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NARRATOR:
In the criminal justice system
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00:00:03,070 --> 00:00:06,847
the people are represented by two
separate yet equally important groups,
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00:00:06,907 --> 00:00:08,784
the police
who investigate crime
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00:00:08,842 --> 00:00:11,482
and the district attorneys
who prosecute the offenders.
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These are their stories.
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(CHILDREN CHATTERING)
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GILLESPIE: This is us on the South Rim.
That's where you start from.
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You see the other side? Yeah,
right behind your thumb.
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Very funny.
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Anyway, it's five miles across.
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This is halfway down.
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And this is us
at the Phantom Ranch,
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right at the bottom
of the canyon.
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You can't tell, but it's
one mile, straight down.
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A fantastic view.
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You could tell me they had
Keanu Reeves naked down there,
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you'd never get me to sit
10 hours on a dumb mule.
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Officer, please,
I need your help.
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It's my daughter, she's gone.
I don't know how it happened.
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All right. Just calm down.
She's just a baby.
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Somebody stole my baby.
It was over here.
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Emily's only three months old. She
can't do anything for herself.
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You carry a picture of her?
No.
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My wife, but she's at the doctor's office.
I just sat down for a minute.
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Was the baby in a stroller?
No, it was a...
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She was in a backpack thing.
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I set her down
on the bench next to me.
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What color was the backpack? Blue
with white and little letters.
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I told the officers,
I dozed off.
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But it was only like five minutes, and
I wake up and the backpack is gone.
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Did you see anybody hanging
around, anybody following you?
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No. No.
I didn't notice anybody.
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Okay, Mr. Willach, just sit tight for a minute.
I'll be right back.
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We've got people at all the entrances.
Canine units are on the way.
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Did he see anything?
No.
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Poor guy closes his eyes
for two minutes, bang.
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Detective Logan.
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This lady says she saw some guy hanging
around the playground this morning.
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A bald man, over there,
two hours ago.
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Taking pictures of kids
with a camera he's got.
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I seen him around before.
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So where did he go?
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He went away.
I don't know where.
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All right, I'm gonna put you
together with a sketch artist,
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and you're gonna help him draw a
picture of this bald man, okay?
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Okay. I thought this thing
only happens in my country.
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What are you talking about?
Guatemala. You don't know?
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It was all over the TV.
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They steal the babies
for their organs.
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She has the bluest eyes.
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Does this kind of thing happen a lot here?
I mean, with so many people around.
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Oh, you're not from around here?
We just moved to 94th Street
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from Edison, New Jersey.
What are we doing here?
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We're not doing any good
just sitting here talking.
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Mrs. Willach, we have a lot of people
out looking for your daughter.
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Oh, God,
why is this happening to me?
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I should never have gone to the doctor's.
I should have stayed home.
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It's my fault. If I hadn't
sat down, everything...
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BRISCOE: Hey, nobody
blames you for sitting down.
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You walked all the way to Heckscher
playground from 94th Street.
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We got a nanny in the park who saw
this man near the playground.
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Did you see anyone even
slightly resembling this man?
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No, I was only
paying attention to Emily.
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I mean... BRISCOE: That's okay.
We understand.
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Whenever you want to talk to us, you
just call this number, all right?
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We know how tough this is. Thank you, Officer.
Please, find her.
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They always come up with a new angle.
"Help me find my lost dog."
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"Let me take your picture." Anything
that gets them up close to the kids.
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Yeah. Well, we've got
Profaci checking on arrests
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in the park
for the past six months.
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Have him pull the conditions
reports from the local precinct.
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Maybe somebody's complained
about this "gentleman" before.
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You know, for what it's worth, the
nanny mentioned something about kids
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being snatched for their organs.
Yeah. Right, in Guatemala.
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But around here,
the big money's in adoption.
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Nice white baby girl, could be some
rich yuppie couple's dream child.
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Look, I don't care if this
child was beamed up by E.T.
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Let's just find her before she's
old enough to go to kindergarten.
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Head back to the playground. Word
gets around about creeps like this.
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(CHILDREN CHATTERING)
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Looks like a guy I once married.
Thank God he's dead.
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Anybody else?
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Did he have a camera with him?
That's the guy.
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He was over at Riverside Park a couple of months ago.
Wouldn't leave us alone.
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He was there every day for a week.
I complained about him to a cop.
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And?
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He finally gave the guy
a ticket.
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Afterwards, the cop told me there
wasn't even any film in the camera.
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Do you happen to remember
what day that was?
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00:05:13,313 --> 00:05:15,725
Listen, I got no receipt,
but I paid that ticket.
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00:05:15,782 --> 00:05:18,058
We know you paid it,
like you paid the other two.
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By the way, you like to
hang around playgrounds?
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I like the fresh air. Speaking
of air, what's that smell?
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What smell?
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Oh, once you smell that,
you can never forget it.
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There wouldn't by any chance be a
diaper in there, would there, Robert?
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Hey, look, the diaper belongs to a friend's kid.
She was here yesterday.
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I mean, is it a crime
to have dirty diapers?
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Depends on what baby
crapped in his pants.
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Where were you this morning?
Today?
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Hey, I know what this is about.
It's that kid, the one on TV?
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A witness puts you
in the park this morning.
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Come on, I look like a pervert?
Kids are not my thing.
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What is your thing?
Look, Officer,
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I'm just a guy
trying to get busy...
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There's a lot of lonely nannies out there.
I give them a line.
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00:06:03,463 --> 00:06:06,273
I'm a commercials agent
looking for kids, huh?
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00:06:06,333 --> 00:06:10,338
It's a gimmick, just to get
names and numbers. See?
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You got all these from the parks?
Hey, this stuff works.
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He has the girl's name,
number, everything.
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He's in the clear
as far as this case goes.
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Profaci worked up a list of possibles
from the precinct reports.
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There's droolers, flashers,
junkies, chicken hawks...
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Little something for everybody?
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It's nice to see the public
getting into the act.
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We've got baby sightings
in all five boroughs,
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including eight from our
friendly neighborhood psychics.
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Divvy them up with Profaci,
Vosko and McBroom.
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I want every lead followed up.
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00:06:44,571 --> 00:06:47,142
It might be a good idea to have
another talk with this Willach.
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He was a little sketchy
this morning.
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00:06:48,608 --> 00:06:50,417
But I might be able to get
a little more out of him now.
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(PHONE RINGING)
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Van Buren.
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They'll be right down. The
search teams found something.
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00:06:58,985 --> 00:07:01,932
It was in the bushes near
the park entrance at 93rd.
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It's practically brand new.
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00:07:04,557 --> 00:07:07,470
The only fresh prints on it
belong to Martin Willach.
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He was fingerprinted when
he was bonded for his job.
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I guess the perp
could have worn gloves.
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Right. He runs across the
park, tosses this thing,
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then puts the kid under his arm
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like a loaf of bread.
Okay.
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00:07:21,608 --> 00:07:23,315
The baby never made it
out of the park.
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00:07:23,877 --> 00:07:26,084
I'm thinking she never
made it into the park.
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Wait a second.
Willach lives on 94th Street.
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He enters the park at 93rd and walks
right past where this thing was found.
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You think that guy's capable?
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Hey, you never lost a night's
sleep to a crying baby.
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MAN: Yo!
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This is not a public place.
Reporters aren't welcome here.
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Yo. Police. We're looking
for Marty Willach.
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Oh, I'm sorry.
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Him and his wife went across
the street with some friends.
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Reporters have been bugging
the hell out of them.
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Were you here this morning when
Marty took his baby to the park?
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00:08:00,246 --> 00:08:02,385
Yeah, I was here,
but I didn't see Willach.
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00:08:02,449 --> 00:08:05,191
Anyway, the stroller
was here all day.
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00:08:05,619 --> 00:08:07,690
That's what they push the
baby around in? Yeah.
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00:08:07,754 --> 00:08:09,927
I hear the chain rattle
every time they take it out.
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00:08:10,590 --> 00:08:14,003
They always keep it here? Well, I
tell him to keep it in his apartment,
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00:08:14,060 --> 00:08:16,973
but, you know, Marty told me he doesn't
want to carry it up and down the stairs.
