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In the criminal justice system,
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the people are represented by two separate
yet equally important groups-
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the police, who investigate crime,
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and the district attorneys,
who prosecute the offenders.
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These are their stories.
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How many times have I told you,
put it where you can find it?
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What are pockets for?
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Now I'm not sure if I had them with me.
Yeah, you had it.
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Ah, Mom, it stinks in here!
Of course it stinks. It's garbage. Now dig.
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I'm so over curry!
You're gonna be grounded
for life if it's up to your father.
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You know how he hates it
when you lose things.
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Hey, Mom, look at this.
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Oh, my God! That's a hand.
Okay, just drop it, drop it! Now!
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Eww!
Come on!
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He was looking for his what?
His braces.
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They're plastic nowadays,
removable.
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He find them?
Not yet.
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He did, however, find a hand.
Just one? They usually come in pairs.
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Hey, the restaurant said that they put their garbage
out at 10:00 last night right after they closed.
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It was supposed to be picked up this morning,
but the carting company didn't show up.
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So the hand could've been dumped on the
pile anytime in the last 22 hours.
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Detectives? Found this in a
Dumpster on Fourth Street
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Oh, God! don't tell me.
I'm guessing those two belong to each other.
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Look, I need you
to get some help.
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I want you to check every trash can, Dumpster and
garbage bag between First and Second Avenue,
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from Houston to St. Mark's.
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You kidding me?
Do I look like I'm kidding?
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We're looking at an African-American
or Latino male,
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about 50, 5'9" to 5'11",
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190 to 200 pounds.
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Dismembered postmortem. Amputation
was done using a very sharp utensil.
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Blood was drained before
the body parts were wrapped.
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Sounds like a neat freak.
Yeah, meticulous, to say the least.
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Cause of death?
No head, no heart, no way to tell.
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Time of death?
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Given the cold weather, I'd say roughly 24
hours before the first pieces were found.
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Absence of rodent feeding makes me think they were
in the garbage no more than a couple of hours.
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The victim had arthritis.
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Both knees had arthroscopic surgery.
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And I'm betting he used a cane.
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Palm of his right hand is callused.
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Dr. Rodgers,you brought
your A-game today.
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You got a home address for us too?
No, but smell his hand.
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Menthol.
Mentholated propylene glycol.
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Propa-what?
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It's hand sanitizer.
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There's a mentholated version
for people with arthritis.
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He used some
shortly before his death.
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Here we have the contents of the garbage bag from
Sixth Street, where the first hand was found.
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That's from the Fourth Street
Dumpster, the Fifth Street garbage...
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and the garbage can from St.
Mark's Place and Second Avenue,
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which covers everything
we've found so far.
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And? The people from St. Mark's
Place eat too much Thai takeout.
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Okay. You're not in the mood.
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The bags that held body parts were all
one brand... Tough Boy, five gallon.
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Not one of your major brands,
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but one other Tough Boy bag
was found in the Fourth Street Dumpster,
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full of nothing
but ordinary household garbage.
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But it could be the victim's
or the killer's.
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Or some third party who just happened
to use the same brand trash bag.
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You get any usable prints?
Nope. Just smears.
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Runner's Digest.
Our guy used a cane.
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Anybody can dream.
Somebody cut out page 35.
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And somebody liked fruit,
a lot.
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I like fruit. Yeah, but when
you buy it, where do you go?
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Supermarket?
Heaven forbid. Fruit stand.
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So if this is
the victim's garbage...
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With his knees,
he probably shopped close to home.
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There's a whole lot of fruit stands
in the East Village.
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What the hell. Maybe I can pick
up a couple of Granny Smiths.
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Tell ya what-- more than once I thought about crackin ' that
numbskull over the head with that friggin ' cane of his.
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What a pain in the culo.
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Guy gets one bad apple, tells me I should give
him a dozen free.
Hey, you know his name?
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He's a customer,
not a bowling buddy.
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Why? Something happen to him?
What makes you say that?
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- Wishful thinking.
- Do you know where he lives? Ever deliver groceries to him?
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This is not a full-service fruit stand,
Detectives. Strictly cash and carry.
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Hey, is that hand sanitizer?
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Antibacterial. Flu season.
I can't take a chance.
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Won't help. The flu's a virus.
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I haven't had so much as a sniffle in two years.
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It's like taking antibiotics
for a cold. It's a scam.
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- Aah!
- You sell this stuff'?
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- At Maxon's-Around-The-Corner.
- Around the corner where?
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That's the name of it.
Maxon's-Around- The-Comer.
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Sure. I know Roger.
Why?
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You know where we can find him?
He lives in the nabe. Ay, in here all the time.
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He's like dandruff. You can't get rid of him.
Roger have a last name?
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Obnoxious? Like it's my fault
the price of coffee went up.
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Hey, does Roger Obnoxious ever pay
with a credit card or a check?
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We don't take credit cards, and we definitely
don't take checks from guys like Roger.
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Do you carry Runner's? Digest?
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Magazines are in the back by the pet food.
How'd you know?
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- How'd he know what?
- Roger bought a copy of Runner's Digest.
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Did you remember that
'cause Roger got bad knees?
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I remember that 'cause Roger never
bought anything but skin mags.
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Okay we're looking for a crotchety 50-year-old
black or Latino pain in the ass...
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who walks with a limp, uses a cane
and likes to look at dirty pictures.
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And who's training for
the marathon. Hmm?
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Page 35,
the one that was cut out.
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Somehow I don't think this guy's a marathon man.
What's on the other side?
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There you go.
What, the ad?
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I don't think a guy with bad knees who
complains about the price of coffee...
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is gonna be looking
at $300 running shoes.
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- Not the shoes. The dude in the shoes.
- Now you're telling me he's got a crush on this guy?
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What about the girlie magazines?
Maybe he swings both ways.
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Great. So now we're looking for a
bisexual 50-year-old pain in the ass...
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who walks with a limp, carries a cane and
whistles Dixie as he walks down the highway.
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His name's Roger Barry.
Haven't seen him in 10 years.
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And you're right. He's not a runner.
He's a boxer.
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Oh, yeah? What name did he fight under?
Dad.
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Daddy dearest. The old man.
Roger's your father.
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My mom finally got tired of being his
punching bag and split, took me with her.
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Haven't seen him since.
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If you haven't been in touch with him all these years,
how'd he find out about your picture in the magazine?
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Called me up out of the blue. Said
he wanted to know how I turned out.
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So I told him about the ad. Let him
eat his heart out for a change.
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You got an
address for your father?
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That much forgive and forget
I was definitely not interested in.
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- What's this all about? He in trouble?
- We're just trying to find him, that's all.
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Sorry.
You got a phone number?
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Told me he didn't have one.
Must've called me from a pay phone.
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What’d your dad do
after he hung up the gloves?
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Longshoreman.
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Thanks.
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The union must‘ve had to send
his pension checks someplace.
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Mr. Barry won’t like this.
Course he don’t like much of anything.
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Don't you need a warrant?
We would if we suspected
Mr. Barry of wrongdoing.
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- Well, he still won't like it.
- Hey, Ed.
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Yeah.
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Does this look like blood to you?
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Yep. I'm calling C.S.U.
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Something happen to that rat bastard
in my building?
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Uh, it's a little too soon to tell.
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Somethin‘ happen to him,
I know some people
who are gonna start celebratin‘.
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Well, good. And you're gonna
give me their names, aren't you?
Yeah, apartment 2 E.
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just go downstairs and read the buzzers.
Whole building complained about him.
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C.S.U.'s on their way
Who complained the loudest?
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Manny Esperanza down the hall
Said Mr. Barry was stealin' his newspapers.
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Oh, yeah?
Where can we find this guy?
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St.jude‘s Hospital.
He's an orderly.
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That would give him access
to things that go cut in the night.
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I don't know what happened
to Mr. Barry
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I'm a medical professional.
You and Dr. Kevorkian.
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He don't work here.
Look, look, I'm on triple shifts.
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I ain't even been home
for the last three days.
Talk to my supervisor.
