1 00:00:11,467 --> 00:00:14,383 ANNOUNCER: This isJustice in America. 2 00:00:14,426 --> 00:00:16,385 And I'm Madeline McBride. 3 00:00:16,428 --> 00:00:19,692 It has been 73 days since the murder 4 00:00:19,736 --> 00:00:21,433 of 11-year-old Kaylee Nagle. 5 00:00:21,477 --> 00:00:25,046 Kaylee was found sexually assaulted and stabbed to death 6 00:00:25,089 --> 00:00:27,048 in her Westchester, New York home. 7 00:00:27,091 --> 00:00:29,572 And while the police have yet to make an arrest, 8 00:00:29,615 --> 00:00:32,009 there is one suspect from whom 9 00:00:32,053 --> 00:00:33,445 we never hear. 10 00:00:33,489 --> 00:00:35,708 I'm talking about Kaylee's stepfather, 11 00:00:35,752 --> 00:00:37,710 Jeremy Brennan. 12 00:00:37,754 --> 00:00:40,104 According to Jeremy's statement to the police, 13 00:00:40,148 --> 00:00:41,975 he picked up Kaylee after school 14 00:00:42,019 --> 00:00:43,977 at soccer practice and returned home. 15 00:00:44,021 --> 00:00:46,371 And while Kaylee's mother was at work, 16 00:00:46,415 --> 00:00:49,331 Jeremy claims he went on a bike ride 17 00:00:49,374 --> 00:00:52,377 and returned less than an hour later to find 18 00:00:52,421 --> 00:00:55,685 his stepdaughter dead on the kitchen floor, 19 00:00:55,728 --> 00:00:58,209 her soccer jersey ripped open, 20 00:00:58,253 --> 00:01:01,386 her shorts pulled down to her ankles, 21 00:01:01,430 --> 00:01:03,040 and a kitchen knife 22 00:01:03,084 --> 00:01:05,347 buried in her chest. 23 00:01:06,435 --> 00:01:09,264 Well, apparently, the police are running out of ways 24 00:01:09,307 --> 00:01:11,918 to get this man to talk, and that is why 25 00:01:11,962 --> 00:01:15,792 I am asking you, for the 22nd night in a row, 26 00:01:15,835 --> 00:01:20,579 to let Jeremy Brennan know that youneed to hear from him. 27 00:01:20,623 --> 00:01:22,581 Youwant answers. 28 00:01:22,625 --> 00:01:24,844 And he can't hide! 29 00:01:24,888 --> 00:01:26,368 Let's keep up the pressure. 30 00:01:26,411 --> 00:01:28,935 Let's bombard this man with our tweets. 31 00:01:28,979 --> 00:01:30,807 Let's demand that he come forward 32 00:01:30,850 --> 00:01:33,592 and answer some questions. 33 00:01:33,636 --> 00:01:36,508 @JeremyBrennanRealty. 34 00:01:36,552 --> 00:01:41,122 ♪StopHidingJeremy. 35 00:01:43,602 --> 00:01:45,430 Dr. Bull, Mr. Colón. 36 00:01:45,474 --> 00:01:47,171 I appreciate you braving the pandemic 37 00:01:47,215 --> 00:01:48,390 to meet me this morning. 38 00:01:48,433 --> 00:01:49,695 For the record, I get tested every day. 39 00:01:49,739 --> 00:01:51,132 The room is disinfected every night. 40 00:01:51,175 --> 00:01:52,611 So feel free to leave your masks on 41 00:01:52,655 --> 00:01:54,831 or take them off as you see fit. 42 00:01:54,874 --> 00:01:56,789 You gentlemen know why you're here? 43 00:01:56,833 --> 00:01:58,704 I'm guessing it's because 44 00:01:58,748 --> 00:02:00,532 you have a Madeline McBride problem. 45 00:02:00,576 --> 00:02:02,969 She's being sued by that family of the little girl 46 00:02:03,013 --> 00:02:05,146 who was murdered. And they want her 47 00:02:05,189 --> 00:02:08,584 to stop encouraging her viewers to harass the stepfather 48 00:02:08,627 --> 00:02:10,412 on social media. 49 00:02:10,455 --> 00:02:13,066 Please. 50 00:02:13,110 --> 00:02:16,200 Well, you know... this Madeline McBride issue. 51 00:02:16,244 --> 00:02:18,811 She's picking a fight with someone who, 52 00:02:18,855 --> 00:02:20,422 who might be the guilty party, but also someone 53 00:02:20,465 --> 00:02:22,815 who could certainly be perceived as the victim, 54 00:02:22,859 --> 00:02:24,339 in that his stepdaughter was 55 00:02:24,382 --> 00:02:26,210 the person who died. 56 00:02:26,254 --> 00:02:28,038 Can't pay them off-- they don't want money. 57 00:02:28,081 --> 00:02:30,083 Can't ask Madeline to stop what she's doing 58 00:02:30,127 --> 00:02:32,347 without doing irreparable harm to her brand, 59 00:02:32,390 --> 00:02:34,044 which, as you know, is 60 00:02:34,087 --> 00:02:35,741 the tough-talking, acerbic, 61 00:02:35,785 --> 00:02:37,743 defender of those denied justice. 62 00:02:37,787 --> 00:02:39,310 Yada, yada, yada. Long story short, 63 00:02:39,354 --> 00:02:41,878 we're going to court, whether we want to or not. 64 00:02:41,921 --> 00:02:43,488 BENNY: So you think the jury 65 00:02:43,532 --> 00:02:46,361 just might side with the family of the dead girl? 66 00:02:46,404 --> 00:02:48,537 [sighs] Our whole business is based 67 00:02:48,580 --> 00:02:50,234 on the assumption that the First Amendment gives 68 00:02:50,278 --> 00:02:52,584 our air personalities the right to express themselves 69 00:02:52,628 --> 00:02:54,238 without fear of retribution. 70 00:02:54,282 --> 00:02:55,892 And I don't want to give the courts or a jury 71 00:02:55,935 --> 00:02:57,981 any reason to second-guess that. 72 00:02:58,024 --> 00:03:00,549 I'd just love to shut this down sooner rather than later. 73 00:03:00,592 --> 00:03:04,030 If you two were inclined to lead the fight for us... 74 00:03:04,074 --> 00:03:06,598 I'd certainly make it worth your while. 75 00:03:06,642 --> 00:03:08,252 You ever watch that lady's show? 76 00:03:08,296 --> 00:03:10,602 I have caught a little of it here and there. 77 00:03:10,646 --> 00:03:13,170 It's hard to believe that's what the founding fathers 78 00:03:13,214 --> 00:03:16,217 had in mind when they were cooking up the Constitution. 79 00:03:17,522 --> 00:03:19,916 Are you trying to tell me you'd rather not be involved? 80 00:03:19,959 --> 00:03:22,962 Madeline McBride is part of this culture of evisceration 81 00:03:23,006 --> 00:03:25,791 that takes over cable television every night. 82 00:03:25,835 --> 00:03:28,794 Whether it's politics or celebrity stalking 83 00:03:28,838 --> 00:03:31,188 or true crime, it's just... 84 00:03:31,232 --> 00:03:32,407 it's just mean, man. 85 00:03:32,450 --> 00:03:34,060 Well, it might be mean, but Madeline McBride 86 00:03:34,104 --> 00:03:37,325 and WNN are on the right side of this thing legally. 87 00:03:37,368 --> 00:03:38,543 It's the First Amendment. 88 00:03:38,587 --> 00:03:40,806 And the problem is... 89 00:03:40,850 --> 00:03:42,591 if you don't stand up for the people you don't agree with 90 00:03:42,634 --> 00:03:44,854 when they're being silenced, there might not be 91 00:03:44,897 --> 00:03:47,117 a right to free speech when they come after 92 00:03:47,160 --> 00:03:49,162 the people that you doagree with. 93 00:03:49,206 --> 00:03:51,861 Right? No less a figure than George Washington said, 94 00:03:51,904 --> 00:03:54,907 "If freedom of speech is taken away, then dumb and silent 95 00:03:54,951 --> 00:03:57,649 we may be led like sheep to the slaughter." 96 00:03:59,303 --> 00:04:01,610 BENNY: Your Honor, the law of the state of New York 97 00:04:01,653 --> 00:04:04,743 is very clear-- an injunction can only be granted 98 00:04:04,787 --> 00:04:06,876 if there's proof that the party in question 99 00:04:06,919 --> 00:04:09,139 is doing irreparable harm. 100 00:04:09,182 --> 00:04:11,794 Counsel is correct on that point. 101 00:04:11,837 --> 00:04:14,318 Is your client suffering irreparable harm? 102 00:04:14,362 --> 00:04:16,451 Without question, Your Honor. 103 00:04:16,494 --> 00:04:20,150 Jeremy Brennan is suffering indescribable mental anguish 104 00:04:20,193 --> 00:04:23,414 because of Madeline McBride's relentless 105 00:04:23,458 --> 00:04:25,808 and very public attacks. 