1 00:00:03,972 --> 00:00:06,851 ...combination, really controlling the pace... 2 00:00:12,447 --> 00:00:14,025 That's the thing about these two fighters, 3 00:00:14,049 --> 00:00:16,316 they both have excellent footwork. 4 00:00:30,599 --> 00:00:33,066 Dad? 5 00:00:38,106 --> 00:00:40,207 What are you doing? 6 00:00:40,566 --> 00:00:42,275 You should be asleep, pal. 7 00:00:42,609 --> 00:00:44,444 I hear noise. 8 00:00:44,820 --> 00:00:46,791 That's just the TV. 9 00:00:46,815 --> 00:00:48,793 All right? Now close your eyes. 10 00:00:48,817 --> 00:00:50,628 I'm not tired. 11 00:00:52,988 --> 00:00:56,201 All right. I got business. 12 00:00:56,225 --> 00:00:59,042 All right? You stay in this bed. You hear me? 13 00:00:59,905 --> 00:01:02,507 I see you out of this bed, you and me got big problems. 14 00:01:02,531 --> 00:01:03,930 Yes, sir. 15 00:01:04,506 --> 00:01:05,932 All right. 16 00:01:13,976 --> 00:01:15,820 - What's happening, man? - Yo, what's good, man? 17 00:01:15,844 --> 00:01:17,155 - What you need? - Back up. Back up, man! 18 00:01:17,179 --> 00:01:18,790 - I'll take it all. - Give me the roll! 19 00:01:18,814 --> 00:01:21,526 - Just give me the cash! - Give me the roll! 20 00:01:28,290 --> 00:01:29,968 No, no. No! 21 00:01:48,377 --> 00:01:50,052 Your 10:00 a.m. is here. 22 00:01:52,247 --> 00:01:54,325 Dr. Harper came to see me yesterday. 23 00:01:54,349 --> 00:01:56,461 He has a rather daunting legal problem, 24 00:01:56,485 --> 00:01:58,180 and I immediately thought 25 00:01:58,749 --> 00:02:00,832 we're gonna need some more hands on deck. 26 00:02:00,856 --> 00:02:03,423 Well, before I sign on for the big voyage, 27 00:02:03,941 --> 00:02:05,403 let's begin at the beginning. 28 00:02:05,427 --> 00:02:07,338 Why don't you tell me what's going on? 29 00:02:07,362 --> 00:02:09,007 I'm a pediatrician. 30 00:02:09,031 --> 00:02:12,310 I live in White Plains just outside the city. 31 00:02:12,334 --> 00:02:16,180 I was in my offices here in Midtown, seeing a patient, 32 00:02:16,204 --> 00:02:18,040 just after 11:00 yesterday morning, 33 00:02:18,064 --> 00:02:20,585 when the police showed up to arrest me. 34 00:02:20,609 --> 00:02:22,042 What for? 35 00:02:22,837 --> 00:02:25,323 The execution-style murder 36 00:02:25,347 --> 00:02:27,814 of a heroin dealer in the Bronx. 37 00:02:28,423 --> 00:02:30,016 Okay. 38 00:02:30,551 --> 00:02:32,030 By the way, 39 00:02:32,054 --> 00:02:35,700 I don't believe that I have been in the Bronx in over a decade. 40 00:02:35,724 --> 00:02:39,904 I have never ever in my life done heroin. 41 00:02:39,928 --> 00:02:43,029 I'm not sure I'd know what it was if it were in front of me. 42 00:02:43,689 --> 00:02:48,034 I've not fired a gun that shoots anything bigger than a BB. 43 00:02:48,694 --> 00:02:52,006 And I was home with my wife and two girls 44 00:02:52,030 --> 00:02:56,832 when this... execution took place. 45 00:02:57,286 --> 00:02:59,246 Why do you think they arrested you? 46 00:03:02,124 --> 00:03:05,419 DNA evidence was recovered from under the victim's fingernails, 47 00:03:05,443 --> 00:03:07,643 the result of a struggle with the killer. 48 00:03:08,046 --> 00:03:09,389 And? 49 00:03:10,215 --> 00:03:12,781 It appears to belong to Dr. Harper. 50 00:03:12,805 --> 00:03:14,204 How close a match? 51 00:03:14,636 --> 00:03:17,222 100%. 52 00:03:20,877 --> 00:03:22,802 Not a lot of wiggle room there. 53 00:03:23,395 --> 00:03:25,583 Our new client, Dr. Michael Harper, 54 00:03:25,607 --> 00:03:27,808 is out on $1 million bail after having been arrested 55 00:03:27,832 --> 00:03:30,121 for the murder of Joseph Lowell, 56 00:03:30,145 --> 00:03:32,824 a heroin dealer who was killed in his apartment in the Bronx. 57 00:03:32,848 --> 00:03:34,926 We only represent the best clients. 58 00:03:34,950 --> 00:03:36,717 No sign of a break-in, 59 00:03:36,741 --> 00:03:39,743 which suggests the perpetrator was a known acquaintance. 60 00:03:39,767 --> 00:03:41,866 Additionally, he had just received a text 61 00:03:41,890 --> 00:03:45,136 from someone with an untraceable burner phone. 62 00:03:45,160 --> 00:03:47,762 Joseph, the drug dealer, was killed with his own gun, 63 00:03:47,786 --> 00:03:50,362 which was later discovered in the Hudson 64 00:03:50,386 --> 00:03:52,243 with no recoverable prints. 65 00:03:52,267 --> 00:03:54,201 So is Dr. Harper in fact 66 00:03:54,225 --> 00:03:56,749 a known acquaintance of this Joseph Lowell? 67 00:03:57,735 --> 00:03:59,540 He claims to have never heard his name 68 00:03:59,564 --> 00:04:02,363 before the police showed up at his medical practice. 69 00:04:02,387 --> 00:04:04,622 Okay, so if he's innocent, 70 00:04:04,646 --> 00:04:07,468 then how did his DNA end up on this dead drug dealer? 71 00:04:07,492 --> 00:04:09,293 At the moment, no one can answer that question, 72 00:04:09,317 --> 00:04:10,985 but Bull thinks it may have something to do 73 00:04:11,009 --> 00:04:13,431 with the way the police made their DNA match. 74 00:04:13,455 --> 00:04:14,632 What do you mean? 75 00:04:14,656 --> 00:04:15,990 After the police found 76 00:04:16,014 --> 00:04:18,626 what they suspected was the murderer's DNA 77 00:04:18,650 --> 00:04:20,638 under the victim's fingernails, they ran the sample 78 00:04:20,662 --> 00:04:23,563 through their internal database, and they came up dry. 79 00:04:24,748 --> 00:04:27,011 I'm confused. Then how did they make the match? 80 00:04:27,035 --> 00:04:28,836 They didn't, but it turns out that one of these 81 00:04:28,860 --> 00:04:32,049 big for-profit genealogy companies did. 82 00:04:32,073 --> 00:04:33,674 Dr. Harper's wife had sent them 83 00:04:33,698 --> 00:04:36,263 some of her husband's DNA as a birthday present. 84 00:04:36,287 --> 00:04:38,322 He's an only child, both his parents 85 00:04:38,346 --> 00:04:41,218 had passed two years ago, and he's got no sons. 86 00:04:41,242 --> 00:04:43,084 He started talking to her about how he felt 87 00:04:43,108 --> 00:04:44,362 he didn't really know where he came from, 88 00:04:44,386 --> 00:04:46,540 didn't really have a handle on his roots. 89 00:04:46,564 --> 00:04:48,699 That he was likely the last of his family, 90 00:04:48,723 --> 00:04:50,758 but he really had no idea who his family was. 91 00:04:50,782 --> 00:04:52,477 It seemed like the perfect gift. 92 00:04:52,501 --> 00:04:54,172 Wait. You're talking about one of those places 93 00:04:54,196 --> 00:04:55,629 you send a cheek swab into 94 00:04:55,653 --> 00:04:58,109 to find out what country your relatives came from? 95 00:04:58,133 --> 00:04:59,900 Is it even legal for them 96 00:04:59,924 --> 00:05:02,357 to turn over your private information like that? 97 00:05:02,381 --> 00:05:04,182 I'm betting they had a search warrant. 98 00:05:04,206 --> 00:05:06,553 They sure did. It was all on the up-and-up. 99 00:05:06,577 --> 00:05:08,553 Perfectly admissible in court. 100 00:05:08,577 --> 00:05:11,144 DNA? That's a, that's a tough one. 101 00:05:11,628 --> 00:05:14,415 Did you know that 95% of jurors are willing to convict 102 00:05:14,439 --> 00:05:16,494 based on DNA evidence alone? 103 00:05:16,518 --> 00:05:18,796 Okay, so let's review. 104 00:05:18,820 --> 00:05:21,065 This man had no relationship to the victim, 105 00:05:21,089 --> 00:05:24,302 had no criminal record, no history of drug abuse, 106 00:05:24,326 --> 00:05:26,838 had no ties to the crime whatsoever. 107 00:05:26,862 --> 00:05:29,340 And where did he say he was the night of the killing? 108 00:05:29,364 --> 00:05:31,042 Home with his family. 109 00:05:31,066 --> 00:05:34,167 Well, then there must have been a mistake, right? 