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In the criminal justice system
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00:00:08,125 --> 00:00:11,983
the people are represented by two
separate yet equally important groups,
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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.
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00:00:16,800 --> 00:00:18,416
These are their stories.
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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?
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00:00:31,615 --> 00:00:34,198
I know 100,000 songs.
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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?
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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
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Lucky it wasn't rush hour.
22
00:01:25,135 --> 00:01:26,713
It would have been
worse, but the ferry troop
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00:01:26,737 --> 00:01:28,181
pulled a bunch of the
injured out of the water.
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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.
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00:01:33,510 --> 00:01:34,510
ID?
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00:01:34,578 --> 00:01:38,697
Yeah. Driver's license says her name's
Donna McClean, 34. Brooklyn address.
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00:01:38,782 --> 00:01:41,206
Thanks. Hey,
Brody, what you got?
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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.
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00:01:47,291 --> 00:01:51,046
Pretty nasty blow. Wouldn't be
surprised if she fractured her skull.
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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.
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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.
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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.
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00:02:07,177 --> 00:02:08,721
Well, we don't know
that yet. Well, we do
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00:02:08,745 --> 00:02:10,759
until we prove otherwise, okay?
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00:02:10,847 --> 00:02:13,328
Detective? I found
this in the Pilothouse.
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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.
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00:02:19,356 --> 00:02:21,541
The pilot we got back
here. You lead the way.
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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.
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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
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00:02:53,657 --> 00:02:55,876
through negligence
or misconduct.
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00:02:57,694 --> 00:02:58,810
NYPD?
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00:02:58,895 --> 00:03:00,716
Homicide. Detective Green.
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00:03:01,565 --> 00:03:02,681
Fontana.
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00:03:02,766 --> 00:03:04,052
Special Agent Diamond.
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00:03:04,401 --> 00:03:05,653
The pilot's MIA.
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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.
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00:03:09,206 --> 00:03:10,492
Well, if you need anything.
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00:03:11,241 --> 00:03:13,494
I appreciate it. Take it easy.
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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?
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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,
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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?
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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.
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00:06:07,918 --> 00:06:09,068
$300 shirts?
108
00:06:09,686 --> 00:06:11,734
You should see his ride!
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00:06:15,392 --> 00:06:17,008
I was working forward deck.
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00:06:17,093 --> 00:06:19,779
I heard a scream,
and then a splash,
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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.
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00:06:26,870 --> 00:06:28,691
I thought I saw
someone in the water,
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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.
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00:06:33,310 --> 00:06:36,098
Scream, splash, somebody's
in the water, crash.
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00:06:36,179 --> 00:06:37,179
Positive.
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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.
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00:06:53,530 --> 00:06:54,770
Doesn't mean he's off the hook.
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00:06:54,831 --> 00:06:56,686
He was still asleep
behind the wheel.
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00:06:56,766 --> 00:07:00,214
Deck hand says he heard a
scream and a splash before the crash.
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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
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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.
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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.
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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
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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.
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00:08:49,579 --> 00:08:50,831
Ed?
173
00:08:51,347 --> 00:08:52,736
Sarah's crying again.
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00:08:54,384 --> 00:08:55,807
Look, I appreciate your concern,
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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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