All language subtitles for law.and.order.s05e07.1080p.bluray.x264-segment

NARRATOR:
In the criminal justice system

the people are represented by two separate
yet equally important groups,

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

(CHILDREN CHATTERING)

GILLESPIE: This is us on the South Rim.
That's where you start from.

You see the other side? Yeah,
right behind your thumb.

Very funny.

Anyway,
it's five miles across.

This is halfway down.

And this is us
at the Phantom Ranch,

right at the bottom
of the canyon.

You can't tell, but it's one mile,
straight down.

A fantastic view.

You could tell me they had Keanu Reeves
naked down there,

you'd never get me to sit
10 hours on a dumb mule.

Officer, please,
| need your help.

It's my daughter, she's gone.
| don't Know how it happened.

All right. Just calm down.
She's just a baby.

Somebody stole my baby.
It was over here.

Emily's only three months old. She can't do anything
for herself.

You carry a picture of her?
No.

My wife, but she's at the doctor's office.
| just sat down for a minute.

Was the baby in a stroller?
No, it was a...

She was in a backpack thing.

| set her down
on the bench next to me.

What color was the backpack? Blue with white
and little letters.

| told the officers,
| dozed off.

But it was only like five minutes, and | wake up
and the backpack is gone.

Did you see anybody hanging around,
anybody following you?

No. No.
| didn't notice anybody.

Okay, Mr. Willach, just sit tight for a minute.
I'll be right back.

We've got people at all the entrances.
Canine units are on the way.

Did he see anything?
No.

Poor guy closes his eyes
for two minutes, bang.

Detective Logan.

This lady says she saw some guy hanging around
the playground this morning.

A bald man, over there,
two hours ago.

Taking pictures of kids
with a camera he's got.

| seen him around before.

So where did he go?

He went away.
| don't know where.

All right, I'm gonna put you together
with a sketch artist,

and you're gonna help him draw a picture
of this bald man, okay?

Okay. | thought this thing
only happens in my country.

What are you talking about?
Guatemala. You don't know?

It was all over the TV.

They steal the babies
for their organs.

She has the bluest eyes.

Does this kind of thing happen a lot here? | mean,
with so many people around.

Oh, you're not from around here?
We just moved to 94th Street

from Edison, New Jersey.
What are we doing here?

We're not doing any good
just sitting here talking.

Mrs. Willach, we have a lot of people out
looking for your daughter.

Oh, God,
why is this happening to me?

| should never have gone to the doctor's.
| should have stayed home.

It's my fault. If | hadn't sat down,
everything...

BRISCOE: Hey, nobody
blames you for sitting down.

You walked all the way to Heckscher playground
from 94th Street.

We got a nanny in the park who saw this man
near the playground.

Did you see anyone even slightly resembling
this man?

No, | was only
paying attention to Emily.

| mean... BRISCOE: That's okay.
We understand.

Whenever you want to talk to us, you just call
this number, all right?

We know how tough this is. Thank you, Officer.
Please, find her.

They always come up with a new angle.
"Help me find my lost dog."

"Let me take your picture." Anything that gets them
up close to the kids.

Yeah. Well, we've got Profaci
checking on arrests

in the park
for the past six months.

Have him pull the conditions reports
from the local precinct.

Maybe somebody's complained
about this "gentleman” before.

You know, for what it's worth, the nanny mentioned
something about kids

being snatched for their organs.
Yeah. Right, in Guatemala.

But around here,
the big money's in adoption.

Nice white baby girl, could be some rich yuppie
couple's dream child.

Look, | don't care if this child
was beamed up by E.T.

Let's just find her before she's old enough
to go to kindergarten.

Head back to the playground. Word gets around
about creeps like this.

(CHILDREN CHATTERING)

Looks like a guy | once married.
Thank God he's dead.

Anybody else?

Did he have a camera with him?
That's the guy.

He was over at Riverside Park a couple of months ago.
Wouldn't leave us alone.

He was there every day for a week. | complained
about him to a cop.

And?

He finally gave the guy
a ticket.

Afterwards, the cop told me there wasn't even any film
in the camera.

Do you happen to remember
what day that was?

