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In the criminal justice system
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the people are represented by two
separate yet equally important groups,
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the police who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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You the cable man? All day.
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Thank goodness.
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Mrs. Lerner was home all weekend
with Mr. Lerner and no food channel.
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Yeah, well, she's not home now.
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She probably
didn't hear the bell.
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How many times
did you ring? Enough.
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That's what I like, a
man anxious to do his job.
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That's me. Mr. Anxious.
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Good day, Mrs.
Lerner. Coming up.
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Hello.
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Mrs. Lerner.
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The cable man's
here. Mrs. Lerner?
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Vics are Eileen and David
Lerner. Maid found them.
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You got a point of entry?
Broken window in the kitchen.
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We got a blood trail from the
bedroom, takes him out the same way.
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It's nice and tidy.
Anything missing?
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We're still doing an
inventory with the maid.
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These people lived here alone?
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Maid said they
moved in last year.
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They got a daughter that
lives uptown. She's on her way.
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Thanks.
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Nice color scheme. Didn't
eat breakfast, did you?
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Couple of dozen stab
wounds each and still counting.
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Judging by the blood glutting
around the male vic's head,
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I'd say they've been
dead at least 24 hours.
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Still tucked in. Didn't
know what hit her.
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Yeah, well, he's not so lucky.
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Stab wounds, both
hands, through and through.
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So the wife's attacked first. He
wakes up, tries to fight the guy...
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"David and Eileen.
Twenty-five years of joy."
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Till death did them part.
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Twenty-five years and they're
still sleeping in the same bed.
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Then some animal
comes along and does this.
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You find the murder weapon?
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Searched the house, the yard, the
alley and two blocks four ways. Nothing.
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Looks like a 10-inch,
single-edge knife did it.
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Weapon of choice
at Thanksgiving.
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The set in the kitchen
was missing a carving knife.
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So he entered the house unarmed?
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He didn't know the Lerners
were gonna be home.
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Once he got inside he
heard a noise upstairs
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and decided to do
something about it.
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Did he help himself
to anything else? No.
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Jewelry, cash, silver settings.
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They're all present
and accounted for.
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I'm not getting a
read on this one.
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If he's there to kill them,
why enter the house unarmed?
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If it's burglary, why
leave empty-handed?
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Well, maybe butchering the Lerners
tired him out, or he was in a hurry.
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Well, he had time to freshen up.
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According to Forensics,
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they found blood mixed
with water in the kitchen sink.
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- Any hits on prints?
- No, nothing.
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Besides the Lerners and
their maid, we got 38 unknowns.
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Thirty-eight? They must've
been a popular couple.
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Yeah, with carpenters,
painters and plumbers.
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They were fixing up the house.
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But here's the real deal,
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partial right thumbprint on the
headboard in Mrs. Lerner's blood.
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It matches the prints found
near the broken window.
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So we get prints from the
workers and the maid's family,
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and see if any of them match up.
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00:04:00,974 --> 00:04:04,843
And check back with Forensics,
maybe this guy's MO will tell the story.
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Lady went first.
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00:04:08,949 --> 00:04:11,851
The angle of the wounds suggests
he was on the bed, straddling her.
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He hit all the major landmarks,
stomach, kidneys, liver, heart.
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That's about as
deliberate as it gets.
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And how. This one goes
off the gruesome meter.
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See this blood-spatter
pattern above the headboard?
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That's the cast off of a
knife moving hard and fast.
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Thirty five at bats, and
he never missed his target.
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Great, we'll make him
the MVP. He earned it.
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Struggling in the dark with his
victims, and he never hits the bed?
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Guy knew what he wanted.
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I'm getting married next summer.
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I can't believe
they won't be there.
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You have any idea who'd
want to hurt your parents?
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I can't imagine anyone would.
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Everyone who ever
met them loved them.
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Well, we all want to think that about
our parents, but it's not always realistic.
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I was born and raised in this
city. I know what people are like.
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My parents were different.
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Even the nicest people
can make enemies.
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We have to ask this,
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did your parents ever gamble
or have any financial problems?
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Does it look like they did?
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Sometimes these fixer-uppers
can drain a bank book pretty fast.
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They could've borrowed
money from the wrong people.
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No, they bought this house
because it needed work.
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It was their dream house.
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Since the day they moved in here
last year, they spent every minute
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restoring every piece
of tile, every doorknob.
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Sounds like a full-time
job. Were they retired?
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They own... Owned
a small ad agency.
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Pharmaceutical advertising.
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We've had no bomb threats,
no letters, not even a phone call.
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Who the hell gets worked
up over cold medicines?
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Didn't some drug
company get in trouble
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because they had the wrong
number of stars in their logo?
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Some religious fanatics
spread rumors about Satanism.
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But that was years ago, and that
company is not one of our accounts.
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Well, how about a
disgruntled employee?
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Anybody complain about
their Christmas bonus?
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Eileen and David treated
their employees very well.
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Sounds like Santa's workshop.
They never had to fire anybody?
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Since this agency opened, only
two people have left against their will.
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One died and the other
was deported by the INS.
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And Eileen went to
Washington to stop that.
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Well, no disrespect, but they
sound a little too good to be true.
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I can think of only one
person who might agree.
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Bob Frankel.
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Finally. What did
they do to Bob?
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He was partners with Eileen
and David before they broke away.
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They took Symtac, the primary
account, and started this agency.
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Well, that must've hurt.
Did Frankel take it in stride?
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I doubt it. He went bankrupt.
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Oh, yeah. I have fond memories
of those days, Detectives.
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Eileen and David
left me in ruins.
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I'm just now crawling out
from under chapter seven.
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Yeah, you could say I would
have liked to have killed them.
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If you're trying to clear yourself
in a murder investigation,
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you're not going
about it the right way.
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I don't mind telling you how I
feel because I didn't kill them.
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Look, what they did to
me was the best thing
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that could've happened to me.
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It made me realize how much I
really hated the advertising game.
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Whatever anger I
felt, I turned it into this.
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Yeah, well, some people
never learn to forgive and forget.
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So, just for the hell of it, where were
you last Saturday night at 1:00 a.m.?
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Kenya.
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I'm developing a private
blend for my Gen X crowd.
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And I call it Java Jive.
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Latent ran that
bloody thumbprint
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against everyone known to have
been in that house in the past year.
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They got nothing.
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You run it against the
short list of enemies?
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The Lerners don't have enemies.
These people were saints.
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The only guy they ever screwed
thinks they did him a favor.
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You're saying someone picked
their name out of the phone book
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and dropped in on them?
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It happens. Some nut-job forgets to
wear his aluminum-foil hat one morning.
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All of a sudden, voices
in his head start telling him
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to go ring doorbells
and stab people.
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Well, I don't like
unsolved mysteries,
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so before we hand it
over to Robert Stack...
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We know. We know. Yeah,
walk through it one more time.
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All right. Forensics says our
guy was standing over her,
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and that she went
first. They're asleep.
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Does she see him? Does she
scream? She was still tucked in.
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So our guy leans over, and he leaves
a right thumbprint on the headboard.
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That probably makes him a lefty.
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Husband wakes up. They
fight. The husband loses.
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Okay, they're both dead.
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Okay, so now what does he do?
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He doesn't steal anything. He
goes downstairs and washes up.
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I'm sorry, am I in the way
here? No, no, not at all.
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This isn't gonna take very long,
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but maybe you'd rather
not have to listen to this.
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It's okay.
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All right. So, he
walks into the kitchen,
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he cleans up at the sink,
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and then he goes out
the way he came in.
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Why climb back out the window when
he could just walk through the door?
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Key-locked deadbolt, that's why.
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And latents didn't find
his prints on the doorknob.
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He didn't even try to open it.
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And there's no prints on
this side of the door, either.
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He gets into the
garden from over there.
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So why does he pass
that door, come over here,
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climb over all this crap
to get into the window?
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Maybe he's psychic and
he knew the door was locked.
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Manhattan Security Services.
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These holes in the
masonry, Ms. Lerner,
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was there a different kind of door
here when your parents moved in?
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It was a security door.
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My parents removed it when
they remodeled the kitchen.
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They wanted a
view of the garden.
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When my parents bought this
house, it looked like Fort Knox.
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So does half of New York.
Who used to live here?
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00:09:50,223 --> 00:09:53,125
Warren Bartlett. The divorce
lawyer. You may have heard of him.
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00:09:53,193 --> 00:09:55,719
Yeah. You can't open Page
Six without reading about him.
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That's the guy who
destroyed a lot of lives.
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Oh, my God. You mean, my parents
may have been killed by mistake?
