All language subtitles for Law.and.Order.S06E22.Homesick.1080p.AMZN.WEB-DL.DDP2.0.H.264-playWEB_track3_[eng]

In the
criminal justice system

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

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

Won't be a second,
while I run in and
drop the bags and see the kid,

then you can
run me downtown.

Take your time,
meter's running.

Mr. Karmel.
Welcome home.

Thanks, Lila.
How's Evan.
He ask about me?

He hasn't learned
to talk since yesterday.

Well, maybe we ought
to get him one of those
touch-and-speak computers.

I saw one
at a store in Boston.

He's five months old.

Yeah, but the way
he watches the cat,
we're talking genius.

He has another hour
to go on his nap.

So? He'll go back to sleep
after he sees his old man.

Hey, big guy.
It's Pop,
home from the wars.

Lila, is he all right?

He was fine
when I put him down.

I can barely
feel him breathing.

Evan? Evan?

He feels cold.
I got a cab waiting.

Doctor,
what's happening
with my baby?

I'm sorry, sir.
We're still working on him.
It'll be just a few minutes.

Well, can't I be
in there with him?
He knows me.

He's not conscious.
Just give me a minute.

Baby's dead.

You haven't told him?

I wanted
to tell you first.

When the father
carried him in,

he was unresponsive,
poor perfusion,
bradycardic.

We intubated
and found heavy secretions
in his mouth.

His pupils were pinpoint,
one millimeter.

Poison.Yeah.

And it wasn't
from getting into
the cleaning supplies?

He's too young to crawl.

He didn't go to the poison.
The poison came to him.

And now
I get to tell that man
his child is dead.

And we get to ask him
who did it.

Evan just had
a check-up on Monday.

The pediatrician said
he was fine,

75th percentile
in height and weight.

I'm very sorry,
Mr. Karmel,

but we have to ask you
what your baby ate today.

I don't know.
I was in Boston.

What the hell
did he eat, Lila?

Just what
he eats every day.

You're
the babysitter,
Miss Crenshaw?

Au pair.
I live in, like...

Warren?WARREN: Wendy?

Warren, where is he?

What? Where is he?
I want to see him.

He died.No.

No, I want to see him!

Rey.WENDY: I want to see my baby.

Miss Crenshaw,
what did Evan eat today?

Mrs. Karmel gave him
a bottle in the morning
and some strained fruit.

A bottle of what?
And what kind of fruit?

A formula, Matrilac.
Plums, Baby's Best.

He won't eat
the other brands.

I gave him
another bottle later on

and the rest
of the jar of plums
right before his nap.

The jar was
just sitting around?

In the refrigerator.

The cap was on tight
and the button popped
in the morning.

I saw Mrs. Karmel open it.

How did Evan seem
when you placed him
in the crib?

Fine.

And I had the monitor on.

Didn't hear
anything unusual.

This is so awful.

It happened to
another au pair
a month ago.

I can't believe
it would happen again.

What happened
to another au pair?

The baby died.
His name was Matthew.

Nobody said poison,
but I don't think
they know what happened.

Cutting open babies
puts me in a bad mood.

How would we
be able to tell?

That's why I make
the announcement.

In Evan Karmel's stomach,
I find strained plums.

And the preliminary tox screen
brings up nicotine.

The kid was a smoker?

The kid was poisoned.

A heavy dose
will cause convulsions,
coma, paralysis, death.

And you're saying
it was in the plums?

Or ingested
around the same time.

What about the other dead baby
the au pair told us about?

I got the death certificate
and talked to the doctor.

Matthew Davis,
healthy until
the day he died.

They ascribed death to
a previously asymptomatic
metabolic disorder.

It happens.

Yeah.
How did he go?

Convulsions,
coma, paralysis.

The au pair
of our dead baby

knew the au pair
of the other dead baby
from the park,

same neighborhood,
same kind of parents.

And what kind
would that be?

Warren Karmel's
an investment consultant.

Wendy Karmel's
an investment banker.

They were apparently very
doting parents, when
their schedules permitted.

He's 48. She's 27.

My hero.

How about
the parents from the dead baby
a month ago?

Davis. Henry and Suzanne.
We'll talk to them.

We found him
in his crib
in the morning.

It was Sunday, and...

There's a doctor
who lives on the floor
above us who...

He tried to revive Matthew.

He called the ambulance.

And your son had
never been sick before?

No.

No, they said it was just
one of those things,
one in a million.

