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NARRATOR:
In the criminal justice system
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00:00:08,842 --> 00:00:12,756
the people are represented by two
separate yet equally important groups,
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00:00:12,813 --> 00:00:14,588
the police
who investigate crime
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00:00:14,648 --> 00:00:17,492
and the district attorneys
who prosecute the offenders.
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These are their stories.
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You the cable man?
All day.
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Thank goodness.
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Mrs. Lerner was home all weekend
with Mr. Lerner and no food channel.
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Yeah, well, she's not home now.
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She probably
didn't hear the bell.
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How many times did you ring?
Enough.
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That's what I like,
a man anxious to do his job.
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That's me. Mr. Anxious.
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Good day,
Mrs. Lerner. Coming up.
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Hello.
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Mrs. Lerner.
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The cable man's here.
Mrs. Lerner?
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(SCREAMS)
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Vics are Eileen and David Lerner.
Maid found them.
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You got a point of entry?
Broken window in the kitchen.
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We got a blood trail from the
bedroom, takes him out the same way.
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It's nice and tidy.
Anything missing?
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We're still doing
an inventory with the maid.
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These people lived here alone?
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Maid said
they moved in last year.
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They got a daughter that lives uptown.
She's on her way.
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Thanks.
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Nice color scheme. Didn't
eat breakfast, did you?
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Couple of dozen stab wounds
each and still counting.
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Judging by the blood glutting
around the male vic's head,
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I'd say they've been dead
at least 24 hours.
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Still tucked in.
Didn't know what hit her.
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Yeah, well, he's not so lucky.
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Stab wounds, both hands,
through and through.
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So the wife's attacked first. He
wakes up, tries to fight the guy...
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"David and Eileen.
Twenty-five years of joy."
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Till death did them part.
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Twenty-five years and they're
still sleeping in the same bed.
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Then some animal comes along
and does this.
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You find the murder weapon?
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Searched the house, the yard, the alley
and two blocks four ways. Nothing.
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Looks like a 10-inch,
single-edge knife did it.
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Weapon of choice
at Thanksgiving.
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The set in the kitchen
was missing a carving knife.
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So he entered
the house unarmed?
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He didn't know the Lerners
were gonna be home.
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Once he got inside
he heard a noise upstairs
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and decided
to do something about it.
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Did he help himself
to anything else? No.
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Jewelry, cash, silver settings.
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They're all present
and accounted for.
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I'm not getting a read
on this one.
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If he's there to kill them,
why enter the house unarmed?
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If it's burglary,
why leave empty-handed?
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00:03:22,202 --> 00:03:26,082
Well, maybe butchering the Lerners
tired him out, or he was in a hurry.
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00:03:26,339 --> 00:03:28,376
Well, he had time
to freshen up.
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According to Forensics,
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they found blood mixed with
water in the kitchen sink.
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Any hits on prints?
BRISCOE: No, nothing.
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Besides the Lerners and their
maid, we got 38 unknowns.
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Thirty-eight? They must've
been a popular couple.
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Yeah, with carpenters,
painters and plumbers.
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They were fixing up the house.
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But here's the real deal,
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partial right thumb-print on the
headboard in Mrs. Lerner's blood.
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It matches the prints
found near the broken window.
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So we get prints from the
workers and the maid's family,
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and see if any of them
match up.
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00:04:00,974 --> 00:04:04,854
And check back with Forensics, maybe
this guy's MO will tell the story.
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MARKS: Lady went first.
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The angle of the wounds suggests
he was on the bed, straddling her.
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He hit all the major landmarks,
stomach, kidneys, liver, heart.
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That's about
as deliberate as it gets.
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00:04:16,723 --> 00:04:19,169
And how. This one goes
off the gruesome meter.
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See this blood-spatter pattern
above the headboard?
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That's the cast off of a knife
moving hard and fast.
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Thirty five at bats, and he
never missed his target.
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Great, we'll make him the MVP.
He earned it.
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00:04:31,071 --> 00:04:34,746
Struggling in the dark with his
victims, and he never hits the bed?
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00:04:34,975 --> 00:04:36,682
Guy knew what he wanted.
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I'm getting married
next summer.
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I can't believe
they won't be there.
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LOGAN: You have any idea who'd
want to hurt your parents?
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I can't imagine anyone would.
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Everyone who ever met them
loved them.
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Well, we all want to think that about our
parents, but it's not always realistic.
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I was born and raised in this city.
I know what people are like.
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My parents were different.
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BRISCOE: Even the nicest
people can make enemies.
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We have to ask this,
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did your parents ever gamble or
have any financial problems?
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Does it look like they did?
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00:05:11,945 --> 00:05:15,256
Sometimes these fixer-uppers can
drain a bank book pretty fast.
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00:05:15,315 --> 00:05:17,090
They could've borrowed money
from the wrong people.
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00:05:17,150 --> 00:05:19,994
No, they bought this house
because it needed work.
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It was their dream house.
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Since the day they moved in here
last year, they spent every minute
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restoring every piece of tile,
every doorknob.
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Sounds like a full-time job.
Were they retired?
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They own...
Owned a small ad agency.
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Pharmaceutical advertising.
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We've had no bomb threats, no
letters, not even a phone call.
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Who the hell gets worked
up over cold medicines?
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Didn't some drug company
get in trouble
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because they had the wrong
number of stars in their logo?
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00:05:50,817 --> 00:05:54,629
Some religious fanatics
spread rumors about Satanism.
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00:05:54,721 --> 00:05:58,032
But that was years ago, and that
company is not one of our accounts.
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00:05:58,091 --> 00:06:00,594
Well, how about
a disgruntled employee?
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Anybody complain
about their Christmas bonus?
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00:06:02,963 --> 00:06:06,536
Eileen and David treated
their employees very well.
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00:06:06,600 --> 00:06:09,274
Sounds like Santa's workshop.
They never had to fire anybody?
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00:06:09,336 --> 00:06:12,977
Since this agency opened, only two
people have left against their will.
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One died and the other
was deported by the INS.
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00:06:16,109 --> 00:06:18,919
And Eileen went to Washington
to stop that.
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00:06:19,346 --> 00:06:22,623
Well, no disrespect, but they sound
a little too good to be true.
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00:06:22,682 --> 00:06:25,390
I can think of only one person
who might agree.
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Bob Frankel.
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Finally.
What did they do to Bob?
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He was partners with Eileen and
David before they broke away.
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They took Symtac, the primary
account, and started this agency.
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Well, that must've hurt.
Did Frankel take it in stride?
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I doubt it. He went bankrupt.
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00:06:43,036 --> 00:06:47,109
Oh, yeah. I have fond memories
of those days, Detectives.
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00:06:47,941 --> 00:06:49,716
Eileen and David
left me in ruins.
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00:06:49,776 --> 00:06:52,586
I'm just now crawling out
from under chapter seven.
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00:06:52,646 --> 00:06:55,024
Yeah, you could say I would
have liked to have killed them.
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00:06:55,081 --> 00:06:57,459
BRISCOE: If you're trying to clear
yourself in a murder investigation,
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you're not going about it
the right way.
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I don't mind telling you how I
feel because I didn't kill them.
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00:07:02,923 --> 00:07:04,925
Look, what they did to me
was the best thing
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00:07:04,991 --> 00:07:06,061
that could've happened to me.
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00:07:06,126 --> 00:07:09,630
It made me realize how much I
really hated the advertising game.
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00:07:09,696 --> 00:07:11,937
Whatever anger I felt,
I turned it into this.
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00:07:11,998 --> 00:07:14,410
Yeah, well, some people never
learn to forgive and forget.
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00:07:14,467 --> 00:07:18,745
So, just for the hell of it, where were
you last Saturday night at 1:00 a.m.?
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00:07:18,838 --> 00:07:19,908
Kenya.
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00:07:19,973 --> 00:07:23,182
I'm developing a private blend
for my Gen X crowd.
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00:07:23,643 --> 00:07:25,589
And I call it Java Jive.
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00:07:28,648 --> 00:07:30,184
Latent ran
that bloody thumb-print
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00:07:30,250 --> 00:07:33,254
against everyone known to have been
in that house in the past year.
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They got nothing.
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You run it against
the short list of enemies?
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00:07:36,423 --> 00:07:39,063
The Lerners don't have enemies.
These people were saints.
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00:07:39,125 --> 00:07:41,469
The only guy they ever screwed
thinks they did him a favor.
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00:07:41,528 --> 00:07:43,906
You're saying someone picked
their name out of the phone book
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00:07:43,964 --> 00:07:45,068
and dropped in on them?
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00:07:45,131 --> 00:07:49,238
It happens. Some nut-job forgets to
wear his aluminum-foil hat one morning.
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00:07:49,302 --> 00:07:51,304
All of a sudden, voices in
his head start telling him
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00:07:51,371 --> 00:07:53,647
to go ring doorbells
and stab people.
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00:07:53,707 --> 00:07:55,948
Well, I don't like
unsolved mysteries,
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00:07:56,009 --> 00:07:58,080
so before we hand it over
to Robert Stack...
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00:07:58,144 --> 00:08:00,954
We know. We know. Yeah, walk
through it one more time.