110 00:05:35,270 --> 00:05:37,137 Now all we have to do is prove it. 111 00:05:37,482 --> 00:05:39,587 Your posture should be relaxed. 112 00:05:39,965 --> 00:05:42,542 More than anything, we want you to appear comfortable. 113 00:05:43,034 --> 00:05:44,689 You don't want to look like you're trying too hard. 114 00:05:44,713 --> 00:05:46,691 The jury can almost always sense it. 115 00:05:46,715 --> 00:05:48,414 Trying too hard to what? 116 00:05:48,999 --> 00:05:50,428 Save my husband's life? 117 00:05:50,452 --> 00:05:52,430 Look, I know that this is difficult, 118 00:05:52,454 --> 00:05:54,707 but alibis from family members 119 00:05:54,731 --> 00:05:56,367 are the toughest to get a jury to trust. 120 00:05:56,391 --> 00:05:58,236 You'd be surprised, the things that people say 121 00:05:58,260 --> 00:05:59,737 to protect their spouses. 122 00:05:59,761 --> 00:06:03,207 We were home, with our kids, watching television in bed. 123 00:06:03,231 --> 00:06:06,666 If I had known I would have to prove this in a trial... 124 00:06:09,811 --> 00:06:11,396 I'm sorry. 125 00:06:14,442 --> 00:06:16,376 He's a pediatrician. 126 00:06:17,194 --> 00:06:19,696 He makes kids feel better when they're sick. 127 00:06:20,182 --> 00:06:22,570 He comforts them when they're scared. 128 00:06:22,594 --> 00:06:24,996 - That's who he is. - Well, there you go. 129 00:06:25,020 --> 00:06:27,031 That's what the jury needs to know. 130 00:06:27,055 --> 00:06:29,222 That's what the jury needs to understand. 131 00:06:30,081 --> 00:06:32,725 You know I'm the one who sent his DNA to that company. 132 00:06:33,543 --> 00:06:34,939 Michael had nothing to do with it. 133 00:06:34,963 --> 00:06:37,842 This... is my fault. 134 00:06:37,866 --> 00:06:39,833 - Mrs. Harper, you... - It was a couple years ago. 135 00:06:39,857 --> 00:06:42,224 I'd completely forgotten about it until I got that e-mail. 136 00:06:43,136 --> 00:06:44,528 E-mail? 137 00:06:44,552 --> 00:06:47,752 What do you know about the Fourth Amendment? 138 00:06:47,776 --> 00:06:51,223 Uh, unreasonable search and seizure. 139 00:06:51,247 --> 00:06:52,757 It's one of my favorites. 140 00:06:52,781 --> 00:06:56,494 Why? You got a pop quiz coming up in constitutional law? 141 00:06:56,518 --> 00:06:58,118 Michael's wife is the one 142 00:06:58,142 --> 00:07:01,132 that sent his DNA sample to that genealogy company. 143 00:07:01,156 --> 00:07:03,345 - I know that. - But did you know this? 144 00:07:03,369 --> 00:07:04,802 A few days before the arrest, 145 00:07:04,826 --> 00:07:06,973 she got an e-mail from the company. 146 00:07:06,997 --> 00:07:09,272 It said they had received a duplicate sample 147 00:07:09,296 --> 00:07:11,139 and that they wanted to know 148 00:07:11,163 --> 00:07:12,977 if it was from her or another family member. 149 00:07:13,001 --> 00:07:15,179 She just told you that? 150 00:07:15,203 --> 00:07:16,570 I'm like a human can opener. 151 00:07:16,594 --> 00:07:18,493 People spend time with me, and they can't help themselves. 152 00:07:18,517 --> 00:07:19,617 All right. 153 00:07:19,641 --> 00:07:21,986 So where are you going with this? 154 00:07:22,010 --> 00:07:25,056 Well, we know the police were at a dead end. 155 00:07:25,080 --> 00:07:27,147 They couldn't I.D. the DNA from the crime scene 156 00:07:27,171 --> 00:07:29,060 using their databases. 157 00:07:29,084 --> 00:07:31,729 So they got a search warrant. You heard Danny. 158 00:07:31,753 --> 00:07:33,397 But how did they get it? 159 00:07:33,421 --> 00:07:35,499 To get a search warrant, you need probable cause. 160 00:07:35,523 --> 00:07:37,635 There's no way they could've known that Michael's wife 161 00:07:37,659 --> 00:07:39,870 sent his DNA into that genealogy company, 162 00:07:39,894 --> 00:07:42,250 or any genealogy company, for that matter. 163 00:07:42,274 --> 00:07:44,008 I know it sounds a little crazy, 164 00:07:44,032 --> 00:07:46,444 but what if, before they got the search warrant, 165 00:07:46,468 --> 00:07:49,780 they sent a sample of this DNA to the genealogy company... 166 00:07:49,804 --> 00:07:52,917 every genealogy company... posing as a customer, 167 00:07:52,941 --> 00:07:54,719 all as part of an elaborate ruse 168 00:07:54,743 --> 00:07:56,377 to get one of these companies to verify 169 00:07:56,401 --> 00:07:58,656 they had a match in their system? 170 00:07:58,680 --> 00:08:00,247 That way, they can go to a judge, and say, 171 00:08:00,271 --> 00:08:02,771 "We need a warrant for this particular company." 172 00:08:03,447 --> 00:08:04,829 Pretty good. 173 00:08:04,853 --> 00:08:07,121 The website would've flagged it as a duplicate match, 174 00:08:07,145 --> 00:08:09,500 alerted the original customer... 175 00:08:09,524 --> 00:08:12,126 And confirmed to the cops that the killer's DNA 176 00:08:12,150 --> 00:08:14,249 was in their system, without even realizing it. 177 00:08:14,273 --> 00:08:15,673 - Right. - So you're thinking 178 00:08:15,697 --> 00:08:17,575 if we take this to a judge, he or she might rule 179 00:08:17,599 --> 00:08:19,899 all this DNA evidence collected inadmissible? 180 00:08:21,236 --> 00:08:22,313 It's worth a shot. 181 00:08:22,337 --> 00:08:25,216 Your Honor, this e-mail was sent 182 00:08:25,240 --> 00:08:27,860 to Mrs. Harper five days prior to Michael's arrest, 183 00:08:27,884 --> 00:08:30,788 and three days prior to the application for a search warrant. 184 00:08:30,812 --> 00:08:32,787 It's clearly a Fourth Amendment violation. 185 00:08:33,715 --> 00:08:35,593 Uh, exactly how so? 186 00:08:35,617 --> 00:08:37,551 Well, the police contacted the website 187 00:08:37,575 --> 00:08:39,641 under an assumed identity, 188 00:08:39,665 --> 00:08:41,966 effectively tricking them into participating 189 00:08:41,990 --> 00:08:43,290 in a law enforcement investigation 190 00:08:43,314 --> 00:08:44,535 without their knowledge. 191 00:08:44,559 --> 00:08:46,451 And the A.D.A. here signed off on it. 192 00:08:46,475 --> 00:08:49,807 Your Honor, using a ruse, lying to a suspect 193 00:08:49,831 --> 00:08:52,109 to elicit information relevant to a criminal case 194 00:08:52,133 --> 00:08:54,612 is absolutely legal here in the state of New York. 195 00:08:54,636 --> 00:08:56,781 You didn't lie to a suspect, you lied to a public corporation. 196 00:08:56,805 --> 00:08:58,916 It has no effect on the legitimacy of the evidence. 197 00:08:58,940 --> 00:09:01,018 Doesn't say a whole hell of a lot about the integrity 198 00:09:01,042 --> 00:09:02,219 of the D.A.'s office. 199 00:09:02,243 --> 00:09:03,711 Kind of hard not to wonder what other rules 200 00:09:03,735 --> 00:09:05,790 - you'd be willing to break. - Enough. 201 00:09:05,814 --> 00:09:07,448 Judge Volk, the defense requests 202 00:09:07,472 --> 00:09:10,494 that the court suppress all evidence relating to this DNA 203 00:09:10,518 --> 00:09:12,960 since it was obtained through what amounts to 204 00:09:12,984 --> 00:09:14,361 an illegal search and seizure. 205 00:09:14,385 --> 00:09:16,767 Your Honor, you mustn't suppress that evidence. 206 00:09:16,791 --> 00:09:18,269 T-The government's entire case... 207 00:09:18,293 --> 00:09:20,838 Exactly! The government's entire case is built on fruit 208 00:09:20,862 --> 00:09:25,331 from a poisonous tree, and you must, therefore, suppress it. 209 00:09:26,091 --> 00:09:27,550 The discovery's troubling. 210 00:09:28,596 --> 00:09:30,748 But if the defense takes it up with anyone, 211 00:09:30,772 --> 00:09:32,605 they should take it up with the genealogy site. 212 00:09:33,626 --> 00:09:34,760 Not the police. 