There were tests
that could have found it,

but we didn't have
any reason to do
those tests.

He was a very happy baby.

Were there any tests
done after he died?

There was an autopsy
before he was cremated,

but it didn't
find anything.

What about
a toxicology scan
for poisons?

There was no reason.

Do you remember
what your son ate
that last day?

Milk.

See, I was breast-feeding,

and he'd also just started on
some processed foods.

Do you remember the brand?

Well, yeah,
it was very highly rated.

Baby's Best.

Look,
we're detectives here, too.

We dream up anything
that could go wrong
in the bottling process,

and we take steps
to make sure
it doesn't happen.

Go on,
hit me with something.

Wrist watch falls
into the peaches.

We've got magnets.

And if your watch is plastic,
we've got strainers.

Plus,
nobody wears any jewelry,
no Kleenex, no nothing.

The uniform's
got no pockets
to put things in.

Okay, suppose a guy shows up
with poison in his shorts?

First of all,
he doesn't work here.
We know our people.

We test
every batch for purity,

and each jar
is vacuum-sealed
with a safety cap.

The top don't pop,
the kid don't eat.

You test every batch.
You don't test every jar.

Don't you guys
ever read the papers?

Product tampering,
every time it's happened,
it's happened in stores.

We're looking
at two possible cases.

Possible? I hope I'm not
going to be seeing
this on the evening news

unless you can
prove something.

Both families
lived in the East 70s,
near Madison.

East Side?

We're a big item
at the Food Boutique,
East 72nd.

Davis, yes, and Karmel,
they both have accounts here.

But so do 600 other families.
We're very popular.

You mind
if I take a look?

The Karmels buy
a lot of bottled water.

I don't think
it's a secret.

They order
their baby food
by the case?

Babies eat it
by the case.

Emily, take care
of this, please.

So those plums that went
to the Karmels were never
actually on your shelves?

I don't know, maybe,
if they bought the odd
single jar now and again.

They bought a case
two days before Evan died.

The cases are
factory-sealed.

With glue.
Not too hard to open.

But why would anyone
tamper with baby food?

Who would do
such a thing?

You tell us. Have you
had any problems
with your employees?

Any complaints
about tampering?

No, my employees are
very happy to have jobs.
They like it here.

Eighty-one people work
at the Food Boutique,

not counting stockers
employed by their vendors.

Two hundred twelve at
the Baby's Best factory.

Could start sorting through
them if we knew what the hell
we were looking for.

Priors?

No, we got
two shopliftings

and an assault
in a bar fight.
What does that tell you?

Gentlemen.

Here's the plan.

We're going to send out
293 psychological tests.

The Food Boutique,
it rang a bell.

A citizen complained
six weeks ago.

He opened a box of cereal
and found a hand-written
note inside.

"Blacks must die."

Do we all speak
English here, Mrs. Wessel?

We asked you about tampering,
you said there wasn't any.

It wasn't a serious matter.

Hey, why don't you
let us decide
what's serious,

and we won't tell you
how much to charge
for strawberries, all right?

One person complained.
Do you have any idea how
many people we deliver to?

Besides, it wasn't
tampering with the product,
just the package.

It wasn't even illegal,
freedom of speech.

Did you find out
who this Patrick Henry was?

Yes, some
punk delivery boy,
and we fired him.

It's over.

What's his name?

Are you going to arrest me
for having opinions?

Has the police department
been taken over by the blacks?

What about my rights?

Your rights don't include
tampering with food.

I slid my notes in the boxes.
I never touched any food.

I never opened
an inner bag.

Even when the stuff
went to a black baby?

I'm all for birth control
in the ghetto,
but I don't kill babies.

Anyway, have you been
to the Food Boutique?

The people
who shop there
are white.

The Davises
are black.

And the best tippers I had.
I wouldn't want to
piss them off.

How about the Karmels?
They tip big?

Karmel? The pretty wife
in the business suit.

Sure, I delivered to them.

Baby food?Everything.

I didn't have
anything against them.

She'd tip all right,
if she wasn't too busy
screaming at her husband.

They fought in front
of the delivery boy?

These people,
we're invisible,
like the air.

I could tell you
stuff about half
the Upper East Side.

And the Karmels,
in particular?

The husband was always mad
about Mrs. Karmel
working 12 hours a day.

She said, "You wanted
the damn baby, you stay home
and wipe his ass."

We called your home first.
We thought you might be there.

Why?

So I could stare
at an empty crib
and go out of my mind?