Listen, | got no receipt,
but | paid that ticket.

We know you paid it,
like you paid the other two.

By the way, you like to hang around
playgrounds?

| like the fresh air. Speaking of air,
what's that smell?

What smell?

Oh, once you smell that,
you can never forget it.

There wouldn't by any chance be a diaper in there,
would there, Robert?

Hey, look, the diaper belongs to a friend's kid.
She was here yesterday.

| mean, is it a crime
to have dirty diapers?

Depends on what baby
crapped in his pants.

Where were you this morning?
Today?

Hey, | know what this is about.
It's that kid, the one on TV?

Awitness puts you
in the park this morning.

Come on, | look like a pervert?
Kids are not my thing.

What is your thing?
Look, Officer,

I'm just a guy
trying to get busy.

There's a lot of lonely nannies out there.
| give them a line.

I'm a commercials agent
looking for kids, huh?

It's a gimmick, just to get names
and numbers. See?

You got all these from the parks?
Hey, this stuff works.

He has the girl's name,
number, everything.

He's in the clear
as far as this case goes.

Profaci worked up a list of possibles
from the precinct reports.

There's droolers, flashers,
junkies, chicken hawks...

Little something
for everybody?

It's nice to see the public
getting into the act.

We've got baby sightings
in all five boroughs,

including eight from our friendly
neighborhood psychics.

Divvy them up with Profaci,
Vosko and McBroom.

| want every lead followed up.

It might be a good idea to have another talk
with this Willach.

He was a little sketchy
this morning.

But | might be able to get
a little more out of him now.

{(PHONE RINGING)

Van Buren.

They'll be right down. The search teams
found something.

It was in the bushes near the park entrance
at 93rd.

It's practically brand new.

The only fresh prints on it
belong to Martin Willach.

He was fingerprinted when he was bonded
for his job.

| guess the perp
could have worn gloves.

Right. He runs across the park,
tosses this thing,

then puts the kid
under his arm

like a loaf of bread.
Okay.

The baby never made it
out of the park.

I'm thinking she never made it
into the park.

Wait a second.
Willach lives on 94th Street.

He enters the park at 93rd and walks right past
where this thing was found.

You think that guy's capable?

Hey, you never lost a night's sleep
to a crying baby.

MAN: Yo!

This is not a public place.
Reporters aren't welcome here.

Yo. Police. We're looking for
Marty Willach.

Oh, I'm sorry.

Him and his wife went across the street
with some friends.

Reporters have been bugging
the hell out of them.

Were you here this morning when Marty took his baby
to the park?

Yeah, | was here,
but | didn't see Willach.

Anyway, the stroller
was here all day.

That's what they push the baby around in?
Yeah.

| hear the chain rattle
every time they take it out.

They always keep it here? Well, | tell him to keep it
in his apartment,

but, you know, Marty told me he doesn't want to carry it
up and down the stairs.

He's got a bad back
from lifting cartons all day.

{(PHONE RINGING)

| gotta get that.

He's got a bad back, but today he carries the kid
30 blocks

in a brand-new backpack?

Carrying an empty backpack under his arm's
a lot less obvious

than pushing an empty stroller
down the street.

You're gonna talk to us,
Marty. You're gonna tell us

what happened

You're a liar. You tried to make it look
like someone took her.

That's why you ditched this.
Mike.

Right, Marty?
Mike!

Right?
Back off!

Come on. Go get a cup of coffee,
will you?

(SIGHING)

Marty, we got this guy,
this camera bug. Remember?

The bald guy in the sketch. Some people put him
in the park

right about
when you fell asleep.

We can convict him, easy. Kidnapping.
It's a life sentence.

Now, do you think
that's right, Marty?

For us to put this guy
away for life’?

| told you,
| never saw the guy.

But you know for a fact
he didn't take Emily.

Because you know the truth.

Marty, we all try to hide
from the stupid things we do.

| mean, things we shouldn't do,
that we didn't mean to do.

You're trying to make me say
| killed my own daughter?

| don't want you to say anything
but the God's-honest truth.

Marty, | know what it's like being a father.
| have two girls.

When they were little there were times when
the only thing in the world

| wanted was for them to shut up
and get the hell away from me.

