1 00:00:00,946 --> 00:00:02,687 NARRATOR: In the criminal justice system 2 00:00:02,748 --> 00:00:06,629 the people are represented by two separate yet equally important groups, 3 00:00:06,686 --> 00:00:08,529 the police who investigate crime 4 00:00:08,588 --> 00:00:11,398 and the district attorneys who prosecute the offenders. 5 00:00:11,457 --> 00:00:13,368 These are their stories. 6 00:00:15,996 --> 00:00:18,602 BOY: Hey, Dad, look at that. 7 00:00:19,266 --> 00:00:22,076 (HORN BLARING) 8 00:00:26,741 --> 00:00:28,448 Can I do it again? 9 00:00:29,110 --> 00:00:30,487 Stay here. 10 00:00:33,882 --> 00:00:35,760 Damn homeless. 11 00:00:35,818 --> 00:00:38,697 Hey, fella, get your ass off my street. 12 00:00:44,060 --> 00:00:46,405 What is it? Just be quiet, now. 13 00:00:46,463 --> 00:00:49,967 Dispatch, this is unit 220 in need of immediate assistance. 14 00:00:50,133 --> 00:00:51,703 BRISCOE: Do we know who he is? 15 00:00:51,768 --> 00:00:54,214 ID in his wallet said Warren Slater. 16 00:00:54,272 --> 00:00:56,548 Address in Riverdale. He had his wallet. 17 00:00:56,607 --> 00:00:59,554 Wallet, watch, wedding band. 18 00:00:59,610 --> 00:01:02,284 Guy took a blow to the head, fractured his skull. 19 00:01:02,346 --> 00:01:03,984 ED: We know what was used to hit him? 20 00:01:04,048 --> 00:01:05,687 CSU TECH: CSU's checkin' sewers and bushes. 21 00:01:05,751 --> 00:01:07,458 Whatever it was, it was heavy as hell. 22 00:01:07,519 --> 00:01:09,396 Well, from the looks of the blood trail, 23 00:01:09,455 --> 00:01:10,934 the poor guy caught it over there 24 00:01:10,989 --> 00:01:12,935 and then crawled to his death. 25 00:01:13,559 --> 00:01:14,766 Any idea when this happened? 26 00:01:14,828 --> 00:01:17,001 Last seven, eight hours probably. 27 00:01:17,063 --> 00:01:18,940 M.E. said they were on their way an hour ago. 28 00:01:18,998 --> 00:01:21,171 Hey,Ed. Check this out. 29 00:01:22,102 --> 00:01:24,083 BRISCOE: The blood trail starts here. 30 00:01:24,205 --> 00:01:26,583 Okay, so we're gonna need these bottles dusted. 31 00:01:26,640 --> 00:01:28,551 BRISCOE: Especially the ones with beer in 'em. 32 00:01:28,609 --> 00:01:29,917 CSU TECH: Sure. 33 00:01:29,977 --> 00:01:31,820 Looks like somebody had a party. 34 00:01:31,879 --> 00:01:35,157 Yeah. a guy goes out for a stroll, ends up at his own wake. 35 00:02:25,272 --> 00:02:28,116 ED: Warren Slater, 52, worked at Fairhaven Health Insurance 36 00:02:28,175 --> 00:02:29,552 in midtown, lived in Riverdale. 37 00:02:29,609 --> 00:02:31,111 Long way from either one. 38 00:02:31,178 --> 00:02:33,750 Does he have a wife? Riverdale precinct notified her. 39 00:02:33,814 --> 00:02:35,487 Yeah, we're goin' up later to talk to her. 40 00:02:35,550 --> 00:02:36,995 Any word from the M.E.? 41 00:02:37,051 --> 00:02:38,792 Hadn't gotten there by the time we left. 42 00:02:38,853 --> 00:02:41,766 Well, he certainly wasn't out jogging in a suit and tie. 43 00:02:41,822 --> 00:02:44,099 What are you thinking, this is a drug buy gone bad? 44 00:02:44,159 --> 00:02:45,570 The guy had all his valuables. 45 00:02:45,627 --> 00:02:47,504 We did find some empty beer bottles, 46 00:02:47,563 --> 00:02:49,008 an abandoned shopping cart. 47 00:02:49,064 --> 00:02:50,372 Latent s goin over 'em now. 48 00:02:50,432 --> 00:02:52,811 Well, was anyone around when you guys got there? 49 00:02:52,869 --> 00:02:54,075 The party was over. 50 00:02:54,137 --> 00:02:56,640 Well, see if you can find out what broke it up. 51 00:02:59,943 --> 00:03:01,980 BRISCOE: This receipt from your register? 52 00:03:02,780 --> 00:03:03,850 Looks like it. Why? 53 00:03:03,914 --> 00:03:05,120 We're lookin' for a homeless guy, 54 00:03:05,182 --> 00:03:06,183 that might have come in here last night. 55 00:03:06,250 --> 00:03:08,196 He usually hangs out in Franklin Park. 56 00:03:08,252 --> 00:03:09,788 SHOPKEEPER: Reggie was in. 57 00:03:10,621 --> 00:03:13,125 Black guy, maybe 40, 50-somethin'. 58 00:03:13,191 --> 00:03:15,967 Wears an army jacket and a New York Knicks ski cap. 59 00:03:16,027 --> 00:03:17,335 What kinda bottles you say they were? 60 00:03:17,395 --> 00:03:18,999 40s. Yeah, that's definitely Reggie. 61 00:03:19,698 --> 00:03:20,904 You know where we can find him? 62 00:03:20,966 --> 00:03:22,138 He wasn't down by the park? 63 00:03:22,335 --> 00:03:23,712 He wasn't there this morning. 64 00:03:23,769 --> 00:03:26,375 You may wanna try over at Saint Agnes on 103rd. 65 00:03:26,439 --> 00:03:28,248 They usually serve breakfast right about now. 66 00:03:28,307 --> 00:03:29,980 Cool. Thanks, bro. 67 00:03:31,811 --> 00:03:33,951 How's it goin, man? I know you? 68 00:03:35,015 --> 00:03:36,585 Hey, I'm gonna lose my spot! 69 00:03:36,650 --> 00:03:37,720 Oh, no, don't worry, pal. 70 00:03:37,784 --> 00:03:40,025 We serve pancakes at our house, too. 71 00:03:40,087 --> 00:03:41,794 Oh, you got syrup? 72 00:03:41,855 --> 00:03:43,267 REGGIE: I don't know nothin'. 73 00:03:43,324 --> 00:03:46,635 You mean about the guy that got killed near Franklin Park last night. 74 00:03:46,694 --> 00:03:48,605 I slept by the underpass last night. 75 00:03:48,663 --> 00:03:51,109 You know, that's funny, because we have a witness 76 00:03:51,165 --> 00:03:53,373 that says you were in Franklin Park drinkin'. 77 00:03:53,502 --> 00:03:55,675 Yeah, he told us this one's your favorite. 78 00:03:56,839 --> 00:03:58,785 ED: Must be. Your prints are all over it. 79 00:03:58,841 --> 00:04:01,651 (STAMMERS) Maybe I was down there last night. 80 00:04:01,710 --> 00:04:04,590 Man my age, my memory sometimes fails me. 81 00:04:04,648 --> 00:04:06,685 Your rap sheet says you're 42. 82 00:04:06,750 --> 00:04:09,959 Look, man, I didn't do nothin' wrong. 83 00:04:10,020 --> 00:04:12,558 How come we didn't see you there early this morning? 84 00:04:12,857 --> 00:04:14,336 I didn't want no trouble. 85 00:04:14,392 --> 00:04:15,996 Why'd you think you'd be in trouble? 86 00:04:16,827 --> 00:04:18,170 'Cause of the dead guy. 87 00:04:18,229 --> 00:04:19,401 ED: How'd you know he was dead? 88 00:04:19,463 --> 00:04:20,498 How'd you know? 89 00:04:23,669 --> 00:04:28,379 Yesterday evenin' I went by the ATMs on Broadway, try to make me some money. 90 00:04:28,607 --> 00:04:30,109 Then what? 91 00:04:30,175 --> 00:04:34,955 I bought some bottles, had a few by the church, then went back to my spot. 92 00:04:35,048 --> 00:04:36,391 When was this? 93 00:04:36,449 --> 00:04:38,486 Mmm, couple hours after I bought the beer. 94 00:04:38,551 --> 00:04:40,053 Was the dead guy there? 95 00:04:40,620 --> 00:04:41,793 Not then. 96 00:04:42,856 --> 00:04:45,268 Just some cars comin and goin. 97 00:04:46,493 --> 00:04:49,474 Cable van, taxis. 98 00:04:50,230 --> 00:04:52,939 Bus broke down. Tow truck woke me. 99 00:04:53,401 --> 00:04:55,540 So, I got up to relieve myself. 100 00:04:56,705 --> 00:04:58,207 That's when I saw him. 101 00:04:59,708 --> 00:05:02,189 Didn't want no trouble, so I split. 102 00:05:03,212 --> 00:05:04,953 If this homeless guy killed Slater, 103 00:05:05,014 --> 00:05:06,618 we would have found blood on his clothes. 104 00:05:06,682 --> 00:05:07,752 Yeah, we checked his records. 105 00:05:07,850 --> 00:05:09,090 There's no indication of violence. 106 00:05:09,151 --> 00:05:11,132 No weapons possession. No psych referrals. 107 00:05:11,188 --> 00:05:12,861 We cut him loose, he's in the wind. 108 00:05:12,923 --> 00:05:14,630 Well, a couple of fines he didn't pay 109 00:05:14,691 --> 00:05:16,432 dropped on him when we ran his prints. 110 00:05:16,493 --> 00:05:17,563 We can hold him on those. 111 00:05:17,627 --> 00:05:18,765 So, what did he tell you? 112 00:05:18,829 --> 00:05:20,103 Well, the receipt from the bodega 113 00:05:20,163 --> 00:05:22,838 says that he bought the 40s at 7:37 p.m. 114 00:05:22,900 --> 00:05:25,346 He says he went to the park a couple hours later. 115 00:05:25,403 --> 00:05:26,438 No sign of Slater. 