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NARRATOR:
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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We don't serve
quiche, young miss.
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I hate quiche.
Do you have any coffee?
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Yes. I'll even charge you $3.75 if
it'll make you feel more at home.
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I appreciate that, but no special
treatment required, or foam.
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Just lots of sugar.
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Black's fine.
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What language is that?
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Advanced Chemistry,
but it might as well be Greek.
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Yeah, my boy took that.
Now he's, uh, washing dishes.
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(CELL PHONE RINGS)
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I'm already here. The
question is, where are you?
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Okay.
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Stood you up, huh?
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How much?
Oh, coffee's free.
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Conversation's a buck.
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Thanks.
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Anybody need a refill?
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WOMAN: Hmm, yes, please.
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(TIRES SQUEALING)
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(WOMAN SCREAMS)
(COLLISION)
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(CAR SPEEDING AWAY)
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You see here, how this starts
out dark and gets lighter?
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That's made by a tire
spinning under acceleration.
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So you're saying some dude was just
waiting for her to hit his crosshairs?
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Ready, aim, fire.
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Detectives,
got a witness over there.
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Cabbie stopped at a red light,
he saw the whole thing.
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The girl came out
of that diner over there.
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You want to take the diner?
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Yeah, I could use
a cup of coffee.
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So?
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She seemed like a nice kid.
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You knew her?
No.
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She left 2 bucks on a dollar cup of
coffee, which she didn't even touch.
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Doesn't say much
for your coffee.
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Well, she was supposed
to meet somebody.
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Did you get an idea who?
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No, but I overheard her on her cell phone.
I couldn't catch a name.
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Okay, thanks.
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MIGDAL: My guess, back's
broken, skull's crushed.
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She was definitely DOA.
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She doesn't look more than 18.
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Emily Milius, 17 next month.
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This might have been her cell.
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Well, I guess star-69's
out of the question.
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You can still order LUDS.
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Gee, we should have gone
to medical school.
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Anyway, our guy was driving a Saturn.
Green, maybe blue.
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Emily went to
Rockingham Day School.
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It's a private girls' school
down on Park Avenue.
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What the hell was she doing
all the way up here?
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You mean other than
being a crash dummy?
Ripped By mstoll
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(WOMAN GASPS)
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No!
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Mrs. Milius?
Can I get you some water?
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Maybe if you sat down
over here...
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Why did this happen?
How did this happen?
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Oh, my husband is gonna die.
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Can you think of any reason why your daughter
was up in Washington Heights last night?
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Washington Heights?
No. No. She was with Blair.
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She called me from there.
Gramercy Park.
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Was it a drunk?
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We're not sure yet.
Oh, this is not good.
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This is not good at all.
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When Ronald
comes home tonight...
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Oh, God, what a mess!
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Oh, Mrs. Milius, we're gonna get
somebody to take you home, okay?
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(SOBBING) Yeah.
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ALSTON: I wonder,
should we close the school?
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That would be up to you. The City
does provide grief counselors.
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Yes. Well, naturally, we'll
take care of that ourselves.
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How can I help?
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We were wondering if Emily
had a friend named Blair.
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Blair Silverman.
Yes, they were very close.
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Why do you ask? I thought
this was a hit and run.
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Well, we have to cover
all the bases.
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ALSTON: Surely, you don't think
this was done on purpose.
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We don't know yet.
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Well, I do.
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Rockingham is one of the
finest schools in the city.
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And Emily wasn't just popular,
she was gifted, generous.
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No offense, ma'am, but I don't think
she was uptown handing out turkeys.
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I know what you're insinuating.
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Emily was the captain
of our lacrosse team.
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Her biggest problem was deciding
between Yale and Harvard.
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There is no way
she was on drugs.
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ED: Of course not.
Her friend, Blair Silverman?
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We were wondering
if we could talk to her.
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Of course.
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Emily's mom said you
two were pretty tight.
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Like sisters.
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Caroline, I mean, Mrs. Milius,
was my second mom.
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So you and Emily were out
together last night?
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I've been grounded
for the past six weeks
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for staying out all night
at a rave.
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Mom number one didn't like it.
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ED: Ecstasy, huh?
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What's going on?
Are you two narcs?
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We're just wondering why Emily would tell
her mom she was with you in Gramercy Park
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when she was up on 187th street.
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Look, we did E maybe twice.
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It's not like we're druggies
or anything.
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It's actually perfectly age-appropriate.
Ask any shrink.
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Anyway, if Emily wanted to
score, there were other ways.
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BRISCOE: For instance?
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Maddi Donlou.
You know, one of our tokens.
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Poor people.
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She lives uptown someplace.
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I really liked Emily,
respected her.
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We were friends, I mean...
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It's just that she wasn't doing
so well in Advanced Chemistry.
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She asked me to help.
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It's a long way to go for some lab notes.
I'm not buying it.
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If you didn't want your dad to know
that you're about to fail, you would.
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Her father's some kind of bigwig
at a pharmaceutical company.
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She was supposed to walk
in his shoes.
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What about boyfriends?
Was she seeing anybody?
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Todd Block.
He's at Stanford.
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Stanford? That must've
made her dad smile.
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She wished.
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Mr. Milius wouldn't even let Emily
see Todd over Thanksgiving.
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I really...
I have to go.
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ED: Okay, thank you.
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Emily was smart, rich, pretty.
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Getting dumped by a girl like
that would sure piss me off.
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Well, let's go see the mom, see if
she's in a more talkative mood.
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In other words,
you have nothing.
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It's a drunk driver, Ronald.
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It's not like they're
gonna find fingerprints.
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Your wife has a point, sir.
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MR. MILIUS: Do we actually
know it was a drunk driver?
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Okay, hit and run,
what's the difference?
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There's a difference!
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I'm sorry.
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This whole thing,
you can't imagine.
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BRISCOE: Actually, I can.
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You don't know who to
be mad at, do you?
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Uh, if you don't mind, we'd
like to ask you some questions
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about Emily's boyfriend.
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She doesn't have one.
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What does that have
to do with anything?
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You don't think
this was an accident?
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There is some evidence
that it might not be.
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Oh, my God.
ED: Somebody named Todd?
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No. There's no way
Todd would hurt her.
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Mr. Milius, we heard that
you didn't care for him.
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She was only 17.
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What was he doing with her?
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I ain't saying he killed her, but there
was something off about that guy.
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Off, how?
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It was like he wanted it
to be a drunk driver.
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You checked the boyfriend out?
(CELL PHONE RINGS)
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He hasn't been on a plane
since the semester started.
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I think you're way off base.
Briscoe.
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Sure. Where?
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Half an hour. Hey, maybe
not that far off base.
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Ronald Milius wants to
talk with us privately.
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MR. MILIUS: It's just that
Caroline would never understand.
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I'm not sure we do, either.
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I'm the CFO of a Fortune
500 corporation.
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I personally audited
the books of my company,
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Frasier & Frasier
Pharmaceuticals.
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Which is just two baby steps
away from bankruptcy.
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Because of you?
No.
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The CEO and the rest
of his foursome,
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they're being investigated
for illegally pocketing
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hundreds of millions of dollars.
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And you have evidence
incriminating them?
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The Feds promised me if I cooperated,
my name would be kept out of it.
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Do you think they killed
Emily to shut you up?
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You're the ones that said
it wasn't an accident.
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Who else would want to hurt her?
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I shouldn't even
be talking to you.
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Mr. Milius,
we're not done.
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You'd think if they
wanted to keep him quiet,
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he'd be the one facing the
front end of a Saturn.
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It's too obvious.
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He still has his wife
to worry about.
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Yeah.
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Okay, good. Do me a favor,
send that over to Forensics.
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All right, thanks.
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Parking Violations, they just
found an abandoned green Saturn.
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Let me guess, there's a
dent in the front end.
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ED:
Tell me something good, Borak.
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My kid got a B+ in Spanish.
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Oh, you mean about the car.
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That's an A.
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Fibers from the grill matched
fibers from your girl's sweater.
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Prints? More than you
can shake a stick at.
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ED: Hey, life is good.
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Life is great.
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Car's registered to a Diane
Payton, 237 East 13th Street.
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MRS. PAYTON: Emily Milius?
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00:09:53,447 --> 00:09:55,435
No, I don't think I know her.
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And you weren't up in
Washington Heights last night?
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I work in a greeting card
store in the Village.
202
00:10:01,778 --> 00:10:04,437
That'd be over an hour on the
subway during rush hour.
203
00:10:04,510 --> 00:10:05,999
Not if you had a car.
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00:10:06,076 --> 00:10:07,075
Two hours, then.
205
00:10:07,143 --> 00:10:09,404
Well, your car's a green
Saturn, isn't it, Mrs. Payton?
206
00:10:09,476 --> 00:10:10,874
Oh, my God. There's
been an accident?