But they didn't.

They never did. They were always there,
screaming, crying.

Emily wasn't like that.

She was never in the way?
She was never once like that.

So how did this happen?

Somebody took her.

Right.

You know, Marty, I'll bet your life was really nice
before Emily came along.

| Know my marriage was perfect
before we had kids.

Our marriage is still perfect.
Yeah.

But you have to stay home
with the baby, right?

What was she, teething?
Crying a whole lot? | mean,

so you lose your temper. You shake her
a little bit too hard.

You didn't know, she's just a delicate
little thing.

| wouldn't do that.
| love Emily.

And you're gonna let her
just disappear forever?

Like she was never here?
A nobody?

Marty, she's your daughter,
and you loved her.

But she deserves better than this,
am | right?

Marty, am | right?

There's a place by the Hudson River,
just down the street.

We'd take Emily there
to just sit,

watch the sun set
over New Jersey.

Now you're being a good father
for telling us the truth.

Son of a bitch.

(POLICE RADIO CHATTERING)

MAN: We got something here.

Pull it.

From the amount of congestion
on the brain and lungs,

I'd say this baby
died from asphyxia.

No marks or bruises on the throat.
She could have been smothered,

or she could have
died naturally.

You mean like crib death?
It's possible.

Were there marks anywhere on the body?
Not even a rash.

The baby was clean, well-fed
and wearing a new diaper.

Everything Dr. Spock says
you should do for a baby.

Yeah. | guess | skipped the part about
stuffing them in a cooler.

She was wrapped in satin bedding.
This was around her neck.

And this was next to her.

1 didn't kill her.
She died in her crib.

Emily was sick a lot. Eileen was always taking her
to Mount Sinai.

And then yesterday,
when we got up at 5:00,

she was just lying there,
on her stomach.

She was dead.

How did you know? You a doctor?
She was ice cold.

And you don't call
anybody for help?

We were going crazy!
| mean, anybody would

if they found
their little girl dead.

Not everybody goes out first thing looking
for an ice chest.

You don't understand.
| did it for Eileen.

| had to protect her.

Marty was worried about
what people would say.

I've seen it happen
with other parents.

A baby dies like that, all of a sudden, in her crib.
There's always talk.

You don't know
how cruel people can be.

Believe me,
I'm getting an education.

Listen to you.
There's never any sympathy.

You're saying people would blame you
for this?

Oh, | know for a fact that they would,
especially our families.

They blame me for everything.
Explain that to me.

Once, a bottle | was sterilizing
exploded in boiling water.

Glass everywhere.

They blamed me.

The worst things happen to me.
They always do.

Whoa.

This lady
is on a different planet.

She is more concerned about
what's happening to her

than what happened
to her baby.

And yet the ME finds no evidence this child was
murdered or even neglected.

So what do you wanna do?

Cite the Willachs for failure to obtain a burial permit
and send them home?

I'm saying there are more wrongs
than rights with your picture.

I've seen babies abused to death
by crazed mothers,

and this child doesn't look like one
of those babies.

She's just as dead.

Look,
if Mom is feeling guilty,

maybe that should
tell us something.

Hey, crib deaths happen, Mike.

If it was my kid, maybe I'd feel guilty
about it.

And naturally, you'd grab a shovel
and head to Riverside Park?

Come on, you guys are
the mommies and daddies here.

If you found your kid like that, wouldn't you
rush him to the hospital

in the middle
of a damn snowstorm?

All right. The child
was a regular at Mount Sinai?

Start there.

WOMAN ON PA: Dr. Morgan,
please pick up line two.

Eileen Willach brought
her daughter in eight times.

Low-grade fever,
irregular breathing.

But there was nothing wrong
we could find.

Her biggest complaint was that her baby cried
all the time.

| told her

Like an over-anxious parent?

We get our share coming in with all sorts
of imaginary complaints.

All they really want
is a pat on the head,

someone to tell them
they're doing just fine.

A lot of them complain about their kid's imaginary
breathing problems?

We did full work-ups on that child. She diagnosed
healthy every time.

Did you ever discuss it with the Willachs'
regular baby doctor?

| didn't see the point.

