All language subtitles for Bull (2016) - 03x05 - The Missing Piece.AJP69.English.updated.Addic7ed.com

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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:05,483 --> 00:00:08,704 ...combination, really controlling the pace... 2 00:00:14,971 --> 00:00:17,974 That's the thing about these two fighters, 3 00:00:18,018 --> 00:00:20,411 they both have excellent footwork. 4 00:00:31,248 --> 00:00:33,685 Dad? 5 00:00:38,647 --> 00:00:40,823 What are you doing? 6 00:00:40,866 --> 00:00:42,912 You should be asleep, pal. 7 00:00:42,955 --> 00:00:45,088 I hear noise. 8 00:00:45,132 --> 00:00:47,221 That's just the TV. 9 00:00:47,264 --> 00:00:49,223 All right? Now close your eyes. 10 00:00:49,266 --> 00:00:51,268 I'm not tired. 11 00:00:53,488 --> 00:00:56,752 All right. I got business. 12 00:00:56,795 --> 00:00:59,450 All right? You stay in this bed. You hear me? 13 00:01:00,669 --> 00:01:03,193 I see you out of this bed, you and me got big problems. 14 00:01:03,237 --> 00:01:04,542 Yes, sir. 15 00:01:04,586 --> 00:01:06,588 All right. 16 00:01:14,552 --> 00:01:16,337 What's happening, man? Yo, what's good, man? 17 00:01:16,380 --> 00:01:17,773 What you need? Back up. Back up, man! 18 00:01:17,816 --> 00:01:19,296 I'll take it all. Give me the roll! 19 00:01:19,340 --> 00:01:22,212 Just give me the cash! Give me the roll! 20 00:01:28,958 --> 00:01:30,525 No, no. No! 21 00:01:49,065 --> 00:01:50,284 Your 10:00 a.m. is here. 22 00:01:53,504 --> 00:01:54,984 Dr. Harper came to see me yesterday. 23 00:01:55,027 --> 00:01:57,160 He has a rather daunting legal problem, 24 00:01:57,204 --> 00:01:58,422 and I immediately thought 25 00:01:58,466 --> 00:02:01,425 we're gonna need some more hands on deck. 26 00:02:01,469 --> 00:02:04,211 Well, before I sign on for the big voyage, 27 00:02:04,254 --> 00:02:06,169 let's begin at the beginning. 28 00:02:06,213 --> 00:02:08,084 Why don't you tell me what's going on? 29 00:02:08,128 --> 00:02:09,651 I'm a pediatrician. 30 00:02:09,694 --> 00:02:13,045 I live in White Plains just outside the city. 31 00:02:13,089 --> 00:02:16,875 I was in my offices here in Midtown, seeing a patient, 32 00:02:16,919 --> 00:02:18,486 just after 11:00 yesterday morning, 33 00:02:18,529 --> 00:02:21,358 when the police showed up to arrest me. 34 00:02:21,402 --> 00:02:22,751 What for? 35 00:02:22,794 --> 00:02:26,058 The execution-style murder 36 00:02:26,102 --> 00:02:28,452 of a heroin dealer in the Bronx. 37 00:02:28,496 --> 00:02:30,715 Okay. 38 00:02:30,759 --> 00:02:32,674 By the way, 39 00:02:32,717 --> 00:02:36,504 I don't believe that I have been in the Bronx in over a decade. 40 00:02:36,547 --> 00:02:40,508 I have never ever in my life done heroin. 41 00:02:40,551 --> 00:02:43,728 I'm not sure I'd know what it was if it were in front of me. 42 00:02:43,772 --> 00:02:48,733 I've not fired a gun that shoots anything bigger than a BB. 43 00:02:48,777 --> 00:02:52,694 And I was home with my wife and two girls 44 00:02:52,737 --> 00:02:57,525 when this... execution took place. 45 00:02:57,568 --> 00:03:00,528 Why do you think they arrested you? 46 00:03:02,399 --> 00:03:06,273 DNA evidence was recovered from under the victim's fingernails, 47 00:03:06,316 --> 00:03:08,362 the result of a struggle with the killer. 48 00:03:08,405 --> 00:03:10,233 And? 49 00:03:10,277 --> 00:03:13,367 It appears to belong to Dr. Harper. 50 00:03:13,410 --> 00:03:14,977 How close a match? 51 00:03:15,020 --> 00:03:18,633 100%. 52 00:03:20,417 --> 00:03:23,507 Not a lot of wiggle room there. 53 00:03:23,551 --> 00:03:26,423 Our new client, Dr. Michael Harper, 54 00:03:26,467 --> 00:03:28,512 is out on $1 million bail after having been arrested 55 00:03:28,556 --> 00:03:30,862 for the murder of Joseph Lowell, 56 00:03:30,906 --> 00:03:33,474 a heroin dealer who was killed in his apartment in the Bronx. 57 00:03:33,517 --> 00:03:35,606 We only represent the best clients. 58 00:03:35,650 --> 00:03:37,391 No sign of a break-in, 59 00:03:37,434 --> 00:03:40,481 which suggests the perpetrator was a known acquaintance. 60 00:03:40,524 --> 00:03:42,526 Additionally, he had just received a text 61 00:03:42,570 --> 00:03:45,877 from someone with an untraceable burner phone. 62 00:03:45,921 --> 00:03:48,445 Joseph, the drug dealer, was killed with his own gun, 63 00:03:48,489 --> 00:03:50,273 which was later discovered in the Hudson 64 00:03:50,317 --> 00:03:53,015 with no recoverable prints. 65 00:03:53,058 --> 00:03:55,017 So is Dr. Harper in fact 66 00:03:55,060 --> 00:03:57,454 a known acquaintance of this Joseph Lowell? 67 00:03:57,498 --> 00:04:00,414 He claims to have never heard his name 68 00:04:00,457 --> 00:04:03,721 before the police showed up at his medical practice. 69 00:04:03,765 --> 00:04:05,549 Okay, so if he's innocent, 70 00:04:05,593 --> 00:04:08,291 then how did his DNA end up on this dead drug dealer? 71 00:04:08,335 --> 00:04:10,162 At the moment, no one can answer that question, 72 00:04:10,206 --> 00:04:11,816 but Bull thinks it may have something to do 73 00:04:11,860 --> 00:04:14,297 with the way the police made their DNA match. 74 00:04:14,341 --> 00:04:15,559 What do you mean? 75 00:04:15,603 --> 00:04:16,821 After the police found 76 00:04:16,865 --> 00:04:19,389 what they suspected was the murderer's DNA 77 00:04:19,433 --> 00:04:21,565 under the victim's fingernails, they ran the sample 78 00:04:21,609 --> 00:04:24,525 through their internal database, and they came up dry. 79 00:04:24,568 --> 00:04:27,789 I'm confused. Then how did they make the match? 80 00:04:27,832 --> 00:04:29,617 They didn't, but it turns out that one of these 81 00:04:29,660 --> 00:04:32,489 big for-profit genealogy companies did. 82 00:04:32,533 --> 00:04:34,665 Dr. Harper's wife had sent them 83 00:04:34,709 --> 00:04:37,059 some of her husband's DNA as a birthday present. 84 00:04:37,102 --> 00:04:39,191 He's an only child, both his parents 85 00:04:39,235 --> 00:04:41,716 had passed two years ago, and he's got no sons. 86 00:04:41,759 --> 00:04:43,935 He started talking to her about how he felt 87 00:04:43,979 --> 00:04:45,241 he didn't really know where he came from, 88 00:04:45,285 --> 00:04:47,374 didn't really have a handle on his roots. 89 00:04:47,417 --> 00:04:49,637 That he was likely the last of his family, 90 00:04:49,680 --> 00:04:51,508 but he really had no idea who his family was. 91 00:04:51,552 --> 00:04:53,554 It seemed like the perfect gift. 92 00:04:53,597 --> 00:04:54,990 Wait. You're talking about one of those places 93 00:04:55,033 --> 00:04:56,600 you send a cheek swab into 94 00:04:56,644 --> 00:04:58,907 to find out what country your relatives came from? 95 00:04:58,950 --> 00:05:00,691 Is it even legal for them 96 00:05:00,735 --> 00:05:03,259 to turn over your private information like that? 97 00:05:03,303 --> 00:05:05,087 I'm betting they had a search warrant. 98 00:05:05,130 --> 00:05:07,307 They sure did. It was all on the up-and-up. 99 00:05:07,350 --> 00:05:09,526 Perfectly admissible in court. 100 00:05:09,570 --> 00:05:12,094 DNA? That's a, that's a tough one. 101 00:05:12,137 --> 00:05:15,402 Did you know that 95% of jurors are willing to convict 102 00:05:15,445 --> 00:05:17,447 based on DNA evidence alone? 103 00:05:17,491 --> 00:05:19,580 Okay, so let's review. 104 00:05:19,623 --> 00:05:21,930 This man had no relationship to the victim, 105 00:05:21,973 --> 00:05:25,237 had no criminal record, no history of drug abuse, 106 00:05:25,281 --> 00:05:27,631 had no ties to the crime whatsoever. 107 00:05:27,675 --> 00:05:30,286 And where did he say he was the night of the killing? 