207
00:10:10,942 --> 00:10:12,373
Please don't tell me
Danny was hurt.
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00:10:12,441 --> 00:10:13,440
Danny?
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00:10:13,508 --> 00:10:15,904
My son. He's had the car
the last couple of days.
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00:10:15,973 --> 00:10:17,269
Oh, my God.
He's hurt.
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00:10:17,340 --> 00:10:18,532
No, no.
212
00:10:18,606 --> 00:10:20,969
We think he may have
witnessed a hit and run.
213
00:10:21,039 --> 00:10:24,266
Uh, if you could give us his
address, we'd like to talk to him.
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00:10:24,371 --> 00:10:26,132
Oh, okay.
215
00:10:27,003 --> 00:10:28,002
(KNOCKING)
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00:10:28,169 --> 00:10:29,533
Mr. Payton.
217
00:10:31,036 --> 00:10:32,933
Danny Payton, police.
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00:10:33,001 --> 00:10:34,193
Do it.
219
00:10:38,500 --> 00:10:39,760
If you don't mind.
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00:10:39,833 --> 00:10:42,424
Who is this guy,
Frosty the Snowman?
221
00:10:43,932 --> 00:10:44,930
Ed!
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00:10:47,297 --> 00:10:49,489
He's Frosty, all right.
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ED: All the windows in this
guy's apartment were wide open.
224
00:11:00,959 --> 00:11:02,255
So he liked fresh air.
225
00:11:02,326 --> 00:11:05,848
That, or we're dealing with somebody
with experience in the Forensic arts.
226
00:11:05,925 --> 00:11:08,947
The M.E. Couldn't use body temp
to approximate the time of death.
227
00:11:09,024 --> 00:11:10,022
Murder weapon?
228
00:11:10,090 --> 00:11:12,419
We found a carving knife
in the dish rack.
229
00:11:12,489 --> 00:11:14,579
Well, at least our
bad guy's tidy.
230
00:11:14,655 --> 00:11:16,780
Danny Payton's prints
were all over that car.
231
00:11:16,854 --> 00:11:19,319
You're thinking Danny
was hired to hit Emily Milius?
232
00:11:19,387 --> 00:11:21,978
And whoever hired him, decided
he was no longer useful
233
00:11:22,053 --> 00:11:23,915
to Frasier & Frasier
Pharmaceuticals.
234
00:11:24,119 --> 00:11:25,812
Is there proof of any of this?
235
00:11:25,885 --> 00:11:27,214
Danny didn't have a record.
236
00:11:27,285 --> 00:11:29,772
Yeah, we'd check his LUDS, but
he didn't have a phone, either.
237
00:11:29,850 --> 00:11:33,077
He certainly doesn't sound like
someone I'd hire for a hit.
238
00:11:33,383 --> 00:11:34,541
Talk to people who knew him.
239
00:11:34,615 --> 00:11:36,580
His super said
he never got any visitors.
240
00:11:36,648 --> 00:11:40,205
Well, maybe his mother kept
tabs on his social schedule.
241
00:11:41,580 --> 00:11:45,409
After the morgue, I didn't know
what to do, so I went to work.
242
00:11:47,212 --> 00:11:49,177
Mr. Lawson sent me home.
243
00:11:50,544 --> 00:11:51,873
Who would...
244
00:11:52,377 --> 00:11:56,138
We thought if you could tell us the
names of some of his friends...
245
00:11:56,242 --> 00:11:57,400
I don't know.
246
00:11:58,542 --> 00:12:00,030
I mean, Danny,
247
00:12:01,807 --> 00:12:03,773
he was, kind of, a loner.
248
00:12:06,239 --> 00:12:09,033
This is my fault.
I didn't like to pry.
249
00:12:09,871 --> 00:12:12,961
We had breakfast
yesterday before work.
250
00:12:14,437 --> 00:12:17,095
Since Danny's dad left us...
251
00:12:17,169 --> 00:12:18,794
When was that?
252
00:12:18,868 --> 00:12:20,390
MRS. PAYTON:
When Danny was 12.
253
00:12:20,901 --> 00:12:24,764
Every week we've had
at least one meal together.
254
00:12:27,299 --> 00:12:29,957
If he was in trouble,
I should have known.
255
00:12:30,031 --> 00:12:32,088
He should have been able
to talk to me.
256
00:12:32,197 --> 00:12:33,719
I don't think
it would have mattered.
257
00:12:33,797 --> 00:12:37,058
I don't make much money,
but if he owed someone...
258
00:12:37,129 --> 00:12:39,855
ED: What makes you think
that he was in debt?
259
00:12:41,095 --> 00:12:44,254
Twenty-one-years-old and
still making minimum wage.
260
00:12:49,658 --> 00:12:51,180
CHUCK: As far as I know,
there's no law
261
00:12:51,258 --> 00:12:52,816
that says I have to
employ crack addicts.
262
00:12:52,857 --> 00:12:53,948
You're sure he was on the stuff?
263
00:12:54,024 --> 00:12:56,545
Man, crack, uppers, downers,
what do I know?
264
00:12:56,623 --> 00:12:57,884
You know,
he should have been smarter
265
00:12:57,956 --> 00:13:00,477
than to do that stuff in front
of my place of business, here.
266
00:13:00,555 --> 00:13:02,111
Hey, Cazzie, give me that.
I'll tell you something.
267
00:13:02,188 --> 00:13:04,086
I thought the guy
was gonna work out, too.
268
00:13:04,154 --> 00:13:06,745
You know, he's kind of nice,
polite, worked his butt off.
269
00:13:06,820 --> 00:13:09,183
Then one day he's, like,
whacked out of his skull.
270
00:13:09,253 --> 00:13:11,945
He scared two of my customers out of here
before they even got out of the car.
271
00:13:12,018 --> 00:13:14,915
But when he was sober, did
he ever mention any friends?
272
00:13:14,984 --> 00:13:16,472
No. We never got
that close, sir.
273
00:13:16,550 --> 00:13:19,379
Cazzie... Excuse me.
Cazzie, what is this?
274
00:13:20,016 --> 00:13:22,446
You got a habit to feed
but you're busted.
275
00:13:22,515 --> 00:13:26,537
All you have to do is run down this anonymous
girl and you're back on cloud nine.
276
00:13:26,614 --> 00:13:28,704
Maybe the M.E.'s got something
by now.
277
00:13:28,780 --> 00:13:33,211
Seven stab wounds,
most likely made by this.
278
00:13:34,111 --> 00:13:36,269
No defensive wounds.
Nothing under his nails.
279
00:13:36,344 --> 00:13:38,242
Nobody just lies there
and takes it.
280
00:13:38,311 --> 00:13:39,503
Somebody sleeping would.
281
00:13:39,576 --> 00:13:41,132
Or somebody stoned
out of his mind.
282
00:13:41,209 --> 00:13:43,140
No, not this guy.
283
00:13:43,208 --> 00:13:45,537
Tox screen was negative.
284
00:13:46,308 --> 00:13:49,034
I don't know. This many stab wounds
usually means a crime of passion.
285
00:13:49,106 --> 00:13:51,197
Or somebody wanted it
to look that way.
286
00:13:51,273 --> 00:13:52,465
No, I don't think so.
287
00:13:52,872 --> 00:13:56,201
These two are superficial. What
we call hesitation wounds.
288
00:13:56,937 --> 00:13:58,596
Not only was your
bad guy not a pro,
289
00:13:58,671 --> 00:14:01,034
he wasn't sure he wanted to
do what he was about to do.
290
00:14:01,103 --> 00:14:02,795
Well, he eventually
made up his mind.
291
00:14:02,869 --> 00:14:03,868
ED: Is this his?
292
00:14:03,935 --> 00:14:05,696
Yeah. It's on its
way up to Forensics.
293
00:14:05,768 --> 00:14:07,859
This is a
self-winding watch.
294
00:14:07,934 --> 00:14:09,694
And it stopped
at 5:00 p.m. Yesterday.
295
00:14:09,767 --> 00:14:13,255
I doubt if he was swinging his arm
up and down, being that he was dead.
296
00:14:13,365 --> 00:14:16,195
That's right, but these watches
run 18 hours, more or less,
297
00:14:16,265 --> 00:14:18,855
without movement, meaning
that the time of death
298
00:14:18,930 --> 00:14:20,793
would have been 11:00
the night before.
299
00:14:20,864 --> 00:14:24,954
Makes it pretty tough for him to be
eating scrambled eggs with Mom yesterday.
300
00:14:26,595 --> 00:14:28,856
We're following up
on a few leads.
301
00:14:28,927 --> 00:14:29,950
Who?
302
00:14:30,028 --> 00:14:34,254
I'm sorry. I can't disclose that information
right now. I'm sure you understand.
303
00:14:35,326 --> 00:14:39,018
You know what I understand?
