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In the criminal justice
system,
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the people are represented
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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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Do you solemnly swear
that the testimony you give
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to this federal
grand jury will be
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the truth
and nothing but the truth,
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so help you God?
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So help me God.
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Please be seated.
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Are you here under subpoena?
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Yes.
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And you are not
represented by counsel?
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They told me
I didn't need one.
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You understand that your
testimony is being recorded
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and everything you say
is subject to the pains
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and penalties of perjury?
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I'm here to tell the truth.
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But I do have one question.
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Yes?
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He doesn't know I'm here,
does he?
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What do we got?
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Eileen Porter.
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32 years old,
blunt-force trauma to the head.
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Guy in the gurney?
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Her husband, Tom Porter.
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We found him unconscious.
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Still breathing.
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There's a spare room
back there.
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Does anybody else live here?
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Neighbor's saying they use it
as a kind of home office.
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Looks like we got
a lot of dried blood here.
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must have been here
a few hours.
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MLI says it happened sometime
between 8:00 p.m. and midnight.
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Any witnesses?
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No.
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How about cameras
in the building?
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Nope.
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Unis are out checking
street footage.
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No signs of forced entry?
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Locks are undisturbed.
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Well, nothing seems
out of place.
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So probably not
looking at a robbery.
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Her coat's still on.
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The killer could be someone
they know and invited in.
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Maybe somebody
followed them inside.
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I found this in the trash.
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Looks like someone tried
to rinse it off,
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but there are definitely
still traces of blood.
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Let's get that tested
for DNA and prints.
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Who found them?
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Neighbor said they heard
their dog barking.
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They said it went on for hours.
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She finally called 911
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to make sure everything was OK.
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Well, everything was
definitely not OK.
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I wish I'd called
the police sooner.
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Did you happen to see
or hear anything unusual?
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Just the dog barking.
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Anyone coming or going from
the apartment last night?
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I wouldn't know.
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I live upstairs.
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Did anyone have a problem
with Tom or Eileen?
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Maybe someone that lived
in the building?
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They were both so polite.
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Tom works for a nonprofit.
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Eileen is in public service.
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She's an aide to that
congressman, you know,
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the, uh, family values guy.
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Might have to be a little
more specific about that one.
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Rhett Richards.
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That's his name.
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Tom Porter's got
a serious head wound.
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He's in surgery right now.
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Doctors haven't determined
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the full extent
of his injuries yet.
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Did forensics get back to us
on the hammer?
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Yeah, DNA shows that the
blood came from three sources--
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Tom, Eileen, and a third
subject not in the system.
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So our killer must have been
cut in the scuffle,
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which gives us something
to work with.
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Computer crimes has been
analyzing Eileen's devices.
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And when they were looking
at her phone, it rang.
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Who was it?
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Federal prosecutor.
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I called him,
but I got the runaround.
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Those guys wouldn't tell you
if your coat was on fire.
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They're claiming grand jury
secrecy, but I looked him up.
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He works in
the Public Corruption Unit.
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Yeah, and Eileen worked
for Congressman Richards.
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I just read an article
in the "Post"
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about the turnover
in his office.
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His chief of staff resigned,
and she refused to say why.
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Hmm.
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I bet she'll be
a little bit more forthcoming
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if you two paid her a visit.
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Eileen told me
she saw something weird
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in the congressman's
finance reports.
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What do you mean by weird?
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The congressman used
campaign funds
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to pay for his wife's Botox.
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Eileen thought
maybe it was a mistake.
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So she did a little digging,
found out he was using
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the campaign credit card
for expensive dinners,
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trips to the Caribbean,
luxury car leases,
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jewelry for his wife, himself,
and his mistress.
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So what did Eileen do?
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She called the FBI.
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And then we both resigned.
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Did Eileen speak
to a federal prosecutor?
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She was supposed to testify
against the congressman
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in the grand jury.
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Did the congressman
know that?
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Two nights ago,
I was at Eileen's apartment.
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He called her.
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Said if she kept lying
about him, she'd regret it.
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Mr. Family Values.
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At the end of the day,
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the only thing that matters,
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really matters,
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is our family and our faith
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and how we marry those values
as we navigate the world.
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In my house,
we swear by the Golden Rule--
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do unto others as
you'd have them do unto you.
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Thank you.
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Thank you.
- Thank you.
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Thank you so much
for being here.
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Thank you.
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Congresswoman Richards?
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I'm Detective Jalen Shaw.
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This is Detective
Vincent Riley.
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Yes?
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Is there somewhere we can go
and speak in private?
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Now's not a good time.
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We're asking for your
cooperation, Congressman.
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Trying to make
a federal case out of
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a couple of trips to Aruba
and a tennis bracelet?
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We are not here about
some trips or a bracelet.
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No, but if you don't
want to come voluntarily,
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we could always set you up
with a pair of our bracelets.
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Right this way.
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I'm sorry to hear
Eileen died,
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but I had nothing
to do with it.
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She was testifying against
you in the grand jury, right?
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You threatened her
and told her not to cooperate.
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Then 24 hours later,
she winds up dead.
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You realize you're speaking
with a United States
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congressman,
accusing him of murder?
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We're just laying out
the facts, counselor.
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Look, the investigation
into my expenses
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is a total witch hunt.
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So you're not concerned
about the grand jury?
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Yeah. Not one bit.
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In fact, I'd welcome
a public trial.
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Probably rile up the base,
give me a boost in the polls.
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Wow, good for you.
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That being said,
where were you last night
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between 8:00 p.m. and midnight?
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At a fundraising event.
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With about a dozen donors.
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- And my wife.
- We'll look into that.
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In the meantime,
will you consent to a DNA swab?
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Like I said,
I have nothing to hide.
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Let's assume for now
that you're not involved.
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Do you have any thoughts
about who might have
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wanted to kill Eileen?
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Well, a couple of days ago,
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one of my volunteers went
out to lunch with her.
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She said a man came in,
saw Eileen,
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and started swearing, yelling.
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It almost got physical.
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We'll need the name of that
volunteer and the restaurant.
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Oh, yeah.
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Yeah, I remember her.
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She was having lunch.
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This guy came in, drunk,
holding a can of beer.
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Brought his own beer?
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That's dedication.
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Yeah, he--
he was very aggressive.
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He beelined to this woman
and yelled at her.
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Did you hear what he said?
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Something about money,
how she stole from him or--
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anyway, he put the can down,
lunged at her,
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and then two waiters
had to intervene.
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Nobody called the police?
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I offered, but the lady said
she'd handle it.
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So she left, and the guy
followed her outside.
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And you have no idea
who this guy was?
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No.
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Do you still have
that beer can?
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You know, recycling isn't
picked up till tomorrow,
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and we don't sell cans of beer.
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So it'd be
the only one in there.
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All right. Thank you.
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So where are we?
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Spoke to the hospital.
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Tom Porter is now in
a medically induced coma.
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He's got a brain bleed.
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Is he gonna make it?
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Doctor says it's 50/50.
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Lab pulled prints
off of the beer can.
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They belong to Kevin Marshall,
date of birth 7/11/89.
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Get this--Eileen's brother.
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Does he have a rap sheet?
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He sure does.
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Public intoxication, DUI,
and one assault conviction
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for what looks like
a bar fight.
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This is interesting.
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Looks like he filed
a civil lawsuit
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against Eileen
a couple months ago
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in probate court.
- Hmm.
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Do we have an address,
know where he works?
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He's a set carpenter
at a theater
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off of Christopher Street.
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Kevin Marshall?
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Yeah? What's this about?
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Step this way.
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We need to talk to you
about your sister, Eileen.
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Are you kidding me?
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That bitch called
the police on me?
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So I'm guessing
you two not so close, huh?
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Look, guys.
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Where's your hammer?
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Uh, I don't know.
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We borrow each other's tools.
