1 00:00:06,300 --> 00:00:08,030 In the criminal justice system 2 00:00:08,100 --> 00:00:12,010 the people are represented by two separate yet equally important groups, 3 00:00:12,070 --> 00:00:13,870 the police who investigate crime 4 00:00:13,940 --> 00:00:16,670 and the district attorneys who prosecute the offenders. 5 00:00:16,750 --> 00:00:18,300 These are their stories. 6 00:00:19,410 --> 00:00:21,850 Hi, sweetie. You like my tie? 7 00:00:22,420 --> 00:00:23,510 Yes. It's red. 8 00:00:23,590 --> 00:00:25,990 You can watch me on the Internet, bella. 9 00:00:26,290 --> 00:00:27,720 Mommy will show you how. 10 00:00:27,920 --> 00:00:29,510 I know how. Bye. 11 00:00:30,230 --> 00:00:31,210 Ciao. 12 00:00:31,290 --> 00:00:33,090 Go play, baby. 13 00:00:33,830 --> 00:00:35,420 I want you on the next plane home. 14 00:00:35,660 --> 00:00:37,960 I'm not going to argue with you about this, Dana. 15 00:00:38,330 --> 00:00:39,320 I'll call you later. 16 00:00:43,370 --> 00:00:44,530 Please! 17 00:00:44,610 --> 00:00:46,540 The evidence that human conduct 18 00:00:46,610 --> 00:00:49,580 causes climate change is open to debate. 19 00:00:49,640 --> 00:00:50,630 No, it's not! 20 00:00:50,710 --> 00:00:54,670 What's indisputable is the foolishness of the solutions 21 00:00:54,750 --> 00:00:56,050 to that supposed problem. 22 00:00:56,120 --> 00:00:58,380 Cap and trade of carbon emissions 23 00:00:58,450 --> 00:01:02,690 injects scientists into the financial sector, where we have no place being. 24 00:01:04,030 --> 00:01:07,220 Excuse me. Excuse me! 25 00:01:08,730 --> 00:01:12,220 I do not agree with Dr. Silva's views on global warming, 26 00:01:12,300 --> 00:01:15,600 but that does not mean that he is wrong about cap and trade. 27 00:01:15,940 --> 00:01:20,200 It's a racket, and government policy should look elsewhere. 28 00:01:20,440 --> 00:01:22,170 Thank you, Dr. Brown. 29 00:01:22,240 --> 00:01:24,710 It's nice to know that we can find common ground, even... 30 00:01:27,180 --> 00:01:29,950 Even despite our ideological differences. 31 00:01:32,590 --> 00:01:35,350 I'm sorry, I have the worst headache. 32 00:01:38,090 --> 00:01:39,860 Somebody call 911! 33 00:01:43,730 --> 00:01:46,430 Dr. Silva has been rushed to the hospital, unconscious, 34 00:01:46,500 --> 00:01:48,200 extremely elevated blood pressure. 35 00:01:48,270 --> 00:01:50,670 Looks like a hypertensive crisis triggered a stroke. 36 00:01:51,210 --> 00:01:52,260 And the blood? 37 00:01:52,540 --> 00:01:54,200 Probably broke his nose when he fell. 38 00:01:54,780 --> 00:01:56,330 A stroke and a broken nose? 39 00:01:56,410 --> 00:01:59,570 What can I tell you? Apparently Dr. Silva's a controversial guy. 40 00:01:59,650 --> 00:02:01,770 The Brazilian Consulate wanted cops in the mix. 41 00:02:01,850 --> 00:02:02,840 Great. 42 00:02:02,920 --> 00:02:04,080 Got the video teed up. 43 00:02:05,520 --> 00:02:08,350 I'm sorry, I have the worst headache. 44 00:02:11,860 --> 00:02:14,190 Run that back again in slo-mo. 45 00:02:16,130 --> 00:02:19,730 Look at that, he was bleeding before he went down. 46 00:02:19,870 --> 00:02:22,100 Bleeding like that from a stroke? 47 00:02:22,370 --> 00:02:25,170 Not from a stroke. I've never seen this before. 48 00:02:26,310 --> 00:02:29,240 We have. It's called homicide-itis. 49 00:03:20,960 --> 00:03:24,300 His blood work shows he ingested a massive amount of methylphenidate 50 00:03:24,370 --> 00:03:25,860 an hour before he collapsed. 51 00:03:26,800 --> 00:03:29,740 Right. It's an amphetamine. 52 00:03:30,100 --> 00:03:31,570 The drug caused a sudden jump in his BP 53 00:03:31,640 --> 00:03:33,970 and triggered a cerebral hemorrhage. 54 00:03:34,240 --> 00:03:35,730 Any chance he was popping uppers? 55 00:03:35,810 --> 00:03:38,540 Oh, I doubt it. Methyl P's usually for kids with ADD. 56 00:03:38,610 --> 00:03:40,240 Meaning he might've been poisoned. 57 00:03:40,320 --> 00:03:42,780 Yup. The E.R. Pumped his stomach. 58 00:03:44,190 --> 00:03:46,420 Looks like somebody spiked his granola. 59 00:03:48,890 --> 00:03:50,690 There was a buffet breakfast before the morning panel, 60 00:03:50,760 --> 00:03:53,850 but I can't believe anybody would hurt Dr. Silva. 61 00:03:53,930 --> 00:03:56,330 We're going to need a list of everyone at the breakfast. 62 00:03:56,400 --> 00:03:57,520 You know who Silva ate with? 63 00:03:57,600 --> 00:03:59,570 Probably himself. 64 00:03:59,930 --> 00:04:01,460 It's a climate change symposium. 65 00:04:01,540 --> 00:04:03,400 He's a climate change denier, so... 66 00:04:03,640 --> 00:04:04,940 Yeah, the odd man out. 67 00:04:05,170 --> 00:04:07,900 I know what you're thinking, but these are scientists. 68 00:04:08,410 --> 00:04:11,000 The worse that happens is they flame each other in a journal, 69 00:04:11,080 --> 00:04:12,980 or pull some sophomoric prank. 70 00:04:13,150 --> 00:04:15,270 Any of that happen to Dr. Silva? 71 00:04:15,450 --> 00:04:17,540 He was worried about his data being hacked. 72 00:04:17,620 --> 00:04:19,990 He told me he got an alert on his laptop, 73 00:04:20,050 --> 00:04:22,220 the hotel's Wi-Fi wasn't properly firewalled. 74 00:04:22,290 --> 00:04:23,880 He was just being paranoid. 75 00:04:24,230 --> 00:04:25,750 Hey, check this. 76 00:04:26,030 --> 00:04:28,590 Blood pressure meds, pills for ulcers, 77 00:04:28,660 --> 00:04:30,490 but no methyl-whatever the M.E. Called it. 78 00:04:31,570 --> 00:04:34,300 Silva has a file here labeled "Smoking Gun." 79 00:04:34,370 --> 00:04:37,860 It's an e-mail thread from a Dr. Everett Brown to a Dr. Larry Cattermole, 80 00:04:37,940 --> 00:04:39,410 dated two weeks ago. 81 00:04:39,710 --> 00:04:42,300 "We have to adjust these data hiccups. 82 00:04:42,440 --> 00:04:44,910 "Any temperature anomalies will encourage the climate deniers. 83 00:04:44,980 --> 00:04:46,340 "We can't allow that." 84 00:04:46,410 --> 00:04:47,810 Sounds like they were fudging data. 85 00:04:47,880 --> 00:04:49,750 Silva's not on the distro list for these e-mails, 86 00:04:49,820 --> 00:04:51,250 meaning he's not supposed to have them. 87 00:04:51,390 --> 00:04:54,450 Stolen e-mails proving that two global warming scientists 88 00:04:54,520 --> 00:04:55,920 were cooking their numbers. 89 00:04:55,990 --> 00:04:58,390 No wonder Silva was worried about somebody hacking his computer. 90 00:04:58,630 --> 00:05:01,490 All right, so maybe Brown or Cattermole figured out that 91 00:05:01,560 --> 00:05:04,220 Silva had hacked theirs and decided to shut him up. 92 00:05:05,930 --> 00:05:07,900 Guess who was on the panel with Silva? 93 00:05:10,440 --> 00:05:13,810 These are private e-mails, and possession of them is a felony. 94 00:05:13,880 --> 00:05:15,500 Did you tell that to Dr. Silva? 95 00:05:15,580 --> 00:05:16,670 No. I didn't know he had them. 96 00:05:16,740 --> 00:05:18,870 It's the first I've heard of this. 97 00:05:18,980 --> 00:05:21,310 I am very concerned with the invasion of privacy. 98 00:05:21,820 --> 00:05:24,340 Yeah, not to mention it getting out that you were monkeying with your data. 99 00:05:25,350 --> 00:05:27,080 A few data points among thousands, 100 00:05:27,160 --> 00:05:31,520 with zero effect on the bottom line that global warming is real. 101 00:05:31,590 --> 00:05:34,250 Then why game your research, Dr. Brown? 102 00:05:34,330 --> 00:05:35,320 Because... 103 00:05:37,070 --> 00:05:39,500 Global warming deniers will use any excuse 104 00:05:39,570 --> 00:05:41,870 to create doubt where there's clarity. 105 00:05:41,940 --> 00:05:45,530 The stakes are too high to let them muddy the waters. 106 00:05:45,610 --> 00:05:46,940 You were on the panel with Silva. 107 00:05:47,010 --> 00:05:48,870 Did you talk to him at the breakfast buffet? 108 00:05:48,940 --> 00:05:53,070 I didn't even see him. I grabbed a bagel and left. 109 00:05:54,250 --> 00:05:55,940 We're still verifying Brown's alibi. 