I understand grief.
304
00:14:40,224 --> 00:14:43,587
You have to tell me. Is this
because of Ronald's company?
305
00:14:44,189 --> 00:14:46,518
Yes, I know all about it.
He told me.
306
00:14:46,589 --> 00:14:49,917
We're just not sure yet, Mrs.
Milius.
307
00:14:57,085 --> 00:14:59,209
What's going on?
Who is she?
308
00:15:01,784 --> 00:15:03,976
She killed my baby, didn't she?
309
00:15:06,516 --> 00:15:08,640
I thought you said
Danny was just a witness.
310
00:15:08,715 --> 00:15:10,680
Things may have changed.
311
00:15:11,214 --> 00:15:13,736
He didn't even know that girl.
Why would he kill her?
312
00:15:13,813 --> 00:15:17,006
Why do people kill?
Love. Money. Both.
313
00:15:17,612 --> 00:15:18,941
I would've given him money.
314
00:15:19,012 --> 00:15:23,205
No offense, but I think he was looking for
a lot more than you had lying around.
315
00:15:23,278 --> 00:15:26,175
ED: What we think happened,
Mrs. Payton, is that
316
00:15:26,277 --> 00:15:30,072
Danny was hired to kill Emily
Milius and whoever hired him
317
00:15:30,142 --> 00:15:32,578
wanted to make sure that he didn't
tell anybody about the deal.
318
00:15:32,907 --> 00:15:34,895
That's crazy.
You don't know Danny.
319
00:15:34,973 --> 00:15:36,370
But you did.
320
00:15:36,606 --> 00:15:37,799
Better than anyone.
321
00:15:37,872 --> 00:15:41,065
That's right, he told you everything
at your weekly breakfasts.
322
00:15:41,138 --> 00:15:42,137
That's right.
323
00:15:42,205 --> 00:15:44,897
Only we happen to know you
didn't have breakfast with Danny
324
00:15:44,970 --> 00:15:47,527
the morning
after Emily was murdered.
325
00:15:47,637 --> 00:15:50,602
Mrs. Payton, if you lie to us,
we can't help you.
326
00:15:52,002 --> 00:15:53,558
Maybe I got my day wrong.
327
00:15:53,635 --> 00:15:56,156
Yeah,
and maybe I'll run for Pope.
328
00:15:58,699 --> 00:16:00,164
You think I killed him?
329
00:16:00,232 --> 00:16:02,459
Five-to-ten,
you know what did happen.
330
00:16:02,531 --> 00:16:04,019
You had a key to his apartment.
331
00:16:04,597 --> 00:16:06,756
I was his mother. BRISCOE:
And maybe that explains
332
00:16:06,830 --> 00:16:09,886
your prints on the towel rack
right near the murder weapon.
333
00:16:09,962 --> 00:16:11,053
What's going on here?
334
00:16:11,129 --> 00:16:13,321
Just having a little tête-à-tête with Mrs.
Payton here.
335
00:16:13,395 --> 00:16:15,587
Is she accused of something?
Not yet.
336
00:16:15,661 --> 00:16:18,092
We don't treat people like this.
337
00:16:19,426 --> 00:16:21,323
I'm sorry,
Mrs. Payton.
338
00:16:22,292 --> 00:16:24,519
Can I get you a cup of coffee?
339
00:16:25,625 --> 00:16:29,249
Detective Green, would you please escort
Mrs. Payton to Interview Room One?
340
00:16:29,323 --> 00:16:30,982
You'll be a lot more
comfortable there.
341
00:16:31,056 --> 00:16:33,351
Are you hungry, Mrs. Payton?
There's a deli around the corner.
342
00:16:33,421 --> 00:16:35,512
I can get you a hot pastrami.
That's enough.
343
00:16:35,588 --> 00:16:37,076
I really have no idea
what he's talking about.
344
00:16:37,154 --> 00:16:38,551
Of course.
345
00:16:41,620 --> 00:16:43,108
Did she ask for a lawyer?
346
00:16:43,186 --> 00:16:45,742
Why would an innocent
woman need one?
347
00:16:46,417 --> 00:16:48,076
Give me 30 minutes.
348
00:16:51,049 --> 00:16:54,844
Again, I apologize
for my detectives.
349
00:16:56,115 --> 00:16:57,546
They're just doing their job.
350
00:16:57,615 --> 00:17:01,568
Well, their job description
doesn't include rude behavior.
351
00:17:03,546 --> 00:17:07,375
I know how difficult this must be, Mrs.
Payton. I have kids.
352
00:17:08,278 --> 00:17:11,538
How you get up in the morning
after losing a child,
353
00:17:11,610 --> 00:17:13,269
I just don't know.
354
00:17:14,142 --> 00:17:16,107
And the way it happened...
355
00:17:17,975 --> 00:17:20,963
When my Ric was six years old,
356
00:17:21,840 --> 00:17:23,930
they thought
he might have scoliosis.
357
00:17:24,006 --> 00:17:26,301
That would mean spinal surgery,
358
00:17:26,372 --> 00:17:29,768
a year in a full body cast,
sitting in waiting rooms,
359
00:17:29,837 --> 00:17:31,666
waiting for test
results, I thought,
360
00:17:32,337 --> 00:17:35,166
"How am I going to
get through this?"
361
00:17:36,402 --> 00:17:38,697
Is he okay?
Knock on wood.
362
00:17:40,701 --> 00:17:42,189
How old is he?
363
00:17:42,434 --> 00:17:43,694
Thirteen.
364
00:17:43,933 --> 00:17:45,364
That's nice.
365
00:17:46,665 --> 00:17:48,290
Boys at 13.
366
00:17:49,598 --> 00:17:50,928
I remember.
367
00:17:51,297 --> 00:17:53,319
I swear our mothers
had it easier,
368
00:17:53,396 --> 00:17:57,021
what with the drugs today
and violence in the schools.
369
00:17:57,495 --> 00:18:00,426
No one ever said
it was supposed to be easy.
370
00:18:00,494 --> 00:18:03,119
No time off.
No vacations.
371
00:18:07,226 --> 00:18:09,783
There's just got to be a point
372
00:18:11,058 --> 00:18:12,921
when it's their life
373
00:18:13,890 --> 00:18:16,685
and there's no place
for the mother... No.
374
00:18:18,755 --> 00:18:21,118
They are always your life.
375
00:18:23,621 --> 00:18:25,086
You're right.
376
00:18:26,653 --> 00:18:29,550
You're only as happy
as your unhappiest kid.
377
00:18:30,452 --> 00:18:33,883
What can I say, you have
great expectations.
378
00:18:33,951 --> 00:18:38,178
You start out with that, slowly
it turns into disappointment,
379
00:18:38,249 --> 00:18:42,374
and it's topped off with an
unbearable dose of guilt.
380
00:18:43,481 --> 00:18:44,479
(SIGHS)
381
00:18:47,646 --> 00:18:49,043
But what if...
382
00:18:54,178 --> 00:18:55,609
I can't...
383
00:18:58,776 --> 00:19:00,503
A mother shouldn't...
384
00:19:01,841 --> 00:19:03,000
What?
385
00:19:07,007 --> 00:19:09,665
A mother shouldn't
kill her baby.
386
00:19:11,172 --> 00:19:13,569
(SOBBING) I gave Danny life,
387
00:19:16,537 --> 00:19:18,503
and I took it away!
388
00:19:19,137 --> 00:19:20,261
(SOBBING)
389
00:19:29,400 --> 00:19:32,025
Docket number 61459.
390
00:19:32,133 --> 00:19:34,360
"People v. Diane Payton.
391
00:19:34,432 --> 00:19:36,488
"Murder in the Second Degree."
392
00:19:37,364 --> 00:19:39,454
Do I see defendant's counsel?
393
00:19:39,996 --> 00:19:42,655
No excuse for tardiness. I apologize
to the court, Your Honor.
394
00:19:42,729 --> 00:19:45,024
Hartley. Kay Hartley
for the defense, Your Honor.
395
00:19:45,095 --> 00:19:46,117
I'm sorry, Your Honor.
396
00:19:46,195 --> 00:19:49,126
Casual day at Wittman, Worth. I
wasn't expecting a court appearance.
397
00:19:49,194 --> 00:19:51,921
And your client pleads how,
Ms. Hartley?
398
00:19:55,392 --> 00:19:56,483
Not guilty.
399
00:19:56,724 --> 00:19:57,723
Question of bail?
400
00:19:57,791 --> 00:20:00,654
Remand, Your Honor. The defendant
brutally murdered her own son.
401
00:20:00,723 --> 00:20:02,188
Allegedly.
As I was saying,
402
00:20:02,256 --> 00:20:04,847
she confessed to murdering
her own child.
403
00:20:05,022 --> 00:20:07,852
And for that she gets remanded
without bail. Next.
