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In the criminal
justice system,
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00:00:04,577 --> 00:00:08,450
the people are represented by two
separate yet equally important groups:
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00:00:08,554 --> 00:00:10,319
The police
who investigate crime,
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00:00:10,424 --> 00:00:13,124
and the district attorneys
who prosecute the offenders.
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These are their stories.
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I hope I did
the right thing calling you.
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I don't want to make
any trouble for anybody.
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You tried knockir
on their door?
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I banged on the floor
with my foot
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but they don't care
what time it is.
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00:00:25,863 --> 00:00:28,495
You see? For two hours,
it's been going on like this,
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right under my bedroom.
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Knock louder.
They're old people.
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Mr. And Mrs. Steinmetz?
It's the police.
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Probably dozed off to Leno.
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Well, I need my sleep.
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I'm getting a root canal
at 8:00.
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Mr. Steinmetz?
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Nobody can see you up here.
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You sure?
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Course I'm sure.
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You stay put.
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Then why'd you do it?
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I brought you up here
for a reason.
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I don't get it.
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I don't see why you
wanted us to bring her
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Joey, over here.
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...all the way
into town here.
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And I couldn't drive out
to the motel.
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So, midnight, that's when
Mr. Steinmetz went out?
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He opened the door
for me downstairs.
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He always goes out walking.
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Ursula said
it's because of the war.
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He can't sleep.
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Both of them,
they're Holocaust survivors.
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So, besides the TV,
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did you hear anything else
from their apartment?
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Like, uh, shouts,
signs of a struggle?
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No. I took a bath
and I went to bed.
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Every night,
they have the TV on,
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but never for
more than an hour.
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Oh. Thanks, Mrs. Franzel.
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If we need any more,
we'll call you.
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Dying alone, it's a tragedy.
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$18 in the wallet,
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diamond ring on the nightstand,
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nobody touched the silverware.
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Old lady with MS.
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She's been dead three,
maybe four hours.
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These might have had
somethir to do with it.
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Two months' supply of
lullabies, half of them gone.
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Dalmane, 30 milligrams,
prescribed to David Steinmetz.
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Filled four days ago.
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Too old to live.
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Yeah, but too scared to die.
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Sleeping pills supposed
to do that to your face?
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Fall out of bed
and break your nose, they do.
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Please, I want to see her.
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Please.
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Ursula.
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David Steinmetz?
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Yes.
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Could we talk?
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I must call Mara, my daughter,
to tell her I did this.
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My Ursula, I killed her.
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00:03:05,721 --> 00:03:07,749
I killed the woman I love.
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She was 70.
She couldn't walk.
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00:04:35,307 --> 00:04:37,642
She was losing her sight.
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00:04:38,047 --> 00:04:40,519
She could hardly work
in the store.
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00:04:42,592 --> 00:04:45,086
She was tired
of being an old woman.
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Well, she had her grandkids,
she had you.
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What could I say?
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She had to live in
that body, not me.
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All the time now,
Ursula, she was in pain.
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She begged me to help her.
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So you filled the prescription?
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00:05:00,836 --> 00:05:02,864
Yes. And I brought her
the glass of water,
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00:05:02,941 --> 00:05:04,605
and I helped her
take the pills.
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00:05:04,679 --> 00:05:06,114
What time was this?
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I, uh,
I don't remember. Late.
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She fell asleep.
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I couldn't watch her die.
I left.
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My daughter Mara.
I must talk to her.
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00:05:22,388 --> 00:05:25,590
Well, we'll, uh... We'll call
her as soon as you're done.
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Mr. Steinmetz, did your wife
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discuss this with anybody else?
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00:05:31,612 --> 00:05:35,519
No, it was
between Ursula and me.
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Did she leave
anything behind?
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You know, maybe a letter?
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We didn't think...
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00:05:58,711 --> 00:06:01,240
This won't take
much longer, sir.
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Well, uh, he didn't exactly
pull the trigger.
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But he held the gun.
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00:06:08,368 --> 00:06:09,769
Man two, assisted suicide.
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Come on. You really
gonna run with this?
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00:06:11,643 --> 00:06:13,010
The guy's 70 years old.
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It's not like he whacked her
for the insurance money.
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Maybe he did.
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00:06:16,455 --> 00:06:18,483
With no note from her,
all we have is his word.
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Well, we're gonna
talk to the daughter.
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In the meantime, we charge him.
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Maybe she was depressed
the past few weeks,
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but physically,
she was the same
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she's always been
for the past couple of years.
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Your father said
she was getting worse.
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I didn't know
how bad things were.
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And she gave no sign? No...
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Nothing that could be
like a last goodbye?
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She was looking forward
to Jared's bar mitzvah.
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After 12 years of social work,
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you'd think I'd be smart enough
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to, uh, pick up on the signals.
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What about from your father?
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Dad's a rock.
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It must've torn him apart,
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but he didn't let
anything show.
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He knew what it was like
for her
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after all she's been through.
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The camps.
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When I was growing up,
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my mother would wake up
screaming every night.
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I thought every parent
had a tattoo on his arm.
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Okay, thank you.
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We talked to the doctor
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and Steinmetz is an insomniac.
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The doctor's been givir him
Dalmane for 10 years.
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Two months at a time?
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00:08:07,995 --> 00:08:09,966
I mean, this guy didn't
get his MD yesterday.
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He must have known
what was in the works.
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Or he was saving
a trusted patient
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a few trips to the pharmacy.
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State Board may slap his
wrist, but we can't touch him.
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Well, we're just left with
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00:08:18,988 --> 00:08:20,457
Steinmetz's version of history.
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What, the guy
writes with an eraser?
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According to the daughter,
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the old lady was planning
her grandsors bar mitzvah.
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Now I hear
that's a pretty big deal.
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Hey, some people would
take the bus from Chicago.
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Me, I'd just send a check.
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Lennie, my guess is
the lady would stick around.
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00:08:34,961 --> 00:08:37,125
Maybe she got tired
of being an invalid.
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And maybe he got
tired of livir with one.
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My mother'd get the flu,
my old man would go nutty.
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Okay, say he killed her,
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how'd he get the pills
in her stomach?
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I doubt he told her
they were breath mints.
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Keep it simple.
Assisted suicide.
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I'll talk to Ben.
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Read the paper, Ben,
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00:08:54,943 --> 00:08:56,537
it'll give you
a sense of proportion.
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He confessed to the murder.
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Mob hit is a murder.
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Baby left in a dumpster
is a murder.
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This, a jury will see
as an act of love.
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And a C felony. We dismiss,
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next week, a dozen merll claim
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they helped their wives
commit suicide with a. 38.
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00:09:10,347 --> 00:09:12,581
And you'll be there
to convince a jury otherwise.
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I didn't write
the statutes, Adam.
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00:09:14,892 --> 00:09:17,022
Yeah, mercy has more shadings
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than can be grasped
by a state assembly.
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Steinmetz isn't counting
on our goodwill, either.
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00:09:21,975 --> 00:09:23,946
He's hired Gary Lowenthal.
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Plead the poor bastard out.
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You want to put
a 70-year-old man in prison?
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What is it, Ben, payback time
for father figures?
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00:09:36,077 --> 00:09:39,244
I am bound by the laws of
the State of New York, Gary.
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Mr. Stone,
I've already lost my mother.
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L... I don't want to
lose my father as well.
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Can you see your way
past those laws?
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I can't see my way
past a confession.
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There I can help.
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I'm moving to
suppress the confession.
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My client was denied
his right to counsel.
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He asked to see his daughter.
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The police refused
until they had his statement.
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She's a lawyer?
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She's a social worker.
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Gary,
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I've turned the other cheek
as far as I could on this.
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Mrs. Steinmetz, no matter what
her age or her condition,
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had a right
to expect her husband
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to enance her life,
not to help her end it.
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That's your opinion.
I prefer a judge's.
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00:10:20,920 --> 00:10:23,518
In Fare v. Michael C.,
a California court held
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that asking for
your probation officer
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is equivalent to
asking for a lawyer.
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And the Supreme
Court overturned.
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00:10:30,109 --> 00:10:31,875
What Rehnquist takes away,
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00:10:31,947 --> 00:10:34,419
the State can give back
to a defendant.
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00:10:34,721 --> 00:10:37,626
Uh, Your Honor, even if we
were to give to social workers
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the same standing we give
lawyers or probation officers,
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00:10:40,736 --> 00:10:43,470
Mr. Steinmetz's relationship
to his daughter is personal,
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it is not professional.
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We can show that Mrs. Feder
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00:10:46,750 --> 00:10:49,918
helped her father apply for
Social Security and Medicare,
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00:10:49,991 --> 00:10:51,460
and performed any number
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00:10:51,528 --> 00:10:53,727
of professional services
on his behalf.
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00:10:53,968 --> 00:10:56,805
Mr. Steinmetz asked for
his daughter by name.
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00:10:56,875 --> 00:10:59,176
There's no way you
can expect police officers
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00:10:59,248 --> 00:11:00,945
to know
her professional status.
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00:11:01,218 --> 00:11:03,747
Mr. Steinmetz,
did you tell the police
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00:11:03,825 --> 00:11:05,796
why you wanted
to see your daughter?
