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In the criminal justice system,
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the people are represented
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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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Do you solemnly swear
that the testimony you give
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to this federal grand jury will be
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the truth and nothing but the truth,
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so help you God?
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So help me God.
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Please be seated.
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[TENSE MUSIC]
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Are you here under subpoena?
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Yes.
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And you are not represented by counsel?
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They told me I didn't need one.
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You understand that your
testimony is being recorded
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and everything you say
is subject to the pains
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and penalties of perjury?
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?
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I'm here to tell the truth.
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But I do have one question.
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Yes?
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He doesn't know I'm here, does he?
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?
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[INDISTINCT RADIO CHATTER]
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?
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What do we got?
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Eileen Porter.
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32 years old, blunt-force
trauma to the head.
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Guy in the gurney?
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Her husband, Tom Porter.
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We found him unconscious.
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Still breathing.
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There's a spare room back there.
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Does anybody else live here?
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Neighbor's saying they use
it as a kind of home office.
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Looks like we got a
lot of dried blood here.
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Must have been here a few hours.
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MLI says it happened sometime
between 8:00 p.m. and midnight.
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Any witnesses?
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No.
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How about cameras in the building?
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Nope.
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Unis are out checking street footage.
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No signs of forced entry?
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Locks are undisturbed.
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Well, nothing seems out of place.
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So probably not looking at a robbery.
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Her coat's still on.
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The killer could be someone
they know and invited in.
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Maybe somebody followed them inside.
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I found this in the trash.
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Looks like someone
tried to rinse it off,
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but there are definitely
still traces of blood.
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Let's get that tested
for DNA and prints.
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Who found them?
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Neighbor said they
heard their dog barking.
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They said it went on for hours.
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She finally called 911 to
make sure everything was OK.
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Well, everything was definitely not OK.
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?
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[DRAMATIC MUSIC]
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?
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I wish I'd called the police sooner.
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Did you happen to see
or hear anything unusual?
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Just the dog barking.
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Anyone coming or going from
the apartment last night?
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I wouldn't know. I live upstairs.
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Did anyone have a problem
with Tom or Eileen?
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Maybe someone that
lived in the building?
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They were both so polite.
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Tom works for a nonprofit.
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Eileen is in public service.
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She's an aide to that
congressman, you know,
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the, uh, family values guy.
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Might have to be a little
more specific about that one.
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Rhett Richards. That's his name.
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Tom Porter's got a serious head wound.
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He's in surgery right now.
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Doctors haven't determined
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the full extent of his injuries yet.
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Did forensics get back
to us on the hammer?
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Yeah, DNA shows that the blood
came from three sources...
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Tom, Eileen, and a third
subject not in the system.
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00:04:03,738 --> 00:04:06,609
So our killer must have
been cut in the scuffle,
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which gives us something to work with.
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Computer crimes has been
analyzing Eileen's devices.
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And when they were looking
at her phone, it rang.
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Who was it?
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Federal prosecutor.
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I called him, but I got the runaround.
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Those guys wouldn't tell
you if your coat was on fire.
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They're claiming grand jury
secrecy, but I looked him up.
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He works in the Public Corruption Unit.
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Yeah, and Eileen worked
for Congressman Richards.
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I just read an article in the "Post"
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about the turnover in his office.
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His chief of staff resigned,
and she refused to say why.
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Hmm.
102
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I bet she'll be a little
bit more forthcoming
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if you two paid her a visit.
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Eileen told me she saw something weird
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in the congressman's finance reports.
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What do you mean by weird?
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The congressman used campaign funds
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to pay for his wife's Botox.
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Eileen thought maybe it was a mistake.
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So she did a little digging,
found out he was using
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the campaign credit card
for expensive dinners,
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trips to the Caribbean,
luxury car leases,
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jewelry for his wife,
himself, and his mistress.
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So what did Eileen do?
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She called the FBI.
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And then we both resigned.
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Did Eileen speak to
a federal prosecutor?
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She was supposed to testify against
the congressman in the grand jury.
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Did the congressman know that?
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Two nights ago, I was
at Eileen's apartment.
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He called her.
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Said if she kept lying
about him, she'd regret it.
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[TENSE MUSIC]
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Mr. Family Values.
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?
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At the end of the day,
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the only thing that matters,
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really matters,
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is our family and our faith
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and how we marry those values
as we navigate the world.
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In my house, we swear
by the Golden Rule...
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do unto others as you'd
have them do unto you.
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Thank you.
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[APPLAUSE]
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- Thank you.
- Thank you.
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Thank you so much for being here.
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Thank you.
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00:06:07,731 --> 00:06:08,862
Congresswoman Richards?
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I'm Detective Jalen Shaw.
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This is Detective Vincent Riley.
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Yes?
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Is there somewhere we can
go and speak in private?
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Now's not a good time.
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We're asking for your
cooperation, Congressman.
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Trying to make a federal case out of
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a couple of trips to Aruba
and a tennis bracelet?
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00:06:24,443 --> 00:06:27,707
We are not here about
some trips or a bracelet.
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00:06:27,708 --> 00:06:29,404
No, but if you don't
want to come voluntarily,
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we could always set you up
with a pair of our bracelets.
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00:06:31,625 --> 00:06:33,800
?
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00:06:33,801 --> 00:06:36,193
Right this way.
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00:06:36,194 --> 00:06:38,414
?
153
00:06:40,694 --> 00:06:42,520
I'm sorry to hear Eileen died,
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but I had nothing to do with it.
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She was testifying against
you in the grand jury, right?
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You threatened her and
told her not to cooperate.
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Then 24 hours later, she winds up dead.
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You realize you're speaking
with a United States
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congressman, accusing him of murder?
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We're just laying out
the facts, counselor.
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Look, the investigation into my
expenses is a total witch hunt.
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So you're not concerned
about the grand jury?
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Yeah. Not one bit.
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In fact, I'd welcome a public trial.
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Probably rile up the base,
give me a boost in the polls.
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Wow, good for you.
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That being said, where
were you last night
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between 8:00 p.m. and midnight?
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At a fundraising event.
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With about a dozen donors.
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- And my wife.
- We'll look into that.
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In the meantime, will
you consent to a DNA swab?
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Like I said, I have nothing to hide.
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Let's assume for now
that you're not involved.
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Do you have any thoughts
about who might have
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wanted to kill Eileen?
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[GROANS]
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Well, a couple of days ago,
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one of my volunteers went
out to lunch with her.
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She said a man came in, saw Eileen,
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and started swearing, yelling.
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It almost got physical.
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We'll need the name of that
volunteer and the restaurant.
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Oh, yeah.
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Yeah, I remember her.
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She was having lunch.
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This guy came in, drunk,
holding a can of beer.
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Brought his own beer?
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That's dedication.
190
00:08:05,843 --> 00:08:07,757
Yeah, he... he was very aggressive.
191
00:08:07,758 --> 00:08:10,891
He beelined to this
woman and yelled at her.
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Did you hear what he said?
193
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Something about money, how
she stole from him or...
194
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anyway, he put the can
down, lunged at her,
195
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and then two waiters had to intervene.
196
00:08:21,119 --> 00:08:22,772
Nobody called the police?
197
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I offered, but the lady
said she'd handle it.
198
00:08:24,819 --> 00:08:28,256
So she left, and the
guy followed her outside.
199
00:08:28,257 --> 00:08:29,910
And you have no idea who this guy was?
200
00:08:29,911 --> 00:08:31,215
No.
201
00:08:31,216 --> 00:08:33,130
Do you still have that beer can?
202
00:08:33,131 --> 00:08:36,046
You know, recycling isn't
picked up till tomorrow,
203
00:08:36,047 --> 00:08:37,744
and we don't sell cans of beer.
204
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So it'd be the only one in there.
205
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All right. Thank you.
206
00:08:44,099 --> 00:08:45,882
So where are we?
207
00:08:45,883 --> 00:08:47,405
Spoke to the hospital.
208
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Tom Porter is now in a
medically induced coma.
209
00:08:49,669 --> 00:08:50,887
He's got a brain bleed.
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Is he gonna make it?
211
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Doctor says it's 50/50.
212
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Lab pulled prints off of the beer can.
213
00:08:55,153 --> 00:08:58,765
They belong to Kevin Marshall,
date of birth 7/11/89.
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00:08:58,766 --> 00:09:01,419
Get this... Eileen's brother.
215
00:09:01,420 --> 00:09:02,812
Does he have a rap sheet?
216
00:09:02,813 --> 00:09:04,509
He sure does.