106 00:04:25,851 --> 00:04:28,637 To be clear, she's accusing 107 00:04:28,680 --> 00:04:31,553 my client of the murder of his stepdaughter 108 00:04:31,596 --> 00:04:34,338 on national television, virtually every night 109 00:04:34,382 --> 00:04:35,905 for over a month now. 110 00:04:35,948 --> 00:04:38,734 All this while he and his wife 111 00:04:38,777 --> 00:04:41,780 are dealing with the anguish of having lost 112 00:04:41,824 --> 00:04:43,826 their only child in... 113 00:04:43,869 --> 00:04:46,481 as gruesome and savage 114 00:04:46,524 --> 00:04:48,657 a rape and murder 115 00:04:48,700 --> 00:04:50,615 as I can ever recall. 116 00:04:50,659 --> 00:04:52,791 She is using her bully pulpit 117 00:04:52,835 --> 00:04:55,446 to urge her viewers 118 00:04:55,490 --> 00:04:57,796 to call him out via social media. 119 00:04:57,840 --> 00:05:00,016 My client receives over a thousand 120 00:05:00,059 --> 00:05:02,801 tweets a day-- all of them hostile, 121 00:05:02,845 --> 00:05:05,674 many of them threatening-- and all of them mention 122 00:05:05,717 --> 00:05:08,329 Ms. McBride and her program by name. 123 00:05:08,372 --> 00:05:11,244 Furthermore, Mr. Brennan is a real estate agent. 124 00:05:11,288 --> 00:05:15,205 His name... is an integral part of his business. 125 00:05:15,248 --> 00:05:18,817 Bus benches with his name and photo 126 00:05:18,861 --> 00:05:21,472 are being defaced with the words "pedophile" 127 00:05:21,516 --> 00:05:23,082 and "killer." 128 00:05:23,126 --> 00:05:25,650 Mr. Brennan can't even go out in public anymore. 129 00:05:25,694 --> 00:05:27,739 And let's start with the fact 130 00:05:27,783 --> 00:05:29,872 that my client has never 131 00:05:29,915 --> 00:05:32,353 been arrested or charged 132 00:05:32,396 --> 00:05:34,920 with any crime. None. 133 00:05:34,964 --> 00:05:37,096 Furthermore, there is clear evidence 134 00:05:37,140 --> 00:05:39,708 that someone else is the killer. 135 00:05:39,751 --> 00:05:43,494 There was unidentified DNA and skin cells 136 00:05:43,538 --> 00:05:46,105 present under Kaylee's fingernails. 137 00:05:46,149 --> 00:05:49,500 Something Ms. McBride doesn't even mention on her show. 138 00:05:49,544 --> 00:05:52,634 BENNY:Your Honor, the DNA found underneath the victim's 139 00:05:52,677 --> 00:05:55,854 fingernails could come from anyone, anywhere. 140 00:05:55,898 --> 00:05:57,813 Possibly even... 141 00:05:57,856 --> 00:06:00,032 one of her friends on the soccer field. 142 00:06:00,076 --> 00:06:02,034 And isn't this ultimately 143 00:06:02,078 --> 00:06:03,949 about the First Amendment? 144 00:06:03,993 --> 00:06:07,213 No less a figure than George Washington declared, 145 00:06:07,257 --> 00:06:10,086 "If freedom of speech is taken away, 146 00:06:10,129 --> 00:06:12,436 "then dumb and silent, 147 00:06:12,480 --> 00:06:16,092 we may be led like sheep to the slaughter." 148 00:06:16,135 --> 00:06:18,399 GODFORD: Mr. Colón knows good and well 149 00:06:18,442 --> 00:06:20,357 that not all speech 150 00:06:20,401 --> 00:06:22,098 is protected by the First Amendment. 151 00:06:22,141 --> 00:06:25,275 The Supreme Court has been very clear on that. 152 00:06:25,318 --> 00:06:27,233 There's a reason you can't yell fire 153 00:06:27,277 --> 00:06:28,844 in a crowded theater. 154 00:06:28,887 --> 00:06:32,413 Respectfully, Your Honor, you can if there's smoke. 155 00:06:33,718 --> 00:06:36,373 Personally, going forward, I would encourage 156 00:06:36,417 --> 00:06:38,636 Ms. McBride to show a degree of sensitivity 157 00:06:38,680 --> 00:06:41,987 to Mr. Brennan, who, as Mr. Godford points out, 158 00:06:42,031 --> 00:06:46,383 has not even been charged with a crime at this point. 159 00:06:46,427 --> 00:06:48,429 However, I am bound by the State of New York 160 00:06:48,472 --> 00:06:51,083 as well as the United States' Constitution. 161 00:06:51,127 --> 00:06:54,260 Madeline McBride has a guaranteed First Amendment right 162 00:06:54,304 --> 00:06:55,958 to state her opinion. 163 00:06:56,001 --> 00:06:59,396 Therefore, I am denying the request for an injunction. 164 00:06:59,440 --> 00:07:01,572 Court dismissed. 165 00:07:07,926 --> 00:07:09,754 Nice job, gentlemen. 166 00:07:09,798 --> 00:07:12,104 Uh... I told you we were in good hands. 167 00:07:12,148 --> 00:07:15,020 That George Washington quote was very moving. 168 00:07:15,064 --> 00:07:17,675 We barely said hello, but I'm very grateful 169 00:07:17,719 --> 00:07:19,938 for what you did here today. 170 00:07:19,982 --> 00:07:21,984 And... 171 00:07:22,027 --> 00:07:24,726 I know that Kaylee is, too. 172 00:07:28,991 --> 00:07:30,993 [elevator bell chimes] 173 00:07:35,867 --> 00:07:37,303 Hi, hi, sorry! 174 00:07:37,347 --> 00:07:38,740 Forgive me for ambushing you. 175 00:07:38,783 --> 00:07:40,263 It's just that your place was locked, but then... 176 00:07:40,306 --> 00:07:42,134 the guard downstairs recognized me 177 00:07:42,178 --> 00:07:44,485 and he said that I could wait here for you, 178 00:07:44,528 --> 00:07:45,877 so... 179 00:07:45,921 --> 00:07:48,489 What can I do for you, Ms. McBride? 180 00:07:48,532 --> 00:07:51,056 [sighs] 181 00:07:51,100 --> 00:07:53,537 I got a phone call about an hour ago. 182 00:07:53,581 --> 00:07:57,323 Jeremy Brennan, Kaylee Nagle's stepfather, 183 00:07:57,367 --> 00:07:59,412 he... 184 00:08:00,283 --> 00:08:03,504 ...he killed himself last night. 185 00:08:10,598 --> 00:08:12,643 ♪ 186 00:08:18,823 --> 00:08:21,043 [phone ringing, buzzing] 187 00:08:26,265 --> 00:08:27,702 Hello? 188 00:08:28,877 --> 00:08:31,009 Yes, this is she. 189 00:08:31,053 --> 00:08:34,143 Sorry, what hospital is this? 190 00:08:35,492 --> 00:08:37,233 Oh, no, no, there must be some mistake. 191 00:08:37,276 --> 00:08:39,975 You're, like, three blocks away from me. 192 00:08:40,018 --> 00:08:42,107 My father lives in Louisiana. 193 00:08:42,151 --> 00:08:44,414 Has for the last 15 years. 194 00:08:46,851 --> 00:08:48,592 Wait, he what? 195 00:08:48,636 --> 00:08:50,376 Tonight? 196 00:08:50,420 --> 00:08:53,379 Day 42-- no response 197 00:08:53,423 --> 00:08:55,425 from Jeremy Brennan or his attorneys 198 00:08:55,468 --> 00:08:58,384 regarding his availability or willingness 199 00:08:58,428 --> 00:08:59,951 to appear on this show. 200 00:08:59,995 --> 00:09:02,345 No response from Westchester PD 201 00:09:02,388 --> 00:09:04,652 as to what their plans are moving forward 202 00:09:04,695 --> 00:09:06,610 in regards to the Kaylee Nagle case. 203 00:09:06,654 --> 00:09:08,525 No response from the mayor. 204 00:09:08,569 --> 00:09:11,006 No response from the county supervisor. 205 00:09:11,049 --> 00:09:14,879 And that is why I've applied for a permit 206 00:09:14,923 --> 00:09:16,707 for an organized rally across the street 207 00:09:16,751 --> 00:09:18,056 from the Brennan home. 208 00:09:18,100 --> 00:09:21,320 The scene of Kaylee's death. 209 00:09:21,364 --> 00:09:22,974 And if you live in the tri-state area, 210 00:09:23,018 --> 00:09:25,281 I do hope that you will come down and join me 211 00:09:25,324 --> 00:09:28,676 as we let the world know that we have some questions. 212 00:09:28,719 --> 00:09:30,982 And we want some answers! 213 00:09:31,026 --> 00:09:32,941 Our client concluded her broadcast, 214 00:09:32,984 --> 00:09:35,247 this broadcast, at 9:59. 215 00:09:35,291 --> 00:09:38,903 According to the Brennan cable box, the program was viewed 216 00:09:38,947 --> 00:09:40,949 in both the bedroom and the family room. 217 00:09:40,992 --> 00:09:44,605 Jeremy's widow tells us she watched it alone 218 00:09:44,648 --> 00:09:46,345 and fell asleep shortly thereafter. 219 00:09:46,389 --> 00:09:49,044 Apparently her late husband never made it upstairs to bed. 220 00:09:49,087 --> 00:09:52,047 Sometime between 2:00 and 3:00 a.m., 221 00:09:52,090 --> 00:09:54,353 he entered the garage, climbed into his car, 222 00:09:54,397 --> 00:09:56,399 started the engine... 