116 00:05:26,504 --> 00:05:27,812 And then a tow truck woke him up 117 00:05:27,872 --> 00:05:28,942 and that's when he saw the body. 118 00:05:29,006 --> 00:05:31,180 Yeah. MTA says they towed an M112 119 00:05:31,243 --> 00:05:33,746 with a generator problem around 2:00 a.m. 120 00:05:33,812 --> 00:05:36,292 So, Slater was probably killed 121 00:05:36,348 --> 00:05:39,886 sometime after 9:30 and before 2:00 a.m. 122 00:05:40,920 --> 00:05:43,662 I think it's time you went up to talk to his wife. 123 00:05:45,959 --> 00:05:48,098 I've been up all night calling friends, 124 00:05:48,161 --> 00:05:50,198 hoping somebody might've seen him. 125 00:05:50,263 --> 00:05:51,709 So, you have no idea what 126 00:05:51,766 --> 00:05:53,973 your husband was doing on the Upper West Side? 127 00:05:54,034 --> 00:05:55,877 No. Could he have been running errands? 128 00:05:55,936 --> 00:05:57,176 Maybe shopping on Broadway? 129 00:05:57,238 --> 00:05:59,616 Warren usually left work at 6:00. 130 00:05:59,673 --> 00:06:02,621 He'd take the express bus back here to Riverdale. 131 00:06:02,677 --> 00:06:06,489 We'd have dinner, help our daughter with her homework, 132 00:06:06,548 --> 00:06:08,323 maybe watch a little TV. 133 00:06:09,017 --> 00:06:12,363 I'm sorry, we lived normal, boring lives. 134 00:06:12,422 --> 00:06:15,266 Well, when your husband didn't show up on time, 135 00:06:15,324 --> 00:06:17,668 where'd you think he was, Mrs. Slater? 136 00:06:17,727 --> 00:06:21,733 Before he left yesterday, he told me that he was going to stay late at work. 137 00:06:21,799 --> 00:06:24,245 But by the time I called, no one answered. 138 00:06:25,369 --> 00:06:28,179 My husband was a very good man. 139 00:06:29,406 --> 00:06:32,354 He coached our daughter's basketball team. 140 00:06:32,410 --> 00:06:34,856 He gave part of his salary to the church. 141 00:06:34,913 --> 00:06:37,587 I mean, who'd do this to him? 142 00:06:41,153 --> 00:06:43,099 REEVES: Well, I'm a claims examiner. 143 00:06:43,155 --> 00:06:45,066 Mr. Slater was my supervisor. 144 00:06:45,124 --> 00:06:46,535 His wife was under the impression 145 00:06:46,592 --> 00:06:48,629 that he was working late last night. 146 00:06:48,694 --> 00:06:51,505 We both left at 6:00. We took the bus together. 147 00:06:51,565 --> 00:06:53,238 You live in Riverdale? 148 00:06:53,300 --> 00:06:54,973 No, the Village. 149 00:06:55,035 --> 00:06:58,175 We were told Mr. Slater usually took the express bus home. 150 00:06:58,238 --> 00:07:01,083 Well, this was the cross-town bus. On 23rd. 151 00:07:01,142 --> 00:07:03,418 I was going to the sports center at the Chelsea Piers. 152 00:07:03,578 --> 00:07:05,251 That's the last stop. So, you saw him get off? 153 00:07:05,813 --> 00:07:08,293 Yeah, around 10th Avenue. 154 00:07:09,518 --> 00:07:10,588 Why? 155 00:07:10,686 --> 00:07:13,292 Mr. Slater's body was found near 108th. 156 00:07:13,355 --> 00:07:16,131 Did he say anything about where he as going? 157 00:07:16,625 --> 00:07:19,607 I think he might have mentioned he was meeting someone. 158 00:07:19,662 --> 00:07:22,040 ED: Did he mention a name or a place? 159 00:07:22,999 --> 00:07:25,605 Once we got on the bus, we couldn't find a seat together. 160 00:07:27,103 --> 00:07:28,673 We didn't talk after that. 161 00:07:30,140 --> 00:07:31,380 So, where the hell was this guy going 162 00:07:31,442 --> 00:07:33,149 and how'd he get up to 108th Street? 163 00:07:33,210 --> 00:07:34,587 I'm thinkin' another woman. 164 00:07:34,645 --> 00:07:36,955 I mean, it's the only thing worth lyin' to your wife about. 165 00:07:37,014 --> 00:07:38,857 You sound like you been there before. (CELL PHONE RINGING) 166 00:07:38,917 --> 00:07:40,760 I see you finally gave your number out. 167 00:07:40,819 --> 00:07:43,299 (LAUGHS) Yeah, Briscoe. 168 00:07:44,723 --> 00:07:47,101 Yeah, all right. Thanks. 169 00:07:47,158 --> 00:07:49,639 M.E. they just finished up the prelim on Slater. 170 00:07:50,696 --> 00:07:52,937 Cause of death was a single blow to the skull. 171 00:07:52,999 --> 00:07:54,910 Probably with a heavy metal instrument, 172 00:07:54,967 --> 00:07:56,640 something rounded with a beveled edge. 173 00:07:56,702 --> 00:07:57,840 Beveled edge? 174 00:07:57,904 --> 00:07:59,680 Fracture line was depressed at an angle. 175 00:07:59,740 --> 00:08:01,549 Well, what about the time of death? 176 00:08:01,642 --> 00:08:05,021 Between 9:00 and 11:00. 11:30 at the latest. 177 00:08:05,078 --> 00:08:06,386 Anything on the tox screen? 178 00:08:06,480 --> 00:08:09,826 No. Nothing other than a slightly elevated blood alcohol level. 179 00:08:09,884 --> 00:08:11,386 One or two glasses of white wine. 180 00:08:11,452 --> 00:08:13,227 Met that special someone for a drink. 181 00:08:13,288 --> 00:08:14,926 Now all we gotta do is find the bar. 182 00:08:14,989 --> 00:08:17,230 Actually, it's an art gallery. 183 00:08:18,661 --> 00:08:20,004 His hand was stamped. 184 00:08:20,062 --> 00:08:22,099 I didn't see a stamp. No, you wouldn't have. 185 00:08:22,631 --> 00:08:24,907 Not unless you were carryin' a black light. 186 00:08:25,367 --> 00:08:26,471 BRISCOE: Click? 187 00:08:26,535 --> 00:08:29,745 Yeah, I had someone track down the address, 188 00:08:29,806 --> 00:08:32,548 thought I owed you for how long it took this morning. 189 00:08:33,276 --> 00:08:35,950 Click Gallery. 643 West 24th Street. 190 00:08:36,079 --> 00:08:38,424 It's a block from where he got off the bus. 191 00:08:39,050 --> 00:08:40,461 Yeah, I remember him. 192 00:08:40,518 --> 00:08:42,555 He didn't exactly blend in with the crowd here. 193 00:08:42,620 --> 00:08:43,928 Did he come in with anybody? 194 00:08:43,988 --> 00:08:46,696 Not that I saw. I figured he must be a buyer. 195 00:08:46,757 --> 00:08:47,758 WW do you Say that? 196 00:08:47,825 --> 00:08:50,306 He was talking a lot with one of the artists showing last night. 197 00:08:50,362 --> 00:08:51,841 Well, which one? 198 00:08:51,897 --> 00:08:53,240 Ellen Brightman. 199 00:08:54,366 --> 00:08:56,676 BRISCOE: (SCOFFS) Television sets? 200 00:08:56,735 --> 00:08:58,181 Installation art. 201 00:08:58,237 --> 00:09:01,150 Visual stimuli that force us not just to observe 202 00:09:01,207 --> 00:09:02,777 but to interact with art. 203 00:09:03,142 --> 00:09:04,553 Must-see TV. 204 00:09:05,111 --> 00:09:08,321 This, uh, Slater had a stamp on his wrist. 205 00:09:08,382 --> 00:09:09,986 We do that for special events. 206 00:09:10,050 --> 00:09:11,859 What was the special event last night? 207 00:09:11,919 --> 00:09:13,865 We were raising money for the 9/11 fund. 208 00:09:13,921 --> 00:09:15,195 Hey, was it open to the public? 209 00:09:15,255 --> 00:09:16,859 We had a guest list. 210 00:09:18,126 --> 00:09:19,969 So, Slater's name would have been on it. 211 00:09:20,028 --> 00:09:21,268 Should be. 212 00:09:21,896 --> 00:09:25,742 Yup, looks like Ellen put him down as her guest. 213 00:09:30,439 --> 00:09:32,214 ELLEN: We'd only just met. 214 00:09:32,308 --> 00:09:33,616 BRISCOE: Well, people at the gallery 215 00:09:33,676 --> 00:09:35,815 said you two spent most of the evening together. 216 00:09:35,878 --> 00:09:38,553 He came by to see my exhibit. 217 00:09:38,615 --> 00:09:41,994 He told his wife that he'd be in his office working late. 218 00:09:42,052 --> 00:09:45,363 Only you two were havin' a couple of glasses of white wine together. 219 00:09:45,656 --> 00:09:49,366 What are you saying? Mr. Slater was a happily married man. 220 00:09:49,427 --> 00:09:51,202 ED: I thought you'd only just met. 221 00:09:51,863 --> 00:09:56,005 He hired me to make a surprise video tribute for his wife's 50th birthday. 222 00:09:56,067 --> 00:09:57,672 It's how I support my art. 223 00:09:58,037 --> 00:10:00,017 We met at the gallery, then we came back here 224 00:10:00,072 --> 00:10:01,779 so he could see the studio. 225 00:10:01,840 --> 00:10:03,649 BRISCOE: How long was he here? 226 00:10:03,809 --> 00:10:05,049 About an hour. 227 00:10:05,544 --> 00:10:08,992 We had a lot of discuss. He wanted still shots, home movies, 228 00:10:09,049 --> 00:10:12,963 interviews with his wife's childhood friends, their daughter. 