1
00:00:01,302 --> 00:00:04,536
the people are represented
by two separate
2
00:00:04,538 --> 00:00:06,505
yet equally important groups:
3
00:00:06,507 --> 00:00:08,908
The police,
who investigate crime
4
00:00:08,909 --> 00:00:11,310
and the district attorneys,
who prosecute the offenders.
5
00:00:11,312 --> 00:00:13,779
These are their stories.
6
00:00:13,781 --> 00:00:17,149
( garbled radio transmission )
7
00:00:17,151 --> 00:00:19,184
OFFICER:
So my brother-in-law
8
00:00:19,186 --> 00:00:21,186
moves into Hell's Kitchen.
9
00:00:21,188 --> 00:00:22,321
Doctor?
10
00:00:22,323 --> 00:00:23,355
The genius.
11
00:00:23,357 --> 00:00:25,024
Quarter-mil on 46th Street.
12
00:00:25,026 --> 00:00:27,159
He says
he's a pioneer.
13
00:00:27,161 --> 00:00:29,428
Hope he's got a gun.
14
00:00:31,265 --> 00:00:34,299
WOMAN:
If I never see another
off-record statement
15
00:00:34,301 --> 00:00:35,467
it will be too soon.
16
00:00:35,469 --> 00:00:37,569
I'm just happy
for the overtime.
17
00:00:37,571 --> 00:00:39,371
We do all the work.
18
00:00:39,373 --> 00:00:41,140
They make
all the bucks.
19
00:00:41,142 --> 00:00:43,042
Come on,
I called a cab.
20
00:00:43,044 --> 00:00:44,043
I'll drop you.
21
00:00:44,045 --> 00:00:46,145
I'm charging it
to a client.
22
00:00:46,147 --> 00:00:47,379
You live in Queens.
23
00:00:47,381 --> 00:00:49,148
Where you gonna drop me?
24
00:00:49,150 --> 00:00:51,150
We'll swing over
to your place...
No, that's okay.
25
00:00:51,152 --> 00:00:53,585
I'm just gonna take a subway.
It's the only exercise I get.
26
00:00:53,587 --> 00:00:54,586
You sure?
27
00:00:54,588 --> 00:00:56,655
Sure, I do it
all the time.
28
00:01:02,396 --> 00:01:04,129
DRIVER:
Where to, lady?
29
00:01:04,131 --> 00:01:05,831
Gooden's pitching.
The kid should see it.
30
00:01:05,833 --> 00:01:08,167
She never heard
of negotiation?
31
00:01:08,169 --> 00:01:09,268
You swap days.
32
00:01:09,270 --> 00:01:10,836
Nope. By the book.
33
00:01:10,838 --> 00:01:12,438
Every other weekend.
34
00:01:12,440 --> 00:01:14,406
I got to call my damn lawyer
35
00:01:14,408 --> 00:01:17,142
to take the kid
to the freakin' zoo.
36
00:01:17,144 --> 00:01:18,644
27 car for a signal 10-56.
DISPATCH:
37
00:01:18,646 --> 00:01:21,180
in the alley.
Corner of Water and Vesey
38
00:01:21,182 --> 00:01:22,281
27 Charlie, 10-4.
39
00:01:43,404 --> 00:01:45,704
Central K,
we have a female down.
40
00:01:45,706 --> 00:01:48,173
Need ambulance on corner
of Water and Vesey.
41
00:01:48,175 --> 00:01:49,308
Roger, 27.
DISPATCH:
42
00:01:50,377 --> 00:01:52,444
( labored breathing )
43
00:01:57,618 --> 00:01:59,651
I'll talk to them
in five.
44
00:02:04,191 --> 00:02:06,191
Call came in
at 1:17.
45
00:02:06,193 --> 00:02:08,193
We were
around the corner.
46
00:02:08,195 --> 00:02:09,261
A mugging?
47
00:02:09,263 --> 00:02:11,296
Too hysterical
to talk.
48
00:02:11,298 --> 00:02:12,731
Where's the caller?
49
00:02:12,733 --> 00:02:14,466
Joined the Silent Majority.
50
00:02:14,468 --> 00:02:16,385
911 anonymous.
51
00:02:16,386 --> 00:02:18,303
Probably used a pay
phone around the corner.
52
00:02:18,305 --> 00:02:21,740
Found it down the block.
License says her
name's Amy Newhouse.
53
00:02:21,742 --> 00:02:23,709
453 West 45th.
54
00:02:23,711 --> 00:02:26,211
I got ten bucks says she's
taking self-defense
55
00:02:26,213 --> 00:02:28,213
at the 92nd Street Y.
You know, I wish
56
00:02:28,215 --> 00:02:30,415
they'd teach these people
it's not worth the fight.
57
00:02:30,417 --> 00:02:33,218
Yeah, well, I doubt this
one put up much of a fight.
58
00:02:33,220 --> 00:02:34,486
What makes you say that?
59
00:02:34,488 --> 00:02:35,621
She's preggo.
60
00:02:35,623 --> 00:02:37,289
Out to here.
61
00:02:39,627 --> 00:02:41,527
Tough town.
62
00:02:41,529 --> 00:02:43,162
( whistles )
63
00:02:45,332 --> 00:02:49,401
Captioning sponsored by
NBC/UNIVERSAL
64
00:04:07,414 --> 00:04:09,414
12 hours in E.R.,
you see everything.
65
00:04:09,416 --> 00:04:11,283
Did you see Amy Newhouse?
66
00:04:11,285 --> 00:04:13,418
Yeah, I admitted her
around 2:00 a.m.
67
00:04:13,420 --> 00:04:14,419
Roughed up,
nothing's broken.
68
00:04:14,421 --> 00:04:16,288
Scratches, scrapes,
bruises.
69
00:04:16,290 --> 00:04:18,423
That's a first
for this rotation.
70
00:04:18,425 --> 00:04:20,425
Looks like the patient
will be just fine.
71
00:04:20,427 --> 00:04:22,427
Paramedics said
she was pregnant.
72
00:04:22,429 --> 00:04:24,429
Yeah, maybe five,
six months.
73
00:04:24,431 --> 00:04:26,365
Well?
74
00:04:26,366 --> 00:04:28,300
Some women sneeze too hard,
it causes a miscarriage.
75
00:04:28,302 --> 00:04:31,303
Others, they run a triathlon,
everything's hunky-dory.
76
00:04:31,305 --> 00:04:33,305
What's that,
a medical term?
77
00:04:33,307 --> 00:04:34,973
Partial abruption
of the fetus.
78
00:04:34,975 --> 00:04:37,976
The placenta starts to separate
from the uterine wall.
79
00:04:37,978 --> 00:04:40,412
We've got her hooked up
to fetal monitors.
80
00:04:40,414 --> 00:04:42,414
All we can do
is wait and see.
81
00:04:42,416 --> 00:04:44,316
You catch the guy?
82
00:04:44,318 --> 00:04:46,618
Nope.
Belongs in a cage.
83
00:04:46,620 --> 00:04:49,421
Talk about
your sociopaths.
84
00:04:49,423 --> 00:04:52,391
This guy kicks her two, maybe
three times right in the belly.
85
00:04:52,393 --> 00:04:54,459
Can you tell us
where can we find her?
86
00:04:54,461 --> 00:04:55,594
Yeah, upstairs, 612 South.
87
00:05:02,336 --> 00:05:05,003
I only had $20.
88
00:05:05,005 --> 00:05:07,005
Credit cards?
89
00:05:07,007 --> 00:05:09,341
I don't have any.
90
00:05:09,343 --> 00:05:10,509
Amy...
91
00:05:10,511 --> 00:05:12,711
can you remember
anything about this man?
92
00:05:12,713 --> 00:05:16,081
How tall he might have been
or something he might have said?
93
00:05:18,519 --> 00:05:20,419
It's okay.
94
00:05:20,421 --> 00:05:22,321
It's all right.
95
00:05:22,323 --> 00:05:24,523
He grabbed me from behind.
96
00:05:24,525 --> 00:05:26,525
I never even saw him.
97
00:05:26,527 --> 00:05:29,494
He took my bag.
98
00:05:29,496 --> 00:05:32,431
The next thing,
I was on the ground.
99
00:05:34,368 --> 00:05:37,402
My baby...
100
00:05:37,404 --> 00:05:40,739
He took your bag
and then he kicked you?
101
00:05:42,643 --> 00:05:46,712
What were you doing out
at that hour?
102
00:05:46,714 --> 00:05:49,781
My boss kept me late.
103
00:05:49,783 --> 00:05:53,985
I work for a law firm--
Wood, Carlton, Troy.
104
00:05:55,422 --> 00:05:56,788
Has anybody
contacted
105
00:05:56,790 --> 00:05:58,490
your husband?
106
00:06:01,562 --> 00:06:03,362
I'm not married.
107
00:06:03,364 --> 00:06:05,097
The father?
108
00:06:05,099 --> 00:06:07,799
Chris.
109
00:06:07,801 --> 00:06:09,534
He's at work.
110
00:06:09,536 --> 00:06:11,002
He's a cabby.
111
00:06:13,374 --> 00:06:17,642
You know, I would have given
that man my money.
112
00:06:24,151 --> 00:06:25,684
What about the baby?
113
00:06:25,686 --> 00:06:28,687
So far, so good.
114
00:06:28,689 --> 00:06:31,089
New York
was Amy's idea.
115
00:06:31,091 --> 00:06:34,059
Saw Working Girl
one too many times.
116
00:06:34,061 --> 00:06:37,429
You think that bunch of lawyers
gives a damn about her
117
00:06:37,431 --> 00:06:39,064
keeping her there
till all hours?
118
00:06:39,066 --> 00:06:42,100
She always walk
to the subway that late?
119
00:06:42,102 --> 00:06:44,803
She's a secretary
of some hotshot partner.
120
00:06:44,805 --> 00:06:46,738
Jerk thinks he owns her.
121
00:06:46,740 --> 00:06:49,808
A million times, I asked her
what she needed that job for
122
00:06:49,810 --> 00:06:51,810
but she wanted the overtime.
123
00:06:51,812 --> 00:06:53,745
Maybe now we can go
back to Wisconsin.
124
00:06:53,747 --> 00:06:56,114
Look, I've got to get
to the hospital.
125
00:06:58,452 --> 00:07:00,752
She's going
to be okay.
126
00:07:00,754 --> 00:07:02,721
The baby is
a question mark.
127
00:07:02,723 --> 00:07:05,724
Great, so for 20 bucks
we might have a murder?
128
00:07:05,726 --> 00:07:07,759
If he already
had her bag
129
00:07:07,761 --> 00:07:09,861
he didn't need
to kick her.
130
00:07:09,863 --> 00:07:12,197
This city is known
for its mental health?
131
00:07:12,199 --> 00:07:14,733
Or maybe somebody had something
else in mind.
132
00:07:14,735 --> 00:07:15,867
Like for instance?
133
00:07:15,869 --> 00:07:17,669
Like causing a miscarriage.
134
00:07:17,671 --> 00:07:20,839
That's a hell of a way
to get your jollies.
135
00:07:20,841 --> 00:07:25,710
We'll run the M.O.
through the assault files.
