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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:06,323 --> 00:00:08,042 In the criminal justice system 2 00:00:08,125 --> 00:00:11,983 the people are represented by two separate yet equally important groups, 3 00:00:12,062 --> 00:00:13,883 the police who investigate crime 4 00:00:13,964 --> 00:00:16,718 and the district attorneys who prosecute the offenders. 5 00:00:16,800 --> 00:00:18,416 These are their stories. 6 00:00:22,372 --> 00:00:25,956 It's unbelievable. It holds, like, over 10,000 songs. 7 00:00:26,043 --> 00:00:28,660 Dude, you don't even know 10,000 songs. 8 00:00:28,745 --> 00:00:30,223 And where do you get off buying something like this 9 00:00:30,247 --> 00:00:31,591 when you still owe me a hundred bucks? 10 00:00:31,615 --> 00:00:34,198 I know 100,000 songs. 11 00:00:34,284 --> 00:00:36,435 That's why they call me the Human Juke Box. 12 00:00:36,820 --> 00:00:40,439 Hey, grab me a corn muffin. I got to hit the head. 13 00:00:40,524 --> 00:00:42,982 Yeah, yeah, yeah. Black coffee and a corn muffin. 14 00:00:51,068 --> 00:00:53,458 Yo, bro. Canadian. 15 00:00:53,837 --> 00:00:56,193 So? What is the difference? 16 00:00:56,273 --> 00:00:58,253 About 30 cents on the damned dollar! 17 00:00:58,342 --> 00:01:00,959 It's useless, you understand? It's a slug! 18 00:01:15,259 --> 00:01:16,511 Jerry? 19 00:01:19,463 --> 00:01:20,613 Jerry! 20 00:01:21,398 --> 00:01:23,676 We got 20 or so injured, a couple of them serious. 21 00:01:23,700 --> 00:01:25,054 Lucky it wasn't rush hour. 22 00:01:25,135 --> 00:01:26,713 It would have been worse, but the ferry troop 23 00:01:26,737 --> 00:01:28,181 pulled a bunch of the injured out of the water. 24 00:01:28,205 --> 00:01:29,845 They're real heroes. They deserve a medal. 25 00:01:29,906 --> 00:01:33,422 One DOA. Female, white. We found her purse on the rear upper deck. 26 00:01:33,510 --> 00:01:34,510 ID? 27 00:01:34,578 --> 00:01:38,697 Yeah. Driver's license says her name's Donna McClean, 34. Brooklyn address. 28 00:01:38,782 --> 00:01:41,206 Thanks. Hey, Brody, what you got? 29 00:01:41,685 --> 00:01:44,245 The foam around her mouth would indicate she drowned. 30 00:01:44,354 --> 00:01:47,210 Looks like she hit her head on the side of the boat when she fell. 31 00:01:47,291 --> 00:01:51,046 Pretty nasty blow. Wouldn't be surprised if she fractured her skull. 32 00:01:51,128 --> 00:01:52,128 All right. 33 00:01:52,829 --> 00:01:53,853 Hey, anything? 34 00:01:53,930 --> 00:01:56,445 No, everybody says the boat should have stopped, but didn't. 35 00:01:56,533 --> 00:01:57,990 Smacked the dock petal to the medal. 36 00:01:58,068 --> 00:01:59,218 Did anybody see her go in? 37 00:01:59,369 --> 00:02:00,513 No. Nobody mentioned a thing. 38 00:02:00,537 --> 00:02:02,221 Carlsen. DOT. 39 00:02:02,306 --> 00:02:05,094 I'm curious. What's Homicide doing at an accident scene? 40 00:02:05,175 --> 00:02:07,098 Two words, "dead body." Criminal liability. 41 00:02:07,177 --> 00:02:08,721 Well, we don't know that yet. Well, we do 42 00:02:08,745 --> 00:02:10,759 until we prove otherwise, okay? 43 00:02:10,847 --> 00:02:13,328 Detective? I found this in the Pilothouse. 44 00:02:15,152 --> 00:02:16,836 Gin. See what I mean? 45 00:02:16,920 --> 00:02:19,276 Okay. Let's go talk to Captain Tanqueray. 46 00:02:19,356 --> 00:02:21,541 The pilot we got back here. You lead the way. 47 00:02:26,730 --> 00:02:28,687 He was just here. He was drinking coffee. 48 00:02:28,765 --> 00:02:30,484 You left him by himself? 49 00:02:30,567 --> 00:02:32,879 Sorry. I'll, um... I'm going to get you his name and address. 50 00:02:32,903 --> 00:02:34,257 Do that, man. 51 00:02:34,338 --> 00:02:36,819 Hey, can you get CSU to dust and voucher these cups? 52 00:02:38,241 --> 00:02:40,494 That's an awful lot of coffee for one guy, isn't it? 53 00:02:40,577 --> 00:02:42,432 Not if you're trying to sober up. 54 00:02:49,286 --> 00:02:50,868 Damn! What are the Feds doing here? 55 00:02:50,954 --> 00:02:53,571 Federal Maritime Law. You kill somebody in U.S. waters 56 00:02:53,657 --> 00:02:55,876 through negligence or misconduct. 57 00:02:57,694 --> 00:02:58,810 NYPD? 58 00:02:58,895 --> 00:03:00,716 Homicide. Detective Green. 59 00:03:01,565 --> 00:03:02,681 Fontana. 60 00:03:02,766 --> 00:03:04,052 Special Agent Diamond. 61 00:03:04,401 --> 00:03:05,653 The pilot's MIA. 62 00:03:05,769 --> 00:03:07,209 But then, I guess you guys know that. 63 00:03:07,637 --> 00:03:09,117 Sorry, guys, this one's ours. 64 00:03:09,206 --> 00:03:10,492 Well, if you need anything. 65 00:03:11,241 --> 00:03:13,494 I appreciate it. Take it easy. 66 00:03:15,112 --> 00:03:16,364 Stiff. 67 00:03:16,446 --> 00:03:18,130 Yeah, when you walk on water. 68 00:03:19,216 --> 00:03:21,173 Come on, I want to show you something. 69 00:03:26,757 --> 00:03:27,941 You see this stuff? 70 00:03:28,492 --> 00:03:29,881 This is copper based paint. 71 00:03:29,993 --> 00:03:31,313 I think they use it on boats 72 00:03:31,395 --> 00:03:33,512 and ships and hulls. Stuff like that. 73 00:03:33,597 --> 00:03:36,342 What are you saying? That the Feds are looking for the wrong kind of vehicle? 74 00:03:36,366 --> 00:03:37,652 Maybe the guy's got a boat. 75 00:03:37,734 --> 00:03:39,512 Well, wouldn't the boat be registered with his car? 76 00:03:39,536 --> 00:03:41,425 Let's see if it's registered in his wife's name. 77 00:03:42,639 --> 00:03:44,358 You did say we'd help him. Uh-huh. 78 00:03:48,979 --> 00:03:50,333 There's no signs of life. 79 00:03:50,414 --> 00:03:52,792 Hey, if we see anything, we step off, we get a warrant, all right? 80 00:03:52,816 --> 00:03:54,068 Oh, yeah, sure. 81 00:03:58,021 --> 00:04:00,240 Mr. Williams? Anybody home? 82 00:04:02,092 --> 00:04:03,208 It's the police. 83 00:04:04,461 --> 00:04:08,250 Captain? NYPD. We need to talk to you, sir. 84 00:04:15,405 --> 00:04:17,192 Aw, jeez Louise! 85 00:05:08,725 --> 00:05:10,512 Is he going to make it? - Uh-huh. 86 00:05:10,594 --> 00:05:12,176 Lucky we got here in time. 87 00:05:13,396 --> 00:05:14,876 Thanks. You're welcome. 88 00:05:17,400 --> 00:05:18,481 What the hell is this? 89 00:05:18,568 --> 00:05:20,787 I'm going to tell you what it is, Agent Diamond. 90 00:05:20,871 --> 00:05:24,797 It's my tailor-made Italian silk shirt with his blood on it. 91 00:05:24,875 --> 00:05:26,491 A little thing we like to call evidence. 92 00:05:26,576 --> 00:05:28,727 You take it and you run a toxicology screen. 93 00:05:28,812 --> 00:05:30,701 And by the way, I'm billing the FBI. 94 00:05:30,914 --> 00:05:32,098 Now, excuse me. 95 00:05:36,186 --> 00:05:39,770 $300 Italian silk. I got it the last time I was in Rome, 96 00:05:39,856 --> 00:05:42,974 at this great little negozio just off the Piazza Navona. 97 00:05:43,960 --> 00:05:45,610 Oh, well. Easy come, easy go. 98 00:05:45,695 --> 00:05:47,482 Listen, I just heard from the U.S. Attorney. 99 00:05:47,564 --> 00:05:49,487 They're running his blood alcohol now. 100 00:05:49,566 --> 00:05:51,077 Guaranteed he was three sheets to the wind. 101 00:05:51,101 --> 00:05:52,461 Anyway, he's the Feds' problem now. 102 00:05:52,536 --> 00:05:55,552 Yeah, but a couple of the injured were city workers, 103 00:05:55,639 --> 00:05:58,894 so the Manhattan D.A. is planning to file charges of his own. 104 00:05:58,975 --> 00:06:00,455 So what are you saying, Lieutenant? 