213 00:09:35,141 --> 00:09:37,411 They were just doing their job, 214 00:09:37,435 --> 00:09:38,935 trying to find a cold-blooded killer 215 00:09:38,959 --> 00:09:41,492 who orphaned a little boy. 216 00:09:42,851 --> 00:09:45,432 Are you aware that boy's mother died when he was a baby? 217 00:09:45,456 --> 00:09:48,318 That man, whatever his troubles, 218 00:09:48,342 --> 00:09:50,668 was all the boy had in the world. 219 00:09:50,692 --> 00:09:52,825 Now he's in the system. 220 00:09:53,446 --> 00:09:57,530 Where, in all likelihood, he'll remain until he turns 18. 221 00:09:58,289 --> 00:10:01,601 Someone has to be held responsible for that. 222 00:10:04,992 --> 00:10:06,992 The DNA match stands as evidence. 223 00:10:08,109 --> 00:10:10,321 This trial will continue. 224 00:10:10,345 --> 00:10:15,849 Synced & corrected by -robtor- www.addic7ed.com 225 00:10:19,462 --> 00:10:22,912 Anybody here ever heard of the Phantom of Heilbronn? 226 00:10:22,936 --> 00:10:24,184 Female serial killer, 227 00:10:24,208 --> 00:10:27,191 terrorized France, Germany, Austria, 228 00:10:27,215 --> 00:10:29,216 from 1993 to 2009? 229 00:10:30,636 --> 00:10:33,864 DNA evidence linked her to over 40 crimes, 230 00:10:33,865 --> 00:10:36,619 including six murders. 231 00:10:37,435 --> 00:10:40,237 And when I say "linked her," I mean figuratively, 232 00:10:40,261 --> 00:10:42,028 because even though they had all this DNA, 233 00:10:42,052 --> 00:10:43,318 they had no idea who she was. 234 00:10:44,302 --> 00:10:45,735 Three different countries. 235 00:10:46,177 --> 00:10:49,537 No apparent links at all between the victims. 236 00:10:49,561 --> 00:10:51,128 Made no sense. 237 00:10:51,152 --> 00:10:53,247 I sense a punch line coming. 238 00:10:53,271 --> 00:10:55,605 Well, the police finally tracked that DNA 239 00:10:55,629 --> 00:10:57,463 to a sweet old woman in Latvia 240 00:10:57,487 --> 00:11:01,123 who was working in a factory, manufacturing cotton swabs. 241 00:11:01,147 --> 00:11:03,281 I'm guessing the same cotton swabs 242 00:11:03,305 --> 00:11:06,840 used to gather the DNA evidence from the crime scenes. 243 00:11:07,399 --> 00:11:08,861 What happened? 244 00:11:08,885 --> 00:11:11,820 She must have contaminated them with her own DNA. 245 00:11:11,844 --> 00:11:13,545 Validate that man's parking. 246 00:11:13,569 --> 00:11:16,304 All right, until we find our own little Latvian woman 247 00:11:16,328 --> 00:11:19,230 working in a Q-tip factory, we need to find jurors whose 248 00:11:19,254 --> 00:11:20,954 psychological makeup 249 00:11:20,978 --> 00:11:22,779 will allow them to look 250 00:11:22,803 --> 00:11:25,737 past what seems to be incontrovertible evidence. 251 00:11:26,262 --> 00:11:28,228 How in the world do you do that? 252 00:11:28,820 --> 00:11:31,364 We look for jurors who rely on an affect heuristic 253 00:11:31,388 --> 00:11:33,134 when it comes to decision-making. 254 00:11:33,158 --> 00:11:35,803 I have no idea what you're talking about. 255 00:11:35,827 --> 00:11:38,905 A heuristic is a kind of mental shortcut 256 00:11:38,929 --> 00:11:41,609 we all use to make decisions throughout the day, 257 00:11:41,633 --> 00:11:43,791 and when those decisions are allowed to be colored 258 00:11:43,791 --> 00:11:45,869 by our mood or our feelings 259 00:11:45,893 --> 00:11:47,504 in the moment we make the decision, 260 00:11:47,528 --> 00:11:49,206 that is called an affect heuristic. 261 00:11:49,230 --> 00:11:52,417 Essentially, we want jurors who go with their gut. 262 00:11:52,441 --> 00:11:53,608 Why? 263 00:11:53,632 --> 00:11:56,213 Because the one thing there's no denying is that when you first 264 00:11:56,237 --> 00:11:57,888 meet our client, "killer" is not the word 265 00:11:57,912 --> 00:11:58,994 that pops into your head. 266 00:11:58,995 --> 00:12:00,573 Yeah, the guy's likable. 267 00:12:00,597 --> 00:12:02,074 You trust him. 268 00:12:02,098 --> 00:12:04,310 Not withstanding the charges against him, 269 00:12:04,334 --> 00:12:06,112 he strikes you as a good man. 270 00:12:06,137 --> 00:12:08,280 - Yeah. - And the thing about jurors is, 271 00:12:08,304 --> 00:12:10,383 if their first impression is positive, they are gonna 272 00:12:10,407 --> 00:12:12,084 struggle with the idea 273 00:12:12,108 --> 00:12:14,220 that they need to modify that impression. 274 00:12:14,244 --> 00:12:16,989 And the seemingly irrefutable DNA evidence 275 00:12:17,013 --> 00:12:19,725 - will have less impact. - And what do I need 276 00:12:19,749 --> 00:12:23,262 to ask them to figure out if they have this, um, this...? 277 00:12:23,286 --> 00:12:25,398 - Affect heuristic? - Yes. 278 00:12:25,728 --> 00:12:28,200 You don't have to ask them anything. 279 00:12:28,439 --> 00:12:30,569 You just have to open your eyes. 280 00:12:30,593 --> 00:12:33,673 Older woman in the gray sweater is looking 281 00:12:33,697 --> 00:12:36,239 at Michael like he's her grandson. We want her. 282 00:12:37,534 --> 00:12:38,978 But we haven't even talked to her yet. 283 00:12:39,002 --> 00:12:41,580 Words lie, body language doesn't. 284 00:12:41,604 --> 00:12:43,115 She likes him. 285 00:12:43,139 --> 00:12:44,550 But at the end of the day, 286 00:12:44,574 --> 00:12:46,552 it can't just be about an affect heuristic. 287 00:12:46,576 --> 00:12:49,188 That might net us one or two friends on the jury, 288 00:12:49,212 --> 00:12:51,590 but we're gonna need to broaden our search. 289 00:12:51,614 --> 00:12:53,826 Target jurors with pessimism bias, as well. 290 00:12:53,850 --> 00:12:55,628 People who tend to exaggerate 291 00:12:55,652 --> 00:12:57,296 the likelihood that negative things 292 00:12:57,320 --> 00:12:58,531 are going to happen to them. 293 00:12:58,555 --> 00:13:01,639 Why would I want these people on my jury? 294 00:13:01,663 --> 00:13:03,736 Because our narrative is that 295 00:13:03,760 --> 00:13:06,739 Michael is an innocent man, wrongly accused. 296 00:13:06,763 --> 00:13:09,308 I believe jurors with pessimism bias 297 00:13:09,332 --> 00:13:11,644 will put themselves in Michael's shoes. 298 00:13:11,668 --> 00:13:15,014 And the fear of something like this happening to them... 299 00:13:15,038 --> 00:13:18,617 it will likely dilute the importance of the evidence. 300 00:13:18,641 --> 00:13:20,820 - Good morning. - Good morning. 301 00:13:20,844 --> 00:13:22,321 Do you like to travel? 302 00:13:22,345 --> 00:13:23,789 I honestly couldn't say. 303 00:13:23,813 --> 00:13:25,291 I haven't done much of it. 304 00:13:25,315 --> 00:13:26,926 Any particular reason? 305 00:13:26,950 --> 00:13:29,729 I guess maybe I just feel safer at home. 306 00:13:29,753 --> 00:13:31,630 Safer how? 307 00:13:31,654 --> 00:13:34,233 Can't get in a plane crash if you don't get on a plane. 308 00:13:34,257 --> 00:13:36,869 Can't have terrorists take over your hotel if you don't go to the hotel 309 00:13:36,893 --> 00:13:38,259 in the first place. 310 00:13:42,638 --> 00:13:45,010 This juror is acceptable to the defense, Your Honor. 311 00:13:45,034 --> 00:13:47,513 Acceptable to the prosecution. 312 00:13:47,537 --> 00:13:49,315 Fantastic. 313 00:13:49,339 --> 00:13:51,917 We have ourselves a jury. 314 00:13:51,941 --> 00:13:53,319 We'll see all of you here 315 00:13:53,343 --> 00:13:56,021 bright and early tomorrow to start trial. 316 00:13:56,045 --> 00:13:59,058 So we've got four out of 12 jurors that are at least 317 00:13:59,082 --> 00:14:01,393 inclined to look past the evidence. 318 00:14:01,417 --> 00:14:02,561 I'll take it. 319 00:14:02,585 --> 00:14:04,330 All I need is one to get a mistrial. 