1
00:00:00,000 --> 00:00:01,640
In the criminal justice system,

2
00:00:01,640 --> 00:00:05,320
the people are represented by two
separate yet equally important groups.

3
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The police, who investigate crime,

4
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and the crown prosecutors,
who prosecute the offenders.

5
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These are their stories.

6
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(MUSIC POUNDS)

7
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Leila?

8
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Leila!

9
00:00:31,920 --> 00:00:33,960
Leila!
(MUSIC STOPS)

10
00:00:35,390 --> 00:00:37,260
You think Alex can sleep
with that racket on?

11
00:00:37,300 --> 00:00:38,810
- Sorry. I wasn't thinking.
- Yeah,

12
00:00:38,880 --> 00:00:40,960
- He had the monitor with you.
- Of course.

13
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He's out for the count.

14
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The monitor is switched off, Leila.
(ALARM)

15
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Call 999.

16
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Phone 999, Leila!
(ALARM CONTINUES)

17
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Now! Call 999!

18
00:01:02,800 --> 00:01:04,090
Now!

19
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Mr Raines, you'll be allowed to
carry your son to the ambulance

20
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and hold him
on the way to the hospital.

21
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You'll both be able to stay with him
for as long as you need to.

22
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Where is he? Where is my baby?
Where's Alex?

23
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- Where is he?
- Suzie...

24
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No.

25
00:01:24,280 --> 00:01:26,080
- No.
- No, don't!

26
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Don't! Don't!

27
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(WAILS)

28
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No!

29
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Clear signs of encephalopathy,
intracranial and intraocular bleeding.

30
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- Hang on. I thought it was cot death.
- It's not. That's why I called you.

31
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He has the typical triad of injuries
seen in Shaken Baby Syndrome.

32
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So, you're saying someone shook him?

33
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Well... I checked for everything else.

34
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And the time of death
was between 7 and 9 PM.

35
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Yes. But the abuse could've occurred any
time in the last 12 hours of his life.

36
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Right. So working back from
time of death, someone

37
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- could've shook the baby at say 7
- AM
yesterday morning.

38
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- And he took 12 hours to die.
- It's possible.

39
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If you ask me, someone picked that
baby up and shook it for all it's worth.

40
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This baby monitor's
state of the art stuff.

41
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Breathing sensor, camera,
recording device.

42
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Was there a video recording
of that night?

43
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Yes. But when the monitor's
switched off,

44
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it deletes the last recording, unless you
press save.

45
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Is there a way
to retrieve the recording?

46
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I can't, but I know a man who can,
if he has the hard drive.

47
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- Might take a while, though.
- Get onto it straight away.

48
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Do we know who had access
to the baby?

49
00:03:13,802 --> 00:03:17,241
Well, Suzanne Raines hands the baby
over to the nanny

50
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and then leaves for work at 7:30.

51
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But that's all it takes -
half an hour.

52
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Mum's running late, the baby holds
tholds her up, she loses her rag -

53
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Hang on. Mum's not the only one
with access to the baby.

54
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In most cases of SBS, like it or not,
the mum is the prime suspect.

55
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Well, that's because most of the
time the mum's the main caregiver.

56
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- But that's not the case here.
- Yeah. There was a nanny, right?

57
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Yeah. She is live-in,
but no formal childcare training.

58
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All right.
Talk to the parents first, but...

59
00:03:42,764 --> 00:03:44,804
go easy on them, boys.

60
00:03:48,524 --> 00:03:51,085
All new mums and dads
worry about cot death.

61
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The first few weeks, I was up half the
night checking he was still breathing.

62
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That's why we got the monitor.

63
00:03:57,510 --> 00:03:59,336
They're meant to be
safe after six months.

64
00:03:59,766 --> 00:04:02,805
When we found out that it was more
likely to happen to boys than girls,

65
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- we read up about it.
- Mm-hm.

66
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And we always put him on his back
and we never left him to cry.

67
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We don't think it's cot death.

68
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- Is that what all this is about?
- There was bleeding in Alex's brain.

69
00:04:16,647 --> 00:04:18,527
Sorry. Bleeding? How?

70
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- Someone shook him.
- No.

71
00:04:20,847 --> 00:04:23,767
There must be some mistake.
(MOBILE RINGS)

72
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It's work. I have to take this.

73
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- Just let it go to voicemail, Suzie.
- I can't.

74
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Yes?

75
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- For God's sake, love!
- Well, can't someone else?

76
00:04:34,128 --> 00:04:37,209
No. OK. No, fine. I'll deal with it.

77
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So much for compassionate leave, eh?

78
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You must be under a lot of pressure.
I mean,

79
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demanding boss, little baby.

80
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- Sorry. What are you getting at?
- It's perfectly understandable.

81
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A lot of new mums don't realise
how hard it's gonna be.

82
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- Sleepless nights.
- No, no. Don't you dare.

83
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My wife spends every lunch break
in the toilet expressing milk

84
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so she can still breastfeed Alex.

85
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Does that sound like
a mum who wants to hurt her kid?

86
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Mr Raines.

87
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We have to ask these questions.

88
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Leila told us that she...
normally takes over around 7:30.

89
00:05:16,492 --> 00:05:19,600
Can you remember what time you handed
the baby over yesterday morning?

90
00:05:19,932 --> 00:05:22,132
She got him up
after I left for work.

91
00:05:23,293 --> 00:05:26,213
I had to be in the office at six
to take an international call.

92
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I'm selling some flats
for an overseas client.

93
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I didn't even open the door.

94
00:05:33,293 --> 00:05:36,894
And what about you, sir? Did you see
Alex before you went to work?

95
00:05:36,894 --> 00:05:37,900
No.

96
00:05:38,600 --> 00:05:41,374
I was away in Manchester
on business overnight.

97
00:05:41,800 --> 00:05:42,990
I got back erm...

98
00:05:43,414 --> 00:05:45,895
I don't know - a minute,
two minutes before I found him.

99
00:05:47,100 --> 00:05:51,015
Right.
Other than yourselves and the nanny,

100
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does anyone else have
access to the house?

101
00:05:52,955 --> 00:05:54,575
My husband's ex-wife has a key.

102
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Andrea and I share
an online jewellery business.

103
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- The office is here in the house.
- And was she here yesterday?

104
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- I was in Luton, looking at samples.
- All day?

105
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It was a big order. The supplier wanted
to take me out for lunch.

106
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We're old friends.
I can give you his contact details.

107
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Then I got back early evening
and it was just me,

108
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Emmerdale and a bottle of wine.

109
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- Could anyone have taken your keys?
- No. I had them with me.

110
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Does Suzanne mind
you working with Michael?

111
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We're all grown-ups.

112
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Look. It's that nanny of theirs
you should be talking to.

113
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You do know about the time
she overdosed the baby?

114
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A couple of months ago,
Leila turned up at AandE with Alex

115
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- because he overdosed on Calpol.
- How does a four-month-old baby

116
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get the top off a bottle of Calpol?

117
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Well, Leila had given him
the maximum dosage

118
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meant for babies over one year old.

119
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She repeated the dosage
one hour later.

120
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She realised what she'd done,
panicked when she read the bottle.

121
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And the parents never mentioned this?

122
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Well, Alex was absolutely fine.

123
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One mistake, all right.

124
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But two months later,
the baby ends up dead.

125
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Let's see what our nanny has to say.

126
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I didn't read the bottle properly.

127
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You did it again
less than an hour later.

128
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I was tired. I forgot
I'd even given the first lot.

129
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Soon as I realised what I'd done,
I took him up the hospital.

130
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And it says here you got
- into the AandE at around 10
- AM.

131
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- Yeah?
- He was teething.

132
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Suzanne was away at some work thing.

133
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- I'd been up with him half the night.
- So you were stressed.

134
00:07:23,703 --> 00:07:25,983
Too right, I was. Suzanne only used

135
00:07:25,983 --> 00:07:28,224
homeopathic stuff on him
when he was unwell.

136
00:07:28,224 --> 00:07:31,100
Said she was worried about
the E numbers in kids' medicine.

137
00:07:31,204 --> 00:07:35,397
- Well, that's a parent's choice.
- She wasn't stuck with a screaming baby.

138
00:07:35,400 --> 00:07:36,900
So you went against her wishes.

139
00:07:37,505 --> 00:07:39,745
She was into all that hippy shit.

140
00:07:39,745 --> 00:07:43,705
You can't do attachment parenting
if you work 12 hours a day.

141
00:07:44,400 --> 00:07:46,825
I gave Alex the Calpol
so I could get some sleep.

142
00:07:47,126 --> 00:07:49,505
Maybe you wanted some sleep
the night Alex died.

143
00:07:49,996 --> 00:07:52,799
- No.
- You'd been up with the child since six.

144
00:07:52,800 --> 00:07:54,706
You must've been exhausted.

145
00:07:55,206 --> 00:07:56,746
I didn't hurt him.

146
00:07:56,746 --> 00:07:59,077
Well, Leila, you were the only one
who had access

147
00:07:59,087 --> 00:08:00,700
to baby Alex the day he died.