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He's got a bad back
from lifting cartons all day.
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00:08:19,966 --> 00:08:21,343
(PHONE RINGING)
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I gotta get that.
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00:08:25,338 --> 00:08:28,683
He's got a bad back, but today
he carries the kid 30 blocks
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00:08:28,742 --> 00:08:30,244
in a brand-new backpack?
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00:08:30,710 --> 00:08:33,850
Carrying an empty backpack under
his arm's a lot less obvious
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00:08:33,913 --> 00:08:36,120
than pushing an empty stroller
down the street.
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You're gonna talk to us,
Marty. You're gonna tell us
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what happened to your baby girl.
I told you. Somebody took her.
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You're a liar. You tried to make
it look like someone took her.
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That's why you ditched this.
Mike.
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00:08:47,927 --> 00:08:49,031
Right, Marty?
Mike!
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00:08:49,095 --> 00:08:50,438
Right?
Back off!
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Come on. Go get a cup
of coffee, will you?
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00:09:01,841 --> 00:09:02,842
(SIGHING)
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00:09:03,043 --> 00:09:06,718
Marty, we got this guy,
this camera bug. Remember?
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00:09:06,813 --> 00:09:10,886
The bald guy in the sketch.
Some people put him in the park
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00:09:10,950 --> 00:09:12,623
right about
when you fell asleep.
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00:09:13,820 --> 00:09:18,166
We can convict him, easy. Kidnapping.
It's a life sentence.
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00:09:19,426 --> 00:09:22,771
Now, do you think
that's right, Marty?
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00:09:22,829 --> 00:09:25,241
For us to put this guy
away for life?
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00:09:25,932 --> 00:09:27,343
I told you,
I never saw the guy.
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00:09:28,134 --> 00:09:30,774
But you know for a fact
he didn't take Emily.
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00:09:31,738 --> 00:09:32,842
Because you know the truth.
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00:09:34,474 --> 00:09:38,217
Marty, we all try to hide
from the stupid things we do.
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00:09:38,645 --> 00:09:41,649
I mean, things we shouldn't do,
that we didn't mean to do.
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00:09:42,582 --> 00:09:45,358
You're trying to make me say
I killed my own daughter?
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00:09:46,219 --> 00:09:49,325
I don't want you to say anything
but the God's-honest truth.
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00:09:51,257 --> 00:09:55,262
Marty, I know what it's like being a father.
I have two girls.
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00:09:55,895 --> 00:09:59,001
When they were little there were times
when the only thing in the world
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00:09:59,065 --> 00:10:02,979
I wanted was for them to shut up
and get the hell away from me.
184
00:10:03,036 --> 00:10:04,037
But they didn't.
185
00:10:04,104 --> 00:10:06,710
They never did. They were always
there, screaming, crying.
186
00:10:06,773 --> 00:10:08,081
Emily wasn't like that.
187
00:10:09,976 --> 00:10:13,685
She was never in the way?
She was never once like that.
188
00:10:16,082 --> 00:10:17,254
So how did this happen?
189
00:10:21,721 --> 00:10:22,859
Somebody took her.
190
00:10:25,592 --> 00:10:26,662
Right.
191
00:10:29,562 --> 00:10:34,204
You know, Marty, I'll bet your life was
really nice before Emily came along.
192
00:10:34,267 --> 00:10:36,873
I know my marriage was
perfect before we had kids.
193
00:10:37,470 --> 00:10:40,747
Our marriage is still perfect.
Yeah.
194
00:10:41,007 --> 00:10:43,317
But you have to stay home
with the baby, right?
195
00:10:43,643 --> 00:10:46,817
What was she, teething?
Crying a whole lot? I mean,
196
00:10:47,080 --> 00:10:51,085
so you lose your temper. You
shake her a little bit too hard.
197
00:10:51,184 --> 00:10:53,960
You didn't know, she's just
a delicate little thing.
198
00:10:54,020 --> 00:10:57,160
I wouldn't do that.
I love Emily.
199
00:10:59,826 --> 00:11:02,932
And you're gonna let her
just disappear forever?
200
00:11:03,963 --> 00:11:07,137
Like she was never here?
A nobody?
201
00:11:09,869 --> 00:11:13,715
Marty, she's your daughter,
and you loved her.
202
00:11:14,941 --> 00:11:17,285
But she deserves better
than this, am I right?
203
00:11:18,811 --> 00:11:20,688
Marty, am I right?
204
00:11:23,183 --> 00:11:27,063
There's a place by the Hudson
River, just down the street.
205
00:11:28,388 --> 00:11:31,494
We'd take Emily there
to just sit,
206
00:11:32,825 --> 00:11:35,032
watch the sun set
over New Jersey.
207
00:11:38,865 --> 00:11:42,574
Now you're being a good father
for telling us the truth.
208
00:11:49,442 --> 00:11:50,477
Son of a bitch.
209
00:11:57,317 --> 00:11:59,456
(POLICE RADIO CHATTERING)
210
00:12:02,255 --> 00:12:03,359
MAN: We got something here.
211
00:12:07,327 --> 00:12:08,328
Pull it.
212
00:12:33,853 --> 00:12:36,026
From the amount of congestion
on the brain and lungs,
213
00:12:36,122 --> 00:12:37,965
I'd say this baby
died from asphyxia.
214
00:12:38,625 --> 00:12:42,129
No marks or bruises on the throat.
She could have been smothered,
215
00:12:42,262 --> 00:12:44,105
or she could have
died naturally.
216
00:12:44,597 --> 00:12:46,440
You mean like crib death?
It's possible.
217
00:12:47,700 --> 00:12:50,442
Were there marks anywhere on the body?
Not even a rash.
218
00:12:51,037 --> 00:12:54,211
The baby was clean, well-fed
and wearing a new diaper.
219
00:12:54,707 --> 00:12:57,415
Everything Dr. Spock says
you should do for a baby.
220
00:12:57,477 --> 00:13:00,117
Yeah. I guess I skipped the part
about stuffing them in a cooler.
221
00:13:00,647 --> 00:13:03,821
She was wrapped in satin bedding.
This was around her neck.
222
00:13:04,417 --> 00:13:05,987
And this was next to her.
223
00:13:07,053 --> 00:13:09,932
I didn't kill her.
She died in her crib.
224
00:13:10,490 --> 00:13:14,370
Emily was sick a lot. Eileen was
always taking her to Mount Sinai.
225
00:13:14,427 --> 00:13:17,431
And then yesterday,
when we got up at 5:00,
226
00:13:17,497 --> 00:13:20,706
she was just lying there,
on her stomach.
227
00:13:20,833 --> 00:13:21,971
She was dead.
228
00:13:22,235 --> 00:13:25,842
How did you know? You a doctor?
She was ice cold.
229
00:13:25,905 --> 00:13:27,612
And you don't call
anybody for help?
230
00:13:27,974 --> 00:13:30,318
We were going crazy!
I mean, anybody would
231
00:13:30,376 --> 00:13:31,912
if they found
their little girl dead.
232
00:13:31,978 --> 00:13:34,891
Not everybody goes out first
thing looking for an ice chest.
233
00:13:36,115 --> 00:13:39,187
You don't understand.
I did it for Eileen.
234
00:13:39,986 --> 00:13:41,294
I had to protect her.
235
00:13:42,021 --> 00:13:44,627
Marty was worried about
what people would say.
236
00:13:45,158 --> 00:13:47,104
I've seen it happen
with other parents.
237
00:13:47,960 --> 00:13:53,000
A baby dies like that, all of a sudden,
in her crib. There's always talk.
238
00:13:53,933 --> 00:13:56,174
You don't know
how cruel people can be.
239
00:13:56,836 --> 00:13:59,578
Believe me,
I'm getting an education.
240
00:14:00,940 --> 00:14:03,978
Listen to you.
There's never any sympathy.
241
00:14:04,177 --> 00:14:06,418
You're saying people would
blame you for this?
242
00:14:06,646 --> 00:14:10,594
Oh, I know for a fact that they
would, especially our families.
243
00:14:11,384 --> 00:14:15,025
They blame me for everything.
Explain that to me.
244
00:14:17,690 --> 00:14:23,140
Once, a bottle I was sterilizing
exploded in boiling water.