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Oh, don't worry. We will.
Why you bustin‘ my chops?
Everybody in the building hated his guts.
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Ask his girlfriend.
She's gonna say
that everybody hated him?
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She'll tell you
the thing with the newspapers?
He started it.
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Course she's deaf.
She couldn't hear what kind of nonsense
was coming out of his big mouth.
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What an unpleasant personality.
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This girlfriend have a name?
Jennifer something.
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- Okay, do you know where she lives?
- Across the hall from him.
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Don't you need probable cause for a warrant?
Oh, you're a judge now?
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I'm just sayin‘.
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Sorry, Irv.
This is where you get off.
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Got a yearbook here.
Cedar Hill Academy.
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Shelby, Shelby. Here she is.
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Jennifer Shelby.
Well, her back in high school anyway.
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She graduated from Cedar Hill,
class of '79.
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Fancy girls' school
to a crappy one-room apartment.
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Maybe we should pay
Cedar Hill a visit.
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I think they’re on the Upper East Side.
Hey, Ed.
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Whoa.
You can do some serious damage
with that bad boy.
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Yeah, like take somebody apart
joint by joint.
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Looks pretty clean.
Now, wait a minute.
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There's a little residue here
at the handle.
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Man, C.S.U. gonna get sick
of comin' to this building.
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I don't know her personally.
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Jennifer hasn't been to any events
since I've been alumni director
at Cedar Hill.
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Is that because she's deaf?
Whatever gave you that idea?
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In fact, I spoke to her
on the phone just last month
about the annual fund.
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Annual fund? Wait a minute.
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00:10:00,976 --> 00:10:04,831
The Jennifer Shelby that we're
lookin' for lives in a six-story
walk-up on East Fourth Street.
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00:10:04,889 --> 00:10:08,937
Are you sure you have
the right Jennifer Shelby?
You know what? You tell us.
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00:10:10,240 --> 00:10:14,163
This Jennifer... our Jennifer...
lives on 63rd and Park.
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00:10:14,219 --> 00:10:16,535
She's married to Ross Teller.
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00:10:16,594 --> 00:10:19,137
The real estate mogul?
That's right.
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00:10:19,203 --> 00:10:22,715
What's this all about?
Are you talking to every
Jennifer Shelby in New York City?
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00:10:22,781 --> 00:10:24,731
How many of us can there be?
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00:10:24,788 --> 00:10:29,578
This Jennifer Shelby
had a copy of the Cedar Hill
Academy yearbook, 1979.
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00:10:29,637 --> 00:10:33,320
You mean she's impersonating me,
and her name really isn't Jennifer Shelby?
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00:10:33,382 --> 00:10:37,134
That's what it looks like.
How the hell did she get
a copy of the yearbook?
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00:10:37,195 --> 00:10:40,115
People clean out their closets,
put things on the street.
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00:10:40,172 --> 00:10:44,859
What did this person do anyway?
She's a suspect in a murder investigation.
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00:10:46,492 --> 00:10:48,944
Evan Barry gave us D.N.A.
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00:10:49,001 --> 00:10:51,510
The dismembered body
is his father, Roger Barry.
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00:10:51,576 --> 00:10:54,085
The blood that we found
in Roger Barry's bathtub drain...
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00:10:54,151 --> 00:10:57,162
matches the blood on the knife
that we found in the fake
Jennifer Shelby's apartment.
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00:10:57,228 --> 00:10:59,178
All that blood belongs to?
Roger Barry.
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00:10:59,234 --> 00:11:02,416
We know where he got cut up
and what he got cut up with.
And the real Jennifer Shelby?
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00:11:02,478 --> 00:11:05,489
She's as baffled as we are
She has no idea who
this other woman is.
193
00:11:05,555 --> 00:11:08,736
We got plainclothes officers
sittin' on the apartment
just in case she returns.
194
00:11:08,799 --> 00:11:11,810
Whoever she is,
she had to pay the rent.
195
00:11:15,287 --> 00:11:18,708
I only met her once,
when she came in to sign the lease.
196
00:11:18,765 --> 00:11:22,722
Roger Barry referred her.
God, I can't believe he's dead. Shocking!
197
00:11:22,778 --> 00:11:25,060
Did she put down
a security deposit?
198
00:11:25,120 --> 00:11:27,970
Yeah, first and last months
Cash. I remember that.
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00:11:28,028 --> 00:11:30,172
Nice, crisp, new
hundred-dollar bills.
200
00:11:30,236 --> 00:11:32,951
How did she pay the rent every month?
Money order.
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00:11:33,012 --> 00:11:35,589
Uh, we need copies.
Not a problem.
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00:11:35,654 --> 00:11:39,509
I hope she's not in trouble.
Hey, she's the perfect tenant.
203
00:11:39,567 --> 00:11:42,486
Never complains.
Not a peep out of her.
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00:11:42,544 --> 00:11:45,120
Funny. Just get us
the money orders.
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00:11:45,186 --> 00:11:48,767
Sure, I sold these. Jennifer Shelby.
206
00:11:48,830 --> 00:11:52,946
Yeah, late 30s, early 40s,
thin, brown hair, deaf.
207
00:11:53,011 --> 00:11:54,961
Oh, the deaf lady. Sure.
208
00:11:55,017 --> 00:11:57,024
You seen her lately?
About once a month.
209
00:11:57,091 --> 00:11:59,737
Comes in here, buys one for rent,
one for Con Ed.
210
00:11:59,800 --> 00:12:03,518
I ain't seen her since last month. Sorry.
All right, man. Thanks.
211
00:12:03,579 --> 00:12:07,000
Hey, wait.
My friend Jaime told me
he seen her at a meeting.
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00:12:07,057 --> 00:12:09,907
What kind of meeting?
You know, not A.A.
213
00:12:09,966 --> 00:12:12,977
What's the other one, for drugs?
N.A. Narcotics Anonymous.
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00:12:13,043 --> 00:12:17,503
Yeah, that's it. At the church.
St. Alphonsus Liguri.
Fourth and "A".
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00:12:17,558 --> 00:12:19,508
All right.
216
00:12:19,564 --> 00:12:22,575
You know we're not allowed
to talk about who's here and what goes on.
217
00:12:22,641 --> 00:12:25,823
As far as last names go...
Believe me, I know the drill.
218
00:12:25,886 --> 00:12:28,897
You a friend of Bill's?
Yup, for many years.
219
00:12:28,962 --> 00:12:30,968
Then you know my hands are tied.
220
00:12:31,036 --> 00:12:33,544
They're gonna be in handcuffs
in a minute if you don't start talking.
221
00:12:33,611 --> 00:12:37,260
This woman's wanted
for questioning in a murder.
Jennifer Shelby? A murder?
222
00:12:37,323 --> 00:12:39,273
Are we gettin‘ through
to you now, Marty?
223
00:12:39,330 --> 00:12:43,081
She's been at a bunch of meetings
She's a nice girl, far as I can tell.
224
00:12:43,142 --> 00:12:45,388
She's deaf.
How‘d she participate?
225
00:12:45,450 --> 00:12:48,198
Well, she reads lips.
Somehow she manages.
226
00:12:48,259 --> 00:12:51,110
We offered to get her an interpreter,
but she wasn't interested.
227
00:12:51,169 --> 00:12:54,350
When was the last time she was here?
Last week.
228
00:12:54,412 --> 00:12:58,598
By the way, Mr. Narcotics Anonymous,
how come you know her last name?
229
00:12:58,660 --> 00:13:00,838
She was handing out these flyers.
230
00:13:00,901 --> 00:13:04,584
She's got a painting
hanging in this gallery show
down the street.
231
00:13:07,857 --> 00:13:09,807
She never gave me
a contact number. Sorry
232
00:13:09,864 --> 00:13:11,870
What if you sold one of her paintings?
233
00:13:11,937 --> 00:13:14,651
I hold the money for her
till she gets in touch with me.
234
00:13:14,713 --> 00:13:17,963
That's Jenny's. It's a lot like her.