148
00:08:00,900 --> 00:08:05,667
- And you switched the monitor off.
- I didn't. It must've been faulty.

149
00:08:06,107 --> 00:08:09,998
Mr Raines said your door was closed
and music was blaring.

150
00:08:10,000 --> 00:08:11,029
Alex was asleep.

151
00:08:11,109 --> 00:08:13,398
How would you know,
if the monitor was off?

152
00:08:13,400 --> 00:08:15,328
His room was below mine.
I would've heard him.

153
00:08:15,350 --> 00:08:17,548
- Over the music?
- He cried loud.

154
00:08:17,548 --> 00:08:19,674
Dead babies don't cry.

155
00:08:19,754 --> 00:08:21,800
I didn't know he was dead, did I?

156
00:08:23,388 --> 00:08:25,600
He was always kicking off lately.
If he wasn't,

157
00:08:25,609 --> 00:08:28,549
- he was asleep.
- OK. And what do you usually do

158
00:08:28,549 --> 00:08:31,400
- if he was to, as you say, kick off?
- Check the monitor.

159
00:08:31,600 --> 00:08:33,389
Wait a bit, then go and settle him.

160
00:08:33,389 --> 00:08:35,349
- How long's a bit?
- Dunno.

161
00:08:35,600 --> 00:08:39,510
Depends how tired I am.
Five minutes? Ten?

162
00:08:41,070 --> 00:08:42,661
What's the big deal?

163
00:08:42,700 --> 00:08:46,070
- Everyone does controlled crying.
- Well, Mrs Raines

164
00:08:46,070 --> 00:08:48,511
specifically told us
that she disapproved of it.

165
00:08:49,631 --> 00:08:52,900
When my girls couldn't settle, I used
to walk 'em up and down the hall.

166
00:08:52,910 --> 00:08:55,182
Leaving a baby to cry it out
isn't abusive.

167
00:08:55,192 --> 00:08:57,300
When you've had a kid,
you come and tell me that.

168
00:08:57,302 --> 00:08:59,700
Babies need to learn about
night and day.

169
00:08:59,762 --> 00:09:03,642
Comes a time when they're fed,
they're dry, it's time they slept.

170
00:09:03,702 --> 00:09:06,430
Controlled crying teaches babies
to sleep by themselves.

171
00:09:06,453 --> 00:09:08,461
It teaches them that mum
and dad aren't coming,

172
00:09:08,481 --> 00:09:09,900
no matter how loud they cry.

173
00:09:10,000 --> 00:09:12,260
It's the only way
babies can communicate.

174
00:09:12,263 --> 00:09:15,513
Exactly. Could be saying,
-'I wanna play peepo,' at 3
- AM.

175
00:09:15,513 --> 00:09:17,400
Or they could be saying,
'I'm in pain.'

176
00:09:17,404 --> 00:09:19,614
I wouldn't leave you
crying in another room alone.

177
00:09:19,634 --> 00:09:21,324
If you ever see me crying, please,

178
00:09:21,344 --> 00:09:22,600
- make sure you do.
- Oh!

179
00:09:22,600 --> 00:09:24,725
When you've debated
parenting methods,

180
00:09:24,725 --> 00:09:27,325
perhaps you'd talk to the last
people who employed Leila

181
00:09:27,325 --> 00:09:29,805
and see if their kid
had any visits to Casualty.

182
00:09:32,300 --> 00:09:35,006
My boss kept finding me
crying all over the customers.

183
00:09:36,086 --> 00:09:38,000
Being away from you was torture.

184
00:09:38,907 --> 00:09:41,327
You didn't trust Leila
to look after Mia?

185
00:09:41,780 --> 00:09:43,667
Well, you hear
all these horror stories.

186
00:09:43,800 --> 00:09:45,808
Nannies who shove the kid
in front of the telly

187
00:09:45,808 --> 00:09:48,608
and spend all day on the phone
to their mates.

188
00:09:48,608 --> 00:09:50,368
So, was Leila like that?

189
00:09:50,448 --> 00:09:52,279
You don't know what
goes on when you're out.

190
00:09:52,780 --> 00:09:54,169
And was something going on?

191
00:09:55,200 --> 00:09:57,440
She used to spend
the whole evening on her laptop.

192
00:09:57,730 --> 00:10:00,170
I started worrying
she was on it all day, too.

193
00:10:00,170 --> 00:10:02,890
So I borrowed one of those
nannycams from a friend.

194
00:10:03,570 --> 00:10:05,211
And did you see Leila hurt Mia?

195
00:10:05,211 --> 00:10:08,771
No. I could hear Mia...
shut in her bedroom,

196
00:10:08,771 --> 00:10:10,800
crying her little heart out.

197
00:10:11,212 --> 00:10:15,172
Leila was on my sofa,
having sex with her boyfriend.

198
00:10:19,853 --> 00:10:22,933
I managed to access Leila's e-mail
and social networking accounts.

199
00:10:22,933 --> 00:10:26,054
She met her boyfriend Lloyd
on a social networking site

200
00:10:26,054 --> 00:10:28,094
for squaddies and their families.

201
00:10:28,094 --> 00:10:31,615
- He's stationed out in Afghanistan.
- Right. Well, if he's out there,

202
00:10:31,615 --> 00:10:34,455
- how many times did they actually meet?
- Only a handful.

203
00:10:34,455 --> 00:10:36,290
But this is
the longest they've been apart.

204
00:10:36,370 --> 00:10:38,996
- So it was serious.
- Well, you tell me.

205
00:10:40,300 --> 00:10:44,137
'Can't wait to rip your clothes off
and show how much I missed you.'

206
00:10:45,097 --> 00:10:47,737
'I had this really dirty dream
about you last night.'

207
00:10:47,998 --> 00:10:50,178
'I had you tied to my bed.'

208
00:10:50,178 --> 00:10:53,178
'I was in control and you were
begging me to touch you.'

209
00:10:53,178 --> 00:10:56,018
Yes, yes. Ange, we get the point.
Thank you, love.

210
00:10:56,018 --> 00:11:00,619
The e-mails are nothing. I checked
the media files and found...

211
00:11:00,900 --> 00:11:01,900
this.

212
00:11:08,101 --> 00:11:10,535
Well, maybe they wanted something
to remember each other

213
00:11:10,565 --> 00:11:11,790
by when they were apart.

214
00:11:11,821 --> 00:11:14,061
A passport photo in your wallet
did the trick

215
00:11:14,061 --> 00:11:16,101
when I was a teenager.
However, go on.

216
00:11:16,302 --> 00:11:18,902
- Can you tell when this was made?
- Down to the second.

217
00:11:19,002 --> 00:11:20,742
It was made the night the baby died.

218
00:11:20,742 --> 00:11:24,623
Recording started at 8:21
and finished...

219
00:11:24,623 --> 00:11:28,503
at quarter to nine, when Leila
heard Michael Raines come home.

220
00:11:28,503 --> 00:11:32,664
So these two are making porn movies
while the baby lies dead in his cot.

221
00:11:32,700 --> 00:11:35,304
Any mention of the baby
in the e-mails the day he died?

222
00:11:35,600 --> 00:11:36,600
Only one.

223
00:11:37,345 --> 00:11:40,105
This was sent two hours before
they turned the webcam on.

224
00:11:40,706 --> 00:11:44,386
Michael's train delayed. Bitch
at work, as usual, so no night off.

225
00:11:44,700 --> 00:11:47,146
They aren't gonna ruin this for us.
You come here.

226
00:11:47,146 --> 00:11:49,427
I'll make sure
the baby doesn't get in the way.

227
00:11:52,337 --> 00:11:54,155
I didn't think it was important.

228
00:11:54,155 --> 00:11:57,833
- He was in the house when Alex died.
- Lloyd wouldn't have hurt Alex.

229
00:11:57,833 --> 00:12:00,809
- He wouldn't hurt anyone.
- And what time did he come round?

230
00:12:01,801 --> 00:12:03,700
Not till after I put Alex to bed.

231
00:12:04,115 --> 00:12:07,000
Right. Now, you said Alex
had cried a couple of times.

232
00:12:07,007 --> 00:12:10,000
Was that before or after Lloyd
arrived at the house?

233
00:12:14,600 --> 00:12:16,466
Leila, we need to know the truth,
please.

234
00:12:19,000 --> 00:12:21,108
Just after Lloyd...got round.

235
00:12:21,600 --> 00:12:24,125
I went upstairs,
rocked Alex to sleep.

236
00:12:24,125 --> 00:12:26,483
I got downstairs
and he woke up again.

237
00:12:26,483 --> 00:12:27,921
And you got angry.

238
00:12:27,941 --> 00:12:30,460
At Michael and Suzanne, yeah.
Not at Alex.

239
00:12:30,500 --> 00:12:33,400
Alex was the one ruining
the reunion with the boyfriend.

240
00:12:33,900 --> 00:12:35,830
I didn't hurt him. I wouldn't have.

241
00:12:35,840 --> 00:12:38,604
- So, who did?
- I dunno. I swear.

242
00:12:39,500 --> 00:12:41,650
Did Lloyd have any contact
with the baby?

243
00:12:43,428 --> 00:12:45,000
Leila, we need to know.

