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the people are represented
the people are represented
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00:00:02,900 --> 00:00:05,136
by two separate
yet equally important groups:
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00:00:05,760 --> 00:00:07,240
the police,
who investigate crime
4
00:00:07,560 --> 00:00:09,860
and the district attorneys,
who prosecute the offenders.
5
00:00:10,480 --> 00:00:11,420
These are their stories.
6
00:00:14,080 --> 00:00:15,600
We don't serve
quiche, young miss.
7
00:00:16,200 --> 00:00:17,040
I hate quiche.
8
00:00:17,400 --> 00:00:18,734
Do you have any coffee?
9
00:00:18,835 --> 00:00:20,436
Yes. I'll even
charge you $3.75
10
00:00:20,720 --> 00:00:21,880
if it will make
you feel more at home.
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00:00:22,040 --> 00:00:24,180
I appreciate that, but no
special treatment required--
12
00:00:24,280 --> 00:00:25,247
or foam.
13
00:00:25,280 --> 00:00:26,300
Just lots of sugar.
14
00:00:26,400 --> 00:00:27,501
Black's fine.
15
00:00:28,280 --> 00:00:29,760
What language is that?
16
00:00:29,760 --> 00:00:30,600
Advanced chemistry
17
00:00:30,600 --> 00:00:31,660
but it might as well
be Greek.
18
00:00:32,160 --> 00:00:33,762
Yeah, my boy took that.
19
00:00:34,200 --> 00:00:35,660
Now he's washing dishes.
20
00:00:40,640 --> 00:00:41,480
I'm already here.
21
00:00:42,000 --> 00:00:42,901
The question is,
where are you?
22
00:00:43,001 --> 00:00:46,404
Okay.
23
00:00:46,600 --> 00:00:48,001
Stood you up, huh?
24
00:00:48,101 --> 00:00:49,000
How much?
25
00:00:49,000 --> 00:00:50,440
Oh, coffee's free.
26
00:00:50,440 --> 00:00:51,440
Conversation's a buck.
27
00:00:51,540 --> 00:00:53,476
Thanks.
28
00:00:58,360 --> 00:01:01,030
Anybody need a refill?
29
00:01:01,130 --> 00:01:02,398
Yes, please.
30
00:01:10,360 --> 00:01:12,262
See here, how this starts out dark and
gets lighter?
31
00:01:13,080 --> 00:01:15,320
That's made by a tire
spinning under acceleration.
32
00:01:15,760 --> 00:01:19,263
So you're saying some dude was just
waiting for her to hit his crosshairs?
33
00:01:19,364 --> 00:01:21,040
Ready, aim... fire.
34
00:01:21,040 --> 00:01:23,108
Detectives, we've got
a witness over there.
35
00:01:23,400 --> 00:01:25,260
Cabbie stopped at a red light.
He saw the whole thing.
36
00:01:25,560 --> 00:01:26,880
Girl came out of that diner
over there.
37
00:01:27,040 --> 00:01:28,320
You want to take
the diner?
38
00:01:28,320 --> 00:01:30,422
Yeah, I could use
a cup of coffee.
39
00:01:30,522 --> 00:01:31,657
So?
40
00:01:33,080 --> 00:01:34,300
She seemed like
nice kid.
41
00:01:34,800 --> 00:01:35,680
You knew her?
42
00:01:35,680 --> 00:01:38,280
No. She left two bucks
for a dollar cup of coffee
43
00:01:38,400 --> 00:01:39,420
which she didn't even touch.
44
00:01:39,800 --> 00:01:41,060
Doesn't say much
for your coffee.
45
00:01:41,400 --> 00:01:42,735
Well, she was supposed
to meet somebody.
46
00:01:43,920 --> 00:01:45,989
You get an idea who?
47
00:01:46,000 --> 00:01:46,840
No, but I heard her
on her cell phone.
48
00:01:46,840 --> 00:01:47,740
I couldn't catch a name.
49
00:01:47,840 --> 00:01:49,942
Okay, thanks.
50
00:01:51,360 --> 00:01:53,800
My guess, back's broken,
skull's crushed.
51
00:01:55,000 --> 00:01:56,960
She was definitely DOA.
52
00:01:56,960 --> 00:01:58,060
She doesn't look
more than 18.
53
00:01:58,480 --> 00:02:00,960
Emily Milius.
17 next month.
54
00:02:01,240 --> 00:02:02,260
This might have
been her cell.
55
00:02:03,080 --> 00:02:05,100
I guess Star 69's
out of the question.
56
00:02:05,400 --> 00:02:07,080
You can still
order LUDs.
57
00:02:07,080 --> 00:02:09,615
Gee, we should have gone
to medical school.
58
00:02:09,880 --> 00:02:12,849
Anyway, our guy was driving
a Saturn, green, maybe blue.
59
00:02:13,440 --> 00:02:15,400
Emily went
to Rockingham Day School--
60
00:02:15,400 --> 00:02:17,970
it's a private girls school
down on Park Avenue.
61
00:02:18,280 --> 00:02:20,680
What the hell was she doing
all the way up here?
62
00:02:20,680 --> 00:02:23,717
You mean other than
being a crash dummy?
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00:02:27,687 --> 00:02:31,257
Captioning sponsored by
UNIVERSAL NETWORK TELEVISION
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00:03:14,034 --> 00:03:15,068
No.
65
00:03:15,168 --> 00:03:16,369
Mrs. Milius...
66
00:03:16,480 --> 00:03:18,280
Can I get you
some water?
67
00:03:18,280 --> 00:03:21,716
Maybe if you sat down
over here, huh?
68
00:03:23,520 --> 00:03:25,240
Why did this happen?
69
00:03:25,240 --> 00:03:27,375
How did this happen?
70
00:03:27,840 --> 00:03:30,209
Oh, my husband is
going to die.
71
00:03:33,800 --> 00:03:36,220
Can you think of any reason why your
daughter
72
00:03:36,360 --> 00:03:39,200
was up in Washington Heights
last night?
73
00:03:39,200 --> 00:03:40,040
Washington Heights?
74
00:03:40,040 --> 00:03:42,509
No, no, no,
she was with Blair.
75
00:03:42,560 --> 00:03:44,160
She called from there.
Gramercy Park.
76
00:03:46,360 --> 00:03:47,395
Was it a drunk?
77
00:03:47,680 --> 00:03:48,520
We're not sure yet.
78
00:03:48,720 --> 00:03:50,154
Oh, this is not good.
79
00:03:50,560 --> 00:03:51,580
This is not good at all.
80
00:03:52,720 --> 00:03:54,120
When Ronald comes
home tonight...
81
00:03:55,080 --> 00:03:56,815
Oh, God, what a mess.
82
00:03:56,915 --> 00:03:59,290
Mrs. Milius, we're going
to get somebody
83
00:03:59,290 --> 00:04:01,559
to take you home, okay?
84
00:04:09,490 --> 00:04:11,210
I wonder, should we close the
school?
85
00:04:11,210 --> 00:04:12,110
That would be
up to you.
86
00:04:12,290 --> 00:04:13,930
The city does provide
grief counselors.
87
00:04:14,730 --> 00:04:18,167
Yes, well, naturally we'll
take care of that ourselves.
88
00:04:19,570 --> 00:04:21,439
How can I help?
89
00:04:21,490 --> 00:04:22,330
We were wondering
90
00:04:22,970 --> 00:04:25,610
if Emily had a
friend named Blair?
91
00:04:25,610 --> 00:04:27,650
Blair Silverman.
Yes, they were very close.
92
00:04:29,450 --> 00:04:30,290
Why do you ask?
93
00:04:30,290 --> 00:04:31,550
I thought this was
a hit-and-run.
94
00:04:31,810 --> 00:04:33,178
Well, we have to cover
all the bases.
95
00:04:34,410 --> 00:04:36,450
Surely you don't think
this was done on purpose?
96
00:04:36,450 --> 00:04:37,290
We don't know yet.
97
00:04:38,050 --> 00:04:39,118
Well, I do.
98
00:04:39,610 --> 00:04:42,230
Rockingham is one of the finest
schools in the city
99
00:04:42,930 --> 00:04:46,550
and Emily wasn't just popular,
she was gifted, generous...
100
00:04:47,250 --> 00:04:48,090
No offense, ma'am
101
00:04:48,170 --> 00:04:50,750
but I don't think she was
uptown handing out turkeys.
102
00:04:51,570 --> 00:04:52,610
I know what you're insinuating.
103
00:04:54,010 --> 00:04:56,390
Emily was the captain
of our lacrosse team.
104
00:04:57,450 --> 00:05:00,290
Her biggest problem was deciding
between Yale and Harvard.
105
00:05:01,330 --> 00:05:03,050
There's no way
she was on drugs.
106
00:05:03,050 --> 00:05:03,890
Well, of course not.
107
00:05:03,890 --> 00:05:05,030
Her friend,
Blair Silverman--
108
00:05:05,250 --> 00:05:06,690
we were wondering if we
could talk to her.
109
00:05:06,790 --> 00:05:09,370
Of course.
110
00:05:09,370 --> 00:05:11,390
Emily's mom said you two
were pretty tight.
111
00:05:11,490 --> 00:05:12,658
Like sisters.
112
00:05:15,090 --> 00:05:17,425
Caroline--
I mean Mrs. Milius--
113
00:05:17,450 --> 00:05:18,290
was my second mom.
114
00:05:18,650 --> 00:05:20,451
So you and Emily were
out together last night?
115
00:05:20,890 --> 00:05:21,730
I've been grounded
116
00:05:21,730 --> 00:05:22,570
for the past six weeks
117
00:05:22,650 --> 00:05:24,010
for staying out all night
at a rave.
118
00:05:24,110 --> 00:05:25,912
Mom number one
didn't like it.
119
00:05:26,012 --> 00:05:26,972
Ecstasy, huh?
120
00:05:29,530 --> 00:05:30,690
What's going on?
121
00:05:30,690 --> 00:05:31,610
You two narcs?
122
00:05:31,610 --> 00:05:33,750
We're just wondering why
Emily would tell her mom
123
00:05:33,890 --> 00:05:35,470
she was with you
in Gramercy Park
124
00:05:35,650 --> 00:05:37,830
when she was up
on 187th Street.
125
00:05:38,130 --> 00:05:39,931
Look, we did "E" maybe twice.
126
00:05:41,690 --> 00:05:43,110
It's not like we're druggies
or anything.
127
00:05:43,770 --> 00:05:45,330
It's actually perfectly
age-appropriate.
128
00:05:45,610 --> 00:05:46,450
Ask any shrink.
129
00:05:47,130 --> 00:05:48,898
Anyway, if Emily
wanted to score
130
00:05:48,998 --> 00:05:50,633
there were other ways.
131
00:05:50,734 --> 00:05:51,850
For instance?
132
00:05:51,850 --> 00:05:52,690
Maddi Donlu.
133
00:05:52,690 --> 00:05:53,730
You know, one
of our tokens.
134
00:05:53,830 --> 00:05:55,432
Poor people.
135
00:05:57,010 --> 00:05:58,050
She lives uptown someplace.
136
00:06:03,010 --> 00:06:05,930
I really liked Emily,
respected her.