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What's going on?
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Let's find a place to talk.
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Seems like you were
pretty mad at your sister.
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00:10:02,384 --> 00:10:04,038
Eileen and I had
our differences,
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00:10:04,038 --> 00:10:06,649
but she was
the only family I had.
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00:10:06,649 --> 00:10:08,912
You filed
a lawsuit against her.
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00:10:08,912 --> 00:10:11,262
What was that about?
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Our parents are both gone.
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They left us
about a 100 grand each.
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My parents appointed
Eileen trustee,
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and she wanted to give me
a monthly allowance.
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I've had some problems
with addiction,
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but I felt like I should be
able to handle my own money.
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So you guys had
a contentious relationship?
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Yeah, but I didn't kill her.
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Where were you
two nights ago
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00:10:28,976 --> 00:10:31,108
between the hours of 8:00 p.m.
and midnight?
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Here, breaking down the set
until about 2:00 a.m.
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00:10:34,895 --> 00:10:36,592
with about 20 other people.
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Would you be willing
to take a DNA test?
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Sure.
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I want to know
who killed my sister too.
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OK.
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All right, Kevin, think.
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Do you know of anyone
who might have wanted
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00:10:49,083 --> 00:10:50,475
to hurt your sister?
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00:10:50,475 --> 00:10:53,130
The last decent
conversation we had,
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Eileen said
she was volunteering
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00:10:54,871 --> 00:10:56,394
at a homeless shelter.
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00:10:56,394 --> 00:10:58,353
She'd hired one of the guys
to do odd jobs.
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00:10:58,353 --> 00:10:59,310
And what makes you think
this guy had
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00:10:59,310 --> 00:11:00,877
something to do with it?
260
00:11:00,877 --> 00:11:02,009
He was an ex-con.
261
00:11:02,009 --> 00:11:03,793
Did time for burglary.
262
00:11:03,793 --> 00:11:07,362
I told--I told her
it was dangerous,
263
00:11:07,362 --> 00:11:09,146
letting strangers
into her place like that,
264
00:11:09,146 --> 00:11:10,800
but she never listened to me.
265
00:11:10,800 --> 00:11:14,151
Do you know what shelter
she was volunteering at?
266
00:11:14,151 --> 00:11:16,937
No, but it was
near her apartment.
267
00:11:16,937 --> 00:11:18,678
OK.
268
00:11:22,029 --> 00:11:23,726
Benny Kramer?
269
00:11:23,726 --> 00:11:25,206
NYPD.
270
00:11:25,206 --> 00:11:26,250
Come with me.
- For what?
271
00:11:26,250 --> 00:11:27,338
Get up.
272
00:11:27,338 --> 00:11:30,341
Come on.
Come on.
273
00:11:33,475 --> 00:11:35,738
Let me ask you a question.
274
00:11:35,738 --> 00:11:37,871
How many times have you been
in Eileen Porter's apartment?
275
00:11:43,398 --> 00:11:44,355
All, right, listen, man.
276
00:11:44,355 --> 00:11:46,618
This can go one
of two ways, OK?
277
00:11:46,618 --> 00:11:49,143
You can talk to us, or we can
call your parole officer
278
00:11:49,143 --> 00:11:50,361
and get him involved.
279
00:11:50,361 --> 00:11:52,494
I'll pay back the money.
280
00:11:53,364 --> 00:11:57,499
The--tell us about that.
281
00:11:57,499 --> 00:12:00,371
Last time I was at Eileen's,
282
00:12:00,371 --> 00:12:02,286
I saw a couple of 20s
on the counter,
283
00:12:02,286 --> 00:12:07,378
and I pocketed the bills.
284
00:12:07,378 --> 00:12:10,817
I didn't think
that she'd report me.
285
00:12:10,817 --> 00:12:13,210
I'll pay her back.
286
00:12:13,210 --> 00:12:15,343
See, that's not possible.
287
00:12:15,343 --> 00:12:17,562
Benny, Eileen's dead,
288
00:12:17,562 --> 00:12:20,391
killed two nights ago
in her own apartment.
289
00:12:20,391 --> 00:12:22,306
She had her head bashed in.
290
00:12:22,306 --> 00:12:24,569
Where were you
two nights ago?
291
00:12:24,569 --> 00:12:26,876
Same place I always am,
this shelter.
292
00:12:26,876 --> 00:12:27,877
Check the logs.
293
00:12:27,877 --> 00:12:28,922
We will.
294
00:12:28,922 --> 00:12:30,619
Is Eileen's husband OK?
295
00:12:30,619 --> 00:12:33,361
He's in a coma,
so no, he's not OK.
296
00:12:33,361 --> 00:12:34,710
What about the other woman?
297
00:12:34,710 --> 00:12:36,407
Other what--
what are you talking about?
298
00:12:36,407 --> 00:12:37,713
What other woman?
299
00:12:37,713 --> 00:12:40,498
The one that lives
in the guest room.
300
00:12:40,498 --> 00:12:43,675
I painted it last week.
301
00:12:43,675 --> 00:12:45,852
Look, I took a picture.
302
00:12:48,768 --> 00:12:49,986
See?
303
00:12:49,986 --> 00:12:51,074
Is that the woman there?
304
00:12:51,074 --> 00:12:52,119
Yes.
305
00:12:52,119 --> 00:12:53,468
Do you know her name?
306
00:12:53,468 --> 00:12:55,992
Uh, no,
I never really met her.
307
00:13:02,912 --> 00:13:05,349
Guys, how'd you make out
at the Porters' apartment?
308
00:13:05,349 --> 00:13:06,568
Found a hairbrush
in the guest room.
309
00:13:06,568 --> 00:13:07,787
It matches the unknown
DNA of the hammer.
310
00:13:07,787 --> 00:13:09,005
We don't have a hit
in the profile yet.
311
00:13:09,005 --> 00:13:10,572
Somebody's got to know
who she is.
312
00:13:10,572 --> 00:13:11,834
Check this out.
313
00:13:11,834 --> 00:13:13,270
I was looking into
the Porters' financials,
314
00:13:13,270 --> 00:13:15,055
thinking maybe somebody
was paying them rent.
315
00:13:15,055 --> 00:13:16,230
Came up empty on that front,
316
00:13:16,230 --> 00:13:18,145
but I found something
that's just--
317
00:13:18,145 --> 00:13:19,189
it's off.
318
00:13:19,189 --> 00:13:20,451
A few months ago,
it looks like Tom
319
00:13:20,451 --> 00:13:22,758
wired somebody $50,000.
320
00:13:22,758 --> 00:13:24,020
50K?
321
00:13:24,020 --> 00:13:25,065
For a guy who works
in nonprofit,
322
00:13:25,065 --> 00:13:26,153
that's a lot of money.
323
00:13:26,153 --> 00:13:28,242
- Exactly.
- Who'd he send it to?
324
00:13:28,242 --> 00:13:32,072
Looks like a company called
Family Services Consulting.
325
00:13:32,072 --> 00:13:34,378
The owner's name
is Pavlo Golub.
326
00:13:36,685 --> 00:13:39,862
There's a business with
that name in Staten Island.
327
00:13:39,862 --> 00:13:41,255
Found the website.
328
00:13:41,255 --> 00:13:42,952
"Think you can't afford
a family?
329
00:13:42,952 --> 00:13:44,519
"Think again.
330
00:13:44,519 --> 00:13:46,869
I can help make
your dreams come true."
331
00:13:46,869 --> 00:13:48,001
So what?
332
00:13:48,001 --> 00:13:49,829
So Tom Porter sends $50,000
333
00:13:49,829 --> 00:13:51,656
to some cut-rate
adoption agency?
334
00:13:51,656 --> 00:13:53,136
I smell a field trip.
335
00:13:53,136 --> 00:13:56,096
Hop on the ferry, go find out.
