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NARRATOR:
In the criminal justice system

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the people are represented by two
separate yet equally important groups,

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the police
who investigate crime

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and the district attorneys
who prosecute the offenders.

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These are their stories.

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It comes furnished.
If you want it, it's yours,

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as soon as I get the
legal stuff worked out.

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Ah, first time I've been
up since they're gone.

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I'll get it cleaned
up if you want.

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You're sure the tenants
aren't coming back?

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After six weeks?
They're gone for good.

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At least I won't have to hear their
bundle of joy crying all night.

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You'll repaint?

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Yeah. And you pick
your fabric swatches.

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That's the bath, and that's
the bedroom next to it.

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Sign it or lose it.

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Big call for places this sweet.

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GINA: Kevin!

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JOE: That I can fix.

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What happened here?

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It looks like blood.

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KEVIN: My God.

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Anything?

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Just a bunch of unopened bottles
and a sealed can of formula.

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Bathroom?

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Broken mirror, blood on glass shards,
blood trail leading into the bedroom,

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in the crib.

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Bag the shards and
dust the crib. Thanks.

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How long the Beltrans live here?

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I signed the lease a couple
of months before she popped.

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Maybe it was a month or two
old when they took off.

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Any idea where?

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Nah, they're from
upstate somewheres.

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It's on their
rental application.

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How about where they worked?

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That's on the application, too.

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When'd you first
notice they were gone?

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When I first noticed I hadn't heard them
screaming at each other in a couple of days.

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BRISCOE: And when
was that?

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Oh, landlord calls
me last week, right?

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Says they missed two rent payments.
So I knock on the door. Nothing.

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I phone, it's disconnected.

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And when did you last see them?

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Her, I don't know. But him, he came
out the front door a month ago.

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He had a suitcase so big
you could put a desk in it.

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Or a body.

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They lived there four months.
The neighbors didn't know them.

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No one knew them. Who were
these people, CIA?

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CIA'd be neater.

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Lease gave an address and a
former employer up in Cortland.

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We called. Jimmy Beltran lived
and worked there two years.

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Nobody's heard from him.

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Family?
None we can find.

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What about the girl?

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Super puts her at about 18.

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Him, 25, 26.

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Maiden name?
ED: Not on the lease.

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Well, maybe it's on the
baby's birth certificate.

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Let's hope she had it in the
hospital and not in the closet.

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Maiden name Steffano.
Father's name Beltran.

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Son, Kyle. Born October 10th.
Full term.

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And, uh, the baby's blood type?
Why?

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Well, there was blood in the apartment.
We need to know whose it was.

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Hospital's discretion as to whether or
not we type the kid at birth. We don't.

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You test for AIDS, don't you?

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Yes. Baby and mother. We don't
check blood type. Sorry.

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And apparently you don't check
for insurance coverage either.

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Outstanding hospital
bills for over a grand.

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We knew where he worked.
Taylor Lumber.

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Started mid-September,
lasted a couple of months.

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I felt bad. Young guy just starting out.
Wife, new baby.

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Yeah, I remember what that's like,
but I got a business to run.

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So you let him go?

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I didn't have a choice.
I couldn't depend on him.

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Sometimes he didn't show.

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What was his problem?

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The wife. The baby.

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When's the last you saw of him?

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When I fired him.

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How'd he take that?

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Well, it's always touchy. You don't
know if a guy's gonna go nuts on you.

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But, uh, Jimmy just looked at me
like he knew what was coming.

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Then he just left.

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Have you talked
to him since then?

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A few days later I called
him about his check.

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Nobody was home. I left a
message, but I never heard back.

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What'd you do with the check?

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I mailed it to his parents.

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The address was on his job app.

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(KNOCKING ON DOOR)

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Can I help you?

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Oh, we're looking for
a James E. Beltran.

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Are you
Mrs. Helene Beltran?

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Who's asking?

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New York City detectives.

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Jimmy owe money?

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No, he and his family left their
apartment and didn't give notice.

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We just need to know
everyone's okay.

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You'd leave, too, if she tells you it's
over and takes your flesh and blood.

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What, his wife's got the kid?

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Yes. Jimmy said.

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Jimmy around?

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He's working.

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Where?

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You gonna arrest him 'cause
he left his apartment?

106
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No, ma'am. We just
want to talk to him.

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He works over
at Palisade Supply.

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It's a hardware store
on Fourth Street.

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Jimmy's on deliveries.

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You got a copy
of his route list?

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Yeah, somewhere around here.

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Here, take mine.
Thanks.

113
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Uh, his mom just called, too. Said
she was gonna call him on his cell.

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Ever know a mom
who didn't call?

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He just dropped the
load and took off.

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Didn't even take it inside
or give me a receipt.

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How long ago did he leave?

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Two minutes.
He went to his truck.

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(HORNS HONKING)
(PEOPLE SHOUTING)

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MAN: What are you
doing up there!

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Mr. Beltran? James Beltran!
Police! (TIRES SQUEALING)

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Move, move, move! Stop! Stop!

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You got sneakers, I got a gun.
Figure the odds.

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Turn around.
Hands on the wall.

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Where's your wife and son?

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I got nothing to say.

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Correction. You
got a lot to say.

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There was blood in the bathroom,
in the bedroom, in the crib.

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How'd that get there?

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I don't know.

131
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Why'd you skip
out on your rent?

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I lost my job.

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Seems like you misplaced
your wife and your kid, too.

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I'm telling you, Beltran,
I don't like baby killers.

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Unless you start talking, I'm gonna ask
my partner to leave you and me alone.

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Just say the word, Lennie.

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(DOOR OPENING)

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Mr. Beltran, just got a search warrant
for your things at your parents' house.

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Anything you want to tell me
before I send my detectives over?

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She dumps him, and he's
the one in trouble.

141
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Where's the sense?

142
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This is interesting.

143
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Our Mother of Sorrows Church
activities pamphlet. And this.

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Is this your daughter-in-law
and grandson?

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That's Amy and Kyle with Jimmy.

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"Kyle, three weeks old."

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Mother of Sorrows is right.

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Month and a half, this man's been
coming here to morning mass.

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Every morning?

150
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Two, three times a week. He
doesn't always take communion.

151
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Have you spoken
to him personally?

152
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No. He seemed upset. Often
stood near the confessional.

153
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I hoped he'd come in, but you
can't make someone confess.

154
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You wanna bet?

155
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Uh, he ever speak to any
of the other parishioners?

156
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I don't know.
He always sat by himself.

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I hope you find
his wife and baby.

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So do we. Thanks, Father.

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Have you seen this young
man in this church here?

160
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I've seen him here a lot.

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You talk to him?

162
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No.

163
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He was quiet.

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He shined his light to God.

165
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He lit candles?

166
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Lit them. Prayed.

167
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Two candles.

168
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Every time, two candles?

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Every day.

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A God-fearing man
showing his respect.

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Thank you, very much.

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He was looking for
away out of hell.

173
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Hmm.

174
00:08:04,600 --> 00:08:06,240
What are you talking about?

175
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Your son's been arrested,
Mr. Beltran, and he's not talking.

176
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All the lawyer's willing to
admit is that Jimmy says

177
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the last person who
saw Kyle was Amy.

178
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That's not possible.

179
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She told me he was fine.

180
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Who told you?
Amy.

181
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Not two weeks ago.

182
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Where did you see her?

183
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I didn't. She called looking for Jim.
He was out.

184
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I told her we wanted
to see our grandson.

185
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She said, "Don't worry
about it. He's fine."

186
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Where was she calling from?

187
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I don't know. She
didn't leave a number.

188
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Do you know the exact
day the call was?

189
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Wednesday. Tuesday, maybe.

190
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Listen.

191
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My son didn't hurt nobody.

192
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Your son has a temper.

193
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Amy had a mouth.

194
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Yeah, why don't you
try and find her?

195
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Do you have any
idea where she is?

196
00:08:49,710 --> 00:08:50,710
Maybe her parents?

197
00:08:50,780 --> 00:08:53,630
They live upstate. We don't know exactly where.
We never met them.

198
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They didn't show up
for the wedding?

199
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Jimmy and Amy eloped.

200
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Amy couldn't tell her
parents about the pregnancy.

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ED: Do you know
if she had a job?

202
00:09:01,090 --> 00:09:05,010
She used to work part-time at a
video store before Kyle was born.

203
00:09:06,260 --> 00:09:07,500
DAUBER: Amy was
part-time help.

204
00:09:07,560 --> 00:09:09,270
BRISCOE: Have you seen her lately?
No.

205
00:09:09,330 --> 00:09:10,840
Is her address on that?

206
00:09:12,200 --> 00:09:14,680
No, that's their apartment.
Anything more recent?

207
00:09:15,070 --> 00:09:16,520
Nothing later, huh?
Nothing.

208
00:09:16,570 --> 00:09:17,780
Why'd she quit?

209
00:09:17,840 --> 00:09:20,720
Her husband didn't want her to
work once the baby was born.

