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NARRATOR:
In the criminal justice system
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00:00:02,892 --> 00:00:06,704
the people are represented by two
separate yet equally important groups,
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00:00:06,762 --> 00:00:08,605
the police
who investigate crime
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00:00:08,664 --> 00:00:11,440
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Why can't I come up?
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No, that's what
you said last night.
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That's what you said
the night before.
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Hey, Kendra, man, I blew off the comped
list at Justin's 'cause I thought
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I was gonna see you and now you're
telling me that your girlfriend's there?
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I need your phone!
Come on, what is that?
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00:00:28,751 --> 00:00:31,095
That's why I'm standing on...
What? Hey, what are you, nuts?
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My house is burning and my son's inside!
(FIRE ALARM RINGING)
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(COUGHS)
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I need to report a fire.
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HARRIS: Building's
only 50% involved.
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Our guys got here fast.
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Not fast enough.
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CO asphyxiation Never woke up.
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What were
the suspicious origins?
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Some kind of accelerant
was definitely used.
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Is that the mother?
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00:00:51,207 --> 00:00:52,845
Yeah. Mrs. Parnell.
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Mrs. Parnell.
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I'm Detective Briscoe,
this is Detective Green.
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We're really very sorry
about what happened.
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ED: Were there any other family
members home at the time?
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My daughter's at a sleepover.
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It's good that she wasn't here.
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Hey, hey, hey! Wait! Where
do you think you're going?
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What happened?
Who are you?
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I'm Richie Zweck.
I have the store.
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What? The store that's
going out of business?
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There's one store.
I have the store.
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Sir, why don't
you park your car?
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We're gonna need to take
some information from you.
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This is a frigging disaster. I got
a delivery today of 200 Lladro.
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Sir, you're in the
middle of the street.
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I just got the Leroy Neiman series
of New York Yankee lithographs.
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That's paper. It's burnt!
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This woman just lost her son.
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Shut your mouth
and move your car!
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There's your accelerant.
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Paint thinner.
Found it in the back hall.
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Better stick close
to Mr. Zweck, there.
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He's gonna be really
upset when he finds out
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there are people in this world who'd
deliberately cost him his lithographs.
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HARRIS: Note the alligator
char on the wall.
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ED: Wait, what is that?
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Heavy char alternating
with an untouched area.
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You get that when
the fire's really running.
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Are you sure somebody
used paint thinner?
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We're sending three
stairs over to the lab.
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I'm guessing we find
accelerant on all of them.
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Any idea which floor
they were going for?
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(SCOFFING)
That's your department.
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How long has this Jacques Ricard
been going out of business?
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ED: The neighbors
say five years.
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00:03:12,982 --> 00:03:15,155
Well, maybe he decided
it was time.
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BRISCOE: You had an
electric fire a year ago
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that you claimed
a $275,000 loss from.
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00:03:22,858 --> 00:03:25,737
You had a flood the year before to
the tune of four hundred grand.
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00:03:25,795 --> 00:03:26,865
No locusts?
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00:03:26,929 --> 00:03:28,875
Cute. You think I did it?
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Destroy your own merchandise
to collect on the insurance?
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00:03:31,300 --> 00:03:33,439
No, you'd have to be pretty
desperate to do that.
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00:03:33,502 --> 00:03:36,483
Yeah. You'd have to have, like,
the state sales tax authority
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padlock your front door
for non-payment.
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That got straightened out.
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Because you came into enough
money to pay off the arrears.
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100%. And you know how
I came into the money?
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My partner went
into hock to the shys.
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And don't ask me for any names,
'cause I ain't moving to Montana
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in the Witness
Protection Program.
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Who's your partner?
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Jack Anta.
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Jacques Ricard.
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Jack and Richard.
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(SIGHING) Why not?
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He had a bypass. He had
to move to Florida.
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00:04:04,733 --> 00:04:06,576
I keep the name out of regard.
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00:04:06,669 --> 00:04:07,977
When did you get out?
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00:04:11,507 --> 00:04:12,918
What do you mean,
"When did I get out"?
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You didn't get those tattoos at a kid's
birthday party. When did you get out?
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A year ago.
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What were you in for?
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00:04:19,381 --> 00:04:20,792
Possession with intent.
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Your boss ever ask you to do something
that might get you sent back?
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00:04:25,888 --> 00:04:26,889
No.
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00:04:26,956 --> 00:04:28,196
You know we're gonna
be looking pretty hard
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for somebody who starts
a fire that a kid dies in.
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00:04:30,926 --> 00:04:32,303
I don't know anything
about that, man.
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00:04:32,361 --> 00:04:33,362
You know somebody who does?
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00:04:34,196 --> 00:04:36,369
That old woman sits in front
of the building all day.
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She saw anybody around here
last night, it wasn't me.
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00:04:40,402 --> 00:04:41,608
I gotta get back.
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00:04:44,340 --> 00:04:46,217
I don't like telling
tales but, you know,
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you got all kinds of
characters on this block.