110 00:05:56,020 --> 00:05:57,310 The other scientist, Cattermole, 111 00:05:57,390 --> 00:05:58,980 he was in Portland, teaching a seminar. 112 00:05:59,050 --> 00:06:00,850 Excuse me. Uh, Lou, check this out. 113 00:06:00,920 --> 00:06:02,410 This is the video of Silva collapsing. 114 00:06:02,490 --> 00:06:04,750 This is Brown talking just before it happened. 115 00:06:05,130 --> 00:06:08,490 I do not agree with Dr. Silva's views on global warming, 116 00:06:08,600 --> 00:06:12,050 but that does not mean that he is wrong about cap and trade. 117 00:06:12,130 --> 00:06:15,800 It's a racket, and government policy should look elsewhere. 118 00:06:16,340 --> 00:06:18,770 Cap and trade, that's about carbon emissions. 119 00:06:18,840 --> 00:06:21,140 Right, limiting the pollution a company can emit. 120 00:06:21,210 --> 00:06:23,540 If you want to pollute more, you can buy carbon credits 121 00:06:23,610 --> 00:06:25,480 from a company who's polluting less. Weird thing. 122 00:06:25,550 --> 00:06:30,180 Brown is an eco-warrior, and here he is siding with Silva to rip cap and trade. 123 00:06:30,280 --> 00:06:33,410 Yeah, Silva had proof that Brown was falsifying data. 124 00:06:33,550 --> 00:06:36,050 Now, maybe he used this to convince Brown to support him. 125 00:06:36,690 --> 00:06:38,920 Carbon trading, people make money out of that, right? 126 00:06:38,990 --> 00:06:40,020 Mmm-hmm. 127 00:06:40,090 --> 00:06:43,390 A prominent global warming advocate bags on cap and trade, 128 00:06:43,460 --> 00:06:45,400 the market might have noticed. 129 00:06:47,070 --> 00:06:50,600 Stocks in carbon emissions trading companies tanked right after Brown's statement. 130 00:06:50,810 --> 00:06:53,570 If Silva knew what Brown was going to say, 131 00:06:53,640 --> 00:06:55,010 he might have made money off it. 132 00:06:55,840 --> 00:07:00,080 Find out if Dr. Silva liked to play the carbon market. 133 00:07:00,650 --> 00:07:04,240 And then talk to his wife. She just flew in from Brazil. 134 00:07:05,350 --> 00:07:06,340 Mmm. 135 00:07:08,460 --> 00:07:12,890 We met at a conference. I moved to Rio. We have the perfect life. 136 00:07:12,960 --> 00:07:14,930 Our daughter Nicole, you should see him with her. 137 00:07:15,400 --> 00:07:17,560 Why anyone would want to poison Oscar, I... 138 00:07:17,630 --> 00:07:19,860 He was a controversial figure, right? 139 00:07:20,870 --> 00:07:22,890 The warmists, the global-warming fanatics, 140 00:07:22,970 --> 00:07:24,560 have accused him of every crime. 141 00:07:25,010 --> 00:07:28,240 Now we see their lies about the glaciers, the manipulation of data. 142 00:07:28,340 --> 00:07:31,570 Mrs. Silva, I'm sorry to have to ask you this, 143 00:07:31,650 --> 00:07:34,710 but did you know that your husband bought stock options 144 00:07:34,780 --> 00:07:37,250 in a carbon-emissions trading company last week? 145 00:07:37,590 --> 00:07:38,610 Stock options? 146 00:07:38,690 --> 00:07:42,820 Yes. $50,000 worth of short-call options. 147 00:07:43,460 --> 00:07:47,720 The company's stock dropped after Dr. Brown came out against cap and trade, 148 00:07:47,800 --> 00:07:50,860 and now your husband's investment 149 00:07:50,930 --> 00:07:52,660 is worth $200,000. 150 00:07:52,870 --> 00:07:57,200 We think your husband pressured Dr. Brown into making those statements 151 00:07:57,270 --> 00:07:58,800 so he could profit from it. 152 00:07:58,870 --> 00:08:00,930 It may be a reason why someone poisoned him. 153 00:08:01,840 --> 00:08:05,140 Oscar's no crook, he's a decent and honest man. 154 00:08:05,210 --> 00:08:06,480 You can't be right. 155 00:08:13,420 --> 00:08:15,180 He said he'd ruin me 156 00:08:15,260 --> 00:08:17,950 if I didn't come out publicly against cap and trade. 157 00:08:18,030 --> 00:08:20,760 Did he promise you a cut of his scam? 158 00:08:20,830 --> 00:08:24,160 No. He said I was lucky if I kept my reputation. 159 00:08:24,700 --> 00:08:26,060 What choice did I have? 160 00:08:26,530 --> 00:08:30,160 He threatened to send the e-mails to the media if I went to the police. 161 00:08:30,240 --> 00:08:31,600 I was scared. 162 00:08:32,340 --> 00:08:34,240 There's something off about the man. 163 00:08:34,610 --> 00:08:36,470 Beyond the fact that he was blackmailing you? 164 00:08:36,810 --> 00:08:41,410 We were talking the day before the panel, and then he takes a call, 165 00:08:41,480 --> 00:08:46,720 and he starts arguing with someone in Portuguese, something vicious. 166 00:08:47,090 --> 00:08:50,490 And I got to thinking that maybe he was raised in a favela. 167 00:08:51,190 --> 00:08:53,130 You know what those guys are capable of. 168 00:08:53,430 --> 00:08:56,230 No, but you seem to. 169 00:08:57,500 --> 00:08:59,860 Maybe you thought the extortion had just begun. 170 00:09:03,100 --> 00:09:06,800 I did not poison him. I swear. 171 00:09:08,380 --> 00:09:10,240 We talked to five people at the breakfast, 172 00:09:10,310 --> 00:09:13,750 and all of them verify that Brown left before Silva arrived. 173 00:09:13,810 --> 00:09:17,150 And with Cattermole 3,000 miles away, we're back to square one. 174 00:09:17,220 --> 00:09:18,210 Mmm. 175 00:09:18,290 --> 00:09:20,520 Hey, that phone call Silva got when he was talking to Brown, 176 00:09:20,590 --> 00:09:22,350 it was from his wife in Brazil. 177 00:09:22,690 --> 00:09:24,280 The phone call that scared Brown? 178 00:09:24,360 --> 00:09:27,520 Yeah. Silva turned vicious, screaming at his wife. 179 00:09:27,600 --> 00:09:29,790 She told us she and Silva had the perfect life. 180 00:09:33,070 --> 00:09:34,830 Don't worry about his personal effects. I'll send for them. 181 00:09:34,900 --> 00:09:36,340 Whoa, whoa, what's going on here? 182 00:09:36,400 --> 00:09:38,460 I'm medevacing Oscar to Säo Paulo. 183 00:09:38,870 --> 00:09:40,530 Twelve hours after you got here? 184 00:09:40,610 --> 00:09:41,870 What seems to be the hurry? 185 00:09:42,080 --> 00:09:43,440 There's nothing they can do for him here 186 00:09:43,510 --> 00:09:46,170 that doctors can't do for him at home in Brazil, so let's go. 187 00:09:46,250 --> 00:09:48,840 No one's going anywhere. Please, take him back to the room. 188 00:09:48,920 --> 00:09:49,970 You don't have the right! 189 00:09:50,050 --> 00:09:51,880 Especially you, Mrs. Silva. We need to ask you some questions. 190 00:09:51,950 --> 00:09:53,980 I don't have to answer any questions. 191 00:09:54,160 --> 00:09:57,220 I'm a Brazilian citizen with a Brazilian passport. 192 00:09:57,830 --> 00:10:01,190 Well, this is an NYPD badge. Let's go. 193 00:10:06,570 --> 00:10:09,660 As a Brazilian citizen, Mrs. Silva refuses to answer 194 00:10:09,740 --> 00:10:11,640 any questions until she talks to her consulate. 195 00:10:12,140 --> 00:10:15,510 Well, her Brazilian passport lists New Jersey as her place of birth, 196 00:10:15,580 --> 00:10:18,600 so that makes her a citizen of this country. 197 00:10:19,010 --> 00:10:22,510 So, maybe she'd like to answer our questions as an American. 198 00:10:22,620 --> 00:10:24,810 I was in Brazil when my husband was poisoned. 199 00:10:24,890 --> 00:10:26,010 How could I know anything? 200 00:10:26,090 --> 00:10:28,990 We confirmed your husband engineered that stock scam. 201 00:10:29,190 --> 00:10:31,680 Now, we just need to know why he needed the money. 202 00:10:32,690 --> 00:10:34,790 Was it a gambling debt, or was it a mistress? 203 00:10:35,030 --> 00:10:37,550 Is that what you two were fighting about on the phone a few days ago? 204 00:10:37,630 --> 00:10:38,790 How dare you! 205 00:10:38,870 --> 00:10:40,200 We understand that if your husband was 206 00:10:40,270 --> 00:10:41,790 cheating on you, you'd be angry. 207 00:10:41,870 --> 00:10:43,030 Angry enough to hurt him. 208 00:10:43,100 --> 00:10:45,400 All right. End of conversation. 