404
00:20:07,922 --> 00:20:08,920
(GAVEL BANGS)
405
00:20:15,152 --> 00:20:17,084
Long time, Serena.
406
00:20:17,852 --> 00:20:19,112
You don't remember?
407
00:20:19,185 --> 00:20:22,082
You sat three seats
ahead of me in Contracts.
408
00:20:22,384 --> 00:20:24,747
Of course, you were probably
busy paying attention.
409
00:20:24,815 --> 00:20:27,440
Wittman, Worth? You must've been
paying attention to something.
410
00:20:27,515 --> 00:20:30,810
What can I say? They make us
do this pro bono stuff.
411
00:20:31,514 --> 00:20:33,376
The choices we make, huh?
412
00:20:33,680 --> 00:20:35,305
I don't know.
Anti-trust litigation
413
00:20:35,380 --> 00:20:37,572
never got my socks
rolling up and down.
414
00:20:37,646 --> 00:20:39,406
So you do remember?
415
00:20:39,611 --> 00:20:41,133
I read the alumni rag.
416
00:20:41,944 --> 00:20:43,806
So, can I buy you
a cup of coffee?
417
00:20:43,976 --> 00:20:46,134
I can pay for my own, thank you.
418
00:20:49,275 --> 00:20:52,263
Look up "snob" in your Webster
and you'll see her picture.
419
00:20:52,340 --> 00:20:55,017
Kay Hartley had one foot on Wall
Street from the first day of school.
420
00:20:55,040 --> 00:20:56,335
What's she doing here?
421
00:20:56,406 --> 00:20:57,803
It's Wittman, Worth pretending
they have a heart,
422
00:20:57,872 --> 00:21:00,564
justifying their fees
in case there's a Hell.
423
00:21:00,638 --> 00:21:02,995
Maybe that's a good thing,
considering we don't have anything
424
00:21:03,004 --> 00:21:04,300
even resembling a motive.
425
00:21:04,370 --> 00:21:05,892
We don't need a motive,
we have a confession.
426
00:21:05,969 --> 00:21:07,457
Believe me,
this will be a quickie.
427
00:21:09,269 --> 00:21:11,393
I thought this was going to be
me and you, Serena.
428
00:21:12,535 --> 00:21:14,363
Jack McCoy, Kay Hartley.
429
00:21:14,433 --> 00:21:17,364
Mr. McCoy is the Executive
Assistant District Attorney.
430
00:21:17,432 --> 00:21:19,091
Sorry to disappoint,
Ms. Hartley.
431
00:21:19,199 --> 00:21:20,630
No, no, that's fine.
432
00:21:20,698 --> 00:21:22,095
So, how does this work?
433
00:21:22,165 --> 00:21:23,824
Considering we have
a signed confession,
434
00:21:23,898 --> 00:21:26,590
it appears
you don't have any leverage.
435
00:21:27,196 --> 00:21:30,628
I can offer murder two with
a sentence recommendation.
436
00:21:31,595 --> 00:21:33,672
In the corporate world,
you know you have a good deal
437
00:21:33,694 --> 00:21:36,488
when both sides
walk away unhappy.
438
00:21:36,560 --> 00:21:38,116
Sure, I'm new
to this criminal stuff,
439
00:21:38,193 --> 00:21:40,885
but I think you're both
smiling just a bit too much.
440
00:21:40,958 --> 00:21:43,549
Be that as it may,
I can't go any lower.
441
00:21:44,057 --> 00:21:46,716
Well, maybe you'll reconsider
when the confession is tossed.
442
00:21:46,790 --> 00:21:47,846
JACK: Excuse me?
443
00:21:47,923 --> 00:21:50,945
Mrs. Payton doesn't remember
anyone reading her her rights.
444
00:21:51,222 --> 00:21:52,949
She wasn't being interrogated.
445
00:21:53,022 --> 00:21:54,078
Be that as it may,
446
00:21:54,188 --> 00:21:57,551
one of our first year associates
is drafting a motion as we speak.
447
00:21:58,953 --> 00:22:00,612
So much for quick.
448
00:22:03,485 --> 00:22:06,609
HARTLEY: The Miranda Court emphasized that
in order for a confession to be admissible
449
00:22:06,684 --> 00:22:09,615
against a defendant,
it must be voluntary.
450
00:22:09,683 --> 00:22:13,341
I think you can skip the primer on
coerced confessions, Counselor.
451
00:22:13,415 --> 00:22:14,937
Of course, Your Honor,
but when a lieutenant
452
00:22:15,015 --> 00:22:16,707
grills a suspect
for nearly an hour...
453
00:22:16,780 --> 00:22:19,711
Lieutenant Van Buren drank
coffee with the defendant,
454
00:22:19,779 --> 00:22:21,369
and they discussed
their children.
455
00:22:21,446 --> 00:22:24,275
I'm sure she wasn't there
for the cuisine, Mr. McCoy.
456
00:22:24,345 --> 00:22:26,140
There was a discrepancy
in a timeline
457
00:22:26,211 --> 00:22:29,972
that she had given the police concerning
a hit and run her son was involved in
458
00:22:30,043 --> 00:22:31,508
a few days earlier.
459
00:22:31,576 --> 00:22:34,200
Mrs. Payton
was never a suspect.
460
00:22:34,275 --> 00:22:35,831
The mere fact she was in
a police station...
461
00:22:35,908 --> 00:22:39,669
JUDGE: Is irrelevant. What controls
is whether the police knew
462
00:22:39,740 --> 00:22:44,296
or should have known that their
actions would lead to a confession.
463
00:22:44,439 --> 00:22:47,598
Read Rhode Island v. Innis if you
want back up on that, Ms. Hartley.
464
00:22:48,204 --> 00:22:51,691
If the police didn't consider Mrs.
Payton a suspect in the murder,
465
00:22:51,936 --> 00:22:54,231
they certainly couldn't
have expected a confession.
466
00:22:54,436 --> 00:22:57,128
But, Your Honor...
The confession is in.
467
00:23:04,433 --> 00:23:06,125
Hey, how's this for timing?
468
00:23:06,465 --> 00:23:07,828
Right, just a coincidence.
469
00:23:07,898 --> 00:23:10,295
Serena... Look, you already
had your chance at a deal.
470
00:23:10,364 --> 00:23:14,022
I'm not here to negotiate. I'm
here to ask a friend for a favor.
471
00:23:14,729 --> 00:23:17,194
Right, you lose your motion
and suddenly we're friends?
472
00:23:17,262 --> 00:23:19,159
I'm sorry, Kay, but I think
you're gonna have to slum it down
473
00:23:19,228 --> 00:23:20,524
on Centre Street
for a few weeks.
474
00:23:20,594 --> 00:23:22,583
I'm not slumming, Serena.
475
00:23:23,893 --> 00:23:27,984
Look, growing up, Danny Payton was special.
Everybody loved him.
476
00:23:28,092 --> 00:23:31,818
And then one day when he was
18, he woke up hearing voices.
477
00:23:31,891 --> 00:23:34,287
A lot of voices. Only nobody
else could hear them.
478
00:23:34,356 --> 00:23:36,151
Wait a minute. Are you
saying he was crazy?
479
00:23:36,256 --> 00:23:40,278
And he was violent, and he took it out
on the person who was closest to him.
480
00:23:41,088 --> 00:23:43,552
Especially after
my uncle ran off.
481
00:23:43,787 --> 00:23:45,082
Your uncle?
482
00:23:45,819 --> 00:23:47,478
Danny was my cousin.
483
00:23:47,552 --> 00:23:48,847
So this pro bono?
484
00:23:49,252 --> 00:23:51,444
Is really a leave of absence.
485
00:23:52,851 --> 00:23:54,817
Wow.
Look, I know my aunt.
486
00:23:54,883 --> 00:23:58,337
And I know how much she loved Danny.
And she wouldn't have...
487
00:23:58,416 --> 00:24:01,279
She couldn't have
unless he was hurting her.
488
00:24:01,348 --> 00:24:03,575
If you're gonna try and make this
a case for self-defense, Kay,
489
00:24:03,647 --> 00:24:05,737
I don't buy it.
He was asleep.
490
00:24:06,114 --> 00:24:07,636
She stabbed him
while he was sleeping.
491
00:24:07,713 --> 00:24:11,007
Serena, Danny flipped out and ran
over Emily Milius for no reason
492
00:24:11,078 --> 00:24:12,703
other than she was there.
493
00:24:14,844 --> 00:24:17,309
Do you have any proof
of this whatsoever?
494
00:24:18,909 --> 00:24:19,999
Well...
495
00:24:20,908 --> 00:24:22,965
Kay, as your new best friend,
if you don't have any proof,
496
00:24:23,041 --> 00:24:25,234
I would advise you
to resign as counsel
497
00:24:25,307 --> 00:24:26,795
and make yourself
a character witness.
