All language subtitles for Law.and.Order.Trial.By.Jury.S01E05

[Man Narrating] In the
criminal justice system...

all defendants are
innocent until proven guilty,

either by confession,
plea bargain or trial by jury.

This is one of those trials.

[Woman On Phone] 911? Is this
911? Please, you gotta help me.

Oh, my God, she's— The
baby is barely breathing.

[Operator] Where is the baby now? Marissa!
She’s right here. She's right next to me.

I think she's dying. Please! Lay
her down and tilt her head back,

and see if something is blocking the
airway. Please, you've gotta help me!

Please come quick. Please. I-I don't
know what to do. A-Ah, stay calm.

I'm all alone here![Breathing
Heavily] Gently

sweep through the baby's
mouth with two fingers.

There's nothing. She's just—

Oh, my God. She's not breathing at all.
She's not breathing. Help is on the way.

Marissa? Oh, my God.
She's dying! I think she's dying.

Please!

A.D.A. Gaffney? Hi.

I didn't know this was your case.
Yeah. The child lived in my precinct.

- This is Detective Terrano.
- Hi.

- So where do we stand?
- The doctor just told me they're
taking the child off life support.

It's gonna be a homicide.

What else are they saying?
They wanna show us X-rays.

Looks like shaken baby.

Retinal hemorrhaging.
You can actually see that the

eyes have slammed against
the back of their sockets.

How long would you say she was shaken?
At least 30 seconds, possibly a minute.

But the scan also shows an acute
subdural hematoma. Brain bleed.

We operated to
relieve the pressure, but

the damage was too
severe. She's brain-dead.

Well, that couldn't have
happened from just being shaken.

Right. The skull is
fractured. Now, the temporal

bone lacerated the
middle meningeal artery.

Well, could it have been
an accident, maybe a fall?

Yeah, they'll say that.
But this was no accident.

The nanny had sole care of
Marissa since 6:30 this morning.

I'll order up some surveillance,
make sure she stays put.

So you've talked to the
parents? Single mom.

She adopted Marissa
from China six months ago.

Needed a nanny because
of her work schedule.

Enter Katie Nevins
from rural Pennsylvania.

What do we know about her?
She moved here six months ago.

Told the mother she wants to be a
handbag designer. What, in her spare time?

That was the problem.

This morning she asked for
the day off. Dr. Downey said no.

They had words.

Dr. Downey? That's her...

Dr. Emily Downey, on
staff here. She's the mother.

She was in surgery when
the call about Marissa came in.

[No Audible Dialogue]

I told her you were coming. Wait.
I don't think that we should, um...

I think she's...
saying good-bye.

I want to talk to that nanny.

[Knocking]

- It's that detective again.
- At 1:00 in the morning?

Katie, this is Assistant
District Attorney Gaffney.

You're, like, a
lawyer? Exactly like.

What's going on? I have
some questions to ask you.

Well, I already told them
everything, but whatever y...

Actually, I'd like to do
it down at the precinct.

Well, how's my friend
gonna get home? We were

gonna take the train
together. I'll be okay.

Come.

How's Marissa? Is she doing
all right? What do you think?

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Now, is it true that your
client was in the process

of fleeing the city when
she was brought in?

Katie was on her way to Queens
to spend the night with a friend.

Now, last I heard,
sleepovers were still legal.

See, this is how the D.A.'s office distorts
things when they don't have a case.

And believe me, they don't.

Peter Betts. I'd lay money
he leaked that "fleeing

town" story himself
just so he could refute it.

Who's pickin' up his tab?
[Kibre] The nanny agency.

Waverly Nannies can afford Peter Betts?
[Branch] Their insurance company can.

If they get an acquittal,
they avoid civil litigation.

I'm thinking manslaughter
would look reasonable and play

against the evil stereotype
Betts is framing us with.

[Branch] What— we go paws up because we
can't take being called names in the press?

Mary Poppins is killin' babies
over on the Upper East Side.