229 00:10:14,521 --> 00:10:16,832 We even did a practice run of him on camera. 230 00:10:18,759 --> 00:10:21,330 SLATER: Is it recording? ELLEN: Say something to her. 231 00:10:21,395 --> 00:10:24,376 Right now? I didn't know I was gonna say anything. 232 00:10:24,432 --> 00:10:26,241 ELLEN: Just be yourself. 233 00:10:27,202 --> 00:10:29,341 Come on, come on, talk to your wife... 234 00:10:29,404 --> 00:10:31,748 (STAMMERS) No, I don't have anything prepared. 235 00:10:31,807 --> 00:10:33,218 ELLEN: Just tell her how you feel. 236 00:10:33,275 --> 00:10:36,256 Imagine her with all her friends. Imagine the big night. 237 00:10:37,280 --> 00:10:39,282 Hi, sweetheart. 238 00:10:40,416 --> 00:10:41,918 Don't be mad. 239 00:10:42,151 --> 00:10:45,860 I know you don't like surprises, but, happy birthday! 240 00:10:47,124 --> 00:10:48,967 How's that? ELLEN: That's great. 241 00:10:54,998 --> 00:10:58,970 I know you don't like surprises, but, happy birthday! 242 00:11:00,004 --> 00:11:01,847 How's that? ELLEN: That's great. 243 00:11:03,141 --> 00:11:05,417 And she has no idea where he went after that? 244 00:11:05,477 --> 00:11:07,287 She offered to call him a car service, 245 00:11:07,346 --> 00:11:09,383 but he said he was gonna grab a cab to Grand Central 246 00:11:09,448 --> 00:11:10,859 and take Metro-North. 247 00:11:10,916 --> 00:11:13,089 Grand Central? What time was this? 248 00:11:13,152 --> 00:11:15,154 Maybe about 9:00, 9:30. 249 00:11:15,221 --> 00:11:17,862 Well, the M.E. puts the time of death no later than 11:00 250 00:11:17,924 --> 00:11:21,667 and this homeless guy said he didn't see a body until well after 9:30. 251 00:11:22,028 --> 00:11:24,941 It still doesn't answer how he ended up at west 108th Street. 252 00:11:24,998 --> 00:11:27,377 Maybe he changed his mind. Decided not to go home. 253 00:11:27,902 --> 00:11:30,109 Or maybe somebody changed it for him. 254 00:11:30,171 --> 00:11:32,082 Look, walk the block with his picture. 255 00:11:32,140 --> 00:11:36,180 See if you can find someone who can tell us where the trail went cold for this man. 256 00:11:37,880 --> 00:11:41,293 So he leaves here, heads over to 10th to grab a cab. 257 00:11:41,350 --> 00:11:44,490 Well, there aren't any shops or anything for him to stop at along the way. 258 00:11:44,553 --> 00:11:48,058 All right. The next train to Riverdale was a 10:20. 259 00:11:48,124 --> 00:11:49,899 If he told his wife he was workin' late, 260 00:11:49,959 --> 00:11:53,304 I doubt he'd want to take a chance to pick up a Danish and coffee. 261 00:11:53,363 --> 00:11:54,774 What about that loadin' dock? 262 00:11:54,831 --> 00:11:56,834 Maybe somebody over there saw somethin'. 263 00:11:58,502 --> 00:11:59,947 WORKER: Holiday's are killin' us. 264 00:12:00,004 --> 00:12:01,779 Wholesalers don't get us the shipments 'til 5:00, 265 00:12:01,839 --> 00:12:04,251 then we gotta load the trucks, get 'em out by midnight. 266 00:12:04,308 --> 00:12:05,378 Were you guys out here Wednesday night? 267 00:12:05,444 --> 00:12:07,287 Uh, Monday through Friday. 268 00:12:07,345 --> 00:12:10,349 Well, we're lookin' for anybody who might've seen this man. 269 00:12:10,415 --> 00:12:13,259 We think he might have been grabbed off the street somewhere along this block. 270 00:12:13,318 --> 00:12:15,229 It would've been like 9:00, 9:30. 271 00:12:15,288 --> 00:12:18,132 He was wearin' a suit and tie. Uh, beige overcoat. 272 00:12:18,191 --> 00:12:19,431 He could have walked right by here. 273 00:12:19,492 --> 00:12:21,733 If it's this one guy I'm thinkin' about, he didn't walk by here. 274 00:12:21,794 --> 00:12:23,364 ED: So, you saw him? 275 00:12:23,429 --> 00:12:25,603 Couldn't tell you if it was him or not. I was smokin' a cigarette. 276 00:12:25,666 --> 00:12:28,476 I saw this one guy talkin' to some other guy. 277 00:12:28,802 --> 00:12:29,803 Do you remember that guy? 278 00:12:29,870 --> 00:12:32,544 Uh, could be him, I don't know. It was across the street. 279 00:12:32,606 --> 00:12:34,176 ED: Well, what'd the other one look like? 280 00:12:34,241 --> 00:12:35,744 Workin' guy, had a ball cap on. 281 00:12:35,810 --> 00:12:38,654 They were both standin' near a van over there. 282 00:12:38,713 --> 00:12:41,922 What kind of van? A cable van. Centurion. 283 00:12:41,983 --> 00:12:43,462 Reggie did mention a cable van. 284 00:12:43,518 --> 00:12:44,792 The only reason I remember that 285 00:12:44,853 --> 00:12:47,960 is 'cause the, uh, well-dressed guy got in on the driver's side. 286 00:12:48,090 --> 00:12:49,433 ED: Thanks, bro. 287 00:12:50,226 --> 00:12:51,671 PILSON: That last appointments at 5:00. 288 00:12:51,727 --> 00:12:54,469 I don't show anybody out in Chelsea at that time or after. 289 00:12:54,530 --> 00:12:57,512 Was there any service interruption in the area? New installations? 290 00:12:57,567 --> 00:12:58,637 No, not around there. 291 00:12:58,702 --> 00:13:01,046 I mean, since 9/11 we tabled all the upgrades. 292 00:13:01,104 --> 00:13:02,481 As a matter of fact, we're havin' a hard enough time 293 00:13:02,539 --> 00:13:03,984 layin' all the optics downtown. 294 00:13:04,040 --> 00:13:07,318 Well, this witness was pretty sure it was one of your vans. 295 00:13:07,378 --> 00:13:09,722 Any of your guys ever take the vans home for the night? 296 00:13:09,780 --> 00:13:12,260 Nah. they'll go out for a bite or something after work, 297 00:13:12,316 --> 00:13:15,059 but they don't take the vans home overnight, no. 298 00:13:15,687 --> 00:13:17,325 Oh, hold on a second. 299 00:13:17,422 --> 00:13:20,869 You know, one of my cable installers reported a van stolen Wednesday night. 300 00:13:20,926 --> 00:13:22,269 Where? 301 00:13:22,327 --> 00:13:24,102 Uh, I don't have any information about that. 302 00:13:24,162 --> 00:13:25,972 We need to talk to that installer. 303 00:13:26,032 --> 00:13:27,238 No problem. 304 00:13:30,370 --> 00:13:32,043 BRISCOE: We're sorry to intrude on you're breakfast. 305 00:13:32,105 --> 00:13:33,550 No, no, it's okay. What can I for you? 306 00:13:33,606 --> 00:13:35,314 Mr. Garcia, we need to ask you a few questions 307 00:13:35,376 --> 00:13:38,289 about that van you reported stolen on Wednesday night. 308 00:13:38,345 --> 00:13:42,020 Well, isn't much to tell. I, uh, finished up a job on 25th and 2nd. 309 00:13:42,082 --> 00:13:45,496 I came down with my gear and the van was gone. 310 00:13:45,554 --> 00:13:46,897 What time was that? 311 00:13:47,522 --> 00:13:49,661 I got there sometime around 4:00. 312 00:13:50,358 --> 00:13:53,464 Spent maybe, you know, 20, 30 minutes upstairs. 313 00:13:53,528 --> 00:13:55,668 BRISCOE: So, about 4:30 then? 314 00:13:55,998 --> 00:13:57,204 Yeah, yeah, I guess. 315 00:13:57,266 --> 00:14:00,008 Did you happen to notice anybody hangin' around the van when you went up? 316 00:14:00,069 --> 00:14:01,912 You know, maybe eyeing it? 317 00:14:01,971 --> 00:14:03,678 Mmm, no. No, I didn't see anyone. 318 00:14:03,739 --> 00:14:06,346 (CELL PHONE RINGING) Oh, excuse me. Yeah. 319 00:14:07,010 --> 00:14:09,251 That's a lot of trouble for a stolen van. 320 00:14:09,313 --> 00:14:12,453 Well, we think it may be connected to another crime. 321 00:14:12,516 --> 00:14:14,929 Okay, thanks, but tell them not to move it, all right? 322 00:14:15,053 --> 00:14:16,589 Lennie, that's Cordova. We gotta go. 323 00:14:16,654 --> 00:14:18,190 Sorry to bother you and your family. 324 00:14:18,256 --> 00:14:19,667 No, no, it's okay. 325 00:14:22,193 --> 00:14:24,674 We roll up, find these two citizens inside 326 00:14:24,730 --> 00:14:26,835 trying to help themselves to some free HBO. 327 00:14:26,899 --> 00:14:28,674 Oh, they say anything? Yeah. 328 00:14:28,734 --> 00:14:29,974 "We ain't doin' nothin'." 329 00:14:30,035 --> 00:14:32,743 All right. we're gonna have a little heart-to-heart with these two. 330 00:14:32,805 --> 00:14:36,583 Meantime call operations and have them tow the van to the auto lab. 331 00:14:36,643 --> 00:14:39,419 And don't let anybody touch anything inside or out. Come on. 332 00:14:39,479 --> 00:14:41,015 OFFICER: You got it, Detectives. 