336
00:13:59,142 --> 00:14:02,058
I'm a family services
consultant, you know,
337
00:14:02,058 --> 00:14:03,930
like a matchmaker.
338
00:14:03,930 --> 00:14:06,236
I help families
who want children
339
00:14:06,236 --> 00:14:08,760
but can't afford the services
in this country.
340
00:14:08,760 --> 00:14:12,939
I find them pregnant women
or surrogates in Ukraine.
341
00:14:12,939 --> 00:14:14,854
We know
the Porters wired you 50 grand
342
00:14:14,854 --> 00:14:16,464
a couple months ago, yeah?
343
00:14:16,464 --> 00:14:18,335
Were they looking
to adopt a child?
344
00:14:18,335 --> 00:14:22,513
Sorry, I don't want
to betray any confidences.
345
00:14:22,513 --> 00:14:23,645
Can you just ask him?
346
00:14:23,645 --> 00:14:25,299
We'd like to,
347
00:14:25,299 --> 00:14:27,127
but somebody put a hammer
through his skull,
348
00:14:27,127 --> 00:14:29,999
so now he's in a coma.
349
00:14:29,999 --> 00:14:32,001
The Porters were looking
for a surrogate.
350
00:14:32,001 --> 00:14:33,916
And you charged them $50,000?
351
00:14:33,916 --> 00:14:34,961
Yes.
352
00:14:34,961 --> 00:14:36,832
40 for me, 10 for her.
353
00:14:39,487 --> 00:14:41,968
Well, that's a hell
of a business plan.
354
00:14:41,968 --> 00:14:43,708
The woman carries the baby
for nine months
355
00:14:43,708 --> 00:14:45,493
and you pocket 80% of the fee?
356
00:14:45,493 --> 00:14:49,105
$10,000 to a woman
in Ukraine is life-changing.
357
00:14:49,105 --> 00:14:51,978
So you connected them
to a surrogate in Ukraine?
358
00:14:51,978 --> 00:14:52,979
Exactly.
359
00:14:52,979 --> 00:14:54,763
Where is this woman now?
360
00:14:54,763 --> 00:14:58,332
After the pregnancy took,
we arranged with the Porters
361
00:14:58,332 --> 00:15:00,987
to have her come here
to live with them in America.
362
00:15:00,987 --> 00:15:03,163
We'll need a name.
363
00:15:03,163 --> 00:15:04,816
You need more information,
364
00:15:04,816 --> 00:15:07,036
you're gonna have to have
a subpoena.
365
00:15:10,518 --> 00:15:12,128
Darina Meleshko.
366
00:15:12,128 --> 00:15:13,738
That's the name
of the Porters' surrogate.
367
00:15:13,738 --> 00:15:14,826
She's 24 years old.
368
00:15:14,826 --> 00:15:16,089
She's from Kyiv.
369
00:15:16,089 --> 00:15:17,525
She's here on a travel visa,
and she used
370
00:15:17,525 --> 00:15:20,223
the Porters' address
on her visa application.
371
00:15:20,223 --> 00:15:22,617
So she's the one who was
living in the guest room?
372
00:15:22,617 --> 00:15:24,662
For all we know,
she might be our killer.
373
00:15:24,662 --> 00:15:27,187
All right, when's the last
time anybody had eyes on her?
374
00:15:27,187 --> 00:15:29,885
Actually, she opened up
a new bank account yesterday,
375
00:15:29,885 --> 00:15:31,974
deposited a check for $2,000.
376
00:15:31,974 --> 00:15:33,715
Where'd the money come from?
377
00:15:33,715 --> 00:15:35,195
A guy named Dennis Leverett.
378
00:15:35,195 --> 00:15:37,632
He lives in Riverdale.
379
00:15:37,632 --> 00:15:39,982
Well, let's see if he knows
where to find her.
380
00:15:44,160 --> 00:15:45,292
Sure, we know Darina.
381
00:15:45,292 --> 00:15:46,989
She just moved
into our guest room.
382
00:15:46,989 --> 00:15:48,556
Yeah,
and how do you know her?
383
00:15:48,556 --> 00:15:51,820
A friend of a friend told us
about Pavlo Golub.
384
00:15:51,820 --> 00:15:53,430
He introduced us to Darina.
385
00:15:53,430 --> 00:15:55,693
We're going to adopt
her baby.
386
00:15:58,000 --> 00:15:59,828
She told you it was her baby?
387
00:15:59,828 --> 00:16:01,699
Pavlo said she was pregnant,
388
00:16:01,699 --> 00:16:04,615
not in a position
to care for a child.
389
00:16:04,615 --> 00:16:06,139
It's a girl.
390
00:16:06,139 --> 00:16:07,923
And how much
did you pay Pavlo?
391
00:16:07,923 --> 00:16:10,447
$250,000.
392
00:16:11,840 --> 00:16:13,450
It's the going rate.
393
00:16:15,757 --> 00:16:18,020
And he never mentioned
anything about another couple?
394
00:16:18,020 --> 00:16:20,370
No, why?
395
00:16:20,370 --> 00:16:22,590
Do you know where
Darina is right now?
396
00:16:22,590 --> 00:16:25,419
We sent her on a staycation
for a couple of days
397
00:16:25,419 --> 00:16:26,637
at a nice hotel.
398
00:16:43,480 --> 00:16:46,788
Darina Meleshko, we've got
some questions for you.
399
00:16:46,788 --> 00:16:47,963
Whoa, whoa, whoa, whoa.
400
00:16:47,963 --> 00:16:49,225
Hey, hey, don't move,
all right?
401
00:16:49,225 --> 00:16:50,226
We just want to talk to you.
402
00:16:50,226 --> 00:16:52,663
Please don't hurt my baby.
403
00:16:52,663 --> 00:16:55,797
How'd you get
that gash on your hand?
404
00:16:55,797 --> 00:16:57,103
What do you want?
405
00:16:57,103 --> 00:16:59,148
You can start by telling us
how your DNA got
406
00:16:59,148 --> 00:17:01,542
on the hammer
that killed Eileen Porter.
407
00:17:01,542 --> 00:17:03,065
No, no, no, no, no,
that's not happening.
408
00:17:03,065 --> 00:17:03,979
That's not happening.
- Don't do that.
409
00:17:03,979 --> 00:17:05,502
Don't do that.
410
00:17:05,502 --> 00:17:07,678
Darina Meleshko, you are
under arrest for murder.
411
00:17:07,678 --> 00:17:08,723
- No.
- Come on.
412
00:17:08,723 --> 00:17:11,508
Please don't hurt my baby.
413
00:17:11,508 --> 00:17:13,075
Ah! Oh!
414
00:17:13,075 --> 00:17:14,424
- Whoa.
- Stop.
415
00:17:14,424 --> 00:17:15,469
Whoa, whoa, whoa,
whoa, whoa, whoa, whoa.
416
00:17:15,469 --> 00:17:16,426
Hey.
417
00:17:16,426 --> 00:17:18,167
I think I'm going into labor.
418
00:17:18,167 --> 00:17:20,082
Oh, oh.
- OK.
419
00:17:20,082 --> 00:17:21,518
- I need to go to a hospital.
- All right. OK. All right.
420
00:17:21,518 --> 00:17:23,651
- Oh, oh, please.
- Hold on.
421
00:17:23,651 --> 00:17:25,348
Oh, I'm serious.
422
00:17:25,348 --> 00:17:26,828
Oh! Call an ambulance.
423
00:17:26,828 --> 00:17:28,308
No, no, no,
we can get you there faster.
424
00:17:28,308 --> 00:17:29,613
Let's go. Come on. Come on.
425
00:17:33,661 --> 00:17:35,402
Calling docket
ending in 9076,
426
00:17:35,402 --> 00:17:36,968
People versus Darina Meleshko.