209 00:10:45,470 --> 00:10:47,440 Obviously, you don't have enough to arrest her, 210 00:10:47,510 --> 00:10:49,840 and we'll see how long this BS detention lasts 211 00:10:49,910 --> 00:10:52,540 after the Brazilian Consul talks to the State Department. 212 00:10:53,450 --> 00:10:54,880 If she was behind the poisoning, 213 00:10:54,950 --> 00:10:58,110 she would've needed an accomplice to pull it off, someone at the conference. 214 00:10:58,550 --> 00:11:00,780 Someone she would've talked to on the phone from Brazil. 215 00:11:00,860 --> 00:11:02,980 We'll need records from the local phone company. 216 00:11:03,060 --> 00:11:04,890 I'll put in an MLAT request. 217 00:11:04,960 --> 00:11:08,050 In the meantime, we keep her passport, she doesn't leave the country. 218 00:11:09,030 --> 00:11:11,160 So, we're looking for someone at the breakfast 219 00:11:11,230 --> 00:11:13,290 who might've been Mrs. Silva's accomplice. 220 00:11:13,370 --> 00:11:16,170 Well, we're working our way through the list of attendees. 221 00:11:16,240 --> 00:11:19,300 We found one gentleman who's been pestering the organizers 222 00:11:19,370 --> 00:11:21,030 for a full refund for the conference. 223 00:11:21,110 --> 00:11:23,410 He claims he didn't attend a single event. 224 00:11:23,480 --> 00:11:24,970 Yeah, except they have his signature 225 00:11:25,050 --> 00:11:26,600 on the sign-in sheet for the breakfast. 226 00:11:27,250 --> 00:11:30,010 Sounds like someone was trying to create an alibi. 227 00:11:31,750 --> 00:11:35,050 There was an occluded front over Montana 228 00:11:35,120 --> 00:11:37,750 kicking up rare cloud formations all week. 229 00:11:38,130 --> 00:11:39,960 I'm talking stratocumes. 230 00:11:40,090 --> 00:11:41,930 That's why I bailed the night before the conference. 231 00:11:42,000 --> 00:11:44,360 They have you signed in at a breakfast two days later, 232 00:11:44,430 --> 00:11:46,700 so the skies must have cleared up in a hurry. 233 00:11:46,770 --> 00:11:49,360 Impossible. I was in Montana. 234 00:11:49,440 --> 00:11:52,460 The morons who organized that conference, 235 00:11:52,540 --> 00:11:54,370 they claim to have a photo of me 236 00:11:54,440 --> 00:11:56,670 shaking hands with some Chinese diplomat. 237 00:11:56,740 --> 00:12:00,080 It's not even me, and they want to sell me a print for 20 bucks. 238 00:12:00,610 --> 00:12:01,670 Can we see that photo? 239 00:12:01,750 --> 00:12:02,840 Yeah. 240 00:12:07,420 --> 00:12:09,050 He's wearing your name tag. 241 00:12:09,120 --> 00:12:10,680 Yeah, look at that. The nerve. 242 00:12:10,760 --> 00:12:11,750 You know him? 243 00:12:11,860 --> 00:12:14,560 Oh, yeah. He was at the hotel bar that night. 244 00:12:14,630 --> 00:12:17,120 Professor Shoemaker. From Jersey, I think. 245 00:12:18,970 --> 00:12:22,730 Okay, you caught me. I crashed the event. 246 00:12:22,800 --> 00:12:24,700 But, you know, before you condemn me, 247 00:12:24,770 --> 00:12:27,330 these à la carte conferences are very expensive, 248 00:12:27,410 --> 00:12:29,210 and my research grant doesn't really cover... 249 00:12:29,310 --> 00:12:32,750 Got it. You run into Oscar Silva at that breakfast? 250 00:12:33,110 --> 00:12:35,610 Oh, yeah, the guy who got sick. No. Why? 251 00:12:36,220 --> 00:12:37,310 You know him? 252 00:12:37,380 --> 00:12:40,150 By reputation. I know he's a real mouth-breather. 253 00:12:40,590 --> 00:12:42,780 Is this Iguazu Falls? In Brazil? 254 00:12:42,920 --> 00:12:46,220 Yeah. It's beautiful, huh? You see those swifts? 255 00:12:46,290 --> 00:12:49,520 They nest behind the falls. It's awesome. 256 00:12:49,660 --> 00:12:51,600 You go to a place like that, you know what you're fighting for. 257 00:12:51,670 --> 00:12:54,230 Yeah, you spend a lot of time in Brazil? 258 00:12:54,440 --> 00:12:56,670 Few weeks a year, to study the green desert. 259 00:12:57,100 --> 00:12:59,500 The green desert... Of course, they cut down the rainforest 260 00:12:59,570 --> 00:13:01,130 and they planted more pine trees far as... 261 00:13:01,210 --> 00:13:03,270 You know who'd be interested in something like this? 262 00:13:03,340 --> 00:13:04,540 Hmm? 263 00:13:04,910 --> 00:13:05,900 Silva's wife. 264 00:13:06,010 --> 00:13:08,170 Right. Dana. 265 00:13:08,250 --> 00:13:09,770 Very good-looking lady. 266 00:13:10,650 --> 00:13:13,880 You ever run into her down there, Professor Shoemaker, 267 00:13:13,950 --> 00:13:15,620 in the green desert? 268 00:13:15,960 --> 00:13:19,480 Um, no. No, I don't... I don't know them. 269 00:13:20,490 --> 00:13:21,690 Listen, uh, my simulations, 270 00:13:21,760 --> 00:13:23,490 I got a presentation to a grant committee meeting tomorrow, 271 00:13:23,560 --> 00:13:24,660 and if I don't get cracking... 272 00:13:24,730 --> 00:13:26,500 You'll be sneaking into a lot more conferences. 273 00:13:26,570 --> 00:13:27,830 Yeah. Thanks. 274 00:13:27,900 --> 00:13:29,270 No worries. Thank you. 275 00:13:32,170 --> 00:13:36,940 Lou, we've got seven calls over the past year to the Silvas' home in Brazil 276 00:13:37,010 --> 00:13:38,880 from the main number at Shoemaker's college. 277 00:13:39,310 --> 00:13:41,940 Well, the Silvas are scientists, 278 00:13:42,020 --> 00:13:44,420 anyone at that school could've been calling them. 279 00:13:44,490 --> 00:13:46,610 How many of them have this kind of travel pattern? 280 00:13:46,690 --> 00:13:49,020 Three trips to Brazil last summer, two in March. 281 00:13:49,090 --> 00:13:51,720 Seven the year before that, some for two weeks, some for two days. 282 00:13:51,790 --> 00:13:54,780 I mean, it looks like Shoemaker and Mrs. Silva were having an affair. 283 00:13:54,860 --> 00:13:58,090 We have something from the record search on Shoemaker. 284 00:13:58,800 --> 00:14:00,960 This guy was racking up some legal fees. 285 00:14:01,440 --> 00:14:03,340 Look at all these court appearances. 286 00:14:03,470 --> 00:14:09,070 Shoemaker v. Shoemaker. Sounds like a divorce. Open up one of those files. 287 00:14:12,780 --> 00:14:14,300 Son of a bitch. 288 00:14:18,350 --> 00:14:21,450 Anita Van Buren for A.D.A. Rubirosa. 289 00:14:21,590 --> 00:14:22,780 You're arresting her? 290 00:14:22,860 --> 00:14:25,290 On an outstanding contempt citation. 291 00:14:25,360 --> 00:14:28,160 She was married for six years to Phillip Shoemaker, 292 00:14:28,560 --> 00:14:31,830 divorced in 2006. One daughter, Nicole. 293 00:14:31,970 --> 00:14:34,830 And three years ago, she fled the country with her daughter, 294 00:14:34,900 --> 00:14:37,200 in violation of a shared custody order, 295 00:14:37,270 --> 00:14:39,670 to go marry Oscar Silva in Brazil. 296 00:14:39,740 --> 00:14:41,670 The judge issued an arrest warrant 297 00:14:41,740 --> 00:14:44,010 and granted full custody to Professor Shoemaker. 298 00:14:44,140 --> 00:14:47,170 You and your ex, we take it, weren't getting along? 299 00:14:47,280 --> 00:14:50,150 It's not amicable. The divorce was ugly... 300 00:14:50,220 --> 00:14:53,450 And not being able to see Nicole has been difficult for Phillip. 301 00:14:53,520 --> 00:14:56,460 All those trips to Brazil, and he hasn't seen her? 302 00:14:56,520 --> 00:14:59,420 No. I don't think spending time with someone that angry 303 00:14:59,490 --> 00:15:01,460 would be healthy for Nicole. 304 00:15:01,530 --> 00:15:04,590 But he keeps suing me in Brazilian court to get to her, 305 00:15:04,670 --> 00:15:06,960 and it's cost us a fortune to defend ourselves. 306 00:15:07,030 --> 00:15:10,400 That's why... That's why Oscar needed money. 307 00:15:10,470 --> 00:15:13,170 He needed to pay the lawyers so that we wouldn't lose Nicole. 308 00:15:13,370 --> 00:15:16,070 How did your ex feel about Oscar? 309 00:15:16,240 --> 00:15:17,870 About what you'd expect. 310 00:15:19,150 --> 00:15:21,640 But Phillip would never hurt Oscar. 311 00:15:21,720 --> 00:15:24,210 We're scientists. We deal with disagreements 312 00:15:24,290 --> 00:15:26,190 with emotional detachment and reason. 