223 00:09:56,442 --> 00:09:58,270 but never opened the garage door. 224 00:09:58,314 --> 00:10:00,577 Just sat in the front seat and waited for the carbon monoxide 225 00:10:00,621 --> 00:10:03,754 to do its job-- no texts, no note, no nothing. 226 00:10:03,798 --> 00:10:06,714 BULL: Let's talk law-- the other side is gonna have 227 00:10:06,757 --> 00:10:09,847 to prove Jeremy Brennan's suicide was uniquely 228 00:10:09,891 --> 00:10:13,155 a result of Madeline McBride's on-air provocations. 229 00:10:13,198 --> 00:10:15,374 And as disturbing as what we just saw was, 230 00:10:15,418 --> 00:10:18,943 that's gonna be a very, very difficult thing to prove. 231 00:10:18,987 --> 00:10:22,077 And yet, the six people sitting in judgment of all this 232 00:10:22,120 --> 00:10:24,079 may have a hard time separating what Madeline did 233 00:10:24,122 --> 00:10:27,169 from who Madeline is, or who she appears to be. 234 00:10:27,212 --> 00:10:29,084 Taylor, you have those Q scores? 235 00:10:29,127 --> 00:10:30,302 "Q score"? 236 00:10:30,346 --> 00:10:33,175 They measure the likeabilityand familiarity 237 00:10:33,218 --> 00:10:34,437 of a celebrity. 238 00:10:34,480 --> 00:10:36,265 Madeline McBride has an extraordinarily 239 00:10:36,308 --> 00:10:37,701 high Q score, actually. 240 00:10:37,745 --> 00:10:39,877 Over 80% of adults who are between the ages 241 00:10:39,921 --> 00:10:41,879 of 18 and 49 know who she is. 242 00:10:41,923 --> 00:10:44,099 Additionally, two out of three of those 80% 243 00:10:44,142 --> 00:10:46,579 admit to watching her at least three times a month. 244 00:10:46,623 --> 00:10:48,756 Okay. She's popular. We knew that. 245 00:10:48,799 --> 00:10:50,235 Here's the fascinating part. 246 00:10:50,279 --> 00:10:52,716 Two-thirds of that subsetthat says they watch her, 247 00:10:52,760 --> 00:10:54,675 admit they don't like her. 248 00:10:54,718 --> 00:10:57,721 They find her shrill,hysterical, judgmental, unfair. 249 00:10:57,765 --> 00:11:00,811 Most repeated comment:"She's not a nice person." 250 00:11:00,855 --> 00:11:02,987 BULL:And therein lies the problem. 251 00:11:03,031 --> 00:11:05,860 That is our potential jury pool,which is why 252 00:11:05,903 --> 00:11:07,644 we have to make sure this case doesn't devolve 253 00:11:07,688 --> 00:11:09,864 into a referendum on our client's personality. 254 00:11:09,907 --> 00:11:12,736 Now, the other side's gonna have their hands full 255 00:11:12,780 --> 00:11:14,738 trying to prove causation, which I'm fairly sure 256 00:11:14,782 --> 00:11:17,306 we will be able to defend against, but... 257 00:11:17,349 --> 00:11:20,570 if this case becomes about what that jury thinks 258 00:11:20,613 --> 00:11:25,880 about McBride's behavior as a TV personality, we will lose. 259 00:11:25,923 --> 00:11:27,795 We can't play defense and win. 260 00:11:27,838 --> 00:11:30,754 We have to make sure this jury understands 261 00:11:30,798 --> 00:11:35,237 this is much bigger than a cable news TV show. 262 00:11:35,280 --> 00:11:38,544 [melancholy, orchestral movie music plays, bell tolls] 263 00:11:44,028 --> 00:11:45,813 [knocking] 264 00:11:45,856 --> 00:11:48,554 This better be important. 265 00:11:51,557 --> 00:11:54,517 What can I do for you? 266 00:11:54,560 --> 00:11:58,216 Any progress in the Madeline McBride of it all? 267 00:11:58,260 --> 00:11:59,870 Still in the midst. 268 00:11:59,914 --> 00:12:04,179 Actually, I had a startling revelation a little while ago. 269 00:12:04,222 --> 00:12:05,833 Our client... 270 00:12:05,876 --> 00:12:08,487 is the Hunchback of Notre Dame. 271 00:12:08,531 --> 00:12:10,141 People see her-- 272 00:12:10,185 --> 00:12:13,362 they're appalled, but they're also fascinated. 273 00:12:13,405 --> 00:12:15,364 Same way they feel about the Hunchback. 274 00:12:15,407 --> 00:12:16,844 They can't look away. 275 00:12:16,887 --> 00:12:19,977 So, what the novel does,what the movie does 276 00:12:20,021 --> 00:12:22,153 is it humanizes this person 277 00:12:22,197 --> 00:12:24,373 that people find so frightening, so terrifying. 278 00:12:24,416 --> 00:12:26,636 It makes them care about him. 279 00:12:26,679 --> 00:12:29,813 That's what we need to do with Madeline. 280 00:12:29,857 --> 00:12:31,902 Any idea how? 281 00:12:31,946 --> 00:12:33,208 Not a clue. 282 00:12:33,251 --> 00:12:35,036 Something will come to me. 283 00:12:35,079 --> 00:12:37,865 But I suspect that is not why you came to my office. 284 00:12:37,908 --> 00:12:39,257 Actually, I was hoping 285 00:12:39,301 --> 00:12:42,173 to get a couple of minutes with the other Dr. Bull. 286 00:12:42,217 --> 00:12:44,262 The psychologist. 287 00:12:48,049 --> 00:12:50,225 [sighs] 288 00:12:50,268 --> 00:12:52,793 What's going on? 289 00:12:52,836 --> 00:12:55,186 My father passed away last night. 290 00:12:55,230 --> 00:12:57,232 COVID. 291 00:12:57,275 --> 00:12:59,756 I'm so sorry.No, it's fine. 292 00:12:59,800 --> 00:13:01,584 I'm fine. 293 00:13:01,627 --> 00:13:03,716 Didn't even know he was sick. 294 00:13:06,719 --> 00:13:10,767 Haven't seen or spoken with him in almost 15 years. 295 00:13:10,811 --> 00:13:12,508 I thought he was 296 00:13:12,551 --> 00:13:14,205 in New Orleans this whole time. 297 00:13:14,249 --> 00:13:17,600 Turns out he was living four subway stops away from me. 298 00:13:17,643 --> 00:13:21,082 Is that what you wanted to talk to me about? 299 00:13:21,125 --> 00:13:23,258 No. No. 300 00:13:23,301 --> 00:13:25,956 Um, I wanted to talk about me. 301 00:13:28,524 --> 00:13:31,701 So, I got the call at 3:00 in the morning. 302 00:13:31,744 --> 00:13:35,009 Hung up, went straight to sleep. 303 00:13:35,052 --> 00:13:36,880 Didn't cry. 304 00:13:36,924 --> 00:13:38,664 Just slept. 305 00:13:38,708 --> 00:13:41,580 Then I got up, came to work. 306 00:13:41,624 --> 00:13:43,974 Still haven't cried. 307 00:13:47,238 --> 00:13:49,023 Is that crazy? 308 00:13:49,066 --> 00:13:51,286 Well, there's a lot I don't know, 309 00:13:51,329 --> 00:13:53,375 but my suspicion is... 310 00:13:53,418 --> 00:13:57,074 you're not reacting yet to what happened. 311 00:13:57,118 --> 00:14:00,599 And there's two reasons. One, you're in shock. 312 00:14:00,643 --> 00:14:04,908 And two, your father already left you 15 years ago. 313 00:14:04,952 --> 00:14:08,259 So, I suspect you've been mourning him 314 00:14:08,303 --> 00:14:10,958 on and off for years. 315 00:14:14,352 --> 00:14:16,572 That makes sense. 316 00:14:17,573 --> 00:14:19,836 Thank you, Dr. Bull. 317 00:14:23,448 --> 00:14:25,929 Danny? 318 00:14:26,756 --> 00:14:29,759 Sooner or later, you will cry. 319 00:14:32,196 --> 00:14:34,329 I don't know. 320 00:14:34,372 --> 00:14:36,853 He is my father. 321 00:14:36,897 --> 00:14:40,770 And it's not like I don't have any good memories. 322 00:14:42,554 --> 00:14:44,861 But in a lot of ways, he was a really bad guy. 323 00:14:44,905 --> 00:14:47,690 I'm just telling you, it could be tomorrow, 324 00:14:47,733 --> 00:14:49,431 could be years from now. 325 00:14:49,474 --> 00:14:51,433 You'll be walking down the street, 326 00:14:51,476 --> 00:14:54,392 and suddenly, it hits you. 327 00:14:56,003 --> 00:14:58,135 I just want you to know it's coming. 328 00:14:58,179 --> 00:14:59,876 Okay. 329 00:14:59,920 --> 00:15:02,487 I've been warned. 330 00:15:07,144 --> 00:15:09,364 GODFORD: And when did 331 00:15:09,407 --> 00:15:12,367 the two of you become aware that Madeline McBride 332 00:15:12,410 --> 00:15:14,195 was implicating your husband 333 00:15:14,238 --> 00:15:17,720 in the death of your child on national television? 334 00:15:17,763 --> 00:15:20,810 Were you regular viewers of her program? 