210
00:09:20,780 --> 00:09:22,280
But I think she liked it here.

211
00:09:22,350 --> 00:09:23,550
ED: What makes
you say that?

212
00:09:23,610 --> 00:09:26,220
She had a friend. She used all her
breaks to chat up this kid from

213
00:09:26,280 --> 00:09:28,920
Gayley's Coffee House
next door, cop a cigarette.

214
00:09:29,020 --> 00:09:30,830
A cigarette?
Wasn't she pregnant?

215
00:09:30,920 --> 00:09:32,660
Yeah. Told me she
was trying to quit.

216
00:09:32,720 --> 00:09:33,790
You know this kid's name?

217
00:09:33,860 --> 00:09:35,500
No. But you can't miss him.

218
00:09:35,560 --> 00:09:38,940
He's the only one with earrings in
more places than you can put holes.

219
00:09:40,660 --> 00:09:42,540
I don't know where she is.
Why don't you ask her husband?

220
00:09:42,600 --> 00:09:44,550
They split up.
Well, no surprise there.

221
00:09:44,600 --> 00:09:45,600
Oh, really?

222
00:09:45,670 --> 00:09:47,880
Yeah, he'd yell at her
for being immature.

223
00:09:47,940 --> 00:09:50,110
Said she couldn't handle
herself, let alone a baby.

224
00:09:50,170 --> 00:09:52,180
You two sound pretty close.

225
00:09:52,240 --> 00:09:54,980
You part of the reason
why she left her husband?

226
00:09:55,150 --> 00:09:56,420
No, man.

227
00:09:56,480 --> 00:09:58,590
I got a girlfriend in Philly
I see every weekend.

228
00:09:58,650 --> 00:10:02,390
I sure as hell don't need Amy's husband
showing up with a baby looking for her.

229
00:10:02,450 --> 00:10:04,260
Jimmy has the baby?

230
00:10:04,860 --> 00:10:07,560
Yeah. That's what she told me.

231
00:10:07,620 --> 00:10:09,160
He kicked her out,
took the kid.

232
00:10:09,260 --> 00:10:11,500
So you've talked to her
in the last six weeks?

233
00:10:11,830 --> 00:10:12,830
No.

234
00:10:13,630 --> 00:10:16,980
Kyle and Amy Beltran have been
missing for six or seven weeks,

235
00:10:17,030 --> 00:10:20,450
so you had to have talked to her after
Jimmy took the baby and threw her out.

236
00:10:20,540 --> 00:10:23,020
She showed up one day
a while back for a coffee.

237
00:10:23,070 --> 00:10:24,610
I didn't mark
it on my calendar.

238
00:10:24,670 --> 00:10:26,280
She tell you where
she was staying?

239
00:10:26,380 --> 00:10:27,380
No.

240
00:10:27,440 --> 00:10:28,920
You haven't talked
to her since then?

241
00:10:29,250 --> 00:10:30,250
No.

242
00:10:30,310 --> 00:10:34,780
You know, if you're a part of this and there's
something wrong with Amy or the baby,

243
00:10:34,850 --> 00:10:37,800
you're an accessory, Mitch.
You can go to jail.

244
00:10:37,990 --> 00:10:39,430
Look, I don't know anything.

245
00:10:40,120 --> 00:10:41,120
Okay?

246
00:10:41,730 --> 00:10:43,100
Yeah, okay.

247
00:10:44,490 --> 00:10:45,940
Find out where he lives.

248
00:10:46,000 --> 00:10:47,980
And if he's got company.

249
00:10:49,030 --> 00:10:50,100
ED: How many of
these you done?

250
00:10:51,440 --> 00:10:52,440
Stake-outs?

251
00:10:53,970 --> 00:10:55,570
No. Dead babies.

252
00:10:55,770 --> 00:10:57,950
Hey, we don't know
the baby's dead.

253
00:10:58,440 --> 00:10:59,440
Right.

254
00:11:00,740 --> 00:11:02,780
To answer your
question, too many.

255
00:11:04,150 --> 00:11:05,150
It's my first.

256
00:11:05,880 --> 00:11:07,090
That's too many.

257
00:11:14,930 --> 00:11:15,930
Here.

258
00:11:18,260 --> 00:11:20,260
At least we know
he has a hobby.

259
00:11:20,330 --> 00:11:22,070
And a place to enjoy it.

260
00:11:22,330 --> 00:11:24,740
Hey, look at this. Tampons.

261
00:11:24,800 --> 00:11:26,610
Pretty big for Q-tips.

262
00:11:28,410 --> 00:11:29,780
You guys are harassing me.

263
00:11:29,840 --> 00:11:30,940
(CHUCKLES) Not yet.

264
00:11:31,010 --> 00:11:32,280
Is Amy Beltran here?

265
00:11:32,340 --> 00:11:33,620
No, man. I told you.

266
00:11:33,680 --> 00:11:36,180
Yeah, but we got miffed
when it wasn't true.

267
00:11:36,280 --> 00:11:39,230
What are these for? To hang
on the Christmas tree?

268
00:11:39,620 --> 00:11:40,750
My sister's staying here.

269
00:11:40,820 --> 00:11:42,820
Your sister? I'd love to meet her.
Hey, you guys got a warrant?

270
00:11:42,890 --> 00:11:44,960
'Cause we're done.
Did you just hear a baby cry?

271
00:11:45,020 --> 00:11:46,430
Clear as day.
What baby?

272
00:11:46,490 --> 00:11:49,700
There's no baby here.
Exigent circumstances.

273
00:11:55,370 --> 00:11:56,670
Where's your baby?

274
00:11:56,970 --> 00:11:58,570
He's with Jimmy.

275
00:12:01,640 --> 00:12:03,240
AMY: Jimmy has Kyle.

276
00:12:03,310 --> 00:12:04,940
He says you do.

277
00:12:05,010 --> 00:12:07,650
He took my baby
I don't know where.

278
00:12:07,780 --> 00:12:11,120
If you don't know where, why'd you
call his parents' home asking for him?

279
00:12:11,180 --> 00:12:13,180
I figured Jimmy would go there.

280
00:12:13,250 --> 00:12:14,520
With your baby?

281
00:12:14,780 --> 00:12:16,760
The baby his parents
said you had?

282
00:12:16,950 --> 00:12:17,950
Yes.

283
00:12:19,160 --> 00:12:20,600
I don't know.

284
00:12:20,660 --> 00:12:22,570
Why would Jimmy say
you had your son?

285
00:12:22,630 --> 00:12:24,540
I don't know, he was angry.

286
00:12:24,590 --> 00:12:26,270
What happened between
you and Jimmy?

287
00:12:26,330 --> 00:12:28,310
We just didn't
get along, is all.

288
00:12:28,370 --> 00:12:29,610
What about the blood
in the apartment?

289
00:12:29,670 --> 00:12:32,240
I don't know. I just left.

290
00:12:32,300 --> 00:12:34,510
Why'd you tell Jimmy's
father Kyle was fine?

291
00:12:34,870 --> 00:12:36,650
I thought he was.

292
00:12:37,270 --> 00:12:39,080
I always thought he was.

293
00:12:41,910 --> 00:12:43,520
She was worried.

294
00:12:43,750 --> 00:12:45,750
VAN BUREN: What was
she worried about?

295
00:12:46,020 --> 00:12:47,890
How her life was gonna change.

296
00:12:47,950 --> 00:12:49,360
Change how?

297
00:12:49,420 --> 00:12:52,330
Her free time. Her
relationship with Jimmy.

298
00:12:52,560 --> 00:12:55,200
She said she'd feel trapped
being with a baby all day.

299
00:12:55,330 --> 00:12:57,360
What about after
the baby was born?

300
00:12:59,100 --> 00:13:03,440
Mr. Palichek, I really don't
have patience for this.

301
00:13:04,430 --> 00:13:06,240
She left it sometimes.

302
00:13:06,700 --> 00:13:08,410
Left the baby alone?

303
00:13:08,540 --> 00:13:12,920
Sometimes, when the baby was
taking a nap, she'd slip out.

304
00:13:13,180 --> 00:13:15,590
Grab a cup of coffee
or a smoke with me.

305
00:13:16,110 --> 00:13:18,020
It wasn't more than
a half hour, 45 minutes.

306
00:13:18,080 --> 00:13:20,820
Did Amy ever tell you how
she felt about the baby?

307
00:13:20,880 --> 00:13:22,390
She said it was hard.

308
00:13:22,690 --> 00:13:23,720
Confusing.

309
00:13:23,790 --> 00:13:25,990
Did you ever see her with Kyle?

310
00:13:26,060 --> 00:13:27,430
I went to her place once.

311
00:13:27,920 --> 00:13:30,300
The baby was in the crib.
He was crying.

312
00:13:30,590 --> 00:13:31,900
And what happened?

313
00:13:32,360 --> 00:13:33,360
Nothing.

314
00:13:34,100 --> 00:13:36,240
She turned up
the volume on the TV.

315
00:13:37,330 --> 00:13:40,410
VAN BUREN: Palichek said Amy
came on to him. He passed.