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00:10:09,509 --> 00:10:12,206
This is unbelievable.
Those poor people.
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00:10:12,278 --> 00:10:13,837
Well, it's still just a theory.
191
00:10:13,913 --> 00:10:16,508
We can't really be sure
you were the intended victim.
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00:10:16,583 --> 00:10:18,643
But then again, in
your line of work...
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I reach the pinnacle of my
profession, I have to live like a prisoner.
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00:10:22,989 --> 00:10:26,687
Cameras, security doors,
letter bomb analyzers,
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00:10:26,759 --> 00:10:28,785
a bodyguard when I go to court.
196
00:10:29,596 --> 00:10:31,622
I mean, it's not as if we
don't serve a purpose.
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00:10:31,698 --> 00:10:33,428
Do you know how many
matrimonial attorneys
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00:10:33,500 --> 00:10:34,695
were attacked last year?
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00:10:34,767 --> 00:10:36,599
I know one who should have been.
200
00:10:36,669 --> 00:10:38,763
Did anybody ever
show up at your home?
201
00:10:38,838 --> 00:10:41,364
Actually, that's why
we sold the brownstone.
202
00:10:41,641 --> 00:10:44,167
Now I live in a doorman
building. High security.
203
00:10:44,244 --> 00:10:46,372
Well, we're gonna
need some names.
204
00:10:47,514 --> 00:10:48,538
Why?
205
00:10:48,615 --> 00:10:51,983
Could be one of your clients'
exes didn't know you relocated.
206
00:10:54,020 --> 00:10:56,546
You think you're
being smart, cautious.
207
00:10:57,023 --> 00:11:00,892
You sign a pre-nup, you know,
just in case it's not happily ever after.
208
00:11:01,361 --> 00:11:03,387
My ex goes to Bartlett.
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00:11:03,463 --> 00:11:07,332
Voilà, the pre-nup's not
worth the paper it's written on.
210
00:11:07,400 --> 00:11:10,029
It's America. We have
to pay for our mistakes.
211
00:11:11,104 --> 00:11:14,336
How many mistakes do you
make that cost 30 grand a month?
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00:11:15,942 --> 00:11:19,310
I might wanna smack him around
myself. Somebody beat him up?
213
00:11:19,379 --> 00:11:21,177
Somebody tried to kill him.
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00:11:22,649 --> 00:11:24,174
Hey, bully for them.
215
00:11:25,485 --> 00:11:28,614
Closest I ever got was
throwing a chair in a deposition.
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Look, that was eight years ago.
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I've gone through
three wives since.
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If I was going to try to kill a divorce
lawyer, he's way down on my list.
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Learned my lesson, man.
Never mess with the talent.
220
00:11:51,844 --> 00:11:54,837
Tina had the voice of an angel,
but she had a tail and horns.
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00:11:54,914 --> 00:11:57,315
We heard Bartlett really
cleaned you out in the divorce.
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00:11:57,383 --> 00:11:59,409
You lost the house,
the studio, the car.
223
00:11:59,485 --> 00:12:01,511
Don't believe
Bartlett's B.S. PR.
224
00:12:01,588 --> 00:12:03,887
I threw money at him
to make Tina go away.
225
00:12:03,957 --> 00:12:06,825
Besides, this business is a
license to print the green stuff.
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00:12:06,893 --> 00:12:08,904
The way he tells it, you
weren't just throwing money.
227
00:12:08,928 --> 00:12:11,762
You were throwing punches,
threatened to kill him.
228
00:12:13,266 --> 00:12:15,861
You try two days locked
in a room with the wife,
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00:12:15,935 --> 00:12:18,871
Bartlett and my suit who
goes out at $300 an hour,
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00:12:19,339 --> 00:12:21,672
being grilled over
every nickel and dime.
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00:12:21,741 --> 00:12:24,006
You'd lose your
cool, too. Maybe.
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00:12:24,544 --> 00:12:27,104
But you see, you used
the magic word, kill.
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00:12:28,248 --> 00:12:32,913
Bartlett threatened to go to the cops.
Tell them I was dealing coke. Real crap.
234
00:12:33,253 --> 00:12:35,950
Said he'd tie me up in criminal
court till next year's Grammys.
235
00:12:36,022 --> 00:12:38,423
He did his homework.
Yeah, well...
236
00:12:38,958 --> 00:12:41,257
My shark did some
homework of his own.
237
00:12:41,394 --> 00:12:45,092
Seems Bartlett's kid had a little
problem with the blow himself.
238
00:12:46,165 --> 00:12:49,329
Makes for a quick
settlement. Everybody's happy.
239
00:12:50,370 --> 00:12:53,898
You know, the more I talk to these
guys, it reminds me why I stay single.
240
00:12:53,973 --> 00:12:57,842
You mean, it's not just the quality
time you get to spend with yourself?
241
00:12:58,611 --> 00:13:01,638
You know, it is possible
that the guy we're looking for
242
00:13:01,714 --> 00:13:04,115
isn't ticked off at the way
Bartlett does business.
243
00:13:04,183 --> 00:13:07,085
His kid is a dope-head. Maybe
it's the way he does business.
244
00:13:07,153 --> 00:13:10,988
Yeah, drug dealers. I keep forgetting
there's notches below lawyers.
245
00:13:11,591 --> 00:13:13,856
You know, we could
spend a whole year
246
00:13:13,926 --> 00:13:17,226
chasing down guys who may
have wanted a piece of Bartlett.
247
00:13:17,297 --> 00:13:20,756
Well, we wouldn't want you to
get a hernia from overwork, Mike.
248
00:13:20,833 --> 00:13:23,234
Very funny. But I
got a different angle.
249
00:13:23,870 --> 00:13:26,897
Bartlett's kid's into
powdering his nose.
250
00:13:26,973 --> 00:13:28,373
Now, maybe he
didn't pay his bills,
251
00:13:28,441 --> 00:13:31,240
and I doubt he sent a
change-of-address card to his dealer.
252
00:13:31,311 --> 00:13:33,837
Listen to this, Bartlett
never had any children,
253
00:13:33,913 --> 00:13:36,348
but he's got a foster
son named Smith.
254
00:13:36,716 --> 00:13:37,877
The kid's father OD'd,
255
00:13:37,950 --> 00:13:40,818
mom's had a long history of
drugs and theft. She's till in Bedford.
256
00:13:40,887 --> 00:13:42,822
Anyway, I ran the
kid's name, no yellows.
257
00:13:42,889 --> 00:13:45,859
Well, Bartlett's got connections.
He could make those disappear.
258
00:13:45,925 --> 00:13:49,123
Yeah, he couldn't make an
impound report disappear, though.
259
00:13:49,195 --> 00:13:51,960
Well, that's a big help.
No, actually it might be.
260
00:13:52,598 --> 00:13:56,160
Steven Smith wrapped his car around
a hydrant the night of the murders.
261
00:13:56,235 --> 00:13:59,262
Less than half a block from
the Lerners' brownstone.
262
00:13:59,339 --> 00:14:02,571
Wow, that's almost a clue.
And it beats heavy lifting.
263
00:14:03,343 --> 00:14:04,343
What?
264
00:14:04,844 --> 00:14:07,712
It's Anita's sense of humor.
Lieutenant Anita to you.
265
00:14:08,314 --> 00:14:09,509
Lieutenant.
266
00:14:12,719 --> 00:14:16,121
It's like I said, a bunch of us
went to a party down in SoHo.
267
00:14:16,189 --> 00:14:17,657
I really don't remember much.
268
00:14:17,724 --> 00:14:20,956
You remember having a brief
encounter with a fire hydrant?
269
00:14:23,262 --> 00:14:24,321
You guys are cops.
270
00:14:24,397 --> 00:14:26,608
I tell you what happened, you
could pull my driver's license.
271
00:14:26,632 --> 00:14:29,033
Come on, man, that's
not even our department.
272
00:14:29,102 --> 00:14:31,571
Relax. Just tell us
what happened, Steve.
273
00:14:33,406 --> 00:14:34,499
All right.
274
00:14:35,908 --> 00:14:38,844
My buddy Josh and me, we
left a party to go hit the clubs.
275
00:14:38,911 --> 00:14:41,403
And I guess I shouldn't
have been driving.
276
00:14:42,515 --> 00:14:46,384
I hit the hydrant. That's it. I paid
the towing fine. Nobody got hurt.
277
00:14:46,519 --> 00:14:47,646
What's the big deal?
278
00:14:47,720 --> 00:14:50,690
But you used to live right
down the block from there.