313 00:15:26,520 --> 00:15:30,290 That's what the argument was about, on the phone, the custody? 314 00:15:31,130 --> 00:15:32,750 I wanted Oscar to come home. 315 00:15:32,830 --> 00:15:36,990 I was worried that Phillip would find out he was there and have him detained. 316 00:15:37,100 --> 00:15:39,590 Do you have any ties to Brazil beyond your husband? 317 00:15:40,730 --> 00:15:41,890 No. Not really. 318 00:15:41,970 --> 00:15:44,060 So, if something were to happen to him, 319 00:15:44,140 --> 00:15:47,130 there'd be nothing keeping you or your daughter there, right? 320 00:15:47,570 --> 00:15:49,440 You'd come home, to the U.S. 321 00:15:50,310 --> 00:15:52,510 Oh, my God. 322 00:15:52,650 --> 00:15:55,240 If you know this, why don't you arrest Phillip? 323 00:15:55,350 --> 00:15:56,780 We don't have enough evidence, 324 00:15:56,850 --> 00:15:58,220 not even for a search warrant. 325 00:15:58,290 --> 00:16:00,880 Look, if you know anything that could be useful, 326 00:16:00,960 --> 00:16:02,390 anything that could help us. 327 00:16:02,460 --> 00:16:05,520 I don't. Please, just think, any detail. 328 00:16:05,590 --> 00:16:06,850 She told you she doesn't know. 329 00:16:06,930 --> 00:16:10,450 Your ex used a poison that raised your husband's blood pressure. 330 00:16:10,530 --> 00:16:13,190 Now, did he know Mr. Silva was vulnerable, 331 00:16:13,270 --> 00:16:15,860 if he had a heart or circulatory problem? 332 00:16:16,270 --> 00:16:18,260 Phillip knew Oscar had some fainting spells 333 00:16:18,340 --> 00:16:20,270 associated with his high blood pressure. 334 00:16:28,250 --> 00:16:31,650 Look, I made my peace with Dana moving on long ago. 335 00:16:31,720 --> 00:16:34,120 Even if I hadn't, how would killing her husband serve any purpose? 336 00:16:34,190 --> 00:16:35,350 It's fundamentally irrational. 337 00:16:35,420 --> 00:16:38,450 Registered mail receipt from a P.O. Box in Hogansburg, New York. 338 00:16:39,430 --> 00:16:40,650 It's for maple syrup. 339 00:16:41,260 --> 00:16:42,290 Sure it is. 340 00:16:45,130 --> 00:16:46,720 Suspicious maple syrup? 341 00:16:46,800 --> 00:16:50,330 Hogansburg has an Indian reservation that straddles the Canadian border. 342 00:16:50,440 --> 00:16:52,200 In my Intel days, we kept tabs on the place 343 00:16:52,270 --> 00:16:53,800 because it was a staging ground 344 00:16:53,870 --> 00:16:56,780 for smuggling all sorts of nasty stuff into the U.S. 345 00:17:01,550 --> 00:17:05,880 Okay, so it's my P.O. Box. I sell tons of sports memorabilia on eBay. 346 00:17:06,550 --> 00:17:08,490 It was probably a signed Canadiens jersey. 347 00:17:08,560 --> 00:17:10,320 The recipient said it was maple syrup. 348 00:17:10,390 --> 00:17:12,450 Right, well, I ship that stuff, too. 349 00:17:12,760 --> 00:17:14,790 It's hard to remember. I do a lot on volume. 350 00:17:15,030 --> 00:17:18,230 Thing is, Vernon, you're on parole 351 00:17:18,300 --> 00:17:19,790 for bringing in Oxycontin across the border. 352 00:17:19,870 --> 00:17:21,930 Now, are you back in the pharmaceutical business, 353 00:17:22,000 --> 00:17:24,660 maybe smuggling methylphenidate? 354 00:17:25,270 --> 00:17:27,000 Honestly, I don't even know what that is. 355 00:17:27,070 --> 00:17:28,700 The guy you sent that package to, 356 00:17:28,780 --> 00:17:29,870 we're gonna offer him immunity 357 00:17:29,940 --> 00:17:32,140 in exchange for testimony about its contents. 358 00:17:32,210 --> 00:17:34,410 Or we could make you that offer. 359 00:17:36,020 --> 00:17:37,570 Five seconds, and we're out of the door. 360 00:17:42,060 --> 00:17:46,360 Okay, okay. Look, look, look. I get a call from some dude who wouldn't give me his name. 361 00:17:46,430 --> 00:17:47,950 He says he'll pay big. 362 00:17:48,030 --> 00:17:50,620 He sends a money order and instructions on where to send the pills. 363 00:17:50,960 --> 00:17:52,090 What kind of pills? 364 00:17:52,500 --> 00:17:54,560 Methyl P, man. Methyl P. 365 00:17:56,300 --> 00:17:57,740 Come on, please, please, please. 366 00:17:57,810 --> 00:17:59,200 This is all just a huge misunderstanding. 367 00:17:59,270 --> 00:18:00,900 You'll have plenty of time to clear it up. 368 00:18:02,040 --> 00:18:03,200 Mrs. Silva, get back in here. 369 00:18:03,280 --> 00:18:04,840 Animal! I hope you die in jail! I want my daughter back, 370 00:18:04,910 --> 00:18:06,440 you thieving whore! She doesn't even remember your name! 371 00:18:06,510 --> 00:18:08,070 I told her you were dead. You evil bitch! 372 00:18:08,150 --> 00:18:10,280 You murdering bastard! 373 00:18:11,750 --> 00:18:14,020 Oh, they'll love you, honey. 374 00:18:14,090 --> 00:18:16,490 - They'll love you in jail! - Sit down! 375 00:18:17,520 --> 00:18:20,020 Must be some of that emotional detachment and reason. 376 00:18:27,030 --> 00:18:31,900 "Case number 187299, People v. Phillip Shoemaker, Attempted Murder." 377 00:18:32,010 --> 00:18:33,340 Not guilty, Your Honor. 378 00:18:33,410 --> 00:18:35,430 People request bail of one million. 379 00:18:35,540 --> 00:18:39,500 Professor Shoemaker has ties to the community and no criminal record. 380 00:18:40,010 --> 00:18:41,710 We request ROR, 381 00:18:41,780 --> 00:18:44,410 so he can assert the sole custody rights granted to him 382 00:18:44,490 --> 00:18:46,950 when his ex-wife fled the country with their daughter. 383 00:18:47,020 --> 00:18:49,780 Judge, the custody issues are collateral to a bail determination. 384 00:18:49,860 --> 00:18:52,160 Not if my decisions impact them. 385 00:18:52,230 --> 00:18:53,350 Where's the child now? 386 00:18:53,430 --> 00:18:55,790 In Brazil with the parents of her stepfather. 387 00:18:55,930 --> 00:18:58,400 The man Mr. Shoemaker tried to kill. 388 00:18:58,470 --> 00:19:00,370 The child's mother is in custody 389 00:19:00,430 --> 00:19:03,730 pursuant to an arrest warrant issued by the Family Court. 390 00:19:03,800 --> 00:19:05,770 If my client can't make bail, 391 00:19:05,840 --> 00:19:09,570 the child will remain in Brazil, far from her lawful parent. 392 00:19:09,640 --> 00:19:11,200 And if you release Mr. Shoemaker, 393 00:19:11,280 --> 00:19:12,640 he'll get his daughter back, 394 00:19:12,710 --> 00:19:15,200 giving him exactly what his attempt on Mr. Silva's life 395 00:19:15,280 --> 00:19:17,150 was meant to accomplish, custody. 396 00:19:17,990 --> 00:19:20,280 So, I get to make everybody unhappy. 397 00:19:20,350 --> 00:19:23,050 Fine. Bail is $500,000. 398 00:19:26,790 --> 00:19:28,820 Ms. Rubirosa, I'm Kate Orris. 399 00:19:28,900 --> 00:19:31,300 I've been retained by Mrs. Silva in the custody matter. 400 00:19:31,370 --> 00:19:33,930 We're moving to have her custodial rights reinstated. 401 00:19:38,670 --> 00:19:40,640 Dana's moving to keep her kid in Brazil. 402 00:19:40,710 --> 00:19:44,070 She's using Shoemaker's indictment to prove he's an unfit parent. 403 00:19:44,180 --> 00:19:47,150 The last thing we need is to get dragged into a custody dispute. 404 00:19:47,410 --> 00:19:50,910 Too late. Shoemaker just subpoenaed me in the custody case. 405 00:19:50,980 --> 00:19:54,650 He wants a full airing of the charges against him to prove they're bogus. 406 00:19:54,960 --> 00:19:56,450 We'll get the subpoena quashed. 407 00:19:56,520 --> 00:19:59,580 You better. A prosecutor on the stand 408 00:19:59,660 --> 00:20:02,860 giving a defendant a free preview of his pending criminal case... 409 00:20:03,560 --> 00:20:05,360 You may as well dismiss the charges now. 410 00:20:10,200 --> 00:20:12,800 This subpoena is Mr. Shoemaker's naked attempt 411 00:20:12,870 --> 00:20:14,840 to undermine his criminal trial. 412 00:20:14,940 --> 00:20:18,570 The details of his case are not relevant to this custody dispute. 413 00:20:18,710 --> 00:20:21,940 Mrs. Silva made them relevant by arguing the indictment 414 00:20:22,020 --> 00:20:24,640 demonstrates my client's lack of fitness as a parent. 