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00:11:05,863 --> 00:11:08,358
Yes. I told them
she was a social worker
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00:11:08,871 --> 00:11:11,138
and that she would know
what to do.
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00:11:13,282 --> 00:11:14,649
Sorry, Ben.
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00:11:15,253 --> 00:11:17,052
Mr. Steinmetz's
right to counsel,
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00:11:17,125 --> 00:11:19,118
as he understood it,
was ignored.
210
00:11:19,965 --> 00:11:22,198
The police should've been
more cautious.
211
00:11:22,437 --> 00:11:25,001
You have a problem,
take it up with them.
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00:11:26,180 --> 00:11:27,444
What's the problem?
213
00:11:27,517 --> 00:11:29,715
Five cops heard him say
he killed her.
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00:11:29,789 --> 00:11:31,987
Uttered in a moment
of grief and confusion.
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00:11:32,061 --> 00:11:34,191
By the time Lowenthal
gets him on the stand,
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00:11:34,266 --> 00:11:36,362
Steinmetz will explain
that he meant to say
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00:11:36,439 --> 00:11:38,603
he drove his wife to suicide.
218
00:11:39,513 --> 00:11:40,709
ME's report in?
219
00:11:40,783 --> 00:11:42,754
We're still waitir
for the tox exam.
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00:11:42,821 --> 00:11:44,085
I'll lean on 'em.
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00:11:44,158 --> 00:11:45,285
Ben...
222
00:11:45,361 --> 00:11:47,832
Paul, we know he
perjured himself once.
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00:11:47,900 --> 00:11:51,672
Before I let him walk, I would like to
find out how many other lies he's told.
224
00:11:51,843 --> 00:11:53,837
Dr. Ellingwon'th, Det. Carr...
225
00:11:53,915 --> 00:11:56,250
I told you on the phone,
what I have is preliminary.
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00:11:56,320 --> 00:11:58,724
You want it etched in stone,
come back in a month.
227
00:11:58,793 --> 00:12:01,265
Come on, Rodgers. We got
a DA cracking the whip.
228
00:12:02,670 --> 00:12:05,005
All right,
as long as you understand
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00:12:05,075 --> 00:12:06,943
my boss hasn't signed off
on this yet.
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00:12:07,013 --> 00:12:08,312
Thank you.
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00:12:08,383 --> 00:12:11,551
Yeah. "Steinmetz, Ursula."
232
00:12:12,827 --> 00:12:15,026
Drug overdose, benzodiazepine.
233
00:12:15,100 --> 00:12:17,230
Found 900 milligrams
in her stomach.
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00:12:17,740 --> 00:12:19,334
Is that enough to kill her?
235
00:12:19,410 --> 00:12:22,646
Hmm, yeah. That's not counting
what she'd already digested.
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00:12:22,785 --> 00:12:25,622
Yeah, respiratory failure,
900 would do it.
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00:12:26,294 --> 00:12:28,197
Wait a minute,
somebody screwed up here.
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00:12:28,266 --> 00:12:29,633
How's that?
239
00:12:29,802 --> 00:12:32,741
Let me, uh, run these numbers
by the lab again.
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00:12:32,809 --> 00:12:34,837
Hold it.
We don't have time for that.
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00:12:34,916 --> 00:12:36,647
Tell us now. What's it say?
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00:12:38,023 --> 00:12:40,427
Well, according to the labs,
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00:12:40,496 --> 00:12:42,329
the amount of Dalmane
found in her liver
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00:12:42,400 --> 00:12:43,995
indicates a level of absorption
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00:12:44,071 --> 00:12:46,269
insufficient to cause
a respiratory failure.
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00:12:46,343 --> 00:12:48,246
Well, she's an old lady
with MS.
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00:12:48,315 --> 00:12:51,254
I mean, did she absorb enough
to give her a heart attack?
248
00:12:51,322 --> 00:12:52,757
No, if you believe this,
249
00:12:52,826 --> 00:12:55,491
she didn't digest enough pills
to kill her.
250
00:12:55,565 --> 00:12:57,195
So if she stopped breathing,
251
00:12:57,270 --> 00:12:59,639
maybe it's because
somebody choked her.
252
00:12:59,710 --> 00:13:02,147
Yeah, somebody broke
her nose, too.
253
00:13:02,215 --> 00:13:04,779
Might not be the only tracks
he left behind.
254
00:13:04,989 --> 00:13:06,356
Thank you.
255
00:13:06,693 --> 00:13:08,629
The night she OD'd,
they had a big argument,
256
00:13:08,698 --> 00:13:10,065
right out here in the hall,
257
00:13:10,135 --> 00:13:11,661
just before
he went to his walk.
258
00:13:11,739 --> 00:13:13,140
And what time was this?
259
00:13:13,209 --> 00:13:16,581
10:30.
The door closed, and he left.
260
00:13:16,985 --> 00:13:18,454
You sure about the time?
261
00:13:18,522 --> 00:13:20,755
Mmm-hmm. I was just
getting ready to go to work.
262
00:13:20,827 --> 00:13:22,855
11:00 to 8:00 shift
at the phone company.
263
00:13:22,932 --> 00:13:25,302
"Operator 842.
What city, please?"
264
00:13:25,940 --> 00:13:27,169
Lennie.
265
00:13:27,243 --> 00:13:28,439
Thank you.
266
00:13:31,688 --> 00:13:33,852
She says Steinmetz left
at 10:30,
267
00:13:33,926 --> 00:13:35,088
upstairs said midnight.
268
00:13:35,163 --> 00:13:37,327
He came back,
and I think I know what for.
269
00:13:37,401 --> 00:13:39,167
Yeah?
Watch this.
270
00:13:39,473 --> 00:13:41,843
I open the door,
I turn on the light,
271
00:13:41,913 --> 00:13:43,348
I find this.
272
00:13:43,750 --> 00:13:45,721
It matches the armchair.
273
00:13:45,788 --> 00:13:47,656
That's blood, and it's recent.
274
00:13:47,727 --> 00:13:50,131
I got $10
says it's Mrs. Steinmetz's.
275
00:13:50,200 --> 00:13:53,037
Now look, whether he force-fed
those pills to her or not,
276
00:13:53,140 --> 00:13:55,338
he came back
expecting her to be dead.
277
00:13:55,412 --> 00:13:58,078
She wasrt. Finishes the job
with the pillow.
278
00:13:58,152 --> 00:13:59,986
And bloodies her nose
in the process.
279
00:14:00,057 --> 00:14:01,617
Takes his lap around the city,
280
00:14:01,695 --> 00:14:04,223
and I guess we're supposed
to feel sorry for him.
281
00:14:05,337 --> 00:14:07,672
Well, even if it was her idea
to take the pills,
282
00:14:07,742 --> 00:14:09,576
he had to finish her off
with a pillow?
283
00:14:09,647 --> 00:14:12,085
He couldn't wait for the pill
to do the job for him?
284
00:14:12,154 --> 00:14:14,455
Do you know how many sleeping
pills is a lethal dose?
285
00:14:14,526 --> 00:14:16,588
I don't, and I bet
Steinmetz doesn't either.
286
00:14:16,664 --> 00:14:18,794
Well, then why didn't he
tell us about the pillow?
287
00:14:18,869 --> 00:14:20,362
Because he knew
how it would look.
288
00:14:20,441 --> 00:14:22,344
Yeah, like he wanted her dead.
289
00:14:22,446 --> 00:14:25,419
All I know is if I found
my wife lying on the floor,
290
00:14:25,486 --> 00:14:27,320
I would do everything I could
to save her,
291
00:14:27,391 --> 00:14:28,826
and the hell with suicide.
292
00:14:28,894 --> 00:14:30,454
Any way you slice or dice it,
293
00:14:30,531 --> 00:14:31,625
this guy had no right
294
00:14:31,701 --> 00:14:33,467
to wrap a pillow
around his wife's face.
295
00:14:33,539 --> 00:14:35,601
Let's not forget the
neighbors heard them arguing.
296
00:14:35,678 --> 00:14:37,375
Hey, you spend 24 hours
a day together,
297
00:14:37,448 --> 00:14:39,146
I don't care
if you're Joseph and Mary,
298
00:14:39,220 --> 00:14:40,952
you're gonna get
on each other's nerves.
299
00:14:41,024 --> 00:14:42,459
Wait a minute,
they work together?
300
00:14:42,528 --> 00:14:44,863
Steinmetz has a tailor shop
on 30th Street.
301
00:14:45,635 --> 00:14:47,663
All right. Let's assume
that they're too old
302
00:14:47,740 --> 00:14:50,680
to argue about sex,
so that leaves what? Money?
303
00:14:55,025 --> 00:14:57,258
People treat you like dirt
in this business.
304
00:14:57,330 --> 00:14:58,960
Not Mr. Steinmetz.
305
00:14:59,035 --> 00:15:01,268
He has respect for the people
who work for him.
306
00:15:01,340 --> 00:15:02,468
How so?
307
00:15:02,544 --> 00:15:04,606
The mars been there,
you know what I mean?
308
00:15:04,682 --> 00:15:07,177
Back in Poland,
he was a slave for the Nazis.
309
00:15:07,510 --> 00:15:09,538
They had him workir
in some ghetto over there,
310
00:15:09,615 --> 00:15:12,109
the Lodz Ghetto,
makir uniforms for them.