235
00:13:18,023 --> 00:13:21,034
Mysterious, brooding, secretive.
236
00:13:21,100 --> 00:13:23,609
I kind of like it. I don't know if I could
live with it, but...
237
00:13:23,675 --> 00:13:26,355
My idea of modern art is LeRoy Neiman.
238
00:13:26,417 --> 00:13:28,424
She signed it.
It's dated last month.
239
00:13:28,491 --> 00:13:31,205
She didn't have any paints
in her apartment.
Canvases, nothing.
240
00:13:31,268 --> 00:13:35,282
A lot of our artists rent studio
space in the Co-op on Avenue "C".
241
00:13:35,347 --> 00:13:37,297
You're in luck.
242
00:13:37,353 --> 00:13:39,862
Jen's been here all day.
She's on a creative jag.
243
00:13:39,928 --> 00:13:43,110
I used to have those,
only I called them benders.
244
00:13:43,173 --> 00:13:45,682
This is Jen's studio. I'll let you guys be.
245
00:13:45,748 --> 00:13:49,762
Would you mind unlocking the door?
She's not gonna hear us knock.
Right. I forgot.
246
00:13:53,976 --> 00:13:55,926
There you go.
Thanks.
247
00:13:59,928 --> 00:14:02,174
How do we get her attention?
I don't wanna scare her.
248
00:14:02,235 --> 00:14:04,847
Maybe she can feel vibration.
249
00:14:08,824 --> 00:14:11,070
Whoa! Hey!
250
00:14:11,132 --> 00:14:13,948
Stop! Stop!
All right, take it...
251
00:14:14,007 --> 00:14:16,014
No!
252
00:14:18,288 --> 00:14:22,109
Docket number 456383,
People v. Eli Madison.
253
00:14:22,168 --> 00:14:25,852
Charge is murder in the second degree.
How does the defendant plead?
254
00:14:25,914 --> 00:14:28,422
Not guilty, Your Honor.
Ms. Southerlyn?
255
00:14:28,489 --> 00:14:32,640
The accused is charged with
murdering his 50-year-old neighbor
and hacking him into pieces.
256
00:14:32,702 --> 00:14:36,180
I imagine you're requesting remand.
Your turn, Mr Archer
257
00:14:36,247 --> 00:14:39,702
Mr. Madison is a scion of one of
New York's best-known families.
258
00:14:39,758 --> 00:14:43,374
Yes, and I remember reading
about him in all the papers,
what was it, 10 years ago?
259
00:14:43,438 --> 00:14:46,984
Those accusations were false,
Your Honor. They shouldn't be
taken into consideration now.
260
00:14:47,049 --> 00:14:49,763
The defendant has been living
under an assumed name.
261
00:14:49,825 --> 00:14:52,574
To avoid the negative publicity
that almost destroyed him.
262
00:14:52,635 --> 00:14:54,585
Jennifer Shelby, Your Honor.
263
00:14:54,641 --> 00:14:57,652
- Excuse me, counselor?
- His assumed name and false identity.
264
00:14:57,717 --> 00:15:00,568
He's been living as a woman, Your Honor.
265
00:15:00,627 --> 00:15:04,105
Better and better.
Bail is set at two million dollars.
266
00:15:04,172 --> 00:15:06,384
Defendant will surrender his passport.
267
00:15:06,446 --> 00:15:08,693
Next?
268
00:15:08,754 --> 00:15:12,004
Is this the same Eli Madison whose
wife went missing 10 years ago?
269
00:15:12,065 --> 00:15:15,988
The same Eli Madison
Adam Schiff could never
quite indict for her murder.
270
00:15:16,044 --> 00:15:19,728
Why not?
Because her body
was never found.
271
00:15:19,790 --> 00:15:23,405
Eli claimed she just
walked out on him one clay.
She's never been seen since.
272
00:15:23,469 --> 00:15:25,785
How good a case was it?
273
00:15:25,844 --> 00:15:30,029
The police found traces
of Caroline Madison's blood
in their bedroom,
274
00:15:30,091 --> 00:15:32,235
evidence of a missing rug...
275
00:15:32,298 --> 00:15:35,148
and a dryer full
of freshly washed sheets.
276
00:15:35,207 --> 00:15:38,719
Hmm. That had to be quite a sight.
Eli Madison doing his own laundry.
277
00:15:38,787 --> 00:15:41,968
Eli could never really account
for his movements that day.
278
00:15:42,030 --> 00:15:46,854
Lots of gaps and inconsistencies,
and his alibi was his best friend.
279
00:15:46,913 --> 00:15:50,699
And after the story broke
and Madison was questioned
by the police,
280
00:15:50,759 --> 00:15:52,709
he fled the country.
281
00:15:52,766 --> 00:15:55,251
Evidence of consciousness of guilt.
It sounds pretty solid.
282
00:15:55,307 --> 00:15:59,732
Lots of bits and pieces,
but never quite enough.
And the Madisons had clout.
283
00:15:59,789 --> 00:16:02,708
This office has tried a couple
of homicides without a body,
284
00:16:02,765 --> 00:16:05,776
but I wouldn't necessarily recommend it.
285
00:16:05,841 --> 00:16:09,023
What about this case?
We have a body. Most of one, anyway.
286
00:16:09,086 --> 00:16:12,040
Unfortunately, not the parts
that would tell us cause of death.
287
00:16:12,096 --> 00:16:14,776
- What are we missing?
- The head, the heart.
288
00:16:14,838 --> 00:16:18,225
We'll have to trust the jury
to draw the obvious conclusion.
289
00:16:18,283 --> 00:16:22,297
Which may not be all that obvious
when it comes time to deliberate.
290
00:16:22,362 --> 00:16:27,323
He's got Al Archer, who'll blow a lot of
expensive smoke up the jury's skirt.
291
00:16:27,379 --> 00:16:30,458
We can handle Archer
and his legions of experts, Arthur.
292
00:16:30,523 --> 00:16:33,944
He also churns more documents
than the Land O' Lake girl churns butter.
Let him churn.
293
00:16:34,001 --> 00:16:36,418
The facts don't disappear.
294
00:16:36,476 --> 00:16:39,486
But they can be spun, along with a jury.
295
00:16:39,553 --> 00:16:42,666
And I'd feel a lot better if we had a motive.
296
00:16:44,837 --> 00:16:46,787
Well, let the churning begin.
297
00:16:46,843 --> 00:16:49,352
Motion fora change of venue.
298
00:16:53,231 --> 00:16:56,310
Had I known, I'd have rented a banquet hall.
299
00:16:56,374 --> 00:17:00,959
Because of the nature of the case
and the difficulty and the variety
of the issues involved,
300
00:17:01,023 --> 00:17:04,444
Mr. Madison has authorized me
to retain co-counsel in his behalf.
301
00:17:04,501 --> 00:17:07,283
This is Ron Gumer from Hanson Brackens.
302
00:17:07,344 --> 00:17:09,956
He'll be advising on matters forensic.
Your Honor.
303
00:17:10,019 --> 00:17:12,528
Madeline Myers from the Prescott firm.
304
00:17:12,594 --> 00:17:15,103
She'll be dealing with the D.N.A. evidence.
Sir.
305
00:17:15,169 --> 00:17:18,420
And Professor Enright,
who I'm sure you know,
wrote the book on venue, literally.
306
00:17:18,481 --> 00:17:20,727
The more, the merrier.
307
00:17:20,788 --> 00:17:23,137
I assume this is your party, Professor?
Thank you, Your Honor.
308
00:17:23,196 --> 00:17:25,772
As we're all aware,
309
00:17:25,838 --> 00:17:28,654
the critical consideration
of the venue provisions...
310
00:17:28,714 --> 00:17:31,166
is whether the defendant
can get a fair trial...
311
00:17:31,222 --> 00:17:33,834
in the community in which the crime occurred
312
00:17:33,898 --> 00:17:36,646
“Millionaire Murderer."
313
00:17:37,911 --> 00:17:39,862
“Mayflower Maniac."
314
00:17:41,155 --> 00:17:44,906
"Seven-figure Sadist."
