1 00:00:04,337 --> 00:00:07,257 ANNOUNCER: This is Justice in America. 2 00:00:07,340 --> 00:00:09,259 And I'm Madeline McBride. 3 00:00:09,342 --> 00:00:12,554 It has been 73 days since the murder 4 00:00:12,637 --> 00:00:14,264 of 11-year-old Kaylee Nagle. 5 00:00:14,347 --> 00:00:17,892 Kaylee was found sexually assaulted and stabbed to death 6 00:00:17,976 --> 00:00:19,894 in her Westchester, New York home. 7 00:00:19,978 --> 00:00:22,439 And while the police have yet to make an arrest, 8 00:00:22,522 --> 00:00:24,858 there is one suspect from whom 9 00:00:24,941 --> 00:00:26,276 we never hear. 10 00:00:26,359 --> 00:00:28,570 I'm talking about Kaylee's stepfather, 11 00:00:28,653 --> 00:00:30,572 Jeremy Brennan. 12 00:00:30,655 --> 00:00:32,949 According to Jeremy's statement to the police, 13 00:00:33,032 --> 00:00:34,784 he picked up Kaylee after school 14 00:00:34,868 --> 00:00:36,786 at soccer practice and returned home. 15 00:00:36,870 --> 00:00:39,247 And while Kaylee's mother was at work, 16 00:00:39,330 --> 00:00:42,167 Jeremy claims he went on a bike ride 17 00:00:42,250 --> 00:00:45,253 and returned less than an hour later to find 18 00:00:45,336 --> 00:00:48,506 his stepdaughter dead on the kitchen floor, 19 00:00:48,590 --> 00:00:51,092 her soccer jersey ripped open, 20 00:00:51,176 --> 00:00:54,262 her shorts pulled down to her ankles, 21 00:00:54,345 --> 00:00:55,847 and a kitchen knife 22 00:00:55,930 --> 00:00:58,266 buried in her chest. 23 00:00:59,100 --> 00:01:02,145 Well, apparently, the police are running out of ways 24 00:01:02,228 --> 00:01:04,773 to get this man to talk, and that is why 25 00:01:04,856 --> 00:01:08,651 I am asking you, for the 22nd night in a row, 26 00:01:08,735 --> 00:01:13,448 to let Jeremy Brennan know that you need to hear from him. 27 00:01:13,531 --> 00:01:15,450 You want answers. 28 00:01:15,533 --> 00:01:17,660 And he can't hide! 29 00:01:17,744 --> 00:01:19,204 Let's keep up the pressure. 30 00:01:19,287 --> 00:01:21,790 Let's bombard this man with our tweets. 31 00:01:21,873 --> 00:01:23,666 Let's demand that he come forward 32 00:01:23,750 --> 00:01:26,461 and answer some questions. 33 00:01:26,544 --> 00:01:29,339 @JeremyBrennanRealty. 34 00:01:29,422 --> 00:01:34,010 #StopHidingJeremy. 35 00:01:36,471 --> 00:01:38,306 Dr. Bull, Mr. Colón. 36 00:01:38,389 --> 00:01:40,016 I appreciate you braving the pandemic 37 00:01:40,099 --> 00:01:40,934 to meet me this morning. 38 00:01:41,017 --> 00:01:42,519 For the record, I get tested every day. 39 00:01:42,602 --> 00:01:43,978 The room is disinfected every night. 40 00:01:44,062 --> 00:01:45,480 So feel free to leave your masks on 41 00:01:45,563 --> 00:01:47,690 or take them off as you see fit. 42 00:01:47,774 --> 00:01:49,651 You gentlemen know why you're here? 43 00:01:49,734 --> 00:01:51,528 I'm guessing it's because 44 00:01:51,611 --> 00:01:53,363 you have a Madeline McBride problem. 45 00:01:53,446 --> 00:01:55,824 She's being sued by that family of the little girl 46 00:01:55,907 --> 00:01:57,992 who was murdered. And they want her 47 00:01:58,076 --> 00:02:01,412 to stop encouraging her viewers to harass the stepfather 48 00:02:01,496 --> 00:02:03,248 on social media. 49 00:02:03,331 --> 00:02:05,875 Please. 50 00:02:05,959 --> 00:02:09,045 Well, you know... this Madeline McBride issue. 51 00:02:09,128 --> 00:02:11,673 She's picking a fight with someone who, 52 00:02:11,756 --> 00:02:13,258 who might be the guilty party, but also someone 53 00:02:13,341 --> 00:02:15,677 who could certainly be perceived as the victim, 54 00:02:15,760 --> 00:02:17,220 in that his stepdaughter was 55 00:02:17,303 --> 00:02:19,055 the person who died. 56 00:02:19,138 --> 00:02:20,890 Can't pay them off-- they don't want money. 57 00:02:20,974 --> 00:02:22,892 Can't ask Madeline to stop what she's doing 58 00:02:22,976 --> 00:02:25,228 without doing irreparable harm to her brand, 59 00:02:25,311 --> 00:02:26,896 which, as you know, is 60 00:02:26,980 --> 00:02:28,565 the tough-talking, acerbic, 61 00:02:28,648 --> 00:02:30,567 defender of those denied justice. 62 00:02:30,650 --> 00:02:32,193 Yada, yada, yada. Long story short, 63 00:02:32,277 --> 00:02:34,737 we're going to court, whether we want to or not. 64 00:02:34,821 --> 00:02:36,364 BENNY: So you think the jury 65 00:02:36,447 --> 00:02:39,242 just might side with the family of the dead girl? 66 00:02:39,325 --> 00:02:41,411 (sighs) Our whole business is based 67 00:02:41,494 --> 00:02:43,079 on the assumption that the First Amendment gives 68 00:02:43,162 --> 00:02:45,415 our air personalities the right to express themselves 69 00:02:45,498 --> 00:02:47,083 without fear of retribution. 70 00:02:47,167 --> 00:02:48,751 And I don't want to give the courts or a jury 71 00:02:48,835 --> 00:02:50,795 any reason to second-guess that. 72 00:02:50,879 --> 00:02:53,423 I'd just love to shut this down sooner rather than later. 73 00:02:53,506 --> 00:02:56,885 If you two were inclined to lead the fight for us... 74 00:02:56,968 --> 00:02:59,429 I'd certainly make it worth your while. 75 00:02:59,512 --> 00:03:01,097 You ever watch that lady's show? 76 00:03:01,180 --> 00:03:03,433 I have caught a little of it here and there. 77 00:03:03,516 --> 00:03:05,977 It's hard to believe that's what the founding fathers 78 00:03:06,060 --> 00:03:09,105 had in mind when they were cooking up the Constitution. 79 00:03:10,106 --> 00:03:12,775 Are you trying to tell me you'd rather not be involved? 80 00:03:12,859 --> 00:03:15,778 Madeline McBride is part of this culture of evisceration 81 00:03:15,862 --> 00:03:18,615 that takes over cable television every night. 82 00:03:18,698 --> 00:03:21,618 Whether it's politics or celebrity stalking 83 00:03:21,701 --> 00:03:23,995 or true crime, it's just... 84 00:03:24,078 --> 00:03:24,954 it's just mean, man. 85 00:03:25,038 --> 00:03:26,915 Well, it might be mean, but Madeline McBride 86 00:03:26,998 --> 00:03:30,168 and WNN are on the right side of this thing legally. 87 00:03:30,251 --> 00:03:31,419 It's the First Amendment. 88 00:03:31,502 --> 00:03:33,630 And the problem is... 89 00:03:33,713 --> 00:03:35,465 if you don't stand up for the people you don't agree with 90 00:03:35,548 --> 00:03:37,675 when they're being silenced, there might not be 91 00:03:37,759 --> 00:03:39,969 a right to free speech when they come after 92 00:03:40,053 --> 00:03:41,971 the people that you do agree with. 93 00:03:42,055 --> 00:03:44,682 Right? No less a figure than George Washington said, 94 00:03:44,766 --> 00:03:47,769 "If freedom of speech is taken away, then dumb and silent 95 00:03:47,852 --> 00:03:50,563 we may be led like sheep to the slaughter." 96 00:03:52,190 --> 00:03:54,484 BENNY: Your Honor, the law of the state of New York 97 00:03:54,567 --> 00:03:57,612 is very clear-- an injunction can only be granted 98 00:03:57,695 --> 00:03:59,697 if there's proof that the party in question 99 00:03:59,781 --> 00:04:01,991 is doing irreparable harm. 100 00:04:02,075 --> 00:04:04,661 Counsel is correct on that point. 101 00:04:04,744 --> 00:04:07,163 Is your client suffering irreparable harm? 102 00:04:07,246 --> 00:04:09,332 Without question, Your Honor. 103 00:04:09,415 --> 00:04:13,002 Jeremy Brennan is suffering indescribable mental anguish 104 00:04:13,086 --> 00:04:16,297 because of Madeline McBride's relentless 105 00:04:16,381 --> 00:04:18,675 and very public attacks. 