1 00:00:06,074 --> 00:00:08,242 NARRATOR: In the criminal justice system, 2 00:00:08,276 --> 00:00:11,079 sexually based offenses are considered especially heinous. 3 00:00:11,112 --> 00:00:14,448 In New York City, the dedicated detectives 4 00:00:14,482 --> 00:00:16,350 who investigate these vicious felonies 5 00:00:16,384 --> 00:00:18,119 are members of an elite squad 6 00:00:18,152 --> 00:00:20,088 known as the Special Victims Unit. 7 00:00:20,121 --> 00:00:21,455 These are their stories. 8 00:00:23,291 --> 00:00:27,095 WOMAN: The doctor said if she survives, 9 00:00:27,128 --> 00:00:29,263 she'll be brain damaged. 10 00:00:29,297 --> 00:00:33,101 Were you with your niece when she got sick? 11 00:00:33,134 --> 00:00:35,669 My brother called, frantic. 12 00:00:35,703 --> 00:00:38,239 Alexis wasn't breathing. 13 00:00:38,272 --> 00:00:41,075 Pete wanted me to meet him here to help take care of the kids 14 00:00:41,109 --> 00:00:42,243 while they talked to the doctors. 15 00:00:42,276 --> 00:00:43,277 How long has Alexis 16 00:00:43,311 --> 00:00:44,412 lived with them? 17 00:00:44,445 --> 00:00:45,546 He and Karen adopted her 18 00:00:45,579 --> 00:00:47,481 from Romania last year, 19 00:00:47,515 --> 00:00:49,283 when she was three. 20 00:00:49,317 --> 00:00:51,452 These two were a surprise. 21 00:00:51,485 --> 00:00:54,188 They were born right after the adoption. 22 00:00:58,259 --> 00:01:01,395 The hospital called you because they think Alexis was poisoned. 23 00:01:01,429 --> 00:01:03,564 What do you think? 24 00:01:03,597 --> 00:01:07,135 My sister-in-law did it. 25 00:01:07,168 --> 00:01:09,137 She's so cruel to her. 26 00:01:09,137 --> 00:01:11,339 Never a kind word. 27 00:01:11,372 --> 00:01:14,142 Never a kiss or hug. 28 00:01:14,175 --> 00:01:15,643 And how does she treat the other children? 29 00:01:15,676 --> 00:01:17,311 Karen dotes on the twins and Katie. 30 00:01:17,345 --> 00:01:21,149 Alexis, she sees as a burden. 31 00:01:21,182 --> 00:01:22,450 How old is Katie? 32 00:01:22,483 --> 00:01:23,584 Seven. 33 00:01:23,617 --> 00:01:25,219 Do you think she might be able 34 00:01:25,253 --> 00:01:26,520 to tell us what happened? 35 00:01:26,554 --> 00:01:28,556 She loves Alexis. 36 00:01:28,589 --> 00:01:31,459 I hope so. 37 00:01:31,492 --> 00:01:32,726 STABLER: Can you tell me what happened 38 00:01:32,760 --> 00:01:34,228 when you came home from school today? 39 00:01:34,262 --> 00:01:36,197 I watched SpongeBob. 40 00:01:36,230 --> 00:01:38,199 Where was Alexis? 41 00:01:38,232 --> 00:01:41,335 In the corner, in the kitchen. 42 00:01:41,369 --> 00:01:43,337 What was she doing in the corner? 43 00:01:43,371 --> 00:01:45,206 When she's bad, Mommy puts her there 44 00:01:45,239 --> 00:01:47,675 and makes her practice her numbers. 45 00:01:47,708 --> 00:01:49,343 She can only count to ten, 46 00:01:49,377 --> 00:01:51,412 so she has to do it over and over 47 00:01:51,445 --> 00:01:53,181 and over. 48 00:01:53,214 --> 00:01:54,615 What kind of bad things does she do? 49 00:01:54,648 --> 00:01:55,916 Today, she wrote on the wall 50 00:01:55,949 --> 00:01:57,751 with a crayon. 51 00:01:57,785 --> 00:02:01,355 Did you see Alexis drink or eat anything bad today? 52 00:02:01,389 --> 00:02:05,226 She drank the soapy water. 53 00:02:05,259 --> 00:02:06,727 What soapy water? 54 00:02:06,760 --> 00:02:08,762 Mommy gave Alexis a pail 55 00:02:08,796 --> 00:02:09,863 to wash the wall. 56 00:02:09,897 --> 00:02:13,201 She was crying, so Mommy put the sponge in her mouth. 57 00:02:13,234 --> 00:02:14,568 She kept spitting it out. 58 00:02:14,602 --> 00:02:18,272 Mommy got mad. 59 00:02:18,306 --> 00:02:21,275 And when Mommy got mad, what did she do then? 60 00:02:21,309 --> 00:02:23,244 She made it all soapy again 61 00:02:23,277 --> 00:02:25,246 and put it back in her mouth. 62 00:02:25,279 --> 00:02:27,215 Alexis was coughing. 63 00:02:29,250 --> 00:02:30,584 Then what happened? 64 00:02:30,618 --> 00:02:34,222 She threw up. 65 00:02:34,255 --> 00:02:35,223 She kept trying to sit down 66 00:02:35,223 --> 00:02:37,691 but Mommy made her stand in the corner again. 67 00:02:37,725 --> 00:02:39,760 When Daddy came home, 68 00:02:39,793 --> 00:02:42,496 Alexis fell and she wouldn't get up. 69 00:02:42,530 --> 00:02:44,265 WOMAN: Katie? 70 00:02:44,298 --> 00:02:45,533 Mama. 71 00:02:47,301 --> 00:02:48,669 The doctor said that you needed to see us. 72 00:02:48,702 --> 00:02:51,605 Why don't we let Katie say good night to Alexis. 73 00:02:51,639 --> 00:02:53,241 Come on, sweetheart. 74 00:02:55,343 --> 00:02:56,377 What's wrong? 75 00:02:56,410 --> 00:02:58,546 We'd like both of you to come down to our precinct. 76 00:02:58,579 --> 00:03:00,648 Well, we have to get the children home. 77 00:03:00,681 --> 00:03:02,283 Lady, if I have anything to say about it, 78 00:03:02,316 --> 00:03:03,284 you'll never see those kids again. 79 00:03:03,317 --> 00:03:04,285 You're under arrest. 80 00:03:04,318 --> 00:03:05,286 MAN: What?! 81 00:03:05,319 --> 00:03:07,255 For attempted murder of your adopted daughter. 82 00:03:07,255 --> 00:03:08,589 You have the right to remain silent... 83 00:03:08,622 --> 00:03:10,258 Let's go. 84 00:03:59,573 --> 00:04:02,476 Look, you're making a mistake. I love Alexis. 85 00:04:02,510 --> 00:04:04,612 BENSON: Not according to your sister-in-law. 86 00:04:04,645 --> 00:04:06,347 Wendy never liked me. You can't listen to her. 87 00:04:06,380 --> 00:04:08,316 Can we listen to Katie, Mrs. Campbell? 88 00:04:08,349 --> 00:04:09,617 GATES: Oh, sure, Detective, 89 00:04:09,650 --> 00:04:11,619 because seven-year-olds are so reliable. 90 00:04:11,652 --> 00:04:12,586 Tomorrow, she'll tell you 91 00:04:12,620 --> 00:04:13,887 that a pony with wings lives in her closet. 92 00:04:13,921 --> 00:04:15,489 So Katie made the whole thing up, huh? 93 00:04:15,523 --> 00:04:16,557 Like how you shoved 94 00:04:16,590 --> 00:04:19,627 a sponge full of soapy water into Alexis's mouth, 95 00:04:19,660 --> 00:04:21,529 repeatedly, while she gagged and cried? 96 00:04:21,562 --> 00:04:23,497 I don't know where Katie would get that... 97 00:04:23,531 --> 00:04:24,698 You made her stand in the corner, 98 00:04:24,732 --> 00:04:27,468 counting, until she collapsed. 99 00:04:27,501 --> 00:04:29,403 GATES: Plenty of children accidentally 100 00:04:29,437 --> 00:04:30,804 ingest household poisons. 101 00:04:30,838 --> 00:04:32,640 It's sad, but it's a fact of life. 102 00:04:32,673 --> 00:04:33,741 It's not a crime. 103 00:04:33,774 --> 00:04:34,775 So, it was an accident. 104 00:04:34,808 --> 00:04:36,344 I feel terrible that I wasn't 105 00:04:36,377 --> 00:04:38,446 paying close enough attention. 106 00:04:38,479 --> 00:04:41,382 But I can't possibly be everywhere at once. 107 00:04:41,415 --> 00:04:43,784 I have four children. 108 00:04:43,817 --> 00:04:45,586 I'm a good mother. 109 00:04:45,619 --> 00:04:47,621 I would never hurt Alexis. 110 00:04:47,655 --> 00:04:48,789 MAN: Why don't you believe me? 111 00:04:48,822 --> 00:04:50,524 We do believe you, Mr. Campbell. 112 00:04:50,558 --> 00:04:52,092 That's why you're not under arrest. 113 00:04:52,125 --> 00:04:53,727 My wife did nothing wrong. 114 00:04:53,761 --> 00:04:55,563 FIN: But you couldn't know what your wife did. 115 00:04:55,596 --> 00:04:56,464 You were gone all day. 116 00:04:56,497 --> 00:04:58,566 I told you, when I got home from work, 117 00:04:58,599 --> 00:05:00,634 Alexis had stopped breathing, and Karen 118 00:05:00,668 --> 00:05:01,869 was hysterical. 119 00:05:01,902 --> 00:05:03,871 If we wanted to poison Alexis, 120 00:05:03,904 --> 00:05:05,539 why would we rush her to the hospital? 121 00:05:05,573 --> 00:05:06,640 MUNCH: Actually, I'm interested 122 00:05:06,674 --> 00:05:07,608 in why your wife does the things 123 00:05:07,641 --> 00:05:09,577 she does. Like what? 124 00:05:09,610 --> 00:05:11,612 Berate and emotionally abuse your adopted daughter. 125 00:05:11,645 --> 00:05:12,580 That's a lie! 126 00:05:12,613 --> 00:05:14,114 FIN: Are you calling your sister a liar? 127 00:05:14,147 --> 00:05:15,416 She says Karen treats that girl 128 00:05:15,449 --> 00:05:16,850 worse than a dog. 129 00:05:16,884 --> 00:05:18,552 Wendy was always jealous of my wife. 130 00:05:18,586 --> 00:05:20,488 How can I make you understand? 131 00:05:20,521 --> 00:05:22,756 Karen loved Alexis. 132 00:05:22,790 --> 00:05:25,459 You mean loves Alexis, don't you, Mr. Campbell? 133 00:05:25,493 --> 00:05:27,528 Present tense. The girl's not dead yet. 134 00:05:30,831 --> 00:05:32,600 HUANG: The emergency room pumped two cups of detergent 135 00:05:32,633 --> 00:05:33,601 out of Alexis's stomach. 136 00:05:33,634 --> 00:05:35,669 Mrs. Campbell's accident story's a bunch of crap. 137 00:05:35,703 --> 00:05:38,672 There is no kid who's going to drink two cups of that stuff willingly. 