245
00:14:23,863 --> 00:14:25,137
Glass everywhere.
246
00:14:26,499 --> 00:14:27,637
They blamed me.
247
00:14:30,403 --> 00:14:34,749
The worst things happen to me.
They always do.
248
00:14:37,810 --> 00:14:38,811
Whoa.
249
00:14:39,312 --> 00:14:41,519
This lady
is on a different planet.
250
00:14:42,715 --> 00:14:45,059
She is more concerned about
what's happening to her
251
00:14:45,118 --> 00:14:46,563
than what happened to her baby.
252
00:14:46,719 --> 00:14:50,792
And yet the ME finds no evidence this
child was murdered or even neglected.
253
00:14:51,324 --> 00:14:52,598
So what do you wanna do?
254
00:14:53,559 --> 00:14:56,733
Cite the Willachs for failure to obtain
a burial permit and send them home?
255
00:14:56,796 --> 00:14:59,777
I'm saying there are more wrongs
than rights with your picture.
256
00:14:59,866 --> 00:15:03,245
I've seen babies abused to
death by crazed mothers,
257
00:15:03,336 --> 00:15:05,714
and this child doesn't look
like one of those babies.
258
00:15:05,772 --> 00:15:07,012
She's just as dead.
259
00:15:07,306 --> 00:15:09,047
Look, if Mom is feeling guilty,
260
00:15:09,108 --> 00:15:10,781
maybe that should
tell us something.
261
00:15:10,843 --> 00:15:12,789
Hey, crib deaths happen, Mike.
262
00:15:12,912 --> 00:15:15,290
If it was my kid, maybe
I'd feel guilty about it.
263
00:15:15,348 --> 00:15:17,885
And naturally, you'd grab a shovel
and head to Riverside Park?
264
00:15:19,118 --> 00:15:21,462
Come on, you guys are
the mommies and daddies here.
265
00:15:21,821 --> 00:15:25,098
If you found your kid like that,
wouldn't you rush him to the hospital
266
00:15:25,158 --> 00:15:26,762
in the middle
of a damn snowstorm?
267
00:15:28,961 --> 00:15:32,306
All right. The child
was a regular at Mount Sinai?
268
00:15:32,498 --> 00:15:33,636
Start there.
269
00:15:34,033 --> 00:15:35,979
WOMAN ON PA: Dr. Morgan,
please pick up line two.
270
00:15:36,035 --> 00:15:38,072
Eileen Willach brought
her daughter in eight times.
271
00:15:38,137 --> 00:15:40,117
Low-grade fever,
irregular breathing.
272
00:15:40,173 --> 00:15:41,880
But there was nothing wrong
we could find.
273
00:15:41,941 --> 00:15:44,217
Her biggest complaint was that
her baby cried all the time.
274
00:15:44,277 --> 00:15:47,156
I told her that's what babies do.
Well, maybe this one had a reason.
275
00:15:47,747 --> 00:15:49,385
Like an over-anxious parent?
276
00:15:49,849 --> 00:15:52,853
We get our share coming in with all
sorts of imaginary complaints.
277
00:15:53,619 --> 00:15:55,292
All they really want
is a pat on the head,
278
00:15:55,354 --> 00:15:57,163
someone to tell them
they're doing just fine.
279
00:15:57,223 --> 00:16:00,227
A lot of them complain about their
kid's imaginary breathing problems?
280
00:16:00,293 --> 00:16:04,207
We did full work-ups on that child.
She diagnosed healthy every time.
281
00:16:04,397 --> 00:16:07,003
Did you ever discuss it with the
Willachs' regular baby doctor?
282
00:16:07,266 --> 00:16:08,404
I didn't see the point.
283
00:16:08,634 --> 00:16:11,581
Well, maybe we'll take him up on it.
Can you give me his name and address?
284
00:16:11,938 --> 00:16:15,010
It's a Dr. Henry Royce, in Edison.
Edison?
285
00:16:15,308 --> 00:16:17,879
They live in New York but their
pediatrician's in New Jersey?
286
00:16:17,944 --> 00:16:20,652
Mrs. Willach said she hadn't had
time to find somebody new here.
287
00:16:20,780 --> 00:16:22,487
Royce used to take care
of her other children.
288
00:16:25,718 --> 00:16:29,666
I was concerned that might happen. Crib death.
Same as their other children.
289
00:16:29,922 --> 00:16:31,458
They're dead, too?
Yes.
290
00:16:31,757 --> 00:16:34,203
Daniel at five months
and Caroline at three months.
291
00:16:34,260 --> 00:16:38,208
Excuse me, Doc, but three kids sounds
a little more like crib homicide.
292
00:16:38,598 --> 00:16:40,942
I made a thorough examination
of the children.
293
00:16:41,067 --> 00:16:43,206
They showed high levels
of blood ammonia.
294
00:16:43,669 --> 00:16:46,582
This suggested to me they had
an inherited metabolic disorder
295
00:16:46,639 --> 00:16:48,118
that could result
in sudden death.
296
00:16:48,174 --> 00:16:50,211
So they died
of some genetic disease?
297
00:16:50,276 --> 00:16:52,688
In layman's terms, you could
say they carried a death gene
298
00:16:52,745 --> 00:16:54,156
inherited from their parents.
299
00:16:54,213 --> 00:16:57,217
Well, if kids are so important to them,
why not just adopt healthy ones?
300
00:16:57,283 --> 00:17:02,198
I thought they had.
Kings County Child Services.
301
00:17:02,321 --> 00:17:03,823
They asked me for my opinion.
302
00:17:05,892 --> 00:17:08,304
I highly recommended
Eileen and Marty.
303
00:17:10,696 --> 00:17:15,338
Gary was 18 months old. Mrs. Willach
practically begged to have a child.
304
00:17:15,434 --> 00:17:17,505
So anybody begs for a kid,
you give them one?
305
00:17:17,570 --> 00:17:19,641
Even when their own two kids
died in their sleep?
306
00:17:19,705 --> 00:17:21,776
Oh, no. The doctor said
they died of crib death.
307
00:17:21,841 --> 00:17:25,220
Every required precaution was taken.
Well, what about little Gary?
308
00:17:25,278 --> 00:17:28,987
The Willachs just didn't take to him?
Well, we removed him from their care.
309
00:17:29,048 --> 00:17:32,086
Nothing was proven, but...
But what?
310
00:17:32,485 --> 00:17:34,965
Well, there was
an allegation of abuse.
311
00:17:35,321 --> 00:17:38,825
Mrs. Willach took Gary to the
hospital a half a dozen times.
312
00:17:39,025 --> 00:17:42,563
You know, allergies he didn't
suffer from, fevers he didn't have.
313
00:17:42,628 --> 00:17:45,268
A parent who worries
about her child's health.
314
00:17:45,331 --> 00:17:46,742
That doesn't sound abusive.
315
00:17:46,799 --> 00:17:49,609
Well, one day she brought him
in with respiratory distress.
316
00:17:49,969 --> 00:17:51,448
He had to be resuscitated.
317
00:17:52,104 --> 00:17:53,845
The doctor said
that he thought he saw...
318
00:17:55,675 --> 00:17:57,313
I shouldn't be
telling you this,
319
00:17:58,878 --> 00:18:01,859
but he said he thought he saw signs
that Gary had been suffocated.
320
00:18:02,748 --> 00:18:04,557
That's all I can say.
I am sorry.
321
00:18:06,285 --> 00:18:08,595
Four kids
with breathing problems.
322
00:18:08,654 --> 00:18:10,895
And one of them a foster child.
323
00:18:11,190 --> 00:18:14,467
I wonder how he got the death gene?
Off a doorknob?
324
00:18:18,431 --> 00:18:19,910
EILEEN: This is so unfair.
325
00:18:20,132 --> 00:18:23,602
My baby's dead, and you keep
asking me these questions.
326
00:18:23,703 --> 00:18:27,776
I understand the pain you're in.
You've lost three babies.
327
00:18:27,940 --> 00:18:30,887
It's in our blood.
That's what our doctor said.
328
00:18:31,177 --> 00:18:33,214
Our genes kill our babies.