498
00:24:26,873 --> 00:24:28,532
It's a tiny favor, Serena.
499
00:24:28,773 --> 00:24:31,966
Please. Help me get a look
at his medical records.
500
00:24:33,638 --> 00:24:36,603
ARTHUR: She wants us to get the
doctor-patient privilege waived?
501
00:24:36,671 --> 00:24:39,363
We're not supposed to make the
defense's case for them, Serena.
502
00:24:39,436 --> 00:24:40,799
Our job's to get a conviction.
503
00:24:40,869 --> 00:24:42,698
I thought it had something
to do with justice, Jack.
504
00:24:42,769 --> 00:24:46,790
I've got photos of seven stab wounds
that say that's exactly what this is.
505
00:24:46,867 --> 00:24:48,457
I don't understand, Serena.
506
00:24:48,533 --> 00:24:50,623
If Mrs. Payton
wants to assert self-defense,
507
00:24:50,699 --> 00:24:53,164
why doesn't she just waive her
son's doctor-patient privilege?
508
00:24:53,232 --> 00:24:55,220
Maybe she's too proud.
Maybe she's ashamed.
509
00:24:55,298 --> 00:24:58,593
Maybe she doesn't want the world to
know that her son was beating on her.
510
00:24:58,697 --> 00:25:00,628
That's a lot of maybes.
511
00:25:00,696 --> 00:25:02,321
I don't see
what the big deal is.
512
00:25:02,396 --> 00:25:04,361
We get Mrs. Payton removed
as administratrix,
513
00:25:04,428 --> 00:25:07,552
we talk to Danny's doctor
and we can find out for sure.
514
00:25:07,627 --> 00:25:10,989
The only problem is that the new
administrator would be the next of kin,
515
00:25:11,059 --> 00:25:14,422
who might very well wanna keep the
Paytons' family secrets secret.
516
00:25:14,492 --> 00:25:17,480
It's not a problem. The next
of kin is Hartley's mother.
517
00:25:17,558 --> 00:25:21,250
Great. When do we get to call on
Uncle Bernie as the eyewitness?
518
00:25:21,323 --> 00:25:24,845
You know what, Jack? Self-defense
is in the books for a reason.
519
00:25:24,922 --> 00:25:29,319
If that woman doesn't deserve to be
in jail, I don't wanna put her there.
520
00:25:33,952 --> 00:25:37,610
Let me get this right, the defendant
is the decedent's mother?
521
00:25:37,684 --> 00:25:39,775
HARTLEY: That's correct,
Your Honor.
522
00:25:40,517 --> 00:25:43,845
The statute is very clear on
appointing administrators, Counselor.
523
00:25:43,916 --> 00:25:47,370
It is also very clear that a person should
not be able to profit from their crime.
524
00:25:47,449 --> 00:25:50,845
Mrs. Payton murdered her son. As
administratrix to his estate,
525
00:25:50,914 --> 00:25:52,845
she'd be entitled
to a statutory fee.
526
00:25:52,913 --> 00:25:56,003
Mrs. Payton hasn't been convicted
of anything, Your Honor.
527
00:25:56,079 --> 00:25:58,636
She confessed to stabbing
her son seven times.
528
00:25:58,711 --> 00:26:00,972
HARTLEY: The confession
was questionable at best.
529
00:26:01,044 --> 00:26:03,736
Ms. Hartley's motion to exclude
has already been denied.
530
00:26:03,810 --> 00:26:05,368
Danny Payton was a murderer,
Your Honor.
531
00:26:05,443 --> 00:26:08,340
Doesn't my client get any credit
for getting him off the street?
532
00:26:08,442 --> 00:26:10,203
You can't be serious, Counselor?
533
00:26:11,140 --> 00:26:12,833
Zealous representation,
Your Honor.
534
00:26:12,940 --> 00:26:17,099
This court is in favor of removing
Diane Payton as the administratrix
535
00:26:17,172 --> 00:26:18,899
of the estate of Danny Payton
536
00:26:18,971 --> 00:26:20,903
and issuing new
Letters of Administration
537
00:26:20,970 --> 00:26:23,629
in accordance with Surrogate's
Court Procedure Act,
538
00:26:23,703 --> 00:26:25,498
Section 1001.
539
00:26:26,436 --> 00:26:27,435
(GAVEL BANGS)
540
00:26:34,400 --> 00:26:36,490
I don't understand.
541
00:26:36,566 --> 00:26:37,792
What does this mean?
542
00:26:38,765 --> 00:26:41,458
There's a chance
Danny was abusing his mother.
543
00:26:42,531 --> 00:26:44,326
So what?
My daughter is dead.
544
00:26:44,397 --> 00:26:45,657
Somebody has to go to jail.
545
00:26:45,730 --> 00:26:48,661
Mrs. Payton may not be legally
responsible for what she did.
546
00:26:48,729 --> 00:26:49,786
Responsible?
547
00:26:50,694 --> 00:26:53,716
If she were a better mother,
Emily would be alive.
548
00:26:53,794 --> 00:26:56,259
If she's not responsible,
who is?
549
00:26:59,626 --> 00:27:01,148
Danny's doctor's name was Trask.
550
00:27:01,225 --> 00:27:04,747
I'll have a waiver signed and
delivered to him right away.
551
00:27:10,089 --> 00:27:12,213
DR. TRASK: Danny Payton
was schizophrenic,
552
00:27:12,288 --> 00:27:16,049
but he was released from St. Justin's
as not being a threat to himself.
553
00:27:16,120 --> 00:27:20,108
You see, with pharmaceuticals, he
could lead a normal, productive life.
554
00:27:20,186 --> 00:27:21,784
Meaning he wasn't a
threat to anyone else?
555
00:27:21,819 --> 00:27:23,647
Correct. You
gotta understand,
556
00:27:23,718 --> 00:27:26,512
most schizophrenics
are not violent at all.
557
00:27:27,683 --> 00:27:31,079
Danny Payton ran somebody over
and fled from the scene.
558
00:27:31,549 --> 00:27:32,547
(SIGHS)
559
00:27:34,148 --> 00:27:37,477
Can you tell me about his
relationship with his mother?
560
00:27:37,547 --> 00:27:40,875
I recall they were
extraordinarily close.
561
00:27:40,945 --> 00:27:42,774
So are you saying
he wasn't abusive to her?
562
00:27:42,845 --> 00:27:44,572
No, what I'm saying
is quite the opposite.
563
00:27:44,645 --> 00:27:47,837
His mother was the only
thing that kept him alive.
564
00:27:48,277 --> 00:27:49,435
Look,
565
00:27:49,510 --> 00:27:52,339
I'll send over all the
records if you want.
566
00:27:56,008 --> 00:27:58,200
Feeling good, are we?
567
00:27:58,274 --> 00:28:01,469
Yeah, it really makes my day when a mother
kills her son for no reason whatsoever.
568
00:28:01,472 --> 00:28:04,767
Call Hallmark. Maybe they'll
print up a special card.
569
00:28:05,072 --> 00:28:08,662
I thought that you'd be happy, Hartley
loses her affirmative defense.
570
00:28:08,737 --> 00:28:11,896
And pops up with another
more ridiculous one.
571
00:28:11,970 --> 00:28:13,560
Ah, Kay Hartley.
572
00:28:13,902 --> 00:28:15,800
With friends like that...
573
00:28:21,466 --> 00:28:24,454
Defense of third parties?
You must be kidding me.
574
00:28:24,699 --> 00:28:27,323
Danny already killed
Emily Milius.
575
00:28:27,431 --> 00:28:30,226
His mother killed him so he
wouldn't hurt anybody else.
576
00:28:30,331 --> 00:28:31,660
It's a legitimate
affirmative defense.
577
00:28:31,730 --> 00:28:34,422
If there was an imminent threat
of Danny hurting someone.
578
00:28:34,496 --> 00:28:37,222
As far as I know, there was no
one in Danny Payton's apartment
579
00:28:37,294 --> 00:28:39,453
other than the woman
who stabbed him seven times.
580
00:28:40,061 --> 00:28:41,958
Look, I know that
it's a long shot.
581
00:28:42,160 --> 00:28:43,921
I'm just trying to win my case.
582
00:28:43,993 --> 00:28:45,651
By using me?
583
00:28:46,358 --> 00:28:50,085
You needed privilege waived so you could
get Danny's mental state into evidence.
584
00:28:50,190 --> 00:28:52,827
Your aunt wouldn't waive it because
she knew it wasn't self-defense.
585
00:28:52,857 --> 00:28:56,913
I did what I could to get justice for
my client in an imperfect system.
586
00:28:56,988 --> 00:28:58,477
If you want to know
why it's imperfect, Kay,
587
00:28:58,554 --> 00:29:01,076
look in the mirror next time you
put on your Tiffany earrings.