427
00:17:36,968 --> 00:17:39,101
Charging one count of murder
in the second degree
428
00:17:39,101 --> 00:17:41,669
and one count of attempted
murder in the second degree.
429
00:17:43,192 --> 00:17:44,367
How do you plead?
430
00:17:44,367 --> 00:17:46,282
My client pleads not guilty.
431
00:17:46,282 --> 00:17:47,762
I'll hear you on bail.
432
00:17:47,762 --> 00:17:50,982
Your Honor, there are
two victims in this case--
433
00:17:50,982 --> 00:17:53,159
Eileen Porter,
who was brutally murdered,
434
00:17:53,159 --> 00:17:55,378
and her husband, Tom,
who was recently
435
00:17:55,378 --> 00:17:57,119
released from the hospital.
436
00:17:57,119 --> 00:17:59,861
The defendant was a surrogate
for Tom and Eileen Porter,
437
00:17:59,861 --> 00:18:02,603
but after she got pregnant
with her embryo,
438
00:18:02,603 --> 00:18:04,213
she sold their baby
to another couple
439
00:18:04,213 --> 00:18:06,128
who could afford to pay
a lot more money.
440
00:18:06,128 --> 00:18:08,522
On the day of the murder,
the Porters caught
441
00:18:08,522 --> 00:18:10,393
the defendant moving
out of their home.
442
00:18:10,393 --> 00:18:12,743
The victims told her she could
not leave with their baby
443
00:18:12,743 --> 00:18:14,658
and threatened
to call the police.
444
00:18:14,658 --> 00:18:17,270
So she killed Eileen
and tried to kill Tom.
445
00:18:17,270 --> 00:18:18,575
That's pure conjecture.
446
00:18:18,575 --> 00:18:20,099
The murder weapon, a hammer,
447
00:18:20,099 --> 00:18:21,143
had both victims'
448
00:18:21,143 --> 00:18:22,492
and the defendant's
blood on it.
449
00:18:22,492 --> 00:18:24,233
She had a cut on her hand
when she was arrested.
450
00:18:24,233 --> 00:18:27,236
She had motive and opportunity,
and she's a flight risk.
451
00:18:27,236 --> 00:18:28,716
People seek remand.
452
00:18:28,716 --> 00:18:30,500
Ms. Stratford?
453
00:18:30,500 --> 00:18:33,112
My client is not
a flight risk.
454
00:18:33,112 --> 00:18:35,157
She has no money,
no resources,
455
00:18:35,157 --> 00:18:37,290
and nowhere to go.
456
00:18:37,290 --> 00:18:40,858
Your Honor, my client
gave birth four days ago.
457
00:18:40,858 --> 00:18:42,208
She's nursing a newborn.
458
00:18:42,208 --> 00:18:44,862
She can do that
in the nursery at Rikers.
459
00:18:44,862 --> 00:18:46,473
The defendant's remanded.
460
00:18:56,744 --> 00:19:00,226
You're really gonna
send her to Rikers?
461
00:19:00,226 --> 00:19:02,532
She tried to sell
the Porters' baby,
462
00:19:02,532 --> 00:19:04,882
then bashed them
in their heads.
463
00:19:04,882 --> 00:19:07,668
This has all been
a terrible misunderstanding.
464
00:19:07,668 --> 00:19:09,887
A misunderstanding?
465
00:19:09,887 --> 00:19:12,803
Pavlo Golub lied to Darina.
466
00:19:12,803 --> 00:19:14,588
He told her the Porters were
having second thoughts,
467
00:19:14,588 --> 00:19:15,806
that they weren't even sure
468
00:19:15,806 --> 00:19:17,678
they wanted to raise
the child anymore.
469
00:19:17,678 --> 00:19:19,332
He said he found
a loving couple,
470
00:19:19,332 --> 00:19:22,465
and Darina trusted him.
471
00:19:22,465 --> 00:19:25,381
Have some compassion, Sam.
472
00:19:30,212 --> 00:19:31,648
What's this?
473
00:19:43,443 --> 00:19:45,575
Your Honor,
I filed a motion to suppress
474
00:19:45,575 --> 00:19:47,186
the so-called murder weapon.
475
00:19:47,186 --> 00:19:48,317
On what grounds?
476
00:19:48,317 --> 00:19:49,710
The search and seizure
was in violation
477
00:19:49,710 --> 00:19:50,885
of the Fourth Amendment
478
00:19:50,885 --> 00:19:52,800
to the United States
Constitution.
479
00:19:52,800 --> 00:19:54,236
Where was the evidence found?
480
00:19:54,236 --> 00:19:56,586
It was a hammer found
in a trash can
481
00:19:56,586 --> 00:19:57,979
at the Porters' apartment.
482
00:19:57,979 --> 00:19:59,676
The police shouldn't have
touched it until
483
00:19:59,676 --> 00:20:01,243
they had obtained
a search warrant.
484
00:20:01,243 --> 00:20:03,202
We shouldn't even be
having this discussion
485
00:20:03,202 --> 00:20:05,247
because the defendant
has no standing.
486
00:20:05,247 --> 00:20:07,249
Only the lawful residents
of the apartment
487
00:20:07,249 --> 00:20:08,946
have the right
to challenge the search.
488
00:20:08,946 --> 00:20:10,252
At the time of the seizure,
489
00:20:10,252 --> 00:20:12,602
my client was still living
in the apartment.
490
00:20:12,602 --> 00:20:15,301
Some of her personal items were
in the spare bedroom.
491
00:20:15,301 --> 00:20:16,432
Was she on the lease?
492
00:20:16,432 --> 00:20:17,781
No.
493
00:20:17,781 --> 00:20:19,609
She lived there
for two months.
494
00:20:19,609 --> 00:20:21,307
She had her own set of keys.
495
00:20:21,307 --> 00:20:23,787
She hadn't filed a change of
address with the post office.
496
00:20:23,787 --> 00:20:26,094
She was in the process
of relocating
497
00:20:26,094 --> 00:20:28,227
but hadn't officially moved.
498
00:20:29,445 --> 00:20:31,273
It's a close call.
499
00:20:31,273 --> 00:20:33,101
But I find that
the defendant still had
500
00:20:33,101 --> 00:20:36,583
a reasonable expectation
of privacy in the home.
501
00:20:36,583 --> 00:20:39,063
The motion to suppress
is granted.
502
00:20:43,067 --> 00:20:44,982
We lost the murder weapon,
503
00:20:44,982 --> 00:20:46,984
which is a huge blow
to the case.
504
00:20:46,984 --> 00:20:48,856
So what else do you have?
505
00:20:48,856 --> 00:20:51,293
Who's your strongest witness?
506
00:20:51,293 --> 00:20:53,817
The baby broker,
Pavlo Golub,
507
00:20:53,817 --> 00:20:55,732
the man who arranged
the surrogacy.
508
00:20:55,732 --> 00:20:58,082
He can testify
to Darina's state of mind
509
00:20:58,082 --> 00:21:00,563
that she was
a willing participant,
510
00:21:00,563 --> 00:21:02,739
that she agreed to pretend
the baby was her own.
511
00:21:02,739 --> 00:21:04,567
Isn't Golub part of the scam?
512
00:21:04,567 --> 00:21:05,916
He wasn't just part of it.
513
00:21:05,916 --> 00:21:07,440
He was the mastermind.
514
00:21:07,440 --> 00:21:09,877
But he didn't kill anyone.
515
00:21:09,877 --> 00:21:12,575
The problem is that
he's demanding full immunity.
516
00:21:12,575 --> 00:21:15,361
Golub has run this con on
two other desperate families
517
00:21:15,361 --> 00:21:17,928
with two other
desperate refugee women.
518
00:21:17,928 --> 00:21:20,148
We can't just give him
a free pass.
519
00:21:20,148 --> 00:21:21,323
I agree.