138 00:05:38,706 --> 00:05:39,707 What about the dear old dad? 139 00:05:39,740 --> 00:05:40,708 He had to know 140 00:05:40,741 --> 00:05:41,709 that his wife hated that kid. 141 00:05:41,742 --> 00:05:42,543 Wasn't home, 142 00:05:42,576 --> 00:05:43,844 so he's not criminally responsible. 143 00:05:43,877 --> 00:05:44,912 But we got the mother, right? 144 00:05:44,945 --> 00:05:46,447 How's the seven-year-old? 145 00:05:46,480 --> 00:05:47,681 Solid. 146 00:05:47,715 --> 00:05:49,583 No chance you influenced her statement? 147 00:05:49,617 --> 00:05:50,618 None. 148 00:05:50,651 --> 00:05:51,819 Counselor, I've been doing this 149 00:05:51,852 --> 00:05:52,853 a little bit longer than you. 150 00:05:52,886 --> 00:05:54,221 Just making sure we're covered. 151 00:05:54,254 --> 00:05:57,157 Children under nine aren't automatically considered swearable. 152 00:05:57,190 --> 00:05:58,426 I can talk to her. 153 00:05:58,426 --> 00:06:00,628 If she knows the difference between a lie and the truth, 154 00:06:00,661 --> 00:06:02,696 and the consequences of telling a lie in court, 155 00:06:02,730 --> 00:06:04,765 then she can testify. 156 00:06:07,468 --> 00:06:08,836 HUANG: Okay, tell me what color that is. 157 00:06:08,869 --> 00:06:10,971 Purple. 158 00:06:11,004 --> 00:06:13,474 Well, what if I said it was orange? 159 00:06:13,507 --> 00:06:15,876 Would that be the truth or would that be a lie? 160 00:06:15,909 --> 00:06:17,545 A lie. 161 00:06:17,578 --> 00:06:18,846 How come? 162 00:06:18,879 --> 00:06:20,948 'Cause it's purple. 163 00:06:20,981 --> 00:06:23,651 Right. 164 00:06:23,684 --> 00:06:27,688 Let me ask you something about... about promises. 165 00:06:27,721 --> 00:06:28,589 If you promised your mother 166 00:06:28,622 --> 00:06:30,591 that you're going to clean your room, 167 00:06:30,624 --> 00:06:31,625 and then you don't do it, 168 00:06:31,659 --> 00:06:33,494 what happens? 169 00:06:33,527 --> 00:06:34,562 I get in trouble. 170 00:06:34,595 --> 00:06:37,030 Why is that? 171 00:06:37,064 --> 00:06:38,766 'Cause I promised. 172 00:06:38,799 --> 00:06:41,769 Right again. 173 00:06:41,802 --> 00:06:42,970 You're really good. 174 00:06:45,506 --> 00:06:46,774 You ever go to church sometimes? 175 00:06:48,776 --> 00:06:50,811 Who lives in church? 176 00:06:50,844 --> 00:06:52,713 God. 177 00:06:52,746 --> 00:06:54,515 Are you allowed to lie to God? 178 00:06:54,548 --> 00:06:55,783 No. 179 00:06:55,816 --> 00:06:56,950 If you make a promise to God 180 00:06:56,984 --> 00:06:58,719 that you're only going to tell the truth, 181 00:06:58,752 --> 00:07:01,822 do you have to keep that promise? 182 00:07:03,991 --> 00:07:06,960 What if you tell a lie? 183 00:07:06,994 --> 00:07:10,664 You'll really, really get in trouble. 184 00:07:10,698 --> 00:07:13,066 JUDGE: Your chief witness 185 00:07:13,100 --> 00:07:14,935 is the defendant's seven-year-old daughter? 186 00:07:14,968 --> 00:07:16,670 That sounds a bit imprudent. 187 00:07:16,704 --> 00:07:18,071 Prior courts have held otherwise, Your Honor. 188 00:07:18,105 --> 00:07:20,808 Rittenhouse v. North Hempstead found a three-year-old 189 00:07:20,841 --> 00:07:22,776 wasn't automatically presumed incompetent to testify. 190 00:07:22,810 --> 00:07:25,546 Ah, but you're in my court now. 191 00:07:25,579 --> 00:07:27,080 GATES: And LaPlant v. Atias 192 00:07:27,114 --> 00:07:28,716 disqualified a seven- year-old witness. 193 00:07:28,749 --> 00:07:29,883 It's completely subjective. 194 00:07:29,917 --> 00:07:31,952 Which is why a psychiatrist examined Katie Campbell 195 00:07:31,985 --> 00:07:33,821 and determined that she understands her duty 196 00:07:33,854 --> 00:07:34,522 to tell the truth. 197 00:07:34,555 --> 00:07:36,524 I'm sure the People won't mind 198 00:07:36,524 --> 00:07:37,825 if I determine that myself. 199 00:07:37,858 --> 00:07:39,527 It's not necessary, Your Honor. 200 00:07:39,560 --> 00:07:40,060 But, again, 201 00:07:40,093 --> 00:07:42,062 it's in my court. 202 00:07:42,095 --> 00:07:43,964 Produce the girl and I'll conduct 203 00:07:43,997 --> 00:07:45,833 a swearability examination 204 00:07:45,866 --> 00:07:46,900 in chambers. 205 00:07:46,934 --> 00:07:49,703 By the way, Ms. Novak, 206 00:07:49,737 --> 00:07:50,771 when you appear in my courtroom, 207 00:07:50,804 --> 00:07:53,907 I would appreciate you are dressed appropriately. 208 00:07:53,941 --> 00:07:57,711 By that, I mean in a skirt. 209 00:07:57,745 --> 00:07:59,980 9:00 a.m. tomorrow, counselors. 210 00:08:04,585 --> 00:08:08,822 I don't want you to be afraid, Miss Campbell, 211 00:08:08,856 --> 00:08:10,758 I just want you to answer the questions 212 00:08:10,791 --> 00:08:12,760 as honestly as you can. 213 00:08:12,793 --> 00:08:14,027 Understand? 214 00:08:15,763 --> 00:08:17,831 You have to speak up for the lady typing. 215 00:08:18,999 --> 00:08:20,868 JUDGE: Now, Miss Campbell, 216 00:08:20,901 --> 00:08:23,971 do you understand the difference between the truth and a lie? 217 00:08:24,004 --> 00:08:25,573 Yeah. 218 00:08:25,573 --> 00:08:27,608 If you told us about something 219 00:08:27,641 --> 00:08:28,742 you did not see or hear, 220 00:08:28,776 --> 00:08:31,879 would that be the truth or a lie? 221 00:08:31,912 --> 00:08:33,814 What? 222 00:08:33,847 --> 00:08:35,015 Do you understand the question? 223 00:08:35,048 --> 00:08:36,717 Um... 224 00:08:36,750 --> 00:08:38,919 Speak aloud. 225 00:08:38,952 --> 00:08:40,854 Let the record show that the witness 226 00:08:40,888 --> 00:08:43,757 is unable to answer the question. 227 00:08:43,791 --> 00:08:47,895 If you came into court, raised your right hand, 228 00:08:47,928 --> 00:08:49,897 and you swore to tell the truth, 229 00:08:49,930 --> 00:08:50,798 and you told a lie, 230 00:08:50,831 --> 00:08:54,067 what do you think would happen to you? 231 00:08:54,101 --> 00:08:56,670 ( voice breaking ): I don't know. 232 00:08:57,871 --> 00:08:59,907 Do you know what the word "truth" means? 233 00:09:01,675 --> 00:09:03,043 Thank you. You're excused. 234 00:09:12,886 --> 00:09:15,656 Well, I think that answers the question of swearability. 235 00:09:15,689 --> 00:09:17,658 With all due respect, Your Honor, 236 00:09:17,691 --> 00:09:18,926 I was confused by those questions. 237 00:09:18,959 --> 00:09:19,927 I wouldn't go around 238 00:09:19,960 --> 00:09:21,695 admitting that, Ms. Novak. 239 00:09:21,729 --> 00:09:22,830 The defense moves 240 00:09:22,863 --> 00:09:23,831 for dismissal, Your Honor. 241 00:09:23,864 --> 00:09:24,765 Without the People's witness, there's no case. 242 00:09:24,798 --> 00:09:27,167 Your Honor didn't say she can't testify. 243 00:09:27,200 --> 00:09:28,636 She just can't be sworn. 244 00:09:28,669 --> 00:09:29,937 Her statement can be corroborated 245 00:09:29,970 --> 00:09:31,839 by the detergent found in the victim's stomach. 246 00:09:31,872 --> 00:09:32,706 Evidence which also 247 00:09:32,740 --> 00:09:34,141 corroborates an accidental ingestion. 248 00:09:34,174 --> 00:09:35,743 It might. 249 00:09:35,776 --> 00:09:37,210 Why don't we let a jury decide? 250 00:09:37,244 --> 00:09:41,014 Mr. Gates, I'm inclined to agree with Ms. Novak. 251 00:09:41,048 --> 00:09:42,816 Then I move to suppress the girl's testimony, Your Honor. 252 00:09:42,850 --> 00:09:44,685 She spoke with an SVU detective 253 00:09:44,718 --> 00:09:46,219 alone, without parental supervision. 254 00:09:46,253 --> 00:09:47,955 That's standard procedure. 255 00:09:47,988 --> 00:09:49,923 Child witnesses don't need parental supervision. 256 00:09:49,957 --> 00:09:50,924 We can't be sure 257 00:09:50,958 --> 00:09:52,225 that anything this girl said 258 00:09:52,259 --> 00:09:53,894 wasn't influenced by the police. 259 00:09:53,927 --> 00:09:55,963 SVU detectives are trained to interview children. 260 00:09:55,996 --> 00:09:57,965 And I'd love to hear all about that. 261 00:09:57,998 --> 00:09:59,833 I'm ordering a Hudy hearing. 262 00:09:59,867 --> 00:10:02,970 Your detective proves he didn't tell young Miss Campbell 263 00:10:03,003 --> 00:10:04,938 what to say, I'll allow her testimony. 264 00:10:10,110 --> 00:10:11,812 NOVAK: Detective Stabler, at any point 265 00:10:11,845 --> 00:10:13,146 during your questioning of Katie Campbell, 266 00:10:13,180 --> 00:10:14,882 did you suggest her mother was responsible 267 00:10:14,915 --> 00:10:16,784 for poisoning the victim? 268 00:10:16,817 --> 00:10:18,018 Never. 269 00:10:18,051 --> 00:10:19,720 In fact, Katie introduced her mother 270 00:10:19,753 --> 00:10:21,254 into the conversation without any prompting. 271 00:10:21,288 --> 00:10:22,255 Did you vilify 272 00:10:22,289 --> 00:10:23,991 or criticize her mother in a way 273 00:10:24,024 --> 00:10:25,726 that would influence her statement? 274 00:10:25,759 --> 00:10:26,827 I expressed no opinion 275 00:10:26,860 --> 00:10:27,961 about the defendant. 276 00:10:27,995 --> 00:10:28,962 Thank you. 277 00:10:28,996 --> 00:10:31,899 Nothing further, Your Honor. 