"Wealthy Wife Killer."
315
00:17:44,967 --> 00:17:48,822
As we can see from these headlines,
a jury in this jurisdiction...
316
00:17:48,880 --> 00:17:52,028
cannot possibly approach this
case with an open mind.
317
00:17:52,091 --> 00:17:55,569
- The entire jury pool has been poisoned
- Those headlines are 10 years old.
318
00:17:55,636 --> 00:17:59,251
The case at bar does not involve
Caroline Madison's disappearance.
319
00:17:59,314 --> 00:18:04,332
Caroline Madison's family kept her
dissappearance at the forefront
of the city's consciousness...
320
00:18:04,398 --> 00:18:07,579
with its very public wrongful death
lawsuit against our client.
321
00:18:07,642 --> 00:18:10,128
And may I remind Your Honor...
322
00:18:10,184 --> 00:18:13,936
that that case was dismissed only after
six years of litigation and publicity.
323
00:18:13,996 --> 00:18:18,181
And where would you have me
transfer the case, Mr. Archer?
324
00:18:18,244 --> 00:18:21,357
- Suffolk County would be satisfactory to the defense.
- The Hamptons!
325
00:18:21,421 --> 00:18:25,002
Why not hold the trial in the lounge
of Eli Madison's country club?
326
00:18:25,066 --> 00:18:29,719
Your Honor, any prior knowledge of
Mr. Madison's first run-in with the law...
327
00:18:29,781 --> 00:18:31,731
can be dealt with on voir dire.
328
00:18:31,788 --> 00:18:34,833
I agree, Mr. McCoy.
Defense motion is denied.
329
00:18:34,899 --> 00:18:39,187
In that case, Your Honor,
I move to preclude any mention
of Ms. Madison's disappearance.
330
00:18:39,246 --> 00:18:42,165
People oppose the request.
On what grounds?
331
00:18:42,223 --> 00:18:45,575
You just said the case at bar doesn't
involve Caroline Maclison's disappearance.
332
00:18:45,633 --> 00:18:48,644
Those are your words, Mr. McCoy.
He's changing the context, Your Honor.
333
00:18:48,710 --> 00:18:51,927
No, Mr. McCoy. If it involves
Ms. Madison's disappearance,
334
00:18:51,988 --> 00:18:54,702
it will not be admissible
in my courtroom.
335
00:19:00,014 --> 00:19:02,660
I analyzed blood found
in the decedent's bathroom...
336
00:19:02,723 --> 00:19:05,404
and on the knife found
in the defendant's apartment,
337
00:19:05,466 --> 00:19:07,815
as well as the body parts
found by the police.
338
00:19:07,873 --> 00:19:10,986
- How many matches did you find?
- Nine.
339
00:19:11,051 --> 00:19:15,532
- Have you reached a conclusion?
- The D.N.A. samples are from
the same individual.
340
00:19:15,599 --> 00:19:18,381
The blood on the knife
in Mr. Madison's apartment,
341
00:19:18,441 --> 00:19:21,953
the blood in Mr. Barry's bathtub...
342
00:19:22,020 --> 00:19:25,031
and the body parts... all the same D.N.A.?
343
00:19:25,097 --> 00:19:27,548
Yes.
344
00:19:29,110 --> 00:19:32,189
Specifically, Doctor, what analytic
method did your lab use?
345
00:19:32,253 --> 00:19:35,366
P.C.R. Polymerase Chain Reaction.
346
00:19:35,430 --> 00:19:38,179
- That's it?
- Yes.
347
00:19:38,240 --> 00:19:41,524
You didn't use SNIPS?
Single Nucleotide Polymorphism Analysis.
348
00:19:41,584 --> 00:19:44,093
No.
Or Short Tandem Repeat Technology?
349
00:19:44,159 --> 00:19:46,235
- No.
- Can I ask why?
350
00:19:46,299 --> 00:19:48,979
P.C.R. analysis is accurate and sufficient.
351
00:19:49,041 --> 00:19:52,827
I didn't think it was necessary
to verify further with additional modalities.
352
00:19:52,888 --> 00:19:56,139
Well, without having conducted
those additional analyses,
353
00:19:56,199 --> 00:19:58,480
can you testify that the results
would be the same?
354
00:19:58,540 --> 00:20:01,391
- No, I can't, but...
- Nothing further.
355
00:20:06,165 --> 00:20:10,487
Detective Green, I show you People's exhibit "A".
356
00:20:10,546 --> 00:20:15,232
Do you recognize it?
That's the knife that we found
in Jennifer Shelby's...
357
00:20:15,295 --> 00:20:18,077
- Eli Madison's apartment.
- What did you do with it?
358
00:20:18,138 --> 00:20:21,593
Well, we observed some residue
on the knife that looked like dried blood,
359
00:20:21,649 --> 00:20:24,934
so we followed standard procedure
to preserve the chain of custody...
360
00:20:24,994 --> 00:20:27,104
and protect the evidence from contamination.
361
00:20:27,167 --> 00:20:30,017
And then we sent it to the lab to be analyzed.
362
00:20:30,076 --> 00:20:33,087
No further questions, Your Honor.
363
00:20:34,291 --> 00:20:36,800
Detective Green.
364
00:20:36,866 --> 00:20:40,219
Did you do a thorough inventory
of the contents of the defendant's apartment?
365
00:20:40,277 --> 00:20:42,786
- Yes, we did.
- And were there other knives
in the defendant's kitchen?
366
00:20:42,852 --> 00:20:44,836
Yes.
Other sharp knives, for cooking or whatever?
367
00:20:44,892 --> 00:20:48,177
There was a set of knives
of various sizes and a cutting board.
368
00:20:48,236 --> 00:20:51,452
So was this knife, the one that you just
entered in to evidence, part of that set?
369
00:20:51,514 --> 00:20:52,996
No.
How was it different?
370
00:20:53,052 --> 00:20:56,507
That knife is quite a bit larger,
and the handle is different.
371
00:20:56,564 --> 00:21:00,316
So this knife doesn't resemble
any of the other knives in the kitchen?
372
00:21:01,714 --> 00:21:04,029
No. Not really.
373
00:21:04,088 --> 00:21:06,095
Hmm.
374
00:21:09,774 --> 00:21:13,059
I compared the incisions and markings
on the flesh and bone of the decedent.
375
00:21:13,118 --> 00:21:15,262
With the structural characteristics of the knife.
376
00:21:15,325 --> 00:21:18,176
Could this particular knife
have been used to cut up the body?
377
00:21:18,235 --> 00:21:22,921
Yes, the bone and flesh incisions
are consistent with the cutting
characteristics of this knife.
378
00:21:26,863 --> 00:21:29,213
“Consistent with."
379
00:21:29,271 --> 00:21:31,917
That's not the same
as “the same," is it?
380
00:21:31,980 --> 00:21:34,124
No.
381
00:21:34,187 --> 00:21:37,768
This knife might have been used
to dismember the body.
382
00:21:37,833 --> 00:21:39,783
Yes.
But you can't be sure.
383
00:21:39,839 --> 00:21:42,793
It lacks sufficient
distinguishing characteristics...
384
00:21:42,849 --> 00:21:45,027
to make a definitive identification.
385
00:21:45,090 --> 00:21:48,169
ls there any way to determine
whether this particular knife
was used to kill Mr. Barry?
386
00:21:48,233 --> 00:21:50,982
Not in this case. The knife lacks...
387
00:21:51,043 --> 00:21:53,392
Sufficient distinguishing characteristics.
388
00:21:53,450 --> 00:21:55,696
Thank you.
389
00:21:55,759 --> 00:21:58,678
Oh, by the way, Doctor,
390
00:21:58,734 --> 00:22:01,551
what actually did kill Mr. Barry?
391
00:22:01,611 --> 00:22:04,758
Was he, in fact, stabbed to death,
or shot, or bludgeoned,
392
00:22:04,821 --> 00:22:06,965
or did he die of natural causes?
393
00:22:07,028 --> 00:22:09,206
A heart attack, stroke?