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00:08:03,917 --> 00:08:07,126
All right. Forensics says
our guy was standing over her,
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00:08:07,187 --> 00:08:09,633
and that she went first.
They're asleep.
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00:08:10,256 --> 00:08:13,396
Does she see him? Does she scream?
She was still tucked in.
156
00:08:13,460 --> 00:08:18,034
So our guy leans over, and he leaves a
right thumb-print on the headboard.
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00:08:18,098 --> 00:08:19,577
That probably makes him
a lefty.
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00:08:19,632 --> 00:08:22,203
Husband wakes up. They fight.
The husband loses.
159
00:08:22,268 --> 00:08:24,043
Okay, they're both dead.
160
00:08:24,838 --> 00:08:26,749
Okay, so now what does he do?
161
00:08:27,040 --> 00:08:30,510
He doesn't steal anything. He
goes downstairs and washes up.
162
00:08:34,414 --> 00:08:37,293
I'm sorry, am I in the way here?
No, no, not at all.
163
00:08:37,350 --> 00:08:38,590
This isn't gonna take
very long,
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00:08:38,651 --> 00:08:40,426
but maybe you'd rather not
have to listen to this.
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00:08:40,487 --> 00:08:41,591
It's okay.
166
00:08:42,155 --> 00:08:46,228
All right. So,
he walks into the kitchen,
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00:08:50,697 --> 00:08:52,438
he cleans up at the sink,
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00:08:54,734 --> 00:08:56,475
and then he goes out
the way he came in.
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00:08:56,536 --> 00:09:00,416
Why climb back out the window when
he could just walk through the door?
170
00:09:01,875 --> 00:09:03,445
Key-locked deadbolt,
that's why.
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00:09:03,510 --> 00:09:06,116
And latents didn't find
his prints on the doorknob.
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00:09:06,179 --> 00:09:08,125
He didn't even try to open it.
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00:09:09,115 --> 00:09:11,186
(BIRDS CHIRPING)
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00:09:11,818 --> 00:09:14,958
And there's no prints on this
side of the door, either.
175
00:09:15,622 --> 00:09:18,034
He gets into the garden
from over there.
176
00:09:18,191 --> 00:09:21,297
So why does he pass that door,
come over here,
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00:09:21,695 --> 00:09:24,608
climb over all this crap
to get into the window?
178
00:09:25,131 --> 00:09:28,010
Maybe he's psychic and he
knew the door was locked.
179
00:09:28,735 --> 00:09:30,715
Manhattan Security Services.
180
00:09:31,738 --> 00:09:33,945
These holes in the masonry,
Ms. Lerner,
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00:09:34,007 --> 00:09:36,317
was there a different kind of door
here when your parents moved in?
182
00:09:36,376 --> 00:09:37,548
It was a security door.
183
00:09:37,610 --> 00:09:40,648
My parents removed it when
they remodeled the kitchen.
184
00:09:40,914 --> 00:09:43,019
They wanted a view
of the garden.
185
00:09:43,850 --> 00:09:47,024
When my parents bought this
house, it looked like Fort Knox.
186
00:09:47,087 --> 00:09:50,159
So does half of New York.
Who used to live here?
187
00:09:50,223 --> 00:09:53,136
Warren Bartlett. The divorce lawyer.
You may have heard of him.
188
00:09:53,193 --> 00:09:55,730
Yeah. You can't open Page Six
without reading about him.
189
00:09:55,795 --> 00:09:58,366
That's the guy
who destroyed a lot of lives.
190
00:09:59,999 --> 00:10:04,675
Oh, my God. You mean, my parents
may have been killed by mistake?
191
00:10:09,509 --> 00:10:12,217
This is unbelievable.
Those poor people.
192
00:10:12,278 --> 00:10:13,848
Well, it's still just a theory.
193
00:10:13,913 --> 00:10:16,519
We can't really be sure
you were the intended victim.
194
00:10:16,583 --> 00:10:18,654
But then again,
in your line of work...
195
00:10:18,718 --> 00:10:22,689
I reach the pinnacle of my profession,
I have to live like a prisoner.
196
00:10:22,989 --> 00:10:26,698
Cameras, security doors,
letter bomb analyzers,
197
00:10:26,759 --> 00:10:28,796
a bodyguard when I go to court.
198
00:10:29,596 --> 00:10:31,633
I mean, it's not as if
we don't serve a purpose.
199
00:10:31,698 --> 00:10:33,439
Do you know how many
matrimonial attorneys
200
00:10:33,500 --> 00:10:34,706
were attacked last year?
201
00:10:34,767 --> 00:10:36,610
I know one
who should have been.
202
00:10:36,669 --> 00:10:38,774
Did anybody ever show up
at your home?
203
00:10:38,838 --> 00:10:41,375
Actually, that's why
we sold the brownstone.
204
00:10:41,641 --> 00:10:44,178
Now I live in a doorman building.
High security.
205
00:10:44,244 --> 00:10:46,383
Well, we're gonna need
some names.
206
00:10:47,514 --> 00:10:48,549
Why?
207
00:10:48,615 --> 00:10:51,994
Could be one of your clients'
exes didn't know you relocated.
208
00:10:54,020 --> 00:10:56,557
UNGER: You think you're
being smart, cautious.
209
00:10:57,023 --> 00:11:00,903
You sign a pre-nup, you know, just
in case it's not happily ever after.
210
00:11:01,361 --> 00:11:03,398
My ex goes to Bartlett.
211
00:11:03,463 --> 00:11:07,343
Voil?, the pre-nup's not worth
the paper it's written on.
212
00:11:07,400 --> 00:11:10,040
It's America. We have to
pay for our mistakes.
213
00:11:11,104 --> 00:11:14,347
How many mistakes do you make
that cost 30 grand a month?
214
00:11:14,674 --> 00:11:15,880
(EXCLAIMS)
215
00:11:15,942 --> 00:11:19,321
I might wanna smack him around myself.
Somebody beat him up?
216
00:11:19,379 --> 00:11:21,188
Somebody tried to kill him.
217
00:11:21,381 --> 00:11:22,587
(LAUGHS)
218
00:11:22,649 --> 00:11:24,185
Hey, bully for them.
219
00:11:25,485 --> 00:11:28,625
Closest I ever got was throwing
a chair in a deposition.
220
00:11:31,324 --> 00:11:34,066
Look, that was eight years ago.
221
00:11:34,727 --> 00:11:36,934
I've gone through
three wives since.
222
00:11:37,564 --> 00:11:41,535
If I was going to try to kill a divorce
lawyer, he's way down on my list.
223
00:11:44,370 --> 00:11:46,145
(MUSIC PLAYING ON STEREO)
224
00:11:46,206 --> 00:11:49,380
Learned my lesson, man.
Never mess with the talent.
225
00:11:51,844 --> 00:11:54,848
Tina had the voice of an angel,
but she had a tail and horns.
226
00:11:54,914 --> 00:11:57,326
We heard Bartlett really cleaned
you out in the divorce.
227
00:11:57,383 --> 00:11:59,420
You lost the house,
the studio, the car.
228
00:11:59,485 --> 00:12:01,522
Don't believe
Bartlett's B.S. PR.
229
00:12:01,588 --> 00:12:03,898
I threw money at him
to make Tina go away.
230
00:12:03,957 --> 00:12:06,836
Besides, this business is a
license to print the green stuff.
231
00:12:06,893 --> 00:12:08,873
The way he tells it, you
weren't just throwing money.
232
00:12:08,928 --> 00:12:11,772
You were throwing punches,
threatened to kill him.
233
00:12:13,266 --> 00:12:15,872
You try two days locked
in a room with the wife,
234
00:12:15,935 --> 00:12:18,882
Bartlett and my suit
who goes out at $300 an hour,
235
00:12:19,339 --> 00:12:21,683
being grilled over
every nickel and dime.
236
00:12:21,741 --> 00:12:24,017
You'd lose your cool, too.
Maybe.
237
00:12:24,544 --> 00:12:27,115
But you see,
you used the magic word, kill.
238
00:12:28,247 --> 00:12:32,923
Bartlett threatened to go to the cops.
Tell them I was dealing coke. Real crap.
239
00:12:33,253 --> 00:12:35,961
Said he'd tie me up in criminal
court till next year's Grammys.
240
00:12:36,022 --> 00:12:38,434
He did his homework.
Yeah, well...
241
00:12:38,958 --> 00:12:41,268
My shark
did some homework of his own.
242
00:12:41,394 --> 00:12:45,103
Seems Bartlett's kid had a little
problem with the blow himself.
243
00:12:46,165 --> 00:12:49,339
Makes for a quick settlement.
Everybody's happy.
244
00:12:50,370 --> 00:12:53,908
You know, the more I talk to these
guys, it reminds me why I stay single.
245
00:12:53,973 --> 00:12:57,853
You mean, it's not just the quality
time you get to spend with yourself?
246
00:12:58,611 --> 00:13:01,649
You know, it is possible
that the guy we're looking for
247
00:13:01,714 --> 00:13:04,126
isn't ticked off at the way
Bartlett does business.
248
00:13:04,183 --> 00:13:07,096
His kid is a dope-head. Maybe
it's the way he does business.
249
00:13:07,153 --> 00:13:10,999
Yeah, drug dealers. I keep forgetting
there's notches below lawyers.