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00:04:48,611 --> 00:04:52,423
All kinds of sex business, drugs,
people coming and going all hours.
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BRISCOE: You see anybody around last night
who might know something about the fire?
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I got my theories.
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Oh, yeah?
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00:04:57,987 --> 00:04:59,830
Yeah, like this
one with the store.
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00:04:59,955 --> 00:05:01,798
You saw somebody from
the store around here?
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00:05:02,391 --> 00:05:05,304
Last night was my program, so I
was watching the television.
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00:05:05,361 --> 00:05:08,240
But this is what these people do. They
wait for some unsuspecting person
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00:05:08,297 --> 00:05:10,743
to come in from out of town,
so they could cheat 'em.
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They're not nice.
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00:05:12,034 --> 00:05:15,106
And if they can't make a dollar any
other way, they burn the place down.
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All this poor woman's been
through until now, and now this.
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00:05:19,208 --> 00:05:21,449
Well, what has she been
through up until now?
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00:05:22,178 --> 00:05:26,320
Oh, the handicapped son,
the husband, all of it.
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What is it about the husband?
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00:05:28,918 --> 00:05:33,264
Well, I don't like to tell tales,
but there was a lot of problems.
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00:05:33,322 --> 00:05:35,165
When's the last time
you saw the husband?
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Yesterday.
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00:05:41,130 --> 00:05:43,371
Come on, Katie, let's
go get some ice cream.
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Let me know
if you need anything.
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00:05:47,670 --> 00:05:50,082
What would I do if I didn't
have her as a friend?
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00:05:51,006 --> 00:05:54,215
Mrs. Parnell, what can you
tell us about your ex-husband?
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00:05:54,944 --> 00:05:56,150
What do you want to know?
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00:05:56,212 --> 00:05:58,214
Well, when was the
last time you saw him?
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00:05:59,048 --> 00:06:00,118
I don't know.
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00:06:01,550 --> 00:06:02,824
A few weeks ago, maybe.
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00:06:03,452 --> 00:06:04,760
What about last night?
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00:06:05,788 --> 00:06:07,165
Why do you ask that?
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00:06:08,924 --> 00:06:11,700
We were told the two of you
used to quarrel quite a bit.
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00:06:12,027 --> 00:06:13,062
That's true.
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00:06:14,730 --> 00:06:16,437
That's probably
why we got divorced.
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00:06:17,399 --> 00:06:19,003
He wouldn't
start a fire, though.
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00:06:19,802 --> 00:06:22,373
That fire probably started
by something electrical.
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00:06:22,438 --> 00:06:24,884
That building had fuses
blowing all the time.
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00:06:25,641 --> 00:06:27,245
What can you tell us
about your son?
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00:06:27,309 --> 00:06:28,310
What do you mean?
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00:06:29,378 --> 00:06:31,483
What kind of condition
did he have, exactly?
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00:06:31,981 --> 00:06:33,756
What difference
does that make now?
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00:06:33,882 --> 00:06:37,591
Probably none. It would just help
us to understand the situation.
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00:06:40,990 --> 00:06:44,460
He had developmental problems.
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00:06:48,530 --> 00:06:52,569
I had a difficult pregnancy,
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00:06:54,637 --> 00:06:58,084
and he had respiratory problems
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00:06:58,440 --> 00:07:00,818
and some learning disability.
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00:07:01,944 --> 00:07:04,254
But nothing that matters now.
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00:07:06,115 --> 00:07:08,391
Where can we find your
ex-husband, Mrs. Parnell?
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00:07:10,085 --> 00:07:11,189
Colin's off today.
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00:07:11,353 --> 00:07:12,388
Did he call in sick?
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00:07:12,454 --> 00:07:13,626
That's what they tell me.
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00:07:13,722 --> 00:07:15,861
In other words, you haven't
spoken to him yourself?
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00:07:15,924 --> 00:07:17,562
Me personally? No.
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00:07:17,626 --> 00:07:18,730
Well, who has heard from him?
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00:07:18,794 --> 00:07:20,205
Has anybody talked to Colin?
151
00:07:20,262 --> 00:07:22,264
I talked to him. Did he
say where he'd be today?
152
00:07:22,331 --> 00:07:24,436
No. He just called in to
say he wouldn't be in?
153
00:07:24,500 --> 00:07:27,106
He told me what happened to his son
and said he wouldn't be in all week.
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00:07:27,169 --> 00:07:29,342
All week? He left a phone
number if I need to reach him.
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Thank you.
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00:07:33,008 --> 00:07:34,009
(KNOCK ON DOOR)
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LORI: Yeah?
Police Department.
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00:07:37,680 --> 00:07:39,125
We're looking
for Colin Parnell.
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00:07:39,848 --> 00:07:41,088
Can you tell me
what this is about?
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00:07:41,150 --> 00:07:42,686
We just need to ask him
a few questions.
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00:07:44,486 --> 00:07:45,521
He's in the other room.