333 00:14:41,114 --> 00:14:43,219 You hear me? They're gonna fry your ass 334 00:14:43,283 --> 00:14:44,854 unless you start tellin' me what happened. 335 00:14:44,919 --> 00:14:46,193 What happened with what? 336 00:14:46,253 --> 00:14:49,097 Cable vans don't just drive off by themselves. 337 00:14:49,156 --> 00:14:50,362 We didn't steal that van. 338 00:14:50,424 --> 00:14:51,562 So, how'd it get there then? 339 00:14:51,625 --> 00:14:53,503 It's just been there, man. I don't know. 340 00:14:53,562 --> 00:14:55,803 You know, the truth is, that van is the least of your worries. 341 00:14:55,864 --> 00:14:57,810 We got both of you on kidnapping and murder. 342 00:14:57,866 --> 00:15:00,608 You trippin'. Listen, I'm a homicide detective, bro. 343 00:15:00,669 --> 00:15:02,273 You think I care about a jacked van? 344 00:15:02,337 --> 00:15:04,682 Man, all we did was take some cable, that's all, 345 00:15:04,741 --> 00:15:06,379 and we's comin' from a shorty's crib, man. 346 00:15:06,442 --> 00:15:09,389 Somebody said somethin about a cable van by the Harlem River. 347 00:15:09,445 --> 00:15:11,925 So, me and my boys came and checked it out. 348 00:15:11,981 --> 00:15:14,019 And then those cops rolled up on us, man. 349 00:15:14,084 --> 00:15:16,826 BRISCOE: Any luck? We just took some cable, man. 350 00:15:18,188 --> 00:15:19,462 WORKER: I don't see him. 351 00:15:19,523 --> 00:15:21,059 BRISCOE: There's no rush take your time. 352 00:15:21,125 --> 00:15:23,367 Nah. he was older than these guys, less street, 353 00:15:23,428 --> 00:15:26,773 and he had longer hair. You know, he looked like a workin' guy, not a kid. 354 00:15:29,734 --> 00:15:32,716 BRISCOE: Mr. Garcia, got a few seconds? 355 00:15:32,772 --> 00:15:33,910 I was about to end my shift. 356 00:15:33,973 --> 00:15:35,975 Well, this ain't gonna take long. 357 00:15:36,041 --> 00:15:38,282 This about the van? 'Cause I turned in all the forms. 358 00:15:38,344 --> 00:15:39,789 I gave all the information. 359 00:15:39,845 --> 00:15:41,415 Yeah, well, a few other things just popped up. 360 00:15:41,480 --> 00:15:43,154 Yeah. We're gonna need you to come with us. 361 00:15:43,216 --> 00:15:44,786 You mean, right now? Why? 362 00:15:44,851 --> 00:15:47,127 Is this your tool belt Mr. Garcia? 363 00:15:47,621 --> 00:15:48,725 Yes. 364 00:15:48,789 --> 00:15:51,201 Ed, you know what that is? 365 00:15:52,292 --> 00:15:53,863 A beveled edge. 366 00:15:56,197 --> 00:15:58,939 I keep telling you the van got stolen. 367 00:15:59,000 --> 00:16:01,708 Yeah, except for what you're tellin' us ain't addin' up. 368 00:16:01,769 --> 00:16:03,875 Auto says the ignition wasn't popped, 369 00:16:03,939 --> 00:16:06,385 and there's no tool marks on the steering column. 370 00:16:06,442 --> 00:16:08,285 Which means whoever took it had the key. 371 00:16:08,343 --> 00:16:11,415 BRISCOE: Only that can't be 'cause we found the key in your coat pocket. 372 00:16:11,480 --> 00:16:14,257 And that hammer that you had that matches up real nice with the murder weapon. 373 00:16:14,751 --> 00:16:16,856 There's thousands of those kind of hammers. 374 00:16:16,920 --> 00:16:18,831 What'd you wash it off, Tony? 375 00:16:18,888 --> 00:16:20,390 You think that's gonna help? 376 00:16:20,457 --> 00:16:23,769 'Cause we got chemicals and ultra violet light scans. 377 00:16:23,828 --> 00:16:25,466 The odds are you missed somethin. 378 00:16:25,529 --> 00:16:27,099 So, it'd be better for you all the way around 379 00:16:27,164 --> 00:16:28,939 if you tell us before we find out. 380 00:16:28,999 --> 00:16:31,605 BRISCOE: So, d'you get in a beef with this guy Slater or what? 381 00:16:33,605 --> 00:16:35,380 Mr. Garcia's personal effects. 382 00:16:36,508 --> 00:16:38,988 Desk sarge wants to know if he's going or staying? 383 00:16:39,344 --> 00:16:40,345 Staying- 384 00:16:42,148 --> 00:16:43,923 BRISCOE: You're not helpin' yourself here, Tony. 385 00:16:43,983 --> 00:16:46,520 No matter what happened, you're only makin' it worse. 386 00:16:46,719 --> 00:16:49,165 Hey, Lennie, check this out. 387 00:16:51,257 --> 00:16:53,169 Mr. Garcia's health insurance card. 388 00:16:54,394 --> 00:16:56,305 Fairhaven Insurance. 389 00:17:03,771 --> 00:17:07,514 Garcia asked for a lawyer as soon as we found the insurance card. 390 00:17:07,642 --> 00:17:09,417 We confirmed he has a policy with Fairhaven? 391 00:17:09,477 --> 00:17:10,979 Through his health plan at work. 392 00:17:11,045 --> 00:17:12,150 Did he know Slater? 393 00:17:12,214 --> 00:17:13,557 Well, we haven't gotten that far yet. 394 00:17:13,616 --> 00:17:17,723 But the forensic lab says Garcia's hammer tested positive for human blood. 395 00:17:17,787 --> 00:17:20,529 Well, the sample's too degraded for typing. Slater's? 396 00:17:20,589 --> 00:17:23,594 The lab thinks he might have used some kind of cleaning agent. 397 00:17:23,660 --> 00:17:25,003 Do we have anything on motive? 398 00:17:25,061 --> 00:17:28,804 So far, just the connection to the health insurance company Slater worked for. 399 00:17:29,599 --> 00:17:31,807 You guys process Garcia, I'll run it down. 400 00:17:36,541 --> 00:17:39,954 Mr. Garcia's covered by one of our group health insurance plans. 401 00:17:40,077 --> 00:17:42,319 What was Mr. Slater's connection to him? 402 00:17:42,781 --> 00:17:45,557 Mr. Slater was the plan's coordinator. 403 00:17:45,617 --> 00:17:48,291 He coordinated the selection of in-plan providers, 404 00:17:48,387 --> 00:17:51,028 coverage issues, things of that nature. 405 00:17:51,090 --> 00:17:53,593 Did he have any direct involvement with Mr. Garcia? 406 00:17:54,694 --> 00:17:57,402 Most communication would've gone through Ms. Reeves. 407 00:17:57,464 --> 00:17:59,444 She was the Garcia's claims manager. 408 00:18:00,667 --> 00:18:03,911 Did Mr. Garcia have any problems with his coverage? 409 00:18:04,438 --> 00:18:06,475 Uh, as much as we'd like to help, 410 00:18:06,540 --> 00:18:10,044 the medical records or conditions of our insured 411 00:18:10,110 --> 00:18:11,681 are a matter of strict privilege. 412 00:18:11,746 --> 00:18:14,659 These records are now part of a murder investigation. 413 00:18:14,716 --> 00:18:17,424 I'm sorry, but that doesn't change our obligation 414 00:18:17,519 --> 00:18:19,829 to maintain the insured's privacy. 415 00:18:23,793 --> 00:18:25,204 If we can confirm the kidnapping, 416 00:18:25,261 --> 00:18:26,968 we're probably looking at murder one. 417 00:18:27,029 --> 00:18:28,770 Well, we might have a problem with that. 418 00:18:28,831 --> 00:18:30,778 Fairhaven won't release his medical records. 419 00:18:30,834 --> 00:18:32,040 Why not? 420 00:18:32,135 --> 00:18:34,843 They claim they're protecting the privacy of their insured. 421 00:18:35,172 --> 00:18:37,709 An insured who murdered one of their employees. 422 00:18:37,774 --> 00:18:39,310 Bureaucracy run wild. 423 00:18:39,376 --> 00:18:41,482 The cost of a litigious society. 424 00:18:42,113 --> 00:18:43,649 Get a subpoena. 425 00:18:47,685 --> 00:18:49,665 SERENA: Your Honor, the People's subpoena for medical files 426 00:18:49,721 --> 00:18:51,895 is directed at Fairhaven Insurance. 427 00:18:51,957 --> 00:18:54,836 The defendant has no standing here to quash that application. 428 00:18:54,894 --> 00:18:57,500 Judge, it's our position that in seeking these medical records, 429 00:18:57,563 --> 00:18:59,099 the People hope to establish a motive 430 00:18:59,164 --> 00:19:01,577 for the murder indictment my client is currently charged with. 431 00:19:02,402 --> 00:19:05,042 Why? What's in these medical records? 432 00:19:05,372 --> 00:19:08,046 So far, the insurance company's refused to tell us anything. 433 00:19:08,108 --> 00:19:11,147 Because we've found no basis on which to terminate the privilege. 434 00:19:11,212 --> 00:19:13,419 Your Honor, when the defendant enrolled with Fairhaven, 435 00:19:13,481 --> 00:19:15,188 he signed a release form allowing the company 436 00:19:15,249 --> 00:19:18,492 to share his medical information with anyone the company deemed necessary. 