106 00:04:18,758 --> 00:04:21,511 To be clear, she's accusing 107 00:04:21,594 --> 00:04:24,389 my client of the murder of his stepdaughter 108 00:04:24,472 --> 00:04:27,183 on national television, virtually every night 109 00:04:27,266 --> 00:04:28,726 for over a month now. 110 00:04:28,810 --> 00:04:31,562 All this while he and his wife 111 00:04:31,646 --> 00:04:34,649 are dealing with the anguish of having lost 112 00:04:34,732 --> 00:04:36,693 their only child in... 113 00:04:36,776 --> 00:04:39,362 as gruesome and savage 114 00:04:39,445 --> 00:04:41,531 a rape and murder 115 00:04:41,614 --> 00:04:43,491 as I can ever recall. 116 00:04:43,574 --> 00:04:45,660 She is using her bully pulpit 117 00:04:45,743 --> 00:04:48,329 to urge her viewers 118 00:04:48,413 --> 00:04:50,665 to call him out via social media. 119 00:04:50,748 --> 00:04:52,875 My client receives over a thousand 120 00:04:52,959 --> 00:04:55,670 tweets a day-- all of them hostile, 121 00:04:55,753 --> 00:04:58,548 many of them threatening-- and all of them mention 122 00:04:58,631 --> 00:05:01,175 Ms. McBride and her program by name. 123 00:05:01,259 --> 00:05:04,053 Furthermore, Mr. Brennan is a real estate agent. 124 00:05:04,137 --> 00:05:08,057 His name... is an integral part of his business. 125 00:05:08,141 --> 00:05:11,686 Bus benches with his name and photo 126 00:05:11,769 --> 00:05:14,355 are being defaced with the words "pedophile" 127 00:05:14,439 --> 00:05:15,898 and "killer." 128 00:05:15,982 --> 00:05:18,526 Mr. Brennan can't even go out in public anymore. 129 00:05:18,609 --> 00:05:20,570 And let's start with the fact 130 00:05:20,653 --> 00:05:22,739 that my client has never 131 00:05:22,822 --> 00:05:25,199 been arrested or charged 132 00:05:25,283 --> 00:05:27,744 with any crime. None. 133 00:05:27,827 --> 00:05:29,912 Furthermore, there is clear evidence 134 00:05:29,996 --> 00:05:32,582 that someone else is the killer. 135 00:05:32,665 --> 00:05:35,918 There was unidentified DNA and skin cells 136 00:05:36,002 --> 00:05:38,463 present under Kaylee's fingernails. 137 00:05:38,546 --> 00:05:41,924 Something Ms. McBride doesn't even mention on her show. 138 00:05:42,008 --> 00:05:45,053 BENNY: Your Honor, the DNA found underneath the victim's 139 00:05:45,136 --> 00:05:48,264 fingernails could come from anyone, anywhere. 140 00:05:48,347 --> 00:05:50,224 Possibly even... 141 00:05:50,308 --> 00:05:52,435 one of her friends on the soccer field. 142 00:05:52,518 --> 00:05:54,437 And isn't this ultimately 143 00:05:54,520 --> 00:05:56,355 about the First Amendment? 144 00:05:56,439 --> 00:05:59,609 No less a figure than George Washington declared, 145 00:05:59,692 --> 00:06:02,445 "If freedom of speech is taken away, 146 00:06:02,528 --> 00:06:04,822 "then dumb and silent, 147 00:06:04,906 --> 00:06:08,451 we may be led like sheep to the slaughter." 148 00:06:08,534 --> 00:06:10,787 GODFORD: Mr. Colón knows good and well 149 00:06:10,870 --> 00:06:12,747 that not all speech 150 00:06:12,830 --> 00:06:14,457 is protected by the First Amendment. 151 00:06:14,540 --> 00:06:17,627 The Supreme Court has been very clear on that. 152 00:06:17,710 --> 00:06:19,629 There's a reason you can't yell fire 153 00:06:19,712 --> 00:06:21,255 in a crowded theater. 154 00:06:21,339 --> 00:06:24,884 Respectfully, Your Honor, you can if there's smoke. 155 00:06:26,177 --> 00:06:28,763 Personally, going forward, I would encourage 156 00:06:28,846 --> 00:06:31,015 Ms. McBride to show a degree of sensitivity 157 00:06:31,099 --> 00:06:34,352 to Mr. Brennan, who, as Mr. Godford points out, 158 00:06:34,435 --> 00:06:38,773 has not even been charged with a crime at this point. 159 00:06:38,856 --> 00:06:40,817 However, I am bound by the State of New York 160 00:06:40,900 --> 00:06:43,486 as well as the United States' Constitution. 161 00:06:43,569 --> 00:06:46,656 Madeline McBride has a guaranteed First Amendment right 162 00:06:46,739 --> 00:06:48,324 to state her opinion. 163 00:06:48,407 --> 00:06:51,786 Therefore, I am denying the request for an injunction. 164 00:06:51,869 --> 00:06:54,038 Court dismissed. 165 00:07:00,378 --> 00:07:02,171 Nice job, gentlemen. 166 00:07:02,255 --> 00:07:04,507 Uh... I told you we were in good hands. 167 00:07:04,590 --> 00:07:07,385 That George Washington quote was very moving. 168 00:07:07,468 --> 00:07:10,471 We barely said hello, but I'm very grateful 169 00:07:10,555 --> 00:07:12,682 for what you did here today. 170 00:07:12,765 --> 00:07:14,725 And... 171 00:07:14,809 --> 00:07:17,562 I know that Kaylee is, too. 172 00:07:21,774 --> 00:07:23,818 (elevator bell chimes) 173 00:07:28,656 --> 00:07:30,032 Hi, hi, sorry! 174 00:07:30,116 --> 00:07:31,534 Forgive me for ambushing you. 175 00:07:31,617 --> 00:07:33,035 It's just that your place was locked, but then... 176 00:07:33,119 --> 00:07:34,871 the guard downstairs recognized me 177 00:07:34,954 --> 00:07:37,206 and he said that I could wait here for you, 178 00:07:37,290 --> 00:07:38,666 so... 179 00:07:38,749 --> 00:07:41,210 What can I do for you, Ms. McBride? 180 00:07:41,294 --> 00:07:43,838 (sighs) 181 00:07:43,921 --> 00:07:46,340 I got a phone call about an hour ago. 182 00:07:46,424 --> 00:07:50,052 Jeremy Brennan, Kaylee Nagle's stepfather, 183 00:07:50,136 --> 00:07:52,221 he... 184 00:07:52,889 --> 00:07:56,350 ...he killed himself last night. 185 00:08:03,441 --> 00:08:05,484 ♪ ♪ 186 00:08:11,657 --> 00:08:13,868 (phone ringing, buzzing) 187 00:08:19,081 --> 00:08:20,541 Hello? 188 00:08:21,667 --> 00:08:23,753 Yes, this is she. 189 00:08:23,836 --> 00:08:26,964 Sorry, what hospital is this? 190 00:08:28,299 --> 00:08:29,967 Oh, no, no, there must be some mistake. 191 00:08:30,051 --> 00:08:32,762 You're, like, three blocks away from me. 192 00:08:32,845 --> 00:08:34,889 My father lives in Louisiana. 193 00:08:34,972 --> 00:08:37,225 Has for the last 15 years. 194 00:08:39,685 --> 00:08:41,312 Wait, he what? 195 00:08:41,395 --> 00:08:43,105 Tonight? 196 00:08:43,189 --> 00:08:46,108 Day 42-- no response 197 00:08:46,192 --> 00:08:48,152 from Jeremy Brennan or his attorneys 198 00:08:48,236 --> 00:08:51,113 regarding his availability or willingness 199 00:08:51,197 --> 00:08:52,740 to appear on this show. 200 00:08:52,823 --> 00:08:55,117 No response from Westchester PD 201 00:08:55,201 --> 00:08:57,453 as to what their plans are moving forward 202 00:08:57,536 --> 00:08:59,330 in regards to the Kaylee Nagle case. 203 00:08:59,413 --> 00:09:01,290 No response from the mayor. 204 00:09:01,374 --> 00:09:03,793 No response from the county supervisor. 205 00:09:03,876 --> 00:09:07,630 And that is why I've applied for a permit 206 00:09:07,713 --> 00:09:09,465 for an organized rally across the street 207 00:09:09,548 --> 00:09:10,800 from the Brennan home. 208 00:09:10,883 --> 00:09:14,095 The scene of Kaylee's death. 209 00:09:14,178 --> 00:09:15,763 And if you live in the tri-state area, 210 00:09:15,846 --> 00:09:18,015 I do hope that you will come down and join me 211 00:09:18,099 --> 00:09:21,477 as we let the world know that we have some questions. 212 00:09:21,560 --> 00:09:23,771 And we want some answers! 213 00:09:23,854 --> 00:09:25,690 Our client concluded her broadcast, 214 00:09:25,773 --> 00:09:27,984 this broadcast, at 9:59. 215 00:09:28,067 --> 00:09:31,654 According to the Brennan cable box, the program was viewed 216 00:09:31,737 --> 00:09:33,698 in both the bedroom and the family room. 217 00:09:33,781 --> 00:09:37,326 Jeremy's widow tells us she watched it alone 218 00:09:37,410 --> 00:09:39,120 and fell asleep shortly thereafter. 219 00:09:39,203 --> 00:09:41,831 Apparently her late husband never made it upstairs to bed. 220 00:09:41,914 --> 00:09:44,834 Sometime between 2:00 and 3:00 a.m., 221 00:09:44,917 --> 00:09:47,128 he entered the garage, climbed into his car, 222 00:09:47,211 --> 00:09:49,171 started the engine... 