Strikes fear into the hearts
of every mother in town.

Tracey, if the baby
was just shaken...

Nanny's frustrated, doesn't mean to
really hurt her— that's manslaughter,

but when she then smashes
the baby's head because

the shaking didn't stop
the crying, that's intent.

There you go. And with
intent, you've got murder two.

And I've got a meeting, so if
you ladies will excuse me...

[Door Opens, Closes] I thought
we agreed on a united front.

I'm sorry. But I was there.

I saw this baby die in
her mother's arms. [Sighs]

This is a murder case.

Well, it's murder
if you can prove it.

We can.

Case number 436804, The
People v. Katherine Nevins.

The charge is murder in the
second degree. How do you plead?

Not guilty.

- Bail?
- Your Honor, we ask that Katie Nevins
be remanded pending trial.

Go ahead. The defendant
has no job, no place to live...

In short, no connection
to the community.

We have every reason to believe
that she's a flight risk. Mr. Betts?

Your Honor, my client
isn't goin' anywhere.

Now, she is eager to have
her day in court so she can

refute these outrageous claims
and restore her good name.

Counselor, right now, let's
focus on where she'll be sleeping.

Well, my wife and I have
offered her our guest room.

And Katie's mother has taken leave
from her job as a teacher's aide...

to come and be with
her daughter full time—

Something that she did, by the way, during
the first seven years of Katie's life.

Emily Downey will not have the
opportunity to raise her child, Your Honor.

Okay, enough. Miss
Gaffney, if Mr. Betts is

providing a place to live
and a support system,

bail will be set at one
million dollars, cash.

[Quietly] A million dollars?
Uh, the insurance will pay.

We'll post this
afternoon, Your Honor.

Hey. Hey.

Heard the bad news.
Yep, she made bail.

No, the bad news.
We got Judge Patel.

Okay. Make my day worse.

Patel is an ex-legal aid
attorney. He's not D.A.-friendly.

I've seen a case go south with him
on his rulings that had a smoking gun,

a confession and an
eyewitness that was a nun.

Great.

And with Katie out on bail,
there's no chance of a plea.

Can we do anything? Pray the clerk
made a mistake and we didn't get Patel.

Resorting to prayer,
huh? [Chuckles]

You religious? No.

Are you? I'm Irish.
It's mandatory.

So in your statement
at the precinct, you said

you took Marissa to
the park that morning,

and that she might have
fallen and banged her head.

She was chasing after
these older kids, and I turned

my back for one second,
and she was on the ground.

Well, my point is, you
didn't mention this the first

time you talked to the
police at the apartment.

I guess I—I didn't think
it was that i-important.

Wha— Paramedics are
asking you what happened,

you don't think a head
bump is important?

Well, I said she might
have. Well, I would

think even the possibility
of a head bump...

is worth mentioning. I
wasn't really thinking straight.

You know, it's, um,
kind of convenient...

that you suddenly remember
this fall once you're in custody!

- No, that's not what— - What?

They're questioning
me for hours.

- And I'm rem—I'm just
remembering stuff— -

Remembering what? What
were you remembering? What?

[Voice Breaking] God, I never
should've taken this stupid job.

[Sighs]

Are you scared?

- Yeah.
- Yeah, well, good. You should be,

'cause right now, the
D.A.'s are high-fivin'

themselves over the
inconsistencies in your statements,

and they're figurin' out all the
ways they can to brand you as a liar.

And that fall in the
playground is way number one.

But that's not— I know it's not.

You ready to go to work—
Let that fear motivate you?

Yeah.

Katie Nevins' driver's license— Lists
her address as Hastings-on-Hudson.

I'm sure Waverly Nannies has clients in
Westchester. Maybe she worked there first.

On her application for Emily Downey, Katie
says she just moved from Pennsylvania.

Doesn't say anything
about Westchester.

Anytime someone has a reference
and doesn't use it, there's a reason.

I'll run it.