437 00:19:18,553 --> 00:19:20,158 Is that true, Mr. Margolis? 438 00:19:20,222 --> 00:19:21,599 Yes, Your Honor. 439 00:19:22,124 --> 00:19:24,730 Then tell me what the hell we're all doing here? 440 00:19:25,093 --> 00:19:28,870 The records that fall within the scope of the subpoena are not Mr. Garcia's. 441 00:19:28,931 --> 00:19:30,605 Whose medical records are they? 442 00:19:32,168 --> 00:19:33,442 His daughter's. 443 00:19:36,339 --> 00:19:37,443 What's wrong with her? 444 00:19:37,507 --> 00:19:38,815 SERENA: Well, according to her teacher, 445 00:19:38,875 --> 00:19:42,949 Courtney Garcia suffers from CML. Chronic Myelogenous Leukemia. 446 00:19:43,013 --> 00:19:44,458 How old is she? Nine. 447 00:19:45,583 --> 00:19:48,154 Why would the insurance company want to keep us in the dark on this? 448 00:19:48,218 --> 00:19:50,699 JACK: My guess is once they realized Garcia's legal position, 449 00:19:50,755 --> 00:19:52,962 they saw an opportunity to protect themselves. 450 00:19:53,024 --> 00:19:55,868 Well, whatever the issues are involved with Courtney Garcia's care, 451 00:19:55,927 --> 00:19:58,567 neither her father nor Fairhaven want them coming out. 452 00:19:58,630 --> 00:19:59,871 What are the issues involved? 453 00:19:59,932 --> 00:20:01,309 Well, so far, we don't know. 454 00:20:02,001 --> 00:20:05,710 Garcia's lawyer claims releasing his daughter's medical records 455 00:20:05,771 --> 00:20:08,615 violates his right against self-incrimination. 456 00:20:08,674 --> 00:20:10,746 So, Garcia's hiding behind his daughter, 457 00:20:10,811 --> 00:20:12,722 and Fairhaven's hiding behind Garcia. 458 00:20:12,779 --> 00:20:14,918 This is one big smokescreen. 459 00:20:15,349 --> 00:20:17,295 Does this child have a mother? SERENA: Yes. 460 00:20:17,351 --> 00:20:19,798 Find her. Find out what she has to say. 461 00:20:21,456 --> 00:20:24,062 My husband's a good man. Good father. 462 00:20:24,759 --> 00:20:26,238 I'm sure he is, Mrs. Garcia, 463 00:20:26,294 --> 00:20:28,501 but so far he refuses to tell us anything. 464 00:20:29,131 --> 00:20:30,474 COURTNEY: Mommy. 465 00:20:30,899 --> 00:20:32,537 You said you'd read to me. 466 00:20:33,369 --> 00:20:35,508 I will, sweetheart, I'll be right in. 467 00:20:36,271 --> 00:20:38,946 Just give me a few minutes, with this lady, okay? 468 00:20:39,175 --> 00:20:40,381 It's okay. 469 00:20:41,778 --> 00:20:43,655 Just get in bed and I'll be right in. 470 00:20:46,449 --> 00:20:50,057 Mrs. Garcia, we need to know why your husband would have attacked Mr. Slater. 471 00:20:52,289 --> 00:20:55,395 His lawyer says you just want information so you can send him to jail. 472 00:20:55,493 --> 00:20:57,404 We can't make any decision about your husband 473 00:20:57,461 --> 00:20:59,533 until we understand what happened and why. 474 00:21:02,000 --> 00:21:03,946 My husband's lawyer says that you can't force me 475 00:21:04,002 --> 00:21:06,744 to give evidence against him because I'm his wife. 476 00:21:08,875 --> 00:21:10,718 Well, your husband's lawyer is mistaken, 477 00:21:12,211 --> 00:21:14,555 and if he does find a judge willing to entertain his motion, 478 00:21:14,647 --> 00:21:16,888 we'll be forced to make a motion of our own. 479 00:21:18,152 --> 00:21:20,325 To appoint a guardian to your daughter. 480 00:21:21,622 --> 00:21:23,932 What do you mean a guardian? For what? 481 00:21:24,058 --> 00:21:27,267 To ensure that someone's acting in your daughter's best interest. 482 00:21:27,996 --> 00:21:29,270 You can't do that. 483 00:21:29,330 --> 00:21:32,903 If you don't provide us with her medical records, we won't have a choice. 484 00:21:37,907 --> 00:21:41,445 Mrs. Garcia's consent requires that you produce 485 00:21:41,510 --> 00:21:44,218 the complete medical records of her daughter, Courtney. 486 00:21:44,280 --> 00:21:46,191 And the court's subpoena requires that you answer 487 00:21:46,248 --> 00:21:49,162 any questions we might have in relation to those records. 488 00:21:51,655 --> 00:21:54,397 The girl has leukemia. When was she first diagnosed? 489 00:21:54,458 --> 00:21:55,994 Six months ago. 490 00:21:56,059 --> 00:21:58,768 And what was Warren Slater's involvement with her case? 491 00:21:58,830 --> 00:22:02,141 He was the senior member of a committee which approved treatment. 492 00:22:02,200 --> 00:22:04,680 Were there any problems with Courtney's coverage? 493 00:22:05,470 --> 00:22:08,247 Was treatment withheld or denied in any way? 494 00:22:10,175 --> 00:22:14,624 We recently authorized 190,000 for a bone marrow transplant. 495 00:22:14,680 --> 00:22:17,251 I'd call that adequate coverage, wouldn't you? 496 00:22:17,316 --> 00:22:19,957 We're more concerned with what her father thought. 497 00:22:23,223 --> 00:22:26,898 If you'd like, we could continue these questions in front of a grand jury. 498 00:22:30,898 --> 00:22:34,072 She was initially treated with hydroxyurea 499 00:22:34,135 --> 00:22:36,172 to get her white blood cell count down. 500 00:22:36,704 --> 00:22:39,151 Once she was stabilized, we told the Garcias 501 00:22:39,207 --> 00:22:41,244 it was time to consider a BMT. 502 00:22:41,309 --> 00:22:42,617 A BMT? 503 00:22:42,711 --> 00:22:44,622 A bone marrow transplant. 504 00:22:44,713 --> 00:22:45,987 They opposed it? 505 00:22:47,517 --> 00:22:49,121 They got a second opinion. 506 00:22:53,556 --> 00:22:56,696 BMTs are a standard treatment, but they're no panacea. 507 00:22:56,860 --> 00:23:01,172 Success rates with an unrelated matched donor are around 50 to 60%. 508 00:23:01,231 --> 00:23:03,734 Not great odds. No. Even worse in this case. 509 00:23:03,800 --> 00:23:05,802 Given the fact that Courtney has no siblings 510 00:23:05,869 --> 00:23:07,907 and that she's of Hispanic decent, 511 00:23:07,972 --> 00:23:11,579 her chances of finding a compatible donor are very slim. 512 00:23:11,643 --> 00:23:14,317 I also advised the Garcias that if they chose a BMT, 513 00:23:14,379 --> 00:23:17,486 the best hospital was here as opposed to Brady Memorial 514 00:23:17,550 --> 00:23:19,621 where Fairhaven has a contract. 515 00:23:19,685 --> 00:23:21,358 Brady Memorial's not up to par? 516 00:23:21,420 --> 00:23:24,560 Well, they've only been performing BMTs for two years. 517 00:23:25,458 --> 00:23:28,167 So, what treatment did you recommend, Dr. Friedman? 518 00:23:29,029 --> 00:23:30,372 Gleevec? 519 00:23:30,430 --> 00:23:31,966 It's a newly approved FDA drug, 520 00:23:32,032 --> 00:23:35,570 and early studies show a cure rate of almost 90% for CML. 521 00:23:35,635 --> 00:23:38,515 Explains why Garcia was so anxious to get the treatment. 522 00:23:39,207 --> 00:23:40,777 Why is the insurance company opposed? 523 00:23:41,242 --> 00:23:44,052 $2,500 a month, potentially for life. 524 00:23:44,111 --> 00:23:46,854 Well, it's a hell of a lot more than a bone marrow transplant. 525 00:23:46,915 --> 00:23:48,917 If there was criminal conduct here, believe me, 526 00:23:48,984 --> 00:23:50,895 I'd be the first one to go after them, 527 00:23:50,953 --> 00:23:52,830 but there were medical opinions on both sides. 528 00:23:52,888 --> 00:23:55,095 No. I'm not talking about going after Fairhaven, 529 00:23:55,157 --> 00:23:57,638 I'm talking about what was in this father's mind. 530 00:23:57,694 --> 00:23:59,674 Take a look at the autopsy photos. 531 00:24:01,798 --> 00:24:05,143 Part of our job is to differentiate criminal conduct. 532 00:24:05,735 --> 00:24:07,682 In my mind, there's a huge difference 533 00:24:07,738 --> 00:24:10,150 between killing someone over a parking space 534 00:24:10,774 --> 00:24:14,278 and killing someone you think just gave your daughter a death sentence. 535 00:24:14,345 --> 00:24:16,883 Let's take murder one off the table. Offer murder two. 536 00:24:17,983 --> 00:24:21,192 Garcia can make a pitch for leniency in front of the sentencing judge. 