108 00:05:30,330 --> 00:05:31,896 Home with his family. 109 00:05:31,940 --> 00:05:35,160 Well, then there must have been a mistake, right? 110 00:05:36,205 --> 00:05:38,076 Now all we have to do is prove it. 111 00:05:38,120 --> 00:05:39,469 Your posture should be relaxed. 112 00:05:39,513 --> 00:05:43,560 More than anything, we want you to appear comfortable. 113 00:05:43,604 --> 00:05:45,693 You don't want to look like you're trying too hard. 114 00:05:45,736 --> 00:05:47,695 The jury can almost always sense it. 115 00:05:47,738 --> 00:05:49,392 Trying too hard to what? 116 00:05:49,436 --> 00:05:51,394 Save my husband's life? 117 00:05:51,438 --> 00:05:53,396 Look, I know that this is difficult, 118 00:05:53,440 --> 00:05:55,398 but alibis from family members 119 00:05:55,442 --> 00:05:57,313 are the toughest to get a jury to trust. 120 00:05:57,357 --> 00:05:59,141 You'd be surprised, the things that people say 121 00:05:59,184 --> 00:06:00,751 to protect their spouses. 122 00:06:00,795 --> 00:06:04,189 We were home, with our kids, watching television in bed. 123 00:06:04,233 --> 00:06:07,584 If I had known I would have to prove this in a trial... 124 00:06:10,457 --> 00:06:13,068 I'm sorry. 125 00:06:15,462 --> 00:06:17,420 He's a pediatrician. 126 00:06:17,464 --> 00:06:21,119 He makes kids feel better when they're sick. 127 00:06:21,163 --> 00:06:23,557 He comforts them when they're scared. 128 00:06:23,600 --> 00:06:24,775 That's who he is. 129 00:06:24,819 --> 00:06:25,907 Well, there you go. 130 00:06:25,950 --> 00:06:27,952 That's what the jury needs to know. 131 00:06:27,996 --> 00:06:30,259 That's what the jury needs to understand. 132 00:06:30,302 --> 00:06:33,610 You know I'm the one who sent his DNA to that company. 133 00:06:33,654 --> 00:06:35,830 Michael had nothing to do with it. 134 00:06:35,873 --> 00:06:38,702 This... is my fault. 135 00:06:38,746 --> 00:06:40,748 Mrs. Harper, you...It was a couple years ago. 136 00:06:40,791 --> 00:06:43,315 I'd completely forgotten about it until I got that e-mail. 137 00:06:43,359 --> 00:06:45,840 E-mail? 138 00:06:45,883 --> 00:06:48,582 What do you know about the Fourth Amendment? 139 00:06:48,625 --> 00:06:51,585 Uh, unreasonable search and seizure. 140 00:06:51,628 --> 00:06:53,587 It's one of my favorites. 141 00:06:53,630 --> 00:06:57,504 Why? You got a pop quiz coming up in constitutional law? 142 00:06:57,547 --> 00:06:59,114 Michael's wife is the one 143 00:06:59,157 --> 00:07:02,160 that sent his DNA sample to that genealogy company. 144 00:07:02,204 --> 00:07:04,380 I know that.But did you know this? 145 00:07:04,424 --> 00:07:05,729 A few days before the arrest, 146 00:07:05,773 --> 00:07:07,470 she got an e-mail from the company. 147 00:07:07,514 --> 00:07:09,820 It said they had received a duplicate sample 148 00:07:09,864 --> 00:07:11,648 and that they wanted to know 149 00:07:11,692 --> 00:07:13,955 if it was from her or another family member. 150 00:07:13,998 --> 00:07:16,218 She just told you that? 151 00:07:16,261 --> 00:07:17,741 I'm like a human can opener. 152 00:07:17,785 --> 00:07:19,526 People spend time with me, and they can't help themselves. 153 00:07:19,569 --> 00:07:20,744 All right. 154 00:07:20,788 --> 00:07:22,964 So where are you going with this? 155 00:07:23,007 --> 00:07:26,054 Well, we know the police were at a dead end. 156 00:07:26,097 --> 00:07:28,230 They couldn't I.D. the DNA from the crime scene 157 00:07:28,273 --> 00:07:30,058 using their databases. 158 00:07:30,101 --> 00:07:32,626 So they got a search warrant. You heard Danny. 159 00:07:32,669 --> 00:07:34,497 But how did they get it? 160 00:07:34,541 --> 00:07:36,586 To get a search warrant, you need probable cause. 161 00:07:36,630 --> 00:07:38,762 There's no way they could've known that Michael's wife 162 00:07:38,806 --> 00:07:40,808 sent his DNA into that genealogy company, 163 00:07:40,851 --> 00:07:43,245 or any genealogy company, for that matter. 164 00:07:43,288 --> 00:07:44,986 I know it sounds a little crazy, 165 00:07:45,029 --> 00:07:47,510 but what if, before they got the search warrant, 166 00:07:47,554 --> 00:07:50,687 they sent a sample of this DNA to the genealogy company... 167 00:07:50,731 --> 00:07:53,864 every genealogy company... posing as a customer, 168 00:07:53,908 --> 00:07:55,866 all as part of an elaborate ruse 169 00:07:55,910 --> 00:07:57,520 to get one of these companies to verify 170 00:07:57,564 --> 00:07:59,783 they had a match in their system? 171 00:07:59,827 --> 00:08:01,350 That way, they can go to a judge, and say, 172 00:08:01,393 --> 00:08:03,874 "We need a warrant for this particular company." 173 00:08:03,918 --> 00:08:05,833 Pretty good. 174 00:08:05,876 --> 00:08:08,270 The website would've flagged it as a duplicate match, 175 00:08:08,313 --> 00:08:10,664 alerted the original customer... 176 00:08:10,707 --> 00:08:13,275 And confirmed to the cops that the killer's DNA 177 00:08:13,318 --> 00:08:15,320 was in their system, without even realizing it. 178 00:08:15,364 --> 00:08:16,887 - Right. - So you're thinking 179 00:08:16,931 --> 00:08:18,759 if we take this to a judge, he or she might rule 180 00:08:18,802 --> 00:08:20,848 all this DNA evidence collected inadmissible? 181 00:08:22,371 --> 00:08:23,459 It's worth a shot. 182 00:08:23,503 --> 00:08:24,547 Your Honor, 183 00:08:24,591 --> 00:08:26,331 this e-mail was sent 184 00:08:26,375 --> 00:08:28,682 to Mrs. Harper five days prior to Michael's arrest, 185 00:08:28,725 --> 00:08:30,771 and three days prior to the application 186 00:08:30,814 --> 00:08:31,989 for a search warrant. 187 00:08:32,033 --> 00:08:33,251 It's clearly a Fourth Amendment violation. 188 00:08:34,949 --> 00:08:36,777 Uh, exactly how so? 189 00:08:36,820 --> 00:08:38,779 Well, the police contacted the website 190 00:08:38,822 --> 00:08:40,781 under an assumed identity, 191 00:08:40,824 --> 00:08:43,000 effectively tricking them into participating 192 00:08:43,044 --> 00:08:44,480 in a law enforcement investigation 193 00:08:44,524 --> 00:08:45,699 without their knowledge. 194 00:08:45,742 --> 00:08:47,744 And the A.D.A. here signed off on it. 195 00:08:47,788 --> 00:08:50,791 Your Honor, using a ruse, lying to a suspect 196 00:08:50,834 --> 00:08:53,184 to elicit information relevant to a criminal case 197 00:08:53,228 --> 00:08:55,796 is absolutely legal here in the state of New York. 198 00:08:55,839 --> 00:08:57,754 You didn't lie to a suspect, you lied to a public corporation. 199 00:08:57,798 --> 00:08:59,930 It has no effect on the legitimacy of the evidence. 200 00:08:59,974 --> 00:09:02,150 Doesn't say a whole hell of a lot about the integrity 201 00:09:02,193 --> 00:09:03,412 of the D.A.'s office. 202 00:09:03,455 --> 00:09:04,805 Kind of hard not to wonder what other rules 203 00:09:04,848 --> 00:09:06,023 you'd be willing to break. 204 00:09:06,067 --> 00:09:06,937 Enough. 205 00:09:06,981 --> 00:09:08,722 Judge Volk, the defense requests 206 00:09:08,765 --> 00:09:11,725 that the court suppress all evidence relating to this DNA 207 00:09:11,768 --> 00:09:13,814 since it was obtained through what amounts to 208 00:09:13,857 --> 00:09:15,772 an illegal search and seizure. 209 00:09:15,816 --> 00:09:17,818 Your Honor, you mustn't suppress that evidence. 210 00:09:17,861 --> 00:09:19,471 T-The government's entire case... 211 00:09:19,515 --> 00:09:21,909 Exactly! The government's entire case is built on fruit 212 00:09:21,952 --> 00:09:26,609 from a poisonous tree, and you must, therefore, suppress it. 213 00:09:26,653 --> 00:09:28,655 The discovery's troubling. 