335 00:15:20,853 --> 00:15:23,900 No, I had never seen it before, I'd-I'd never heard of her. 336 00:15:23,944 --> 00:15:28,035 Um, I'm guessing the first time she mentioned it, 337 00:15:28,078 --> 00:15:31,038 it was a Friday night, because I remember 338 00:15:31,081 --> 00:15:34,955 it was a Saturday morning when we first got the tweets. 339 00:15:34,998 --> 00:15:37,348 Um, my husband 340 00:15:37,392 --> 00:15:39,394 had his own Twitter account for, 341 00:15:39,437 --> 00:15:41,396 uh, for his work. 342 00:15:41,439 --> 00:15:45,226 And he woke me up to show me the... 343 00:15:45,269 --> 00:15:46,662 ugliest messages. 344 00:15:46,705 --> 00:15:49,839 Um, and as I said, it was a Saturday morning, 345 00:15:49,882 --> 00:15:51,623 which are always the hardest, 346 00:15:51,667 --> 00:15:54,017 because Saturdays were Kaylee's days. 347 00:15:54,061 --> 00:15:58,282 It was soccer and sleepovers, and then... 348 00:15:58,326 --> 00:16:01,068 there were just these long days 349 00:16:01,111 --> 00:16:04,288 that we had to fill by ourselves. 350 00:16:04,332 --> 00:16:08,162 GODFORD: And how did your life change 351 00:16:08,205 --> 00:16:10,991 as Madeline McBride began 352 00:16:11,034 --> 00:16:14,385 her nightly campaign against your husband? 353 00:16:14,429 --> 00:16:16,997 After she insinuated on national television 354 00:16:17,040 --> 00:16:21,871 that Kaylee's stepfather was a pedophile and a killer? 355 00:16:21,914 --> 00:16:25,048 [voice breaking]: My husband was vilified. 356 00:16:26,484 --> 00:16:28,834 At the grocery store, 357 00:16:28,878 --> 00:16:31,620 at his office, everywhere he went. 358 00:16:31,663 --> 00:16:33,535 They would call him names, 359 00:16:33,578 --> 00:16:35,667 tell him to stop hiding. 360 00:16:35,711 --> 00:16:37,234 And... 361 00:16:37,278 --> 00:16:39,193 did you and Mr. Brennan ever feel 362 00:16:39,236 --> 00:16:42,674 that you were in any real danger because of Ms. McBride? 363 00:16:42,718 --> 00:16:44,763 We did, and we were. 364 00:16:45,547 --> 00:16:47,984 In fact, the night before Jeremy took his own life, 365 00:16:48,028 --> 00:16:50,465 someone threw a brick through our front window. 366 00:16:50,508 --> 00:16:53,076 Your Honor, we would like to introduce 367 00:16:53,120 --> 00:16:55,992 into evidence the aforementioned brick 368 00:16:56,036 --> 00:16:58,560 that came through the Brennans' window. 369 00:16:58,603 --> 00:17:00,083 Objection, Your Honor. 370 00:17:00,127 --> 00:17:03,217 A brick thrown by an unknown perpetrator is not relevant 371 00:17:03,260 --> 00:17:05,436 to statements made by Ms. McBride, 372 00:17:05,480 --> 00:17:09,005 and any attempt to connect the two is speculative at best. 373 00:17:09,049 --> 00:17:11,138 Actually, the two are very much connected, 374 00:17:11,181 --> 00:17:13,096 very much related, Your Honor. 375 00:17:13,966 --> 00:17:16,056 Sorry, Counselor. 376 00:17:16,099 --> 00:17:18,406 I think we need to see where this goes. 377 00:17:19,363 --> 00:17:21,148 Overruled. 378 00:17:21,974 --> 00:17:24,716 GODFORD: The brick that you're holding-- 379 00:17:24,760 --> 00:17:26,805 there's some writing on it? 380 00:17:27,589 --> 00:17:31,245 Would you please read what it says? 381 00:17:32,072 --> 00:17:34,291 It says, "Stop Hiding Jeremy." 382 00:17:34,335 --> 00:17:36,772 GODFORD:And are you familiar with that expression? 383 00:17:36,815 --> 00:17:38,948 TRACY: I certainly am. 384 00:17:38,991 --> 00:17:41,559 "StopHidingJeremy" was the hashtag 385 00:17:41,603 --> 00:17:46,129 McBride told her audience to tweet to Jeremy every night. 386 00:17:50,002 --> 00:17:51,439 BULL: You okay? 387 00:17:51,482 --> 00:17:52,744 What do you mean? 388 00:17:52,788 --> 00:17:54,790 Well, that had to be hard to listen to in there. 389 00:17:54,833 --> 00:17:57,271 Oh. Well, I'm fine. 390 00:17:57,314 --> 00:18:00,970 I know, and I think the jury sees, 391 00:18:01,013 --> 00:18:03,190 that this is very difficult for her. 392 00:18:03,233 --> 00:18:05,801 She invited him into her house. 393 00:18:05,844 --> 00:18:07,455 She invited him into her life. 394 00:18:07,498 --> 00:18:10,327 And now her daughter is dead, so she's lashing out at me. 395 00:18:10,371 --> 00:18:13,461 It's-it's kind of classic textbook. 396 00:18:13,504 --> 00:18:14,810 Don't you think? 397 00:18:14,853 --> 00:18:17,247 Oh. Do you disagree? 398 00:18:17,291 --> 00:18:20,163 Well, for what it's worth, that's not what I heard. 399 00:18:20,207 --> 00:18:23,210 I heard her communicate-- 400 00:18:23,253 --> 00:18:25,821 and rather effectively, I might add-- 401 00:18:25,864 --> 00:18:28,215 the impact your show had on her life. 402 00:18:28,258 --> 00:18:31,174 And, by extension, her late husband's life. 403 00:18:31,218 --> 00:18:34,351 That is what they heard. 404 00:18:34,395 --> 00:18:37,180 Let's not confuse things, Madeline. 405 00:18:37,224 --> 00:18:41,141 Jury's not here to litigate her late husband's guilt. 406 00:18:41,184 --> 00:18:42,751 They're here to litigate yours. 407 00:18:42,794 --> 00:18:45,797 I'm guilty of nothing. 408 00:18:45,841 --> 00:18:47,277 I've killed no one. 409 00:18:47,321 --> 00:18:49,714 All I've done is exercise my First Amendment rights, 410 00:18:49,758 --> 00:18:53,196 and, um, last time I checked, that's not a crime. 411 00:18:53,240 --> 00:18:56,982 So, don't youconfuse things. 412 00:18:57,026 --> 00:19:00,072 And don't forget who you're here to defend. 413 00:19:02,074 --> 00:19:02,249 [sighs] 414 00:19:07,819 --> 00:19:10,474 Dr. Soto, will you please tell the court 415 00:19:10,518 --> 00:19:12,346 what it is you do? 416 00:19:12,389 --> 00:19:14,043 I'm a licensed psychiatrist 417 00:19:14,086 --> 00:19:15,305 in the state of New York 418 00:19:15,349 --> 00:19:17,177 in private practice in Westchester County, 419 00:19:17,220 --> 00:19:19,962 and until his death, I saw Jeremy Brennan once a week 420 00:19:20,005 --> 00:19:22,573 for the past... just about four years. 421 00:19:22,617 --> 00:19:24,923 And can you give the court some idea 422 00:19:24,967 --> 00:19:27,361 why you were seeing the late Mr. Brennan 423 00:19:27,404 --> 00:19:28,797 these past four years? 424 00:19:28,840 --> 00:19:30,973 SOTO:Well, without going into too much detail, 425 00:19:31,016 --> 00:19:34,237 what brought Mr. Brennan into my office was his struggle 426 00:19:34,281 --> 00:19:36,544 with issues involving generalized anxiety. 427 00:19:36,587 --> 00:19:39,895 The stresses involved with running your own business. 428 00:19:39,938 --> 00:19:41,157 Pretty run-of-the-mill stuff. 429 00:19:41,201 --> 00:19:44,595 And can you talk about the impact 430 00:19:44,639 --> 00:19:46,554 Kaylee's death had on him? 431 00:19:46,597 --> 00:19:50,253 He was, uh, shattered. 432 00:19:50,297 --> 00:19:52,212 Destroyed. 433 00:19:52,255 --> 00:19:55,650 Uh, wanted to be this strong anchor for his wife, 434 00:19:55,693 --> 00:19:57,304 who obviously was devastated, 435 00:19:57,347 --> 00:19:59,610 and felt ashamed that he couldn't do it. 436 00:19:59,654 --> 00:20:01,221 Couldn't function. 437 00:20:01,264 --> 00:20:04,833 And then there was the whole issue of responsibility. 438 00:20:04,876 --> 00:20:07,314 Tracy was at work, he was at home. 439 00:20:07,357 --> 00:20:10,404 The way he explained it to me was, he could have 440 00:20:10,447 --> 00:20:12,362 just as easily been there, been at the house, 441 00:20:12,406 --> 00:20:13,929 maybe stopped it from happening. 442 00:20:13,972 --> 00:20:15,931 But he was riding his bike. 443 00:20:15,974 --> 00:20:19,282 At one of our last sessions, he told me 444 00:20:19,326 --> 00:20:21,066 it was an incredibly beautiful ride. 445 00:20:21,110 --> 00:20:24,766 And at the time, it gave him enormous pleasure. 