136
00:07:25,712 --> 00:07:29,548
Could be this started
closer to home.
137
00:07:31,618 --> 00:07:33,151
CRAGEN:
All right.
138
00:07:33,153 --> 00:07:35,053
Talk to the neighbor.
139
00:07:35,055 --> 00:07:38,156
See if you can get
a read on the boyfriend.
140
00:07:38,158 --> 00:07:40,058
I'm sorry.
141
00:07:40,060 --> 00:07:43,161
My hearing, you know.
142
00:07:43,163 --> 00:07:48,733
The best thing about getting old
is you only have to do it once.
143
00:07:48,735 --> 00:07:50,702
( laughing )
144
00:07:50,704 --> 00:07:53,138
Oh, that Amy, oh, she's a doll.
145
00:07:53,140 --> 00:07:56,141
She brings me papers every day.
146
00:07:56,143 --> 00:07:57,576
The stairs, you know.
147
00:07:57,578 --> 00:07:59,778
They're such
a nice young couple
148
00:07:59,780 --> 00:08:02,113
and now a baby.
149
00:08:02,115 --> 00:08:04,850
So Chris was happy
about the baby?
150
00:08:04,852 --> 00:08:07,219
He thought he was too young.
151
00:08:07,221 --> 00:08:10,789
I was his age when I was already
expecting my third.
152
00:08:10,791 --> 00:08:11,823
Mrs. Fisher...
153
00:08:11,825 --> 00:08:14,826
Hmm?
154
00:08:14,827 --> 00:08:17,828
Listen... did you ever hear
anything... you know, strange
155
00:08:17,831 --> 00:08:20,198
coming from
their apartment?
156
00:08:20,200 --> 00:08:26,872
Well, since Sam died,
I only turn these on for guests.
157
00:08:26,874 --> 00:08:28,206
Are you kidding?
158
00:08:28,208 --> 00:08:30,542
The walls
are like toilet paper.
159
00:08:30,544 --> 00:08:31,843
This isn't
exactly Gramercy Park.
160
00:08:31,845 --> 00:08:34,746
Ever hear anything
out of the ordinary?
161
00:08:34,748 --> 00:08:36,665
Put it this way--
162
00:08:36,666 --> 00:08:38,583
every time he's in the mood,
I know about it.
163
00:08:38,585 --> 00:08:40,585
Couple of horny toads.
Ought to be a law.
164
00:08:40,587 --> 00:08:42,153
Any violence?
165
00:08:42,155 --> 00:08:45,290
Yeah, the guy blew his top
every now and again.
166
00:08:45,292 --> 00:08:48,960
Did you ever see Chris
actually hit Amy?
167
00:08:48,962 --> 00:08:53,632
Last spring,
she had a cast on her arm.
168
00:08:53,634 --> 00:08:54,966
And you think
169
00:08:54,968 --> 00:08:56,635
Chris caused that?
170
00:08:56,637 --> 00:08:59,571
She said she fell.
171
00:08:59,573 --> 00:09:01,873
Who am I to say otherwise?
172
00:09:05,712 --> 00:09:08,213
In my opinion,
the guy's a dip.
173
00:09:08,215 --> 00:09:10,749
The fare wanted to go
to Forest Hills
174
00:09:10,751 --> 00:09:12,984
he took them to Forest Lawn.
175
00:09:12,986 --> 00:09:14,853
You kept him on.
176
00:09:14,855 --> 00:09:16,655
Almost a year.
177
00:09:16,657 --> 00:09:18,857
Honest beats smart any time.
178
00:09:18,859 --> 00:09:20,992
Was Chris on duty
Tuesday night?
179
00:09:20,994 --> 00:09:24,563
Uh, graveyard--
12:00 to 8:00.
180
00:09:24,565 --> 00:09:27,265
How much trouble could
he get into after midnight?
181
00:09:27,267 --> 00:09:30,001
Can you tell me
where he was around 1:00?
182
00:09:34,274 --> 00:09:35,874
Somewhere on the L.I.E.
183
00:09:35,876 --> 00:09:39,277
Picked up a fare
at 79th and Columbus.
184
00:09:39,279 --> 00:09:40,912
Took them out to Kennedy.
185
00:09:40,914 --> 00:09:42,614
37 bucks on the meter.
186
00:09:42,616 --> 00:09:44,749
Another 40 coming home.
187
00:09:47,588 --> 00:09:49,354
He was in
the wrong borough
188
00:09:49,356 --> 00:09:51,656
at the time
of the attack.
189
00:09:51,658 --> 00:09:53,758
So much for Ken
popping Barbie.
190
00:09:53,760 --> 00:09:54,893
That's no alibi.
191
00:09:54,895 --> 00:09:57,262
Hey, summer of '82
I hacked part-time
192
00:09:57,264 --> 00:09:58,763
to pay tuition.
193
00:09:58,765 --> 00:10:00,999
Sometimes middle of the
night, I'd get lonely.
194
00:10:01,001 --> 00:10:03,902
I'd park my cab in front
of Janie Meyer's house,
195
00:10:03,904 --> 00:10:05,770
leave the meter running,
go inside
196
00:10:05,772 --> 00:10:08,006
take care of business,
pay the fare myself.
197
00:10:08,008 --> 00:10:10,041
Which would amount
to what, about $2 or $3?
198
00:10:10,043 --> 00:10:13,645
Like going
to Jersey and back.
199
00:10:13,647 --> 00:10:15,280
Let's go talk to the girl.
200
00:10:15,282 --> 00:10:18,917
Back home we had
the real thing-- 120 pounds.
201
00:10:18,919 --> 00:10:20,885
His name was Regis.
202
00:10:20,887 --> 00:10:23,888
He shouldn't have spent
the money,
203
00:10:23,890 --> 00:10:25,890
but that's Chris.
204
00:10:25,892 --> 00:10:28,693
So Chris was happy
about the baby?
205
00:10:28,695 --> 00:10:30,895
Hmm. That's all he talked about.
206
00:10:30,897 --> 00:10:34,799
All he wants out of life
is a wife and half a dozen kids.
207
00:10:34,801 --> 00:10:37,736
Amy, we know about
your broken arm last spring.
208
00:10:40,340 --> 00:10:42,307
You want to tell us
how you got it?
209
00:10:42,309 --> 00:10:44,409
I fell down.
210
00:10:44,411 --> 00:10:46,344
In the middle of a fight?
211
00:10:46,346 --> 00:10:48,680
No, I told you that...
212
00:10:48,682 --> 00:10:49,814
Amy, there's no reason
213
00:10:49,816 --> 00:10:52,017
to protect Chris
if he did this to you.
214
00:10:52,019 --> 00:10:54,686
What do you think--
Chris is an animal?
215
00:10:54,688 --> 00:10:57,756
He wouldn't hurt me or his baby.
216
00:11:00,427 --> 00:11:01,960
LOGAN:
Look...
217
00:11:01,962 --> 00:11:03,328
he hit her once.
218
00:11:03,330 --> 00:11:05,063
He'd hit her again.
This much is clear--
219
00:11:05,065 --> 00:11:06,965
she is lying
about the broken arm.
220
00:11:06,967 --> 00:11:09,334
You think he wanted
to nix the kid?
221
00:11:09,336 --> 00:11:11,269
Wait a minute, wait a minute.
Wife-beatings are spontaneous.
222
00:11:11,271 --> 00:11:13,371
Are you saying he actually
drove cross town then waited
223
00:11:13,373 --> 00:11:16,041
outside her office
in order to pop her?
All right, a theory.
224
00:11:16,043 --> 00:11:18,376
Chris wasn't as happy
about fatherhood
225
00:11:18,378 --> 00:11:20,078
as Amy would have us believe.
226
00:11:20,080 --> 00:11:23,848
She wouldn't get an abortion,
so it was a do-it-yourself job.
227
00:11:23,850 --> 00:11:25,884
Okay, so he loses his temper
now and then.
228
00:11:25,886 --> 00:11:27,886
But beat her enough
so she'll lose the baby?
229
00:11:27,888 --> 00:11:29,454
Any way you look at it
230
00:11:29,456 --> 00:11:31,790
the wheel stops
at the boyfriend.
231
00:11:31,792 --> 00:11:33,958
He's got buttons. Push them.
232
00:11:33,960 --> 00:11:35,994
I know how it is, Chris.
233
00:11:35,996 --> 00:11:37,996
She ticks you off
234
00:11:37,998 --> 00:11:40,732
so maybe
you lose your temper.
235
00:11:40,734 --> 00:11:42,300
It happens
all the time.
236
00:11:42,302 --> 00:11:43,868
Maybe I hit her once,
237
00:11:43,870 --> 00:11:46,971
but that was a long time ago,
before she got pregnant.
238
00:11:46,973 --> 00:11:48,740
I'd like to believe you
239
00:11:48,742 --> 00:11:51,376
but whoever did this to Amy
had one thing in mind.
240
00:11:51,378 --> 00:11:52,944
You think I would hurt my baby?
241
00:11:52,946 --> 00:11:54,746
Hey, I know how tough it is
242
00:11:54,748 --> 00:11:56,314
raising a family.
You're broke, you're young.
243
00:11:56,316 --> 00:11:57,949
The last thing you
need is someone...
244
00:11:57,951 --> 00:12:00,819
We'd get by.
245
00:12:03,123 --> 00:12:08,727
Chris, if you speak up now,
maybe the D.A. will listen.
246
00:12:08,729 --> 00:12:10,829
The D.A.?
247
00:12:10,831 --> 00:12:12,464
Yeah.
248
00:12:12,466 --> 00:12:13,932
Amy's pressing charges?
249
00:12:13,934 --> 00:12:15,166
Nobody's under arrest.
250
00:12:15,168 --> 00:12:16,901
She knows I couldn't have
done this.
251
00:12:16,903 --> 00:12:18,970
I love her.
I love the baby.
252
00:12:20,173 --> 00:12:21,172
( knock at door )
253
00:12:21,174 --> 00:12:24,476
Amy had a miscarriage.
254
00:12:24,478 --> 00:12:26,411
Oh, God.
255
00:12:33,019 --> 00:12:35,754
If the fetus
was less than 24 weeks old
256
00:12:35,756 --> 00:12:39,190
there's no homicide,
and all we've got is assault.
257
00:12:39,192 --> 00:12:40,391
You've got to be
kidding me.
258
00:12:40,393 --> 00:12:42,143
That's the statute.
259
00:12:42,144 --> 00:12:43,894
That's great.
So, a bunch of lawyers decide
260
00:12:43,897 --> 00:12:45,497
whether you're alive
enough to be murdered.
261
00:12:45,499 --> 00:12:48,500
Better yet,
it could vary
state to state.
262
00:12:48,502 --> 00:12:50,034
Oh, that's wonderful.
Good thing they weren't
263
00:12:50,036 --> 00:12:51,870
traveling cross-country
when he beat her.
264
00:12:51,872 --> 00:12:53,938
Would've been like Tic-Tac-Toe--
here we charge you,
265
00:12:53,940 --> 00:12:56,508
here we don't.
Guys, what do you want me
to tell you?
266
00:12:56,510 --> 00:12:58,944
The law always
makes sense?