217
00:09:04,510 --> 00:09:07,774
Public intoxication, DUI,
and one assault conviction
218
00:09:07,775 --> 00:09:09,384
for what looks like a bar fight.
219
00:09:09,385 --> 00:09:11,299
This is interesting.
220
00:09:11,300 --> 00:09:12,909
Looks like he filed a civil lawsuit
221
00:09:12,910 --> 00:09:15,042
against Eileen a couple months ago
222
00:09:15,043 --> 00:09:16,608
- in probate court.
- Hmm.
223
00:09:16,609 --> 00:09:18,959
Do we have an address,
know where he works?
224
00:09:18,960 --> 00:09:22,790
He's a set carpenter at a
theater off of Christopher Street.
225
00:09:25,618 --> 00:09:27,141
[SAW BUZZING]
226
00:09:27,142 --> 00:09:29,665
Kevin Marshall?
227
00:09:29,666 --> 00:09:31,449
Yeah? What's this about?
228
00:09:31,450 --> 00:09:32,669
Step this way.
229
00:09:35,585 --> 00:09:37,995
We need to talk to you
about your sister, Eileen.
230
00:09:37,996 --> 00:09:39,501
Are you kidding me?
231
00:09:39,502 --> 00:09:41,330
That bitch called the police on me?
232
00:09:42,113 --> 00:09:44,375
So I'm guessing you
two not so close, huh?
233
00:09:44,376 --> 00:09:45,942
Look, guys.
234
00:09:45,943 --> 00:09:47,236
Where's your hammer?
235
00:09:48,990 --> 00:09:50,381
Uh, I don't know.
236
00:09:50,382 --> 00:09:51,948
We borrow each other's tools.
237
00:09:51,949 --> 00:09:54,691
- What's going on?
- Let's find a place to talk.
238
00:09:55,474 --> 00:09:56,866
[SIGHS]
239
00:09:56,867 --> 00:09:59,608
Seems like you were
pretty mad at your sister.
240
00:09:59,609 --> 00:10:01,262
Eileen and I had our differences,
241
00:10:01,263 --> 00:10:03,873
but she was the only family I had.
242
00:10:03,874 --> 00:10:06,136
You filed a lawsuit against her.
243
00:10:06,137 --> 00:10:08,486
What was that about?
244
00:10:08,487 --> 00:10:09,879
Our parents are both gone.
245
00:10:09,880 --> 00:10:12,403
They left us about a 100 grand each.
246
00:10:12,404 --> 00:10:14,014
My parents appointed Eileen trustee,
247
00:10:14,015 --> 00:10:17,060
and she wanted to give
me a monthly allowance.
248
00:10:17,061 --> 00:10:18,975
I've had some problems with addiction,
249
00:10:18,976 --> 00:10:21,760
but I felt like I should be
able to handle my own money.
250
00:10:21,761 --> 00:10:23,719
So you guys had a
contentious relationship?
251
00:10:23,720 --> 00:10:24,894
Yeah, but I didn't kill her.
252
00:10:24,895 --> 00:10:26,200
Where were you two nights ago
253
00:10:26,201 --> 00:10:28,332
between the hours of
8:00 p.m. and midnight?
254
00:10:28,333 --> 00:10:32,119
Here, breaking down the
set until about 2:00 a.m.
255
00:10:32,120 --> 00:10:33,816
with about 20 other people.
256
00:10:33,817 --> 00:10:35,731
Would you be willing to take a DNA test?
257
00:10:35,732 --> 00:10:36,906
Sure.
258
00:10:36,907 --> 00:10:38,777
I want to know who killed my sister too.
259
00:10:38,778 --> 00:10:40,997
OK.
260
00:10:40,998 --> 00:10:44,174
All right, Kevin, think.
261
00:10:44,175 --> 00:10:47,699
Do you know of anyone who might
have wanted to hurt your sister?
262
00:10:47,700 --> 00:10:50,354
The last decent conversation we had,
263
00:10:50,355 --> 00:10:53,618
Eileen said she was volunteering
at a homeless shelter.
264
00:10:53,619 --> 00:10:55,577
She'd hired one of the
guys to do odd jobs.
265
00:10:55,578 --> 00:10:58,101
And what makes you think this
guy had something to do with it?
266
00:10:58,102 --> 00:11:01,017
He was an ex-con. Did time for burglary.
267
00:11:01,018 --> 00:11:04,586
I told... I told her it was dangerous,
268
00:11:04,587 --> 00:11:06,370
letting strangers into
her place like that,
269
00:11:06,371 --> 00:11:08,024
but she never listened to me.
270
00:11:08,025 --> 00:11:11,375
Do you know what shelter
she was volunteering at?
271
00:11:11,376 --> 00:11:14,161
No, but it was near her apartment.
272
00:11:14,162 --> 00:11:15,903
OK.
273
00:11:19,254 --> 00:11:20,950
Benny Kramer?
274
00:11:20,951 --> 00:11:22,430
NYPD.
275
00:11:22,431 --> 00:11:23,474
- Come with me.
- For what?
276
00:11:23,475 --> 00:11:24,562
Get up.
277
00:11:24,563 --> 00:11:27,566
Come on. Come on.
278
00:11:30,700 --> 00:11:32,962
Let me ask you a question.
279
00:11:33,043 --> 00:11:36,053
How many times have you been
in Eileen Porter's apartment?
280
00:11:39,404 --> 00:11:41,660
All, right, listen, man.
281
00:11:41,661 --> 00:11:43,922
This can go one of two ways, OK?
282
00:11:43,923 --> 00:11:46,447
You can talk to us, or we
can call your parole officer
283
00:11:46,448 --> 00:11:47,665
and get him involved.
284
00:11:47,666 --> 00:11:49,799
I'll pay back the money.
285
00:11:50,669 --> 00:11:54,803
The... tell us about that.
286
00:11:54,804 --> 00:11:57,675
Last time I was at Eileen's,
287
00:11:57,676 --> 00:11:59,590
I saw a couple of 20s on the counter,
288
00:11:59,591 --> 00:12:04,682
and I pocketed the bills.
289
00:12:04,683 --> 00:12:08,121
I didn't think that she'd report me.
290
00:12:08,122 --> 00:12:10,514
I'll pay her back.
291
00:12:10,515 --> 00:12:12,647
See, that's not possible.
292
00:12:12,648 --> 00:12:14,866
Benny, Eileen's dead,
293
00:12:14,867 --> 00:12:17,695
killed two nights ago
in her own apartment.
294
00:12:17,696 --> 00:12:19,610
She had her head bashed in.
295
00:12:19,611 --> 00:12:21,873
Where were you two nights ago?
296
00:12:21,874 --> 00:12:24,180
Same place I always am, this shelter.
297
00:12:24,181 --> 00:12:25,181
Check the logs.
298
00:12:25,182 --> 00:12:26,226
We will.
299
00:12:26,227 --> 00:12:27,923
Is Eileen's husband OK?
300
00:12:27,924 --> 00:12:30,665
He's in a coma, so no, he's not OK.
301
00:12:30,666 --> 00:12:32,014
What about the other woman?
302
00:12:32,015 --> 00:12:33,711
Other what... what
are you talking about?
303
00:12:33,712 --> 00:12:35,017
What other woman?
304
00:12:35,018 --> 00:12:37,802
The one that lives in the guest room.
305
00:12:37,803 --> 00:12:40,979
I painted it last week.
306
00:12:40,980 --> 00:12:43,156
Look, I took a picture.
307
00:12:43,157 --> 00:12:46,072
[TENSE MUSIC]
308
00:12:46,073 --> 00:12:47,290
See?
309
00:12:47,291 --> 00:12:48,378
Is that the woman there?
310
00:12:48,379 --> 00:12:49,423
Yes.
311
00:12:49,424 --> 00:12:50,772
Do you know her name?
312
00:12:50,773 --> 00:12:53,296
Uh, no, I never really met her.
313
00:12:53,297 --> 00:12:56,257
?
314
00:12:56,258 --> 00:13:00,972
Guys, how'd you make out
at the Porters' apartment?
315
00:13:00,973 --> 00:13:02,215
Found a hairbrush in the guest room.
316
00:13:02,216 --> 00:13:03,490
It matches the unknown
DNA of the hammer.
317
00:13:03,491 --> 00:13:05,288
We don't have a hit in the profile yet.
318
00:13:05,289 --> 00:13:06,855
Somebody's got to know who she is.
319
00:13:06,856 --> 00:13:08,117
Check this out.