278 00:10:34,101 --> 00:10:36,036 Why haven't we heard the audio tape 279 00:10:36,069 --> 00:10:38,138 of this interview, Detective Stabler? 280 00:10:38,171 --> 00:10:40,974 Standard procedure does not require police to record 281 00:10:41,008 --> 00:10:42,710 interviews with witnesses. 282 00:10:42,743 --> 00:10:43,744 How convenient. 283 00:10:43,777 --> 00:10:46,046 So you make a mistake, 284 00:10:46,079 --> 00:10:47,280 no one will hear it. 285 00:10:47,314 --> 00:10:48,882 I didn't make a mistake. 286 00:10:48,916 --> 00:10:50,851 In general, when a child is injured, 287 00:10:50,884 --> 00:10:53,787 who is your first suspect? 288 00:10:55,188 --> 00:10:56,890 Depends on the circumstances. 289 00:10:56,924 --> 00:10:58,091 Oh, come on, Detective, 290 00:10:58,125 --> 00:11:00,260 isn't it true you look to the parents 291 00:11:00,293 --> 00:11:01,762 before anyone else? 292 00:11:01,795 --> 00:11:03,797 When the situation warrants it, yes. 293 00:11:03,831 --> 00:11:06,199 Are you out to get Karen Campbell? 294 00:11:06,233 --> 00:11:07,234 Of course not. 295 00:11:07,267 --> 00:11:08,969 Didn't you tell my client, 296 00:11:09,002 --> 00:11:11,104 that if you had anything to do with it, 297 00:11:11,138 --> 00:11:13,106 she'd never see her kids again? 298 00:11:17,077 --> 00:11:18,912 That's out of context. 299 00:11:18,946 --> 00:11:20,948 Yes or no, Detective? 300 00:11:20,981 --> 00:11:21,949 Yes. 301 00:11:21,982 --> 00:11:23,216 So it sounds like 302 00:11:23,250 --> 00:11:25,052 you had some pretty strong feelings 303 00:11:25,085 --> 00:11:27,054 about my client's guilt the moment you met her. 304 00:11:27,087 --> 00:11:28,989 My feelings have nothing to do with any of this. 305 00:11:29,022 --> 00:11:29,923 Now you assumed 306 00:11:29,957 --> 00:11:32,826 my client was guilty and that influenced 307 00:11:32,860 --> 00:11:34,061 how you questioned her seven-year-old daughter. 308 00:11:34,094 --> 00:11:35,195 That's completely false. 309 00:11:35,228 --> 00:11:36,997 I know how to conduct an interview. 310 00:11:37,030 --> 00:11:39,967 Thank you, Detective. Nothing further. 311 00:11:41,802 --> 00:11:45,305 You're excused, Detective. 312 00:11:45,338 --> 00:11:48,776 Ms. Novak, I'm afraid the People 313 00:11:48,776 --> 00:11:49,910 haven't met their burden 314 00:11:49,943 --> 00:11:52,079 in proving the interview wasn't suggestive. 315 00:11:52,112 --> 00:11:54,047 Therefore, the defense motion to suppress 316 00:11:54,081 --> 00:11:56,016 the witness' testimony is granted. 317 00:11:56,049 --> 00:11:57,217 This is a joke. 318 00:11:57,250 --> 00:12:00,087 I beg your pardon, Detective Stabler? 319 00:12:02,155 --> 00:12:03,891 I said this is a joke. 320 00:12:03,924 --> 00:12:05,292 You'd be wise to remember 321 00:12:05,325 --> 00:12:07,060 no one cares what you think 322 00:12:07,094 --> 00:12:09,797 once you're out of that box, Detective. 323 00:12:09,830 --> 00:12:10,998 The interview wasn't suggestive. 324 00:12:11,031 --> 00:12:12,032 Elliot, stop... 325 00:12:12,065 --> 00:12:13,100 One of these judges who thinks 326 00:12:13,133 --> 00:12:14,101 cops strong-arm witnesses 327 00:12:14,134 --> 00:12:15,903 in order to make their case? 328 00:12:15,936 --> 00:12:18,005 What, you think I just bullied a seven-year-old into lying? 329 00:12:18,038 --> 00:12:19,840 Elliot, leave. 330 00:12:19,873 --> 00:12:20,841 No, Elliot, stay. 331 00:12:20,874 --> 00:12:23,210 Enjoy the hospitality of our holding cells. 332 00:12:23,243 --> 00:12:24,277 You're in contempt. 333 00:12:24,311 --> 00:12:26,079 Officer of the Court, 334 00:12:26,113 --> 00:12:28,215 escort the detective out of here. 335 00:12:28,248 --> 00:12:30,083 ( gavel pounds ) 336 00:12:40,393 --> 00:12:42,329 You all right? 337 00:12:42,362 --> 00:12:43,330 I'm great. 338 00:12:43,363 --> 00:12:44,965 Thanks for getting me a couple of hours off. 339 00:12:44,998 --> 00:12:46,166 You are not blaming this on me. 340 00:12:46,199 --> 00:12:47,835 Well, you did let that defense attorney 341 00:12:47,835 --> 00:12:49,236 trash me pretty good in that courtroom. 342 00:12:49,269 --> 00:12:50,838 Yeah, and that stunt that you pulled. 343 00:12:50,838 --> 00:12:52,339 That's going to help insure that Judge Taft 344 00:12:52,372 --> 00:12:54,074 is going to screw me in the trial, but hey, 345 00:12:54,107 --> 00:12:55,242 at least your ego is still intact. 346 00:12:55,275 --> 00:12:57,310 My ego? You got me out of there to talk about my ego? 347 00:12:57,344 --> 00:12:58,879 I did not get you out of there. 348 00:12:58,912 --> 00:12:59,712 I called in a favor. 349 00:12:59,746 --> 00:13:01,048 The contempt citation is withdrawn. 350 00:13:01,081 --> 00:13:05,085 So if you could possibly stop acting like a petulant child, 351 00:13:05,118 --> 00:13:06,854 that'll be thanks enough. 352 00:13:06,854 --> 00:13:09,322 And you-- you need to start playing nice 353 00:13:09,356 --> 00:13:10,858 with Oliver Taft. 354 00:13:10,891 --> 00:13:13,293 This guy is an arrogant prick. 355 00:13:13,326 --> 00:13:15,863 True, and he completely takes issue with young attorneys 356 00:13:15,896 --> 00:13:18,131 who think they know more about the law than he does. 357 00:13:18,165 --> 00:13:19,199 You're worried about my ego? 358 00:13:19,232 --> 00:13:21,368 This guy abuses his power and gets away with it. 359 00:13:21,401 --> 00:13:23,871 You didn't help the situation by mouthing off 360 00:13:23,871 --> 00:13:25,873 to the trial judge. 361 00:13:25,873 --> 00:13:27,340 This isn't law school, Casey. 362 00:13:27,374 --> 00:13:29,209 This is the real world. 363 00:13:29,242 --> 00:13:30,410 Pick your battles. 364 00:13:30,443 --> 00:13:33,981 Winning the trial is more important than wearing a skirt. 365 00:13:36,917 --> 00:13:38,585 TAFT: If there are no other matters, 366 00:13:38,618 --> 00:13:40,320 let's start jury selection tomorrow morning. 367 00:13:40,353 --> 00:13:41,354 Amenable? 368 00:13:41,388 --> 00:13:43,323 No conflicts, Your Honor. 369 00:13:43,356 --> 00:13:45,125 That's fine, Your Honor. 370 00:13:45,158 --> 00:13:48,028 It's so nice when we can all get along. 371 00:13:48,061 --> 00:13:49,997 Assault One seems reasonable, 372 00:13:50,030 --> 00:13:53,633 but we're not overreaching with the attempted murder charge, 373 00:13:53,666 --> 00:13:54,601 are we, Ms. Novak? 374 00:13:54,634 --> 00:13:59,039 The grand jury didn't think so, Your Honor. 375 00:13:59,072 --> 00:14:01,909 Fine, just wanted to be sure. 376 00:14:01,909 --> 00:14:04,377 Actually, Your Honor, the defense has one more matter. 377 00:14:04,411 --> 00:14:07,180 My client would like to waive her right to a jury trial 378 00:14:07,214 --> 00:14:09,282 in favor of proceeding before the court. 379 00:14:09,316 --> 00:14:10,550 Your Honor, this is strategy. 380 00:14:10,583 --> 00:14:14,187 People v. Williams, a waiver can be denied if it's intended 381 00:14:14,221 --> 00:14:17,057 to seek an impermissible advantage. 382 00:14:17,090 --> 00:14:19,326 What advantage, Ms. Novak? 383 00:14:20,360 --> 00:14:24,231 Your perceived favor, sir. 384 00:14:28,301 --> 00:14:31,371 Waiving a jury trial is more a risk to the defendant 385 00:14:31,404 --> 00:14:32,639 than the prosecution. 386 00:14:32,672 --> 00:14:36,076 Convincing 12 people of guilt is harder 387 00:14:36,109 --> 00:14:38,211 than convincing one judge. 388 00:14:38,245 --> 00:14:42,082 But if your client understands the consequences 389 00:14:42,115 --> 00:14:44,351 of her waiver, I'll grant it. 390 00:14:45,385 --> 00:14:48,321 I do, Your Honor. 391 00:14:48,355 --> 00:14:49,422 Very well. 392 00:14:49,456 --> 00:14:51,992 Then we proceed directly to trial. 393 00:15:02,069 --> 00:15:05,038 Something else, Ms. Novak? 394 00:15:05,072 --> 00:15:07,240 Yes, sir. 395 00:15:07,274 --> 00:15:09,442 The People request that Your Honor 396 00:15:09,476 --> 00:15:12,045 recuse himself from this trial. 397 00:15:16,049 --> 00:15:18,485 On what grounds? 398 00:15:18,518 --> 00:15:23,123 That your conduct indicates a clear bias toward the defense, 399 00:15:23,156 --> 00:15:25,325 recusing yourself now 400 00:15:25,358 --> 00:15:26,526 will preserve the appearance of impartiality 401 00:15:26,559 --> 00:15:29,696 on the part of this court. 402 00:15:31,498 --> 00:15:35,535 Judges are charged to examine their conscience 403 00:15:35,568 --> 00:15:39,172 for any hint of bias and then decide accordingly. 404 00:15:39,206 --> 00:15:40,340 Perhaps we should 405 00:15:40,373 --> 00:15:41,708 do that more often. 406 00:15:41,741 --> 00:15:45,012 I'm satisfied that I'm impartial in this case. 407 00:15:45,012 --> 00:15:46,246 Your motion is denied, 408 00:15:46,279 --> 00:15:50,517 Ms. Novak, but I do thank you for your candor. 409 00:15:52,019 --> 00:15:54,187 Opening arguments tomorrow morning. 410 00:15:54,221 --> 00:15:56,089 ( gavel pounds ) 411 00:15:58,125 --> 00:15:59,526 You ask an egomaniac to recuse himself? 