137
00:06:06,530 --> 00:06:07,370
We were friends.
138
00:06:07,970 --> 00:06:10,270
I mean, it's just that
139
00:06:10,450 --> 00:06:12,530
she wasn't doing so well
in advanced chemistry.
140
00:06:13,290 --> 00:06:14,170
She asked me
to help.
141
00:06:14,450 --> 00:06:16,485
It's a long way to go
for some lab notes.
142
00:06:16,730 --> 00:06:17,650
I'm not buying it.
143
00:06:17,850 --> 00:06:19,130
If you don't want
your dad to know
144
00:06:19,250 --> 00:06:20,870
that you're about to fail, you would.
145
00:06:21,810 --> 00:06:24,250
Her father's some
kind of bigwig
146
00:06:24,570 --> 00:06:25,890
at a pharmaceutical
company.
147
00:06:26,930 --> 00:06:29,550
She was supposed
to walk in his shoes.
148
00:06:30,450 --> 00:06:31,930
What about boyfriends?
149
00:06:31,930 --> 00:06:33,530
She seeing anybody?
150
00:06:33,530 --> 00:06:34,370
Todd Block.
151
00:06:34,370 --> 00:06:35,250
He's at Stanford.
152
00:06:35,350 --> 00:06:36,490
Stanford?
153
00:06:36,490 --> 00:06:37,770
That must have made
her dad smile.
154
00:06:37,870 --> 00:06:38,830
She wished.
155
00:06:40,370 --> 00:06:43,674
Mr. Milius wouldn't even
let Emily see Todd
156
00:06:43,774 --> 00:06:45,008
over Thanksgiving.
157
00:06:45,650 --> 00:06:47,470
I really... I have to go.
158
00:06:47,730 --> 00:06:48,931
Okay, thank you.
159
00:06:51,370 --> 00:06:53,530
Emily was smart,
rich, pretty.
160
00:06:54,290 --> 00:06:55,670
Getting dumped by
a girl like that
161
00:06:55,770 --> 00:06:56,810
would sure piss me off.
162
00:06:57,370 --> 00:06:58,690
Well, let's go
see the mom.
163
00:06:58,690 --> 00:07:00,090
See if she's in a more
talkative mood.
164
00:07:02,170 --> 00:07:03,330
In other words,
you have nothing.
165
00:07:03,930 --> 00:07:05,090
It's a drunk driver, Ronald.
166
00:07:05,290 --> 00:07:06,810
It's not like they're
going to find fingerprints.
167
00:07:07,210 --> 00:07:08,570
Your wife has
a point, sir.
168
00:07:08,890 --> 00:07:09,830
Do we actually know
169
00:07:10,090 --> 00:07:11,057
it was a drunk driver?
170
00:07:11,850 --> 00:07:12,850
Hit-and-run.
What's the difference?
171
00:07:13,010 --> 00:07:13,850
There's a difference!
172
00:07:17,827 --> 00:07:18,787
I'm sorry.
173
00:07:19,730 --> 00:07:21,030
This whole thing--
you can't imagine.
174
00:07:21,490 --> 00:07:23,225
Actually, I can.
175
00:07:23,690 --> 00:07:25,992
You don't know who
to be mad at, do you?
176
00:07:27,010 --> 00:07:28,330
If you don't mind,
we'd like to ask you
177
00:07:28,370 --> 00:07:30,290
some questions about
Emily's boyfriend.
178
00:07:31,890 --> 00:07:32,770
She doesn't have one.
179
00:07:33,050 --> 00:07:35,650
What does that have
to do with anything?
180
00:07:35,650 --> 00:07:36,970
You don't think this
was an accident.
181
00:07:37,370 --> 00:07:39,550
There is some evidence
that it might not be.
182
00:07:39,650 --> 00:07:41,518
Oh, my God.
183
00:07:41,530 --> 00:07:42,370
Somebody named Todd.
184
00:07:44,130 --> 00:07:46,050
No. There's no way
Todd would hurt her.
185
00:07:46,290 --> 00:07:49,010
Mr. Milius, we heard that
you didn't care for him.
186
00:07:49,010 --> 00:07:50,070
She was only 17.
187
00:07:51,250 --> 00:07:54,353
What was he doing with her?
188
00:07:57,090 --> 00:07:58,090
I ain't saying
he killed her
189
00:07:58,130 --> 00:07:59,810
but there was something
off about that guy.
190
00:07:59,910 --> 00:08:00,870
Off how?
191
00:08:01,250 --> 00:08:03,090
It was like he wanted
it to be a drunk driver.
192
00:08:03,310 --> 00:08:04,150
You check
the boyfriend out?
193
00:08:04,650 --> 00:08:05,590
He hasn't been
on a plane
194
00:08:05,730 --> 00:08:06,970
since the semester started.
195
00:08:07,330 --> 00:08:08,650
I think you're
way off base.
196
00:08:08,750 --> 00:08:10,052
Briscoe.
197
00:08:10,152 --> 00:08:11,319
Sure. Where?
198
00:08:12,850 --> 00:08:13,690
Half an hour.
199
00:08:14,050 --> 00:08:15,930
Hey, maybe not
that far off base.
200
00:08:15,930 --> 00:08:18,330
Ronald Milius wants
to talk with us privately.
201
00:08:20,410 --> 00:08:22,030
It's just that Caroline
would never understand.
202
00:08:22,410 --> 00:08:23,610
I'm not sure
we do either.
203
00:08:24,250 --> 00:08:26,770
I'm the CFO of a Fortune 500
corporation.
204
00:08:27,570 --> 00:08:29,590
I personally audited the books
of my company--
205
00:08:30,250 --> 00:08:31,690
Frasier & Frasier
Pharmaceuticals.
206
00:08:31,690 --> 00:08:33,530
Which is just two baby steps away from
bankruptcy.
207
00:08:33,930 --> 00:08:34,970
Because of you?
208
00:08:34,970 --> 00:08:37,039
No. The CEO and the rest
of his foursome--
209
00:08:38,730 --> 00:08:40,590
they're being investigated
for illegally pocketing
210
00:08:40,850 --> 00:08:42,110
hundreds of millions
of dollars.
211
00:08:42,490 --> 00:08:45,226
And you have evidence
incriminating them?
212
00:08:45,330 --> 00:08:47,090
The Feds promised me
if I cooperated
213
00:08:47,450 --> 00:08:48,690
my name would be
kept out of it.
214
00:08:48,890 --> 00:08:51,170
You think they killed Emily to shut you
up?
215
00:08:51,170 --> 00:08:53,070
You're the ones that said
it wasn't an accident.
216
00:08:54,010 --> 00:08:56,078
Who else would
want to hurt her?
217
00:08:57,610 --> 00:08:58,890
I shouldn't even be
talking to you.
218
00:08:59,090 --> 00:09:02,527
Mr. Milius,
we're not done.
219
00:09:03,210 --> 00:09:04,530
Think if they wanted
to keep him quiet
220
00:09:04,690 --> 00:09:06,810
he'd be the one facing
the front end of a Saturn.
221
00:09:07,210 --> 00:09:08,050
It's too obvious.
222
00:09:08,530 --> 00:09:10,130
He still has his wife
to worry about.
223
00:09:11,365 --> 00:09:12,966
Yeah.
224
00:09:13,010 --> 00:09:13,850
Okay, good.
225
00:09:13,850 --> 00:09:15,350
Do me a favor, send that
over to forensics.
226
00:09:16,290 --> 00:09:17,170
All right, thanks.
227
00:09:17,270 --> 00:09:18,230
Parking violations.
228
00:09:18,730 --> 00:09:20,390
They just found
an abandoned green Saturn.
229
00:09:20,850 --> 00:09:23,070
Let me guess, there's
a dent in the front end.
230
00:09:24,490 --> 00:09:25,770
Tell me something good,
Borak.
231
00:09:25,770 --> 00:09:27,330
My kid got a B-plus
in Spanish.
232
00:09:28,650 --> 00:09:30,770
Oh, you mean
about the car.
233
00:09:30,770 --> 00:09:31,610
That's an "A."
234
00:09:31,890 --> 00:09:32,750
Fibers from the grill
235
00:09:32,970 --> 00:09:34,370
match fibers from
your girl's sweater.
236
00:09:34,470 --> 00:09:35,490
Prints?
237
00:09:35,490 --> 00:09:36,850
More than you can
shake a stick at.
238
00:09:37,090 --> 00:09:38,058
Hey, life is good.
239
00:09:38,370 --> 00:09:39,450
Life is great.
240
00:09:39,550 --> 00:09:42,186
The car is registered
to a Diane Payton--
241
00:09:43,570 --> 00:09:45,705
237 East 13th Street.
242
00:09:49,010 --> 00:09:51,870
Emily Milius? No, I don't think I know
her.
243
00:09:52,450 --> 00:09:53,370
And you weren't up
244
00:09:53,450 --> 00:09:55,685
in Washington Heights
last night?
245
00:09:55,730 --> 00:09:57,590
I work in a greeting
card store in the Village.
246
00:09:58,650 --> 00:10:01,250
That'd be over an hour on
the subway during rush hour.
247
00:10:01,450 --> 00:10:02,290
Not if you had a car.
248
00:10:03,010 --> 00:10:03,850
Two hours then.
249
00:10:04,210 --> 00:10:06,310
Your car's a green Saturn,
isn't it, Mrs. Payton.
250
00:10:06,450 --> 00:10:07,850
Oh, my God! There's been an accident?!
251
00:10:07,850 --> 00:10:09,190
Please don't tell me
Danny was hurt.
252
00:10:09,290 --> 00:10:10,291
Danny?
253
00:10:10,450 --> 00:10:12,350
My son. He's had the car the last couple
of days.
254
00:10:12,890 --> 00:10:14,124
Oh, my God,
he's hurt!
255
00:10:14,225 --> 00:10:15,259
No, no.
256
00:10:15,490 --> 00:10:17,690
We think he may have
witnessed a hit-and-run.
257
00:10:18,090 --> 00:10:19,230
If you could give us
his address
258
00:10:19,410 --> 00:10:20,530
we'd like to talk to him.
259
00:10:20,630 --> 00:10:22,766
Oh.
260
00:10:23,926 --> 00:10:26,662
Mr. Payton.
261
00:10:27,970 --> 00:10:29,270
Danny Payton, police.
262
00:10:29,370 --> 00:10:31,105
Do it.
263
00:10:35,490 --> 00:10:36,330
If you don't mind.
264
00:10:36,810 --> 00:10:40,047
Who is this guy,
Frosty the Snowman?
265
00:10:40,147 --> 00:10:42,716
Ed.
266
00:10:44,330 --> 00:10:46,632
He's frosty all right.
267
00:10:53,330 --> 00:10:54,170
All the windows
268
00:10:54,170 --> 00:10:56,070
in this guy's apartment
were wide open.
269
00:10:56,290 --> 00:10:57,450
So he liked fresh air.
270
00:10:57,730 --> 00:10:58,570
That or we're
dealing with someone
271
00:10:58,970 --> 00:11:00,970
with experience in
the forensic arts.