394
00:22:09,270 --> 00:22:12,189
- The cause is unknown at this time
- Why is that?
395
00:22:12,246 --> 00:22:15,701
We don't have enough of Mr. Barry's remains...
396
00:22:15,757 --> 00:22:18,711
to determine with medical certainty
the cause of death.
397
00:22:23,884 --> 00:22:27,169
When you kept Mr. Barry company
on these occasions, how were you dressed?
398
00:22:27,229 --> 00:22:31,277
As a woman. As Jennifer
He knew me as Jennifer.
399
00:22:31,342 --> 00:22:33,954
So what happened
the night he died?
400
00:22:35,021 --> 00:22:39,206
I was in Roger's apartment.
We were watching a basketball game.
401
00:22:39,268 --> 00:22:43,624
I got caught up in it and yelled
something in my real voice.
402
00:22:43,682 --> 00:22:45,792
And Mr. Barry?
He freaked.
403
00:22:45,856 --> 00:22:48,639
He realized I wasn't really deaf,
404
00:22:48,699 --> 00:22:50,649
that I wasn't a woman.
405
00:22:50,705 --> 00:22:54,321
And why would that matter so much to him?
406
00:22:55,622 --> 00:22:57,572
Eli?
407
00:23:01,508 --> 00:23:04,256
We'd been... intimate.
408
00:23:04,317 --> 00:23:07,202
So you'd had sex with Roger Barry.
Yes.
409
00:23:07,260 --> 00:23:11,913
And he still didn't know?
I was good at putting him off in certain ways.
410
00:23:11,975 --> 00:23:15,226
At deceiving him?
Yes.
411
00:23:15,287 --> 00:23:19,301
Hmm. So he was upset, angry.
412
00:23:19,366 --> 00:23:23,015
Furious! He hit me over and over with his cane.
He had a terrible temper.
413
00:23:23,079 --> 00:23:27,093
I was fending him off, and he...
414
00:23:27,159 --> 00:23:30,910
he made this awful gasping noise.
415
00:23:30,972 --> 00:23:34,222
He dropped his cane,
clutched his chest and fell down.
416
00:23:34,282 --> 00:23:37,828
Then he turned blue.
I guess he had a heart attack.
417
00:23:37,894 --> 00:23:41,852
I did C.P.R. on him. It seemed like hours.
418
00:23:41,908 --> 00:23:43,858
But...
419
00:23:45,519 --> 00:23:48,369
So Mr. Barry is lying there, dead,
420
00:23:48,429 --> 00:23:51,041
despite your best efforts to revive him.
421
00:23:51,104 --> 00:23:53,818
So what‘d you do next, Eli?
I panicked.
422
00:23:53,880 --> 00:23:57,335
Why?
I knew what the police would think!
423
00:23:57,391 --> 00:24:01,850
I couldn't have our relationship
or my life as Jennifer Shelby exposed.
424
00:24:01,906 --> 00:24:05,921
And I certainly couldn't go to prison.
I'd never survive.
425
00:24:05,987 --> 00:24:09,100
So I decided to get rid of Roger's body.
426
00:24:09,163 --> 00:24:12,310
So that's when you went back
to your apartment to get that knife.
427
00:24:12,374 --> 00:24:15,522
- That's not my knife
- It isn't?
428
00:24:15,585 --> 00:24:18,972
I've never seen it before.
Besides, I didn't need one.
429
00:24:19,030 --> 00:24:21,379
Roger kept a metal cutter
in his closet.
430
00:24:21,437 --> 00:24:24,117
So the knife that the police found
in your apartment,
431
00:24:24,179 --> 00:24:27,361
the knife that doesn't match
any of the knives in your kitchen
432
00:24:27,424 --> 00:24:29,705
the knife that you say you've never seen before...
433
00:24:29,764 --> 00:24:32,478
How did that knife come to be in your apartment?
I have no idea.
434
00:24:32,541 --> 00:24:35,859
- Well, how did Mr. Barry's blood get on that knife?
- I have no idea.
435
00:24:35,918 --> 00:24:39,739
- I do!
- Objection! Chambers, Your Honor!
436
00:24:41,403 --> 00:24:43,912
Accusing the prosecution of planting evidence!
437
00:24:43,978 --> 00:24:46,327
I didn't mean to imply
you personally, Mr. McCoy,
438
00:24:46,385 --> 00:24:49,168
but there is a long list of people
working for the state..
439
00:24:49,229 --> 00:24:51,738
who've wanted Mr. Madison
in prison for the past 10 years.
440
00:24:51,804 --> 00:24:55,453
There is no basis in fact for these allegations.
I will strike that remark.
441
00:24:55,516 --> 00:24:57,523
You can't unring the bell,
Your Honor.
442
00:24:57,589 --> 00:25:02,515
No, but I can issue an instruction
for the jury to ignore it, Mr. McCoy.
443
00:25:04,646 --> 00:25:07,897
Mr. Barry kept a metal cutter in his closet?
444
00:25:07,957 --> 00:25:10,465
He worked with his hands.
He made his own furniture.
445
00:25:10,532 --> 00:25:14,455
Quite a coincidence that the knife
the police found in your apartment.
446
00:25:14,512 --> 00:25:18,560
has the same characteristics
as the metal cutter they didn't find.
447
00:25:18,625 --> 00:25:22,639
Do you know why they didn't find it?
I tossed it into one of the Dumpsters.
448
00:25:22,705 --> 00:25:25,021
I guess they didn't look hard enough.
449
00:25:25,080 --> 00:25:28,866
The police also failed to find Mr. Barry's heart,
450
00:25:28,926 --> 00:25:31,377
which would have proved or disproved...
451
00:25:31,433 --> 00:25:33,715
your story about a heart attack.
452
00:25:33,775 --> 00:25:38,234
I wish they had. An autopsy
would have exonerated me.
453
00:25:38,290 --> 00:25:40,742
You should have thought of that before
you cut up your boyfriend's body.
454
00:25:40,798 --> 00:25:43,718
Objection!
Withdrawn.
455
00:25:43,775 --> 00:25:48,131
You testified that you dismembered
Mr. Barry's body...
456
00:25:48,189 --> 00:25:50,766
because quote...
457
00:25:50,831 --> 00:25:53,180
“You knew what the police would think."
458
00:25:53,238 --> 00:25:56,249
What were you afraid
the police would think?
459
00:25:56,315 --> 00:25:58,094
Approach, Your Honor.
460
00:26:01,332 --> 00:26:05,722
You've already ruled on this.
My client is being tried
for the murder of Roger Barry.
461
00:26:05,780 --> 00:26:09,566
Any mention of his missing wife
is prejudicial and irrelevant.
462
00:26:09,626 --> 00:26:12,807
I didn't ask Mr. Madison about
his wife's disappearance.
463
00:26:12,870 --> 00:26:14,877
I asked him about his state of mind.
464
00:26:16,047 --> 00:26:18,727
Your client opened the door,
Mr. Archer. I'm gonna allow it.
465
00:26:25,846 --> 00:26:28,560
What were you afraid the police
would think, Mr. Madison?
466
00:26:28,621 --> 00:26:31,906
That I killed him too, just like
you think I killed my wife.
467
00:26:31,966 --> 00:26:34,977
You still think I killed my wife, even
though you know you can't prove it.
468
00:26:35,043 --> 00:26:37,586
- Your Honor...
- Because I didn't do it!
469
00:26:37,651 --> 00:26:42,338
They all think I killed my wife!
But they couldn't prove anything then,
so that's why they're setting me up now!
470
00:26:42,400 --> 00:26:44,442
Move to strike. Unresponsive!
471
00:26:44,507 --> 00:26:48,292
Stricken. Jury will disregard
the witness's last remark.
472
00:26:57,817 --> 00:27:01,068
Have you reached a verdict?
We have.
473
00:27:01,129 --> 00:27:04,379
On the sole count of the indictment,
murder in the second degree,
474
00:27:04,439 --> 00:27:06,583
how do you find?