329
00:18:34,614 --> 00:18:37,720
That's why you got Gary
from the foster agency, right?
330
00:18:37,783 --> 00:18:40,320
Because your doctor said not
to have any more of your own?
331
00:18:41,821 --> 00:18:43,960
But the foster agency
took Gary away.
332
00:18:45,491 --> 00:18:49,803
There was something wrong with him.
Breathing problems, right?
333
00:18:50,563 --> 00:18:51,837
Same as your own children.
334
00:18:53,165 --> 00:18:55,873
Were you alone with Gary
when he got this problem?
335
00:18:59,405 --> 00:19:04,081
I did the best I could. I went
to the hospital with him.
336
00:19:04,143 --> 00:19:06,180
I saved his life.
337
00:19:06,946 --> 00:19:08,653
You did what any good mother
would do.
338
00:19:11,350 --> 00:19:14,524
I'm not a good mother.
Why do you say that?
339
00:19:17,256 --> 00:19:19,827
My babies cry all the time.
340
00:19:20,493 --> 00:19:23,030
Other people's babies
don't cry.
341
00:19:25,531 --> 00:19:27,909
What did you do
when your babies cried?
342
00:19:37,276 --> 00:19:39,017
I want to go to the bathroom.
343
00:19:45,451 --> 00:19:47,089
If you want,
we can take a break.
344
00:19:49,288 --> 00:19:50,665
Wanna take a break, Marty?
345
00:19:53,859 --> 00:19:54,963
Maybe you're right.
346
00:19:57,563 --> 00:19:59,304
Let's go over it one more time.
347
00:20:02,501 --> 00:20:04,981
Three babies died
because of bad genes.
348
00:20:07,073 --> 00:20:08,984
What about that foster baby?
349
00:20:10,343 --> 00:20:12,619
That's the one
I have a problem with.
350
00:20:12,678 --> 00:20:14,680
Don't you have a problem
with that, Marty?
351
00:20:16,482 --> 00:20:19,292
What the hell does that mean? Is
that a "yes" shrug or a "no" shrug?
352
00:20:21,520 --> 00:20:22,521
It's nothing.
353
00:20:26,325 --> 00:20:30,603
Don't snow me, Marty.
You're a very smart man.
354
00:20:31,897 --> 00:20:34,173
You know Eileen
was alone with Gary.
355
00:20:35,568 --> 00:20:38,845
You must have thought about it.
People have thoughts.
356
00:20:39,538 --> 00:20:41,108
I think about
winning the lottery.
357
00:20:41,173 --> 00:20:43,744
I think about
quitting my job. So what?
358
00:20:43,809 --> 00:20:45,516
It's just thinking.
359
00:20:45,578 --> 00:20:48,923
The way it works between us is
I'm gonna tell you what I think
360
00:20:49,348 --> 00:20:51,021
and you're gonna tell me
what you think.
361
00:20:51,083 --> 00:20:53,154
Everybody thinks Eileen
did something to them.
362
00:20:53,653 --> 00:20:56,031
But what do they know?
Nothing.
363
00:20:56,722 --> 00:21:01,831
All I'm asking you is
what you think.
364
00:21:03,696 --> 00:21:07,769
Isn't it possible
Eileen did something?
365
00:21:15,141 --> 00:21:16,381
It's possible.
366
00:21:19,578 --> 00:21:21,956
Nobody appreciates
what it's like.
367
00:21:23,182 --> 00:21:26,994
After you give birth,
they all come and visit you.
368
00:21:28,387 --> 00:21:30,196
They're all so proud of you.
369
00:21:31,223 --> 00:21:36,502
But after a while, they stop coming.
And Marty, he goes to work,
370
00:21:36,562 --> 00:21:40,772
and he comes home tired.
And I'm left with nothing.
371
00:21:45,938 --> 00:21:50,751
Eileen, I know you're a very
religious person.
372
00:21:51,877 --> 00:21:54,187
I saw the crucifix
you put on Emily,
373
00:21:54,246 --> 00:21:55,919
and you told me
you go to church.
374
00:21:55,981 --> 00:21:57,517
Yes. Every week.
375
00:21:58,651 --> 00:22:02,292
Don't you ever ask why
God keeps taking your babies?
376
00:22:03,355 --> 00:22:06,393
I don't blame God.
Why not?
377
00:22:07,159 --> 00:22:11,130
If something is wrong with your
children, it must be his fault, right?
378
00:22:12,932 --> 00:22:14,172
Then whose fault is it?
379
00:22:14,867 --> 00:22:17,905
Because people are gonna
blame God for what's happened.
380
00:22:25,911 --> 00:22:27,390
I didn't kill them.
381
00:22:28,614 --> 00:22:31,458
Can't you see
how this all hurts me?
382
00:22:32,618 --> 00:22:37,499
All of my babies die
and nobody understands me!
383
00:22:42,194 --> 00:22:44,868
As far as the wife goes, I don't
know what we're dealing with here.
384
00:22:45,064 --> 00:22:47,169
Maybe if you leaned a little
harder on the husband?
385
00:22:47,466 --> 00:22:50,640
Hey, it took four hours
just to get him to say
386
00:22:50,703 --> 00:22:52,341
he thinks
she might have done it.
387
00:22:52,404 --> 00:22:55,351
Claire, three suspicious
deaths, a cover-up,
388
00:22:55,407 --> 00:22:58,183
one child nearly
strangled to death.
389
00:22:58,244 --> 00:23:00,884
Child services could've pursued
that case, and they didn't.
390
00:23:01,013 --> 00:23:04,017
They weren't dealing
with a dead baby in a cooler.
391
00:23:04,083 --> 00:23:08,361
A child our own medical examiner
says was neither abused nor injured.
392
00:23:08,587 --> 00:23:10,396
She can't even tell us
how she died.
393
00:23:10,456 --> 00:23:12,766
You wanna let them walk,
it's up to you.
394
00:23:13,359 --> 00:23:15,703
They'll just hitch up the
U-Haul and hit the road,
395
00:23:15,761 --> 00:23:18,674
same as they did every time one of
their kids got a medical problem.
396
00:23:20,799 --> 00:23:24,372
Yeah. Let the next dead kid
be some other DA's headache.
397
00:23:27,873 --> 00:23:30,251
All right. I'll make it work.
398
00:23:39,351 --> 00:23:43,163
Eileen needs a diet soda. Then we'd like to go.
We've been in here all night.
399
00:23:43,222 --> 00:23:45,793
Eileen Willach, you're under arrest
for the murder of Emily Willach.
400
00:23:45,858 --> 00:23:47,701
Murder? This is ridiculous! You
have the right to remain...
401
00:23:47,760 --> 00:23:50,001
Martin Willach, you're under
arrest for hindering prosecution.
402
00:23:50,062 --> 00:23:53,134
You have the right to remain silent.
Anything you say can and will be used...
403
00:23:53,966 --> 00:23:56,412
The judge released the Willachs
on their own recognizance.
404
00:23:56,702 --> 00:24:00,149
He wasn't impressed that the ME hasn't
made a finding as to cause of death.
405
00:24:00,306 --> 00:24:02,912
Three dead babies.
Three autopsies.
406
00:24:02,975 --> 00:24:05,216
Are we the only ones
calling it murder?
407
00:24:05,277 --> 00:24:07,518
If it's any comfort,
the tabloids are on our side.
408
00:24:07,780 --> 00:24:10,954
So far, we have "Mother
Death," "Cradle Killer"...
409
00:24:11,016 --> 00:24:14,395
You plan on presenting anything more
than headlines to the grand jury?
410
00:24:14,453 --> 00:24:16,865
The prior deaths and the
incident with the foster kid
411
00:24:16,922 --> 00:24:18,026
show a pattern of behavior.
412
00:24:18,090 --> 00:24:19,398
Or a run of bad luck.
413
00:24:19,892 --> 00:24:21,462
I'm beginning
to agree with the judge.
414
00:24:22,094 --> 00:24:26,804
Without a definite medical finding,
this murder charge is premature.
415
00:24:26,966 --> 00:24:31,642
I've talked to the ME. The problem is
it's not that hard to imitate crib death.
416
00:24:31,704 --> 00:24:34,184
There has to be an expert in the
field who can sort this out.