537 00:24:22,354 --> 00:24:23,594 Do it. 538 00:24:27,994 --> 00:24:30,873 MARGOLIS: You're still talking about a 15-to-life minimum. 539 00:24:32,164 --> 00:24:33,837 I can't do this. 540 00:24:33,900 --> 00:24:36,745 I don't think you understand, this is a very generous offer. 541 00:24:36,803 --> 00:24:39,079 Your client should be aware that if he declines it, 542 00:24:39,139 --> 00:24:41,642 we're prepared to present murder one to the grand jury. 543 00:24:42,276 --> 00:24:43,346 Murder one? 544 00:24:43,410 --> 00:24:46,449 When he took Mr. Slater captive, he committed a kidnapping. 545 00:24:46,514 --> 00:24:49,324 The murder occurred during the commission of an underlying felony. 546 00:24:51,119 --> 00:24:52,427 I can't go to jail. 547 00:24:52,520 --> 00:24:55,126 We're way beyond whether you're going to prison, Mr. Garcia. 548 00:24:55,189 --> 00:24:57,397 The only question now is whether it's forever. 549 00:24:57,927 --> 00:25:00,168 I did what I did to save my daughter's life. 550 00:25:00,896 --> 00:25:04,105 MARGOLIS: Tony. Courtney won't be here in 15 years. 551 00:25:04,933 --> 00:25:08,381 Probably won't be here in six months. She needs me now. 552 00:25:11,274 --> 00:25:12,878 You have your answer, counselors. 553 00:25:13,810 --> 00:25:15,222 You also have our defense. 554 00:25:20,618 --> 00:25:21,892 Justification? 555 00:25:22,620 --> 00:25:24,691 Taking of life in defense of another. 556 00:25:25,924 --> 00:25:28,131 If it works, he walks out a free man. 557 00:25:29,328 --> 00:25:32,241 It's the only chance I have to be there for my daughter. 558 00:25:38,805 --> 00:25:41,809 Garcia's position is that it was justifiable homicide 559 00:25:41,874 --> 00:25:43,876 because Slater was killing his daughter 560 00:25:43,943 --> 00:25:45,548 by not giving her the Gleevec. 561 00:25:46,313 --> 00:25:48,088 It's the defense of last resort. 562 00:25:48,849 --> 00:25:52,922 A jury might swallow it if they believe Slater was aware of the drug's promise 563 00:25:52,986 --> 00:25:55,695 but opted for a bone marrow transplant instead. 564 00:25:55,757 --> 00:25:58,533 But Garcia would have to show he had a reasonable belief 565 00:25:58,660 --> 00:26:01,231 that by killing Slater he would save his daughter. 566 00:26:01,296 --> 00:26:04,744 According to the file, Jack, the original claims manager 567 00:26:04,800 --> 00:26:06,802 concurred with the second opinion. 568 00:26:06,869 --> 00:26:08,906 Slater was the one who blocked it. 569 00:26:09,004 --> 00:26:10,745 There's no way one man made this decision. 570 00:26:10,806 --> 00:26:13,252 Even if he did, he can't justify murder. 571 00:26:14,611 --> 00:26:16,682 Let's hope a jury agrees with you. 572 00:26:17,180 --> 00:26:19,319 You know, World Trade Center or not, 573 00:26:19,383 --> 00:26:22,660 people today want to hear about cooperation and sacrifice. 574 00:26:22,719 --> 00:26:25,792 They don't want to hear about greed and a corporate bottom line. 575 00:26:25,857 --> 00:26:28,497 Warren Slater was killed for doing nothing more than his job. 576 00:26:29,027 --> 00:26:30,165 True. 577 00:26:30,528 --> 00:26:32,439 But if they portray him as a man who blocked 578 00:26:32,497 --> 00:26:34,307 this little girl's last chance of survival, 579 00:26:34,366 --> 00:26:36,004 I'm not sure a jury will care. 580 00:26:36,402 --> 00:26:38,040 It's our job to make them care. 581 00:26:41,907 --> 00:26:44,582 RODGERS: The impact was to the rear of Mr. Slater's skull. 582 00:26:44,644 --> 00:26:47,386 Indicating he'd been attacked from behind. 583 00:26:47,881 --> 00:26:51,328 The force of the blow crushed the skull and penetrated deep into the brain matter. 584 00:26:51,818 --> 00:26:55,494 I'm showing you what has been marked in evidence as People's nine. 585 00:26:56,323 --> 00:27:00,533 Did you draw any conclusion as to whether this hammer was the murder weapon? 586 00:27:00,594 --> 00:27:02,005 It was. 587 00:27:02,062 --> 00:27:04,907 Did you find any evidence of defensive wounds? 588 00:27:05,066 --> 00:27:06,511 No. I did not. 589 00:27:06,568 --> 00:27:09,310 And what conclusion did you draw from that fact? 590 00:27:09,371 --> 00:27:13,821 That there was no struggle, and that Mr. Slater probably never even knew what hit him. 591 00:27:15,945 --> 00:27:17,947 We heard testimony that Mr. Slater 592 00:27:18,014 --> 00:27:20,858 denied Courtney Garcia coverage for Gleevec 593 00:27:21,417 --> 00:27:24,228 in favor of a bone marrow transplant. 594 00:27:24,521 --> 00:27:27,695 Yes, and it was absolutely the right call. 595 00:27:28,125 --> 00:27:29,570 Why do you say that? 596 00:27:29,960 --> 00:27:32,065 Gleevec looks good in the early studies, 597 00:27:32,129 --> 00:27:34,974 but no one really knows if it will pan out long term. 598 00:27:35,667 --> 00:27:40,810 That's why we believe a BMT holds the best hope for Courtney's long-term survival. 599 00:27:40,872 --> 00:27:42,977 Was that Mr. Slater's opinion as well? 600 00:27:43,042 --> 00:27:44,680 Warren took his job very seriously. 601 00:27:45,778 --> 00:27:48,122 He believed insurance could save lives, 602 00:27:48,180 --> 00:27:50,922 but only if it was applied responsibly. 603 00:27:51,417 --> 00:27:54,729 He thought the provision of Gleevec would be irresponsible then? 604 00:27:55,555 --> 00:27:57,967 We've all seen promising drugs come and go. 605 00:27:58,758 --> 00:28:02,365 Warren wouldn't risk the company's future on an unproven product. 606 00:28:02,429 --> 00:28:03,841 That would've been a breach of trust. 607 00:28:03,898 --> 00:28:08,347 So, cost didn't have anything to do with the company's decision? 608 00:28:10,338 --> 00:28:14,116 Cost is always part of the equation. 609 00:28:14,176 --> 00:28:16,452 If we covered every treatment or drug on the market, 610 00:28:16,512 --> 00:28:18,753 the entire insurance industry would go bankrupt. 611 00:28:19,681 --> 00:28:21,388 Sometimes we have to say no 612 00:28:22,251 --> 00:28:23,993 when all people want to hear is yes. 613 00:28:24,053 --> 00:28:28,160 It's difficult, but it's just a fact of life. 614 00:28:31,227 --> 00:28:34,072 In Courtney Garcia's case, it's also a fact of death, isn't it? 615 00:28:34,465 --> 00:28:36,467 The decision to deny coverage for Gleevec? 616 00:28:36,534 --> 00:28:37,979 JACK: Objection. JUDGE: Sustained. 617 00:28:40,604 --> 00:28:43,518 Tell me, Ms. Ames, how much does Gleevec cost to administer, roughly? 618 00:28:43,909 --> 00:28:45,513 About $2,500. 619 00:28:45,577 --> 00:28:48,615 That's per month, possibly for life? 620 00:28:48,680 --> 00:28:50,216 Yes. 621 00:28:50,282 --> 00:28:54,891 So, figure a life expectancy of about 70 years, that makes it about $2,000,000. 622 00:28:55,821 --> 00:28:57,528 It's a lot more than a bone marrow transplant. 623 00:28:57,623 --> 00:29:02,835 The BMT had long-term studies supporting its effectiveness. Gleevec didn't. 624 00:29:02,896 --> 00:29:05,570 Ms. Ames, the likelihood that Courtney Garcia will find 625 00:29:05,632 --> 00:29:08,511 a bone marrow donor is almost nil, isn't that right? 626 00:29:09,369 --> 00:29:13,011 There are close to a million people on the national donor registry. 627 00:29:13,708 --> 00:29:17,315 How many of those have been confirmed as a positive match for Courtney Garcia to date? 628 00:29:20,915 --> 00:29:22,156 So far, none. 629 00:29:22,218 --> 00:29:23,822 So, you approved a treatment 630 00:29:23,886 --> 00:29:27,265 that this little girl has no chance of ever living long enough to receive. 631 00:29:30,859 --> 00:29:32,840 MARGOLIS: Maybe that was the point all along. 632 00:29:39,669 --> 00:29:42,583 All I'm saying is the man's daughter was dying. 633 00:29:42,640 --> 00:29:45,018 That's not something a jury is likely to ignore. 634 00:29:45,109 --> 00:29:46,782 A horrible thing happened to this family. 635 00:29:46,844 --> 00:29:50,087 But since when did a child's illness 636 00:29:50,147 --> 00:29:52,321 become the fault of an insurance company? 