415 00:20:24,720 --> 00:20:27,980 It's sufficient for this court to take judicial notice of the charges. 416 00:20:28,060 --> 00:20:31,320 Anything more imperils the State's compelling interest 417 00:20:31,390 --> 00:20:33,720 in prosecuting an attempted murder. 418 00:20:33,790 --> 00:20:35,760 The only concern of this court 419 00:20:35,830 --> 00:20:37,390 is the best interests of the child. 420 00:20:37,800 --> 00:20:40,270 Those might be served by a full inquiry into whether the charges 421 00:20:40,330 --> 00:20:42,560 against Mr. Shoemaker are baseless. 422 00:20:42,970 --> 00:20:44,800 Motion denied. Take the stand, Mr. Cutter. 423 00:20:48,840 --> 00:20:50,310 We indicted Mr. Shoemaker 424 00:20:50,380 --> 00:20:54,280 because we had evidence that he illegally purchased the drug 425 00:20:54,350 --> 00:20:56,280 that was used to poison Mr. Silva 426 00:20:56,350 --> 00:21:00,010 and he assumed a false identity to attend the breakfast 427 00:21:00,090 --> 00:21:01,850 where Mr. Silva was poisoned. 428 00:21:01,990 --> 00:21:06,620 I see. Mr. Cutter, are you the product of a broken home? 429 00:21:06,690 --> 00:21:09,130 Objection. Beyond the scope of the subpoena. 430 00:21:09,200 --> 00:21:12,260 Goes to bias. I'm entitled to show Mr. Cutter's upbringing 431 00:21:12,330 --> 00:21:14,660 tainted his investigation of Professor Shoemaker. 432 00:21:15,200 --> 00:21:17,400 I'll allow it. Mr. Cutter? 433 00:21:20,070 --> 00:21:22,060 My parents divorced when I was 10. 434 00:21:22,180 --> 00:21:24,410 A divorce initiated by your father, right? 435 00:21:24,610 --> 00:21:26,170 That's right. He left my mother. 436 00:21:26,250 --> 00:21:29,440 Your parents were granted shared custody of you, correct? 437 00:21:29,520 --> 00:21:32,040 Yes. But things didn't quite work out that way. 438 00:21:32,120 --> 00:21:35,490 Your dad kept moving, different states, different countries... 439 00:21:35,560 --> 00:21:37,080 He was a turn-around specialist, 440 00:21:37,160 --> 00:21:39,220 he worked for different companies, and he would... 441 00:21:39,290 --> 00:21:40,780 You didn't get to see a lot of him? 442 00:21:42,830 --> 00:21:43,890 No. 443 00:21:43,960 --> 00:21:47,590 Fair to say you grew to resent your father, hate him? 444 00:21:50,000 --> 00:21:51,440 I was 10 years old. 445 00:21:52,310 --> 00:21:53,900 Petitioner's 2-B. 446 00:21:53,970 --> 00:21:58,570 A declaration from Mrs. Silva's former attorney, Eli Driscoll. 447 00:21:58,880 --> 00:22:02,250 Mr. Cutter strong-armed Mrs. Silva into filling out an affidavit 448 00:22:02,320 --> 00:22:04,250 he needed to search my client's apartment. 449 00:22:04,550 --> 00:22:06,880 That is a slanderous accusation. 450 00:22:07,420 --> 00:22:10,020 Didn't you pressure her to provide probable cause 451 00:22:10,090 --> 00:22:12,390 for a warrant to search my client's home? 452 00:22:12,460 --> 00:22:14,430 That's my job. And when she couldn't think of anything, 453 00:22:14,490 --> 00:22:17,160 you kept insisting, even suggesting evidence... 454 00:22:17,230 --> 00:22:20,220 The warrant and the charges were based solely on the facts. 455 00:22:20,300 --> 00:22:24,000 Are you telling this court that your animus toward your own father 456 00:22:24,070 --> 00:22:27,400 didn't undermine your prosecutorial judgment one iota? 457 00:22:27,470 --> 00:22:28,570 Your Honor, please. 458 00:22:28,640 --> 00:22:30,270 Yes. Ms. Marks, you're done. 459 00:22:30,410 --> 00:22:31,670 The witness may step down. 460 00:22:31,950 --> 00:22:33,040 Thank you. 461 00:22:38,490 --> 00:22:41,080 Well, I've heard enough to render my decision. 462 00:22:42,060 --> 00:22:45,650 What's clear is that neither party deserves custody at this juncture, 463 00:22:45,730 --> 00:22:47,190 which puts me in a quandary. 464 00:22:47,690 --> 00:22:49,720 Fortunately, there's a third option. 465 00:22:49,800 --> 00:22:53,530 Mrs. Silva's parents have filed a motion to intervene. 466 00:22:54,300 --> 00:22:58,000 I'm granting temporary custody of Nicole to Sharon and Nelson Lehman 467 00:22:58,070 --> 00:23:00,840 pending permanent resolution of the custody order 468 00:23:00,910 --> 00:23:03,500 and of the charges against Mr. Shoemaker. 469 00:23:03,580 --> 00:23:05,310 Mrs. Silva will make arrangements 470 00:23:05,380 --> 00:23:07,510 for the immediate return of the girl to this country. 471 00:23:08,080 --> 00:23:09,170 We're adjourned. 472 00:23:13,490 --> 00:23:16,650 I trust this won't come as a surprise to either of you. 473 00:23:20,790 --> 00:23:23,730 Shoemaker's trying to throw out our search on the grounds of your bias. 474 00:23:27,000 --> 00:23:28,130 So my search gets tossed 475 00:23:28,200 --> 00:23:30,570 because I had a no-account dad 25 years ago? 476 00:23:31,370 --> 00:23:32,900 Marks did her homework on you. 477 00:23:32,970 --> 00:23:35,410 Homework. All she needed was Google. 478 00:23:38,510 --> 00:23:41,170 If the search is out, we lose the P.O. Box upstate 479 00:23:41,250 --> 00:23:43,440 and all proof that Shoemaker received amphetamines. 480 00:23:43,520 --> 00:23:45,750 I can't convict him without the drug link. 481 00:23:45,850 --> 00:23:48,690 If your case can't survive the loss of even one piece of evidence, 482 00:23:48,760 --> 00:23:50,520 maybe you shouldn't have brought it in the first place. 483 00:23:51,760 --> 00:23:53,490 Silva's final lab work just came in. 484 00:23:53,560 --> 00:23:56,790 Even with his hypertension, the amount of methyl P he was poisoned with 485 00:23:56,860 --> 00:23:58,460 wasn't enough to give him a stroke. 486 00:23:58,530 --> 00:23:59,930 Then, why did he have a stroke? 487 00:24:00,000 --> 00:24:02,300 Turns out he had a pre-existing aneurysm. 488 00:24:02,370 --> 00:24:03,770 The methyl P just blew it out. 489 00:24:03,840 --> 00:24:06,100 Shoemaker must've known about Silva's aneurysm. 490 00:24:06,170 --> 00:24:09,440 Well, Dana said all he knew was that Silva had fainting spells. 491 00:24:09,810 --> 00:24:12,750 If you can establish that Shoemaker knew about Silva's aneurysm, 492 00:24:12,810 --> 00:24:15,440 that would be probable cause for a search of his apartment. 493 00:24:15,950 --> 00:24:19,540 Inevitable discovery, and the evidence of the drug shipment stays in. 494 00:24:20,090 --> 00:24:21,520 And your bias stays out. 495 00:24:26,990 --> 00:24:30,490 I'm positive. I never told Phillip about Oscar's aneurysm. 496 00:24:31,000 --> 00:24:33,160 It wasn't even diagnosed until last summer. 497 00:24:34,530 --> 00:24:35,690 Hold on. 498 00:24:40,570 --> 00:24:41,940 Now, you remember something? 499 00:24:42,240 --> 00:24:46,610 That depends. My client sits in jail, 500 00:24:46,680 --> 00:24:49,010 meanwhile her husband has awakened from his coma, 501 00:24:49,080 --> 00:24:50,980 her daughter's flying in from Brazil. 502 00:24:51,050 --> 00:24:54,250 You want her help with your case, you help with her release. 503 00:24:54,490 --> 00:24:55,750 Talk to the judge. 504 00:24:55,820 --> 00:24:58,310 It wasn't our custody order she violated. 505 00:24:58,390 --> 00:25:01,880 No, but another voice in favor of her release might tip the scales. 506 00:25:02,530 --> 00:25:04,760 Suppose we do that. What do we get? 507 00:25:05,100 --> 00:25:08,430 Last summer, Mr. Shoemaker sued for custody in Brazilian court. 508 00:25:08,500 --> 00:25:11,130 He argued that Dana and Oscar were unfit parents. 509 00:25:11,200 --> 00:25:14,970 His lawyers requested and were given Oscar's medical records. 510 00:25:16,610 --> 00:25:18,310 You have proof they were turned over? 511 00:25:18,380 --> 00:25:20,210 My Brazilian co-counsel does. 512 00:25:20,280 --> 00:25:21,980 I might convince him to dig it up... 513 00:25:22,050 --> 00:25:24,350 After my client gets out of jail. 514 00:25:28,620 --> 00:25:32,060 I'm not going to reward a woman who flouted a court order for three years 515 00:25:32,130 --> 00:25:33,590 because your case needs a hand. 516 00:25:33,790 --> 00:25:36,460 With or without your help, I'm gonna nail Shoemaker. 