Mind if I tag along?

Don't they keep you
busy enough at the 3-1?

I was there at the hospital,
remember? I saw what you saw.

Sure.

[Sighs]

We saw Katie on
the TV. I-It's terrible.

I was gonna call you guys, but my
husband doesn't want to get involved.

So she did work for you? Live-in
nanny, but only for a few weeks.

Mind telling us what happened? Well,
my sister was gonna move in with us.

- We wouldn't need a nanny.
- Did she?

- Um— - So she didn't move in.

Now after paying that hefty agency
fee, why'd you get rid of Katie?

I don't like talking about this.

- I would feel more comfortable
if— - Being uninvolved. I know.

Our firm's attorney said that my experience
with Katie is probably not even relevant.

Why don't we go to his office, have
a little talk with Clarence Darrow?

Please don't drag him into this. Call him
on the phone. Conference in your husband.

We can all talk about how you're avoiding
helping a mother who just lost a child.

She spanked my four-year-old.
Hard. He had welts.

He found a piece of fabric in her room
and made a cape out of it. He's four.

He thinks he's a superhero.

I guess it was expensive fabric for
a purse she was designing, and...

he kinda trashed it.

But welts?

I've been looking at the
case law on shaken baby,

and typically these
cases are not murder two.

Uh, this isn't just shaken baby.
The child's skull was shattered.

All the same, you don't think
you're overreaching here?

[Kibre] No, Your Honor.
We honestly don't.

By "we," you mean
yourself and Mr. Branch?

Uh, the D.A.'s
office in general.

Well, the office that Mr. Branch
heads at the discretion of the voters.

Too bad that district attorney
is not a lifetime appointment.

He would be free of political necessity.
He could make decisions based on the law.

- Which is how this decision was made.
- Well, I hope so,

'cause it would be a
tragedy to destroy a young

girl's life for the
sake of public opinion.

We feel the tragedy here is the depraved
indifference to Marissa Downey's life...

displayed by the defendant.

Okay then. If you feel
you can meet the burden

of proof for murder
two, go ahead and try.

Next case.

The autopsy confirmed that the decedent
died as a result of a subdural hema...

Liz, remember, always
refer to her as "Baby Marissa."

We need to humanize
her as much as possible.

That's a good point,
'cause I was gonna call her

"case number 4235-11."
[Chuckles] Okay, gimme a break.

I'm dealing with Judge
Patel, who has already made

it clear he doesn't think we
can make second degree.

All right. Well, I'm
here to make your life

easier. Look what else
showed up in the autopsy.

There. That's a buckle
fracture of the right wrist.

What, a result of the shaking?
Yeah, that's what I thought too, but see,

the bone's begun to knit.

This injury must have occurred a good
six weeks before Baby Marissa's death.

And no one noticed? Well,
that happens with infants.

The child can't explain where it hurts
and compensates by using the other arm.

And we already know that Katie
struck the Rawlings kid out of anger,

so if she did this to Marissa...

I'd say you have a
pattern of behavior.

Emily met Marissa when she was in
China working with a group of surgeons...

who volunteer in
underdeveloped countries.

You know, if we use this
picture from the orphanage,

we highlight her work
with Operation Smile and...

That reinforces her as
being abandoned. Jury's

not gonna care if
her birth mother didn't.

How about this one?

No, that one looks expensive. No
portraits, unless they're from Sears.

Oh, this one's good.

- Really?
- Yeah. Every juror's got a picture of their kid
or niece or granddaughter...

with spaghetti sauce
all over their face.

You know, I thought seeing her in
the hospital was bad, but this is...

Exactly. That's what
I want the jury to feel.

- Dr. Downey's here.
- [Quietly] Okay.

So the judge will sit
here, prosecution will

be over there, and
you'll sit here with me.

Where will Emily sit?
Well, she's a witness.

She'll only be allowed
in when she testifies.

She'll sit over there.