223 00:09:49,255 --> 00:09:51,007 but never opened the garage door. 224 00:09:51,090 --> 00:09:53,342 Just sat in the front seat and waited for the carbon monoxide 225 00:09:53,426 --> 00:09:56,512 to do its job-- no texts, no note, no nothing. 226 00:09:56,596 --> 00:09:59,515 BULL: Let's talk law-- the other side is gonna have 227 00:09:59,598 --> 00:10:02,643 to prove Jeremy Brennan's suicide was uniquely 228 00:10:02,727 --> 00:10:05,896 a result of Madeline McBride's on-air provocations. 229 00:10:05,980 --> 00:10:08,149 And as disturbing as what we just saw was, 230 00:10:08,232 --> 00:10:11,694 that's gonna be a very, very difficult thing to prove. 231 00:10:11,777 --> 00:10:14,864 And yet, the six people sitting in judgment of all this 232 00:10:14,947 --> 00:10:16,866 may have a hard time separating what Madeline did 233 00:10:16,949 --> 00:10:19,910 from who Madeline is, or who she appears to be. 234 00:10:19,994 --> 00:10:21,871 Taylor, you have those Q scores? 235 00:10:21,954 --> 00:10:22,788 "Q score"? 236 00:10:22,872 --> 00:10:25,916 They measure the likeability and familiarity 237 00:10:26,000 --> 00:10:27,209 of a celebrity. 238 00:10:27,293 --> 00:10:29,045 Madeline McBride has an extraordinarily 239 00:10:29,128 --> 00:10:30,504 high Q score, actually. 240 00:10:30,588 --> 00:10:32,673 Over 80% of adults who are between the ages 241 00:10:32,757 --> 00:10:34,675 of 18 and 49 know who she is. 242 00:10:34,759 --> 00:10:36,886 Additionally, two out of three of those 80% 243 00:10:36,969 --> 00:10:39,347 admit to watching her at least three times a month. 244 00:10:39,430 --> 00:10:41,557 Okay. She's popular. We knew that. 245 00:10:41,640 --> 00:10:43,017 Here's the fascinating part. 246 00:10:43,100 --> 00:10:45,519 Two-thirds of that subset that says they watch her, 247 00:10:45,603 --> 00:10:47,396 admit they don't like her. 248 00:10:47,480 --> 00:10:50,524 They find her shrill, hysterical, judgmental, unfair. 249 00:10:50,608 --> 00:10:53,569 Most repeated comment: "She's not a nice person." 250 00:10:53,652 --> 00:10:55,738 BULL: And therein lies the problem. 251 00:10:55,821 --> 00:10:58,616 That is our potential jury pool, which is why 252 00:10:58,699 --> 00:11:00,409 we have to make sure this case doesn't devolve 253 00:11:00,493 --> 00:11:02,661 into a referendum on our client's personality. 254 00:11:02,745 --> 00:11:05,539 Now, the other side's gonna have their hands full 255 00:11:05,623 --> 00:11:07,458 trying to prove causation, which I'm fairly sure 256 00:11:07,541 --> 00:11:10,086 we will be able to defend against, but... 257 00:11:10,169 --> 00:11:13,339 if this case becomes about what that jury thinks 258 00:11:13,422 --> 00:11:18,636 about McBride's behavior as a TV personality, we will lose. 259 00:11:18,719 --> 00:11:20,596 We can't play defense and win. 260 00:11:20,679 --> 00:11:23,557 We have to make sure this jury understands 261 00:11:23,641 --> 00:11:28,020 this is much bigger than a cable news TV show. 262 00:11:28,104 --> 00:11:31,357 (melancholy, orchestral movie music plays, bell tolls) 263 00:11:36,862 --> 00:11:38,614 (knocking) 264 00:11:38,697 --> 00:11:41,367 This better be important. 265 00:11:44,370 --> 00:11:47,289 What can I do for you? 266 00:11:47,373 --> 00:11:50,960 Any progress in the Madeline McBride of it all? 267 00:11:51,043 --> 00:11:52,628 Still in the midst. 268 00:11:52,711 --> 00:11:56,966 Actually, I had a startling revelation a little while ago. 269 00:11:57,049 --> 00:11:58,634 Our client... 270 00:11:58,717 --> 00:12:01,262 is the Hunchback of Notre Dame. 271 00:12:01,345 --> 00:12:02,930 People see her-- 272 00:12:03,013 --> 00:12:06,142 they're appalled, but they're also fascinated. 273 00:12:06,225 --> 00:12:08,144 Same way they feel about the Hunchback. 274 00:12:08,227 --> 00:12:09,645 They can't look away. 275 00:12:09,728 --> 00:12:12,773 So, what the novel does, what the movie does 276 00:12:12,857 --> 00:12:14,942 is it humanizes this person 277 00:12:15,025 --> 00:12:17,153 that people find so frightening, so terrifying. 278 00:12:17,236 --> 00:12:19,405 It makes them care about him. 279 00:12:19,488 --> 00:12:22,533 That's what we need to do with Madeline. 280 00:12:22,616 --> 00:12:24,660 Any idea how? 281 00:12:24,743 --> 00:12:25,995 Not a clue. 282 00:12:26,078 --> 00:12:27,830 Something will come to me. 283 00:12:27,913 --> 00:12:30,666 But I suspect that is not why you came to my office. 284 00:12:30,750 --> 00:12:31,709 Actually, I was hoping 285 00:12:31,792 --> 00:12:34,962 to get a couple of minutes with the other Dr. Bull. 286 00:12:35,045 --> 00:12:37,089 The psychologist. 287 00:12:40,885 --> 00:12:43,012 (sighs) 288 00:12:43,095 --> 00:12:45,514 What's going on? 289 00:12:45,598 --> 00:12:47,975 My father passed away last night. 290 00:12:48,058 --> 00:12:50,019 COVID. 291 00:12:50,102 --> 00:12:52,521 I'm so sorry. 292 00:12:50,102 --> 00:12:52,521 No, it's fine. 293 00:12:52,605 --> 00:12:54,356 I'm fine. 294 00:12:54,440 --> 00:12:56,525 Didn't even know he was sick. 295 00:12:59,487 --> 00:13:03,532 Haven't seen or spoken with him in almost 15 years. 296 00:13:03,616 --> 00:13:05,242 I thought he was 297 00:13:05,326 --> 00:13:06,994 in New Orleans this whole time. 298 00:13:07,077 --> 00:13:10,372 Turns out he was living four subway stops away from me. 299 00:13:10,456 --> 00:13:13,876 Is that what you wanted to talk to me about? 300 00:13:13,959 --> 00:13:16,045 No. No. 301 00:13:16,128 --> 00:13:18,797 Um, I wanted to talk about me. 302 00:13:21,300 --> 00:13:24,428 So, I got the call at 3:00 in the morning. 303 00:13:24,512 --> 00:13:27,765 Hung up, went straight to sleep. 304 00:13:27,848 --> 00:13:29,600 Didn't cry. 305 00:13:29,683 --> 00:13:31,393 Just slept. 306 00:13:31,477 --> 00:13:34,355 Then I got up, came to work. 307 00:13:34,438 --> 00:13:36,815 Still haven't cried. 308 00:13:40,069 --> 00:13:41,820 Is that crazy? 309 00:13:41,904 --> 00:13:44,073 Well, there's a lot I don't know, 310 00:13:44,156 --> 00:13:46,158 but my suspicion is... 311 00:13:46,242 --> 00:13:49,870 you're not reacting yet to what happened. 312 00:13:49,954 --> 00:13:53,374 And there's two reasons. One, you're in shock. 313 00:13:53,457 --> 00:13:57,711 And two, your father already left you 15 years ago. 314 00:13:57,795 --> 00:14:01,048 So, I suspect you've been mourning him 315 00:14:01,131 --> 00:14:03,801 on and off for years. 316 00:14:07,179 --> 00:14:09,390 That makes sense. 317 00:14:10,349 --> 00:14:12,643 Thank you, Dr. Bull. 318 00:14:16,230 --> 00:14:18,774 Danny? 319 00:14:19,400 --> 00:14:22,570 Sooner or later, you will cry. 320 00:14:25,030 --> 00:14:27,116 I don't know. 321 00:14:27,199 --> 00:14:29,618 He is my father. 322 00:14:29,702 --> 00:14:33,581 And it's not like I don't have any good memories. 323 00:14:35,374 --> 00:14:37,626 But in a lot of ways, he was a really bad guy. 324 00:14:37,710 --> 00:14:40,462 I'm just telling you, it could be tomorrow, 325 00:14:40,546 --> 00:14:42,214 could be years from now. 326 00:14:42,298 --> 00:14:44,174 You'll be walking down the street, 327 00:14:44,258 --> 00:14:47,219 and suddenly, it hits you. 328 00:14:48,762 --> 00:14:50,931 I just want you to know it's coming. 329 00:14:51,015 --> 00:14:52,641 Okay. 330 00:14:52,725 --> 00:14:55,311 I've been warned. 331 00:14:59,940 --> 00:15:02,151 GODFORD: And when did 332 00:15:02,234 --> 00:15:05,154 the two of you become aware that Madeline McBride 333 00:15:05,237 --> 00:15:06,989 was implicating your husband 334 00:15:07,072 --> 00:15:10,492 in the death of your child on national television? 335 00:15:10,576 --> 00:15:13,579 Were you regular viewers of her program? 