417
00:24:34,840 --> 00:24:39,653
Find one, before we send the
Willachs a six-figure apology.
418
00:24:44,083 --> 00:24:47,553
Your medical examiner's right.
Smothering an infant,
419
00:24:47,853 --> 00:24:50,732
for example with a pillow,
can mimic crib death.
420
00:24:51,156 --> 00:24:54,797
The only way to spot the difference
is by looking for what isn't there.
421
00:24:54,993 --> 00:24:57,564
Crib deaths leave a telltale sign?
Correct.
422
00:24:58,130 --> 00:25:00,906
When an infant is smothered,
there's no hemorrhaging,
423
00:25:01,066 --> 00:25:03,137
no marks on the body.
424
00:25:03,836 --> 00:25:07,079
I looked at the autopsy reports
for their first two babies.
425
00:25:07,706 --> 00:25:09,811
No marks
were found on them either.
426
00:25:09,875 --> 00:25:13,687
The Willach's pediatrician blamed
those deaths on a hereditary disease.
427
00:25:13,912 --> 00:25:17,325
Since both parents are healthy,
the gene, if it exists,
428
00:25:17,383 --> 00:25:19,021
would be recessive.
429
00:25:19,084 --> 00:25:21,792
Chances of a child inheriting
it would be one in four.
430
00:25:21,854 --> 00:25:25,734
And the chances of all three
children in one family?
431
00:25:25,858 --> 00:25:29,772
Statistically insignificant.
My report will cover that.
432
00:25:29,995 --> 00:25:32,134
If you can include motive,
we'd appreciate it.
433
00:25:32,197 --> 00:25:35,406
I can tell you
how that baby died, not why.
434
00:25:35,801 --> 00:25:38,407
But I'll refer you
to someone who can.
435
00:25:39,405 --> 00:25:44,354
The more you complain, the more you
exaggerate your small tragedies,
436
00:25:45,010 --> 00:25:46,648
the more attention you get.
437
00:25:47,212 --> 00:25:49,021
The squeaky wheel
gets the grease.
438
00:25:50,249 --> 00:25:55,096
That's the general idea. We refer
to it as Munchausen syndrome,
439
00:25:55,154 --> 00:25:58,795
after a German baron who had
a way of extorting money
440
00:25:58,857 --> 00:26:01,929
from people by plucking their
sympathetic heartstrings.
441
00:26:02,494 --> 00:26:06,135
Women like Eileen Willach take
it to its most extreme level.
442
00:26:06,398 --> 00:26:08,275
By killing their own children?
443
00:26:08,334 --> 00:26:10,780
Can you think
of a more pitiful figure
444
00:26:10,836 --> 00:26:13,180
than a mother who's just
lost her infant baby?
445
00:26:13,238 --> 00:26:16,481
All that compassion and
concern pouring out to her?
446
00:26:16,575 --> 00:26:18,316
Eileen fits this profile?
447
00:26:18,377 --> 00:26:21,290
Well, as far as I can infer
from the reports you sent me.
448
00:26:21,347 --> 00:26:23,793
There are the constant visits
to the emergency room,
449
00:26:23,849 --> 00:26:27,422
the phantom illnesses,
the pleas for attention.
450
00:26:27,753 --> 00:26:29,596
"The worst things
happen to me."
451
00:26:29,655 --> 00:26:33,432
She's a sympathy junkie She needs
to play the grieving mother.
452
00:26:33,592 --> 00:26:36,766
And once the grieving is over? Oh,
the world goes back to normal,
453
00:26:36,829 --> 00:26:39,036
and everyone
forgets about poor Eileen
454
00:26:39,898 --> 00:26:41,571
until the next baby dies.
455
00:26:45,737 --> 00:26:47,978
I don't really understand
what this is saying.
456
00:26:49,408 --> 00:26:52,480
Our pediatrician
told us it runs in our family.
457
00:26:53,178 --> 00:26:54,782
Your doctor made a mistake.
458
00:26:56,315 --> 00:26:59,091
We had specialists check
the autopsy report.
459
00:26:59,151 --> 00:27:01,392
They all reached
the same conclusion.
460
00:27:01,487 --> 00:27:03,467
Emily was smothered
in her crib.
461
00:27:03,522 --> 00:27:05,092
Read your own report, McCoy.
462
00:27:05,257 --> 00:27:07,669
They said there was only
an 85% probability.
463
00:27:07,726 --> 00:27:09,672
Not when you consider
the previous deaths.
464
00:27:10,562 --> 00:27:13,372
Mr. Willach, we're prepared
to be lenient with you.
465
00:27:13,432 --> 00:27:15,469
But Eileen
would never hurt anyone.
466
00:27:15,534 --> 00:27:17,946
You told Detective Logan
it was possible.
467
00:27:18,003 --> 00:27:20,415
You're twisting my words.
I didn't say that at all.
468
00:27:20,472 --> 00:27:21,712
Come on, Marty.
We've heard enough.
469
00:27:21,774 --> 00:27:23,776
Ms. Brolin, is it obvious
to everyone but you
470
00:27:23,842 --> 00:27:25,412
that you've got
a conflict of interest here?
471
00:27:25,477 --> 00:27:28,686
Marty and Eileen want the
same thing, to be left alone,
472
00:27:28,747 --> 00:27:31,091
to get on with their lives.
If I were you, Mr. Willach,
473
00:27:31,150 --> 00:27:32,493
I'd find my own lawyer.
474
00:27:35,187 --> 00:27:40,466
No. Your doctors are wrong.
Eileen loved our babies.
475
00:27:44,596 --> 00:27:49,204
Always nice to find a fellow who says,
"Till death do us part," and means it.
476
00:27:50,402 --> 00:27:52,848
If those were my children,
I'd want that woman in prison.
477
00:27:53,072 --> 00:27:55,279
With a 15% chance
that she's innocent?
478
00:27:55,841 --> 00:27:57,980
I wouldn't tell that
to the next Mrs. McCoy.
479
00:28:00,379 --> 00:28:02,791
That leaves Dr. Webb
and the Munchausen syndrome.
480
00:28:03,015 --> 00:28:04,688
Munchausen shumpchausen.
481
00:28:05,150 --> 00:28:08,688
All the defense has to do is to
pack the courtroom with people
482
00:28:08,754 --> 00:28:12,861
who'll swear that Eileen
Willach was the ideal mother.
483
00:28:13,192 --> 00:28:15,763
JACK: There may be a few people who
won't show up on that witness list.
484
00:28:16,195 --> 00:28:20,371
Let's start with these two.
Howard and Theresa Tritch.
485
00:28:21,533 --> 00:28:23,308
Marty's sister
and brother-in-law.
486
00:28:24,403 --> 00:28:28,180
According to the baptism certificates,
they were the godparents
487
00:28:28,240 --> 00:28:29,583
for the first two Willach kids.
488
00:28:32,578 --> 00:28:35,024
I've been staying up nights
worrying about this.
489
00:28:35,480 --> 00:28:38,256
But if you didn't call, I probably
wouldn't have said anything to anybody.
490
00:28:39,551 --> 00:28:42,998
You think Eileen killed Emily?
She must have.
491
00:28:43,488 --> 00:28:45,195
I can't stand
thinking about this.
492
00:28:45,524 --> 00:28:49,631
On the phone, you said you suspected
Eileen since their second baby died.
493
00:28:49,962 --> 00:28:51,839
Yes. Caroline.
494
00:28:52,931 --> 00:28:54,933
I mean,
it was the way she acted.
495
00:28:55,200 --> 00:28:58,977
Like at the wake, she just
parked herself by the casket
496
00:28:59,037 --> 00:29:01,244
and sat there all night,
like a statue.
497
00:29:01,707 --> 00:29:04,654
The only time she cried was when people
stopped paying attention to her.
498
00:29:06,245 --> 00:29:08,452
Did you say anything
to your brother?
499
00:29:08,881 --> 00:29:11,293
He said Eileen would
straighten out.
500
00:29:11,350 --> 00:29:13,853
Look, Miss Kincaid,
he's a decent guy.
501
00:29:13,919 --> 00:29:16,832
He thought he would be a bachelor
his whole life until he met Eileen.