316
00:13:40,570 --> 00:13:45,580
He also said the baby cried for over an hour
while he was with her in her apartment.

317
00:13:45,740 --> 00:13:48,050
Looks like we might have
two negligent parents.

318
00:13:48,110 --> 00:13:50,180
But what we don't
have is a baby.

319
00:13:50,250 --> 00:13:53,890
Well, the IUDs from Palichek's
apartment confirm Amy Beltran

320
00:13:53,950 --> 00:13:58,330
called Jimmy's parents' home
three times in five weeks.

321
00:13:58,390 --> 00:13:59,770
So, once she talks
to the old man.

322
00:13:59,820 --> 00:14:02,170
The other two times she
must have talked to Jimmy.

323
00:14:02,230 --> 00:14:03,970
What was she looking for?

324
00:14:04,230 --> 00:14:08,330
Get a search warrant for the
Beltran house, inside and out.

325
00:14:25,250 --> 00:14:26,590
Hey, Ed.

326
00:14:30,150 --> 00:14:31,760
Dig it up.
OFFICER: Right.

327
00:14:31,990 --> 00:14:33,560
We didn't know.

328
00:14:33,790 --> 00:14:36,170
I swear on the Virgin
Mary, we didn't know.

329
00:14:40,630 --> 00:14:42,440
BRISCOE: It's never
a happy ending.

330
00:14:42,700 --> 00:14:44,650
ED: We found blood
in the apartment.

331
00:14:44,900 --> 00:14:46,280
RODGERS: I don't
know yet whose it is.

332
00:14:46,340 --> 00:14:47,870
Haven't done the autopsy.

333
00:14:48,310 --> 00:14:49,310
BRISCOE: Cause of death?

334
00:14:51,110 --> 00:14:53,610
At first glance,
it looks like the baby

335
00:14:53,680 --> 00:14:56,950
was more than likely put
in the bag and buried alive.

336
00:14:57,150 --> 00:14:58,790
Looks like skin and bones.

337
00:14:59,480 --> 00:15:01,020
(SIGHS) What did he die of?

338
00:15:01,580 --> 00:15:02,590
Hard to tell.

339
00:15:03,190 --> 00:15:04,960
Asphyxiation.

340
00:15:05,160 --> 00:15:07,160
Dehydration. Exposure.

341
00:15:08,460 --> 00:15:10,600
I won't know until
I do the autopsy.

342
00:15:10,990 --> 00:15:13,500
How long can a baby
live like that?

343
00:15:14,300 --> 00:15:15,970
The Mexican earthquake,

344
00:15:16,530 --> 00:15:19,340
babies survived nine
days buried alive.

345
00:15:21,940 --> 00:15:23,940
Arrest the son of a bitch.

346
00:15:28,180 --> 00:15:29,660
The arraignment
judge denied bail.

347
00:15:29,710 --> 00:15:31,780
Beltran's lawyer is appealing.

348
00:15:32,020 --> 00:15:34,290
He's lucky we didn't
charge murder one.

349
00:15:34,850 --> 00:15:37,660
You think he relished
the torture of this child?

350
00:15:37,790 --> 00:15:38,820
Maybe not.

351
00:15:38,890 --> 00:15:41,390
But I wonder if he could hear
it screaming under the earth.

352
00:15:41,960 --> 00:15:43,940
Where was the
mother in all this?

353
00:15:44,290 --> 00:15:47,370
Beltran talked her into letting him
take the baby when they split up.

354
00:15:47,430 --> 00:15:49,930
She claims she called him
at the in-laws a few times,

355
00:15:50,000 --> 00:15:51,950
but that he refused
to let her see the baby.

356
00:15:52,000 --> 00:15:53,710
Would you have taken
no for an answer?

357
00:15:53,940 --> 00:15:55,810
You think she's lying?

358
00:15:56,040 --> 00:15:58,520
Find out exactly
when the baby died.

359
00:16:00,310 --> 00:16:04,320
The bag the baby was placed in was
filled with sawdust and plaster.

360
00:16:05,010 --> 00:16:08,790
Only, I didn't find anything in either
the baby's lungs or nasal cavities.

361
00:16:09,050 --> 00:16:11,330
The baby was dead before
it was placed inside the bag?

362
00:16:11,390 --> 00:16:12,390
Thank God.

363
00:16:13,260 --> 00:16:14,260
See here?

364
00:16:15,960 --> 00:16:17,730
Fraying at the
ends of the bone.

365
00:16:18,430 --> 00:16:21,740
That's a textbook indication
of severe vitamin deficiency.

366
00:16:22,300 --> 00:16:23,400
How long does that take?

367
00:16:23,500 --> 00:16:24,980
Not overnight.

368
00:16:25,100 --> 00:16:27,670
This baby starved to death,
probably over several weeks.

369
00:16:28,200 --> 00:16:29,620
Was it something the
parents could have missed?

370
00:16:29,670 --> 00:16:31,280
I don't see how.

371
00:16:31,540 --> 00:16:34,350
Was there any other signs of physical abuse?
Any fractures? Bruising?

372
00:16:34,410 --> 00:16:36,360
No, there's no
indication of that.

373
00:16:36,410 --> 00:16:38,520
But I did find some
blood on the baby.

374
00:16:39,180 --> 00:16:42,030
The blood was on the
baby's hand and forehead.

375
00:16:42,150 --> 00:16:43,830
But it wasn't his.

376
00:16:44,120 --> 00:16:47,330
Forensics matched it to the blood found
in the bathroom at your apartment.

377
00:16:47,390 --> 00:16:50,460
It was my blood.
I cut myself on the crib.

378
00:16:50,960 --> 00:16:52,840
But the baby was okay.

379
00:16:53,960 --> 00:16:56,940
The receiving blanket he was
swaddled in wasn't disturbed,

380
00:16:57,000 --> 00:16:58,740
and the blood on his
face wasn't smudged.

381
00:16:58,800 --> 00:17:00,410
I don't understand.

382
00:17:00,640 --> 00:17:04,410
Your daughter bled on her child
after he was already dead.

383
00:17:06,240 --> 00:17:07,240
Amy?

384
00:17:09,050 --> 00:17:11,150
JACK: What happened
to your baby?

385
00:17:11,880 --> 00:17:13,220
Tell them what happened.

386
00:17:13,280 --> 00:17:16,460
And you tell them right now. No!
She's not telling them anything.

387
00:17:17,090 --> 00:17:20,800
Our daughter wants a lawyer
before she says anything else.

388
00:17:24,830 --> 00:17:26,540
We're not arresting her?

389
00:17:27,460 --> 00:17:29,310
She's staying with
her parents at a hotel.

390
00:17:29,400 --> 00:17:30,610
I'll have the cops make
sure no one checks out.

391
00:17:30,670 --> 00:17:32,670
I want to talk
to the baby's father.

392
00:17:33,240 --> 00:17:34,240
Okay.

393
00:17:34,940 --> 00:17:37,110
Why would my client tell
you people anything?

394
00:17:37,270 --> 00:17:39,880
You've accused him of
burying his son alive.

395
00:17:40,010 --> 00:17:42,290
We now know that's not true.

396
00:17:42,850 --> 00:17:45,450
At this point, we're not
sure how your son died.

397
00:17:47,420 --> 00:17:48,990
What's happening with Amy?

398
00:17:49,090 --> 00:17:50,860
You wife has asked
for an attorney.

399
00:17:50,920 --> 00:17:53,560
You arrested her?
Should we arrest her?

400
00:17:59,400 --> 00:18:01,140
If I tell what happened,

401
00:18:01,200 --> 00:18:02,870
how do I know you'd believe me?

402
00:18:02,930 --> 00:18:04,340
You can take a lie
detector test.

403
00:18:04,400 --> 00:18:08,110
It's not admissible. The results
wouldn't be any help to us at trial.

404
00:18:08,170 --> 00:18:09,580
JACK: We're not
talking about atrial.

405
00:18:09,670 --> 00:18:13,520
Our office uses polygraphs to
eliminate suspects all the time.

406
00:18:18,250 --> 00:18:20,660
CARMICHAEL: The polygraph
indicates he's telling the truth.

407
00:18:20,720 --> 00:18:25,330
A six-week-old baby starves to death in plain
view of his parents, it's no accident.

408
00:18:25,490 --> 00:18:26,930
How about the hospital record?

409
00:18:26,990 --> 00:18:29,900
Full-term pregnancy. Birth
weight within normal range.

410
00:18:29,960 --> 00:18:31,060
He was fine at the hospital.

411
00:18:31,130 --> 00:18:33,270
He was fine until he came home.

412
00:18:35,370 --> 00:18:38,570
Mother and baby were discharged
24 hours after the birth.

413
00:18:38,640 --> 00:18:40,640
One day?
That's all they paid for.

414
00:18:40,970 --> 00:18:42,780
But she was already
nursing the baby?

415
00:18:42,840 --> 00:18:44,580
In the beginning,
it's just colostrum.