412 00:15:59,559 --> 00:16:01,194 He has much as told the defense 413 00:16:01,228 --> 00:16:03,096 that if they waived the jury, he'd acquit. 414 00:16:03,130 --> 00:16:04,364 "You're reaching 415 00:16:04,397 --> 00:16:07,100 with the attempted murder charge, Ms. Novak?" 416 00:16:07,134 --> 00:16:08,368 What the hell is that? 417 00:16:08,401 --> 00:16:09,369 It's a tactic. 418 00:16:09,402 --> 00:16:11,571 He's trying to get you to plead out the case 419 00:16:11,604 --> 00:16:14,141 and make his life easier. 420 00:16:17,477 --> 00:16:19,746 You're staying the trial? 421 00:16:19,779 --> 00:16:21,114 Why? 422 00:16:21,148 --> 00:16:22,782 To get Taft recused or disqualified. 423 00:16:22,815 --> 00:16:25,752 I've got an appearance before an appellate judge this afternoon. 424 00:16:25,785 --> 00:16:27,754 It's one thing to ask for a recusal, 425 00:16:27,787 --> 00:16:29,522 but to publicly humiliate a judge? 426 00:16:29,556 --> 00:16:32,592 You'll be the enemy in every courtroom in Manhattan. 427 00:16:32,625 --> 00:16:35,528 I'm already the enemy as far as Taft's concerned. 428 00:16:35,562 --> 00:16:38,331 The trial judge is the sole arbiter of recusal. 429 00:16:38,365 --> 00:16:41,768 If Taft believes he's impartial, the appellate term will have 430 00:16:41,801 --> 00:16:43,536 no reason to find otherwise. 431 00:16:43,570 --> 00:16:47,074 So a biased judge gets to decide if he's biased? 432 00:16:47,074 --> 00:16:48,275 Yes. 433 00:16:48,308 --> 00:16:50,610 That's our legal system, so work within it. 434 00:16:50,643 --> 00:16:54,814 Plead out the case or you're looking at an acquittal. 435 00:16:54,847 --> 00:16:55,782 Bad news travels fast. 436 00:16:55,815 --> 00:16:58,385 We have to plead Karen Campbell out, Elliot. 437 00:16:58,418 --> 00:16:59,386 I have no choice. 438 00:16:59,419 --> 00:17:00,620 Don't be so sure. 439 00:17:00,653 --> 00:17:03,490 Records of the agency the Campbells used to adopt Alexis. 440 00:17:03,523 --> 00:17:04,824 Karen tried to give her back. 441 00:17:04,857 --> 00:17:06,126 When? 442 00:17:06,159 --> 00:17:07,594 February of this year. 443 00:17:07,627 --> 00:17:09,229 Six months after 444 00:17:09,262 --> 00:17:10,463 they adopted her. 445 00:17:10,497 --> 00:17:13,266 If she loved her so much, she wouldn't hurt Alexis-- bull. 446 00:17:13,300 --> 00:17:17,104 Let's see Taft try and throw this out. 447 00:17:20,673 --> 00:17:23,210 KAREN: I was feeling overwhelmed with the twins, 448 00:17:23,243 --> 00:17:24,811 I admit that. 449 00:17:27,114 --> 00:17:29,516 And I'm embarrassed that I could even think about 450 00:17:29,549 --> 00:17:32,652 giving Alexis to someone else. 451 00:17:32,685 --> 00:17:37,290 But it was only because I thought she'd be better off 452 00:17:37,324 --> 00:17:41,128 with a mother that could be devoted to her. 453 00:17:41,128 --> 00:17:42,562 And you couldn't do that? 454 00:17:42,595 --> 00:17:45,532 No. 455 00:17:45,565 --> 00:17:48,668 And if I'm guilty of anything, it's of not being able 456 00:17:48,701 --> 00:17:51,304 to keep my eye on her all the time. 457 00:17:51,338 --> 00:17:52,639 After you discovered 458 00:17:52,672 --> 00:17:57,144 that Alexis had gotten into the detergent, 459 00:17:57,144 --> 00:17:58,611 how did she act? 460 00:17:58,645 --> 00:18:00,247 Fine, 461 00:18:00,280 --> 00:18:01,581 until she threw up. 462 00:18:01,614 --> 00:18:05,852 But my other daughter had had the stomach flu the week before, 463 00:18:05,885 --> 00:18:07,320 and I had just thought 464 00:18:07,354 --> 00:18:08,855 that she caught it. 465 00:18:08,888 --> 00:18:11,191 And then she passed out. 466 00:18:11,224 --> 00:18:15,695 She turned blue. 467 00:18:15,728 --> 00:18:19,632 My husband came home from work and we rushed her 468 00:18:19,666 --> 00:18:22,869 to the hospital. 469 00:18:22,902 --> 00:18:24,871 Thank you, Mrs. Campbell. 470 00:18:24,904 --> 00:18:26,673 Your witness. 471 00:18:31,211 --> 00:18:34,481 You say Alexis was fine all day? 472 00:18:34,514 --> 00:18:35,648 Yes. 473 00:18:35,682 --> 00:18:38,651 I'd like the court reporter to read back the testimony 474 00:18:38,685 --> 00:18:40,453 of Dr. Langenhahn, the pediatrician, 475 00:18:40,487 --> 00:18:41,588 regarding the exact nature 476 00:18:41,621 --> 00:18:44,724 of Alexis's injuries. 477 00:18:44,757 --> 00:18:45,758 "Dr. Langenhahn: 478 00:18:45,792 --> 00:18:48,195 "The victim suffered pneumonitis from vomiting 479 00:18:48,195 --> 00:18:50,197 "and then aspirating the cleaning solution, 480 00:18:50,230 --> 00:18:51,698 causing her to slowly suffocate." 481 00:18:51,731 --> 00:18:53,600 "Ms. Novak: 482 00:18:53,633 --> 00:18:55,902 "What symptoms would someone with pneumonitis exhibit?" 483 00:18:55,935 --> 00:18:57,404 "Dr. Langenhahn: 484 00:18:57,437 --> 00:18:59,606 "Intense coughing, labored breathing, vomiting. 485 00:18:59,639 --> 00:19:02,675 The victim would've been in excruciating pain for hours." 486 00:19:02,709 --> 00:19:05,312 "Excruciating pain for hours." 487 00:19:05,345 --> 00:19:08,315 Does that sound like Alexis was fine? 488 00:19:08,348 --> 00:19:11,218 No, what the doctor said is not true. 489 00:19:11,218 --> 00:19:11,951 Alexis was okay. 490 00:19:11,984 --> 00:19:13,620 You knew she'd ingested 491 00:19:13,653 --> 00:19:15,255 cleaning solution that afternoon. 492 00:19:15,288 --> 00:19:17,357 Why didn't you take her to the hospital then? 493 00:19:17,390 --> 00:19:18,358 I didn't know how much. 494 00:19:18,391 --> 00:19:19,459 When you finally did take her 495 00:19:19,492 --> 00:19:20,527 to the emergency room, were you afraid 496 00:19:20,560 --> 00:19:22,695 the doctors might suspect that you poisoned her? 497 00:19:22,729 --> 00:19:23,763 No. 498 00:19:23,796 --> 00:19:25,498 Isn't that why you delayed getting your daughter 499 00:19:25,532 --> 00:19:26,699 medical attention, Ms. Campbell? 500 00:19:26,733 --> 00:19:28,768 Because you were more concerned about getting in trouble, 501 00:19:28,801 --> 00:19:29,936 than saving your daughter's life? 502 00:19:29,969 --> 00:19:32,372 No. I love Alexis. 503 00:19:32,405 --> 00:19:33,706 Objection; she's badgering. 504 00:19:33,740 --> 00:19:35,242 Sustained. 505 00:19:40,980 --> 00:19:43,516 Nothing further. 506 00:19:49,522 --> 00:19:51,524 There's little doubt in anyone's mind 507 00:19:51,558 --> 00:19:53,993 that the events leading up to Alexis Campbell's 508 00:19:54,026 --> 00:19:56,629 terrible injuries are tragic and regrettable. 509 00:19:56,663 --> 00:19:57,997 No matter the outcome 510 00:19:58,030 --> 00:20:00,533 of these proceedings, 511 00:20:00,567 --> 00:20:03,303 a little girl will never be the same. 512 00:20:05,272 --> 00:20:07,307 Mrs. Campbell, please rise. 513 00:20:12,712 --> 00:20:16,349 After considering all the facts and weighing the importance 514 00:20:16,383 --> 00:20:18,985 of the witness testimony, I find that there is 515 00:20:19,018 --> 00:20:21,721 a single piece of evidence that is paramount 516 00:20:21,754 --> 00:20:24,023 throughout this trial. 517 00:20:24,056 --> 00:20:25,992 And that is the fact 518 00:20:26,025 --> 00:20:29,329 that you love your daughter. 519 00:20:29,362 --> 00:20:30,997 And because of that, 520 00:20:31,030 --> 00:20:32,699 I believe that you did not force 521 00:20:32,732 --> 00:20:35,001 or encourage her to drink 522 00:20:35,034 --> 00:20:37,837 a poisonous substance. 523 00:20:37,870 --> 00:20:39,772 This was a tragedy-- 524 00:20:39,806 --> 00:20:43,710 in some ways, compounded by this trial. 525 00:20:43,743 --> 00:20:49,015 I will not compound it further. 526 00:20:49,048 --> 00:20:51,050 Not guilty on all charges. 527 00:20:51,083 --> 00:20:52,652 ( gavel pounds ) 528 00:20:58,057 --> 00:21:00,026 Thank you. 529 00:21:12,071 --> 00:21:14,341 I'm sorry. 530 00:21:14,374 --> 00:21:15,742 Don't be. 531 00:21:15,775 --> 00:21:18,578 Look, I know you went to the mat on this one. 532 00:21:18,611 --> 00:21:20,713 Sometimes it just doesn't work out. 533 00:21:20,747 --> 00:21:22,482 I want Taft off the bench. 534 00:21:22,515 --> 00:21:24,751 And I want a '65 Stingray. 535 00:21:24,784 --> 00:21:25,818 I'm serious. 536 00:21:25,852 --> 00:21:26,853 I'm going after him. 537 00:21:26,886 --> 00:21:28,655 Casey, it's not worth it. 538 00:21:28,688 --> 00:21:31,358 Look, what good does it do anybody for you 539 00:21:31,358 --> 00:21:32,359 to kill your career? 540 00:21:32,392 --> 00:21:37,364 If this is justice, I don't want this career. 541 00:21:47,474 --> 00:21:48,541 Casey, what's wrong? 542 00:21:48,575 --> 00:21:49,642 I need a favor. 543 00:21:49,676 --> 00:21:51,578 If this is about Taft, forget it. 544 00:21:51,611 --> 00:21:53,112 I've been going through his decisions 545 00:21:53,145 --> 00:21:54,213 over the past ten years. 546 00:21:54,246 --> 00:21:56,516 He's capricious, he disregards procedure on a whim. 547 00:21:56,549 --> 00:21:58,485 He dismissed assault charges 548 00:21:58,518 --> 00:21:59,686 without a motion and without a hearing, 549 00:21:59,719 --> 00:22:02,121 and he repeatedly sets exorbitant bail to force pleas. 