502
00:29:17,155 --> 00:29:19,931
I don't think he's even been away
from her for more than a day.
503
00:29:19,992 --> 00:29:22,905
And he's happy to keep fathering
children for Eileen to kill?
504
00:29:23,061 --> 00:29:27,032
No. After Caroline died, he
told me he wanted a vasectomy.
505
00:29:27,232 --> 00:29:30,805
He even saw a doctor about it.
Eileen talked him out of it?
506
00:29:31,870 --> 00:29:35,682
He found out that she called a
divorce lawyer and after that,
507
00:29:35,908 --> 00:29:38,013
I never heard anything
more about it.
508
00:29:39,511 --> 00:29:42,492
She just called her lawyer
to find out about adoptions.
509
00:29:42,915 --> 00:29:44,758
I don't know who told you
she wanted a divorce.
510
00:29:45,617 --> 00:29:48,894
And then, coincidentally, you
decided against a vasectomy?
511
00:29:50,322 --> 00:29:54,600
Look, you're wasting your time
talking to me.
512
00:29:54,660 --> 00:29:57,197
I've told you everything I know.
Mr. Willach,
513
00:29:59,431 --> 00:30:04,938
if we could talk to Daniel or
Caroline or Emily, we would.
514
00:30:07,940 --> 00:30:10,352
You're the only person alive who
knows what happened to them,
515
00:30:10,409 --> 00:30:11,513
aside from your wife.
516
00:30:15,714 --> 00:30:18,058
They just died.
No.
517
00:30:19,618 --> 00:30:20,926
They didn't just die.
518
00:30:23,488 --> 00:30:26,025
Your wife held a pillow
over their faces. No.
519
00:30:26,992 --> 00:30:30,132
And because you're afraid of
her, their deaths go unpunished.
520
00:30:30,195 --> 00:30:33,802
I am not afraid of my wife. She's
important to me. I love her.
521
00:30:33,865 --> 00:30:36,277
And not them?
You didn't hold them,
522
00:30:36,468 --> 00:30:39,312
you didn't watch them sleep,
you didn't love them?
523
00:30:41,373 --> 00:30:42,477
Please, put them away.
524
00:30:42,908 --> 00:30:47,254
No, look at them, Mr. Willach.
Three beautiful babies.
525
00:30:49,815 --> 00:30:51,021
When is it gonna stop?
526
00:30:51,149 --> 00:30:54,062
She's got nobody else. You
don't understand about Eileen.
527
00:30:54,453 --> 00:30:59,402
She's always felt lonely. She told me how
her parents never gave her any love.
528
00:30:59,891 --> 00:31:01,768
These babies
were important to her.
529
00:31:02,494 --> 00:31:05,475
She'd dress them up.
She'd show them off.
530
00:31:06,698 --> 00:31:08,234
She got so much love from them.
531
00:31:14,973 --> 00:31:16,782
Eileen can't be alone.
She needs me.
532
00:31:18,143 --> 00:31:22,683
I'll be there for her,
Mr. McCoy, no matter what.
533
00:31:32,391 --> 00:31:34,496
You're more convinced
than ever that she's guilty,
534
00:31:35,027 --> 00:31:38,236
and you're no closer to proving it.
I don't call that progress.
535
00:31:38,497 --> 00:31:40,909
Maybe we don't have to prove
who smothered the baby.
536
00:31:40,966 --> 00:31:43,503
Maybe it's enough that they were both
in the apartment when it happened.
537
00:31:44,770 --> 00:31:46,249
We charge them both
with murder?
538
00:31:46,304 --> 00:31:47,908
There's enough guilt
to go around.
539
00:31:48,440 --> 00:31:51,751
Willach stood by and did nothing
while his wife murdered their baby.
540
00:31:51,810 --> 00:31:52,914
The Joel Steinberg case.
541
00:31:52,978 --> 00:31:56,221
Parents have an affirmative duty to
act to save their children's lives.
542
00:31:56,281 --> 00:31:58,056
That's assuming
that the parent knows
543
00:31:58,116 --> 00:31:59,390
that the kid's in danger.
544
00:31:59,718 --> 00:32:02,198
You're not gonna charge Willach
for keeping his eyes closed.
545
00:32:02,254 --> 00:32:03,858
He knew what happened
to the first children.
546
00:32:03,922 --> 00:32:05,629
He knew what happened
to the foster kid.
547
00:32:06,425 --> 00:32:09,372
A jury would have to conclude that he knew
the same thing would happen to Emily.
548
00:32:09,428 --> 00:32:10,930
They'll conclude no such thing.
549
00:32:12,164 --> 00:32:16,738
No judge in his right mind will allow a
jury to hear about these prior acts.
550
00:32:16,802 --> 00:32:19,146
Adam, I'm trying to stop
a serial killer.
551
00:32:19,805 --> 00:32:22,081
But if you think I'm wasting the
resources of this office...
552
00:32:22,140 --> 00:32:25,986
If you believe that you have a
serial killer, go to trial.
553
00:32:27,446 --> 00:32:29,858
But don't expect it to be a
walk in the summer rain.
554
00:32:34,319 --> 00:32:37,232
The child would be
on its back, in its crib.
555
00:32:37,789 --> 00:32:41,396
The pillow was pressed
over its face, like this.
556
00:32:41,960 --> 00:32:44,907
JACK: For how long?
Minimum 20, 30 seconds.
557
00:32:45,363 --> 00:32:47,969
How much effort to smother
a three-month-old baby?
558
00:32:48,400 --> 00:32:51,938
Almost none. The weight of the
pillow does most of the work.
559
00:32:52,971 --> 00:32:54,245
One last question, Doctor.
560
00:32:54,606 --> 00:32:57,553
When a baby is dying of crib
death, does it make any noise?
561
00:32:57,909 --> 00:32:58,910
Normally, yes.
562
00:32:59,478 --> 00:33:01,958
As the child struggles
for breath it moves about.
563
00:33:03,215 --> 00:33:06,287
It's usually found dead pressed
against the side of the crib.
564
00:33:06,518 --> 00:33:07,519
Thank you, Doctor.
565
00:33:11,456 --> 00:33:16,769
Dr. Slavin, can there exist in a
child a genetic predisposition
566
00:33:16,828 --> 00:33:18,102
for a form of crib death?
567
00:33:18,497 --> 00:33:21,205
I suppose it's possible
if we're talking about
568
00:33:21,266 --> 00:33:23,405
a single individual member
of a family.
569
00:33:23,468 --> 00:33:25,641
We are talking only
about Emily Willach.
570
00:33:26,471 --> 00:33:29,111
Did you examine her remains
for this possibility?
571
00:33:29,174 --> 00:33:31,518
No, I didn't.
Thank you.
572
00:33:33,011 --> 00:33:36,390
After Eileen gave her a bottle,
we went back to sleep.
573
00:33:37,916 --> 00:33:41,728
Then I got up to go to the bathroom.
I don't know what time.
574
00:33:42,254 --> 00:33:44,495
I was gone maybe five minutes.
575
00:33:44,723 --> 00:33:46,794
Did you happen to see
if Emily was all right?
576
00:33:46,958 --> 00:33:49,268
No. Her crib's
on the other side of the bed.
577
00:33:50,562 --> 00:33:55,136
But she wasn't crying or anything like that.
I thought everything was fine.
578
00:33:55,433 --> 00:33:58,277
I went back to bed.
And then what happened?
579
00:33:59,037 --> 00:34:01,244
Eileen got up
to get a glass of water.
580
00:34:01,806 --> 00:34:06,118
Next thing,
we woke up about 5:00.
581
00:34:08,246 --> 00:34:10,749
That's when we realized
Emily was dead.
582
00:34:12,784 --> 00:34:16,288
And what did you do?
There was nothing we could do.
583
00:34:18,056 --> 00:34:22,061
I decided we should just bury her and
pretend that somebody stole her.
584
00:34:23,161 --> 00:34:25,334
I was just trying to spare
my wife's feelings.
585
00:34:25,764 --> 00:34:26,765
Thank you.
586
00:34:30,001 --> 00:34:34,541
Just so the jury understands how
you disposed of Emily's body,
587
00:34:37,409 --> 00:34:42,051
you put her in this $20
cooler, correct? Yes.