416
00:18:44,640 --> 00:18:46,180
It's like a pre-milk.
Excuse me.

417
00:18:46,240 --> 00:18:48,190
It has a lot of the mother's
antibodies that the baby needs,

418
00:18:48,240 --> 00:18:50,920
but the actual breast milk
comes in a few days later.

419
00:18:51,110 --> 00:18:52,750
And what if it doesn't?
What then?

420
00:18:52,820 --> 00:18:54,890
Well, nature usually
makes sure that it does.

421
00:18:54,950 --> 00:18:56,060
But in any case,
she would have seen

422
00:18:56,120 --> 00:18:59,190
the hospital's lactation
counselor before her discharge.

423
00:18:59,360 --> 00:19:02,030
I saw Amy Beltran twice. The
day that she was discharged

424
00:19:02,090 --> 00:19:04,000
then three days
later as a walk-in.

425
00:19:04,090 --> 00:19:05,270
A walk-in?

426
00:19:05,330 --> 00:19:07,100
Her husband, I think,
had called and said

427
00:19:07,160 --> 00:19:09,610
that they were having some
trouble, so I had her come in.

428
00:19:09,730 --> 00:19:11,140
What sort of trouble?

429
00:19:11,430 --> 00:19:14,040
Do you have any children,
Miss Carmichael? No.

430
00:19:14,740 --> 00:19:17,550
Well, breastfeeding isn't
as easy as it sounds.

431
00:19:17,610 --> 00:19:20,350
It takes a lot of patience.

432
00:19:20,410 --> 00:19:22,750
Let me just say that Amy
was not one of the most

433
00:19:22,810 --> 00:19:25,690
receptive clients that
I've worked with.

434
00:19:25,750 --> 00:19:26,750
Why do you say that?

435
00:19:26,850 --> 00:19:29,800
It's not unusual for a first-time
mother to have difficulty,

436
00:19:29,850 --> 00:19:32,990
but Amy got frustrated
pretty easily.

437
00:19:33,090 --> 00:19:35,590
Plus, she didn't have
a lot of help at home.

438
00:19:35,660 --> 00:19:38,570
First-time fathers know
even less than the mothers.

439
00:19:38,630 --> 00:19:40,770
So why not have her just
give the baby a bottle?

440
00:19:40,830 --> 00:19:43,140
No, breast milk is
what's best for the baby.

441
00:19:43,200 --> 00:19:46,940
It's just a matter of getting the
mother to put the effort into it.

442
00:19:47,340 --> 00:19:49,870
Were you satisfied Amy Beltran
knew what she was doing?

443
00:19:49,940 --> 00:19:54,350
Well, you'd always like to see them
come back, so that's why I called.

444
00:19:54,410 --> 00:19:55,720
You talked to her
after the visit?

445
00:19:55,780 --> 00:20:00,160
Yes. And she said that everything
with the baby was fine.

446
00:20:00,480 --> 00:20:04,020
The lactation counselor says Amy was shown
the right techniques to breastfeed,

447
00:20:04,090 --> 00:20:06,470
and the baby's sucking
reflex was fine.

448
00:20:06,520 --> 00:20:08,560
She just resented
putting in the effort.

449
00:20:08,630 --> 00:20:11,270
(GROANS) Sounds like
she resented her baby.

450
00:20:11,330 --> 00:20:12,970
It wasn't just her, Adam.

451
00:20:13,060 --> 00:20:16,200
The police found unopened bottles and
cans of formula in their apartment.

452
00:20:16,270 --> 00:20:18,910
Either one of those parents
could have fed that kid.

453
00:20:19,440 --> 00:20:21,110
Well, then we try them both.

454
00:20:21,170 --> 00:20:22,840
We have no grounds
to oppose severance.

455
00:20:22,910 --> 00:20:26,220
If they get separate trials, he points the
finger at her, she points the finger at him.

456
00:20:26,280 --> 00:20:27,280
Reasonable doubt.

457
00:20:28,380 --> 00:20:29,860
What do we do, Counselor?

458
00:20:29,910 --> 00:20:32,620
For now, nothing.
We build our case.

459
00:20:33,380 --> 00:20:34,920
He's already under indictment.

460
00:20:34,980 --> 00:20:38,160
We know where to find her. There's
no statute of limitations on murder.

461
00:20:38,220 --> 00:20:39,220
Yeah.

462
00:20:39,920 --> 00:20:43,030
The law has patience.
TV cameras don't.

463
00:20:43,090 --> 00:20:44,630
Then let's go after her.

464
00:20:44,790 --> 00:20:46,740
She's the one who
decided to have the baby.

465
00:20:46,860 --> 00:20:49,640
Which means what? The father bears
no responsibility for the child?

466
00:20:49,700 --> 00:20:51,110
I'm not saying that.

467
00:20:51,300 --> 00:20:53,840
But women have fought to control
their reproductive rights,

468
00:20:53,900 --> 00:20:56,750
and with those rights comes
a greater responsibility.

469
00:20:56,840 --> 00:21:00,550
Politically correct or not, the mother
was this child's primary caregiver.

470
00:21:01,610 --> 00:21:04,680
Forget whether or not we can
convict her alone. Should we?

471
00:21:04,780 --> 00:21:06,850
And I'm not asking
you as a lawyer.

472
00:21:07,050 --> 00:21:08,050
Yes.

473
00:21:08,280 --> 00:21:09,920
I think it's the
right thing to do.

474
00:21:09,990 --> 00:21:12,300
Even if it means we have to
make a deal with the husband?

475
00:21:12,460 --> 00:21:13,460
Yes.

476
00:21:14,690 --> 00:21:16,470
Then you should try the case.

477
00:21:16,890 --> 00:21:20,770
I can see the feminist
fusillade in the op-eds.

478
00:21:20,830 --> 00:21:25,180
Why? The case was assigned
to Judge Rebecca Steinman.

479
00:21:26,340 --> 00:21:29,750
A woman will be presiding
over Amy Beltran's trial,

480
00:21:29,810 --> 00:21:34,190
a woman will be prosecuting her, and you
can bet a woman will be defending her.

481
00:21:34,580 --> 00:21:37,180
Well, I guess there's
nothing left for us to do,

482
00:21:37,280 --> 00:21:41,130
but to take our cigars and brandy
and retire to the smoking room.

483
00:21:43,420 --> 00:21:45,630
I won't testify against Amy.

484
00:21:46,090 --> 00:21:48,330
Criminal negligence.
He serves a year.

485
00:21:49,190 --> 00:21:51,640
Ask your lawyer if that's a good
deal on a homicide, Mr. Beltran.

486
00:21:51,690 --> 00:21:53,940
It wasn't like that.
How was it, then?

487
00:21:54,060 --> 00:21:55,370
Off the record?

488
00:22:00,540 --> 00:22:02,020
She was too young
to have a kid.

489
00:22:02,070 --> 00:22:04,050
People younger than your wife
have babies all the time,

490
00:22:04,110 --> 00:22:05,550
but they don't
starve them to death.

491
00:22:05,610 --> 00:22:08,150
You don't know Amy...
But you do.

492
00:22:08,710 --> 00:22:11,450
I admire your devotion
to your wife, Mr. Beltran.

493
00:22:11,510 --> 00:22:14,720
But your son is dead because
of a lack of any to him.

494
00:22:14,820 --> 00:22:17,990
Don't you think that you owe it
to Kyle to stand up for him now?

495
00:22:19,620 --> 00:22:20,620
(SIGHS)

496
00:22:25,460 --> 00:22:28,340
Amy Beltran, you're under arrest
for the murder of your son.

497
00:22:28,400 --> 00:22:30,340
No! It wasn't her fault. Please.

498
00:22:30,400 --> 00:22:32,400
I didn't kill my
baby! I didn't!

499
00:22:32,470 --> 00:22:34,950
Please, don't make this
any harder than it has to be.

500
00:22:37,070 --> 00:22:39,950
ED: You have the right to remain silent.
Anything you say can...

501
00:22:41,280 --> 00:22:43,590
TYRELL: They're charging
a woman who was breastfeeding

502
00:22:43,650 --> 00:22:46,390
her child with
starving it to death?

503
00:22:46,680 --> 00:22:50,490
Judge, this is ridiculous. Haven't these
people ever heard of the word "intent"?

504
00:22:50,550 --> 00:22:53,090
There was nothing unintentional
about this baby's death.

505
00:22:53,160 --> 00:22:55,970
TYRELL: She was a loving mother who
had trouble nursing her child.

506
00:22:56,030 --> 00:22:58,900
Your client neglected advice. She
ignored all the warning signs.

507
00:22:58,960 --> 00:23:01,240
Given her conduct, this
baby's death was a certainty.

508
00:23:01,300 --> 00:23:03,500
And this comes
from who? Dad?

509
00:23:04,470 --> 00:23:06,410
I'm sorry, Miss Tyrell,
but whether or not

510
00:23:06,470 --> 00:23:09,610
your client's conduct was an
accident, is a matter for trial.