311
00:15:12,188 --> 00:15:14,284
You got people out sick today?
312
00:15:14,828 --> 00:15:16,695
Yeah,
they got recession-itis.
313
00:15:16,998 --> 00:15:19,334
Hard times,
that'll press a marriage, huh?
314
00:15:19,405 --> 00:15:20,703
No, not these two.
315
00:15:20,774 --> 00:15:22,540
They've seen worse, you know?
316
00:15:22,612 --> 00:15:24,013
In the eight years
I've been here,
317
00:15:24,082 --> 00:15:25,608
the only time
they raised their voice
318
00:15:25,686 --> 00:15:27,315
was about somethir
in the paper.
319
00:15:27,389 --> 00:15:28,551
What, politics?
320
00:15:28,626 --> 00:15:30,289
Yeah. Polish politics.
321
00:15:30,496 --> 00:15:32,433
Once a week,
Mrs. Steinmetz would send me
322
00:15:32,501 --> 00:15:34,027
to the newsstand on 34th
323
00:15:34,105 --> 00:15:35,699
to get this Polish paper.
324
00:15:35,775 --> 00:15:37,074
And about three weeks ago,
325
00:15:37,145 --> 00:15:38,842
she got real upset
with Mr. Steinmetz
326
00:15:38,916 --> 00:15:40,351
over some article she read.
327
00:15:40,419 --> 00:15:41,911
This paper got a name?
328
00:15:42,090 --> 00:15:43,651
Novejeneik.
329
00:15:47,470 --> 00:15:50,306
"Warsaw Arts Council
Presents Merit Awards."
330
00:15:50,777 --> 00:15:52,110
What else?
331
00:15:53,918 --> 00:15:56,982
"National Tribunal
Convicts Nazi War Criminal."
332
00:15:57,058 --> 00:15:59,222
Hold it.
Give us the highlights.
333
00:16:00,332 --> 00:16:03,397
"Horst Hilsman,
German officer at Chelmno,
334
00:16:03,607 --> 00:16:05,008
"sentenced to death.
335
00:16:05,210 --> 00:16:07,978
"Other war criminals
tried in absentia.
336
00:16:08,384 --> 00:16:10,287
"Jacub Skulman,
a Jewish policeman
337
00:16:10,356 --> 00:16:12,623
"in the Lodz Ghetto
during the war.
338
00:16:12,695 --> 00:16:15,827
Peter Angermeier,
staff sergeant in Birkenau..."
339
00:16:15,902 --> 00:16:17,394
Wait a minute.
340
00:16:17,505 --> 00:16:18,667
Lodz Ghetto.
341
00:16:18,742 --> 00:16:20,712
Now, wasrt Steinmetz from Lodz?
342
00:16:21,014 --> 00:16:22,881
Maybe he knew Skulman.
343
00:16:23,085 --> 00:16:25,352
So what? His wife
didn't like his friends?
344
00:16:25,424 --> 00:16:27,587
That's something
he'd kill her for?
345
00:16:27,662 --> 00:16:29,929
I'd think Mr. Stone would have
better things to do
346
00:16:30,002 --> 00:16:31,596
than to hound a sad old man.
347
00:16:31,672 --> 00:16:33,369
Hey, he squeaks, we go running.
348
00:16:33,442 --> 00:16:35,777
Make it easy on us,
will you, Mrs. Feder?
349
00:16:35,881 --> 00:16:37,316
They'd argue,
350
00:16:37,385 --> 00:16:39,788
yes, about the war,
about the Holocaust.
351
00:16:39,857 --> 00:16:41,987
It was the defining moment
of their lives.
352
00:16:42,062 --> 00:16:43,190
Did they ever talk about
353
00:16:43,265 --> 00:16:45,202
people they knew
in the Lodz Ghetto?
354
00:16:45,270 --> 00:16:47,206
My mother's from Warsaw.
355
00:16:48,577 --> 00:16:50,137
My father's from Lodz,
356
00:16:50,214 --> 00:16:52,515
but he rarely talks
about it with me.
357
00:16:52,620 --> 00:16:54,454
He says
he has nightmares enough,
358
00:16:54,525 --> 00:16:56,495
he doesn't need to give me any.
359
00:16:56,663 --> 00:16:59,191
Your mother ever mention
the name Jacub Skulman?
360
00:16:59,937 --> 00:17:01,497
No. Who's he?
361
00:17:01,841 --> 00:17:04,142
He's wanted for war crimes
in Poland.
362
00:17:08,925 --> 00:17:11,658
No, she'd never talk about
anybody like that.
363
00:17:14,437 --> 00:17:16,567
My mother was a very broken...
364
00:17:24,527 --> 00:17:26,794
She found it very hard
to shut out the memories,
365
00:17:26,866 --> 00:17:28,301
like my father.
366
00:17:28,469 --> 00:17:31,033
I sent her to a therapist
three years ago,
367
00:17:31,309 --> 00:17:33,746
a rabbi who
worked with survivors.
368
00:17:34,517 --> 00:17:37,581
She was seeing a therapist,
and nobody told us?
369
00:17:38,994 --> 00:17:41,397
She stopped going
four months ago.
370
00:17:42,302 --> 00:17:44,295
She wouldn't tell me why.
371
00:17:46,611 --> 00:17:48,046
Much as I'd like to help,
372
00:17:48,115 --> 00:17:51,317
any communication I had with
Mrs. Steinmetz is privileged.
373
00:17:51,390 --> 00:17:53,827
I have to consider
the feelings of her family.
374
00:17:53,895 --> 00:17:56,059
Oh, which family member
are you protecting?
375
00:17:56,134 --> 00:17:57,501
The husband?
376
00:17:57,571 --> 00:18:00,407
Let's, uh, try
a little softball here, Rabbi.
377
00:18:02,648 --> 00:18:05,382
The reason that Mrs. Steinmetz
stopped coming here,
378
00:18:05,455 --> 00:18:06,981
could it have anything to do
379
00:18:07,059 --> 00:18:08,996
with the reason
she committed suicide?
380
00:18:09,064 --> 00:18:11,399
Well, I... I can't discuss
what she told me
381
00:18:11,469 --> 00:18:13,906
but I can say
the group sessions
382
00:18:13,975 --> 00:18:15,946
can awaken powerful memories.
383
00:18:16,046 --> 00:18:18,609
A name? Jacub Skulman?
384
00:18:19,455 --> 00:18:21,790
Skulman. Oh, yes.
385
00:18:22,695 --> 00:18:25,166
The group discussed
his case at length.
386
00:18:25,501 --> 00:18:27,495
Did you discuss it
before or after
387
00:18:27,573 --> 00:18:29,510
Mrs. Steinmetz
stopped coming?
388
00:18:29,978 --> 00:18:31,140
Before.
389
00:18:31,683 --> 00:18:33,846
One of my clients,
Mrs. Liebman,
390
00:18:34,455 --> 00:18:36,551
apparently she knew Skulman.
391
00:18:38,599 --> 00:18:41,469
I don't know, I feel like
we're chasing a ghost here.
392
00:18:41,539 --> 00:18:43,475
This guy Skulmars
probably dead.
393
00:18:43,543 --> 00:18:45,810
The rabbi wasrt playing catch
just to be nice.
394
00:18:45,915 --> 00:18:47,647
He practically said
Skulmars name
395
00:18:47,720 --> 00:18:49,212
sent Mrs. Steinmetz running.
396
00:18:49,290 --> 00:18:51,283
So what? I mean,
we're digging up stuff
397
00:18:51,362 --> 00:18:52,853
that happened 50 years ago.
398
00:18:52,932 --> 00:18:55,631
What the hell,
it's ancient history, Lennie.
399
00:18:55,705 --> 00:18:58,006
Hey, my old man was a GI
in World War II.
400
00:18:58,077 --> 00:19:00,014
First regiment into Buchenwald.
401
00:19:00,082 --> 00:19:03,146
And he never forgot how he
felt when he saw those people.
402
00:19:03,255 --> 00:19:05,921
I mean, he wasrt religious,
but he said after that day
403
00:19:05,995 --> 00:19:07,589
he believed in the devil.
404
00:19:07,666 --> 00:19:09,762
This stuff never
went away, Mike.
405
00:19:12,009 --> 00:19:15,848
I knew Jacub Skulman in Lodz
406
00:19:16,854 --> 00:19:18,825
when I was a young girl.
407
00:19:19,126 --> 00:19:21,188
He was an apprentice tailor
408
00:19:21,364 --> 00:19:24,064
before he joined
the Ordnungsdienst.
409
00:19:25,173 --> 00:19:26,836
The ghetto police.
410
00:19:28,147 --> 00:19:32,179
The Germans
formed a... a Jewish government.
411
00:19:32,624 --> 00:19:34,720
Puppets to rule the ghetto.
412
00:19:34,796 --> 00:19:36,766
Yeah, you let the Jews
police themselves,
413
00:19:36,833 --> 00:19:38,359
maybe they'll work
harder for you.
414
00:19:38,437 --> 00:19:41,035
Maybe they thought
they will let them live.
415
00:19:41,110 --> 00:19:43,947
And believing that
makes you a war criminal?