244
00:12:46,700 --> 00:12:48,213
He wasn't...in there long.

245
00:12:49,313 --> 00:12:52,230
He said he used to get his
baby brother to sleep all the time.

246
00:12:54,303 --> 00:12:56,621
No record.
Joined the army from school.

247
00:12:56,622 --> 00:12:58,850
He's been in Afghanistan
for the last five months.

248
00:12:58,881 --> 00:13:01,000
- As a peacekeeper.
- Only, he's not that good at it.

249
00:13:01,002 --> 00:13:04,400
He was the subject of a disciplinary.
Put another squaddie in hospital.

250
00:13:04,609 --> 00:13:06,227
Family history?

251
00:13:06,300 --> 00:13:09,630
Grew up in Camden, mum and dad
split up a few years back.

252
00:13:09,633 --> 00:13:11,757
Two older sisters.
There was a baby brother.

253
00:13:11,800 --> 00:13:12,861
Was?

254
00:13:12,861 --> 00:13:14,971
Yeah.
The baby died at three months old.

255
00:13:14,971 --> 00:13:16,605
Post mortem couldn't
find a cause,

256
00:13:16,655 --> 00:13:18,740
so it was given as
Sudden Infant Death Syndrome.

257
00:13:18,741 --> 00:13:20,360
And guess who was babysitting?

258
00:13:28,001 --> 00:13:29,330
This him?

259
00:13:30,510 --> 00:13:31,730
Lloyd Benson,

260
00:13:31,860 --> 00:13:34,992
I'm arresting you on suspicion
of the murder of Alexander Raines.

261
00:13:35,000 --> 00:13:37,260
You do not have to say anything,
but it may harm...

262
00:13:37,300 --> 00:13:39,500
- Is this a joke?
- No joke, son.

263
00:13:41,000 --> 00:13:44,600
Dante's death tore my family apart.
I bet.

264
00:13:44,800 --> 00:13:48,210
- Did your family blame you?
- He was 14 years old.

265
00:13:48,400 --> 00:13:51,900
Well, dealing with a crying baby
isn't easy for an adult, is it?

266
00:13:51,901 --> 00:13:54,600
- But I mean, you were just a kid.
- I never hurt my brother.

267
00:13:54,609 --> 00:13:56,000
And I never hurt this kid neither.

268
00:13:56,800 --> 00:13:59,800
Leila said that you went into
the baby's room to settle him down.

269
00:14:00,400 --> 00:14:03,867
- What time would that have been?
- Dunno. Eightish?

270
00:14:04,300 --> 00:14:05,700
And why didn't she go into him?

271
00:14:05,800 --> 00:14:07,500
She'd been in there five times.

272
00:14:07,540 --> 00:14:09,903
Every time she left the room,
the baby kicked off again.

273
00:14:10,300 --> 00:14:12,453
- So you thought you'd have a go.
- Yeah.

274
00:14:12,453 --> 00:14:15,104
And how did you do that?
Settle him down, I mean.

275
00:14:15,404 --> 00:14:18,000
I sang him Blackbird...
by The Beatles.

276
00:14:18,584 --> 00:14:20,000
My mum used to sing it to me.

277
00:14:20,614 --> 00:14:24,006
Look. I just wanted to be
with my girlfriend.

278
00:14:24,300 --> 00:14:26,400
To get back to making
some more home movies?

279
00:14:28,815 --> 00:14:30,240
It was only for us.

280
00:14:30,309 --> 00:14:32,352
But the baby
got in the way nonetheless.

281
00:14:32,360 --> 00:14:34,228
No! Yeah!

282
00:14:37,000 --> 00:14:38,888
You must be under a lot of pressure,
Lloyd.

283
00:14:39,400 --> 00:14:42,110
What with Afghanistan
and all the rest that goes with it.

284
00:14:42,113 --> 00:14:47,200
You have no idea. I fail to see how
Private Benson's job is relevant.

285
00:14:47,600 --> 00:14:50,110
Well, the relevance
of Private Benson's job

286
00:14:50,111 --> 00:14:53,680
is the fact that he attacked
a fellow member of his regiment -

287
00:14:53,690 --> 00:14:56,310
I was trying to break up a fight.
Defend my mate.

288
00:14:56,311 --> 00:14:59,600
As you're trained to do.
You defend others. Yes?

289
00:15:00,960 --> 00:15:03,000
Even kill. If necessary.

290
00:15:03,082 --> 00:15:06,300
- Insurgents, not babies!
- Here's what I think happened, Lloyd.

291
00:15:06,560 --> 00:15:09,503
I think you went into that baby's room
to help settle him down,

292
00:15:09,533 --> 00:15:10,827
and it didn't work.

293
00:15:10,827 --> 00:15:13,314
- No!
- Then maybe he cried some more.

294
00:15:13,314 --> 00:15:17,727
Leila was getting upset with you, it
spoiled the moment for you and maybe

295
00:15:17,730 --> 00:15:19,860
- you lost your temper.
- Yeah, it spoiled the mood!

296
00:15:19,888 --> 00:15:24,000
Leila was upset. But the only thing
making me lose my temper is you!

297
00:15:26,600 --> 00:15:27,790
Sit down, son.

298
00:15:32,400 --> 00:15:36,136
- Lloyd wouldn't hurt a baby.
- You know his baby brother died, though?

299
00:15:36,300 --> 00:15:38,200
- What?
- Yeah. He was three months old.

300
00:15:38,343 --> 00:15:41,080
Found dead in his cot.
Lloyd was babysitting.

301
00:15:42,117 --> 00:15:43,300
You're lying.

302
00:15:46,460 --> 00:15:49,800
The death certificate said it was
Sudden Infant Death Syndrome.

303
00:15:50,000 --> 00:15:52,880
But it wouldn't be the first time
a cot death turned out to be murder.

304
00:15:52,890 --> 00:15:53,907
No way!

305
00:15:54,756 --> 00:15:56,874
Lloyd's proper close to his family.

306
00:15:57,144 --> 00:15:59,115
It's a bit of a coincidence,
though, isn't it?

307
00:15:59,115 --> 00:16:03,721
Two dead babies and Lloyd
is there alone with both of 'em.

308
00:16:05,672 --> 00:16:08,540
Maybe you don't know him
quite as well as you think you do.

309
00:16:10,900 --> 00:16:14,000
Lloyd was alone in that room
with Alex. You said it yourself.

310
00:16:15,800 --> 00:16:17,544
Now, someone got angry that night.

311
00:16:20,734 --> 00:16:22,453
And someone shook that baby.

312
00:16:25,000 --> 00:16:27,129
Now, if it wasn't you, then...

313
00:16:29,664 --> 00:16:31,282
..it must've been Lloyd.

314
00:16:36,500 --> 00:16:39,208
We were in my room...playing music.

315
00:16:40,750 --> 00:16:43,300
Alex was crying.
It was doing my nut in, so I...

316
00:16:43,734 --> 00:16:45,603
I put the parent unit on silent.

317
00:16:45,900 --> 00:16:49,200
The lights flash up and the screen
comes on when the baby cries.

318
00:16:49,900 --> 00:16:53,503
The lights were flashing like mad
when Lloyd went in there.

319
00:16:53,503 --> 00:16:55,000
Then they just stopped.

320
00:16:59,900 --> 00:17:03,600
Lloyd said he'd...settled him.
He said Alex was fast asleep.

321
00:17:08,700 --> 00:17:12,150
I used to know every
squeaky floorboard in my girls' room.

322
00:17:12,170 --> 00:17:13,440
Step on the wrong one,

323
00:17:13,600 --> 00:17:15,700
and bang goes
an hour of rocking 'em to sleep.

324
00:17:16,510 --> 00:17:20,200
But you didn't know Alex's room,
Lloyd. One false move,

325
00:17:20,202 --> 00:17:23,400
- and he's bawling his head off again.
- I was on my way out.

326
00:17:25,000 --> 00:17:26,700
I'd only just closed the door.

327
00:17:26,900 --> 00:17:27,901
And it woke him up?

328
00:17:28,700 --> 00:17:30,800
Must've been the light in the hall.

329
00:17:30,900 --> 00:17:34,400
Right. Which one of you two went
back into the room, though, Lloyd?

330
00:17:34,501 --> 00:17:36,160
Was it you or Leila?

331
00:17:39,700 --> 00:17:40,700
Lloyd.

332
00:17:42,800 --> 00:17:43,800
Lloyd.

333
00:17:44,920 --> 00:17:47,375
The baby monitor in Alex's bedroom

334
00:17:47,375 --> 00:17:49,700
had a camera with a recording device.

335
00:17:50,120 --> 00:17:52,865
And we have people
working on that hard drive,

336
00:17:53,156 --> 00:17:54,608
retrieving that recording.

337
00:17:54,988 --> 00:17:57,144
So pretty soon,
we're gonna be able to see

338
00:17:57,145 --> 00:17:59,500
when that baby
was in and out of that cot.

339
00:18:00,400 --> 00:18:04,200
And we're gonna be able to hear
every sound from that room

340
00:18:04,403 --> 00:18:05,403
on that night.