511
00:23:09,670 --> 00:23:12,880
Your motion to dismiss is denied.
We pick a jury tomorrow.

512
00:23:16,010 --> 00:23:18,390
How many of you are parents?

513
00:23:19,050 --> 00:23:21,960
So, most of you have
changed a diaper,

514
00:23:22,320 --> 00:23:25,890
woken up in the middle of the night
at the sound of a cry or a cough.

515
00:23:26,820 --> 00:23:29,430
Is that right, Mrs. Chazin?

516
00:23:30,060 --> 00:23:31,560
Many times.

517
00:23:31,830 --> 00:23:34,140
Because it was
important to you,

518
00:23:34,200 --> 00:23:36,440
as part of your
role as a parent,

519
00:23:36,730 --> 00:23:39,210
to be aware of your child,
especially when they're young.

520
00:23:39,270 --> 00:23:40,540
Yes, of course.

521
00:23:41,400 --> 00:23:44,680
You're going to hear testimony
that a baby starved to death,

522
00:23:44,840 --> 00:23:47,850
starved to death in
the arms of his mother.

523
00:23:47,910 --> 00:23:53,090
Mrs. Chazin, can I have your promise that you
will remember your experience as a parent

524
00:23:53,850 --> 00:23:56,390
when you consider whether or not
this could have been an accident?

525
00:23:56,450 --> 00:23:57,450
Yes.

526
00:23:58,150 --> 00:24:00,500
May I have that promise
from all of you?

527
00:24:01,690 --> 00:24:03,030
Thank you.

528
00:24:11,630 --> 00:24:15,080
We want you to remember,
too, Mrs. Chazin.

529
00:24:15,140 --> 00:24:19,350
We want you to remember that first
night, when you brought your baby home.

530
00:24:19,510 --> 00:24:20,610
Were you nervous?

531
00:24:21,080 --> 00:24:22,080
Very.

532
00:24:22,610 --> 00:24:23,610
Why?

533
00:24:24,610 --> 00:24:27,220
Because I didn't
know what to do.

534
00:24:27,350 --> 00:24:29,020
Or what to expect?

535
00:24:29,120 --> 00:24:30,600
I guess. That, too.

536
00:24:31,550 --> 00:24:34,870
What about you, Mr. Carouso?
I saw your hand go up before.

537
00:24:35,420 --> 00:24:36,870
Were you scared, sir?

538
00:24:37,090 --> 00:24:41,040
Oh... With our first, uh,
my wife wouldn't even put

539
00:24:41,100 --> 00:24:43,600
the baby down long
enough to get dressed.

540
00:24:43,930 --> 00:24:48,210
We want you to remember that,
Mr. Carouso, as you sit in judgment

541
00:24:48,270 --> 00:24:50,550
of these autopsy photographs.

542
00:24:51,170 --> 00:24:52,520
Objection.

543
00:24:53,510 --> 00:24:54,510
Overruled.

544
00:24:54,680 --> 00:24:58,820
We want you to remember that as you
sit in judgment of Amy Beltran.

545
00:25:00,750 --> 00:25:03,420
Can you all promise
to do that as well?

546
00:25:03,490 --> 00:25:04,490
My God.

547
00:25:05,560 --> 00:25:07,000
Sidebar, Your Honor?

548
00:25:07,460 --> 00:25:08,460
Step LIP...

549
00:25:14,230 --> 00:25:16,440
Obviously, I'm going to have to
challenge everyone in that box.

550
00:25:16,500 --> 00:25:17,600
The People oppose.

551
00:25:17,670 --> 00:25:19,410
Did you see their
faces, Counselor?

552
00:25:19,470 --> 00:25:22,970
Judge, if defense counsel intends to
continue showing the autopsy photos,

553
00:25:23,040 --> 00:25:25,250
can we at least conduct
the questioning individually

554
00:25:25,310 --> 00:25:27,810
in chambers so we don't
poison the whole panel?

555
00:25:32,380 --> 00:25:34,920
Sorry, I just think she did it.

556
00:25:35,020 --> 00:25:37,500
You understand you haven't
heard any testimony yet.

557
00:25:37,550 --> 00:25:40,500
Come on, Judge, look at this.
She had to know.

558
00:25:41,460 --> 00:25:43,330
Challenge, Your Honor.

559
00:25:43,890 --> 00:25:45,370
You're excused, sir.

560
00:25:49,600 --> 00:25:51,200
How many more jurors
do we have left?

561
00:25:51,270 --> 00:25:52,870
That's the last of them, Judge.

562
00:25:52,940 --> 00:25:55,280
Your Honor, it is not my
fault defense counsel chose

563
00:25:55,340 --> 00:25:57,510
to show those photographs
during voir dire.

564
00:25:57,570 --> 00:25:59,180
What did you expect me to do?

565
00:25:59,240 --> 00:26:01,120
Wait until your
closing argument?

566
00:26:02,610 --> 00:26:04,280
Miss Tyrell is right.
She can't spend the trial

567
00:26:04,350 --> 00:26:06,350
running from these photographs.

568
00:26:08,050 --> 00:26:09,720
But there is another option.

569
00:26:10,820 --> 00:26:12,300
A bench trial?

570
00:26:12,420 --> 00:26:13,920
She waived a jury.

571
00:26:14,020 --> 00:26:17,270
Now we have a judge deciding
the guilt of this defendant?

572
00:26:17,330 --> 00:26:19,570
Judge Steinman was the
one who suggested it.

573
00:26:20,530 --> 00:26:22,870
I need to go
rewrite my opening.

574
00:26:24,700 --> 00:26:26,370
Did the judge wink?

575
00:26:27,170 --> 00:26:30,210
I don't think Steinman would go
through a whole day of jury selection

576
00:26:30,270 --> 00:26:31,840
if she's already
made up her mind.

577
00:26:31,940 --> 00:26:34,010
Makes me nervous.
(GRUNTS)

578
00:26:37,310 --> 00:26:41,320
Steinman held 34
bench trials last year.

579
00:26:42,390 --> 00:26:43,960
Twenty-six acquittals.

580
00:26:44,050 --> 00:26:47,230
So much for the power of
an autopsy photograph.

581
00:26:47,290 --> 00:26:51,360
Read these lately? We're catching
flak for going after this woman.

582
00:26:52,400 --> 00:26:54,270
Abbie knows what she's doing.

583
00:26:55,360 --> 00:26:57,310
What I keep telling myself.

584
00:27:02,540 --> 00:27:04,350
RODGERS: It's called
failure to thrive.

585
00:27:04,510 --> 00:27:06,820
It refers to a baby's failure
to achieve certain physical

586
00:27:06,880 --> 00:27:09,250
milestones on a
predetermined timeline.

587
00:27:09,350 --> 00:27:13,090
And upon autopsy, did Kyle Beltran
exhibit any indications that he'd

588
00:27:13,150 --> 00:27:14,590
suffered from
failure to thrive?

589
00:27:14,650 --> 00:27:18,830
Yes. There was virtually no fatty
tissue anywhere on the child.

590
00:27:18,990 --> 00:27:22,800
His bones were clubbed and frayed,
indicating a severe vitamin deficiency.

591
00:27:22,860 --> 00:27:25,460
He also tested
positive for osteoid.

592
00:27:25,630 --> 00:27:29,800
There's no question Kyle Beltran's
death resulted from starvation?

593
00:27:30,230 --> 00:27:31,230
None.

594
00:27:35,170 --> 00:27:39,090
The baby's length was within normal
parameters wasn't it, Doctor?

595
00:27:39,510 --> 00:27:44,080
In fact, it was in the 85th
percentile for length at six weeks,

596
00:27:44,250 --> 00:27:45,280
isn't that correct?

597
00:27:45,350 --> 00:27:46,350
Yes.

598
00:27:46,450 --> 00:27:50,730
And a long baby can sometimes
seem bigger than it really is?

599
00:27:50,920 --> 00:27:51,920
It might.

600
00:27:52,920 --> 00:27:57,700
Babies also often lose weight when they
come home from the hospital, don't they?

601
00:27:57,760 --> 00:27:58,830
It's not unusual.

602
00:27:58,890 --> 00:28:02,310
But those mothers aren't starving their
children to death, are they, Doctor?

603
00:28:02,400 --> 00:28:06,810
No. But one would expect a weight
gain to commence within a short time.

604
00:28:07,000 --> 00:28:08,000
How short a time?

605
00:28:08,600 --> 00:28:09,950
It depends on the baby.

606
00:28:10,010 --> 00:28:14,040
What you're saying then, Doctor, is
that the when part isn't so definite?

607
00:28:14,410 --> 00:28:15,450
Yes.

608
00:28:15,510 --> 00:28:18,890
So my client, being a new mother,
might simply have made a mistake.

609
00:28:18,980 --> 00:28:19,980
Objection.

610
00:28:20,620 --> 00:28:21,960
Sustained.

611
00:28:22,350 --> 00:28:26,660
Doctor, have you ever come across a
death attributed to failure to thrive

612
00:28:27,660 --> 00:28:30,540
where the infant was under
the care of a pediatrician?