320
00:13:08,118 --> 00:13:09,553
I was looking into the
Porters' financials,
321
00:13:09,554 --> 00:13:11,338
thinking maybe somebody
was paying them rent.
322
00:13:11,339 --> 00:13:12,513
Came up empty on that front,
323
00:13:12,514 --> 00:13:14,428
but I found something that's just...
324
00:13:14,429 --> 00:13:15,472
it's off.
325
00:13:15,473 --> 00:13:19,041
A few months ago, it looks
like Tom wired somebody $50,000.
326
00:13:19,042 --> 00:13:20,303
50K?
327
00:13:20,304 --> 00:13:21,348
For a guy who works in nonprofit,
328
00:13:21,349 --> 00:13:22,436
that's a lot of money.
329
00:13:22,437 --> 00:13:24,525
- Exactly.
- Who'd he send it to?
330
00:13:24,526 --> 00:13:28,355
Looks like a company called
Family Services Consulting.
331
00:13:28,356 --> 00:13:30,662
The owner's name is Pavlo Golub.
332
00:13:32,969 --> 00:13:36,145
There's a business with
that name in Staten Island.
333
00:13:36,146 --> 00:13:37,538
Found the website.
334
00:13:37,539 --> 00:13:39,235
"Think you can't afford a family?
335
00:13:39,236 --> 00:13:40,802
Think again.
336
00:13:40,803 --> 00:13:43,152
I can help make your dreams come true."
337
00:13:43,153 --> 00:13:44,284
So what?
338
00:13:44,285 --> 00:13:46,112
So Tom Porter sends $50,000
339
00:13:46,113 --> 00:13:47,939
to some cut-rate adoption agency?
340
00:13:47,940 --> 00:13:49,419
I smell a field trip.
341
00:13:49,420 --> 00:13:52,380
Hop on the ferry, go find out.
342
00:13:55,426 --> 00:13:58,341
I'm a family services
consultant, you know,
343
00:13:58,342 --> 00:14:00,213
like a matchmaker.
344
00:14:00,214 --> 00:14:02,519
I help families who want children
345
00:14:02,520 --> 00:14:05,043
but can't afford the
services in this country.
346
00:14:05,044 --> 00:14:09,222
I find them pregnant women
or surrogates in Ukraine.
347
00:14:09,223 --> 00:14:11,137
We know the Porters wired you 50 grand
348
00:14:11,138 --> 00:14:12,747
a couple months ago, yeah?
349
00:14:12,748 --> 00:14:14,618
Were they looking to adopt a child?
350
00:14:14,619 --> 00:14:18,796
Sorry, I don't want to
betray any confidences.
351
00:14:18,797 --> 00:14:19,928
Can you just ask him?
352
00:14:19,929 --> 00:14:21,582
We'd like to,
353
00:14:21,583 --> 00:14:23,410
but somebody put a
hammer through his skull,
354
00:14:23,411 --> 00:14:26,282
so now he's in a coma.
355
00:14:26,283 --> 00:14:28,284
The Porters were
looking for a surrogate.
356
00:14:28,285 --> 00:14:30,199
And you charged them $50,000?
357
00:14:30,200 --> 00:14:31,244
Yes.
358
00:14:31,245 --> 00:14:33,115
40 for me, 10 for her.
359
00:14:33,116 --> 00:14:34,551
[WHISTLES]
360
00:14:34,552 --> 00:14:35,770
[SCOFFS]
361
00:14:35,771 --> 00:14:38,251
Well, that's a hell of a business plan.
362
00:14:38,252 --> 00:14:39,991
The woman carries the
baby for nine months
363
00:14:39,992 --> 00:14:41,776
and you pocket 80% of the fee?
364
00:14:41,777 --> 00:14:45,388
$10,000 to a woman in
Ukraine is life-changing.
365
00:14:45,389 --> 00:14:48,261
So you connected them to
a surrogate in Ukraine?
366
00:14:48,262 --> 00:14:49,262
Exactly.
367
00:14:49,263 --> 00:14:51,046
Where is this woman now?
368
00:14:51,047 --> 00:14:54,615
After the pregnancy took,
we arranged with the Porters
369
00:14:54,616 --> 00:14:57,270
to have her come here to
live with them in America.
370
00:14:57,271 --> 00:14:59,446
We'll need a name.
371
00:14:59,447 --> 00:15:01,099
You need more information,
372
00:15:01,100 --> 00:15:03,320
you're gonna have to have a subpoena.
373
00:15:06,802 --> 00:15:08,411
Darina Meleshko.
374
00:15:08,412 --> 00:15:10,021
That's the name of
the Porters' surrogate.
375
00:15:10,022 --> 00:15:12,372
She's 24 years old. She's from Kyiv.
376
00:15:12,373 --> 00:15:13,808
She's here on a travel
visa, and she used
377
00:15:13,809 --> 00:15:16,506
the Porters' address
on her visa application.
378
00:15:16,507 --> 00:15:18,900
So she's the one who was
living in the guest room?
379
00:15:18,901 --> 00:15:20,945
For all we know, she
might be our killer.
380
00:15:20,946 --> 00:15:23,470
All right, when's the last
time anybody had eyes on her?
381
00:15:23,471 --> 00:15:26,168
Actually, she opened up a
new bank account yesterday,
382
00:15:26,169 --> 00:15:28,257
deposited a check for $2,000.
383
00:15:28,258 --> 00:15:29,998
Where'd the money come from?
384
00:15:29,999 --> 00:15:31,478
A guy named Dennis Leverett.
385
00:15:31,479 --> 00:15:33,915
He lives in Riverdale.
386
00:15:33,916 --> 00:15:36,266
Well, let's see if he
knows where to find her.
387
00:15:40,444 --> 00:15:41,575
Sure, we know Darina.
388
00:15:41,576 --> 00:15:43,272
She just moved into our guest room.
389
00:15:43,273 --> 00:15:44,839
Yeah, and how do you know her?
390
00:15:44,840 --> 00:15:48,103
A friend of a friend
told us about Pavlo Golub.
391
00:15:48,104 --> 00:15:49,713
He introduced us to Darina.
392
00:15:49,714 --> 00:15:51,977
We're going to adopt her baby.
393
00:15:54,284 --> 00:15:56,111
She told you it was her baby?
394
00:15:56,112 --> 00:15:57,982
Pavlo said she was pregnant,
395
00:15:57,983 --> 00:16:00,898
not in a position to care for a child.
396
00:16:00,899 --> 00:16:02,422
It's a girl.
397
00:16:02,423 --> 00:16:04,206
And how much did you pay Pavlo?
398
00:16:04,207 --> 00:16:06,730
$250,000.
399
00:16:06,731 --> 00:16:08,123
[TENSE MUSIC]
400
00:16:08,124 --> 00:16:09,733
It's the going rate.
401
00:16:09,734 --> 00:16:12,040
?
402
00:16:12,041 --> 00:16:14,303
And he never mentioned
anything about another couple?
403
00:16:14,304 --> 00:16:16,653
No, why?
404
00:16:16,654 --> 00:16:18,873
Do you know where Darina is right now?
405
00:16:18,874 --> 00:16:22,920
We sent her on a staycation for
a couple of days at a nice hotel.
406
00:16:22,921 --> 00:16:27,316
?
407
00:16:27,317 --> 00:16:30,188
[DRAMATIC MUSIC]
408
00:16:30,189 --> 00:16:37,327
?
409
00:16:39,764 --> 00:16:43,071
Darina Meleshko, we've
got some questions for you.
410
00:16:43,072 --> 00:16:44,246
Whoa, whoa, whoa, whoa.
411
00:16:44,247 --> 00:16:45,508
Hey, hey, don't move, all right?
412
00:16:45,509 --> 00:16:46,509
We just want to talk to you.
413
00:16:46,510 --> 00:16:48,946
Please don't hurt my baby.
414
00:16:48,947 --> 00:16:52,080
How'd you get that gash on your hand?
415
00:16:52,081 --> 00:16:53,386
What do you want?
416
00:16:53,387 --> 00:16:55,431
You can start by telling
us how your DNA got
417
00:16:55,432 --> 00:16:57,825
on the hammer that killed Eileen Porter.
418
00:16:57,826 --> 00:16:59,348
No, no, no, no, no,
that's not happening.
419
00:16:59,349 --> 00:17:01,785
- That's not happening.
- Don't do that. Don't do that.
420
00:17:01,786 --> 00:17:03,961
Darina Meleshko, you are
under arrest for murder.