475
00:27:06,646 --> 00:27:09,828
We find the defendant,
Eli Madison, not guilty.
476
00:27:24,806 --> 00:27:27,794
Well, I told you that Archer
could blow smoke.
477
00:27:27,850 --> 00:27:31,602
“Who you gonna believe,
me or your lyin' eyes?”
478
00:27:31,663 --> 00:27:36,019
And they believed Archer.
Creating reasonable doubt
where none exists costs money.
479
00:27:36,077 --> 00:27:40,193
And what, people like Eli Madison
are entitled to as much justice
as they can afford?
480
00:27:40,257 --> 00:27:43,040
Well, at the end of the day,
all we really proved...
481
00:27:43,100 --> 00:27:45,848
was that Eli Madison cut up a body.
482
00:27:45,909 --> 00:27:47,951
I'm not done with Eli Madison yet.
483
00:27:48,016 --> 00:27:51,027
What do you have in mind,
charging him with obstruction
and tampering?
484
00:27:51,093 --> 00:27:53,409
No, with killing his wife.
485
00:27:53,468 --> 00:27:57,653
Remember what I said about
prosecuting homicides without bodies.
486
00:27:57,714 --> 00:28:01,067
If all Eli Madison wanted to do
was avoid being recognized,
487
00:28:01,126 --> 00:28:03,874
he could have grown a beard or shaved his head.
488
00:28:03,935 --> 00:28:06,946
But instead he put on a wig and a dress.
489
00:28:07,012 --> 00:28:10,695
It must mean something.
Pretzel?
490
00:28:10,757 --> 00:28:14,144
What if he is
a transvestite?
491
00:28:14,202 --> 00:28:16,882
Then some of what he said
on the stand could be true.
492
00:28:16,944 --> 00:28:19,328
Maybe he really couldn't bear
being found out.
493
00:28:19,386 --> 00:28:21,336
And if that's why he killed Roger Barry...
494
00:28:21,393 --> 00:28:24,711
Maybe he killed his wife
for the same reason.
495
00:28:24,770 --> 00:28:26,812
Say she found out his secret.
496
00:28:26,877 --> 00:28:30,891
For a man like Eli Madison,
living in that cloistered world
of old money...
497
00:28:30,957 --> 00:28:33,067
Better a murderer
than a cross-dresser.
498
00:28:33,130 --> 00:28:36,985
Exactly. Delve as deep as
you can into Eli Madison.
499
00:28:37,043 --> 00:28:40,555
Let's find out how good he was
at keeping his secret.
500
00:28:43,431 --> 00:28:46,282
Here he is. Eli Peter Madison.
501
00:28:46,341 --> 00:28:49,922
Married Caroline Gail Thornton
December 5,1992.
502
00:28:49,986 --> 00:28:54,240
Divorced her July14,1996.
Uncontested.
503
00:28:54,301 --> 00:28:56,913
It's hard to contest anything
when you've been misplaced.
504
00:28:56,976 --> 00:28:59,154
Is that it?
505
00:28:59,217 --> 00:29:01,829
Did you know he was married before?
506
00:29:01,892 --> 00:29:04,937
No.
1982.
507
00:29:05,002 --> 00:29:06,953
That would have made him 18 or so.
508
00:29:07,009 --> 00:29:09,997
He married a Diane Wharsey, also 18.
509
00:29:10,052 --> 00:29:12,401
Didn't last long. Six months.
510
00:29:12,461 --> 00:29:15,881
- You happen to have an address?
- Twenty-two years old.
511
00:29:15,938 --> 00:29:18,424
You gotta start somewhere.
512
00:29:21,088 --> 00:29:25,605
I bought it with the settlement,
and I've been here ever since.
513
00:29:27,543 --> 00:29:29,494
We were children.
514
00:29:29,550 --> 00:29:32,196
Of course it didn't last.
515
00:29:32,259 --> 00:29:34,973
Can I ask you an embarrassing question?
516
00:29:35,034 --> 00:29:37,350
Can I stop you?
517
00:29:37,409 --> 00:29:39,917
How was your sex life?
518
00:29:39,985 --> 00:29:42,060
Uh...
519
00:29:42,124 --> 00:29:44,200
We thought it was great.
520
00:29:44,264 --> 00:29:48,016
I mean, what do you even know
at that age?
521
00:29:48,077 --> 00:29:53,699
Did Eli have any tendencies
that weren't... mainstream?
522
00:29:53,763 --> 00:29:58,279
Ms. Southerlyn, maybe you oughta
just stop beating around the bush...
523
00:29:58,345 --> 00:30:00,420
and say what you mean.
524
00:30:00,484 --> 00:30:03,404
Are you asking was he gay?
We could start there.
525
00:30:03,461 --> 00:30:06,244
I don't think he really knew
one way or the other.
526
00:30:06,304 --> 00:30:09,292
Now, let me ask you a question.
527
00:30:09,347 --> 00:30:11,832
Why are you here?
Eli was acquitted.
528
00:30:11,889 --> 00:30:14,705
We're looking into the disappearance
of his second wife.
529
00:30:14,765 --> 00:30:16,716
Ah, Caroline.
530
00:30:16,772 --> 00:30:20,318
The case is still open, and I was wondering
if he ever talked to you about it.
531
00:30:20,383 --> 00:30:22,892
He called me from Europe.
He was distraught.
532
00:30:22,959 --> 00:30:25,639
He felt persecuted.
533
00:30:25,701 --> 00:30:28,484
He had to come back for the trial
and Dwayne had just died.
534
00:30:28,544 --> 00:30:31,224
Dwayne ?
Evans. His very close friend.
535
00:30:31,286 --> 00:30:34,068
Dwayne had a terrible accident.
536
00:30:34,129 --> 00:30:36,911
Rock climbing or something out west.
537
00:30:36,971 --> 00:30:41,829
They had just taken his deposition,
and he was supposed to come back
to New York to testify.
538
00:30:41,887 --> 00:30:44,169
Was this Eli's alibi witness?
Mmm.
539
00:30:44,229 --> 00:30:49,121
Eli was beside himself. He lost the one
person who could really exonerate him.
540
00:30:49,178 --> 00:30:51,220
Did you know Dwayne?
A little.
541
00:30:51,285 --> 00:30:54,135
He made Eli look like
the poster boy for normal.
542
00:30:54,194 --> 00:30:57,479
How so?
Neurotic, hysterical.
543
00:30:57,539 --> 00:31:00,219
You name it.
544
00:31:00,281 --> 00:31:04,763
And you know, looking back?
He and Eli might have been lovers.
545
00:31:07,270 --> 00:31:09,951
According to Immigration,
Eli Madison flew back from Europe...
546
00:31:10,013 --> 00:31:12,625
two weeks before he testified in the civil suit.
547
00:31:12,689 --> 00:31:16,440
He then flew back to Europe the
day after the case was dismissed.
548
00:31:16,502 --> 00:31:18,577
He beat the rap on that one too.
549
00:31:18,641 --> 00:31:22,496
His friend Dwayne Evans died
a week after Eli Madison
came back to the States.
550
00:31:22,554 --> 00:31:26,511
That was an accident.
Evans was hiking in
the backcountry near Taos.
551
00:31:26,568 --> 00:31:30,149
Some day-trippers found his body
at the base of the cliff.
552
00:31:30,213 --> 00:31:32,722
You think Madison was involved somehow?
553
00:31:32,788 --> 00:31:37,042
When he called Diane Wharsey to talk
about it, he told her he was in Europe,
but he couldn't have been.
554
00:31:37,102 --> 00:31:40,113
He was already here.
She misremembers
the conversation.
555
00:31:40,179 --> 00:31:42,791
Why would he kill
his alibi witness?
556
00:31:42,855 --> 00:31:44,861
Diane said that Dwayne was unstable.
557
00:31:44,928 --> 00:31:48,851
Maybe Eli was worried about how
he would hold up at the civil trial.
558
00:31:48,908 --> 00:31:50,914
If Dwayne flip-flopped in court,
559
00:31:50,981 --> 00:31:53,935
Eli might lose the wrongful death suit.