336 00:15:13,662 --> 00:15:16,665 No, I had never seen it before, I'd-I'd never heard of her. 337 00:15:16,749 --> 00:15:20,836 Um, I'm guessing the first time she mentioned it, 338 00:15:20,919 --> 00:15:23,839 it was a Friday night, because I remember 339 00:15:23,922 --> 00:15:27,676 it was a Saturday morning when we first got the tweets. 340 00:15:27,760 --> 00:15:30,137 Um, my husband 341 00:15:30,220 --> 00:15:32,181 had his own Twitter account for, 342 00:15:32,264 --> 00:15:34,183 uh, for his work. 343 00:15:34,266 --> 00:15:38,020 And he woke me up to show me the... 344 00:15:38,103 --> 00:15:39,396 ugliest messages. 345 00:15:39,480 --> 00:15:42,608 Um, and as I said, it was a Saturday morning, 346 00:15:42,691 --> 00:15:44,360 which are always the hardest, 347 00:15:44,443 --> 00:15:46,820 because Saturdays were Kaylee's days. 348 00:15:46,904 --> 00:15:51,033 It was soccer and sleepovers, and then... 349 00:15:51,116 --> 00:15:53,869 there were just these long days 350 00:15:53,952 --> 00:15:57,039 that we had to fill by ourselves. 351 00:15:57,122 --> 00:16:00,918 GODFORD: And how did your life change 352 00:16:01,001 --> 00:16:03,712 as Madeline McBride began 353 00:16:03,796 --> 00:16:07,174 her nightly campaign against your husband? 354 00:16:07,257 --> 00:16:09,718 After she insinuated on national television 355 00:16:09,802 --> 00:16:14,640 that Kaylee's stepfather was a pedophile and a killer? 356 00:16:14,723 --> 00:16:17,893 (voice breaking): My husband was vilified. 357 00:16:19,311 --> 00:16:21,563 At the grocery store, 358 00:16:21,647 --> 00:16:24,400 at his office, everywhere he went. 359 00:16:24,483 --> 00:16:26,276 They would call him names, 360 00:16:26,360 --> 00:16:28,404 tell him to stop hiding. 361 00:16:28,487 --> 00:16:30,030 And... 362 00:16:30,114 --> 00:16:31,949 did you and Mr. Brennan ever feel 363 00:16:32,032 --> 00:16:35,411 that you were in any real danger because of Ms. McBride? 364 00:16:35,494 --> 00:16:37,579 We did, and we were. 365 00:16:38,163 --> 00:16:40,749 In fact, the night before Jeremy took his own life, 366 00:16:40,833 --> 00:16:43,252 someone threw a brick through our front window. 367 00:16:43,335 --> 00:16:45,796 Your Honor, we would like to introduce 368 00:16:45,879 --> 00:16:48,757 into evidence the aforementioned brick 369 00:16:48,841 --> 00:16:51,301 that came through the Brennans' window. 370 00:16:51,385 --> 00:16:52,803 Objection, Your Honor. 371 00:16:52,886 --> 00:16:55,973 A brick thrown by an unknown perpetrator is not relevant 372 00:16:56,056 --> 00:16:58,225 to statements made by Ms. McBride, 373 00:16:58,308 --> 00:17:01,770 and any attempt to connect the two is speculative at best. 374 00:17:01,854 --> 00:17:03,939 Actually, the two are very much connected, 375 00:17:04,022 --> 00:17:05,941 very much related, Your Honor. 376 00:17:06,734 --> 00:17:08,777 Sorry, Counselor. 377 00:17:08,861 --> 00:17:11,238 I think we need to see where this goes. 378 00:17:12,197 --> 00:17:13,991 Overruled. 379 00:17:14,616 --> 00:17:17,453 GODFORD: The brick that you're holding-- 380 00:17:17,536 --> 00:17:19,621 there's some writing on it? 381 00:17:20,205 --> 00:17:24,084 Would you please read what it says? 382 00:17:24,710 --> 00:17:27,087 It says, "Stop Hiding Jeremy." 383 00:17:27,171 --> 00:17:29,506 GODFORD: And are you familiar with that expression? 384 00:17:29,590 --> 00:17:31,675 TRACY: I certainly am. 385 00:17:31,759 --> 00:17:34,303 "StopHidingJeremy" was the hashtag 386 00:17:34,386 --> 00:17:38,974 McBride told her audience to tweet to Jeremy every night. 387 00:17:42,770 --> 00:17:44,188 BULL: You okay? 388 00:17:44,271 --> 00:17:45,189 What do you mean? 389 00:17:45,272 --> 00:17:47,566 Well, that had to be hard to listen to in there. 390 00:17:47,649 --> 00:17:50,068 Oh. Well, I'm fine. 391 00:17:50,152 --> 00:17:53,697 I know, and I think the jury sees, 392 00:17:53,781 --> 00:17:55,991 that this is very difficult for her. 393 00:17:56,074 --> 00:17:58,577 She invited him into her house. 394 00:17:58,660 --> 00:18:00,204 She invited him into her life. 395 00:18:00,287 --> 00:18:03,123 And now her daughter is dead, so she's lashing out at me. 396 00:18:03,207 --> 00:18:06,210 It's-it's kind of classic textbook. 397 00:18:06,293 --> 00:18:07,586 Don't you think? 398 00:18:07,669 --> 00:18:10,005 Oh. Do you disagree? 399 00:18:10,088 --> 00:18:12,883 Well, for what it's worth, that's not what I heard. 400 00:18:12,966 --> 00:18:16,011 I heard her communicate-- 401 00:18:16,095 --> 00:18:18,555 and rather effectively, I might add-- 402 00:18:18,639 --> 00:18:21,016 the impact your show had on her life. 403 00:18:21,099 --> 00:18:23,894 And, by extension, her late husband's life. 404 00:18:23,977 --> 00:18:27,147 That is what they heard. 405 00:18:27,231 --> 00:18:29,942 Let's not confuse things, Madeline. 406 00:18:30,025 --> 00:18:33,862 Jury's not here to litigate her late husband's guilt. 407 00:18:33,946 --> 00:18:35,531 They're here to litigate yours. 408 00:18:35,614 --> 00:18:38,534 I'm guilty of nothing. 409 00:18:38,617 --> 00:18:40,035 I've killed no one. 410 00:18:40,118 --> 00:18:42,496 All I've done is exercise my First Amendment rights, 411 00:18:42,579 --> 00:18:45,999 and, um, last time I checked, that's not a crime. 412 00:18:46,083 --> 00:18:49,711 So, don't you confuse things. 413 00:18:49,795 --> 00:18:52,881 And don't forget who you're here to defend. 414 00:18:54,883 --> 00:18:55,092 (sighs) 415 00:19:00,639 --> 00:19:03,225 Dr. Soto, will you please tell the court 416 00:19:03,308 --> 00:19:05,102 what it is you do? 417 00:19:05,185 --> 00:19:06,770 I'm a licensed psychiatrist 418 00:19:06,854 --> 00:19:07,729 in the state of New York 419 00:19:07,813 --> 00:19:09,898 in private practice in Westchester County, 420 00:19:09,982 --> 00:19:12,734 and until his death, I saw Jeremy Brennan once a week 421 00:19:12,818 --> 00:19:15,362 for the past... just about four years. 422 00:19:15,445 --> 00:19:17,698 And can you give the court some idea 423 00:19:17,781 --> 00:19:20,117 why you were seeing the late Mr. Brennan 424 00:19:20,200 --> 00:19:21,577 these past four years? 425 00:19:21,660 --> 00:19:23,745 SOTO: Well, without going into too much detail, 426 00:19:23,829 --> 00:19:27,040 what brought Mr. Brennan into my office was his struggle 427 00:19:27,124 --> 00:19:29,293 with issues involving generalized anxiety. 428 00:19:29,376 --> 00:19:32,671 The stresses involved with running your own business. 429 00:19:32,754 --> 00:19:33,922 Pretty run-of-the-mill stuff. 430 00:19:34,006 --> 00:19:37,384 And can you talk about the impact 431 00:19:37,467 --> 00:19:39,303 Kaylee's death had on him? 432 00:19:39,386 --> 00:19:43,015 He was, uh, shattered. 433 00:19:43,098 --> 00:19:44,933 Destroyed. 434 00:19:45,017 --> 00:19:48,437 Uh, wanted to be this strong anchor for his wife, 435 00:19:48,520 --> 00:19:50,105 who obviously was devastated, 436 00:19:50,188 --> 00:19:52,399 and felt ashamed that he couldn't do it. 437 00:19:52,482 --> 00:19:53,942 Couldn't function. 438 00:19:54,026 --> 00:19:57,613 And then there was the whole issue of responsibility. 439 00:19:57,696 --> 00:20:00,115 Tracy was at work, he was at home. 440 00:20:00,198 --> 00:20:03,160 The way he explained it to me was, he could have 441 00:20:03,243 --> 00:20:05,120 just as easily been there, been at the house, 442 00:20:05,203 --> 00:20:06,663 maybe stopped it from happening. 443 00:20:06,747 --> 00:20:08,665 But he was riding his bike. 444 00:20:08,749 --> 00:20:12,085 At one of our last sessions, he told me 445 00:20:12,169 --> 00:20:13,795 it was an incredibly beautiful ride. 446 00:20:13,879 --> 00:20:17,549 And at the time, it gave him enormous pleasure. 