341
00:18:06,600 --> 00:18:08,500
Are you gonna make me
wait for those results?

342
00:18:08,900 --> 00:18:10,520
Or are you gonna tell me now,

343
00:18:10,540 --> 00:18:12,700
what I'm gonna see and
hear from that recording?

344
00:18:15,400 --> 00:18:16,400
Lloyd?

345
00:18:17,700 --> 00:18:19,400
Leila went back in.

346
00:18:21,000 --> 00:18:23,400
Started shouting at him,
told him to shut up.

347
00:18:23,807 --> 00:18:25,450
She just completely lost it.

348
00:18:27,700 --> 00:18:28,900
I went in after her.

349
00:18:30,000 --> 00:18:31,930
The baby was in the cot, screaming.

350
00:18:34,289 --> 00:18:36,413
I told Leila... I'd sort it.

351
00:18:37,300 --> 00:18:38,810
So, did you pick the baby up?

352
00:18:40,407 --> 00:18:43,241
- Did you pick the baby up again?
- No. I should've.

353
00:18:44,000 --> 00:18:46,200
I knew if he kept crying,
Leila wouldn't wanna...

354
00:18:46,822 --> 00:18:47,900
Have sex?

355
00:18:50,700 --> 00:18:51,700
So what did you do?

356
00:18:53,600 --> 00:18:55,600
- What did you do, Lloyd?
- I turned it off.

357
00:18:57,500 --> 00:18:59,200
I turned the baby monitor off.

358
00:19:05,160 --> 00:19:08,654
They're gonna stick to their stories.
We won't get a confession from either.

359
00:19:08,674 --> 00:19:10,007
It could be either of 'em.

360
00:19:10,037 --> 00:19:12,000
We've got the medical evidence
and the laptop.

361
00:19:12,003 --> 00:19:14,200
We just need the recording
from the baby monitor.

362
00:19:14,400 --> 00:19:17,400
He puts her in the room, she puts
him in there too. It's enough.

363
00:19:18,160 --> 00:19:20,600
So, which one of them
do you want us to charge?

364
00:19:21,105 --> 00:19:23,600
We charge both of them
with murder on a joint enterprise.

365
00:19:24,000 --> 00:19:26,700
Private Benson
has no previous convictions,

366
00:19:27,000 --> 00:19:28,600
and an exemplary military record.

367
00:19:28,840 --> 00:19:31,157
He was recently stripped of
the rank of lance corporal

368
00:19:31,237 --> 00:19:33,315
for attacking a fellow soldier.

369
00:19:33,316 --> 00:19:35,640
There is also the issue
of his baby brother's death.

370
00:19:35,700 --> 00:19:38,400
His brother died
of Sudden Infant Death Syndrome.

371
00:19:38,606 --> 00:19:42,601
There is no evidence whatsoever
the death was anything but natural.

372
00:19:42,602 --> 00:19:45,000
I've heard enough. Miss Marsden?

373
00:19:45,300 --> 00:19:47,703
I assume you want to
make a bail application too.

374
00:19:47,913 --> 00:19:50,300
Indeed, My Lord. As you know,

375
00:19:50,301 --> 00:19:52,727
there is much debate as to
whether prison is a suitable

376
00:19:52,807 --> 00:19:55,154
environment for women,
full stop, let alone

377
00:19:55,160 --> 00:19:58,100
a vulnerable teenager with no
previous convictions.

378
00:19:58,230 --> 00:20:01,935
And nowhere to be bailed to. She was
residing with the victim's parents.

379
00:20:01,935 --> 00:20:03,803
She can reside with her parents.

380
00:20:03,803 --> 00:20:07,000
I'm sorry, Miss Marsden.
Your client is charged

381
00:20:07,004 --> 00:20:09,002
with the brutal murder
of a defenceless baby.

382
00:20:09,082 --> 00:20:11,000
I'm not taking any chances.

383
00:20:11,500 --> 00:20:13,808
Both defendants
are remanded in custody.

384
00:20:16,120 --> 00:20:18,700
Oh, come on, Helena.
What did you expect?

385
00:20:18,710 --> 00:20:19,720
Oh, I dunno.

386
00:20:20,000 --> 00:20:23,110
A little...common sense, perhaps.

387
00:20:23,118 --> 00:20:26,747
Judges are understandably cautious
about releasing child killers on bail.

388
00:20:26,800 --> 00:20:29,300
My client didn't kill that baby.

389
00:20:29,400 --> 00:20:31,437
The boyfriend,
on the other hand, has

390
00:20:31,440 --> 00:20:33,900
history, motive...opportunity.

391
00:20:33,901 --> 00:20:35,570
Well, you saw
the e-mail she sent him.

392
00:20:35,579 --> 00:20:39,000
'I'll make sure the baby
isn't in the way.'

393
00:20:39,500 --> 00:20:42,200
Speaking of which
application to exclude the laptop,

394
00:20:42,600 --> 00:20:45,500
the homemade porn and the exchange
of messages you found on it.

395
00:20:47,600 --> 00:20:50,200
The laptop was seized
during an illegal search.

396
00:20:50,202 --> 00:20:52,900
- Consent was obtained, My Lord.
- Not from my client.

397
00:20:53,004 --> 00:20:56,500
Michael Raines gave consent. It was
his property, Leila was his tenant.

398
00:20:56,503 --> 00:20:59,111
And his employee. He can consent
to a search

399
00:20:59,191 --> 00:21:01,720
of her work area for items
relating to her job.

400
00:21:01,721 --> 00:21:03,500
But her bedroom was
her personal space.

401
00:21:03,501 --> 00:21:06,460
Personal space belonging
to Michael and Suzanne Raines.

402
00:21:07,170 --> 00:21:10,770
I'm sorry, Mr Steel. Whether
I owned my bedroom or rented it,

403
00:21:10,771 --> 00:21:14,500
I wouldn't want the police trawling
through my y-fronts without my consent.

404
00:21:15,803 --> 00:21:18,260
The evidence obtained
from the laptop is inadmissible.

405
00:21:20,300 --> 00:21:22,500
Medical evidence proves
someone shook the baby.

406
00:21:23,000 --> 00:21:25,400
The video and messages between them
provided motive.

407
00:21:26,300 --> 00:21:29,302
The jury might not get to see it,
but they will be told

408
00:21:29,302 --> 00:21:32,400
that those two were having sex
while that baby lay dying.

409
00:21:32,430 --> 00:21:33,900
Only one of them actually did it.

410
00:21:34,500 --> 00:21:37,400
But if Leila knew what was
happening, that makes them both guilty.

411
00:21:37,500 --> 00:21:39,706
We can't prove that they both knew.

412
00:21:40,106 --> 00:21:42,980
And the jury will be scared of
sending an innocent person to prison.

413
00:21:43,400 --> 00:21:47,003
- We're not gonna drop the charges.
- No. I'm not suggesting we do.

414
00:21:47,410 --> 00:21:49,250
But the defence will use the fact

415
00:21:49,330 --> 00:21:51,381
one provides a reasonable
doubt for the other.

416
00:21:51,401 --> 00:21:53,120
So you'd rather just
go after one of them.

417
00:21:53,150 --> 00:21:54,640
If we can find out for certain

418
00:21:54,660 --> 00:21:56,420
which one of them did it, yeah.

419
00:21:57,600 --> 00:22:00,844
The monitor recorded images
and sound the whole time it was on.

420
00:22:00,844 --> 00:22:02,600
- You managed to retrieve it all?
- Yep.

421
00:22:03,245 --> 00:22:05,000
A lot of baby Alex
crying in his cot,

422
00:22:05,008 --> 00:22:08,100
- Leila coming in and out.
- Anything incriminating?

423
00:22:08,110 --> 00:22:09,975
-(CRYING)
- Come on, young man.

424
00:22:10,055 --> 00:22:11,840
I'm trying to get some action in there.

425
00:22:11,900 --> 00:22:13,000
(MONITOR IS SWITCHED OFF)

426
00:22:15,900 --> 00:22:18,709
OK. Lloyd claims...

427
00:22:19,014 --> 00:22:22,000
he turned the monitor off, went
into the bedroom, had sex with Leila.

428
00:22:22,004 --> 00:22:25,441
They were interrupted by Michael
Raines coming home, Lloyd climbs

429
00:22:25,601 --> 00:22:27,990
out of the window onto the flat roof
and makes his escape.

430
00:22:28,200 --> 00:22:29,200
Right.

431
00:22:29,265 --> 00:22:31,350
So the recording proves
he was telling the truth.

432
00:22:31,400 --> 00:22:33,420
Could he have been in the room
at any other time?

433
00:22:33,950 --> 00:22:37,600
Well, we know he only got
to the house at 7:30.

434
00:22:38,100 --> 00:22:39,860
The recording starts at 6:00.

435
00:22:39,900 --> 00:22:41,000
He goes into the room,

436
00:22:41,543 --> 00:22:44,600
spends 20 minutes
singing the baby to sleep...

437
00:22:45,100 --> 00:22:48,220
..then he's barely out the door when
the baby starts crying again.