272
00:11:01,250 --> 00:11:02,670
The ME couldn't
use body temp
273
00:11:02,810 --> 00:11:04,190
to approximate
the time of death.
274
00:11:04,291 --> 00:11:05,251
Murder weapon?
275
00:11:05,370 --> 00:11:07,590
We found a carving knife
in the dish rack.
276
00:11:07,810 --> 00:11:09,970
Well, at least our
bad guy's tidy.
277
00:11:09,970 --> 00:11:11,890
Danny Payton's prints
were all over that car.
278
00:11:12,130 --> 00:11:14,265
You're thinking Danny was hired
to hit Emily Milius?
279
00:11:14,690 --> 00:11:16,790
And whoever hired him
decided he was no longer
280
00:11:16,970 --> 00:11:18,910
useful to Frasier &
Frasier Pharmaceuticals.
281
00:11:19,010 --> 00:11:21,212
Is there proof of any of this?
282
00:11:21,250 --> 00:11:22,310
Danny doesn't have a record.
283
00:11:22,610 --> 00:11:25,290
Yeah, we'd check his LUDs but
he didn't have a phone either.
284
00:11:25,290 --> 00:11:28,070
He certainly doesn't sound
like someone I'd hire for a hit.
285
00:11:28,690 --> 00:11:29,730
Talk to people
who knew him.
286
00:11:29,730 --> 00:11:32,010
His super said
he never got any visitors.
287
00:11:32,010 --> 00:11:35,847
Well, maybe his mother kept tabs
on his social schedule.
288
00:11:36,930 --> 00:11:40,290
After the morgue, I didn't know
what to do, so I went to work.
289
00:11:42,570 --> 00:11:45,890
Mr. Lawson sent me home.
290
00:11:45,890 --> 00:11:47,780
Who would...?
291
00:11:47,780 --> 00:11:48,980
We thought if you could tell us
292
00:11:49,060 --> 00:11:50,540
the names
of some of his friends.
293
00:11:51,620 --> 00:11:52,640
I don't know. Um...
294
00:11:53,860 --> 00:11:54,700
I mean, Danny...
295
00:11:57,180 --> 00:11:58,240
He was kind of a loner.
296
00:12:01,620 --> 00:12:02,500
This is my fault.
297
00:12:02,980 --> 00:12:04,060
I didn't like to pry.
298
00:12:05,220 --> 00:12:06,060
We had breakfast...
299
00:12:06,460 --> 00:12:07,940
yesterday before work.
300
00:12:09,900 --> 00:12:12,440
Since Danny's dad left us...
301
00:12:12,620 --> 00:12:13,740
When was that?
302
00:12:13,740 --> 00:12:15,008
Um, when
Danny was 12.
303
00:12:16,300 --> 00:12:19,680
Every week we... we've had
at least one meal together.
304
00:12:22,700 --> 00:12:24,280
If he was in trouble,
I should have known.
305
00:12:25,420 --> 00:12:26,960
He should have been able
to talk to me.
306
00:12:27,540 --> 00:12:28,660
I don't think
it would have mattered.
307
00:12:29,180 --> 00:12:31,720
I don't make much money,
but if he owed someone...
308
00:12:32,580 --> 00:12:35,416
What makes you think
that he was in debt?
309
00:12:36,460 --> 00:12:38,680
21 years old and still
making minimum wage.
310
00:12:45,300 --> 00:12:46,800
As far as I know, there's no law that
says
311
00:12:46,900 --> 00:12:48,120
I have to employ
crack addicts.
312
00:12:48,460 --> 00:12:49,427
You're sure he
was on the stuff?
313
00:12:49,660 --> 00:12:52,060
Man, crack, uppers, downers,
what do I know?
314
00:12:52,060 --> 00:12:54,160
You know, he should have been
smarter than to do that stuff
315
00:12:54,300 --> 00:12:55,820
and come to my place
of business here.
316
00:12:55,920 --> 00:12:57,021
Hey, Cazzie, give me that.
317
00:12:57,300 --> 00:12:58,180
I tell you something--
I thought the guy
318
00:12:58,180 --> 00:12:59,300
was going to work out, too.
319
00:12:59,940 --> 00:13:02,008
He was kind of nice, polite,
worked his butt off.
320
00:13:02,300 --> 00:13:04,300
Then one day, he's, like,
whacked out of his skull.
321
00:13:04,400 --> 00:13:06,069
He scared two
of my customers out of here
322
00:13:06,100 --> 00:13:07,140
before they even
got out of the car.
323
00:13:07,460 --> 00:13:09,829
When he was sober, he ever mention any
friends?
324
00:13:09,930 --> 00:13:10,890
No, we never
got that close.
325
00:13:12,060 --> 00:13:14,996
Cazzie-- excuse me--
Cazzie, what is this?
326
00:13:15,540 --> 00:13:18,020
You've got a habit to
feed, but you're busted.
327
00:13:18,020 --> 00:13:19,420
All you have to
do is run down
328
00:13:19,620 --> 00:13:21,900
this anonymous girl and
you're back on cloud nine.
329
00:13:22,140 --> 00:13:23,720
Maybe the ME's
got something by now.
330
00:13:24,340 --> 00:13:28,300
Seven stab wounds, most
likely made by this.
331
00:13:29,580 --> 00:13:31,580
No defensive wounds,
nothing under his nails.
332
00:13:32,020 --> 00:13:33,855
Hey, nobody just
lies there and takes it.
333
00:13:33,980 --> 00:13:34,960
Somebody sleeping would.
334
00:13:35,260 --> 00:13:36,161
Or somebody stoned
out of his mind.
335
00:13:36,740 --> 00:13:37,641
No, not this guy.
336
00:13:38,900 --> 00:13:40,280
Tox screen was negative.
337
00:13:41,780 --> 00:13:43,560
I don't know. This many
stab wounds usually means
338
00:13:43,660 --> 00:13:44,500
a crime of passion.
339
00:13:44,740 --> 00:13:46,560
Or somebody wanted it
to look that way.
340
00:13:47,060 --> 00:13:47,900
I don't think so.
341
00:13:48,380 --> 00:13:49,320
These two are superficial--
342
00:13:50,020 --> 00:13:51,200
what we call
hesitation wounds.
343
00:13:52,420 --> 00:13:53,940
Not only was your
bad guy not a pro
344
00:13:54,180 --> 00:13:56,480
he wasn't sure he wanted to do
what he was about to do.
345
00:13:56,740 --> 00:13:58,460
Well, he eventually
made up his mind.
346
00:13:58,460 --> 00:13:59,300
Is this his?
347
00:13:59,300 --> 00:14:01,001
Yes, it's on its
way up to forensics.
348
00:14:01,500 --> 00:14:02,401
Well, this is
a self-winding watch
349
00:14:04,060 --> 00:14:05,340
and it stopped
at 5:00 p.m. yesterday.
350
00:14:05,340 --> 00:14:06,742
Yeah, I doubt
if he was swinging his arm
351
00:14:07,180 --> 00:14:08,660
up and down, being he was dead.
352
00:14:08,980 --> 00:14:10,060
That's right, but these watches
353
00:14:10,260 --> 00:14:12,920
run 18 hours, more or less,
without movement, meaning
354
00:14:13,020 --> 00:14:13,980
that the time of death
355
00:14:15,620 --> 00:14:16,460
would have been 11:00
the night before.
356
00:14:16,460 --> 00:14:17,500
Makes it pretty tough for him
357
00:14:17,580 --> 00:14:19,780
to be eating scrambled eggs
with Mom yesterday.
358
00:14:22,180 --> 00:14:23,980
We're following up
on a few leads.
359
00:14:24,081 --> 00:14:25,182
Who?
360
00:14:25,340 --> 00:14:28,000
I'm sorry, I can't disclose
that information right now.
361
00:14:28,140 --> 00:14:29,260
I'm sure you understand.
362
00:14:30,980 --> 00:14:32,681
You know what
I understand?
363
00:14:32,780 --> 00:14:34,200
I understand grief.
364
00:14:35,780 --> 00:14:36,660
You have to tell me.
365
00:14:37,340 --> 00:14:39,342
Was this because of
Ronald's company?
366
00:14:39,860 --> 00:14:41,060
Yes, I know all about it.
367
00:14:41,060 --> 00:14:41,900
He told me.
368
00:14:42,220 --> 00:14:44,088
We're just not sure
yet, Mrs. Milius.
369
00:14:52,740 --> 00:14:53,580
What's going on?
370
00:14:53,580 --> 00:14:54,915
Who is she?
371
00:14:57,380 --> 00:14:59,916
She killed my
baby, didn't she?
372
00:15:02,100 --> 00:15:03,920
I thought you said Danny
was just a witness.
373
00:15:04,340 --> 00:15:05,280
Things may have changed.
374
00:15:06,820 --> 00:15:07,780
He didn't even
know that girl.
375
00:15:07,900 --> 00:15:08,934
Why would he kill her?
376
00:15:09,460 --> 00:15:10,940
Why do people kill?
377
00:15:10,940 --> 00:15:12,241
Love, money, both.
378
00:15:13,220 --> 00:15:14,240
I would have given him money.
379
00:15:14,660 --> 00:15:15,640
No offense,
but I think
380
00:15:15,740 --> 00:15:16,940
he was looking
for a lot more
381
00:15:17,060 --> 00:15:18,300
than you had
lying around.
382
00:15:18,940 --> 00:15:20,680
What we think
happened, Mrs. Payton
383
00:15:20,900 --> 00:15:24,180
is that Danny was hired
to kill Emily Milius
384
00:15:24,420 --> 00:15:26,460
and whoever hired him
wanted to make sure
385
00:15:26,620 --> 00:15:28,160
that he didn't tell
anybody about the deal.
386
00:15:28,260 --> 00:15:29,300
That's crazy.
387
00:15:29,300 --> 00:15:30,140
You don't know Danny.
388
00:15:30,540 --> 00:15:31,380
But you did.
389
00:15:32,220 --> 00:15:33,100
Better than anyone.
390
00:15:33,540 --> 00:15:34,840
That's right,
he told you everything
391
00:15:35,060 --> 00:15:36,940
at your weekly breakfasts.
392
00:15:36,940 --> 00:15:37,780
That's right.
393
00:15:37,780 --> 00:15:40,400
Only we happen to know, you
didn't have breakfast with Danny
394
00:15:40,620 --> 00:15:42,340
the morning after Emily
was murdered.
395
00:15:42,440 --> 00:15:44,108
Mrs. Payton,
if you lie to us
396
00:15:44,660 --> 00:15:45,500
we can't help you.
397
00:15:47,660 --> 00:15:48,920
Maybe I got my day wrong.
398
00:15:49,380 --> 00:15:50,880
And maybe I'll run for pope.
399
00:15:54,380 --> 00:15:55,615
You think I killed him?
400
00:15:55,715 --> 00:15:56,675
Five to ten
401
00:15:56,700 --> 00:15:57,880
you know what did happen.
402
00:15:58,140 --> 00:15:59,380
You had a key
to his apartment.
403
00:16:00,260 --> 00:16:01,100
I was his mother.