279
00:14:51,124 --> 00:14:53,992
Yeah, well, you know, but we
were going to the Palladium, I mean...
280
00:14:54,761 --> 00:14:57,060
Of course we were
in the neighborhood.
281
00:14:57,163 --> 00:14:58,859
What? You think I'm a
witness to something?
282
00:14:58,931 --> 00:15:00,661
Did you see anything? No.
283
00:15:00,733 --> 00:15:03,293
I locked up the car and I
decided to call it a night.
284
00:15:03,369 --> 00:15:05,395
You and Josh both
called it a night?
285
00:15:05,471 --> 00:15:09,465
No. He wasn't as out of it as I was.
He went back to the Zoo for a nightcap.
286
00:15:09,542 --> 00:15:10,908
What, did you take a cab home?
287
00:15:10,977 --> 00:15:14,141
No, I was pretty wasted. I
needed the air, so I walked.
288
00:15:16,015 --> 00:15:18,280
He got all revved
up. The party died.
289
00:15:19,118 --> 00:15:21,563
Well, didn't you think Steve may
have had a little too much to drink
290
00:15:21,587 --> 00:15:22,646
to get behind that wheel?
291
00:15:22,722 --> 00:15:25,248
Last year I saw the guy
go for eight hours straight.
292
00:15:25,324 --> 00:15:27,084
Maybe he's gotten out
of shape, I don't know.
293
00:15:27,126 --> 00:15:28,754
I hear AA'll do that to you.
294
00:15:28,828 --> 00:15:29,955
He's in AA?
295
00:15:30,029 --> 00:15:32,931
Yeah, his girlfriend,
Sally, she talked him into it.
296
00:15:33,232 --> 00:15:34,860
Sally have a last name?
297
00:15:36,068 --> 00:15:37,627
Beyers, I think.
298
00:15:38,037 --> 00:15:40,165
The things you'll
do for a little action.
299
00:15:40,239 --> 00:15:42,708
You mean, he doesn't
take AA seriously?
300
00:15:43,576 --> 00:15:46,876
Maybe he did. I don't know,
you are what you are, right?
301
00:15:47,847 --> 00:15:51,249
He said he'd only have one.
One drink turns into eight or nine...
302
00:15:51,317 --> 00:15:54,185
Yeah, why don't you tell
me about the accident?
303
00:15:54,887 --> 00:15:58,449
He was singing like a jerk. You
know, started playing air guitar. Boom.
304
00:15:58,758 --> 00:16:00,556
And what happened
to your drinking buddy?
305
00:16:00,626 --> 00:16:04,028
He smacked his head up
against the steering wheel.
306
00:16:04,096 --> 00:16:06,895
You know, if he wasn't so loaded,
he might have actually got hurt.
307
00:16:06,966 --> 00:16:08,867
So where'd you go from there?
308
00:16:09,569 --> 00:16:13,267
Something like that just messes
you up. I cabbed it back to the Zoo.
309
00:16:13,906 --> 00:16:17,775
Steve go with you? No. He
said he wanted to walk it off.
310
00:16:18,578 --> 00:16:23,380
Eight or nine drinks, I'd have to circle
the Island twice to walk that one off.
311
00:16:23,449 --> 00:16:25,315
You know, back
in my drinking days,
312
00:16:25,384 --> 00:16:28,183
I came home once at the
tail-end of a three-day bender.
313
00:16:28,254 --> 00:16:30,917
Only I went into the
wrong wife's front door.
314
00:16:30,990 --> 00:16:33,255
That was enough to make
me go to the 12 steps.
315
00:16:33,326 --> 00:16:36,091
What are you saying, kid went
to his old house by mistake?
316
00:16:36,162 --> 00:16:37,391
It plays out.
317
00:16:37,797 --> 00:16:39,732
Steven used to come
home drunk all the time.
318
00:16:39,799 --> 00:16:42,132
So he didn't want to
mess with the security door.
319
00:16:42,201 --> 00:16:43,999
So he crawls in the window.
320
00:16:44,403 --> 00:16:48,397
He's in AA. He went on a bender.
Maybe he told his sponsor all about it.
321
00:16:51,644 --> 00:16:55,911
I'm sorry. I appreciate that
you've got a job to do, Detectives.
322
00:16:55,982 --> 00:16:59,043
But anything said in
meetings is strictly confidential.
323
00:16:59,418 --> 00:17:03,219
You know, I had a guy like you
who dragged me out of a bottle once,
324
00:17:03,289 --> 00:17:06,157
and I wouldn't appreciate him
giving out interviews to the tabloids,
325
00:17:06,225 --> 00:17:07,784
but this is a little different.
326
00:17:07,860 --> 00:17:10,227
We're investigating
a murder case here.
327
00:17:10,463 --> 00:17:12,762
You don't think
Steven killed someone.
328
00:17:13,566 --> 00:17:15,967
Well, you're all wrong there.
329
00:17:16,669 --> 00:17:18,570
Steven's many things,
he's an alcoholic,
330
00:17:18,638 --> 00:17:20,436
he's a substance
abuser, but he's no killer.
331
00:17:20,506 --> 00:17:23,908
That much I'll tell you. Did you
know he was drinking again?
332
00:17:25,344 --> 00:17:28,371
I'm sorry. I'm his sponsor.
I can't tell you any more.
333
00:17:32,385 --> 00:17:34,115
What, does this guy
think he's a priest?
334
00:17:34,186 --> 00:17:37,884
It's the only way it can work,
Mike. What's the girlfriend's name?
335
00:17:41,694 --> 00:17:44,823
Sally Beyers. Maybe
she's not so tight-lipped.
336
00:17:45,765 --> 00:17:48,360
Steven's worked hardest
on steps four and five.
337
00:17:48,434 --> 00:17:50,335
"Making a fearless
moral inventory"
338
00:17:50,403 --> 00:17:52,463
and "admitting his wrongs
to God, to himself..."
339
00:17:52,538 --> 00:17:55,440
"And to another person."
Sounds like you've been there.
340
00:17:55,508 --> 00:17:57,272
Sober 532 days.
341
00:17:57,343 --> 00:17:59,903
All right. Your boyfriend
can't say as much.
342
00:18:00,413 --> 00:18:03,577
This was his first slip. It
happens. He tell you about it?
343
00:18:03,649 --> 00:18:05,880
Tuesday, in group.
He told us all.
344
00:18:06,452 --> 00:18:09,513
It's part of the recovery.
What else did he tell you?
345
00:18:10,556 --> 00:18:12,957
What gets said in
meetings stays in meetings.
346
00:18:13,025 --> 00:18:16,359
We're investigating a
serious crime, Miss Beyers.
347
00:18:16,429 --> 00:18:18,330
And we have to
talk to everybody.
348
00:18:18,664 --> 00:18:21,793
Steven was in that neighborhood
and he knows that house.
349
00:18:23,069 --> 00:18:24,867
He doesn't remember anything.
350
00:18:24,937 --> 00:18:28,635
He told us that he'd had a major blackout,
and he said he's been having nightmares.
351
00:18:28,708 --> 00:18:32,167
I think it scared him into
sobriety. What kind of nightmares?
352
00:18:32,478 --> 00:18:34,845
He read about those
people dying in his old house
353
00:18:34,914 --> 00:18:36,849
and he dreamed that he did it.
354
00:18:43,389 --> 00:18:44,833
Wait, wait, wait.
Let me get this right.
355
00:18:44,857 --> 00:18:47,486
Now, you're saying this
poor jerk had a dream.
356
00:18:47,560 --> 00:18:50,587
Which he told to a group
of people in an AA meeting.
357
00:18:50,930 --> 00:18:53,832
Last night I dreamed that I
was having an ice-cream sundae
358
00:18:53,899 --> 00:18:55,925
in bed with Heather Locklear.
359
00:18:56,869 --> 00:18:58,770
You don't think that
that's sufficient cause
360
00:18:58,838 --> 00:19:01,137
to get a warrant to
check out my bedroom?
361
00:19:01,207 --> 00:19:02,675
With no disrespect, Your Honor,
362
00:19:02,742 --> 00:19:06,042
I doubt I'd find Ms. Locklear's
fingerprints on the headboard of your bed.
363
00:19:06,112 --> 00:19:08,013
And you found the
kid's prints at the scene?
364
00:19:08,080 --> 00:19:09,480
An unidentified set.
365
00:19:09,548 --> 00:19:12,484
All I'm looking for is an order
to fingerprint Steven Smith.
366
00:19:12,551 --> 00:19:15,043
All right. I'll give you
your order, Ms. Kincaid.