421
00:17:03,962 --> 00:17:05,006
- No.
- Come on.
422
00:17:05,007 --> 00:17:07,791
Please don't hurt my baby.
423
00:17:07,792 --> 00:17:09,358
Ah! Oh!
424
00:17:09,359 --> 00:17:10,707
- Whoa.
- Stop.
425
00:17:10,708 --> 00:17:11,752
Whoa, whoa, whoa,
whoa, whoa, whoa, whoa.
426
00:17:11,753 --> 00:17:14,450
- Hey.
- I think I'm going into labor.
427
00:17:14,451 --> 00:17:16,365
- Oh, oh.
- OK.
428
00:17:16,366 --> 00:17:17,801
- I need to go to a hospital.
- All right. OK. All right.
429
00:17:17,802 --> 00:17:19,934
- Oh, oh, please.
- Hold on.
430
00:17:19,935 --> 00:17:21,631
Oh, I'm serious.
431
00:17:21,632 --> 00:17:23,111
Oh! Call an ambulance.
432
00:17:23,112 --> 00:17:24,591
No, no, no, we can get you there faster.
433
00:17:24,592 --> 00:17:25,897
Let's go. Come on. Come on.
434
00:17:28,345 --> 00:17:30,085
Calling docket ending in 9076,
435
00:17:30,086 --> 00:17:31,651
People versus Darina Meleshko.
436
00:17:31,652 --> 00:17:33,784
Charging one count of
murder in the second degree
437
00:17:33,785 --> 00:17:36,555
and one count of attempted
murder in the second degree.
438
00:17:38,776 --> 00:17:39,950
How do you plead?
439
00:17:39,951 --> 00:17:41,865
My client pleads not guilty.
440
00:17:41,866 --> 00:17:43,345
I'll hear you on bail.
441
00:17:43,346 --> 00:17:46,565
Your Honor, there are two
victims in this case...
442
00:17:46,566 --> 00:17:48,742
Eileen Porter, who
was brutally murdered,
443
00:17:48,743 --> 00:17:50,961
and her husband, Tom, who was recently
444
00:17:50,962 --> 00:17:52,702
released from the hospital.
445
00:17:52,703 --> 00:17:55,444
The defendant was a surrogate
for Tom and Eileen Porter,
446
00:17:55,445 --> 00:17:58,186
but after she got
pregnant with her embryo,
447
00:17:58,187 --> 00:17:59,796
she sold their baby to another couple
448
00:17:59,797 --> 00:18:01,711
who could afford to
pay a lot more money.
449
00:18:01,712 --> 00:18:04,105
On the day of the
murder, the Porters caught
450
00:18:04,106 --> 00:18:05,976
the defendant moving out of their home.
451
00:18:05,977 --> 00:18:08,326
The victims told her she
could not leave with their baby
452
00:18:08,327 --> 00:18:10,241
and threatened to call the police.
453
00:18:10,242 --> 00:18:12,853
So she killed Eileen
and tried to kill Tom.
454
00:18:12,854 --> 00:18:14,158
That's pure conjecture.
455
00:18:14,159 --> 00:18:15,682
The murder weapon, a hammer,
456
00:18:15,683 --> 00:18:18,075
had both victims' and the
defendant's blood on it.
457
00:18:18,076 --> 00:18:19,816
She had a cut on her hand
when she was arrested.
458
00:18:19,817 --> 00:18:22,819
She had motive and opportunity,
and she's a flight risk.
459
00:18:22,820 --> 00:18:24,299
People seek remand.
460
00:18:24,300 --> 00:18:26,083
Ms. Stratford?
461
00:18:26,137 --> 00:18:28,748
My client is not a flight risk.
462
00:18:28,789 --> 00:18:30,833
She has no money, no resources,
463
00:18:30,961 --> 00:18:32,668
and nowhere to go.
464
00:18:33,180 --> 00:18:36,455
Your Honor, my client
gave birth four days ago.
465
00:18:36,480 --> 00:18:37,829
She's nursing a newborn.
466
00:18:37,912 --> 00:18:40,358
She can do that in
the nursery at Rikers.
467
00:18:40,383 --> 00:18:41,993
The defendant's remanded.
468
00:18:42,030 --> 00:18:43,160
[GAVEL BANGS]
469
00:18:43,888 --> 00:18:46,890
[TENSE MUSIC]
470
00:18:46,891 --> 00:18:52,307
?
471
00:18:52,332 --> 00:18:55,813
You're really gonna send her to Rikers?
472
00:18:56,145 --> 00:18:58,450
She tried to sell the Porters' baby,
473
00:18:58,451 --> 00:19:00,191
then bashed them in their heads.
474
00:19:00,232 --> 00:19:03,017
This has all been a
terrible misunderstanding.
475
00:19:03,018 --> 00:19:05,236
A misunderstanding?
476
00:19:05,237 --> 00:19:08,152
Pavlo Golub lied to Darina.
477
00:19:08,153 --> 00:19:09,937
He told her the Porters
were having second thoughts,
478
00:19:09,938 --> 00:19:11,155
that they weren't even sure
479
00:19:11,156 --> 00:19:13,027
they wanted to raise the child anymore.
480
00:19:13,028 --> 00:19:14,681
He said he found a loving couple,
481
00:19:14,682 --> 00:19:17,814
and Darina trusted him.
482
00:19:17,815 --> 00:19:20,730
Have some compassion, Sam.
483
00:19:20,731 --> 00:19:25,561
?
484
00:19:25,562 --> 00:19:26,997
What's this?
485
00:19:26,998 --> 00:19:34,179
?
486
00:19:38,793 --> 00:19:40,924
Your Honor, I filed a motion to suppress
487
00:19:40,925 --> 00:19:42,535
the so-called murder weapon.
488
00:19:42,536 --> 00:19:43,666
On what grounds?
489
00:19:43,667 --> 00:19:46,234
The search and seizure was in
violation of the Fourth Amendment
490
00:19:46,235 --> 00:19:48,149
to the United States Constitution.
491
00:19:48,150 --> 00:19:49,585
Where was the evidence found?
492
00:19:49,586 --> 00:19:53,328
It was a hammer found in a trash
can at the Porters' apartment.
493
00:19:53,329 --> 00:19:55,025
The police shouldn't
have touched it until
494
00:19:55,026 --> 00:19:56,592
they had obtained a search warrant.
495
00:19:56,593 --> 00:19:58,551
We shouldn't even be
having this discussion
496
00:19:58,552 --> 00:20:00,596
because the defendant has no standing.
497
00:20:00,597 --> 00:20:02,598
Only the lawful
residents of the apartment
498
00:20:02,599 --> 00:20:04,295
have the right to challenge the search.
499
00:20:04,296 --> 00:20:05,601
At the time of the seizure,
500
00:20:05,602 --> 00:20:07,951
my client was still
living in the apartment.
501
00:20:07,952 --> 00:20:10,650
Some of her personal items
were in the spare bedroom.
502
00:20:10,651 --> 00:20:11,781
Was she on the lease?
503
00:20:11,782 --> 00:20:13,130
No.
504
00:20:13,131 --> 00:20:14,958
She lived there for two months.
505
00:20:14,959 --> 00:20:16,656
She had her own set of keys.
506
00:20:16,657 --> 00:20:19,136
She hadn't filed a change of
address with the post office.
507
00:20:19,137 --> 00:20:23,577
She was in the process of relocating
but hadn't officially moved.
508
00:20:24,795 --> 00:20:26,622
It's a close call.
509
00:20:26,623 --> 00:20:28,450
But I find that the defendant still had
510
00:20:28,451 --> 00:20:31,932
a reasonable expectation
of privacy in the home.
511
00:20:31,933 --> 00:20:34,413
The motion to suppress is granted.
512
00:20:38,417 --> 00:20:40,331
We lost the murder weapon,
513
00:20:40,332 --> 00:20:42,333
which is a huge blow to the case.
514
00:20:42,334 --> 00:20:44,205
So what else do you have?
515
00:20:44,206 --> 00:20:46,642
Who's your strongest witness?
516
00:20:46,643 --> 00:20:49,166
The baby broker, Pavlo Golub,
517
00:20:49,167 --> 00:20:51,081
the man who arranged the surrogacy.
518
00:20:51,082 --> 00:20:53,431
He can testify to Darina's state of mind
519
00:20:53,432 --> 00:20:55,912
that she was a willing participant,
520
00:20:55,913 --> 00:20:58,088
that she agreed to pretend
the baby was her own.
521
00:20:58,089 --> 00:20:59,916
Isn't Golub part of the scam?