250
00:13:11,591 --> 00:13:13,867
You know,
we could spend a whole year
251
00:13:13,927 --> 00:13:17,238
chasing down guys who may have
wanted a piece of Bartlett.
252
00:13:17,297 --> 00:13:20,767
Well, we wouldn't want you to get
a hernia from overwork, Mike.
253
00:13:20,833 --> 00:13:23,245
Very funny.
But I got a different angle.
254
00:13:23,870 --> 00:13:26,908
Bartlett's kid's
into powdering his nose.
255
00:13:26,973 --> 00:13:28,384
Now, maybe
he didn't pay his bills,
256
00:13:28,441 --> 00:13:31,251
and I doubt he sent a
change-of-address card to his dealer.
257
00:13:31,311 --> 00:13:33,848
Listen to this, Bartlett
never had any children,
258
00:13:33,913 --> 00:13:36,359
but he's got a foster son
named Smith.
259
00:13:36,716 --> 00:13:37,888
The kid's father OD'd,
260
00:13:37,951 --> 00:13:40,830
mom's had a long history of drugs and theft.
She's till in Bedford.
261
00:13:40,887 --> 00:13:42,833
Anyway, I ran the kid's name,
no yellows.
262
00:13:42,889 --> 00:13:45,870
Well, Bartlett's got connections.
He could make those disappear.
263
00:13:45,925 --> 00:13:49,134
Yeah, he couldn't make an impound
report disappear, though.
264
00:13:49,195 --> 00:13:51,971
Well, that's a big help.
No, actually it might be.
265
00:13:52,598 --> 00:13:56,171
Steven Smith wrapped his car around
a hydrant the night of the murders.
266
00:13:56,235 --> 00:13:59,273
Less than half a block
from the Lerners' brownstone.
267
00:13:59,339 --> 00:14:02,582
Wow, that's almost a clue.
And it beats heavy lifting.
268
00:14:03,343 --> 00:14:04,344
What?
269
00:14:04,844 --> 00:14:07,723
It's Anita's sense of humor.
Lieutenant Anita to you.
270
00:14:08,314 --> 00:14:09,520
Lieutenant.
271
00:14:12,719 --> 00:14:16,132
It's like I said, a bunch of us
went to a party down in SoHo.
272
00:14:16,189 --> 00:14:17,668
I really don't remember much.
273
00:14:17,724 --> 00:14:20,967
You remember having a brief
encounter with a fire hydrant?
274
00:14:23,262 --> 00:14:24,332
You guys are cops.
275
00:14:24,397 --> 00:14:26,570
I tell you what happened, you
could pull my driver's license.
276
00:14:26,632 --> 00:14:29,044
Come on, man, that's not
even our department.
277
00:14:29,102 --> 00:14:31,582
Relax. Just tell us
what happened, Steve.
278
00:14:33,406 --> 00:14:34,510
All right.
279
00:14:35,908 --> 00:14:38,855
My buddy Josh and me, we left
a party to go hit the clubs.
280
00:14:38,911 --> 00:14:41,414
And I guess I shouldn't
have been driving.
281
00:14:42,515 --> 00:14:46,395
I hit the hydrant. That's it. I paid
the towing fine. Nobody got hurt.
282
00:14:46,519 --> 00:14:47,657
What's the big deal?
283
00:14:47,720 --> 00:14:50,701
But you used to live right
down the block from there.
284
00:14:51,124 --> 00:14:54,003
Yeah, well, you know, but we were
going to the Palladium, I mean...
285
00:14:54,761 --> 00:14:57,071
Of course we were
in the neighborhood.
286
00:14:57,163 --> 00:14:58,870
What? You think
I'm a witness to something?
287
00:14:58,931 --> 00:15:00,672
Did you see anything?
No.
288
00:15:00,733 --> 00:15:03,304
I locked up the car and I
decided to call it a night.
289
00:15:03,369 --> 00:15:05,406
You and Josh
both called it a night?
290
00:15:05,471 --> 00:15:09,476
No. He wasn't as out of it as I was. He
went back to the Zoo for a nightcap.
291
00:15:09,542 --> 00:15:10,919
What, did you take a cab home?
292
00:15:10,977 --> 00:15:14,151
No, I was pretty wasted.
I needed the air, so I walked.
293
00:15:16,015 --> 00:15:18,291
He got all revved up.
The party died.
294
00:15:19,118 --> 00:15:21,530
Well, didn't you think Steve may
have had a little too much to drink
295
00:15:21,587 --> 00:15:22,657
to get behind that wheel?
296
00:15:22,722 --> 00:15:25,259
Last year I saw the guy go
for eight hours straight.
297
00:15:25,324 --> 00:15:27,065
Maybe he's gotten
out of shape, I don't know.
298
00:15:27,126 --> 00:15:28,764
I hear AA'll do that to you.
299
00:15:28,828 --> 00:15:29,966
He's in AA?
300
00:15:30,029 --> 00:15:32,942
Yeah, his girlfriend, Sally,
she talked him into it.
301
00:15:33,232 --> 00:15:34,870
Sally have a last name?
302
00:15:36,068 --> 00:15:37,638
Beyers, I think.
303
00:15:38,037 --> 00:15:40,176
The things you'll do
for a little action.
304
00:15:40,239 --> 00:15:42,719
BRISCOE: You mean,
he doesn't take AA seriously?
305
00:15:43,576 --> 00:15:46,887
Maybe he did. I don't know,
you are what you are, right?
306
00:15:47,847 --> 00:15:51,260
He said he'd only have one One
drink turns into eight or nine...
307
00:15:51,317 --> 00:15:54,196
Yeah, why don't you tell me
about the accident?
308
00:15:54,887 --> 00:15:58,460
He was singing like a jerk. You know,
started playing air guitar. Boom.
309
00:15:58,758 --> 00:16:00,567
And what happened
to your drinking buddy?
310
00:16:00,626 --> 00:16:04,039
He smacked his head
up against the steering wheel.
311
00:16:04,096 --> 00:16:06,906
You know, if he wasn't so loaded,
he might have actually got hurt.
312
00:16:06,966 --> 00:16:08,877
LOGAN:
So where'd you go from there?
313
00:16:09,569 --> 00:16:13,278
Something like that just messes you up.
I cabbed it back to the Zoo.
314
00:16:13,906 --> 00:16:17,786
Steve go with you? No. He said
he wanted to walk it off.
315
00:16:18,578 --> 00:16:23,391
Eight or nine drinks, I'd have to circle
the Island twice to walk that one off.
316
00:16:23,449 --> 00:16:25,326
You know,
back in my drinking days,
317
00:16:25,384 --> 00:16:28,194
I came home once at the
tail-end of a three-day bender.
318
00:16:28,254 --> 00:16:30,928
Only I went into
the wrong wife's front door.
319
00:16:30,990 --> 00:16:33,266
That was enough
to make me go to the 12 steps.
320
00:16:33,326 --> 00:16:36,102
What are you saying, kid went
to his old house by mistake?
321
00:16:36,162 --> 00:16:37,402
It plays out.
322
00:16:37,797 --> 00:16:39,743
Steven used to come home drunk
all the time.
323
00:16:39,799 --> 00:16:42,143
So he didn't want to mess
with the security door.
324
00:16:42,201 --> 00:16:44,010
So he crawls in the window.
325
00:16:44,403 --> 00:16:48,408
He's in AA. He went on a bender. Maybe
he told his sponsor all about it.
326
00:16:51,644 --> 00:16:55,922
I'm sorry. I appreciate that you've
got a job to do, Detectives.
327
00:16:55,982 --> 00:16:59,054
But anything said in meetings
is strictly confidential.
328
00:16:59,418 --> 00:17:03,230
You know, I had a guy like you who
dragged me out of a bottle once,
329
00:17:03,289 --> 00:17:06,168
and I wouldn't appreciate him giving
out interviews to the tabloids,
330
00:17:06,225 --> 00:17:07,795
but this is a little different.
331
00:17:07,860 --> 00:17:10,238
We're investigating
a murder case here.
332
00:17:10,463 --> 00:17:12,773
You don't think
Steven killed someone.
333
00:17:13,566 --> 00:17:15,978
Well, you're all wrong there.
334
00:17:16,669 --> 00:17:18,580
Steven's many things,
he's an alcoholic,
335
00:17:18,638 --> 00:17:20,447
he's a substance abuser,
but he's no killer.
336
00:17:20,506 --> 00:17:23,919
That much I'll tell you. Did you
know he was drinking again?
337
00:17:25,344 --> 00:17:28,382
I'm sorry. I'm his sponsor.
I can't tell you any more.
338
00:17:29,248 --> 00:17:30,886
(HORN HONKING)
339
00:17:30,950 --> 00:17:32,293
(SIGHING)
340
00:17:32,385 --> 00:17:34,126
What, does this guy
think he's a priest?
341
00:17:34,187 --> 00:17:37,896
It's the only way it can work, Mike.
What's the girlfriend's name?
342
00:17:41,694 --> 00:17:44,834
Sally Beyers. Maybe she's
not so tight-lipped.
343
00:17:45,765 --> 00:17:48,371
Steven's worked hardest
on steps four and five.