Well, maybe we'll take him up on it. Can you give me
his name and address?

It's a Dr. Henry Royce, in Edison.
Edison?

They live in New York but their pediatrician's
in New Jersey?

Mrs. Willach said she hadn't had time
to find somebody new here.

Royce used to take care
of her other children.

| was concerned that might happen. Crib death.
Same as their other children.

They're dead, too?
Yes.

Daniel at five months
and Caroline at three months.

Excuse me, Doc, but three kids sounds a little more
like crib homicide.

| made a thorough examination
of the children.

They showed high levels
of blood ammonia.

This suggested to me they had an inherited
metabolic disorder

that could result
in sudden death.

So they died
of some genetic disease?

In layman's terms, you could say
they carried a death gene

inherited from their parents.

Well, if Kids are so important to them, why not
just adopt healthy ones?

| thought they had.
Kings County Child Services.

They asked me for my opinion.

| highly recommended
Eileen and Marty.

Gary was 18 months old. Mrs. Willach practically
begged to have a child.

So anybody begs for a kid,
you give them one?

Even when their own two kids
died in their sleep?

Oh, no. The doctor said
they died of crib death.

Every required precaution was taken.
Well, what about little Gary?

The Willachs

Nothing was proven, but...
But what?

Well, there was
an allegation of abuse.

Mrs. Willach took Gary to the hospital
a half a dozen times.

You know, allergies he didn't suffer from,
fevers he didn't have.

A parent who worries
about her child's health.

That doesn't sound abusive.

Well, one day she brought him in
with respiratory distress.

He had to be resuscitated.

The doctor said
that he thought he saw...

| shouldn't be
telling you this,

but he said he thought he saw signs
that Gary had been suffocated.

That's all | can say.
| am sorry.

Four kids
with breathing problems.

And one of them
a foster child.

| wonder how he got the death gene?
Off a doorknob?

EILEEN: This is so unfair.

My baby's dead, and you keep asking me
these questions.

| understand the pain you're in.
You've lost three babies.

It's in our blood.
That's what our doctor said.

Our genes kill our babies.

That's why you got Gary
from the foster agency, right?

Because your doctor said not to have any more
of your own?

But the foster agency
took Gary away.

There was something wrong with him.
Breathing problems, right?

Same as your own children.

Were you alone with Gary
when he got this problem?

| did the best | could. | went to the hospital
with him.

| saved his life.

You did what any good mother
would do.

I'm not a good mother.
Why do you say that?

My babies cry all the time.

Other people's babies
don't cry.

What did you do
when your babies cried?

| want to go to the bathroom.

If you want,
we can take a break.

Wanna take a break, Marty?

Maybe you're right.

Let's go over it
one more time.

Three babies died
because of bad genes.

What about that foster baby?

That's the one
| have a problem with.

Don't you have a problem
with that, Marty?

What the hell does that mean? Is that a "yes" shrug
ora "no" shrug?

It's nothing.

Don't snow me, Marty.
You're a very smart man.

You know Eileen
was alone with Gary.

You must have thought about it.
People have thoughts.

| think about
winning the lottery.

| think about
quitting my job. So what?

It's just thinking.

The way it works between us is I'm gonna tell you
what | think

and you're gonna tell me
what you think.

Everybody thinks Eileen
did something to them.

But what do they know?
Nothing.

All I'm asking you is
what you think.

Isn't it possible
Eileen did something?

It's possible.

Nobody appreciates
what it's like.

After you give birth,
they all come and visit you.

They're all so proud of you.

But after a while, they stop coming.
And Marty, he goes to work,

and he comes home tired.
And I'm left with nothing.

Eileen, | know you're a very
religious person.

| saw the crucifix
you put on Emily,

and you told me
you go to church.

Yes. Every week.

Don't you ever ask why
God keeps taking your babies?

| don't blame God.
Why not?

If something is wrong with your children,
it must be his fault, right?

Then whose fault is it?

Because people are gonna
blame God for what's happened.

| didn't kill them.

Can't you see
how this all hurts me?

All of my babies die
and nobody understands me!

As far as the wife goes, | don't know what
we're dealing with here.

Maybe if you leaned a little harder
on the husband?