447 00:20:17,633 --> 00:20:19,134 And he really had trouble understanding 448 00:20:19,217 --> 00:20:22,095 how he could experience so much pleasure 449 00:20:22,179 --> 00:20:26,433 when someone he loved so deeply was experiencing so much horror. 450 00:20:26,516 --> 00:20:28,477 Your Honor, we mean no disrespect, 451 00:20:28,560 --> 00:20:30,145 but it's hard to see the relevance 452 00:20:30,228 --> 00:20:31,647 of any of this testimony, 453 00:20:31,730 --> 00:20:33,982 what bearing it has on the case at hand. 454 00:20:34,066 --> 00:20:35,484 GODFORD: Your Honor, we believe it's essential 455 00:20:35,567 --> 00:20:36,693 for the jury to understand 456 00:20:36,777 --> 00:20:38,487 Mr. Brennan's state of mind 457 00:20:38,570 --> 00:20:40,530 before Ms. McBride turned him 458 00:20:40,614 --> 00:20:42,991 into the focus of her broadcasts, 459 00:20:43,075 --> 00:20:46,954 so they may better understand the impact she had on him. 460 00:20:47,037 --> 00:20:48,956 I agree, 461 00:20:49,039 --> 00:20:51,375 but I feel confident that you've done that. 462 00:20:51,458 --> 00:20:53,669 If we could please 463 00:20:53,752 --> 00:20:55,671 move it along. 464 00:20:53,752 --> 00:20:55,671 GODFORD: Beg the court's pardon. 465 00:20:55,754 --> 00:20:58,382 If I could just ask one last question... 466 00:20:58,465 --> 00:21:00,133 Your Honor... 467 00:20:58,465 --> 00:21:00,133 ...about the days before 468 00:21:00,217 --> 00:21:04,179 Ms. McBride made him the centerpiece of her broadcasts? 469 00:21:04,262 --> 00:21:06,306 One. 470 00:21:06,390 --> 00:21:07,849 But keep it brief. 471 00:21:07,933 --> 00:21:09,977 GODFORD: During that period, 472 00:21:10,060 --> 00:21:13,021 immediately after Kaylee's death 473 00:21:13,105 --> 00:21:16,191 but before Ms. McBride made him topic number one 474 00:21:16,274 --> 00:21:21,154 on her television show, did he seem at all to you suicidal? 475 00:21:21,238 --> 00:21:22,739 As his doctor, 476 00:21:22,823 --> 00:21:25,993 were you ever really concerned about his safety? 477 00:21:26,076 --> 00:21:27,035 No. 478 00:21:27,119 --> 00:21:29,788 He was depressed. He was angry. 479 00:21:29,871 --> 00:21:31,832 He couldn't sleep or eat. 480 00:21:31,915 --> 00:21:33,542 But he was also very clear 481 00:21:33,625 --> 00:21:35,502 that he had to be there for his wife. 482 00:21:35,585 --> 00:21:37,546 GODFORD: I see. And after 483 00:21:37,629 --> 00:21:40,257 he was implicated by Ms. McBride? 484 00:21:40,340 --> 00:21:41,717 That was the first time I saw 485 00:21:41,800 --> 00:21:44,344 anything even resembling suicidal ideation. 486 00:21:44,428 --> 00:21:47,514 She was on television every night 487 00:21:47,597 --> 00:21:49,224 implying awful things. 488 00:21:49,307 --> 00:21:51,351 The unrelenting tweets. 489 00:21:51,435 --> 00:21:53,603 The phone calls in the middle of the night. 490 00:21:53,687 --> 00:21:55,397 The brick through the window. 491 00:21:55,480 --> 00:21:59,234 This rally she wanted to have across from his house. 492 00:21:59,317 --> 00:22:02,029 I wish I hadn't been so timid about it. 493 00:22:02,112 --> 00:22:04,406 I wish I really had pushed 494 00:22:04,489 --> 00:22:07,242 to have him hospitalized. 495 00:22:07,325 --> 00:22:09,703 Nothing further, Your Honor. 496 00:22:09,786 --> 00:22:11,955 (clears throat) 497 00:22:13,915 --> 00:22:16,960 BENNY: Hello, Dr. Soto. 498 00:22:17,044 --> 00:22:19,046 So... 499 00:22:19,129 --> 00:22:22,758 Are you familiar with the concept of correlation 500 00:22:22,841 --> 00:22:25,594 and how it's often confused with causation? 501 00:22:25,677 --> 00:22:27,596 I'm familiar with it, yes. 502 00:22:27,679 --> 00:22:29,056 BENNY: That even if there is 503 00:22:29,139 --> 00:22:31,933 a correlation between Ms. McBride's actions 504 00:22:32,017 --> 00:22:34,936 and Jeremy Brennan's depression and mental distress, 505 00:22:35,020 --> 00:22:37,731 well, that doesn't prove causation. 506 00:22:37,814 --> 00:22:41,151 No one knows for sure why Jeremy Brennan 507 00:22:41,234 --> 00:22:43,320 did what he did. 508 00:22:43,987 --> 00:22:48,116 You don't know why Mr. Brennan did what he did, do you? 509 00:22:51,703 --> 00:22:53,121 The witness will answer 510 00:22:53,205 --> 00:22:54,915 the question, please. 511 00:22:53,205 --> 00:22:54,915 BENNY: Oh, that's okay, 512 00:22:54,998 --> 00:22:56,917 Your Honor. (chuckles) That's all right. 513 00:22:57,000 --> 00:22:59,294 I-I think the jury gets it. 514 00:22:59,377 --> 00:23:03,590 They know if the doctor, uh, was certain about any of this, 515 00:23:03,673 --> 00:23:07,094 she would have absolutely had Mr. Brennan hospitalized. 516 00:23:07,177 --> 00:23:09,137 A-And not just thought about it. 517 00:23:09,221 --> 00:23:12,307 You know, like, done it. Made it happen. 518 00:23:12,390 --> 00:23:15,602 But she wasn't certain. 519 00:23:15,685 --> 00:23:17,354 Were you? 520 00:23:18,355 --> 00:23:19,940 No. 521 00:23:20,023 --> 00:23:24,194 Okay, so, let's get back to correlation and causation. 522 00:23:24,277 --> 00:23:26,780 To the best of your knowledge, did my client 523 00:23:26,863 --> 00:23:30,408 tell Jeremy Brennan to get on social media? 524 00:23:30,492 --> 00:23:32,369 No, not that I'm aware of. 525 00:23:32,452 --> 00:23:34,079 And, for that matter, did my client 526 00:23:34,162 --> 00:23:37,833 ever force Jeremy Brennan to watch her TV show? 527 00:23:37,916 --> 00:23:41,128 No, I-I can't imagine she did. 528 00:23:41,211 --> 00:23:43,672 I can't imagine that, either. 529 00:23:43,755 --> 00:23:45,507 Thank you. 530 00:23:45,590 --> 00:23:47,175 No further questions, Your Honor. 531 00:23:47,259 --> 00:23:49,427 I need you to answer the door, Marissa. 532 00:23:49,511 --> 00:23:51,304 What? Answer the door? What are you talking about? 533 00:23:51,388 --> 00:23:52,639 What door? 534 00:23:52,722 --> 00:23:54,891 Answer the door, Marissa. 535 00:23:56,393 --> 00:23:57,853 Doubt has arrived. 536 00:24:03,525 --> 00:24:06,361 Morning. Um, any way we could have a chat? 537 00:24:06,444 --> 00:24:07,821 Sure. 538 00:24:07,904 --> 00:24:09,823 What's up? 539 00:24:09,906 --> 00:24:12,492 Um, I need a favor. 540 00:24:12,576 --> 00:24:15,245 My father passed away earlier this week. 541 00:24:15,328 --> 00:24:17,914 Oh, God, I... Danny, I'm so sorry. 542 00:24:17,998 --> 00:24:19,875 Were you close? 543 00:24:19,958 --> 00:24:22,127 I barely knew him. 544 00:24:23,461 --> 00:24:27,174 Well, that's not true. I knew him. 545 00:24:28,341 --> 00:24:30,093 And I loved him. 546 00:24:30,177 --> 00:24:32,429 But he left us-- uh, my mom and me-- 547 00:24:32,512 --> 00:24:34,389 right before I went into the police academy. 548 00:24:34,472 --> 00:24:38,018 No goodbye. Nothing. Just, uh, came home from school one day, 549 00:24:38,101 --> 00:24:40,562 and he was... he was gone. 550 00:24:40,645 --> 00:24:42,981 Took off with some woman. 551 00:24:44,316 --> 00:24:47,068 I haven't spoken to him in 15 years. 552 00:24:47,152 --> 00:24:49,070 So the point is, um, 553 00:24:49,154 --> 00:24:52,073 I, uh, I hired a-a company 554 00:24:52,157 --> 00:24:54,576 to go into his apartment and box up all his things. 555 00:24:54,659 --> 00:24:56,995 Get them out of there so the, uh, the landlord 556 00:24:57,078 --> 00:24:58,580 can get the place ready for a new tenant. 557 00:24:58,663 --> 00:25:00,123 Anyway, 558 00:25:00,207 --> 00:25:02,042 um, they just called, 559 00:25:02,125 --> 00:25:06,087 and apparently, it's about 20-some boxes. 