Just assumed you had
some arrangements to make.

My husband's making them.

This is a $300 million
takeover that closes
by noon tomorrow.

Well, I know that
people deal with grief
in different ways...

Look,

I could let
this deal go south,

but what good would
that do anybody?

It wouldn't make me
feel any better.

It wouldn't bring
my baby back to life.

You must have had
this kind of a situation
right along.

I mean,
the conflict between
work and child-raising.

I see,
women should be barefoot
and in the kitchen.

I didn't hear me say that.

We hired Lila to help us
through the conflict.

Why are we talking
about this?

Do you have any idea
what happened to Evan?
Was it the food?

Or something in the food.
He might have been poisoned.

Who would poison an infant?
It's crazy.

What do you think?
Was anybody acting
crazy around him?

Well, my husband's ex
wasn't exactly thrilled
with the divorce,

the remarriage
or the new family.

I guess I can't blame her.

But she wouldn't.

Yes, I was thrown aside
like a sack of garbage
after 24 years.

I was a little upset.

Maybe you were
still a little upset.

You called Mrs. Karmel
and told her you'd kill her.

I'm Mrs. Karmel.

Hey, Mom.

This is Ben,
my son, Warren's son.

These are policemen, dear.

How you doing? We were
just talking to your mother
about your brother.

Half-brother.

Yeah, it's terrible.

Dad's real upset.

You keep in touch
with your dad?

I see him
once in a while.

It's a whole other story.

Warren's in Chapter 2.

He'd like Chapter 1
to disappear completely.

It doesn't work that way.

What do you want from him?
He works hard.

Well, he also has
responsibilities.

Mrs. Karmel, were you
at your ex-husband's house
the day Evan died?

How would I get in?
They don't invite me
over much.

Ben,
you go to visit, huh?
You got a key?

Yeah. Why?

You ever borrow that key,
Mrs. Karmel?

What are you saying?
Maybe my mom killed Evan?

Your mom seems
pretty upset.

Yeah, well, she never
even went over there.

You ought to be
talking to Lila.

The au pair girl?

Damn right. Didn't they
tell you about the other time
she poisoned him?

It wasn't poison.
The baby was drunk.

Excuse me?

Brandy, I think it was.

Evan passed out.

Whoa. Can we back up
a couple of steps here, Doc?

The baby was teething.

My mom used to use Scotch,
rubbed a little on my gums.

Only Lila gave him
a couple of teaspoons.

Yeah, but she forgot
about the rubbing part.

Was that the only
emergency the Karmels had
with their baby?

Until he died,
yes, it was.

Like the doctor told you,
it wasn't poison.

It was an accident.

He was crying so much
from teething,
I just wanted to quiet him.

And if the brandy
didn't work, what next?
Cigars?

My mother used to
give my baby brother
a little brandy.

I didn't see the harm.
We do things differently
in England.

Right, like poisoning babies,
that's very English.

Here, we just
smother them with pillows.

It was one time.

Wendy locked
the liquor cabinet
after that.

I didn't kill Evan.
Why can't you believe me?

I'd like nothing better,
Miss Crenshaw.

But the poison didn't
drop out of the sky
into those plums.

Was there anybody else
in the house that day?

No.

But I took Evan
for a walk-around
at midday.

So you're saying
somebody could have come in
while you were out?

Yes. Exactly.

Like who?
Mr. and Mrs. Karmel?

Well, no.
They were away.

All right, who else?

Olivia, the housekeeper.

She comes on Thursdays.
She has a key.

When you were
feeding the baby,

why didn't you notice
the plums smelled funny?

I wouldn't notice
things like that.
I think baby food's revolting.

How about when you put him
to bed? You didn't
notice he was crying?

Yes, but he always cries.
He has colic.

If you let him
fuss a while,
he goes to sleep.

And how long did you
listen to him "fuss"
on the baby monitor?

I'm not sure.

Did you even
have it on?

Yes, of course.
There's a speaker in
the kitchen and in my room.

So you heard him vomit?

I thought
he was spitting up.

How could you be so sure?
How could you
not check on him?

I'm not his mother!

I came here to be
an art student,
not a bloody wet nurse!

Look, I did the best I could.

I swear I did.

Well, there's
one British nanny

that won't be signing,
"Chim chiminey."

Just because
she's not interested
in other people's babies,

doesn't mean
she wants to kill them.

It might if you were
cooped up with a screaming
five-month-old all day.