446 00:20:24,809 --> 00:20:26,333 And he really had trouble understanding 447 00:20:26,376 --> 00:20:29,292 how he could experience so much pleasure 448 00:20:29,336 --> 00:20:33,644 when someone he loved so deeply was experiencing so much horror. 449 00:20:33,688 --> 00:20:35,733 Your Honor, we mean no disrespect, 450 00:20:35,777 --> 00:20:37,344 but it's hard to see the relevance 451 00:20:37,387 --> 00:20:38,910 of any of this testimony, 452 00:20:38,954 --> 00:20:41,261 what bearing it has on the case at hand. 453 00:20:41,304 --> 00:20:42,697 GODFORD:Your Honor, we believe it's essential 454 00:20:42,740 --> 00:20:43,959 for the jury to understand 455 00:20:44,002 --> 00:20:45,743 Mr. Brennan's state of mind 456 00:20:45,787 --> 00:20:47,789 before Ms. McBride turned him 457 00:20:47,832 --> 00:20:50,226 into the focus of her broadcasts, 458 00:20:50,270 --> 00:20:54,186 so they may better understand the impact she had on him. 459 00:20:54,230 --> 00:20:56,188 I agree, 460 00:20:56,232 --> 00:20:58,626 but I feel confident that you've done that. 461 00:20:58,669 --> 00:21:00,889 If we could please 462 00:21:00,932 --> 00:21:02,934 move it along.GODFORD: Beg the court's pardon. 463 00:21:02,978 --> 00:21:05,633 If I could just ask one last question... 464 00:21:05,676 --> 00:21:07,330 Your Honor......about the days before 465 00:21:07,374 --> 00:21:11,421 Ms. McBride made him the centerpiece of her broadcasts? 466 00:21:11,465 --> 00:21:13,510 One. 467 00:21:13,554 --> 00:21:15,120 But keep it brief. 468 00:21:15,164 --> 00:21:17,209 GODFORD: During that period, 469 00:21:17,253 --> 00:21:20,256 immediately after Kaylee's death 470 00:21:20,300 --> 00:21:23,390 but before Ms. McBride made him topic number one 471 00:21:23,433 --> 00:21:28,351 on her television show, did he seem at all to you suicidal? 472 00:21:28,395 --> 00:21:30,005 As his doctor, 473 00:21:30,048 --> 00:21:33,225 were you ever really concerned about his safety? 474 00:21:33,269 --> 00:21:34,270 No. 475 00:21:34,314 --> 00:21:37,012 He was depressed. He was angry. 476 00:21:37,055 --> 00:21:39,057 He couldn't sleep or eat. 477 00:21:39,101 --> 00:21:40,755 But he was also very clear 478 00:21:40,798 --> 00:21:42,713 that he had to be there for his wife. 479 00:21:42,757 --> 00:21:44,802 GODFORD: I see. And after 480 00:21:44,846 --> 00:21:47,501 he was implicated by Ms. McBride? 481 00:21:47,544 --> 00:21:48,937 That was the first time I saw 482 00:21:48,980 --> 00:21:51,548 anything even resembling suicidal ideation. 483 00:21:51,592 --> 00:21:54,725 She was on television every night 484 00:21:54,769 --> 00:21:56,466 implying awful things. 485 00:21:56,510 --> 00:21:58,555 The unrelenting tweets. 486 00:21:58,599 --> 00:22:00,862 The phone calls in the middle of the night. 487 00:22:00,905 --> 00:22:02,646 The brick through the window. 488 00:22:02,690 --> 00:22:06,476 This rally she wanted to have across from his house. 489 00:22:06,520 --> 00:22:09,261 I wish I hadn't been so timid about it. 490 00:22:09,305 --> 00:22:11,655 I wish I really had pushed 491 00:22:11,699 --> 00:22:14,484 to have him hospitalized. 492 00:22:14,528 --> 00:22:16,921 Nothing further, Your Honor. 493 00:22:16,965 --> 00:22:19,141 [clears throat] 494 00:22:21,099 --> 00:22:24,233 BENNY: Hello, Dr. Soto. 495 00:22:24,276 --> 00:22:26,278 So... 496 00:22:26,322 --> 00:22:30,021 Are you familiar with the concept of correlation 497 00:22:30,065 --> 00:22:32,850 and how it's often confused with causation? 498 00:22:32,894 --> 00:22:34,852 I'm familiar with it, yes. 499 00:22:34,896 --> 00:22:36,288 BENNY: That even if there is 500 00:22:36,332 --> 00:22:39,204 a correlation between Ms. McBride's actions 501 00:22:39,248 --> 00:22:42,207 and Jeremy Brennan's depression and mental distress, 502 00:22:42,251 --> 00:22:44,949 well, that doesn't prove causation. 503 00:22:44,993 --> 00:22:48,431 No one knows for sure why Jeremy Brennan 504 00:22:48,475 --> 00:22:50,477 did what he did. 505 00:22:51,347 --> 00:22:55,307 You don't know why Mr. Brennan did what he did, do you? 506 00:22:58,920 --> 00:23:00,356 The witness will answer 507 00:23:00,400 --> 00:23:02,140 the question, please.BENNY: Oh, that's okay, 508 00:23:02,184 --> 00:23:04,142 Your Honor. [chuckles] That's all right. 509 00:23:04,186 --> 00:23:06,536 I-I think the jury gets it. 510 00:23:06,580 --> 00:23:10,801 They know if the doctor, uh, was certain about any of this, 511 00:23:10,845 --> 00:23:14,326 she would have absolutely had Mr. Brennan hospitalized. 512 00:23:14,370 --> 00:23:16,372 A-And not just thought about it. 513 00:23:16,416 --> 00:23:19,549 You know, like, done it. Made it happen. 514 00:23:19,593 --> 00:23:22,813 But she wasn't certain. 515 00:23:22,857 --> 00:23:24,511 Were you? 516 00:23:25,512 --> 00:23:27,165 No. 517 00:23:27,209 --> 00:23:31,474 Okay, so, let's get back to correlation and causation. 518 00:23:31,518 --> 00:23:33,998 To the best of your knowledge, did my client 519 00:23:34,042 --> 00:23:37,611 tell Jeremy Brennan to get on social media? 520 00:23:37,654 --> 00:23:39,613 No, not that I'm aware of. 521 00:23:39,656 --> 00:23:41,310 And, for that matter, did my client 522 00:23:41,353 --> 00:23:45,053 ever force Jeremy Brennan to watch her TV show? 523 00:23:45,096 --> 00:23:48,360 No, I-I can't imagine she did. 524 00:23:48,404 --> 00:23:50,885 I can't imagine that, either. 525 00:23:50,928 --> 00:23:52,756 Thank you. 526 00:23:52,800 --> 00:23:54,410 No further questions, Your Honor. 527 00:23:54,454 --> 00:23:56,630 I need you to answer the door, Marissa. 528 00:23:56,673 --> 00:23:58,501 What? Answer the door? What are you talking about? 529 00:23:58,545 --> 00:23:59,850 What door? 530 00:23:59,894 --> 00:24:02,070 Answer the door, Marissa. 531 00:24:03,550 --> 00:24:05,029 Doubt has arrived. 532 00:24:10,687 --> 00:24:13,560 Morning. Um, any way we could have a chat? 533 00:24:13,603 --> 00:24:15,039 Sure. 534 00:24:15,083 --> 00:24:17,041 What's up? 535 00:24:17,085 --> 00:24:19,696 Um, I need a favor. 536 00:24:19,740 --> 00:24:22,525 My father passed away earlier this week. 537 00:24:22,569 --> 00:24:25,180 Oh, God, I... Danny, I'm so sorry. 538 00:24:25,223 --> 00:24:27,095 Were you close? 539 00:24:27,138 --> 00:24:29,314 I barely knew him. 540 00:24:30,620 --> 00:24:34,363 Well, that's not true. I knew him. 541 00:24:35,582 --> 00:24:37,366 And I loved him. 542 00:24:37,409 --> 00:24:39,673 But he left us-- uh, my mom and me-- 543 00:24:39,716 --> 00:24:41,588 right before I went into the police academy. 544 00:24:41,631 --> 00:24:45,243 No goodbye. Nothing. Just, uh, came home from school one day, 545 00:24:45,287 --> 00:24:47,768 and he was... he was gone. 546 00:24:47,811 --> 00:24:50,161 Took off with some woman. 547 00:24:51,511 --> 00:24:54,296 I haven't spoken to him in 15 years. 548 00:24:54,339 --> 00:24:56,341 So the point is, um, 549 00:24:56,385 --> 00:24:59,301 I, uh, I hired a-a company 550 00:24:59,344 --> 00:25:01,782 to go into his apartment and box up all his things. 551 00:25:01,825 --> 00:25:04,219 Get them out of there so the, uh, the landlord 552 00:25:04,262 --> 00:25:05,786 can get the place ready for a new tenant. 553 00:25:05,829 --> 00:25:07,396 Anyway, 554 00:25:07,439 --> 00:25:09,267 um, they just called, 555 00:25:09,311 --> 00:25:13,315 and apparently, it's about 20-some boxes. 