438
00:22:48,600 --> 00:22:50,801
- And Leila comes in.
-(CRYING)

439
00:22:51,100 --> 00:22:54,300
Just shut up, will you?!
You're spoiling everything!

440
00:22:54,400 --> 00:22:55,600
Shut up!

441
00:22:55,610 --> 00:22:58,100
Leila, Leila! No.
Go back in the bedroom. I'll sort it.

442
00:22:58,400 --> 00:22:59,400
Poor kid.

443
00:23:01,400 --> 00:23:02,700
Sh, sh, sh, sh, sh.

444
00:23:05,137 --> 00:23:07,800
Could he have shaken the baby
after he turned the monitor off?

445
00:23:08,000 --> 00:23:11,300
The timecode says the monitor
went off at 8:21:07 exactly.

446
00:23:12,500 --> 00:23:15,160
19 seconds later,
Lloyd turns on the webcam

447
00:23:15,162 --> 00:23:18,277
and appears in shot and they started
their homemade porn session.

448
00:23:18,338 --> 00:23:20,517
Just enough time to go
from Alex's room up to Leila's

449
00:23:20,567 --> 00:23:22,207
and turn on the camera.

450
00:23:22,300 --> 00:23:24,220
But not enough time
to shake a baby to death.

451
00:23:25,000 --> 00:23:26,300
It can't have been Lloyd.

452
00:23:29,220 --> 00:23:31,400
The evidence we've found
exonerates your client.

453
00:23:31,410 --> 00:23:35,000
We've issued a discontinuance and
the court are drawing up release papers.

454
00:23:35,100 --> 00:23:36,690
I'll contact his family.

455
00:23:36,730 --> 00:23:40,000
I'm sure they'll want to see him
before he flies back to Afghanistan.

456
00:23:47,200 --> 00:23:49,400
We're expecting a legal visit
with Lloyd Benson.

457
00:23:49,800 --> 00:23:52,500
I'm afraid that er...
that won't be possible.

458
00:23:53,000 --> 00:23:55,360
I was assured
Private Benson would be here.

459
00:23:56,100 --> 00:23:59,700
Lloyd Benson was stabbed
by his cellmate half an hour ago.

460
00:24:00,380 --> 00:24:02,200
He died before the ambulance arrived.

461
00:24:03,800 --> 00:24:07,000
This kid has done
three tours of Afghanistan.

462
00:24:08,400 --> 00:24:10,506
And he dies in one of your cells?

463
00:24:15,140 --> 00:24:17,000
You can't blame yourself for this.

464
00:24:17,350 --> 00:24:19,400
Lloyd should never have been
in that prison cell.

465
00:24:19,440 --> 00:24:21,565
You weren't the only one
who thought he was guilty.

466
00:24:21,600 --> 00:24:24,500
He barely had access to that baby.
It must've been Leila.

467
00:24:25,600 --> 00:24:27,800
Lloyd's innocence
doesn't prove Leila's guilt.

468
00:24:28,200 --> 00:24:30,400
She was angry with the baby.
You heard the recording.

469
00:24:30,430 --> 00:24:32,401
She was the one
with opportunity and motive.

470
00:24:32,701 --> 00:24:36,000
Missing your night off is hardly
motive for child murder.

471
00:24:36,010 --> 00:24:38,160
She'd been caring for a
- teething baby since 5
- AM.

472
00:24:38,240 --> 00:24:40,310
You're a parent.
You know what it's like.

473
00:24:40,316 --> 00:24:43,600
And most parents don't end up
killing their children, James.

474
00:24:44,000 --> 00:24:45,100
See you in court.

475
00:24:47,530 --> 00:24:50,953
- You've got my report.
- I need you in the witness box, Lucy.

476
00:24:50,953 --> 00:24:53,231
Your expert testimony
could be the difference.

477
00:24:53,600 --> 00:24:55,500
There must be half a dozen
expert witnesses

478
00:24:55,501 --> 00:24:57,357
who'd be more than happy
to take the cheque.

479
00:24:57,607 --> 00:24:59,100
But they didn't do
the post mortem.

480
00:24:59,200 --> 00:25:02,759
Well, these shaken baby cases
just aren't clear cut any more.

481
00:25:02,800 --> 00:25:05,000
Hang on. You seemed pretty clear
about it before.

482
00:25:05,100 --> 00:25:07,656
I'm not disputing baby was shaken,
I just don't want

483
00:25:07,736 --> 00:25:10,213
a conviction resting
solely on my evidence.

484
00:25:10,260 --> 00:25:12,200
We have witnesses to
Leila Merton's neglect,

485
00:25:12,220 --> 00:25:14,000
a recording of her
yelling at the baby.

486
00:25:14,004 --> 00:25:16,990
You know I wouldn't prosecute a case
based purely on medical evidence.

487
00:25:17,010 --> 00:25:19,670
And you know expert witnesses
don't get immunity any more.

488
00:25:19,700 --> 00:25:22,560
Because of unsafe convictions
based on tenuous evidence.

489
00:25:22,566 --> 00:25:24,500
I am not about to
put my career on the line.

490
00:25:26,000 --> 00:25:28,308
Are you 100% certain
this baby was shaken?

491
00:25:28,500 --> 00:25:30,700
You know I am.
There's no other explanation.

492
00:25:32,100 --> 00:25:33,730
Then a jury needs to hear that.

493
00:25:36,000 --> 00:25:40,100
Violently shaking a baby can cause
the brain to move within the skull.

494
00:25:40,109 --> 00:25:44,100
Resulting in cerebral contusions,
or tearing of the blood vessels.

495
00:25:44,206 --> 00:25:47,777
The most common finding in these
babies is a triad of injuries.

496
00:25:47,800 --> 00:25:51,500
Brain disease, and bleeding behind
the brain and behind the eyes.

497
00:25:51,705 --> 00:25:54,500
And did you find this bleeding
in Alex Raines?

498
00:25:54,543 --> 00:25:55,900
Yes. And it was severe.

499
00:25:56,402 --> 00:25:59,600
So, in your opinion,
was baby Alex shaken to death?

500
00:26:00,160 --> 00:26:02,230
Well, unless he was
involved in a car crash,

501
00:26:02,310 --> 00:26:04,300
I can't think of any other
likely explanation.

502
00:26:04,300 --> 00:26:06,300
Thank you.
No further questions.

503
00:26:10,180 --> 00:26:13,600
Did you find any bruising
on the baby's arms or ribcage?

504
00:26:14,040 --> 00:26:15,725
- No.
- Any rib fractures?

505
00:26:15,730 --> 00:26:18,000
- No, but -
- Any traction changes in the long bones?

506
00:26:18,002 --> 00:26:20,240
- Damage to the neck or spine?
- No.

507
00:26:20,702 --> 00:26:24,287
So, out of seven expected findings

508
00:26:24,300 --> 00:26:26,637
in a case of Shaken Baby Syndrome,

509
00:26:26,900 --> 00:26:30,400
- you found only three.
- I found the three most common.

510
00:26:31,300 --> 00:26:34,700
And is this triad of injuries

511
00:26:34,800 --> 00:26:37,687
ever found in
any other condition in babies?

512
00:26:37,740 --> 00:26:41,680
Yes. But I checked. There was
no birth trauma, no vaccine damage.

513
00:26:41,681 --> 00:26:45,300
There was no vitamin C deficiency
and he tested negative to GA-1

514
00:26:45,500 --> 00:26:47,709
Aren't you missing
one other condition?

515
00:26:47,809 --> 00:26:49,878
- I don't think so.
- Is it not possible

516
00:26:49,900 --> 00:26:53,000
that an accidental head injury
can also cause

517
00:26:53,001 --> 00:26:55,200
the same pattern
of swelling and bleeding?

518
00:26:58,203 --> 00:27:00,220
Is that a difficult question,
Miss Radley?

519
00:27:00,400 --> 00:27:03,200
- It's possible, yes.
- Is it not the case

520
00:27:03,340 --> 00:27:07,580
that many paediatric experts
now doubt the very existence

521
00:27:07,750 --> 00:27:10,000
of so-called Shaken Baby Syndrome?

522
00:27:12,205 --> 00:27:15,130
- Some do. I don't.
- I believe a significant

523
00:27:15,130 --> 00:27:19,433
number of convictions have been quashed
and caregivers released from prison.

524
00:27:19,700 --> 00:27:22,870
It's not my area of expertise,
so I can't possibly comment.

525
00:27:23,200 --> 00:27:24,467
No. That's right.

526
00:27:25,400 --> 00:27:28,842
You aren't an expert
in head injuries at all, are you?

527
00:27:29,130 --> 00:27:31,647
I'm an expert
in paediatric forensic pathology.

528
00:27:31,650 --> 00:27:33,200
And I did the post mortem.

529
00:27:35,504 --> 00:27:36,968
One final question.

530
00:27:36,978 --> 00:27:40,230
When you did the post mortem,
did you examine the dura?

531
00:27:40,700 --> 00:27:43,510
That's the outermost layer
of the meninges

532
00:27:43,511 --> 00:27:46,200
which surrounds the brain
and spinal cord.

533
00:27:46,808 --> 00:27:48,700
- There was no reason to.
- Really?