416
00:19:44,017 --> 00:19:45,748
Of course we believed.
417
00:19:45,887 --> 00:19:47,790
Anything to make it stop.
418
00:19:47,859 --> 00:19:50,057
But Skulman took it
a step further.
419
00:19:50,198 --> 00:19:51,428
Skulman.
420
00:19:52,236 --> 00:19:55,801
In the sweatshop where
we made uniforms for the SS,
421
00:19:56,913 --> 00:19:58,678
Skulman was a brute.
422
00:19:59,854 --> 00:20:02,850
He beat us
if we didn't make the quota.
423
00:20:03,228 --> 00:20:05,222
What happened to Skulman?
424
00:20:05,466 --> 00:20:08,963
When the Germans cleared
the ghetto in 1944,
425
00:20:10,010 --> 00:20:12,847
him being
so... so high-and-mighty,
426
00:20:13,384 --> 00:20:15,617
he finished like everyone else,
427
00:20:16,291 --> 00:20:18,262
on a train to Auschwitz.
428
00:20:18,663 --> 00:20:20,896
Ursula Steinmetz,
do you know her?
429
00:20:20,968 --> 00:20:22,905
She was in
Rabbi Dworkirs group.
430
00:20:22,973 --> 00:20:27,643
Yes, she, too, asked me
about Skulman, his family.
431
00:20:27,817 --> 00:20:29,788
She thought she knew him.
432
00:20:30,457 --> 00:20:32,951
I only told her
what I remember.
433
00:20:38,442 --> 00:20:42,042
Skulmars spotty, most of the
records are still in Poland.
434
00:20:42,652 --> 00:20:44,680
You know,
it's quite historic in a way.
435
00:20:44,824 --> 00:20:46,350
Poland has never before
436
00:20:46,428 --> 00:20:47,988
prosecuted a Jew
for war crimes.
437
00:20:48,065 --> 00:20:50,093
Well, I don't understand
why a guy like Skulman
438
00:20:50,170 --> 00:20:51,867
would line himself up
with the Nazis.
439
00:20:51,940 --> 00:20:53,705
And slit his own throat?
440
00:20:53,778 --> 00:20:55,941
He wasrt the only one
who was deceived.
441
00:20:56,017 --> 00:20:58,420
You see, the elders
of the ghetto reasoned that
442
00:20:58,489 --> 00:21:01,826
if the Jews could prove their
economic value to the Reich,
443
00:21:01,896 --> 00:21:03,559
their lives would be spared.
444
00:21:03,701 --> 00:21:06,172
So each uniform you made
added a day to your life.
445
00:21:06,273 --> 00:21:08,004
Does anybody know for sure
446
00:21:08,077 --> 00:21:10,241
that Skulman
walked out of Auschwitz?
447
00:21:10,316 --> 00:21:12,583
The Polish government
has eyewitnesses.
448
00:21:12,655 --> 00:21:15,355
I guess the virtues that
allowed him to survive in Lodz
449
00:21:15,428 --> 00:21:17,022
carried him through Auschwitz.
450
00:21:17,098 --> 00:21:18,590
He'd be an old man by now.
451
00:21:18,669 --> 00:21:21,540
His birth date was 1922,
so he's 70 years old.
452
00:21:21,676 --> 00:21:23,909
There's a photograph
in the archives.
453
00:21:23,981 --> 00:21:25,473
We'll take it.
454
00:21:25,952 --> 00:21:27,319
Same age as Steinmetz.
455
00:21:27,389 --> 00:21:29,154
Same job, same camp.
456
00:21:30,463 --> 00:21:32,365
Sorry about the quality.
457
00:21:32,635 --> 00:21:34,764
Jacub Skulman, class of '42.
458
00:21:36,310 --> 00:21:38,713
Coincidences
add up to probability.
459
00:21:38,982 --> 00:21:41,283
Yeah, and what spooked
the wife.
460
00:21:41,923 --> 00:21:43,324
The ultimate evil.
461
00:21:43,393 --> 00:21:45,728
Convince the slaves
to run the plantation.
462
00:21:45,798 --> 00:21:48,133
Yeah, hats off
to German ingenuity.
463
00:21:48,705 --> 00:21:51,803
If Steinmetz is Skulman,
and his wife found out,
464
00:21:51,979 --> 00:21:53,710
he'd want to keep her quiet.
465
00:21:53,784 --> 00:21:56,517
By killing his wife?
This guy?
466
00:21:57,726 --> 00:21:59,024
I don't know.
467
00:21:59,095 --> 00:22:00,827
War criminals
click their heels.
468
00:22:00,900 --> 00:22:04,101
They don't have numbers
tattooed on their forearms.
469
00:22:09,119 --> 00:22:10,451
Arrest him.
470
00:22:10,956 --> 00:22:13,450
Highway 128, 16...
471
00:22:18,039 --> 00:22:20,841
How far
can a 70-year-old man walk?
472
00:22:24,555 --> 00:22:28,189
1290 Sixth Avenue.
1290 Sixth...
473
00:22:28,998 --> 00:22:30,865
That looks like him.
474
00:22:32,707 --> 00:22:34,039
Pull over.
475
00:22:36,114 --> 00:22:37,378
Mr. Steinmetz.
476
00:22:37,518 --> 00:22:38,782
Yes?
477
00:22:38,988 --> 00:22:41,118
David Steinmetz,
you're under arrest
478
00:22:41,227 --> 00:22:43,026
for the murder
of Ursula Steinmetz.
479
00:22:43,097 --> 00:22:44,965
You have the right
to remain silent.
480
00:22:45,035 --> 00:22:46,868
Anything you do say
can and will be
481
00:22:46,939 --> 00:22:48,842
used against you
in a court of law.
482
00:22:50,214 --> 00:22:52,549
You can't make a C felony,
so you shoot the moon
483
00:22:52,620 --> 00:22:53,987
and charge him with an A.
484
00:22:54,056 --> 00:22:56,857
Your client shot the moon
when he refused a man two plea.
485
00:22:56,930 --> 00:22:58,729
Now he's looking at murder.
486
00:22:58,934 --> 00:23:01,566
My mother took her own life,
Mr. Stone.
487
00:23:02,041 --> 00:23:03,875
That doesn't make me
proud or happy,
488
00:23:03,946 --> 00:23:05,279
but I respect her memory.
489
00:23:05,349 --> 00:23:07,046
She didn't want this.
She wanted peace.
490
00:23:07,120 --> 00:23:08,680
Did she tell you that?
491
00:23:11,497 --> 00:23:12,989
My father told me.
492
00:23:13,067 --> 00:23:16,404
Did he also tell you that he
smothered her with a pillow?
493
00:23:17,076 --> 00:23:20,140
You have no idea. My father...
494
00:23:21,553 --> 00:23:25,050
The neighbors
are... are paying his bail.
495
00:23:26,130 --> 00:23:28,932
They-they're helping to pay
for Mr. Lowenthal's services.
496
00:23:29,004 --> 00:23:32,307
Which means people
who know him, believe him.
497
00:23:32,478 --> 00:23:34,107
They haven't seen the evidence.
498
00:23:34,183 --> 00:23:35,617
There's none to see.
499
00:23:35,686 --> 00:23:37,349
Turn up the flame
as high as you want,
500
00:23:37,423 --> 00:23:38,915
this one's not gonna boil.
501
00:23:38,994 --> 00:23:40,121
You stir in motive...
502
00:23:40,197 --> 00:23:41,426
You mean speculation?
503
00:23:41,499 --> 00:23:42,991
It's all sound and fury, Ben,
504
00:23:43,069 --> 00:23:44,470
and you know
what that gets you.
505
00:23:44,539 --> 00:23:46,407
If I'm right
and he is Jacub Skulman,
506
00:23:46,478 --> 00:23:48,949
and he did murder his wife
to cover up his secret,
507
00:23:49,017 --> 00:23:50,954
what it gets him
is 25-to-life.
508
00:23:51,188 --> 00:23:53,489
What if you're wrong,
Mr. Stone?
509
00:23:55,565 --> 00:23:58,332
Look at his arm.
He's been branded once.
510
00:23:59,374 --> 00:24:01,344
But what you're doing...
511
00:24:01,880 --> 00:24:04,181
Those same people
who are helping us
512
00:24:04,252 --> 00:24:07,316
will turn around
and spit in our faces forever.
513
00:24:16,513 --> 00:24:18,711
It'd better be important,
Mr. Robinette.
514
00:24:18,819 --> 00:24:20,152
45-year-old files,
515
00:24:20,222 --> 00:24:22,420
I'll be living on
antihistamines for a month.
516
00:24:22,494 --> 00:24:23,758
You found something?
517
00:24:23,897 --> 00:24:25,196
Yes and no.
518
00:24:25,367 --> 00:24:27,668
David Steinmetz
went eyeball-to-eyeball
519
00:24:27,739 --> 00:24:30,074
with Miss Liberty, May of '47.
520
00:24:30,145 --> 00:24:31,739
What about Jacub Skulman?
521
00:24:31,815 --> 00:24:33,079
That's the no.
522
00:24:33,152 --> 00:24:34,952
If he's eating burgers
and apple pie,
523
00:24:35,023 --> 00:24:36,652
we don't have a record of it.