404
00:16:01,100 --> 00:16:01,940
And maybe that
405
00:16:01,940 --> 00:16:04,240
explains your prints
on the towel rack
406
00:16:04,380 --> 00:16:05,520
right near
the murder weapon.
407
00:16:05,700 --> 00:16:06,540
What's going on here?
408
00:16:06,820 --> 00:16:08,100
We're just having
a little tete-a-tete
409
00:16:08,200 --> 00:16:09,234
with Mrs. Payton here.
410
00:16:09,260 --> 00:16:10,540
Is she accused
of something?
411
00:16:10,540 --> 00:16:11,380
Not yet.
412
00:16:11,380 --> 00:16:13,000
We don't treat people
like this.
413
00:16:15,180 --> 00:16:17,249
I'm sorry, Mrs. Payton.
414
00:16:17,940 --> 00:16:21,300
Can I get you
a cup of coffee?
415
00:16:21,300 --> 00:16:22,460
Detective Green,
would you please
416
00:16:22,580 --> 00:16:24,248
escort Mrs. Payton
to Interview Room One?
417
00:16:24,980 --> 00:16:26,420
You'll be a lot more
comfortable there.
418
00:16:26,780 --> 00:16:27,915
Are you hungry,
Mrs. Payton?
419
00:16:27,940 --> 00:16:29,020
There's a deli
around the corner.
420
00:16:29,140 --> 00:16:30,160
I can get you
a hot pastrami.
421
00:16:30,260 --> 00:16:31,220
That's enough.
422
00:16:31,220 --> 00:16:32,780
I really have no idea
what he's talking about.
423
00:16:32,880 --> 00:16:34,015
Of course.
424
00:16:37,380 --> 00:16:38,940
She ask for a lawyer?
425
00:16:38,940 --> 00:16:41,375
Why would an innocent
woman need one?
426
00:16:42,220 --> 00:16:43,250
Give me 30 minutes.
427
00:16:46,820 --> 00:16:51,658
Again, I apologize
for my detectives.
428
00:16:51,860 --> 00:16:52,760
They're just
doing their job.
429
00:16:53,380 --> 00:16:54,940
Well, their job
description
430
00:16:54,940 --> 00:16:56,440
doesn't include
rude behavior.
431
00:16:59,300 --> 00:17:00,140
I know how difficult
432
00:17:00,380 --> 00:17:01,660
this must be,
Mrs. Payton--
433
00:17:01,860 --> 00:17:02,700
I have kids.
434
00:17:04,020 --> 00:17:04,860
How you get up
435
00:17:04,860 --> 00:17:05,700
in the morning
436
00:17:05,700 --> 00:17:08,300
after losing a child,
I just don't know.
437
00:17:09,900 --> 00:17:10,920
And the way it happened.
438
00:17:13,740 --> 00:17:15,475
When my Ric
439
00:17:15,500 --> 00:17:16,480
was six years old
440
00:17:17,620 --> 00:17:19,040
they thought he might
have scoliosis.
441
00:17:19,820 --> 00:17:21,540
That would mean
spinal surgery
442
00:17:22,180 --> 00:17:23,980
a year in a full-body cast
443
00:17:24,420 --> 00:17:26,660
sitting in waiting rooms
waiting for test results.
444
00:17:26,940 --> 00:17:30,343
I thought, "How am I going
to get through this?"
445
00:17:32,180 --> 00:17:33,100
Is he okay?
446
00:17:33,100 --> 00:17:33,980
Knock on wood.
447
00:17:36,500 --> 00:17:37,801
How old is he?
448
00:17:37,901 --> 00:17:40,020
Thirteen.
449
00:17:40,020 --> 00:17:42,188
Oh, that's nice.
450
00:17:42,620 --> 00:17:43,600
Boys at 13.
451
00:17:43,700 --> 00:17:45,735
I remember.
452
00:17:47,180 --> 00:17:48,880
I swear, our mothers
had it easier.
453
00:17:49,260 --> 00:17:52,520
What with drugs today and
violence in the schools.
454
00:17:53,340 --> 00:17:55,180
No one ever said it was
supposed to be easy.
455
00:17:56,300 --> 00:17:58,240
No time off, no vacations.
456
00:18:03,020 --> 00:18:08,040
There's just got to be a point
when it's their life
457
00:18:09,740 --> 00:18:12,040
and there's no place
for the mother...
458
00:18:12,140 --> 00:18:13,708
No.
459
00:18:14,620 --> 00:18:16,180
They're always your life.
460
00:18:19,250 --> 00:18:21,819
You're right.
461
00:18:22,500 --> 00:18:25,060
You're only as happy
as your unhappiest kid.
462
00:18:26,340 --> 00:18:27,275
What can I say?
463
00:18:27,620 --> 00:18:29,040
You have great
expectations.
464
00:18:29,780 --> 00:18:31,040
You start out
with that.
465
00:18:31,580 --> 00:18:33,260
Slowly it turns
into disappointment
466
00:18:34,100 --> 00:18:37,660
and it's topped off with
an unbearable dose of guilt.
467
00:18:43,580 --> 00:18:44,514
But what if...?
468
00:18:49,086 --> 00:18:51,221
I can't.
469
00:18:54,700 --> 00:18:55,540
A mother shouldn't...
470
00:18:55,700 --> 00:18:58,970
What?
471
00:19:03,020 --> 00:19:04,620
A mother shouldn't
kill her baby.
472
00:19:08,380 --> 00:19:09,600
I gave Danny life.
473
00:19:12,540 --> 00:19:13,600
And I took it away.
474
00:19:24,344 --> 00:19:26,046
People v. Diane Payto.
475
00:19:28,220 --> 00:19:29,240
Murder in the second degree.
476
00:19:31,100 --> 00:19:32,768
Do I see defendant's counsel?
477
00:19:33,780 --> 00:19:34,660
No excuse for tardiness.
478
00:19:34,900 --> 00:19:36,340
I apologize to the court,
Your Honor.
479
00:19:36,630 --> 00:19:38,670
Hartley. Kay Hartley
for the defense, Your Honor.
480
00:19:38,910 --> 00:19:39,810
I'm sorry, Your Honor.
481
00:19:39,910 --> 00:19:41,190
Casual day at Wittman, Worth.
482
00:19:41,190 --> 00:19:42,570
I wasn't expecting
a court appearance.
483
00:19:43,070 --> 00:19:45,406
And your client pleads how,
Ms. Hartley?
484
00:19:48,609 --> 00:19:49,569
Not guilty.
485
00:19:50,590 --> 00:19:51,510
Question of bail?
486
00:19:51,510 --> 00:19:52,350
Remand, Your Honor.
487
00:19:52,350 --> 00:19:54,310
The defendant brutally murdered
her own son.
488
00:19:54,550 --> 00:19:56,010
Allegedly.
As I was saying...
489
00:19:56,150 --> 00:19:58,350
she confessed to murdering
her own child.
490
00:19:58,910 --> 00:20:01,530
And for that she gets remanded
without bail. Next.
491
00:20:09,070 --> 00:20:10,070
Long time, Serena.
492
00:20:11,670 --> 00:20:12,510
You don't remember?
493
00:20:12,990 --> 00:20:13,830
You sat three seats
494
00:20:13,830 --> 00:20:15,030
ahead of me in contracts.
495
00:20:16,230 --> 00:20:18,150
Of course, you were probably
busy paying attention.
496
00:20:18,250 --> 00:20:19,350
Wittman, Worth?
497
00:20:19,350 --> 00:20:20,970
You must have been paying
attention to something.
498
00:20:21,070 --> 00:20:22,030
What can I say?
499
00:20:22,470 --> 00:20:24,010
They make us do
this pro bono stuff.
500
00:20:25,390 --> 00:20:26,230
Choices we make, huh?
501
00:20:27,470 --> 00:20:28,310
I don't know...
502
00:20:28,310 --> 00:20:31,550
anti-trust litigation never got
my socks rolling up and down.
503
00:20:31,550 --> 00:20:32,818
So you do remember?
504
00:20:33,470 --> 00:20:34,470
I read the alumni rag.
505
00:20:35,830 --> 00:20:37,870
So, can I buy you
a cup of coffee?
506
00:20:37,870 --> 00:20:39,290
I can pay for my own,
thank you.
507
00:20:43,150 --> 00:20:45,330
Look up "snob" in your Webster
and you'll see her picture.
508
00:20:46,190 --> 00:20:47,590
Kay Hartley had one
foot on Wall Street
509
00:20:47,590 --> 00:20:48,650
from the first day of school.
510
00:20:48,950 --> 00:20:50,118
What's she doing here?
511
00:20:50,270 --> 00:20:51,710
It's Wittman, Worth pretending they have a
heart
512
00:20:51,790 --> 00:20:53,670
justifying their fees
in case there's a hell.
513
00:20:54,510 --> 00:20:55,350
Maybe that's a good thing
514
00:20:55,390 --> 00:20:58,030
considering we don't have anything even
resembling a motive.
515
00:20:58,230 --> 00:20:59,610
We don't need a motive;
we have a confession.
516
00:20:59,830 --> 00:21:01,050
Believe me,
this will be a quickie.
517
00:21:03,150 --> 00:21:04,790
I thought this was going to be
me and you, Serena.
518
00:21:06,430 --> 00:21:07,610
Jack McCoy, Kay Hartley.
519
00:21:08,310 --> 00:21:11,310
Mr. McCoy is the Executive
Assistant District Attorney.
520
00:21:11,310 --> 00:21:12,890
Sorry to disappoint,
Ms. Hartley.
521
00:21:13,150 --> 00:21:14,485
No, no, that's fine.
522
00:21:14,630 --> 00:21:15,831
So, how does this work?
523
00:21:16,070 --> 00:21:17,550
Considering we have
a signed confession
524
00:21:17,870 --> 00:21:19,470
it appears you don't have
any leverage.
525
00:21:21,110 --> 00:21:22,290
I can offer Murder Two
526
00:21:22,430 --> 00:21:23,690
with a sentence
recommendation.
527
00:21:25,510 --> 00:21:27,470
In the corporate world
you know you have a good deal
528
00:21:27,590 --> 00:21:29,350
when both sides
walk away unhappy.
529
00:21:30,550 --> 00:21:32,110
Sure, I'm new
to this criminal stuff
530
00:21:32,110 --> 00:21:34,610
but I think you're both smiling
just a bit too much.
531
00:21:34,990 --> 00:21:37,010
Be that as it may,
I can't go any lower.
532
00:21:37,990 --> 00:21:41,030
Well, maybe you'll reconsider
when the confession is tossed.
533
00:21:41,030 --> 00:21:41,870
Excuse me?
534
00:21:41,870 --> 00:21:44,272
Mrs. Payton doesn't remember
anyone reading her her rights.
535
00:21:45,150 --> 00:21:46,410
She wasn't being interrogated.
536
00:21:46,950 --> 00:21:47,910
"Be that as it may"
537
00:21:48,150 --> 00:21:49,130
one of our first-year associates
538
00:21:49,350 --> 00:21:50,950
is drafting a motion
as we speak.
539
00:21:52,870 --> 00:21:53,770
So much for quick.