105 00:06:00,544 --> 00:06:03,560 I'm going to need you to re-interview those witnesses. 106 00:06:04,314 --> 00:06:05,862 I got a clean shirt in my locker. 107 00:06:07,918 --> 00:06:09,068 $300 shirts? 108 00:06:09,686 --> 00:06:11,734 You should see his ride! 109 00:06:15,392 --> 00:06:17,008 I was working forward deck. 110 00:06:17,093 --> 00:06:19,779 I heard a scream, and then a splash, 111 00:06:19,863 --> 00:06:21,320 and then the ferry hit the dock. 112 00:06:21,398 --> 00:06:23,958 Wait. Run that by me again. You heard something before the crash. 113 00:06:24,167 --> 00:06:26,784 Yes. I went to the starboard side rail. 114 00:06:26,870 --> 00:06:28,691 I thought I saw someone in the water, 115 00:06:28,772 --> 00:06:30,729 but then the boat hit and threw me down. 116 00:06:30,907 --> 00:06:33,229 You're sure that's the way it happened? Yes. 117 00:06:33,310 --> 00:06:36,098 Scream, splash, somebody's in the water, crash. 118 00:06:36,179 --> 00:06:37,179 Positive. 119 00:06:37,747 --> 00:06:39,431 Excuse me. 120 00:06:39,516 --> 00:06:43,237 Hello? Uh-huh. Okay. Thanks. 121 00:06:44,654 --> 00:06:47,408 Lab results are in. Pilot wasn't intoxicated. 122 00:06:48,091 --> 00:06:49,946 Well, whose flask of gin did we find then? 123 00:06:50,026 --> 00:06:52,541 Who knows? It could have been from the night shift. 124 00:06:53,530 --> 00:06:54,770 Doesn't mean he's off the hook. 125 00:06:54,831 --> 00:06:56,686 He was still asleep behind the wheel. 126 00:06:56,766 --> 00:07:00,214 Deck hand says he heard a scream and a splash before the crash. 127 00:07:00,303 --> 00:07:02,317 Donna McClean, the DOA? Maybe. 128 00:07:02,405 --> 00:07:04,365 The deck hand thinks he saw somebody in the water, 129 00:07:04,441 --> 00:07:05,488 but he's not sure who. 130 00:07:05,575 --> 00:07:07,157 Why couldn't it have been suicide? 131 00:07:07,277 --> 00:07:08,955 Well, it could have been, but why would you wait 132 00:07:08,979 --> 00:07:10,936 until you're almost docked to take a swan dive? 133 00:07:11,014 --> 00:07:12,692 Why not take your shot in the middle of the harbor 134 00:07:12,716 --> 00:07:14,173 where nobody could fish you out? 135 00:07:14,250 --> 00:07:15,962 Plus the head injury. That's more like she fell. 136 00:07:15,986 --> 00:07:17,763 If she had jumped, she probably would have cleared the boat. 137 00:07:17,787 --> 00:07:19,506 If she fell, that's an accident. 138 00:07:19,589 --> 00:07:20,705 Not if she had help. 139 00:07:20,790 --> 00:07:23,612 Then she's our DOA, not the Feds'. 140 00:07:25,261 --> 00:07:26,718 Hairline skull fracture. 141 00:07:27,497 --> 00:07:29,477 Traces of paint found in the head wound 142 00:07:29,566 --> 00:07:31,546 match paint from the lower railing. 143 00:07:31,635 --> 00:07:32,912 There was blood on the railing, too. 144 00:07:32,936 --> 00:07:34,552 Yeah. DNA lab's running it now. 145 00:07:34,638 --> 00:07:36,254 I'll bet you a dollar it's hers. 146 00:07:36,640 --> 00:07:37,790 Did the fall kill her? 147 00:07:37,874 --> 00:07:40,799 Well, didn't do her any good, but not directly, no. 148 00:07:41,311 --> 00:07:42,655 It might have knocked her out cold, 149 00:07:42,679 --> 00:07:45,001 but she was alive when she hit the water. She drowned. 150 00:07:45,115 --> 00:07:47,004 Any defensive wounds? Did she struggle? 151 00:07:47,083 --> 00:07:48,083 No. 152 00:07:49,986 --> 00:07:53,206 But look at these bruises. 153 00:07:54,658 --> 00:07:57,412 Hmm. Just about the height of the top rail. 154 00:07:58,294 --> 00:08:00,072 Right where they'd be if somebody pushed her hard enough 155 00:08:00,096 --> 00:08:01,519 to put her into the drink. 156 00:08:05,468 --> 00:08:06,868 McCLEAN: Any idea what happened yet? 157 00:08:06,936 --> 00:08:09,087 The investigation is going to take a while. 158 00:08:09,406 --> 00:08:10,926 So far they're not ruling out anything. 159 00:08:11,508 --> 00:08:13,864 What was your wife doing on that ferry anyway? 160 00:08:13,943 --> 00:08:16,103 She had an appointment to get her hair done in Midtown. 161 00:08:17,380 --> 00:08:18,632 Mr. McClean. 162 00:08:20,350 --> 00:08:22,273 Was your wife depressed at all? 163 00:08:23,019 --> 00:08:26,911 What are you talking about? Are you saying she jumped? This was an accident. 164 00:08:27,390 --> 00:08:29,001 We have a witness that may have seen Donna 165 00:08:29,025 --> 00:08:30,812 in the water before the ferry crashed. 166 00:08:30,894 --> 00:08:34,183 No way. We were very happy. We have a great family. 167 00:08:35,265 --> 00:08:36,619 She'd never leave us on purpose. 168 00:08:38,168 --> 00:08:39,386 You're a firefighter? 169 00:08:41,271 --> 00:08:42,271 Retired. 170 00:08:43,339 --> 00:08:44,489 You were there? Ground Zero? 171 00:08:46,076 --> 00:08:48,056 Yeah. We all were. 172 00:08:49,579 --> 00:08:50,831 Ed? 173 00:08:51,347 --> 00:08:52,736 Sarah's crying again. 174 00:08:54,384 --> 00:08:55,807 Look, I appreciate your concern, 175 00:08:55,885 --> 00:08:57,638 but this was an accident. 176 00:08:58,154 --> 00:09:01,443 So find out who was responsible and nail them to the wall, okay? 177 00:09:05,228 --> 00:09:08,050 When you were a kid, did you ever call your old man by his first name? 178 00:09:08,131 --> 00:09:11,818 Not unless I wanted to smell the Aqua Velva on the back of his hand. 179 00:09:13,803 --> 00:09:15,920 Okay. I got it. Thanks. 180 00:09:16,406 --> 00:09:18,227 Donna McClean legally changed her name 181 00:09:18,308 --> 00:09:20,561 about two years ago when she married Ed McClean. 182 00:09:20,643 --> 00:09:22,794 Before that she was Donna Mahar, 183 00:09:22,879 --> 00:09:25,360 married to a Joe Mahar, also a firefighter. 184 00:09:25,448 --> 00:09:26,837 So let's go talk to Joe Mahar. 185 00:09:26,916 --> 00:09:28,669 Uh-uh. Died in 9/11. 186 00:09:28,752 --> 00:09:31,312 He was in the same engine company as Ed McClean. 187 00:09:34,657 --> 00:09:36,273 Joe and Ed were inseparable. 188 00:09:36,359 --> 00:09:38,214 Frick and Frigging Frack we called them. 189 00:09:38,294 --> 00:09:40,139 That's why Ed got assigned Donna after Joe died. 190 00:09:40,163 --> 00:09:41,187 Assigned? 191 00:09:41,297 --> 00:09:43,550 When one of our own dies, we look after the widow. 192 00:09:43,633 --> 00:09:45,386 Help them with groceries, bills. 193 00:09:46,336 --> 00:09:49,317 I think Ed did more than unpack a few D'Agostino bags. 194 00:09:49,405 --> 00:09:51,590 Hey, listen. Things happen. 195 00:09:51,674 --> 00:09:53,434 You know how emotional it was. The aftermath. 196 00:09:53,476 --> 00:09:54,830 We all lost near and dear. 197 00:09:54,911 --> 00:09:57,597 Yeah, so I'm saying they comforted each other. 198 00:09:57,680 --> 00:10:00,104 Right after the attacks, Ed spent a lot of time with Donna. 199 00:10:00,216 --> 00:10:02,230 All right. One thing led to another. 200 00:10:03,186 --> 00:10:05,371 Well, what about Ed? Was he married? 201 00:10:05,455 --> 00:10:07,811 Collette. High school sweethearts. That kind of thing. 202 00:10:07,891 --> 00:10:10,281 They got kids? Ten-year-olds. Twin boys. 203 00:10:10,360 --> 00:10:11,544 He's a good father, Ed. 204 00:10:12,028 --> 00:10:14,987 Really? And he left their mother for his best friend's widow? 205 00:10:16,766 --> 00:10:19,691 What kind of settlement did Donna get for her husband's death? 206 00:10:19,769 --> 00:10:21,817 Those 9/11 settlements ran in the millions. 