All language subtitles for Law and Order UK s04e03 Shaken.eng

In the criminal justice system,
the people are represented

by two separate yet
equally important groups:

The police who
investigate crime

and the crown prosecutors
who prosecute the offenders.

These are their stories.

( Music blares from upstairs )

Leila?

Leila!

( Music stops )

Leila!

Do you think Alex can sleep
with that racket on?

Sorry, I wasn't thinking.
Yeah.

Hope you had the monitor with you.
Of course.

He's out for the count.

The monitor is switched off, leila.

( Continuous beeping )

Call 999.

( Beeping continues
) Phone 999, leila.

Now!
Call 999!

Now!!!

Mr Raines, you'll be allowed to
carry your son to the ambulance

and hold him on the
way to the hospital.

You'll both be able to stay with him

for as long as you need to.
Thank you.

Where's my baby?
Where's Alex?

Where is he?
Suzy.

No.

No...
No, don't.

Don't!
Don't!

( Suzy sobbing loudly )

No! No!

Clear signs of
encephalopathy, intracranial

and intraocular bleeding.
I thought it was cot death.

It's not.
That's why I've called you in.

He has the typical triad
of injuries seen in

shaken baby syndrome.
So you're saying someone shook him?

Well, I checked for everything else.

And the time of death was
between 7 and 9 P.M.?

Yes, but the abuse could have occurred

any time in the last
12 hours of his life.

So working back from time of death,

someone could have shook the baby at,
say, 7 o'clock yesterday morning

and it would have took him 12 hours to die?
It's possible.

You ask me, someone picked that baby
up and shook it for all it's worth.

www.addic7ed.com
Adriano_CSI

this baby monitor is
state-of-the-art stuff.

Breathing sensor,

camera, recording device.

Was there a video recording
of that night? There was,

but when the monitor switched off, it
automatically deletes the last recording

unless you press "save."

Is there a way to
retrieve the recording?

I can't, but I know a man who
can if he has the hard drive.

Might take a while, though.
Get onto it straightaway.

Do we know who had access to the baby?

Suzanne Raines hands the
baby over to the nanny

and then leaves for work at 7:30.

But that's all it
takes... half an hour.

Mum's running late for work,
the baby holds her up,

she loses her rag...
Hang on.

Mum's not the only one
with access to the baby.

In most cases of sbs, like it or not,

the mum is the prime suspect.

That's because most of the time
the mum is the main caregiver,

but that's not the case here.

Yeah, there was a nanny, right?

Yeah. She is live-in, but no
formal childcare training.

All right.
Talk to the parents first,

but go easy on them, boys.

All new mums and dads worry
about cot death, don't they?

The first few weeks I
was up half the night

checking he was still breathing.

That's why we got the monitor.

They're supposed to be
safe after six months.

When we found out that it was more
likely to happen to boys than girls

we read up about it.

And we always put him on his back,

and we never left him to cry.

We don't think it's cot death.

Is that what all this is about?

There was bleeding in Alex's brain.

Sorry. Bleeding, how?

Someone shook him.
Suzy: No.

There must be some mistake.

( Cellphone rings )

It's work.
I have to take this.

Just let it go to voicemail, Suzy.
I can't.

( Clears throat ) Yes?

For God's sake, love.
Well, can't someone else?

No... okay.
No, fine.

I'll deal with it.

So much for compassionate leave, eh?

Matt: You must be under
a lot of pressure.

I mean, demanding boss, little baby...

Sorry, but what are you getting at?

It's perfectly understandable.

A lot of new mums don't realize
how hard it's gonna be.

No, no, no.
Don't you dare.

You know, my wife spends every
lunch break in the toilet

expressing milk so she can
still breast-feed Alex.

Does that sound like a mum
who wants to hurt her kid?

Mr Raines...

We have to ask these questions.

Leila told us that she normally
takes over around 7:30.

Can you remember what time you handed
the baby over to her yesterday morning?

She got him up after I left for work.

I had to be in the office at six
to take an international caller.

I'm selling some flats
for an overseas client.

I didn't even open the door.

And what about you, sir?

Did you see Alex
before you went work?

No.

No, I was away in Manchester
on business overnight.

I got back, um, I don't know,

a minute, two minutes
before I found him.

Right.

Other than yourselves and the nanny,

does anyone else have
access to the house?

My husband's ex-wife has a key.

Andrea and I share an
online jewelry busine.

The office is here in the house.

And was she here yesterday?