320 00:14:05,161 --> 00:14:08,081 Talk about being happy in your work... 321 00:14:10,126 --> 00:14:12,827 Yeah. Wonder what that's about. 322 00:14:14,295 --> 00:14:16,075 Everything all right? 323 00:14:16,099 --> 00:14:17,298 Dr. Harper? 324 00:14:19,102 --> 00:14:22,181 What does the D.A.'s office know that we don't? 325 00:14:22,205 --> 00:14:23,749 What do you mean? 326 00:14:23,773 --> 00:14:25,451 What kind of question is that? 327 00:14:25,475 --> 00:14:26,752 Look, I get it. 328 00:14:26,776 --> 00:14:28,654 The D.A.'s office has DNA 329 00:14:28,678 --> 00:14:31,023 that would seem to prove you did this, 330 00:14:31,047 --> 00:14:32,925 and supposedly that's all they have, 331 00:14:32,949 --> 00:14:34,693 but common sense would suggest 332 00:14:34,717 --> 00:14:36,896 that in the absence of any other link 333 00:14:36,920 --> 00:14:38,430 to this crime, at least 334 00:14:38,454 --> 00:14:40,866 one juror is gonna take exception to the idea 335 00:14:40,890 --> 00:14:42,701 of putting you behind bars for the rest of your life. 336 00:14:42,725 --> 00:14:45,437 But the A.D.A. is not acting that way. 337 00:14:45,461 --> 00:14:47,973 In fact, he's acting like he has you dead to rights, 338 00:14:47,997 --> 00:14:50,309 and I would like to know why. 339 00:14:51,666 --> 00:14:53,479 Well, I can't help you with that. 340 00:14:53,835 --> 00:14:55,981 - You never met the victim? - Never. 341 00:14:56,005 --> 00:14:58,217 - Never purchased illegal drugs? - Never. 342 00:14:58,241 --> 00:14:59,985 Never consumed heroin? Never tried to buy heroin? 343 00:15:00,009 --> 00:15:02,087 You never contemplated trying to buy heroin? 344 00:15:02,111 --> 00:15:03,289 Of course not! 345 00:15:03,313 --> 00:15:05,391 Then why is the A.D.A. so damn sure 346 00:15:05,415 --> 00:15:07,860 he can draw a line between you and the victim? 347 00:15:07,884 --> 00:15:10,296 Or is it between you and heroin? 348 00:15:11,018 --> 00:15:13,766 Just trust me, whatever it is, they're gonna find it. 349 00:15:15,892 --> 00:15:18,037 And if I'm gonna keep you out of prison, 350 00:15:18,693 --> 00:15:20,561 I need to know about it. 351 00:15:23,614 --> 00:15:26,412 Can we go somewhere a little more private? 352 00:15:27,326 --> 00:15:30,249 Couple of years ago, I broke my ankle playing basketball. 353 00:15:30,872 --> 00:15:34,486 Emergency room doctor prescribed oxycodone. 354 00:15:35,668 --> 00:15:37,423 I took it. 355 00:15:37,447 --> 00:15:40,214 I kept taking it, even after my ankle healed. 356 00:15:42,585 --> 00:15:44,930 And I'd never done drugs before. 357 00:15:44,954 --> 00:15:48,973 I mean, never so much as smoked pot in college. 358 00:15:50,360 --> 00:15:52,338 It was so serene being high. 359 00:15:53,060 --> 00:15:54,773 So tranquil. 360 00:15:54,797 --> 00:15:55,855 Mm. 361 00:15:56,566 --> 00:15:58,608 I never experienced that before. 362 00:15:59,002 --> 00:16:01,146 You ever write your own prescription? 363 00:16:01,170 --> 00:16:02,648 A doctor writing his own prescription 364 00:16:02,672 --> 00:16:04,316 for a controlled substance... 365 00:16:04,340 --> 00:16:07,052 the AMA would not look kindly on that. 366 00:16:07,076 --> 00:16:08,621 No. Never. 367 00:16:08,645 --> 00:16:10,890 The prescriptions were all legitimate. 368 00:16:11,537 --> 00:16:13,281 All from other doctors. 369 00:16:14,918 --> 00:16:16,918 Of course, my wife figured it out. 370 00:16:18,961 --> 00:16:21,567 Mm, she knew something was going on. 371 00:16:22,173 --> 00:16:24,081 She threw away the pills 372 00:16:24,105 --> 00:16:26,472 and threatened to leave with the kids if I didn't quit. 373 00:16:27,803 --> 00:16:29,708 Did you go to rehab? 374 00:16:29,732 --> 00:16:31,443 No, I did it myself. 375 00:16:31,467 --> 00:16:34,580 It was rough, but... I was lucky. 376 00:16:35,144 --> 00:16:37,549 I was able to do it on my own. 377 00:16:37,573 --> 00:16:40,819 My wife's the only one who knows. 378 00:16:40,843 --> 00:16:42,688 I wouldn't count on that. 379 00:16:42,712 --> 00:16:44,556 I'm sure the A.D.A. has already gone 380 00:16:44,580 --> 00:16:47,092 through your prescription records, and once 381 00:16:47,116 --> 00:16:49,261 he sees multiples on the oxy, he is gonna make the case 382 00:16:49,285 --> 00:16:52,564 that you got tired of having to beg your doctors to supply you 383 00:16:52,588 --> 00:16:55,935 with drugs and switched to heroin, which is what happens 384 00:16:55,959 --> 00:16:59,405 more often than not when people get hooked on oxy. 385 00:17:00,294 --> 00:17:02,708 But... that would be a lie. 386 00:17:03,589 --> 00:17:06,801 Look, I swear to you, I have never done heroin, 387 00:17:07,969 --> 00:17:11,272 and I've never heard of this man. 388 00:17:13,002 --> 00:17:16,615 I did not, I could not kill that man. 389 00:17:18,815 --> 00:17:20,826 Okay. 390 00:17:21,857 --> 00:17:24,730 Then we're not putting the wife on the stand. 391 00:17:24,754 --> 00:17:26,693 Jody? She's his alibi. 392 00:17:26,717 --> 00:17:29,301 Well, no. She is also the only one who knows that he had 393 00:17:29,325 --> 00:17:31,537 an addiction to opioid painkillers, 394 00:17:31,561 --> 00:17:34,100 the most common gateway drug to heroin, 395 00:17:34,124 --> 00:17:36,875 which is what the murder victim was selling. 396 00:17:36,899 --> 00:17:38,978 But what if the A.D.A. calls her? 397 00:17:39,002 --> 00:17:42,381 Well, then we'll just have to claim spousal privilege. 398 00:17:43,087 --> 00:17:45,117 I mean, she's married to the accused. 399 00:17:45,141 --> 00:17:47,152 They can't compel her to take the stand. 400 00:17:48,009 --> 00:17:51,545 I don't like it, but what choice do we have? 401 00:17:52,648 --> 00:17:55,294 Morning. Get your scorecards. 402 00:17:55,318 --> 00:17:58,152 You can't tell the players without a scorecard. 403 00:18:01,457 --> 00:18:02,735 What's going on? 404 00:18:02,759 --> 00:18:04,803 He's springing a new witness on us. 405 00:18:04,827 --> 00:18:07,973 I don't know who he is or how he ties in to all this. 406 00:18:07,997 --> 00:18:10,164 Do you know a Dr. David Parsons? 407 00:18:12,825 --> 00:18:14,413 He's my neighbor. 408 00:18:14,437 --> 00:18:16,181 Just your neighbor? 409 00:18:16,787 --> 00:18:18,817 Well, he's a doctor. 410 00:18:19,498 --> 00:18:21,842 Your oxy connection, right? 411 00:18:27,313 --> 00:18:29,988 Dr. Parsons, how do you know Dr. Michael Harper? 412 00:18:30,012 --> 00:18:33,003 We've been neighbors and friends for the past seven years. 413 00:18:33,028 --> 00:18:37,208 Around the same age, both in the same profession. 414 00:18:37,232 --> 00:18:40,312 And have you ever treated Dr. Harper as a patient? 415 00:18:40,336 --> 00:18:42,947 Depends on how you define "patient." 416 00:18:43,314 --> 00:18:44,916 He is a friend. 417 00:18:44,940 --> 00:18:47,986 And I did help him with some follow-up 418 00:18:48,010 --> 00:18:50,455 after he broke his ankle a few years ago. 419 00:18:50,479 --> 00:18:52,612 What kind of follow-up? 420 00:18:54,283 --> 00:18:56,027 Pain management. 421 00:18:57,286 --> 00:19:00,198 This was a few months after he broke it. 422 00:19:00,581 --> 00:19:03,211 He told me the ankle was still acting up. 423 00:19:03,235 --> 00:19:06,438 And so you wrote him a prescription for oxycodone? 424 00:19:06,921 --> 00:19:08,139 An opiate? 425 00:19:08,163 --> 00:19:09,441 I did. 426 00:19:09,465 --> 00:19:11,343 Did you believe he was in pain? 427 00:19:11,367 --> 00:19:13,178 Most definitely. 428 00:19:13,677 --> 00:19:15,680 Most definitely? 429 00:19:15,704 --> 00:19:18,083 The truth is, you had no way 430 00:19:18,107 --> 00:19:20,140 of really knowing, did you, Dr. Parsons? 