367
00:19:15,488 --> 00:19:16,956
Disrespect and all.
368
00:19:19,625 --> 00:19:21,457
I told you I was
drunk, all right?
369
00:19:21,527 --> 00:19:25,294
Did you ever hear of a blackout?
They happen. I can't remember anything.
370
00:19:25,364 --> 00:19:27,390
And these don't jog your memory?
371
00:19:27,767 --> 00:19:30,794
Why would I do that to those
people, man? I don't even know them.
372
00:19:30,870 --> 00:19:33,396
We're not saying you
meant to kill them, Steven.
373
00:19:33,472 --> 00:19:35,703
You know, there was a
case up in Westchester.
374
00:19:35,775 --> 00:19:38,108
This kid killed an
Indian couple by mistake.
375
00:19:38,177 --> 00:19:41,147
Now, if that's what this is,
maybe there's a way out.
376
00:19:42,014 --> 00:19:44,540
What kind of mistake,
man? I wasn't there.
377
00:19:44,617 --> 00:19:47,883
You drink too much, you do
things you're not exactly proud of.
378
00:19:47,953 --> 00:19:49,683
Believe me, I know.
379
00:19:52,258 --> 00:19:54,227
Don't you think that
I would remember...
380
00:19:54,293 --> 00:19:56,262
Remember? I've been there, too.
381
00:19:56,328 --> 00:19:58,991
Now relax. You want
some coffee or something?
382
00:19:59,699 --> 00:20:01,361
No, I'm okay.
383
00:20:03,035 --> 00:20:06,904
Steven, when you woke up the next
day, was there blood on your clothes?
384
00:20:08,007 --> 00:20:11,671
Yeah, I cut my head in the
accident. Of course, there was blood.
385
00:20:12,912 --> 00:20:15,211
Look, we can go over
this a million times, okay?
386
00:20:15,281 --> 00:20:17,216
I can't help you.
I wasn't there.
387
00:20:17,283 --> 00:20:20,947
All right, tell me this. In your
dream, what happened to the knife?
388
00:20:23,823 --> 00:20:26,156
I'll tell you what I think
happened, Steven.
389
00:20:26,225 --> 00:20:27,705
I think you went in
through the window
390
00:20:27,760 --> 00:20:31,424
because you were too drunk to
notice that the steel door was gone.
391
00:20:32,398 --> 00:20:35,800
You didn't know the Lerners
had remodeled the house, did you?
392
00:20:37,737 --> 00:20:41,504
No, how would I? I haven't
been there since we moved.
393
00:20:42,408 --> 00:20:44,741
Now, see? That's just my point.
394
00:20:48,514 --> 00:20:50,073
Kid's on the verge.
395
00:20:50,916 --> 00:20:54,751
This might help. Prints came
back. Our bloody thumb's a match.
396
00:20:55,221 --> 00:20:56,382
Let's do it.
397
00:20:59,158 --> 00:21:02,094
You know what they say, Lennie.
Memories fade but fingerprints don't.
398
00:21:02,161 --> 00:21:03,561
Get up. Up!
399
00:21:04,563 --> 00:21:07,931
Steven Smith, you're under arrest for
the murder of David and Eileen Lerner.
400
00:21:08,000 --> 00:21:09,593
You have the right
to remain silent.
401
00:21:09,668 --> 00:21:12,160
Anything you say can
and will be used against...
402
00:21:13,205 --> 00:21:18,109
"Docket number 622613,
People v. Steven Alan Smith.
403
00:21:18,177 --> 00:21:21,045
"Charges are two counts
Murder in the Second Degree."
404
00:21:22,648 --> 00:21:23,980
Plea, Ms. Larson?
405
00:21:25,417 --> 00:21:26,544
Not guilty.
406
00:21:26,886 --> 00:21:28,286
And what do the
People have to say?
407
00:21:28,354 --> 00:21:30,823
The People request that the
defendant be held without bail.
408
00:21:30,890 --> 00:21:33,189
He lives with his foster
parents, Your Honor.
409
00:21:33,259 --> 00:21:35,099
The Bartletts have deep
roots in the community.
410
00:21:35,127 --> 00:21:38,325
And he certainly seems old
enough to hop a cab out of town.
411
00:21:38,397 --> 00:21:41,094
Bail is set at $500,000. Next.
412
00:21:41,901 --> 00:21:45,702
A half a million bail, Jack. A
little over the top, don't you think?
413
00:21:45,771 --> 00:21:47,603
Thirty-five stab wounds.
414
00:21:49,542 --> 00:21:51,841
I'd say I showed
remarkable restraint.
415
00:21:52,378 --> 00:21:53,471
Restraint?
416
00:21:53,612 --> 00:21:55,911
I suggest your police
officers brush up on it.
417
00:21:55,981 --> 00:21:58,143
Your client
admitted... I never...
418
00:21:58,217 --> 00:22:01,779
To be accurate, he said he
dreamt about the murders.
419
00:22:02,521 --> 00:22:05,923
He read about them in the papers.
They happened where he used to live.
420
00:22:05,991 --> 00:22:07,186
Freud would say it's natural.
421
00:22:07,259 --> 00:22:10,161
And I suppose his prints on
the headboard of the Lerners' bed
422
00:22:10,229 --> 00:22:11,754
got there telekinetically.
423
00:22:11,831 --> 00:22:14,733
No, but the procedure by which
you matched them to Mr. Smith
424
00:22:14,800 --> 00:22:16,166
violated his rights.
425
00:22:16,235 --> 00:22:18,966
We had a court order
to fingerprint your client.
426
00:22:19,038 --> 00:22:20,199
Sure you did.
427
00:22:20,272 --> 00:22:23,674
But said court order was
supported by privileged comments
428
00:22:23,742 --> 00:22:26,371
made during
confidential AA meetings.
429
00:22:27,546 --> 00:22:29,139
I'll see you in court.
430
00:22:33,118 --> 00:22:36,646
The rules of privilege are founded
in public policy, Your Honor.
431
00:22:36,889 --> 00:22:39,518
Encouraging free communication
in certain circumstances
432
00:22:39,592 --> 00:22:41,720
has been deemed more important
433
00:22:41,794 --> 00:22:45,196
than admitting the substance of
that communication into evidence.
434
00:22:45,264 --> 00:22:48,928
And the legislature is clear as
to whom that privilege applies.
435
00:22:49,001 --> 00:22:51,368
I see doctor and patient,
attorney and client,
436
00:22:51,437 --> 00:22:54,066
priest and penitent,
husband and wife.
437
00:22:54,139 --> 00:22:56,618
There's nothing in the rules of
evidence about self-help groups.
438
00:22:56,642 --> 00:22:58,941
But the underlying
policy is the same.
439
00:22:59,345 --> 00:23:02,713
Society has recognized
addiction as a disease.
440
00:23:02,848 --> 00:23:04,476
Would we be here
at all if my client
441
00:23:04,550 --> 00:23:06,519
had sought treatment
in a psychiatrist's office?
442
00:23:06,585 --> 00:23:10,955
Psychiatrists are professionals
specifically covered by the statute.
443
00:23:11,023 --> 00:23:13,515
Alcoholics Anonymous
is a self-help group.
444
00:23:14,059 --> 00:23:17,086
Confidentiality is a
courtesy, not a legal mandate.
445
00:23:17,162 --> 00:23:21,998
For a 12-step program to be effective,
a participant must bare his soul.
446
00:23:22,067 --> 00:23:24,332
How can we
require or expect that
447
00:23:24,403 --> 00:23:25,837
if it can then be turned around
448
00:23:25,905 --> 00:23:28,704
and used as evidence
against him in a criminal trial?
449
00:23:28,774 --> 00:23:32,870
If we admit this evidence we are,
in effect, destroying any chance
450
00:23:32,945 --> 00:23:35,471
these individuals
have at finding a cure.
451
00:23:35,781 --> 00:23:37,340
It's very convincing, Counselor.
452
00:23:38,851 --> 00:23:41,286
The problem is that
Mr. McCoy is right.
453
00:23:42,087 --> 00:23:45,251
There's nothing in the statutes
that mentions 12-step programs.
454
00:23:45,324 --> 00:23:48,385
I'm talking about principle,
social policy, Your Honor.
455
00:23:48,460 --> 00:23:50,554
I'm talking about the law,
456
00:23:50,629 --> 00:23:53,724
which as we all know, is
to be narrowly construed.
457
00:23:54,199 --> 00:23:58,398
My job is not to rewrite the
statutes, it is to interpret them.
458
00:23:59,872 --> 00:24:01,773
The defense motion is denied.