Hey, it took four hours
just to get him to say

he thinks
she might have done it.

Claire, three suspicious deaths,
a cover-up,

one child nearly
strangled to death.

Child services could've pursued that case,
and they didn't.

They weren't dealing
with a dead baby in a cooler.

A child our own medical examiner says was
neither abused nor injured.

She can't even tell us
how she died.

You wanna let them walk,
it's up to you.

They'll just hitch up the U-Haul
and hit the road,

same as they did every time one of their kids
got a medical problem.

Yeah. Let the next dead kid
be some other DA's headache.

All right. I'll make it work.

Eileen needs a diet soda. Then we'd like to go.
We've been in here all night.

Eileen Willach, you're under arrest for
the murder of Emily Willach.

Murder? This is ridiculous! You have
the right to remain...

Martin Willach, you're under arrest
for hindering prosecution.

You have the right to remain silent. Anything you
say can and will be used...

The judge released the Willachs
on their own recognizance.

He wasn't impressed that the ME hasn't made a finding
as to cause of death.

Three dead babies.
Three autopsies.

Are we the only ones
calling it murder?

If it's any comfort,
the tabloids are on our side.

So far, we have "Mother Death,"
"Cradle Killer"...

You plan on presenting anything more than headlines
to the grand jury?

The prior deaths and the incident
with the foster kid

show a pattern of behavior.

Or arun of bad luck.

I'm beginning
to agree with the judge.

Without a definite medical finding, this murder
charge is premature.

I've talked to the ME. The problem is it's not that
hard to imitate crib death.

There has to be an expert in the field
who can sort this out.

Find one, before we send the Willachs
a six-figure apology.

Your medical examiner's right.
Smothering an infant,

for example with a pillow,
can mimic crib death.

The only way to spot the difference is by looking
for what isn't there.

Crib deaths leave a telltale sign?
Correct.

When an infant is smothered,
there's no hemorrhaging,

no marks on the body.

| looked at the autopsy reports
for their first two babies.

No marks
were found on them either.

The Willach's pediatrician blamed those deaths
on a hereditary disease.

Since both parents are healthy, the gene,
if it exists,

would be recessive.

Chances of a child inheriting it
would be one in four.

And the chances of all three children
in one family?

Statistically insignificant.
My report will cover that.

If you can include motive,
we'd appreciate it.

| can tell you
how that baby died, not why.

But I'll refer you
to someone who can.

The more you complain, the more you exaggerate
your small tragedies,

the more attention you get.

The squeaky wheel
gets the grease.

That's the general idea. We refer to it
as Munchausen syndrome,

after a German baron who had a way
of extorting money

from people by plucking their
sympathetic heartstrings.

Women like Eileen Willach take it to its
most extreme level.

By killing their own children?

Can you think
of a more pitiful figure

than a mother who's just lost
her infant baby?

All that compassion and concern
pouring out to her?

Eileen fits this profile?

Well, as far as | can infer
from the reports you sent me.

There are the constant visits
to the emergency room,

the phantom illnesses,
the pleas for attention.

"The worst things
happen to me."

She's a sympathy junkie. She needs to play
the grieving mother.

And once the grieving is over? Oh, the world
goes back to normal,

and everyone
forgets about poor Eileen

until the next baby dies.

| don't really understand
what this is saying.

Our pediatrician
told us it runs in our family.

Your doctor made a mistake.

We had specialists check
the autopsy report.

They all reached
the same conclusion.

Emily was smothered
in her crib.

Read your own report, McCoy.

They said there was only
an 85% probability.

Not when you consider
the previous deaths.

Mr. Willach, we're prepared
to be lenient with you.

But Eileen
would never hurt anyone.

You told Detective Logan
it was possible.

You're twisting my words.
| didn't say that at all.

Come on, Marty.
We've heard enough.

Ms. Brolin, is it obvious to everyone
but you

that you've got
a conflict of interest here?

Marty and Eileen want the same thing,
to be left alone,

to get on with their lives.
If | were you, Mr. Willach,

I'd find my own lawyer.

No. Your doctors are wrong.
Eileen loved our babies.

Always nice to find a fellow who says, "Till death
do us part," and means it.