560
00:31:53,991 --> 00:31:56,341
Criminal trial wouldn't be far behind.
561
00:31:56,399 --> 00:32:00,915
If you can put Eli Madison in Taos
at the time of Dwayne Evans's death,
562
00:32:00,980 --> 00:32:05,998
we might be able to persuade
the New Mexico medical examiner
to have Evans‘s body exhumed.
563
00:32:08,639 --> 00:32:12,060
Eleven airlines flew into Albuquerque
during that time period.
564
00:32:12,117 --> 00:32:16,131
Checking first class for those weeks.
565
00:32:16,197 --> 00:32:18,341
No Eli Madison on any of them.
566
00:32:18,404 --> 00:32:21,016
I can check coach too.
That's gonna take some time.
567
00:32:21,080 --> 00:32:23,761
Yeah, well, you might as well.
568
00:32:23,823 --> 00:32:27,780
Maybe he drove to Taos
from Phoenix or L.A. or Las Vegas.
569
00:32:27,836 --> 00:32:30,448
The needle in a haystack.
What about the family jet?
570
00:32:30,511 --> 00:32:33,327
Isn't there a small airport in Santa Fe?
I checked that already.
571
00:32:33,388 --> 00:32:35,896
The Madison Gulf stream
was in St. Bart's that month.
572
00:32:35,962 --> 00:32:38,471
See what you can come up with.
I'll come back later.
573
00:32:38,537 --> 00:32:42,049
If you can't find anything into
Albuquerque, expand your search.
574
00:32:43,855 --> 00:32:46,637
Wait a minute.
575
00:32:46,698 --> 00:32:48,808
Try Jennifer Shelby.
576
00:32:55,761 --> 00:32:58,749
A Jennifer Shelby flew into
Albuquerque, New Mexico...
577
00:32:58,804 --> 00:33:01,723
three days before Dwayne Evans
had his accident.
578
00:33:01,781 --> 00:33:06,433
On the same day, Dwayne Evans
rented a car at the Albuquerque
airport and drove to Taos.
579
00:33:06,496 --> 00:33:09,678
He checked into the Casa Benitez
in the company of a woman...
580
00:33:09,740 --> 00:33:12,659
who matches the description
of Jennifer Shelby.
581
00:33:12,717 --> 00:33:14,963
Eli Madison.
582
00:33:15,024 --> 00:33:18,845
When the cops went to talk to her
about Dwayne‘s accident,
583
00:33:18,904 --> 00:33:22,051
she'd split, vanished into thin air.
584
00:33:22,114 --> 00:33:24,065
With Dwayne Evans dead,
585
00:33:24,121 --> 00:33:28,078
all that was available for either the
civil suit or a possible criminal case...
586
00:33:28,134 --> 00:33:30,780
was his deposition testimony.
587
00:33:30,843 --> 00:33:33,557
Which was Eli's alibi.
588
00:33:35,023 --> 00:33:38,341
Send pictures of Eli Madison
in and out of drag...
589
00:33:38,400 --> 00:33:40,316
to the Taos P.D.
590
00:33:40,374 --> 00:33:43,294
Ask them to do a photo array
for the people at the inn...
591
00:33:43,351 --> 00:33:46,532
and file charges... murder two...
for killing Caroline Madison.
592
00:33:46,594 --> 00:33:48,636
We still don't have the body.
593
00:33:48,701 --> 00:33:53,457
Last I looked, killing a witness
is evidence of the underlying crime.
594
00:33:53,517 --> 00:33:57,372
With all the other evidence,
it finally ought to be enough
to get an indictment.
595
00:33:57,430 --> 00:34:01,718
I'm gonna contact
the authorities in New Mexico,
have them exhume Dwayne Evans.
596
00:34:01,778 --> 00:34:04,789
They may want to file charges
of their own.
597
00:34:07,898 --> 00:34:10,407
At our request, the New Mexico authorities...
598
00:34:10,473 --> 00:34:13,221
exhumed and autopsied
the remains of Dwayne Evans.
599
00:34:13,282 --> 00:34:16,601
I compared D.N.A. from skin taken
from under Mr. Evans's fingernails.
600
00:34:16,660 --> 00:34:19,237
to court-ordered D.N.A.
taken from the defendant.
601
00:34:19,302 --> 00:34:22,587
- And what did you find?
- The D.N.A. matched at 10 regions.
602
00:34:22,646 --> 00:34:24,995
And from that, you're able to conclude...
603
00:34:25,054 --> 00:34:28,201
The skin under Dwayne Evans's
fingernails was Eli Madison's.
604
00:34:28,265 --> 00:34:31,378
Dr. Faruzzi, what method
did you use...
605
00:34:31,442 --> 00:34:34,453
to compare D.N.A.
from the several samples?
606
00:34:34,519 --> 00:34:36,834
P.C.R. analysis.
607
00:34:36,893 --> 00:34:40,908
You didn't use Restriction Fragment
Length Polymorphism analysis?
608
00:34:40,973 --> 00:34:43,721
R.F.L.P.? I didn't need to.
609
00:34:43,782 --> 00:34:46,736
Eight years ago, if Dwayne Evans‘s death...
610
00:34:46,792 --> 00:34:49,004
had not been ruled an accident,
611
00:34:49,066 --> 00:34:53,080
what method would the New Mexico
forensic scientists have used?
612
00:34:53,147 --> 00:34:56,226
Eight years ago, R.F.L.P. analysis
was state-of-the-art.
613
00:34:56,290 --> 00:34:59,301
And now?
It's hardy used at all.
614
00:34:59,367 --> 00:35:02,617
There are much more efficient
and accurate methods of testing.
615
00:35:02,677 --> 00:35:06,224
- Such as?
- P.C.R. analysis.
616
00:35:07,293 --> 00:35:09,608
No further questions,
Your Honor.
617
00:35:13,012 --> 00:35:15,019
We were best friends.
618
00:35:16,724 --> 00:35:20,943
I needed to talk to someone.
But why go in disguise?
619
00:35:21,004 --> 00:35:24,516
Why visit Dwayne Evans as Jennifer Shelby?
To protect Dwayne's privacy.
620
00:35:24,584 --> 00:35:26,865
The police, the press wouldn't leave me alone.
621
00:35:26,924 --> 00:35:31,144
Everywhere I went, following me,
accusing me, taking pictures,
asking stupid questions!
622
00:35:31,205 --> 00:35:34,386
Can you explain how your skin
got under Dwayne's fingernails?
623
00:35:34,449 --> 00:35:36,799
Yes.
624
00:35:36,857 --> 00:35:39,138
We were lovers.
625
00:35:39,198 --> 00:35:41,878
Did you go hiking with Dwayne that day?
No.
626
00:35:41,940 --> 00:35:45,761
Ah. So tell us what happened.
We made love early that morning.
627
00:35:45,819 --> 00:35:49,708
And then Dwayne left to go hiking
in the Rio Grande gorge.
628
00:35:49,766 --> 00:35:52,754
He was supposed to come back by noon.
629
00:35:52,809 --> 00:35:55,421
He didn't come back.
630
00:35:55,484 --> 00:35:58,061
By 4:00, I was worried sick.
631
00:35:58,126 --> 00:36:01,981
By 6:00 I was panic-stricken,
and by 9:00 I knew something
terrible had happened to him.
632
00:36:02,039 --> 00:36:04,685
Why didn't you call the police?
I panicked.
633
00:36:04,749 --> 00:36:09,675
Because of my wife's disappearance,
I knew they would have thought
I had some thing to do with it.
634
00:36:09,732 --> 00:36:13,210
Dwayne had taken the rental car.
I was stranded; I didn't know what to do.
635
00:36:13,277 --> 00:36:16,960
The next morning I caught an early bus
to Colorado Springs and flew home.
636
00:36:17,023 --> 00:36:20,843
So you didn't have anything to do
with Dwayne's accident?
637
00:36:20,902 --> 00:36:23,650
Of course not.
638
00:36:23,711 --> 00:36:26,722
I loved him more than anyone.