This isn't Iraq.
She wouldn't be flogged
for trying to leave.

You know the terms
of her employment?
I don't.

Let's find out.
In the meantime, I don't see
how we can hold her.

We could lose her
in the system for a while.

I'm sure you're
completely off base
about Lila Crenshaw.

She's a lovely girl
with the best references.

You checked them
out personally?

Personally, no,
but we have agents overseas.

If we had the slightest
doubts about Lila,

we never would have
paid her way over.

And you have
an employment contract
with her?

Yes, she had to
guarantee us a year,

and we hold on
to her plane ticket
till then.

And if she can't
wait that long?

Well, then she gets home
on her own nickel.

Of course, if there's
a dire circumstance,

we'll assume
full responsibility
to get her home.

Would having a baby die
while in her care qualify
as a dire circumstance?

Yes, but what
you're suggesting
is grotesque.

Lila felt very
fortunate to be here.

She's devastated
by what happened.

You spoke with her?

She came here,
looking for her ticket home.

Look, if Lila was unhappy,

neither the Karmels
or the Franklins ever said
anything about it.

The Franklins?
Who are the Franklins?

The first family
she was placed with.

She was with them
for three months,

then Mrs. Franklin
quit her job
to care for her child.

That's why
they let her go.

It became obvious
no one could take care
of Gwen as well as I could.

Meaning Lila wasn't
taking good care of her?

Now you're putting
words in my mouth.

Mrs. Franklin, we need you
to be straightforward with us.

Why did you
get rid of Lila?

She didn't seem
to bond with Gwen.

When she was off-duty,
she took no interest
in her at all.

Were you ever concerned
that she might
hurt your daughter?

My husband was.
It was irrational.

He installed one of those
hidden TV cameras

to watch them
when we weren't around.

And?Nothing.

I mean, Lila might have been
a little slow to respond
when she cried.

She wouldn't
pick her up right away,

but there was no abuse
or anything like that.

But you were worried enough
to want to get rid of her?

Not really.
I wanted to take care
of my baby myself.

And then we got tired
of paying Lila's
medical bills.

And what was the problem?

First it was her teeth,
then she got rashes.

We thought it was
from our cat or the plants
she kept in her room.

We paid for tests.

But it wasn't allergies.
The doctor said
it was depression.

Depression?
Over what?

We didn't ask.
We just wanted her out.

And you didn't bother
to report any of this
to the agency?

Lila asked us not to.
She was afraid
they'd just send her home.

You see,
she'd met this boy, Kevin.
He worked at the Hauser.

It was that accent.
It drove me wild.

She even moaned in British.

And they say
romance is dead.

How long were
you hooked up with her?

I saw her a couple of times
a week for a while.
I bailed a month ago.

She wanted to move in.

What, she didn't like living
with the Karmels?

Hated it, especially
being around the kid.

That's how I met her.
Every chance she got,
she'd come here.

She'd sit in the garden,
she'd draw.

She could name me
every plant we had,

said the place reminded her
of her parents' rose garden
back in England.

She ever talk
about going home?

Only all the time.

I didn't get it.
I mean, besides
the beer and the music,

what's the deal
with England?

Well, she could've
caught a plane out of JFK.
Why didn't she?

Tickets cost money.

They paid her a whole
100 bucks a week.

Anyway, she spent her money
on other things.

And since you broke up,
have you seen her?

I went out of my way not to.

She stopped by here
a few times.
She called me at my home,

like all of a sudden

I was the big thing
in this chick's life.

Yeah, go figure.

I found poison
only in this bottle
of plum puree.

Nicotine's
the definite culprit.

Well, in the old
news department,
you're two-for-two.

I also isolated faint amounts
of chlorine, sulfur, triforine
and ammonium sulfate.

Giving us what?Pesticide.

Nicotine's
the active ingredient.

It's a specialty item,
used mostly
against rose aphids.

And babies.

By someone
with a green thumb.

Of course you can
search her room.

You can look
anywhere you want.

It's unlocked.

I've got a diary.

"Five months until I can
go home. I can hardly
stand five more minutes.

"I just wish
I could run away.

"The way they spoil
this mewling child,
it's repulsive.

"Let them clean
his dirty nappies
just once,

"then see how much
they love their
precious little bundle."

The little bitch.

Hey, Lennie,
we've got chlorine,
sulfur,

triforine,
ammonium sulfate
and nicotine.

And I guess the skull
and crossbones means

it's not quite fit
for human consumption.

