287 --> 00:42:38,085
But she didn't do it.
843
00:42:39,190 --> 00:42:41,591
Did she tell her son's doctors
844
00:42:41,659 --> 00:42:44,595
that he had already
killed innocent people?
845
00:42:44,662 --> 00:42:48,429
That would've been courageous.
But she didn't do that, either.
846
00:42:49,367 --> 00:42:52,929
Yes, she's sympathetic.
I have a child myself,
847
00:42:53,004 --> 00:42:54,996
there but for the grace of God.
848
00:42:55,073 --> 00:42:56,632
But consider this:
849
00:42:57,508 --> 00:43:01,172
Mrs. Payton had an
opportunity to tell you
850
00:43:01,245 --> 00:43:04,682
that she killed her son to
save other people's lives.
851
00:43:04,782 --> 00:43:06,580
And she didn't do it.
852
00:43:06,984 --> 00:43:10,216
She had an opportunity
to tell you that she acted
853
00:43:10,288 --> 00:43:13,486
to stop her disturbed
son's suffering.
854
00:43:13,558 --> 00:43:16,392
And she didn't
tell you that, either.
855
00:43:19,730 --> 00:43:21,323
Yes,
856
00:43:21,399 --> 00:43:23,561
hers is a tragic story.
857
00:43:24,836 --> 00:43:27,169
But it's not a
defense to murder.
858
00:43:33,678 --> 00:43:35,840
JUDGE: Will the
defendant please rise?
859
00:43:38,249 --> 00:43:39,444
Have you reached a verdict?
860
00:43:39,517 --> 00:43:40,917
FOREPERSON: We have, Your Honor.
861
00:43:42,787 --> 00:43:46,849
On the sole count of the indictment,
murder in the second degree,
862
00:43:46,924 --> 00:43:48,722
we find the defendant guilty.
863
00:43:49,360 --> 00:43:50,437
JUDGE: Thank you.
You are hereby...
864
00:43:50,461 --> 00:43:53,397
FOREPERSON: Excuse me,
Your Honor, but we have a question.
865
00:43:53,698 --> 00:43:54,893
I mean,
866
00:43:55,700 --> 00:43:58,465
do we have to send
this defendant to jail?
867
00:44:02,240 --> 00:44:05,836
Fortunately, the Penal
Law guarantees her jail time.
868
00:44:05,910 --> 00:44:08,277
So Kay Hartley called
to take me to lunch.
869
00:44:08,346 --> 00:44:11,976
She probably wants to weasel a
sentencing recommendation out of you.
870
00:44:12,083 --> 00:44:13,278
Good night. Good night.
871
00:44:13,351 --> 00:44:14,351
JACK: Good night.
872
00:44:14,652 --> 00:44:18,589
It seems the only person who wants
Mrs. Payton in prison is Mrs. Payton.
873
00:44:18,689 --> 00:44:22,558
Well, we all do our emotional
penance in our own way.
874
00:44:22,627 --> 00:44:23,754
Including Kay.
875
00:44:23,828 --> 00:44:26,525
She'll have to work that much
longer to get her name on the door.
876
00:44:26,597 --> 00:44:28,566
Shame. Yes, it is.
66324
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