520
00:21:21,323 --> 00:21:23,934
My sister adopted
a child from China.
521
00:21:23,934 --> 00:21:26,372
She was so anxious
and vulnerable.
522
00:21:26,372 --> 00:21:29,331
To prey on people
looking to create a family,
523
00:21:29,331 --> 00:21:30,506
it's repugnant.
524
00:21:30,506 --> 00:21:32,247
I'm not gonna reward
someone like that.
525
00:21:32,247 --> 00:21:35,076
In fact, I want to open up
a case against him.
526
00:21:35,076 --> 00:21:37,948
The victim's husband's gonna be
your most emotional witness.
527
00:21:37,948 --> 00:21:39,646
Kick off your trial with him.
528
00:21:46,392 --> 00:21:49,220
Eileen and I met during
freshman orientation
529
00:21:49,220 --> 00:21:52,223
at Georgetown.
530
00:21:52,223 --> 00:21:54,704
It was one of those
"love at first sight" moments.
531
00:21:54,704 --> 00:21:57,054
And you wanted
to start a family?
532
00:21:57,054 --> 00:21:59,883
Eileen had survived
childhood cancer.
533
00:21:59,883 --> 00:22:01,450
She couldn't carry a baby,
534
00:22:01,450 --> 00:22:03,365
so we arranged
to have our embryo
535
00:22:03,365 --> 00:22:05,411
implanted in a surrogate.
536
00:22:05,411 --> 00:22:10,024
That surrogate being
the defendant, Darina Meleshko?
537
00:22:11,199 --> 00:22:12,853
Yes.
538
00:22:12,853 --> 00:22:16,509
Do you have any memory
of what happened
539
00:22:16,509 --> 00:22:19,903
between you, your wife,
and the defendant
540
00:22:19,903 --> 00:22:21,688
on January 15th of this year?
541
00:22:21,688 --> 00:22:24,038
The last thing I remember
is coming home from dinner.
542
00:22:24,038 --> 00:22:26,083
Eileen went to see Darina
543
00:22:26,083 --> 00:22:28,129
to let her know
that we were home,
544
00:22:28,129 --> 00:22:29,609
see if she needed anything.
545
00:22:29,609 --> 00:22:30,784
Was Darina there?
546
00:22:30,784 --> 00:22:31,828
I can only guess.
547
00:22:31,828 --> 00:22:34,396
Like I said, I don't remember.
548
00:22:36,442 --> 00:22:38,922
We trusted her,
549
00:22:38,922 --> 00:22:40,576
welcomed her into our home,
550
00:22:40,576 --> 00:22:41,882
treated her like family.
551
00:22:41,882 --> 00:22:43,100
I--I can't believe
that she would
552
00:22:43,100 --> 00:22:44,667
do something like this to us.
553
00:22:44,667 --> 00:22:45,973
Objection. Not relevant.
554
00:22:45,973 --> 00:22:47,714
My baby is living
in a prison.
555
00:22:47,714 --> 00:22:48,845
- Your Honor!
- Mr. Porter.
556
00:22:48,845 --> 00:22:49,977
Please, Darina,
just let me see her.
557
00:22:49,977 --> 00:22:51,326
I just want to hold her.
558
00:22:51,326 --> 00:22:54,416
Mr. Porter, there's no
question before you, sir.
559
00:22:56,940 --> 00:22:59,290
Anything else, Mr. Price?
560
00:22:59,290 --> 00:23:01,945
No, I have nothing further.
561
00:23:01,945 --> 00:23:04,295
Cross examination.
562
00:23:08,648 --> 00:23:13,957
Is it possible that
you startled my client,
563
00:23:13,957 --> 00:23:16,351
scared her, yelled at her?
564
00:23:16,351 --> 00:23:18,440
I never raised my voice
with her before.
565
00:23:18,440 --> 00:23:20,834
But you must have been angry
to see that she was leaving.
566
00:23:20,834 --> 00:23:22,009
You--you could have
threatened her.
567
00:23:22,009 --> 00:23:23,010
I may have been angry.
568
00:23:23,010 --> 00:23:24,315
I doubt I threatened her.
569
00:23:24,315 --> 00:23:27,406
But you can't swear to that?
570
00:23:30,452 --> 00:23:32,541
Correct, I can't.
571
00:23:36,327 --> 00:23:39,635
Did Darina tell you
about her life in Ukraine?
572
00:23:39,635 --> 00:23:42,638
A little.
573
00:23:42,638 --> 00:23:46,555
Did she talk about
the Russian soldiers?
574
00:23:46,555 --> 00:23:49,863
Yes, she did.
575
00:23:49,863 --> 00:23:52,779
The constant barrage
of gunfire,
576
00:23:52,779 --> 00:23:54,563
the unrelenting bombings?
577
00:23:54,563 --> 00:23:57,348
She did.
578
00:23:57,348 --> 00:23:59,655
Did Darina tell you
she witnessed the death
579
00:23:59,655 --> 00:24:02,005
of her husband and young son?
580
00:24:02,005 --> 00:24:04,486
Your Honor,
I fail to see the relevance.
581
00:24:04,486 --> 00:24:06,575
Sustained.
582
00:24:06,575 --> 00:24:09,099
Anything else?
583
00:24:10,536 --> 00:24:11,972
No, thank you.
584
00:24:14,278 --> 00:24:16,933
Dr. Thomas,
did you perform the autopsy
585
00:24:16,933 --> 00:24:19,370
on the victim in this case,
Eileen Porter?
586
00:24:19,370 --> 00:24:20,720
I did.
587
00:24:20,720 --> 00:24:22,330
What did you determine
to be the cause of death?
588
00:24:22,330 --> 00:24:24,027
Blunt-force trauma
to the head.
589
00:24:24,027 --> 00:24:27,117
Could you describe
the nature and severity
590
00:24:27,117 --> 00:24:28,597
of Ms. Porter's wounds?
591
00:24:28,597 --> 00:24:29,946
She had eight separate
and distinct attacks
592
00:24:29,946 --> 00:24:31,382
on her skull.
593
00:24:31,382 --> 00:24:34,864
And is it true that
any one of those head wounds
594
00:24:34,864 --> 00:24:36,866
could have killed Ms. Porter?
595
00:24:36,866 --> 00:24:38,955
That is my opinion, yes.
596
00:24:38,955 --> 00:24:40,827
So would you characterize
this attack
597
00:24:40,827 --> 00:24:43,394
as unnecessarily vicious?
598
00:24:43,394 --> 00:24:44,700
I would.
599
00:24:44,700 --> 00:24:45,701
Thank you, Doctor.
600
00:24:45,701 --> 00:24:47,921
I have nothing further.
601
00:24:47,921 --> 00:24:49,531
Ms. Stratford?
602
00:24:55,755 --> 00:24:57,974
Did this incident
appear to be the result
603
00:24:57,974 --> 00:24:59,541
of rational thought?
604
00:24:59,541 --> 00:25:01,238
I'm not sure
what you're asking.
605
00:25:01,238 --> 00:25:03,458
Then let me rephrase.
606
00:25:03,458 --> 00:25:06,417
Are you familiar with
post-traumatic stress disorder?
607
00:25:06,417 --> 00:25:08,463
- I am.
- Your Honor, may we approach?
608
00:25:13,163 --> 00:25:15,557
This doctor is not
an expert in PTSD.
609
00:25:15,557 --> 00:25:18,778
And even if he were,
what's the relevance?
610
00:25:18,778 --> 00:25:20,214
Where are you going
with this, Ms. Stratford?
611
00:25:20,214 --> 00:25:21,868
We are changing our defense.
612
00:25:21,868 --> 00:25:23,130
To what?
613
00:25:23,130 --> 00:25:26,046
Not guilty
by reason of insanity.
614
00:25:26,046 --> 00:25:29,049
This is trial by ambush.