459
00:24:04,276 --> 00:24:06,006
In that case, Your Honor,
460
00:24:06,412 --> 00:24:09,143
the defendant changes
his plea from not guilty
461
00:24:09,214 --> 00:24:11,683
to not guilty by reason
of mental defect.
462
00:24:11,951 --> 00:24:14,352
They've got you dead
to rights, why not?
463
00:24:15,054 --> 00:24:16,147
All right.
464
00:24:16,422 --> 00:24:18,687
The defendant will be made
available for examination
465
00:24:18,757 --> 00:24:21,784
by the People's experts
at their convenience.
466
00:24:22,861 --> 00:24:26,320
I've never even met those
people before. I have no idea why...
467
00:24:26,899 --> 00:24:27,899
Why?
468
00:24:30,302 --> 00:24:32,271
I may have killed
two innocent people.
469
00:24:32,338 --> 00:24:35,604
People I never even heard
of, and what do you think I feel?
470
00:24:35,975 --> 00:24:37,705
I don't know. You tell me.
471
00:24:42,815 --> 00:24:44,613
I have nightmares about it.
472
00:24:45,284 --> 00:24:46,377
I don't...
473
00:24:47,419 --> 00:24:49,615
I don't even know if I did it.
474
00:24:51,023 --> 00:24:52,491
You don't remember?
475
00:24:54,193 --> 00:24:55,559
What do you remember?
476
00:24:57,029 --> 00:24:58,029
We...
477
00:24:59,231 --> 00:25:02,497
We were at a party,
doing shooters. All right?
478
00:25:02,668 --> 00:25:06,036
I left with Josh. We put
in a CD or something...
479
00:25:08,574 --> 00:25:12,033
I don't know. The car swerved
off the road. I totaled the car.
480
00:25:12,111 --> 00:25:14,979
I hit my head. Josh
went back for a drink.
481
00:25:15,647 --> 00:25:17,013
What did you do?
482
00:25:18,484 --> 00:25:20,214
I thought I walked home.
483
00:25:21,553 --> 00:25:25,115
But you didn't? No. I guess
I went back to my old house.
484
00:25:25,190 --> 00:25:27,125
I don't remember!
485
00:25:27,192 --> 00:25:29,058
Why do you think that
you went back there?
486
00:25:29,128 --> 00:25:30,687
I was drunk, okay?
487
00:25:33,899 --> 00:25:36,425
I know what you're
thinking, and it's sick.
488
00:25:36,902 --> 00:25:38,131
What, Steven?
489
00:25:39,471 --> 00:25:40,837
Warren and Leah,
490
00:25:44,443 --> 00:25:48,312
they put up with all my crap, all
right? They're good people. I love...
491
00:25:50,282 --> 00:25:52,751
I know what you're
thinking, it's like...
492
00:25:54,787 --> 00:25:57,951
You think I wanted to kill
them. What do you think?
493
00:26:03,862 --> 00:26:07,128
He claims amnesia for the
crimes and I believe him.
494
00:26:07,199 --> 00:26:10,169
Amnesia's not grounds
for insanity. That's true.
495
00:26:10,636 --> 00:26:14,198
The only form of mental illness
seems to be substance abuse.
496
00:26:14,273 --> 00:26:18,472
He was drunk, and as we all know,
that's not the basis for an insanity plea.
497
00:26:18,877 --> 00:26:22,279
They tried this in Westchester.
There's a difference.
498
00:26:22,347 --> 00:26:25,215
There the defense claimed that
the boy had a learning disability
499
00:26:25,284 --> 00:26:29,449
and that his homicidal tendencies were
implanted by a high-school psychologist.
500
00:26:29,688 --> 00:26:32,624
Steven Smith had
an alcoholic blackout.
501
00:26:32,691 --> 00:26:34,990
That, combined with a head
injury from the car accident,
502
00:26:35,060 --> 00:26:36,892
could have triggered
a dissociative episode.
503
00:26:36,962 --> 00:26:39,397
He was drunk, he killed
two innocent people
504
00:26:39,465 --> 00:26:41,798
and now he's trying to
use the bottle as a defense.
505
00:26:41,867 --> 00:26:44,564
Isn't it pretty obvious he
meant to kill the Bartletts?
506
00:26:44,636 --> 00:26:45,636
At least unconsciously.
507
00:26:45,704 --> 00:26:48,435
But there's no evidence
of any conscious motive.
508
00:26:49,808 --> 00:26:51,208
Bartlett's wealthy.
509
00:26:51,276 --> 00:26:54,508
The brutality of the murders,
this had nothing to do with money.
510
00:26:56,482 --> 00:26:58,974
Then we should find
out what it was about.
511
00:27:02,387 --> 00:27:04,185
What are you implying?
512
00:27:05,624 --> 00:27:08,753
The Lerners were killed in
your old bedroom, Mr. Bartlett.
513
00:27:08,827 --> 00:27:11,456
Let me tell you something.
Steven has problems.
514
00:27:11,530 --> 00:27:13,624
Most of them
come out of a bottle.
515
00:27:13,699 --> 00:27:17,397
He's ill, Warren. And she's
trying to say it's our fault.
516
00:27:17,636 --> 00:27:20,697
Look, Steven had trouble
handling a groundball,
517
00:27:21,073 --> 00:27:24,373
I spent three hours a night
with him out at the schoolyard.
518
00:27:24,543 --> 00:27:28,412
He was lost in algebra, I
took a week off from work.
519
00:27:28,881 --> 00:27:30,679
Something prompted this.
520
00:27:31,383 --> 00:27:33,477
Steven is sick.
521
00:27:33,552 --> 00:27:37,045
He's insane, for God's
sakes! I don't need you to tell...
522
00:27:39,992 --> 00:27:42,291
I'm certainly not going
to help you put him in jail
523
00:27:42,361 --> 00:27:44,660
when he should be
under psychiatric care.
524
00:27:44,730 --> 00:27:46,665
Mr. Bartlett,
you're an attorney.
525
00:27:46,732 --> 00:27:49,793
You know that if he knew what he
was doing at the time of the crime,
526
00:27:49,868 --> 00:27:51,564
he's not legally insane.
527
00:27:51,637 --> 00:27:55,005
What are you saying? That Steven
was rational when he did this?
528
00:27:55,073 --> 00:27:57,804
I'm sorry, I won't accept that.
529
00:28:00,312 --> 00:28:04,044
They're wealthy, they're educated,
they seem to be the perfect parents.
530
00:28:04,116 --> 00:28:07,575
And Steven wanted them
dead. For no apparent reason.
531
00:28:07,653 --> 00:28:10,088
He's still living with them,
that has to mean something.
532
00:28:10,155 --> 00:28:12,818
Maybe this was some
sort of dissociative episode.
533
00:28:12,891 --> 00:28:15,588
In other words, the crime is so
crazy, the kid's got to be nuts.
534
00:28:15,661 --> 00:28:18,825
The defense has the burden to show
that at the time he committed the murders,
535
00:28:18,897 --> 00:28:21,992
Steven Smith didn't understand
the nature of what he was doing.
536
00:28:22,067 --> 00:28:24,798
Maybe we shouldn't be
so gung ho here, Jack.
537
00:28:24,870 --> 00:28:27,601
Maybe he is better off in
a hospital than a prison.
538
00:28:27,673 --> 00:28:29,608
Tell that to Elizabeth Lerner.
539
00:28:30,676 --> 00:28:34,374
Am I supposed to let him play
doctor in a rubber room at Bellevue
540
00:28:34,446 --> 00:28:36,312
just because he tells
me he can't remember?
541
00:28:36,381 --> 00:28:37,974
Come on. You know
it's not that simple.
542
00:28:38,050 --> 00:28:41,350
Even Olivet can't tell us whether he
was rational at the time of the crime.
543
00:28:41,420 --> 00:28:44,151
That's going to make for a
wonderful cross examination.
544
00:28:44,223 --> 00:28:47,819
Only one person knows what
Smith was thinking that night, right?
545
00:28:47,893 --> 00:28:49,759
And he was in an alcoholic fog.
546
00:28:49,828 --> 00:28:51,694
Well, let's turn
on the defroster.
547
00:28:51,763 --> 00:28:54,255
Hypnotize him. Take
him back to the scene.
548
00:28:55,300 --> 00:28:59,032
If he says that E.T. told him
to kill a couple of gremlins,
549
00:28:59,104 --> 00:29:01,266
then I'll cut a
deal for insanity.
550
00:29:03,442 --> 00:29:04,842
What happened, Jack?