613
00:28:31,590 --> 00:28:32,600
I have.

614
00:28:34,360 --> 00:28:35,870
Nothing further.

615
00:28:37,730 --> 00:28:38,730
Any redirect?

616
00:28:40,070 --> 00:28:41,480
Doctor Rodgers,

617
00:28:41,700 --> 00:28:44,240
in the last days of
Kyle Beltran's life,

618
00:28:44,310 --> 00:28:47,290
what would the defendant have
seen with respect to her baby?

619
00:28:47,340 --> 00:28:49,190
Your Honor, is this necessary?

620
00:28:49,710 --> 00:28:51,520
I think it is for me.

621
00:28:53,080 --> 00:28:55,460
The child's skin
would have sagged,

622
00:28:55,650 --> 00:28:59,100
and he would have developed a yellowish
tint from the vitamin deficiency.

623
00:28:59,160 --> 00:29:01,470
His eyes would have
a sunken effect,

624
00:29:01,520 --> 00:29:04,470
and he would also have
an aged appearance.

625
00:29:05,030 --> 00:29:06,730
What about urine
and stool output?

626
00:29:06,860 --> 00:29:09,500
Non-existent. His
diapers would be dry.

627
00:29:09,700 --> 00:29:10,700
Crying?

628
00:29:10,800 --> 00:29:12,540
Constant, I'd imagine.

629
00:29:13,000 --> 00:29:14,450
But without tears.

630
00:29:17,370 --> 00:29:19,510
We just weren't
ready for a baby,

631
00:29:20,540 --> 00:29:22,420
for how difficult it is.

632
00:29:22,980 --> 00:29:24,960
Kyle was always crying.

633
00:29:25,510 --> 00:29:27,650
Amy wasn't getting any sleep.

634
00:29:29,080 --> 00:29:31,290
She didn't have
anyone to talk to,

635
00:29:32,020 --> 00:29:33,020
any help.

636
00:29:33,190 --> 00:29:34,720
What about the
lactation counselor?

637
00:29:34,820 --> 00:29:37,600
She went once.
She wouldn't go back.

638
00:29:37,660 --> 00:29:38,730
Why?

639
00:29:39,060 --> 00:29:40,600
She said she didn't have to.

640
00:29:40,660 --> 00:29:45,170
She said she took Kyle to a clinic, and
they told her everything was fine.

641
00:29:45,570 --> 00:29:48,910
What eventually happened
to your baby, Mr. Beltran?

642
00:29:53,180 --> 00:29:57,420
I came home one night, and I
didn't hear anything, you know?

643
00:29:57,850 --> 00:29:59,590
Not crying or anything.

644
00:29:59,680 --> 00:30:00,850
And where was Amy?

645
00:30:01,020 --> 00:30:03,020
She was sitting on the couch,

646
00:30:03,390 --> 00:30:04,800
smoking a cigarette.

647
00:30:05,050 --> 00:30:06,230
What did you do?

648
00:30:06,320 --> 00:30:08,930
I asked her if Kyle was asleep.

649
00:30:09,020 --> 00:30:12,530
She didn't answer,
so I went inside to look.

650
00:30:14,430 --> 00:30:16,500
Kyle was in his crib...

651
00:30:21,000 --> 00:30:22,000
Dead.

652
00:30:23,410 --> 00:30:24,750
Then what happened?

653
00:30:25,110 --> 00:30:28,110
I guess she must have
followed me into the room,

654
00:30:28,610 --> 00:30:30,960
so I just asked her
again what happened.

655
00:30:31,010 --> 00:30:32,890
When she didn't answer again,

656
00:30:35,780 --> 00:30:37,020
I slapped her.

657
00:30:38,120 --> 00:30:39,930
She started bleeding.

658
00:30:40,420 --> 00:30:41,420
And then?

659
00:30:41,760 --> 00:30:42,760
Then,

660
00:30:43,790 --> 00:30:48,760
she went into the bathroom, and
that's when I heard the glass break.

661
00:30:49,370 --> 00:30:52,940
She slammed the
medicine cabinet door.

662
00:30:53,270 --> 00:30:55,180
Did she say why?

663
00:30:57,210 --> 00:30:58,620
Mr. Beltran,

664
00:30:58,940 --> 00:31:01,420
did your wife tell you why
she smashed that mirror?

665
00:31:02,240 --> 00:31:04,660
She said she killed our baby.

666
00:31:06,780 --> 00:31:08,390
Nothing further.

667
00:31:12,860 --> 00:31:14,990
Amy never wanted
that baby, did she?

668
00:31:15,920 --> 00:31:19,060
You were the one who insisted
that she have it, weren't you?

669
00:31:19,730 --> 00:31:21,770
Yes.
Only, once she did,

670
00:31:21,960 --> 00:31:22,970
YOU were never around.

671
00:31:24,070 --> 00:31:26,810
Amy was the one getting up in
the middle of the night, right?

672
00:31:26,870 --> 00:31:28,780
I was working.
Working?

673
00:31:28,840 --> 00:31:31,780
You mean you were too
busy to feed your own child?

674
00:31:31,840 --> 00:31:33,750
That's not what I said.

675
00:31:34,480 --> 00:31:37,690
When you came home
and found your baby dead,

676
00:31:38,110 --> 00:31:39,720
did you call the police?

677
00:31:41,420 --> 00:31:42,730
No.
No.

678
00:31:42,920 --> 00:31:45,420
Instead, you wrapped
your child in a blanket,

679
00:31:45,650 --> 00:31:47,570
and then you stuck
it in your tool bag.

680
00:31:47,960 --> 00:31:48,960
Is that right?

681
00:31:49,020 --> 00:31:51,370
I didn't want anything
to happen to Amy.

682
00:31:51,860 --> 00:31:53,740
Oh, is that why
you're here testifying?

683
00:31:53,930 --> 00:31:55,070
Objection.

684
00:31:55,130 --> 00:31:56,130
JUDGE: Sustained.

685
00:31:57,030 --> 00:32:00,780
The medical examiner has said
that anyone looking at your baby,

686
00:32:00,840 --> 00:32:02,680
could see that
it was in trouble.

687
00:32:02,970 --> 00:32:03,970
Could you?

688
00:32:04,870 --> 00:32:06,410
I called that counselor.

689
00:32:06,480 --> 00:32:07,890
And did you follow up?

690
00:32:08,910 --> 00:32:10,750
Amy said everything was fine.

691
00:32:10,810 --> 00:32:12,790
But you knew that it wasn't,

692
00:32:13,020 --> 00:32:14,020
didn't you?

693
00:32:15,680 --> 00:32:19,360
There was formula in that
apartment, there were bottles.

694
00:32:19,620 --> 00:32:22,330
Ever think to feed
your son, Mr. Beltran?

695
00:32:22,390 --> 00:32:23,800
Amy said
we weren't supposed to.

696
00:32:23,860 --> 00:32:25,670
Ever think to bring
your son to a doctor?

697
00:32:25,730 --> 00:32:26,760
Amy did.

698
00:32:26,830 --> 00:32:28,640
But did you?

699
00:32:36,240 --> 00:32:37,240
No.

700
00:32:40,410 --> 00:32:42,080
But she's the one on trial.

701
00:32:45,850 --> 00:32:47,020
No more questions.

702
00:32:54,790 --> 00:32:57,200
You saw Amy Beltran
twice, is that right?

703
00:32:57,260 --> 00:33:00,470
STRICKLAND: Yes. Once at the hospital
and once as a walk-in to our clinic.

704
00:33:00,630 --> 00:33:02,940
And you demonstrated the proper
techniques to breastfeed?

705
00:33:03,100 --> 00:33:04,100
Absolutely.

706
00:33:04,170 --> 00:33:06,670
And she was able to
breastfeed in your presence?

707
00:33:06,740 --> 00:33:08,910
Yes. Her milk
production seemed fine.

708
00:33:09,040 --> 00:33:10,810
And you spoke
with her a third time?

709
00:33:10,870 --> 00:33:13,620
She was supposed to come into the
clinic for another appointment.

710
00:33:13,680 --> 00:33:15,920
When she didn't, I called her.

711
00:33:15,980 --> 00:33:17,860
She told me everything
was all right.

712
00:33:18,650 --> 00:33:22,220
And this was about three weeks
after her visit with you?

713
00:33:22,320 --> 00:33:25,030
Maybe a week before the baby died?
Yes.

714
00:33:26,020 --> 00:33:27,360
Thank you.

715
00:33:29,320 --> 00:33:33,600
Amy Beltran came to you because she was
having problems, isn't that right?

716
00:33:33,660 --> 00:33:35,440
She seemed unsure of herself.

717
00:33:35,700 --> 00:33:38,200
But you told her that women had
been doing this for generations.

718
00:33:38,270 --> 00:33:40,680
That it was a normal
process. Correct?

719
00:33:40,740 --> 00:33:41,740
Of course.

720
00:33:41,800 --> 00:33:43,680
So if she was failing,
it was her fault.