- I was in luton looking at samples.
- All day?

It was a big order.
The supplier wanted to take me out for lunch.

We're old friends.
I can give you his contact details.

Then I got back early evening,

and it was just me, emmerdale,
and a bottle of wine.

Could anyone have got
hold of your keys?

No, I had them with me.

Does Suzanne Raines mind
you working with Michael?

We're all grown-ups.

Look, it's that nanny of theirs
you should be talking to.

You do know about the time
she overdosed the baby?

Ronnie: A couple of months ago

leila turned up at accident
& emergency with baby Alex

because he overdosed on calpol.

And how does a four-month-old baby

get the top off a bottle of calpol?

Leila had given him the maximum dosage

meant for babies over one year old.

She repeated the
dosage one hour later.

She obviously realized
what she'd done,

panicked after reading the bottle.

And the parents never mentioned this?

Well, Alex was absolutely fine.

One mistake, all right, but two
months later the baby ends up dead?

See what our nanny has to say.

I didn't read the bottle properly.

You gave him a second dose
less than an hour later?

I was tired. I forgot I'd
even given him the first lot.

Soon as I realized what I'd done,

I took up up to the hospital.

And it says hereyou got hime

at around 10 A.M., yeah?
He was teething.

Suzanne was away at some work thing.

I'd been up with him half the night.

So you were stressed out.

Too right I was.

Suzanne only used homeopathic
stuff on him when he was unwell.

Said she was worried about e
e numbers in kids medicine.

Well, that's a parent's choice.

She wasn't the one stuck in the house
all day with a screaming baby.

So you went against her wishes.

She was into all that hippie shit.

You can't do attachment parenting
if you work 12 hours a day.

I gave Alex the calpol so
I could get some sleep.

Well, maybe you wanted some
sleep the night Alex died.

No. You'd been up with
the child since six,

you must have been exhausted.

I didn't hurt him.
Well, leila,

you were the only one who had access
to baby Alex the day he died.

And you were the one who
switched the baby monitor off.

I didn't.
It must have been faulty.

Mr Raines said your door was closed

- and music was blaring.
- Alex was asleep.

How would you know if the
monitor had been turned off?

His room was below mine.
I would have heard him.

Over the music?
He cried loud.

Dead babies don't cry.

I didn't know he was dead, did I?

He was always kicking off lately.

If he wasn't, he was asleep.

And what do you usually do

if he was to, as you say, kick off?

Check the monitor, wait a bit,
then go and settle him.

How long is a "bit"?

I dunno.
Depends how tired I am.

Five minutes? Ten?

What's the big deal?

Everyone does controlled crying.

Well, mrs Raines specifically told us

that she disapproved of it.

When my girls couldn't settle,

I just used to walk 'em up and
down the hall half the night.

Leaving a baby to cry it
out isn't abusive, Ron.

When you've had a kid, you
come back and tell me that.

Babies need to learn the
difference between night and day.

Comes a time when you say
they're fed, they're dry,

it's time they went to sleep.

Controlled crying teaches
babies to sleep by themselves.

It teaches babies that mum and dad

ain't coming no matter
how loud they cry.

It's the only way
babies can communicate.

Exactly. Could be saying, "I
want to play peep-o" at 3 A.M.

Or they could be
saying, "I'm in pain."

I wouldn't leave you
crying in another room

and not go to you, would I?

If you ever see me crying,

please make sure you do.
Ohh.

When you've finished debating
parenting techniques,

perhaps you'd talk to the last
people who employed leila

and see if their kid had
any visits to casualty.

My boss kept finding me crying
all over the customers.

( Baby coos ) Being away
from you was torture.

You didn't trust leila
to look after Mia?

Well, you hear all
these horror stories,

nannies who shove the kid
in front of the telly

and spend all day on the
phone to their mates.

So was leila like that?

You don't know what goes on
when you're out at work.

And was something going on?

She used to spend the whole
evening on her laptop.

I started worrying she
was on it all day, too.

So I borrowed one of those
nanny cams from a friend.

And did you see leila hurt Mia?

No, I could hear
Mia shut in her bedroom,

crying her little heart out.

Leila was on my sofa...
Having sex with her boyfriend.

I managed to access leila's email
and social networking accounts.

She met her boyfriend Lloyd
on a social networking site

for squaddies and their families.

He's stationed out in Afghanistan.

Well, if he's out there, how many
times did they actually meet?

Only a handful, but this is the
longest they've been apart.