550 00:22:02,154 --> 00:22:04,391 Casey, this is a total waste of time. 551 00:22:04,391 --> 00:22:06,793 I and every attorney that asked for Taft's recusal, 552 00:22:06,826 --> 00:22:08,761 they lose, including another child poisoning case. 553 00:22:08,795 --> 00:22:10,930 The People vs. Rosalin Silvo. 554 00:22:10,963 --> 00:22:13,099 All right, let me see it. 555 00:22:13,132 --> 00:22:14,734 Here are the transcripts. 556 00:22:14,767 --> 00:22:16,736 Silvo takes her daughter to the emergency room, 557 00:22:16,769 --> 00:22:18,938 she gets arrested for poisoning her with antifreeze. 558 00:22:18,971 --> 00:22:20,840 She waives her jury at the trial, 559 00:22:20,873 --> 00:22:22,409 Taft disallows 560 00:22:22,442 --> 00:22:23,943 an expert witness who's going to testify 561 00:22:23,976 --> 00:22:25,878 that her daughter has a genetic disease. 562 00:22:25,912 --> 00:22:28,815 Silvo's attorney asks for Taft's recusal. 563 00:22:28,848 --> 00:22:31,684 Silvo's doing 25 to life. Do you know what this is? 564 00:22:31,718 --> 00:22:33,820 You don't know what this is. 565 00:22:33,853 --> 00:22:35,688 You have no idea what the circumstances were. 566 00:22:35,722 --> 00:22:38,124 This is grounds for getting his ass thrown off the bench. 567 00:22:38,157 --> 00:22:39,091 I need you to call Jack Dryer 568 00:22:39,125 --> 00:22:40,960 at the State Commission on Judicial Conduct 569 00:22:40,993 --> 00:22:41,928 and ask if anyone's filed 570 00:22:41,961 --> 00:22:45,164 any confidential complaints against Taft. 571 00:22:45,197 --> 00:22:46,065 No. Absolutely not. 572 00:22:46,098 --> 00:22:47,867 You want to talk to Dryer, be my guest. 573 00:22:47,900 --> 00:22:49,869 But I guarantee you he's going to laugh you 574 00:22:49,902 --> 00:22:50,970 out of his office. 575 00:22:51,003 --> 00:22:54,173 I'm asking you to make one phone call. 576 00:22:54,206 --> 00:22:56,443 And I'm telling you that nothing you've shown me 577 00:22:56,443 --> 00:22:58,945 proves that Taft has done anything unethical or improper. 578 00:22:58,978 --> 00:23:01,481 You find such proof, bring it to me. 579 00:23:01,514 --> 00:23:03,883 Otherwise, I'm done with this, Casey. 580 00:23:06,686 --> 00:23:08,588 Judge Taft is a pompous son of a bitch. 581 00:23:08,621 --> 00:23:11,991 I left criminal law because of him. 582 00:23:12,024 --> 00:23:13,092 What did he do? 583 00:23:13,125 --> 00:23:14,961 Well, for starters, wrongfully convicted my client 584 00:23:14,994 --> 00:23:16,963 of a crime she didn't commit. 585 00:23:16,996 --> 00:23:19,499 Your expert witness was ready to testify 586 00:23:19,532 --> 00:23:21,701 that her baby had a rare disease. 587 00:23:21,734 --> 00:23:23,570 He was a genetics professor. 588 00:23:23,603 --> 00:23:26,739 He believed the antifreeze evidence was a lab mistake. 589 00:23:26,773 --> 00:23:28,875 All I needed was the money to pay for the test. 590 00:23:28,908 --> 00:23:30,810 And because you were court-appointed, 591 00:23:30,843 --> 00:23:32,879 Judge Taft had to approve all expenses. 592 00:23:32,912 --> 00:23:33,880 He called the test junk science 593 00:23:33,913 --> 00:23:36,215 and wouldn't even let me introduce the theory. 594 00:23:36,248 --> 00:23:37,617 Yeah, well, he's changed. 595 00:23:37,650 --> 00:23:39,619 The Taft I know is a crusader for mothers. 596 00:23:39,652 --> 00:23:40,920 Oh, wait. Let me guess. 597 00:23:40,953 --> 00:23:43,490 You prosecuted June Cleaver-- 598 00:23:43,523 --> 00:23:46,225 wealthy, educated, husband still in the picture? 599 00:23:46,258 --> 00:23:47,927 You think he's got some kind of class bias? 600 00:23:47,960 --> 00:23:49,796 I think he's got a real specific idea 601 00:23:49,829 --> 00:23:50,730 of what a good mother is 602 00:23:50,763 --> 00:23:52,765 and Rosalin Silvo did not fit that mold-- 603 00:23:52,799 --> 00:23:56,569 poor, uneducated, no husband, two kids by two fathers. 604 00:23:56,603 --> 00:23:57,870 He thought she was a slut 605 00:23:57,904 --> 00:23:59,772 and he didn't even try to hide his contempt. 606 00:23:59,806 --> 00:24:01,774 After he denied my recusal motion, 607 00:24:01,808 --> 00:24:03,576 he let the word out to other judges 608 00:24:03,610 --> 00:24:05,545 and all my referrals dried up. 609 00:24:05,578 --> 00:24:08,781 I liked my job, but if I stayed he would've ruined me. 610 00:24:08,815 --> 00:24:09,982 I'm getting Taft off the bench. 611 00:24:10,016 --> 00:24:12,051 I need you to file a joint complaint with me 612 00:24:12,084 --> 00:24:13,920 to the judicial commission. 613 00:24:13,953 --> 00:24:15,788 You're nuts. I'm not going near this. 614 00:24:15,822 --> 00:24:17,590 So he puts an innocent woman in jail 615 00:24:17,624 --> 00:24:18,825 and that's okay with you? 616 00:24:18,858 --> 00:24:20,960 Your office helped put her in jail. 617 00:24:20,993 --> 00:24:23,530 Why don't you do something to help get her out? 618 00:24:26,032 --> 00:24:29,636 August 2, 1993, Rosalin Silvo shows up at St. Mary's ER 619 00:24:29,669 --> 00:24:31,671 with her one-year-old daughter Christine. 620 00:24:31,704 --> 00:24:34,240 The baby was lethargic, vomiting 621 00:24:34,273 --> 00:24:36,976 and having difficulty breathing. 622 00:24:37,009 --> 00:24:38,545 Docs ran tests and found high levels 623 00:24:38,545 --> 00:24:40,547 of ethylene glycol in her blood. 624 00:24:40,580 --> 00:24:41,948 That's the active ingredient in antifreeze. 625 00:24:41,981 --> 00:24:43,115 Christine was dead within hours, 626 00:24:43,149 --> 00:24:45,718 the hospital notified police that she'd been poisoned. 627 00:24:45,752 --> 00:24:48,020 Rosalin was charged with murder. 628 00:24:48,054 --> 00:24:49,221 Who's this other kid? 629 00:24:49,255 --> 00:24:51,891 They found out that Silvo was pregnant during her trial. 630 00:24:51,924 --> 00:24:53,059 Had the kid in prison. 631 00:24:53,092 --> 00:24:54,894 She's still in foster care. 632 00:24:54,927 --> 00:24:55,995 Here's the interesting thing. 633 00:24:56,028 --> 00:24:59,031 Cops never found antifreeze at Silvo's apartment. 634 00:24:59,065 --> 00:25:00,266 She could have tossed it on the way to the hospital. 635 00:25:00,299 --> 00:25:01,734 What did the M.E.'s office say? 636 00:25:01,768 --> 00:25:03,069 Confirmed the hospital's finding. 637 00:25:03,102 --> 00:25:04,937 Autopsy showed crystals in the baby's brain 638 00:25:04,971 --> 00:25:07,006 that could've been caused by drinking antifreeze. 639 00:25:07,039 --> 00:25:08,575 And they never turned up anything 640 00:25:08,608 --> 00:25:10,943 about this mystery genetic disease? 641 00:25:10,977 --> 00:25:12,579 There was a preliminary hearing 642 00:25:12,612 --> 00:25:13,846 about some cousin on the father's side 643 00:25:13,880 --> 00:25:15,314 who allegedly died of the same disease. 644 00:25:15,347 --> 00:25:17,584 But the defense lawyer couldn't find the dad, 645 00:25:17,584 --> 00:25:19,652 so Taft wouldn't allow the information to be introduced. 646 00:25:19,686 --> 00:25:22,088 I'm all for getting an innocent woman out of jail 647 00:25:22,121 --> 00:25:24,323 if she's innocent, but we don't have 648 00:25:24,356 --> 00:25:26,125 the manpower to fuel a vendetta, Casey. 649 00:25:26,158 --> 00:25:27,627 You know, Captain, it's really 650 00:25:27,660 --> 00:25:28,861 not that much work. 651 00:25:28,895 --> 00:25:30,329 I think we can swing it. 652 00:25:30,362 --> 00:25:31,831 Well, thank you for being 653 00:25:31,864 --> 00:25:33,332 such a real helper, Elliot. 654 00:25:33,365 --> 00:25:34,500 It's two interviews: the mother 655 00:25:34,601 --> 00:25:37,637 and the genetics professor who was supposed to testify. 656 00:25:37,670 --> 00:25:39,872 If nothing pans out, I'll drop it. 657 00:25:39,906 --> 00:25:41,708 Make it quick. 658 00:25:46,178 --> 00:25:48,948 MUNCH: Do you think Rosalin Silvo was innocent, Dr. Calvin? 659 00:25:48,981 --> 00:25:49,982 Well, it was a theory. 660 00:25:50,016 --> 00:25:51,150 In the end, an untested one. 661 00:25:51,183 --> 00:25:53,853 But it was possible her child had MMA, 662 00:25:53,886 --> 00:25:55,622 methylmalonic acidemia. 663 00:25:55,622 --> 00:25:56,623 What is it? 664 00:25:56,656 --> 00:25:57,624 The body lacks an enzyme 665 00:25:57,657 --> 00:25:59,692 to break down protein for energy production. 666 00:25:59,726 --> 00:26:01,628 Untreated, it can be fatal. 667 00:26:01,628 --> 00:26:02,662 The girl was a year old when she died. 668 00:26:02,695 --> 00:26:04,897 Wouldn't the mother have known something was wrong? 669 00:26:04,931 --> 00:26:06,633 Symptoms often don't appear 670 00:26:06,666 --> 00:26:08,167 for several months to over a year. 671 00:26:08,200 --> 00:26:10,937 Why'd the hospital say the baby was poisoned with antifreeze? 