637 00:29:52,885 --> 00:29:54,364 JACK: Slater was in a tough spot, 638 00:29:55,187 --> 00:29:57,997 having to decide about an unproven treatment 639 00:29:58,056 --> 00:30:00,502 with the possibility of bankrupting health care 640 00:30:00,559 --> 00:30:02,801 for everyone else that Fairhaven insures. 641 00:30:03,162 --> 00:30:05,608 So, now companies decide who lives and dies. 642 00:30:06,399 --> 00:30:08,140 You're describing corporate euthanasia. 643 00:30:08,668 --> 00:30:11,012 SERENA: Look, we have the technology today to keep people alive, 644 00:30:11,070 --> 00:30:13,381 but just because we can, doesn't mean we should. 645 00:30:13,440 --> 00:30:14,942 LEWIN: She's nine years old, 646 00:30:15,175 --> 00:30:17,883 her father thought there was a drug out there that could save her. 647 00:30:18,312 --> 00:30:20,292 JACK: Which is why we took murder one off the table. 648 00:30:20,948 --> 00:30:23,429 But if he's gonna thumb his nose at the criminal justice system, 649 00:30:23,485 --> 00:30:25,021 what choice do we have? 650 00:30:25,086 --> 00:30:27,362 Maybe it's time we think about offering man one. (TELEPHONE RINGING) 651 00:30:29,457 --> 00:30:31,961 He turned down murder two He doesn't want to do any time. 652 00:30:32,028 --> 00:30:33,029 Yes? 653 00:30:34,363 --> 00:30:35,467 Thank you. 654 00:30:35,898 --> 00:30:38,504 The insurance company has reversed their decision. 655 00:30:38,901 --> 00:30:41,382 They're gonna give Courtney Garcia the Gleevec. 656 00:30:43,040 --> 00:30:44,849 Motion to preclude? That's absurd. 657 00:30:44,941 --> 00:30:47,217 If the jury hears about Fairhaven's reversal, 658 00:30:47,277 --> 00:30:49,018 they'll think that Garcia was right, 659 00:30:49,112 --> 00:30:50,922 that if he killed Warren Slater, 660 00:30:50,982 --> 00:30:52,928 his daughter would get approved for Gleevec. 661 00:30:52,984 --> 00:30:54,327 Which is exactly what's happened. 662 00:30:54,385 --> 00:30:57,229 JACK: Who knows why the insurance company changed its decision? 663 00:30:57,288 --> 00:30:59,393 Public pressure, negative press. 664 00:30:59,457 --> 00:31:02,268 The point is the defendant couldn't have known about it 665 00:31:02,327 --> 00:31:04,273 at the time he killed Mr. Slater. 666 00:31:05,097 --> 00:31:07,202 Judge, our whole defense is premised on the notion 667 00:31:07,266 --> 00:31:08,802 that in taking Mr. Slater's life, 668 00:31:08,867 --> 00:31:11,576 Mr. Garcia believed he was saving the life of his child. 669 00:31:12,172 --> 00:31:13,913 Now, why not let a jury have all of the facts 670 00:31:13,973 --> 00:31:15,919 so that they can decide if that belief was reasonable. 671 00:31:15,976 --> 00:31:19,924 Because Fairhaven's decision could be completely unrelated to Slater's death. 672 00:31:21,415 --> 00:31:23,258 I agree with Mr. McCoy. 673 00:31:23,317 --> 00:31:27,857 Evidence of the company's decision could be given undue weight by a jury. 674 00:31:27,922 --> 00:31:29,526 Your Honor... That said, 675 00:31:30,092 --> 00:31:32,197 I will allow the defense to present evidence 676 00:31:32,260 --> 00:31:35,707 regarding Mr. Garcia's state of mind at the time of the murder. 677 00:31:36,098 --> 00:31:39,705 If this jury wants to decide that the ends justified the means, 678 00:31:40,036 --> 00:31:41,276 so be it. 679 00:31:41,904 --> 00:31:43,781 But I'm not giving them a sneak peak. 680 00:31:49,779 --> 00:31:51,987 MARGOLIS: As the claims manager for Courtney Garcia 681 00:31:52,049 --> 00:31:55,223 you were reasonable for day-to-day decisions regarding her medical coverage. 682 00:31:55,719 --> 00:31:57,426 That's right. I still am. 683 00:31:57,488 --> 00:32:00,026 So, when the issue of Gleevec came up, what was your decision? 684 00:32:00,892 --> 00:32:02,997 It doesn't work that way. 685 00:32:03,061 --> 00:32:05,769 When a treatment exceeds certain parameters... 686 00:32:05,830 --> 00:32:07,070 MARGOLIS: Financial parameters. 687 00:32:08,199 --> 00:32:09,371 Yes. 688 00:32:10,136 --> 00:32:14,175 Then it's my responsibility to present the matter for a committee determination. 689 00:32:14,573 --> 00:32:16,951 And Mr. Slater was the head of that committee? 690 00:32:17,043 --> 00:32:18,317 REEVES: Yes. 691 00:32:20,113 --> 00:32:21,183 You ever speak with the Garcias 692 00:32:21,248 --> 00:32:23,057 about the committee's determination on Gleevec? 693 00:32:24,017 --> 00:32:25,189 Yes. 694 00:32:25,252 --> 00:32:26,663 What'd you tell them? 695 00:32:26,720 --> 00:32:28,256 That it was a close vote. 696 00:32:29,624 --> 00:32:30,694 Three-two. 697 00:32:31,859 --> 00:32:33,998 MARGOLIS: And did you tell Mr. Garcia 698 00:32:34,061 --> 00:32:36,371 that Warren Slater cast the deciding vote? 699 00:32:37,632 --> 00:32:39,009 I may have. 700 00:32:40,135 --> 00:32:42,615 And did you also tell Mr. Garcia of your own vote? 701 00:32:43,605 --> 00:32:46,586 I think I just told him that under different circumstances, 702 00:32:46,642 --> 00:32:48,417 it c:could've gone the other way. 703 00:32:50,447 --> 00:32:52,256 MARGOLIS: Thank you. Nothing further. 704 00:32:53,450 --> 00:32:56,158 You never told the defendant that Warren Slater's murder 705 00:32:56,219 --> 00:32:59,133 would result in the reversal of the committee's decision? 706 00:32:59,356 --> 00:33:01,131 Of course not. Did you imply it? 707 00:33:01,192 --> 00:33:02,330 No. 708 00:33:02,927 --> 00:33:07,603 There were two other votes besides Mr. Slater's denying the coverage. 709 00:33:07,798 --> 00:33:08,903 Yes. 710 00:33:08,967 --> 00:33:12,039 And based on your discussion with Mr. Garcia, he was aware of that. 711 00:33:12,103 --> 00:33:15,550 Objection. the witness can't speculate as to Mr. Garcia's state of mind. 712 00:33:15,607 --> 00:33:21,024 Miss Reeves, did you tell the defendant that three votes had been cast against the Gleevec? 713 00:33:22,949 --> 00:33:24,155 Yes. 714 00:33:26,252 --> 00:33:27,492 Nothing further. 715 00:33:29,323 --> 00:33:30,802 TONY: She's our only child. 716 00:33:31,892 --> 00:33:34,133 My wife and I had such a tough time conceiving. 717 00:33:34,194 --> 00:33:37,664 So, when Courtney was born, she was like a miracle for us. 718 00:33:38,633 --> 00:33:40,112 When was she diagnosed? 719 00:33:40,168 --> 00:33:43,206 Eight months ago She came home from school 720 00:33:44,572 --> 00:33:46,347 complaining she was tired, 721 00:33:46,975 --> 00:33:51,186 and we thought, you know, she was probably just run down. 722 00:33:52,248 --> 00:33:54,728 When your kid's nine years old you never think... 723 00:33:58,655 --> 00:34:00,760 But, uh, it was... It was leukemia. 724 00:34:02,192 --> 00:34:03,728 What was her prognosis? 725 00:34:03,793 --> 00:34:07,331 She responded good to the hydroxyurea, 726 00:34:07,397 --> 00:34:09,935 but Fairhaven told us that was just buying us time, 727 00:34:10,801 --> 00:34:12,246 and that's when they let us know 728 00:34:12,303 --> 00:34:15,284 that Courtney needed a bone marrow transplant. 729 00:34:15,906 --> 00:34:17,613 What'd you think about that? 730 00:34:17,675 --> 00:34:19,519 Well, we didn't know what to think. 731 00:34:19,578 --> 00:34:22,650 So, we got a second opinion and that's when we found out 732 00:34:22,714 --> 00:34:25,593 that Courtney's chances of finding a donor were bad. 733 00:34:25,651 --> 00:34:28,531 What was recommended instead? Gleevec. 734 00:34:28,588 --> 00:34:31,091 And we called Ms. Reeves. She was supportive, 735 00:34:31,658 --> 00:34:33,899 and she told us she had to present it to the committee 736 00:34:34,260 --> 00:34:36,433 and to her boss first, Mr. Slater. 737 00:34:37,564 --> 00:34:41,377 And about a week later, she called back and told us the decision was no. 738 00:34:42,069 --> 00:34:43,207 How'd you react? 739 00:34:43,270 --> 00:34:45,011 (STAMMERS) I said, "How... What the hell do you mean, no? 740 00:34:45,072 --> 00:34:48,020 "There's a drug out there that could save my daughter's life 741 00:34:48,076 --> 00:34:49,487 "and you don't wanna give it to her?" 742 00:34:50,445 --> 00:34:52,288 She just said she was sorry. 