So it was serious.

Well, you tell me.

"Can't wait to rip your clothes off

"and show how much I missed you.

"Had this really dirty dream
about you last night.

"I had you tied to my bed.

"I was in control,

"and you were begging me to touch you,

yes, ang, we get the point.
And to make you"...

Thank you.
The emails are nothing.

I checked the media files and found...

This.

( Chuckles )

Well, maybe they wanted something
to remember each other by

when they're apart.

A passport photo in your wallet

used to do the trick
when I was a teenager.

Can you tell when this made?

Down to the second.
It was made the night the baby died.

Recording started at 8:21

and then finished at quarter to 9:00

when leila heard Michael
Raines come home.

So these two were making porn movies

while the baby lies dead in his cot.

Any mention of the baby in
the emails the day he died?

One.

This was sent two hours before
they turned the webcam on.

"Michael's train delayed.

"Bitch at work as usual,
so no night off.

"They aren't gonna ruin this for us.
You come here,

I'll make sure the baby
doesn't get in the way."

I didn't think it was important.

He was in the house
when Alex died.

Lloyd wouldn't have hurt Alex.

He wouldn't hurt anyone.

What time did he come round?

Not till after I put Alex to bed.

Now, you said Alex had
cried a couple of times.

Was that before or after
Lloyd arrived at the house?

Leila, we need to know
the truth, please.

Just after Lloyd

got round, I went upstairs,
rocked Alex back to sleep.

I got to the bottom of the
stairs, and he woke up again.

And you got angry.

At Michael and Suzanne,
yeah, not at Alex.

But Alex was the one ruining the
reunion with the boyfriend.

I didn't hurt him.
I wouldn't have.

So who did?
I dunno.

I swear.

Did Lloyd have any contact

with the baby?

Leila, we need to know.

He wasn't in there long.

He said he used to get his baby
brother to sleep all the time.

Matt: No criminal record,

he's been in the army
since he left school.

Been stationed in Afghanistan
for the last five months.

He's one of the peacekeepers.

Only he's not that good at it.

Lloyd Benson's been the
subject of a disciplinary.

Put another squaddie in hospital.

Have you seen his family history?

Yeah, grew up in Camden, mum and
dad split up a few years back.

Two older sisters.
There was a baby brother.

Was? Yeah, the baby died
at three months old.

Postmortem couldn't
find cause of death,

so it was classed as sudden
infant death syndrome.

And guess who was baby-sitting?

That's him.

Lloyd Benson, I'm arresting you

on suspicion of the murder
of Alexander Raines.

You do not have to say anything,

but it may harm your defence...
You're joking.

No joke, son.

Lloyd: Dante's death tore
my family apart. I bet.

Did your family blame you?

He was fourteen years old.

Well, dealing with a crying baby

isn't easy for an adult, is it?

But I mean, you were just a kid.

I never hurt my brother, and I
never hurt this kid neither.

Leila said that you went into the
baby's room to settle him down.

What time would that have been?

Dunno. Eight-ish?

And why didn't
she go in to him?

She'd been in there five times.

Every time she left the room
the baby kicked off again.

So you thought you'd have a go?
Yeah.

And how did you do that?
Settle him down, I mean.

I sang him blackbird
by the Beatles.

My mum used to sing it to me.

Look, I just wanted to
be with my girlfriend.

To get back to making
some more home movies?

It was only for us.

But the baby got in
the way, nonetheless.

No... yeah...

You must be under a lot
of pressure, Lloyd.

I mean, what with Afghanistan

and all the rest that goes with it.

You have no idea.

I fail to see how private
Benson's job is relevant.

Well, the relevance of
private Benson's job

is the fact thathe attacked
a fr of his regiment...

I was trying to break up a
fight, defending my mate.

That is what you're trained to do,
though, isn't it? Defend others?

Yes?

Even kill, if necessary.
Insurgents, not babies.

Here's what I think happened, Lloyd.

I think you went in
to that baby's room

to help settle him down,
and it didn't work.

No. I told you... and then
maybe he cried some more,

leila was getting upset with you,

it spoiled the moment
for the pair of you,

and maybe you lost your temper.

Yeah, it spoiled the
mood, leila was upset,

but the only thing making
me lose my temper is you!

Sit down, son.

Lloyd wouldn't hurt a baby.

You know his baby brother
died, though, right?

What?
Yeah, he was three months old.

Found dead in his cot.
Lloyd was baby-sitting.