431 00:19:24,772 --> 00:19:26,357 Did you? 432 00:19:27,116 --> 00:19:29,282 The witness will please answer the question. 433 00:19:31,207 --> 00:19:33,430 I depended largely 434 00:19:33,455 --> 00:19:37,369 on Dr. Harper's anecdotal impressions, 435 00:19:37,393 --> 00:19:39,904 but that's true with many patients. 436 00:19:39,928 --> 00:19:43,274 But again, it had been three months since the accident. 437 00:19:43,298 --> 00:19:44,867 Yeah, that's true, but it is not unusual for... 438 00:19:44,891 --> 00:19:46,911 In fact, you didn't write him one prescription. 439 00:19:46,935 --> 00:19:49,574 - You wrote him three, didn't you? - Over a period of about six weeks. 440 00:19:49,598 --> 00:19:51,799 And was that it, or did he ask for another? 441 00:19:57,413 --> 00:20:00,514 I'd like to remind you you are under oath, Dr. Parsons. 442 00:20:03,894 --> 00:20:05,430 Yes, he did. 443 00:20:06,355 --> 00:20:08,722 But you said "no"? 444 00:20:11,393 --> 00:20:13,371 I became concerned. 445 00:20:13,737 --> 00:20:15,440 - I spoke to his wife. - Is it safe to assume 446 00:20:15,464 --> 00:20:17,142 that you no longer thought 447 00:20:17,166 --> 00:20:18,977 he was most definitely in pain? 448 00:20:19,001 --> 00:20:20,512 You could assume that. 449 00:20:20,536 --> 00:20:21,946 And isn't it true that when 450 00:20:21,970 --> 00:20:24,582 an addict can no longer get a prescription for oxycodone, 451 00:20:24,606 --> 00:20:26,885 it's common for them to turn to street drugs? 452 00:20:26,909 --> 00:20:30,121 Most often heroin, which is exactly what Joseph Lowell sold? 453 00:20:30,145 --> 00:20:31,202 Objection! 454 00:20:31,226 --> 00:20:32,222 Speculation. 455 00:20:32,246 --> 00:20:36,060 Dr. Parsons is not an addiction expert, nor is he a mind reader. 456 00:20:36,084 --> 00:20:38,696 Your Honor, David Parsons is a doctor, 457 00:20:38,720 --> 00:20:40,565 and his training makes him intimately familiar 458 00:20:40,589 --> 00:20:42,734 with the world of opioid painkillers. 459 00:20:42,758 --> 00:20:43,968 I'll allow it. 460 00:20:43,992 --> 00:20:45,570 Dr. Parsons, 461 00:20:45,594 --> 00:20:48,873 doesn't oxycodone addiction commonly lead 462 00:20:48,897 --> 00:20:50,430 to heroin addiction? 463 00:20:58,006 --> 00:20:59,408 Yes. 464 00:21:00,676 --> 00:21:03,243 That's the conventional wisdom. 465 00:21:06,957 --> 00:21:08,949 No further questions, Your Honor. 466 00:21:15,043 --> 00:21:18,761 Oh, um, would you have anything a little stronger? 467 00:21:19,194 --> 00:21:23,475 I might have a little something under lock and key. 468 00:21:23,499 --> 00:21:25,232 I'll be right back. 469 00:21:27,353 --> 00:21:28,880 You know, 470 00:21:28,904 --> 00:21:31,950 just because a person abused a prescription drug, 471 00:21:31,974 --> 00:21:34,118 that doesn't make them a killer. 472 00:21:34,142 --> 00:21:37,689 No. The DNA makes him a killer. 473 00:21:37,713 --> 00:21:39,891 The oxy habit is just the assistant 474 00:21:39,915 --> 00:21:41,759 district attorney's way of dotting all the "I"s 475 00:21:41,783 --> 00:21:43,061 and crossing all the "T" s, 476 00:21:43,085 --> 00:21:46,753 lest any juror try to cultivate some reasonable doubt. 477 00:21:48,156 --> 00:21:49,567 Anyone else? 478 00:21:49,591 --> 00:21:50,902 Dr. Bull? 479 00:21:50,926 --> 00:21:53,128 Never on a day that ends in "Y." 480 00:21:56,298 --> 00:21:58,364 I'm sorry I got you all into this. 481 00:21:59,860 --> 00:22:00,912 Who am I kidding? 482 00:22:00,936 --> 00:22:02,814 I'm sorry I got myself into this. 483 00:22:02,838 --> 00:22:04,140 Dr. Bull, 484 00:22:04,164 --> 00:22:06,317 you know, ever since you told us that story 485 00:22:06,341 --> 00:22:08,853 about the, uh, the old lady with the cotton swabs, 486 00:22:08,877 --> 00:22:12,757 I've been researching false positives as they relate to DNA. 487 00:22:12,781 --> 00:22:14,559 And while there aren't a lot of them, 488 00:22:14,583 --> 00:22:17,662 there was a case in California, uh, just a few years ago. 489 00:22:17,686 --> 00:22:19,312 Let's see. 490 00:22:19,336 --> 00:22:22,119 Guy was arrested for murder based solely on DNA evidence, 491 00:22:22,143 --> 00:22:23,225 just like Dr. Harper, 492 00:22:23,249 --> 00:22:25,433 and he swore up and down he was innocent. 493 00:22:25,434 --> 00:22:27,212 And it turns out, he was. 494 00:22:27,788 --> 00:22:29,781 They figured out his DNA ended up on the victim 495 00:22:29,805 --> 00:22:32,196 because of something called "DNA migration." 496 00:22:32,220 --> 00:22:33,719 Never heard of it. You? 497 00:22:33,743 --> 00:22:35,187 No. 498 00:22:35,211 --> 00:22:37,456 It's the secondary transfer of DNA. 499 00:22:37,480 --> 00:22:39,958 And it happens because the average person sheds 500 00:22:39,982 --> 00:22:42,961 somewhere between 40 and 50 million skin cells a day. 501 00:22:43,554 --> 00:22:46,064 Turns out we leave them behind everywhere we go 502 00:22:46,088 --> 00:22:47,966 on everything we touch. 503 00:22:47,990 --> 00:22:50,302 Door handles, elevator buttons, 504 00:22:50,326 --> 00:22:52,855 the creamer jug at the coffee shop. 505 00:22:53,605 --> 00:22:55,173 Also, they don't stay put. 506 00:22:55,197 --> 00:22:57,743 Those cells, that DNA... just end up on the next person 507 00:22:57,767 --> 00:22:59,478 who touches the creamer jug. 508 00:22:59,820 --> 00:23:01,446 Sounds like you may have found a way 509 00:23:01,470 --> 00:23:03,482 to un-dot some "I"s and uncross some "T"s. 510 00:23:03,506 --> 00:23:05,350 So you're saying 511 00:23:05,374 --> 00:23:07,886 a creamer jug or something like it might explain 512 00:23:07,910 --> 00:23:09,454 how Dr. Harper's DNA ended up 513 00:23:09,478 --> 00:23:11,256 under the dead man's fingernails? 514 00:23:11,280 --> 00:23:12,357 Exactly. 515 00:23:12,381 --> 00:23:14,459 Marissa, line up a DNA expert, 516 00:23:14,483 --> 00:23:17,329 someone who can spoon-feed this concept to the jury. 517 00:23:17,796 --> 00:23:19,364 You think that'll be enough? 518 00:23:19,388 --> 00:23:23,502 No. We'll need something concrete, some kind of proof 519 00:23:23,526 --> 00:23:27,005 that our client and the murder victim were both in 520 00:23:27,029 --> 00:23:28,874 the same place on the day of the murder. 521 00:23:28,898 --> 00:23:30,275 Taylor, is there any way you could try 522 00:23:30,299 --> 00:23:33,045 and retrace the steps of both men that day, 523 00:23:33,069 --> 00:23:36,548 see if there's a point of intersection, 524 00:23:36,572 --> 00:23:38,717 hopefully a mutual point of contact? 525 00:23:39,276 --> 00:23:42,287 With a little luck... and some loud music. 526 00:23:42,613 --> 00:23:45,524 Is that something you might be available to do tonight? 527 00:23:45,548 --> 00:23:47,693 I think we can make that happen. 528 00:23:54,357 --> 00:23:56,735 We know Dr. Harper lives here, 529 00:23:56,759 --> 00:23:58,937 and he works here. 530 00:23:58,961 --> 00:24:00,539 He takes the Metro-North Train 531 00:24:00,563 --> 00:24:02,040 from White Plains to Grand Central. 532 00:24:02,064 --> 00:24:03,508 Makes sense. 533 00:24:03,532 --> 00:24:05,744 And based on the info from the victim's phone, 534 00:24:05,768 --> 00:24:08,680 we know that after he dropped his son off at school, 535 00:24:08,704 --> 00:24:10,615 the day of his death, he came into Manhattan 536 00:24:10,639 --> 00:24:14,052 to "make some deliveries" and "solicit new business." 537 00:24:14,076 --> 00:24:17,389 Based on where he lived, I realized it was almost certain 538 00:24:17,413 --> 00:24:20,392 he took the subway from 180th Street 539 00:24:20,416 --> 00:24:21,927 - to...? - Grand Central Station. 