551
00:29:04,910 --> 00:29:08,210
You had too much last night,
blacked out and forgot the law?
552
00:29:08,647 --> 00:29:10,946
Hypnotic testimony
is inherently unreliable.
553
00:29:11,016 --> 00:29:13,417
On the contrary, I was
up until the wee hours
554
00:29:13,485 --> 00:29:15,477
reading supreme court decisions.
555
00:29:16,288 --> 00:29:18,450
Specifically Rock v. Arkansas...
556
00:29:18,523 --> 00:29:22,893
Which held that a per se rule
excluding hypnotic testimony
557
00:29:22,961 --> 00:29:26,363
infringes on a defendant's
right to testify on his own behalf.
558
00:29:26,798 --> 00:29:30,166
In other words, you can't force
my client to give hypnotic testimony.
559
00:29:30,235 --> 00:29:33,637
I don't want him in prison if
he's legally insane, Marge.
560
00:29:34,273 --> 00:29:35,741
I'll tell you what.
561
00:29:37,276 --> 00:29:40,804
If we learn that these murders
were the result of a psychotic episode
562
00:29:40,879 --> 00:29:43,610
that rendered him unaware
of what he was doing,
563
00:29:43,682 --> 00:29:46,652
I'll be the first one seated
at the bargaining table.
564
00:29:47,653 --> 00:29:49,019
And if we don't?
565
00:29:49,354 --> 00:29:54,258
I agree that nothing he says under
hypnosis can be used against him in court.
566
00:29:55,694 --> 00:29:57,492
Heads I win, tails you lose.
567
00:29:58,430 --> 00:29:59,430
Okay.
568
00:30:03,335 --> 00:30:06,271
One more time
on the kitchen floor
569
00:30:09,141 --> 00:30:12,339
Shut up, Josh. Man,
I wanna sing, I'll sing.
570
00:30:16,014 --> 00:30:17,448
Oh, my God.
571
00:30:20,852 --> 00:30:23,583
My head. What happened, Steven?
572
00:30:28,226 --> 00:30:29,626
I totaled the car.
573
00:30:30,595 --> 00:30:31,858
Where are you?
574
00:30:39,638 --> 00:30:42,130
It's late, I better get home.
575
00:30:43,275 --> 00:30:45,972
The door's locked. How
are you going to get in?
576
00:30:48,747 --> 00:30:50,113
I gotta get home.
577
00:30:51,216 --> 00:30:53,742
The storm window.
She'll never know.
578
00:30:54,820 --> 00:30:56,311
Who will never know?
579
00:30:58,357 --> 00:30:59,757
I'll be quiet.
580
00:31:00,926 --> 00:31:02,519
Where are you, Steven?
581
00:31:06,698 --> 00:31:08,724
Mommy. Don't hit me, Mommy!
582
00:31:13,505 --> 00:31:15,770
It burns, Mommy!
Please. It burns.
583
00:31:18,076 --> 00:31:19,305
I'll be good.
584
00:31:19,411 --> 00:31:21,346
What did you do wrong, Steven?
585
00:31:22,047 --> 00:31:23,481
I didn't mean it.
586
00:31:24,449 --> 00:31:27,476
I won't spill the Coke on
the carpet again. I promise.
587
00:31:28,220 --> 00:31:30,052
Mommy, don't hit me, please!
588
00:31:32,290 --> 00:31:34,782
Don't or I'll... Or
you'll what, Steven?
589
00:31:36,928 --> 00:31:38,294
It burns so bad.
590
00:31:39,564 --> 00:31:41,590
Tell me, what will you do?
591
00:31:44,102 --> 00:31:46,003
No. I'm sorry. It's bad.
592
00:31:46,838 --> 00:31:48,306
What is it, Steven?
593
00:31:55,347 --> 00:31:57,578
The knife.
594
00:31:59,951 --> 00:32:03,888
I'm sorry, the knife.
It's bad. But I have to.
595
00:32:04,790 --> 00:32:06,122
I have to.
596
00:32:13,298 --> 00:32:14,298
Wow.
597
00:32:15,434 --> 00:32:17,528
It's pitiful is what it is.
598
00:32:17,903 --> 00:32:20,532
But it's clear he knew what
he was doing was wrong.
599
00:32:20,605 --> 00:32:22,938
Translation, he
wasn't legally insane.
600
00:32:23,008 --> 00:32:24,704
Come on, we all know
601
00:32:24,776 --> 00:32:28,178
I can march into a courtroom,
show a video of what we just saw
602
00:32:28,246 --> 00:32:32,047
and walk away with a verdict of
not guilty by reason of mental defect.
603
00:32:32,117 --> 00:32:34,177
And if you put one
witness on the stand
604
00:32:34,252 --> 00:32:36,983
who says that he was legally
insane at the time of the murder,
605
00:32:37,055 --> 00:32:39,149
you'll be suborning perjury.
606
00:32:39,224 --> 00:32:41,386
I've known you for
15 years, Marge.
607
00:32:42,194 --> 00:32:44,891
I never suspected that
was part of your makeup.
608
00:32:44,963 --> 00:32:48,229
We've gone way beyond
an insanity defense, Jack.
609
00:32:48,300 --> 00:32:49,962
So you're willing to cut a deal?
610
00:32:50,035 --> 00:32:53,369
And subject my client to the tender
mercies of the criminal justice system?
611
00:32:53,438 --> 00:32:54,804
I don't think so.
612
00:32:55,006 --> 00:32:57,532
Steven Smith committed
justifiable homicide.
613
00:32:58,210 --> 00:33:00,145
He was acting in self-defense.
614
00:33:07,419 --> 00:33:10,981
It's probable that Steven Smith
was physically abused as a child.
615
00:33:11,223 --> 00:33:13,385
Now he's a grown man. Yes.
616
00:33:13,458 --> 00:33:15,927
But it was the 12-year-old
boy who swung that knife.
617
00:33:15,994 --> 00:33:18,122
Is it possible that
he's just acting?
618
00:33:18,196 --> 00:33:19,994
It's possible, but I doubt it.
619
00:33:20,065 --> 00:33:22,057
The alcohol, the
physical trauma,
620
00:33:22,133 --> 00:33:24,864
together they could've
freed repressed memories.
621
00:33:24,936 --> 00:33:26,268
I think the night
of the murders,
622
00:33:26,338 --> 00:33:28,933
he was a 12-year-old boy who
thought he was about to be beaten.
623
00:33:29,007 --> 00:33:31,977
It sounded like he was
hit repeatedly. Burned.
624
00:33:32,043 --> 00:33:34,804
It won't be a stretch for Larson to
make a good case for self-defense.
625
00:33:34,846 --> 00:33:37,645
You got no case, come to us.
We'll give you all the help you need.
626
00:33:37,716 --> 00:33:40,828
Steven Smith went into what he thought
was the Bartletts' bedroom at 2:00 a.m.,
627
00:33:40,852 --> 00:33:43,788
which means that he can't argue
that he didn't know they were asleep.
628
00:33:43,855 --> 00:33:45,118
Which means that he can't argue
629
00:33:45,190 --> 00:33:48,126
that he thought he was threatened
with imminent physical harm.
630
00:33:48,193 --> 00:33:49,570
Which means there's
no self-defense.
631
00:33:49,594 --> 00:33:51,114
But he was thinking
like a 12-year-old.
632
00:33:51,162 --> 00:33:53,358
I'm not certain he could
make that distinction.
633
00:33:53,431 --> 00:33:54,797
I think he could.
634
00:33:58,537 --> 00:34:02,201
The Lerners were found in
their bed, in their nightclothes.
635
00:34:02,707 --> 00:34:05,233
Both were victims of
multiple stab wounds.
636
00:34:05,310 --> 00:34:07,905
Did you come to any conclusion
as to whether they were asleep
637
00:34:07,979 --> 00:34:09,345
at the time the
attacks commenced?
638
00:34:09,414 --> 00:34:11,440
Objection. Calls
for speculation.
639
00:34:11,516 --> 00:34:13,644
Detective Logan
is qualified to testify
640
00:34:13,718 --> 00:34:16,984
as to the opinions formed
as a result of his investigation.
641
00:34:18,323 --> 00:34:20,292
Speculate, Detective Logan.
642
00:34:21,693 --> 00:34:25,460
The time of death was determined
to be between midnight and 3:00 a.m.
643
00:34:25,730 --> 00:34:29,258
The lights were out, Mrs. Lerner
was still under the blankets,
644
00:34:30,135 --> 00:34:34,163
we determined that she was
asleep when the attack began,
645
00:34:34,239 --> 00:34:38,108
and that Mr. Lerner who had
defensive wounds on both hands
646
00:34:38,176 --> 00:34:40,668
was awakened by the
attack on Mrs. Lerner.