207 00:10:21,905 --> 00:10:24,090 Ed wasn't after her money. 208 00:10:24,174 --> 00:10:26,894 He fell in love with Donna. He didn't mean to, he just did. 209 00:10:32,982 --> 00:10:34,262 You looking for Collette? 210 00:10:35,451 --> 00:10:38,933 Yeah. NYPD. Do you know where we can find her? 211 00:10:39,422 --> 00:10:40,538 She's at work. 212 00:10:41,024 --> 00:10:42,744 How well do you known the McCleans? 213 00:10:43,026 --> 00:10:44,745 Yeah, her name's Connolly now. 214 00:10:44,828 --> 00:10:47,252 It's her maiden name. She went back to it after the divorce. 215 00:10:48,464 --> 00:10:50,142 So, do you know Ed and Collette pretty well? 216 00:10:50,166 --> 00:10:51,418 Sure. Forever. 217 00:10:52,202 --> 00:10:53,886 This is a very tight-knit community. 218 00:10:54,437 --> 00:10:55,437 Was. 219 00:10:56,439 --> 00:10:58,679 Come in for a minute. I got to keep an eye on my husband. 220 00:11:02,078 --> 00:11:05,435 You know, people have to wait a little longer in line at the airports, 221 00:11:05,515 --> 00:11:07,905 saying 9/11 changed everything. 222 00:11:09,152 --> 00:11:10,541 They have no idea. 223 00:11:10,620 --> 00:11:13,237 This neighborhood? We used to do everything together. 224 00:11:13,323 --> 00:11:15,975 I mean, everybody worked for the fire department, police. 225 00:11:16,893 --> 00:11:18,145 Now we're strangers. 226 00:11:19,295 --> 00:11:22,083 Divorce, remarriage... 227 00:11:22,832 --> 00:11:25,791 It will never be like it was, that's for sure. 228 00:11:27,403 --> 00:11:30,055 9/11's going to kill Russ just as sure as it killed Joe 229 00:11:30,139 --> 00:11:32,119 and the other men who were there that day. 230 00:11:32,208 --> 00:11:35,030 How so? Russ was at Ground Zero for weeks. 231 00:11:35,979 --> 00:11:38,403 Leukemia. From mercury. 232 00:11:40,216 --> 00:11:42,572 Millions of busted fluorescent light bulbs 233 00:11:43,353 --> 00:11:44,571 from the Towers. 234 00:11:46,389 --> 00:11:48,904 Donna wears a Chanel dress to Joe's memorial, 235 00:11:48,992 --> 00:11:52,576 and the guys who found his body can't even pay their medical bills. 236 00:11:53,696 --> 00:11:55,210 Did you ever ask Donna for help? 237 00:11:56,199 --> 00:11:57,918 No, I don't see Donna anymore. 238 00:11:59,068 --> 00:12:00,718 I'm not a part of her new life. 239 00:12:01,371 --> 00:12:03,158 You mean her new life with Ed McClean? 240 00:12:03,239 --> 00:12:05,390 Her new life with the Dead Wives Club. 241 00:12:06,509 --> 00:12:09,195 What they call themselves, 9/11 widows. 242 00:12:10,546 --> 00:12:12,594 They cleaned up after their husbands died. 243 00:12:12,982 --> 00:12:14,460 From what I heard, it was a lot of money. 244 00:12:14,484 --> 00:12:18,433 No, it's not just the money. It's how they act with it. 245 00:12:19,055 --> 00:12:21,843 Parading it around town like its freaking Mardi Gras, 246 00:12:21,925 --> 00:12:23,746 while the rest of us just scrape by. 247 00:12:24,861 --> 00:12:26,113 Like Collette's scraping by? 248 00:12:26,663 --> 00:12:28,552 That bastard left her high and dry. 249 00:12:28,932 --> 00:12:31,117 Why do you think she had to go back to work? 250 00:12:31,901 --> 00:12:33,585 I was plenty angry at first, 251 00:12:33,670 --> 00:12:35,218 but you got to move on. 252 00:12:35,305 --> 00:12:37,319 Anger doesn't do anyone any good, 253 00:12:37,407 --> 00:12:38,887 especially not the kids. 254 00:12:40,076 --> 00:12:42,329 Me and Ed, we got to do what's right for the boys' sakes, 255 00:12:42,412 --> 00:12:43,766 try and act civilized. 256 00:12:44,247 --> 00:12:46,204 I just feel sorry for Donna's girls. 257 00:12:46,683 --> 00:12:50,370 You know, Ms. Connolly, we checked into your ex-husband's finances, 258 00:12:50,453 --> 00:12:53,673 and all of the 9/11 settlement money is in Donna's name. 259 00:12:53,756 --> 00:12:57,340 She also got death benefits from the city and from Joe's life insurance, 260 00:12:57,794 --> 00:12:59,615 not to mention over $2 million 261 00:12:59,696 --> 00:13:02,120 from the Federal Victims Compensation Fund. 262 00:13:02,198 --> 00:13:04,520 Yeah, well, she deserved it. She lost her husband. 263 00:13:04,801 --> 00:13:06,155 So did you. 264 00:13:07,870 --> 00:13:10,954 Your ex-husband officially retired on a disability pension. 265 00:13:11,474 --> 00:13:13,488 Yeah. After 9/11, he couldn't go back to work. 266 00:13:13,576 --> 00:13:14,794 But you had to. 267 00:13:14,877 --> 00:13:17,199 He pays you minimal child support and alimony. 268 00:13:17,380 --> 00:13:18,427 Yeah, what can you do? 269 00:13:18,514 --> 00:13:20,194 I mean, these are things the court decides. 270 00:13:21,250 --> 00:13:23,139 You're very understanding, Ms. Connolly. 271 00:13:23,219 --> 00:13:24,869 Well, like I said, it's for the kids. 272 00:13:24,954 --> 00:13:26,799 And to tell you the truth, I don't mind working. 273 00:13:26,823 --> 00:13:28,337 It gets me out of the house. 274 00:13:30,159 --> 00:13:32,082 How did you break your arm? My wrist. 275 00:13:32,895 --> 00:13:34,784 I fell. My fault. 276 00:13:34,864 --> 00:13:38,084 I was racing up the subway steps late for work and I tripped. 277 00:13:38,167 --> 00:13:40,124 I put my arm out to brace myself, and... 278 00:13:40,203 --> 00:13:41,557 When was that? 279 00:13:42,338 --> 00:13:44,455 The day before yesterday, as a matter of fact. 280 00:13:45,274 --> 00:13:46,856 The same day that Donna died? 281 00:13:47,010 --> 00:13:48,364 That morning, yeah. 282 00:13:49,345 --> 00:13:50,597 It was a bad day. 283 00:13:54,884 --> 00:13:56,432 Thank you. We'll talk again. 284 00:13:58,688 --> 00:14:00,975 She broke her wrist the same day as the crash. 285 00:14:01,057 --> 00:14:02,480 Now, there's a coincidence for you. 286 00:14:02,558 --> 00:14:04,641 Yes, indeed. I tell you one thing. 287 00:14:04,727 --> 00:14:08,778 I never heard a woman talk so good about a man who done her so bad. 288 00:14:12,035 --> 00:14:15,290 Positively, the late Mrs. McClean's blood on the lower railing. 289 00:14:15,371 --> 00:14:17,590 Did CSU find anything on the upper deck? 290 00:14:17,673 --> 00:14:19,858 Fingerprints and two sweaty palm prints 291 00:14:19,942 --> 00:14:22,195 from two different individuals, 292 00:14:22,278 --> 00:14:25,259 both left hands, right next to each other on the upper railing. 293 00:14:25,348 --> 00:14:27,237 CSU lifted a partial off one, 294 00:14:27,316 --> 00:14:28,898 Latent matched it to Mrs. McClean. 295 00:14:29,052 --> 00:14:30,529 What about the other one? Of no value. 296 00:14:30,553 --> 00:14:33,739 But they recovered some DNA from it. Not Mrs. McClean's. 297 00:14:33,823 --> 00:14:36,213 You can get DNA from a sweaty palm print? 298 00:14:36,859 --> 00:14:38,873 Low copy number analysis. 299 00:14:38,961 --> 00:14:40,714 You ID any suspects, get me their DNA, 300 00:14:40,797 --> 00:14:42,982 I can run a comparison to see if they match. 301 00:14:45,034 --> 00:14:47,014 Ed McClean's coming in today. 302 00:14:47,170 --> 00:14:48,881 Guilty people don't normally drive themselves 303 00:14:48,905 --> 00:14:50,487 to the M.E.'s office to give up DNA. 304 00:14:50,573 --> 00:14:51,757 Which leaves his ex-wife. 305 00:14:51,841 --> 00:14:53,525 She's not returning our calls. 306 00:14:55,445 --> 00:14:57,869 That's a nice ride. Yeah, it's okay. 307 00:14:57,947 --> 00:15:00,928 So I checked the subway times with Transit. 