672 00:26:10,970 --> 00:26:14,040 Their lab found what they thought was ethylene glycol 673 00:26:14,073 --> 00:26:17,644 in the girl's blood, using gas chromatography. 674 00:26:17,677 --> 00:26:19,946 But MMA produces a substance 675 00:26:19,979 --> 00:26:22,915 that the older tests mistook for ethylene glycol. 676 00:26:22,949 --> 00:26:25,017 Would a newer test be able to tell the difference? 677 00:26:25,051 --> 00:26:26,385 Definitely. 678 00:26:26,418 --> 00:26:29,155 I just never got the chance to use it. 679 00:26:29,188 --> 00:26:30,690 SILVO: I kept waiting for someone 680 00:26:30,723 --> 00:26:32,191 to figure it out, you know? 681 00:26:32,224 --> 00:26:33,793 That it was all a mistake. 682 00:26:33,826 --> 00:26:35,094 Don't get your hopes up yet. 683 00:26:35,127 --> 00:26:35,962 There's no guarantee 684 00:26:35,995 --> 00:26:36,963 our investigation will get you out. 685 00:26:36,996 --> 00:26:39,866 I know. And it's okay if you think I'm guilty. 686 00:26:39,899 --> 00:26:43,135 I probably would if I were you. 687 00:26:43,169 --> 00:26:45,738 I think my daughter does sometimes. 688 00:26:45,772 --> 00:26:47,807 You want to see her picture? 689 00:26:47,840 --> 00:26:48,975 Sure. 690 00:26:49,008 --> 00:26:52,211 She's about what, ten now, right? 691 00:26:52,244 --> 00:26:53,913 Diana. 692 00:26:53,946 --> 00:26:57,684 She's living with a real nice foster family. 693 00:26:57,717 --> 00:27:00,152 Writes me letters and visits once in a while, 694 00:27:00,186 --> 00:27:01,988 but I don't know if that's so good. 695 00:27:02,021 --> 00:27:04,190 This place isn't right for a kid. 696 00:27:04,223 --> 00:27:06,826 Your lawyer thinks that Christine died 697 00:27:06,859 --> 00:27:08,394 of a rare disease. 698 00:27:08,427 --> 00:27:10,730 What do you think? 699 00:27:10,763 --> 00:27:12,832 She must have. She died. 700 00:27:12,865 --> 00:27:14,701 BENSON: Was she sick a lot? 701 00:27:14,734 --> 00:27:20,773 No, she was fussy sometimes, but mostly she was very happy. 702 00:27:20,807 --> 00:27:22,709 Maybe I wasn't paying attention. 703 00:27:22,709 --> 00:27:24,944 But she was sick when you took her to the hospital. 704 00:27:24,977 --> 00:27:29,148 She was throwing up and she wasn't breathing right. 705 00:27:29,181 --> 00:27:32,118 Everybody at the hospital was really nice to me 706 00:27:32,151 --> 00:27:33,886 until they did the tests. 707 00:27:33,920 --> 00:27:37,423 They started talking about antifreeze and poisoning, 708 00:27:37,456 --> 00:27:38,858 and I'm thinking, 709 00:27:38,891 --> 00:27:43,462 "My God, who would do this to my baby?" 710 00:27:43,495 --> 00:27:46,999 Then the cops showed up and arrested me. 711 00:27:47,033 --> 00:27:50,002 Christine died while they were taking my mug shots. 712 00:27:55,174 --> 00:28:00,813 We would like your permission to exhume Christine's body. 713 00:28:00,847 --> 00:28:02,248 Now, if there is any chance 714 00:28:02,281 --> 00:28:03,883 of proving that she wasn't murdered, 715 00:28:03,916 --> 00:28:08,855 that's what's got to be done. 716 00:28:08,888 --> 00:28:12,124 Diana asks me about her. 717 00:28:12,158 --> 00:28:16,763 I tell her Christine smiled all the time. 718 00:28:16,796 --> 00:28:19,766 That's what I like to remember. 719 00:28:19,766 --> 00:28:23,903 Not all this. 720 00:28:23,936 --> 00:28:27,473 Make sure they're good to her, okay? 721 00:28:32,311 --> 00:28:33,445 WARNER: We got lucky. 722 00:28:33,479 --> 00:28:36,783 Enough DNA from hair to test for the genetic mutation. 723 00:28:36,816 --> 00:28:38,284 Did the baby have MMA? 724 00:28:38,317 --> 00:28:39,385 Without a doubt. 725 00:28:39,418 --> 00:28:42,288 But MMA doesn't explain the calcium oxalate crystals 726 00:28:42,321 --> 00:28:44,791 the medical examiner found in the brain. 727 00:28:44,791 --> 00:28:47,193 These head CTs were in her medical records. 728 00:28:47,226 --> 00:28:49,962 The crystallization is consistent 729 00:28:49,996 --> 00:28:51,831 with ethylene glycol poisoning. 730 00:28:51,864 --> 00:28:53,499 Okay, so where did they come from? 731 00:28:53,532 --> 00:28:57,069 The hospital treated the baby with an ethanol drip. 732 00:28:57,103 --> 00:28:59,538 Right thing to do for antifreeze poisoning, 733 00:28:59,571 --> 00:29:03,209 exactly the wrong thing to do for a child with MMA. 734 00:29:03,242 --> 00:29:05,344 The ethanol caused the crystals to form 735 00:29:05,377 --> 00:29:07,546 and more than likely killed her. 736 00:29:07,579 --> 00:29:08,948 In other words, Rosalin Silvo 737 00:29:08,981 --> 00:29:12,919 just spent ten years in prison for nothing. 738 00:29:21,861 --> 00:29:23,963 I don't know how I can be more clear. 739 00:29:23,996 --> 00:29:26,232 Rosalin Silvo is innocent. 740 00:29:26,265 --> 00:29:28,968 Here's the M.E.'s report. 741 00:29:29,001 --> 00:29:31,337 Judge Taft let his bias run that courtroom. 742 00:29:31,370 --> 00:29:33,105 He pulled the same crap he always pulls, 743 00:29:33,139 --> 00:29:36,242 only this time he stole a woman's life. 744 00:29:36,275 --> 00:29:38,344 That son of a bitch. 745 00:29:38,377 --> 00:29:40,246 Seems to be the preferred way to describe this guy. 746 00:29:40,279 --> 00:29:41,113 It's a disgrace. 747 00:29:41,147 --> 00:29:43,115 He's an embarrassment to the bench. 748 00:29:43,149 --> 00:29:44,350 I'll worry about him 749 00:29:44,383 --> 00:29:47,119 as soon as I get Rosalin Silvo out of jail. 750 00:29:47,153 --> 00:29:49,388 She's going to need a defense attorney. 751 00:29:49,421 --> 00:29:51,123 I'll take her case. 752 00:29:51,157 --> 00:29:53,292 I'll have to write up the 4-40 motion right away. 753 00:29:55,161 --> 00:29:56,896 I already did it for you. 754 00:30:02,234 --> 00:30:04,136 As stated in our brief, 755 00:30:04,170 --> 00:30:06,072 we believe we have found sufficient evidence, 756 00:30:06,105 --> 00:30:08,307 previously unavailable at trial, 757 00:30:08,340 --> 00:30:10,977 proving the innocence of my client. 758 00:30:13,312 --> 00:30:17,049 Furthermore, the opportunity to obtain that evidence 759 00:30:17,083 --> 00:30:20,920 was denied to the defense by Judge Taft. 760 00:30:20,953 --> 00:30:25,324 Justice in this case was not only blind, it was cruel. 761 00:30:25,357 --> 00:30:28,060 Ms. Novak, where do the People stand? 762 00:30:28,094 --> 00:30:30,029 Your Honor, we're joining the defense's motion 763 00:30:30,062 --> 00:30:32,865 and ask that the court set aside Ms. Silvo's conviction. 764 00:30:32,899 --> 00:30:36,368 After reviewing the motion, I must concur with counsel. 765 00:30:36,402 --> 00:30:39,605 The only possible remedy is to vacate 766 00:30:39,638 --> 00:30:41,273 Ms. Silvo's conviction. 767 00:30:41,307 --> 00:30:42,942 We're adjourned. 768 00:30:42,975 --> 00:30:44,110 ( gavel bangs ) 769 00:30:44,143 --> 00:30:45,844 Thank you. 770 00:30:50,682 --> 00:30:52,318 Well, Judge Clark, it's nice 771 00:30:52,351 --> 00:30:54,921 to see you haven't forgot your meager beginnings 772 00:30:54,954 --> 00:30:57,890 as a legal aid attorney. 773 00:30:57,924 --> 00:30:58,958 Ms. Novak, 774 00:30:58,991 --> 00:31:00,359 are you going to be combing through 775 00:31:00,392 --> 00:31:02,661 all the decisions I've made? 776 00:31:02,694 --> 00:31:04,096 Because I can get the files, if you'd like. 777 00:31:04,130 --> 00:31:05,297 That depends. 778 00:31:05,331 --> 00:31:06,465 How many other defendants 779 00:31:06,498 --> 00:31:07,733 have you falsely convicted? 780 00:31:07,766 --> 00:31:11,270 History is full of mistakes, Ms. Novak, even your short history. 781 00:31:11,303 --> 00:31:12,939 You're not threatening her, are you? 782 00:31:12,972 --> 00:31:14,941 Some people might find that conduct unbecoming 783 00:31:14,974 --> 00:31:15,942 of an officer of the court. 784 00:31:15,942 --> 00:31:21,113 You can't bully your way out of this, Oliver. 785 00:31:28,320 --> 00:31:29,688 That almost makes me miss all this. 786 00:31:29,721 --> 00:31:31,490 ( cell phone rings ) I don't know, 787 00:31:31,523 --> 00:31:33,425 I think you'd miss your expense account more. 788 00:31:33,459 --> 00:31:34,961 Casey Novak. 789 00:31:39,231 --> 00:31:41,100 Oh, God. 790 00:31:41,133 --> 00:31:42,434 ( sirens wailing ) 791 00:31:46,538 --> 00:31:48,240 Why wasn't she in the hospital? 792 00:31:48,274 --> 00:31:49,375 Released. 793 00:31:49,408 --> 00:31:51,310 Her parents didn't want to put her in a nursing home. 794 00:31:51,343 --> 00:31:52,411 The aunt dropped by for a visit, 795 00:31:52,444 --> 00:31:54,246 found Alexis in her bed, already dead. 796 00:31:54,280 --> 00:31:55,982 Karen was the only one home. 797 00:31:56,015 --> 00:31:57,249 She finished the job. 798 00:31:57,283 --> 00:31:58,450 You have the right to remain silent. 799 00:31:58,484 --> 00:32:01,120 If you give up that right, anything you say can and will 800 00:32:01,153 --> 00:32:02,454 be used against you in a court of law. 801 00:32:02,488 --> 00:32:04,290 You have the right to an attorney. 