267
00:12:58,945 --> 00:13:01,379
Ours is not to question why;
just pick up the garbage.
268
00:13:01,381 --> 00:13:05,817
Fellas, just try to find out
how far along this girl was.
269
00:13:05,819 --> 00:13:07,418
Without the trauma
270
00:13:07,420 --> 00:13:09,420
she would have had
a healthy boy.
271
00:13:09,422 --> 00:13:12,423
Can you tell us if the fetus
was 24 weeks old?
272
00:13:12,425 --> 00:13:15,927
The B.P.D.
is 5.8 centimeters.
273
00:13:15,929 --> 00:13:18,997
Femur lengths 4.4.
274
00:13:18,999 --> 00:13:21,499
In my opinion,
probably about 25 weeks.
275
00:13:21,501 --> 00:13:23,968
In other words, there's no way
to tell for sure?
276
00:13:23,970 --> 00:13:26,004
Did you check
with her regular O.B.?
277
00:13:26,006 --> 00:13:28,406
She said
she didn't have one.
278
00:13:28,408 --> 00:13:31,409
Look, I don't know
what to tell you.
279
00:13:31,411 --> 00:13:35,013
We take amnios,
we run sonograms
280
00:13:35,015 --> 00:13:38,016
but the best story
is the old way--
281
00:13:38,018 --> 00:13:39,584
counting backwards.
282
00:13:39,586 --> 00:13:42,520
Amy, the D.A. does not like
hostile witnesses.
283
00:13:42,522 --> 00:13:44,322
There's always a chance
284
00:13:44,324 --> 00:13:46,958
that he's going to charge
you with obstruction.
285
00:13:46,960 --> 00:13:48,827
You don't really want
286
00:13:48,829 --> 00:13:51,429
to go to jail
for Chris, do you?
287
00:13:52,966 --> 00:13:54,866
Okay.
288
00:13:57,370 --> 00:13:59,470
Chris did hit me once.
289
00:14:01,274 --> 00:14:03,908
But it was a long time ago.
290
00:14:03,910 --> 00:14:06,411
He...
291
00:14:06,413 --> 00:14:09,013
he found out I was cheating.
292
00:14:09,015 --> 00:14:10,982
With who?
293
00:14:12,419 --> 00:14:13,952
My boss.
294
00:14:13,954 --> 00:14:15,320
Your current boss,
295
00:14:15,322 --> 00:14:16,588
Mr. Alcott?
296
00:14:18,959 --> 00:14:20,925
It was his baby.
297
00:14:22,095 --> 00:14:24,128
Chris didn't
know that.
298
00:14:24,130 --> 00:14:27,398
Chris thought he was the father.
299
00:14:27,400 --> 00:14:31,035
Was Mr. Alcott in the office
on Tuesday night?
300
00:14:32,405 --> 00:14:35,473
Yeah. He left
ten minutes before I did.
301
00:14:39,412 --> 00:14:41,346
I'm sorry about the mess.
302
00:14:41,348 --> 00:14:43,581
It's been 15-hour days
since November
303
00:14:43,583 --> 00:14:45,383
with the takeover.
304
00:14:45,385 --> 00:14:48,386
Amy said you were with her
the night of the attack.
305
00:14:48,388 --> 00:14:50,021
Yeah.
306
00:14:50,023 --> 00:14:52,023
I heard about the baby.
307
00:14:52,025 --> 00:14:53,558
Look, I, uh,
feel responsible.
308
00:14:53,560 --> 00:14:56,327
I'd kept her here
late that night.
309
00:14:56,329 --> 00:14:59,364
We had to be at the
printer at 8:00 a.m.
310
00:14:59,366 --> 00:15:03,334
I had the temp send her flowers.
311
00:15:03,336 --> 00:15:05,436
What time did you leave?
312
00:15:05,438 --> 00:15:08,006
Oh, must have been
about a quarter of 1:00.
313
00:15:08,008 --> 00:15:10,308
I asked her to finish typing
314
00:15:10,309 --> 00:15:12,609
an opinion letter
and fax it to our
clients in Houston.
315
00:15:12,612 --> 00:15:15,613
I just told her
she could go home.
316
00:15:15,615 --> 00:15:19,550
I knew she liked to walk,
but, you know, at that hour...
317
00:15:19,552 --> 00:15:21,586
See anybody hanging around
outside the building?
318
00:15:21,588 --> 00:15:24,422
No, sorry. Grabbed a cab,
went off to my club.
319
00:15:24,424 --> 00:15:26,057
At 1:00 in the morning?
320
00:15:26,059 --> 00:15:27,625
I live in Mamaroneck.
321
00:15:27,627 --> 00:15:30,061
If I were to go home,
I'd just have to
322
00:15:30,063 --> 00:15:33,064
hop right back on the train and
come back to the city.
323
00:15:33,066 --> 00:15:36,000
I always stay at the club
when I'm forced to work late.
324
00:15:36,002 --> 00:15:37,468
Is that often?
325
00:15:37,470 --> 00:15:39,504
Law isn't 9:00 to 5:00.
326
00:15:39,506 --> 00:15:44,475
So your relationship with Amy
was purely professional, right?
327
00:15:44,477 --> 00:15:47,478
My wife was Summa at Bryn Mawr.
328
00:15:47,480 --> 00:15:49,681
Amy is a sweet young girl.
329
00:15:49,683 --> 00:15:51,549
She's not my type.
330
00:15:57,390 --> 00:16:00,158
CERRETA:
So this is the place
for the other woman, huh?
331
00:16:00,160 --> 00:16:02,160
BARTENDER:
Members have their own rules.
332
00:16:02,162 --> 00:16:04,963
Wives--
they take to the Yale Club
333
00:16:04,965 --> 00:16:06,164
Knickerbocker--
334
00:16:06,166 --> 00:16:08,533
but here, it's strictly
extracurricular.
335
00:16:08,535 --> 00:16:10,468
What about Mr. Alcott?
336
00:16:10,470 --> 00:16:12,136
Nice guy.
337
00:16:12,138 --> 00:16:14,172
Drinks Johnny black,
straight up.
338
00:16:14,174 --> 00:16:15,707
Does he drink it alone?
339
00:16:15,709 --> 00:16:22,080
Look, last year I picked up
an extra ten grand in stock tips
340
00:16:22,082 --> 00:16:24,048
in a down market.
341
00:16:24,050 --> 00:16:26,751
keeping quiet.
A big part of the job's
342
00:16:26,753 --> 00:16:28,152
Yeah, right.
343
00:16:28,154 --> 00:16:30,655
I can get very long-winded
344
00:16:30,657 --> 00:16:33,424
when I pull people in
for questioning.
345
00:16:33,426 --> 00:16:35,059
Sometimes it can go
346
00:16:35,061 --> 00:16:37,428
into the middle
of the evening.
347
00:16:37,430 --> 00:16:40,598
And then if I don't happen
to tell my partner
348
00:16:40,600 --> 00:16:43,001
what I asked you,
that could go... what..?
349
00:16:43,003 --> 00:16:46,104
At least another day.
Oh, yeah.
350
00:16:46,106 --> 00:16:48,473
All right.
351
00:16:48,475 --> 00:16:49,741
Off the record...
352
00:16:51,044 --> 00:16:52,276
Yeah.
353
00:16:52,278 --> 00:16:55,213
Alcott has a good time
now and then.
354
00:16:55,215 --> 00:16:56,647
Ah.
355
00:16:58,118 --> 00:16:59,617
With her?
356
00:16:59,619 --> 00:17:02,153
Yeah.
357
00:17:02,155 --> 00:17:04,055
Miss Meyers and tonic.
358
00:17:04,057 --> 00:17:06,290
Tuesday night--
was he here?
359
00:17:06,292 --> 00:17:08,026
Came in around 1:00.
360
00:17:08,028 --> 00:17:11,629
I'm supposed to close the place,
but what the hell?
361
00:17:11,631 --> 00:17:14,699
He's a regular. Belted down a
couple, hit the rooms upstairs.
362
00:17:16,302 --> 00:17:18,069
Chris isn't my type.
363
00:17:18,071 --> 00:17:20,304
A little too rough
around the edges.
364
00:17:20,306 --> 00:17:23,574
But Amy must have seen
something in him.
365
00:17:23,576 --> 00:17:25,076
They get along?
366
00:17:25,078 --> 00:17:27,078
Used to be pretty rocky.
367
00:17:27,080 --> 00:17:30,081
When Amy got pregnant,
Chris was all lovey-dovey.
368
00:17:30,083 --> 00:17:32,083
What about her boss,
Alcott?
369
00:17:33,319 --> 00:17:34,685
Well, a lawyer.
370
00:17:34,687 --> 00:17:36,254
Enough said.
371
00:17:36,256 --> 00:17:39,057
Amy told us she was seeing him.
372
00:17:39,059 --> 00:17:40,825
She said the baby was his.
373
00:17:40,827 --> 00:17:42,593
Set up an appointment for her
374
00:17:42,595 --> 00:17:45,196
at some fancy Park Avenue
ob-gyn.
375
00:17:45,198 --> 00:17:48,166
He was going to pay
for the whole thing
376
00:17:48,168 --> 00:17:51,202
and send her on a cruise
off to St. Thomas-- real sport.
377
00:17:51,204 --> 00:17:52,770
But she didn't want
an abortion, right?
378
00:17:52,772 --> 00:17:55,306
She didn't want to
go through with it.
379
00:17:55,308 --> 00:17:57,241
Alcott exploded.
The door was closed,
380
00:17:57,243 --> 00:17:59,143
but you
could hear him down the hall.
381
00:18:05,151 --> 00:18:08,086
What now? The security guard
saw us together?
382
00:18:08,088 --> 00:18:10,321
Actually, the bartender
at your club.
383
00:18:10,323 --> 00:18:12,757
I told you-- when
I work late at the office
384
00:18:12,759 --> 00:18:14,759
I spend
the night at the club.
385
00:18:14,761 --> 00:18:16,761
Sometimes Amy brings me papers
from the office.
386
00:18:16,763 --> 00:18:18,863
I bought her a drink.
That doesn't mean we're lovers
387
00:18:18,865 --> 00:18:21,165
and it certainly doesn't mean
that I beat her up.
388
00:18:21,167 --> 00:18:23,534
She says she was carrying
your baby.
389
00:18:23,536 --> 00:18:25,536
She's very convincing.
390
00:18:25,538 --> 00:18:28,639
Yeah? Well, my daughter swears
there's a Tooth Fairy
391
00:18:28,641 --> 00:18:31,142
but that doesn't make it so.
392
00:18:32,879 --> 00:18:37,715
I have clients waiting.
If you don't mind.
393
00:18:42,355 --> 00:18:45,656
Of course he denied it.
394
00:18:45,658 --> 00:18:49,293
I've been a legal secretary
for four years.
395
00:18:49,295 --> 00:18:51,295
They're all risk-adverse.
396
00:18:51,297 --> 00:18:56,200
to submit to a blood test?
You ever ask him
397
00:18:56,202 --> 00:18:59,203
He never questioned
that it was his baby.
398
00:18:59,205 --> 00:19:02,273
At this point he denies
ever having slept with you.
399
00:19:02,275 --> 00:19:05,877
Unfortunately, it comes down
to your word against his.