647
00:34:41,513 --> 00:34:43,038
Thank you, Detective.
648
00:34:44,015 --> 00:34:45,483
Ms. Larson.
649
00:34:45,550 --> 00:34:48,179
The defense has no
questions for this witness.
650
00:34:48,987 --> 00:34:53,152
I was with Steven from around
8:00 until just after he wrecked his car.
651
00:34:53,224 --> 00:34:56,058
And was his behavior out
of the ordinary that evening?
652
00:34:56,995 --> 00:35:00,693
We were drinking heavy, you
know. I guess he was acting like usual.
653
00:35:02,767 --> 00:35:06,067
Turning your attention to the moments
immediately following the accident,
654
00:35:06,137 --> 00:35:08,538
please describe how
the defendant acted.
655
00:35:09,140 --> 00:35:11,302
He wrecked his
car. He was upset.
656
00:35:11,376 --> 00:35:13,743
I said I'd call a tow truck,
and he said to hell with it,
657
00:35:13,812 --> 00:35:15,804
he'll deal with it
in the morning.
658
00:35:15,880 --> 00:35:17,348
And what happened then?
659
00:35:18,617 --> 00:35:20,347
I went to go get another drink.
660
00:35:20,418 --> 00:35:22,683
Did the defendant go with you?
661
00:35:25,824 --> 00:35:27,622
No. Thank you.
662
00:35:32,597 --> 00:35:35,567
What were the defendant's
parting words that evening?
663
00:35:36,601 --> 00:35:38,331
He said he was going home.
664
00:35:39,571 --> 00:35:40,571
Home.
665
00:35:41,606 --> 00:35:44,166
I see. No more questions.
666
00:35:46,878 --> 00:35:50,838
We've put five witnesses on the stand.
Larson asks one question on cross.
667
00:35:50,915 --> 00:35:54,079
I'd say she was pretty
confident. Sure she's confident.
668
00:35:54,285 --> 00:35:57,449
Tomorrow she plans on
breaking the jury's hearts.
669
00:35:57,989 --> 00:36:00,356
Sympathy alone doesn't
get you an acquittal.
670
00:36:00,425 --> 00:36:02,223
But it sure as
hell hangs a jury.
671
00:36:02,293 --> 00:36:03,852
Look at those boys out in LA.
672
00:36:03,928 --> 00:36:06,295
This isn't the Menendez
brothers, Adam.
673
00:36:06,498 --> 00:36:09,468
There's no doubt in this case
that the victims were innocent.
674
00:36:09,534 --> 00:36:10,763
That's right.
675
00:36:11,269 --> 00:36:13,530
Only here we have
the abusers in the flesh
676
00:36:13,554 --> 00:36:16,003
to tell us all about what
monsters they were.
677
00:36:18,677 --> 00:36:22,205
I have a Masters in child psychology
from the University of Michigan,
678
00:36:22,280 --> 00:36:24,010
and a Ph.D. from Cornell.
679
00:36:24,382 --> 00:36:26,283
I've been with the
Department of Social Services
680
00:36:26,351 --> 00:36:30,311
for the last 16 years where I've
counseled nearly 10,000 abused children.
681
00:36:30,388 --> 00:36:33,620
Did you have an opportunity to
see the videotape of the defendant
682
00:36:33,692 --> 00:36:35,217
in his hypnotic state?
683
00:36:35,293 --> 00:36:36,293
I did.
684
00:36:36,895 --> 00:36:41,856
Would you say that he fit the
profile of the typical abused child?
685
00:36:43,168 --> 00:36:47,105
Considering Steven's body
language, the panic in his voice,
686
00:36:47,572 --> 00:36:49,234
the substance of
what he was saying,
687
00:36:49,307 --> 00:36:51,708
leads me to believe that
he was an abused child, yes.
688
00:36:51,776 --> 00:36:56,009
When he was 12 years old, would
you say that he hated his foster parents?
689
00:36:56,081 --> 00:36:58,550
On the contrary, he
loved them very much.
690
00:36:59,384 --> 00:37:02,752
He loved them, yet still
he wanted them dead?
691
00:37:02,854 --> 00:37:05,756
Well, you have to understand
that the love an abused child feels
692
00:37:05,824 --> 00:37:08,851
is tempered by
confusion, shame, guilt.
693
00:37:08,927 --> 00:37:11,089
But most of all, by fear.
694
00:37:11,696 --> 00:37:14,461
Now, Steven Smith
was burned and beaten.
695
00:37:16,000 --> 00:37:18,697
In my opinion, he
wanted to kill the Bartletts
696
00:37:18,770 --> 00:37:21,467
because he thought
they were going to kill him.
697
00:37:22,707 --> 00:37:24,107
Thank you, Doctor.
698
00:37:26,077 --> 00:37:29,980
Of the 10,000 abused children
you've counseled, Doctor,
699
00:37:30,482 --> 00:37:33,452
how many were beaten while
their abusers were asleep?
700
00:37:33,718 --> 00:37:37,246
That's an absurd question. So I
can take it that that means zero?
701
00:37:37,889 --> 00:37:38,913
Yes.
702
00:37:39,524 --> 00:37:43,552
But abused children believe their
abusers are an omnipresent threat.
703
00:37:44,195 --> 00:37:46,926
Their abusers.
Not some strangers.
704
00:37:51,236 --> 00:37:53,068
I'm not proud of what I did.
705
00:37:53,738 --> 00:37:56,537
I got help. I thought
I got it in time.
706
00:37:58,476 --> 00:38:01,105
So, you're admitting
you abused Steven?
707
00:38:01,679 --> 00:38:03,875
Warren and I
couldn't have children,
708
00:38:04,382 --> 00:38:08,080
but the problem was I just
wasn't ready to be a mother.
709
00:38:11,656 --> 00:38:13,818
Please tell us
more, Mrs. Bartlett.
710
00:38:14,859 --> 00:38:18,387
Well, it began with a
glass of wine at dinner.
711
00:38:18,997 --> 00:38:23,230
I'd put Steven to bed
and I'd feel so alone.
712
00:38:24,669 --> 00:38:27,696
So I'd have another and another,
713
00:38:27,772 --> 00:38:32,369
and then I moved on to vodka.
714
00:38:33,645 --> 00:38:36,615
And I'd start at breakfast.
715
00:38:38,349 --> 00:38:40,341
And I was hard on Steven.
716
00:38:41,586 --> 00:38:45,546
He would cry and... I
just couldn't stand it.
717
00:38:48,560 --> 00:38:50,028
So you hit him?
718
00:38:53,798 --> 00:38:55,630
You'll have to answer aloud.
719
00:38:56,601 --> 00:38:57,694
I hit him,
720
00:38:59,170 --> 00:39:03,198
first with my hand, and then
with anything I could find.
721
00:39:04,475 --> 00:39:06,137
A bottle, a shoe.
722
00:39:07,145 --> 00:39:10,809
I was alone in the house
with Steven. I blamed him.
723
00:39:12,917 --> 00:39:15,045
And how did it
end, Mrs. Bartlett?
724
00:39:16,921 --> 00:39:20,187
One afternoon, I was on
my second bottle of vodka.
725
00:39:21,793 --> 00:39:25,161
Steven was in the living
room watching television.
726
00:39:27,298 --> 00:39:29,597
I kicked his can of soda
727
00:39:31,502 --> 00:39:33,664
and it spilled all
over the carpet.
728
00:39:34,772 --> 00:39:36,707
It was a new carpet!
729
00:39:42,814 --> 00:39:45,010
I burned him with a cigarette.
730
00:39:48,386 --> 00:39:51,049
He ran into the kitchen.
731
00:39:51,923 --> 00:39:55,587
I followed him and I
grabbed a carving knife.
732
00:39:58,329 --> 00:39:59,558
I'm so sorry.
733
00:40:04,502 --> 00:40:06,903
Warren came
home from the office.
734
00:40:09,474 --> 00:40:13,536
I don't know what would have
happened if he hadn't come home then.
735
00:40:19,350 --> 00:40:22,650
I started treatment
the next day.
736
00:40:25,390 --> 00:40:26,688
Thank you.
737
00:40:33,231 --> 00:40:35,632
Shall I ask for a
recess, Mrs. Bartlett?
738
00:40:37,035 --> 00:40:39,027
No, I'm okay.
739
00:40:46,177 --> 00:40:49,306
How old was Steven when
you attacked him with the knife?