Looks like a receipt.

Cash purchase,
day before the baby died.

Call the station.
Tell them
they've got to keep her.

It's about time.
They kept telling me
they misplaced my paperwork.

We've got it straight now,
Miss Crenshaw.

Turn around, please.

What's going on?

Lila Crenshaw,
you're under arrest for
the murder of Evan Karmel.

You have the right
to remain silent.

Anything you do say
can and will be used
against you in a court of law.

One question, Jack. Why?

Why not?

Hell, that should
really play with the jury.

Look at the evidence, Ruthie.
The poison in her room...

It wasn't poison.
It was some kind of
plant fixer-upper.

Well, that's
an interesting way
to look at it.

Hey, I grew up
on West 67th Street.

What do I know
from plants?

Whatever you want to call it,
Forensics says it's what
killed the baby.

"A" to "Z" is
a very long road.

And Lila's diary
sure eases the trip.

What, because the kid
got on her nerves?

It's obvious you haven't
had the pleasure, Claire.

And I'm not likely
to in the near future,
thank you.

You should have heard
what came out of my mouth

when Andrew decided he was
hungry or bored or lonely
at 3:00 in the morning.

Every morning.

Lucky for Andrew,
you had restraint.

And you can't prove
this girl didn't.

Not that I don't enjoy
the visit, Ruthie,

but I have to get back
to your original question.
Why?

Old time's sake.

And just so I can
bill the time,

a motion to exclude
your so-called evidence.

Always a pleasure.

I read the arrest report
and the affidavits opposing
my motion, and guess what?

I didn't see
the word "warrant"
mentioned once.

But the word "consented"
must have been in there
five or six times.

Consent by whom?
Nobody talked to my client.

Your client was living
in the Karmels' house.

Surely Mr. Karmel
has the right

to open a bedroom door
on his own property.

Property set aside
by the Karmels

for Miss Crenshaw's sole
and exclusive use.

She was a de facto tenant.

I have cases
up to here that say

a landlord cannot
consent to a search
of a tenant's quarters.

Was there a lease?Of course not.

The defendant is
the Karmels' employee.

And I've got a pile
of cases just as high

holding that
an employer's consent is
binding on an employee.

But only for a search of
the employee's work area

and only for items
related to the job.

Lila made it clear
this bedroom was
her personal space,

her little bit of England,
if you will.

Why do you think
she had the door closed?

Closed, but not locked.

I assume that neither of
those piles has anything
squarely on point.

Ah...

I love making new law.

I am going to exclude
the evidence found
in the girl's room.

Your Honor...

Mr. McCoy,

do you have
the expectation of privacy
in your bedroom?

Judge Beth Kreiger.

She always wanted to be
Learned Hand.

Well, she just ruled us
out of a conviction.

Not necessarily.

Come on, Jack,
we don't have the poison.

We don't have the diary.

Lila Crenshaw fed the baby.

She's the only one
who had opportunity.

Just like
that Swiss nanny
up in Westchester.

Right now,
she's drinking cocoa
and skiing down the Alps.

Because the Westchester D.A.
couldn't provide motive.

And we can?

You're doing it
to me again, Jack.

She's guilty, Liz.

And how are you so sure?

Both parents were
out of town,

the ex-wife worked
9:00 to 6:00,
her son was in school,

the au pair was
the only one
with opportunity.

She admitted
she fed him the plums.

I just want you
to shed some light.

And then you'll bitch
and moan if you don't get
the results you want.

It doesn't work
that way, Jack.

I can't analyze
someone I haven't met.

I'm not asking you to.

She's 5,000 miles
from her family.

She's alone.
She's homesick.

A doctor already said
she was depressed.

So she killed the baby?

It was going to get her
the back half
of a round-trip ticket.

It's a great theory.
Why don't you
get on the stand

and let Ruthie Miller
make a fool out of you?

Because I'm not an expert.

On lonely nannies?
I'm not either.

But you are on
the psychology of murder.

Why, Jack,
that's the sweetest thing
you've ever said to me.

She killed the baby, Liz.

A jury's going to
want to hear motive.

I can only reference
case histories.

That's all I want.

All right.

For the record,
Dr. Olivet, have you
examined the defendant?

No, I haven't. But I read
the file, including
the witness statements.

And what did you infer
from what you read?

The defendant was never
trained for the care
she was expected to provide.

Often that creates a lack
of self-worth and feelings
of isolation and helplessness.

And depression?RUTHIE: Objection.