What if she freaks out at me?
No, she won't freak out. [Chuckles]

You don't know her.

She may seem all sweet and nice, but you
should see her when she gets pissed off.

Whoa. Whoa. Wait a minute.

She gets upset?

I need to know this. Sit
down. Tell me all about it.

Katie started in right
away about this woman,

a buyer for Anthropologie who had
agreed to take a look at her designs.

She asked me if I could
come home for an hour that

afternoon or let her
drop Marissa at my office.

Apparently she'd already set up the
meeting. And what did you tell her?

I told her I had surgery. Maybe
if she'd given me more notice...

And how did she react?
She started crying—

Begging me, asking if maybe
a nurse could watch Marissa.

I told her, "No. They
have their job to do."

So how did you leave it with
Katie? I had to go to work,

so... I left.

I left Marissa there with
her. [Voice Breaks] I'm sorry.

This is just— [Sobs
Quietly] It's okay, Emily.

Showing emotion on the
stand is not a bad thing.

I went back to work three weeks after
I brought Marissa home from China.

I told myself it
was the best thing.

Wouldn't it be easier
for her to get used to

the routine and the nanny
right from the get-go?

- But was I really thinking about her?
- Okay, stop.

You can't let the defense
get even a whiff of self-doubt.

You're not guilty,
Emily. Katie is.

[No Audible Dialogue]

So based on the defense witness
list, how's Betts gonna play this?

Well, for sure,
accidental death. Yeah.

Katie's stuck with her
statement about Baby Marissa

possibly hitting her
head on the playground.

And their experts-for-hire will
testify that Marissa's injuries

are consistent with a fall and
Katie's attempts to revive her.

And we counter with—
Doctors who went to med

schools you've actually
heard of. [Chuckles]

Who argue the injuries
couldn't be accidental.

We further destroy their
claim of accidental death

by establishing a
pattern of violent behavior.

All right. Whenever Katie feels powerless,
she takes it out on someone less powerful.

Mm-hmm. Four-year-old Kevin
Rawlings destroyed expensive fabric.

Baby Marissa got in the way
of a really important interview.

Someone get Ravell and Salazar to see if
she had any career setback six weeks ago...

that would coincide
with a wrist fracture.

[Woman] Already done.
They interviewed Katie's friend.

Eve Walsh says Katie
missed a sign-up deadline and

was shut out of a class
at the Fashion Institute.

Great. Now if we can just get
the evidence past Judge Patel...

That just got a
lot more difficult.

Motion to quash our subpoena of
Kevin Rawlings, filed by his parents.

Aside from the obvious competency issues,
where is the relevance, Miss Gaffney?

- Once Your Honor hears
the witness testimony, it will

be— - That's not what I
asked. I asked you to tell me...

- As we stated in our brief—
- I read your brief. If that's

all you've got, I'm going to
allow the motion to quash.

Mr. and Mrs. Rawlings, your child
does not have to appear in this matter.

Moving on. I've taken
the liberty of reviewing...

the pre and postmortem
photos of the decedent.

I find them to be
unduly prejudicial.

- Your Honor, Stevens
clearly states that relevant

photographs— - Stick it in
your appeal file, Miss Gaffney.

Next, the admissibility of the
wrist fracture, a previous injury.

[Quietly] You do it.
He's out to kill me.

- [Clears Throat Quietly]
- Miss Kibre?

Your Honor, Neer states, in cases of child
abuse when the crime occurred in the home,

prior injuries are relevant in establishing
that the death was not accidental.

- Mr. Betts, I assume
you want to be heard on this?
- Uh, yes, Your Honor.

Uh, admission of further
injuries would lead to

juror confusion and be
prejudicial to my client.

You want to give me
some cases, Mr. Betts?

Well, obviously the Neer case.

[Judge Patel] The case that
Miss Kibre just cited? [Betts] Yes.

[Judge Patel] You're gonna
have to do better than that.

Based on that argument, I have no choice
but to allow the prosecution's motion.