560 00:25:06,171 --> 00:25:08,632 And I just don't have enough room 561 00:25:08,715 --> 00:25:11,635 for all that stuff in my tiny apartment, so... 562 00:25:11,718 --> 00:25:14,554 Is there any way that I could store them here, 563 00:25:14,638 --> 00:25:16,431 out of the way? 564 00:25:16,514 --> 00:25:18,433 (knock on door) 565 00:25:18,516 --> 00:25:21,228 MAN: Judge is on his way out. 566 00:25:18,516 --> 00:25:21,228 We're coming. 567 00:25:21,311 --> 00:25:23,813 After the other side questions me, 568 00:25:23,897 --> 00:25:26,566 you get to question me, too, right? 569 00:25:26,650 --> 00:25:28,235 Yes. That's how it works. 570 00:25:28,318 --> 00:25:29,778 Okay. For your last question, 571 00:25:29,861 --> 00:25:32,781 just make sure you ask me how I got into all of this. 572 00:25:32,864 --> 00:25:35,659 What makes me care so deeply for victims of crime. 573 00:25:35,742 --> 00:25:40,163 What makes me care so deeply for people like Kaylee. 574 00:25:40,247 --> 00:25:42,332 Hmm? 575 00:25:43,583 --> 00:25:45,043 (door opens) 576 00:25:45,126 --> 00:25:47,545 McBRIDE: No evidence of forced entry. 577 00:25:47,629 --> 00:25:50,423 No real alibi for the time period 578 00:25:50,507 --> 00:25:53,301 during which Kaylee was sexually assaulted and murdered. 579 00:25:53,385 --> 00:25:56,304 I mean, he claimed he went on a bike ride, 580 00:25:56,388 --> 00:25:58,181 but no one actually saw him. 581 00:25:58,265 --> 00:26:00,183 (chuckles): So, he just seemed 582 00:26:00,267 --> 00:26:03,144 like someone that you would want to get answers from. 583 00:26:03,228 --> 00:26:06,815 You know what they say about walking like a duck. 584 00:26:06,898 --> 00:26:09,025 SULLIVAN: Any more questions 585 00:26:09,109 --> 00:26:10,193 for this witness, Counselor? 586 00:26:10,277 --> 00:26:13,113 Yes, Your Honor. Just one more. 587 00:26:13,905 --> 00:26:15,657 So, 588 00:26:15,740 --> 00:26:17,784 Ms. McBride, 589 00:26:17,867 --> 00:26:19,619 we've all 590 00:26:19,703 --> 00:26:21,162 seen you on television. 591 00:26:21,246 --> 00:26:23,999 We've all seen you in action. 592 00:26:24,082 --> 00:26:27,544 So, how did you come to this? 593 00:26:27,627 --> 00:26:31,631 How did you come to be a champion of justice? 594 00:26:31,715 --> 00:26:35,385 A champion of victims like Kaylee? 595 00:26:38,430 --> 00:26:41,433 Like a lot of things in life... 596 00:26:42,934 --> 00:26:45,270 ...you never see it coming. 597 00:26:46,855 --> 00:26:48,023 20 years ago, 598 00:26:48,106 --> 00:26:50,692 I was married. 599 00:26:50,775 --> 00:26:53,194 I was living in Indiana. 600 00:26:53,278 --> 00:26:55,030 It was, like... 601 00:26:55,113 --> 00:26:59,200 nine or ten weeks after 9/11. 602 00:26:59,284 --> 00:27:01,911 It was Black Friday. 603 00:27:01,995 --> 00:27:04,497 I was doing my patriotic duty 604 00:27:04,581 --> 00:27:07,042 by getting some early Christmas shopping done. 605 00:27:07,125 --> 00:27:09,586 And my three-year-old, 606 00:27:09,669 --> 00:27:12,380 David... 607 00:27:13,340 --> 00:27:16,092 He was at that in-between age. 608 00:27:16,176 --> 00:27:19,387 You know, they want to be carried, 609 00:27:19,471 --> 00:27:22,223 and, oh, no, they want to walk on their own 610 00:27:22,307 --> 00:27:23,600 or they want to hold your hand. 611 00:27:23,683 --> 00:27:26,436 It's like, no, no, they want to be free. 612 00:27:27,979 --> 00:27:30,732 Anyway, my husband at the time 613 00:27:30,815 --> 00:27:33,276 was in some other part of the mall. 614 00:27:33,360 --> 00:27:37,572 And I saw out of the corner of my eye 615 00:27:37,655 --> 00:27:40,408 this robot pet 616 00:27:40,492 --> 00:27:43,703 that was so popular that year. 617 00:27:43,787 --> 00:27:46,956 I mean, it was sold out everywhere. 618 00:27:47,040 --> 00:27:50,168 (chuckles softly) And then there it was. 619 00:27:50,251 --> 00:27:54,798 Magically, right in front of me. 620 00:27:54,881 --> 00:27:57,759 So, I grabbed David's hand, 621 00:27:57,842 --> 00:28:00,845 and we walked over to where they were. 622 00:28:02,514 --> 00:28:06,226 I remember that the aisle 623 00:28:06,309 --> 00:28:10,772 was so very crowded. 624 00:28:10,855 --> 00:28:14,067 People and shopping carts 625 00:28:14,150 --> 00:28:16,778 and winter clothes. 626 00:28:16,861 --> 00:28:18,154 (sniffles) 627 00:28:18,238 --> 00:28:21,241 (crying): It seems so stupid now. 628 00:28:23,660 --> 00:28:25,161 Anyway... 629 00:28:27,205 --> 00:28:28,790 I grabbed the toy, 630 00:28:28,873 --> 00:28:31,126 and then I realized that I... 631 00:28:31,209 --> 00:28:33,670 I didn't want David to see it. 632 00:28:33,753 --> 00:28:35,672 I didn't want him to know 633 00:28:35,755 --> 00:28:40,135 that Mommy was getting him the toy and not Santa. 634 00:28:40,218 --> 00:28:43,805 So I switched hands for a second. 635 00:28:43,888 --> 00:28:45,807 And... 636 00:28:45,890 --> 00:28:48,143 And then I looked down. 637 00:28:53,606 --> 00:28:55,859 He wasn't there. 638 00:28:56,985 --> 00:28:59,863 You can figure out the rest. 639 00:28:59,946 --> 00:29:02,198 It was, like, me, my husband, 640 00:29:02,282 --> 00:29:06,536 the police-- we were all over that mall 641 00:29:06,619 --> 00:29:09,205 until they locked the doors 642 00:29:09,289 --> 00:29:12,292 and made us leave. 643 00:29:15,378 --> 00:29:18,339 (crying): He was just... 644 00:29:19,799 --> 00:29:22,343 ...gone. 645 00:29:23,136 --> 00:29:25,388 BENNY: I'm so sorry. 646 00:29:26,139 --> 00:29:28,558 I was desperate, 647 00:29:28,641 --> 00:29:30,685 so... 648 00:29:30,768 --> 00:29:32,604 I went to the media. 649 00:29:32,687 --> 00:29:34,981 I didn't even know what the media was. 650 00:29:35,064 --> 00:29:37,192 But... 651 00:29:37,275 --> 00:29:40,862 I wanted David's picture 652 00:29:40,945 --> 00:29:44,491 and his name everywhere. 653 00:29:44,574 --> 00:29:49,329 You know, just in case somebody saw him. 654 00:29:50,121 --> 00:29:54,042 And I-I wouldn't let up. 655 00:29:54,125 --> 00:29:56,961 Not even after my husband 656 00:29:57,045 --> 00:29:59,547 stopped speaking to me. 657 00:30:01,299 --> 00:30:03,927 Not even after he left me. 658 00:30:04,010 --> 00:30:05,845 But... 659 00:30:07,055 --> 00:30:08,223 (whimpers, sniffles) 660 00:30:08,306 --> 00:30:12,310 I just couldn't stop. 661 00:30:16,189 --> 00:30:18,399 My son's... 662 00:30:18,483 --> 00:30:22,779 body washed up on the shore of the Patoka Lake 663 00:30:22,862 --> 00:30:24,906 a few weeks later. 664 00:30:24,989 --> 00:30:27,075 And... 665 00:30:27,158 --> 00:30:30,745 I guess everyone figured 666 00:30:30,828 --> 00:30:32,914 that was that. 667 00:30:35,875 --> 00:30:38,586 But not for me. 668 00:30:38,670 --> 00:30:42,465 I went everywhere there was a microphone. 669 00:30:42,549 --> 00:30:45,134 Uh, radio stations. 670 00:30:45,218 --> 00:30:46,469 Colleges. 671 00:30:46,553 --> 00:30:50,557 I just... I kept pushing 672 00:30:50,640 --> 00:30:54,310 because I wanted the scalp 673 00:30:54,394 --> 00:30:58,106 of the man who kidnapped 674 00:30:58,189 --> 00:31:01,276 my son and murdered him. 675 00:31:03,111 --> 00:31:04,904 And then, finally... 676 00:31:07,407 --> 00:31:09,701 I got it. 677 00:31:13,913 --> 00:31:15,707 The police found him. 678 00:31:15,790 --> 00:31:18,459 'Cause, you know, they never dared stop looking 679 00:31:18,543 --> 00:31:22,297 'cause I was screaming from the rooftops. 680 00:31:25,091 --> 00:31:27,885 I got justice. 681 00:31:32,181 --> 00:31:34,642 I speak for the dead. 682 00:31:36,394 --> 00:31:39,522 Like my son. 683 00:31:44,402 --> 00:31:46,821 And like Kaylee. 684 00:31:50,199 --> 00:31:51,784 Told you I knew what I was doing. 685 00:31:51,868 --> 00:31:53,828 That was quite a piece of testimony. 