400
00:19:05,879 --> 00:19:08,146
How appropriate.
401
00:19:16,890 --> 00:19:18,890
He loved to dictate.
402
00:19:18,892 --> 00:19:21,626
The law wasn't the only thing
403
00:19:21,628 --> 00:19:23,327
on his mind.
404
00:19:25,832 --> 00:19:31,235
I thought I might need it
sometime for protection.
405
00:19:34,207 --> 00:19:36,707
With the marital deduction trust
ALCOTT:
406
00:19:36,709 --> 00:19:39,343
to the next generation
the after-tax savings
407
00:19:39,345 --> 00:19:41,279
will be $280,000.
408
00:19:41,281 --> 00:19:44,315
in the shower.
I love to see you naked
409
00:19:44,317 --> 00:19:45,416
Slut.
410
00:19:48,354 --> 00:19:52,190
She's the one who wanted me
to make that tape, you know.
411
00:19:52,192 --> 00:19:54,825
She asked me to do it,
said it made her hot.
412
00:19:54,827 --> 00:19:56,694
Doesn't sound
like she's the only one.
413
00:19:56,696 --> 00:19:58,196
Come on, it was a Christmas
party.
414
00:19:58,198 --> 00:20:00,231
It was the first one I'd
been to in years.
415
00:20:00,233 --> 00:20:01,866
I had a little too much
to drink.
416
00:20:01,868 --> 00:20:03,334
And she was your present?
417
00:20:03,336 --> 00:20:06,737
All right, so I slept with her.
418
00:20:06,739 --> 00:20:08,839
It's been five or six months.
419
00:20:08,841 --> 00:20:10,474
Once she got pregnant?
420
00:20:10,476 --> 00:20:12,476
I put on the brakes
once she got pregnant.
421
00:20:12,478 --> 00:20:15,213
I begged her
to get an abortion.
422
00:20:15,215 --> 00:20:16,948
So it was your baby?
423
00:20:16,950 --> 00:20:19,850
She said she'd stopped sleeping
with her boyfriend.
424
00:20:19,852 --> 00:20:21,352
You believe that?
425
00:20:21,354 --> 00:20:23,754
It's a 50-50 shot.
What am I gonna do?!
426
00:20:23,756 --> 00:20:27,725
I can't afford a paternity suit.
I said I'd help her out
427
00:20:27,727 --> 00:20:29,660
financially--
I could live with that.
428
00:20:29,662 --> 00:20:30,895
True or false--
429
00:20:30,897 --> 00:20:33,364
your life is much easier
if she miscarries?
430
00:20:33,366 --> 00:20:35,233
Hold on now.
431
00:20:35,235 --> 00:20:38,336
No, the boyfriend knew
that she was sleeping around.
432
00:20:38,338 --> 00:20:39,904
He probably did it.
433
00:20:39,906 --> 00:20:43,841
She's lucky
he didn't have a shotgun.
434
00:20:43,843 --> 00:20:48,012
Yes, Chris knew
it was David's baby.
435
00:20:48,014 --> 00:20:51,382
Yeah, so how did he react
when he found out?
436
00:20:51,384 --> 00:20:54,885
He was mad, but...
437
00:20:54,887 --> 00:20:57,955
he didn't hit me.
438
00:20:57,957 --> 00:20:59,423
He didn't do this.
439
00:20:59,425 --> 00:21:01,792
Listen, you been
jerking us around
440
00:21:01,794 --> 00:21:02,860
since day one.
441
00:21:05,898 --> 00:21:09,433
Look... Chris thought
442
00:21:09,435 --> 00:21:11,269
this baby
443
00:21:11,271 --> 00:21:12,737
would make us rich.
444
00:21:12,739 --> 00:21:16,374
He said Alcott would have to pay
for his mistake.
445
00:21:16,376 --> 00:21:19,343
Are you telling us
you blackmailed Alcott?
446
00:21:19,345 --> 00:21:23,814
I didn't want to do it at first,
but Chris said I was entitled.
447
00:21:23,816 --> 00:21:25,016
And did he pay?
448
00:21:25,018 --> 00:21:27,818
$2,000.
449
00:21:27,820 --> 00:21:29,287
We figured
450
00:21:29,289 --> 00:21:31,355
it was like
a security blanket
451
00:21:31,357 --> 00:21:33,324
in case he tried
to fire me.
452
00:21:33,326 --> 00:21:34,725
But Chris kept saying
453
00:21:34,727 --> 00:21:36,961
that this baby
was our meal ticket.
454
00:21:36,963 --> 00:21:38,029
And he was sure
455
00:21:38,031 --> 00:21:40,331
that Alcott
would pay big money
456
00:21:40,333 --> 00:21:42,817
to keep us quiet.
457
00:21:42,818 --> 00:21:45,302
I didn't say anything
before because...
458
00:21:45,305 --> 00:21:48,372
will we have to go to jail?
459
00:21:50,877 --> 00:21:52,476
They're a couple of hayseeds
who thought
460
00:21:52,478 --> 00:21:54,078
they'd squeeze Alcott
for the big bucks.
461
00:21:54,080 --> 00:21:55,980
Alcott had a lot to lose--
462
00:21:55,982 --> 00:21:57,432
money, wife, kids...
463
00:21:57,433 --> 00:21:58,883
Partnership...
CRAGEN:
The other secretary?
464
00:21:58,885 --> 00:22:00,234
Beverly Kern.
465
00:22:00,235 --> 00:22:01,584
...said he has one hell
of a temper.
466
00:22:01,587 --> 00:22:03,270
Alcott left the office
467
00:22:03,271 --> 00:22:04,954
knowing Amy would be down
in a few minutes.
468
00:22:04,957 --> 00:22:06,590
He knew her route home.
469
00:22:06,592 --> 00:22:09,327
He waited in the alley,
and bingo.
470
00:22:09,329 --> 00:22:10,995
Witnesses?
471
00:22:10,997 --> 00:22:12,463
One. Reported the attack,
disappeared.
472
00:22:12,465 --> 00:22:14,465
and opportunity.
So you got motive
473
00:22:14,467 --> 00:22:16,467
It's all circumstantial.
474
00:22:16,469 --> 00:22:18,469
Come on, Paul--
the guy's a lawyer.
475
00:22:18,471 --> 00:22:21,472
He's going to be talking deal
before we slap the cuffs on him.
476
00:22:21,474 --> 00:22:22,873
I'd hock the house on it.
477
00:22:22,875 --> 00:22:24,825
Assault's a possibility.
478
00:22:24,826 --> 00:22:26,776
Murder may still be a stretch
with the 24-week statute.
479
00:22:26,779 --> 00:22:28,813
I'm game if you are.
480
00:22:34,821 --> 00:22:36,020
Go.
481
00:22:42,862 --> 00:22:45,129
Excuse me.
You just can't walk in
482
00:22:45,131 --> 00:22:46,797
without
an appointment...
483
00:22:46,799 --> 00:22:48,966
David Alcott, you are under
arrest for the murder
484
00:22:48,968 --> 00:22:51,369
of the unborn son
of Amy Newhouse.
485
00:22:51,371 --> 00:22:52,503
You have the right
486
00:22:52,505 --> 00:22:54,255
to remain silent.
487
00:22:54,256 --> 00:22:56,006
If you choose to not exercise
that right, anything you say
488
00:22:56,008 --> 00:22:57,608
can and will be
used against you in
489
00:22:57,610 --> 00:22:59,577
a court of law.
You have the right to...
490
00:23:02,148 --> 00:23:05,149
BAILIFF:
Docket
People v. David M. Alcott.
491
00:23:05,151 --> 00:23:07,418
The charges are murder
in the second degree
492
00:23:07,420 --> 00:23:08,753
assault in the first degree.
493
00:23:08,754 --> 00:23:10,087
JUDGE:
How does the defendant plead?
494
00:23:10,089 --> 00:23:11,622
This is absurd,
Your Honor.
These char...
495
00:23:11,624 --> 00:23:14,458
This is not
a board room,
Mr. Alcott.
496
00:23:14,460 --> 00:23:17,094
plan to enter a plea?
Mr. Manley, does your client
497
00:23:17,096 --> 00:23:19,563
Not guilty, Your Honor.
498
00:23:19,565 --> 00:23:20,598
Applications.
499
00:23:20,600 --> 00:23:22,833
$250,000 bail, Your Honor.
500
00:23:22,835 --> 00:23:24,168
What?
501
00:23:24,170 --> 00:23:25,703
That is unconscionable.
502
00:23:25,705 --> 00:23:27,738
My client is
an esteemed bar member.
503
00:23:27,740 --> 00:23:29,573
Aren't we all, Mr. Manley?
504
00:23:29,575 --> 00:23:33,611
It would be court-sanctioned
extortion, Your Honor.
505
00:23:33,613 --> 00:23:35,713
The people's case
hardly rises
506
00:23:35,715 --> 00:23:37,515
to the level of frivolity.
507
00:23:37,517 --> 00:23:40,518
Your regard for our
judicial system is admirable.
508
00:23:40,520 --> 00:23:43,487
The bail is set at $100,000.
509
00:23:43,489 --> 00:23:44,822
No way is it murder.
510
00:23:44,824 --> 00:23:46,824
I just talked with Alcott.
511
00:23:46,826 --> 00:23:48,492
You can read minds?
512
00:23:48,494 --> 00:23:50,494
I can read a calendar.
513
00:23:50,496 --> 00:23:52,730
The first time
they slept together?
514
00:23:52,732 --> 00:23:54,198
The Christmas party.
515
00:23:54,200 --> 00:23:56,133
That's 20 weeks
before the attack.
516
00:23:56,135 --> 00:23:58,068
Good theory.
Only she says they started
517
00:23:58,070 --> 00:23:59,737
sleeping together
in early December.
518
00:23:59,739 --> 00:24:01,739
Who do you think
the jury will believe?
519
00:24:01,741 --> 00:24:05,509
Come on!
No witnesses. No evidence.
520
00:24:05,511 --> 00:24:07,111
Even assault is a stretch.
521
00:24:07,113 --> 00:24:09,513
Do everyone a favor.
522
00:24:09,515 --> 00:24:10,514
Menacing.
523
00:24:10,516 --> 00:24:12,616
Under the carpet,
quick and easy.
524
00:24:12,618 --> 00:24:13,784
No time.
525
00:24:13,786 --> 00:24:15,486
A "B" misdemeanor?
Yeah.
526
00:24:15,488 --> 00:24:16,487
Try man one.
527
00:24:16,489 --> 00:24:17,822
He attacked her with intent.
528
00:24:17,824 --> 00:24:19,490
He is innocent, Paul.
529
00:24:19,492 --> 00:24:20,491
Come on.
530
00:24:20,493 --> 00:24:21,725
He has a family
531
00:24:21,727 --> 00:24:23,494
a reputation.
532
00:24:23,496 --> 00:24:26,497
Fine. Tell his family
they get visiting days.
533
00:24:26,499 --> 00:24:28,799
I need Chris and Amy
to convict Alcott.
534
00:24:28,801 --> 00:24:31,802
Why not plead him down
to petty larceny?
535
00:24:31,804 --> 00:24:32,803
Probation.