344
00:17:48,434 --> 00:17:50,345
"Making a fearless
moral inventory"
345
00:17:50,403 --> 00:17:52,474
and "admitting his wrongs
to God, to himself..."
346
00:17:52,538 --> 00:17:55,451
"And to another person."
Sounds like you've been there.
347
00:17:55,508 --> 00:17:57,283
Sober 532 days.
348
00:17:57,343 --> 00:17:59,914
All right. Your boyfriend
can't say as much.
349
00:18:00,413 --> 00:18:03,587
This was his first slip. It happens.
He tell you about it?
350
00:18:03,649 --> 00:18:05,890
Tuesday, in group.
He told us all.
351
00:18:06,452 --> 00:18:09,524
It's part of the recovery.
What else did he tell you?
352
00:18:10,556 --> 00:18:12,968
What gets said in meetings
stays in meetings.
353
00:18:13,025 --> 00:18:16,370
We're investigating
a serious crime, Miss Beyers.
354
00:18:16,429 --> 00:18:18,340
And we have to talk
to everybody.
355
00:18:18,664 --> 00:18:21,804
Steven was in that neighborhood
and he knows that house.
356
00:18:23,069 --> 00:18:24,878
He doesn't remember anything.
357
00:18:24,937 --> 00:18:28,646
He told us that he'd had a major blackout,
and he said he's been having nightmares.
358
00:18:28,708 --> 00:18:32,178
I think it scared him into sobriety.
What kind of nightmares?
359
00:18:32,478 --> 00:18:34,856
He read about those people
dying in his old house
360
00:18:34,914 --> 00:18:36,860
and he dreamed that he did it.
361
00:18:43,389 --> 00:18:44,800
Wait, wait, wait.
Let me get this right.
362
00:18:44,857 --> 00:18:47,497
Now, you're saying
this poor jerk had a dream.
363
00:18:47,560 --> 00:18:50,598
Which he told to a group
of people in an AA meeting.
364
00:18:50,930 --> 00:18:53,843
Last night I dreamed that I was
having an ice-cream sundae
365
00:18:53,900 --> 00:18:55,937
in bed with Heather Locklear.
366
00:18:56,869 --> 00:18:58,780
You don't think
that that's sufficient cause
367
00:18:58,838 --> 00:19:01,148
to get a warrant
to check out my bedroom?
368
00:19:01,207 --> 00:19:02,686
With no disrespect, Your Honor,
369
00:19:02,742 --> 00:19:06,053
I doubt I'd find Ms. Locklear's
fingerprints on the headboard of your bed.
370
00:19:06,112 --> 00:19:08,023
And you found
the kid's prints at the scene?
371
00:19:08,080 --> 00:19:09,491
An unidentified set.
372
00:19:09,549 --> 00:19:12,496
All I'm looking for is an order
to fingerprint Steven Smith.
373
00:19:12,551 --> 00:19:15,054
All right. I'll give you
your order, Ms. Kincaid.
374
00:19:15,488 --> 00:19:16,967
Disrespect and all.
375
00:19:19,625 --> 00:19:21,468
I told you I was drunk,
all right?
376
00:19:21,527 --> 00:19:25,304
Did you ever hear of a blackout? They happen.
I can't remember anything.
377
00:19:25,364 --> 00:19:27,401
BRISCOE: And these don't
jog your memory?
378
00:19:27,767 --> 00:19:30,805
Why would I do that to those people, man?
I don't even know them.
379
00:19:30,870 --> 00:19:33,407
We're not saying you meant
to kill them, Steven.
380
00:19:33,472 --> 00:19:35,713
You know, there was a
case up in Westchester.
381
00:19:35,775 --> 00:19:38,119
This kid killed
an Indian couple by mistake.
382
00:19:38,177 --> 00:19:41,158
Now, if that's what this is,
maybe there's a way out.
383
00:19:42,014 --> 00:19:44,551
What kind of mistake, man?
I wasn't there.
384
00:19:44,617 --> 00:19:47,894
You drink too much, you do things
you're not exactly proud of.
385
00:19:47,953 --> 00:19:49,694
Believe me, I know.
386
00:19:52,258 --> 00:19:54,238
Don't you think
that I would remember...
387
00:19:54,293 --> 00:19:56,273
Remember?
I've been there, too.
388
00:19:56,329 --> 00:19:59,003
Now relax. You want
some coffee or something?
389
00:19:59,699 --> 00:20:01,372
No, I'm okay.
390
00:20:03,035 --> 00:20:06,915
Steven, when you woke up the next
day, was there blood on your clothes?
391
00:20:08,007 --> 00:20:11,682
Yeah, I cut my head in the accident.
Of course, there was blood.
392
00:20:12,912 --> 00:20:15,222
Look, we can go over this
a million times, okay?
393
00:20:15,281 --> 00:20:17,227
I can't help you.
I wasn't there.
394
00:20:17,283 --> 00:20:20,958
All right, tell me this. In your
dream, what happened to the knife?
395
00:20:23,823 --> 00:20:26,167
I'll tell you what I think
happened, Steven.
396
00:20:26,225 --> 00:20:27,704
I think you went in
through the window
397
00:20:27,760 --> 00:20:31,435
because you were too drunk to notice
that the steel door was gone.
398
00:20:32,398 --> 00:20:35,811
You didn't know the Lerners had
remodeled the house, did you?
399
00:20:37,737 --> 00:20:41,514
No, how would I? I haven't
been there since we moved.
400
00:20:42,408 --> 00:20:44,752
Now, see?
That's just my point.
401
00:20:48,514 --> 00:20:50,084
Kid's on the verge.
402
00:20:50,916 --> 00:20:54,762
This might help. Prints came back.
Our bloody thumb's a match.
403
00:20:55,221 --> 00:20:56,393
Let's do it.
404
00:20:59,158 --> 00:21:02,105
You know what they say, Lennie.
Memories fade but fingerprints don't.
405
00:21:02,161 --> 00:21:03,572
Get up-UP!
406
00:21:04,563 --> 00:21:07,942
Steven Smith, you're under arrest for
the murder of David and Eileen Lerner.
407
00:21:08,000 --> 00:21:09,604
You have the right
to remain silent.
408
00:21:09,669 --> 00:21:12,172
Anything you say can and will
be used against...
409
00:21:13,205 --> 00:21:18,120
"Docket number 622613,
People v. Steven Alan Smith."
410
00:21:18,177 --> 00:21:21,056
"Charges are two counts Murder
in the Second Degree."
411
00:21:22,648 --> 00:21:23,991
Plea, Ms. Larson?
412
00:21:25,417 --> 00:21:26,555
Not guilty.
413
00:21:26,886 --> 00:21:28,297
And what do the People
have to say?
414
00:21:28,354 --> 00:21:30,834
The People request that the
defendant be held without bail.
415
00:21:30,890 --> 00:21:33,200
He lives with his foster
parents, Your Honor.
416
00:21:33,259 --> 00:21:35,068
The Bartletts have deep roots
in the community.
417
00:21:35,127 --> 00:21:38,336
And he certainly seems old
enough to hop a cab out of town.
418
00:21:38,397 --> 00:21:41,105
Bail is set at $500,000. Next.
419
00:21:41,901 --> 00:21:45,713
A half a million bail, Jack. A little
over the top, don't you think?
420
00:21:45,771 --> 00:21:47,614
Thirty-five stab wounds.
421
00:21:49,542 --> 00:21:51,852
I'd say I showed
remarkable restraint.
422
00:21:52,378 --> 00:21:53,482
Restraint?
423
00:21:53,612 --> 00:21:55,922
I suggest your police officers
brush up on it.
424
00:21:55,981 --> 00:21:58,154
Your client admitted...
I never...
425
00:21:58,217 --> 00:22:01,790
To be accurate, he said
he dreamt about the murders.
426
00:22:02,521 --> 00:22:05,934
He read about them in the papers.
They happened where he used to live.
427
00:22:05,991 --> 00:22:07,197
Freud would say it's natural.
428
00:22:07,259 --> 00:22:10,172
And I suppose his prints on the
headboard of the Lerners' bed
429
00:22:10,229 --> 00:22:11,765
got there telekinetically.
430
00:22:11,831 --> 00:22:14,744
No, but the procedure by which
you matched them to Mr. Smith
431
00:22:14,800 --> 00:22:16,177
violated his rights.
432
00:22:16,235 --> 00:22:18,977
We had a court order
to fingerprint your client.
433
00:22:19,038 --> 00:22:20,210
Sure you did.
434
00:22:20,272 --> 00:22:23,685
But said court order was
supported by privileged comments
435
00:22:23,742 --> 00:22:26,382
made during confidential
AA meetings.
436
00:22:27,546 --> 00:22:29,150
I'll see you in court.
437
00:22:33,118 --> 00:22:36,656
The rules of privilege are founded
in public policy, Your Honor.
438
00:22:36,889 --> 00:22:39,529
Encouraging free communication
in certain circumstances
439
00:22:39,592 --> 00:22:41,731
has been deemed more important
440
00:22:41,794 --> 00:22:45,207
than admitting the substance of
that communication into evidence.
441
00:22:45,264 --> 00:22:48,939
And the legislature is clear as
to whom that privilege applies.