588
00:29:02,353 --> 00:29:05,251
Look, my aunt came home
to find her car missing.
589
00:29:05,352 --> 00:29:07,045
The next thing she knew,
Danny was telling her
590
00:29:07,119 --> 00:29:09,778
he used it to kill someone
he didn't even know.
591
00:29:10,118 --> 00:29:11,379
What was she supposed to do?
592
00:29:11,450 --> 00:29:13,847
Calling the police would've
been a very good start.
593
00:29:13,916 --> 00:29:15,973
At least I work for my earrings.
594
00:29:16,549 --> 00:29:21,276
That's right. Not all of us have the
luxury of playing at saving the world.
595
00:29:21,381 --> 00:29:22,937
An acquittal
of a confessed murderer
596
00:29:23,014 --> 00:29:25,206
and the powers that be at Wittman,
Worth will have no choice
597
00:29:25,279 --> 00:29:27,540
but to put my name
on the letterhead.
598
00:29:28,013 --> 00:29:31,001
Surprise, surprise, Serena.
Well, it's a game, right?
599
00:29:31,112 --> 00:29:33,407
And the point of a game
is to win.
600
00:29:34,710 --> 00:29:36,698
I'll see you in chambers.
601
00:29:37,509 --> 00:29:40,474
Judge McNeil actually bought Ms.
Hartley's argument?
602
00:29:40,541 --> 00:29:44,199
He called defense of third parties
a question of fact for the jury.
603
00:29:44,273 --> 00:29:48,500
The man goes to school for seven
years, practices law for 15,
604
00:29:48,639 --> 00:29:52,569
sits on the bench for five, then
passes the buck to three housewives,
605
00:29:52,637 --> 00:29:55,864
four salesmen, two plumbers, a
couple of construction workers,
606
00:29:55,937 --> 00:29:57,096
and a dental hygienist.
607
00:29:57,169 --> 00:29:58,396
I take full responsibility.
608
00:29:58,470 --> 00:30:00,560
None of this would be admissible
if I hadn't pulled that stunt
609
00:30:00,635 --> 00:30:01,691
in Surrogate's Court.
610
00:30:01,768 --> 00:30:04,666
I seem to recall giving you
the old "atta-girl."
611
00:30:04,834 --> 00:30:06,130
I didn't.
612
00:30:06,567 --> 00:30:08,192
But you never knew Kay Hartley.
613
00:30:08,266 --> 00:30:11,459
I'm beginning to think all of
this was bogus from the get-go.
614
00:30:11,532 --> 00:30:13,121
She never thought
it was self-defense.
615
00:30:13,198 --> 00:30:16,288
She only needed a way to let the jury
know that Danny was mentally ill.
616
00:30:16,397 --> 00:30:19,760
You seem to have less faith in
our noble profession than I do.
617
00:30:19,830 --> 00:30:21,556
The problem is now
I have to go into court
618
00:30:21,628 --> 00:30:24,253
and argue that this woman
belongs behind bars
619
00:30:24,328 --> 00:30:29,349
even though she killed her son only to
prevent him from killing three housewives,
620
00:30:29,426 --> 00:30:32,118
four salesmen, two plumbers, et
cetera, et cetera, et cetera...
621
00:30:32,192 --> 00:30:35,589
Hartley's gonna have to offer
up some kind of proof.
622
00:30:35,791 --> 00:30:38,278
She has proof enough.
Emily Milius.
623
00:30:39,523 --> 00:30:41,545
I'll explain the whole
thing to Judge McNeil.
624
00:30:41,622 --> 00:30:44,917
And he'll give us the "Soft
Touch of the Year" Award.
625
00:30:49,619 --> 00:30:52,812
VAN BUREN: We talked about children.
How tough it is raising them.
626
00:30:52,885 --> 00:30:56,839
Mrs. Payton had it particularly
tough since her husband left her.
627
00:30:56,918 --> 00:31:00,644
And it would be particularly hard with
a young boy with mental problems.
628
00:31:00,717 --> 00:31:04,875
She never mentioned any kind of mental
problems with regard to her son.
629
00:31:04,948 --> 00:31:07,243
JACK: Maybe that's
because he was on medication.
630
00:31:07,314 --> 00:31:09,032
VAN BUREN: She never
mentioned that, either.
631
00:31:09,247 --> 00:31:13,234
Like I said, she never talked
about mental problems, period.
632
00:31:13,779 --> 00:31:15,472
But she did say
that she killed him?
633
00:31:15,545 --> 00:31:18,942
Yes. And she signed
a confession to that effect.
634
00:31:19,744 --> 00:31:21,606
JACK: Thank you, Lieutenant.
635
00:31:24,909 --> 00:31:27,772
During that
45-minute interrogation...
636
00:31:27,841 --> 00:31:30,363
I said it was a
conversation, Counselor.
637
00:31:31,473 --> 00:31:34,905
Fine.
During that 45-minute chat,
638
00:31:34,973 --> 00:31:38,234
did you ever once ask Mrs. Payton
if her son was mentally ill?
639
00:31:38,538 --> 00:31:41,628
As I just said...
Yes or no, Lieutenant?
640
00:31:42,537 --> 00:31:43,536
No.
641
00:31:43,803 --> 00:31:47,700
Did you ask Mrs. Payton if her son had
ever threatened to kill anyone else?
642
00:31:48,268 --> 00:31:49,267
No.
643
00:31:49,901 --> 00:31:51,924
HARTLEY: One more thing,
Lieutenant.
644
00:31:52,001 --> 00:31:54,830
Did Mrs. Payton ever say
she loved her son?
645
00:31:56,333 --> 00:31:57,389
Yes.
646
00:31:59,298 --> 00:32:02,024
RODGERS: The lack of defensive wounds
indicates that the victim was unaware
647
00:32:02,097 --> 00:32:03,460
that he was being attacked.
648
00:32:03,530 --> 00:32:04,826
He was sleeping?
649
00:32:05,129 --> 00:32:06,719
Sleeping or unconscious.
650
00:32:06,796 --> 00:32:09,193
So, in other words, this was
like shooting fish in a barrel.
651
00:32:09,262 --> 00:32:10,420
Objection.
652
00:32:10,494 --> 00:32:12,221
Withdrawn, Your Honor.
653
00:32:13,627 --> 00:32:15,024
Out of those seven stab wounds,
654
00:32:15,093 --> 00:32:17,820
two were what you call hesitation
wounds, is that correct?
655
00:32:17,893 --> 00:32:19,017
Yes.
656
00:32:19,092 --> 00:32:23,217
So could you say that Mrs. Payton struggled
with her decision to stab her son?
657
00:32:23,691 --> 00:32:25,656
That's certainly
one explanation.
658
00:32:26,923 --> 00:32:31,047
About two months ago, Doctor, did you do
an autopsy of a man named Ethan Richards?
659
00:32:31,121 --> 00:32:32,280
Objection. Relevance.
660
00:32:32,421 --> 00:32:34,580
Relevance will become clear
shortly, Your Honor.
661
00:32:35,653 --> 00:32:38,084
I'll let it in
subject to connection.
662
00:32:38,153 --> 00:32:39,948
Answer the question, Doctor.
663
00:32:40,519 --> 00:32:42,484
Yes, I worked on
the Richards case.
664
00:32:42,551 --> 00:32:44,607
And what were your conclusions?
665
00:32:44,684 --> 00:32:47,241
There were shoe prints
on the victim's torso,
666
00:32:47,317 --> 00:32:50,941
so we concluded he died of internal
hemorrhaging due to kicking.
667
00:32:51,015 --> 00:32:52,503
HARTLEY: Just to refresh
your memory, Doctor,
668
00:32:52,581 --> 00:32:55,138
would this be the murder
we're discussing?
669
00:32:56,980 --> 00:32:57,979
Yes.
670
00:32:58,047 --> 00:33:00,978
Could you please read
the highlighted portions?
671
00:33:01,812 --> 00:33:03,334
"Forensic scientists have
confirmed
672
00:33:03,412 --> 00:33:06,138
"that the shoe was a size
12-and-a-half Frye boot."
673
00:33:06,511 --> 00:33:09,942
To your knowledge, was there ever
an arrest made in this case?
674
00:33:10,809 --> 00:33:12,672
No.
Thank you.
675
00:33:13,841 --> 00:33:15,170
That's all.
676
00:33:19,240 --> 00:33:22,693
Danny Payton was schizophrenic.
He lost touch with reality.
677
00:33:22,772 --> 00:33:25,567
He often saw and heard things
that weren't there.
678
00:33:25,637 --> 00:33:27,296
JACK: How did you treat him?
679
00:33:27,370 --> 00:33:30,392
In addition to daily
counseling and group therapy,
680
00:33:30,469 --> 00:33:34,195
I also prescribed the
anti-psychotic drug, Clozaril.