540 00:24:21,951 --> 00:24:23,328 Exactly. 541 00:24:23,352 --> 00:24:26,298 All right. So, that's our potential point of intersection, 542 00:24:26,322 --> 00:24:28,400 our haystack. 543 00:24:28,424 --> 00:24:30,769 The good doctor and the drug dealer are our needles. 544 00:24:34,915 --> 00:24:37,609 How did you get this in the middle of the night? 545 00:24:37,633 --> 00:24:39,911 I just called the MTA. 546 00:24:39,935 --> 00:24:41,847 And they just gave it to you? 547 00:24:41,871 --> 00:24:44,182 Yup. Of course... 548 00:24:44,206 --> 00:24:47,552 I might have cheated, might have forgotten to mention 549 00:24:47,576 --> 00:24:50,514 I no longer work with Homeland. 550 00:24:51,580 --> 00:24:53,625 You're scary. 551 00:24:53,649 --> 00:24:56,061 But still, it's Grand Central Station. 552 00:24:56,085 --> 00:24:58,163 There's got to be, what, hundreds of thousands of people 553 00:24:58,187 --> 00:24:59,564 going through there every day? 554 00:24:59,588 --> 00:25:01,333 How are you gonna find Dr. Harper? 555 00:25:01,357 --> 00:25:03,026 I already did. 556 00:25:03,826 --> 00:25:05,971 There are only so many trains from White Plains 557 00:25:05,995 --> 00:25:07,406 that line up with his office hours. 558 00:25:07,430 --> 00:25:09,074 I worked backward from there. 559 00:25:09,098 --> 00:25:10,976 Already strung together all the footage he's in, 560 00:25:11,000 --> 00:25:12,944 from the moment he walks in the doors at the station 561 00:25:12,968 --> 00:25:14,746 until he gets on the train. 562 00:25:14,770 --> 00:25:17,315 I was just about to review it when you showed up. 563 00:25:17,339 --> 00:25:20,073 I want you in my lifeboat, baby. 564 00:25:21,310 --> 00:25:23,488 Well, he's pretty relaxed 565 00:25:23,512 --> 00:25:26,525 for a man planning to kill a guy later that night. 566 00:25:26,549 --> 00:25:28,160 Oh, my God, that's it. 567 00:25:28,184 --> 00:25:29,828 The guy even 568 00:25:29,852 --> 00:25:32,764 grabs Dr. Harper's arm with his hand, 569 00:25:32,788 --> 00:25:34,655 with his fingernails. 570 00:25:36,258 --> 00:25:37,636 All right, now tell me 571 00:25:37,660 --> 00:25:39,404 you have an angle where we can see his face. 572 00:25:39,428 --> 00:25:41,361 That's all I've got. 573 00:25:43,365 --> 00:25:46,077 This can't be it. 574 00:25:47,254 --> 00:25:48,580 That woman, there? 575 00:25:48,604 --> 00:25:51,171 She's got her phone up like she's taking a selfie? 576 00:25:53,008 --> 00:25:56,335 What are the chances she has both our guys in that photo? 577 00:25:56,359 --> 00:25:58,623 Mm, it's a long shot. 578 00:25:58,647 --> 00:26:00,358 You know what's also a long shot? 579 00:26:00,382 --> 00:26:04,329 That I can figure out or find out who that woman is, 580 00:26:04,353 --> 00:26:06,331 what her cell phone IP address is, 581 00:26:06,355 --> 00:26:09,551 crack it and find the picture. 582 00:26:11,527 --> 00:26:14,661 But is it... impossible? 583 00:26:19,102 --> 00:26:21,346 Dr. Bull, Mr. Colón? 584 00:26:21,370 --> 00:26:23,515 I was just about to leave my office when I was delivered 585 00:26:23,539 --> 00:26:26,276 an updated witness list from the A.D.A. 586 00:26:26,942 --> 00:26:28,620 They're putting Sam Lowell on the stand. 587 00:26:28,644 --> 00:26:32,040 The victim's son. He's a child. 588 00:26:32,064 --> 00:26:33,492 Good morning. 589 00:26:33,516 --> 00:26:36,194 Sam, thank you for testifying today. 590 00:26:36,218 --> 00:26:37,963 You're welcome. 591 00:26:38,705 --> 00:26:40,232 You understand this is 592 00:26:40,256 --> 00:26:43,535 a court of law, that when people sit in that chair 593 00:26:43,559 --> 00:26:45,837 you're sitting in they're expected to tell the truth? 594 00:26:45,861 --> 00:26:47,239 I know that. 595 00:26:47,263 --> 00:26:48,740 Good. 596 00:26:49,299 --> 00:26:51,260 So with that in mind, 597 00:26:52,511 --> 00:26:55,247 can you tell me about the night your father was murdered? 598 00:26:56,682 --> 00:26:58,350 Yes, sir. 599 00:26:58,934 --> 00:27:01,653 So after you heard your father let in a stranger, 600 00:27:01,677 --> 00:27:03,814 you opened your bedroom door and looked out. 601 00:27:04,393 --> 00:27:06,437 Can you tell us what you saw? 602 00:27:07,401 --> 00:27:09,461 I saw my... 603 00:27:09,485 --> 00:27:11,280 I saw my dad... 604 00:27:12,922 --> 00:27:14,533 lying on the ground. 605 00:27:16,118 --> 00:27:17,995 There was a lot of blood. 606 00:27:18,727 --> 00:27:21,239 And did you see anything else? 607 00:27:21,263 --> 00:27:23,909 Did you see anybody else? 608 00:27:25,419 --> 00:27:27,546 I saw... a man. 609 00:27:28,213 --> 00:27:29,670 And that man... 610 00:27:31,073 --> 00:27:33,674 Do you see that man in this courtroom today? 611 00:27:35,444 --> 00:27:37,122 He's right over there. 612 00:27:43,525 --> 00:27:46,937 The simple truth is they have... your DNA. 613 00:27:46,961 --> 00:27:48,739 They have an eyewitness, 614 00:27:48,763 --> 00:27:50,675 and they have created a plausible 615 00:27:50,699 --> 00:27:54,157 relationship between you and the victim 616 00:27:54,181 --> 00:27:57,580 based on your dependence on oxycodone. 617 00:27:58,368 --> 00:28:00,730 I thought that you had some theory 618 00:28:01,138 --> 00:28:04,751 about my DNA and the victim's DNA... 619 00:28:04,775 --> 00:28:06,858 maybe I bumped into him somewhere. 620 00:28:06,882 --> 00:28:08,670 Grand Central Station. 621 00:28:09,213 --> 00:28:10,779 "He" turned out to be a she. 622 00:28:13,884 --> 00:28:15,917 The girl who tripped on the stairs? 623 00:28:17,554 --> 00:28:19,999 If only you had asked me. 624 00:28:20,807 --> 00:28:22,902 I'm sorry to have gotten your hopes up. 625 00:28:23,352 --> 00:28:25,572 I really do believe 626 00:28:25,596 --> 00:28:28,230 this is the best course of action. 627 00:28:36,240 --> 00:28:39,719 Gosh. If I had known I was gonna be so outnumbered, 628 00:28:39,743 --> 00:28:41,777 I'd have brought more people. 629 00:28:48,444 --> 00:28:51,597 My client has never wavered in his proclamation of innocence. 630 00:28:51,622 --> 00:28:53,899 And I would not want these conversations to suggest 631 00:28:53,900 --> 00:28:55,978 - otherwise. - But? 632 00:28:56,002 --> 00:29:00,349 But... what kind of terms might we be able to come to 633 00:29:00,373 --> 00:29:04,153 if... Dr. Harper agreed to plead guilty? 634 00:29:04,726 --> 00:29:06,789 Well... 635 00:29:06,813 --> 00:29:09,347 he's staring at 25 to life right now. 636 00:29:11,017 --> 00:29:12,662 I'd go to 20. 637 00:29:12,686 --> 00:29:14,664 Well, that's not much of a deal. 638 00:29:15,112 --> 00:29:17,200 The man is in his 40s. 639 00:29:17,224 --> 00:29:18,573 You're right. 640 00:29:19,192 --> 00:29:21,337 Forget it. Let's just let the jury decide. 641 00:29:21,361 --> 00:29:22,702 15 years to life. 642 00:29:23,363 --> 00:29:25,872 No parole prior to 15 years served. 643 00:29:27,040 --> 00:29:29,745 Let's keep in mind, he's charged with killing a drug dealer. 644 00:29:29,769 --> 00:29:33,282 That doesn't make the murder any less of a crime, 645 00:29:34,047 --> 00:29:35,518 but you never know what might happen 646 00:29:35,542 --> 00:29:37,186 during jury deliberations. 647 00:29:37,210 --> 00:29:38,885 Someone might seize on it, and... 648 00:29:41,721 --> 00:29:43,092 15 to life. 649 00:29:43,116 --> 00:29:44,660 You should be a lawyer. 650 00:29:44,684 --> 00:29:47,196 I need 24 hours to sell it to my client. 651 00:29:47,727 --> 00:29:50,521 I'll call the judge and request a recess for tomorrow. 