536
00:24:32,805 --> 00:24:33,871
From extortion?
537
00:24:33,873 --> 00:24:35,873
Already admitted
to blackmailing him.
538
00:24:35,875 --> 00:24:37,141
They're kids, Adam.
539
00:24:37,143 --> 00:24:39,109
A jury will acquit
on sympathy alone.
540
00:24:39,111 --> 00:24:41,111
Even with them,
it's rough sailing.
541
00:24:41,113 --> 00:24:42,646
No physical evidence.
542
00:24:42,648 --> 00:24:45,616
The only eyewitness
vanished.
543
00:24:45,618 --> 00:24:47,084
Alcott's going
into that courtroom
544
00:24:47,086 --> 00:24:48,619
with a suitcase of respect.
545
00:24:48,621 --> 00:24:50,187
That's no defense.
546
00:24:50,189 --> 00:24:51,622
That's reasonable doubt.
547
00:24:51,624 --> 00:24:54,525
Maybe if you want
to make an assault case
548
00:24:54,527 --> 00:24:55,559
but murder...
549
00:24:55,561 --> 00:24:56,894
The statute says 24 weeks.
550
00:24:56,896 --> 00:24:58,496
Manley's got an expert.
551
00:24:58,498 --> 00:24:59,797
He's got his expert.
552
00:24:59,799 --> 00:25:01,198
I've got mine.
553
00:25:01,200 --> 00:25:03,601
You pay enough,
they'll say anything.
554
00:25:05,104 --> 00:25:07,104
AMY:
Chris worked nights.
555
00:25:07,106 --> 00:25:09,507
I worked days.
556
00:25:09,509 --> 00:25:11,208
I was lonely.
557
00:25:11,210 --> 00:25:13,210
David didn't force me.
558
00:25:13,212 --> 00:25:15,679
I wanted to go.
559
00:25:15,681 --> 00:25:18,215
When did you first start
sleeping with Mr. Alcott?
560
00:25:18,217 --> 00:25:19,750
I don't know.
561
00:25:19,752 --> 00:25:22,653
We started working late
on a takeover deal.
562
00:25:22,655 --> 00:25:25,189
It must have been
early December.
563
00:25:27,226 --> 00:25:30,227
And how long
had this been going on?
564
00:25:30,229 --> 00:25:32,196
Maybe a month.
565
00:25:32,198 --> 00:25:33,697
Until I got pregnant.
566
00:25:33,699 --> 00:25:36,233
STONE:
What happened
when you got pregnant?
567
00:25:36,235 --> 00:25:39,970
He told me
I had to get an abortion.
568
00:25:39,972 --> 00:25:42,907
He told me it was
the right thing.
569
00:25:42,909 --> 00:25:45,809
What was your response to that?
570
00:25:47,179 --> 00:25:48,946
I couldn't do it.
571
00:25:48,948 --> 00:25:52,783
And how did Mr. Alcott
react to that?
572
00:25:52,785 --> 00:25:55,786
He threatened to fire me.
573
00:25:55,788 --> 00:26:01,692
But I told him that I would go
to the .
574
00:26:01,694 --> 00:26:05,162
In other words, you thought you
would blackmail the defendant.
575
00:26:05,164 --> 00:26:06,263
He owed us.
576
00:26:06,265 --> 00:26:07,798
He got her pregnant.
577
00:26:07,800 --> 00:26:08,899
He should pay.
578
00:26:08,901 --> 00:26:10,267
What should he pay?
579
00:26:10,269 --> 00:26:11,669
He gave us 2,000.
580
00:26:11,671 --> 00:26:13,704
I told Amy to ask for ten.
581
00:26:13,706 --> 00:26:16,607
And what if he refused?
582
00:26:16,609 --> 00:26:17,942
We'd go to his wife
583
00:26:17,944 --> 00:26:20,611
and then we'd sue
the partnership
584
00:26:20,613 --> 00:26:21,912
for sex discrimination.
585
00:26:21,914 --> 00:26:23,614
He threw her out
of his office.
586
00:26:23,616 --> 00:26:24,915
What did you do?
587
00:26:24,917 --> 00:26:26,917
I went to see him.
588
00:26:26,919 --> 00:26:29,887
I said the price
went up to 20,000.
589
00:26:29,889 --> 00:26:33,724
He said it would be
a cold day in hell
590
00:26:33,726 --> 00:26:35,893
before some white trash
screwed up his life.
591
00:26:35,895 --> 00:26:39,296
He wouldn't give a nickel.
592
00:26:39,298 --> 00:26:42,032
I measured the
biparietal diameter
593
00:26:42,034 --> 00:26:44,201
and the femur lengths
of the fetus.
594
00:26:44,203 --> 00:26:45,803
Indicating what, Doctor?
595
00:26:45,805 --> 00:26:48,639
That the fetus was 25 weeks old.
596
00:26:48,641 --> 00:26:49,740
Thank you.
597
00:26:51,611 --> 00:26:56,647
There are several ways of
determining the age of a fetus.
598
00:26:56,649 --> 00:26:58,649
Isn't that true, Dr. Mishon?
599
00:26:58,651 --> 00:27:01,752
B.P.D. measurements can be
taken interuterally by sonogram
600
00:27:01,754 --> 00:27:04,054
or in a post-rejection
fetus autopsy.
601
00:27:04,056 --> 00:27:06,357
When did you take
these measurements?
602
00:27:06,359 --> 00:27:07,891
In an autopsy.
603
00:27:07,893 --> 00:27:10,294
That certainly is
the more accurate
604
00:27:10,296 --> 00:27:11,295
of the methods.
605
00:27:11,297 --> 00:27:12,329
Ah.
606
00:27:12,331 --> 00:27:15,766
And what is the margin of error
607
00:27:15,768 --> 00:27:19,803
for post-rejection
B.P.D. measurements?
608
00:27:19,805 --> 00:27:22,806
Well, that can vary
with the equipment and...
609
00:27:22,808 --> 00:27:25,676
What is the accepted margin
of error?
610
00:27:25,678 --> 00:27:28,812
Plus or minus
two to three weeks.
611
00:27:28,814 --> 00:27:30,347
So...
612
00:27:30,349 --> 00:27:35,386
Ms. Newhouse's fetus
could have been 22 weeks old.
613
00:27:35,388 --> 00:27:37,688
Isn't that correct?
614
00:27:37,690 --> 00:27:40,257
Yes.
615
00:27:40,259 --> 00:27:42,426
Thank you, Doctor.
616
00:27:42,428 --> 00:27:44,428
Your Honor,
considering the fact
617
00:27:44,430 --> 00:27:48,432
that not even the prosecution's
expert can say with confidence
618
00:27:48,434 --> 00:27:51,969
is at least 24 weeks of age
that the fetus in question
619
00:27:51,971 --> 00:27:54,405
I move that the charge
620
00:27:54,407 --> 00:27:58,442
of murder in the second degree
be dismissed immediately.
621
00:27:58,444 --> 00:28:01,111
Your Honor, Dr. Mishon
has testified...
622
00:28:01,113 --> 00:28:03,013
In my chambers, gentlemen.
623
00:28:03,015 --> 00:28:07,017
Mr. Stone knows he should not
have brought those charges.
624
00:28:07,019 --> 00:28:09,853
It's obvious he's
only trying to back in
625
00:28:09,855 --> 00:28:11,989
to the lesser-charged felony.
626
00:28:11,991 --> 00:28:13,991
He should have raised this issue
in pretrial motions.
627
00:28:13,993 --> 00:28:16,711
Oh, be serious, Ben.
628
00:28:16,712 --> 00:28:19,430
I can parade a dozen experts
through that courtroom.
629
00:28:19,432 --> 00:28:22,766
You only tacked on murder
to outrage the jury.
630
00:28:22,768 --> 00:28:25,836
Now they'd convict him
for killing J.F.K.
631
00:28:25,838 --> 00:28:27,838
for God's sakes.
The age of the fetus
632
00:28:27,840 --> 00:28:31,008
is a question of fact
for the jury.
633
00:28:31,010 --> 00:28:33,110
of law for me.
it's a question
No, Mr. Stone,
634
00:28:33,112 --> 00:28:37,815
The defendant's motion
is granted.
635
00:28:38,951 --> 00:28:41,418
There's nothing we can do?
636
00:28:41,420 --> 00:28:42,953
The statute is clear.
637
00:28:42,955 --> 00:28:44,855
But medical science,
unfortunately, is not.
638
00:28:44,857 --> 00:28:47,858
You mean if it happened
two weeks later
639
00:28:47,860 --> 00:28:49,460
he'd go to jail?
640
00:28:49,462 --> 00:28:51,462
The assault charges
weren't dismissed.
641
00:28:51,464 --> 00:28:53,764
He can serve
five to 15.
642
00:28:53,766 --> 00:28:56,033
Five years for a life?
643
00:28:56,035 --> 00:28:58,135
We heard the heart beat.
644
00:28:58,137 --> 00:28:59,803
We felt the kicks.
645
00:28:59,805 --> 00:29:01,939
I'm sorry, Amy.
646
00:29:04,744 --> 00:29:07,044
Manley's smart.
647
00:29:07,045 --> 00:29:09,345
Get an assault conviction,
and he claims any evidence
648
00:29:09,348 --> 00:29:11,782
relating to the loss of the
fetus was improper.
649
00:29:11,784 --> 00:29:14,384
ROBINETTE:
That's why he didn't object
650
00:29:14,386 --> 00:29:16,787
to the charge prior to trial.
651
00:29:16,789 --> 00:29:19,790
If it's a mistrial,
Alcott walks away untouched.
652
00:29:19,792 --> 00:29:21,492
( phone rings )
653
00:29:24,463 --> 00:29:26,063
Yes?
654
00:29:26,065 --> 00:29:28,766
Thank you.
655
00:29:29,835 --> 00:29:31,168
Not quite untouched.
656
00:29:31,170 --> 00:29:33,170
Chris and Amy just filed
657
00:29:33,172 --> 00:29:35,172
a $10-million lawsuit
against Alcott.
658
00:29:35,174 --> 00:29:37,174
Retained council,
Jacob Bloom.
659
00:29:37,176 --> 00:29:39,209
The King of Torts?
660
00:29:39,211 --> 00:29:43,847
The Prince of Darkness.
661
00:29:43,849 --> 00:29:45,182
The woman miscarried.
662
00:29:45,184 --> 00:29:47,151
We're talking
major league suffering.
663
00:29:47,153 --> 00:29:50,053
Not to mention the lifetime
earnings potential
664
00:29:50,055 --> 00:29:51,955
of a healthy white male.
665
00:29:51,957 --> 00:29:53,791
You win the criminal side.
666
00:29:53,793 --> 00:29:55,092
Cuts my work in half.
667
00:29:55,094 --> 00:29:56,544
I'm rooting for you.
668
00:29:56,545 --> 00:29:57,995
Mr. Alcott
is bucking
669
00:29:57,997 --> 00:30:00,030
for a mistrial.
670
00:30:00,031 --> 00:30:02,064
This kind of publicity
won't hurt his cause.
671
00:30:02,067 --> 00:30:04,001
You've got
no limitations problem.
672
00:30:04,003 --> 00:30:05,502
You could have waited.