517 00:25:38,330 --> 00:25:40,630 And at the end of the day, 518 00:25:40,700 --> 00:25:43,360 you will be sending little Nicole back to Brazil 519 00:25:43,440 --> 00:25:44,730 with her mother and stepfather. 520 00:25:44,800 --> 00:25:46,670 So, why fight it, right? Right. 521 00:25:46,770 --> 00:25:48,170 If this custody matter proves anything, 522 00:25:48,240 --> 00:25:49,570 it's that nothing is inevitable. 523 00:25:50,240 --> 00:25:54,910 Whatever you think of my case, Nicole deserves to get back at least one of her parents. 524 00:25:54,980 --> 00:25:57,450 She's fine with her grandparents for now. 525 00:25:57,520 --> 00:25:58,880 Children are resilient. 526 00:26:00,490 --> 00:26:04,010 Yeah... Yeah, they muddle through, 527 00:26:04,090 --> 00:26:06,460 without one parent, or even both. 528 00:26:09,930 --> 00:26:11,760 But some wounds 529 00:26:13,130 --> 00:26:14,360 don't heal. 530 00:26:19,410 --> 00:26:21,810 Enjoy your lunch, Judge. 531 00:26:27,710 --> 00:26:30,480 A permanent custody determination will be deferred 532 00:26:30,550 --> 00:26:33,350 pending conclusion of Mr. Shoemaker's criminal trial. 533 00:26:34,150 --> 00:26:37,420 On another matter, Mrs. Silva, 534 00:26:37,490 --> 00:26:41,290 I have decided for humanitarian reasons to conditionally release you 535 00:26:41,360 --> 00:26:42,690 to the custody of your parents. 536 00:26:43,330 --> 00:26:45,200 You'll be fitted with an ankle monitor 537 00:26:45,270 --> 00:26:46,960 and subject to home confinement. 538 00:26:47,030 --> 00:26:48,860 Allowance will be made so you can visit your husband 539 00:26:48,940 --> 00:26:50,600 in the hospital as he recovers. 540 00:26:50,740 --> 00:26:54,670 Judge, for three years, Mrs. Silva has thumbed her nose at this court. 541 00:26:54,740 --> 00:26:56,540 Now she gets to live with her daughter? 542 00:26:56,610 --> 00:26:58,410 At a minimum, custody should be shared. 543 00:26:58,780 --> 00:27:01,370 I disagree. If Mr. Shoemaker is acquitted, 544 00:27:01,450 --> 00:27:04,350 you can move to have my order modified. We're adjourned. 545 00:27:05,820 --> 00:27:06,810 Mommy! 546 00:27:07,650 --> 00:27:08,950 Nicole! Hey, Nicole! Nicole. 547 00:27:09,020 --> 00:27:10,990 It's me, it's Daddy, baby. Hi, baby. 548 00:27:11,060 --> 00:27:13,030 Nicole, you remember me. It's Daddy. Nicole. 549 00:27:13,090 --> 00:27:15,290 All right. Let's go. 550 00:27:37,550 --> 00:27:38,810 As promised. 551 00:27:41,290 --> 00:27:42,910 You feel good about this? 552 00:27:42,990 --> 00:27:46,320 I haven't felt good since this case landed on my desk. 553 00:27:47,530 --> 00:27:49,830 We have proof he had access to Silva's medical records, 554 00:27:49,900 --> 00:27:52,560 meaning your client knew he had an aneurysm, 555 00:27:52,630 --> 00:27:54,500 meaning the fruits of our search stay in. 556 00:27:54,930 --> 00:27:56,060 That's not a given. 557 00:27:56,500 --> 00:27:59,800 Well, how many years of your client's life are you willing to bet on it? 558 00:28:00,810 --> 00:28:03,280 Our offer is a plea to assault, five-to-ten years. 559 00:28:03,340 --> 00:28:07,640 God! My ex-wife kept me from my daughter for three years. 560 00:28:07,710 --> 00:28:09,080 If you think I'm gonna let you put me in jail, 561 00:28:09,150 --> 00:28:10,640 away from Nicole, for one more day, 562 00:28:10,720 --> 00:28:12,120 you're out of your mind, out of your mind. 563 00:28:16,360 --> 00:28:18,090 Mike Cutter. 564 00:28:19,460 --> 00:28:21,320 What? Thanks. 565 00:28:23,200 --> 00:28:25,190 To repeat, we have an eight-year-old girl, 566 00:28:25,270 --> 00:28:28,100 Nicole Shoemaker, missing from her grandparents' house 567 00:28:28,170 --> 00:28:29,470 here in Locust Point. 568 00:28:29,740 --> 00:28:31,290 Missing too is an inflatable boat 569 00:28:31,370 --> 00:28:33,900 that was tied to the dock at the back of the house. 570 00:28:33,970 --> 00:28:36,810 The girl's mother and grandparents are extremely concerned 571 00:28:36,880 --> 00:28:39,000 that the strong currents of the Long Island Sound 572 00:28:39,080 --> 00:28:42,380 have carried the small boat out to sea, with little Nicole in it. 573 00:28:42,450 --> 00:28:45,580 Now, the Coast Guard has begun a massive search of the waters, 574 00:28:45,650 --> 00:28:48,820 however, they have yet to find any sign of Nicole or the raft. 575 00:28:50,220 --> 00:28:51,490 Now, we pray. 576 00:29:01,000 --> 00:29:03,700 Sharon and I were coming back from the grocery store. 577 00:29:03,770 --> 00:29:06,140 We'd promised Nicole we were going to make s'mores. 578 00:29:06,270 --> 00:29:08,640 TV was still on, but she's gone. 579 00:29:08,710 --> 00:29:11,470 Dana was doing yoga. Her door was closed. 580 00:29:11,780 --> 00:29:15,270 So we look upstairs, downstairs, and then I see the back door's open, 581 00:29:15,350 --> 00:29:17,410 so I rush down to the boathouse, 582 00:29:17,480 --> 00:29:18,970 and I find her doll on the dock. 583 00:29:19,750 --> 00:29:21,150 The boat was gone. 584 00:29:21,220 --> 00:29:24,160 Keep the faith, okay? Everyone's doing all they can. 585 00:29:24,790 --> 00:29:26,090 They found her! 586 00:29:26,160 --> 00:29:27,350 A dramatic scene is unfolding 587 00:29:27,430 --> 00:29:29,990 five miles out in Long Island Sound, 588 00:29:30,060 --> 00:29:33,790 where the Coast Guard has found a small, yellow zodiac boat. 589 00:29:33,870 --> 00:29:36,960 Now, we understand that rescue divers are already in the water. 590 00:29:37,040 --> 00:29:40,060 The divers are at the boat. They're checking... 591 00:29:43,640 --> 00:29:48,310 They're signaling. The boat is empty. No one is in the boat. 592 00:29:48,380 --> 00:29:51,040 No, no, no! No sign of little Nicole Shoemaker. 593 00:29:51,120 --> 00:29:52,950 The search will continue in the icy waters... No, no, no! 594 00:29:53,020 --> 00:29:54,820 Look who I found. Mommy! 595 00:29:54,920 --> 00:29:56,390 Here, give me her. Give me her. Nicole, Nicole! 596 00:29:56,460 --> 00:29:57,620 Oh, thank God! 597 00:29:57,690 --> 00:29:59,560 She was asleep in the storage shed behind the boathouse. 598 00:29:59,630 --> 00:30:00,750 It doesn't matter. 599 00:30:00,830 --> 00:30:02,850 My baby. I was so worried about you! 600 00:30:02,930 --> 00:30:05,300 You're safe now. You're safe with Grandpa. 601 00:30:05,370 --> 00:30:06,350 We'll take her. 602 00:30:06,570 --> 00:30:07,660 What? 603 00:30:08,470 --> 00:30:10,100 You go finish your yoga. 604 00:30:16,280 --> 00:30:17,740 What's everyone looking at? 605 00:30:19,610 --> 00:30:21,410 I didn't do anything wrong! 606 00:30:27,990 --> 00:30:29,050 Morning. 607 00:30:29,120 --> 00:30:31,450 The Lehmans are moving for sole custody of Nicole. 608 00:30:31,520 --> 00:30:33,490 They want Dana declared an unfit parent. 609 00:30:33,760 --> 00:30:35,130 That's a pretty extreme reaction 610 00:30:35,200 --> 00:30:36,920 to an eight-year-old being an eight-year-old. 611 00:30:37,000 --> 00:30:38,330 Well, if you think that's extreme, 612 00:30:38,400 --> 00:30:40,160 they're even kicking Dana out of their house. 613 00:30:40,470 --> 00:30:42,330 She's on lock-down at an airport hotel. 614 00:30:42,600 --> 00:30:46,540 They also claim Oscar Silva's an unfit guardian because of his health. 615 00:30:46,870 --> 00:30:48,670 Just covering their bases. 616 00:30:48,740 --> 00:30:51,840 I'll say. They attached that Brazilian medical record 617 00:30:51,910 --> 00:30:53,310 about Silva's aneurysm. 618 00:30:54,150 --> 00:30:55,640 At the top of the page here, 619 00:30:55,750 --> 00:30:58,880 it's the fax number the medical record was faxed from to the Lehmans. 620 00:30:58,950 --> 00:31:00,540 That's New Jersey, isn't it? 621 00:31:04,320 --> 00:31:07,450 It's a fax number registered to Shoemaker's college. 