652 00:29:52,759 --> 00:29:55,104 I can't make sense of any of it. 653 00:29:55,986 --> 00:29:57,807 I mean, you are asking me 654 00:29:57,831 --> 00:30:00,710 to willingly agree to... to give up a minimum 655 00:30:00,734 --> 00:30:03,334 of a decade and a half of my life. 656 00:30:06,706 --> 00:30:10,174 And my girls will be all grown up by the time I get out. 657 00:30:11,919 --> 00:30:13,253 My wife... 658 00:30:15,174 --> 00:30:17,285 if she's still willing to be my wife... 659 00:30:17,310 --> 00:30:19,943 - Stop that. - Sorry. 660 00:30:22,795 --> 00:30:24,839 It's just this... 661 00:30:25,358 --> 00:30:28,126 This defies all logic for me. 662 00:30:30,312 --> 00:30:31,716 I mean, it's... 663 00:30:31,740 --> 00:30:33,676 It's like I'm discovering 664 00:30:33,700 --> 00:30:35,711 that night no longer follows day, 665 00:30:35,735 --> 00:30:39,671 that the ground is not beneath us, the sky is not above us. 666 00:30:42,309 --> 00:30:45,660 I never met that man they said I killed. 667 00:30:47,080 --> 00:30:49,025 And that little boy... 668 00:30:49,049 --> 00:30:51,327 he's wrong... 669 00:30:51,677 --> 00:30:53,835 or confused about what he saw. 670 00:30:55,921 --> 00:30:57,400 And as far as 671 00:30:57,424 --> 00:30:59,341 the DNA evidence is concerned, 672 00:31:01,561 --> 00:31:02,969 I'm a doctor. 673 00:31:03,763 --> 00:31:06,932 I'm a man of science. I know that what they are asserting... 674 00:31:07,734 --> 00:31:09,309 is absolute. 675 00:31:10,070 --> 00:31:12,070 It's unimpeachable. 676 00:31:13,118 --> 00:31:16,900 The only problem is I'm me, 677 00:31:18,318 --> 00:31:20,445 24 hours a day. 678 00:31:22,182 --> 00:31:25,127 I was not there, I did not do it, 679 00:31:25,151 --> 00:31:27,330 and I know that with just as much certainty 680 00:31:27,354 --> 00:31:31,089 as the science is screaming that I must have. 681 00:31:34,417 --> 00:31:36,405 If only I didn't send that sample. 682 00:31:36,429 --> 00:31:38,696 - No. Mm-mm. - I'm sorry. 683 00:31:42,315 --> 00:31:44,782 It was such a thoughtful thing. 684 00:31:48,974 --> 00:31:50,892 My parents, 685 00:31:52,060 --> 00:31:55,021 they never liked to talk about the past. 686 00:31:55,949 --> 00:31:58,044 Whenever I'd ask them where we came from, 687 00:31:58,068 --> 00:32:00,596 they'd just throw their hands up in the air 688 00:32:00,620 --> 00:32:02,720 and say we were Americans. 689 00:32:04,657 --> 00:32:06,658 To finally read about... 690 00:32:07,394 --> 00:32:09,721 my family's history, 691 00:32:09,745 --> 00:32:12,441 the bad parts, the slave ships... 692 00:32:12,914 --> 00:32:14,832 ...the good parts. 693 00:32:16,209 --> 00:32:18,143 That my ancestors fought 694 00:32:18,167 --> 00:32:21,751 side by side with the colonists to... 695 00:32:22,257 --> 00:32:26,055 secure this freedom for this country from Britain. 696 00:32:30,183 --> 00:32:32,917 I'm the last of the line. 697 00:32:34,988 --> 00:32:37,105 And my legacy is... 698 00:32:38,523 --> 00:32:40,442 I killed a man. 699 00:32:43,696 --> 00:32:47,476 Not that I've helped hundreds of kids get through... 700 00:32:47,500 --> 00:32:50,613 infancy and adolescence 701 00:32:50,637 --> 00:32:52,912 in good health. 702 00:32:55,708 --> 00:32:59,288 Not that I married this amazing woman. 703 00:33:00,814 --> 00:33:04,549 And helped bring two phenomenal girls into this world. 704 00:33:07,654 --> 00:33:09,298 Just... 705 00:33:11,806 --> 00:33:13,892 ...I killed a man. 706 00:33:15,929 --> 00:33:18,104 A man I never met. 707 00:33:26,446 --> 00:33:28,490 I promised the A.D.A. that... 708 00:33:29,309 --> 00:33:32,543 we'd let him know within 24 hours. 709 00:33:58,933 --> 00:34:00,511 7:22 in the morning. 710 00:34:00,535 --> 00:34:02,012 Definitely makes me an early bird. 711 00:34:02,036 --> 00:34:03,947 Question is, does that make you two worms? 712 00:34:05,026 --> 00:34:06,483 I couldn't sleep. 713 00:34:06,507 --> 00:34:07,751 I called Taylor. 714 00:34:07,775 --> 00:34:09,219 Luckily, I was alone. 715 00:34:09,243 --> 00:34:12,389 And she agreed to come in here and help me with something. 716 00:34:12,413 --> 00:34:14,725 Get back to the part where you said you couldn't sleep. 717 00:34:14,749 --> 00:34:18,729 I just couldn't stop thinking about poor Dr. Harper. 718 00:34:18,753 --> 00:34:21,098 You were not alone in that. 719 00:34:21,122 --> 00:34:23,701 Something in the way he said his parents never wanted to talk 720 00:34:23,725 --> 00:34:26,503 about the past, how it seemed like he's spent... 721 00:34:26,527 --> 00:34:28,706 his whole life feeling... 722 00:34:28,730 --> 00:34:30,574 disconnected. 723 00:34:30,598 --> 00:34:33,077 I'm not unfamiliar with that feeling. 724 00:34:33,888 --> 00:34:35,579 You're talking about... 725 00:34:35,603 --> 00:34:36,975 being adopted. 726 00:34:37,672 --> 00:34:40,651 Dr. Harper wasn't adopted. 727 00:34:40,675 --> 00:34:43,242 I don't understand how any of this applies. 728 00:34:44,732 --> 00:34:46,912 Found this 45 minutes ago. 729 00:34:49,445 --> 00:34:51,128 What am I looking at? 730 00:34:51,152 --> 00:34:52,463 His mother's medical records. 731 00:34:52,487 --> 00:34:54,364 The woman he believes is his mother. 732 00:34:54,388 --> 00:34:56,834 Elinor Harper had a hysterectomy at 23. 733 00:34:56,858 --> 00:34:58,168 Uterine fibroids. 734 00:34:58,192 --> 00:35:01,238 Dr. Harper came into her life when she was 28. 735 00:35:01,262 --> 00:35:02,773 She can't be his biological mother. 736 00:35:02,797 --> 00:35:04,043 It's not possible. 737 00:35:07,168 --> 00:35:09,747 So, why am I looking at this birth certificate? 738 00:35:09,771 --> 00:35:11,081 I mean, who is this? 739 00:35:11,105 --> 00:35:13,272 Who is... Jackson McKay? 740 00:35:14,375 --> 00:35:16,520 You are, Dr. Harper. 741 00:35:17,348 --> 00:35:19,189 Jackson McKay was your name 742 00:35:19,213 --> 00:35:21,158 for the first 14 months of your life, 743 00:35:21,182 --> 00:35:23,360 right up until your parents, the Harpers, 744 00:35:23,384 --> 00:35:24,895 adopted you. 745 00:35:24,919 --> 00:35:26,730 Adopted? 746 00:35:26,754 --> 00:35:28,732 I'm not adopted. 747 00:35:28,756 --> 00:35:30,000 I know it's got to come as a shock, 748 00:35:30,024 --> 00:35:32,402 but I have a folder full of records here 749 00:35:32,426 --> 00:35:34,738 that proves you are. 750 00:35:34,762 --> 00:35:37,174 I'm sorry, why are you telling us this now? 751 00:35:37,198 --> 00:35:38,453 This is why. 752 00:35:39,667 --> 00:35:41,912 What's this now? 753 00:35:42,165 --> 00:35:44,042 Your brother's birth certificate. 754 00:35:45,168 --> 00:35:46,711 Your twin brother. 755 00:35:48,509 --> 00:35:50,256 Oh, my God. 756 00:35:51,245 --> 00:35:53,290 The only other person on the planet 757 00:35:53,314 --> 00:35:57,127 who has exactly the same DNA that you do. 758 00:35:57,151 --> 00:35:59,140 100% match. 759 00:36:00,354 --> 00:36:02,888 Can you identify the man in this photo? 760 00:36:03,958 --> 00:36:05,736 That's Brandon McKay. 761 00:36:08,062 --> 00:36:09,840 And how do you know Mr. McKay? 762 00:36:09,864 --> 00:36:11,775 He's what we would call a client 763 00:36:11,799 --> 00:36:15,445 at the city shelter on 156th Street where I work. 764 00:36:15,469 --> 00:36:16,847 Like a lot of our clients, 765 00:36:16,871 --> 00:36:19,564 he would come in when it got too cold to be on the street. 766 00:36:19,588 --> 00:36:22,619 Objection your honor, what exactly is the point of this witness? 767 00:36:22,643 --> 00:36:24,421 I have no idea, Counselor. 768 00:36:24,445 --> 00:36:27,024 But I assure you, I'm fascinated. 769 00:36:27,048 --> 00:36:28,792 Objection overruled. 