588
00:34:42,113 --> 00:34:44,150
And then,
while it was still dark out,
589
00:34:44,683 --> 00:34:46,720
you dug a hole in the ground
590
00:34:46,785 --> 00:34:49,265
and dropped her in,
like a bag of garbage.
591
00:34:49,321 --> 00:34:51,460
Is that correct? It wasn't like that.
She wasn't garbage.
592
00:34:51,523 --> 00:34:55,300
And you did this brutal thing just
to spare your wife's feelings?
593
00:35:02,634 --> 00:35:04,545
What about you, Mr. Willach?
594
00:35:05,804 --> 00:35:08,910
While you were tossing dirt over your
daughter, what were you feeling?
595
00:35:10,675 --> 00:35:11,676
I don't know.
596
00:35:13,478 --> 00:35:15,651
I was trying hard
not to think about it.
597
00:35:25,223 --> 00:35:28,261
One last question, Mr. Willach.
Are you a light sleeper?
598
00:35:28,760 --> 00:35:30,000
No, I wouldn't say that.
599
00:35:30,996 --> 00:35:33,909
Well, you woke up when your wife
got up to give the baby a bottle,
600
00:35:33,965 --> 00:35:35,706
isn't that correct?
Yes.
601
00:35:35,800 --> 00:35:38,280
And you woke up
when she got a glass of water?
602
00:35:38,570 --> 00:35:43,417
In fact, it seems you woke up every
time your wife moved, is that correct?
603
00:35:43,541 --> 00:35:46,078
Sure, okay, I guess
maybe I'm a light sleeper.
604
00:35:51,349 --> 00:35:56,992
Then why is it, sir,
that you didn't wake up
605
00:35:58,223 --> 00:36:02,569
when your daughter was struggling for
breath not three feet away from you?
606
00:36:07,132 --> 00:36:08,133
I...
607
00:36:12,137 --> 00:36:13,411
I can't explain it.
608
00:36:15,207 --> 00:36:20,179
EILEEN: I got a glass of water from the fridge.
I was gone for maybe 10 minutes.
609
00:36:20,912 --> 00:36:22,391
Then I went back to sleep.
610
00:36:23,715 --> 00:36:28,789
When we woke up, Emily was dead.
I was out of my mind.
611
00:36:29,354 --> 00:36:32,892
My baby was dead.
We weren't thinking.
612
00:36:33,458 --> 00:36:34,903
We were so upset.
613
00:36:35,460 --> 00:36:37,531
Emily was our precious baby.
614
00:36:38,229 --> 00:36:41,938
I was a good mother.
I really was. I tried.
615
00:36:42,434 --> 00:36:44,971
Maybe if I'd gotten up
earlier, or if I...
616
00:36:46,605 --> 00:36:49,484
I just didn't
have the experience.
617
00:36:49,674 --> 00:36:52,416
I just didn't
know enough about babies.
618
00:36:52,477 --> 00:36:53,547
Thank you.
619
00:36:59,718 --> 00:37:02,028
How much experience
have you had as a mother?
620
00:37:05,056 --> 00:37:07,036
Emily was three months old.
621
00:37:07,125 --> 00:37:09,435
Was she your first child?
Objection.
622
00:37:13,064 --> 00:37:14,771
She put out the welcome mat,
Your Honor.
623
00:37:14,833 --> 00:37:18,076
I'm entitled to challenge her
statement about limited experience.
624
00:37:18,136 --> 00:37:22,141
I remind you, you're proscribed
from bringing up prior acts.
625
00:37:22,207 --> 00:37:25,051
You so much as brush up
against the line, Mr. McCoy,
626
00:37:25,510 --> 00:37:27,012
and I'm gonna yank the leash.
627
00:37:27,746 --> 00:37:29,521
The objection's overruled.
628
00:37:31,416 --> 00:37:36,422
Well, Mrs. Willach,
was Emily your first child?
629
00:37:40,692 --> 00:37:43,138
No. She wasn't.
630
00:37:43,928 --> 00:37:45,737
How many other children
have you had?
631
00:37:49,768 --> 00:37:53,409
Two others.
Daniel and Caroline.
632
00:37:54,439 --> 00:37:57,545
Sounds as if you've had quite a lot
of experience raising children.
633
00:37:59,444 --> 00:38:03,221
Tell us, are Daniel and
Caroline living with you now?
634
00:38:03,281 --> 00:38:06,057
Objection. Your Honor,
I move for a mistrial.
635
00:38:06,117 --> 00:38:08,597
Your objection's sustained.
Your motion's denied.
636
00:38:08,653 --> 00:38:11,156
Mr. McCoy, find another line
of questioning.
637
00:38:11,222 --> 00:38:13,031
I have no other questions,
Your Honor.
638
00:38:19,297 --> 00:38:24,440
A child dies mysteriously in its crib.
No cuts, no bruises,
639
00:38:24,502 --> 00:38:26,209
no signs of abuse.
640
00:38:27,238 --> 00:38:29,445
The District Attorney says
Emily was murdered.
641
00:38:30,141 --> 00:38:33,054
He says Eileen and Marty Willach were
alone with her when it happened.
642
00:38:33,912 --> 00:38:37,189
We say there was somebody
else in that apartment.
643
00:38:38,149 --> 00:38:41,596
God, fate, nature.
Call it what you will.
644
00:38:42,787 --> 00:38:45,563
In our attempts to understand
what happened to Emily,
645
00:38:46,391 --> 00:38:47,870
we can only look to God,
646
00:38:49,060 --> 00:38:52,132
not to the parents
who loved and cherished her.
647
00:38:55,166 --> 00:38:58,306
The requirement
for criminal liability
648
00:38:59,037 --> 00:39:01,881
includes the omission
to perform an act
649
00:39:02,407 --> 00:39:05,911
where a duty of performance
is imposed by law.
650
00:39:08,346 --> 00:39:10,724
Sounds complicated,
but it's really very simple.
651
00:39:13,017 --> 00:39:17,193
Emily Willach was suffocated with a pillow.
Did her mother hold the pillow
652
00:39:17,255 --> 00:39:19,963
or did her father?
It doesn't really matter,
653
00:39:20,925 --> 00:39:24,429
because the one who watched, who
didn't rip the pillow away,
654
00:39:25,263 --> 00:39:30,235
who didn't fight tooth and nail for
Emily's life, is equally guilty.
655
00:39:37,442 --> 00:39:39,012
Nine votes to convict.
656
00:39:40,245 --> 00:39:43,522
And three who didn't agree that there
was enough guilt to go around.
657
00:39:43,748 --> 00:39:45,318
Nine jurors were convinced.
658
00:39:46,284 --> 00:39:48,321
Next time we'll work harder
on the other three.
659
00:39:48,386 --> 00:39:51,196
How often do you want
to come back to square one?
660
00:39:51,322 --> 00:39:52,995
You don't think
we should re-try them?
661
00:39:53,058 --> 00:39:55,971
Not until you can
point at Eileen Willach
662
00:39:56,027 --> 00:39:58,098
and say,
"There's your murderer."
663
00:39:59,197 --> 00:40:00,972
Call Brolin.
See what you can work out.
664
00:40:01,065 --> 00:40:03,306
All right. I didn't want
it to come to this.
665
00:40:07,906 --> 00:40:09,852
I'll agree to a plea
on one condition.
666
00:40:10,775 --> 00:40:12,777
That she agrees
to a tubal ligation.
667
00:40:13,845 --> 00:40:16,382
You're riding your motorcycle
without a helmet.
668
00:40:16,447 --> 00:40:17,949
You want to have
her sterilized?
669
00:40:18,249 --> 00:40:21,822
Well, I heard it was a popular
procedure in Germany 50 years ago.
670
00:40:22,120 --> 00:40:23,224
Now, hold on.
671
00:40:25,190 --> 00:40:28,728
I'm not goose-stepping anybody into
the operating room, first of all.
672
00:40:29,494 --> 00:40:32,373
Second, as long
as she can have babies,
673
00:40:32,530 --> 00:40:34,908
this woman's killing spree
is going to continue.