214 00:09:30,221 --> 00:09:31,788 But if the defense takes it up with anyone, 215 00:09:31,832 --> 00:09:33,921 they should take it up with the genealogy site. 216 00:09:33,964 --> 00:09:35,923 Not the police. 217 00:09:35,966 --> 00:09:38,665 They were just doing their job, 218 00:09:38,708 --> 00:09:40,144 trying to find a cold-blooded killer 219 00:09:40,188 --> 00:09:42,712 who orphaned a little boy. 220 00:09:44,235 --> 00:09:46,194 Are you aware that boy's mother died when he was a baby? 221 00:09:46,237 --> 00:09:49,023 That man, whatever his troubles, 222 00:09:49,066 --> 00:09:51,939 was all the boy had in the world. 223 00:09:51,982 --> 00:09:53,941 Now he's in the system. 224 00:09:53,984 --> 00:09:58,815 Where, in all likelihood, he'll remain until he turns 18. 225 00:09:58,859 --> 00:10:02,950 Someone has to be held responsible for that. 226 00:10:05,996 --> 00:10:07,824 The DNA match stands as evidence. 227 00:10:09,260 --> 00:10:11,523 This trial will continue. 228 00:10:22,230 --> 00:10:26,234 Anybody here ever heard of the Phantom of Heilbronn? 229 00:10:26,277 --> 00:10:27,539 Female serial killer, 230 00:10:27,583 --> 00:10:29,716 terrorized France, Germany, Austria, 231 00:10:29,759 --> 00:10:31,369 from 1993 to 2009? 232 00:10:33,110 --> 00:10:36,418 DNA evidence linked her to over 40 crimes, 233 00:10:36,461 --> 00:10:39,856 including six murders. 234 00:10:39,900 --> 00:10:42,685 And when I say "linked her," I mean figuratively, 235 00:10:42,729 --> 00:10:44,513 because even though they had all this DNA, 236 00:10:44,556 --> 00:10:45,949 they had no idea who she was. 237 00:10:47,429 --> 00:10:48,996 Three different countries. 238 00:10:49,039 --> 00:10:52,521 No apparent links at all between the victims. 239 00:10:52,564 --> 00:10:54,044 Made no sense. 240 00:10:54,088 --> 00:10:56,046 I sense a punch line coming. 241 00:10:56,090 --> 00:10:58,570 Well, the police finally tracked that DNA 242 00:10:58,614 --> 00:11:00,442 to a sweet old woman in Latvia 243 00:11:00,485 --> 00:11:04,141 who was working in a factory, manufacturing cotton swabs. 244 00:11:04,185 --> 00:11:06,404 I'm guessing the same cotton swabs 245 00:11:06,448 --> 00:11:09,886 used to gather the DNA evidence from the crime scenes. 246 00:11:09,930 --> 00:11:12,149 What happened? 247 00:11:12,193 --> 00:11:15,152 She must have contaminated them with her own DNA. 248 00:11:15,196 --> 00:11:16,850 Validate that man's parking. 249 00:11:16,893 --> 00:11:19,635 All right, until we find our own little Latvian woman 250 00:11:19,679 --> 00:11:22,594 working in a Q-tip factory, we need to find jurors whose 251 00:11:22,638 --> 00:11:24,553 psychological makeup 252 00:11:24,596 --> 00:11:26,381 will allow them to look 253 00:11:26,424 --> 00:11:29,384 past what seems to be incontrovertible evidence. 254 00:11:29,427 --> 00:11:31,429 How in the world do you do that? 255 00:11:31,473 --> 00:11:34,389 We look for jurors who rely on an affect heuristic 256 00:11:34,432 --> 00:11:35,607 when it comes to decision-making. 257 00:11:35,651 --> 00:11:38,436 I have no idea what you're talking about. 258 00:11:38,480 --> 00:11:42,092 A heuristic is a kind of mental shortcut 259 00:11:42,136 --> 00:11:44,181 we all use to make decisions throughout the day, 260 00:11:44,225 --> 00:11:46,575 and when those decisions are allowed to be colored 261 00:11:46,618 --> 00:11:48,708 by our mood or our feelings 262 00:11:48,751 --> 00:11:50,492 in the moment we make the decision, 263 00:11:50,535 --> 00:11:52,102 that is called an affect heuristic. 264 00:11:52,146 --> 00:11:55,627 Essentially, we want jurors who go with their gut. 265 00:11:55,671 --> 00:11:57,281 Why? 266 00:11:57,325 --> 00:11:59,109 Because the one thing there's no denying is that when you first 267 00:11:59,153 --> 00:12:00,894 meet our client, "killer" is not the word 268 00:12:00,937 --> 00:12:02,243 that pops into your head. 269 00:12:02,286 --> 00:12:03,810 Yeah, the guy's likable. 270 00:12:03,853 --> 00:12:05,463 You trust him. 271 00:12:05,507 --> 00:12:07,509 Not withstanding the charges against him, 272 00:12:07,552 --> 00:12:09,511 he strikes you as a good man. 273 00:12:09,554 --> 00:12:11,469 Yeah.And the thing about jurors is, 274 00:12:11,513 --> 00:12:13,602 if their first impression is positive, they are gonna 275 00:12:13,645 --> 00:12:15,473 struggle with the idea 276 00:12:15,517 --> 00:12:17,649 that they need to modify that impression. 277 00:12:17,693 --> 00:12:20,348 And the seemingly irrefutable DNA evidence 278 00:12:20,391 --> 00:12:23,003 - will have less impact. - And what do I need 279 00:12:23,046 --> 00:12:26,441 to ask them to figure out if they have this, um, this...? 280 00:12:26,484 --> 00:12:28,617 Affect heuristic?Yes. 281 00:12:28,660 --> 00:12:31,620 You don't have to ask them anything. 282 00:12:31,663 --> 00:12:33,796 You just have to open your eyes. 283 00:12:33,840 --> 00:12:36,930 Older woman in the gray sweater is looking 284 00:12:36,973 --> 00:12:39,367 at Michael like he's her grandson. We want her. 285 00:12:40,803 --> 00:12:42,326 But we haven't even talked to her yet. 286 00:12:42,370 --> 00:12:44,807 Words lie, body language doesn't. 287 00:12:44,851 --> 00:12:46,504 She likes him. 288 00:12:46,548 --> 00:12:47,810 But at the end of the day, 289 00:12:47,854 --> 00:12:49,812 it can't just be about an affect heuristic. 290 00:12:49,856 --> 00:12:52,597 That might net us one or two friends on the jury, 291 00:12:52,641 --> 00:12:54,817 but we're gonna need to broaden our search. 292 00:12:54,861 --> 00:12:57,124 Target jurors with pessimism bias, as well. 293 00:12:57,167 --> 00:12:58,865 People who tend to exaggerate 294 00:12:58,908 --> 00:13:00,475 the likelihood that negative things 295 00:13:00,518 --> 00:13:01,781 are going to happen to them. 296 00:13:01,824 --> 00:13:05,523 Why would I want these people on my jury? 297 00:13:05,567 --> 00:13:07,090 Because our narrative is that 298 00:13:07,134 --> 00:13:10,093 Michael is an innocent man, wrongly accused. 299 00:13:10,137 --> 00:13:12,574 I believe jurors with pessimism bias 300 00:13:12,617 --> 00:13:14,968 will put themselves in Michael's shoes. 301 00:13:15,011 --> 00:13:18,449 And the fear of something like this happening to them... 302 00:13:18,493 --> 00:13:21,931 it will likely dilute the importance of the evidence. 303 00:13:21,975 --> 00:13:24,194 Good morning.Good morning. 304 00:13:24,238 --> 00:13:25,587 Do you like to travel? 305 00:13:25,630 --> 00:13:27,154 I honestly couldn't say. 306 00:13:27,197 --> 00:13:28,546 I haven't done much of it. 307 00:13:28,590 --> 00:13:30,331 Any particular reason? 308 00:13:30,374 --> 00:13:33,073 I guess maybe I just feel safer at home. 309 00:13:33,116 --> 00:13:34,944 Safer how? 310 00:13:34,988 --> 00:13:37,729 Can't get in a plane crash if you don't get on a plane. 311 00:13:37,773 --> 00:13:38,861 Can't have terrorists take over your hotel 312 00:13:38,905 --> 00:13:40,254 if you don't go to the hotel 313 00:13:40,297 --> 00:13:41,603 in the first place. 314 00:13:45,563 --> 00:13:48,436 This juror is acceptable to the defense, Your Honor. 315 00:13:48,479 --> 00:13:50,830 Acceptable to the prosecution. 316 00:13:50,873 --> 00:13:52,570 Fantastic. 317 00:13:52,614 --> 00:13:55,312 We have ourselves a jury. 318 00:13:55,356 --> 00:13:56,574 We'll see all of you here 319 00:13:56,618 --> 00:13:59,447 bright and early tomorrow to start trial. 320 00:13:59,490 --> 00:14:02,493 So we've got four out of 12 jurors that are at least 321 00:14:02,537 --> 00:14:04,756 inclined to look past the evidence. 322 00:14:04,800 --> 00:14:05,932 I'll take it. 323 00:14:05,975 --> 00:14:07,672 All I need is one to get a mistrial. 