622 00:31:08,360 --> 00:31:10,560 He's sharing information with his ex-in-laws? 623 00:31:12,270 --> 00:31:13,600 What's the big mystery? 624 00:31:13,670 --> 00:31:16,790 Neither Shoemaker nor his former in-laws want to be schlepping 625 00:31:16,870 --> 00:31:18,460 to Brazil to see the girl. 626 00:31:19,310 --> 00:31:22,070 Makes perfect sense they'd find common cause on this point. 627 00:31:22,140 --> 00:31:24,410 Except according to the header on this document, 628 00:31:24,480 --> 00:31:26,140 Shoemaker faxed the medical report 629 00:31:26,210 --> 00:31:27,700 to the Lehmans three months ago. 630 00:31:27,780 --> 00:31:31,220 Makes you wonder how long they've been cooperating to get the girl back. 631 00:31:32,250 --> 00:31:34,380 You're thinking the attempt on Oscar Silva's life? 632 00:31:34,450 --> 00:31:36,450 Well, why not? If you're willing to have your daughter 633 00:31:36,520 --> 00:31:38,920 declared an unfit parent, 634 00:31:38,990 --> 00:31:42,160 then whacking your Brazilian son-in-law doesn't seem so extreme. 635 00:31:42,230 --> 00:31:45,600 Except the evidence points to Shoemaker acting alone. 636 00:31:45,700 --> 00:31:48,360 Not all the evidence. We still haven't traced the 500 bucks 637 00:31:48,430 --> 00:31:49,960 used to buy the methyl P. 638 00:31:50,040 --> 00:31:52,230 We know Shoemaker didn't pull it out of his bank account. 639 00:31:52,810 --> 00:31:55,070 Then you'd better subpoena the Lehmans' bank records. 640 00:31:56,310 --> 00:31:57,610 A happy ending. 641 00:31:57,680 --> 00:31:59,340 It's starting to look like wishful thinking. 642 00:31:59,410 --> 00:32:01,900 Yeah, with everyone too busy trying to get custody of Nicole, 643 00:32:01,980 --> 00:32:03,570 it's dumb luck she didn't end up on that boat. 644 00:32:03,650 --> 00:32:06,180 Maybe luck had nothing to do with it. 645 00:32:10,690 --> 00:32:13,960 Nelson's running an errand, if you want to come back in a few hours. 646 00:32:14,030 --> 00:32:15,930 It's just a few routine questions. 647 00:32:16,030 --> 00:32:18,050 Since there was so much money spent on the search, 648 00:32:18,130 --> 00:32:21,260 the city comptroller wants to make sure all our "I's" are dotted. 649 00:32:21,330 --> 00:32:23,560 I already gave the police a statement. 650 00:32:23,640 --> 00:32:27,230 Oh, yes, about how your daughter was too busy to keep an eye on Nicole. 651 00:32:27,870 --> 00:32:29,810 Has Dana always been so negligent? 652 00:32:30,340 --> 00:32:33,140 I didn't see it when she was living here with Phillip. 653 00:32:34,110 --> 00:32:35,510 But the past three years... 654 00:32:35,580 --> 00:32:37,980 I can't speak to what happens in Brazil. 655 00:32:38,080 --> 00:32:40,110 Three years, that's a long time. 656 00:32:40,190 --> 00:32:41,950 You must have really missed your granddaughter. 657 00:32:42,490 --> 00:32:45,510 Yes. She's our only grandchild. 658 00:32:45,760 --> 00:32:50,220 We understand that your son-in-law, Mr. Silva, is awake and walking. 659 00:32:50,760 --> 00:32:53,250 So when Phillip goes to jail, 660 00:32:53,330 --> 00:32:56,600 I assume your daughter will be taking Nicole with her back to Brazil. 661 00:32:57,500 --> 00:33:00,560 I... I don't know. 662 00:33:00,770 --> 00:33:03,210 It's obvious what Nicole means to you. 663 00:33:03,280 --> 00:33:05,870 The prospect of losing her a second time must be awful. 664 00:33:06,710 --> 00:33:08,810 Awful enough for you to want to ensure 665 00:33:08,880 --> 00:33:10,850 Dana can't take her back to Brazil. 666 00:33:11,520 --> 00:33:14,280 It's almost empty. Want more tea? 667 00:33:16,790 --> 00:33:21,230 Mrs. Lehman, we can get a subpoena to do a drug test on Nicole. 668 00:33:21,290 --> 00:33:25,130 Whatever you gave her to make her sleep, it'll still be in her system. 669 00:33:25,600 --> 00:33:28,120 Child Services will question her. 670 00:33:28,200 --> 00:33:29,930 Do you really want to put her through that? 671 00:33:38,510 --> 00:33:40,600 We came home, 672 00:33:40,680 --> 00:33:42,840 Dana was in her room doing yoga. 673 00:33:44,020 --> 00:33:48,720 Nicole was just sitting there, watching TV, 674 00:33:48,790 --> 00:33:50,260 like a good little angel. 675 00:33:51,190 --> 00:33:55,990 And we started to think how we couldn't lose our angel again. 676 00:33:59,700 --> 00:34:04,760 We gave Nicole a glass of lemonade with an allergy pill in it, 677 00:34:04,840 --> 00:34:07,600 and Nelson carried her out into the shed. 678 00:34:08,540 --> 00:34:11,530 Nelson's a retired biology teacher, 679 00:34:11,610 --> 00:34:13,840 and he said it would just make her sleepy. 680 00:34:15,210 --> 00:34:19,740 Then, Nelson set the boat adrift, we called the police. 681 00:34:20,020 --> 00:34:22,950 We didn't mean to cause so much trouble. 682 00:34:23,020 --> 00:34:27,960 I mean, we just, we love her so much. 683 00:34:28,560 --> 00:34:31,330 Did Phillip Shoemaker know what you were planning to do? 684 00:34:31,400 --> 00:34:34,370 No. It wasn't planned. 685 00:34:34,430 --> 00:34:37,670 But you've stayed in touch with Mr. Shoemaker over the years? 686 00:34:37,740 --> 00:34:43,070 Yes, we've stayed friendly. I mean, we wanted the same things... 687 00:34:43,140 --> 00:34:48,080 To see Nicole grow up, to be a part of her life. 688 00:34:48,150 --> 00:34:51,170 It hurt so much to lose her. 689 00:34:58,690 --> 00:35:00,390 Look, you want me to pay for the search? 690 00:35:00,460 --> 00:35:01,830 Fine, I'll write you a check. 691 00:35:01,890 --> 00:35:03,490 Splashing your cash again. 692 00:35:03,600 --> 00:35:05,720 You've been doing a lot of that lately. Sit down. 693 00:35:08,430 --> 00:35:12,130 A $500 ATM withdrawal three weeks ago, 694 00:35:12,210 --> 00:35:15,610 and two hours later, you bought a money order in the same amount, 695 00:35:15,680 --> 00:35:17,510 made payable to Vernon Clayton. 696 00:35:17,910 --> 00:35:20,970 The clerk at the Western Union ID'd your photo. 697 00:35:21,480 --> 00:35:23,680 That money was for the methyl P 698 00:35:23,750 --> 00:35:25,440 Phillip Shoemaker used to poison Oscar. 699 00:35:25,520 --> 00:35:26,640 You're nuts. 700 00:35:26,720 --> 00:35:31,090 Mr. Lehman, you saw how much your wife missed your granddaughter, 701 00:35:31,160 --> 00:35:33,590 you saw it for three long years. 702 00:35:34,690 --> 00:35:35,750 I didn't kill anybody. 703 00:35:35,830 --> 00:35:38,960 Look, you can stonewall all you want. 704 00:35:39,030 --> 00:35:40,970 But there's enough here to assume your wife 705 00:35:41,030 --> 00:35:42,800 was in on the murder attempt, too, 706 00:35:42,870 --> 00:35:44,770 and certainly the boat hoax. 707 00:35:44,840 --> 00:35:47,170 Either way, she'll do time. 708 00:35:47,240 --> 00:35:48,540 No. 709 00:35:52,810 --> 00:35:56,210 Look, I did it. 710 00:35:57,150 --> 00:36:00,350 It was all me. I poisoned Silva. 711 00:36:03,790 --> 00:36:06,380 I wasn't going to let him take our granddaughter away from us, 712 00:36:06,460 --> 00:36:07,720 from Sharon, ever again. 713 00:36:08,090 --> 00:36:10,650 If you're willing to testify against Shoemaker... 714 00:36:10,730 --> 00:36:12,100 He had nothing to do with it. 715 00:36:12,370 --> 00:36:15,360 I was the one who walked into that breakfast, 716 00:36:15,430 --> 00:36:17,730 and I put the methyl P on Silva's cereal. 717 00:36:17,800 --> 00:36:20,530 We know the methyl P was shipped to Shoemaker's house. 718 00:36:20,610 --> 00:36:22,070 No, he had no idea what it was. 719 00:36:22,140 --> 00:36:25,670 I shipped it to his house, so that I wouldn't involve my wife. 720 00:36:26,510 --> 00:36:28,840 The whole thing was my idea, you understand? 721 00:36:29,520 --> 00:36:32,510 Nobody else. Nobody. 722 00:36:36,660 --> 00:36:37,920 Nelson's falling on his sword. 723 00:36:37,990 --> 00:36:39,960 If he cops to everything, Shoemaker walks. 724 00:36:40,030 --> 00:36:42,890 Well, and if he does, he gets to retain sole custody of Nicole. 