308 00:15:01,384 --> 00:15:05,936 There are trains that pull into that station at 10:45 and 11:12. 309 00:15:06,022 --> 00:15:09,470 According to Saint Ann's, she signed in the E.R. at 11:15. 310 00:15:09,559 --> 00:15:11,949 So she fell, broke her wrist, 311 00:15:12,028 --> 00:15:14,816 and either waited a half an hour to get medical treatment... 312 00:15:14,897 --> 00:15:18,117 Or she sprinted eight blocks in three minutes with a fractured wrist. 313 00:15:18,868 --> 00:15:20,985 She didn't look like Marion Jones to me. 314 00:15:21,070 --> 00:15:23,494 On the other hand, the ferry crashed at 10:00. 315 00:15:23,773 --> 00:15:26,254 She had plenty of time to get uptown to Saint Ann's. 316 00:15:30,480 --> 00:15:33,370 Just because I can't remember exactly when I fell, that doesn't mean... 317 00:15:33,449 --> 00:15:35,930 Oh, no, no! We're not accusing you of anything. 318 00:15:36,018 --> 00:15:37,975 It's just that we have to clear up 319 00:15:38,054 --> 00:15:41,035 these little discrepancies in the timeline for our report. 320 00:15:41,891 --> 00:15:44,110 It's our boss. She's a stickler like that. 321 00:15:45,795 --> 00:15:47,184 You know? You're right. 322 00:15:48,164 --> 00:15:49,814 I didn't go straight to the hospital. 323 00:15:50,466 --> 00:15:52,906 I waited to see if I put some ice on it, would it feel better. 324 00:15:52,969 --> 00:15:57,794 And it didn't, so that's when I decided I needed to go to the E.R. 325 00:15:58,574 --> 00:16:02,329 Uh-huh. Ms. Connolly? Could I trouble you for a cup of coffee? 326 00:16:02,411 --> 00:16:03,889 I'm dragging, and if I don't get a jolt, 327 00:16:03,913 --> 00:16:05,290 I'm never going to make it through the day. 328 00:16:05,314 --> 00:16:07,772 Sure. I just made a pot. How do you take it? 329 00:16:08,918 --> 00:16:11,240 Black. Truckload of sugar. Thanks. 330 00:16:14,357 --> 00:16:15,507 Do you ever use it? 331 00:16:16,826 --> 00:16:19,512 What? The ferry? I wish. 332 00:16:20,229 --> 00:16:21,447 You should. 333 00:16:21,898 --> 00:16:23,252 I never have time. 334 00:16:24,000 --> 00:16:25,787 Well, didn't you use it the other day? 335 00:16:29,438 --> 00:16:31,259 I took the subway. I told you. 336 00:16:32,575 --> 00:16:34,157 Right. Your wrist. Mmm-hmm. 337 00:16:35,077 --> 00:16:37,865 Thanks. You should pay this parking ticket. 338 00:16:38,247 --> 00:16:40,398 Yeah, I'm a little behind on the bills. 339 00:16:41,184 --> 00:16:43,369 Twins, huh? Mmm-hmm. 340 00:16:43,819 --> 00:16:46,379 I got two boys myself. Eric and Tyler. 341 00:16:46,589 --> 00:16:48,603 Oh, yeah? How old? Twelve and 14. 342 00:16:48,691 --> 00:16:50,739 Teenagers. Wow. 343 00:16:51,227 --> 00:16:52,227 It's rough. 344 00:16:54,096 --> 00:16:57,112 You know, if my wife left me and my sons 345 00:16:57,200 --> 00:17:00,056 and lived like royalty while we struggled, 346 00:17:00,870 --> 00:17:02,384 I'd be out of my mind. 347 00:17:04,040 --> 00:17:05,554 Yeah, well, that's you. Not me. 348 00:17:07,176 --> 00:17:11,329 All I'm saying is, I could understand if you did something about it. 349 00:17:14,717 --> 00:17:16,140 I didn't do anything. 350 00:17:17,320 --> 00:17:19,107 Then you wouldn't mind giving us your DNA? 351 00:17:21,090 --> 00:17:23,104 It's the easiest way to get this behind you. 352 00:17:27,930 --> 00:17:29,819 I'll just check with my lawyer first. 353 00:17:32,468 --> 00:17:34,551 You know, most dudes lie about not being married. 354 00:17:34,637 --> 00:17:35,855 Uh, I thought I'd take a shot. 355 00:17:35,938 --> 00:17:37,554 You ever been married? No. Never. You? 356 00:17:37,640 --> 00:17:39,563 Hell, no. Too young. Too old. 357 00:17:39,642 --> 00:17:41,122 Now let's go talk to that E.R. doctor 358 00:17:41,210 --> 00:17:43,429 and find out how she really broke her wrist. 359 00:17:44,280 --> 00:17:47,170 Of course I can't discuss a patient's medical history with you. 360 00:17:47,250 --> 00:17:50,038 Okay. Let's say we spoke in hypotheticals. 361 00:17:50,119 --> 00:17:52,270 Hypotheticals? Oh, yeah. We love hypotheticals. 362 00:17:52,355 --> 00:17:53,675 Okay, shoot. 363 00:17:53,756 --> 00:17:55,372 Okay, let's say, hypothetically, 364 00:17:55,458 --> 00:17:57,916 that somebody's rushing up some concrete steps... 365 00:17:57,994 --> 00:17:59,041 Like a subway. Right. 366 00:17:59,128 --> 00:18:00,642 And they trip and they fall forward. 367 00:18:00,730 --> 00:18:02,174 When someone puts their arm out in front of them 368 00:18:02,198 --> 00:18:03,709 to break their fall, the type of fracture 369 00:18:03,733 --> 00:18:06,692 that results is always the same, a Colles fracture. 370 00:18:06,769 --> 00:18:09,250 Okay, so if somebody has a Colles fracture, 371 00:18:09,338 --> 00:18:13,526 their story of tripping and falling forward would be consistent? 372 00:18:15,044 --> 00:18:17,366 Well, let's say a person has a different sort of fracture. 373 00:18:17,446 --> 00:18:18,698 A Smith's fracture. 374 00:18:19,115 --> 00:18:21,355 There would be a discrepancy in what they're telling you? 375 00:18:21,550 --> 00:18:23,171 A Smith's fracture results from an 376 00:18:23,195 --> 00:18:25,373 outstretched arm to prevent a backwards fall. 377 00:18:26,022 --> 00:18:27,332 You understanding what I'm saying? 378 00:18:27,356 --> 00:18:29,336 Yeah. You can't get a Smith's fracture 379 00:18:29,425 --> 00:18:31,870 from a forward fall with your arms stretched out in front of you. 380 00:18:31,894 --> 00:18:33,613 Anatomically impossible. 381 00:18:35,164 --> 00:18:37,724 Two palm prints, both of them left-handed, right? Right. 382 00:18:37,800 --> 00:18:40,156 Let's say Donna McClean was standing here, 383 00:18:40,236 --> 00:18:43,786 put her left hand on the railing as the boat pulled into the dock. 384 00:18:43,873 --> 00:18:45,956 Collette Connolly comes from behind. 385 00:18:46,042 --> 00:18:47,590 Hypothetically. Right. 386 00:18:47,743 --> 00:18:49,427 She pushes her over. Donna screams. 387 00:18:49,512 --> 00:18:51,472 She falls, she hits her head on the lower railing. 388 00:18:51,514 --> 00:18:53,267 She goes into the water, and she drowns. 389 00:18:53,349 --> 00:18:54,709 Now, that's what the deckhand said. 390 00:18:54,750 --> 00:18:57,834 Okay, but how does the second sweat print get on the hand rail? 391 00:18:57,920 --> 00:19:00,003 The killer needs two hands to push the victim over. 392 00:19:00,222 --> 00:19:02,270 Okay. After Donna goes into the water 393 00:19:02,358 --> 00:19:04,111 is when the ferry hit the dock, right? 394 00:19:04,193 --> 00:19:05,217 Right. Okay. 395 00:19:05,294 --> 00:19:07,877 The impact of the crash sends Collette forward, 396 00:19:09,498 --> 00:19:10,498 and then back. 397 00:19:10,566 --> 00:19:13,786 She tries to hold on to the railing with her left hand, 398 00:19:13,869 --> 00:19:15,189 but she can't keep her grip... 399 00:19:15,338 --> 00:19:16,692 Leaving a sweaty palm print. 400 00:19:16,772 --> 00:19:18,456 Exactly. She falls backwards. 401 00:19:18,541 --> 00:19:21,727 She tries to brace her fall with her right hand. 402 00:19:22,778 --> 00:19:23,962 Smith's fracture. 403 00:19:24,413 --> 00:19:25,699 Smith's fracture. 404 00:19:28,384 --> 00:19:30,064 You're in a whole lot of trouble, Collette. 405 00:19:30,753 --> 00:19:34,679 We've got witnesses that saw you push Donna over the side of that boat. 406 00:19:35,558 --> 00:19:38,414 No, that's impossible. I wasn't there. I wasn't on that ferry. 