556 00:25:13,358 --> 00:25:15,883 And I just don't have enough room 557 00:25:15,926 --> 00:25:18,886 for all that stuff in my tiny apartment, so... 558 00:25:18,929 --> 00:25:21,758 Is there any way that I could store them here, 559 00:25:21,802 --> 00:25:23,673 out of the way? 560 00:25:23,717 --> 00:25:25,675 [knock on door] 561 00:25:25,719 --> 00:25:28,460 MAN: Judge is on his way out.We're coming. 562 00:25:28,504 --> 00:25:31,072 After the other side questions me, 563 00:25:31,115 --> 00:25:33,770 you get to question me, too, right? 564 00:25:33,814 --> 00:25:35,467 Yes. That's how it works. 565 00:25:35,511 --> 00:25:36,991 Okay. For your last question, 566 00:25:37,034 --> 00:25:40,037 just make sure you ask me how I got into all of this. 567 00:25:40,081 --> 00:25:42,910 What makes me care so deeply for victims of crime. 568 00:25:42,953 --> 00:25:47,436 What makes me care so deeply for people like Kaylee. 569 00:25:47,479 --> 00:25:49,525 Hmm? 570 00:25:50,787 --> 00:25:52,267 [door opens] 571 00:25:52,310 --> 00:25:54,748 McBRIDE: No evidence of forced entry. 572 00:25:54,791 --> 00:25:57,620 No real alibi for the time period 573 00:25:57,664 --> 00:26:00,580 during which Kaylee was sexually assaulted and murdered. 574 00:26:00,623 --> 00:26:03,539 I mean, he claimed he went on a bike ride, 575 00:26:03,583 --> 00:26:05,454 but no one actually saw him. 576 00:26:05,497 --> 00:26:07,456 [chuckles]: So, he just seemed 577 00:26:07,499 --> 00:26:10,372 like someone that you would want to get answers from. 578 00:26:10,415 --> 00:26:14,071 You know what they say about walking like a duck. 579 00:26:14,115 --> 00:26:16,291 SULLIVAN: Any more questions 580 00:26:16,334 --> 00:26:17,466 for this witness, Counselor? 581 00:26:17,509 --> 00:26:20,295 Yes, Your Honor. Just one more. 582 00:26:21,078 --> 00:26:22,906 So, 583 00:26:22,950 --> 00:26:24,995 Ms. McBride, 584 00:26:25,039 --> 00:26:26,823 we've all 585 00:26:26,867 --> 00:26:28,433 seen you on television. 586 00:26:28,477 --> 00:26:31,219 We've all seen you in action. 587 00:26:31,262 --> 00:26:34,788 So, how did you come to this? 588 00:26:34,831 --> 00:26:38,835 How did you come to be a champion of justice? 589 00:26:38,879 --> 00:26:42,578 A champion of victims like Kaylee? 590 00:26:45,668 --> 00:26:48,628 Like a lot of things in life... 591 00:26:50,107 --> 00:26:52,457 ...you never see it coming. 592 00:26:54,024 --> 00:26:55,286 20 years ago, 593 00:26:55,330 --> 00:26:57,941 I was married. 594 00:26:57,985 --> 00:27:00,465 I was living in Indiana. 595 00:27:00,509 --> 00:27:02,250 It was, like... 596 00:27:02,293 --> 00:27:06,471 nine or ten weeks after 9/11. 597 00:27:06,515 --> 00:27:09,170 It was Black Friday. 598 00:27:09,213 --> 00:27:11,694 I was doing my patriotic duty 599 00:27:11,738 --> 00:27:14,262 by getting some early Christmas shopping done. 600 00:27:14,305 --> 00:27:16,830 And my three-year-old, 601 00:27:16,873 --> 00:27:19,571 David... 602 00:27:20,572 --> 00:27:23,358 He was at that in-between age. 603 00:27:23,401 --> 00:27:26,622 You know, they want to be carried, 604 00:27:26,666 --> 00:27:29,494 and, oh, no, they want to walk on their own 605 00:27:29,538 --> 00:27:30,844 or they want to hold your hand. 606 00:27:30,887 --> 00:27:33,629 It's like, no, no, they want to be free. 607 00:27:35,152 --> 00:27:37,938 Anyway, my husband at the time 608 00:27:37,981 --> 00:27:40,549 was in some other part of the mall. 609 00:27:40,592 --> 00:27:44,814 And I saw out of the corner of my eye 610 00:27:44,858 --> 00:27:47,643 this robot pet 611 00:27:47,687 --> 00:27:50,907 that was so popular that year. 612 00:27:50,951 --> 00:27:54,215 I mean, it was sold out everywhere. 613 00:27:54,258 --> 00:27:57,392 [chuckles softly] And then there it was. 614 00:27:57,435 --> 00:28:02,049 Magically, right in front of me. 615 00:28:02,092 --> 00:28:05,008 So, I grabbed David's hand, 616 00:28:05,052 --> 00:28:08,011 and we walked over to where they were. 617 00:28:09,709 --> 00:28:13,451 I remember that the aisle 618 00:28:13,495 --> 00:28:17,978 was so very crowded. 619 00:28:18,021 --> 00:28:21,285 People and shopping carts 620 00:28:21,329 --> 00:28:24,027 and winter clothes. 621 00:28:24,071 --> 00:28:25,420 [sniffles] 622 00:28:25,463 --> 00:28:28,423 [crying]: It seems so stupid now. 623 00:28:30,817 --> 00:28:32,340 Anyway... 624 00:28:34,385 --> 00:28:36,039 I grabbed the toy, 625 00:28:36,083 --> 00:28:38,389 and then I realized that I... 626 00:28:38,433 --> 00:28:40,914 I didn't want David to see it. 627 00:28:40,957 --> 00:28:42,916 I didn't want him to know 628 00:28:42,959 --> 00:28:47,355 that Mommy was getting him the toy and not Santa. 629 00:28:47,398 --> 00:28:51,011 So I switched hands for a second. 630 00:28:51,054 --> 00:28:53,013 And... 631 00:28:53,056 --> 00:28:55,319 And then I looked down. 632 00:29:00,847 --> 00:29:03,023 He wasn't there. 633 00:29:04,154 --> 00:29:07,114 You can figure out the rest. 634 00:29:07,157 --> 00:29:09,464 It was, like, me, my husband, 635 00:29:09,507 --> 00:29:13,816 the police-- we were all over that mall 636 00:29:13,860 --> 00:29:16,471 until they locked the doors 637 00:29:16,514 --> 00:29:19,474 and made us leave. 638 00:29:22,564 --> 00:29:25,523 [crying]: He was just... 639 00:29:27,003 --> 00:29:29,527 ...gone. 640 00:29:30,354 --> 00:29:32,574 BENNY: I'm so sorry. 641 00:29:33,357 --> 00:29:35,838 I was desperate, 642 00:29:35,882 --> 00:29:37,927 so... 643 00:29:37,971 --> 00:29:39,842 I went to the media. 644 00:29:39,886 --> 00:29:42,192 I didn't even know what the media was. 645 00:29:42,236 --> 00:29:44,455 But... 646 00:29:44,499 --> 00:29:48,068 I wanted David's picture 647 00:29:48,111 --> 00:29:51,723 and his name everywhere. 648 00:29:51,767 --> 00:29:56,511 You know, just in case somebody saw him. 649 00:29:57,294 --> 00:30:01,255 And I-I wouldn't let up. 650 00:30:01,298 --> 00:30:04,171 Not even after my husband 651 00:30:04,214 --> 00:30:06,738 stopped speaking to me. 652 00:30:08,523 --> 00:30:11,178 Not even after he left me. 653 00:30:11,221 --> 00:30:13,006 But... 654 00:30:14,224 --> 00:30:15,486 [whimpers, sniffles] 655 00:30:15,530 --> 00:30:19,490 I just couldn't stop. 656 00:30:23,407 --> 00:30:25,627 My son's... 657 00:30:25,670 --> 00:30:30,023 body washed up on the shore of the Patoka Lake 658 00:30:30,066 --> 00:30:32,155 a few weeks later. 659 00:30:32,199 --> 00:30:34,288 And... 660 00:30:34,331 --> 00:30:37,987 I guess everyone figured 661 00:30:38,031 --> 00:30:40,076 that was that. 662 00:30:43,079 --> 00:30:45,821 But not for me. 663 00:30:45,865 --> 00:30:49,738 I went everywhere there was a microphone. 664 00:30:49,781 --> 00:30:52,393 Uh, radio stations. 665 00:30:52,436 --> 00:30:53,742 Colleges. 666 00:30:53,785 --> 00:30:57,789 I just... I kept pushing 667 00:30:57,833 --> 00:31:01,576 because I wanted the scalp 668 00:31:01,619 --> 00:31:05,319 of the man who kidnapped 669 00:31:05,362 --> 00:31:08,452 my son and murdered him. 670 00:31:10,280 --> 00:31:12,065 And then, finally... 671 00:31:14,632 --> 00:31:16,896 I got it. 672 00:31:21,117 --> 00:31:22,945 The police found him. 673 00:31:22,989 --> 00:31:25,730 'Cause, you know, they never dared stop looking 674 00:31:25,774 --> 00:31:29,473 'cause I was screaming from the rooftops. 675 00:31:32,302 --> 00:31:35,044 I got justice. 676 00:31:39,353 --> 00:31:41,833 I speak for the dead. 677 00:31:43,574 --> 00:31:46,708 Like my son. 678 00:31:51,582 --> 00:31:53,976 And like Kaylee. 679 00:31:57,371 --> 00:31:58,981 Told you I knew what I was doing. 680 00:31:59,025 --> 00:32:01,027 That was quite a piece of testimony. 