If those were my children,
I'd want that woman in prison.

With a 15% chance
that she's innocent?

| wouldn't tell that
to the next Mrs. McCoy.

That leaves Dr. Webb
and the Munchausen syndrome.

Munchausen shumpchausen.

All the defense has to do is to pack the courtroom
with people

who'll swear that Eileen Willach
was the ideal mother.

JACK: There may be a few people who won't show up
on that witness list.

Let's start with these two.
Howard and Theresa Tritch.

Marty's sister
and brother-in-law.

According to the baptism certificates,
they were the godparents

for the first two
Willach kids.

I've been staying up nights
worrying about this.

But if you didn't call, | probably wouldn't have
said anything to anybody.

You think Eileen killed Emily?
She must have.

| can't stand
thinking about this.

On the phone, you said you suspected Eileen
since their second baby died.

Yes. Caroline.

| mean,
it was the way she acted.

Like at the wake, she just parked herself
by the casket

and sat there all night,
like a statue.

The only time she cried was when people stopped
paying attention to her.

Did you say anything
to your brother?

He said Eileen would
straighten out.

Look, Miss Kincaid,
he's a decent guy.

He thought he would be a bachelor his whole life
until he met Eileen.

| don't think he's even been away
from her for more than a day.

And he's happy to keep fathering children
for Eileen to kill?

No. After Caroline died, he told me he wanted
a vasectomy.

He even saw a doctor about it.
Eileen talked him out of it?

He found out that she called a divorce lawyer
and after that,

| never heard anything
more about it.

She just called her lawyer
to find out about adoptions.

| don't Know who told you
she wanted a divorce.

And then, coincidentally, you decided against
a vasectomy?

Look, you're wasting your time
talking to me.

I've told you everything | know.
Mr. Willach,

if we could talk to Daniel or Caroline or Emily,
we would.

You're the only person alive who knows
what happened to them,

aside from your wife.

They just died.
No.

They didn't just die.

Your wife held a pillow over their faces.
No.

And because you're afraid of her,
their deaths go unpunished.

| am not afraid of my wife. She's important to me.
| love her.

And not them?
You didn't hold them,

you didn't watch them sleep,
you didn't love them?

Please, put them away.

No, look at them, Mr. Willach.
Three beautiful babies.

When is it gonna stop?

She's got nobody else. You don't understand
about Eileen.

She's always felt lonely. She told me how her parents
never gave her any love.

These babies
were important to her.

She'd dress them up.
She'd show them off.

She got so much love
from them.

Eileen can't be alone.
She needs me.

I'll be there for her,
Mr. McCoy, no matter what.

You're more convinced
than ever that she's guilty,

and you're no closer to proving it.
| don't call that progress.

Maybe we don't have to prove
who smothered the baby.

Maybe it's enough that they were both in the apartment
when it happened.

We charge them both
with murder?

There's enough guilt
to go around.

Willach stood by and did nothing while
his wife murdered their baby.

The Joel Steinberg case.

Parents have an affirmative duty to act to
save their children's lives.

That's assuming
that the parent knows

that the kid's in danger.

You're not gonna charge Willach for keeping
his eyes closed.

He knew what happened
to the first children.

He knew what happened
to the foster kid.

A jury would have to conclude that he knew the same thing
would happen to Emily.

They'll conclude
no such thing.

No judge in his right mind will allow a jury to hear
about these prior acts.

Adam, I'm trying to stop
a serial killer.

But if you think I'm wasting the resources
of this office...

If you believe that you have a serial killer,
go to trial.

But don't expect it to be a walk
in the summer rain.

The child would be
on its back, in its crib.

The pillow was pressed
over its face, like this.

JACK: For how long?
Minimum 20, 30 seconds.

How much effort to smother
a three-month-old baby?

Almost none. The weight of the pillow
does most of the work.

One last question, Doctor.

When a baby is dying of crib death,
does it make any noise?

Normally, yes.

As the child struggles
for breath it moves about.

It's usually found dead pressed against
the side of the crib.

Thank you, Doctor.

Dr. Slavin, can there exist in a child
a genetic predisposition

for a form of crib death?

| suppose it's possible
if we're talking about

a single individual member
of a family.