540
00:21:57,470 --> 00:21:58,470
The Miranda Court emphasized
541
00:21:58,710 --> 00:22:00,410
that in order for a confession
to be admissible
542
00:22:00,670 --> 00:22:02,770
against a defendant,
it must be voluntary.
543
00:22:03,670 --> 00:22:05,210
I think you can skip the primer
544
00:22:05,430 --> 00:22:06,970
on coerced confessions,
counselor.
545
00:22:07,110 --> 00:22:07,950
Of course, Your Honor.
546
00:22:07,950 --> 00:22:10,730
But when a lieutenant grills
a suspect for nearly an hour...
547
00:22:10,870 --> 00:22:13,270
Lieutenant Van Buren
drank coffee with the defendant
548
00:22:13,710 --> 00:22:14,990
and they discussed
their children.
549
00:22:15,470 --> 00:22:18,050
I'm sure she wasn't there
for the cuisine, Mr. McCoy.
550
00:22:18,310 --> 00:22:19,970
There was a discrepancy
in a timeline
551
00:22:20,190 --> 00:22:21,330
that she had given the police
552
00:22:21,550 --> 00:22:23,910
concerning a hit-and-run
her son was involved in
553
00:22:24,010 --> 00:22:25,550
a few days earlier.
554
00:22:25,550 --> 00:22:28,310
Mrs. Payton was never a suspect.
555
00:22:28,310 --> 00:22:29,830
The mere fact that she was in
a police station...
556
00:22:29,930 --> 00:22:31,070
Is irrelevant.
557
00:22:31,070 --> 00:22:33,530
What controls
is whether the police knew--
558
00:22:33,830 --> 00:22:34,990
or should have known--
559
00:22:35,430 --> 00:22:37,410
that their actions
would lead to a confession.
560
00:22:37,510 --> 00:22:38,678
Read Rhode Island v. Innis
561
00:22:40,070 --> 00:22:41,590
if you want backup on that,
Ms. Hartley.
562
00:22:42,230 --> 00:22:43,510
If the police
didn't consider
563
00:22:43,750 --> 00:22:45,852
Mrs. Payton a suspect
in the murder
564
00:22:45,950 --> 00:22:48,010
they certainly couldn't have
expected a confession.
565
00:22:48,110 --> 00:22:49,110
But, Your Honor...
566
00:22:49,110 --> 00:22:50,110
The confession is in.
567
00:22:58,550 --> 00:23:00,710
Hey, how's this for timing?
568
00:23:00,710 --> 00:23:01,690
Right. Just a coincidence.
569
00:23:01,790 --> 00:23:02,750
Serena...
570
00:23:02,750 --> 00:23:04,390
Look, you already had
your chance at a deal.
571
00:23:04,390 --> 00:23:05,290
I'm not here to negotiate.
572
00:23:05,590 --> 00:23:07,370
I'm here to ask a friend
for a favor.
573
00:23:09,030 --> 00:23:11,430
Right. You lose your motion
and suddenly we're friends?
574
00:23:11,430 --> 00:23:13,130
I'm sorry, Kay, but I think
you're going to have to slum it
575
00:23:13,190 --> 00:23:14,550
down on Centre Street
for a few weeks.
576
00:23:14,750 --> 00:23:15,890
I'm not slumming,
Serena.
577
00:23:18,030 --> 00:23:20,190
Look, growing up,
Danny Payton was special.
578
00:23:20,190 --> 00:23:21,210
Everybody loved him.
579
00:23:22,150 --> 00:23:23,390
And then one day
when he was 18
580
00:23:23,590 --> 00:23:26,550
he woke up hearing voices--
a lot of voices
581
00:23:26,750 --> 00:23:28,070
only nobody else
could hear them.
582
00:23:28,070 --> 00:23:28,910
Wait a minute.
583
00:23:28,910 --> 00:23:30,350
Are you saying he was crazy?
584
00:23:30,350 --> 00:23:32,290
And he was violent and he
took it out on the person
585
00:23:32,430 --> 00:23:33,450
who was closest to him.
586
00:23:35,270 --> 00:23:36,870
Especially after
my uncle ran off.
587
00:23:36,970 --> 00:23:38,071
Your uncle?
588
00:23:39,910 --> 00:23:40,810
Danny was my cousin.
589
00:23:41,710 --> 00:23:43,430
So this pro bono...?
590
00:23:43,430 --> 00:23:44,850
Is really a leave of absence.
591
00:23:44,950 --> 00:23:45,951
Wow.
592
00:23:47,590 --> 00:23:48,990
Look, I know my aunt
593
00:23:48,990 --> 00:23:50,370
and I know how much
she loved Danny
594
00:23:50,510 --> 00:23:51,350
and she wouldn't have...
595
00:23:52,510 --> 00:23:54,950
she couldn't have unless
he was hurting her.
596
00:23:55,050 --> 00:23:56,010
If you're going to try
597
00:23:56,070 --> 00:23:57,830
and make this a case
for self-defense, Kay
598
00:23:57,830 --> 00:23:58,670
I don't buy it.
599
00:23:58,830 --> 00:23:59,670
He was asleep.
600
00:24:00,230 --> 00:24:01,610
She stabbed him
while he was sleeping.
601
00:24:01,910 --> 00:24:03,312
Serena, Danny flipped out
and ran over Emily Milius
602
00:24:04,870 --> 00:24:06,370
for no reason other than
she was there.
603
00:24:08,990 --> 00:24:13,861
Do you have any proof of this
whatsoever?
604
00:24:13,961 --> 00:24:15,070
Well...
605
00:24:15,070 --> 00:24:17,230
Kay, as your new best friend,
if you don't have any proof
606
00:24:17,230 --> 00:24:19,050
I would advise you
to resign as counsel
607
00:24:19,390 --> 00:24:20,850
and make yourself
a character witness.
608
00:24:21,110 --> 00:24:22,330
It's a tiny favor, Serena.
609
00:24:22,870 --> 00:24:27,790
Please, help me get a look
at his medical records.
610
00:24:27,790 --> 00:24:30,393
She wants us to get the
doctor-patient privilege waved?
611
00:24:30,990 --> 00:24:33,790
We're not supposed to make the
defenses case for them, Serena.
612
00:24:33,790 --> 00:24:34,810
Our job is to get a conviction.
613
00:24:35,110 --> 00:24:36,850
I thought it had something
to do with justice, Jack.
614
00:24:37,150 --> 00:24:38,017
I got photos
of seven stab wounds
615
00:24:38,630 --> 00:24:40,470
that say that's exactly
what this is.
616
00:24:41,030 --> 00:24:42,070
I don't understand, Serena.
617
00:24:42,670 --> 00:24:44,750
If Mrs. Payton
wants to assert self-defense
618
00:24:44,910 --> 00:24:47,550
why doesn't she just waive her
son's doctor-patient privilege?
619
00:24:47,550 --> 00:24:49,470
Maybe she's too proud?
Maybe she's ashamed?
620
00:24:49,470 --> 00:24:51,090
Maybe she doesn't
want the world to know
621
00:24:51,190 --> 00:24:52,150
that her son
was beating on her?
622
00:24:52,250 --> 00:24:54,152
That's a lot of maybes.
623
00:24:54,910 --> 00:24:56,330
I don't see
what the big deal is.
624
00:24:56,550 --> 00:24:58,350
We get Mrs. Payton
removed as administratrix
625
00:24:58,790 --> 00:25:01,430
we talk to Danny's doctor
and we can find out for sure.
626
00:25:01,830 --> 00:25:02,670
The only problem is
627
00:25:02,670 --> 00:25:04,510
the new administrator
would be the next of kin
628
00:25:05,270 --> 00:25:06,110
who might very well
629
00:25:06,190 --> 00:25:08,470
want to keep the Paytons'
family secrets secret.
630
00:25:08,750 --> 00:25:09,590
It's not a problem.
631
00:25:09,710 --> 00:25:11,230
The next of kin
is Hartley's mother.
632
00:25:11,750 --> 00:25:13,870
Great. When do we get
to call on Uncle Bernie
633
00:25:13,970 --> 00:25:15,304
as the eyewitness?
634
00:25:15,550 --> 00:25:16,417
You know what, Jack?
635
00:25:16,500 --> 00:25:18,410
Self-defense is in the books
for a reason.
636
00:25:19,110 --> 00:25:21,010
If that woman doesn't deserve
to be in jail
637
00:25:21,230 --> 00:25:22,210
I don't want to put her there.
638
00:25:28,310 --> 00:25:29,230
Now, let me get this right.
639
00:25:29,230 --> 00:25:31,699
The defendant
is the decedent's mother?
640
00:25:31,990 --> 00:25:32,870
That's correct, Your Honor.
641
00:25:34,870 --> 00:25:36,150
The statute is very clear
642
00:25:36,150 --> 00:25:37,830
on appointing administrators,
counselor.
643
00:25:38,190 --> 00:25:39,630
It's also very clear
that a person
644
00:25:39,790 --> 00:25:41,490
should not be able
to profit from their crime.
645
00:25:41,710 --> 00:25:43,110
Mrs. Payton murdered her son.
646
00:25:43,110 --> 00:25:44,790
As administratrix
to his estate
647
00:25:45,150 --> 00:25:46,970
she'd be entitled
to a statutory fee.
648
00:25:47,190 --> 00:25:50,390
Mrs. Payton hasn't been convicted of
anything, Your Honor.
649
00:25:50,390 --> 00:25:52,810
She confessed to stabbing
her son seven times.
650
00:25:53,070 --> 00:25:55,010
The confession was questionable
at best.
651
00:25:55,350 --> 00:25:56,284
Ms. Hartley motion to exclude
652
00:25:56,384 --> 00:25:58,110
has already been denied.
653
00:25:58,110 --> 00:25:59,630
Danny Payton was a murderer,
Your Honor.
654
00:25:59,710 --> 00:26:02,013
Doesn't my client get any credit
for getting him off the street?
655
00:26:02,710 --> 00:26:03,970
You can't be serious, counselor.
656
00:26:05,470 --> 00:26:06,850
Zealous representation,
Your Honor.
657
00:26:07,230 --> 00:26:09,950
This court is in favor
of removing Diane Payton
658
00:26:10,230 --> 00:26:11,298
as the administratrix
659
00:26:11,550 --> 00:26:12,990
of the estate
of Danny Payton
660
00:26:13,270 --> 00:26:14,890
and issuing new Letters
of Administration
661
00:26:15,310 --> 00:26:17,970
in accordance with Surrogate's Court
Procedure Act
662
00:26:18,070 --> 00:26:19,839
Section 1001.
663
00:26:28,840 --> 00:26:29,680
I don't understand.
664
00:26:30,880 --> 00:26:33,015
What does this mean?
665
00:26:33,120 --> 00:26:35,320
There's a chance
Danny was abusing his mother.
666
00:26:37,080 --> 00:26:38,560
So what?
My daughter's dead.
667
00:26:38,720 --> 00:26:39,747
Somebody has to go to jail.
668
00:26:39,747 --> 00:26:40,587
Mrs. Payton may not be legally
responsible for what she did.
669
00:26:40,587 --> 00:26:42,556
Responsible?
670
00:26:45,040 --> 00:26:47,360
If she were a better mother,
Emily would be alive.