524
00:24:36,727 --> 00:24:38,492
When Steinmetz
filed immigration,
525
00:24:38,564 --> 00:24:40,090
did he show any ID?
526
00:24:40,168 --> 00:24:42,298
Hey, if this poor slob
had a shirt on his back,
527
00:24:42,373 --> 00:24:43,740
he was lucky.
528
00:24:43,910 --> 00:24:47,146
"Identifying mark: Numbers
tattooed on his forearm."
529
00:24:47,252 --> 00:24:49,051
What were the numbers?
530
00:24:49,322 --> 00:24:50,484
Sorry.
531
00:24:50,592 --> 00:24:52,688
In five years,
about 150,000 camp survivors
532
00:24:52,764 --> 00:24:54,701
joined the melting pot.
533
00:24:54,769 --> 00:24:57,104
Who had the time
to get specific?
534
00:24:58,043 --> 00:25:01,312
The good news, the Nazis were
methodical, bordering on anal.
535
00:25:01,417 --> 00:25:03,650
They kept specific records
of everything.
536
00:25:03,756 --> 00:25:06,023
The bad news is
they were almost as methodical
537
00:25:06,095 --> 00:25:07,586
at destroying the records.
538
00:25:07,666 --> 00:25:08,725
Almost?
539
00:25:08,801 --> 00:25:09,895
Yeah.
540
00:25:10,271 --> 00:25:11,364
Here.
541
00:25:12,176 --> 00:25:13,576
Here it is.
542
00:25:19,059 --> 00:25:22,521
Right here.
"August 21, 1944,
543
00:25:23,134 --> 00:25:26,266
"131 men arrived from
the Lodz Ghetto at Auschwitz.
544
00:25:26,943 --> 00:25:29,780
"The numbers that were
tattooed on their arms
545
00:25:29,883 --> 00:25:32,650
"ranged from 7566
546
00:25:33,892 --> 00:25:35,920
to 7696, inclusive."
547
00:25:36,666 --> 00:25:39,194
Do you have names
corresponding to the numbers?
548
00:25:39,305 --> 00:25:41,469
I can't help you with that.
But we do know that
549
00:25:41,543 --> 00:25:44,141
Jacub Skulman
arrived on that same day.
550
00:25:45,386 --> 00:25:48,553
I'm offering your client a
chance to prove his innocence.
551
00:25:48,626 --> 00:25:50,061
And when he does, what?
552
00:25:50,130 --> 00:25:52,363
You tattoo a capital "I"
on his forehead?
553
00:25:52,469 --> 00:25:55,874
That number is a symbol
of unimaginable suffering.
554
00:25:55,943 --> 00:25:58,210
And if it's not
one of 131 numbers,
555
00:25:58,282 --> 00:26:00,651
we'll know for sure
he's not Jacub Skulman.
556
00:26:00,721 --> 00:26:02,954
Don't you even see
what you're asking, Ben?
557
00:26:03,060 --> 00:26:04,724
Demanding
that he use that number
558
00:26:04,798 --> 00:26:07,065
to prove his innocence
is an obscenity.
559
00:26:07,805 --> 00:26:08,864
Uh, no, Gary.
560
00:26:08,973 --> 00:26:11,571
The obscenity is
a man killing his wife
561
00:26:12,382 --> 00:26:14,181
to save his own skin.
562
00:26:19,833 --> 00:26:21,530
We'll let a judge decide.
563
00:26:25,212 --> 00:26:27,615
I don't understand,
Mr. Lowenthal.
564
00:26:27,784 --> 00:26:30,951
If your client
isn't this character, Skulman,
565
00:26:31,024 --> 00:26:33,188
why not disclose the number
566
00:26:33,263 --> 00:26:35,257
in the privacy
of Mr. Stone's office,
567
00:26:35,335 --> 00:26:37,329
and put the matter to bed?
568
00:26:37,407 --> 00:26:39,810
Because it won't stay
in Mr. Stone's office.
569
00:26:40,079 --> 00:26:42,141
What happened
to the Fifth Amendment?
570
00:26:42,217 --> 00:26:43,686
If nothing else, Mr. Stone
571
00:26:43,754 --> 00:26:45,621
is asking for possible
self-incrimination.
572
00:26:45,692 --> 00:26:48,129
The Supreme Court ruled
that the Fifth Amendment
573
00:26:48,198 --> 00:26:49,929
only applies to
testimonial evidence.
574
00:26:50,035 --> 00:26:52,006
This is no different
from using fingerprints
575
00:26:52,073 --> 00:26:54,009
or an identification
in a police line-up.
576
00:26:54,112 --> 00:26:56,139
Look, can we put the law aside
for a minute?
577
00:26:56,216 --> 00:26:58,312
We all know that
if these numbers are close,
578
00:26:58,388 --> 00:26:59,789
he doesn't stand a chance.
579
00:26:59,858 --> 00:27:02,261
The jury will convict him
for the wrong reasons.
580
00:27:02,363 --> 00:27:04,835
Something he may have done
in another lifetime.
581
00:27:04,903 --> 00:27:07,534
An elderly woman
who couldn't walk is dead
582
00:27:07,609 --> 00:27:10,673
because that man wanted the
world to forget what he did.
583
00:27:10,884 --> 00:27:12,717
I'm not talking
melodrama here, Ben.
584
00:27:12,788 --> 00:27:14,519
I'm talking tragedy.
585
00:27:15,628 --> 00:27:17,826
Your Honor, it's prejudicial.
586
00:27:18,768 --> 00:27:22,071
Although what Mr. Stone
is asking disgusts me,
587
00:27:22,444 --> 00:27:25,246
my intestinal tract
is still intact.
588
00:27:26,620 --> 00:27:29,388
Mr. Steinmetz will appear
in Mr. Stone's office
589
00:27:29,460 --> 00:27:31,931
no later than 3:00
this afternoon.
590
00:27:31,999 --> 00:27:34,665
Ben, you are
walking through history.
591
00:27:34,906 --> 00:27:37,036
God help us if you fall down.
592
00:27:44,428 --> 00:27:46,661
7581.
593
00:27:46,733 --> 00:27:48,464
And we now know that the man
594
00:27:48,537 --> 00:27:50,131
calling himself
David Steinmetz,
595
00:27:50,207 --> 00:27:53,112
arrived at Auschwitz
the same day as Jacub Skulman.
596
00:27:53,849 --> 00:27:54,943
I was hoping.
597
00:27:55,019 --> 00:27:56,282
Yeah, so was I.
598
00:28:01,233 --> 00:28:02,566
Robinette.
599
00:28:04,374 --> 00:28:05,433
Okay.
600
00:28:06,946 --> 00:28:10,114
Someone from the Justice
Department is in your office.
601
00:28:11,090 --> 00:28:12,525
I'm giving you a break.
602
00:28:12,593 --> 00:28:14,153
I'll take Steinmetz or Skulman
603
00:28:14,230 --> 00:28:15,927
or whoever he is,
off your hands.
604
00:28:16,001 --> 00:28:17,493
And extradite him to Poland?
605
00:28:17,571 --> 00:28:19,975
Why not? We've had
a treaty in effect since 1936.
606
00:28:20,044 --> 00:28:21,069
I have an obligation
607
00:28:21,146 --> 00:28:22,809
to the people
of the State of New York.
608
00:28:22,883 --> 00:28:24,911
Ursula Steinmetz
was one of those people.
609
00:28:24,988 --> 00:28:27,118
Poland can have him
when we're through with him.
610
00:28:27,193 --> 00:28:28,856
One person dies,
it's a tragedy.
611
00:28:28,930 --> 00:28:30,662
Millions,
it's a statistic, right?
612
00:28:30,735 --> 00:28:32,136
That is not what I'm saying.
613
00:28:32,972 --> 00:28:35,168
Good. Stalin said it
50 years ago.
614
00:28:35,242 --> 00:28:37,040
Look, if you convict
the son of a bitch,
615
00:28:37,112 --> 00:28:39,548
he can't be extradited until
he serves out his sentence.
616
00:28:39,616 --> 00:28:42,416
Which, for a 70-year-old man,
means never.
617
00:28:42,755 --> 00:28:45,122
On behalf of the Polish
government we're commencing
618
00:28:45,192 --> 00:28:47,685
an extradition proceeding
next week.
619
00:28:55,107 --> 00:28:58,203
Last month, my daughter was
reading Diary of Anne Frank,
620
00:28:58,279 --> 00:29:00,441
and she thought it was fiction.
621
00:29:00,951 --> 00:29:03,682
So I'm running in circles
with this case.
622
00:29:04,289 --> 00:29:05,779
If I win,
623
00:29:07,260 --> 00:29:09,662
Steinmetz or Skulman
624
00:29:11,400 --> 00:29:13,995
goes to prison
for murdering his wife,
625
00:29:14,271 --> 00:29:16,673
but the world
will never really know
626
00:29:16,809 --> 00:29:19,473
the extent
of his original crimes.
627
00:29:20,214 --> 00:29:22,980
And if I lose,
the verdict goes a long way
628
00:29:23,052 --> 00:29:25,351
to bolster Steinmetz's claim
629
00:29:26,758 --> 00:29:29,991
that Poland is trying
to extradite the wrong man.
