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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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