[Gavel Raps]

[Sighs] Reassign me.
I'm hurting the case.

Stop making this personal.
Patel's making it personal.

Because of me, we lost the motion to
quash, the admissibility of the photos...

You missed the biggest
thing that happened in there.

Why did Betts fold on the wrist
fracture? Why didn't he fight us?

He wants it in.
Because it works for him.

Stop worrying about
Patel and worry about that.

If I err on the side of caution—
Caution? You're misinterpreting the law.

Stevens is about inflammatory
images. Exclude the autopsy photos, fine.

But to exclude something—
What—a picture of an

adorable baby in the
arms of her loving mother?

You're supplying the adjectives, Sam,
not me. Yes, b-but—but that's the subtext.

See, all babies are adorable,
just as all mothers are loving.

If that doesn't inflame
the jury into a thirst for

vengeance, even if the facts
don't sustain the argument...

You're withholding
facts— what the baby

looked like healthy,
her—her size, her weight.

I'll give them measurements.

- Where is this coming from?
- Certain people are so hell-bent
on trying to turn...

What— "certain people" —
What— do you mean women?

Hey, it might even be a
good thing, you know, a

Darwinian advantage— uh,
mothers protecting their young—

But with women, there is an inability
to be rational when a baby is involved.

[Chuckling] Yeah. Do you
know how sexist this sounds?

Well, slapping a label on it
doesn't make it any less true.

Ah, so you're going to
personally defend this girl...

against vindictive women like
me, hopped up on estrogen?

I am going to make sure that she
gets a fair trial based on the facts.

I very much doubt that.

Well, thank you, Amanda.
You've actually proven my point.

Only one person had the motive and the
opportunity to commit this terrible crime:

Katie Nevins.

We will prove that
Katie was frustrated—

Panicked that her big
opportunity was passing her by.

The prosecution's job is to
convince you and to prove to you...

that Katie Nevins
killed that little girl.

All I have to do is raise a
reasonable doubt in your

minds, and I can do that. But
I'm gonna go you one better.

After all, a little
girl died here.

I'm gonna prove to you this
terrible tragedy was an accident,

and I'm gonna
prove— Prove to you—

That my client did not cause it.

Thank you.

He can't prove anything. It's all
smoke and mirrors. Well, he's not stupid.

He wouldn't have raised expectations if
he didn't think he could deliver something.

What? There are no
witnesses. Katie said in her

statement that she
was alone with Marissa...

from 6:00 a.m. when Emily
left until the paramedics arrived.

Well, what if she wasn't alone?

What if at the last
minute she got someone

to babysit for her and
something went wrong?

The cops already checked the security
tapes from the Downey building that day.

Yeah. Well, now our people
are gonna check them.

We're gonna need
coverage of the lobby and

the corridor outside
the Downey apartment...

from 5:00 a.m. to 5:00 p.m.
the day Marissa was murdered.

We maintain coverage,
uh, goin' back eight

months. There's cameras
in every public space.

- A shame you don't have any footage
from inside the apartment.
- [Typing]

I guess for the Paris Hilton
stuff the tenants are on their own.

That morning, I went
into her room, and...

she was in her crib, smiling.

She had this little stuffed panda
that she liked to sleep with, and...

she was kissing it and then
holding it out for me to kiss.

It was a sign to me of
how well she was doing.

What do you mean by that?
She was showing affection—

Feeling attached
to her things, to me.

After a year of
institutional care in China,

she was really blossoming.

How was her health?

Her pediatrician and I did a thorough
work-up. Marissa was in excellent health.

So during this exhaustive
workup, did your

pediatrician detect
Marissa's wrist fracture?

- No.
- And you're a physician,
are you not?

- Objection.
- Sustained.

You say you bonded
with Marissa rather quickly.

I loved her from the
moment I saw her.

- And when you say "love,"
what do you mean by that?
- Objection. Relevance?