725 00:36:42,960 --> 00:36:45,490 Meaning Grandma Lehman gets to spend her golden years 726 00:36:45,570 --> 00:36:46,860 doting over her granddaughter. 727 00:36:47,330 --> 00:36:50,230 Not a bad play for Mr. Lehman. Take his plea. 728 00:36:50,570 --> 00:36:53,660 Two people conspired to poison Silva, 729 00:36:53,740 --> 00:36:55,540 and I'm not letting Shoemaker off the hook. 730 00:36:55,610 --> 00:36:57,600 Bird in the hand. In the meantime, 731 00:36:57,680 --> 00:36:59,240 Lehman will have eight years minimum 732 00:36:59,310 --> 00:37:02,580 to agonize over his decision to cover for Shoemaker. 733 00:37:03,080 --> 00:37:05,920 Meaning, sooner or later, he'll be ready to deal. 734 00:37:05,990 --> 00:37:09,050 Now, take the plea. I'm not asking. 735 00:37:13,690 --> 00:37:17,390 I waited until Silva got up to make a call, 736 00:37:18,360 --> 00:37:21,800 then I poured the contents of 12 500 milligram capsules 737 00:37:21,870 --> 00:37:23,960 of methylphenidate into his cereal. 738 00:37:25,540 --> 00:37:27,470 I wanted to kill him so that my daughter 739 00:37:27,540 --> 00:37:29,870 would be forced to move back here with Nicole. 740 00:37:33,150 --> 00:37:34,200 And that's all of it. 741 00:37:36,880 --> 00:37:39,080 Mr. Cutter, are the People satisfied? 742 00:37:44,990 --> 00:37:48,190 Just one small matter, concerning the shipping of the poison. 743 00:37:48,830 --> 00:37:51,230 I'd like to call Phillip Shoemaker to the stand 744 00:37:51,300 --> 00:37:53,460 to corroborate Mr. Lehman's statement. 745 00:37:53,530 --> 00:37:54,830 Judge, we object. 746 00:37:54,900 --> 00:37:57,100 Mr. Shoemaker is not part of these proceedings. 747 00:37:57,170 --> 00:37:59,540 Well, if we can't corroborate Mr. Lehman's statement, 748 00:37:59,610 --> 00:38:01,510 we're going to reject the plea agreement. 749 00:38:02,140 --> 00:38:05,040 There's no procedural bar. Ms. Marks? 750 00:38:06,580 --> 00:38:08,010 Mmm-hmm. 751 00:38:09,280 --> 00:38:11,940 My client has no objection to testifying, Your Honor. 752 00:38:19,690 --> 00:38:20,950 Nelson said he was going out of town, 753 00:38:21,030 --> 00:38:23,720 he asked if he could have a package shipped to my house. 754 00:38:23,800 --> 00:38:26,230 I didn't know what it was. I didn't open it. I just gave it to him. 755 00:38:26,430 --> 00:38:28,330 At any point, did you and Mr. Lehman 756 00:38:28,400 --> 00:38:31,860 discuss poisoning Dr. Silva in a scheme to get your daughter back? 757 00:38:32,170 --> 00:38:33,540 Absolutely not. I'd never do that. 758 00:38:33,610 --> 00:38:37,980 So, you expect us to believe that you had zero to do with this? 759 00:38:38,040 --> 00:38:41,340 Despite the fact your ex practically kidnapped your daughter. 760 00:38:41,410 --> 00:38:44,780 You even got a court order awarding you sole custody, isn't that right? 761 00:38:45,280 --> 00:38:46,510 That's right. 762 00:38:46,590 --> 00:38:47,640 Despite all the trips you took to Brazil 763 00:38:47,720 --> 00:38:50,950 to have her returned, all the money that you spent on lawyers? 764 00:38:51,560 --> 00:38:53,050 Uh, it's in the past. 765 00:38:53,160 --> 00:38:55,890 You mean, you've given up on trying to get your daughter back? 766 00:38:56,260 --> 00:38:57,290 I've moved on. 767 00:38:58,130 --> 00:38:59,150 You've moved on? 768 00:38:59,230 --> 00:39:02,220 Yes. My work takes up all my life now. 769 00:39:02,300 --> 00:39:04,030 I lecture, I teach. 770 00:39:04,100 --> 00:39:06,900 I spend maybe 60 days out of the year at home now. 771 00:39:06,970 --> 00:39:09,840 There's really no room for her in my life now. 772 00:39:11,440 --> 00:39:14,500 So, you're telling us that you've stopped caring for your daughter? 773 00:39:14,880 --> 00:39:17,750 Caring enough to do whatever it takes to get her back? 774 00:39:19,650 --> 00:39:23,180 Look, um, after three years, 775 00:39:23,260 --> 00:39:24,480 she's basically dead to me. 776 00:39:24,560 --> 00:39:26,890 I don't really have an emotional bond with her anymore. 777 00:39:26,960 --> 00:39:28,890 Judge, is there an end in sight here? 778 00:39:28,960 --> 00:39:32,020 Mr. Cutter, I assume this constitutes ample corroboration? 779 00:39:32,100 --> 00:39:34,000 Just one more thing, Your Honor. 780 00:39:35,570 --> 00:39:38,500 Your daughter is eight, sir. 781 00:39:38,570 --> 00:39:42,800 In a few years, she'll read the transcripts of your testimony here. 782 00:39:42,880 --> 00:39:44,370 How do you think she'll react to it? 783 00:39:47,380 --> 00:39:48,510 I haven't really given it much thought. 784 00:39:48,580 --> 00:39:50,550 You haven't given much thought to the fact 785 00:39:50,620 --> 00:39:52,780 that you've just publicly disowned her? 786 00:39:53,790 --> 00:39:56,980 Once she reads that, do you think she'll have anything more to do with you? 787 00:39:57,060 --> 00:39:58,080 Objection. 788 00:39:58,160 --> 00:39:59,850 This goes to credibility, Your Honor. 789 00:39:59,930 --> 00:40:01,520 Overruled. Mr. Shoemaker? 790 00:40:03,630 --> 00:40:06,960 Uh, I don't know. 791 00:40:07,730 --> 00:40:09,060 I love my daughter very much. 792 00:40:09,140 --> 00:40:10,630 I would do anything for her, and she knows that. 793 00:40:10,970 --> 00:40:12,270 That's not what you said. 794 00:40:12,340 --> 00:40:14,640 I asked if you'd given up on trying to get your daughter back, 795 00:40:14,710 --> 00:40:16,830 and you said that you'd moved on. 796 00:40:18,110 --> 00:40:19,630 I didn't mean it that way. 797 00:40:19,710 --> 00:40:21,200 So you haven't moved on? No. 798 00:40:21,280 --> 00:40:24,840 You testified that there was no room in your life for her. 799 00:40:24,920 --> 00:40:26,540 Is that true? No. 800 00:40:26,620 --> 00:40:29,650 Said you no longer felt an emotional bond with her, 801 00:40:29,720 --> 00:40:31,280 she's dead to you. 802 00:40:37,560 --> 00:40:39,620 I can tell you from experience, Mr. Shoemaker, 803 00:40:39,700 --> 00:40:42,600 kids don't forget. And they don't forgive. 804 00:40:44,400 --> 00:40:45,390 You tricked me. 805 00:40:45,470 --> 00:40:47,130 These words, they're not true. 806 00:40:47,210 --> 00:40:49,640 Well, how much of what you said here is true, sir? 807 00:40:49,710 --> 00:40:51,140 Most of it? Some? None of it? 808 00:40:51,210 --> 00:40:53,010 None of it, none of it, actually, none of it. 809 00:40:53,080 --> 00:40:54,380 I would do anything for Nicole. 810 00:40:54,450 --> 00:40:55,470 Anything? Yes. 811 00:40:55,550 --> 00:40:56,910 Even risk going to jail? Yes. 812 00:40:56,980 --> 00:40:58,310 And even poison Oscar Silva? 813 00:41:01,690 --> 00:41:02,810 Yes. 814 00:41:17,100 --> 00:41:18,630 They stole her from me. 815 00:41:19,170 --> 00:41:22,730 They stole her from me. She was my life. 816 00:41:22,810 --> 00:41:24,500 She gave my world meaning. 817 00:41:24,580 --> 00:41:26,840 She made the world a happier place. 818 00:41:28,480 --> 00:41:30,040 And they took her from me. 819 00:41:32,850 --> 00:41:34,650 They took my daughter! 820 00:41:45,760 --> 00:41:47,160 Two guilty pleas. 821 00:41:49,470 --> 00:41:51,940 You look like someone ran over your dog. 822 00:41:52,000 --> 00:41:55,370 Well, I won, but Nicole Shoemaker lost. 823 00:41:56,110 --> 00:41:58,840 She'll grow up with her father and grandfather in prison, 824 00:41:58,910 --> 00:42:01,570 under the care of a mom whose selfishness 825 00:42:01,650 --> 00:42:03,410 set this whole tragedy in motion. 826 00:42:03,480 --> 00:42:05,380 That's why I never went into family law. 827 00:42:05,450 --> 00:42:07,040 It's where all the heartbreak is. 828 00:42:07,120 --> 00:42:08,920 Heartbreak is everywhere in this job, 829 00:42:10,220 --> 00:42:11,310 as you both know. 830 00:42:12,420 --> 00:42:14,820 Take consolation in getting the right result. 831 00:42:15,460 --> 00:42:16,790 It was a good day's work. 832 00:42:17,760 --> 00:42:20,490 Yeah, but not a good day.