770 00:36:29,337 --> 00:36:32,596 You are a social worker and addiction counselor. 771 00:36:32,620 --> 00:36:35,199 Can you talk about some of the underlying conditions 772 00:36:35,223 --> 00:36:36,533 that you believe contributed 773 00:36:36,557 --> 00:36:38,869 to Mr. McKay's chronic homelessness? 774 00:36:38,893 --> 00:36:40,404 Like a lot of our clients, 775 00:36:40,428 --> 00:36:42,940 Mr. McKay struggled with an addiction to heroin. 776 00:36:42,964 --> 00:36:44,741 And he had a violent streak. 777 00:36:44,765 --> 00:36:46,543 I remember he got into a fistfight with one 778 00:36:46,567 --> 00:36:48,612 of the other residents two Christmases ago. 779 00:36:48,636 --> 00:36:51,315 Do you happen to have his shelter records with you? 780 00:36:51,339 --> 00:36:54,184 I do. And do your records happen to indicate 781 00:36:54,208 --> 00:36:55,741 Mr. McKay's birth date? 782 00:36:56,650 --> 00:36:59,796 March 2, 1975. 783 00:37:00,014 --> 00:37:03,927 The exact same birth date as Dr. Harper. 784 00:37:06,420 --> 00:37:07,898 Give me a sense. 785 00:37:07,922 --> 00:37:09,900 It's starting to look less like a stoplight 786 00:37:09,924 --> 00:37:11,857 and more like a Christmas tree in here. 787 00:37:14,262 --> 00:37:18,108 So, what did Brandon McKay have that my client didn't? 788 00:37:18,132 --> 00:37:20,444 For one, motive. 789 00:37:20,468 --> 00:37:23,180 He was in dire need of heroin and money. 790 00:37:23,204 --> 00:37:25,849 By robbing the victim's supply, he could get both. 791 00:37:25,873 --> 00:37:28,682 Second, opportunity. 792 00:37:28,706 --> 00:37:30,888 He was a known associate of the victim, 793 00:37:30,912 --> 00:37:34,825 someone Joseph would've let into his home no questions asked. 794 00:37:34,849 --> 00:37:38,228 And was Dr. Harper identified by the victim's son? 795 00:37:38,252 --> 00:37:39,496 Of course. 796 00:37:39,520 --> 00:37:42,633 Because he looks exactly like the murderer. 797 00:37:42,657 --> 00:37:44,701 He's his twin brother. 798 00:37:44,725 --> 00:37:47,040 But the most important thing 799 00:37:47,528 --> 00:37:50,460 is the one thing these two men shared. 800 00:37:51,065 --> 00:37:52,670 Their DNA. 801 00:37:53,134 --> 00:37:57,514 Identical twins' DNA is identical. 802 00:37:57,538 --> 00:38:00,450 A 100% match. 803 00:38:00,474 --> 00:38:03,053 Which means there is no way to tell 804 00:38:03,077 --> 00:38:05,641 which one of the brothers committed this crime, 805 00:38:06,414 --> 00:38:08,436 even if, in your hearts, 806 00:38:09,771 --> 00:38:11,731 I think you already know. 807 00:38:16,056 --> 00:38:18,702 Very well then. That concludes the closing arguments. 808 00:38:18,726 --> 00:38:21,538 And in anticipation of the jury beginning 809 00:38:21,562 --> 00:38:23,807 - their deliberations... - Your Honor, 810 00:38:23,831 --> 00:38:26,410 I apologize for the, uh, interruption. 811 00:38:26,434 --> 00:38:29,079 But before we ask the jury to deliberate 812 00:38:29,103 --> 00:38:31,648 upon the evidence and the testimony, 813 00:38:31,672 --> 00:38:33,850 I was hoping to request a short recess 814 00:38:33,874 --> 00:38:36,520 so that I might confer with opposing counsel 815 00:38:36,544 --> 00:38:40,631 and save the court and the jury some time and... 816 00:38:41,225 --> 00:38:42,637 trouble. 817 00:38:44,293 --> 00:38:46,293 Let's take 20 minutes recess 818 00:38:46,326 --> 00:38:48,326 in my chambers. 819 00:38:50,358 --> 00:38:51,667 What do you that means? 820 00:38:51,692 --> 00:38:53,292 Only good things. 821 00:38:56,030 --> 00:38:58,508 Do you want some company? 822 00:38:58,972 --> 00:39:00,572 Sure. 823 00:39:02,782 --> 00:39:04,214 So, 824 00:39:04,238 --> 00:39:07,217 when he says they're dropping all the charges... 825 00:39:07,241 --> 00:39:08,719 It means you're free. 826 00:39:08,743 --> 00:39:11,188 It means it's over. They realize they made a mistake. 827 00:39:11,212 --> 00:39:12,356 A mistake you might 828 00:39:12,380 --> 00:39:13,762 - actually want to sue them for. - Mm. 829 00:39:13,786 --> 00:39:16,927 But that's a conversation we can have another time. 830 00:39:17,547 --> 00:39:20,263 So, now what happens to my brother? 831 00:39:20,287 --> 00:39:22,132 Will there be another trial? 832 00:39:22,156 --> 00:39:23,800 Well, if there were, 833 00:39:23,824 --> 00:39:26,203 the same way his DNA gave us reasonable doubt, 834 00:39:26,227 --> 00:39:27,938 yours would do the same for him. 835 00:39:28,474 --> 00:39:30,741 There's no way, definitively, 836 00:39:30,765 --> 00:39:32,576 to prove which one of you did it. 837 00:39:32,600 --> 00:39:34,230 So they won't prosecute? 838 00:39:34,668 --> 00:39:35,790 They can't. 839 00:39:36,691 --> 00:39:39,116 Dr. Harper, the second we found out 840 00:39:39,140 --> 00:39:40,617 that you had an identical twin, 841 00:39:40,641 --> 00:39:42,864 I had my team out in the field looking for him. 842 00:39:44,057 --> 00:39:45,623 And we found him. 843 00:39:47,281 --> 00:39:48,592 I'm sorry. 844 00:39:48,616 --> 00:39:50,460 Uh... 845 00:39:50,484 --> 00:39:54,064 he's been in the Philadelphia City Morgue for three days 846 00:39:54,088 --> 00:39:56,855 as a result of an overdose. 847 00:39:57,958 --> 00:39:59,936 Michael, he was a junkie. 848 00:39:59,960 --> 00:40:01,271 A murderer. 849 00:40:01,295 --> 00:40:03,467 But he looked just like me. 850 00:40:04,031 --> 00:40:05,720 You're not the same. 851 00:40:06,333 --> 00:40:08,545 I know, but... 852 00:40:08,569 --> 00:40:12,215 still, I looked him up on-online. 853 00:40:12,768 --> 00:40:15,085 We both played basketball in high school. 854 00:40:15,109 --> 00:40:16,820 Forward. 855 00:40:16,844 --> 00:40:19,423 We both struggled with addiction. 856 00:40:19,447 --> 00:40:22,111 I had a few fistfights when I was young. 857 00:40:22,850 --> 00:40:25,162 We shared some demons. 858 00:40:25,186 --> 00:40:27,497 You're wondering why your life turned out one way 859 00:40:27,521 --> 00:40:29,800 - and his turned out another? - No, I know. 860 00:40:29,824 --> 00:40:32,469 I had parents that put me through school 861 00:40:32,914 --> 00:40:35,605 and a wife that helped me with my sobriety. 862 00:40:35,629 --> 00:40:38,642 Maybe. Let's not forget about free will. 863 00:40:38,666 --> 00:40:41,172 Our DNA is not our destiny. 864 00:40:41,936 --> 00:40:44,981 We can change it, piece by piece, choice by choice. 865 00:40:45,005 --> 00:40:46,316 If we're strong enough. 866 00:40:46,340 --> 00:40:48,185 Which you were. 867 00:40:48,209 --> 00:40:49,986 So what about the boy? 868 00:40:50,010 --> 00:40:51,521 The victim's son. 869 00:40:51,545 --> 00:40:53,356 The one who identified me. 870 00:40:53,380 --> 00:40:55,092 The assistant district attorney said 871 00:40:55,116 --> 00:40:56,693 he went to live with his cousins. 872 00:40:56,717 --> 00:40:59,651 They seem happy to have him, and he seems happy to be there. 873 00:41:02,089 --> 00:41:04,868 You should go home, play with your kids. 874 00:41:04,892 --> 00:41:06,736 It's a beautiful afternoon. 875 00:41:07,490 --> 00:41:09,973 That it is. 876 00:41:14,268 --> 00:41:15,579 So, what is everybody else 877 00:41:15,603 --> 00:41:16,913 doing the rest of the day? 878 00:41:16,937 --> 00:41:18,515 Oh, I think I'm going home, 879 00:41:18,539 --> 00:41:20,250 calling my brother and sister. 880 00:41:20,274 --> 00:41:21,852 Wow. 881 00:41:21,876 --> 00:41:23,854 That's a great idea. I think I'm gonna do the same thing. 882 00:41:23,878 --> 00:41:24,988 Dr. Bull? 883 00:41:25,012 --> 00:41:26,523 Actually, I'm gonna go back to the office 884 00:41:26,547 --> 00:41:28,525 and try and track down an old girlfriend.