I'm asking
a hypothetical question.

Overruled,
answer the question.

Oftentimes, yes.

Have you examined
a baby-care provider accused
of killing one of her charges?

No, I haven't,
but Dr. Karl Jaspers studied
several such cases.

And what did
Dr. Jaspers find?

Extreme homesickness,
isolation and depression
in nursemaids

resulted in violence
toward the babies.

In other words,
they viewed the babies
as the cause of their misery?

Yes.

Thank you.

I was homesick
at sleep-away camp.
I didn't kill my counselor.

Objection.Sustained.

Dr. Jaspers' study
to which you refer, was that
Homesickness and Crime?

Yes.

And geographically speaking,

where was this
study conducted?

In Germany.

And exactly when
was it conducted?

1907.

Hell, Germany in 1907,
I'd be depressed, too.

Objection.RUTHIE: Withdrawn.

Tell me, Doctor, did any
of Dr. Jaspers' nursemaids
live in a townhouse

with central air, heat,
a 20" color TV with VCR,

unlimited long-distance
telephone calls home?

Objection.Sustained.

Enough, Miss Miller.

Never you mind, Doctor.

Well, a week
before Evan died,

I was at my dad's house
to use his computer.

Please tell the jury
what you witnessed that day.

Approach, Your Honor?

He's trying to
impugn my client's character
with irrelevant testimony.

I'm going for motive,
Your Honor.

Please, you're trying
to introduce prior bad acts.

You wouldn't be trying
to pull a fast one,
would you, Counselor?

Good, because I am
leading the league
in contempt citations.

Keep that in mind.

You may answer
the question.

Lila heated up
a bottle of formula
to give to Evan,

but she didn't check
the temperature
before feeding it to him.

He screamed.

And what did Lila do?

She screamed louder,
like it was Evan's fault.

What exactly
did she say?

"Shut up.

"I hate you."
Stuff like that.

It was the last time
I saw him.

What did your dad say
when you told him
about the incident?

I didn't tell him.

Well, what about
your stepmother?

I didn't tell her, either.

Thanks.

I left for Chicago
on the 7:00 flight.

I had a closing
for YHF.

Did you see Evan
before you left?

Yes.

I always kiss him goodbye.

I fed him his favorite.

Plums.

What did you do
with the bottle
after you were done?

I put it in the refrigerator.

Did you notice
anything wrong with Evan
after you fed him?

No, and he was fine
later on that afternoon.

How do you know that,
Mrs. Karmel?

I called home
during one of my breaks.

Lila answered.

She was holding him.

He was giggling.

Mrs. Karmel,

were you aware
when you hired Lila

that she had just been
dismissed by another family?

Of course not.
I relied on
the agency to...

I see.

And how much research
did you do on this agency?

Excuse me,
I didn't quite hear you.

My secretary's
sister used them.

I see.

And what was her name?

My secretary?

No, her sister.

The court reporter
has to take this down,
Mrs. Karmel.

I don't know.

Yeah, but I'll bet
she was trustworthy,
right?

Objection.

You made your point.
Counselor, move on.

Does your husband work,
Mrs. Karmel?

Yes.

He's an investment consultant,
a partner at
Moore and Chapman.

Good for you.

I bet he brings home
a pretty buck.

What if he does?

I see where you're going
with this, and
I think it's disgusting.

Let's move along,
Counselor.

How often does your job
require you to be
out of town, Mrs. Karmel?

It's hard to say.

More than once a week?

Yes.

Two days a week?

Yes.Three days?

I work very hard.

And, yes, I travel,
but that doesn't
mean that I...

Yes, I know,
you have a very
responsible position.

Tell me,

how many naps
did Evan take
during the day?

I don't know.

What's his favorite toy?

I loved my baby.

Sure you did.
You just didn't have
any time to spend with him.

Objection!

You didn't know
anything about him
because you were never home.

Objection, Your Honor.

You didn't know what
the hell was going on
in your house during the day

because you had
a responsible position.

Enough, Counselor.

I'm making my case
for reasonable doubt,
Your Honor.

Because Mrs. Karmel was
constantly and unnecessarily

and selfishly
flitting around the country,

she wouldn't even know
if O.J. was taking tea
in her kitchen.

I said enough.

After this session,
you will write a check,
Counselor, $500.

Fine.

Oh, um...

One more question,
Mrs. Karmel.

What was the reason
for your phone call
home from Chicago

the day your baby died?

I was expecting
some documents from Paris.