534
00:27:48,800 --> 00:27:51,000
You found bleeding in the brain...

535
00:27:51,800 --> 00:27:55,500
..and you didn't examine the dura to
see if a clot from a previous injury

536
00:27:55,510 --> 00:27:56,800
might have left an imprint?

537
00:27:59,400 --> 00:28:02,800
To the best of my knowledge, there
is no history of previous injuries.

538
00:28:03,000 --> 00:28:05,600
To the best...of your knowledge.

539
00:28:07,120 --> 00:28:08,330
No further questions.

540
00:28:08,700 --> 00:28:11,840
With Lloyd exonerated, Helena had to
have a go at the medical evidence.

541
00:28:11,843 --> 00:28:14,781
- She has to create reasonable doubt.
- She did a good job of it.

542
00:28:14,800 --> 00:28:17,000
According to Alex Raines'
medical records,

543
00:28:17,006 --> 00:28:19,460
there was no accidental head injury.

544
00:28:19,600 --> 00:28:21,900
The jury'll see she's just trying
to muddy the waters.

545
00:28:24,000 --> 00:28:26,002
You had access to the Raines' house.

546
00:28:26,400 --> 00:28:29,600
Yes. I'm in the office most days.
It's in the house.

547
00:28:30,000 --> 00:28:32,633
So you saw how
the defendant interacted

548
00:28:32,640 --> 00:28:35,120
with baby Alex when Mr and Mrs Raines
weren't at home.

549
00:28:35,400 --> 00:28:38,600
She didn't. She was usually
on the sofa, checking her e-mail.

550
00:28:38,700 --> 00:28:39,856
And where was the baby?

551
00:28:39,900 --> 00:28:42,800
Either in his cot upstairs
or in his playpen.

552
00:28:43,300 --> 00:28:45,240
More often than not, he was crying.

553
00:28:47,300 --> 00:28:51,000
A few days before Alex died...
he was very distressed.

554
00:28:51,160 --> 00:28:53,702
He'd been sick.
It was all over his clothes.

555
00:28:54,300 --> 00:28:56,400
And the defendant didn't go to him?

556
00:28:56,700 --> 00:28:57,700
I...

557
00:28:58,000 --> 00:29:01,502
called to her, but she didn't
hear me. She had her headphones on.

558
00:29:01,700 --> 00:29:04,160
Presumably, she couldn't
hear the baby crying.

559
00:29:04,409 --> 00:29:09,200
No. I went downstairs and told her
Alex was unwell and needed changing.

560
00:29:09,370 --> 00:29:10,610
And did she go to him then?

561
00:29:10,663 --> 00:29:14,000
No. She just put her headphones back
on and went back to her laptop.

562
00:29:14,200 --> 00:29:18,100
Did you ever witness the defendant
being violent towards the child?

563
00:29:18,270 --> 00:29:19,995
A couple of weeks before Alex died,

564
00:29:20,075 --> 00:29:21,720
I was in the kitchen making
a cup of tea.

565
00:29:22,000 --> 00:29:23,549
Alex was in his high chair.

566
00:29:23,800 --> 00:29:27,000
He'd thrown his bowl and there was
food all over the walls and floor.

567
00:29:27,200 --> 00:29:28,200
What did Leila do?

568
00:29:29,130 --> 00:29:31,340
She shouted at him,
then grabbed him out of the chair

569
00:29:31,370 --> 00:29:32,880
and shoved him in the playpen.

570
00:29:33,700 --> 00:29:36,195
That girl didn't give a damn
about that baby!

571
00:29:36,305 --> 00:29:39,502
The jury will disregard
the witness's last comments.

572
00:29:40,800 --> 00:29:43,300
We thought she genuinely
cared for Alex.

573
00:29:43,600 --> 00:29:44,700
We trusted her.

574
00:29:46,000 --> 00:29:48,110
Did you ever observe her being...

575
00:29:48,200 --> 00:29:50,303
- rough with Alex?
- No.

576
00:29:50,703 --> 00:29:53,100
But she told the police
that she left him to cry.

577
00:29:53,642 --> 00:29:55,600
And she knew how strongly
I felt about that.

578
00:29:56,200 --> 00:29:58,100
It must've been
very difficult for you

579
00:29:58,307 --> 00:30:00,160
to hand over such a young child

580
00:30:00,162 --> 00:30:02,360
- while you went out to work.
- Broke my heart.

581
00:30:02,600 --> 00:30:05,102
- Every day, it broke my heart.
- Thank you.

582
00:30:10,700 --> 00:30:13,300
I'm sorry for your loss, Mrs Raines.

583
00:30:13,600 --> 00:30:16,500
I appreciate how difficult it must
be for you to come here today.

584
00:30:16,700 --> 00:30:20,000
Were you and your husband in
some sort of financial difficulty?

585
00:30:20,200 --> 00:30:21,209
No.

586
00:30:21,400 --> 00:30:24,660
But you returned to work when
your baby was just a few weeks old.

587
00:30:24,720 --> 00:30:26,948
Without my wages, we had
nothing left after mortgage

588
00:30:26,968 --> 00:30:28,777
and the bills were paid.

589
00:30:29,129 --> 00:30:31,400
It was a difficult year.
The market's picking up now.

590
00:30:31,600 --> 00:30:33,853
So you can pay for
all the little extras.

591
00:30:34,000 --> 00:30:37,200
- Yes.
- Holidays, nice car, wine club.

592
00:30:37,300 --> 00:30:39,400
- Yes.
- Without those luxuries,

593
00:30:39,801 --> 00:30:42,460
you could've stayed home
and looked after your baby.

594
00:30:42,600 --> 00:30:45,000
- I need my job.
- More than your child?

595
00:30:45,144 --> 00:30:49,560
Er, My Lord, whether or not Mrs Raines
chooses to go out to work has no bearing

596
00:30:49,564 --> 00:30:52,140
- whatsoever on this case.
- My Lord, I'm trying

597
00:30:52,143 --> 00:30:55,300
to paint a picture for the jury
of life in the Raines' home.

598
00:30:55,474 --> 00:30:58,388
Well, let's keep that picture
in a simple frame, Miss Marsden.

599
00:30:58,500 --> 00:31:00,000
We don't need to
gilt it now, do we?

600
00:31:00,500 --> 00:31:03,800
Were you aware when you hired
Leila Merton that she'd recently

601
00:31:03,801 --> 00:31:07,500
- been fired by another family?
- No. I had no idea.

602
00:31:07,807 --> 00:31:10,100
We trusted the agency
to be open with us.

603
00:31:10,502 --> 00:31:12,517
How much research did you do

604
00:31:12,520 --> 00:31:16,000
on this agency that supplies
untrained nannies?

605
00:31:17,700 --> 00:31:21,216
- Should I rephrase the question?
- My neighbour's sister uses them.

606
00:31:21,600 --> 00:31:24,208
- I see. And what's her name?
- My neighbour?

607
00:31:24,208 --> 00:31:25,210
No, her sister.

608
00:31:27,680 --> 00:31:30,377
The court reporter needs
to take this down, Mrs Raines.

609
00:31:32,106 --> 00:31:33,110
I don't know.

610
00:31:34,400 --> 00:31:38,147
Yet you trusted her judgment when it
came to the welfare of your child.

611
00:31:38,158 --> 00:31:40,744
Is any of this actually relevant
to the case, My Lord?

612
00:31:41,100 --> 00:31:45,009
I think not. Consider yourself
warned, Miss Marsden.

613
00:31:45,509 --> 00:31:47,200
On the day your son died...

614
00:31:47,831 --> 00:31:50,549
you left the house at...5AM

615
00:31:50,549 --> 00:31:53,520
and only returned when your husband
called you away from work

616
00:31:53,521 --> 00:31:55,003
- at 10
- PM. Is that correct?

617
00:31:55,480 --> 00:31:56,863
I had a late night viewing.

618
00:31:56,903 --> 00:31:58,767
We're selling some
apartments on the river.

619
00:31:58,800 --> 00:32:02,847
You were away from the house
for some 17 hours.

620
00:32:02,850 --> 00:32:06,500
Does your job often require you
to work so late into the evenings?

621
00:32:06,800 --> 00:32:09,300
- Occasionally.
- So, you were swanning around some

622
00:32:09,320 --> 00:32:14,200
luxury penthouse while someone else
was changing your baby's dirty nappies.

623
00:32:14,400 --> 00:32:15,500
I loved my baby.

624
00:32:16,203 --> 00:32:19,500
Of course you did. You just...didn't
have any time to spend with him.

625
00:32:19,521 --> 00:32:23,200
My Lord, Mrs Raines
is not the one on trial here.

626
00:32:23,300 --> 00:32:25,207
Miss Marsden,
you'll be held in contempt

627
00:32:25,210 --> 00:32:27,910
if you do not return to an
appropriate line of questioning.

628
00:32:27,914 --> 00:32:30,700
The jury will disregard
your last comments.

629
00:32:31,202 --> 00:32:33,100
One more question, Mrs Raines.