630
00:29:30,864 --> 00:29:32,230
Either way,
631
00:29:32,767 --> 00:29:36,763
I'm helping a mass murderer
cover up his crimes.
632
00:29:43,151 --> 00:29:46,144
Ben, a woman was murdered
in our jurisdiction.
633
00:29:47,190 --> 00:29:49,386
And that's our only priority.
634
00:29:51,497 --> 00:29:53,125
So we shield him?
635
00:29:55,370 --> 00:29:57,703
Poland is not entitled
636
00:29:57,774 --> 00:29:59,640
to punish him
for the greater evil?
637
00:29:59,910 --> 00:30:01,378
Greater evil?
638
00:30:01,747 --> 00:30:04,148
Since when did you
get so philosophical?
639
00:30:04,451 --> 00:30:08,823
This office doesn't care
about Poles or Nazis
640
00:30:08,925 --> 00:30:11,794
or any more than it does
about Serbs or Croats.
641
00:30:12,264 --> 00:30:13,892
We're not in the evil business,
642
00:30:13,967 --> 00:30:15,799
we're in the crime business.
643
00:30:16,036 --> 00:30:19,735
Adam, I may be wrong but
I thought that, of all people,
644
00:30:20,209 --> 00:30:21,837
you would want...
645
00:30:23,114 --> 00:30:25,083
The man killed his wife.
646
00:30:25,485 --> 00:30:28,250
Try him, convict him.
That's all I want.
647
00:30:35,434 --> 00:30:37,426
United States Supreme Court,
Your Honor,
648
00:30:37,504 --> 00:30:39,564
in Younger v. Harris
determined
649
00:30:39,674 --> 00:30:41,768
that a Federal court
may not interfere
650
00:30:41,844 --> 00:30:44,007
with an ongoing
State criminal proceeding
651
00:30:44,081 --> 00:30:45,412
unless the prosecution was
652
00:30:45,483 --> 00:30:47,453
brought in bad faith
or as harassment.
653
00:30:47,520 --> 00:30:50,650
The Younger case specified
the interference proscribed
654
00:30:50,725 --> 00:30:53,126
was injunctive or declaratory
relief, Your Honor.
655
00:30:53,195 --> 00:30:55,221
And the principle
is the same, Your Honor.
656
00:30:55,298 --> 00:30:57,267
The State's interest
in prosecuting a felon
657
00:30:57,335 --> 00:30:58,701
outweigh the Federal interest.
658
00:30:58,771 --> 00:31:00,603
We're not talking about
Federal interests.
659
00:31:00,674 --> 00:31:02,541
We're talking about
international treaties.
660
00:31:02,611 --> 00:31:04,603
We are talking about
historical debt.
661
00:31:04,681 --> 00:31:07,446
We're talking about a man who
brutally murdered his wife.
662
00:31:07,518 --> 00:31:08,918
He aided and abetted
663
00:31:08,987 --> 00:31:12,220
in the extermination
of scores of innocent Jews.
664
00:31:12,325 --> 00:31:13,623
The bottom line:
665
00:31:13,695 --> 00:31:15,960
If the State continues
with this prosecution,
666
00:31:16,032 --> 00:31:18,365
Mr. Steinmetz
will die in prison
667
00:31:18,436 --> 00:31:20,837
and never be tried
for crimes against humanity.
668
00:31:20,939 --> 00:31:24,104
And we must allow a suspected
murderer to go untried.
669
00:31:24,178 --> 00:31:26,512
He will be tried
for the greater evil.
670
00:31:26,615 --> 00:31:29,278
Gentlemen, it appears that
whichever way I roll the dice,
671
00:31:29,352 --> 00:31:30,684
it comes up snake eyes.
672
00:31:30,755 --> 00:31:31,780
Your Honor...
673
00:31:31,857 --> 00:31:34,019
Mr. Stone, has
the defendant been indicted?
674
00:31:34,094 --> 00:31:35,562
He has, Your Honor.
675
00:31:35,629 --> 00:31:37,222
So, as I see it,
676
00:31:37,299 --> 00:31:39,029
the State
has sufficient evidence
677
00:31:39,102 --> 00:31:41,298
to make its prima facie case.
678
00:31:41,973 --> 00:31:45,308
In as much as the burden for
granting a restraining order,
679
00:31:45,378 --> 00:31:47,540
is the likelihood
of success at trial,
680
00:31:47,615 --> 00:31:50,450
I am obligated
to grant Mr. Stone's motion.
681
00:31:51,489 --> 00:31:53,958
The extradition
hearing will be delayed
682
00:31:54,025 --> 00:31:56,621
until the State is through
with Mr. Steinmetz.
683
00:31:57,998 --> 00:32:01,664
I'm glad I'm not in your
9- and-a-half Ds, counselor.
684
00:32:04,342 --> 00:32:07,438
Several months ago,
at half past midnight,
685
00:32:07,514 --> 00:32:11,316
someone killed
Ursula Steinmetz.
686
00:32:12,455 --> 00:32:14,720
He held a pillow to the face
687
00:32:15,160 --> 00:32:17,425
of this 70-year-old
grandmother
688
00:32:17,797 --> 00:32:21,064
until she could no longer
gasp for air.
689
00:32:22,971 --> 00:32:27,070
I will show you that pillow
and the bloodstains on it
690
00:32:27,946 --> 00:32:29,915
from her fractured nose.
691
00:32:31,752 --> 00:32:36,089
So there can be little doubt
as to how she died.
692
00:32:38,229 --> 00:32:41,166
The issue of this trial is why,
693
00:32:42,436 --> 00:32:46,465
and once we understand why,
the who is undeniable.
694
00:32:48,913 --> 00:32:51,815
The Steinmetz residence
was not burglarized.
695
00:32:52,519 --> 00:32:55,250
So the motive wasrt greed,
and it wasrt envy,
696
00:32:55,323 --> 00:32:57,121
and it wasrt revenge.
697
00:32:57,259 --> 00:32:58,784
It was history.
698
00:33:01,166 --> 00:33:03,965
And Mr. David Steinmetz,
Ursula's husband,
699
00:33:04,838 --> 00:33:08,867
was well aware that
history can only be written
700
00:33:09,446 --> 00:33:11,074
by the survivors.
701
00:33:12,584 --> 00:33:14,246
And Mr. Steinmetz,
702
00:33:15,421 --> 00:33:19,656
he didn't want his personal
history written at all.
703
00:33:24,035 --> 00:33:26,301
If only history was so clear.
704
00:33:27,107 --> 00:33:30,044
If only we had a witness
to what had happened,
705
00:33:30,545 --> 00:33:33,072
then we could all just go home
and be done with it.
706
00:33:33,150 --> 00:33:35,949
Unfortunately,
there isn't such a witness.
707
00:33:36,389 --> 00:33:37,857
And although Mr. Stone's
708
00:33:37,925 --> 00:33:40,360
telling of the story
is reasonable,
709
00:33:41,129 --> 00:33:43,292
it's just as reasonable
to presume
710
00:33:43,366 --> 00:33:46,462
that after swallowing
a lethal dose of sedatives,
711
00:33:46,772 --> 00:33:51,040
Ursula Steinmetz fell from
her bed and broke her nose.
712
00:33:52,647 --> 00:33:54,776
Mr. Stone wants to know why.
713
00:33:56,253 --> 00:33:58,723
If anything, history tells us
714
00:33:58,791 --> 00:34:00,692
that the search
for explanations
715
00:34:00,760 --> 00:34:04,528
for unimaginable tragedy
creates scapegoats.
716
00:34:06,502 --> 00:34:10,100
Why was Germany in the '20s
trapped in a depression?
717
00:34:10,176 --> 00:34:13,375
Unthinkable.
Blame it on the Jews.
718
00:34:14,882 --> 00:34:17,580
Why were six million Jews
massacred?
719
00:34:18,021 --> 00:34:19,649
Incomprehensible.
720
00:34:20,826 --> 00:34:23,352
They must have been
somehow to blame.
721
00:34:25,266 --> 00:34:28,464
Ursula Steinmetz
took her own life?
722
00:34:30,274 --> 00:34:31,764
Inconceivable.
723
00:34:33,980 --> 00:34:36,472
Her husband
must have been involved.
724
00:34:38,888 --> 00:34:42,017
David Steinmetz survived
a lifetime of torment.
725
00:34:42,961 --> 00:34:44,156
For what?
726
00:34:45,131 --> 00:34:48,591
Don't blame him for something
you might not understand.
727
00:34:50,406 --> 00:34:53,400
From records compiled by
the Polish government,
728
00:34:53,477 --> 00:34:56,880
we know that Jacub Skulman
resided in the Lodz Ghetto.
729
00:34:57,651 --> 00:34:59,882
He was transported to Auschwitz
730
00:35:00,121 --> 00:35:02,648
on August 21, 1944.
731
00:35:03,126 --> 00:35:04,321
The same day that
732
00:35:04,395 --> 00:35:06,626
Mr. Steinmetz
supposedly arrived.
733
00:35:08,168 --> 00:35:11,367
Uh, Mr. Green,
can you please identify
734
00:35:12,475 --> 00:35:15,309
People's Exhibit Number 6?
735
00:35:17,616 --> 00:35:19,448
Yes.