615
00:25:29,049 --> 00:25:30,833
The defense realizes
we have a strong case,
616
00:25:30,833 --> 00:25:33,314
so they've decided
to completely change course.
617
00:25:33,314 --> 00:25:35,664
We are allowed to present
any defense we choose.
618
00:25:35,664 --> 00:25:37,144
Sure, if you provide notice
619
00:25:37,144 --> 00:25:39,538
and comply with the rules
of discovery.
620
00:25:39,538 --> 00:25:41,583
I don't condone
their tactics,
621
00:25:41,583 --> 00:25:44,586
but I can't deny the defense
an opportunity
622
00:25:44,586 --> 00:25:47,546
to present relevant evidence
and witnesses.
623
00:25:47,546 --> 00:25:50,810
I will give you time
to prepare, Mr. Price.
624
00:25:50,810 --> 00:25:53,116
Ladies and gentlemen,
we're adjourned for the day.
625
00:26:00,863 --> 00:26:03,562
Dr. Galen, are you
a board-certified psychiatrist
626
00:26:03,562 --> 00:26:04,954
with a practice in New York?
627
00:26:04,954 --> 00:26:06,260
I am.
628
00:26:06,260 --> 00:26:08,958
I specialize in
the neurobiology of trauma.
629
00:26:08,958 --> 00:26:11,047
And did you conduct
a forensic examination
630
00:26:11,047 --> 00:26:12,483
of my client?
631
00:26:12,483 --> 00:26:15,225
The National Center
for PTSD has a standard set
632
00:26:15,225 --> 00:26:18,533
of questions used
to evaluate the intensity
633
00:26:18,533 --> 00:26:20,448
and frequency of symptoms.
634
00:26:20,448 --> 00:26:22,015
I administered that test,
635
00:26:22,015 --> 00:26:25,322
and I asked Ms. Meleshko
about her life.
636
00:26:25,322 --> 00:26:27,542
What did Darina tell you?
637
00:26:27,542 --> 00:26:28,978
Darina was
a preschool teacher.
638
00:26:28,978 --> 00:26:31,285
Her husband was an engineer.
639
00:26:31,285 --> 00:26:33,722
They lived in Kyiv
with their infant son.
640
00:26:33,722 --> 00:26:37,770
When Ukraine was invaded,
her home was bombed.
641
00:26:37,770 --> 00:26:39,902
Did Darina show you
this photograph?
642
00:26:43,993 --> 00:26:45,038
Yes.
643
00:26:45,038 --> 00:26:46,430
She told me
it was what her home
644
00:26:46,430 --> 00:26:48,694
looked like after the attack.
645
00:26:50,434 --> 00:26:54,874
Was Darina in the building
at the time it was hit?
646
00:26:54,874 --> 00:26:58,834
Her husband was decapitated
right in front of her.
647
00:26:58,834 --> 00:27:01,663
Her infant son was killed
by a mortar.
648
00:27:03,056 --> 00:27:05,841
And Darina managed
to survive?
649
00:27:05,841 --> 00:27:09,279
She and her mother went
to a refugee shelter.
650
00:27:09,279 --> 00:27:12,413
Did all this have an effect
on Darina?
651
00:27:12,413 --> 00:27:13,893
Most definitely.
652
00:27:13,893 --> 00:27:16,765
She has all of the classic
symptoms of PTSD--
653
00:27:16,765 --> 00:27:19,725
flashbacks, nightmares,
intrusive thoughts.
654
00:27:19,725 --> 00:27:25,948
And can PTSD alter
one's brain chemistry?
655
00:27:25,948 --> 00:27:30,649
It can increase vigilance,
impulsivity, stress responses,
656
00:27:30,649 --> 00:27:32,172
and memory intrusions.
657
00:27:32,172 --> 00:27:35,262
Dr. Galen,
in your professional opinion,
658
00:27:35,262 --> 00:27:39,440
did Darina's mental disease
render her unable
659
00:27:39,440 --> 00:27:43,139
to understand the wrongfulness
of her actions
660
00:27:43,139 --> 00:27:45,446
on January 15th?
661
00:27:45,446 --> 00:27:47,100
Yes.
662
00:27:47,100 --> 00:27:48,797
Thank you.
663
00:27:48,797 --> 00:27:50,712
Nothing further.
664
00:27:56,718 --> 00:28:00,417
Do you know that
Tom and Eileen Porter,
665
00:28:00,417 --> 00:28:02,724
or the victims in this case,
666
00:28:02,724 --> 00:28:05,074
had no evidence
of offensive wounds?
667
00:28:05,074 --> 00:28:06,597
No, I did not know that.
668
00:28:06,597 --> 00:28:07,947
All of the evidence
in this case
669
00:28:07,947 --> 00:28:11,298
indicates that this was
an unprovoked attack.
670
00:28:11,298 --> 00:28:15,737
Yes, but in Darina's mind,
it was warranted.
671
00:28:15,737 --> 00:28:19,872
The defendant was
never treated for PTSD.
672
00:28:19,872 --> 00:28:21,525
She's never complained
about her symptoms
673
00:28:21,525 --> 00:28:23,745
until after she saw that
674
00:28:23,745 --> 00:28:25,573
the evidence against her
was mounting.
675
00:28:25,573 --> 00:28:27,270
Objection. Argumentative.
676
00:28:27,270 --> 00:28:29,316
Overruled.
677
00:28:29,316 --> 00:28:32,667
Unfortunately, many of those
who suffer from the disorder
678
00:28:32,667 --> 00:28:34,713
do not seek professional help.
679
00:28:34,713 --> 00:28:38,151
Dr. Galen,
according to UNICEF,
680
00:28:38,151 --> 00:28:42,982
5.2 million women
are at risk of depression,
681
00:28:42,982 --> 00:28:47,508
anxiety, and PTSD due
to the Ukrainian-Russian War.
682
00:28:47,508 --> 00:28:49,423
As far as I know,
683
00:28:49,423 --> 00:28:52,818
none of them have committed
this kind of atrocity.
684
00:28:52,818 --> 00:28:53,862
Objection.
685
00:28:53,862 --> 00:28:56,691
Sustained.
686
00:28:56,691 --> 00:28:58,345
Anything else?
687
00:29:00,521 --> 00:29:03,350
No, thank you.
688
00:29:13,142 --> 00:29:16,537
I've been reading about our
defendant's life in Ukraine.
689
00:29:16,537 --> 00:29:18,713
Seems pretty tragic.
690
00:29:18,713 --> 00:29:20,846
I think we should
consider a plea.
691
00:29:23,152 --> 00:29:26,242
I don't want to diminish
what she's been through.
692
00:29:26,242 --> 00:29:30,638
But I just don't think
she was legally insane.
693
00:29:30,638 --> 00:29:32,118
Everything she did
before and after
694
00:29:32,118 --> 00:29:33,815
the attack was intentional,
695
00:29:33,815 --> 00:29:36,731
required rational thought
and planning.
696
00:29:36,731 --> 00:29:38,777
She was in survival mode.
697
00:29:40,082 --> 00:29:42,998
My parents
and grandparents fled Lebanon
698
00:29:42,998 --> 00:29:46,915
during the civil war,
and I saw what it did to them.
699
00:29:46,915 --> 00:29:48,917
I'm sure
they went through hell,
700
00:29:48,917 --> 00:29:50,745
but they didn't turn around
and bludgeon
701
00:29:50,745 --> 00:29:52,399
innocent people to death
with a hammer.
702
00:29:52,399 --> 00:29:55,663
All I'm saying is
that the trauma exists.
703
00:29:55,663 --> 00:29:57,796
And it has a residual effect.
704
00:29:59,275 --> 00:30:02,061
What do you think
we should do with her?
705
00:30:02,061 --> 00:30:03,497
I don't think
she should be spending
706
00:30:03,497 --> 00:30:05,238
the next 25 years in prison.