686 00:31:53,911 --> 00:31:55,622 Any of it true? 687 00:31:56,372 --> 00:31:58,833 Yeah, step on in. Close the door? 688 00:32:01,794 --> 00:32:06,090 I'm here to inform you that WNN is withdrawing from the case. 689 00:32:06,174 --> 00:32:07,675 Excuse me? 690 00:32:07,759 --> 00:32:09,510 Also that our lawyers are on the phone with your lawyers 691 00:32:09,594 --> 00:32:10,678 negotiating the dissolution 692 00:32:10,762 --> 00:32:12,013 of your contract with our network. 693 00:32:12,096 --> 00:32:14,390 As of now, you are off the air, Madeline. 694 00:32:14,474 --> 00:32:16,643 What's going on? 695 00:32:16,726 --> 00:32:18,353 The man who killed Kaylee? 696 00:32:18,436 --> 00:32:19,854 They caught him about an hour ago. 697 00:32:19,937 --> 00:32:21,356 Confessed to everything. 698 00:32:21,439 --> 00:32:22,857 What are you talking about? 699 00:32:22,940 --> 00:32:25,318 The man who killed Kaylee was her stepfather. 700 00:32:25,401 --> 00:32:26,986 No, he wasn't. 701 00:32:27,070 --> 00:32:29,739 Look, the word is starting to get out, and people are starting 702 00:32:29,822 --> 00:32:31,074 to gather in front of the courthouse. 703 00:32:31,157 --> 00:32:32,408 They're looking for you. 704 00:32:32,492 --> 00:32:33,576 So I'd arrange for some extra security 705 00:32:33,660 --> 00:32:36,579 to get her out of here? Yeah? 706 00:32:44,796 --> 00:32:46,381 DANNY: The killer was a man named Wayne Dixon. 707 00:32:46,464 --> 00:32:47,715 He was working a construction job 708 00:32:47,799 --> 00:32:49,717 down the street from the Brennan home. 709 00:32:49,801 --> 00:32:53,429 Dixon had apparently targeted Kaylee a few weeks earlier. 710 00:32:53,513 --> 00:32:54,764 He was watching the house 711 00:32:54,847 --> 00:32:56,557 and saw Jeremy ride away on his bike. 712 00:32:56,641 --> 00:32:58,267 Dixon claims he approached the house, 713 00:32:58,351 --> 00:33:00,144 said he was a friend of Kaylee's dad, 714 00:33:00,228 --> 00:33:02,271 and she let him in, 715 00:33:02,355 --> 00:33:05,108 which is why there is no evidence of forced entry. 716 00:33:05,191 --> 00:33:07,527 Is there anything in there 717 00:33:07,610 --> 00:33:09,278 about how the police knew 718 00:33:09,362 --> 00:33:10,780 to question Dixon in the first place? 719 00:33:10,863 --> 00:33:12,699 How did he come to their attention? 720 00:33:12,782 --> 00:33:15,284 Well, according to this, they got a tip. 721 00:33:15,368 --> 00:33:17,912 Dixon's girlfriend. Why? 722 00:33:17,995 --> 00:33:20,039 We're in court at 11:00. 723 00:33:20,123 --> 00:33:22,709 See if you can find the girlfriend. 724 00:33:22,792 --> 00:33:25,044 See if you can get her on the phone with me. 725 00:33:25,128 --> 00:33:27,714 Ms. James, stacked all the boxes downstairs 726 00:33:27,797 --> 00:33:29,048 in that courtroom like you told me. 727 00:33:29,132 --> 00:33:30,925 (exhales) Thanks so much for all your help. 728 00:33:31,008 --> 00:33:32,927 And I almost forgot. The person who helped pack up 729 00:33:33,010 --> 00:33:35,763 your dad's things wanted me to give you this. 730 00:33:35,847 --> 00:33:36,931 Thanks. 731 00:33:37,014 --> 00:33:39,058 Have a great day. 732 00:33:39,767 --> 00:33:42,270 BENNY: Good morning, Ms. Cowley. 733 00:33:42,353 --> 00:33:46,441 Now, could you please tell the court what it was 734 00:33:46,524 --> 00:33:47,734 that prompted you to call the police 735 00:33:47,817 --> 00:33:49,402 on your boyfriend Wayne Dixon? 736 00:33:49,485 --> 00:33:50,945 Uh, yeah, I-I don't know. 737 00:33:51,028 --> 00:33:54,741 Um, Wayne was working construction in Westchester, 738 00:33:54,824 --> 00:33:57,493 and, uh, since he started, 739 00:33:57,577 --> 00:34:00,329 he just seemed different, distant, 740 00:34:00,413 --> 00:34:02,248 you know, like he was preoccupied 741 00:34:02,331 --> 00:34:04,459 with something or-or someone. 742 00:34:04,542 --> 00:34:06,961 And then, a few nights later, 743 00:34:07,044 --> 00:34:10,757 I found him out back, burning his clothes. 744 00:34:10,840 --> 00:34:13,968 I mean, why would you burn your clothes? 745 00:34:14,051 --> 00:34:17,805 He said he got some type of toxic chemical on them at work. 746 00:34:17,889 --> 00:34:21,642 But he does framing and drywall. I-I don't know. 747 00:34:21,726 --> 00:34:23,853 It just... it didn't seem right to me. 748 00:34:23,936 --> 00:34:26,230 Now, is that when you phoned the police? 749 00:34:26,314 --> 00:34:29,108 Uh, no, no, not yet. 750 00:34:29,192 --> 00:34:34,155 Um, what really got me thinking was, all of a sudden, 751 00:34:34,238 --> 00:34:36,741 he wanted to start watching Madeline McBride's show 752 00:34:36,824 --> 00:34:37,742 with me all of a sudden. 753 00:34:37,825 --> 00:34:40,578 Like, he never wanted to watch that show before. 754 00:34:40,661 --> 00:34:43,664 He did not like her. 755 00:34:43,748 --> 00:34:44,832 No offense. 756 00:34:44,916 --> 00:34:47,877 I'm sorry. I-I love you, and I love your show so much. 757 00:34:47,960 --> 00:34:49,629 BULL: Go, 758 00:34:49,712 --> 00:34:51,130 Quasimodo. 759 00:34:49,712 --> 00:34:51,130 Um... 760 00:34:51,214 --> 00:34:53,966 So, anyway, he started watching it with me. 761 00:34:54,050 --> 00:34:56,344 And whenever she'd bring up the case, 762 00:34:56,427 --> 00:34:59,972 he'd always say how he was working in that neighborhood 763 00:35:00,056 --> 00:35:03,684 and he knew the house that she was talking about, and... 764 00:35:03,768 --> 00:35:06,312 BENNY: And did you know your boyfriend was interested 765 00:35:06,395 --> 00:35:08,564 in prepubescent girls? 766 00:35:08,648 --> 00:35:11,234 (voice breaking): I don't know. 767 00:35:12,568 --> 00:35:14,821 We never talked about it. 768 00:35:17,114 --> 00:35:22,119 But... whenever we were at the beach or at the park... 769 00:35:22,203 --> 00:35:23,996 (sniffles) 770 00:35:24,080 --> 00:35:26,582 ...I thought I always saw him looking. 771 00:35:28,584 --> 00:35:31,754 Then I thought maybe it was just in my mind. 772 00:35:32,630 --> 00:35:35,049 And what did you tell the police when you called them? 773 00:35:35,132 --> 00:35:36,884 I knew from her show 774 00:35:36,968 --> 00:35:40,471 that Kaylee had DNA on her that hadn't been identified. 775 00:35:40,555 --> 00:35:44,225 So, I called them, and I offered Wayne's hairbrush. 776 00:35:44,308 --> 00:35:46,727 And how did you know to do that? 777 00:35:46,811 --> 00:35:47,895 From her show. 778 00:35:47,979 --> 00:35:50,773 She talked about how DNA from a hairbrush caught a killer 779 00:35:50,857 --> 00:35:53,776 she was profiling a couple years back. 780 00:35:54,402 --> 00:35:58,906 Well, it's lucky you watched her show. 781 00:35:58,990 --> 00:36:00,491 Did you know that tips 782 00:36:00,575 --> 00:36:03,578 from Ms. McBride's viewers have helped 783 00:36:03,661 --> 00:36:06,372 in solving over one hundred cases 784 00:36:06,455 --> 00:36:08,749 since the show first aired? 785 00:36:08,833 --> 00:36:10,793 No. 786 00:36:10,877 --> 00:36:13,045 I just think she's really smart 787 00:36:13,129 --> 00:36:15,256 and cool. 788 00:36:15,339 --> 00:36:18,718 Just really good at her job. 789 00:36:19,510 --> 00:36:21,637 (quietly): Sanctuary. 790 00:36:22,388 --> 00:36:24,682 (sighs) 791 00:36:37,194 --> 00:36:42,283 "Dear Danny James, you don't know me, but my name is Devon. 792 00:36:42,366 --> 00:36:45,620 "Some years ago, I got to know your father. 793 00:36:45,703 --> 00:36:48,623 "We met and fell in love in New York, 794 00:36:48,706 --> 00:36:51,083 "and eventually, I convinced him 795 00:36:51,167 --> 00:36:55,129 "to come live with me in Louisiana where I'm from. 796 00:36:55,212 --> 00:36:59,634 "I did not know at the time about you or your mother. 