673
00:30:05,504 --> 00:30:07,905
Is this jealousy I'm hearing?
674
00:30:07,907 --> 00:30:09,890
It's nausea.
675
00:30:09,891 --> 00:30:11,874
Ambulance-chasing
brings that out in me.
676
00:30:11,877 --> 00:30:15,212
Whoa, better check
your playbill, Mr. Robinette.
677
00:30:15,214 --> 00:30:16,980
Your friends came to me
678
00:30:16,982 --> 00:30:20,050
the day after she got out
of the hospital.
679
00:30:23,022 --> 00:30:24,588
I had a hell of a time
680
00:30:24,590 --> 00:30:29,893
convincing her to wait
for the criminal case to begin.
681
00:30:29,895 --> 00:30:32,863
That was a pretty short
period of mourning.
682
00:30:32,865 --> 00:30:34,865
When my secretary's cat
died
683
00:30:34,867 --> 00:30:37,201
she took a week off
from work.
684
00:30:37,203 --> 00:30:38,869
A million-dollar damages.
685
00:30:38,871 --> 00:30:41,205
It's the American dream,
I guess
686
00:30:41,207 --> 00:30:45,008
but some people will make it
any way they can.
687
00:30:45,010 --> 00:30:48,145
There's always the chance
that she's suing on principle.
688
00:30:48,147 --> 00:30:51,148
What do we know
about Amy Newhouse anyway?
689
00:30:51,150 --> 00:30:53,851
Some firms
have switched to H.M.O.s
690
00:30:53,853 --> 00:30:56,854
but we still stand by your
basic health coverage.
691
00:30:56,856 --> 00:30:58,155
So checkups aren't covered?
692
00:30:58,157 --> 00:31:00,591
Not unless
they find something wrong.
693
00:31:00,593 --> 00:31:03,627
Here we go... Amy Newhouse
put in a claim February 3.
694
00:31:03,629 --> 00:31:06,597
The company reimbursed
her on the 18th.
695
00:31:06,599 --> 00:31:08,131
There was something wrong?
696
00:31:08,133 --> 00:31:11,068
Well, for most people,
pregnancy is a blessing.
697
00:31:11,070 --> 00:31:13,570
Insurance companies
call it a disability.
698
00:31:13,572 --> 00:31:16,573
Do you have
her doctor's name?
699
00:31:16,575 --> 00:31:17,574
Bernard Gluck.
700
00:31:17,576 --> 00:31:19,142
36th and 3rd.
701
00:31:21,580 --> 00:31:22,980
Amy Newhouse.
702
00:31:25,050 --> 00:31:26,516
Healthy young girl.
703
00:31:26,518 --> 00:31:28,051
Everything was fine.
704
00:31:28,053 --> 00:31:31,021
On February 3,
you told her she was pregnant?
705
00:31:31,023 --> 00:31:32,990
That was the checkup.
706
00:31:32,991 --> 00:31:34,958
I told her she was pregnant
back in December-- the 19th.
707
00:31:34,960 --> 00:31:38,929
That boyfriend of hers--
he nearly jumped for joy.
708
00:31:38,931 --> 00:31:40,631
I haven't seen her since.
How's she doing?
709
00:31:40,633 --> 00:31:42,900
Not too well.
710
00:31:44,136 --> 00:31:46,637
Letter read Barsky family trust.
ALCOTT:
711
00:31:46,639 --> 00:31:48,639
As per my prior communication
712
00:31:48,641 --> 00:31:51,642
will benefit two generations
the tax savings
713
00:31:51,644 --> 00:31:55,178
of the generation-skipping tax.
without running afoul
714
00:31:55,180 --> 00:31:57,080
Last night was spectacular.
715
00:31:57,082 --> 00:31:58,081
You were right.
716
00:31:58,083 --> 00:31:59,549
It was worth the wait.
717
00:31:59,551 --> 00:32:01,618
Better than I ever imagined.
718
00:32:01,620 --> 00:32:03,620
The first sight of you naked...
719
00:32:03,622 --> 00:32:04,988
( stops tape )
720
00:32:04,990 --> 00:32:07,624
So, what? We admit it;
he had the affair.
721
00:32:07,626 --> 00:32:10,294
It sounds like you dictated
that letter
722
00:32:10,296 --> 00:32:13,163
the day after
your first night with Amy.
723
00:32:13,165 --> 00:32:14,631
There is a point to this?
724
00:32:14,633 --> 00:32:17,167
It was dated
the 23rd of December.
725
00:32:17,169 --> 00:32:19,970
The day after
the Christmas party.
726
00:32:19,972 --> 00:32:22,639
How many times do I have
to tell you?
727
00:32:22,641 --> 00:32:24,708
I told you she was lying.
728
00:32:24,710 --> 00:32:27,210
There is no way
the baby was 24 weeks.
729
00:32:27,212 --> 00:32:30,113
You made me jump through hoops
for nothing.
730
00:32:30,115 --> 00:32:33,183
Save the theatrics, Jerry.
The murder charges
were dismissed.
731
00:32:33,185 --> 00:32:35,202
The point is her doctor
732
00:32:35,203 --> 00:32:37,220
says she was already pregnant
on the 19th of December.
733
00:32:37,222 --> 00:32:38,322
That little...
734
00:32:38,324 --> 00:32:41,124
I want
this case dropped immediately
735
00:32:41,126 --> 00:32:43,260
and I want a public apology.
736
00:32:43,262 --> 00:32:46,163
So the baby
couldn't have been mine.
737
00:32:50,035 --> 00:32:52,669
They knew all along
Chris was the father.
738
00:32:52,671 --> 00:32:55,005
They set Alcott up
for blackmail.
739
00:32:55,007 --> 00:32:56,573
Doesn't affect his guilt.
What's important is
740
00:32:56,575 --> 00:32:58,442
that he thought
the baby was his.
741
00:32:58,444 --> 00:33:02,079
The creeps manipulate
this office, the police,
Alcott from the start.
742
00:33:02,081 --> 00:33:03,747
All right,
they're liars.
743
00:33:03,749 --> 00:33:06,116
Doesn't make them killers.
744
00:33:06,118 --> 00:33:08,251
Maybe the blackmail
was camouflage.
745
00:33:08,253 --> 00:33:09,987
Maybe their
ultimate goal
746
00:33:09,989 --> 00:33:11,989
is a civil suit.
747
00:33:11,990 --> 00:33:13,990
There may be more to Chris
than we originally thought.
748
00:33:13,993 --> 00:33:15,993
He practiced law in Wisconsin.
749
00:33:15,995 --> 00:33:18,028
And now
750
00:33:18,030 --> 00:33:19,663
he's driving a cab?
751
00:33:19,665 --> 00:33:22,032
Disbarred in '89.
752
00:33:22,034 --> 00:33:24,201
What are you going to do, Ben?
753
00:33:24,203 --> 00:33:26,636
Well, straightforward
won't work.
754
00:33:26,638 --> 00:33:28,739
We got to hit him
from behind.
755
00:33:28,741 --> 00:33:32,542
If the light at the end
of that tunnel was a civil suit
756
00:33:32,544 --> 00:33:34,277
why not seal up
the tunnel?
757
00:33:34,279 --> 00:33:36,546
Judge Burton
owes you a favor.
758
00:33:36,548 --> 00:33:37,547
Call one in.
759
00:33:37,549 --> 00:33:39,049
Get me a continuance.
760
00:33:39,051 --> 00:33:42,219
What the hell
is his wife's... Sally.
761
00:33:43,489 --> 00:33:47,090
Your husband may be guilty
of many things, Mrs. Alcott,
762
00:33:47,092 --> 00:33:49,493
but we're not convinced
one of them
763
00:33:49,495 --> 00:33:51,495
is attacking
a pregnant woman.
764
00:33:51,497 --> 00:33:53,563
You're not required
to help them.
765
00:33:53,565 --> 00:33:56,033
No, you're not, but I'm
sure your attorney
766
00:33:56,035 --> 00:33:59,803
has told you that cause
has no bearing on the
property distribution.
767
00:33:59,805 --> 00:34:01,805
In books, Mr. Robinette.
768
00:34:01,807 --> 00:34:04,574
In real life,
it goes a long way.
769
00:34:04,576 --> 00:34:06,243
You'll get your divorce.
770
00:34:06,245 --> 00:34:07,711
You'll get his money
771
00:34:07,713 --> 00:34:10,047
but the penalties for adultery
772
00:34:10,049 --> 00:34:12,616
do not include
25 years behind bars.
773
00:34:12,618 --> 00:34:14,251
Maybe they should.
774
00:34:14,253 --> 00:34:17,254
Maybe then they would
keep their pants on.
775
00:34:17,256 --> 00:34:21,258
David will pay for this,
Mr. Robinette.
776
00:34:21,260 --> 00:34:22,526
Fine.
777
00:34:22,528 --> 00:34:25,296
If he goes to jail
778
00:34:25,297 --> 00:34:28,065
Chris and Amy's civil suit
against him is a sure winner
779
00:34:28,067 --> 00:34:31,168
and in that case
there will be a lot less
780
00:34:31,170 --> 00:34:34,304
to divide up
after the divorce.
781
00:34:34,306 --> 00:34:36,773
What are you proposing?
782
00:34:36,775 --> 00:34:39,109
I'm sure it doesn't
surprise you
783
00:34:39,111 --> 00:34:42,079
that Mrs. Alcott has commenced
a divorce proceeding
784
00:34:42,081 --> 00:34:43,346
against her husband.
785
00:34:43,348 --> 00:34:45,832
You want Amy
to testify?
786
00:34:45,833 --> 00:34:48,317
As a matter of fact, no. I want
you to drop the civil suit.
787
00:34:49,755 --> 00:34:51,221
Why in the world would we...
788
00:34:51,223 --> 00:34:52,756
For a million dollars.
That's why.
789
00:34:52,758 --> 00:34:54,658
We're suing
for ten million.
790
00:34:54,659 --> 00:34:56,559
First of all, let me assure you
Mr. Alcott's net worth
791
00:34:56,562 --> 00:34:57,761
is barely $2,000,000
792
00:34:57,763 --> 00:35:00,730
half of which I'm claiming
for Mrs. Alcott
793
00:35:00,732 --> 00:35:02,299
in her divorce.
794
00:35:02,301 --> 00:35:04,234
Fraudulent conveyance.
795
00:35:04,236 --> 00:35:06,570
We'll recapture the funds.
796
00:35:06,572 --> 00:35:07,771
Very good, Chris,
797
00:35:07,773 --> 00:35:09,339
but I want
you to know
798
00:35:09,341 --> 00:35:11,108
I can tie up
his assets
799
00:35:11,110 --> 00:35:13,110
for years pending the divorce
settlement.
800
00:35:13,112 --> 00:35:16,279
I've got a restraining order
on his bank accounts.
801
00:35:16,281 --> 00:35:19,783
His partnership draw
is being garnished
802
00:35:19,785 --> 00:35:21,785
and tomorrow,
we start
803
00:35:21,787 --> 00:35:24,721
on maintenance
and child support.
804
00:35:24,723 --> 00:35:27,190
I wouldn't mess with me if I
were you, Chris.