442
00:22:49,001 --> 00:22:51,379
I see doctor and patient,
attorney and client,
443
00:22:51,437 --> 00:22:54,077
priest and penitent,
husband and wife.
444
00:22:54,140 --> 00:22:56,586
There's nothing in the rules of
evidence about self-help groups.
445
00:22:56,642 --> 00:22:58,952
But the underlying policy
is the same.
446
00:22:59,345 --> 00:23:02,724
Society has recognized
addiction as a disease.
447
00:23:02,848 --> 00:23:04,486
Would we be here at all
if my client
448
00:23:04,550 --> 00:23:06,530
had sought treatment
in a psychiatrist's office?
449
00:23:06,585 --> 00:23:10,965
Psychiatrists are professionals
specifically covered by the statute.
450
00:23:11,023 --> 00:23:13,526
Alcoholics Anonymous
is a self-help group.
451
00:23:14,059 --> 00:23:17,097
Confidentiality is a courtesy,
not a legal mandate.
452
00:23:17,162 --> 00:23:22,009
For a 12-step program to be effective,
a participant must bare his soul.
453
00:23:22,067 --> 00:23:24,343
How can we require
or expect that
454
00:23:24,403 --> 00:23:25,848
if it can then be turned around
455
00:23:25,905 --> 00:23:28,715
and used as evidence against
him in a criminal trial?
456
00:23:28,774 --> 00:23:32,881
If we admit this evidence we are,
in effect, destroying any chance
457
00:23:32,945 --> 00:23:35,482
these individuals have
at finding a cure.
458
00:23:35,781 --> 00:23:37,351
It's very convincing,
Counselor.
459
00:23:38,851 --> 00:23:41,297
The problem is
that Mr. McCoy is right.
460
00:23:42,087 --> 00:23:45,261
There's nothing in the statutes
that mentions 12-step programs.
461
00:23:45,324 --> 00:23:48,396
I'm talking about principle,
social policy, Your Honor.
462
00:23:48,460 --> 00:23:50,565
I'm talking about the law,
463
00:23:50,629 --> 00:23:53,735
which as we all know,
is to be narrowly construed.
464
00:23:54,200 --> 00:23:58,410
My job is not to rewrite the
statutes, it is to interpret them.
465
00:23:59,872 --> 00:24:01,783
The defense motion is denied.
466
00:24:04,276 --> 00:24:06,017
In that case, Your Honor,
467
00:24:06,412 --> 00:24:09,154
the defendant changes his plea
from not guilty
468
00:24:09,214 --> 00:24:11,694
to not guilty
by reason of mental defect.
469
00:24:11,951 --> 00:24:14,363
They've got you
dead to rights, why not?
470
00:24:15,054 --> 00:24:16,158
All right.
471
00:24:16,422 --> 00:24:18,698
The defendant will be
made available for examination
472
00:24:18,757 --> 00:24:21,795
by the People's experts
at their convenience.
473
00:24:22,861 --> 00:24:26,331
I've never even met those people before.
I have no idea why...
474
00:24:26,899 --> 00:24:27,900
DR. OLIVET: Why?
475
00:24:30,302 --> 00:24:32,282
I may have killed
two innocent people.
476
00:24:32,338 --> 00:24:35,615
People I never even heard of,
and what do you think I feel?
477
00:24:35,975 --> 00:24:37,716
I don't know. You tell me.
478
00:24:42,815 --> 00:24:44,624
I have nightmares about it.
479
00:24:45,284 --> 00:24:46,388
I don't...
480
00:24:47,419 --> 00:24:49,626
I don't even know if I did it.
481
00:24:51,023 --> 00:24:52,502
You don't remember?
482
00:24:54,193 --> 00:24:55,570
What do you remember?
483
00:24:57,029 --> 00:24:58,030
We...
484
00:24:59,231 --> 00:25:02,508
We were at a party,
doing shooters. All right?
485
00:25:02,668 --> 00:25:06,047
I left with Josh.
We put in a CD or something...
486
00:25:08,574 --> 00:25:12,044
I don't know. The car swerved off the road.
I totaled the car.
487
00:25:12,111 --> 00:25:14,990
I hit my head.
Josh went back for a drink.
488
00:25:15,648 --> 00:25:17,025
What did you do?
489
00:25:18,484 --> 00:25:20,225
I thought I walked home.
490
00:25:21,553 --> 00:25:25,126
But you didn't? No. I guess I
went back to my old house.
491
00:25:25,190 --> 00:25:27,136
I don't remember!
492
00:25:27,192 --> 00:25:29,069
Why do you think
that you went back there?
493
00:25:29,128 --> 00:25:30,698
I was drunk, okay?
494
00:25:33,899 --> 00:25:36,436
I know what you're thinking,
and it's sick.
495
00:25:36,902 --> 00:25:38,142
What, Steven?
496
00:25:39,471 --> 00:25:40,848
Warren and Leah,
497
00:25:44,443 --> 00:25:48,323
they put up with all my crap, all right?
They're good people. I love...
498
00:25:50,282 --> 00:25:52,762
I know what you're thinking,
it's like...
499
00:25:54,787 --> 00:25:57,961
You think I wanted to kill them.
What do you think?
500
00:26:03,862 --> 00:26:07,139
DR. OLIVET: He claims amnesia for
the crimes and I believe him.
501
00:26:07,199 --> 00:26:10,180
Amnesia's not grounds for insanity.
That's true.
502
00:26:10,636 --> 00:26:14,209
The only form of mental illness
seems to be substance abuse.
503
00:26:14,273 --> 00:26:18,483
He was drunk, and as we all know, that's
not the basis for an insanity plea.
504
00:26:18,877 --> 00:26:22,290
They tried this in Westchester.
There's a difference.
505
00:26:22,347 --> 00:26:25,226
There the defense claimed that the
boy had a learning disability
506
00:26:25,284 --> 00:26:29,460
and that his homicidal tendencies were
implanted by a high-school psychologist.
507
00:26:29,688 --> 00:26:32,635
Steven Smith
had an alcoholic blackout.
508
00:26:32,691 --> 00:26:35,001
That, combined with a head
injury from the car accident,
509
00:26:35,060 --> 00:26:36,903
could have triggered
a dissociative episode.
510
00:26:36,962 --> 00:26:39,408
He was drunk,
he killed two innocent people
511
00:26:39,465 --> 00:26:41,809
and now he's trying to use
the bottle as a defense.
512
00:26:41,867 --> 00:26:44,575
Isn't it pretty obvious he
meant to kill the Bartletts?
513
00:26:44,637 --> 00:26:45,638
At least unconsciously.
514
00:26:45,704 --> 00:26:48,446
But there's no evidence
of any conscious motive.
515
00:26:49,808 --> 00:26:51,219
Bartlett's wealthy.
516
00:26:51,276 --> 00:26:54,519
The brutality of the murders, this
had nothing to do with money.
517
00:26:56,482 --> 00:26:58,985
Then we should find out
what it was about.
518
00:27:02,387 --> 00:27:04,196
What are you implying?
519
00:27:05,624 --> 00:27:08,764
The Lerners were killed in your
old bedroom, Mr. Bartlett.
520
00:27:08,827 --> 00:27:11,467
Let me tell you something.
Steven has problems.
521
00:27:11,530 --> 00:27:13,635
Most of them
come out of a bottle.
522
00:27:13,699 --> 00:27:17,408
He's ill, Warren. And she's
trying to say it's our fault.
523
00:27:17,636 --> 00:27:20,708
Look, Steven had trouble
handling a groundball,
524
00:27:21,073 --> 00:27:24,384
I spent three hours a night
with him out at the schoolyard.
525
00:27:24,543 --> 00:27:28,423
He was lost in algebra,
I took a week off from work.
526
00:27:28,881 --> 00:27:30,690
Something prompted this.
527
00:27:31,383 --> 00:27:33,488
Steven is sick.
528
00:27:33,552 --> 00:27:37,056
He's insane, for God's sakes!
I don't need you to tell...
529
00:27:39,992 --> 00:27:42,302
I'm certainly not going to
help you put him in jail
530
00:27:42,361 --> 00:27:44,671
when he should be
under psychiatric care.
531
00:27:44,730 --> 00:27:46,676
Mr. Bartlett,
you're an attorney.
532
00:27:46,732 --> 00:27:49,804
You know that if he knew what he was
doing at the time of the crime,
533
00:27:49,868 --> 00:27:51,575
he's not legally insane.
534
00:27:51,637 --> 00:27:55,016
What are you saying? That Steven
was rational when he did this?
535
00:27:55,073 --> 00:27:57,815
I'm sorry, I won't accept that.
536
00:28:00,312 --> 00:28:04,055
They're wealthy, they're educated,
they seem to be the perfect parents.
537
00:28:04,116 --> 00:28:07,586
And Steven wanted them dead.
For no apparent reason.
538
00:28:07,653 --> 00:28:10,099
He's still living with them,
that has to mean something.
539
00:28:10,155 --> 00:28:12,829
Maybe this was some
sort of dissociative episode.
540
00:28:12,891 --> 00:28:15,599
In other words, the crime is so
crazy, the kid's got to be nuts.