522
00:20:59,917 --> 00:21:01,265
He wasn't just part of it.
523
00:21:01,266 --> 00:21:02,789
He was the mastermind.
524
00:21:02,790 --> 00:21:05,226
But he didn't kill anyone.
525
00:21:05,227 --> 00:21:07,924
The problem is that he's
demanding full immunity.
526
00:21:07,925 --> 00:21:10,710
Golub has run this con on
two other desperate families
527
00:21:10,711 --> 00:21:13,277
with two other desperate refugee women.
528
00:21:13,278 --> 00:21:15,497
We can't just give him a free pass.
529
00:21:15,498 --> 00:21:16,672
I agree.
530
00:21:16,673 --> 00:21:19,283
My sister adopted a child from China.
531
00:21:19,284 --> 00:21:21,721
She was so anxious and vulnerable.
532
00:21:21,722 --> 00:21:24,680
To prey on people looking
to create a family,
533
00:21:24,681 --> 00:21:25,855
it's repugnant.
534
00:21:25,856 --> 00:21:27,596
I'm not gonna reward someone like that.
535
00:21:27,597 --> 00:21:30,425
In fact, I want to open
up a case against him.
536
00:21:30,426 --> 00:21:33,297
The victim's husband's gonna
be your most emotional witness.
537
00:21:33,298 --> 00:21:34,995
Kick off your trial with him.
538
00:21:34,996 --> 00:21:41,741
?
539
00:21:41,842 --> 00:21:47,572
Eileen and I met during freshman
orientation at Georgetown.
540
00:21:47,573 --> 00:21:50,053
It was one of those "love
at first sight" moments.
541
00:21:50,054 --> 00:21:52,403
And you wanted to start a family?
542
00:21:52,404 --> 00:21:55,232
Eileen had survived childhood cancer.
543
00:21:55,233 --> 00:21:56,799
She couldn't carry a baby,
544
00:21:56,800 --> 00:22:00,760
so we arranged to have our
embryo implanted in a surrogate.
545
00:22:00,761 --> 00:22:05,374
That surrogate being the
defendant, Darina Meleshko?
546
00:22:06,549 --> 00:22:08,202
Yes.
547
00:22:08,203 --> 00:22:11,858
Do you have any memory of what happened
548
00:22:11,859 --> 00:22:15,252
between you, your
wife, and the defendant
549
00:22:15,253 --> 00:22:17,037
on January 15th of this year?
550
00:22:17,038 --> 00:22:19,387
The last thing I remember
is coming home from dinner.
551
00:22:19,388 --> 00:22:23,478
Eileen went to see Darina to
let her know that we were home,
552
00:22:23,479 --> 00:22:24,958
see if she needed anything.
553
00:22:24,959 --> 00:22:27,177
- Was Darina there?
- I can only guess.
554
00:22:27,178 --> 00:22:29,746
Like I said, I don't remember.
555
00:22:31,792 --> 00:22:34,271
We trusted her,
556
00:22:34,272 --> 00:22:35,925
welcomed her into our home,
557
00:22:35,926 --> 00:22:37,231
treated her like family.
558
00:22:37,232 --> 00:22:38,449
I... I can't believe that she would
559
00:22:38,450 --> 00:22:40,016
do something like this to us.
560
00:22:40,017 --> 00:22:41,322
Objection. Not relevant.
561
00:22:41,323 --> 00:22:43,063
My baby is living in a prison.
562
00:22:43,064 --> 00:22:44,194
- Your Honor!
- Mr. Porter.
563
00:22:44,195 --> 00:22:45,326
Please, Darina, just let me see her.
564
00:22:45,327 --> 00:22:46,675
I just want to hold her.
565
00:22:46,676 --> 00:22:49,765
Mr. Porter, there's no
question before you, sir.
566
00:22:49,766 --> 00:22:52,289
?
567
00:22:52,290 --> 00:22:54,639
Anything else, Mr. Price?
568
00:22:54,640 --> 00:22:57,294
No, I have nothing further.
569
00:22:57,295 --> 00:22:59,644
Cross examination.
570
00:22:59,645 --> 00:23:03,997
?
571
00:23:03,998 --> 00:23:09,306
Is it possible that
you startled my client,
572
00:23:09,307 --> 00:23:11,700
scared her, yelled at her?
573
00:23:11,701 --> 00:23:13,789
I never raised my voice with her before.
574
00:23:13,790 --> 00:23:16,183
But you must have been angry
to see that she was leaving.
575
00:23:16,184 --> 00:23:17,358
You... you could have threatened her.
576
00:23:17,359 --> 00:23:18,359
I may have been angry.
577
00:23:18,360 --> 00:23:19,664
I doubt I threatened her.
578
00:23:19,665 --> 00:23:22,755
But you can't swear to that?
579
00:23:22,756 --> 00:23:25,801
?
580
00:23:25,802 --> 00:23:27,890
Correct, I can't.
581
00:23:27,891 --> 00:23:31,676
?
582
00:23:31,677 --> 00:23:34,984
Did Darina tell you
about her life in Ukraine?
583
00:23:34,985 --> 00:23:37,987
A little.
584
00:23:37,988 --> 00:23:41,904
Did she talk about the Russian soldiers?
585
00:23:41,905 --> 00:23:45,212
Yes, she did.
586
00:23:45,213 --> 00:23:48,128
The constant barrage of gunfire,
587
00:23:48,129 --> 00:23:49,912
the unrelenting bombings?
588
00:23:49,913 --> 00:23:52,697
She did.
589
00:23:52,698 --> 00:23:55,004
Did Darina tell you
she witnessed the death
590
00:23:55,005 --> 00:23:57,354
of her husband and young son?
591
00:23:57,355 --> 00:23:59,835
Your Honor, I fail to see the relevance.
592
00:23:59,836 --> 00:24:01,924
Sustained.
593
00:24:01,925 --> 00:24:04,449
Anything else?
594
00:24:05,886 --> 00:24:07,322
No, thank you.
595
00:24:09,628 --> 00:24:12,282
Dr. Thomas, did you perform the autopsy
596
00:24:12,283 --> 00:24:14,719
on the victim in this
case, Eileen Porter?
597
00:24:14,720 --> 00:24:16,069
I did.
598
00:24:16,070 --> 00:24:17,679
What did you determine
to be the cause of death?
599
00:24:17,680 --> 00:24:19,376
Blunt-force trauma to the head.
600
00:24:19,377 --> 00:24:23,946
Could you describe the nature and
severity of Ms. Porter's wounds?
601
00:24:23,947 --> 00:24:26,731
She had eight separate and
distinct attacks on her skull.
602
00:24:26,732 --> 00:24:30,213
And is it true that any
one of those head wounds
603
00:24:30,214 --> 00:24:32,215
could have killed Ms. Porter?
604
00:24:32,216 --> 00:24:34,304
That is my opinion, yes.
605
00:24:34,305 --> 00:24:36,176
So would you characterize this attack
606
00:24:36,177 --> 00:24:38,743
as unnecessarily vicious?
607
00:24:38,744 --> 00:24:40,049
I would.
608
00:24:40,050 --> 00:24:41,050
Thank you, Doctor.
609
00:24:41,051 --> 00:24:43,270
I have nothing further.
610
00:24:43,271 --> 00:24:44,881
Ms. Stratford?
611
00:24:51,105 --> 00:24:54,890
Did this incident appear to be
the result of rational thought?
612
00:24:54,891 --> 00:24:56,587
I'm not sure what you're asking.
613
00:24:56,588 --> 00:24:58,807
Then let me rephrase.
614
00:24:58,808 --> 00:25:01,766
Are you familiar with
post-traumatic stress disorder?
615
00:25:01,767 --> 00:25:03,812
- I am.
- Your Honor, may we approach?
616
00:25:03,813 --> 00:25:06,815
[TENSE MUSIC]
617
00:25:06,816 --> 00:25:08,512
?
618
00:25:08,513 --> 00:25:10,906
This doctor is not an expert in PTSD.
619
00:25:10,907 --> 00:25:14,127
And even if he were,
what's the relevance?
620
00:25:14,128 --> 00:25:15,563
Where are you going
with this, Ms. Stratford?
621
00:25:15,564 --> 00:25:17,217
We are changing our defense.
622
00:25:17,218 --> 00:25:18,479
To what?
623
00:25:18,480 --> 00:25:21,395
Not guilty by reason of insanity.
624
00:25:21,396 --> 00:25:24,398
This is trial by ambush.