671
00:26:48,120 --> 00:26:50,856
If she's not responsible,
who is?!
672
00:26:54,000 --> 00:26:55,400
Danny's doctor's name was Trask.
673
00:26:55,600 --> 00:26:57,540
I'll have a waiver signed
and delivered to him right away.
674
00:27:04,480 --> 00:27:06,100
Danny Payton was schizophrenic
675
00:27:06,200 --> 00:27:08,800
but he was released
from St. Justin's
676
00:27:08,800 --> 00:27:10,360
as not being a threat
to himself.
677
00:27:10,600 --> 00:27:12,020
You see, with pharmaceuticals
678
00:27:12,400 --> 00:27:14,300
you could lead a normal,
productive life.
679
00:27:14,560 --> 00:27:16,360
Meaning he wasn't a threat
to anyone else?
680
00:27:16,360 --> 00:27:17,520
Correct. You got
to understand
681
00:27:18,080 --> 00:27:20,580
most schizophrenics
are not violent at all.
682
00:27:20,680 --> 00:27:24,684
Danny Payton ran somebody over
and fled from the scene.
683
00:27:28,600 --> 00:27:32,000
Can you tell me about his
relationship with his mother?
684
00:27:32,000 --> 00:27:34,760
I recall they were
extraordinarily close.
685
00:27:35,440 --> 00:27:37,320
So, are you saying he wasn't abusive to
her?
686
00:27:37,320 --> 00:27:39,120
No, what I'm saying
is quite the opposite.
687
00:27:39,120 --> 00:27:41,560
His mother was the only thing
that kept him alive.
688
00:27:42,720 --> 00:27:45,760
Look... I'll send over
all the records if you want.
689
00:27:50,520 --> 00:27:51,360
Feeling good, are we?
690
00:27:51,360 --> 00:27:53,262
Yeah, it really makes my day
691
00:27:53,560 --> 00:27:55,540
when a mother kills her son
for no reason whatsoever.
692
00:27:56,000 --> 00:27:58,400
Call Hallmark-- maybe they'll
print up a special card.
693
00:27:59,520 --> 00:28:00,520
I thought that
you'd be happy.
694
00:28:00,680 --> 00:28:02,180
Hartley loses her
affirmative defense.
695
00:28:03,200 --> 00:28:05,460
And pops up with another
more ridiculous one.
696
00:28:05,560 --> 00:28:07,362
Ah, Kay Hartley.
697
00:28:08,360 --> 00:28:09,260
With friends like that...
698
00:28:13,960 --> 00:28:15,996
Defense of third parties?
You must be kidding me.
699
00:28:17,160 --> 00:28:19,080
Danny already killed
Emily Milius.
700
00:28:19,920 --> 00:28:22,480
His mother killed him so
he wouldn't hurt anybody else.
701
00:28:22,800 --> 00:28:24,160
It's a legitimate
affirmative defense.
702
00:28:24,360 --> 00:28:26,760
If there was an imminent threat
of Danny hurting someone.
703
00:28:27,120 --> 00:28:27,980
As far as I know
704
00:28:28,080 --> 00:28:29,700
there was no one
in Danny Payton's apartment
705
00:28:29,880 --> 00:28:31,860
other than the woman
who stabbed him seven times.
706
00:28:32,600 --> 00:28:34,640
Look, I know
that it's a long shot.
707
00:28:34,640 --> 00:28:36,180
I'm just trying
to win my case.
708
00:28:36,280 --> 00:28:37,240
By using me?
709
00:28:38,840 --> 00:28:39,880
You needed privileged waived
710
00:28:40,000 --> 00:28:42,160
so you could get Danny's
mental state into evidence.
711
00:28:42,680 --> 00:28:43,540
Your aunt wouldn't waive it
712
00:28:43,600 --> 00:28:45,100
because she knew
it wasn't self-defense.
713
00:28:45,360 --> 00:28:47,660
I did what I could
to get justice for my client
714
00:28:47,880 --> 00:28:49,040
in an imperfect system.
715
00:28:49,480 --> 00:28:50,320
If you want to know why
716
00:28:50,320 --> 00:28:51,580
it's imperfect, Kay,
look in the mirror
717
00:28:51,720 --> 00:28:53,320
next time you put on
your Tiffany earrings.
718
00:28:54,920 --> 00:28:57,823
Look, my aunt came home
to find her car missing.
719
00:28:57,880 --> 00:28:59,600
The next thing she knew,
Danny was telling her
720
00:28:59,720 --> 00:29:02,040
he used it to kill someone
he didn't even know.
721
00:29:02,640 --> 00:29:03,808
What was she
supposed to do?
722
00:29:04,040 --> 00:29:05,940
Calling the police would
have been a very good start.
723
00:29:06,480 --> 00:29:08,200
At least I work for my earrings.
724
00:29:08,300 --> 00:29:10,102
That's right.
725
00:29:10,120 --> 00:29:12,800
Not all of us have the luxury
of playing at saving the world.
726
00:29:13,960 --> 00:29:15,360
An acquittal
of a confessed murderer
727
00:29:15,600 --> 00:29:16,880
and the powers-that-be
at Wittman, Worth
728
00:29:16,960 --> 00:29:19,580
will have no choice but to put
my name on the letterhead.
729
00:29:20,640 --> 00:29:22,074
Surprise, surprise, Serena?
730
00:29:22,400 --> 00:29:23,680
Well, it's a game, right?
731
00:29:23,680 --> 00:29:25,160
And the point of a game
is to win.
732
00:29:27,320 --> 00:29:28,380
I'll see you in chambers.
733
00:29:30,160 --> 00:29:32,429
Judge McNeil actually bought
Ms. Hartley's argument?
734
00:29:33,120 --> 00:29:34,740
He called
"defense of third parties"
735
00:29:35,000 --> 00:29:36,520
a question of fact for the jury.
736
00:29:36,920 --> 00:29:37,900
The man goes to school
737
00:29:38,040 --> 00:29:40,380
for seven years,
practices law for 15
738
00:29:41,280 --> 00:29:42,400
sits on the bench for five
739
00:29:42,600 --> 00:29:44,720
then passes the buck
to three housewives
740
00:29:45,240 --> 00:29:46,860
four salesmen, two plumbers
741
00:29:47,240 --> 00:29:48,420
a couple
of construction workers
742
00:29:48,600 --> 00:29:49,500
and a dental hygienist.
743
00:29:49,840 --> 00:29:50,700
I take full responsibility.
744
00:29:51,120 --> 00:29:51,960
None of this
would be admissible
745
00:29:52,160 --> 00:29:54,200
if I hadn't pulled that
stunt in Surrogate's Court.
746
00:29:54,480 --> 00:29:57,260
I seem to recall giving you
the old "atta-girl."
747
00:29:57,360 --> 00:29:59,240
I didn't.
748
00:29:59,240 --> 00:30:00,500
But you never knew Kay Hartley.
749
00:30:00,880 --> 00:30:03,340
I'm beginning to think all of
this was bogus from the get-go.
750
00:30:04,200 --> 00:30:05,650
She never thought
it was self-defense.
751
00:30:05,720 --> 00:30:06,560
She only needed a way
752
00:30:06,560 --> 00:30:08,660
to let the jury know that
Danny was mentally ill.
753
00:30:09,080 --> 00:30:12,260
You seem to have less faith in
our noble profession than I do.
754
00:30:12,320 --> 00:30:13,160
The problem is
755
00:30:13,160 --> 00:30:14,180
now I have to go into court
756
00:30:14,280 --> 00:30:16,420
and argue that this woman
belongs behind bars
757
00:30:16,520 --> 00:30:18,720
even though she killed her son
758
00:30:18,720 --> 00:30:22,600
only to prevent him from killing
three housewives, four salesmen
759
00:30:22,840 --> 00:30:24,920
two plumbers, etcetera,
etcetera, etcetera.
760
00:30:24,920 --> 00:30:26,900
Hartley's going to have to
offer up some kind of proof.
761
00:30:27,000 --> 00:30:29,336
She has proof enough:
Emily Milius.
762
00:30:32,200 --> 00:30:34,360
I'll explain the whole
thing to Judge McNeil.
763
00:30:34,360 --> 00:30:37,000
And he'll give us the
Soft Touch of the Year award.
764
00:30:42,280 --> 00:30:43,380
We talked about children...
765
00:30:43,680 --> 00:30:45,140
how tough it is
raising them.
766
00:30:45,240 --> 00:30:46,374
Mrs. Payton
767
00:30:46,640 --> 00:30:49,180
had it particularly tough
since her husband left her.
768
00:30:49,680 --> 00:30:51,040
And that would be particularly hard
769
00:30:51,160 --> 00:30:52,740
with a young boy
with mental problems.
770
00:30:53,520 --> 00:30:55,800
She never mentioned
any kind of mental problems
771
00:30:55,900 --> 00:30:57,068
with regard to her son.
772
00:30:57,680 --> 00:30:59,649
Maybe that's because
he was on medication?
773
00:30:59,749 --> 00:31:01,517
She never mentioned
that either.
774
00:31:01,960 --> 00:31:05,660
Like I said, she never talked
about mental problems, period.
775
00:31:06,520 --> 00:31:08,000
But she did say
that she killed him?
776
00:31:08,000 --> 00:31:08,840
Yes.
777
00:31:08,840 --> 00:31:11,240
And she signed a confession
to that effect.
778
00:31:12,440 --> 00:31:13,280
Thank you, Lieutenant.
779
00:31:17,760 --> 00:31:19,560
During that 45-minute
interrogation...
780
00:31:20,040 --> 00:31:22,843
I said it was a conversation,
counselor.
781
00:31:24,240 --> 00:31:27,220
Fine.
During that 45-minute chat
782
00:31:27,680 --> 00:31:29,420
did you ever once
ask Mrs. Payton
783
00:31:29,600 --> 00:31:31,320
if her son was mentally ill?
784
00:31:31,320 --> 00:31:32,440
As I just said...
785
00:31:32,800 --> 00:31:33,740
Yes or no, Lieutenant.
786
00:31:33,840 --> 00:31:35,942
No.
787
00:31:36,520 --> 00:31:37,840
Did you ask Mrs. Payton
788
00:31:38,000 --> 00:31:40,403
if her son had ever threatened
to kill anyone else?
789
00:31:40,503 --> 00:31:41,837
No.
790
00:31:42,720 --> 00:31:43,620
One more thing,
Lieutenant.
791
00:31:44,720 --> 00:31:45,560
Did Mrs. Payton
792
00:31:45,600 --> 00:31:47,602
ever say she loved her son?
793
00:31:47,702 --> 00:31:51,606
Yes.
794
00:31:52,240 --> 00:31:53,400
A lack of defensive wounds
795
00:31:53,400 --> 00:31:55,900
indicates the victim was unaware that he
was being attacked.
796
00:31:56,320 --> 00:31:57,221
He was sleeping?
797
00:31:57,960 --> 00:31:58,960
Sleeping or unconscious.
798
00:31:59,480 --> 00:32:00,320
So, in other words
799
00:32:00,320 --> 00:32:02,155
this was like shooting fish
in a barrel?