I wanted to know
if they had arrived.

Hey.

Nice show today.

I love that part
of the canons that
requires zealousness.

Tea to go.

Come on.
I mean, the woman
just lost her baby.

You made her look
like Lizzie Borden.

It's funny, Lizzie Borden
whacks her family

and becomes
a feminist cause celebre.

And Wendy Karmel didn't,
and you used her to
set feminism back 50 years.

Because I showed
how negligent she was?

Because you're playing
on the misconceptions
held by half of that jury.

I see. You think work
and family are both
entitlements of women.

It's a personal choice.

You work, you have a kid.

Do you think I'd be
doing this if Martin didn't
run off with his dentist?

Wild horses
couldn't drag you
out of a courtroom.

I don't think
your 5-year-old
stands a chance.

Believe it or not, Claire,
I do worry about
what Andrew's missing

and what I'm missing.

Who knows?
Maybe my priorities
are a little screwy.

I never thought
I'd hear that
coming from your mouth.

Walk a mile in my shoes,
then talk to me.

Tick-tock, girl.

Madam Foreperson,
you have had
three additional days

to deliberate
upon this charge.

Has anything changed
since we last spoke?

No, Your Honor.

So in your opinion,
additional time
would be fruitless?

Unfortunately, yes.

Then I find this jury

hopelessly deadlocked
and incapable
of rendering a verdict.

I declare a mistrial.

The attorneys will appear
two weeks hence
to discuss a new trial date.

The defendant's bail
will be continued.

Seven-to-five
against conviction.
It's unbelievable.

Five more than they got
in Westchester.

Well, that's
certainly gratifying.

On retrial, we'll pick
a more enlightened jury.

Yeah.

Find me 12 citizens
who think a woman's place

is closing
billion-dollar deals
in Chicago.

Lila Crenshaw killed
a baby, Adam.

We're not just
going to let her walk.

Who knows? Maybe Ruthie
won't be representing her
on retrial.

Ruthie Miller,
who's paying her bills?

The British Consulate.

Go to tea.
Offer her a crumpet.

You schlep
all the way uptown,
I'm flattered.

I assume it's not
to offer congrats.

Man one with
a sentencing recommendation.

What does that mean?

It means
they're rolling over
and playing dead,

only they think
we won't notice.

I didn't kill Evan.

Five people
on that jury
thought you did.

And seven
thought she didn't.

Go ahead,
retry the damn thing.

You keep going long enough,
the parents will end up
in Attica.

I hate to say it,
but she might be right.

You can't attack the victim,
go after the parents.

The only way to prove
Lila spiked the baby food

is to put Wendy Karmel
on the stand.

As soon as we do that,
Ruthie rips her a new one.

I never did like
chasing my tail.

But it's a lot of fun
when you catch it.

We've been circling in
the wrong direction, Claire.

Depraved indifference?
You're kidding me.

I'm very serious.I get it, I get it.

My client, the sadist,
over-sprayed her petunias.

It leaked
into the jar of plums
in the closed refrigerator.

Hell of a theory, Jack.

On the contrary,
our theory now

is that Lila had nothing to do
with poisoning the food.

And she is guilty because...

Because she heard the baby
crying and vomiting
after she fed him,

and she chose to ignore it.
She admitted
as much to the police.

Excuse me, people, actus reus,
did anybody ever hear of it?

You have to actually
do something to be
held criminally liable.

Unless you have a duty to act
and knowingly disregard it.

Miss Crenshaw was
the employee entrusted
with the baby's care.

In fact, as counsel
proved so adequately
in the first trial,

she was the only one
so entrusted.

Don't you see
what they're doing?

Let me see,
changing theories,

that makes the parents'
testimony irrelevant.

Ergo, you cannot libel them
around the courtroom.

How am I doing,
Counselor?

Very well, Your Honor,
only there's more.

Under this theory of the case,
motive becomes
irrelevant as well.

I'm impressed.

Defense motion
to dismiss is denied.

Thanks for schlepping
downtown, Ruthie.

Cute.

So is that deal
still on the table?

I told you,
we don't just roll over
and play dead.

How many times has
Mom told me, "Ruthie,
you got a big mouth"?

What happened to
your client's innocence?

Went out with the bath water.

I guess that isn't funny.
We'll talk.

Do me a favor, Claire.
Re-prep all our witnesses.

Wait a minute, now.

That lawyer of hers
is not going to start
ripping me apart this time.