407 00:19:38,494 --> 00:19:39,951 Look, we know you're lying. 408 00:19:40,062 --> 00:19:41,712 We know didn't take the subway. 409 00:19:41,797 --> 00:19:43,880 We know you didn't trip and fall on any stairs. 410 00:19:43,999 --> 00:19:45,786 I told you how I broke my wrist. 411 00:19:45,868 --> 00:19:47,188 Yeah, well, we talked to a doctor 412 00:19:47,269 --> 00:19:49,709 who said that it couldn't have happened the way that you said. 413 00:19:49,739 --> 00:19:51,025 Now when that boat hit the dock, 414 00:19:51,407 --> 00:19:53,652 you fell backwards on the deck and you put your hand behind you. 415 00:19:53,676 --> 00:19:55,133 That's how you broke your wrist. 416 00:19:55,211 --> 00:19:57,294 In the chaos of the crash, you slipped out, 417 00:19:57,380 --> 00:19:59,702 you jumped into a taxi, you went uptown to the hospital. 418 00:19:59,815 --> 00:20:01,829 No, I broke my wrist on the subway. 419 00:20:03,185 --> 00:20:04,505 We found the taxi driver. 420 00:20:04,587 --> 00:20:06,874 He remembers you. He said you were in a whole lot of pain 421 00:20:06,956 --> 00:20:08,845 and he offered to take you to a closer hospital, 422 00:20:08,924 --> 00:20:11,382 but you said, "No. I want to go uptown to Saint Ann's." 423 00:20:12,461 --> 00:20:14,316 Take it easy, will you? 424 00:20:17,133 --> 00:20:18,283 Here you go. 425 00:20:18,634 --> 00:20:19,715 Thanks. 426 00:20:22,705 --> 00:20:24,219 Collette? 427 00:20:25,574 --> 00:20:27,896 You did it for your kids. For your boys, right? 428 00:20:31,514 --> 00:20:32,664 No. 429 00:20:33,883 --> 00:20:35,636 I didn't do anything. 430 00:20:37,153 --> 00:20:38,837 Donna is dead. 431 00:20:38,921 --> 00:20:40,378 Ed inherits all the money. 432 00:20:42,057 --> 00:20:43,446 You can take him back to court. 433 00:20:43,526 --> 00:20:45,381 Make him pay his fair share. 434 00:20:45,461 --> 00:20:49,216 Support his kids the way he's supposed to support his kids. 435 00:20:52,334 --> 00:20:55,020 Put that down now, Collette. Do not take a sip. 436 00:20:55,871 --> 00:20:57,419 Nice try. 437 00:20:57,907 --> 00:21:00,888 You want her DNA, get a warrant. 438 00:21:00,976 --> 00:21:02,194 And why is my client crying? 439 00:21:02,278 --> 00:21:04,497 She has been lying to us every step of the way. 440 00:21:04,580 --> 00:21:05,900 So you say. 441 00:21:05,981 --> 00:21:07,563 You don't have probable cause, 442 00:21:07,650 --> 00:21:09,266 which means you can't hold her. 443 00:21:09,351 --> 00:21:11,151 Come on, Collette. I'm going to take you home. 444 00:21:16,425 --> 00:21:18,576 Well, that could have gone better. 445 00:21:18,661 --> 00:21:20,846 Well, it's too bad that we don't have those witnesses 446 00:21:20,930 --> 00:21:22,444 or that cab driver. 447 00:21:22,531 --> 00:21:24,113 We really wouldn't need her DNA. 448 00:21:24,200 --> 00:21:28,683 Maybe we don't need her to give us her DNA voluntarily. 449 00:21:28,771 --> 00:21:30,785 I spoke to the D.A.'s office. 450 00:21:30,873 --> 00:21:34,093 They're making a warrant application to a friendly judge. 451 00:21:34,176 --> 00:21:38,068 That judge better be our brand-new very best friend. 452 00:21:41,917 --> 00:21:44,569 It's the epitome of judge shopping, Your Honor. 453 00:21:44,653 --> 00:21:46,906 Judge Tucci already signed a warrant 454 00:21:46,989 --> 00:21:49,709 to obtain a DNA exemplar from Collette Connolly. 455 00:21:49,792 --> 00:21:51,840 If he weren't conveniently out of town on vacation, 456 00:21:51,927 --> 00:21:53,350 we wouldn't even be here. 457 00:21:53,429 --> 00:21:57,218 We're moving to quash an improperly granted warrant. 458 00:21:57,299 --> 00:22:00,451 Ms. Galiano didn't like Judge Tucci's decision, 459 00:22:00,536 --> 00:22:03,119 so she's trying for a more favorable result from you. 460 00:22:03,205 --> 00:22:04,286 All due respect, 461 00:22:04,373 --> 00:22:07,354 Judge Tucci signs off on anything the People place in front of him. 462 00:22:07,443 --> 00:22:10,026 Mr. McCoy, it seems to me you have a warrant, 463 00:22:10,112 --> 00:22:12,900 which you're using to confirm a suspicion the People have, 464 00:22:12,982 --> 00:22:15,542 which is not the same as probable cause. 465 00:22:15,618 --> 00:22:17,541 Motion granted, warrant quashed. 466 00:22:21,257 --> 00:22:22,737 Without the DNA, we need to figure out 467 00:22:22,825 --> 00:22:24,102 another way to put her on the boat. 468 00:22:24,126 --> 00:22:25,515 And we have a motive problem. 469 00:22:25,594 --> 00:22:28,018 What are you talking about? We've got loads of motive. 470 00:22:28,097 --> 00:22:30,180 Rage, jealousy, money. 471 00:22:30,266 --> 00:22:31,848 Once Ed inherited Donna's millions 472 00:22:31,934 --> 00:22:33,893 he couldn't evade paying Collette reasonable 473 00:22:33,917 --> 00:22:35,450 alimony and child support anymore. 474 00:22:35,538 --> 00:22:38,861 She's had all the same reasons since the marriage broke up. 475 00:22:38,941 --> 00:22:40,489 So why'd she kill her now? 476 00:22:40,576 --> 00:22:42,226 I'd like to know what triggered this. 477 00:22:45,814 --> 00:22:46,894 The name's a joke. 478 00:22:46,949 --> 00:22:49,066 People expect widows to act a certain way. 479 00:22:49,151 --> 00:22:50,540 And they hate us because we don't. 480 00:22:50,619 --> 00:22:52,201 Because we've got money now. 481 00:22:52,288 --> 00:22:54,211 Let's face it. They hate us 482 00:22:54,290 --> 00:22:55,934 because we married our dead husband's friends. 483 00:22:55,958 --> 00:22:58,439 I'd hate us, too, but we also lost husbands 484 00:22:58,527 --> 00:22:59,643 and our kids lost fathers. 485 00:22:59,728 --> 00:23:01,811 We grieve, too. Every day. 486 00:23:02,197 --> 00:23:03,745 It's been hard for everyone, I'm sure. 487 00:23:03,832 --> 00:23:04,832 Exactly. 488 00:23:04,900 --> 00:23:06,660 We all learned the hard way life's too short. 489 00:23:06,735 --> 00:23:09,716 I know my first husband, God his rest his soul, is happy I'm happy. 490 00:23:09,805 --> 00:23:11,917 Look, I understand from your point of view, life goes on. 491 00:23:11,941 --> 00:23:14,194 But what about the wives that were left? 492 00:23:14,276 --> 00:23:15,276 Like Collette? 493 00:23:15,878 --> 00:23:17,022 Well, that's what we're talking about. 494 00:23:17,046 --> 00:23:19,265 She was more of a mess after 9/11 than Ed was. 495 00:23:19,348 --> 00:23:21,593 She wouldn't leave the house. Didn't want him going anywhere. 496 00:23:21,617 --> 00:23:23,802 Crying all the time. And he was alive. 497 00:23:23,886 --> 00:23:25,843 No wonder he left her. 498 00:23:25,921 --> 00:23:27,241 Don't get me wrong. 499 00:23:27,323 --> 00:23:29,144 I feel sorry for her. I do. 500 00:23:30,092 --> 00:23:31,242 We all do. 501 00:23:31,327 --> 00:23:33,148 So Collette and Donna were close? 502 00:23:34,964 --> 00:23:36,148 Best friends. 503 00:23:39,468 --> 00:23:41,152 Excuse me! 504 00:23:43,172 --> 00:23:46,097 Was there something else that you wanted to tell me in there? 505 00:23:48,978 --> 00:23:51,834 I still care about her, about Collette. 506 00:23:52,881 --> 00:23:55,168 I don't know if she did this to Donna but... 507 00:23:55,250 --> 00:23:57,572 If you could help me understand what happened. 508 00:23:59,088 --> 00:24:01,307 Collette called me one night, 509 00:24:01,390 --> 00:24:02,744 a few weeks ago. 510 00:24:03,525 --> 00:24:04,948 She was hysterical. 