We are talking only
about Emily Willach.

Did you examine her remains
for this possibility?

No, | didn't.
Thank you.

After Eileen gave her a bottle,
we went back to sleep.

Then | got up to go to the bathroom.
| don't know what time.

| was gone
maybe five minutes.

Did you happen to see
if Emily was all right?

No. Her crib's
on the other side of the bed.

But she wasn't crying or anything like that.
| thought everything was fine.

| went back to bed.
And then what happened?

Eileen got up
to get a glass of water.

Next thing,
we woke up about 5:00.

That's when we realized
Emily was dead.

And what did you do?
There was nothing we could do.

| decided we should just bury her and pretend
that somebody stole her.

| was just trying to spare
my wife's feelings.

Thank you.

Just so the jury understands how you disposed
of Emily's body,

you put her in this $20 cooler, correct?
Yes.

And then,
while it was still dark out,

you dug a hole in the ground

and dropped her in,
like a bag of garbage.

Is that correct? It wasn't like that.
She wasn't garbage.

And you did this brutal thing just to spare
your wife's feelings?

What about you, Mr. Willach?

While you were tossing dirt over your daughter,
what were you feeling?

| don't know.

| was trying hard
not to think about it.

One last question, Mr. Willach.
Are you a light sleeper?

No, | wouldn't say that.

Well, you woke up when your wife got up
to give the baby a bottle,

isn't that correct?
Yes.

And you woke up
when she got a glass of water?

In fact, it seems you woke up every time your wife moved,
is that correct?

Sure, okay, | guess
maybe I'm a light sleeper.

Then why is it, sir,
that you didn't wake up

when your daughter was struggling for breath
not three feet away from you?

| can't explain it.

EILEEN: | got a glass of water from the fridge. | was gone
for maybe 10 minutes.

Then | went back to sleep.

When we woke up, Emily was dead.
| was out of my mind.

My baby was dead.
We weren't thinking.

We were so upset.

Emily was our precious baby.

| was a good mother.
| really was. | tried.

Maybe if I'd gotten up
earlier, orifl...

| just didn't
have the experience.

| just didn't
know enough about babies.

Thank you.

How much experience
have you had as a mother?

Emily was three months old.

Was she your first child?
Objection.

She put out the welcome mat,
Your Honor.

I'm entitled to challenge her statement
about limited experience.

| remind you, you're proscribed
from bringing up prior acts.

You so much as brush up
against the line, Mr. McCoy,

and I'm gonna yank the leash.

The objection's overruled.

Well, Mrs. Willach,
was Emily your first child?

No. She wasn't.

How many other children
have you had?

Two others.
Daniel and Caroline.

Sounds as if you've had quite a lot of experience
raising children.

Tell us, are Daniel and Caroline
living with you now?

Objection. Your Honor,
| move for a mistrial.

Your objection’s sustained.
Your motion's denied.

Mr. McCoy, find another line
of questioning.

| have no other questions,
Your Honor.

A child dies mysteriously in its crib.
No cuts, no bruises,

no signs of abuse.

The District Attorney says
Emily was murdered.

He says Eileen and Marty Willach were alone
with her when it happened.

We say there was somebody else
in that apartment.

God, fate, nature.
Call it what you will.

In our attempts to understand
what happened to Emily,

we can only look to God,

not to the parents
who loved and cherished her.

The requirement
for criminal liability

includes the omission
to perform an act

where a duty of performance
is imposed by law.

Sounds complicated,
but it's really very simple.

Emily Willach was suffocated with a pillow.
Did her mother hold the pillow

or did her father?
It doesn't really matter,

because the one who watched, who didn't rip
the pillow away,

who didn't fight tooth and nail for Emily's life,
is equally guilty.

Nine votes to convict.

And three who didn't agree that there was enough guilt
to go around.

Nine jurors were convinced.

Next time we'll work harder
on the other three.

How often do you want
to come back to square one?

You don't think
we should re-try them?

Not until you can
point at Eileen Willach

and say,
“There's your murderer."

Call Brolin.
See what you can work out.

All right. | didn't want it
to come to this.