630
00:32:33,400 --> 00:32:36,300
Did Alex have any accidents,
any falls,

631
00:32:36,316 --> 00:32:38,900
bumps to the head,
in the month before his death?

632
00:32:38,910 --> 00:32:40,385
He'd just started crawling.

633
00:32:40,465 --> 00:32:43,500
Of course he had bumps.
You show me a baby that doesn't.

634
00:32:43,702 --> 00:32:45,700
Any particular incident...

635
00:32:46,200 --> 00:32:47,200
come to mind?

636
00:32:49,808 --> 00:32:53,000
He fell off his changer when...
Michael was reaching for a nappy.

637
00:32:53,400 --> 00:32:55,720
It was er...
three weeks before he died.

638
00:32:56,220 --> 00:32:57,700
The GP said he was fine.

639
00:33:00,506 --> 00:33:01,800
No further questions.

640
00:33:06,300 --> 00:33:07,966
That was quite a performance.

641
00:33:08,765 --> 00:33:11,120
The jury has a right to know
what sort of mum she is.

642
00:33:11,176 --> 00:33:13,250
A working one.
You made her look like Rose West.

643
00:33:13,680 --> 00:33:16,220
Because I showed she put her job
before her own child?

644
00:33:16,300 --> 00:33:19,900
Because you played on misconceptions
held by half the jury.

645
00:33:20,200 --> 00:33:22,200
Come on, Helena.
You're a working mum.

646
00:33:22,201 --> 00:33:25,120
- You know how tough it can be?
- Do you think I'd be doing this

647
00:33:25,123 --> 00:33:27,300
if my ex hadn't buggered off
with his therapist?

648
00:33:27,300 --> 00:33:29,800
You'll be in court on your
Zimmer frame, if they let you.

649
00:33:34,170 --> 00:33:38,133
Madame Foreperson. Please answer
my first question either yes or no.

650
00:33:38,670 --> 00:33:41,870
Have you reached a verdict on which
at least 10 of you have agreed?

651
00:33:42,100 --> 00:33:44,700
- No.
- Would any more time assist?

652
00:33:45,100 --> 00:33:49,060
- I don't think so. No.
- I must declare this jury have been

653
00:33:49,100 --> 00:33:52,440
- unable to reach a verdict.
- So what the hell do we do now?

654
00:33:52,562 --> 00:33:56,000
The Crown has seven days to decide
whether or not they will retry.

655
00:33:56,007 --> 00:33:58,500
The case will be listed
for a week on Monday.

656
00:34:04,000 --> 00:34:07,303
We have to make sure the next jury
are certain of Leila's guilt.

657
00:34:07,403 --> 00:34:09,971
So a retrial wouldn't be
a waste of public money?

658
00:34:10,371 --> 00:34:11,951
She knew that baby wasn't well.

659
00:34:12,300 --> 00:34:16,400
But instead of caring for him, she was
making homemade porn with her boyfriend.

660
00:34:17,300 --> 00:34:19,200
She wasn't trained in childcare.

661
00:34:19,320 --> 00:34:21,199
If the Raines expected
those sort of hours,

662
00:34:21,280 --> 00:34:22,900
they should've hired
a trained nanny.

663
00:34:23,449 --> 00:34:25,690
A trained nanny costs the
best part of 30 grand a year.

664
00:34:25,739 --> 00:34:27,451
They could never afford it.

665
00:34:28,300 --> 00:34:31,220
Suzanne said she took Alex to the GP

666
00:34:31,305 --> 00:34:34,039
after a fall, but there's no mention
of it in the medical records.

667
00:34:36,700 --> 00:34:38,617
I thought she was
an over-anxious new mum.

668
00:34:38,817 --> 00:34:40,400
Do you know how many
I see every day?

669
00:34:40,540 --> 00:34:42,990
There's no record of the injury
in Alex's notes.

670
00:34:43,007 --> 00:34:46,470
Because there was no injury.
I checked the baby's head. No bump.

671
00:34:46,471 --> 00:34:48,610
- Not even a bruise.
- Is it possible that Alex

672
00:34:48,611 --> 00:34:51,338
could've had an internal injury
without any external signs?

673
00:34:51,700 --> 00:34:54,000
I'm a GP, Mr Steel,
not a specialist.

674
00:34:54,200 --> 00:34:57,100
You'd have to ask the pathologist
who did the post mortem.

675
00:34:59,770 --> 00:35:03,305
I told you what I believed according
to the evidence I'd been given.

676
00:35:03,305 --> 00:35:06,500
You're the expert, Lucy. You
should've told me the full story.

677
00:35:06,800 --> 00:35:09,000
This accidental injury
three weeks before he died -

678
00:35:09,108 --> 00:35:12,210
The fall from the changer. Which
I knew absolutely nothing about.

679
00:35:12,213 --> 00:35:14,000
I'm not interested in
who's to blame.

680
00:35:14,001 --> 00:35:16,280
I just need to know
if it could've caused his death.

681
00:35:18,000 --> 00:35:21,847
There are cases where a baby has
an accidental bump to the head,

682
00:35:21,900 --> 00:35:23,400
shows no outward signs of damage,

683
00:35:23,410 --> 00:35:26,748
then dies a few weeks later
when the bleeding starts again.

684
00:35:26,780 --> 00:35:29,634
- It's rare, but it happens.
- But something would need to trigger it.

685
00:35:29,700 --> 00:35:32,509
Well, it wouldn't take much.
If the baby's head hit a surface

686
00:35:32,519 --> 00:35:35,043
with a small amount of force,
the bleeding could restart.

687
00:35:35,360 --> 00:35:38,110
Are you telling me his death
could've been accidental?

688
00:35:38,885 --> 00:35:41,872
Well, I'd need to re-examine
the brain and the skull to be sure.

689
00:35:42,200 --> 00:35:43,340
Exhume the body?

690
00:35:45,400 --> 00:35:47,010
It's your call, James, not mine.

691
00:35:48,100 --> 00:35:51,811
But to be certain...yeah.

692
00:36:04,400 --> 00:36:06,180
Michael, you shouldn't have come.

693
00:36:06,700 --> 00:36:09,109
I had to see it for myself. Please.

694
00:36:09,300 --> 00:36:10,800
I'm begging you. Don't do it.

695
00:36:10,900 --> 00:36:11,900
We have to know.

696
00:36:21,280 --> 00:36:24,737
Lucy called. There are signs of
a healing fracture in Alex's skull.

697
00:36:24,807 --> 00:36:25,840
How recent?

698
00:36:26,000 --> 00:36:29,330
Consistent with a bump
to the head three weeks prior to death.

699
00:36:29,650 --> 00:36:31,800
A rebleed could've been triggered
by another bump.

700
00:36:31,904 --> 00:36:34,460
Andrea said she saw Leila being
heavy-handed with the baby.

701
00:36:34,700 --> 00:36:36,350
Maybe she bumped his head
by accident.

702
00:36:39,150 --> 00:36:42,600
I was never rough with Alex.
Even when I'd been up half the night.

703
00:36:42,700 --> 00:36:46,787
- Andrea claims you were.
- She's lying. I never hurt him.

704
00:36:46,960 --> 00:36:49,000
You didn't drop him, accidentally?

705
00:36:49,402 --> 00:36:50,700
- No.
- It happens.

706
00:36:51,050 --> 00:36:52,535
You're tired, the baby slips

707
00:36:52,615 --> 00:36:53,700
- out of your hands.
- No.

708
00:36:54,000 --> 00:36:58,120
You're certain? I'd tell you.
I don't want to spend my life inside!

709
00:36:58,300 --> 00:37:00,000
Interesting as this is, James,

710
00:37:00,001 --> 00:37:01,370
is there a point to it?

711
00:37:01,800 --> 00:37:05,800
We think Alex's death...
may have been accidental.

712
00:37:07,002 --> 00:37:10,230
Ah. In which case,
I'll be filing for damages

713
00:37:10,233 --> 00:37:13,007
for the time my client spent
in custody on remand.

714
00:37:13,107 --> 00:37:14,820
I don't want to make money
out of this.

715
00:37:16,500 --> 00:37:20,125
Lloyd died with the whole world
thinking he was a baby murderer.

716
00:37:21,800 --> 00:37:22,900
He was my life.

717
00:37:26,550 --> 00:37:28,490
We offered her
a get out of jail free card.

718
00:37:28,500 --> 00:37:31,000
All she had to say was she
accidentally bumped his head.

719
00:37:31,197 --> 00:37:33,680
Andrea was certain she saw Leila
being rough with Alex.

720
00:37:33,700 --> 00:37:35,160
But Leila claims she wasn't.

721
00:37:35,210 --> 00:37:37,300
Well, one of them's lying.
But which one?

722
00:37:37,800 --> 00:37:39,230
Let's talk to Andrea again.

723
00:37:39,500 --> 00:37:43,000
I put that couple through an exhumation.
We have to know how their baby died.

724
00:37:43,200 --> 00:37:45,240
I'm not saying
she meant to hurt Alex.

725
00:37:45,508 --> 00:37:47,800
She was just so
wrapped up in her boyfriend.

726
00:37:48,110 --> 00:37:50,100
When I was 19,
I'd much rather have been...