511 00:24:05,861 --> 00:24:07,572 It was the first time we'd spoken in months, 512 00:24:07,596 --> 00:24:10,054 and she said Ed told her 513 00:24:10,132 --> 00:24:12,454 he and Donna wanted custody of the twins. 514 00:24:14,303 --> 00:24:15,919 When was this exactly? 515 00:24:16,639 --> 00:24:18,358 A week before Donna died. 516 00:24:20,776 --> 00:24:23,928 We re-interviewed everyone that was in the area of the ferry that day. 517 00:24:24,013 --> 00:24:25,333 No one remembers seeing her. 518 00:24:25,414 --> 00:24:26,534 So we're back at square one. 519 00:24:26,582 --> 00:24:28,403 Well, maybe not. I saw something at Collette's 520 00:24:28,484 --> 00:24:29,941 that might give us her DNA. 521 00:24:30,285 --> 00:24:32,436 Legally? Without her permission or a court order? 522 00:24:32,521 --> 00:24:34,001 What did you see, a magic wand? 523 00:24:34,089 --> 00:24:35,341 No. A parking ticket. 524 00:24:35,424 --> 00:24:37,984 She has dozens of them. Owes the city over $1,000. 525 00:24:38,060 --> 00:24:39,779 We send her a notice offering amnesty. 526 00:24:39,862 --> 00:24:41,979 All tickets forgiven for a token hundred bucks. 527 00:24:42,064 --> 00:24:43,544 So she ignores that, too. 528 00:24:43,632 --> 00:24:45,913 Well, if she decides not to take advantage of the amnesty, 529 00:24:45,968 --> 00:24:48,119 the city threatens to put a lien on her property. 530 00:24:48,203 --> 00:24:49,455 And here's the beauty part. 531 00:24:49,538 --> 00:24:52,827 We send her a self-addressed, stamped envelope for her to send the check in. 532 00:24:52,908 --> 00:24:55,525 She licks the envelope, mails it back to us and we have her DNA. 533 00:24:55,611 --> 00:24:58,501 Right. She hands it over. Voluntarily. 534 00:25:01,917 --> 00:25:03,397 The parking ticket sting 535 00:25:03,485 --> 00:25:05,845 was a blatant violation of the Fourth Amendment, Your Honor. 536 00:25:05,888 --> 00:25:08,403 Mr. McCoy ignored your ruling 537 00:25:08,490 --> 00:25:10,470 and used a ruse to obtain DNA 538 00:25:10,559 --> 00:25:12,516 which you said he had no right to. 539 00:25:13,362 --> 00:25:16,548 You said the People had no right to a warrant, Your Honor. 540 00:25:16,632 --> 00:25:18,555 I had every right to trick Ms. Connolly 541 00:25:18,634 --> 00:25:19,920 into giving us what we wanted. 542 00:25:20,002 --> 00:25:21,391 People v. Blandon, 543 00:25:21,470 --> 00:25:24,827 "Trickery is only improper when the conduct is so unfair 544 00:25:24,907 --> 00:25:26,261 "as to deny due process." 545 00:25:26,341 --> 00:25:29,925 Since the DNA on the envelope matched the DNA on the ferry railing, 546 00:25:30,012 --> 00:25:32,657 we know we're not dealing with the rights of an innocent person here. 547 00:25:32,681 --> 00:25:34,661 Let's not get ahead of ourselves, Counselor. 548 00:25:34,750 --> 00:25:37,174 No one's been convicted of anything yet. 549 00:25:37,586 --> 00:25:39,100 It appears that the defendant's 550 00:25:39,188 --> 00:25:41,805 Fourth Amendment rights weren't violated here. 551 00:25:41,890 --> 00:25:43,108 Anything else, Ms. Galiano? 552 00:25:43,192 --> 00:25:44,308 Yes, Your Honor. 553 00:25:44,393 --> 00:25:49,047 The low copy DNA analysis that People used is an untested, unreliable science, 554 00:25:49,131 --> 00:25:52,215 which hasn't gained widespread acceptance in New York. 555 00:25:52,301 --> 00:25:53,724 All I am asking for 556 00:25:53,802 --> 00:25:57,159 is a hearing to determine whether this novel, untested science 557 00:25:57,239 --> 00:25:58,491 meets the Frye standard. 558 00:25:59,408 --> 00:26:01,263 I'll hear from experts tomorrow. 559 00:26:03,579 --> 00:26:08,734 Low copy DNA analysis utilizes much smaller samples of DNA to find a match. 560 00:26:08,817 --> 00:26:10,740 Isn't it fair to say that these samples, 561 00:26:10,819 --> 00:26:12,902 which can be left by just touching a steering wheel 562 00:26:12,988 --> 00:26:17,540 or rubbing your fingers over a keyboard, are very often infinitesimal? 563 00:26:17,626 --> 00:26:18,742 Yes, that's correct. 564 00:26:18,827 --> 00:26:21,808 Sometimes as little as a couple of skin cells. 565 00:26:21,897 --> 00:26:24,549 The extracted DNA is then replicated many times 566 00:26:24,633 --> 00:26:25,987 so testing can be done. 567 00:26:26,068 --> 00:26:27,889 So, isn't it true, Dr. Merrick, 568 00:26:27,970 --> 00:26:30,360 that this multiple replication process 569 00:26:30,439 --> 00:26:34,695 creates a greater risk for false matches and inaccurate results? 570 00:26:34,777 --> 00:26:38,202 The odds of error are about the same as regular testing. 571 00:26:38,280 --> 00:26:41,500 One in a trillion. Infinitesimal. 572 00:26:41,583 --> 00:26:44,542 But low copy DNA hasn't even been used yet 573 00:26:44,620 --> 00:26:46,509 in a criminal proceeding in New York, has it? 574 00:26:46,588 --> 00:26:48,272 No, actually it has been used. 575 00:26:48,357 --> 00:26:49,905 When the Twin Towers collapsed, 576 00:26:49,992 --> 00:26:53,815 many of the samples we used to identify victims were low copy DNA. 577 00:26:55,097 --> 00:26:57,242 But that wasn't a criminal case. - Not a criminal case? 578 00:26:57,266 --> 00:26:59,986 It was the largest mass murder in our nation's history, Your Honor. 579 00:27:00,068 --> 00:27:02,151 Which means there's a history of this science 580 00:27:02,237 --> 00:27:04,820 already being used in New York and the Frye standard is met. 581 00:27:05,707 --> 00:27:06,788 I agree. 582 00:27:07,342 --> 00:27:08,799 The DNA comes in. 583 00:27:15,918 --> 00:27:17,136 Murder two. 584 00:27:17,219 --> 00:27:19,336 Now, why would we accept that? 585 00:27:19,421 --> 00:27:20,969 Your client ambushed the victim, 586 00:27:21,056 --> 00:27:22,740 and then tried to cover up the crime. 587 00:27:22,825 --> 00:27:24,544 We have DNA. We have motive. 588 00:27:24,626 --> 00:27:29,246 And we have a woman suffering from extreme emotional disturbance. 589 00:27:29,965 --> 00:27:32,651 Post-Traumatic Stress Disorder 590 00:27:32,734 --> 00:27:34,691 from the September 11th attacks? 591 00:27:34,770 --> 00:27:35,817 You're confused. 592 00:27:35,904 --> 00:27:38,760 Collette Connolly's ex-husband was the firefighter. 593 00:27:38,841 --> 00:27:43,029 Firefighter or not, like all New Yorkers, she was affected by 9/11. 594 00:27:43,111 --> 00:27:45,967 Just like the New Yorkers who will be sitting on my jury. 595 00:27:51,787 --> 00:27:53,107 It was a Tuesday. 596 00:27:54,156 --> 00:27:56,341 Remember how beautiful the weather was? 597 00:27:57,292 --> 00:27:58,772 Gorgeous, yeah. 598 00:27:58,861 --> 00:28:00,250 Thank you. 599 00:28:03,432 --> 00:28:05,048 I picked the boys up from school. 600 00:28:06,201 --> 00:28:09,421 I tried to get them to not watch the television. 601 00:28:09,504 --> 00:28:11,587 I didn't want them to see that... 602 00:28:11,673 --> 00:28:13,960 The Towers fall over and over. 603 00:28:16,345 --> 00:28:19,463 We all just sat around waiting for the phone to ring 604 00:28:19,548 --> 00:28:22,234 to see if Ed was dead or alive. 605 00:28:23,452 --> 00:28:25,000 When you finally heard from him? 606 00:28:25,087 --> 00:28:26,635 I just thanked God. 607 00:28:26,722 --> 00:28:30,443 I was just so thankful and relieved. 608 00:28:33,962 --> 00:28:35,851 And then guilty. 609 00:28:37,065 --> 00:28:38,249 So guilty. 610 00:28:39,635 --> 00:28:40,716 Guilty? 611 00:28:40,802 --> 00:28:42,953 All his friends that didn't make it? 612 00:28:43,038 --> 00:28:44,119 His brothers? 