797 00:36:59,717 --> 00:37:04,305 "Three months after we settled down in Louisiana, 798 00:37:04,388 --> 00:37:07,767 "your father confessed to me about the family he had left. 799 00:37:07,850 --> 00:37:10,770 "Told me that he could no longer bear the guilt 800 00:37:10,853 --> 00:37:13,481 "and needed to go back to you. 801 00:37:13,564 --> 00:37:17,068 "I did not stand in his way. 802 00:37:17,151 --> 00:37:19,695 "He told me when he got to New York, 803 00:37:19,779 --> 00:37:21,989 "your mother refused to speak to him. 804 00:37:22,073 --> 00:37:24,659 "Warned him that if he tried to make contact with you 805 00:37:24,742 --> 00:37:27,119 "that she would kill him. 806 00:37:29,080 --> 00:37:31,332 "He told me he found a small apartment 807 00:37:31,415 --> 00:37:33,668 "and got a job working teaching physical education 808 00:37:33,751 --> 00:37:35,503 "at an art school. 809 00:37:35,586 --> 00:37:38,673 "Even taught himself to sketch. 810 00:37:38,756 --> 00:37:42,176 "Over the years he tried to build up the courage 811 00:37:42,259 --> 00:37:44,178 "to reach out to you, 812 00:37:44,261 --> 00:37:46,681 "but he told me he was so filled with guilt 813 00:37:46,764 --> 00:37:49,183 "and shame for leaving you, 814 00:37:49,266 --> 00:37:50,893 "he just couldn't do it. 815 00:37:50,977 --> 00:37:55,690 "And then one day, he was looking out his window, 816 00:37:55,773 --> 00:37:57,191 "and there you were. 817 00:37:57,274 --> 00:37:58,359 "Walking by. 818 00:37:58,442 --> 00:37:59,902 "He figured you were probably making your way home 819 00:37:59,986 --> 00:38:01,737 "from the police academy. 820 00:38:01,821 --> 00:38:05,658 "He said he saw you maybe ten or 20 times from that window, 821 00:38:05,741 --> 00:38:07,493 "but then, no more. 822 00:38:08,577 --> 00:38:11,539 "I didn't hear from your father again for many years. 823 00:38:11,622 --> 00:38:14,834 "And then about three weeks ago, he called 824 00:38:14,917 --> 00:38:17,211 "to tell me he was very sick. 825 00:38:17,294 --> 00:38:20,047 "I flew to New York, but by the time 826 00:38:20,131 --> 00:38:22,091 "I got there he was already in the hospital. 827 00:38:22,174 --> 00:38:27,221 So I'm writing to let you know what he told me. 828 00:38:27,304 --> 00:38:30,933 "That he wanted you to know he was terribly sorry. 829 00:38:31,809 --> 00:38:33,728 "And he wanted you to know 830 00:38:33,811 --> 00:38:36,063 he loved you." 831 00:38:43,988 --> 00:38:45,906 (sniffles) 832 00:38:45,990 --> 00:38:49,744 BENNY: Jeremy Brennan's suicide is 833 00:38:49,827 --> 00:38:52,246 undeniably tragic. 834 00:38:52,329 --> 00:38:55,207 And no one will ever know with certainty 835 00:38:55,291 --> 00:38:58,210 why he decided to take his own life. 836 00:38:59,545 --> 00:39:02,381 But you know what we do know with certainty? 837 00:39:02,840 --> 00:39:05,593 That Kaylee's killer was caught. 838 00:39:05,676 --> 00:39:08,596 And that's, at least in part, due 839 00:39:08,679 --> 00:39:10,765 to Madeline McBride... 840 00:39:10,848 --> 00:39:14,060 for keeping Kaylee's story alive. 841 00:39:14,977 --> 00:39:18,272 But she was only able to do it 842 00:39:18,355 --> 00:39:22,109 because her freedom of speech allowed her to do it. 843 00:39:22,193 --> 00:39:24,737 See, that's the tricky thing about freedom of speech. 844 00:39:24,820 --> 00:39:26,572 It-it cuts both ways. 845 00:39:26,655 --> 00:39:29,450 See, people have the freedom 846 00:39:29,533 --> 00:39:32,787 to say whatever it is they want to say. 847 00:39:32,870 --> 00:39:35,664 And everyone else has the freedom, uh, 848 00:39:35,748 --> 00:39:38,292 not to listen, not to believe 849 00:39:38,375 --> 00:39:40,127 and to do their own research 850 00:39:40,211 --> 00:39:42,463 and come up with their own conclusions. 851 00:39:42,546 --> 00:39:44,632 I mean, that's what Carla Cowley did. 852 00:39:44,715 --> 00:39:46,133 You heard her. 853 00:39:46,217 --> 00:39:48,177 She loved that woman. 854 00:39:48,260 --> 00:39:50,638 But she did not let the fact 855 00:39:50,721 --> 00:39:52,973 that for over a month, she heard 856 00:39:53,057 --> 00:39:56,477 Madeline McBride, who thought that Jeremy Brennan 857 00:39:56,560 --> 00:39:57,937 probably committed the murder, 858 00:39:58,020 --> 00:39:59,855 stop her from picking up the phone 859 00:39:59,939 --> 00:40:02,483 and calling the police when she was convinced 860 00:40:02,566 --> 00:40:05,152 my client was mistaken. 861 00:40:05,236 --> 00:40:07,029 Look, I... 862 00:40:07,113 --> 00:40:08,823 I get it. 863 00:40:08,906 --> 00:40:11,117 Okay? I get it. She was... 864 00:40:11,200 --> 00:40:12,493 she was wrong. 865 00:40:12,576 --> 00:40:13,828 Wrong on the facts. 866 00:40:13,911 --> 00:40:15,621 Unnecessarily harsh. 867 00:40:15,704 --> 00:40:17,665 And there were times I felt that she took 868 00:40:17,748 --> 00:40:19,792 way too much pleasure 869 00:40:19,875 --> 00:40:23,170 in her ongoing campaign against Jeremy Brennan. 870 00:40:24,380 --> 00:40:25,881 But you know what? 871 00:40:25,965 --> 00:40:29,176 That is not against the law. 872 00:40:29,260 --> 00:40:31,679 And the problem is... 873 00:40:31,762 --> 00:40:33,806 if you don't stand up 874 00:40:33,889 --> 00:40:36,851 for the people you don't necessarily agree with 875 00:40:36,934 --> 00:40:38,978 when someone is trying to silence them, 876 00:40:39,061 --> 00:40:42,648 then there might not be the right to free speech left 877 00:40:42,731 --> 00:40:46,318 when they go after the people you do agree with. 878 00:40:46,402 --> 00:40:49,488 WOMAN: In the matter of Tracy Brennan v. 879 00:40:49,572 --> 00:40:51,365 Madeline McBride and the claim 880 00:40:51,448 --> 00:40:53,993 of intentional infliction of emotional distress... 881 00:40:54,076 --> 00:40:56,912 we, the jury, find Madeline McBride 882 00:40:56,996 --> 00:40:58,706 liable. 883 00:40:56,996 --> 00:40:58,706 (Tracy gasping) 884 00:41:00,791 --> 00:41:03,085 And we award Tracy Brennan damages 885 00:41:03,169 --> 00:41:06,297 in the amount of two and one half million dollars. 886 00:41:07,965 --> 00:41:09,550 SULLIVAN: Ladies and gentlemen of the jury, 887 00:41:09,633 --> 00:41:11,385 thank you for your service. 888 00:41:11,469 --> 00:41:13,971 Court is adjourned. 889 00:41:16,974 --> 00:41:19,894 Ms. McBride. I'm very sorry. 890 00:41:19,977 --> 00:41:22,897 Don't be, you did your best. 891 00:41:25,649 --> 00:41:27,193 But you lost your job. 892 00:41:27,276 --> 00:41:29,069 You're about to get a boatload of bad publicity. 893 00:41:29,153 --> 00:41:31,614 And today is gonna cost you two and a half million dollars. 894 00:41:31,697 --> 00:41:33,741 Help me understand. 895 00:41:33,824 --> 00:41:35,826 You seem to have made your peace 896 00:41:35,910 --> 00:41:38,078 with this rather quickly. 897 00:41:38,162 --> 00:41:40,289 Well, two and a half million? 898 00:41:40,372 --> 00:41:43,751 That's why God created personal liability insurance. 899 00:41:43,834 --> 00:41:47,213 And the boatload of publicity? 900 00:41:47,296 --> 00:41:49,089 I love it. 901 00:41:49,173 --> 00:41:50,633 Good or bad, 902 00:41:50,716 --> 00:41:52,426 it keeps me in the zeitgeist. 903 00:41:52,509 --> 00:41:55,095 And it will come in handy 904 00:41:55,179 --> 00:41:57,806 when I sit down to cut my new deal. 905 00:41:57,890 --> 00:42:00,351 A new deal? 906 00:42:02,853 --> 00:42:05,105 See, people like me? 907 00:42:05,189 --> 00:42:07,399 People who have the courage to say 908 00:42:07,483 --> 00:42:10,778 what everyone else is thinking even if we're wrong? 909 00:42:10,861 --> 00:42:14,448 We always draw a big crowd. 910 00:42:14,531 --> 00:42:16,659 (laughs) And trust me, 911 00:42:16,742 --> 00:42:19,036 after today... 912 00:42:19,119 --> 00:42:21,497 the crowd will only be bigger, huh? 913 00:42:21,580 --> 00:42:23,999 Thank you, gentlemen. 914 00:42:24,083 --> 00:42:25,501 Don't forget to send me your bill.