324 00:14:07,716 --> 00:14:10,110 Talk about being happy 325 00:14:10,153 --> 00:14:12,373 in your work... 326 00:14:13,678 --> 00:14:16,377 Yeah. Wonder what that's about. 327 00:14:17,421 --> 00:14:19,597 Everything all right? 328 00:14:19,641 --> 00:14:20,729 Dr. Harper? 329 00:14:22,644 --> 00:14:25,734 What does the D.A.'s office know that we don't? 330 00:14:25,777 --> 00:14:27,170 What do you mean? 331 00:14:27,214 --> 00:14:28,824 What kind of question is that? 332 00:14:28,868 --> 00:14:30,173 Look, I get it. 333 00:14:30,217 --> 00:14:32,045 The D.A.'s office has DNA 334 00:14:32,088 --> 00:14:34,525 that would seem to prove you did this, 335 00:14:34,569 --> 00:14:36,397 and supposedly that's all they have, 336 00:14:36,440 --> 00:14:38,094 but common sense would suggest 337 00:14:38,138 --> 00:14:40,357 that in the absence of any other link 338 00:14:40,401 --> 00:14:41,793 to this crime, at least 339 00:14:41,837 --> 00:14:44,318 one juror is gonna take exception to the idea 340 00:14:44,361 --> 00:14:46,102 of putting you behind bars for the rest of your life. 341 00:14:46,146 --> 00:14:48,800 But the A.D.A. is not acting that way. 342 00:14:48,844 --> 00:14:51,455 In fact, he's acting like he has you dead to rights, 343 00:14:51,499 --> 00:14:53,631 and I would like to know why. 344 00:14:53,675 --> 00:14:56,852 Well, I can't help you with that. 345 00:14:56,896 --> 00:14:59,463 You never met the victim?Never. 346 00:14:59,507 --> 00:15:01,770 Never purchased illegal drugs?Never. 347 00:15:01,813 --> 00:15:03,554 Never consumed heroin? Never tried to buy heroin? 348 00:15:03,598 --> 00:15:05,687 You never contemplated trying to buy heroin? 349 00:15:05,730 --> 00:15:06,688 Of course not! 350 00:15:06,731 --> 00:15:08,820 Then why is the A.D.A. so damn sure 351 00:15:08,864 --> 00:15:11,388 he can draw a line between you and the victim? 352 00:15:11,432 --> 00:15:13,695 Or is it between you and heroin? 353 00:15:13,738 --> 00:15:15,653 Just trust me, 354 00:15:15,697 --> 00:15:17,264 whatever it is, they're gonna find it. 355 00:15:19,440 --> 00:15:21,616 And if I'm gonna keep you out of prison, 356 00:15:21,659 --> 00:15:24,097 I need to know about it. 357 00:15:26,664 --> 00:15:29,841 Can we go somewhere a little more private? 358 00:15:29,885 --> 00:15:33,628 Couple of years ago, I broke my ankle playing basketball. 359 00:15:33,671 --> 00:15:37,937 Emergency room doctor prescribed oxycodone. 360 00:15:37,980 --> 00:15:40,852 I took it. 361 00:15:40,896 --> 00:15:43,681 I kept taking it, even after my ankle healed. 362 00:15:46,032 --> 00:15:48,469 And I'd never done drugs before. 363 00:15:48,512 --> 00:15:52,255 I mean, never so much as smoked pot in college. 364 00:15:53,778 --> 00:15:55,737 It was so serene being high. 365 00:15:55,780 --> 00:15:58,261 So tranquil. 366 00:15:58,305 --> 00:16:00,002 Mm. 367 00:16:00,046 --> 00:16:02,526 I never experienced that before. 368 00:16:02,570 --> 00:16:04,833 You ever write your own prescription? 369 00:16:04,876 --> 00:16:06,182 A doctor writing his own prescription 370 00:16:06,226 --> 00:16:07,792 for a controlled substance... 371 00:16:07,836 --> 00:16:10,708 the AMA would not look kindly on that. 372 00:16:10,752 --> 00:16:12,145 No. Never. 373 00:16:12,188 --> 00:16:14,495 The prescriptions were all legitimate. 374 00:16:14,538 --> 00:16:16,845 All from other doctors. 375 00:16:18,542 --> 00:16:20,631 Of course, my wife figured it out. 376 00:16:21,850 --> 00:16:25,071 Mm, she knew something was going on. 377 00:16:25,114 --> 00:16:26,855 She threw away the pills 378 00:16:26,898 --> 00:16:29,989 and threatened to leave with the kids if I didn't quit. 379 00:16:30,032 --> 00:16:33,253 Did you go to rehab? 380 00:16:33,296 --> 00:16:34,950 No, I did it myself. 381 00:16:34,994 --> 00:16:38,084 It was rough, but... I was lucky. 382 00:16:38,127 --> 00:16:41,043 I was able to do it on my own. 383 00:16:41,087 --> 00:16:44,394 My wife's the only one who knows. 384 00:16:44,438 --> 00:16:46,222 I wouldn't count on that. 385 00:16:46,266 --> 00:16:48,050 I'm sure the A.D.A. has already gone 386 00:16:48,094 --> 00:16:50,748 through your prescription records, and once 387 00:16:50,792 --> 00:16:52,707 he sees multiples on the oxy, he is gonna make the case 388 00:16:52,750 --> 00:16:56,058 that you got tired of having to beg your doctors to supply you 389 00:16:56,102 --> 00:16:59,540 with drugs and switched to heroin, which is what happens 390 00:16:59,583 --> 00:17:02,978 more often than not when people get hooked on oxy. 391 00:17:03,022 --> 00:17:06,329 But... that would be a lie. 392 00:17:06,373 --> 00:17:10,899 Look, I swear to you, I have never done heroin, 393 00:17:10,942 --> 00:17:14,903 and I've never heard of this man. 394 00:17:16,905 --> 00:17:20,387 I did not, I could not kill that man. 395 00:17:22,476 --> 00:17:24,478 Okay. 396 00:17:24,521 --> 00:17:28,351 Then we're not putting the wife on the stand. 397 00:17:28,395 --> 00:17:29,831 Jody? She's his alibi. 398 00:17:29,874 --> 00:17:32,834 Well, no. She is also the only one who knows that he had 399 00:17:32,877 --> 00:17:35,097 an addiction to opioid painkillers, 400 00:17:35,141 --> 00:17:38,970 the most common gateway drug to heroin, which is what 401 00:17:39,014 --> 00:17:40,537 the murder victim was selling. 402 00:17:40,581 --> 00:17:42,670 But what if the A.D.A. calls her? 403 00:17:42,713 --> 00:17:45,934 Well, then we'll just have to claim spousal privilege. 404 00:17:45,977 --> 00:17:48,850 I mean, she's married to the accused. 405 00:17:48,893 --> 00:17:50,895 They can't compel her to take the stand. 406 00:17:50,939 --> 00:17:55,204 I don't like it, but what choice do we have? 407 00:17:56,249 --> 00:17:58,816 Morning. Get your scorecards. 408 00:17:58,860 --> 00:18:01,993 You can't tell the players without a scorecard. 409 00:18:05,127 --> 00:18:06,433 What's going on? 410 00:18:06,476 --> 00:18:08,522 He's springing a new witness on us. 411 00:18:08,565 --> 00:18:11,742 I don't know who he is or how he ties in to all this. 412 00:18:11,786 --> 00:18:13,831 Do you know a Dr. David Parsons? 413 00:18:15,833 --> 00:18:18,053 He's my neighbor. 414 00:18:18,097 --> 00:18:20,011 Just your neighbor? 415 00:18:20,055 --> 00:18:22,536 Well, he's a doctor. 416 00:18:22,579 --> 00:18:25,669 Your oxy connection, right? 417 00:18:32,981 --> 00:18:35,114 Dr. Parsons, how do you know Dr. Michael Harper? 418 00:18:35,157 --> 00:18:38,160 We've been neighbors and friends for the past seven years. 419 00:18:38,204 --> 00:18:42,382 Around the same age, both in the same profession. 420 00:18:42,425 --> 00:18:45,515 And have you ever treated Dr. Harper as a patient? 421 00:18:45,559 --> 00:18:48,083 Depends on how you define "patient." 422 00:18:48,127 --> 00:18:50,041 He is a friend. 423 00:18:50,085 --> 00:18:53,132 And I did help him with some follow-up 424 00:18:53,175 --> 00:18:55,699 after he broke his ankle a few years ago. 425 00:18:55,743 --> 00:18:58,006 What kind of follow-up? 426 00:18:59,050 --> 00:19:01,183 Pain management. 427 00:19:01,227 --> 00:19:05,448 This was a few months after he broke it. 428 00:19:05,492 --> 00:19:09,017 He told me the ankle was still acting up. 429 00:19:09,060 --> 00:19:11,759 And so you wrote him a prescription for oxycodone? 430 00:19:11,802 --> 00:19:13,369 An opiate? 431 00:19:13,413 --> 00:19:14,762 I did. 432 00:19:14,805 --> 00:19:16,633 Did you believe he was in pain? 433 00:19:16,677 --> 00:19:18,418 Most definitely. 434 00:19:18,461 --> 00:19:21,072 Most definitely? 435 00:19:21,116 --> 00:19:23,292 The truth is, you had no way 436 00:19:23,336 --> 00:19:25,468 of really knowing, did you, Dr. Parsons? 