721
00:33:43,770 --> 00:33:44,880
If she was putting
in the effort,

722
00:33:44,940 --> 00:33:47,440
there's no question she
would have been successful.

723
00:33:50,810 --> 00:33:54,780
You told Amy not to give her baby
any bottles or formula, didn't you?

724
00:33:54,850 --> 00:33:57,850
A bottle is easier
for a baby to suck.

725
00:33:58,290 --> 00:34:02,700
Once it has the bottle, it may refuse
to latch onto the mother's breast.

726
00:34:02,760 --> 00:34:05,300
Because breast milk
is best for the baby,

727
00:34:05,360 --> 00:34:08,070
we encourage women to stick
with the breast only.

728
00:34:08,130 --> 00:34:10,540
Yes, but you do more
than encourage, don't you?

729
00:34:10,600 --> 00:34:11,740
I don't know what you mean.

730
00:34:11,830 --> 00:34:16,810
You told Amy Beltran that bottle feeding
her baby could cause nipple confusion.

731
00:34:17,340 --> 00:34:20,550
That her baby might not then
ever take to her breast.

732
00:34:20,610 --> 00:34:21,820
Isn't that what
you said to her?

733
00:34:21,880 --> 00:34:25,190
I use whatever methods I can to insure
that the baby gets breast milk.

734
00:34:25,250 --> 00:34:29,090
Yeah, and those methods often include
threats and intimidation, don't they?

735
00:34:29,220 --> 00:34:31,290
That's your interpretation.
No, ma'am.

736
00:34:31,350 --> 00:34:33,390
That was my client's
interpretation.

737
00:34:33,490 --> 00:34:34,830
Objection.

738
00:34:35,020 --> 00:34:36,020
Sustained.

739
00:34:38,690 --> 00:34:42,400
Breastfeeding is almost a crusade
with you, Miss Strickland, isn't it?

740
00:34:42,460 --> 00:34:43,740
That's not true.

741
00:34:43,800 --> 00:34:45,840
You lecture on the
benefits of breast milk.

742
00:34:45,900 --> 00:34:48,680
You have written articles
on the subject, haven't you?

743
00:34:48,740 --> 00:34:50,010
That's far from a crusade.

744
00:34:50,070 --> 00:34:53,950
Not that far, when you insist that a
mother breastfeed her child exclusively,

745
00:34:54,010 --> 00:34:56,220
when it's obvious that
a baby is in trouble.

746
00:34:56,280 --> 00:34:59,990
You make it sound like breastfeeding
is an unnatural process.

747
00:35:00,080 --> 00:35:02,790
Formula is what's unnatural.

748
00:35:02,850 --> 00:35:05,460
Children have difficulty
digesting it,

749
00:35:05,520 --> 00:35:08,870
and it doesn't contain the
same antibodies or immunities.

750
00:35:08,920 --> 00:35:11,530
But babies don't starve
to death on it, do they?

751
00:35:15,500 --> 00:35:17,000
The judge hated her.

752
00:35:17,070 --> 00:35:20,670
If Tyrell hasn't made out reasonable
doubt, she's coming pretty close.

753
00:35:21,170 --> 00:35:24,980
Strickland's testimony doesn't
relieve Amy of her responsibility.

754
00:35:25,140 --> 00:35:28,180
Maybe not, but it helps
explain her conduct.

755
00:35:28,240 --> 00:35:30,660
You thinking of
making her an offer?

756
00:35:30,710 --> 00:35:32,280
If I do that, it'll
look like I'm worried.

757
00:35:32,350 --> 00:35:34,160
You already look worried.

758
00:35:38,350 --> 00:35:40,460
I don't know
what the next move is.

759
00:35:40,890 --> 00:35:42,490
What if I make the offer?

760
00:35:43,130 --> 00:35:44,970
That way, you can
keep the hard line.

761
00:35:47,730 --> 00:35:50,400
Besides, it's been a while
since I played good cop.

762
00:35:52,470 --> 00:35:55,570
Man one. She serves the max.
Eight-and-a-third to 25.

763
00:35:55,640 --> 00:35:56,640
You're joking.

764
00:35:57,840 --> 00:35:59,480
Do you see anyone
around here smiling?

765
00:35:59,540 --> 00:36:01,350
There was a father here, too.

766
00:36:01,540 --> 00:36:03,520
And a lactation counselor.

767
00:36:03,680 --> 00:36:07,390
Any number of people were responsible
for the death of that child.

768
00:36:07,480 --> 00:36:10,120
Why is it just the mother you
want your pound of flesh from?

769
00:36:10,190 --> 00:36:14,130
Because, ultimately, she is
the one that failed that baby.

770
00:36:14,220 --> 00:36:15,790
Criminal negligence.

771
00:36:16,020 --> 00:36:18,500
She serves a year,
same as Jimmy.

772
00:36:18,630 --> 00:36:20,730
Like you said, Jimmy's
not the one on trial here.

773
00:36:20,800 --> 00:36:21,800
Man one.

774
00:36:22,430 --> 00:36:24,070
I don't think so.

775
00:36:25,070 --> 00:36:26,070
Come on.

776
00:36:30,740 --> 00:36:32,280
(DOOR CLOSES) Well,

777
00:36:33,210 --> 00:36:34,710
we gave her a chance.

778
00:36:34,780 --> 00:36:35,780
Yeah.

779
00:36:37,050 --> 00:36:39,720
Only one thing to do now
Stick the dagger in.

780
00:36:44,550 --> 00:36:47,470
From the very beginning,
Kyle was having problems.

781
00:36:47,620 --> 00:36:50,630
He wasn't doing like they
showed me at the hospital.

782
00:36:50,730 --> 00:36:54,000
And there's, like, no way to tell
if he's getting anything, you know?

783
00:36:54,330 --> 00:36:56,100
Why not give him the formula?

784
00:36:56,170 --> 00:36:57,940
I signed a contract.

785
00:36:58,200 --> 00:36:59,440
A contract?

786
00:36:59,570 --> 00:37:03,070
At the hospital, I promised
I would only breastfeed.

787
00:37:03,410 --> 00:37:06,410
Miss Strickland said that
breast milk was best for Kyle.

788
00:37:07,010 --> 00:37:09,790
She made it sound like giving him
a bottle might be dangerous.

789
00:37:09,880 --> 00:37:10,880
Well, what did you do?

790
00:37:11,510 --> 00:37:13,860
I took Kyle
to a Medicaid clinic.

791
00:37:13,980 --> 00:37:16,550
The nurse said that he was
normal size and everything.

792
00:37:16,620 --> 00:37:19,190
But she told me
I couldn't see a doctor.

793
00:37:19,420 --> 00:37:21,700
I didn't have my
Medicaid card yet.

794
00:37:22,090 --> 00:37:25,130
She told me that I should come
back in about three weeks.

795
00:37:25,260 --> 00:37:26,260
But by then...

796
00:37:27,360 --> 00:37:30,400
Miss Strickland says that
you came to see her, too.

797
00:37:30,630 --> 00:37:31,630
Yes.

798
00:37:31,900 --> 00:37:33,680
And what happened
at that visit?

799
00:37:33,740 --> 00:37:37,240
She started in again about
breast milk being best for Kyle,

800
00:37:37,310 --> 00:37:42,090
and if there was a problem, it was
because I wasn't trying hard enough.

801
00:37:42,540 --> 00:37:46,890
Miss Strickland has also testified that,
sometime afterward, she called you,

802
00:37:46,950 --> 00:37:49,090
and you told her
everything was fine.

803
00:37:49,450 --> 00:37:52,260
She made it seem like
it was my fault, you know?

804
00:37:52,320 --> 00:37:54,360
Like I was a bad mother.

805
00:37:54,420 --> 00:37:55,420
I just...

806
00:37:56,360 --> 00:37:58,270
I wasn't going to go
through that again.

807
00:38:01,830 --> 00:38:04,240
Tell us about the
night that Kyle died.

808
00:38:08,740 --> 00:38:11,380
That last day,
he got real quiet.

809
00:38:12,210 --> 00:38:14,450
I thought maybe he
was getting better.

810
00:38:15,440 --> 00:38:18,620
I went in to check on him,

811
00:38:19,850 --> 00:38:22,260
and his little hands,
they were so cold.

812
00:38:23,750 --> 00:38:26,700
I... I got a blanket
to wrap him, and, uh,

813
00:38:27,420 --> 00:38:30,060
that's when I realized
he wasn't breathing.

814
00:38:30,260 --> 00:38:31,600
What did you do?

815
00:38:31,790 --> 00:38:33,140
(CRYING) There was
nothing I could do.

816
00:38:33,200 --> 00:38:37,470
I was just so scared,
and Jimmy was so angry.

817
00:38:37,870 --> 00:38:40,350
He told me he never
wanted to see me again.

818
00:38:40,600 --> 00:38:41,950
He slapped me.

819
00:38:42,400 --> 00:38:44,710
And he said that we
had to get rid of him,

820
00:38:45,410 --> 00:38:46,820
rid of Kyle.