Dr. Downey's never been married.
She doesn't have any other children.

Now, I know she is a respected
and admired professional.

I'm just trying to understand if she
can separate love from being loved.

Move on.

I call your attention to
the People's exhibit 13.

Do you recognize that?

Yes. Those are the notes I
took when Katie called me.

The call informing you
that your daughter was

gravely ill and being
rushed to the hospital.

- [Downey] Yes.
- So your daughter's dying, you have
the presence of mind to make notes?

- Objection.
- Withdrawn.

Read the last sentence, please.

"Child non-responsive to
repeated auditory commands."

And by the "child," you're
referring to Marissa, your daughter?

- It's a habit.
- Referring to Marissa generically
as the "child"?

No. It's medical shorthand.

Uh-huh.

[Betts Sighs] Now,
exhibit 24. [Paper Rustling]

Would you tell the
jury what this is?

It's an organ donation form.

Yeah. And that is your
signature there? Yes.

And this time here, I
believe, refers to the

time you signed it—
The time you agreed...

to donate your
daughter's organs?

Can you read that time?
"1:37 a.m., November 3."

Marissa didn't actually die
until 8:13 that morning, did she?

No.

So for a good seven
hours before that,

you're giving away her eyes
and her kidneys and her lungs.

She was effectively...

- Her E.E.G.— - Your daughter isn't even
dead yet, and you're giving away her heart?

- Objection!
- It's standard protocol when...

[Betts] Withdrawn.

I'm done.

[Sniffles]

A t least two mechanisms were
involved in Baby Marissa's death:

the first, a violent shaking
or swinging of the head,

the second, a severe blow to
the head against a blunt surface.

Now it is possible
that one of these

mechanisms could have
occurred accidentally,

but two together in a short space of time—
The chances of that are practically nil.

Thank you.

- Doctor, are you familiar with a condition
called "talk, deteriorate, and die"?
- Yes.

And in these cases,
isn't it true that even

though these patients
suffer severe head trauma,

they continue to
behave normally?

It's a very rare
condition. But it happens?

- Uh, well, yes— - So
isn't it possible that

Marissa Downey
sustained her skull fracture...

at an earlier date and still continued to
walk around as if nothing were wrong?

Objection. Calls
for speculation.

Your Honor, the People put
up this witness as an expert.

I'll allow it.

Please answer the question.

In this case, the
likelihood of that...

Is it possible,
Doctor? Yes or no.

The possibility is so remote that
I wouldn't even— Is it possible?

Yes.

Thank you, Doctor.

Oh, one other... thing. You testified
that Marissa fractured her wrist...

six weeks before her death.

That would be, uh, September 22.

- I would have to look at a calendar.
- Oh, well, I have one. It's, uh...

It's one of those... ones you
get at the dry cleaners. [Chuckles]

Yes. September 22, give
or take a few days. Sure.

Thank you, Doctor.
Nothing further.

[Typing] My shift is over.
Nick here can help you out.

You mind? We're on a
tight schedule. [Nick] Yeah.

This again? How many times do I gotta stare
at the footage of this friggin' corridor?

I mean, first the cops, then that
P.I., and what— now you guys?

Whoa, whoa. A private investigator
asked you to play this footage?

Yeah. This hallway, but a different
day. It was like six weeks earlier.

Look. I burned the guy a DVD.

- [Judge Patel]Arguments?
- Where do I begin?

Apart from the fact that
the footage is inflammatory

and prejudicial against
the mother of the victim,

there's also the issue
of unfair surprise.

Mr. Betts obtained this footage a
week ago and has been sitting on it.

Mr. Betts, is this true? No.

I only recently got my
hands on a copy and didn't

get a chance to watch it
until yesterday, Your Honor.

Miss Kibre?

Well, unless you have
evidence to refute Mr. Betts's

story, I'm gonna have
to take him at his word.

With that in
mind, I'll allow it.

Then what about the fact that not only is
it irrelevant, but also too remote in time?