625
00:25:24,399 --> 00:25:26,182
The defense realizes
we have a strong case,
626
00:25:26,183 --> 00:25:28,663
so they've decided to
completely change course.
627
00:25:28,664 --> 00:25:31,013
We are allowed to present
any defense we choose.
628
00:25:31,014 --> 00:25:32,493
Sure, if you provide notice
629
00:25:32,494 --> 00:25:34,887
and comply with the rules of discovery.
630
00:25:34,888 --> 00:25:36,932
I don't condone their tactics,
631
00:25:36,933 --> 00:25:39,935
but I can't deny the
defense an opportunity
632
00:25:39,936 --> 00:25:42,895
to present relevant
evidence and witnesses.
633
00:25:42,896 --> 00:25:46,159
I will give you time
to prepare, Mr. Price.
634
00:25:46,160 --> 00:25:48,465
Ladies and gentlemen,
we're adjourned for the day.
635
00:25:48,466 --> 00:25:49,902
[GAVEL BANGS]
636
00:25:49,903 --> 00:25:52,383
?
637
00:25:54,478 --> 00:25:57,176
Dr. Galen, are you a
board-certified psychiatrist
638
00:25:57,177 --> 00:25:58,568
with a practice in New York?
639
00:25:58,569 --> 00:25:59,874
I am.
640
00:26:00,009 --> 00:26:02,920
I specialize in the
neurobiology of trauma.
641
00:26:02,980 --> 00:26:06,504
And did you conduct a forensic
examination of my client?
642
00:26:06,505 --> 00:26:09,246
The National Center for
PTSD has a standard set
643
00:26:09,247 --> 00:26:12,554
of questions used to
evaluate the intensity
644
00:26:12,555 --> 00:26:14,469
and frequency of symptoms.
645
00:26:14,470 --> 00:26:16,036
I administered that test,
646
00:26:16,037 --> 00:26:19,343
and I asked Ms. Meleshko about her life.
647
00:26:19,344 --> 00:26:21,563
What did Darina tell you?
648
00:26:21,564 --> 00:26:22,999
Darina was a preschool teacher.
649
00:26:23,000 --> 00:26:25,306
Her husband was an engineer.
650
00:26:25,307 --> 00:26:27,743
They lived in Kyiv
with their infant son.
651
00:26:27,744 --> 00:26:31,791
When Ukraine was invaded,
her home was bombed.
652
00:26:31,792 --> 00:26:33,924
Did Darina show you this photograph?
653
00:26:36,966 --> 00:26:39,059
Yes.
654
00:26:39,060 --> 00:26:40,451
She told me it was what her home
655
00:26:40,452 --> 00:26:42,715
looked like after the attack.
656
00:26:42,716 --> 00:26:44,455
[DRAMATIC MUSIC]
657
00:26:44,456 --> 00:26:48,895
Was Darina in the building
at the time it was hit?
658
00:26:48,896 --> 00:26:52,855
Her husband was decapitated
right in front of her.
659
00:26:52,856 --> 00:26:55,684
Her infant son was killed by a mortar.
660
00:26:55,685 --> 00:26:57,077
?
661
00:26:57,078 --> 00:26:59,862
And Darina managed to survive?
662
00:26:59,863 --> 00:27:03,300
She and her mother went
to a refugee shelter.
663
00:27:03,301 --> 00:27:06,434
Did all this have an effect on Darina?
664
00:27:06,435 --> 00:27:07,914
Most definitely.
665
00:27:07,915 --> 00:27:10,786
She has all of the
classic symptoms of PTSD...
666
00:27:10,787 --> 00:27:13,746
flashbacks, nightmares,
intrusive thoughts.
667
00:27:13,747 --> 00:27:19,969
And can PTSD alter
one's brain chemistry?
668
00:27:19,970 --> 00:27:24,670
It can increase vigilance,
impulsivity, stress responses,
669
00:27:24,671 --> 00:27:26,193
and memory intrusions.
670
00:27:26,194 --> 00:27:29,283
Dr. Galen, in your professional opinion,
671
00:27:29,284 --> 00:27:33,461
did Darina's mental
disease render her unable
672
00:27:33,462 --> 00:27:39,467
to understand the wrongfulness
of her actions on January 15th?
673
00:27:39,468 --> 00:27:41,121
Yes.
674
00:27:41,122 --> 00:27:42,818
Thank you.
675
00:27:42,819 --> 00:27:44,733
Nothing further.
676
00:27:44,734 --> 00:27:50,739
?
677
00:27:50,740 --> 00:27:54,438
Do you know that Tom and Eileen Porter,
678
00:27:54,439 --> 00:27:56,745
or the victims in this case,
679
00:27:56,746 --> 00:27:59,095
had no evidence of offensive wounds?
680
00:27:59,096 --> 00:28:00,618
No, I did not know that.
681
00:28:00,619 --> 00:28:01,968
All of the evidence in this case
682
00:28:01,969 --> 00:28:05,319
indicates that this was
an unprovoked attack.
683
00:28:05,320 --> 00:28:09,758
Yes, but in Darina's
mind, it was warranted.
684
00:28:09,759 --> 00:28:13,893
The defendant was
never treated for PTSD.
685
00:28:13,894 --> 00:28:15,546
She's never complained
about her symptoms
686
00:28:15,547 --> 00:28:19,594
until after she saw that the
evidence against her was mounting.
687
00:28:19,595 --> 00:28:23,337
- Objection. Argumentative.
- Overruled.
688
00:28:23,338 --> 00:28:26,688
Unfortunately, many of those
who suffer from the disorder
689
00:28:26,689 --> 00:28:28,734
do not seek professional help.
690
00:28:28,735 --> 00:28:32,172
Dr. Galen, according to UNICEF,
691
00:28:32,173 --> 00:28:37,003
5.2 million women are
at risk of depression,
692
00:28:37,004 --> 00:28:41,529
anxiety, and PTSD due to
the Ukrainian-Russian War.
693
00:28:41,530 --> 00:28:43,444
As far as I know,
694
00:28:43,445 --> 00:28:46,839
none of them have committed
this kind of atrocity.
695
00:28:46,840 --> 00:28:47,883
Objection.
696
00:28:47,884 --> 00:28:50,712
Sustained.
697
00:28:50,713 --> 00:28:52,366
Anything else?
698
00:28:52,367 --> 00:28:54,542
?
699
00:28:54,543 --> 00:28:57,371
No, thank you.
700
00:28:57,372 --> 00:29:04,335
?
701
00:29:07,164 --> 00:29:10,558
I've been reading about our
defendant's life in Ukraine.
702
00:29:10,559 --> 00:29:12,734
Seems pretty tragic.
703
00:29:12,735 --> 00:29:14,868
I think we should consider a plea.
704
00:29:17,174 --> 00:29:20,263
I don't want to diminish
what she's been through.
705
00:29:20,264 --> 00:29:24,659
But I just don't think
she was legally insane.
706
00:29:24,660 --> 00:29:26,139
Everything she did before and after
707
00:29:26,140 --> 00:29:27,836
the attack was intentional,
708
00:29:27,837 --> 00:29:30,752
required rational thought and planning.
709
00:29:30,753 --> 00:29:32,799
She was in survival mode.
710
00:29:34,104 --> 00:29:37,019
My parents and grandparents fled Lebanon
711
00:29:37,020 --> 00:29:40,936
during the civil war, and
I saw what it did to them.
712
00:29:40,937 --> 00:29:42,938
I'm sure they went through hell,
713
00:29:42,939 --> 00:29:44,766
but they didn't turn around and bludgeon
714
00:29:44,767 --> 00:29:46,420
innocent people to death with a hammer.
715
00:29:46,421 --> 00:29:49,684
All I'm saying is
that the trauma exists.
716
00:29:49,685 --> 00:29:51,818
And it has a residual effect.
717
00:29:53,297 --> 00:29:56,082
What do you think we should do with her?
718
00:29:56,083 --> 00:29:57,518
I don't think she should be spending
719
00:29:57,519 --> 00:29:59,259
the next 25 years in prison.
720
00:29:59,260 --> 00:30:03,916
Eileen Porter died a
horrific, painful death.
721
00:30:03,917 --> 00:30:06,701
And Tom Porter easily could have died.
722
00:30:06,702 --> 00:30:09,138
I've been consulting
with some local refugee
723
00:30:09,139 --> 00:30:10,836
and resettlement organizations.