639
00:36:28,393 --> 00:36:31,506
I'm sorry I wasn't there that day.
640
00:36:31,570 --> 00:36:34,250
Maybe I could've helped him.
641
00:36:52,974 --> 00:36:56,691
You say you could have helped him
You don't do well under pressure.
642
00:36:56,753 --> 00:36:59,706
Do you, Mr. Madison?
I don't know what you mean.
643
00:36:59,762 --> 00:37:02,271
Your fiiend Dwayne doesn't come back from a hike.
644
00:37:02,337 --> 00:37:05,815
You don't call the police, park rangers, E.M.S.
645
00:37:05,882 --> 00:37:08,893
I explained why I didn’t do any of that.
I was under a cloud.
646
00:37:08,960 --> 00:37:12,244
Isn 't it true that when
your wife Caroline disappeared,
647
00:37:12,304 --> 00:37:14,881
it took you three clays to report her missing?
648
00:37:14,946 --> 00:37:17,991
I was away with Dwayne.
I didn't even know she was gone.
649
00:37:19,461 --> 00:37:24,113
Of course, Dwayne's not here
to corroborate your story.
650
00:37:24,176 --> 00:37:26,161
- Objection!
- Sustained
651
00:37:26,216 --> 00:37:30,368
Withdrawn. You didn't call the
police for your friend Dwayne.
652
00:37:30,430 --> 00:37:35,390
It took you three clays to call the police
about your wife's disappearance.
653
00:37:35,446 --> 00:37:40,099
Mr. Madison, did you call the police
when your friend Roger Barry died?
654
00:37:40,162 --> 00:37:42,238
Approach, Your Honor.
655
00:37:46,584 --> 00:37:49,298
Your Honor, Mr. McCoy is attempting
to introduce into evidence...
656
00:37:49,359 --> 00:37:52,506
facts relating to charges that my
client was recently acquitted of.
657
00:37:52,569 --> 00:37:57,758
- I read the papers, Mr. Archer.
- I'm trying to establish a pattern
of behavior on Mr. Madison's part.
658
00:37:57,820 --> 00:38:01,207
Some of his behavior may be
considered bizarre or inappropriate,
659
00:38:01,265 --> 00:38:03,581
but not admissible.
660
00:38:03,640 --> 00:38:08,258
Inappropriate? He admitted cutting
Mr. Barry's body into pieces when he died.
661
00:38:08,321 --> 00:38:12,609
Some of the facts, out of context,
may be so gruesome, Your Honor,
as to be prejudicial.
662
00:38:12,669 --> 00:38:14,620
I agree, Mr. Archer.
663
00:38:14,675 --> 00:38:17,595
You may question the defendant about
his failure to notify the authorities,
664
00:38:17,652 --> 00:38:21,073
but not about what he did subsequently.
665
00:38:21,130 --> 00:38:23,513
So, Mr. Madison,
666
00:38:23,571 --> 00:38:27,255
did you call the police
when your friend Roger Barry died?
667
00:38:27,317 --> 00:38:31,605
No.
What were the circumstances of his death?
668
00:38:31,665 --> 00:38:34,778
- He had a heart attack.
- A heart attack? Are you a doctor?
669
00:38:35,811 --> 00:38:38,388
- No.
- Did you call an ambulance?
670
00:38:38,453 --> 00:38:40,495
No.
Why not?
671
00:38:40,560 --> 00:38:43,811
I thought I might be blamed
for what happened to him.
672
00:38:43,872 --> 00:38:46,484
Just as you thought you might be blamed
for your friend Dwayne Evans's accident.
673
00:38:46,547 --> 00:38:48,532
Yes.
674
00:38:48,587 --> 00:38:51,973
Just as you thought you mightbe blamed
for the disappearance of your wife, Caroline.
675
00:38:52,032 --> 00:38:54,540
- Yes.
- Blamed...
676
00:38:54,606 --> 00:38:58,563
for a disappearance,
an accident and a heart attack.
677
00:38:58,620 --> 00:39:01,003
The police, they were out to get me!
678
00:39:01,061 --> 00:39:03,547
With three dead bodies,
can you blame them?
679
00:39:03,603 --> 00:39:06,888
Objection!
Withdrawn.
680
00:39:06,948 --> 00:39:09,297
No further questions,
Your Honor.
681
00:39:09,355 --> 00:39:12,035
In that case, Your Honor,
the defense rests.
682
00:39:12,097 --> 00:39:15,142
The People wish to call
a rebuttal witness, Your Honor.
683
00:39:19,053 --> 00:39:21,870
Mr. Evans was staying
at our bed and breakfast...
684
00:39:21,930 --> 00:39:24,918
when he had his hiking accident.
685
00:39:24,973 --> 00:39:28,292
- I remember him very well
- That was eight years ago.
686
00:39:28,351 --> 00:39:32,274
We never had a guest die
before... or since.
687
00:39:32,331 --> 00:39:35,250
You don't forget something
like that, believe me.
688
00:39:35,308 --> 00:39:39,059
- Was he alone?
- He was with a woman. They checked in together.
689
00:39:39,119 --> 00:39:41,834
Do you see that individual in the courtroom?
690
00:39:41,896 --> 00:39:45,248
Yes, sort of.
691
00:39:45,307 --> 00:39:47,257
The defendant.
692
00:39:50,290 --> 00:39:53,506
You said Mr. Evans was with a woman.
693
00:39:53,567 --> 00:39:56,076
The police showed me some pictures,
and I recognized her.
694
00:39:56,142 --> 00:39:59,758
Then they showed me some pictures
without her wig, and it was him.
695
00:39:59,821 --> 00:40:02,170
The defendant?
Yes.
696
00:40:02,229 --> 00:40:05,149
Did you see Mr. Evans
on the day he had his accident?
697
00:40:05,205 --> 00:40:07,885
I was up early fixing breakfast
for the guests.
698
00:40:07,947 --> 00:40:11,904
I heard a car start up.
I looked out the window,
and I saw Mr. Evans drive off.
699
00:40:11,961 --> 00:40:16,613
- Was he alone?
- There was someone in the car with him
on the passenger side.
700
00:40:16,676 --> 00:40:20,029
Could you see who it was?
It was too dark.
701
00:40:20,087 --> 00:40:23,942
Did you see the defendant, Miss Shelby,
as you knew her...
702
00:40:24,000 --> 00:40:25,951
at any time that day?
703
00:40:26,007 --> 00:40:30,591
A little after noon, I saw her get out
of a car out at the road...
704
00:40:30,655 --> 00:40:33,872
and walk down the driveway
of the hotel to her room.
705
00:40:33,933 --> 00:40:36,009
How did she look?
706
00:40:36,074 --> 00:40:40,830
She looked hot, tired...
and very dusty.
707
00:40:40,890 --> 00:40:42,840
Did you see her again?
708
00:40:42,896 --> 00:40:46,819
No, the next morning I went
to change the sheets in their room,
and she was gone.
709
00:40:46,875 --> 00:40:50,160
His stuff was still in the room
but not hers.
710
00:40:50,220 --> 00:40:52,330
And then the police came.
711
00:40:52,394 --> 00:40:54,880
They discovered Mr. Evans's body.
712
00:41:05,938 --> 00:41:09,622
Have you reached a verdict in the death of Caroline Madison?
We have.
713
00:41:09,684 --> 00:41:12,831
On the sole count of the indictment
murder in the second degree,
714
00:41:12,894 --> 00:41:15,780
how do you find the defendant, Eli Madison?
715
00:41:15,838 --> 00:41:18,450
We find the defendant guilty.
716
00:41:32,124 --> 00:41:34,770
A homicide conviction without a body.
717
00:41:34,833 --> 00:41:38,449
That's the prosecutor's quadruple jump.
718
00:41:38,512 --> 00:41:41,864
- I'm not gloating.
- Ah, go ahead. You're entitled.
719
00:41:43,595 --> 00:41:47,347
Guess justice isn't always for sale.
720
00:41:47,408 --> 00:41:49,415
Not today anyway.