821
00:38:47,880 --> 00:38:48,880
Why?

822
00:38:49,040 --> 00:38:51,650
Because we didn't have
money for lawyers.

823
00:38:51,750 --> 00:38:53,990
He said that we'd get
in a lot of trouble.

824
00:38:54,150 --> 00:38:57,790
He said he'd take Kyle
to his parents' house.

825
00:39:00,990 --> 00:39:01,990
Amy,

826
00:39:03,730 --> 00:39:07,260
did you intend for
your baby to die?

827
00:39:08,260 --> 00:39:11,010
No. No, I swear.

828
00:39:13,970 --> 00:39:15,070
Okay.

829
00:39:18,310 --> 00:39:22,720
You moved in with Mitch Palichek
the night Jimmy left, didn't you?

830
00:39:23,580 --> 00:39:25,680
I couldn't stay
in the apartment.

831
00:39:25,750 --> 00:39:28,630
We heard testimony
from Mitch Palichek that

832
00:39:29,180 --> 00:39:30,630
when you woke up
the next morning,

833
00:39:30,690 --> 00:39:33,830
it was the first night's sleep you
had in several months. Is that true?

834
00:39:33,960 --> 00:39:35,160
It was.

835
00:39:36,290 --> 00:39:40,540
So you were pretty happy about not
having a baby to take care of anymore.

836
00:39:40,600 --> 00:39:41,940
That isn't true.

837
00:39:42,000 --> 00:39:44,170
Because now you
could smoke and sleep

838
00:39:44,230 --> 00:39:46,440
and do all the things you
couldn't when you were a mother.

839
00:39:46,500 --> 00:39:47,980
It wasn't like that.

840
00:39:48,340 --> 00:39:50,320
Mitch Palichek testified
that you told him you

841
00:39:50,370 --> 00:39:51,980
wished you hadn't
ever gotten pregnant.

842
00:39:52,110 --> 00:39:54,750
That's the way I...
I felt before he was born.

843
00:39:54,810 --> 00:39:57,980
But you continued to feel that way
even after you had him, didn't you?

844
00:39:58,050 --> 00:40:00,190
No.
That's the way you felt

845
00:40:00,250 --> 00:40:02,730
even as you watched
him starve to death.

846
00:40:02,820 --> 00:40:03,850
Objection.
No.

847
00:40:03,920 --> 00:40:06,760
Even as you watched
your husband

848
00:40:06,820 --> 00:40:09,960
put his tiny, lifeless
body into that bag.

849
00:40:10,030 --> 00:40:11,300
TYRELL: Your Honor?
JUDGE: Overruled.

850
00:40:11,360 --> 00:40:12,360
I tried!

851
00:40:12,730 --> 00:40:16,340
Is that why you turned up the volume on the
television when you heard your baby cry?

852
00:40:16,430 --> 00:40:18,240
Because you were trying?

853
00:40:19,130 --> 00:40:20,440
I needed help.

854
00:40:20,500 --> 00:40:22,070
You had help!
I didn't!

855
00:40:22,400 --> 00:40:24,540
The hospital gave you formula,
but you didn't use it.

856
00:40:24,610 --> 00:40:26,350
I told you why.

857
00:40:31,110 --> 00:40:32,720
Even when you were turned
away from the clinic,

858
00:40:32,780 --> 00:40:34,490
you didn't seek any other
medical help, did you?

859
00:40:34,550 --> 00:40:36,050
The nurse said he was okay.

860
00:40:36,120 --> 00:40:37,360
But you were his mother.

861
00:40:37,420 --> 00:40:38,990
They said he was okay.

862
00:40:39,050 --> 00:40:41,760
But you knew he wasn't,

863
00:40:42,260 --> 00:40:43,260
didn't you?

864
00:40:48,700 --> 00:40:50,040
You just wanted your baby dead.

865
00:40:50,100 --> 00:40:53,840
I didn't know what to do.
I swear, I didn't know!

866
00:40:56,670 --> 00:40:57,670
(SOBBING)

867
00:41:06,210 --> 00:41:09,660
TYRELL: Hand pumps,
electric pumps,

868
00:41:10,290 --> 00:41:12,930
bottles, formula,

869
00:41:13,790 --> 00:41:15,360
nipple confusion.

870
00:41:17,090 --> 00:41:19,730
Imagine how frightening it must
have been for a young woman

871
00:41:19,790 --> 00:41:22,470
to have that kind of
responsibility, Your Honor.

872
00:41:23,300 --> 00:41:25,180
Her husband at
work all the time.

873
00:41:25,600 --> 00:41:28,740
No family around to
help her, to teach her.

874
00:41:30,110 --> 00:41:31,110
She was isolated.

875
00:41:32,670 --> 00:41:34,950
And the few people
she did reach out to,

876
00:41:35,080 --> 00:41:38,550
only made her feel more inadequate
as a mother than she already did.

877
00:41:41,820 --> 00:41:44,520
Amy Beltran failed her child.

878
00:41:44,650 --> 00:41:47,030
She doesn't need this
court to tell her that.

879
00:41:49,660 --> 00:41:53,700
Only a woman can know the social
pressure to breastfeed today.

880
00:41:53,900 --> 00:41:57,600
And only a woman can suffer
the stigma of that failure.

881
00:42:00,470 --> 00:42:05,010
Amy Beltran will live with it
for the rest of her life.

882
00:42:06,240 --> 00:42:08,620
But her failure as a mother,

883
00:42:08,980 --> 00:42:10,920
as tragic as it is,

884
00:42:11,880 --> 00:42:14,050
is not criminal.

885
00:42:20,860 --> 00:42:25,570
There is nothing confusing about
those autopsy photographs.

886
00:42:25,930 --> 00:42:29,700
They're a picture of what this
defendant says she could not see,

887
00:42:30,030 --> 00:42:32,440
and they are not the
picture of an accident.

888
00:42:32,800 --> 00:42:37,770
It's hard to fathom a woman letting her
child starve to death before her eyes.

889
00:42:37,970 --> 00:42:41,110
But that is exactly
what Amy Beltran did.

890
00:42:41,310 --> 00:42:44,690
Her lawyer suggests
that others are to blame.

891
00:42:44,850 --> 00:42:47,880
But are we really at a point
where even feeding our babies

892
00:42:47,950 --> 00:42:50,760
has become someone
else's responsibility?

893
00:42:51,090 --> 00:42:53,970
Whether she was or wasn't
too young to be a mother,

894
00:42:54,120 --> 00:42:58,070
the same law that protects
her right to make that choice,

895
00:42:58,430 --> 00:43:01,840
demands that she be ready
to be one once it's born.

896
00:43:02,930 --> 00:43:05,470
Instead, this mother,

897
00:43:05,600 --> 00:43:07,640
who gave her child life,

898
00:43:08,270 --> 00:43:09,410
chose to take it.

899
00:43:09,840 --> 00:43:13,150
And that was not
her choice to make.

900
00:43:18,950 --> 00:43:23,050
In away, I think more than one person
should be standing before this court today.

901
00:43:23,120 --> 00:43:24,830
Certainly a father

902
00:43:24,890 --> 00:43:28,800
and advocates who dispense advice
in the form of intimidation.

903
00:43:28,860 --> 00:43:32,900
Even medical personnel who are more
interested in payment than patients.

904
00:43:33,700 --> 00:43:35,400
But ultimately,

905
00:43:35,460 --> 00:43:39,710
the responsibility for a child must
be placed on the primary caregiver.

906
00:43:39,770 --> 00:43:42,480
And even today, that
still means its mother.

907
00:43:42,870 --> 00:43:44,250
Miss Beltran,

908
00:43:44,540 --> 00:43:48,610
your depraved indifference to the warning
signs you had to have seen in your child,

909
00:43:48,680 --> 00:43:52,180
is only vitiated by your attempts to seek help.
It is not excused.

910
00:43:53,550 --> 00:43:56,890
I therefore find you guilty of
manslaughter in the second degree

911
00:43:56,950 --> 00:43:59,490
for recklessly causing
the death of your baby.

912
00:44:00,090 --> 00:44:01,090
(GAVEL POUNDS)

913
00:44:02,260 --> 00:44:03,600
(WHISPERING)

914
00:44:14,340 --> 00:44:15,780
CARMICHAEL: Judge
Steinman gave Amy Beltran

915
00:44:15,840 --> 00:44:18,480
one and a half to four
and a half years in prison.

916
00:44:19,810 --> 00:44:22,020
With one year
for Jimmy Beltran.

917
00:44:22,080 --> 00:44:25,020
That's less than three years
between the both of them.

918
00:44:25,710 --> 00:44:28,190
Talk about a throwaway child.

919
00:44:30,990 --> 00:44:32,990
I'm not happy about this.

920
00:44:33,490 --> 00:44:34,900
You tried the case you had.

921
00:44:34,960 --> 00:44:36,660
But I chose the case.

922
00:44:38,160 --> 00:44:40,110
Tomorrow is another day, Abbie.