437 00:19:29,733 --> 00:19:32,301 Did you? 438 00:19:32,345 --> 00:19:34,651 The witness will please answer the question. 439 00:19:36,827 --> 00:19:38,742 I depended largely 440 00:19:38,786 --> 00:19:42,659 on Dr. Harper's anecdotal impressions, 441 00:19:42,703 --> 00:19:45,096 but that's true with many patients. 442 00:19:45,140 --> 00:19:48,535 But again, it had been three months since the accident. 443 00:19:48,578 --> 00:19:50,450 Yeah, that's true, but it is not unusual for... 444 00:19:50,493 --> 00:19:52,103 In fact, you didn't write him one prescription. 445 00:19:52,147 --> 00:19:53,366 You wrote him three, didn't you? 446 00:19:53,409 --> 00:19:55,106 Over a period of about six weeks. 447 00:19:55,150 --> 00:19:58,197 And was that it, or did he ask for another? 448 00:20:02,723 --> 00:20:05,943 I'd like to remind you you are under oath, Dr. Parsons. 449 00:20:08,772 --> 00:20:10,731 Yes, he did. 450 00:20:10,774 --> 00:20:14,213 But you said "no"? 451 00:20:16,693 --> 00:20:18,652 I became concerned. 452 00:20:18,695 --> 00:20:20,741 I spoke to his wife.Is it safe 453 00:20:20,784 --> 00:20:22,351 to assume that you no longer thought 454 00:20:22,395 --> 00:20:24,179 he was most definitely in pain? 455 00:20:24,223 --> 00:20:25,833 You could assume that. 456 00:20:25,876 --> 00:20:27,443 And isn't it true that when 457 00:20:27,487 --> 00:20:29,924 an addict can no longer get a prescription for oxycodone, 458 00:20:29,967 --> 00:20:32,274 it's common for them to turn to street drugs? 459 00:20:32,318 --> 00:20:35,321 Most often heroin, which is exactly what Joseph Lowell sold? 460 00:20:35,364 --> 00:20:36,583 Objection! 461 00:20:36,626 --> 00:20:38,237 Speculation. 462 00:20:38,280 --> 00:20:41,283 Dr. Parsons is not an addiction expert, nor is he a mind reader. 463 00:20:41,327 --> 00:20:44,068 Your Honor, David Parsons is a doctor, 464 00:20:44,112 --> 00:20:45,896 and his training makes him intimately familiar 465 00:20:45,940 --> 00:20:48,116 with the world of opioid painkillers. 466 00:20:48,159 --> 00:20:49,160 I'll allow it. 467 00:20:49,204 --> 00:20:50,901 Dr. Parsons, 468 00:20:50,945 --> 00:20:54,296 doesn't oxycodone addiction commonly lead 469 00:20:54,340 --> 00:20:55,819 to heroin addiction? 470 00:21:03,305 --> 00:21:06,090 Yes. 471 00:21:06,134 --> 00:21:08,658 That's the conventional wisdom. 472 00:21:10,747 --> 00:21:14,273 No further questions, Your Honor. 473 00:21:20,540 --> 00:21:24,457 Oh, um, would you have anything a little stronger? 474 00:21:24,500 --> 00:21:28,852 I might have a little something under lock and key. 475 00:21:28,896 --> 00:21:30,637 I'll be right back. 476 00:21:32,378 --> 00:21:34,336 You know, 477 00:21:34,380 --> 00:21:37,208 just because a person abused a prescription drug, 478 00:21:37,252 --> 00:21:39,385 that doesn't make them a killer. 479 00:21:39,428 --> 00:21:43,127 No. The DNA makes him a killer. 480 00:21:43,171 --> 00:21:45,347 The oxy habit is just the assistant 481 00:21:45,391 --> 00:21:47,175 district attorney's way of dotting all the "I"s 482 00:21:47,218 --> 00:21:48,655 and crossing all the "T"s, 483 00:21:48,698 --> 00:21:52,311 lest any juror try to cultivate some reasonable doubt. 484 00:21:53,442 --> 00:21:54,965 Anyone else? 485 00:21:55,009 --> 00:21:56,358 Dr. Bull? 486 00:21:56,402 --> 00:21:59,448 Never on a day that ends in "Y." 487 00:22:01,276 --> 00:22:03,496 I'm sorry I got you all into this. 488 00:22:04,801 --> 00:22:06,237 Who am I kidding? 489 00:22:06,281 --> 00:22:08,370 I'm sorry I got myselfinto this. 490 00:22:08,414 --> 00:22:09,980 Dr. Bull, 491 00:22:10,024 --> 00:22:11,721 you know, ever since you told us that story 492 00:22:11,765 --> 00:22:14,376 about the, uh, the old lady with the cotton swabs, 493 00:22:14,420 --> 00:22:18,293 I've been researching false positives as they relate to DNA. 494 00:22:18,337 --> 00:22:20,034 And while there aren't a lot of them, 495 00:22:20,077 --> 00:22:23,167 there was a case in California, uh, just a few years ago. 496 00:22:23,211 --> 00:22:24,865 Let's see. 497 00:22:24,908 --> 00:22:27,650 Guy was arrested for murder based solely on DNA evidence, 498 00:22:27,694 --> 00:22:29,086 just like Dr. Harper, 499 00:22:29,130 --> 00:22:31,219 and he swore up and down he was innocent. 500 00:22:31,262 --> 00:22:32,960 And it turns out, he was. 501 00:22:33,003 --> 00:22:35,397 They figured out his DNA ended up on the victim 502 00:22:35,441 --> 00:22:37,399 because of something called "DNA migration." 503 00:22:37,443 --> 00:22:39,358 Never heard of it. You? 504 00:22:39,401 --> 00:22:40,924 No. 505 00:22:40,968 --> 00:22:43,274 It's the secondary transfer of DNA. 506 00:22:43,318 --> 00:22:45,625 And it happens because the average person sheds 507 00:22:45,668 --> 00:22:48,628 somewhere between 40 and 50 million skin cells a day. 508 00:22:48,671 --> 00:22:51,761 Turns out we leave them behind everywhere we go 509 00:22:51,805 --> 00:22:53,633 on everything we touch. 510 00:22:53,676 --> 00:22:56,070 Door handles, elevator buttons, 511 00:22:56,113 --> 00:22:59,160 the creamer jug at the coffee shop. 512 00:22:59,203 --> 00:23:00,901 Also, they don't stay put. 513 00:23:00,944 --> 00:23:03,425 Those cells, that DNA... just end up on the next person 514 00:23:03,469 --> 00:23:05,384 who touches the creamer jug. 515 00:23:05,427 --> 00:23:07,342 Sounds like you may have found a way 516 00:23:07,386 --> 00:23:09,388 to un-dot some "I"s and uncross some "T"s. 517 00:23:09,431 --> 00:23:11,215 So you're saying 518 00:23:11,259 --> 00:23:13,609 a creamer jug or something like it might explain 519 00:23:13,653 --> 00:23:15,350 how Dr. Harper's DNA ended up 520 00:23:15,394 --> 00:23:17,091 under the dead man's fingernails? 521 00:23:17,134 --> 00:23:18,222 Exactly. 522 00:23:18,266 --> 00:23:20,355 Marissa, line up a DNA expert, 523 00:23:20,399 --> 00:23:23,184 someone who can spoon-feed this concept to the jury. 524 00:23:23,227 --> 00:23:25,229 You think that'll be enough? 525 00:23:25,273 --> 00:23:29,408 No. We'll need something concrete, some kind of proof 526 00:23:29,451 --> 00:23:32,759 that our client and the murder victim were both in 527 00:23:32,802 --> 00:23:34,587 the same place on the day of the murder. 528 00:23:34,630 --> 00:23:36,110 Taylor, is there any way you could try 529 00:23:36,153 --> 00:23:38,808 and retrace the steps of both men that day, 530 00:23:38,852 --> 00:23:42,464 see if there's a point of intersection, 531 00:23:42,508 --> 00:23:44,423 hopefully a mutual point of contact? 532 00:23:44,466 --> 00:23:48,122 With a little luck... and some loud music. 533 00:23:48,165 --> 00:23:51,430 Is that something you might be available to do tonight? 534 00:23:51,473 --> 00:23:53,388 I think we can make that happen. 535 00:23:55,651 --> 00:24:00,177 I'm lit, throw it in the air, we ain't worried about it... 536 00:24:00,221 --> 00:24:02,441 We know Dr. Harper lives here, 537 00:24:02,484 --> 00:24:04,747 and he works here. 538 00:24:04,791 --> 00:24:06,488 He takes the Metro-North Train 539 00:24:06,532 --> 00:24:07,881 from White Plains to Grand Central. 540 00:24:07,924 --> 00:24:09,491 Makes sense. 541 00:24:09,535 --> 00:24:11,493 And based on the info from the victim's phone, 542 00:24:11,537 --> 00:24:14,453 we know that after he dropped his son off at school, 543 00:24:14,496 --> 00:24:16,367 the day of his death, he came into Manhattan 544 00:24:16,411 --> 00:24:19,893 to "make some deliveries" and "solicit new business." 545 00:24:19,936 --> 00:24:23,331 Based on where he lived, I realized it was almost certain 546 00:24:23,374 --> 00:24:26,334 he took the subway from 180th Street 547 00:24:26,377 --> 00:24:27,727 to...?Grand Central Station. 