Need I remind you, counselor, that it
was the People who insisted on having...

the prior wrist fracture
admitted as evidence?

You made your bed on this
one. I'm calling back the jury.

[Betts] Now, this is
surveillance video recorded

in the hallway outside
Dr. Downey's apartment.

Now pay particular attention
to the force this woman uses...

to grab her child's wrist and
yank her from the elevator—

A desperate mother
supercharged by

adrenaline, unconscious
of her own strength.

- And what is the date on this footage?
- [Nick] September 22.

September 22?

That's the same day
that the medical examiner

said Marissa had
fractured her wrist.

I guess I kinda knew
something was wrong.

For those last few weeks,
Marissa had been really irritable.

She was crying a lot,
unable to get comfortable.

Did you say anything to Emily?

Well, I— I figured
she's a doctor.

If the baby was sick,
she'd do something.

And the one time I did say
something, she kind of blew it off.

What did you say? She had just
come home. It was about 8:00 at night.

Emily always had calls to return,
and she liked... it to be quiet.

And Marissa was just
being really fussy, and...

I said she'd been like that all
day and maybe she was sick.

And how did she respond to that?

She handed me a cookie and
told me to give it to Marissa.

Did you? All that sugar that late?
Marissa would never have gone to bed.

I guess since Emily was never really
there at bedtime, she didn't realize the...

- Objection.
- Miss Nevins,
please answer the question.

No, I didn't give her the
cookie. I ate it myself.

[Betts] One last question.

[Sighs] Just to be clear,

did you shake Marissa Downey...

and then slam her head into a blunt, hard
surface, causing those horrible injuries?

No, sir.

I loved Marissa. I never would
have done anything to hurt her.

Thank you, Katie.
Nothing further.

What kind of cookie?

Oh, um, I think it was...

Is this relevant?

I'll withdraw the question.
I've already gotten my answer.

Please ignore Miss
Kibre's last remark.

Can you show me exactly where
Baby Marissa was in relation to you...

when you told the 911 operator,
"She's right here, right next to me"?

Okay. And then the operator told you to
tilt her head back and check the airway?

I just kind of opened her mouth.
Oh, don't tell me, show me.

And where's the phone?
It was on my shoulder.

Oh. Could you show me?

This is an exact match
of Emily Downey's phone.

Okay. And then the
operator told you to take

two fingers and make
a sweep of her mouth.

I can't. The doll's
mouth doesn't open.

Oh. Well, just do
the best you can.

Uh, I think I— I must've put the phone
down for that. It's all kind of a blur.

- That's okay. Try it again.
- Objection. Relevance.

The demonstration of
the lifesaving techniques

used by the defendant
goes to her credibility.

Objection overruled.

We'll pick up here after a
10-minute break. [Gavel Raps]

[Clears Throat Quietly]

We just broke 45 minutes
ago. The son of a bitch

is doing this just to
screw up your rhythm.

It's a perfect way to kill a case...
and leave no fingerprints for an appeal.

[Mouthing Words]

Yeah? You ready?

Getting there. [Door Closes]

You know that— that Judge
Patel, he is such a— [Scoffs]

I bet ya he makes his
wife call him "Your Honor."

[Chuckles] Well, screw
Patel. I'm all about the jury now.

[Sighs]

Maybe I let this case get to me. Maybe
we should have gone for manslaughter.

No. Kelly, you were right
to push for murder two.

Don't be afraid to be right.

Emily Downey had it all:

great job, good
home, gorgeous child.

And when that child
died from her own neglect,

she had the perfect
scapegoat: the nanny.

[Sighs]

I want you to use
your common sense,

and don't believe the...

elaborate, sinister accusations
cooked up by the D.A.

Believe your own eyes.

Now the only person anyone
has ever seen harm that child...

is her own mother.

Find Katie Nevins
not guilty. Thank you.

Mr. Betts wants you to
"believe your own eyes,"

and by that he means the video
footage that he played for you.