613 00:28:44,206 --> 00:28:46,357 You have no idea how close they are. 614 00:28:47,409 --> 00:28:50,129 I mean, our neighborhood alone. 615 00:28:51,380 --> 00:28:53,565 You could hear people screaming and crying 616 00:28:53,649 --> 00:28:55,402 all up and down the street. 617 00:28:59,154 --> 00:29:01,202 I keep replaying that day 618 00:29:02,357 --> 00:29:03,381 in my head. 619 00:29:03,458 --> 00:29:05,381 It's like a movie I can't turn off. 620 00:29:07,663 --> 00:29:10,280 You know, every time a plane flies overhead, 621 00:29:11,466 --> 00:29:13,185 I get a knot in my stomach. 622 00:29:14,603 --> 00:29:16,925 And every time they raise the threat level, 623 00:29:17,005 --> 00:29:21,261 I think, my children will never see the end of this. 624 00:29:26,548 --> 00:29:29,165 The world seems ruined to me. 625 00:29:32,487 --> 00:29:36,174 I swear, sometimes 626 00:29:36,258 --> 00:29:38,716 I wish I had died on September 10th. 627 00:29:44,333 --> 00:29:46,723 For her, the attacks, losing her husband, 628 00:29:46,802 --> 00:29:49,852 possibly custody of her kids, these aren't separate events. 629 00:29:49,938 --> 00:29:51,088 And they're not over. 630 00:29:51,173 --> 00:29:52,917 They're one huge event that has wrecked her life, 631 00:29:52,941 --> 00:29:54,557 and she's reliving it every day. 632 00:29:54,643 --> 00:29:56,532 So she lashes out and kills the woman 633 00:29:56,611 --> 00:29:58,000 who married her ex-husband? 634 00:29:58,080 --> 00:29:59,800 She can't strike out against the terrorists, 635 00:29:59,848 --> 00:30:01,635 so the next closest culprit, as she sees it, 636 00:30:01,717 --> 00:30:03,765 is the woman who replaced her as wife, 637 00:30:03,852 --> 00:30:05,468 and, potentially, as mother. 638 00:30:06,321 --> 00:30:07,835 All right. Thank you. 639 00:30:09,791 --> 00:30:11,373 You think a jury will buy that? 640 00:30:11,927 --> 00:30:13,441 Well, they don't have to buy it. 641 00:30:13,528 --> 00:30:14,906 They just have to feel sorry for her. 642 00:30:14,930 --> 00:30:17,490 I agree. You don't think this defense has some merit, Jack? 643 00:30:17,566 --> 00:30:20,024 A stress response to an act of war 644 00:30:20,102 --> 00:30:24,028 justifies the murder of an innocent third party three years later? 645 00:30:24,106 --> 00:30:25,256 No, I don't. 646 00:30:25,340 --> 00:30:28,765 Her entire life was turned upside down after 9/11. 647 00:30:28,844 --> 00:30:30,927 Jurors will sympathize with that. 648 00:30:31,013 --> 00:30:32,890 The defense will paint the husband as a bastard, 649 00:30:32,914 --> 00:30:34,701 and the victim as a home wrecker and a hussy. 650 00:30:34,783 --> 00:30:36,297 That won't be too hard. 651 00:30:36,385 --> 00:30:40,140 And the defendant as one more victim of 9/11. 652 00:30:40,222 --> 00:30:41,766 Maybe you ought to plead this one out, Jack. 653 00:30:41,790 --> 00:30:46,182 Collette Connolly didn't just run into Donna McClean that morning at the ferry. 654 00:30:46,261 --> 00:30:48,309 She stalked her, she killed her, 655 00:30:48,397 --> 00:30:50,141 and then she tried to make it look like an accident. 656 00:30:50,165 --> 00:30:51,747 That's murder, not manslaughter. 657 00:30:52,467 --> 00:30:53,507 And if we give in to this, 658 00:30:53,568 --> 00:30:55,252 what kind of precedent does it set? 659 00:30:55,337 --> 00:30:57,795 None. This case is sui generis. 660 00:30:57,873 --> 00:30:59,433 I don't agree. It's a license for anyone 661 00:30:59,474 --> 00:31:01,488 who was in the city that day to act out. 662 00:31:03,378 --> 00:31:04,960 I was elected to this office 663 00:31:05,047 --> 00:31:07,630 because people wanted to feel safer after 9/11. 664 00:31:08,784 --> 00:31:11,071 It'd be ironic if that event became an excuse 665 00:31:11,153 --> 00:31:13,634 for criminal behavior on my watch. 666 00:31:13,722 --> 00:31:16,772 Don't forget, Collette Connolly murdered the mother of two young girls 667 00:31:16,858 --> 00:31:18,577 who had already lost their father. 668 00:31:19,227 --> 00:31:22,447 You don't think that there's some room for leniency here, Jack? 669 00:31:22,531 --> 00:31:25,217 Absolutely. From the judge, at sentencing. 670 00:31:29,471 --> 00:31:31,929 McCLEAN: Collette just couldn't take care of the kids anymore. 671 00:31:32,007 --> 00:31:34,124 She was depressed. Anxious. 672 00:31:34,209 --> 00:31:36,394 I told her I thought they'd be better off with us 673 00:31:36,478 --> 00:31:37,901 until she got on her feet. 674 00:31:37,979 --> 00:31:39,857 We weren't trying to take her children from her. 675 00:31:39,881 --> 00:31:41,600 What was the defendant's reaction 676 00:31:41,683 --> 00:31:44,369 when you said you wanted custody of the boys? 677 00:31:44,453 --> 00:31:45,910 She went into a rage. 678 00:31:45,987 --> 00:31:48,639 Started cursing at me, throwing things. 679 00:31:48,723 --> 00:31:50,271 Said the kids already had a mother. 680 00:31:50,358 --> 00:31:52,406 Said she'd fight us tooth and nail. 681 00:31:52,494 --> 00:31:53,951 Said she'd never let us have them. 682 00:32:01,470 --> 00:32:06,761 You say your ex-wife wasn't supervising the children properly? 683 00:32:06,842 --> 00:32:08,265 McCLEAN: She wasn't at home a lot. 684 00:32:08,343 --> 00:32:10,130 She was at work, wasn't she? 685 00:32:10,212 --> 00:32:11,236 Yes. 686 00:32:11,313 --> 00:32:13,293 Did she work out of the house before the divorce? 687 00:32:13,782 --> 00:32:14,806 No. 688 00:32:14,883 --> 00:32:16,101 She was a stay at home mom. 689 00:32:16,184 --> 00:32:17,184 That's correct. 690 00:32:17,252 --> 00:32:18,902 Your wife Donna, your new wife, 691 00:32:18,987 --> 00:32:21,639 received a substantial settlement from 9/11, didn't she, 692 00:32:21,723 --> 00:32:23,146 for the death of her first husband? 693 00:32:23,225 --> 00:32:24,477 Yes. 694 00:32:24,559 --> 00:32:26,710 Did you and Donna share this windfall with your ex, 695 00:32:26,795 --> 00:32:28,047 the mother of your children? 696 00:32:28,130 --> 00:32:29,740 That's why we wanted them to come live with us, 697 00:32:29,764 --> 00:32:30,845 we could provide... 698 00:32:30,932 --> 00:32:34,016 You and Donna intentionally kept her millions in her name 699 00:32:34,102 --> 00:32:37,288 to avoid having to pay additional alimony to your ex-wife. 700 00:32:37,372 --> 00:32:38,658 Objection! Judge, 701 00:32:38,740 --> 00:32:40,284 this is all part and parcel of the stress 702 00:32:40,308 --> 00:32:42,789 that my client was under after the events of 9/11. 703 00:32:42,878 --> 00:32:44,198 Overruled. 704 00:32:45,614 --> 00:32:47,367 That was Donna's decision. 705 00:32:48,783 --> 00:32:49,933 It was her money. 706 00:32:50,018 --> 00:32:52,840 So the fact that Collette had to go to work, 707 00:32:52,921 --> 00:32:54,207 because you and your new wife 708 00:32:54,289 --> 00:32:57,043 wouldn't provide enough money to support your children, 709 00:32:57,125 --> 00:32:59,913 is the reason you wanted to take custody of your sons? 710 00:32:59,995 --> 00:33:02,282 Isn't that blaming the victim, Mr. McClean? 711 00:33:02,364 --> 00:33:03,878 Objection! GALIANO: Withdrawn. 712 00:33:03,965 --> 00:33:05,922 Let me get this straight, Mr. McClean. 713 00:33:06,001 --> 00:33:09,221 You left your wife, the mother of your children, 714 00:33:09,304 --> 00:33:10,761 by your own testimony, depressed 715 00:33:10,839 --> 00:33:13,559 and emotionally traumatized by the events of 9/11, 716 00:33:13,642 --> 00:33:17,067 so that you could marry her newly rich best friend, 717 00:33:17,145 --> 00:33:19,068 your best friend's widow? 