707
00:30:05,238 --> 00:30:09,895
Eileen Porter died
a horrific, painful death.
708
00:30:09,895 --> 00:30:12,680
And Tom Porter easily
could have died.
709
00:30:12,680 --> 00:30:15,117
I've been consulting
with some local refugee
710
00:30:15,117 --> 00:30:16,815
and resettlement organizations.
711
00:30:16,815 --> 00:30:18,729
They make a strong case
that Darina
712
00:30:18,729 --> 00:30:21,254
is a victim of global violence,
713
00:30:21,254 --> 00:30:24,170
that we should treat her
accordingly.
714
00:30:25,649 --> 00:30:27,434
I tend to agree.
715
00:30:29,131 --> 00:30:32,352
Call her lawyer,
see what you can work out.
716
00:30:36,312 --> 00:30:41,317
We are prepared
to offer Man One, 15 years.
717
00:30:43,929 --> 00:30:45,931
We're willing to accept
five years
718
00:30:45,931 --> 00:30:49,282
and help with immigration.
719
00:30:49,282 --> 00:30:52,938
Darina isn't a citizen,
which means after
720
00:30:52,938 --> 00:30:54,678
she serves her sentence,
she's likely to be
721
00:30:54,678 --> 00:30:56,202
deported back to Ukraine.
722
00:30:56,202 --> 00:30:58,030
Please,
I can't go back there.
723
00:30:58,030 --> 00:31:00,206
I can't agree to five years.
724
00:31:00,206 --> 00:31:03,122
And we don't have control
over the immigration process.
725
00:31:03,122 --> 00:31:04,993
Surely you can make
some calls.
726
00:31:07,126 --> 00:31:10,390
We have something else
to offer.
727
00:31:12,131 --> 00:31:14,307
If you agree to the terms,
728
00:31:14,307 --> 00:31:16,918
Darina is willing to terminate
her parental rights
729
00:31:16,918 --> 00:31:21,314
and give her baby
to Tom Porter.
730
00:31:21,314 --> 00:31:23,403
The baby already belongs
to Tom Porter.
731
00:31:23,403 --> 00:31:26,928
No, Darina signed
the birth certificate.
732
00:31:30,149 --> 00:31:33,021
Tom was in a coma
when the baby was born.
733
00:31:33,021 --> 00:31:34,501
It's his child.
734
00:31:34,501 --> 00:31:36,155
According
to the state of New York,
735
00:31:36,155 --> 00:31:38,679
Darina is the only
parent of record.
736
00:31:47,818 --> 00:31:49,168
I don't understand.
737
00:31:49,168 --> 00:31:50,386
I did the research myself.
738
00:31:50,386 --> 00:31:52,954
The paperwork can be filed
at any time
739
00:31:52,954 --> 00:31:54,956
before or after
the baby is born.
740
00:31:54,956 --> 00:31:56,001
Darina gave birth.
741
00:31:56,001 --> 00:31:57,524
She signed
the birth certificate.
742
00:31:57,524 --> 00:31:59,352
The law presumes
the baby is hers.
743
00:31:59,352 --> 00:32:01,136
But we had an agreement.
744
00:32:01,136 --> 00:32:02,964
Darina changed her mind.
745
00:32:02,964 --> 00:32:05,619
She's not going to sign
the papers.
746
00:32:05,619 --> 00:32:09,057
You can take it to court,
challenge custody.
747
00:32:09,057 --> 00:32:10,972
That could take years.
748
00:32:10,972 --> 00:32:12,843
It'll cost money
that I don't have.
749
00:32:12,843 --> 00:32:14,671
There's no guarantee
that I would win.
750
00:32:14,671 --> 00:32:18,719
And in the meantime, I don't
have access to my daughter?
751
00:32:18,719 --> 00:32:20,851
She'll be living in a prison.
752
00:32:20,851 --> 00:32:22,549
In a prison.
753
00:32:22,549 --> 00:32:26,727
Darina is asking us
to give her five years
754
00:32:26,727 --> 00:32:29,686
for what she did to you
and to your wife.
755
00:32:29,686 --> 00:32:33,255
I haven't even held
my baby yet.
756
00:32:36,345 --> 00:32:40,567
This is going to be
her nursery.
757
00:32:40,567 --> 00:32:44,527
I want to give her a name,
baptize her.
758
00:32:49,358 --> 00:32:54,537
Please, I'm begging you,
make the deal.
759
00:32:54,537 --> 00:32:57,888
Please, Mr. Price,
give her whatever she wants.
760
00:32:57,888 --> 00:33:00,587
Just let me have my daughter.
761
00:33:05,679 --> 00:33:07,420
Five years is low,
762
00:33:07,420 --> 00:33:10,205
but it's what's best
for the baby,
763
00:33:10,205 --> 00:33:12,729
and it's what
the victim's husband wants.
764
00:33:12,729 --> 00:33:14,731
Well, he is desperate,
but the defendant
765
00:33:14,731 --> 00:33:17,212
is essentially holding
his baby hostage.
766
00:33:17,212 --> 00:33:20,128
I was hoping there was
a deal to be made here,
767
00:33:20,128 --> 00:33:21,782
but I cannot allow someone
768
00:33:21,782 --> 00:33:24,393
to use a child
as a bargaining chip.
769
00:33:24,393 --> 00:33:26,917
That's a line I can't cross.
770
00:33:26,917 --> 00:33:29,398
Then I will continue
with the trial.
771
00:33:29,398 --> 00:33:31,400
Can you bring it home?
772
00:33:31,400 --> 00:33:35,622
They put on a strong defense,
and it's about to get stronger.
773
00:33:35,622 --> 00:33:37,537
The defendant
is gonna testify today.
774
00:33:37,537 --> 00:33:41,497
And like it or not,
she is very sympathetic.
775
00:33:41,497 --> 00:33:43,151
I'm concerned it'll look
like I'm beating up on
776
00:33:43,151 --> 00:33:45,762
a traumatized woman.
777
00:33:45,762 --> 00:33:48,722
There's a solution to that.
778
00:33:49,679 --> 00:33:52,639
You do the cross.
779
00:33:52,639 --> 00:33:54,336
Because I'm a woman?
780
00:33:54,336 --> 00:33:56,947
No.
781
00:33:56,947 --> 00:33:59,602
You've told me about
your family's history.
782
00:33:59,602 --> 00:34:02,083
I think you have unique
insight into Darina's
783
00:34:02,083 --> 00:34:04,607
backstory and her psyche.
784
00:34:04,607 --> 00:34:06,261
I'm not sure
I'm comfortable with that.
785
00:34:06,261 --> 00:34:09,047
I'm not asking you to do
anything unethical or illegal.
786
00:34:09,047 --> 00:34:10,222
I know, but--
787
00:34:10,222 --> 00:34:13,964
Go into the courtroom
and do your job.
788
00:34:13,964 --> 00:34:17,098
You're part of the team,
and you need to step up.
789
00:34:22,277 --> 00:34:26,107
I thought Tom and Eileen
would be out late.
790
00:34:26,107 --> 00:34:31,112
I was startled when Eileen
came in and saw me packing.
791
00:34:31,112 --> 00:34:34,942
She confronted me,
told me I couldn't leave.
792
00:34:34,942 --> 00:34:37,118
Did she physically
prevent you from leaving?
793
00:34:37,118 --> 00:34:38,641
Did she block your path?
794
00:34:38,641 --> 00:34:41,514
Yes, she yelled,
795
00:34:41,514 --> 00:34:44,386
said she was going to call
the authorities,
796
00:34:44,386 --> 00:34:47,650
get me deported.
797
00:34:47,650 --> 00:34:48,999
I panicked.
798
00:34:48,999 --> 00:34:52,742
I didn't want to go
back to Ukraine.