Well, that video shows a
mother protecting her own child.

Emily didn't hurt
Baby Marissa...

Not to the extent that we all saw
on the X-rays and the C.T. scans.

So who did?

Let's go back to the 911 tape.

Okay. You remember how
Katie showed us how she

followed the operator's
instructions? Yeah.

[Operator On Tape] 911. Your call is
being recorded. What's your emergency?

[Katie On Tape] 911?
Is this 911? Please, you

gotta help me. Oh, my
God. She's not breathing.

[Operator] Help is on the way.
Where is the baby now? Marissa!

She's right here. She's right next
to me. I think she's dying. Please!

- Lay her down and tilt her head back,
and see if something is blocking the airway.
- Please, you've gotta help me!

Please come quick. Please, I-I don't
know what to do. I'm all alone here!

[Operator] A-Ah, stay calm. Gently sweep
through the baby's mouth with two fingers.

[Katie] There's nothing. She's just— Oh,
my God. She's not breathing at all. Stop.

[Switch Clicks]

There's no way the defendant had enough
time to follow the operator's instructions.

I could barely get the baby's head
back. She didn't check the airway.

Why? Because she knew
there was nothing blocking it.

She knew exactly what
was wrong with that baby.

She had just
smashed her head in.

She needed to get to that interview,
and the baby wouldn't stop crying,

so she started shaking her
to shut her up! [Doll Rattling]

You heard the experts—
This was no playground

incident, this was
no tug of the arm.

- This was violent shaking
that wouldn't stop!
- All right, Miss Kibre. We get the idea.

Don't worry, Your Honor.
I've only got 25 more seconds.

[Rattling Continues]

Miss Kibre, that's
enough. Almost done!

Stop immediately, or I
will hold you in contempt!

Katie Nevins didn't give a
damn about Marissa Downey.

Will you?

In the matter of The State of
New York versus Katherine Nevins,

on the charge of murder
in the second degree,

we the jury find the
defendant... guilty.

- [Spectators Murmuring]
- No.

Why are they doing this to me?

[Judge Patel] Order!
Order! [Rapping Gavel]

Madam foreperson, take your seat.
Will the clerk please poll the jury?

Juror number one?
[Woman] Guilty.

Juror number one, guilty.

- Juror number two?
- Guilty.

[Clerk]Juror number two, guilty.
Juror number three? [Woman] Guilty.

Juror number three, guilty.
Juror number four? [Man] Guilty.

Juror number four,
guilty. Juror number five?

[Bailiff] Criminal
term part 48 is now in

session. The honorable
Samir Patel presiding.

You may be seated.

My duty as a judge is to
ensure that the defendant...

receive a fair and impartial
trial based on the facts.

And any blatant appeals to the jury's
emotions are kept out of the proceedings.

Much to my dismay,

my attempts to fulfill that
duty have been unsuccessful.

Therefore, in the interest
of justice, I have no choice...

but to vacate the jury verdict
of second degree murder.

And, as a matter of law, I
find no evidence proved...

intent, complicity or knowledge
beyond a reasonable doubt.

In addition, I am taking the unusual
step of dismissing the indictment.

[Spectators Murmuring]

File whatever you
like, Miss Kibre.

[Gavel Raps] Court adjourned.

[Murmuring Continues]

What does this mean?

This means you can go home.

We'll file an appeal.
Which we'll lose.

Patel was careful. He made sure
his ruling stuck to the letter of the law.

- What's the point then?
- Well, you never know.

Um, we could turn up
some new evidence.

I'll be gone for a while, so...

Where you going?
The Sudan first,

and then... wherever
they need me.

I wish we'd won the case.

You did.

[Phone Ringing In Distance]

[Sighs] Can't we do
something— you know, like, just...

call somebody and try to get
Patel transferred to traffic court

on Staten Island where he's
not playing with people's lives?

Kelly, move on.

She has.

[Sighs]

[Howling]

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