800
00:32:02,255 --> 00:32:03,280
Objection.
801
00:32:03,280 --> 00:32:04,882
Withdrawn, Your Honor.
802
00:32:06,480 --> 00:32:07,760
Out of those seven stab wounds
803
00:32:07,920 --> 00:32:09,321
two are what you call
"hesitation wounds."
804
00:32:09,840 --> 00:32:10,960
Is that correct?
Yes.
805
00:32:11,960 --> 00:32:14,162
So, could you say that
Mrs. Payton struggled
806
00:32:14,240 --> 00:32:16,308
with her decision
to stab her son?
807
00:32:16,600 --> 00:32:17,980
That's certainly
one explanation.
808
00:32:19,720 --> 00:32:21,080
About two months ago, Doctor
809
00:32:21,360 --> 00:32:24,400
did you do an autopsy of a man
named Ethan Richards?
810
00:32:24,400 --> 00:32:25,240
Objection. Relevance.
811
00:32:25,240 --> 00:32:26,380
Relevance
will become clear
812
00:32:26,520 --> 00:32:27,922
shortly, Your Honor.
813
00:32:28,480 --> 00:32:30,440
I'll let it in
subject to connection.
814
00:32:30,960 --> 00:32:32,100
Answer the question,
Doctor.
815
00:32:33,400 --> 00:32:35,235
Yes, I worked on
the Richards case.
816
00:32:35,400 --> 00:32:36,540
And what were
your conclusions?
817
00:32:37,560 --> 00:32:39,740
There were shoe prints
on the victim's torso
818
00:32:40,080 --> 00:32:42,420
so we concluded he died
of internal hemorrhaging
819
00:32:42,680 --> 00:32:43,520
due to kicking.
820
00:32:43,880 --> 00:32:45,280
Just to refresh your memory,
Doctor
821
00:32:45,440 --> 00:32:48,510
would this be the murder
we're discussing?
822
00:32:49,544 --> 00:32:50,840
Yes.
823
00:32:50,840 --> 00:32:52,775
Could you please read
the highlighted portions?
824
00:32:54,640 --> 00:32:56,040
"Forensic scientists
have confirmed
825
00:32:56,280 --> 00:32:58,760
that the shoe
was a size 121/////2 Frye boot."
826
00:32:59,360 --> 00:33:00,200
To your knowledge
827
00:33:00,200 --> 00:33:02,403
was there ever an arrest made
in this case?
828
00:33:02,503 --> 00:33:03,938
No.
829
00:33:04,038 --> 00:33:05,773
Thank you.
830
00:33:05,873 --> 00:33:08,409
That's all.
831
00:33:12,160 --> 00:33:13,640
Danny Payton
was schizophrenic.
832
00:33:14,160 --> 00:33:15,380
He lost touch with reality.
833
00:33:15,680 --> 00:33:17,940
He often saw and heard things
that weren't there.
834
00:33:18,520 --> 00:33:20,360
How did you treat him?
835
00:33:20,360 --> 00:33:22,740
In addition to daily counseling
and group therapy
836
00:33:23,360 --> 00:33:26,540
I also prescribed the
anti-psychotic drug Clozaril.
837
00:33:27,200 --> 00:33:28,480
After eight weeks
of treatment
838
00:33:28,840 --> 00:33:30,360
Danny stopped hearing
the voices
839
00:33:30,640 --> 00:33:31,780
and having
the delusions.
840
00:33:32,320 --> 00:33:35,123
In other words, Doctor, he was
able to function in society?
841
00:33:35,720 --> 00:33:38,100
I wouldn't have signed
his release if he wasn't.
842
00:33:42,680 --> 00:33:44,260
Last year, did Danny's
mother ask you
843
00:33:44,320 --> 00:33:46,960
to take him back
into the hospital?
844
00:33:46,960 --> 00:33:47,800
Yes.
845
00:33:47,800 --> 00:33:50,080
Why is that, Dr. Trask?
846
00:33:50,080 --> 00:33:52,816
Mrs. Payton said that Danny
was hearing voices
847
00:33:52,960 --> 00:33:54,840
telling him to kill
people at random.
848
00:33:55,480 --> 00:33:57,680
And you didn't
take that seriously?
849
00:33:57,680 --> 00:33:58,820
Of course I did
850
00:33:59,240 --> 00:34:00,660
but then Mrs. Payton told me
851
00:34:00,720 --> 00:34:02,700
that Danny had stopped taking
his medication
852
00:34:03,120 --> 00:34:04,140
three months earlier.
853
00:34:04,240 --> 00:34:05,200
And what did
you do?
854
00:34:06,040 --> 00:34:07,660
I told her
it was unacceptable.
855
00:34:08,920 --> 00:34:12,791
Look, in a perfect world
I would have readmitted Danny
856
00:34:13,240 --> 00:34:15,000
but it is not a perfect world.
857
00:34:15,200 --> 00:34:16,380
It is New York State
858
00:34:16,680 --> 00:34:18,760
and we don't have
the funding, staff or beds
859
00:34:19,050 --> 00:34:21,210
available for someone
who is perfectly able
860
00:34:21,370 --> 00:34:22,890
to function on medication.
861
00:34:24,610 --> 00:34:26,850
Tell me, Doctor, when a patient
is admitted to your hospital
862
00:34:27,050 --> 00:34:29,319
what do you do with the personal
effects he brings with him?
863
00:34:29,810 --> 00:34:31,250
They're recorded
and stored.
864
00:34:32,250 --> 00:34:33,810
I don't see the relevance,
Your Honor.
865
00:34:34,170 --> 00:34:35,950
I'm just connecting
earlier testimony.
866
00:34:36,050 --> 00:34:37,685
Proceed.
867
00:34:41,490 --> 00:34:44,693
Doctor, do you recognize this?
868
00:34:48,130 --> 00:34:52,270
Yes. It's the record of all
the items Danny had with him
869
00:34:52,330 --> 00:34:54,150
when he was admitted
to St. Justin's.
870
00:34:54,610 --> 00:34:55,510
Could you focus your attention
871
00:34:55,730 --> 00:34:57,450
on item number 10,
labeled "footwear."
872
00:34:58,250 --> 00:34:59,651
What does it say?
873
00:34:59,930 --> 00:35:03,370
A pair of size 12 1/2 Frye
work boots.
874
00:35:04,690 --> 00:35:06,030
I have nothing further,
Your Honor.
875
00:35:08,610 --> 00:35:11,250
Looks like this guy's going to
clear up all of our open cases.
876
00:35:11,930 --> 00:35:13,410
While his mother becomes
a folk hero
877
00:35:13,410 --> 00:35:15,990
for pushing the "off" button
on a killing machine.
878
00:35:16,250 --> 00:35:17,090
She's a vigilante.
879
00:35:17,810 --> 00:35:19,510
She was also a mother who killed
880
00:35:19,770 --> 00:35:21,410
a child she loved
more than herself.
881
00:35:21,410 --> 00:35:22,912
Well, so were Susan Smith
and Andrea Yates
882
00:35:23,370 --> 00:35:25,250
and if I remember correctly,
they were both convicted.
883
00:35:25,610 --> 00:35:27,850
They weren't preventing
otherwise inevitable murders.
884
00:35:28,130 --> 00:35:29,370
Only the statute doesn't say
885
00:35:29,450 --> 00:35:31,953
'inevitable threat,'
it says 'imminent threat.'
886
00:35:32,053 --> 00:35:33,010
Well, pardon my French,
887
00:35:33,010 --> 00:35:35,470
but I don't think the jury's
going to give a damn either way.
888
00:35:35,570 --> 00:35:36,771
Deal it down.
889
00:35:37,250 --> 00:35:38,090
That means the next guy who...
890
00:35:38,290 --> 00:35:39,390
Before you go
there, Serena
891
00:35:39,770 --> 00:35:42,890
the only "sending a bad message"
argument that I buy
892
00:35:43,370 --> 00:35:45,870
is the bad message we send
when we lose a trial...
893
00:35:46,290 --> 00:35:48,170
Well, if you read the fine
print, it also says
894
00:35:48,170 --> 00:35:49,690
that when the going
gets tough, run
895
00:35:49,810 --> 00:35:51,230
even when the law
is on our side.
896
00:35:51,690 --> 00:35:54,330
Do you really think we're going
to get jail time for this woman?
897
00:35:54,330 --> 00:35:55,965
Please, if she was on the road
to canonization
898
00:35:56,290 --> 00:35:58,570
she wouldn't have gone along
with Kay Hartley's games.
899
00:35:58,930 --> 00:36:01,810
I haven't even cross-examined
the defendant yet, Arthur.
900
00:36:01,910 --> 00:36:03,612
Well, you got in this hole
901
00:36:04,250 --> 00:36:06,010
I guess it's up to you
if you want to keep digging.
902
00:36:10,450 --> 00:36:12,418
So, how much of that
was personal?
903
00:36:12,610 --> 00:36:16,348
The letter of the law, Jack.
That's all.
904
00:36:19,370 --> 00:36:21,038
But you tried to get Danny help?
905
00:36:21,570 --> 00:36:22,910
Danny belonged in a hospital.
906
00:36:23,610 --> 00:36:25,310
But Dr. Trask just testified
907
00:36:25,570 --> 00:36:27,170
he'd be fine if he
just took his pills.
908
00:36:27,370 --> 00:36:28,470
Pills are supposed to help.
909
00:36:29,890 --> 00:36:31,030
They gave him
migraine headaches.
910
00:36:32,250 --> 00:36:33,270
They made him like a zombie.
911
00:36:34,370 --> 00:36:36,610
He said the only reason
he even knew he was alive
912
00:36:36,970 --> 00:36:40,070
was because he vomited an hour
after he took them.
913
00:36:40,730 --> 00:36:43,466
How is he supposed
to live like that?
914
00:36:43,490 --> 00:36:44,958
Still, that's
a small price to pay...
915
00:36:45,170 --> 00:36:46,010
I was his mother
916
00:36:46,010 --> 00:36:47,670
not some prison guard!
917
00:36:47,970 --> 00:36:50,990
I can't physically force him
to take his medication!
918
00:36:51,450 --> 00:36:53,870
I can't look over him
all the time!
919
00:36:55,010 --> 00:36:56,550
They say a mother's
worst fear
920
00:36:56,850 --> 00:36:57,970
is the death of a child.
921
00:36:58,850 --> 00:37:00,830
Let me tell you,
it's a million times worse
922
00:37:01,010 --> 00:37:03,130
when he kills
someone else's child.
923
00:37:06,210 --> 00:37:08,530
Let's turn our attention
to the night Danny died.
924
00:37:10,250 --> 00:37:13,820
Could you please tell us
what happened?
925
00:37:14,988 --> 00:37:17,490
Mrs. Payton?
926
00:37:19,050 --> 00:37:20,570
That morning, Danny
borrowed my car.
927
00:37:22,730 --> 00:37:24,690
Taking long drives
helped clear his head.
928
00:37:24,790 --> 00:37:28,628
When he didn't return
the car by 10:00
929
00:37:29,810 --> 00:37:33,050
I went over to his apartment
to see if anything was wrong.