You're lying.

The death certificate said it was
sudden infant death syndrome,

but it wouldn't be the first time that

a cot death turned out to be murder.
No way.

Lloyd's proper close to his family.

It's a bit of a coincidence
though, isn't it?

Two dead babies,

and Lloyd is there alone
with both of them.

Maybe you don't know him quite
as well as you think you do.

Lloyd was alone in that room with Alex.
You said it yourself.

Now, someone got angry that night...

And someone shook that baby.

And if it wasn't you, then...

It must have been Lloyd.

We were in my room.
Playing music.

Alex's crying was doing my nut in

so I put the parent unit on silent.

The lights flash up and the screen
comes on when the baby cries.

The lights were flashing like
mad when Lloyd went in there.

Then they just stopped.

Lloyd said he'd settled him.

He said Alex was fast asleep.

I used to know every squeaky
floorboard in my girls' room.

Step on the wrong one, and bang
goes an hour rocking them to sleep.

But you didn't know
Alex's room, Lloyd.

One false move and he's
bawling his head off again.

I was on my way out.

I'd only just closed the door.

And it woke him up?

Must have been the light in the
hall when I opened the door.

Right. Which one of you two
went back into the room?

Was it you or leila?

Lloyd...

Lloyd, the baby monitor
in Alex's bedroom

had a camera with a recording device.

And we have people working
on that hard drive,

retrieving that recording.

So pretty soon we're
gonna be able to see

when that baby was in
and out of that cot.

And we're gonna be able
to hear every sound

from that room on that night.

You're gonna make me
wait for those results?

Or are you gonna tell me now what I'm
gonna see and hear from that recording?

Lloyd.

Leila went back in.

Started shouting at him,
told him to shut up.

She just completely lost it.

I went in after her.

The baby was in the cot screaming.

I told leila I'd sort it.

So did you pick the baby up?

Did you pick the baby up again?

No. I should have.

I knew if he kept crying then
leila wouldn't want to...

What, have sex?

So what did you do?

What did you do, Lloyd?

I turned it off.

I turned the baby monitor off.

They're gonna stick to their stories.

We're not gonna get a confession
out of either of them.

It could be either one of 'em.

We got the medical
evidence and the laptop.

We're just waiting on the recording
from the baby monitor now.

He puts her in the baby's room,

she puts him in there too.
It's enough.

So which one of them do
you want us to charge?

We charge both of them with
murder on a joint enterprise.

Private Benson has no
previous convictions

and an exemplary military record.

My lord, he was recently stripped
of the rank of Lance corporal,

having been found guilty of
attacking a fellow soldier.

There is also the issue of
his baby brother's death.

His brother died of sudden
infant death syndrome.

There is no evidence
whatsoever the death

was anything but natural.
I've heard enough.

Ms marsden, I assume you want to
make a bail application, too.

Indeed, my lord.

As you know, there is much debate

as to whether prison is a suitable
environment for women full stop,

let alone a vulnerable teenager
with no previous convictions.

And nowhere to be bailed to.

She was residing with
the victim's parents.

She can reside with her parents.

I'm sorry, ms marsden,

your client is charged
with the brutal murder

of a defenseless baby.

I'm not taking any chances.

Both defendants are
remanded in custody.

Oh, come on, Helena,
what did you expect?

Oh, I don't know.

A lile common sense, perhaps.

Judges are understandably cautious

about releasing child killers on bail.

My client didn't kill that baby.

The boyfriend, on the other hand,

has history, motive, opportunity.

You saw the email she sent him...

"I'll make sure that baby
doesn't get in the way".

Speaking of which...

Application to exclude that laptop,

the homemade porn, and the exchange
of messages you found on it.

The laptop was seized
during an illegal search.

Consent was obtained, my lord.
Not from my client.

Michael Raines gave consent.

It was his property,
Leila was his tenant.

And also his employee.

He can consent to a
search of her work area

for items relating to her job,

but her bedroom was
her rsrsonal space.

Personal space belonging to
Michael and Suzanne Raines.

I'm sorry, mr Steel,

whether I own my bedroom
or rented it,

I wouldn't want the pocece trawling
through my y-fronts without my consent.

The evidence obtained from
the laptop is inadmissible

James: All the medical evidence
proves is someone shook the baby.

The video and the messages
between them provided motive.

Well, the jury might
not get to see it,

bu they will be told that those two
were having sex while that baby lay dying.

Only one of them actually did it.