548 00:24:27,770 --> 00:24:29,293 Exactly. 549 00:24:29,337 --> 00:24:32,209 All right. So, that's our potential point of intersection, 550 00:24:32,253 --> 00:24:34,342 our haystack. 551 00:24:34,385 --> 00:24:36,518 The good doctor and the drug dealer are our needles. 552 00:24:39,739 --> 00:24:43,569 How did you get this in the middle of the night? 553 00:24:43,612 --> 00:24:45,701 I just called the MTA. 554 00:24:45,745 --> 00:24:47,616 And they just gave it to you? 555 00:24:47,660 --> 00:24:50,053 Yup. Of course... 556 00:24:50,097 --> 00:24:53,535 I might have cheated, might have forgotten to mention 557 00:24:53,579 --> 00:24:57,539 I no longer work with Homeland. 558 00:24:57,583 --> 00:24:59,585 You're scary. 559 00:24:59,628 --> 00:25:01,891 But still, it's Grand Central Station. 560 00:25:01,935 --> 00:25:04,111 There's got to be, what, hundreds of thousands of people 561 00:25:04,154 --> 00:25:05,591 going through there every day? 562 00:25:05,634 --> 00:25:07,331 How are you gonna find Dr. Harper? 563 00:25:07,375 --> 00:25:09,638 I already did. 564 00:25:09,682 --> 00:25:11,858 There are only so many trains from White Plains 565 00:25:11,901 --> 00:25:13,424 that line up with his office hours. 566 00:25:13,468 --> 00:25:14,991 I worked backward from there. 567 00:25:15,035 --> 00:25:16,863 Already strung together all the footage he's in, 568 00:25:16,906 --> 00:25:18,821 from the moment he walks in the doors at the station 569 00:25:18,865 --> 00:25:20,562 until he gets on the train. 570 00:25:20,606 --> 00:25:23,304 I was just about to review it when you showed up. 571 00:25:23,347 --> 00:25:26,089 I want you in my lifeboat, baby. 572 00:25:27,308 --> 00:25:29,528 Well, he's pretty relaxed 573 00:25:29,571 --> 00:25:32,574 for a man planning to kill a guy later that night. 574 00:25:32,618 --> 00:25:34,097 Oh, my God, that's it. 575 00:25:34,141 --> 00:25:35,664 The guy even 576 00:25:35,708 --> 00:25:38,580 grabs Dr. Harper's arm with his hand, 577 00:25:38,624 --> 00:25:40,539 with his fingernails. 578 00:25:42,236 --> 00:25:43,454 All right, now tell me 579 00:25:43,498 --> 00:25:45,413 you have an angle where we can see his face. 580 00:25:45,456 --> 00:25:47,458 That's all I've got. 581 00:25:49,373 --> 00:25:51,985 This can't be it. 582 00:25:52,028 --> 00:25:54,596 That woman, there? 583 00:25:54,640 --> 00:25:57,207 She's got her phone up like she's taking a selfie? 584 00:25:58,905 --> 00:26:02,604 What are the chances she has both our guys in that photo? 585 00:26:02,648 --> 00:26:04,519 Mm, it's a long shot. 586 00:26:04,563 --> 00:26:06,434 You know what's also a long shot? 587 00:26:06,477 --> 00:26:10,394 That I can figure out or find out who that woman is, 588 00:26:10,438 --> 00:26:12,396 what her cell phone IP address is, 589 00:26:12,440 --> 00:26:15,530 crack it and find the picture. 590 00:26:17,663 --> 00:26:20,622 But is it... impossible? 591 00:26:24,626 --> 00:26:27,411 Dr. Bull, Mr. Col�n? 592 00:26:27,455 --> 00:26:29,631 I was just about to leave my office when I was delivered 593 00:26:29,675 --> 00:26:32,852 an updated witness list from the A.D.A. 594 00:26:32,895 --> 00:26:34,505 They're putting Sam Lowell on the stand. 595 00:26:34,549 --> 00:26:37,596 The victim's son. He's a child. 596 00:26:37,639 --> 00:26:39,598 Good morning. 597 00:26:39,641 --> 00:26:42,209 Sam, thank you for testifying today. 598 00:26:42,252 --> 00:26:43,906 You're welcome. 599 00:26:43,950 --> 00:26:46,256 You understand this is 600 00:26:46,300 --> 00:26:49,651 a court of law, that when people sit in that chair 601 00:26:49,695 --> 00:26:51,740 you're sitting in they're expected to tell the truth? 602 00:26:51,784 --> 00:26:53,263 I know that. 603 00:26:53,307 --> 00:26:54,656 Good. 604 00:26:54,700 --> 00:26:57,920 So with that in mind, 605 00:26:57,964 --> 00:27:01,271 can you tell me about the night your father was murdered? 606 00:27:01,315 --> 00:27:04,492 Yes, sir. 607 00:27:04,535 --> 00:27:07,626 So after you heard your father let in a stranger, 608 00:27:07,669 --> 00:27:10,672 you opened your bedroom door and looked out. 609 00:27:10,716 --> 00:27:12,761 Can you tell us what you saw? 610 00:27:12,805 --> 00:27:15,634 I saw my... 611 00:27:15,677 --> 00:27:18,898 I saw my dad... 612 00:27:18,941 --> 00:27:21,640 lying on the ground. 613 00:27:21,683 --> 00:27:24,686 There was a lot of blood. 614 00:27:24,730 --> 00:27:27,341 And did you see anything else? 615 00:27:27,384 --> 00:27:29,909 Did you see anybody else? 616 00:27:29,952 --> 00:27:33,695 I saw... a man. 617 00:27:33,739 --> 00:27:35,697 And that man... 618 00:27:37,133 --> 00:27:39,701 Do you see that man in this courtroom today? 619 00:27:41,616 --> 00:27:43,183 He's right over there. 620 00:27:52,322 --> 00:27:55,804 The simple truth is they have... your DNA. 621 00:27:55,848 --> 00:27:57,588 They have an eyewitness, 622 00:27:57,632 --> 00:27:59,503 and they have created a plausible 623 00:27:59,547 --> 00:28:02,202 relationship between you and the victim 624 00:28:02,245 --> 00:28:06,075 based on your dependence on oxycodone. 625 00:28:06,119 --> 00:28:09,078 I thought that you had some theory 626 00:28:09,122 --> 00:28:12,647 about my DNA and the victim's DNA... 627 00:28:12,691 --> 00:28:14,910 maybe I bumped into him somewhere. 628 00:28:14,954 --> 00:28:16,912 Grand Central Station. 629 00:28:16,956 --> 00:28:18,740 "He" turned out to be a she. 630 00:28:21,787 --> 00:28:23,919 The girl who tripped on the stairs? 631 00:28:25,399 --> 00:28:27,923 If only you had asked me. 632 00:28:27,967 --> 00:28:30,926 I'm sorry to have gotten your hopes up. 633 00:28:30,970 --> 00:28:33,537 I really do believe 634 00:28:33,581 --> 00:28:36,192 this is the best course of action. 635 00:28:44,113 --> 00:28:47,726 Gosh. If I had known I was gonna be so outnumbered, 636 00:28:47,769 --> 00:28:49,858 I'd have brought more people. 637 00:28:56,691 --> 00:28:59,563 My client has never wavered in his proclamation of innocence. 638 00:28:59,607 --> 00:29:02,175 And I would not want these conversations to suggest 639 00:29:02,218 --> 00:29:04,133 otherwise.But? 640 00:29:04,177 --> 00:29:08,616 But... what kind of terms might we be able to come to 641 00:29:08,659 --> 00:29:12,359 if... Dr. Harper agreed to plead guilty? 642 00:29:12,402 --> 00:29:15,144 Well... 643 00:29:15,188 --> 00:29:17,712 he's staring at 25 to life right now. 644 00:29:19,192 --> 00:29:20,976 I'd go to 20. 645 00:29:21,020 --> 00:29:22,978 Well, that's not much of a deal. 646 00:29:23,022 --> 00:29:25,415 The man is in his 40s. 647 00:29:25,459 --> 00:29:27,374 You're right. 648 00:29:27,417 --> 00:29:29,593 Forget it. Let's just let the jury decide. 649 00:29:29,637 --> 00:29:31,595 15 years to life. 650 00:29:31,639 --> 00:29:34,816 No parole prior to 15 years served. 651 00:29:34,860 --> 00:29:38,080 Let's keep in mind, he's charged with killing a drug dealer. 652 00:29:38,124 --> 00:29:41,518 That doesn't make the murder any less of a crime, 653 00:29:41,562 --> 00:29:43,825 but you never know what might happen 654 00:29:43,869 --> 00:29:45,392 during jury deliberations. 655 00:29:45,435 --> 00:29:47,786 Someone might seize on it, and... 656 00:29:49,309 --> 00:29:51,267 15 to life. 657 00:29:51,311 --> 00:29:53,269 You should be a lawyer. 658 00:29:53,313 --> 00:29:55,402 I need 24 hours to sell it to my client. 659 00:29:55,445 --> 00:29:58,884 I'll call the judge and request a recess for tomorrow. 