727
00:37:50,120 --> 00:37:53,200
writing love letters to Michael
than spoonfeeding a baby.

728
00:37:53,800 --> 00:37:57,000
- You were with Michael at 19?
- 18. We met at university.

729
00:37:57,800 --> 00:37:59,900
- Freshers' Ball.
- You never wanted kids?

730
00:38:00,800 --> 00:38:02,700
Do I look like the maternal type?

731
00:38:03,300 --> 00:38:04,920
I wouldn't know
one end from the other.

732
00:38:05,800 --> 00:38:08,377
I have a meeting
with a supplier in an hour.

733
00:38:09,400 --> 00:38:13,120
Leila Merton denies
ever being rough with the baby.

734
00:38:13,309 --> 00:38:15,900
- I know what I saw.
- You're the only person that saw that.

735
00:38:15,900 --> 00:38:19,817
Even Suzanne never witnessed Leila
be anything but gentle with Alex.

736
00:38:20,000 --> 00:38:22,574
Well, maybe it wasn't Leila.
Maybe it was the boyfriend.

737
00:38:22,700 --> 00:38:25,300
- Really?
- I don't mean on purpose.

738
00:38:28,200 --> 00:38:31,160
A few days...before Alex died...

739
00:38:31,700 --> 00:38:33,500
I passed his room -
the door was open.

740
00:38:33,501 --> 00:38:35,993
Leila's boyfriend
was playing with Alex.

741
00:38:36,000 --> 00:38:38,300
You know - flying him round the room
like an aeroplane.

742
00:38:38,400 --> 00:38:40,200
Alex was loving it, giggling.

743
00:38:40,603 --> 00:38:43,409
I didn't think of it at the time,
but he was there, wasn't he?

744
00:38:43,600 --> 00:38:45,500
- The night that Alex died.
- Mm.

745
00:38:45,800 --> 00:38:47,676
Maybe he was playing the game.

746
00:38:48,200 --> 00:38:51,600
He could've hit Alex's head against the
wall, or something, without realising.

747
00:38:54,990 --> 00:38:57,000
Look, I really have to
get to this meeting.

748
00:38:57,400 --> 00:38:58,970
We'll let you know
about the retrial.

749
00:39:04,100 --> 00:39:06,700
- She's lying.
- Sounded possible.

750
00:39:06,706 --> 00:39:09,700
She just said she saw Lloyd
a few days before Alex died.

751
00:39:11,510 --> 00:39:15,145
Lloyd Benson had been on a tour
of duty in Afghanistan for five months.

752
00:39:15,185 --> 00:39:17,560
He only got back the day Alex died.

753
00:39:17,610 --> 00:39:19,800
Leila had only been
working there three months.

754
00:39:19,839 --> 00:39:22,007
Lloyd had never been
to the Raines' house before.

755
00:39:22,500 --> 00:39:25,175
So, if Andrea saw him
in Alex's room...

756
00:39:25,500 --> 00:39:27,400
it must've been the night Alex died.

757
00:39:29,502 --> 00:39:31,500
Andrea made out that
she didn't want a baby.

758
00:39:31,600 --> 00:39:33,400
- Career comes first, and all that.
- So?

759
00:39:33,500 --> 00:39:35,000
So I talked to Michael about it.

760
00:39:35,160 --> 00:39:38,200
Being in the house the night
Alex died isn't all she lied about.

761
00:39:38,500 --> 00:39:41,300
Andrea and Michael had
seven failed attempts at IVF.

762
00:39:41,400 --> 00:39:43,300
It nearly crippled them financially.

763
00:39:45,900 --> 00:39:47,230
It wasn't anyone's business.

764
00:39:48,300 --> 00:39:50,700
You lied...about not wanting a baby.

765
00:39:51,800 --> 00:39:54,793
You share your personal failures
with all and sundry, do you?

766
00:39:55,092 --> 00:39:56,910
It must've been soul destroying,

767
00:39:57,500 --> 00:40:00,330
going through all that and still
not having a baby at the end of it.

768
00:40:00,700 --> 00:40:01,700
What would you know?

769
00:40:05,320 --> 00:40:06,402
Do you want my advice?

770
00:40:06,960 --> 00:40:08,500
Have a baby before
your eggs dry up.

771
00:40:10,551 --> 00:40:14,000
It can't have been easy, watching the man
you love have a baby with someone else.

772
00:40:15,780 --> 00:40:18,700
They didn't tell me.
Michael was too scared.

773
00:40:20,777 --> 00:40:23,110
I answered the door
when the cot arrived.

774
00:40:23,703 --> 00:40:27,206
- That must've hurt.
- It's what happens when you're infertile.

775
00:40:28,000 --> 00:40:30,300
People stop telling you
their happy news.

776
00:40:30,400 --> 00:40:33,400
Stop inviting you to
their child-friendly parties.

777
00:40:33,900 --> 00:40:37,004
Because you're not a member
of their exclusive little club.

778
00:40:37,220 --> 00:40:39,064
Andrea, Leila's boyfriend

779
00:40:39,074 --> 00:40:41,600
was in Afghanistan right up until
the day of Alex's death.

780
00:40:42,407 --> 00:40:43,882
I must've got the date wrong.

781
00:40:43,932 --> 00:40:46,177
We know for a fact
he only came here once.

782
00:40:46,500 --> 00:40:48,220
It was the night Alex died.

783
00:40:50,402 --> 00:40:54,900
You were here at Suzie and Michael's
the night Alex died, weren't you?

784
00:40:55,687 --> 00:40:58,000
I dropped off some files, then left.
That's it.

785
00:40:58,200 --> 00:40:59,950
So, you've been lying all this time.

786
00:41:02,000 --> 00:41:05,100
- You must've heard Alex crying.
- Yes, but I didn't go to him.

787
00:41:05,200 --> 00:41:08,000
Because you're not the maternal
type. But that's not true.

788
00:41:08,180 --> 00:41:11,800
- You wanted a baby more than anything.
- I didn't shake that baby!

789
00:41:11,800 --> 00:41:14,920
- I couldn't do that!
- No-one shook him, Andrea.

790
00:41:17,200 --> 00:41:19,240
Alex's death was accidental.

791
00:41:19,960 --> 00:41:22,160
But he must've bumped his head
the day he died.

792
00:41:23,920 --> 00:41:26,240
On his cot...maybe?

793
00:41:28,960 --> 00:41:30,980
You went into his room,
didn't you?

794
00:41:31,060 --> 00:41:33,000
They left him with a kid,
for God's sake!

795
00:41:33,040 --> 00:41:36,080
- They never saw him!
- You wouldn't have done that, would you?

796
00:41:36,200 --> 00:41:38,320
- If he was yours.
- She didn't deserve him!

797
00:41:38,840 --> 00:41:40,520
She took my husband.

798
00:41:40,800 --> 00:41:42,080
She took everything!

799
00:41:42,480 --> 00:41:46,640
- You picked Alex up, didn't you?
- I just wanted to stop him crying.

800
00:41:47,000 --> 00:41:50,040
I held him. I just...held him.

801
00:41:50,120 --> 00:41:52,680
An innocent man
was accused of killing Alex.

802
00:41:53,160 --> 00:41:55,130
He was murdered in his prison cell.

803
00:41:59,160 --> 00:42:00,820
You have to tell us what happened.

804
00:42:03,520 --> 00:42:05,920
He stopped crying. He...

805
00:42:06,440 --> 00:42:07,960
He just wanted a cuddle.

806
00:42:11,720 --> 00:42:14,520
I looked into his eyes...
and I saw Michael.

807
00:42:15,240 --> 00:42:17,280
I saw the child I never had.

808
00:42:19,200 --> 00:42:21,720
It should've been my baby!

809
00:42:22,720 --> 00:42:26,600
It hurt so much to feel him in
my arms and know that I'll never...

810
00:42:28,880 --> 00:42:30,440
..I'll never be a mum.

811
00:42:32,240 --> 00:42:33,840
What did you do, Andrea?

812
00:42:35,120 --> 00:42:37,680
I couldn't stand
to hold him any more.

813
00:42:42,000 --> 00:42:43,000
(I just let go.)

814
00:42:44,360 --> 00:42:45,400
I just...

815
00:42:46,160 --> 00:42:47,200
let go.

816
00:43:14,440 --> 00:43:16,600
- Loser buys?
- Oh, you must've had your doubts.

817
00:43:16,640 --> 00:43:17,880
Everything said it was her.

818
00:43:18,200 --> 00:43:20,680
When's that stopped me defending
to the best of my ability?

819
00:43:21,960 --> 00:43:23,800
- Do you fancy another?
- No, thanks.

820
00:43:25,240 --> 00:43:27,480
I should've been back an hour ago
for the babysitter.

821
00:43:29,120 --> 00:43:31,400
- Do you want to share a cab?
- No, I'm meeting Alesha.

822
00:43:31,480 --> 00:43:34,720
(DRAWS IN BREATH)
Watch out. Over 30, childless.

823
00:43:34,920 --> 00:43:35,920
Tick-tock (!)

824
00:43:46,000 --> 00:43:47,000
itfc subtitles