Yes, but if both of them knew
what was happening,

that makes them both guilt

but we can't' prove
that they both knew

and the jury will be scared of sending
an innocent person to prison.

We're not gonna drop
the charges, James.

No, I'm not suggesting we do.

The defence will use the fact

one provides reasonable
doubt for the other.

So you'd rather just
go after one of them.

If we can find out for certain
which one of them did it, yeah.

The monitor recorded images and
sound the whole time it was on.

You managed to retrieve it all?
Yep.

A lot of baby Alex crying in his cot,

leila coming in and out.
Anything incriminating?

( Alex crying ) Lloyd:
Come on, you old man,

i'm trying to get
some action in there

( recording ends )

Okay...

Lloyd claims he turned
the baby monitor off,

went into the bedroom,
had sex with leila,

they were interrupted by
Michael Raines coming home,

Lloyd climbs out of the
window onto the flat roof

and makes his escape.
Right.

So the recording proves
he was telling the truth.

Could he have been in the
room any other time?

Well, we know

he only got to the house at 7:30.

The recording starts at 6:00.

He goes into the room,

spends 20 minutes singing
the baby to sleep,

then he's barely out the door

when the baby starts crying again,

and leila comes in.
( Alex crying )

Leila: Just shut up, will you?!
You're spoiling everything!

Shut up!!!
Lloyd: Leila, don't!

Just go back in the bedroom.
I'll sort it.

Poor kid.

( Crying continues )

Could he have shaken the baby
after he turned the monitor off?

The timecode says the monitor went
off at 8:21 and 7 seconds exactly.

19 seconds later Lloyd
turns on the webcam

and appears in shot in leila's room,

and they started their
homemade porn session.

Just enough time to
go from Alex's room

upstairs to leila's and
turn on the camera,

but not enough time to
shake a baby to death.

It can't have been Lloyd.

The evidence we found
exonerates your client.

We've issued a notice
of discontinuance

and the court are drawing
up his release papers.

I'll contact his family.

I'm sure they'll want
the chance to see him

before he flies back
out to Afghanistan.

We're expecting a legal
visit with Lloyd Benson.

I'm afraid that, uh,
won't be possible.

I was assured private
Benson would be here.

Lloyd Benson was stabbed by his
cellmate half an hour ago.

He died before the ambulance arrived.

This kid has done three
tours of Afghanistan....

And he dies

in one of your cells?

You can't blame yourself
for this, James.

Lloyd should never have
been in that prison cell.

You weren't the only one
who thought he was guilty.

He barely had access to that baby.

It must have been leila.

Lloyd's innocence does
prove leila's guilt.

She was angry with that baby.

You heard the recording.

She was the only one with
opportunity and motive.

Missing out on your night off is
hardly motive for child murder.

She'd been caring for a teething
baby since 5:00 that morning.

Come on, you're a parent,
you know what it's like.

And most parents don't end up
killing their children, James.

See you in court.

You've got my report.

I need you in the witness box, Lucy,

your expert testimony could
make all the difference.

There must be half a
dozen expert witnesses

who'd be more than happy
to take the check.

Yeah, but they didn't
do the postmortem.

Well, these shaken baby cases
just aren't clear-cut anymore.

You seemed to be pretty
clear about it before.

I'm not disputing the baby was shaken.

It's just I don't want a conviction
resting solely on my evidence.

We have witnesses to
leila merton's neglect,

a recording of her
yelling at the baby...

You know I wouldn't prosecute a case

based purely on medical evidence.

And you know expert witnesses

don't get immunity anymore.

Because of unsafe convictions
based on tenuous evidence.

I am not about to put
my career on the line.

Are you 100% certain
this baby was shaken?

Yes. You know I am.
There's no other explanation.

Then a jury needs to hear that.

Violently shaking a baby can cause
the brain to move within the skull,

resulting in cerebral contusions

or tearing of the blood vessels.

The most common finding
in these babies

is a triad of injuries, brain disease,

and bleeding behind the
brain and behind the eyes.

And did you find this
bleeding in Alex Raines?

Yes, and it was severe.

So in your opinion, was
baby Alex shaken to death?

Well, unless he was
involved in a car crash,

I can't think of any other
likely explanation.

Thank you.
No further questions.

Did you find any bruising on
the baby's arms or rib cage?

No.
Any rib fractures?

No, but... any traction
changes in the long bones,

damage to the neck or spine?

No.