740
00:40:52,150 --> 00:40:53,482
He was 12.
741
00:40:55,253 --> 00:40:58,246
And you haven't hit him
once in the past nine years?
742
00:41:03,294 --> 00:41:04,353
No.
743
00:41:06,097 --> 00:41:08,760
And he still lives
at home with you?
744
00:41:11,536 --> 00:41:12,536
Yes.
745
00:41:16,641 --> 00:41:18,200
No more questions.
746
00:41:21,379 --> 00:41:22,779
The defense rests.
747
00:41:26,584 --> 00:41:29,486
Well, juror number three
was actually in tears.
748
00:41:30,989 --> 00:41:33,857
After my closing, I hope
they'll be crying for the Lerners.
749
00:41:33,925 --> 00:41:36,588
And that'll make them want to
put the mother in jail, not the kid.
750
00:41:36,661 --> 00:41:38,129
Did you ever
consider the possibility
751
00:41:38,196 --> 00:41:41,894
that Mrs. Bartlett might be
exaggerating to protect her son?
752
00:41:43,368 --> 00:41:46,304
It's just her
word. That's right.
753
00:41:47,071 --> 00:41:49,734
It is just her word, isn't
it? Where are you going?
754
00:41:49,807 --> 00:41:52,140
Well, wouldn't this have been
a slam dunk for the defense
755
00:41:52,210 --> 00:41:55,647
if Mr. Bartlett took the stand
and confirmed her story?
756
00:41:57,749 --> 00:41:59,308
Larson never called him.
757
00:42:03,187 --> 00:42:06,885
My wife had a drinking problem.
I wasn't aware of the extent of it.
758
00:42:08,359 --> 00:42:11,056
A bottle of vodka a
day, you didn't notice?
759
00:42:11,162 --> 00:42:13,757
I was referring to how
she treated Steven.
760
00:42:15,400 --> 00:42:18,802
She said she beat him
with a shoe, a bottle.
761
00:42:20,104 --> 00:42:21,197
You didn't notice?
762
00:42:21,272 --> 00:42:25,334
I was starting a new practice. I was
at the office more than I was at home.
763
00:42:25,510 --> 00:42:26,510
I see.
764
00:42:28,179 --> 00:42:30,580
Now, sir, correct
me if I'm wrong,
765
00:42:31,449 --> 00:42:34,248
but didn't you tell my
associate, Ms. Kincaid,
766
00:42:35,953 --> 00:42:38,422
that when your son
had trouble with baseball,
767
00:42:38,489 --> 00:42:40,651
you worked with him every night?
768
00:42:40,725 --> 00:42:43,854
You took a week off to help
him with his mathematics?
769
00:42:43,928 --> 00:42:47,524
That was after Leah was in treatment.
My practice was already established.
770
00:42:47,598 --> 00:42:50,727
Yes, but it seems you
had a close relationship.
771
00:42:51,502 --> 00:42:53,164
I'm proud of that, yes.
772
00:42:53,237 --> 00:42:55,706
He would come to you
when he had problems?
773
00:42:55,940 --> 00:42:56,940
Yes.
774
00:42:57,575 --> 00:43:00,135
He didn't understand Pythagoras,
he came to you for help,
775
00:43:00,211 --> 00:43:03,181
he booted a
groundball, he ran to you.
776
00:43:03,948 --> 00:43:08,010
But when your wife burned him with
a cigarette or beat him with a shoe,
777
00:43:08,086 --> 00:43:11,352
he didn't think it proper to
confide in you, is that right?
778
00:43:13,324 --> 00:43:14,553
He was a boy.
779
00:43:22,366 --> 00:43:26,269
Did you abuse Steven,
Mr. Bartlett? I was selfish.
780
00:43:26,771 --> 00:43:30,867
I worked too hard. I ignored my
family. Steven suffered from that.
781
00:43:30,942 --> 00:43:33,070
Did you ever beat
him with a shoe?
782
00:43:33,744 --> 00:43:34,973
No.
783
00:43:35,046 --> 00:43:36,947
A bottle? No.
784
00:43:37,315 --> 00:43:39,226
How many times did you
burn him with a cigarette?
785
00:43:39,250 --> 00:43:40,479
I would never...
786
00:43:40,551 --> 00:43:43,316
I always protected Steven.
I would never hurt him.
787
00:43:43,387 --> 00:43:46,755
But Steven thought you
would. That's not true.
788
00:43:47,558 --> 00:43:49,493
I love him! He loves me!
789
00:43:49,560 --> 00:43:52,724
And he had no
reason to kill you.
790
00:43:53,798 --> 00:43:56,893
Your Honor, Mr. McCoy
is testifying here.
791
00:43:58,102 --> 00:43:59,365
In my chambers.
792
00:44:00,671 --> 00:44:03,266
The witness himself said that
he never abused the defendant.
793
00:44:03,341 --> 00:44:04,866
He said he always protected him.
794
00:44:04,942 --> 00:44:06,353
What's that have
to do with anything?
795
00:44:06,377 --> 00:44:07,606
Let's assume for the moment
796
00:44:07,678 --> 00:44:11,137
that the defendant actually believed
that Mrs. Bartlett was going to kill him.
797
00:44:11,215 --> 00:44:14,982
Fine, that's self-defense, but
Mr. Bartlett never laid a hand on him.
798
00:44:15,386 --> 00:44:17,082
He didn't have a weapon.
799
00:44:17,288 --> 00:44:20,349
So tell me, what was he
defending himself from?
800
00:44:20,424 --> 00:44:23,292
The jury can infer he was...
They won't get the chance.
801
00:44:23,361 --> 00:44:26,229
Your Honor, the People dismiss
count one of the indictment,
802
00:44:26,297 --> 00:44:28,562
the charge of
murdering Eileen Lerner.
803
00:44:28,633 --> 00:44:31,501
We'll proceed only on count
two for the murder of David Lerner.
804
00:44:31,569 --> 00:44:33,470
Are you sure? I'm sure.
805
00:44:34,839 --> 00:44:36,967
And I further move that
Your Honor charge the jury
806
00:44:37,041 --> 00:44:41,103
that they may not consider self-defense
as a justification for that murder.
807
00:44:41,612 --> 00:44:43,308
Very clever, Mr. McCoy.
808
00:44:43,381 --> 00:44:46,146
This is prejudicial.
And it's the law.
809
00:44:47,118 --> 00:44:48,518
Motion is granted.
810
00:44:50,388 --> 00:44:52,755
Finally, you are
instructed as follows.
811
00:44:53,257 --> 00:44:57,319
In the matter before you,
you may not in any way
812
00:44:57,395 --> 00:45:01,730
consider the affirmative
defense of justification
813
00:45:01,799 --> 00:45:03,961
as a result of self-defense.
814
00:45:04,735 --> 00:45:08,331
In other words, the
only issue before you
815
00:45:08,439 --> 00:45:12,069
is whether the prosecution
has proven sufficiently
816
00:45:12,143 --> 00:45:16,672
each and every element of the
crime of Murder in the Second Degree.
817
00:45:16,747 --> 00:45:21,708
Namely, did the defendant intend
to cause the death of David Lerner
818
00:45:22,420 --> 00:45:25,481
and did he in fact
cause said death?
819
00:45:39,136 --> 00:45:42,004
Madam Forewoman, has
the jury reached a verdict?
820
00:45:42,073 --> 00:45:43,336
Yes, we have, Your Honor.
821
00:45:43,407 --> 00:45:47,139
On the sole count of the indictment,
Murder in the Second Degree,
822
00:45:47,645 --> 00:45:49,011
how do you find?
823
00:45:52,383 --> 00:45:55,046
We find the defendant,
Steven Smith, guilty.
824
00:45:56,053 --> 00:45:59,512
The defendant is remanded
to custody pending sentencing.
825
00:46:00,291 --> 00:46:01,657
Jury is excused.
826
00:46:02,493 --> 00:46:03,961
Court is adjourned.
827
00:46:09,367 --> 00:46:10,562
I'm so sorry.
828
00:46:10,635 --> 00:46:12,763
We split hairs. We won.
829
00:46:14,038 --> 00:46:15,131
But I'm still not convinced
830
00:46:15,206 --> 00:46:18,699
putting Steven Smith in prison
for 25 years is the right thing.
831
00:46:19,777 --> 00:46:22,246
You think he should
be on the street?
832
00:46:23,080 --> 00:46:25,106
You know that's not what I mean.
833
00:46:25,483 --> 00:46:27,884
The law only gave
us two choices.
834
00:46:30,955 --> 00:46:31,955
Coming?