930
00:37:37,610 --> 00:37:38,670
He was sitting on the floor
931
00:37:41,650 --> 00:37:43,130
banging his head
against the wall...
932
00:37:46,090 --> 00:37:47,790
He told me what he did
to that girl...
933
00:37:50,730 --> 00:37:54,410
I calmed him down...
and helped him into bed.
934
00:37:54,510 --> 00:37:56,345
And then...
935
00:38:02,850 --> 00:38:04,550
I didn't know what else to do...
936
00:38:14,890 --> 00:38:18,094
Stabbing Danny
was your only option?
937
00:38:18,130 --> 00:38:18,970
He was sick.
938
00:38:20,970 --> 00:38:22,590
The hospital wouldn't take him.
939
00:38:23,410 --> 00:38:24,810
He killed
at least two people.
940
00:38:25,090 --> 00:38:27,750
I'm sure the prison system would
have been glad to have him.
941
00:38:28,370 --> 00:38:30,839
Is there a question?
942
00:38:30,939 --> 00:38:32,774
Withdrawn.
943
00:38:34,130 --> 00:38:38,701
Yes or no, Mrs. Payton,
when you were stabbing Danny,
944
00:38:39,410 --> 00:38:45,583
were you thinking
of Emily Milius?
945
00:38:45,690 --> 00:38:50,495
Were you thinking of the man
Danny had kicked to death?
946
00:38:52,570 --> 00:38:54,950
Were you thinking
of the next innocent person
947
00:38:55,170 --> 00:38:56,871
Danny was going to kill?
948
00:38:59,130 --> 00:39:04,568
You said that Danny was
delusional, isn't that correct?
949
00:39:05,090 --> 00:39:05,930
Yes.
950
00:39:05,930 --> 00:39:07,170
That he had hallucinations.
951
00:39:08,370 --> 00:39:10,710
That he heard voices
telling him to kill.
952
00:39:10,811 --> 00:39:12,713
Yes.
953
00:39:13,610 --> 00:39:14,890
Then why, Mrs. Payton
954
00:39:15,850 --> 00:39:16,910
why in the world
955
00:39:18,810 --> 00:39:23,481
did you lend Danny
the keys to your car?
956
00:39:31,410 --> 00:39:34,213
Redirect, Ms. Hartley.
957
00:39:34,730 --> 00:39:35,810
No, Your Honor.
958
00:39:35,810 --> 00:39:37,030
Then we'll pick up
tomorrow morning.
959
00:39:38,770 --> 00:39:40,370
Kay told me that
Danny stole her keys
960
00:39:40,370 --> 00:39:41,430
so either she lied to me
961
00:39:41,490 --> 00:39:43,230
or Mrs. Payton
just lied on the stand.
962
00:39:43,810 --> 00:39:45,912
Why would someone lie
to appear more guilty?
963
00:39:46,012 --> 00:39:47,170
She wouldn't.
964
00:39:47,170 --> 00:39:48,440
Conference room,
20 minutes.
965
00:39:50,250 --> 00:39:51,090
So I misspoke.
966
00:39:51,130 --> 00:39:51,970
What's the big deal?
967
00:39:52,770 --> 00:39:53,610
That's one possibility.
968
00:39:53,850 --> 00:39:55,790
The other is that you
intentionally lied to me.
969
00:39:59,570 --> 00:40:01,810
What's going on?
970
00:40:01,810 --> 00:40:04,250
Your niece is a very
smart lawyer, Mrs. Payton.
971
00:40:04,970 --> 00:40:06,830
She knows that
if you gave Danny the car
972
00:40:06,970 --> 00:40:08,110
that you would be
legally responsible
973
00:40:08,450 --> 00:40:09,750
for the death of Emily Milius.
974
00:40:10,330 --> 00:40:11,890
It's called
reckless endangerment.
975
00:40:12,410 --> 00:40:14,610
My guess is that she told
you to lie on the stand
976
00:40:14,850 --> 00:40:16,690
but you didn't,
and I don't think you forgot.
977
00:40:16,790 --> 00:40:18,392
Let's go.
978
00:40:19,210 --> 00:40:20,150
Let me ask you this--
979
00:40:20,770 --> 00:40:22,950
did she tell you that
we offered her a deal
980
00:40:23,090 --> 00:40:25,359
before we went to trial?
981
00:40:26,210 --> 00:40:27,050
I didn't think so.
982
00:40:28,330 --> 00:40:29,550
She didn't tell you
983
00:40:30,250 --> 00:40:31,530
because she knew
you would accept.
984
00:40:32,570 --> 00:40:33,970
My God, you killed
your own son...
985
00:40:34,450 --> 00:40:36,050
...and I should rot
in hell for it.
986
00:40:36,210 --> 00:40:38,610
You deserve to walk
out of that courtroom.
987
00:40:38,710 --> 00:40:39,711
Why, Kay?
988
00:40:40,170 --> 00:40:41,190
Because she's not guilty
989
00:40:41,690 --> 00:40:43,858
or because you want
a corner office?
990
00:40:45,260 --> 00:40:46,528
Kay...?!
991
00:40:46,570 --> 00:40:48,110
You have to trust me,
Aunt Diane.
992
00:40:51,280 --> 00:40:52,615
Come on.
993
00:40:54,650 --> 00:40:58,053
We'll see you in court.
994
00:41:07,850 --> 00:41:10,090
Let's think about why
we send a person to prison.
995
00:41:11,450 --> 00:41:12,290
First and foremost
996
00:41:12,290 --> 00:41:13,950
we don't want the son of a bitch
to do it again.
997
00:41:15,610 --> 00:41:17,610
Mrs. Payton killed her son
998
00:41:17,610 --> 00:41:20,290
because of who he was
and what he did.
999
00:41:21,050 --> 00:41:22,310
She's not going to do it again.
1000
00:41:23,970 --> 00:41:25,810
So there must be another reason
to punish her...
1001
00:41:25,910 --> 00:41:27,044
Okay, how's this:
1002
00:41:27,930 --> 00:41:29,310
We've got
to rehabilitate her.
1003
00:41:29,410 --> 00:41:30,544
From what?
1004
00:41:30,650 --> 00:41:31,630
From trying
to save the lives
1005
00:41:31,730 --> 00:41:32,930
of people she doesn't
even know?
1006
00:41:32,930 --> 00:41:33,965
Now, that doesn't
sound right.
1007
00:41:34,810 --> 00:41:35,650
That should be a good thing
1008
00:41:35,690 --> 00:41:36,870
and not a punishable offense...
1009
00:41:39,810 --> 00:41:41,145
Okay, I know what
you're thinking.
1010
00:41:42,690 --> 00:41:45,710
This woman snubbed her nose
at the laws of this state
1011
00:41:45,850 --> 00:41:47,090
and a person just
can't do that
1012
00:41:47,170 --> 00:41:48,550
and get away
with it scot free.
1013
00:41:50,490 --> 00:41:52,550
It was the State
that let her down
1014
00:41:54,290 --> 00:41:57,510
and maybe, just maybe, we owe
her something in return.
1015
00:41:58,490 --> 00:41:59,330
I ask you
1016
00:41:59,850 --> 00:42:02,810
what act could possibly be
more courageous
1017
00:42:03,130 --> 00:42:07,668
than sacrificing your own son
for the greater good?
1018
00:42:08,610 --> 00:42:11,913
Should that really be a crime?
1019
00:42:21,740 --> 00:42:24,780
Did Mrs. Payton call the police?
1020
00:42:24,780 --> 00:42:26,120
That would have been
an act of courage.
1021
00:42:27,100 --> 00:42:28,120
But she didn't do it.
1022
00:42:30,060 --> 00:42:31,540
Did she tell her son's doctors
1023
00:42:32,460 --> 00:42:34,962
that he had already killed
innocent people?
1024
00:42:35,500 --> 00:42:36,640
That would have been courageous.
1025
00:42:37,460 --> 00:42:38,640
But she didn't do that either.
1026
00:42:40,180 --> 00:42:42,140
Yes, she's sympathetic.
1027
00:42:42,140 --> 00:42:43,180
I have a child myself
1028
00:42:43,860 --> 00:42:45,180
there but
for the grace of God...
1029
00:42:45,280 --> 00:42:46,582
but consider this:
1030
00:42:48,340 --> 00:42:52,020
Mrs. Payton had an opportunity
to tell you
1031
00:42:52,020 --> 00:42:54,480
that she killed her son to save
other people's lives.
1032
00:42:55,660 --> 00:42:56,880
And she didn't do it.
1033
00:42:57,780 --> 00:42:59,780
She had an opportunity
to tell you
1034
00:42:59,940 --> 00:43:03,560
that she acted to stop her
disturbed son's suffering.
1035
00:43:04,420 --> 00:43:06,480
And she didn't tell you
that, either.
1036
00:43:10,580 --> 00:43:15,620
Yes, hers is a tragic story.
1037
00:43:15,620 --> 00:43:17,080
But it's not
a defense to murder.
1038
00:43:24,540 --> 00:43:26,742
Will the defendant please rise?
1039
00:43:29,140 --> 00:43:30,580
Have you reached
a verdict?
1040
00:43:30,580 --> 00:43:31,420
We have, Your Honor.
1041
00:43:33,660 --> 00:43:35,140
On the sole count
of the indictment
1042
00:43:35,740 --> 00:43:39,140
Murder in the Second Degree,
we find the defendant guilty.
1043
00:43:40,260 --> 00:43:41,400
Thank you. You are hereby...
1044
00:43:41,540 --> 00:43:42,380
Excuse me, Your Honor
1045
00:43:42,380 --> 00:43:43,340
but we have a question.
1046
00:43:46,540 --> 00:43:51,612
I mean, do we have to send
this defendant to jail?
1047
00:43:53,100 --> 00:43:56,060
Fortunately, the Penal Law
guarantees her jail time.
1048
00:43:56,820 --> 00:43:59,022
So, Kay Hartley called
to take me to lunch.
1049
00:43:59,260 --> 00:44:00,600
She probably
wants to weasel
1050
00:44:00,820 --> 00:44:02,920
a sentencing recommendation
out of you. Good night.
1051
00:44:02,920 --> 00:44:03,760
Good night.
1052
00:44:03,760 --> 00:44:04,260
Good night.
1053
00:44:04,260 --> 00:44:05,595
It seems the only person who
wants Mrs. Payton in prison
1054
00:44:07,740 --> 00:44:08,580
is Mrs. Payton.
1055
00:44:09,620 --> 00:44:13,390
Well, we all do our emotional
penance in our own way.
1056
00:44:13,490 --> 00:44:14,700
Including Kay.
1057
00:44:14,700 --> 00:44:15,880
She'll have to work
that much longer
1058
00:44:16,100 --> 00:44:17,120
to get her name on the door.
1059
00:44:17,220 --> 00:44:18,180
Shame.
1060
00:44:18,280 --> 00:44:19,120
Yes it is.
1061
00:44:19,120 --> 00:44:21,623
Captioning sponsored by
UNIVERSAL NETWORK TELEVISION
1062
00:44:32,734 --> 00:44:37,372
Captioned by Media Access Group at WGBH
access.wgbh.org
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