541
00:28:15,661 --> 00:28:18,835
The defense has the burden to show that
at the time he committed the murders,
542
00:28:18,897 --> 00:28:22,003
Steven Smith didn't understand
the nature of what he was doing.
543
00:28:22,067 --> 00:28:24,809
Maybe we shouldn't be
so gung ho here, Jack.
544
00:28:24,870 --> 00:28:27,612
Maybe he is better off
in a hospital than a prison.
545
00:28:27,673 --> 00:28:29,619
Tell that to Elizabeth Lerner.
546
00:28:30,676 --> 00:28:34,385
Am I supposed to let him play
doctor in a rubber room at Bellevue
547
00:28:34,446 --> 00:28:36,323
just because he tells me
he can't remember?
548
00:28:36,381 --> 00:28:37,985
Come on.
You know it's not that simple.
549
00:28:38,050 --> 00:28:41,361
Even Olivet can't tell us whether he
was rational at the time of the crime.
550
00:28:41,420 --> 00:28:44,162
That's going to make for a
wonderful cross examination.
551
00:28:44,223 --> 00:28:47,830
Only one person knows what Smith
was thinking that night, right?
552
00:28:47,893 --> 00:28:49,770
And he was in an alcoholic fog.
553
00:28:49,828 --> 00:28:51,705
Well, let's turn on
the defroster.
554
00:28:51,763 --> 00:28:54,266
Hypnotize him.
Take him back to the scene.
555
00:28:55,300 --> 00:28:59,043
If he says that E.T. told him
to kill a couple of gremlins,
556
00:28:59,104 --> 00:29:01,277
then I'll cut a deal
for insanity.
557
00:29:03,442 --> 00:29:04,853
LARSON: What happened, Jack?
558
00:29:04,910 --> 00:29:08,221
You had too much last night,
blacked out and forgot the law?
559
00:29:08,647 --> 00:29:10,957
Hypnotic testimony
is inherently unreliable.
560
00:29:11,016 --> 00:29:13,428
On the contrary,
I was up until the wee hours
561
00:29:13,485 --> 00:29:15,487
reading
supreme court decisions.
562
00:29:16,288 --> 00:29:18,461
Specifically Rock v. Arkansas...
563
00:29:18,523 --> 00:29:22,903
Which held that a per se rule
excluding hypnotic testimony
564
00:29:22,961 --> 00:29:26,374
infringes on a defendant's right
to testify on his own behalf.
565
00:29:26,798 --> 00:29:30,177
In other words, you can't force my
client to give hypnotic testimony.
566
00:29:30,235 --> 00:29:33,648
I don't want him in prison if
he's legally insane, Marge.
567
00:29:34,273 --> 00:29:35,752
I'll tell you what.
568
00:29:37,276 --> 00:29:40,814
If we learn that these murders were
the result of a psychotic episode
569
00:29:40,879 --> 00:29:43,621
that rendered him unaware
of what he was doing,
570
00:29:43,682 --> 00:29:46,663
I'll be the first one seated
at the bargaining table.
571
00:29:47,653 --> 00:29:49,030
And if we don't?
572
00:29:49,354 --> 00:29:54,269
I agree that nothing he says under
hypnosis can be used against him in court.
573
00:29:55,694 --> 00:29:57,503
Heads I win, tails you lose.
574
00:29:58,430 --> 00:29:59,431
Okay.
575
00:30:03,335 --> 00:30:06,282
One more time
on the kitchen floor
576
00:30:09,141 --> 00:30:12,350
Shut up, Josh. Man,
I wanna sing, I'll sing.
577
00:30:16,014 --> 00:30:17,459
Oh, my God.
578
00:30:20,853 --> 00:30:23,595
My head.
What happened, Steven?
579
00:30:28,227 --> 00:30:29,638
I totaled the car.
580
00:30:30,595 --> 00:30:31,869
Where are you?
581
00:30:39,638 --> 00:30:42,141
It's late, I better get home.
582
00:30:43,275 --> 00:30:45,983
The door's locked.
How are you going to get in?
583
00:30:48,747 --> 00:30:50,124
I gotta get home.
584
00:30:51,216 --> 00:30:53,753
The storm window.
She'll never know.
585
00:30:54,820 --> 00:30:56,322
Who will never know?
586
00:30:58,357 --> 00:30:59,768
I'll be quiet.
587
00:31:00,926 --> 00:31:02,530
Where are you, Steven?
588
00:31:06,698 --> 00:31:08,735
Mommy. Don't hit me, Mommy!
589
00:31:10,802 --> 00:31:12,645
(SCREAMING)
590
00:31:13,505 --> 00:31:15,781
It burns, Mommy! Please.
It burns.
591
00:31:18,076 --> 00:31:19,316
I'll be good.
592
00:31:19,411 --> 00:31:21,357
EIDLER: What did you
do wrong, Steven?
593
00:31:22,047 --> 00:31:23,492
STEVEN: I didn't mean it.
594
00:31:24,449 --> 00:31:27,487
I won't spill the Coke on the
carpet again. I promise.
595
00:31:28,220 --> 00:31:30,063
Mommy, don't hit me, please!
596
00:31:32,291 --> 00:31:34,794
Don't or I'll...
Or you'll what, Steven?
597
00:31:36,928 --> 00:31:38,305
It burns so bad.
598
00:31:39,564 --> 00:31:41,601
Tell me, what will you do?
599
00:31:44,102 --> 00:31:46,013
No. I'm sorry. It's bad.
600
00:31:46,838 --> 00:31:48,317
What is it, Steven?
601
00:31:55,347 --> 00:31:57,588
The knife.
602
00:31:59,951 --> 00:32:03,899
I'm sorry, the knife.
It's bad. But I have to.
603
00:32:04,790 --> 00:32:06,133
I have to.
604
00:32:13,298 --> 00:32:14,299
Wow.
605
00:32:15,433 --> 00:32:17,538
It's pitiful is what it is.
606
00:32:17,903 --> 00:32:20,543
But it's clear he knew
what he was doing was wrong.
607
00:32:20,605 --> 00:32:22,949
Translation,
he wasn't legally insane.
608
00:32:23,008 --> 00:32:24,715
Come on, we all know
609
00:32:24,776 --> 00:32:28,189
I can march into a courtroom,
show a video of what we just saw
610
00:32:28,246 --> 00:32:32,058
and walk away with a verdict of not
guilty by reason of mental defect.
611
00:32:32,117 --> 00:32:34,188
And if you put
one witness on the stand
612
00:32:34,252 --> 00:32:36,994
who says that he was legally
insane at the time of the murder,
613
00:32:37,055 --> 00:32:39,160
you'll be suborning perjury.
614
00:32:39,224 --> 00:32:41,397
I've known you for 15 years,
Marge.
615
00:32:42,194 --> 00:32:44,902
I never suspected
that was part of your makeup.
616
00:32:44,963 --> 00:32:48,240
We've gone way beyond
an insanity defense, Jack.
617
00:32:48,300 --> 00:32:49,973
So you're willing
to cut a deal?
618
00:32:50,035 --> 00:32:53,380
And subject my client to the tender
mercies of the criminal justice system?
619
00:32:53,438 --> 00:32:54,815
I don't think so.
620
00:32:55,006 --> 00:32:57,543
Steven Smith committed
justifiable homicide.
621
00:32:58,210 --> 00:33:00,156
He was acting in self-defense.
622
00:33:07,419 --> 00:33:10,992
It's probable that Steven Smith
was physically abused as a child.
623
00:33:11,223 --> 00:33:13,396
Now he's a grown man.
Yes.
624
00:33:13,458 --> 00:33:15,938
But it was the 12-year-old boy
who swung that knife.
625
00:33:15,994 --> 00:33:18,133
Is it possible
that he's just acting?
626
00:33:18,196 --> 00:33:20,005
It's possible, but I doubt it.
627
00:33:20,065 --> 00:33:22,067
The alcohol,
the physical trauma,
628
00:33:22,134 --> 00:33:24,876
together they could've
freed repressed memories.
629
00:33:24,936 --> 00:33:26,279
I think
the night of the murders,
630
00:33:26,338 --> 00:33:28,944
he was a 12-year-old boy who
thought he was about to be beaten.
631
00:33:29,007 --> 00:33:31,988
It sounded like he was hit repeatedly.
Burned.
632
00:33:32,043 --> 00:33:34,785
It won't be a stretch for Larson to
make a good case for self-defense.
633
00:33:34,846 --> 00:33:37,656
You got no case, come to us. We'll
give you all the help you need.
634
00:33:37,716 --> 00:33:40,788
Steven Smith went into what he thought
was the Bartletts bedroom at 2:00 a.m.,
635
00:33:40,852 --> 00:33:43,799
which means that he can't argue that
he didn't know they were asleep.
636
00:33:43,855 --> 00:33:45,129
Which means that he can't argue
637
00:33:45,190 --> 00:33:48,137
that he thought he was threatened
with imminent physical harm.
638
00:33:48,193 --> 00:33:49,536
Which means
there's no self-defense.
639
00:33:49,594 --> 00:33:51,096
But he was thinking
like a 12-year-old.
640
00:33:51,163 --> 00:33:53,370
I'm not certain he could
make that distinction.
641
00:33:53,432 --> 00:33:54,809
I think he could.