681 00:32:01,070 --> 00:32:02,811 Any of it true? 682 00:32:03,768 --> 00:32:05,988 Yeah, step on in. Close the door? 683 00:32:09,035 --> 00:32:13,300 I'm here to inform you that WNN is withdrawing from the case. 684 00:32:13,343 --> 00:32:14,910 Excuse me? 685 00:32:14,954 --> 00:32:16,781 Also that our lawyers are on the phone with your lawyers 686 00:32:16,825 --> 00:32:17,913 negotiating the dissolution 687 00:32:17,957 --> 00:32:19,262 of your contract with our network. 688 00:32:19,306 --> 00:32:21,656 As of now, you are off the air, Madeline. 689 00:32:21,699 --> 00:32:23,875 What's going on? 690 00:32:23,919 --> 00:32:25,573 The man who killed Kaylee? 691 00:32:25,616 --> 00:32:27,096 They caught him about an hour ago. 692 00:32:27,140 --> 00:32:28,576 Confessed to everything. 693 00:32:28,619 --> 00:32:29,881 What are you talking about? 694 00:32:29,925 --> 00:32:31,840 The man who killed Kaylee was her stepfather. 695 00:32:31,883 --> 00:32:33,494 No, he wasn't. 696 00:32:33,537 --> 00:32:36,279 Look, the word is starting to get out, and people are starting 697 00:32:36,323 --> 00:32:37,628 to gather in front of the courthouse. 698 00:32:37,672 --> 00:32:38,978 They're looking for you. 699 00:32:39,021 --> 00:32:40,109 So I'd arrange for some extra security 700 00:32:40,153 --> 00:32:43,025 to get her out of here? Yeah? 701 00:32:51,294 --> 00:32:52,948 DANNY: The killer was a man named Wayne Dixon. 702 00:32:52,992 --> 00:32:54,254 He was working a construction job 703 00:32:54,297 --> 00:32:56,256 down the street from the Brennan home. 704 00:32:56,299 --> 00:32:59,999 Dixon had apparently targeted Kaylee a few weeks earlier. 705 00:33:00,042 --> 00:33:01,304 He was watching the house 706 00:33:01,348 --> 00:33:03,089 and saw Jeremy ride away on his bike. 707 00:33:03,132 --> 00:33:04,829 Dixon claims he approached the house, 708 00:33:04,873 --> 00:33:06,657 said he was a friend of Kaylee's dad, 709 00:33:06,701 --> 00:33:08,833 and she let him in, 710 00:33:08,877 --> 00:33:11,662 which is why there is no evidence of forced entry. 711 00:33:11,706 --> 00:33:14,056 Is there anything in there 712 00:33:14,100 --> 00:33:15,840 about how the police knew 713 00:33:15,884 --> 00:33:17,320 to question Dixon in the first place? 714 00:33:17,364 --> 00:33:19,192 How did he come to their attention? 715 00:33:19,235 --> 00:33:21,846 Well, according to this, they got a tip. 716 00:33:21,890 --> 00:33:24,458 Dixon's girlfriend. Why? 717 00:33:24,501 --> 00:33:26,547 We're in court at 11:00. 718 00:33:26,590 --> 00:33:29,202 See if you can find the girlfriend. 719 00:33:29,245 --> 00:33:31,552 See if you can get her on the phone with me. 720 00:33:31,595 --> 00:33:34,207 Ms. James, stacked all the boxes downstairs 721 00:33:34,250 --> 00:33:35,556 in that courtroom like you told me. 722 00:33:35,599 --> 00:33:37,427 [exhales] Thanks so much for all your help. 723 00:33:37,471 --> 00:33:39,473 And I almost forgot. The person who helped pack up 724 00:33:39,516 --> 00:33:42,258 your dad's things wanted me to give you this. 725 00:33:42,302 --> 00:33:43,433 Thanks. 726 00:33:43,477 --> 00:33:45,522 Have a great day. 727 00:33:46,436 --> 00:33:48,830 BENNY: Good morning, Ms. Cowley. 728 00:33:48,873 --> 00:33:52,964 Now, could you please tell the court what it was 729 00:33:53,008 --> 00:33:54,227 that prompted you to call the police 730 00:33:54,270 --> 00:33:55,924 on your boyfriend Wayne Dixon? 731 00:33:55,967 --> 00:33:57,447 Uh, yeah, I-I don't know. 732 00:33:57,491 --> 00:34:01,234 Um, Wayne was working construction in Westchester, 733 00:34:01,277 --> 00:34:04,063 and, uh, since he started, 734 00:34:04,106 --> 00:34:06,891 he just seemed different, distant, 735 00:34:06,935 --> 00:34:08,763 you know, like he was preoccupied 736 00:34:08,806 --> 00:34:11,026 with something or-or someone. 737 00:34:11,070 --> 00:34:13,463 And then, a few nights later, 738 00:34:13,507 --> 00:34:17,250 I found him out back, burning his clothes. 739 00:34:17,293 --> 00:34:20,514 I mean, why would you burn your clothes? 740 00:34:20,557 --> 00:34:24,300 He said he got some type of toxic chemical on them at work. 741 00:34:24,344 --> 00:34:28,130 But he does framing and drywall. I-I don't know. 742 00:34:28,174 --> 00:34:30,393 It just... it didn't seem right to me. 743 00:34:30,437 --> 00:34:32,743 Now, is that when you phoned the police? 744 00:34:32,787 --> 00:34:36,138 Uh, no, no, not yet. 745 00:34:36,182 --> 00:34:41,230 Um, what really got me thinking was, all of a sudden, 746 00:34:41,274 --> 00:34:43,798 he wanted to start watching Madeline McBride's show 747 00:34:43,841 --> 00:34:45,104 with me all of a sudden. 748 00:34:45,147 --> 00:34:47,628 Like, he never wanted to watch that show before. 749 00:34:47,671 --> 00:34:50,761 He did not like her. 750 00:34:50,805 --> 00:34:52,241 No offense. 751 00:34:52,285 --> 00:34:54,983 I'm sorry. I-I love you, and I love your show so much. 752 00:34:55,026 --> 00:34:56,680 BULL: Go, 753 00:34:56,724 --> 00:34:58,160 Quasimodo.Um... 754 00:34:58,204 --> 00:35:01,032 So, anyway, he started watching it with me. 755 00:35:01,076 --> 00:35:03,426 And whenever she'd bring up the case, 756 00:35:03,470 --> 00:35:07,038 he'd always say how he was working in that neighborhood 757 00:35:07,082 --> 00:35:10,738 and he knew the house that she was talking about, and... 758 00:35:10,781 --> 00:35:13,349 BENNY:And did you know your boyfriend was interested 759 00:35:13,393 --> 00:35:15,656 in prepubescent girls? 760 00:35:15,699 --> 00:35:18,224 [voice breaking]: I don't know. 761 00:35:19,573 --> 00:35:21,836 We never talked about it. 762 00:35:24,186 --> 00:35:29,191 But... whenever we were at the beach or at the park... 763 00:35:29,235 --> 00:35:31,062 [sniffles] 764 00:35:31,106 --> 00:35:33,587 ...I thought I always saw him looking. 765 00:35:35,589 --> 00:35:38,766 Then I thought maybe it was just in my mind. 766 00:35:39,897 --> 00:35:42,161 And what did you tell the police when you called them? 767 00:35:42,204 --> 00:35:43,988 I knew from her show 768 00:35:44,032 --> 00:35:47,514 that Kaylee had DNA on her that hadn't been identified. 769 00:35:47,557 --> 00:35:51,300 So, I called them, and I offered Wayne's hairbrush. 770 00:35:51,344 --> 00:35:53,824 And how did you know to do that? 771 00:35:53,868 --> 00:35:55,304 From her show. 772 00:35:55,348 --> 00:35:58,220 She talked about how DNA from a hairbrush caught a killer 773 00:35:58,264 --> 00:36:01,136 she was profiling a couple years back. 774 00:36:01,963 --> 00:36:06,315 Well, it's lucky you watched her show. 775 00:36:06,359 --> 00:36:07,882 Did you know that tips 776 00:36:07,925 --> 00:36:11,015 from Ms. McBride's viewers have helped 777 00:36:11,059 --> 00:36:13,757 in solving over one hundred cases 778 00:36:13,801 --> 00:36:16,151 since the show first aired? 779 00:36:16,195 --> 00:36:18,240 No. 780 00:36:18,284 --> 00:36:20,416 I just think she's really smart 781 00:36:20,460 --> 00:36:22,636 and cool. 782 00:36:22,679 --> 00:36:26,074 Just really good at her job. 783 00:36:26,901 --> 00:36:27,728 [quietly]: Sanctuary. 784 00:36:29,773 --> 00:36:32,036 [sighs] 785 00:36:44,571 --> 00:36:49,663 "Dear Danny James, you don't know me, but my name is Devon. 786 00:36:49,706 --> 00:36:53,014 "Some years ago, I got to know your father. 787 00:36:53,057 --> 00:36:56,017 "We met and fell in love in New York, 788 00:36:56,060 --> 00:36:58,454 "and eventually, I convinced him 789 00:36:58,498 --> 00:37:02,545 "to come live with me in Louisiana where I'm from. 790 00:37:02,589 --> 00:37:07,071 "I did not know at the time about you or your mother. 