I'll agree to a plea
on one condition.

That she agrees
to a tubal ligation.

You're riding your motorcycle
without a helmet.

You want to have
her sterilized?

Well, | heard it was a popular procedure
in Germany 50 years ago.

Now, hold on.

I'm not goose-stepping anybody into the operating room,
first of all.

Second, as long
as she can have babies,

this woman's killing spree
is going to continue.

If your crystal ball
is that good,

I'll tell the Mayor we don't need
the police anymore.

How many more deaths do you need before you can
predict a pattern of behavior?

Five? 10?
What's the magic number?

Try 1942. Skinner v. Oklahoma.

The Supreme Court recognized
procreation as a basic right.

They also thought that segregation
was an idea worth protecting.

Times change,
perceptions change.

Claire, if this was a rapist and the issue
was chemical castration,

we wouldn't even be having this argument.
Yes, we would.

Jack, once you open the door to state interference
in a person's body,

everyone from anti-abortionists to advocates
of sterilizing the retarded

will come marching through.
Don't kid yourself.

The state already interferes
with your body.

You can't legally inject
heroin into your veins.

You can't legally
commit suicide.

And the state has the right to put your body in a uniform
and send you off to war.

Twelve states already have
compulsory sterilization laws.

I'm not breaking any new ground here.
It's morally repugnant.

It's a medical procedure.
It's morally neutral.

If it's used to wipe out
a race of people, it's evil.

If it prevents a killer from creating new victims
for herself,

it serves a moral good.

| know
it's not the popular thing,

but it may be the only thing
that'll stop her.

Well, it's been tried before,
unsuccessfully.

And | don't think you're gonna find a judge
in a million years

that'll go along with you.

We're amenable
to a plea bargain,

but Mr. McCoy has put
an incredible stipulation.

That's stating it mildly. He refuses
to discuss alternatives.

We want him removed
from the case.

Your Honor, we can present expert testimony
that Mrs. Willach suffers

from a syndrome that compels her
to murder her children.

These "experts" haven't
even examined my client.

We have an affidavit from Mrs. Willach's doctor
that this procedure

is invasive and in most cases irreversible.
That's fact, not theory.

You can't let him
do this to me, Your Honor.

Mr. McCoy, I'm stunned that you would believe
for a second

that this is a precedent
| would want to set.

Well, | can't accept
a plea bargain without it.

I've weighed her rights against the rights
of her next dead baby.

If | were you, I'd take another look
at your scales.

We don't punish people for crimes they haven't
committed yet.

Either you accept the plea
without the stipulation,

or I'm going to grant
the motion to remove you.

Then that's what you'll have to do,
Your Honor.

Well, what did you expect?

Judge Leon wasn't ready
to take on the Supreme Court.

I'm not trying to fix
the world, Claire.

Brolin's brief.
Worth a second look.

The doctor
who signed the affidavit

says Eileen's been his patient
for the last six weeks.

So?
He's an obstetrician.

Adam Schiff has been slow to assign
a new ADA to the case.

| hope it's because you've had an attack
of common sense.

You won't find anybody
in this building

willing to discuss
a plea bargain with you.

We talked to your doctor,
Mrs. Willach.

He says you're two-and-a-half months
pregnant.

Eileen, how could you... You didn't know,
did you, Mr. Willach?

Oh, Marty,
| was gonna tell you.

This doesn't change anything.
| think it does.

Am | right, Mr. Willach?

In a year, will you be helping this child
take its first steps,

or will you be...
McCoy.

.. standing over
another grave?

It's your decision this time,
Mr. Willach.

Marty, don't do this to me.

| want her to get help.

It depends on you.

Marty, | strongly urge you
not to say another word.

Eileen was standing
beside Emily's crib.

She was holding a little pillow
we used in the stroller.

She looked at me.

| knew.

After Caroline, | thought things
would be different.

You're a good person.

| just don't know
why you do this.

| want you to go somewhere
where you can get help.

Jack, man one, with a sentence
recommendation.

She tried to delay her sentence until
after she gave birth.

She didn't want her baby
being born in prison.

Probably the safest place
for the child.

By the time Mom gets out of Bedford, the kid should
be able to defend itself.