642
00:33:58,537 --> 00:34:02,212
The Lerners were found in their
bed, in their nightclothes.
643
00:34:02,707 --> 00:34:05,244
Both were victims
of multiple stab wounds.
644
00:34:05,310 --> 00:34:07,916
Did you come to any conclusion
as to whether they were asleep
645
00:34:07,979 --> 00:34:09,356
at the time
the attacks commenced?
646
00:34:09,414 --> 00:34:11,451
Objection.
Calls for speculation.
647
00:34:11,516 --> 00:34:13,655
Detective Logan
is qualified to testify
648
00:34:13,718 --> 00:34:16,995
as to the opinions formed as a
result of his investigation.
649
00:34:18,323 --> 00:34:20,303
Speculate, Detective Logan.
650
00:34:21,693 --> 00:34:25,470
The time of death was determined to
be between midnight and 3:00 a.m.
651
00:34:25,730 --> 00:34:29,268
The lights were out, Mrs. Lerner
was still under the blankets,
652
00:34:30,135 --> 00:34:34,174
we determined that she was
asleep when the attack began,
653
00:34:34,239 --> 00:34:38,119
and that Mr. Lerner who had
defensive wounds on both hands
654
00:34:38,176 --> 00:34:40,679
was awakened
by the attack on Mrs. Lerner.
655
00:34:41,513 --> 00:34:43,049
JACK: Thank you, Detective.
656
00:34:44,015 --> 00:34:45,494
JUDGE MIKELSON: Ms. Larson.
657
00:34:45,550 --> 00:34:48,190
The defense has no questions
for this witness.
658
00:34:48,987 --> 00:34:53,163
I was with Steven from around 8:00
until just after he wrecked his car.
659
00:34:53,225 --> 00:34:56,069
And was his behavior out of
the ordinary that evening?
660
00:34:56,995 --> 00:35:00,704
We were drinking heavy, you know.
I guess he was acting like usual.
661
00:35:02,767 --> 00:35:06,078
Turning your attention to the moments
immediately following the accident,
662
00:35:06,138 --> 00:35:08,550
please describe
how the defendant acted.
663
00:35:09,141 --> 00:35:11,314
He wrecked his car.
He was upset.
664
00:35:11,376 --> 00:35:13,754
I said I'd call a tow truck,
and he said to hell with it,
665
00:35:13,812 --> 00:35:15,814
he'll deal with it
in the morning.
666
00:35:15,880 --> 00:35:17,359
And what happened then?
667
00:35:18,617 --> 00:35:20,358
I went to go get another drink.
668
00:35:20,418 --> 00:35:22,694
Did the defendant go with you?
669
00:35:25,824 --> 00:35:27,633
No.
Thank you.
670
00:35:32,597 --> 00:35:35,578
What were the defendant's
parting words that evening?
671
00:35:36,601 --> 00:35:38,342
He said he was going home.
672
00:35:39,571 --> 00:35:40,572
Home.
673
00:35:41,606 --> 00:35:44,177
I see. No more questions.
674
00:35:46,878 --> 00:35:50,849
We've put five witnesses on the stand.
Larson asks one question on cross.
675
00:35:50,916 --> 00:35:54,090
I'd say she was pretty confident.
Sure she's confident.
676
00:35:54,286 --> 00:35:57,460
Tomorrow she plans on
breaking the jury's hearts.
677
00:35:57,989 --> 00:36:00,367
Sympathy alone
doesn't get you an acquittal.
678
00:36:00,425 --> 00:36:02,234
But it sure as hell
hangs a jury.
679
00:36:02,294 --> 00:36:03,864
Look at those boys out in LA.
680
00:36:03,928 --> 00:36:06,306
This isn't
the Menendez brothers, Adam.
681
00:36:06,498 --> 00:36:09,479
There's no doubt in this case
that the victims were innocent.
682
00:36:09,534 --> 00:36:10,774
That's right.
683
00:36:11,269 --> 00:36:16,014
Only here we have the abusers in the flesh to
tell us all about what monsters they were.
684
00:36:18,677 --> 00:36:22,215
I have a Masters in child psychology
from the University of Michigan,
685
00:36:22,280 --> 00:36:24,021
and a Ph.D. from Cornell.
686
00:36:24,382 --> 00:36:26,293
I've been with the Department
of Social Services
687
00:36:26,351 --> 00:36:30,322
for the last 16 years where I've
counseled nearly 10,000 abused children.
688
00:36:30,388 --> 00:36:33,631
Did you have an opportunity to see
the videotape of the defendant
689
00:36:33,692 --> 00:36:35,228
in his hypnotic state?
690
00:36:35,293 --> 00:36:36,294
I did.
691
00:36:36,895 --> 00:36:41,867
Would you say that he fit the profile
of the typical abused child?
692
00:36:43,168 --> 00:36:47,116
Considering Steven's body
language, the panic in his voice,
693
00:36:47,572 --> 00:36:49,245
the substance
of what he was saying,
694
00:36:49,307 --> 00:36:51,719
leads me to believe that he
was an abused child, yes.
695
00:36:51,776 --> 00:36:56,020
When he was 12 years old, would you
say that he hated his foster parents?
696
00:36:56,081 --> 00:36:58,561
On the contrary,
he loved them very much.
697
00:36:59,384 --> 00:37:02,763
He loved them,
yet still he wanted them dead?
698
00:37:02,854 --> 00:37:05,767
Well, you have to understand that
the love an abused child feels
699
00:37:05,824 --> 00:37:08,862
is tempered by confusion,
shame, guilt.
700
00:37:08,927 --> 00:37:11,100
But most of all, by fear.
701
00:37:11,696 --> 00:37:14,472
Now, Steven Smith
was burned and beaten.
702
00:37:16,000 --> 00:37:18,708
In my opinion, he wanted
to kill the Bartletts
703
00:37:18,770 --> 00:37:21,478
because he thought
they were going to kill him.
704
00:37:22,707 --> 00:37:24,118
Thank you, Doctor.
705
00:37:26,077 --> 00:37:29,991
Of the 10,000 abused children
you've counseled, Doctor,
706
00:37:30,482 --> 00:37:33,463
how many were beaten while
their abusers were asleep?
707
00:37:33,718 --> 00:37:37,256
That's an absurd question. So I
can take it that that means zero?
708
00:37:37,889 --> 00:37:38,924
Yes.
709
00:37:39,524 --> 00:37:43,563
But abused children believe their
abusers are an omnipresent threat.
710
00:37:44,195 --> 00:37:46,937
Their abusers.
Not some strangers.
711
00:37:51,236 --> 00:37:53,079
I'm not proud of what I did.
712
00:37:53,738 --> 00:37:56,548
I got help.
I thought I got it in time.
713
00:37:58,476 --> 00:38:01,116
So, you're admitting
you abused Steven?
714
00:38:01,680 --> 00:38:03,887
Warren and I
couldn't have children,
715
00:38:04,382 --> 00:38:08,091
but the problem was I just
wasn't ready to be a mother.
716
00:38:11,656 --> 00:38:13,829
Please tell us more,
Mrs. Bartlett.
717
00:38:14,859 --> 00:38:18,397
Well, it began with
a glass of wine at dinner.
718
00:38:18,997 --> 00:38:23,241
I'd put Steven to bed
and I'd feel so alone.
719
00:38:24,669 --> 00:38:27,707
So I'd have another
and another,
720
00:38:27,772 --> 00:38:32,380
and then I moved on to vodka.
721
00:38:33,645 --> 00:38:36,626
And I'd start at breakfast.
722
00:38:38,349 --> 00:38:40,351
And I was hard on Steven.
723
00:38:41,586 --> 00:38:45,557
He would cry and...
I just couldn't stand it.
724
00:38:48,560 --> 00:38:50,039
So you hit him?
725
00:38:53,798 --> 00:38:55,641
You'll have to answer aloud.
726
00:38:56,601 --> 00:38:57,705
Um him,
727
00:38:59,170 --> 00:39:03,209
first with my hand, and then
with anything I could find.
728
00:39:04,476 --> 00:39:06,149
A bottle, a shoe.
729
00:39:07,145 --> 00:39:10,820
I was alone in the house
with Steven. I blamed him.
730
00:39:12,917 --> 00:39:15,056
And how did it end,
Mrs. Bartlett?
731
00:39:16,921 --> 00:39:20,198
One afternoon, I was on my
second bottle of vodka.
732
00:39:21,793 --> 00:39:25,172
Steven was in the living room
watching television.
733
00:39:27,298 --> 00:39:29,608
I kicked his can of soda
734
00:39:31,503 --> 00:39:33,676
and it spilled
all over the carpet.
735
00:39:34,773 --> 00:39:36,719
It was a new carpet!
736
00:39:42,814 --> 00:39:45,021
I burned him with a cigarette.
737
00:39:48,386 --> 00:39:51,060
He ran into the kitchen.
738
00:39:51,923 --> 00:39:55,598
I followed him
and I grabbed a carving knife.
739
00:39:58,329 --> 00:39:59,569
I'm so sorry.
740
00:40:04,502 --> 00:40:06,914
Warren came home
from the office.
741
00:40:09,474 --> 00:40:13,547
I don't know what would have happened
if he hadn't come home then.