724
00:30:10,837 --> 00:30:12,750
They make a strong case that Darina
725
00:30:12,751 --> 00:30:15,275
is a victim of global violence,
726
00:30:15,276 --> 00:30:18,192
that we should treat her accordingly.
727
00:30:19,671 --> 00:30:21,456
I tend to agree.
728
00:30:23,153 --> 00:30:26,374
Call her lawyer, see
what you can work out.
729
00:30:30,334 --> 00:30:35,339
We are prepared to
offer Man One, 15 years.
730
00:30:37,951 --> 00:30:39,952
We're willing to accept five years
731
00:30:39,953 --> 00:30:43,303
and help with immigration.
732
00:30:43,304 --> 00:30:46,959
Darina isn't a citizen,
which means after
733
00:30:46,960 --> 00:30:50,223
she serves her sentence, she's
likely to be deported back to Ukraine.
734
00:30:50,224 --> 00:30:52,051
Please, I can't go back there.
735
00:30:52,052 --> 00:30:54,227
I can't agree to five years.
736
00:30:54,228 --> 00:30:57,143
And we don't have control
over the immigration process.
737
00:30:57,144 --> 00:30:59,015
Surely you can make some calls.
738
00:31:01,148 --> 00:31:04,411
We have something else to offer.
739
00:31:04,412 --> 00:31:06,152
[TENSE MUSIC]
740
00:31:06,153 --> 00:31:08,328
If you agree to the terms,
741
00:31:08,329 --> 00:31:10,939
Darina is willing to
terminate her parental rights
742
00:31:10,940 --> 00:31:15,335
and give her baby to Tom Porter.
743
00:31:15,336 --> 00:31:17,424
The baby already belongs to Tom Porter.
744
00:31:17,425 --> 00:31:20,949
No, Darina signed the birth certificate.
745
00:31:20,950 --> 00:31:24,170
?
746
00:31:24,171 --> 00:31:27,042
Tom was in a coma
when the baby was born.
747
00:31:27,043 --> 00:31:28,522
It's his child.
748
00:31:28,523 --> 00:31:30,176
According to the state of New York,
749
00:31:30,177 --> 00:31:32,700
Darina is the only parent of record.
750
00:31:32,701 --> 00:31:38,054
?
751
00:31:40,463 --> 00:31:41,812
I don't understand.
752
00:31:41,813 --> 00:31:43,030
I did the research myself.
753
00:31:43,031 --> 00:31:45,598
The paperwork can be filed at any time
754
00:31:45,599 --> 00:31:47,600
before or after the baby is born.
755
00:31:47,601 --> 00:31:48,645
Darina gave birth.
756
00:31:48,646 --> 00:31:50,168
She signed the birth certificate.
757
00:31:50,169 --> 00:31:51,996
The law presumes the baby is hers.
758
00:31:51,997 --> 00:31:53,780
But we had an agreement.
759
00:31:53,781 --> 00:31:55,608
Darina changed her mind.
760
00:31:55,609 --> 00:31:58,263
She's not going to sign the papers.
761
00:31:58,264 --> 00:32:01,701
You can take it to
court, challenge custody.
762
00:32:01,702 --> 00:32:03,616
That could take years.
763
00:32:03,617 --> 00:32:05,487
It'll cost money that I don't have.
764
00:32:05,488 --> 00:32:07,315
There's no guarantee that I would win.
765
00:32:07,316 --> 00:32:11,363
And in the meantime, I don't
have access to my daughter?
766
00:32:11,364 --> 00:32:13,495
She'll be living in a prison.
767
00:32:13,496 --> 00:32:15,193
In a prison.
768
00:32:15,194 --> 00:32:19,154
Darina is asking us
to give her five years
769
00:32:19,195 --> 00:32:22,153
for what she did to
you and to your wife.
770
00:32:22,154 --> 00:32:25,722
I haven't even held my baby yet.
771
00:32:25,723 --> 00:32:28,812
[SIGHS]
772
00:32:28,813 --> 00:32:32,603
This is going to be her nursery.
773
00:32:32,677 --> 00:32:36,636
I want to give her a name, baptize her.
774
00:32:36,637 --> 00:32:39,639
[SOLEMN MUSIC]
775
00:32:39,640 --> 00:32:41,467
?
776
00:32:41,468 --> 00:32:46,646
Please, I'm begging you, make the deal.
777
00:32:46,647 --> 00:32:49,997
Please, Mr. Price, give
her whatever she wants.
778
00:32:49,998 --> 00:32:52,696
Just let me have my daughter.
779
00:32:52,697 --> 00:32:57,131
?
780
00:32:57,265 --> 00:32:59,005
Five years is low,
781
00:32:59,006 --> 00:33:01,790
but it's what's best for the baby,
782
00:33:01,791 --> 00:33:04,314
and it's what the
victim's husband wants.
783
00:33:04,315 --> 00:33:06,316
Well, he is desperate, but the defendant
784
00:33:06,317 --> 00:33:08,626
is essentially holding his baby hostage.
785
00:33:08,660 --> 00:33:11,575
I was hoping there was
a deal to be made here,
786
00:33:11,576 --> 00:33:13,229
but I cannot allow someone
787
00:33:13,230 --> 00:33:15,840
to use a child as a bargaining chip.
788
00:33:15,841 --> 00:33:17,881
That's a line I can't cross.
789
00:33:18,028 --> 00:33:20,508
Then I will continue with the trial.
790
00:33:20,509 --> 00:33:22,510
Can you bring it home?
791
00:33:22,511 --> 00:33:26,732
They put on a strong defense,
and it's about to get stronger.
792
00:33:26,733 --> 00:33:28,647
The defendant is gonna testify today.
793
00:33:28,648 --> 00:33:32,607
And like it or not,
she is very sympathetic.
794
00:33:32,608 --> 00:33:36,872
I'm concerned it'll look like I'm
beating up on a traumatized woman.
795
00:33:36,873 --> 00:33:39,833
There's a solution to that.
796
00:33:40,790 --> 00:33:43,749
You do the cross.
797
00:33:43,750 --> 00:33:45,446
Because I'm a woman?
798
00:33:45,489 --> 00:33:47,399
No.
799
00:33:47,615 --> 00:33:50,269
You've told me about
your family's history.
800
00:33:50,270 --> 00:33:52,750
I think you have unique
insight into Darina's
801
00:33:52,751 --> 00:33:55,274
backstory and her psyche.
802
00:33:55,275 --> 00:33:56,928
I'm not sure I'm comfortable with that.
803
00:33:56,929 --> 00:33:59,714
I'm not asking you to do
anything unethical or illegal.
804
00:33:59,715 --> 00:34:00,889
I know, but...
805
00:34:00,890 --> 00:34:04,631
Go into the courtroom and do your job.
806
00:34:04,632 --> 00:34:07,765
You're part of the team,
and you need to step up.
807
00:34:07,766 --> 00:34:10,942
[TENSE MUSIC]
808
00:34:10,943 --> 00:34:12,622
?
809
00:34:12,669 --> 00:34:16,498
I thought Tom and
Eileen would be out late.
810
00:34:16,499 --> 00:34:21,131
I was startled when Eileen
came in and saw me packing.
811
00:34:21,252 --> 00:34:24,920
She confronted me, told
me I couldn't leave.
812
00:34:24,921 --> 00:34:27,129
Did she physically
prevent you from leaving?
813
00:34:27,130 --> 00:34:28,652
Did she block your path?
814
00:34:28,653 --> 00:34:31,525
Yes, she yelled,
815
00:34:31,526 --> 00:34:34,397
said she was going to
call the authorities,
816
00:34:34,398 --> 00:34:37,220
get me deported.
817
00:34:37,274 --> 00:34:38,622
I panicked.
818
00:34:38,623 --> 00:34:42,365
I didn't want to go back to Ukraine.
819
00:34:42,366 --> 00:34:45,804
There was a hammer on the dresser.
820
00:34:45,805 --> 00:34:47,284
So you hit her?
821
00:34:48,764 --> 00:34:50,460
Yes.
822
00:34:50,461 --> 00:34:52,462
[SOFT MUSIC]
823
00:34:52,463 --> 00:34:55,901
And Tom must have
heard what was going on.
824
00:34:55,902 --> 00:35:00,383
He came in, started
yelling, grabbing at me.
825
00:35:00,384 --> 00:35:03,735
And so I hit him too.
826
00:35:03,736 --> 00:35:07,421
You thought you were under attack?
827
00:35:07,495 --> 00:35:10,540
Yes.
828
00:35:10,541 --> 00:35:12,542
Your witness.