791 00:37:07,115 --> 00:37:11,728 "Three months after we settled down in Louisiana, 792 00:37:11,772 --> 00:37:15,166 "your father confessed to me about the family he had left. 793 00:37:15,210 --> 00:37:18,169 "Told me that he could no longer bear the guilt 794 00:37:18,213 --> 00:37:20,911 "and needed to go back to you. 795 00:37:20,955 --> 00:37:24,437 "I did not stand in his way. 796 00:37:24,480 --> 00:37:27,135 "He told me when he got to New York, 797 00:37:27,178 --> 00:37:29,355 "your mother refused to speak to him. 798 00:37:29,398 --> 00:37:32,053 "Warned him that if he tried to make contact with you 799 00:37:32,096 --> 00:37:34,447 "that she would kill him. 800 00:37:36,449 --> 00:37:38,712 "He told me he found a small apartment 801 00:37:38,755 --> 00:37:41,062 "and got a job working teaching physical education 802 00:37:41,105 --> 00:37:42,933 "at an art school. 803 00:37:42,977 --> 00:37:46,110 "Even taught himself to sketch. 804 00:37:46,154 --> 00:37:49,549 "Over the years he tried to build up the courage 805 00:37:49,592 --> 00:37:51,594 "to reach out to you, 806 00:37:51,638 --> 00:37:54,075 "but he told me he was so filled with guilt 807 00:37:54,118 --> 00:37:56,556 "and shame for leaving you, 808 00:37:56,599 --> 00:37:58,340 "he just couldn't do it. 809 00:37:58,384 --> 00:38:03,084 "And then one day, he was looking out his window, 810 00:38:03,127 --> 00:38:04,607 "and there you were. 811 00:38:04,651 --> 00:38:06,130 "Walking by. 812 00:38:06,174 --> 00:38:07,349 "He figured you were probably making your way home 813 00:38:07,393 --> 00:38:09,177 "from the police academy. 814 00:38:09,220 --> 00:38:13,050 "He said he saw you maybe ten or 20 times from that window, 815 00:38:13,094 --> 00:38:14,835 "but then, no more. 816 00:38:16,227 --> 00:38:18,969 "I didn't hear from your father again for many years. 817 00:38:19,013 --> 00:38:22,233 "And then about three weeks ago, he called 818 00:38:22,277 --> 00:38:24,627 "to tell me he was very sick. 819 00:38:24,671 --> 00:38:27,456 "I flew to New York, but by the time 820 00:38:27,500 --> 00:38:29,502 "I got there he was already in the hospital. 821 00:38:29,545 --> 00:38:34,637 So I'm writing to let you know what he told me. 822 00:38:34,681 --> 00:38:38,293 "That he wanted you to know he was terribly sorry. 823 00:38:39,207 --> 00:38:41,165 "And he wanted you to know 824 00:38:41,209 --> 00:38:43,385 he loved you." 825 00:38:51,350 --> 00:38:53,352 [sniffles] 826 00:38:53,395 --> 00:38:57,138 BENNY: Jeremy Brennan's suicide is 827 00:38:57,181 --> 00:38:59,619 undeniably tragic. 828 00:38:59,662 --> 00:39:02,578 And no one will ever know with certainty 829 00:39:02,622 --> 00:39:05,538 why he decided to take his own life. 830 00:39:06,930 --> 00:39:09,716 But you know what we do know with certainty? 831 00:39:10,281 --> 00:39:12,980 That Kaylee's killer was caught. 832 00:39:13,023 --> 00:39:15,983 And that's, at least in part, due 833 00:39:16,026 --> 00:39:18,202 to Madeline McBride... 834 00:39:18,246 --> 00:39:21,380 for keeping Kaylee's story alive. 835 00:39:22,337 --> 00:39:25,645 But she was only able to do it 836 00:39:25,688 --> 00:39:29,518 because her freedom of speech allowed her to do it. 837 00:39:29,562 --> 00:39:32,129 See, that's the tricky thing about freedom of speech. 838 00:39:32,173 --> 00:39:33,957 It-it cuts both ways. 839 00:39:34,001 --> 00:39:36,873 See, people have the freedom 840 00:39:36,917 --> 00:39:40,181 to say whatever it is they want to say. 841 00:39:40,224 --> 00:39:43,097 And everyone else has the freedom, uh, 842 00:39:43,140 --> 00:39:45,708 not to listen, not to believe 843 00:39:45,752 --> 00:39:47,493 and to do their own research 844 00:39:47,536 --> 00:39:49,843 and come up with their own conclusions. 845 00:39:49,886 --> 00:39:52,062 I mean, that's what Carla Cowley did. 846 00:39:52,106 --> 00:39:53,499 You heard her. 847 00:39:53,542 --> 00:39:55,588 She loved that woman. 848 00:39:55,631 --> 00:39:58,068 But she did not let the fact 849 00:39:58,112 --> 00:40:00,375 that for over a month, she heard 850 00:40:00,419 --> 00:40:03,900 Madeline McBride, who thought that Jeremy Brennan 851 00:40:03,944 --> 00:40:05,336 probably committed the murder, 852 00:40:05,380 --> 00:40:07,295 stop her from picking up the phone 853 00:40:07,338 --> 00:40:09,863 and calling the police when she was convinced 854 00:40:09,906 --> 00:40:12,518 my client was mistaken. 855 00:40:12,561 --> 00:40:14,476 Look, I... 856 00:40:14,520 --> 00:40:16,217 I get it. 857 00:40:16,260 --> 00:40:18,480 Okay? I get it. She was... 858 00:40:18,524 --> 00:40:19,873 she was wrong. 859 00:40:19,916 --> 00:40:21,222 Wrong on the facts. 860 00:40:21,265 --> 00:40:23,006 Unnecessarily harsh. 861 00:40:23,050 --> 00:40:25,052 And there were times I felt that she took 862 00:40:25,095 --> 00:40:27,184 way too much pleasure 863 00:40:27,228 --> 00:40:30,492 in her ongoing campaign against Jeremy Brennan. 864 00:40:31,711 --> 00:40:33,321 But you know what? 865 00:40:33,364 --> 00:40:36,542 That is not against the law. 866 00:40:36,585 --> 00:40:39,066 And the problem is... 867 00:40:39,109 --> 00:40:41,198 if you don't stand up 868 00:40:41,242 --> 00:40:44,245 for the people you don't necessarily agree with 869 00:40:44,288 --> 00:40:46,377 when someone is trying to silence them, 870 00:40:46,421 --> 00:40:50,033 then there might not be the right to free speech left 871 00:40:50,077 --> 00:40:53,689 when they go after the people you doagree with. 872 00:40:53,733 --> 00:40:56,866 WOMAN: In the matter ofTracy Brennan v. 873 00:40:56,910 --> 00:40:58,738 Madeline McBrideand the claim 874 00:40:58,781 --> 00:41:01,392 of intentional infliction of emotional distress... 875 00:41:01,436 --> 00:41:04,352 we, the jury, find Madeline McBride 876 00:41:04,395 --> 00:41:06,136 liable.[Tracy gasping] 877 00:41:08,182 --> 00:41:10,532 And we award Tracy Brennan damages 878 00:41:10,576 --> 00:41:13,622 in the amount of two and one half million dollars. 879 00:41:15,363 --> 00:41:16,930 SULLIVAN: Ladies and gentlemen of the jury, 880 00:41:16,973 --> 00:41:18,801 thank you for your service. 881 00:41:18,845 --> 00:41:21,325 Court is adjourned. 882 00:41:24,328 --> 00:41:27,288 Ms. McBride. I'm very sorry. 883 00:41:27,331 --> 00:41:30,247 Don't be, you did your best. 884 00:41:32,989 --> 00:41:34,556 But you lost your job. 885 00:41:34,600 --> 00:41:36,471 You're about to get a boatload of bad publicity. 886 00:41:36,515 --> 00:41:39,039 And today is gonna cost you two and a half million dollars. 887 00:41:39,082 --> 00:41:41,128 Help me understand. 888 00:41:41,171 --> 00:41:43,217 You seem to have made your peace 889 00:41:43,260 --> 00:41:45,480 with this rather quickly. 890 00:41:45,524 --> 00:41:47,700 Well, two and a half million? 891 00:41:47,743 --> 00:41:51,181 That's why God created personal liability insurance. 892 00:41:51,225 --> 00:41:54,576 And the boatload of publicity? 893 00:41:54,620 --> 00:41:56,491 I love it. 894 00:41:56,535 --> 00:41:58,058 Good or bad, 895 00:41:58,101 --> 00:41:59,799 it keeps me in the zeitgeist. 896 00:41:59,842 --> 00:42:02,497 And it will come in handy 897 00:42:02,541 --> 00:42:05,239 when I sit down to cut my new deal. 898 00:42:05,282 --> 00:42:07,676 A new deal? 899 00:42:10,200 --> 00:42:12,551 See, people like me? 900 00:42:12,594 --> 00:42:14,770 People who have the courage to say 901 00:42:14,814 --> 00:42:18,165 what everyone else is thinking even if we're wrong? 902 00:42:18,208 --> 00:42:21,864 We always draw a big crowd. 903 00:42:21,908 --> 00:42:24,084 [laughs] And trust me, 904 00:42:24,127 --> 00:42:26,434 after today... 905 00:42:26,477 --> 00:42:28,915 the crowd will only be bigger, huh? 906 00:42:28,958 --> 00:42:31,439 Thank you, gentlemen. 907 00:42:31,482 --> 00:42:32,832 Don't forget to send me your bill.