Well,
we'll do our best.

Now, Jack will want to ask you
about that milk incident.

Just say
the same thing
as last time.

Is there anything else
you remember,

anything at all that might
make Lila look irresponsible?

There was this one time.

I saw the stroller
all alone on the steps.

Evan was in there crying.

Okay. Where was Lila?

She said she was
checking the mail
or something.

Did she say anything else?

She said I should
stop snooping around
when Dad was out of town.

Is there something
wrong, Ben?

I know if I say anything,

that lawyer's just
going to make it look
like I'm responsible.

Okay, tell me.
If we don't have to
bring it up, we won't.

I knew she had
that plant stuff.

I saw it in her room.

I had no idea
what she was going
to do with it.

He actually saw
the pesticide?

That's what he said.

If he said it
before the first trial,
we might've had a shot.

He's a kid, Jack.
He didn't know.

Is he going to
hold up this time?

It's pretty cut-and-dried.

He saw Lila
leave the baby alone
on the front steps.

And that
boiling milk incident,
blah-blah-blah.

Let me see
the trial transcript.

Okay, the police report.

What?

At the trial, he said
the last time he saw Evan was
a week before the murder,

that milk incident.

So?

So Lila bought the pesticide
the day before Evan died.

He's lying, Jack.

Uh-oh. This wouldn't be
good news.

Is it ever?

There's a chance
the Karmel boy's lying.

Is there a chance
that the English girl
didn't do it?

There might be.

Trial's when, tomorrow?

Which means the jury's
already been sworn
on the case against the girl.

Jeopardy's attached.

We drop it,
we can't retry.

Ben Karmel made it
through one trial.

There's no reason
to think he won't make it
through another.

Well,

just because he's a kid
doesn't mean he has to be
handled with kid gloves.

You want me to beat up
on my own witness?

Ruthie Miller loves
to go for blood on cross.

Open the door for her.
See what happens.

Evan was in the stroller.

He was crying.

I renew my objection.

And I renew
my prior decision.
Overruled.

Please continue.

Lila was in the house.

She told me she was
just checking the mail.

When, if ever,
did you see Miss Crenshaw
use pesticide on her plants?

I never saw her
actually use it, but
I did see it in her room.

Thank you.
No more questions.

You owe me.

You loved your brother,
didn't you?

Sure.

So it must have
occurred to you

that telling a little lie
might help the prosecution
convict Lila Crenshaw.

I'm not lying.

Okay, maybe
exaggerating a little.

Everything I said is
exactly what happened.

Good.

Now that we've got
that out of the way,

where were you
the day Evan died?

In school.

And if we check
the school records,
that's what we'd find?

Yeah.

Good.

Because my assistant
is on the telephone
with the school right now.

Okay, look, maybe
I ditched a few classes.

And do you have a key
to your dad's house?

What's going on?

Please answer the question.

Yeah.

And were you in the house
the day Evan died?

No!

I think we've got
what philosophers call
a conundrum, Ben.

Let's review, okay?

We've already established
that you're telling the truth.

We've also established
that the last time
you were in the house was...

A week before.Yes.

That's right.

But here's
the confusing part.

You saw the damn pesticide.

What's the paper
I just handed you, Ben?

Looks like a receipt
for the pesticide.

And when is it dated?

March 31st.

The day before
your brother died.

Let's probe further,
shall we?

When you ditched school,
where did you go?

Met game.

Hey, opening day.

I was there, too,
with my son.
Who'd you go with?

Friends.

What are their names?

I don't know.

You guys must be tight.

Where did you sit?

I'm sorry.

I'm sorry.

I'd like to see
counsel in chambers.

Before we go
any further, son,

I just want you to know,

you are entitled
to speak with a lawyer.

What's a lawyer
going to do?

You weren't at the game,
were you?

You went to
your dad's house.

We were supposed
to go to the game.

We went every year.

You killed Evan
because your dad forgot?

Because he forgot
everything.

I'm supposed to be
his son, too, you know.

I'll get the court officer.

Hey, what the hell's going on?
Where is he?

You son of a...

I'll break your neck.

Go ahead, Dad.

What can I say?
When I'm right,
I'm right.

Come on, you were ready
to send her away
for 10 on man one.

But thanks to
your massive egos...

You know,
we're all full of crap.

What's with him?

You won, Jack.
The bad guy is in jail.

It's guilt.
Another round will
wash that all away.

Damn. Rain check, okay?

I should have been home
for the kid an hour ago.