743 00:34:54,082 --> 00:34:55,390 What'd you do next? 744 00:34:55,917 --> 00:35:01,698 Well, we tried to register people as marrow donors, we tried to raise money, 745 00:35:02,058 --> 00:35:03,799 but there was just no time. 746 00:35:03,859 --> 00:35:06,840 You know, Courtney was getting sicker and sicker and, 747 00:35:07,564 --> 00:35:10,443 I mean, we... I even called this guy every day, 748 00:35:10,500 --> 00:35:12,070 but he'd never get on the phone. 749 00:35:14,037 --> 00:35:15,710 So, what'd you finally decide to do? 750 00:35:15,772 --> 00:35:17,184 I decided to follow him. 751 00:35:17,976 --> 00:35:21,355 I forced him into my van and we just drove around. 752 00:35:21,412 --> 00:35:22,857 Doing what? 753 00:35:22,914 --> 00:35:24,951 I was just tryin' to tell him about Courtney. 754 00:35:25,083 --> 00:35:27,928 About how she meant everything to us. 755 00:35:27,987 --> 00:35:29,489 He just said there was nothin' he could do. 756 00:35:29,555 --> 00:35:31,228 Only we both knew it wasn't true. 757 00:35:33,259 --> 00:35:34,260 You know? 758 00:35:35,461 --> 00:35:38,306 And that's when I realized that he was never gonna help us. 759 00:35:40,800 --> 00:35:42,143 I'm sorry. 760 00:35:43,003 --> 00:35:45,711 But there's no way I was gonna let this man kill my child. 761 00:35:55,983 --> 00:35:59,693 Mr. Slater wasn't killing your daughter, Mr. Garcia, leukemia was. 762 00:36:00,222 --> 00:36:01,758 Not if she got the Gleevec. 763 00:36:02,324 --> 00:36:04,031 Is that what you believed? 764 00:36:04,092 --> 00:36:05,765 That Gleevec was a guarantee? 765 00:36:05,827 --> 00:36:07,535 It was her only chance. 766 00:36:09,199 --> 00:36:11,475 Come on, Mr. Garcia, 767 00:36:13,269 --> 00:36:18,049 did you really believe that killing Mr. Slater would save your daughter? 768 00:36:19,376 --> 00:36:21,856 Or were you just angry? 769 00:36:21,945 --> 00:36:25,950 Angry at the lousy luck your daughter was forced to endure? 770 00:36:26,016 --> 00:36:29,692 These people had no right to take this away from her! 771 00:36:29,854 --> 00:36:31,299 These people? 772 00:36:34,693 --> 00:36:37,197 I thought it was Mr. Slater who was to blame. 773 00:36:37,263 --> 00:36:38,606 It was Slater. 774 00:36:38,664 --> 00:36:42,134 Three people voted against the coverage, Mr. Garcia. 775 00:36:43,970 --> 00:36:45,677 Would you have killed them all? 776 00:36:46,239 --> 00:36:48,219 When they tell you your daughter's not gonna make it, 777 00:36:48,842 --> 00:36:51,083 then you find out there's a drug out there 778 00:36:51,178 --> 00:36:53,886 that'll give her a chance only you have no way to pay for it. 779 00:36:56,050 --> 00:36:58,758 What the hell was I supposed to do, huh? 780 00:37:00,989 --> 00:37:02,696 Go home, let her die? 781 00:37:13,535 --> 00:37:15,173 MARGOLIS: Tony Garcia killed Warren Slater, 782 00:37:17,007 --> 00:37:18,213 but he isn't a murderer. 783 00:37:20,744 --> 00:37:22,223 He's a good and decent man. 784 00:37:22,979 --> 00:37:26,393 A man like any of us who works hard to provide for his family, 785 00:37:27,018 --> 00:37:28,588 give them everything they need. 786 00:37:29,754 --> 00:37:31,358 Including health care. 787 00:37:33,357 --> 00:37:34,995 So, he took his hard-earned money, 788 00:37:35,293 --> 00:37:36,795 he paid his premiums, 789 00:37:36,862 --> 00:37:39,365 and he thought his insurance company would be there 790 00:37:39,431 --> 00:37:40,933 in the event of a catastrophe. 791 00:37:41,700 --> 00:37:43,111 But when it came, 792 00:37:44,736 --> 00:37:48,378 his insurance company was nowhere to be found. 793 00:37:48,441 --> 00:37:51,650 Even after he discovered a miracle that could save his daughter's life. 794 00:37:52,779 --> 00:37:56,592 In Tony Garcia's mind, it was unthinkable 795 00:37:57,785 --> 00:38:01,494 that a lack of money could condemn a child to death. 796 00:38:02,256 --> 00:38:05,363 Not the leukemia, but a lack of money. 797 00:38:07,328 --> 00:38:12,209 Warren Slater chose profits over a child's life 798 00:38:12,267 --> 00:38:15,408 and paid dearly for his decision. 799 00:38:17,306 --> 00:38:20,310 But that father, who loves his daughter, 800 00:38:21,977 --> 00:38:25,551 genuinely believed that taking Mr. Slater's life 801 00:38:25,715 --> 00:38:27,592 was the only way to save hers. 802 00:38:28,452 --> 00:38:30,432 Correct or not, he believed it. 803 00:38:32,122 --> 00:38:33,760 If it were your daughter 804 00:38:35,193 --> 00:38:36,399 or your son 805 00:38:37,962 --> 00:38:40,272 or your husband or your wife. 806 00:38:41,699 --> 00:38:43,440 Wouldn't you have done the same? 807 00:38:54,380 --> 00:38:56,826 When you think about whether you would have done the same, 808 00:38:57,484 --> 00:39:00,328 I want you to think about what would happen if we all did. 809 00:39:00,386 --> 00:39:05,894 If we all killed every time we were faced with a decision that we thought was unfair. 810 00:39:05,960 --> 00:39:07,837 How many of us would be safe then? 811 00:39:08,796 --> 00:39:11,470 I want you to put yourself in the shoes of the victim. 812 00:39:13,467 --> 00:39:16,381 Because Warren Slater was a family man, too. 813 00:39:17,506 --> 00:39:21,181 A husband who was planning a surprise for his wife's birthday. 814 00:39:21,243 --> 00:39:22,984 On the night he was killed. 815 00:39:27,183 --> 00:39:31,461 It's easy to hate insurance adjusters. 816 00:39:33,456 --> 00:39:38,099 Just as some of you may have thought differently about the police 817 00:39:38,162 --> 00:39:43,043 until we saw them rush into collapsing buildings to save lives. 818 00:39:44,602 --> 00:39:47,515 You may disagree with Warren Slater's decision, 819 00:39:48,573 --> 00:39:51,747 but he made it because he honestly thought it was right. 820 00:39:52,243 --> 00:39:56,659 Why? So that there would be health insurance 821 00:39:56,715 --> 00:40:00,219 and health care for people like you 822 00:40:00,486 --> 00:40:02,022 when you needed it someday. 823 00:40:08,295 --> 00:40:11,071 One can only imagine the pain of a parent 824 00:40:11,131 --> 00:40:14,807 forced to contemplate the death of a child. 825 00:40:15,469 --> 00:40:18,473 But nothing that Warren Slater did 826 00:40:18,539 --> 00:40:20,541 made him deserve to die. 827 00:40:21,342 --> 00:40:25,792 To be beaten to death with a hammer in the street! 828 00:40:29,384 --> 00:40:33,629 You can't place the blame for this child's illness 829 00:40:33,690 --> 00:40:36,830 on his shoulders, as her father did. 830 00:40:36,893 --> 00:40:40,067 And you can't condone what he did 831 00:40:40,129 --> 00:40:44,078 unless you're willing to soak your hands in the same blood as his. 832 00:40:44,501 --> 00:40:48,813 When this defendant chose to take matters in his own hands, 833 00:40:48,872 --> 00:40:52,980 chose to kill out of desperation, 834 00:40:56,748 --> 00:41:01,390 he spurned the very thing that he was fighting for his own daughter. 835 00:41:03,589 --> 00:41:04,863 The sanctity of life. 836 00:41:07,326 --> 00:41:10,136 And no one has the right to do that, 837 00:41:12,466 --> 00:41:15,447 not even a grief-stricken father. 838 00:41:35,724 --> 00:41:39,501 JUDGE: Madam Foreperson, have the members of the jury reached a verdict? 839 00:41:40,396 --> 00:41:41,875 No, we haven't, Your Honor. 840 00:41:42,766 --> 00:41:44,837 JUDGE: As difficult as this case has been, 841 00:41:44,901 --> 00:41:47,347 are you certain you can't reach a verdict? 842 00:41:47,404 --> 00:41:49,782 We've tried, but we're hopelessly deadlocked. 843 00:41:52,843 --> 00:41:55,619 Then I have no choice but to declare a mistrial. 844 00:42:16,002 --> 00:42:17,743 LEWIN: We know what the vote was? 845 00:42:17,804 --> 00:42:19,442 First note from the jury was nine-three. 846 00:42:19,505 --> 00:42:21,486 Wasn't any movement after that. 847 00:42:21,542 --> 00:42:23,681 You know, we can bring this charge 100 times, 848 00:42:23,744 --> 00:42:27,453 I doubt we'd ever find a unanimous jury willing to find this man guilty. 849 00:42:27,514 --> 00:42:29,494 Nine voted for conviction. 850 00:42:29,950 --> 00:42:33,228 Well, good luck explaining that to Warren Slater's widow.