So out of seven expected findings

in a case of shaken baby syndrome,

you found only three.

I found the three most common.

And is this triad of injuries

ever found in any other
condition in babies?

Yes, but I checked.
There was no birth trauma, no vaccine damage,

there was no vitamin c deficiency,

and he tested negative to ga-1.

Aren't you missing one other condition?
I don't think so.

Is it not possible that
an accidental head injury

can also cause the same pattern
of swelling and bleeding?

Is that a difficult
question, ms radley?

It's possible, yes.

Is it not the case that
many pediatric experts

now doubt the very existence

of so-called shaken baby syndrome?

Some do. I don't.

I believe a significant number
of convictions have been quashed

and caregivers released from prison.

It's not my area of expertise,

so I can't possibly comment.

No, that's right.

You aren't an expert in
head injuries at all, are you?

I'm an expert in pediatric forensic
pathology, and I did the postmortem.

One final question.

When you did the postmortem,
did you examine the dura?

The outermost layer of the meninges

which surrounds the
brain and spinal cord.

There was no reason to.
Really?

You found bleeding in the brain

and you didn't examine the dura

to see if a clot from
a previous injury

might have left an imprint?

To the best of my knowledge, there
is no history of previous injuries.

To the best of your knowledge.

No further questions.

James: With Lloyd exonerated,

Helena was bound to have a
go at the medical evidence.

She has to create reasonable doubt.

She did a good job of it.

According to Alex Raines'
medical records,

there was no accidental head injury.

The jury will see she's just
trying to muddy the waters.

You had access to the Raines' house?

Yes, I'm in the office most days.

It's in the house.

So you saw how the defendant
interacted with baby Alex

when mr and mrs Raines
weren't at home?

She didn't. She was usually on
the sofa checking her email.

And where was the baby?

Either in his cot upstairs,
or in his playpen.

More often than not, he was crying.

A few days before Alex died,

he was very distressed.

He'd been sick.
It was all over his clothes.

And the defendant didn't go to him?

I...Called to her,

but she didn't hear me.
She had her headphones on.

Presumably she couldn'tear
the baby crying.

No. I went downstairs and told her Alex
was unwell, that he needed changing.

Did she go to him then?

No, she just put her headphones back
on and went back to her laptop.

Did you ever witness the defendant
being violent toward the child?

A couple of weeks before Alex died

I was in the kitchen
making a cup of tea,

and Alex was in his highchair.

He'd thrown his bowl,
and there was food

all over the walls and floor.

What did leila do?

She shouted at him,

then she grabbed him out of the chair

and shoved him into the playpen.

That girl didn't give a
damn about that baby!

Judge: The jury will disregard

the witness's last comments.

Suzanne: We thought she
genuinely cared for Alex.

We trusteder.

Did you ever observe her
being rough with Alex?

No. But she told the police
that she left him to cry,

and she knew how strongly
I felt about that.

Must have been very difficult for you

toand over such a young child

while you went out to work.

Broke my heart.
Every day it broke my heart.

Thank you.

I'm sorry for your loss, mrs Raines.

I appreciate how difficult it must
be for you to come here today.

Were you and your husband in some
sort of financial difficulty?

No.
But you returned to work

when your baby was
just a few weeks old.

Without my wages we had nothing left

after the mortgage and
the bills were paid.

It was a difficult year.
The market's picking up now.

So you can pay for all
the little extras. Yes.

Holidays, nice car, wine club.
Yes.

Without those luxuries, you could have
stayed home and looked after your baby.

I need my job.
More than your child?

Whether or not mrs Raines
chooses to go out and work

has no bearing
whatsoever on this case.

I'm simply trying to paint
a picture for the jury

of life in the Raines home.

Let's keep that picture in a
simple frame, ms marsden.

We don't need to gild it, now, do we?

Were you aware when you
hired leila merton

that she'd recently been
fired by another family?

No. I had no idea.

We trusted the agency
to be open with us.

How much research did you do

on this agency that
supplies untrained nannies?

Would you like me to
rephrase the question?

My neighbor's sister uses them.

I see.
And what's her name?

My neighbor?
No, her sister.

The court reporter needs to
take this down, mrs Raines.

I don't know.

Yet you trusted her judgment

when it came to the
welfare of your child?

Is this any of this actually
relevant to the case?!

I think not.
Consider yourself warned,

ms marsden.

On the day your son died,

you left the house at five A.M.

And didn't return until your
husband calledou away from work

at ten P.M.
is that correct?