805
00:35:27,192 --> 00:35:29,893
By the time you see a dime,
it won't be worth a nickel.
806
00:35:29,895 --> 00:35:31,795
And what's in it for you?
807
00:35:31,797 --> 00:35:33,797
Mrs. Alcott will drop
the divorce proceeding.
808
00:35:33,799 --> 00:35:36,399
I'll let the son of a bitch
rot in jail
809
00:35:36,401 --> 00:35:38,902
while I spend
whatever money he has left.
810
00:35:38,904 --> 00:35:42,205
LAWYER:
Take a million now.
811
00:35:42,207 --> 00:35:46,209
and everybody's happy.
Drop the civil suit
812
00:35:46,211 --> 00:35:49,312
It was hardly worth the trouble.
AMY:
813
00:35:49,314 --> 00:35:51,681
So much for suing on principle.
814
00:35:51,683 --> 00:35:54,284
These two are
unbelievable.
815
00:35:55,687 --> 00:35:59,289
LAWYER:
for you tomorrow.k
816
00:35:59,291 --> 00:36:04,594
and get out of here.
Let's just take the money
AMY:
817
00:36:04,596 --> 00:36:06,796
The grieving mother.
818
00:36:06,798 --> 00:36:08,665
Does that constitute proof?
819
00:36:08,667 --> 00:36:11,401
Couldn't they say
they got over it quickly?
820
00:36:11,403 --> 00:36:14,304
Chris was the father,
not Alcott.
821
00:36:14,306 --> 00:36:16,773
Chris and Amy knew that, but
made Alcott think it was his.
822
00:36:16,775 --> 00:36:18,825
In order
to blackmail him.
823
00:36:18,826 --> 00:36:20,876
In order to file a civil suit.
They weren't going for singles.
824
00:36:20,879 --> 00:36:23,780
These people were going for the
long ball-- extra bases.
825
00:36:23,782 --> 00:36:25,415
Staging this whole thing.
826
00:36:25,417 --> 00:36:27,250
That's a hell of a couple.
827
00:36:27,252 --> 00:36:31,321
So this whole thing was a scam--
the beating, the affair?
828
00:36:31,323 --> 00:36:32,455
My guess--
829
00:36:32,457 --> 00:36:34,257
Chris was the
anonymous caller.
830
00:36:34,259 --> 00:36:36,259
We need you
to break his alibi.
831
00:36:36,261 --> 00:36:38,662
You're the ex-cabby.
832
00:36:41,233 --> 00:36:42,332
Get me the book.
833
00:36:42,334 --> 00:36:43,867
For insurance purpose
834
00:36:43,869 --> 00:36:46,336
we check the odometer
of every cab
835
00:36:46,338 --> 00:36:48,838
when it comes in,
when it goes out.
836
00:36:48,840 --> 00:36:50,840
Every cab
every day, huh?
837
00:36:50,842 --> 00:36:52,676
You screw up
the insurance
838
00:36:52,678 --> 00:36:55,345
they take away
your medallion like that.
839
00:36:55,347 --> 00:36:57,881
Cab 34. Be my guest.
840
00:37:03,722 --> 00:37:05,889
Guess what. He's only half as
smart as we thought.
841
00:37:05,891 --> 00:37:08,692
The kid paid off the meter,
but he didn't know
842
00:37:08,694 --> 00:37:10,227
they check
the mileage every day.
843
00:37:10,229 --> 00:37:13,230
The only way he trekked out
to Kennedy Airport
844
00:37:13,232 --> 00:37:15,498
is if they moved it
to Times Square.
845
00:37:15,500 --> 00:37:17,467
The odometer's
40 miles short.
846
00:37:17,469 --> 00:37:19,469
Then so is his alibi.
847
00:37:19,471 --> 00:37:21,471
Read them
their rights.
848
00:37:21,473 --> 00:37:24,241
We've already pled them out
on blackmail.
849
00:37:24,243 --> 00:37:27,244
Experts cannot establish
the age of the fetus
850
00:37:27,246 --> 00:37:29,679
so murder's
out of the question, too.
851
00:37:29,681 --> 00:37:31,348
Is this
true or false--
852
00:37:31,350 --> 00:37:34,351
Amy and Chris intended
to cause a miscarriage.
853
00:37:34,353 --> 00:37:37,254
True, only what they did
wasn't a crime.
854
00:37:37,256 --> 00:37:39,022
But they didn't know that.
855
00:37:39,024 --> 00:37:41,424
Famous law school hypothetical.
856
00:37:41,426 --> 00:37:44,294
I shoot a bullet
into the heart of a man
857
00:37:44,296 --> 00:37:46,029
who appears to be sleeping
858
00:37:46,031 --> 00:37:48,331
only he wasn't
sleeping
859
00:37:48,333 --> 00:37:49,399
he was dead.
860
00:37:49,401 --> 00:37:50,467
Am I guilty?
861
00:37:50,469 --> 00:37:51,801
Not of murder.
862
00:37:51,803 --> 00:37:53,503
But I didn't know he
was already dead.
863
00:37:53,505 --> 00:37:55,939
I thought
I was committing a crime.
864
00:37:55,941 --> 00:37:58,441
Chris and Amy thought
they were committing a crime.
865
00:37:58,443 --> 00:38:00,877
So they had a guilty mind.
866
00:38:00,879 --> 00:38:03,446
If not for murder, for...?
867
00:38:03,448 --> 00:38:05,015
Attempted murder.
868
00:38:06,718 --> 00:38:08,818
Learn from your past
mistakes, Stone.
869
00:38:08,820 --> 00:38:10,820
The fetus wasn't legally alive,
870
00:38:10,822 --> 00:38:13,290
ergo you can't
make it legally dead,
871
00:38:13,292 --> 00:38:15,425
ergo you can't
convict on murder.
872
00:38:15,427 --> 00:38:18,495
No one is disagreeing
with you, Miss Bayliss,
873
00:38:18,497 --> 00:38:21,998
but if you read the indictment,
your clients are charged
with attempted murder.
874
00:38:22,000 --> 00:38:24,067
Same difference.
875
00:38:24,069 --> 00:38:26,019
I don't think so.
876
00:38:26,020 --> 00:38:27,970
A man buys a pound of sugar,
thinking it's heroin.
877
00:38:27,973 --> 00:38:30,974
We all know it's no crime to buy
a pound of sugar
878
00:38:30,976 --> 00:38:33,510
but Miss Bayliss, in every
jurisdiction in the country,
879
00:38:33,512 --> 00:38:36,446
the man is convicted
of attempted possession
of illegal narcotics.
880
00:38:36,448 --> 00:38:37,947
CHRIS:
Yes, Mr. Stone.
881
00:38:37,949 --> 00:38:41,551
But if your man knew
for a fact it was sugar
882
00:38:41,553 --> 00:38:43,520
he's as free as a bird.
883
00:38:43,522 --> 00:38:46,323
AMY:
I hate to spoil your fun,
Mr. Stone,
884
00:38:46,325 --> 00:38:49,859
but I assure you,
after three years of law school
885
00:38:49,861 --> 00:38:53,063
Chris knows how to read
a murder statute
886
00:38:53,065 --> 00:38:57,067
and I certainly knew
how long I'd been pregnant.
887
00:38:57,069 --> 00:38:59,102
She sat there and admitted
she killed her own baby.
888
00:38:59,104 --> 00:39:02,806
I swear her pulse didn't rise
above 60.
They knew both the age
889
00:39:02,808 --> 00:39:05,108
of the fetus and the law.
No murder, no attempt.
890
00:39:05,110 --> 00:39:08,812
They have proof?
She had an O.B. confirm
her home pregnancy test
891
00:39:08,814 --> 00:39:12,015
plus our young hero
Chris's statement that
he knew the statute.
892
00:39:12,017 --> 00:39:14,884
Are you telling me
that a woman that smart
893
00:39:14,886 --> 00:39:17,020
would willingly
sacrifice her body?
894
00:39:17,022 --> 00:39:18,588
That's hard to believe.
895
00:39:18,590 --> 00:39:19,789
Bed and brains
896
00:39:19,791 --> 00:39:21,458
are not mutually
exclusive.
897
00:39:21,460 --> 00:39:22,859
Maybe she was abused
898
00:39:22,861 --> 00:39:25,495
but she was part of this
from the start.
899
00:39:25,497 --> 00:39:28,965
If she couldn't form
the intent, if she was
acting under Chris's will?
900
00:39:28,967 --> 00:39:30,400
Well, you saw her.
901
00:39:30,402 --> 00:39:32,969
That baby was
no more important to her
902
00:39:32,971 --> 00:39:35,438
than a watch, something she
could hock for a quick buck.
903
00:39:35,440 --> 00:39:37,073
We got to go
forward with this.
904
00:39:37,075 --> 00:39:39,843
You fire an unloaded gun at me,
it's attempt.
905
00:39:39,845 --> 00:39:42,812
You know that the gun
is not loaded, it's nothing.
906
00:39:42,814 --> 00:39:44,381
But to be acquitted,
I'd have to prove
907
00:39:44,383 --> 00:39:46,015
to a jury that I knew the gun
wasn't loaded.
908
00:39:46,017 --> 00:39:48,017
Chris and Amy will have to prove
that they knew they weren't
909
00:39:48,019 --> 00:39:49,919
committing a crime, and
they'll have to take the stand.
910
00:39:49,921 --> 00:39:52,088
Credibility is a question
for the jury.
911
00:39:52,090 --> 00:39:54,457
Exactly. I open up the slightest
hole in their story,
912
00:39:54,459 --> 00:39:58,395
I give the jury the opportunity,
they'll do the right thing.
913
00:39:58,397 --> 00:40:00,096
You want them
to ignore evidence?
914
00:40:00,098 --> 00:40:03,400
No. Chris and Amy want the jury
to look at the law.
915
00:40:03,402 --> 00:40:06,002
I'll get the jury
to look at Chris and Amy.
916
00:40:06,004 --> 00:40:08,071
The law's supposed
to be a shield,
not a sword.
917
00:40:08,073 --> 00:40:10,573
They're despicable, yes,
but by letter of the law
918
00:40:10,575 --> 00:40:12,575
they're not guilty.
919
00:40:12,577 --> 00:40:15,078
The legislature
couldn't have conceived
920
00:40:15,080 --> 00:40:17,414
anything like this, but wrong
should not win
921
00:40:17,416 --> 00:40:19,015
by technicalities,
you know that yourself.
922
00:40:20,519 --> 00:40:22,986
Get these bastards
off the street.
923
00:40:26,091 --> 00:40:29,893
CHRIS:
went wrongat if everything
924
00:40:29,895 --> 00:40:31,060
and Amy miscarried
925
00:40:31,062 --> 00:40:32,662
we couldn't
be tried for murder.
926
00:40:32,664 --> 00:40:36,099
We knew Amy had been pregnant
less than 24 weeks.
927
00:40:36,101 --> 00:40:39,936
But you're not charged
with murder, Chris.
928
00:40:39,938 --> 00:40:42,005
You're charged
with attempt.
929
00:40:42,007 --> 00:40:43,990
It's a joke.
930
00:40:43,991 --> 00:40:45,974
You think we would
go through all this
931
00:40:45,977 --> 00:40:47,110
and not be sure?