660 00:30:01,147 --> 00:30:03,584 I can't make sense of any of it. 661 00:30:03,627 --> 00:30:06,152 I mean, you are asking me 662 00:30:06,195 --> 00:30:09,024 to willingly agree to... to give up a minimum 663 00:30:09,068 --> 00:30:11,679 of a decade and a half of my life. 664 00:30:15,030 --> 00:30:18,468 And my girls will be all grown up by the time I get out. 665 00:30:20,514 --> 00:30:23,473 My wife... 666 00:30:23,517 --> 00:30:25,649 if she's still willing to be my wife... 667 00:30:25,693 --> 00:30:29,001 Stop that. Sorry. 668 00:30:31,525 --> 00:30:33,570 It's just this... 669 00:30:33,614 --> 00:30:36,399 This defies all logic for me. 670 00:30:38,271 --> 00:30:40,316 I mean, it's... 671 00:30:40,360 --> 00:30:41,970 It's like I'm discovering 672 00:30:42,014 --> 00:30:44,016 that night no longer follows day, 673 00:30:44,059 --> 00:30:48,063 that the ground is not beneath us, the sky is not above us. 674 00:30:50,544 --> 00:30:55,201 I never met that man they said I killed. 675 00:30:55,244 --> 00:30:57,159 And that little boy... 676 00:30:57,203 --> 00:30:59,553 he's wrong... 677 00:30:59,596 --> 00:31:02,643 or confused about what he saw. 678 00:31:03,687 --> 00:31:05,733 And as far as 679 00:31:05,776 --> 00:31:09,911 the DNA evidence is concerned, 680 00:31:09,955 --> 00:31:12,131 I'm a doctor. 681 00:31:12,174 --> 00:31:16,091 I'm a man of science. I know that what they are asserting... 682 00:31:16,135 --> 00:31:18,267 is absolute. 683 00:31:18,311 --> 00:31:20,400 It's unimpeachable. 684 00:31:21,531 --> 00:31:26,232 The only problem is I'm me, 685 00:31:26,275 --> 00:31:30,410 24 hours a day. 686 00:31:30,453 --> 00:31:33,369 I was not there, I did not do it, 687 00:31:33,413 --> 00:31:35,632 and I know that with just as much certainty 688 00:31:35,676 --> 00:31:39,419 as the science is screaming that I must have. 689 00:31:42,422 --> 00:31:44,728 If only I didn't send that sample. 690 00:31:44,772 --> 00:31:47,166 No. Mm-mm.I'm sorry. 691 00:31:50,734 --> 00:31:53,389 It was such a thoughtful thing. 692 00:31:56,479 --> 00:32:00,005 My parents, 693 00:32:00,048 --> 00:32:04,357 they never liked to talk about the past. 694 00:32:04,400 --> 00:32:06,620 Whenever I'd ask them where we came from, 695 00:32:06,663 --> 00:32:09,014 they'd just throw their hands up in the air 696 00:32:09,057 --> 00:32:11,277 and say we were Americans. 697 00:32:13,105 --> 00:32:15,759 To finally read about... 698 00:32:15,803 --> 00:32:17,413 my family's history, 699 00:32:17,457 --> 00:32:20,851 the bad parts, the slave ships... 700 00:32:20,895 --> 00:32:23,419 ...the good parts. 701 00:32:24,420 --> 00:32:26,988 That my ancestors fought 702 00:32:27,032 --> 00:32:30,209 side by side with the colonists to... 703 00:32:30,252 --> 00:32:34,343 secure this freedom for this country from Britain. 704 00:32:38,521 --> 00:32:41,524 I'm the last of the line. 705 00:32:43,526 --> 00:32:46,486 And my legacy is... 706 00:32:46,529 --> 00:32:49,445 I killed a man. 707 00:32:52,144 --> 00:32:55,886 Not that I've helped hundreds of kids get through... 708 00:32:55,930 --> 00:32:59,020 infancy and adolescence 709 00:32:59,064 --> 00:33:01,849 in good health. 710 00:33:04,156 --> 00:33:07,724 Not that I married this amazing woman. 711 00:33:09,378 --> 00:33:14,296 And helped bring two phenomenal girls into this world. 712 00:33:16,168 --> 00:33:17,734 Just... 713 00:33:19,954 --> 00:33:22,783 ...I killed a man. 714 00:33:24,524 --> 00:33:27,222 A man I never met. 715 00:33:34,577 --> 00:33:37,711 I promised the A.D.A. that... 716 00:33:37,754 --> 00:33:41,106 we'd let him know within 24 hours. 717 00:34:07,610 --> 00:34:10,744 7:22 in the morning. 718 00:34:10,787 --> 00:34:12,093 Definitely makes me an early bird. 719 00:34:12,137 --> 00:34:14,052 Question is, does that make you two worms? 720 00:34:14,095 --> 00:34:16,706 I couldn't sleep. 721 00:34:16,750 --> 00:34:18,056 I called Taylor. 722 00:34:18,099 --> 00:34:19,666 Luckily, I was alone. 723 00:34:19,709 --> 00:34:22,582 And she agreed to come in here and help me with something. 724 00:34:22,625 --> 00:34:25,019 Get back to the part where you said you couldn't sleep. 725 00:34:25,063 --> 00:34:29,023 I just couldn't stop thinking about poor Dr. Harper. 726 00:34:29,067 --> 00:34:31,199 You were not alone in that. 727 00:34:31,243 --> 00:34:33,984 Something in the way he said his parents never wanted to talk 728 00:34:34,028 --> 00:34:36,726 about the past, how it seemed like he's spent... 729 00:34:36,770 --> 00:34:38,989 his whole life feeling... 730 00:34:39,033 --> 00:34:40,817 disconnected. 731 00:34:40,861 --> 00:34:43,168 I'm not unfamiliar with that feeling. 732 00:34:43,211 --> 00:34:45,822 You're talking about... 733 00:34:45,866 --> 00:34:47,911 being adopted. 734 00:34:47,955 --> 00:34:50,914 Dr. Harper wasn't adopted. 735 00:34:50,958 --> 00:34:53,482 I don't understand how any of this applies. 736 00:34:54,527 --> 00:34:57,095 Found this 45 minutes ago. 737 00:34:58,922 --> 00:35:01,229 What am I looking at? 738 00:35:01,273 --> 00:35:02,665 His mother's medical records. 739 00:35:02,709 --> 00:35:04,537 The woman he believes is his mother. 740 00:35:04,580 --> 00:35:07,192 Elinor Harper had a hysterectomy at 23. 741 00:35:07,235 --> 00:35:08,454 Uterine fibroids. 742 00:35:08,497 --> 00:35:11,457 Dr. Harper came into her life when she was 28. 743 00:35:11,500 --> 00:35:13,154 She can't be his biological mother. 744 00:35:13,198 --> 00:35:14,112 It's not possible. 745 00:35:17,376 --> 00:35:20,118 So, why am I looking at this birth certificate? 746 00:35:20,161 --> 00:35:21,249 I mean, who is this? 747 00:35:21,293 --> 00:35:23,599 Who is... Jackson McKay? 748 00:35:24,644 --> 00:35:26,820 You are, Dr. Harper. 749 00:35:26,863 --> 00:35:29,388 Jackson McKay was your name 750 00:35:29,431 --> 00:35:31,346 for the first 14 months of your life, 751 00:35:31,390 --> 00:35:33,609 right up until your parents, the Harpers, 752 00:35:33,653 --> 00:35:35,263 adopted you. 753 00:35:35,307 --> 00:35:37,091 Adopted? 754 00:35:37,135 --> 00:35:39,093 I'm not adopted. 755 00:35:39,137 --> 00:35:40,225 I know it's got to come as a shock, 756 00:35:40,268 --> 00:35:42,662 but I have a folder full of records here 757 00:35:42,705 --> 00:35:45,099 that proves you are. 758 00:35:45,143 --> 00:35:47,362 I'm sorry, why are you telling us this now? 759 00:35:47,406 --> 00:35:49,973 This is why. 760 00:35:50,017 --> 00:35:52,280 What's this now? 761 00:35:52,324 --> 00:35:55,196 Your brother's birth certificate. 762 00:35:55,240 --> 00:35:57,764 Your twin brother. 763 00:35:58,808 --> 00:36:01,420 Oh, my God. 764 00:36:01,463 --> 00:36:03,509 The only other person on the planet 765 00:36:03,552 --> 00:36:07,382 who has exactly the same DNA that you do. 766 00:36:07,426 --> 00:36:10,646 100% match. 767 00:36:10,690 --> 00:36:13,171 Can you identify the man in this photo? 768 00:36:14,215 --> 00:36:16,174 That's Brandon McKay. 769 00:36:18,306 --> 00:36:20,265 And how do you know Mr. McKay? 770 00:36:20,308 --> 00:36:22,223 He's what we would call a client 771 00:36:22,267 --> 00:36:25,792 at the city shelter on 156th Street where I work. 772 00:36:25,835 --> 00:36:27,272 Like a lot of our clients, 773 00:36:27,315 --> 00:36:29,665 he would come in when it got too cold to be on the street. 774 00:36:29,709 --> 00:36:31,014 Objection, Your Honor. 775 00:36:31,058 --> 00:36:33,016 What exactly is the point of this witness? 776 00:36:33,060 --> 00:36:34,757 I have no idea, Counselor. 777 00:36:34,801 --> 00:36:37,238 But I assure you, I'm fascinated. 778 00:36:37,282 --> 00:36:39,240 Objection overruled. 779 00:36:39,284 --> 00:36:42,983 You are a social worker and addiction counselor. 