I had a late night viewing.
We're selling some apartments on the river.

You were away from the
house for some 17 hours.

Does your job often require you

to work so late into the evenings?
Occasionally.

So you were swanning around
some luxury penthouse

while someone else was changing

your baby's dirty nappies.

I loved my baby.
Of course you did,

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

My lord, mrs Raines is not
the one on trial here.

Ms marsden, you will
be held in contempt

if you do not return to an
appropriate line of questioning.

The jury will disregard
your last comments.

One more question, mrs Raines.

Bumps to the head, in the
month before his death?

He has just started crawling.
Of course he had bumps.

You show me a baby
that doesn't.

Any particular incident come to mind?

He fell off his changer when
Michael was reaching for a nappy.

It was three weeks before he died.

The gp said he was fine.

No further questions.

Alesha: That was quite a performance.

Helena: The jury has a right to
know what sort of mum she is.

A working one.
You made her look like rose west.

Because I showed she put her
job before her own child?

Because you played on misconceptions
held by half the jury.

Come on, Helena, you're a working mum.

You know how tough it can be.

Do you think I'd be doing this

if my ex hadn't buggered
off with his therapist?

I think you'd still be up in court on
your zimmerframe if they'll let you.

Madam foreperson,

please answer my first
question either "yes" or "no".

Have you reached a verdict on which

at least ten of you have agreed?
No.

Would any more time assist?

I don't think so, no.

I must declare this jury have
been unable to reach a verdict.

So what the hell do we do now?

The crown has seven days
to decide whether or not

they will be retrying.

The case will be listed for
mention a week on Monday.

( James clears throat )

We have to make sure the next jury
are certain of leila merton's guilt.

You don't think a retrial will
be a waste of public money?

She knew that baby wasn't well,

but instead of taking care of him,

she was more interested in making
homemade porn with her boyfriend.

Well, she wasn't trained in childcare.

If the Raines expected her
to do those sort of hours,

they should have hired
a fully trained nanny.

A trained nanny costs the
best part of 30 grand a year.

They could never afford that.

Suzanne said she took Alex
to the gp after a fall,

but there's no mention of
it in the medical records.

I thought she was an
over-anxious new mum.

You know how many I get
in here every day?

But there's no record of the
injury in Alex Raines' notes.

Because there was no injury.

I checked the baby's head...
No bump, not even a bruise.

Is is possible that Alex could
have had an internainjury

without any signs of an external one?

I'm a gp, mr steel, not a specialist.

That's something you'll
have to ask the pathologist

who did the postmortem.

I told you what I believed

according to the
evidence I'd been given.

You're the expert, Lucy.
You should have told me the full story.

This accidental injury three
weeks before he died...

The fall from the changer, which
I knew absolutely nothing about.

I'm not interested in who's to blame.

I just need to know if it
could have caused his death.

There are cases

where a baby has an
accidental bump to the head,

shows no outward signs of damage,

and then dies a few weeks later

when the bleeding is triggered again.

It's rare, but it does happen.

But something would need
to trigger the bleeding.

Well, it wouldn't take much.

If the baby's head hit a surface
with a small amount of force,

the bleeding could start again.

Are you seriously telling me his
death could have been accidental?

Well, I'd need to reexamine the
brain in the skull to be sure.

Exhume the body?

It's your call, James, not mine.

But to be certain? Yeah.

Michael: No.

Michael, you shouldn't have come.

I had to see it for myself.

Please, I'm begging you, don't do it.

We have to know.

Lucy called.

There are signs of a healing
fracture in Alex's skull.

How recent?

The healing is consistent
with a bump to the head

three weeks prior to death.

A re-bleed could have been
triggered by another bump.

Andrea said she saw leila being
heavy-handed with the baby.

Maybe she bumped his head by accident.

I was never rough with Alex, even
when I'd been up half the night.

Andrea claims you were.
She's lying. I never hurt him.

You didn't drop him accidentally?
No.

Alesha: It happens.

You're tired, the baby slips
out of your hands? No.

You're certain?
I'd tell you.

I don't want to spend the
rest of my life inside, do I?

Interesting as this is, James,

is there a point to it?

We think Alex's death...

May have been accidental.

Oh.

In which case I'll be
filing for damages

for the time my client spent
in custody on remand.

I don't want to make
money out of this.

Lloyd died with the whole world
thinking he was a baby murderer.

He was my life.

We offered her a
get-out-of-jail-free card.