Uh, this is a determination
736
00:35:19,519 --> 00:35:21,647
of the Polish War Crimes Court
737
00:35:21,756 --> 00:35:23,588
in the matter of Jacub Skulman.
738
00:35:23,659 --> 00:35:25,025
Objection, Your Honor.
739
00:35:25,128 --> 00:35:27,597
Uh, Your Honor, this court
can take judicial notice
740
00:35:27,666 --> 00:35:29,065
of the findings
of another court
741
00:35:29,134 --> 00:35:30,500
of competent jurisdiction.
742
00:35:30,570 --> 00:35:32,836
Not when those findings are
completely irrelevant
743
00:35:32,907 --> 00:35:34,432
and unduly prejudicial.
744
00:35:34,510 --> 00:35:35,670
The verdict of that trial
745
00:35:35,744 --> 00:35:37,873
is relevant to establishing
motive, Your Honor.
746
00:35:37,949 --> 00:35:41,409
So, then I will take notice
of the verdict alone.
747
00:35:42,522 --> 00:35:44,788
Uh, what was the outcome
of the trial, sir?
748
00:35:44,860 --> 00:35:46,658
The court found Mr. Skulman
749
00:35:46,729 --> 00:35:49,062
guilty of crimes
against humanity.
750
00:35:49,166 --> 00:35:50,429
Thank you.
751
00:35:51,069 --> 00:35:54,063
In the Polish war crimes trial
of which you spoke,
752
00:35:54,274 --> 00:35:56,938
was Mr. Skulman permitted
to present a defense?
753
00:35:57,012 --> 00:35:59,983
He was tried in absentia, but
there were defense attorneys.
754
00:36:00,084 --> 00:36:02,053
Was there any evidence
presented
755
00:36:02,120 --> 00:36:05,319
indicating that Jacub Skulman
and David Steinmetz
756
00:36:05,392 --> 00:36:07,054
were in fact the same person?
757
00:36:07,128 --> 00:36:08,152
No.
758
00:36:08,230 --> 00:36:09,788
But there was evidence
presented
759
00:36:09,865 --> 00:36:11,231
that Skulman was a Jew?
760
00:36:11,301 --> 00:36:12,860
Relevance, Your Honor?
761
00:36:12,937 --> 00:36:15,601
Mr. Stone offered
the verdict into evidence.
762
00:36:15,675 --> 00:36:17,166
I should be permitted
763
00:36:17,244 --> 00:36:19,475
to question the competency
of that verdict.
764
00:36:19,548 --> 00:36:20,914
Answer the question.
765
00:36:20,983 --> 00:36:22,076
Yes.
766
00:36:22,152 --> 00:36:23,814
Now, tell me, sir.
767
00:36:24,122 --> 00:36:28,254
Would your center consider
Jacub Skulman a war criminal?
768
00:36:31,433 --> 00:36:33,368
You have to
understand that, uh,
769
00:36:33,436 --> 00:36:35,497
that men like Mr. Skulman,
770
00:36:36,141 --> 00:36:38,440
were victims
before they were criminals.
771
00:36:38,679 --> 00:36:40,671
Please answer the question.
772
00:36:41,449 --> 00:36:44,648
No, I... I couldn't say,
unless I saw all of the facts.
773
00:36:44,854 --> 00:36:46,288
But Poland could.
774
00:36:46,524 --> 00:36:50,018
Is that because
Jacub Skulman is a Jew?
775
00:36:50,163 --> 00:36:51,995
Objection, Your Honor.
776
00:36:53,602 --> 00:36:54,934
Withdrawn.
777
00:36:59,044 --> 00:37:01,240
I was only 16 years old,
778
00:37:01,982 --> 00:37:04,009
and to put food on the table,
779
00:37:04,086 --> 00:37:08,047
my sister and I
had to work 15 hours a day
780
00:37:08,158 --> 00:37:09,990
making Nazi uniforms.
781
00:37:10,295 --> 00:37:12,857
We got no water,
we got no rest.
782
00:37:14,335 --> 00:37:18,933
Our shop was forced to produce
25 uniforms a week.
783
00:37:19,677 --> 00:37:21,976
What happened if you
fell behind schedule?
784
00:37:22,548 --> 00:37:25,074
Jacub Skulman beat us.
785
00:37:26,454 --> 00:37:29,151
He beat everyone
who was not productive.
786
00:37:30,927 --> 00:37:33,329
Mrs. Liebman,
please tell the court
787
00:37:33,766 --> 00:37:35,962
what happened to your sister.
788
00:37:36,771 --> 00:37:37,966
Anja...
789
00:37:38,974 --> 00:37:42,845
Anja was rheumatic.
She collapsed.
790
00:37:44,316 --> 00:37:46,786
Skulman put her on a train.
791
00:37:48,690 --> 00:37:52,059
Anyone unable to work,
he put on a train.
792
00:37:52,997 --> 00:37:54,259
To where?
793
00:37:54,766 --> 00:37:56,233
To Auschwitz.
794
00:37:57,203 --> 00:37:58,899
Mrs. Liebman,
what happened when
795
00:37:58,972 --> 00:38:01,909
you spoke of Jacub Skulman
to Mrs. Steinmetz?
796
00:38:02,478 --> 00:38:06,679
She asked questions
about his father's profession.
797
00:38:07,086 --> 00:38:09,214
About his brother's name.
798
00:38:09,522 --> 00:38:12,584
And if his brother, Chaim,
died from polio.
799
00:38:13,396 --> 00:38:15,365
And when I told her that
800
00:38:15,432 --> 00:38:17,594
his mama
played a beautiful flute,
801
00:38:18,904 --> 00:38:20,463
Ursula got pale.
802
00:38:22,810 --> 00:38:24,142
Thank you.
803
00:38:27,752 --> 00:38:30,848
You said that the workers
who were not productive
804
00:38:31,224 --> 00:38:33,854
were sent to the camps.
Is that correct?
805
00:38:35,063 --> 00:38:36,588
He decided who.
806
00:38:37,300 --> 00:38:39,997
And they were replaced
by other workers?
807
00:38:40,506 --> 00:38:41,564
Yes.
808
00:38:41,673 --> 00:38:43,734
And if those workers
were productive,
809
00:38:43,811 --> 00:38:45,609
they avoided deportation?
810
00:38:46,281 --> 00:38:47,374
Yes.
811
00:38:48,484 --> 00:38:52,947
So it's true then that
Skulman saved the majority
812
00:38:53,025 --> 00:38:55,153
by sacrificing the minority?
813
00:39:02,174 --> 00:39:04,666
Look at the defendant,
Mrs. Liebman.
814
00:39:04,911 --> 00:39:07,404
Can you say
without any reasonable doubt
815
00:39:08,349 --> 00:39:10,375
that he is Jacub Skulman?
816
00:39:22,071 --> 00:39:23,403
Thank you.
817
00:39:28,648 --> 00:39:30,948
We're walking up
the down escalator.
818
00:39:31,019 --> 00:39:32,681
Every time we get
close to the top,
819
00:39:32,755 --> 00:39:34,348
Lowenthal turns up
the velocity.
820
00:39:34,425 --> 00:39:36,018
What'd you expect?
821
00:39:36,094 --> 00:39:37,618
Trying to
reconstruct a reality,
822
00:39:37,697 --> 00:39:39,598
that's worse
than any nightmare.
823
00:39:39,666 --> 00:39:42,500
Which gives Lowenthal a
truckload of reasonable doubt.
824
00:39:42,570 --> 00:39:44,802
As to Steinmetz's
true identity,
825
00:39:44,941 --> 00:39:47,206
what's relevant is
what his wife thought.
826
00:39:47,278 --> 00:39:49,840
What's relevant is what
he thought she was thinking.
827
00:39:49,916 --> 00:39:53,012
And he's not talking, and she
kept her thoughts to herself.
828
00:39:53,088 --> 00:39:54,316
Did she?
829
00:39:54,524 --> 00:39:55,855
The rabbi?
830
00:39:55,992 --> 00:39:58,792
If Mrs. Steinmetz talked
to him, it's privileged.
831
00:39:58,863 --> 00:40:00,456
But her executor
can waive that.
832
00:40:00,533 --> 00:40:02,468
That's the daughter, right?
833
00:40:03,037 --> 00:40:06,235
He's my father, Mr. Stone.
He would never lie to me.
834
00:40:06,308 --> 00:40:09,438
And if my mother suspected
anything, I would have known.
835
00:40:09,547 --> 00:40:11,881
Maybe she was trying
to protect you.
836
00:40:12,318 --> 00:40:13,343
No.
837
00:40:13,887 --> 00:40:16,413
There's a chance
she talked to your rabbi.
838
00:40:25,072 --> 00:40:26,734
Whatever you want.
839
00:40:27,676 --> 00:40:30,146
But you'll see. You are wrong.
840
00:40:36,523 --> 00:40:37,889
When Ursula heard
841
00:40:37,959 --> 00:40:40,019
Mrs. Liebmars description
of Skulman,
842
00:40:40,095 --> 00:40:41,654
she was convinced.
843
00:40:41,865 --> 00:40:44,027
There were
too many similarities.
844
00:40:44,202 --> 00:40:47,196
After her husband denied
everything, she came to me.
845
00:40:47,741 --> 00:40:49,767
And how did you counsel her?