802 00:32:04,323 --> 00:32:06,458 If you cannot afford one, one will be provided for you... 803 00:32:14,433 --> 00:32:16,135 STABLER: So, here we are again. 804 00:32:16,168 --> 00:32:19,205 What happened, you miss us? 805 00:32:19,238 --> 00:32:22,008 Look, Karen, I'm really just looking... 806 00:32:24,143 --> 00:32:25,211 ...for the explanation. 807 00:32:25,244 --> 00:32:27,179 I mean, you had the perfect out. 808 00:32:27,213 --> 00:32:29,748 You just place Alexis in a nursing home, 809 00:32:29,781 --> 00:32:32,384 you never even have to think about her again. 810 00:32:32,418 --> 00:32:36,222 I'm trying to understand why you had to kill her. 811 00:32:36,255 --> 00:32:37,323 Detective, you do understand 812 00:32:37,356 --> 00:32:39,391 the child was severely brain damaged from hypoxia. 813 00:32:39,425 --> 00:32:41,127 And that means she deserved to die? 814 00:32:41,160 --> 00:32:42,628 That means she died of injuries 815 00:32:42,661 --> 00:32:43,695 sustained from a prior 816 00:32:43,729 --> 00:32:45,164 accidental poisoning. 817 00:32:45,197 --> 00:32:47,133 That's convenient for you. 818 00:32:47,166 --> 00:32:48,067 It's also collateral estoppel. 819 00:32:48,100 --> 00:32:49,701 My client cannot be charged with murder 820 00:32:49,735 --> 00:32:50,569 having been acquitted 821 00:32:50,602 --> 00:32:52,304 of attempting the same alleged murder 822 00:32:52,338 --> 00:32:54,040 simply because the child died. 823 00:32:54,073 --> 00:32:56,242 Unless we're talking about two separate acts. 824 00:32:56,275 --> 00:32:57,576 Which we are, right, Karen? 825 00:32:59,711 --> 00:33:00,679 Alexis was suffocated. 826 00:33:00,712 --> 00:33:03,049 Poisoning had nothing to do with her death. 827 00:33:08,120 --> 00:33:10,122 You got nothing to say now, Karen? 828 00:33:10,156 --> 00:33:12,424 Come on, tell me what a good mother you are. 829 00:33:12,458 --> 00:33:13,325 Better yet, 830 00:33:13,359 --> 00:33:15,461 tell me how it feels to place a pillow 831 00:33:15,494 --> 00:33:17,563 over your daughter's face and suffocate her. 832 00:33:17,596 --> 00:33:18,564 I didn't want to... 833 00:33:18,597 --> 00:33:19,798 You didn't want to what? 834 00:33:19,831 --> 00:33:21,500 I didn't want to bring her home. 835 00:33:21,533 --> 00:33:24,103 Pete insisted. 836 00:33:24,136 --> 00:33:26,172 Yeah, and that's a lot of responsibility. 837 00:33:26,205 --> 00:33:27,139 A sick baby. 838 00:33:27,173 --> 00:33:29,208 You had to take care of her, all by yourself. 839 00:33:29,241 --> 00:33:30,509 She wouldn't stop crying. 840 00:33:30,542 --> 00:33:31,810 BENSON: That's frustrating. 841 00:33:31,843 --> 00:33:33,379 I just wanted her to be quiet. 842 00:33:33,412 --> 00:33:35,081 STABLER: So you killed her. 843 00:33:35,114 --> 00:33:36,515 You placed a pillow over her face 844 00:33:36,548 --> 00:33:39,185 and you killed her, Karen. 845 00:33:39,218 --> 00:33:40,186 It wasn't my fault. 846 00:33:40,219 --> 00:33:41,520 What was it an accident again? 847 00:33:41,553 --> 00:33:42,521 No. 848 00:33:42,554 --> 00:33:44,423 The judge said I should do it. 849 00:33:44,456 --> 00:33:46,525 It was his idea. 850 00:33:46,558 --> 00:33:48,094 What judge? 851 00:33:48,127 --> 00:33:49,561 Judge Taft. 852 00:33:49,595 --> 00:33:52,831 He said Alexis 853 00:33:52,864 --> 00:33:56,402 was too sick. 854 00:33:56,435 --> 00:33:58,104 I have other children 855 00:33:58,104 --> 00:33:59,438 to think about. 856 00:33:59,471 --> 00:34:01,440 He said, we would all be 857 00:34:01,473 --> 00:34:05,344 better off if Alexis just died. 858 00:34:05,377 --> 00:34:07,513 When did Judge Taft say this to you? 859 00:34:07,546 --> 00:34:10,549 The other day, 860 00:34:10,582 --> 00:34:13,552 in court, right before I testified. 861 00:34:13,585 --> 00:34:16,122 Interview is over, everybody out. 862 00:34:23,195 --> 00:34:24,330 Did I hear her right? 863 00:34:24,363 --> 00:34:26,165 That nut case thinks the judge 864 00:34:26,198 --> 00:34:27,866 told her to murder her daughter? 865 00:34:27,899 --> 00:34:29,868 Or she thinks it's a good way to get off a murder charge. 866 00:34:29,901 --> 00:34:31,002 STABLER: What the hell was Taft doing 867 00:34:31,036 --> 00:34:33,439 talking to a defendant alone, during a trial, anyway. 868 00:34:33,472 --> 00:34:34,440 Hanging himself. 869 00:34:34,473 --> 00:34:35,541 We got the bastard now. 870 00:34:35,574 --> 00:34:36,475 Doesn't that nullify her acquittal? 871 00:34:36,508 --> 00:34:38,310 NOVAK: Sure does. Not that it matters. 872 00:34:38,344 --> 00:34:39,578 We got her on homicide. 873 00:34:39,611 --> 00:34:40,646 I want to make this clear: 874 00:34:40,679 --> 00:34:43,449 I had no knowledge of this ex parte communication 875 00:34:43,482 --> 00:34:45,651 and as an officer of the court, I would've been duty-bound 876 00:34:45,684 --> 00:34:47,153 to inform you immediately. 877 00:34:47,153 --> 00:34:47,919 What did he say? 878 00:34:47,953 --> 00:34:49,521 Well, apparently he saw her crying 879 00:34:49,555 --> 00:34:50,622 on the elevator at lunch. 880 00:34:50,656 --> 00:34:53,159 She alleges that he told her that she had to think 881 00:34:53,159 --> 00:34:55,294 of her other children now and that Alexis might be 882 00:34:55,327 --> 00:34:56,595 better off if she died, anyway. 883 00:34:56,628 --> 00:34:58,730 And Karen's using that to justify killing her? 884 00:34:58,764 --> 00:35:00,899 Then he advised her to get psychiatric help 885 00:35:00,932 --> 00:35:03,202 so that this tragedy wouldn't happen again. 886 00:35:03,235 --> 00:35:04,670 He told her to get a shrink? 887 00:35:04,703 --> 00:35:06,338 That's what she said. 888 00:35:06,372 --> 00:35:09,175 And I think it's a fine idea. 889 00:35:09,208 --> 00:35:12,644 Uh, I've advised her not to answer any more questions. 890 00:35:14,380 --> 00:35:15,547 Let's get her booked. 891 00:35:15,581 --> 00:35:17,583 After that, go pick up Taft. 892 00:35:17,616 --> 00:35:19,218 CRAGEN: On what charges? 893 00:35:19,251 --> 00:35:21,720 Criminal Facilitation Two. 894 00:35:21,753 --> 00:35:23,489 Taft told Karen to get help, which means 895 00:35:23,522 --> 00:35:25,524 he knew Alexis' poisoning was no accident. 896 00:35:25,557 --> 00:35:27,626 He was afraid she'd try it again with her other kids. 897 00:35:27,659 --> 00:35:30,229 Acquitting her gave her the means and the opportunity 898 00:35:30,262 --> 00:35:31,430 to commit a Class A felony. 899 00:35:31,463 --> 00:35:33,665 He's protected by judicial immunity, Casey. 900 00:35:33,699 --> 00:35:35,534 He smoked his judicial immunity 901 00:35:35,567 --> 00:35:38,304 the second he had an ex parte communication 902 00:35:38,337 --> 00:35:39,438 with the defendant. 903 00:35:41,573 --> 00:35:44,310 ( mellow jazz playing ) 904 00:35:44,343 --> 00:35:46,512 Excuse me. 905 00:35:46,545 --> 00:35:48,480 Excuse me. 906 00:35:49,481 --> 00:35:50,449 Detectives. 907 00:35:50,482 --> 00:35:52,618 If you wanted an invite, 908 00:35:52,651 --> 00:35:54,786 all you had to do was ask. 909 00:35:54,820 --> 00:35:56,688 We thought we'd class the place up a little bit. 910 00:35:56,722 --> 00:35:59,258 You're going to need to step outside with us, Judge Taft. 911 00:35:59,291 --> 00:36:00,259 Why? 912 00:36:00,292 --> 00:36:01,960 STABLER: Just a private chat. 913 00:36:01,993 --> 00:36:02,961 About what? 914 00:36:02,994 --> 00:36:04,663 Alexis Campbell is dead. 915 00:36:04,696 --> 00:36:06,332 Karen suffocated her. 916 00:36:06,365 --> 00:36:09,601 You knew that she was a danger to that little girl, 917 00:36:09,635 --> 00:36:10,669 and you let her go. 918 00:36:10,702 --> 00:36:11,770 This is absurd. 919 00:36:11,803 --> 00:36:12,838 Your Honor, you know 920 00:36:12,871 --> 00:36:17,243 the law says we can't arrest you in your own home, 921 00:36:17,276 --> 00:36:20,446 so, if you want, we could make a big scene. 922 00:36:24,716 --> 00:36:27,519 You all are going to be very sorry for this. 923 00:36:27,553 --> 00:36:29,755 And you're going to look so pretty for your mug shot. 924 00:36:37,028 --> 00:36:40,366 Docket Number 42768, People v. Oliver Taft, 925 00:36:40,399 --> 00:36:43,402 Criminal Facilitation in the Second Degree. 926 00:36:43,435 --> 00:36:44,970 What is this? 927 00:36:45,003 --> 00:36:45,837 Your Honor, the defendant is being charged 928 00:36:45,871 --> 00:36:48,640 with knowingly facilitating a murder. 929 00:36:48,674 --> 00:36:49,808 This is an outrage, Your Honor. 930 00:36:49,841 --> 00:36:52,278 An overzealous ADA is upset because she lost her case 931 00:36:52,278 --> 00:36:53,979 and is using the courts to exact retaliation. 932 00:36:54,012 --> 00:36:55,281 He acted beyond the scope 933 00:36:55,314 --> 00:36:56,915 of his position by communicating ex parte 934 00:36:56,948 --> 00:37:00,552 with a woman who later committed murder. 935 00:37:00,586 --> 00:37:01,953 JUDGE: There's no grounds for these charges. 936 00:37:01,987 --> 00:37:05,023 An acquittal does not constitute aid to commit a felony. 