799
00:34:52,742 --> 00:34:56,181
There was a hammer
on the dresser.
800
00:34:56,181 --> 00:34:57,660
So you hit her?
801
00:34:59,140 --> 00:35:00,837
Yes.
802
00:35:02,839 --> 00:35:06,278
And Tom must have heard
what was going on.
803
00:35:06,278 --> 00:35:10,760
He came in, started yelling,
grabbing at me.
804
00:35:10,760 --> 00:35:14,112
And so I hit him too.
805
00:35:14,112 --> 00:35:18,116
You thought
you were under attack?
806
00:35:18,116 --> 00:35:21,162
Yes.
807
00:35:21,162 --> 00:35:23,164
Your witness.
808
00:35:34,262 --> 00:35:37,483
Ms. Meleshko,
809
00:35:37,483 --> 00:35:40,529
what exactly did
Tom and Eileen say
810
00:35:40,529 --> 00:35:43,619
that made you feel threatened?
811
00:35:43,619 --> 00:35:45,795
That they were going
to call the police.
812
00:35:45,795 --> 00:35:48,494
Did they say
you couldn't leave?
813
00:35:48,494 --> 00:35:49,886
Yes.
814
00:35:49,886 --> 00:35:52,062
And that triggered you?
815
00:35:52,062 --> 00:35:53,368
It did.
816
00:35:56,241 --> 00:36:00,070
So you're saying that
817
00:36:00,070 --> 00:36:03,117
that made you feel
like you were under attack?
818
00:36:03,117 --> 00:36:05,163
Yes.
819
00:36:11,386 --> 00:36:14,172
Ask for a recess.
820
00:36:14,172 --> 00:36:15,738
Do it now.
821
00:36:17,914 --> 00:36:21,396
Your Honor,
may we have a brief recess?
822
00:36:21,396 --> 00:36:23,485
Let's all stretch our legs.
823
00:36:23,485 --> 00:36:24,834
Be back in 15 minutes.
824
00:36:38,108 --> 00:36:40,023
What the hell is going on?
825
00:36:40,023 --> 00:36:42,635
You're lobbing them softballs.
826
00:36:43,853 --> 00:36:45,942
Are you intentionally
throwing the case?
827
00:36:45,942 --> 00:36:49,250
No, I'm doing the best I can.
828
00:36:49,250 --> 00:36:50,991
Really?
829
00:36:54,429 --> 00:36:57,650
One of my earliest
childhood memories,
830
00:36:57,650 --> 00:37:00,130
it was this massive
power outage,
831
00:37:00,130 --> 00:37:01,654
and the whole city went dark.
832
00:37:01,654 --> 00:37:03,743
My father instinctively
packed our bags,
833
00:37:03,743 --> 00:37:05,397
got us all in the car.
834
00:37:05,397 --> 00:37:08,313
My family was halfway to Canada
when the lights went back on.
835
00:37:08,313 --> 00:37:13,274
My point is my parents
believed we were under attack.
836
00:37:13,274 --> 00:37:16,059
You need to find a way to put
your personal feelings aside.
837
00:37:17,974 --> 00:37:20,281
I'm not sure I can.
838
00:37:22,196 --> 00:37:25,330
Last year,
I tried a death penalty case.
839
00:37:25,330 --> 00:37:29,159
I advocated in favor
840
00:37:29,159 --> 00:37:33,033
of sentencing a man
to his death.
841
00:37:33,033 --> 00:37:36,297
That went against
everything I stood for.
842
00:37:36,297 --> 00:37:37,472
Why'd you do it?
843
00:37:37,472 --> 00:37:41,084
McCoy told me to.
844
00:37:41,084 --> 00:37:45,306
And he had every right
to do so.
845
00:37:47,265 --> 00:37:50,398
You and I,
we serve at the pleasure
846
00:37:50,398 --> 00:37:51,834
of the district attorney.
847
00:37:51,834 --> 00:37:55,011
We are part of his team.
848
00:37:55,011 --> 00:37:57,318
When push comes to shove,
he calls the shots.
849
00:37:57,318 --> 00:38:01,714
So you have two choices--
850
00:38:01,714 --> 00:38:04,064
tender your resignation
851
00:38:04,064 --> 00:38:07,372
or figure out a way
to rise to the occasion.
852
00:38:13,465 --> 00:38:16,294
Ms. Meleshko,
before we went on a break,
853
00:38:16,294 --> 00:38:19,384
I was asking you
about your state of mind.
854
00:38:19,384 --> 00:38:21,386
Yes, I remember.
855
00:38:21,386 --> 00:38:24,780
You were saying that you felt
like you were under attack?
856
00:38:24,780 --> 00:38:26,608
Yes.
857
00:38:26,608 --> 00:38:31,091
And that is based on
your experience from Ukraine?
858
00:38:31,091 --> 00:38:33,093
Yes.
859
00:38:39,229 --> 00:38:42,972
Now I'd like to turn
to the victims.
860
00:38:42,972 --> 00:38:46,933
When you were bashing
Eileen Porter in the head,
861
00:38:46,933 --> 00:38:49,065
did you happen to notice
that brain matter
862
00:38:49,065 --> 00:38:50,893
was seeping out of her skull?
863
00:38:53,722 --> 00:38:57,030
No, I didn't.
864
00:38:57,030 --> 00:39:01,730
Did she cry out in pain,
beg you to stop hurting her?
865
00:39:03,515 --> 00:39:05,081
I wasn't in my right mind.
866
00:39:05,081 --> 00:39:06,605
But you were thinking
clearly enough
867
00:39:06,605 --> 00:39:09,042
to wash Tom and Eileen's blood
off your hands.
868
00:39:09,042 --> 00:39:10,086
It wasn't like that.
869
00:39:10,086 --> 00:39:11,392
And you washed the hammer,
870
00:39:11,392 --> 00:39:13,742
tried to get rid
of your fingerprints, DNA.
871
00:39:13,742 --> 00:39:15,178
I was afraid.
872
00:39:15,178 --> 00:39:17,398
You were afraid
of getting caught.
873
00:39:17,398 --> 00:39:21,446
So you destroyed evidence,
then you fled the scene.
874
00:39:21,446 --> 00:39:23,273
You left Eileen Porter dead.
875
00:39:23,273 --> 00:39:25,406
You left Tom Porter
bleeding out.
876
00:39:25,406 --> 00:39:26,755
You didn't call for help.
877
00:39:26,755 --> 00:39:28,061
I wish I had.
878
00:39:28,061 --> 00:39:30,019
And if that wasn't bad
enough, the next day,
879
00:39:30,019 --> 00:39:32,674
you went to Riverdale
to sell their baby
880
00:39:32,674 --> 00:39:33,849
to a couple with more money.
881
00:39:33,849 --> 00:39:35,329
Isn't that true?
882
00:39:37,418 --> 00:39:39,420
Isn't that true?
883
00:39:44,556 --> 00:39:46,775
I have no more questions
for this witness.
884
00:40:13,802 --> 00:40:16,239
Members of the jury,
in the matter of
885
00:40:16,239 --> 00:40:21,070
People versus Darina Meleshko,
how do you find?
886
00:40:21,070 --> 00:40:24,639
We find the defendant guilty.
887
00:40:26,380 --> 00:40:29,514
Members of the jury,
thank you for your service.
888
00:40:29,514 --> 00:40:30,776
We are adjourned.
889
00:40:42,614 --> 00:40:44,703
Nice work.
890
00:40:51,797 --> 00:40:55,235
So what does all this mean?
891
00:40:56,671 --> 00:41:00,196
Well, it means that
we got justice for your wife.
892
00:41:00,196 --> 00:41:03,025
I know, but what about
my little girl?
893
00:41:03,025 --> 00:41:05,288
What does this mean for her?
894
00:41:07,726 --> 00:41:10,076
I don't know.