846
00:40:50,613 --> 00:40:52,946
I told her
to go to the authorities.
847
00:40:53,283 --> 00:40:54,911
But she refused?
848
00:40:56,421 --> 00:40:59,517
She was filled with
too much guilt, with shame.
849
00:40:59,927 --> 00:41:02,762
She worried what it would do
to her family.
850
00:41:04,534 --> 00:41:05,866
Thank you.
851
00:41:16,553 --> 00:41:19,456
You counsel many survivors,
isn't that true?
852
00:41:19,992 --> 00:41:22,188
I conduct weekly meetings, yes.
853
00:41:22,262 --> 00:41:25,233
And is it true that
many survivors
854
00:41:25,300 --> 00:41:27,736
live with enormous guilt
over the past?
855
00:41:28,973 --> 00:41:32,001
They feel guilty about
surviving when so many died.
856
00:41:32,613 --> 00:41:34,137
As a therapist,
857
00:41:35,050 --> 00:41:37,885
would you call
this guilt irrational?
858
00:41:39,991 --> 00:41:42,256
No. Ursula Steinmetz
wasrt like that.
859
00:41:42,561 --> 00:41:45,191
That's right.
She didn't blame herself.
860
00:41:45,666 --> 00:41:47,567
She blamed her husband.
861
00:41:50,507 --> 00:41:53,444
When she got sick,
he did everything for her.
862
00:41:53,979 --> 00:41:57,041
He carried her to
the bathroom, up the stairs.
863
00:41:57,652 --> 00:42:00,088
On Sundays, he would
wheel her through the park
864
00:42:00,156 --> 00:42:02,250
no matter how tired he got.
865
00:42:02,894 --> 00:42:04,795
Not the picture of a murderer.
866
00:42:04,864 --> 00:42:05,990
Objection.
867
00:42:06,065 --> 00:42:07,397
Withdrawn.
868
00:42:08,103 --> 00:42:10,436
What, if any,
indications did you have
869
00:42:10,506 --> 00:42:13,568
that your mother
committed suicide, Mrs. Feder?
870
00:42:15,848 --> 00:42:19,547
Over the past five months,
her condition deteriorated.
871
00:42:21,089 --> 00:42:23,559
She didn't want to
burden us anymore.
872
00:42:25,697 --> 00:42:26,926
After...
873
00:42:27,566 --> 00:42:30,503
A few days before she died,
I... I went to visit her
874
00:42:30,571 --> 00:42:33,097
and she showed me
where she kept her will.
875
00:42:33,309 --> 00:42:37,042
She told me that she wanted to
have all her things in order.
876
00:42:40,254 --> 00:42:41,380
No more questions.
877
00:42:41,455 --> 00:42:43,584
She never talked about
the will in her deposition.
878
00:42:43,659 --> 00:42:44,990
She's lying.
879
00:42:45,060 --> 00:42:46,585
Recess, Your Honor?
880
00:42:46,696 --> 00:42:48,723
Early lunch.
Be back in two hours.
881
00:42:51,304 --> 00:42:52,829
If you're telling the truth,
882
00:42:52,907 --> 00:42:55,673
why did you wait until now
to mention your mother's will?
883
00:42:55,745 --> 00:42:57,043
You heard the rabbi.
884
00:42:57,114 --> 00:42:58,445
It's clear
he killed your mother.
885
00:42:58,515 --> 00:42:59,778
Knowing what your father did,
886
00:42:59,851 --> 00:43:02,048
how can you live with yourself
if you help him go free?
887
00:43:02,122 --> 00:43:03,852
How could I live with myself
if I don't?
888
00:43:03,925 --> 00:43:06,486
'Cause you're losing, doesn't
mean you can change the rules.
889
00:43:06,562 --> 00:43:07,996
This is called tampering.
890
00:43:08,064 --> 00:43:09,498
I'm not tampering
with a witness.
891
00:43:09,567 --> 00:43:11,297
I am now talking
to a defendant.
892
00:43:11,369 --> 00:43:13,395
Mrs. Feder,
you committed perjury.
893
00:43:13,472 --> 00:43:15,908
As such, you are an accomplice
after the fact.
894
00:43:15,977 --> 00:43:18,173
You cannot turn Mara
against me.
895
00:43:18,247 --> 00:43:20,375
Things haven't changed much,
have they, sir?
896
00:43:20,450 --> 00:43:22,009
50 years ago,
you protected yourself
897
00:43:22,086 --> 00:43:23,486
at the expense of others.
898
00:43:23,555 --> 00:43:24,853
Your wife is now dead,
899
00:43:24,924 --> 00:43:27,952
and your daughter's gonna go
to prison so you can go free.
900
00:43:28,763 --> 00:43:30,858
Papa.
901
00:43:38,512 --> 00:43:41,039
Against my better judgment,
my client will deal
902
00:43:41,117 --> 00:43:43,643
if you drop the charges
against his daughter.
903
00:43:44,823 --> 00:43:48,090
We've traveled a long way to
come back to where we started.
904
00:43:48,161 --> 00:43:50,892
There's one
other condition, Mr. Stone.
905
00:43:51,000 --> 00:43:53,663
The record on my father's
trial must be sealed.
906
00:43:56,475 --> 00:43:58,637
Murder two. He serves the max.
907
00:43:58,878 --> 00:44:00,938
25 years. Come on, Ben.
908
00:44:01,416 --> 00:44:03,715
Had he walked the streets
for another hour,
909
00:44:03,786 --> 00:44:06,723
nobody would have ever heard
of David Steinmetz.
910
00:44:09,930 --> 00:44:11,330
Mr. Steinmetz.
911
00:44:12,566 --> 00:44:15,093
Sir, you really didn't know
912
00:44:15,171 --> 00:44:17,572
how many pills
your wife had taken?
913
00:44:17,775 --> 00:44:19,972
She could not live with this.
914
00:44:20,579 --> 00:44:23,048
When I came home,
she was on the floor.
915
00:44:23,217 --> 00:44:25,584
And if you confessed
to assisted suicide,
916
00:44:25,654 --> 00:44:27,885
nobody would ask any questions.
917
00:44:28,259 --> 00:44:30,728
It'd be one year
instead of 25. Right?
918
00:44:31,931 --> 00:44:35,425
Heinrich, an SS officer,
he came to our home.
919
00:44:35,737 --> 00:44:38,503
He gave us cake.
We barely had bread.
920
00:44:39,343 --> 00:44:40,436
He told me that if I could
921
00:44:40,511 --> 00:44:42,912
convince my neighbors
to cooperate,
922
00:44:43,516 --> 00:44:45,314
none of us would be harmed.
923
00:44:46,387 --> 00:44:49,825
I was 19. If I didn't do it,
somebody else would have.
924
00:44:50,661 --> 00:44:53,655
People lived
a few months, weeks,
925
00:44:55,302 --> 00:44:58,637
days longer.
That's what it was about.
926
00:45:00,677 --> 00:45:02,703
People who were not there,
927
00:45:04,182 --> 00:45:06,014
they could never understand.
928
00:45:07,554 --> 00:45:09,546
Your wife was there, sir.
929
00:45:09,691 --> 00:45:11,956
She understood very well
what you did.
930
00:45:12,229 --> 00:45:14,391
And that's why you killed her.
931
00:45:23,379 --> 00:45:24,540
Deal?
932
00:45:27,553 --> 00:45:29,545
What happens now, Mr. Stone?
933
00:45:29,623 --> 00:45:32,458
Mr. Steinmetz has confessed
to murdering his wife
934
00:45:32,528 --> 00:45:34,224
and he will spend
the rest of his life
935
00:45:34,297 --> 00:45:36,664
in the State Correctional
Facility at Dannemora,
936
00:45:36,734 --> 00:45:38,134
commencing immediately.
937
00:45:38,203 --> 00:45:40,867
Is Mr. Steinmetz in fact
Jacub Skulman?
938
00:45:40,941 --> 00:45:43,775
The District Attorney's office
has insufficient evidence
939
00:45:43,845 --> 00:45:45,814
to make such a determination.
940
00:45:46,116 --> 00:45:48,711
Sources inside
the State Department
941
00:45:48,786 --> 00:45:51,222
indicate that any further
extradition proceedings
942
00:45:51,291 --> 00:45:53,351
have been undermined
by today's developments.
943
00:45:53,427 --> 00:45:54,690
Mr. Steinmetz's...
944
00:45:56,165 --> 00:45:57,963
They beat you.
They starve you.
945
00:45:58,035 --> 00:46:00,368
Makes me wonder
what I would have done.
946
00:46:01,005 --> 00:46:04,033
There's no Supreme Court
of Ethics, my friend.
947
00:46:04,111 --> 00:46:06,343
Sometimes the only yardstick is
948
00:46:06,849 --> 00:46:09,843
can you look yourself
in the mirror the day after?
949
00:46:10,020 --> 00:46:11,613
What about Mara?
950
00:46:12,023 --> 00:46:13,753
By insisting we seal the file,
951
00:46:13,826 --> 00:46:16,091
she was still
protecting her father.
952
00:46:16,531 --> 00:46:18,557
She wasrt protecting
her father.
953
00:46:18,834 --> 00:46:20,928
She was protecting her son.