937 00:37:05,056 --> 00:37:06,091 Your Honor... 938 00:37:06,124 --> 00:37:08,026 You're making a mockery of this court, Ms. Novak. 939 00:37:08,059 --> 00:37:09,828 I'm throwing the charges out. 940 00:37:09,861 --> 00:37:11,497 This is hubris and it reeks 941 00:37:11,530 --> 00:37:12,664 of professional misconduct. 942 00:37:12,698 --> 00:37:13,465 And you better believe 943 00:37:13,499 --> 00:37:14,966 Arthur Branch will hear about it. 944 00:37:15,000 --> 00:37:17,569 The charges are dismissed, Judge Taft, 945 00:37:17,603 --> 00:37:18,837 with my apologies. 946 00:37:18,870 --> 00:37:19,971 You're free to go. 947 00:37:20,005 --> 00:37:21,473 We're at recess. 948 00:37:21,507 --> 00:37:22,474 ( gavel pounds ) 949 00:37:25,611 --> 00:37:27,813 Well, I'll say this for you, you've got balls. 950 00:37:27,846 --> 00:37:28,880 He probably won't get 951 00:37:28,914 --> 00:37:29,915 more than a censure 952 00:37:29,948 --> 00:37:31,950 from the Judicial Commission for the ex parte. 953 00:37:31,983 --> 00:37:32,951 We'll see. 954 00:37:32,984 --> 00:37:33,952 And don't forget, 955 00:37:33,985 --> 00:37:35,821 now you've got a star witness 956 00:37:35,854 --> 00:37:37,723 for Karen Campbell's murder trial. 957 00:37:43,729 --> 00:37:46,798 Judge Taft, for the record, you are here under a subpoena, 958 00:37:46,832 --> 00:37:49,034 which you unsuccessfully tried to quash. 959 00:37:49,067 --> 00:37:51,069 That's correct. 960 00:37:51,102 --> 00:37:52,904 You presided over Karen Campbell's 961 00:37:52,938 --> 00:37:54,005 attempted murder trial, 962 00:37:54,039 --> 00:37:56,575 in which she waived her right to a jury, correct? 963 00:37:56,608 --> 00:37:57,643 I did. 964 00:37:57,676 --> 00:37:58,777 What was your verdict? 965 00:37:58,810 --> 00:37:59,778 Not guilty. 966 00:37:59,811 --> 00:38:00,979 Why? 967 00:38:01,012 --> 00:38:05,717 I felt the People had not sufficiently proven their case 968 00:38:05,751 --> 00:38:06,418 against the defendant. 969 00:38:06,452 --> 00:38:07,819 So you think she didn't try 970 00:38:07,853 --> 00:38:09,588 to kill her daughter the first time. 971 00:38:09,621 --> 00:38:10,856 I believe I already answered 972 00:38:10,889 --> 00:38:12,858 your question, counselor. 973 00:38:12,891 --> 00:38:14,560 Is that why you spoke to Karen Campbell 974 00:38:14,593 --> 00:38:16,628 during her trial, because you thought she was innocent? 975 00:38:17,729 --> 00:38:22,868 I admit the conversation with the defendant was ill-advised. 976 00:38:22,901 --> 00:38:24,703 We were on the same elevator. 977 00:38:24,736 --> 00:38:27,706 She was distraught about the condition of her daughter. 978 00:38:27,739 --> 00:38:31,743 I allowed my empathy to overrule my intellect. 979 00:38:31,777 --> 00:38:33,779 Did it ever occur to you that Karen Campbell might 980 00:38:33,812 --> 00:38:35,647 be responsible for her daughter's condition? 981 00:38:35,681 --> 00:38:36,682 Your Honor, I must object 982 00:38:36,715 --> 00:38:38,650 to this line of questioning. 983 00:38:38,684 --> 00:38:41,720 I'm here to discuss what I said to the defendant, 984 00:38:41,753 --> 00:38:43,088 not to discuss my thoughts 985 00:38:43,121 --> 00:38:44,089 or feelings about her. 986 00:38:44,122 --> 00:38:45,090 On the contrary, Your Honor. 987 00:38:45,123 --> 00:38:47,125 The defendant claims Judge Taft instructed her 988 00:38:47,158 --> 00:38:48,126 to kill her daughter. 989 00:38:48,159 --> 00:38:49,695 It's important to establish 990 00:38:49,728 --> 00:38:50,762 the witness' state of mind 991 00:38:50,796 --> 00:38:52,831 at the time of the conversation. 992 00:38:52,864 --> 00:38:54,933 Judge Taft, answer the question. 993 00:38:54,966 --> 00:38:56,101 I will remind you 994 00:38:56,134 --> 00:38:58,637 that you have no legal standing 995 00:38:58,670 --> 00:39:00,105 to object in this court. 996 00:39:00,138 --> 00:39:02,140 You felt sorry for the defendant, 997 00:39:02,173 --> 00:39:05,076 so you must have decided that she was innocent, 998 00:39:05,110 --> 00:39:07,846 even though the trial hadn't yet concluded. 999 00:39:07,879 --> 00:39:08,847 That's not true. 1000 00:39:08,880 --> 00:39:10,749 So you thought she was guilty? 1001 00:39:10,782 --> 00:39:13,819 I hadn't yet formed an opinion, as you just said. 1002 00:39:13,852 --> 00:39:16,555 The trial had not concluded. 1003 00:39:16,588 --> 00:39:18,690 I know, which is why it's so strange 1004 00:39:18,724 --> 00:39:20,526 that you were talking to her. 1005 00:39:20,559 --> 00:39:22,594 Why did you tell the defendant 1006 00:39:22,628 --> 00:39:24,463 to seek psychiatric help 1007 00:39:24,496 --> 00:39:26,965 so this tragedy doesn't occur again? 1008 00:39:26,998 --> 00:39:29,435 She was upset. Because it sounds 1009 00:39:29,468 --> 00:39:31,470 like you think she really did poison her daughter. 1010 00:39:31,503 --> 00:39:32,438 It was a mistake. 1011 00:39:32,438 --> 00:39:34,506 Is that what you want me to say, Ms. Novak? 1012 00:39:34,540 --> 00:39:36,542 One mistake in almost three decades on the bench? 1013 00:39:36,575 --> 00:39:38,677 Didn't you make another arguably bigger mistake 1014 00:39:38,710 --> 00:39:40,646 when you wrongfully convicted Rosalin Silvo 1015 00:39:40,679 --> 00:39:42,781 of murdering her daughter and sent her to prison 1016 00:39:42,814 --> 00:39:43,782 for ten years? 1017 00:39:43,815 --> 00:39:45,484 That's a totally separate issue 1018 00:39:45,517 --> 00:39:46,918 and completely immaterial to this case. 1019 00:39:46,952 --> 00:39:48,520 You can't object, Judge Taft. 1020 00:39:48,554 --> 00:39:50,622 JUDGE: But I can, Ms. Novak. 1021 00:39:50,656 --> 00:39:52,958 Get back to the case at hand. 1022 00:39:54,626 --> 00:39:57,463 Did you tell Karen Campbell to suffocate her daughter? 1023 00:39:57,496 --> 00:39:58,697 Absolutely not. 1024 00:39:58,730 --> 00:40:01,500 But you talked to her, even though it was clearly improper. 1025 00:40:01,533 --> 00:40:02,300 It was a mistake. 1026 00:40:02,468 --> 00:40:03,669 You don't make mistakes, though. 1027 00:40:03,702 --> 00:40:04,670 You make judgments. 1028 00:40:04,703 --> 00:40:06,472 Who's innocent? Who's guilty? 1029 00:40:06,505 --> 00:40:08,674 You saw Rosalin Silvo and she was a whore. 1030 00:40:08,707 --> 00:40:09,975 That means she's a bad mother. 1031 00:40:10,008 --> 00:40:11,777 And then you saw Karen Campbell. 1032 00:40:11,810 --> 00:40:13,679 Why did you talk to her, Judge? 1033 00:40:13,712 --> 00:40:14,680 Your Honor? 1034 00:40:14,713 --> 00:40:15,681 Why talk to Karen Campbell? 1035 00:40:15,714 --> 00:40:16,982 Why talk to a woman that tried 1036 00:40:17,015 --> 00:40:18,016 to murder her daughter? 1037 00:40:18,049 --> 00:40:19,651 I didn't know. Didn't know what? 1038 00:40:19,685 --> 00:40:21,853 That she'd turn around and try to do it again? 1039 00:40:21,887 --> 00:40:23,789 I thought they were good people! 1040 00:40:23,822 --> 00:40:25,757 ( gavel pounds ) That's enough. 1041 00:40:25,791 --> 00:40:28,794 Ms. Novak, try that again and you're in contempt. 1042 00:40:28,827 --> 00:40:29,828 Sir, you will be 1043 00:40:29,861 --> 00:40:32,664 as well, if you don't sit down. 1044 00:40:32,698 --> 00:40:34,600 Now. 1045 00:40:40,806 --> 00:40:43,609 Nothing further. 1046 00:40:46,778 --> 00:40:49,047 On the sole charge of murder in the second degree, 1047 00:40:49,080 --> 00:40:50,081 how do you find? 1048 00:40:50,115 --> 00:40:52,183 We find the defendant guilty. 1049 00:40:52,217 --> 00:40:53,952 Ladies and gentlemen of the jury, 1050 00:40:53,985 --> 00:40:56,788 you've performed your duties admirably. 1051 00:40:56,822 --> 00:40:59,190 And I thank you for your service. 1052 00:40:59,224 --> 00:41:01,226 And may I say, for the record, 1053 00:41:01,259 --> 00:41:05,230 this is a crime that could've been prevented. 1054 00:41:05,263 --> 00:41:07,699 While this trial exemplifies 1055 00:41:07,733 --> 00:41:11,236 the very best aspects of our legal system, 1056 00:41:11,269 --> 00:41:13,539 it has also highlighted its flaws. 1057 00:41:13,572 --> 00:41:15,841 It is my sincere hope that in the future, 1058 00:41:15,874 --> 00:41:21,713 those flaws can be corrected. 1059 00:41:21,747 --> 00:41:24,716 The defendant will be held over for sentencing. 1060 00:41:24,750 --> 00:41:26,618 This court is adjourned. 1061 00:41:26,652 --> 00:41:28,153 ( gavel pounds ) 1062 00:41:45,336 --> 00:41:46,371 Your Honor, this way! 1063 00:41:46,404 --> 00:41:48,607 The Chief Administrative Judge says you're going 1064 00:41:48,640 --> 00:41:50,609 to be reassigned to civil court. What's your reaction? 1065 00:41:50,642 --> 00:41:52,744 The previous conviction of Rosalin Silvo was overturned, 1066 00:41:52,778 --> 00:41:54,946 how many other of your verdicts have come under scrutiny? 1067 00:41:54,980 --> 00:41:56,047 What about the rumor that the governor has asked 1068 00:41:56,081 --> 00:41:58,984 the Judicial Commission to investigate your conduct?