829
00:35:12,543 --> 00:35:15,545
[DRAMATIC MUSIC]
830
00:35:15,546 --> 00:35:22,510
?
831
00:35:23,146 --> 00:35:26,366
Ms. Meleshko,
832
00:35:26,367 --> 00:35:29,412
what exactly did Tom and Eileen say
833
00:35:29,413 --> 00:35:32,217
that made you feel threatened?
834
00:35:32,265 --> 00:35:34,440
That they were going to call the police.
835
00:35:34,441 --> 00:35:37,139
Did they say you couldn't leave?
836
00:35:37,140 --> 00:35:38,531
Yes.
837
00:35:38,532 --> 00:35:40,707
And that triggered you?
838
00:35:40,708 --> 00:35:42,013
It did.
839
00:35:42,014 --> 00:35:44,886
?
840
00:35:44,887 --> 00:35:48,715
So you're saying that
841
00:35:48,716 --> 00:35:51,762
that made you feel like
you were under attack?
842
00:35:51,763 --> 00:35:53,808
Yes.
843
00:35:53,809 --> 00:35:59,721
?
844
00:35:59,784 --> 00:36:02,569
Ask for a recess.
845
00:36:02,818 --> 00:36:04,383
Do it now.
846
00:36:04,384 --> 00:36:06,167
?
847
00:36:06,227 --> 00:36:09,708
Your Honor, may we have a brief recess?
848
00:36:09,709 --> 00:36:11,797
Let's all stretch our legs.
849
00:36:11,798 --> 00:36:13,146
Be back in 15 minutes.
850
00:36:13,147 --> 00:36:14,974
[GAVEL BANGS]
851
00:36:14,975 --> 00:36:22,113
?
852
00:36:25,774 --> 00:36:27,688
What the hell is going on?
853
00:36:27,689 --> 00:36:30,301
You're lobbing them softballs.
854
00:36:31,119 --> 00:36:33,607
Are you intentionally throwing the case?
855
00:36:33,608 --> 00:36:36,915
No, I'm doing the best I can.
856
00:36:36,916 --> 00:36:38,657
Really?
857
00:36:42,095 --> 00:36:44,979
One of my earliest childhood memories,
858
00:36:45,033 --> 00:36:47,512
it was this massive power outage,
859
00:36:47,513 --> 00:36:49,036
and the whole city went dark.
860
00:36:49,037 --> 00:36:51,125
My father instinctively packed our bags,
861
00:36:51,126 --> 00:36:52,779
got us all in the car.
862
00:36:52,780 --> 00:36:55,695
My family was halfway to Canada
when the lights went back on.
863
00:36:55,696 --> 00:37:00,656
My point is my parents
believed we were under attack.
864
00:37:00,657 --> 00:37:03,547
You need to find a way to put
your personal feelings aside.
865
00:37:05,049 --> 00:37:07,356
I'm not sure I can.
866
00:37:09,271 --> 00:37:12,404
Last year, I tried a death penalty case.
867
00:37:12,405 --> 00:37:16,233
I advocated in favor
868
00:37:16,234 --> 00:37:19,771
of sentencing a man to his death.
869
00:37:19,831 --> 00:37:23,094
That went against
everything I stood for.
870
00:37:23,095 --> 00:37:24,269
Why'd you do it?
871
00:37:24,270 --> 00:37:27,881
McCoy told me to.
872
00:37:27,882 --> 00:37:32,103
And he had every right to do so.
873
00:37:32,104 --> 00:37:34,062
?
874
00:37:34,063 --> 00:37:36,863
You and I, we serve at the pleasure
875
00:37:36,937 --> 00:37:38,372
of the district attorney.
876
00:37:38,373 --> 00:37:41,365
We are part of his team.
877
00:37:41,412 --> 00:37:43,718
When push comes to
shove, he calls the shots.
878
00:37:43,719 --> 00:37:48,114
So you have two choices...
879
00:37:48,115 --> 00:37:50,464
tender your resignation
880
00:37:50,465 --> 00:37:53,772
or figure out a way to
rise to the occasion.
881
00:37:53,773 --> 00:37:59,529
?
882
00:37:59,596 --> 00:38:02,424
Ms. Meleshko, before we went on a break,
883
00:38:02,425 --> 00:38:05,226
I was asking you about
your state of mind.
884
00:38:05,279 --> 00:38:07,280
Yes, I remember.
885
00:38:07,653 --> 00:38:10,674
You were saying that you felt
like you were under attack?
886
00:38:10,675 --> 00:38:12,502
Yes.
887
00:38:12,503 --> 00:38:16,985
And that is based on your
experience from Ukraine?
888
00:38:16,986 --> 00:38:18,988
Yes.
889
00:38:24,767 --> 00:38:28,509
Now I'd like to turn to the victims.
890
00:38:28,510 --> 00:38:32,470
When you were bashing
Eileen Porter in the head,
891
00:38:32,471 --> 00:38:34,602
did you happen to
notice that brain matter
892
00:38:34,603 --> 00:38:36,430
was seeping out of her skull?
893
00:38:36,431 --> 00:38:39,259
[DRAMATIC MUSIC]
894
00:38:39,260 --> 00:38:42,567
No, I didn't.
895
00:38:42,568 --> 00:38:46,936
Did she cry out in pain,
beg you to stop hurting her?
896
00:38:47,042 --> 00:38:48,463
?
897
00:38:48,570 --> 00:38:50,135
I wasn't in my right mind.
898
00:38:50,136 --> 00:38:51,659
But you were thinking clearly enough
899
00:38:51,660 --> 00:38:54,096
to wash Tom and Eileen's
blood off your hands.
900
00:38:54,097 --> 00:38:55,140
It wasn't like that.
901
00:38:55,141 --> 00:38:56,446
And you washed the hammer,
902
00:38:56,447 --> 00:38:58,796
tried to get rid of
your fingerprints, DNA.
903
00:38:58,797 --> 00:39:00,232
I was afraid.
904
00:39:00,233 --> 00:39:02,452
You were afraid of getting caught.
905
00:39:02,453 --> 00:39:06,214
So you destroyed evidence,
then you fled the scene.
906
00:39:06,294 --> 00:39:08,120
You left Eileen Porter dead.
907
00:39:08,121 --> 00:39:10,253
You left Tom Porter bleeding out.
908
00:39:10,254 --> 00:39:11,602
You didn't call for help.
909
00:39:11,603 --> 00:39:12,908
I wish I had.
910
00:39:12,909 --> 00:39:14,866
And if that wasn't bad
enough, the next day,
911
00:39:14,867 --> 00:39:17,521
you went to Riverdale to sell their baby
912
00:39:17,522 --> 00:39:18,696
to a couple with more money.
913
00:39:18,697 --> 00:39:20,176
Isn't that true?
914
00:39:20,177 --> 00:39:22,265
?
915
00:39:22,266 --> 00:39:24,267
Isn't that true?
916
00:39:24,268 --> 00:39:26,051
?
917
00:39:26,052 --> 00:39:27,444
[SIGHS]
918
00:39:27,445 --> 00:39:29,071
?
919
00:39:29,118 --> 00:39:31,336
I have no more questions
for this witness.
920
00:39:31,337 --> 00:39:38,431
?
921
00:39:57,384 --> 00:39:59,820
Members of the jury, in the matter of
922
00:39:59,821 --> 00:40:04,651
People versus Darina
Meleshko, how do you find?
923
00:40:04,652 --> 00:40:08,220
We find the defendant guilty.
924
00:40:08,221 --> 00:40:09,961
?
925
00:40:09,962 --> 00:40:13,095
Members of the jury,
thank you for your service.
926
00:40:13,096 --> 00:40:14,357
We are adjourned.
927
00:40:14,358 --> 00:40:16,359
[GAVEL BANGS]
928
00:40:16,360 --> 00:40:23,497
?
929
00:40:26,196 --> 00:40:28,284
Nice work.
930
00:40:28,285 --> 00:40:34,803
?
931
00:40:34,910 --> 00:40:38,348
So what does all this mean?
932
00:40:39,784 --> 00:40:43,308
Well, it means that we
got justice for your wife.
933
00:40:43,309 --> 00:40:46,137
I know, but what about my little girl?
934
00:40:46,138 --> 00:40:48,401
What does this mean for her?
935
00:40:50,539 --> 00:40:52,888
I don't know.
936
00:40:52,889 --> 00:41:00,070
?
937
00:41:43,243 --> 00:41:46,159
[WOLF HOWLS]
938
00:41:46,209 --> 00:41:50,759
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