932
00:40:47,112 --> 00:40:49,212
I knew it wasn't a crime.
933
00:40:49,214 --> 00:40:50,580
How's that?
934
00:40:50,582 --> 00:40:51,681
Three years
935
00:40:51,683 --> 00:40:54,050
University of Wisconsin
School of Law
936
00:40:54,052 --> 00:40:56,653
two years practicing
in Fond Du Lac.
937
00:40:56,655 --> 00:40:57,954
Thank you.
938
00:40:59,591 --> 00:41:01,591
As an attorney, you are aware
939
00:41:01,593 --> 00:41:05,228
that the definition of murder
varies from state to state.
Sure.
940
00:41:05,230 --> 00:41:07,630
What constitutes murder
in Wisconsin
941
00:41:07,632 --> 00:41:09,666
may be different in New York.
942
00:41:09,668 --> 00:41:11,168
That's right.
943
00:41:11,169 --> 00:41:12,669
Did you attend
law school in New York?
944
00:41:12,671 --> 00:41:13,736
No, but I...
945
00:41:13,738 --> 00:41:15,472
Yes or no, sir.
946
00:41:16,741 --> 00:41:18,942
No.
947
00:41:18,944 --> 00:41:21,211
But you claim to know the law
948
00:41:21,213 --> 00:41:22,479
in New York.
949
00:41:22,481 --> 00:41:24,180
I can read, Mr. Stone.
950
00:41:24,182 --> 00:41:27,217
Well then, maybe
you can tell us, Mr. Baylor,
951
00:41:27,219 --> 00:41:30,553
what happened to your license
to practice law.
952
00:41:30,555 --> 00:41:32,088
Objection. Irrelevant.
953
00:41:32,090 --> 00:41:33,490
Goes to credibility,
Your Honor.
954
00:41:33,492 --> 00:41:35,492
Answer the question.
955
00:41:35,494 --> 00:41:38,061
It was revoked.
956
00:41:38,063 --> 00:41:40,096
You mean, you were disbarred?
957
00:41:43,502 --> 00:41:44,501
Sir?
958
00:41:49,641 --> 00:41:54,244
I made a terrible mistake,
but we didn't break any laws.
959
00:41:54,246 --> 00:41:58,248
But you testified that Chris
intentionally hit you.
960
00:41:58,250 --> 00:42:00,984
You said it was all
part of your plan.
961
00:42:00,986 --> 00:42:03,686
We never meant to hurt it.
962
00:42:03,688 --> 00:42:07,991
I am so sorry about the baby.
963
00:42:07,993 --> 00:42:10,960
I wish I could
take it back.
964
00:42:10,962 --> 00:42:13,029
And what about
Mr. Alcott?
965
00:42:13,031 --> 00:42:15,665
Does he deserve any sympathy?
966
00:42:15,667 --> 00:42:16,799
I take it
967
00:42:16,801 --> 00:42:18,668
you don't care for him.
968
00:42:18,670 --> 00:42:20,537
He cheated on his wife.
969
00:42:20,539 --> 00:42:22,272
He cheats the government
970
00:42:22,274 --> 00:42:23,540
for a living.
971
00:42:23,542 --> 00:42:26,743
He deserves whatever
happens to him.
972
00:42:31,049 --> 00:42:35,652
Amy, have you been examined
by a doctor recently?
973
00:42:35,654 --> 00:42:38,688
Yes.
974
00:42:38,690 --> 00:42:41,090
And what did he say?
975
00:42:41,092 --> 00:42:43,059
As a result of the kicks
976
00:42:43,061 --> 00:42:46,262
there was severe damage
to my uterine wall.
977
00:42:46,264 --> 00:42:47,764
Which means?
978
00:42:47,766 --> 00:42:49,732
I'll never have another child.
979
00:42:49,734 --> 00:42:50,733
Objection.
980
00:42:50,735 --> 00:42:51,668
Relevance.
981
00:42:51,670 --> 00:42:53,136
Sustained.
982
00:42:53,138 --> 00:42:54,637
Thank you, Amy.
983
00:42:57,576 --> 00:43:00,710
Miss Newhouse, you testified
984
00:43:00,712 --> 00:43:06,015
that you didn't intend
to have a miscarriage.
985
00:43:06,017 --> 00:43:09,152
Yet you meticulously
planned the attack
986
00:43:09,154 --> 00:43:13,790
to assure that the fetus
would be under 24 weeks of age.
987
00:43:13,792 --> 00:43:15,858
Chris said it was a failsafe
988
00:43:15,860 --> 00:43:18,328
just in case
something went wrong.
989
00:43:18,330 --> 00:43:21,364
Can you tell us
why Chris was disbarred
990
00:43:21,366 --> 00:43:23,633
in the state
of Wisconsin?
991
00:43:26,071 --> 00:43:28,338
Answer the question, please.
992
00:43:34,045 --> 00:43:38,648
Um... subornation of perjury.
993
00:43:38,650 --> 00:43:40,817
STONE:
You know what that means?
994
00:43:42,354 --> 00:43:45,888
He encouraged a witness
to lie on the stand.
995
00:43:45,890 --> 00:43:47,290
Do you think
996
00:43:47,292 --> 00:43:49,292
Chris could be at it again?
997
00:43:49,294 --> 00:43:50,793
Objection.
998
00:43:50,795 --> 00:43:52,395
Sustained.
999
00:43:54,666 --> 00:43:57,266
Miss Newhouse, do you know
what it means
1000
00:43:57,268 --> 00:43:58,401
if you can't prove
1001
00:43:58,403 --> 00:44:01,070
that you and Chris
knew the law prior
1002
00:44:01,072 --> 00:44:02,372
to committing
the acts
1003
00:44:02,374 --> 00:44:05,174
that resulted in the death
of your baby?
1004
00:44:05,176 --> 00:44:06,743
Objection!
1005
00:44:06,744 --> 00:44:08,311
The witness is
not an attorney, Your Honor.
1006
00:44:08,313 --> 00:44:10,713
She is not competent
to determine this.
1007
00:44:10,715 --> 00:44:12,048
On the contrary,
Your Honor.
1008
00:44:12,049 --> 00:44:13,382
Miss Newhouse's entire defense
is based
1009
00:44:13,385 --> 00:44:15,785
upon the fact
that she knew the law.
1010
00:44:15,787 --> 00:44:17,387
She cannot now argue
1011
00:44:17,389 --> 00:44:21,124
that she is incompetent
to testify as to its meaning.
1012
00:44:21,126 --> 00:44:23,259
Answer the question,
young lady.
1013
00:44:27,399 --> 00:44:29,198
What would it mean
1014
00:44:29,200 --> 00:44:32,702
Miss Newhouse,
if you didn't know the law?
1015
00:44:32,704 --> 00:44:34,303
We would be guilty.
1016
00:44:34,305 --> 00:44:35,838
Of what?
1017
00:44:37,709 --> 00:44:39,676
Of attempted murder.
1018
00:44:39,678 --> 00:44:41,711
Of trying to kill your own baby.
1019
00:44:41,713 --> 00:44:45,415
We committed no crime.
1020
00:44:45,417 --> 00:44:48,751
Nobody got hurt.
1021
00:45:03,968 --> 00:45:06,335
STONE:
No crime?
1022
00:45:06,337 --> 00:45:08,337
What do you call the plan
1023
00:45:08,339 --> 00:45:12,341
that Christopher Baylor
and Amy Newhouse concocted?
1024
00:45:12,343 --> 00:45:14,310
They lured her own employer,
David Alcott,
1025
00:45:14,312 --> 00:45:16,245
into having an affair with her.
1026
00:45:16,247 --> 00:45:19,782
They convinced him
that their own pregnancy was his
1027
00:45:19,784 --> 00:45:23,886
and then,
they did the unimaginable.
1028
00:45:23,888 --> 00:45:26,489
They staged an attack--
1029
00:45:26,491 --> 00:45:28,958
an attack
in which Christopher Baylor
1030
00:45:28,960 --> 00:45:31,861
savagely kicked the mother
of his own child
1031
00:45:31,863 --> 00:45:33,362
in the belly
1032
00:45:33,364 --> 00:45:38,301
and they say it's no crime.
1033
00:45:38,303 --> 00:45:42,238
They killed
their own child for greed.
1034
00:45:42,240 --> 00:45:43,806
No crime?
1035
00:45:43,808 --> 00:45:47,477
The only possible way
that this is not a crime
1036
00:45:47,479 --> 00:45:50,413
is if you can manage
to convince yourself
1037
00:45:50,415 --> 00:45:53,316
that couple
had specific knowledge
1038
00:45:53,318 --> 00:45:55,218
of an obscure penal code.
1039
00:45:55,220 --> 00:45:58,855
I, however, believe
that if you review the evidence
1040
00:45:58,857 --> 00:46:00,189
you will find
1041
00:46:00,191 --> 00:46:03,326
that when they came up
with this heinous plan
1042
00:46:03,328 --> 00:46:09,332
they were unaware
of the 24-week statute
1043
00:46:09,334 --> 00:46:11,934
and that they are guilty
of the crime
1044
00:46:11,936 --> 00:46:14,437
that was in their hearts
all along--
1045
00:46:14,439 --> 00:46:17,406
the crime of attempted murder.
1046
00:46:21,913 --> 00:46:23,946
Have you reached a verdict?
1047
00:46:23,948 --> 00:46:24,947
We have, Your Honor.
1048
00:46:24,949 --> 00:46:27,016
We find the defendants,
1049
00:46:27,018 --> 00:46:29,051
Amy Newhouse
and Christopher Baylor,
1050
00:46:29,053 --> 00:46:32,455
guilty of attempt to commit
murder in the second degree.
1051
00:46:32,457 --> 00:46:34,323
Motion to set aside
the verdict.
1052
00:46:34,325 --> 00:46:36,359
Denied.
1053
00:46:39,063 --> 00:46:41,931
Gillion should have
set aside the verdict.
The only basis was horror.
1054
00:46:41,933 --> 00:46:43,533
The public is all over us
1055
00:46:43,535 --> 00:46:46,302
when a known criminal walks
on a technicality.
1056
00:46:46,304 --> 00:46:49,806
I just flipped the coin--
I let the people use a
technicality to convict.
1057
00:46:49,808 --> 00:46:51,407
I'm sure they'll appeal.
1058
00:46:51,409 --> 00:46:53,876
The jury disbelieved
their testimony.
1059
00:46:53,878 --> 00:46:56,045
Last time I looked, that is not
reviewable on appeal.
1060
00:46:56,047 --> 00:46:57,914
But they were
telling the truth.
1061
00:46:57,916 --> 00:47:00,950
I won't lose sleep over
it, and I don't think
the jurors will, either.
1062
00:47:00,952 --> 00:47:02,351
There's another
bit of justice.
1063
00:47:02,353 --> 00:47:03,352
What's that?
1064
00:47:03,354 --> 00:47:05,955
She'll never reproduce.
1065
00:47:05,957 --> 00:47:10,026
Captioning sponsored by
NBC/UNIVERSAL
1066
00:47:11,529 --> 00:47:15,598
captioned by
access.wgbh.org oup at WGBH