718 00:33:19,147 --> 00:33:20,968 It wasn't like that! Wasn't it? 719 00:33:23,785 --> 00:33:25,674 Nothing further. 720 00:33:25,754 --> 00:33:27,370 Redirect, Your Honor? 721 00:33:28,323 --> 00:33:30,001 Where were you when the first tower collapsed? 722 00:33:30,025 --> 00:33:31,675 Objection. Relevance. 723 00:33:31,760 --> 00:33:35,481 The defendant is using 9/11 as an excuse for her actions. 724 00:33:35,564 --> 00:33:38,750 The question goes to the legitimacy of the entire defense. 725 00:33:39,334 --> 00:33:40,757 The witness may answer. 726 00:33:43,371 --> 00:33:44,851 In the North Tower, 727 00:33:46,408 --> 00:33:47,728 in a stairwell. 728 00:33:50,245 --> 00:33:52,828 And where was your best friend, Joe Mahar? 729 00:33:54,049 --> 00:33:55,301 Next to me. 730 00:33:55,817 --> 00:33:57,035 But you got out. 731 00:33:59,988 --> 00:34:01,172 Yeah. 732 00:34:01,957 --> 00:34:03,175 And Joe? 733 00:34:05,493 --> 00:34:06,813 He didn't. 734 00:34:07,529 --> 00:34:10,886 You ever feel any stress or anxiety or guilt since that day? 735 00:34:13,568 --> 00:34:15,753 Of course, every day. 736 00:34:15,837 --> 00:34:17,726 Any sleepless nights? Nightmares? 737 00:34:17,806 --> 00:34:19,160 Frequently. 738 00:34:19,908 --> 00:34:21,797 You retired after 9/11. 739 00:34:23,845 --> 00:34:25,461 I couldn't work anymore. 740 00:34:26,348 --> 00:34:28,101 My nerves were shot. 741 00:34:30,352 --> 00:34:33,311 The stress ever get so bad that you killed someone? 742 00:34:33,388 --> 00:34:34,572 Objection. 743 00:34:34,656 --> 00:34:37,239 Withdrawn. No more questions. 744 00:34:43,064 --> 00:34:46,148 What happened to your marriage after September 11th? 745 00:34:47,435 --> 00:34:48,983 I never saw Ed. 746 00:34:49,070 --> 00:34:52,222 He spent all his time with Donna. 747 00:34:52,307 --> 00:34:53,593 Consoling her. 748 00:34:54,809 --> 00:34:56,596 And then he left me. 749 00:34:58,079 --> 00:35:01,231 She took my husband, and made me a widow. 750 00:35:03,918 --> 00:35:07,070 Tell me what happened on the ferry that morning. 751 00:35:07,155 --> 00:35:09,010 I saw her standing at the rail, 752 00:35:09,724 --> 00:35:13,115 and she looked so happy. 753 00:35:14,596 --> 00:35:15,882 So content. 754 00:35:19,501 --> 00:35:21,584 And I couldn't take it. 755 00:35:21,670 --> 00:35:23,650 I just wanted to talk to her. 756 00:35:25,507 --> 00:35:27,794 Tell her to leave my children alone. 757 00:35:28,877 --> 00:35:30,021 Did you speak to her? 758 00:35:30,045 --> 00:35:33,402 I wanted to, but, uh... 759 00:35:36,318 --> 00:35:39,675 I walked up behind her and she didn't see me. 760 00:35:40,922 --> 00:35:42,709 All I could think about 761 00:35:45,060 --> 00:35:47,780 was all that I had lost since the attacks. 762 00:35:48,863 --> 00:35:49,910 Ed. 763 00:35:50,432 --> 00:35:52,992 How my whole world had fallen apart. 764 00:35:53,068 --> 00:35:55,116 And now my kids. 765 00:35:57,639 --> 00:35:59,722 So I pushed her. 766 00:36:02,444 --> 00:36:03,594 Hard. 767 00:36:05,347 --> 00:36:07,327 I didn't even think about it. 768 00:36:08,083 --> 00:36:11,008 It just happened. 769 00:36:19,427 --> 00:36:20,884 It just happened? 770 00:36:22,230 --> 00:36:23,254 Yes. 771 00:36:23,331 --> 00:36:26,813 Like you just happened to be on the ferry that morning, 772 00:36:26,901 --> 00:36:29,587 the same morning Donna McClean was? 773 00:36:31,272 --> 00:36:32,422 Yes. 774 00:36:32,507 --> 00:36:34,726 And you didn't even think about it, 775 00:36:35,877 --> 00:36:37,459 pushing her over the side. 776 00:36:39,514 --> 00:36:40,903 Is that your testimony? 777 00:36:44,953 --> 00:36:46,034 Yes. 778 00:36:47,455 --> 00:36:49,037 When you got off the ferry, 779 00:36:49,124 --> 00:36:52,879 there were police and emergency personnel there, correct? 780 00:36:52,961 --> 00:36:54,213 There was. 781 00:36:54,295 --> 00:36:56,617 You didn't say anything to any of them 782 00:36:56,698 --> 00:36:59,554 about the woman you'd just pushed in the water, did you? 783 00:37:02,370 --> 00:37:03,417 No. 784 00:37:03,505 --> 00:37:06,953 In fact, you were able to hide your injury, 785 00:37:07,041 --> 00:37:09,863 avoid the police, and leave without anyone knowing 786 00:37:09,944 --> 00:37:11,663 you were on that boat, correct? 787 00:37:12,247 --> 00:37:13,533 I was in a daze. 788 00:37:13,615 --> 00:37:16,665 Were you still in a daze when the police first questioned you, 789 00:37:16,751 --> 00:37:19,004 two days after killing Donna McClean? 790 00:37:20,188 --> 00:37:21,611 I was scared, so I lied. 791 00:37:21,689 --> 00:37:24,204 And when the detectives came to your house 792 00:37:24,292 --> 00:37:26,614 and questioned you a second time, 793 00:37:27,629 --> 00:37:30,281 and you lied again about how you broke your wrist? 794 00:37:30,365 --> 00:37:32,118 Still scared, still in a daze? 795 00:37:37,539 --> 00:37:38,620 Yes. 796 00:37:40,742 --> 00:37:46,466 And when you were brought to the precinct for questioning 797 00:37:46,548 --> 00:37:50,838 and you denied once again killing Donna McClean? 798 00:37:50,919 --> 00:37:52,603 No. I... 799 00:37:57,659 --> 00:37:59,082 I don't know. 800 00:38:07,669 --> 00:38:09,888 You have health insurance from your job? 801 00:38:13,741 --> 00:38:14,959 Yes. 802 00:38:17,779 --> 00:38:20,032 In the years since 9/11 803 00:38:20,114 --> 00:38:21,798 that you've allegedly suffered 804 00:38:21,883 --> 00:38:25,741 from this Post-Traumatic Stress Syndrome, 805 00:38:26,855 --> 00:38:30,212 there's not one visit in your insurance records 806 00:38:30,291 --> 00:38:33,113 to a therapist of any kind. 807 00:38:34,562 --> 00:38:36,315 In fact, as far as I can tell, 808 00:38:36,397 --> 00:38:39,583 the first time you mentioned this problem to anyone 809 00:38:39,667 --> 00:38:42,489 was when you raised it as a defense for killing Donna McClean. 810 00:38:42,570 --> 00:38:43,890 Objection. 811 00:38:43,972 --> 00:38:45,759 That's all right. 812 00:38:48,543 --> 00:38:50,193 She doesn't need to respond. 813 00:38:50,945 --> 00:38:52,629 We all know the answer. 814 00:39:10,131 --> 00:39:11,918 Jury's been out six hours. 815 00:39:12,000 --> 00:39:13,354 Well, it's not an easy case. 816 00:39:14,235 --> 00:39:16,557 It's a run-of-the-mill murder with a headline defense. 817 00:39:16,638 --> 00:39:18,960 I don't think so. Donna McClean, Collette Connolly... 818 00:39:19,040 --> 00:39:22,397 They're both collateral damage from what happened that day. 819 00:39:22,477 --> 00:39:24,025 Your cross was so... 820 00:39:25,013 --> 00:39:26,367 So what, Serena? 821 00:39:27,515 --> 00:39:29,234 Counselor, we got a verdict. 822 00:39:30,919 --> 00:39:32,199 If you can't stand to hear this, 823 00:39:32,253 --> 00:39:33,972 you can go back to the office. 824 00:39:38,993 --> 00:39:40,507 On the first count of the indictment, 825 00:39:40,595 --> 00:39:41,715 murder in the second degree, 826 00:39:41,796 --> 00:39:44,254 how do you find the defendant, Collette Connolly? 827 00:39:46,301 --> 00:39:48,486 We find the defendant guilty. 828 00:39:51,506 --> 00:39:53,361 No! 829 00:39:53,441 --> 00:39:55,057 It's okay. 830 00:39:56,110 --> 00:39:57,464 No! 60094

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