681
00:33:34,302 --> 00:33:35,824
After eight weeks of treatment,
682
00:33:35,901 --> 00:33:39,333
Danny stopped hearing the voices
and having the delusions.
683
00:33:39,400 --> 00:33:42,422
In other words, Doctor, he was
able to function in society?
684
00:33:42,832 --> 00:33:45,922
I wouldn't have signed
his release if he wasn't.
685
00:33:49,764 --> 00:33:53,217
Last year, did Danny's mother ask you
to take him back into the hospital?
686
00:33:53,795 --> 00:33:54,794
Yes.
687
00:33:54,862 --> 00:33:56,884
Why is that, Doctor Trask?
688
00:33:57,161 --> 00:33:59,887
Mrs. Payton said that Danny
was hearing voices
689
00:33:59,960 --> 00:34:02,051
telling him to kill people
at random.
690
00:34:02,526 --> 00:34:04,650
HARTLEY: And you didn't
take that seriously?
691
00:34:04,725 --> 00:34:06,247
DR. TRASK: Of course I did.
692
00:34:06,325 --> 00:34:10,154
But then Mrs. Payton told me that Danny
had stopped taking his medication
693
00:34:10,224 --> 00:34:11,712
three months earlier.
694
00:34:11,790 --> 00:34:12,982
HARTLEY: And what did you do?
695
00:34:13,056 --> 00:34:15,351
DR. TRASK: I told her
it was unacceptable.
696
00:34:15,955 --> 00:34:17,443
Look,
697
00:34:17,554 --> 00:34:20,213
in a perfect world,
I would have readmitted Danny.
698
00:34:20,288 --> 00:34:22,082
But it is not a perfect world.
699
00:34:22,153 --> 00:34:25,811
It is New York State and we don't
have the funding, staff or beds
700
00:34:25,885 --> 00:34:30,509
available for someone who is perfectly
able to function on medication.
701
00:34:31,617 --> 00:34:33,980
Tell me, Doctor, when a patient
is admitted to your hospital,
702
00:34:34,050 --> 00:34:36,742
what do you do with the personal
effects he brings with him?
703
00:34:36,815 --> 00:34:39,178
They're recorded and stored.
704
00:34:39,248 --> 00:34:41,076
I don't see the relevance,
Your Honor.
705
00:34:41,147 --> 00:34:43,442
I'm just connecting
earlier testimony.
706
00:34:44,014 --> 00:34:45,240
Proceed.
707
00:34:48,445 --> 00:34:51,410
Doctor, do you recognize this?
708
00:34:54,809 --> 00:34:55,866
Yes.
709
00:34:56,376 --> 00:34:58,239
It's the record
of all of the items
710
00:34:58,309 --> 00:35:01,365
Danny had with him when he was
admitted to St. Justin's.
711
00:35:01,641 --> 00:35:04,936
Could you focus your attention on
item number 10, labeled footwear?
712
00:35:05,240 --> 00:35:06,796
What does it say?
713
00:35:06,872 --> 00:35:10,599
"A pair of size 12-and-a-half
Frye work boots."
714
00:35:11,671 --> 00:35:14,102
HARTLEY: I have nothing
further, Your Honor.
715
00:35:15,536 --> 00:35:18,797
Looks like this guy's gonna
clear up all of our open cases.
716
00:35:18,869 --> 00:35:20,267
While his mother becomes
a folk hero
717
00:35:20,335 --> 00:35:22,925
for pushing the off button
on a killing machine.
718
00:35:23,001 --> 00:35:24,591
She's a vigilante.
719
00:35:24,667 --> 00:35:28,189
She was also a mother who killed the
child she loved more than herself.
720
00:35:28,299 --> 00:35:30,197
Well, so were Susan Smith
and Andrea Yates.
721
00:35:30,266 --> 00:35:32,424
And if I remember correctly,
they were both convicted.
722
00:35:32,531 --> 00:35:34,928
They weren't preventing
otherwise inevitable murders.
723
00:35:35,030 --> 00:35:37,121
Only the statute doesn't say
"inevitable threat."
724
00:35:37,197 --> 00:35:38,628
It says "imminent threat."
725
00:35:38,796 --> 00:35:43,159
Well, pardon my French, but I don't think
the jury's gonna give a damn either way.
726
00:35:43,228 --> 00:35:45,090
Deal it down.
That means the next guy...
727
00:35:45,160 --> 00:35:50,217
Before you go there, Serena, the only
"sending a bad message" argument that I buy
728
00:35:50,292 --> 00:35:53,053
is the bad message
we send when we lose a trial.
729
00:35:53,192 --> 00:35:56,645
If you read the fine print, it also says
that when the going gets tough, run,
730
00:35:56,724 --> 00:35:58,383
even when the law
is on our side.
731
00:35:58,590 --> 00:36:01,077
Do you really think we're gonna
get jail time for this woman?
732
00:36:01,155 --> 00:36:03,018
Please. If she was on the road
to canonization,
733
00:36:03,089 --> 00:36:05,747
she wouldn't have gone along
with Kay Hartley's games.
734
00:36:05,821 --> 00:36:09,082
I haven't even cross-examined
the defendant yet, Arthur.
735
00:36:09,319 --> 00:36:11,046
Well, you got in this hole,
736
00:36:11,119 --> 00:36:13,414
I guess it's up to you
if you want to keep digging.
737
00:36:17,251 --> 00:36:19,375
So how much of that
was personal?
738
00:36:19,450 --> 00:36:22,244
The letter of the law, Jack.
That's all.
739
00:36:26,147 --> 00:36:27,745
HARTLEY: But you tried
to get Danny help?
740
00:36:28,413 --> 00:36:30,379
Danny belonged in a hospital.
741
00:36:30,447 --> 00:36:34,037
But Dr. Trask just testified he'd
be fine if he just took his pills.
742
00:36:34,112 --> 00:36:36,202
Pills are supposed to help.
743
00:36:36,744 --> 00:36:39,073
They gave him
migraine headaches.
744
00:36:39,143 --> 00:36:40,608
They made him like a zombie.
745
00:36:41,210 --> 00:36:43,800
He said the only reason
he even knew he was alive
746
00:36:43,876 --> 00:36:47,466
was because he vomited
an hour after he took them.
747
00:36:47,541 --> 00:36:49,836
How was he supposed
to live like that?
748
00:36:50,241 --> 00:36:51,831
Still,
that's a small price to pay...
749
00:36:51,906 --> 00:36:54,599
I was his mother,
not some prison guard.
750
00:36:54,672 --> 00:36:58,194
I can't physically force him
to take his medication!
751
00:36:58,271 --> 00:37:01,065
I can't look over him
all the time!
752
00:37:01,836 --> 00:37:05,063
They say a mother's worst fear
is the death of a child.
753
00:37:05,668 --> 00:37:07,759
Let me tell you,
it's a million times worse
754
00:37:07,835 --> 00:37:10,595
when he kills
someone else's child.
755
00:37:12,967 --> 00:37:16,126
Let's turn our attention
to the night Danny died.
756
00:37:17,065 --> 00:37:19,690
Could you please tell us
what happened?
757
00:37:21,364 --> 00:37:22,727
Mrs. Payton?
758
00:37:25,796 --> 00:37:28,284
That morning,
Danny borrowed my car.
759
00:37:29,494 --> 00:37:32,187
Taking long drives
helped clear his head.
760
00:37:33,260 --> 00:37:36,054
When he didn't return
the car by 10:00,
761
00:37:36,626 --> 00:37:38,614
I went over to his apartment
762
00:37:38,692 --> 00:37:40,884
to see if anything was wrong.
763
00:37:44,390 --> 00:37:46,480
He was sitting on the floor,
764
00:37:48,355 --> 00:37:50,752
banging his head
against the wall.
765
00:37:52,854 --> 00:37:55,342
He told me what he did
to that girl.
766
00:37:57,452 --> 00:37:59,111
I calmed him down,
767
00:37:59,918 --> 00:38:01,713
and helped him into bed.
768
00:38:02,451 --> 00:38:03,814
And then...
769
00:38:08,316 --> 00:38:09,509
(SOBS)
770
00:38:09,582 --> 00:38:12,047
I didn't know what else to do.
771
00:38:21,579 --> 00:38:23,703
Stabbing Danny
was your only option?
772
00:38:24,810 --> 00:38:26,208
He was sick.
773
00:38:27,610 --> 00:38:29,939
That hospital wouldn't take him.
774
00:38:30,108 --> 00:38:31,540
He killed at least two people.
775
00:38:31,608 --> 00:38:34,971
I'm sure the prison system would
have been glad to have him.
776
00:38:35,041 --> 00:38:36,802
Is there a question?