674
00:40:34,966 --> 00:40:36,809
If your crystal ball
is that good,
675
00:40:36,868 --> 00:40:39,109
I'll tell the Mayor we don't
need the police anymore.
676
00:40:39,170 --> 00:40:42,743
How many more deaths do you need before
you can predict a pattern of behavior?
677
00:40:42,807 --> 00:40:44,582
Five? 10?
What's the magic number?
678
00:40:44,676 --> 00:40:47,486
Try 1942. Skinner v. Oklahoma.
679
00:40:47,545 --> 00:40:51,425
The Supreme Court recognized
procreation as a basic right.
680
00:40:51,482 --> 00:40:55,328
They also thought that segregation
was an idea worth protecting.
681
00:40:55,687 --> 00:40:57,792
Times change,
perceptions change.
682
00:40:58,189 --> 00:41:01,466
Claire, if this was a rapist and
the issue was chemical castration,
683
00:41:01,526 --> 00:41:03,904
we wouldn't even be having this argument.
Yes, we would.
684
00:41:03,962 --> 00:41:07,375
Jack, once you open the door to state
interference in a person's body,
685
00:41:07,432 --> 00:41:11,175
everyone from anti-abortionists to
advocates of sterilizing the retarded
686
00:41:11,236 --> 00:41:13,307
will come marching through.
Don't kid yourself.
687
00:41:13,371 --> 00:41:15,442
The state already interferes
with your body.
688
00:41:15,506 --> 00:41:17,747
You can't legally inject
heroin into your veins.
689
00:41:17,809 --> 00:41:19,652
You can't legally
commit suicide.
690
00:41:19,711 --> 00:41:24,091
And the state has the right to put your
body in a uniform and send you off to war.
691
00:41:24,248 --> 00:41:27,889
Twelve states already have
compulsory sterilization laws.
692
00:41:28,019 --> 00:41:31,489
I'm not breaking any new ground here.
It's morally repugnant.
693
00:41:31,556 --> 00:41:34,162
It's a medical procedure.
It's morally neutral.
694
00:41:35,493 --> 00:41:38,565
If it's used to wipe out
a race of people, it's evil.
695
00:41:38,930 --> 00:41:42,969
If it prevents a killer from
creating new victims for herself,
696
00:41:43,101 --> 00:41:44,671
it serves a moral good.
697
00:41:48,272 --> 00:41:50,047
I know
it's not the popular thing,
698
00:41:52,877 --> 00:41:54,857
but it may be the only thing
that'll stop her.
699
00:41:56,848 --> 00:41:59,852
Well, it's been tried before,
unsuccessfully.
700
00:42:00,685 --> 00:42:03,666
And I don't think you're gonna
find a judge in a million years
701
00:42:04,389 --> 00:42:05,527
that'll go along with you.
702
00:42:11,296 --> 00:42:12,832
We're amenable
to a plea bargain,
703
00:42:12,897 --> 00:42:15,571
but Mr. McCoy has put
an incredible stipulation.
704
00:42:16,067 --> 00:42:19,173
That's stating it mildly. He
refuses to discuss alternatives.
705
00:42:19,537 --> 00:42:21,107
We want him removed
from the case.
706
00:42:21,172 --> 00:42:24,745
Your Honor, we can present expert
testimony that Mrs. Willach suffers
707
00:42:24,809 --> 00:42:27,722
from a syndrome that compels
her to murder her children.
708
00:42:27,912 --> 00:42:31,416
These "experts" haven't
even examined my client.
709
00:42:31,983 --> 00:42:34,987
We have an affidavit from Mrs. Willach's
doctor that this procedure
710
00:42:35,053 --> 00:42:39,627
is invasive and in most cases irreversible.
That's fact, not theory.
711
00:42:40,258 --> 00:42:42,295
You can't let him
do this to me, Your Honor.
712
00:42:42,794 --> 00:42:46,264
Mr. McCoy, I'm stunned that you
would believe for a second
713
00:42:46,331 --> 00:42:48,504
that this is a precedent
I would want to set.
714
00:42:48,566 --> 00:42:50,978
Well, I can't accept
a plea bargain without it.
715
00:42:51,569 --> 00:42:55,176
I've weighed her rights against
the rights of her next dead baby.
716
00:42:55,807 --> 00:42:58,515
If I were you, I'd take
another look at your scales.
717
00:42:58,976 --> 00:43:01,684
We don't punish people for crimes
they haven't committed yet.
718
00:43:02,480 --> 00:43:05,950
Either you accept the plea
without the stipulation,
719
00:43:07,385 --> 00:43:09,888
or I'm going to grant
the motion to remove you.
720
00:43:10,288 --> 00:43:11,995
Then that's what you'll
have to do, Your Honor.
721
00:43:16,127 --> 00:43:17,333
Well, what did you expect?
722
00:43:17,862 --> 00:43:20,399
Judge Leon wasn't ready
to take on the Supreme Court.
723
00:43:22,333 --> 00:43:24,677
I'm not trying to fix
the world, Claire.
724
00:43:25,737 --> 00:43:29,583
Brolin's brief.
Worth a second look.
725
00:43:30,708 --> 00:43:32,619
The doctor
who signed the affidavit
726
00:43:33,277 --> 00:43:35,883
says Eileen's been his patient
for the last six weeks.
727
00:43:36,814 --> 00:43:40,421
So?
He's an obstetrician.
728
00:43:44,188 --> 00:43:47,067
Adam Schiff has been slow to
assign a new ADA to the case.
729
00:43:47,925 --> 00:43:50,462
I hope it's because you've had
an attack of common sense.
730
00:43:50,528 --> 00:43:52,371
You won't find anybody
in this building
731
00:43:52,430 --> 00:43:54,706
willing to discuss
a plea bargain with you.
732
00:43:56,801 --> 00:43:58,508
We talked to your doctor,
Mrs. Willach.
733
00:43:58,569 --> 00:44:00,344
He says you're two-and-a-half
months pregnant.
734
00:44:02,874 --> 00:44:06,822
Eileen, how could you... You
didn't know, did you, Mr. Willach?
735
00:44:08,012 --> 00:44:11,516
Oh, Marty,
I was gonna tell you.
736
00:44:12,150 --> 00:44:15,427
This doesn't change anything.
I think it does.
737
00:44:17,388 --> 00:44:18,765
Am I right, Mr. Willach?
738
00:44:20,158 --> 00:44:23,139
In a year, will you be helping
this child take its first steps,
739
00:44:23,628 --> 00:44:24,834
or will you be McCoy.
740
00:44:24,896 --> 00:44:26,466
Standing over another grave?
741
00:44:29,967 --> 00:44:31,913
It's your decision this time,
Mr. Willach.
742
00:44:35,173 --> 00:44:38,120
Marty, don't do this to me.
743
00:44:47,819 --> 00:44:49,059
I want her to get help.
744
00:44:51,622 --> 00:44:52,896
It depends on you.
745
00:44:55,093 --> 00:44:58,199
Marty, I strongly urge you
not to say another word.
746
00:45:01,766 --> 00:45:04,269
Eileen was standing
beside Emily's crib.
747
00:45:05,670 --> 00:45:08,446
She was holding a little pillow
we used in the stroller.
748
00:45:12,577 --> 00:45:13,851
She looked at me.
749
00:45:20,151 --> 00:45:21,152
I knew.
750
00:45:23,754 --> 00:45:26,291
After Caroline, I thought
things would be different.
751
00:45:38,569 --> 00:45:39,980
You're a good person.
752
00:45:41,839 --> 00:45:43,648
I just don't know
why you do this.
753
00:45:46,711 --> 00:45:49,749
I want you to go somewhere
where you can get help.
754
00:45:52,950 --> 00:45:57,695
Jack, man one, with a
sentence recommendation.
755
00:46:13,037 --> 00:46:15,643
She tried to delay her sentence
until after she gave birth.
756
00:46:15,940 --> 00:46:17,886
She didn't want her baby
being born in prison.
757
00:46:18,409 --> 00:46:20,446
Probably the safest place
for the child.
758
00:46:20,912 --> 00:46:25,657
By the time Mom gets out of Bedford, the
kid should be able to defend itself.
759
00:46:25,707 --> 00:46:30,257
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