742
00:40:19,350 --> 00:40:22,661
I started treatment
the next day.
743
00:40:25,390 --> 00:40:26,698
Thank you.
744
00:40:33,231 --> 00:40:35,643
Shall I ask for a recess,
Mrs. Bartlett?
745
00:40:37,035 --> 00:40:39,037
No, I'm okay.
746
00:40:46,177 --> 00:40:49,317
How old was Steven when you
attacked him with the knife?
747
00:40:52,150 --> 00:40:53,493
He was 12.
748
00:40:55,253 --> 00:40:58,257
And you haven't hit him once
in the past nine years?
749
00:41:03,294 --> 00:41:04,364
No.
750
00:41:06,097 --> 00:41:08,771
And he still lives at home
with you?
751
00:41:11,536 --> 00:41:12,537
Yes.
752
00:41:16,641 --> 00:41:18,211
No more questions.
753
00:41:21,379 --> 00:41:22,790
The defense rests.
754
00:41:26,584 --> 00:41:29,497
Well, juror number three
was actually in tears.
755
00:41:30,989 --> 00:41:33,868
After my closing, I hope they'll
be crying for the Lerners.
756
00:41:33,925 --> 00:41:36,599
And that'll make them want to put
the mother in jail, not the kid.
757
00:41:36,661 --> 00:41:38,140
Did you ever consider
the possibility
758
00:41:38,196 --> 00:41:41,905
that Mrs. Bartlett might be
exaggerating to protect her son?
759
00:41:43,368 --> 00:41:46,315
It's just her word.
That's right.
760
00:41:47,071 --> 00:41:49,745
It is just her word, isn't it?
Where are you going?
761
00:41:49,807 --> 00:41:52,151
Well, wouldn't this have been
a slam dunk for the defense
762
00:41:52,210 --> 00:41:55,657
if Mr. Bartlett took the stand
and confirmed her story?
763
00:41:57,749 --> 00:41:59,319
Larson never called him.
764
00:42:03,188 --> 00:42:06,897
My wife had a drinking problem. I
wasn't aware of the extent of it.
765
00:42:08,359 --> 00:42:11,067
A bottle of vodka a day,
you didn't notice?
766
00:42:11,162 --> 00:42:13,768
I was referring to
how she treated Steven.
767
00:42:15,400 --> 00:42:18,813
She said she beat him
with a shoe, a bottle.
768
00:42:20,104 --> 00:42:21,208
You didn't notice?
769
00:42:21,272 --> 00:42:25,345
I was starting a new practice. I was
at the office more than I was at home.
770
00:42:25,510 --> 00:42:26,511
I see.
771
00:42:28,179 --> 00:42:30,591
Now, sir,
correct me if I'm wrong,
772
00:42:31,449 --> 00:42:34,259
but didn't you tell
my associate, Ms. Kincaid,
773
00:42:35,954 --> 00:42:38,434
that when your son
had trouble with baseball,
774
00:42:38,489 --> 00:42:40,662
you worked with him
every night?
775
00:42:40,725 --> 00:42:43,865
You took a week off to help
him with his mathematics?
776
00:42:43,928 --> 00:42:47,535
That was after Leah was in treatment.
My practice was already established.
777
00:42:47,599 --> 00:42:50,739
Yes, but it seems
you had a close relationship.
778
00:42:51,502 --> 00:42:53,175
I'm proud of that, yes.
779
00:42:53,237 --> 00:42:55,717
He would come to you
when he had problems?
780
00:42:55,940 --> 00:42:56,941
Yes.
781
00:42:57,575 --> 00:43:00,146
He didn't understand Pythagoras,
he came to you for help,
782
00:43:00,211 --> 00:43:03,192
he booted a groundball,
he ran to you.
783
00:43:03,948 --> 00:43:08,021
But when your wife burned him with a
cigarette or beat him with a shoe,
784
00:43:08,086 --> 00:43:11,363
he didn't think it proper to
confide in you, is that right?
785
00:43:13,324 --> 00:43:14,564
He was a boy.
786
00:43:22,367 --> 00:43:26,281
Did you abuse Steven, Mr. Bartlett?
I was selfish.
787
00:43:26,771 --> 00:43:30,878
I worked too hard. I ignored my family.
Steven suffered from that.
788
00:43:30,942 --> 00:43:33,081
Did you ever beat him
with a shoe?
789
00:43:33,745 --> 00:43:34,985
No.
790
00:43:35,046 --> 00:43:36,957
A bottle?
No.
791
00:43:37,315 --> 00:43:39,192
How many times did you
burn him with a cigarette?
792
00:43:39,250 --> 00:43:40,490
I would never...
793
00:43:40,551 --> 00:43:43,327
I always protected Steven.
I would never hurt him.
794
00:43:43,388 --> 00:43:46,767
But Steven thought you would.
That's not true.
795
00:43:47,558 --> 00:43:49,504
I love him! He loves me!
796
00:43:49,560 --> 00:43:52,734
And he had no reason
to kill you.
797
00:43:53,798 --> 00:43:56,904
Your Honor,
Mr. McCoy is testifying here.
798
00:43:58,102 --> 00:43:59,376
In my chambers.
799
00:44:00,671 --> 00:44:03,277
The witness himself said that
he never abused the defendant.
800
00:44:03,341 --> 00:44:04,877
He said
he always protected him.
801
00:44:04,942 --> 00:44:06,319
What's that have to do
with anything?
802
00:44:06,377 --> 00:44:07,617
Let's assume for the moment
803
00:44:07,679 --> 00:44:11,149
that the defendant actually believed that
Mrs. Bartlett was going to kill him.
804
00:44:11,215 --> 00:44:14,992
Fine, that's self-defense, but
Mr. Bartlett never laid a hand on him.
805
00:44:15,386 --> 00:44:17,093
He didn't have a weapon.
806
00:44:17,288 --> 00:44:20,360
So tell me, what was he
defending himself from?
807
00:44:20,424 --> 00:44:23,303
The jury can infer he was...
They won't get the chance.
808
00:44:23,361 --> 00:44:26,240
Your Honor, the People dismiss
count one of the indictment,
809
00:44:26,297 --> 00:44:28,573
the charge of murdering
Eileen Lerner.
810
00:44:28,633 --> 00:44:31,512
We'll proceed only on count two
for the murder of David Lerner.
811
00:44:31,569 --> 00:44:33,480
Are you sure?
I'm sure.
812
00:44:34,839 --> 00:44:36,978
And I further move that
Your Honor charge the jury
813
00:44:37,041 --> 00:44:41,114
that they may not consider self-defense
as a justification for that murder.
814
00:44:41,612 --> 00:44:43,319
Very clever, Mr. McCoy.
815
00:44:43,381 --> 00:44:46,157
This is prejudicial.
And it's the law.
816
00:44:47,118 --> 00:44:48,529
Motion is granted.
817
00:44:50,388 --> 00:44:52,766
JUDGE MIKELSON: Finally,
you are instructed as follows.
818
00:44:53,257 --> 00:44:57,330
In the matter before you,
you may not in any way
819
00:44:57,395 --> 00:45:01,741
consider the affirmative
defense of justification
820
00:45:01,799 --> 00:45:03,972
as a result of self-defense.
821
00:45:04,735 --> 00:45:08,342
In other words,
the only issue before you
822
00:45:08,439 --> 00:45:12,080
is whether the prosecution
has proven sufficiently
823
00:45:12,143 --> 00:45:16,683
each and every element of the crime
of Murder in the Second Degree.
824
00:45:16,748 --> 00:45:21,720
Namely, did the defendant intend
to cause the death of David Lerner
825
00:45:22,420 --> 00:45:25,492
and did he in fact
cause said death?
826
00:45:39,136 --> 00:45:42,015
JUDGE MIKELSON: Madam Forewoman,
has the jury reached a verdict?
827
00:45:42,073 --> 00:45:43,347
Yes, we have, Your Honor.
828
00:45:43,407 --> 00:45:47,150
On the sole count of the indictment,
Murder in the Second Degree,
829
00:45:47,645 --> 00:45:49,022
how do you find?
830
00:45:52,383 --> 00:45:55,057
We find the defendant,
Steven Smith, guilty.
831
00:45:56,053 --> 00:45:59,523
The defendant is remanded to
custody pending sentencing.
832
00:46:00,291 --> 00:46:01,668
Jury is excused.
833
00:46:02,493 --> 00:46:03,972
Court is adjourned.
834
00:46:04,028 --> 00:46:05,371
(GAVEL POUNDING)
835
00:46:09,367 --> 00:46:10,573
I'm so sorry.
836
00:46:10,635 --> 00:46:12,774
We split hairs. We won.
837
00:46:14,038 --> 00:46:15,142
But I'm still not convinced
838
00:46:15,206 --> 00:46:18,710
putting Steven Smith in prison
for 25 years is the right thing.
839
00:46:19,777 --> 00:46:22,257
You think he should be
on the street?
840
00:46:23,080 --> 00:46:25,117
You know
that's not what I mean.
841
00:46:25,483 --> 00:46:27,895
The law only gave us
two choices.
842
00:46:30,955 --> 00:46:31,956
Coming?
843
00:46:32,006 --> 00:46:36,556
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