777
00:38:37,073 --> 00:38:38,334
Withdrawn.
778
00:38:40,839 --> 00:38:43,134
Yes or no, Mrs. Payton.
779
00:38:43,771 --> 00:38:45,999
When you were stabbing Danny,
780
00:38:46,070 --> 00:38:49,126
were you thinking
of Emily Milius?
781
00:38:52,368 --> 00:38:56,094
Were you thinking of the man
Danny had kicked to death?
782
00:38:59,200 --> 00:39:03,427
Were you thinking of the next innocent
person Danny was going to kill?
783
00:39:05,832 --> 00:39:09,194
You said that Danny was
delusional, isn't that correct?
784
00:39:11,362 --> 00:39:12,453
Yes.
785
00:39:12,529 --> 00:39:14,756
That he had hallucinations.
786
00:39:15,028 --> 00:39:17,687
That he heard voices
telling him to kill?
787
00:39:18,661 --> 00:39:19,717
Yes.
788
00:39:20,194 --> 00:39:21,625
Then why, Mrs. Payton,
789
00:39:22,459 --> 00:39:24,084
why in the world
790
00:39:25,392 --> 00:39:28,448
did you lend Danny
the keys to your car?
791
00:39:37,987 --> 00:39:39,816
JUDGE: Re-direct, Ms. Hartley?
792
00:39:41,287 --> 00:39:42,310
No, Your Honor.
793
00:39:42,386 --> 00:39:44,375
Then we'll pick up
tomorrow morning.
794
00:39:45,152 --> 00:39:46,913
Kay told me that Danny
stole her keys.
795
00:39:46,984 --> 00:39:50,313
So either she lied to me, or Mrs.
Payton just lied on the stand.
796
00:39:50,384 --> 00:39:52,349
Why would someone lie
to appear more guilty?
797
00:39:52,416 --> 00:39:55,246
She wouldn't. Conference
room, 20 minutes.
798
00:39:56,816 --> 00:39:58,747
So I misspoke.
What's the big deal?
799
00:39:59,347 --> 00:40:02,540
That's one possibility. The other is
that you intentionally lied to me.
800
00:40:06,145 --> 00:40:07,701
What's going on?
801
00:40:08,344 --> 00:40:11,434
Your niece is a very smart
lawyer, Mrs. Payton.
802
00:40:11,510 --> 00:40:13,476
She knows that if you gave
Danny the car,
803
00:40:13,544 --> 00:40:16,770
that you'd be legally responsible
for the death of Emily Milius.
804
00:40:16,875 --> 00:40:18,841
It's called
reckless endangerment.
805
00:40:18,908 --> 00:40:21,339
My guess is that she told you
to lie on the stand,
806
00:40:21,407 --> 00:40:23,804
but you didn't,
and I don't think you forgot.
807
00:40:25,106 --> 00:40:26,765
Let's go.
Let me ask you this.
808
00:40:27,305 --> 00:40:31,202
Did she tell you that we offered her
a deal before we went to trial?
809
00:40:32,770 --> 00:40:33,997
I didn't think so.
810
00:40:34,837 --> 00:40:38,461
She didn't tell you
because she knew you'd accept.
811
00:40:39,068 --> 00:40:40,795
My God, you killed your own son.
812
00:40:40,935 --> 00:40:42,593
And I should rot in Hell for it.
813
00:40:42,667 --> 00:40:45,598
You deserve to walk out
of that courtroom.
814
00:40:45,666 --> 00:40:48,131
Why, Kay?
Because she's not guilty,
815
00:40:48,199 --> 00:40:50,062
or because you want
a corner office?
816
00:40:51,697 --> 00:40:52,754
(SOBBING) Kay?
817
00:40:53,098 --> 00:40:55,325
You have to trust me,
Aunt Diane.
818
00:40:58,662 --> 00:40:59,889
Come on.
819
00:41:00,928 --> 00:41:02,860
We'll see you in court.
820
00:41:14,291 --> 00:41:17,450
Let's think about why
we send a person to prison.
821
00:41:17,956 --> 00:41:21,046
First and foremost, we don't want
the son-of-a-bitch to do it again.
822
00:41:22,121 --> 00:41:26,950
Mrs. Payton killed her son because
of who he was and what he did.
823
00:41:27,553 --> 00:41:29,848
She's not going to do it again.
824
00:41:30,386 --> 00:41:32,976
So there must be
another reason to punish her.
825
00:41:33,618 --> 00:41:36,277
Okay, how's this? We've
got to rehabilitate her.
826
00:41:36,351 --> 00:41:39,316
From what? From trying to save the
lives of people she doesn't even know?
827
00:41:39,383 --> 00:41:41,042
Now, that doesn't sound right.
828
00:41:41,282 --> 00:41:44,736
That should be a good thing
and not a punishable offense.
829
00:41:46,281 --> 00:41:48,711
Okay, I know
what you're thinking.
830
00:41:49,113 --> 00:41:52,169
This woman snubbed her nose
at the laws of this state
831
00:41:52,246 --> 00:41:55,507
and a person just can't do that
and get away with it scot-free.
832
00:41:56,944 --> 00:41:59,807
It was the State
that let her down,
833
00:42:00,710 --> 00:42:04,300
and maybe, just maybe, we owe
her something in return.
834
00:42:04,941 --> 00:42:09,497
I ask you, what act could
possibly be more courageous
835
00:42:09,573 --> 00:42:12,970
than sacrificing your own son
for the greater good?
836
00:42:15,005 --> 00:42:17,232
Should that really be a crime?
837
00:42:28,101 --> 00:42:30,430
Did Mrs. Payton call
the police?
838
00:42:31,167 --> 00:42:33,394
That would have been
an act of courage.
839
00:42:33,500 --> 00:42:35,294
But she didn't do it.
840
00:42:36,398 --> 00:42:38,795
Did she tell her son's doctors
841
00:42:38,865 --> 00:42:41,796
that he had already killed
innocent people?
842
00:42:41,864 --> 00:42:45,625
That would've been courageous.
But she didn't do that, either.
843
00:42:46,561 --> 00:42:50,118
Yes, she's sympathetic.
I have a child myself,
844
00:42:50,194 --> 00:42:52,182
there but for the grace of God.
845
00:42:52,260 --> 00:42:53,816
But consider this:
846
00:42:54,693 --> 00:42:58,351
Mrs. Payton had an
opportunity to tell you
847
00:42:58,425 --> 00:43:01,856
that she killed her son
to save other people's lives.
848
00:43:01,957 --> 00:43:03,752
And she didn't do it.
849
00:43:04,156 --> 00:43:07,383
She had an opportunity
to tell you that she acted
850
00:43:07,455 --> 00:43:10,648
to stop her
disturbed son's suffering.
851
00:43:10,721 --> 00:43:13,550
And she didn't tell you that,
either.
852
00:43:16,886 --> 00:43:18,476
Yes,
853
00:43:18,551 --> 00:43:20,710
hers is a tragic story.
854
00:43:21,984 --> 00:43:24,313
But it's not a defense
to murder.
855
00:43:30,814 --> 00:43:32,973
JUDGE: Will the defendant
please rise?
856
00:43:35,379 --> 00:43:36,572
Have you reached a verdict?
857
00:43:36,646 --> 00:43:38,043
FOREPERSON:
We have, Your Honor.
858
00:43:39,911 --> 00:43:43,967
On the sole count of the indictment,
murder in the second degree,
859
00:43:44,044 --> 00:43:45,839
we find the defendant guilty.
860
00:43:46,477 --> 00:43:47,499
JUDGE: Thank you.
You are hereby...
861
00:43:47,576 --> 00:43:50,507
FOREPERSON: Excuse me, Your
Honor, but we have a question.
862
00:43:50,808 --> 00:43:52,001
I mean,
863
00:43:52,807 --> 00:43:55,568
do we have to send
this defendant to jail?
864
00:43:59,339 --> 00:44:02,929
Fortunately, the Penal Law
guarantees her jail time.
865
00:44:03,004 --> 00:44:05,367
So Kay Hartley called
to take me to lunch.
866
00:44:05,437 --> 00:44:09,061
She probably wants to weasel a
sentencing recommendation out of you.
867
00:44:09,169 --> 00:44:10,361
Good night.
Good night.
868
00:44:10,435 --> 00:44:11,434
JACK: Good night.
869
00:44:11,736 --> 00:44:15,666
It seems the only person who wants Mrs.
Payton in prison is Mrs. Payton.
870
00:44:15,767 --> 00:44:19,630
Well, we all do our emotional
penance in our own way.
871
00:44:19,699 --> 00:44:20,824
Including Kay.
872
00:44:20,899 --> 00:44:23,591
She'll have to work that much
longer to get her name on the door.
873
00:44:23,665 --> 00:44:31,622
Shame.
Yes, it is.
Ripped By mstoll