780 00:36:43,026 --> 00:36:45,464 Can you talk about some of the underlying conditions 781 00:36:45,507 --> 00:36:46,900 that you believe contributed 782 00:36:46,943 --> 00:36:49,294 to Mr. McKay's chronic homelessness? 783 00:36:49,337 --> 00:36:50,730 Like a lot of our clients, 784 00:36:50,773 --> 00:36:53,167 Mr. McKay struggled with an addiction to heroin. 785 00:36:53,211 --> 00:36:55,169 And he had a violent streak. 786 00:36:55,213 --> 00:36:56,910 I remember he got into a fistfight with one 787 00:36:56,953 --> 00:36:58,999 of the other residents two Christmases ago. 788 00:36:59,042 --> 00:37:01,610 Do you happen to have his shelter records with you? 789 00:37:01,654 --> 00:37:04,439 I do.And do your records happen to indicate 790 00:37:04,483 --> 00:37:06,311 Mr. McKay's birth date? 791 00:37:07,355 --> 00:37:10,271 March 2, 1975. 792 00:37:10,315 --> 00:37:14,232 The exact same birth date as Dr. Harper. 793 00:37:16,843 --> 00:37:18,192 Give me a sense. 794 00:37:18,236 --> 00:37:20,194 It's starting to look less like a stoplight 795 00:37:20,238 --> 00:37:22,240 and more like a Christmas tree in here. 796 00:37:24,633 --> 00:37:28,420 So, what did Brandon McKay have that my client didn't? 797 00:37:28,463 --> 00:37:30,857 For one, motive. 798 00:37:30,900 --> 00:37:33,512 He was in dire need of heroin and money. 799 00:37:33,555 --> 00:37:36,341 By robbing the victim's supply, he could get both. 800 00:37:36,384 --> 00:37:39,387 Second, opportunity. 801 00:37:39,431 --> 00:37:41,389 He was a known associate of the victim, 802 00:37:41,433 --> 00:37:45,306 someone Joseph would've let into his home no questions asked. 803 00:37:45,350 --> 00:37:48,570 And was Dr. Harper identified by the victim's son? 804 00:37:48,614 --> 00:37:49,919 Of course. 805 00:37:49,963 --> 00:37:53,096 Because he looks exactly like the murderer. 806 00:37:53,140 --> 00:37:55,185 He's his twin brother. 807 00:37:55,229 --> 00:37:57,927 But the most important thing 808 00:37:57,971 --> 00:38:01,322 is the one thing these two men shared. 809 00:38:01,366 --> 00:38:03,411 Their DNA. 810 00:38:03,455 --> 00:38:08,024 Identical twins' DNA is identical. 811 00:38:08,068 --> 00:38:10,940 A 100% match. 812 00:38:10,984 --> 00:38:13,421 Which means there is no way to tell 813 00:38:13,465 --> 00:38:16,859 which one of the brothers committed this crime, 814 00:38:16,903 --> 00:38:19,601 even if, in your hearts, 815 00:38:19,645 --> 00:38:23,083 I think you already know. 816 00:38:27,217 --> 00:38:29,263 Very well then. That concludes the closing arguments. 817 00:38:29,307 --> 00:38:32,048 And in anticipation of the jury beginning 818 00:38:32,092 --> 00:38:33,049 their deliberations... 819 00:38:33,093 --> 00:38:34,355 Your Honor, 820 00:38:34,399 --> 00:38:36,879 I apologize for the, uh, interruption. 821 00:38:36,923 --> 00:38:39,447 But before we ask the jury to deliberate 822 00:38:39,491 --> 00:38:42,189 upon the evidence and the testimony, 823 00:38:42,232 --> 00:38:44,409 I was hoping to request a short recess 824 00:38:44,452 --> 00:38:47,020 so that I might confer with opposing counsel 825 00:38:47,063 --> 00:38:51,546 and save the court and the jury some time and... 826 00:38:51,590 --> 00:38:52,547 trouble. 827 00:38:54,897 --> 00:38:58,640 Let's take a 20-minute recess in my chambers. 828 00:39:00,642 --> 00:39:02,209 What do you think that means? 829 00:39:02,252 --> 00:39:03,819 Only good things. 830 00:39:06,474 --> 00:39:09,085 Do you want some company? 831 00:39:09,129 --> 00:39:10,696 Sure. 832 00:39:12,741 --> 00:39:14,700 So, 833 00:39:14,743 --> 00:39:17,703 when he says they're dropping all the charges... 834 00:39:17,746 --> 00:39:19,357 It means you're free. 835 00:39:19,400 --> 00:39:21,663 It means it's over. They realize they made a mistake. 836 00:39:21,707 --> 00:39:22,882 A mistake you might 837 00:39:22,925 --> 00:39:24,449 actually want to sue them for.Mm. 838 00:39:24,492 --> 00:39:27,365 But that's a conversation we can have another time. 839 00:39:27,408 --> 00:39:30,759 So, now what happens to my brother? 840 00:39:30,803 --> 00:39:32,587 Will there be another trial? 841 00:39:32,631 --> 00:39:34,415 Well, if there were, 842 00:39:34,459 --> 00:39:36,678 the same way his DNA gave us reasonable doubt, 843 00:39:36,722 --> 00:39:38,376 yours would do the same for him. 844 00:39:38,419 --> 00:39:41,379 There's no way, definitively, 845 00:39:41,422 --> 00:39:43,163 to prove which one of you did it. 846 00:39:43,206 --> 00:39:45,426 So they won't prosecute? 847 00:39:45,470 --> 00:39:46,993 They can't. 848 00:39:47,036 --> 00:39:49,561 Dr. Harper, the second we found out 849 00:39:49,604 --> 00:39:51,214 that you had an identical twin, 850 00:39:51,258 --> 00:39:54,217 I had my team out in the field looking for him. 851 00:39:54,261 --> 00:39:55,784 And we found him. 852 00:39:57,786 --> 00:39:59,179 I'm sorry. 853 00:39:59,222 --> 00:40:01,007 Uh... 854 00:40:01,050 --> 00:40:04,489 he's been in the Philadelphia City Morgue for three days 855 00:40:04,532 --> 00:40:07,579 as a result of an overdose. 856 00:40:08,406 --> 00:40:10,364 Michael, he was a junkie. 857 00:40:10,408 --> 00:40:11,757 A murderer. 858 00:40:11,800 --> 00:40:14,455 But he looked just like me. 859 00:40:14,499 --> 00:40:16,805 You're not the same. 860 00:40:16,849 --> 00:40:19,112 I know, but... 861 00:40:19,155 --> 00:40:22,681 still, I looked him up on-online. 862 00:40:22,724 --> 00:40:25,510 We both played basketball in high school. 863 00:40:25,553 --> 00:40:27,468 Forward. 864 00:40:27,512 --> 00:40:29,949 We both struggled with addiction. 865 00:40:29,992 --> 00:40:33,474 I had a few fistfights when I was young. 866 00:40:33,518 --> 00:40:35,607 We shared some demons. 867 00:40:35,650 --> 00:40:38,044 You're wondering why your life turned out one way 868 00:40:38,087 --> 00:40:40,438 and his turned out another?No, I know. 869 00:40:40,481 --> 00:40:43,005 I had parents that put me through school 870 00:40:43,049 --> 00:40:46,182 and a wife that helped me with my sobriety. 871 00:40:46,226 --> 00:40:47,967 Maybe. Let's not forget 872 00:40:48,010 --> 00:40:49,229 about free will. 873 00:40:49,272 --> 00:40:52,537 Our DNA is not our destiny. 874 00:40:52,580 --> 00:40:55,409 We can change it, piece by piece, choice by choice. 875 00:40:55,453 --> 00:40:56,802 If we're strong enough. 876 00:40:56,845 --> 00:40:58,630 Which you were. 877 00:40:58,673 --> 00:41:00,414 So what about the boy? 878 00:41:00,458 --> 00:41:02,068 The victim's son. 879 00:41:02,111 --> 00:41:03,852 The one who identified me. 880 00:41:03,896 --> 00:41:05,593 The assistant district attorney said 881 00:41:05,637 --> 00:41:07,377 he went to live with his cousins. 882 00:41:07,421 --> 00:41:10,424 They seem happy to have him, and he seems happy to be there. 883 00:41:12,600 --> 00:41:15,560 You should go home, play with your kids. 884 00:41:15,603 --> 00:41:17,431 It's a beautiful afternoon. 885 00:41:17,475 --> 00:41:20,478 That it is. 886 00:41:24,830 --> 00:41:26,222 So, what is everybody else 887 00:41:26,266 --> 00:41:27,615 doing the rest of the day? 888 00:41:27,659 --> 00:41:29,138 Oh, I think I'm going home, 889 00:41:29,182 --> 00:41:30,792 calling my brother and sister. 890 00:41:30,836 --> 00:41:32,533 Wow. 891 00:41:32,577 --> 00:41:34,535 That's a great idea. I think I'm gonna do the same thing. 892 00:41:34,579 --> 00:41:35,710 Dr. Bull? 893 00:41:35,754 --> 00:41:37,146 Actually, I'm gonna go back to the office 894 00:41:37,190 --> 00:41:39,148 and try and track down an old girlfriend. 895 00:41:39,192 --> 00:41:43,501 It's a family affair 896 00:41:43,544 --> 00:41:45,981 It's a family affair. 66355

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