All she had to say was she
accidentally bumped the baby's head.

But Andrea was certain that she
saw leila being rough with Alex.

Yet leila claims she wasn't.

Well, one of them's lying.
The question is, which one?

Let's talk to Andrea again.

I put that couple
through an exhumation.

We have to find out
how their baby died.

Andrea: I'm not
saying she meant

to hurt Alex;

she was just so wrapped up
in that boyfriend of hers.

When I was nineteen I'd
much rather have been

writing love letters to Michael

than spoon-feeding a baby.

You were with Michael
when you were nineteen?

Eighteen.
We met at university.

Fresher's ball.

You never wanted kids?

Do I look like the maternal type?

I wouldn't know one
end from the other.

I have a meeting with a
supplier in an hour.

Leila merton denies ever
being rough with the baby.

I know what I saw.

You're the only person that saw that.

Even Suzanne never witnessed leila
be anything but gentle with Alex.

Well, maybe it wasn't leila.
Maybe it was the boyfriend.

Really?

I don't mean on purpose.

A few days...
Before Alex died,

I passed his room.

The door was open.
Leila's boyfriend was in there.

And he was playing with the baby,

flying him round the
room like an aeroplane.

Alex was loving it, giggling.

I didn't think of it at the time,

but he was there, wasn't he?
The night that Alex died.

Maybe he was playing the game.

I mean, he could have hit Alex's
head against the wall or something

without realising.

Look, I really have to
get to this meeting.

We'll let you know about the retrial.

She's lying.

Sounded possible.

She just said she saw Lloyd

a few days before Alex died.

Lloyd Benson had been
on a tour of duty

in Afghanistan for five months.

He only got back the day Alex died.

Leila had only been working
there three months.

Lloyd had never been to
the Raines' house before.

So if Andrea saw him in Alex's room,

it must have been the night Alex died.

Andrea made out that she
didn't want a baby,

career comes first and all that.

So? So, I talked to
Michael about it.

Being in the Raines' house
the night Alex died

wasn't the only thing she lied about.

Andrea and Michael had seven
failed attempts at ivf.

It nearly crippled them financially.

It wasn't anyone's business.

You lied about not wanting a baby.

You share your personal failures
with all and sundry, do you?

It must have been soul-destroying,

going through all that and still not
having a baby at the end of it.

What would you know?

You want my advice?

Have a baby before your eggs dry up.

It can't have been easy,
watching the man you love

have a baby with someone else.

They didn't tell me.
Michael was too scared.

I answered the door
when the cot arrived.

That must have hurt.

That's what happens
when you're infertile.

People stop telling
you their happy news,

stop inviting you to their
child-friendly parties,

because you're not a member of
their exclusive little club.

Andrea, leila's boyfriend
was in Afghanistan

right up until the
day of Alex's death.

I must have got the date wrong.

We know for a fact he
only came here once.

It w the night Alex died.

You were here

at Suzy and Michael's the
night Alex died, weren't you?

I dropped off some files, then left.
That's it.

So you've been lying all this time.

You must have heard Alex crying.

Yes, but I didn't go to him.

Because you're not the maternal type.

But that's not true, is it?
You wanted a baby more than anything.

I didn't shake that baby!
I couldn't do that!

No one shook him, Andrea.

Alex's death was accidental.

But he must have bumped
his head the day he died.

On his cot, maybe?

You went into his room, didn't you?

They left him with a 19-year-old
kid, for God's sake!

They never saw him!

You wouldn't have done that, would you?
If he was yours.

She didn't deserve him!

She took my husband!
She took everything!

You picked Alex up, didn't you?

I just wanted to stop him crying.

I held him.
I just held him.

An innocent man was
accused of killing Alex.

He was murdered in his prison cell.

You have to tell us what happened.

He stopped crying. He...

He just wanted a cuddle.

I looked into his eyes,
and I saw Michael.

I saw the child I never had.

It should have been my baby!

It hurt so much

to feel him in my arms and
know that I'll never...

I'll never be a mum.

What did you do, Andrea?

I couldn't stand to hold him anymore.

I just let go.

I just...Let go.

Loser buys?
You must have had your doubts.

Everything said it was her.

When's that stopped me defending
to the best of my ability?

Do fancy another?
No, thanks.

I should have been back an
hour ago for the baby-sitter.

Want to share a cab?
No, I'm meeting Alesha.

Watch out.

Over 30, childless...
Tick-tock.

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