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00:07:49,358 --> 00:07:50,496
BRISCOE:
You're Colin Parnell?
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00:07:51,660 --> 00:07:52,661
Yeah.
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00:07:52,828 --> 00:07:55,604
I'm Detective Briscoe,
this is Detective Green.
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We'd like to speak to you.
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00:07:56,966 --> 00:07:57,967
About the fire?
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00:07:58,133 --> 00:08:01,637
Yeah. We'd like to fill in
a couple of the blanks.
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00:08:01,737 --> 00:08:04,377
(SIGHS) Not a lot I can
help you with there.
169
00:08:05,641 --> 00:08:07,314
Tough break about your son.
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00:08:09,812 --> 00:08:11,951
What are the blanks you'd
like me to fill in?
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00:08:12,348 --> 00:08:14,521
Probably be better if you
came down off the ladder.
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00:08:18,220 --> 00:08:19,392
Okay?
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00:08:19,888 --> 00:08:22,334
When was the last time
you spoke to your ex-wife?
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00:08:23,025 --> 00:08:25,266
I don't know. I don't keep
track of things like that.
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00:08:25,327 --> 00:08:27,500
When was the last time you
were over to her apartment?
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00:08:28,230 --> 00:08:30,335
A month, six weeks.
I don't know.
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00:08:30,399 --> 00:08:31,639
ED: Not more
recently than that?
178
00:08:32,134 --> 00:08:33,135
No.
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00:08:34,036 --> 00:08:35,674
Why? Did somebody see me?
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00:08:35,738 --> 00:08:38,309
Will that determine whether or not
you're gonna tell us the truth?
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00:08:40,776 --> 00:08:43,120
I've gone to see my kids
when they weren't there.
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00:08:43,178 --> 00:08:44,657
I wasn't counting those times.
183
00:08:45,147 --> 00:08:47,149
Was yesterday
one of those times?
184
00:08:50,219 --> 00:08:51,220
Yeah.
185
00:08:51,653 --> 00:08:54,293
Yesterday was one of 'em.
Does that make me a suspect?
186
00:08:54,356 --> 00:08:57,030
Is this oil base or latex?
187
00:08:58,227 --> 00:08:59,228
Oil.
188
00:09:00,095 --> 00:09:02,006
Clean up with paint thinner?
189
00:09:02,831 --> 00:09:04,139
Yeah. So what?
190
00:09:04,700 --> 00:09:07,647
So wipe your hands.
You're going for a ride.
191
00:09:11,507 --> 00:09:14,078
Let me explain
something to you, Colin.
192
00:09:14,143 --> 00:09:16,749
Somebody set the fire
that killed your son.
193
00:09:16,812 --> 00:09:18,485
That makes it a homicide.
194
00:09:18,547 --> 00:09:22,996
And that makes your life and everybody
else's life in that building our business.
195
00:09:23,952 --> 00:09:25,659
You think I'd kill my son?
196
00:09:26,555 --> 00:09:27,556
I don't know yet.
197
00:09:28,023 --> 00:09:29,502
ED: So what'd you two
used to fight about?
198
00:09:29,925 --> 00:09:30,926
Everything.
199
00:09:31,193 --> 00:09:34,174
From the wrong brand of beer
to a towel left on the floor
200
00:09:34,596 --> 00:09:37,941
to whether or not we'd be better off
with Ian living someplace else.
201
00:09:38,000 --> 00:09:39,638
Because of
a learning disability?
202
00:09:39,902 --> 00:09:41,176
Is that what Megan called it?
203
00:09:41,236 --> 00:09:44,217
He had a learning disability
with some respiratory problems.
204
00:09:44,907 --> 00:09:47,649
Ian was borderline
retarded, epileptic.
205
00:09:47,709 --> 00:09:49,655
His digestive system
didn't work right,
206
00:09:49,711 --> 00:09:52,248
meaning he had to be
fed and cleaned up after,
207
00:09:52,314 --> 00:09:54,760
and just for laughs,
he had bad enough asthma
208
00:09:54,817 --> 00:09:56,763
that he had to have a
respirator kept by his bed.
209
00:09:57,586 --> 00:09:59,862
That'd be Megan calling
it a learning disability.
210
00:10:00,856 --> 00:10:03,564
Was it your son's condition
that led to the break-up?
211
00:10:03,759 --> 00:10:05,602
Megan saw him as God's gift.
212
00:10:06,228 --> 00:10:09,539
I'd look at him and see God's curse
and on my best days, God's joke.
213
00:10:10,432 --> 00:10:12,844
I hated her for how she
threw herself into it.
214
00:10:13,735 --> 00:10:16,113
How she never asked anything
of me, never complained.
215
00:10:16,405 --> 00:10:19,011
She made me feel like I didn't deserve
to breathe the same air as her.
216
00:10:19,741 --> 00:10:21,584
I stood it for as long
as I could stand it.
217
00:10:21,643 --> 00:10:22,781
And now you're feeling
good enough
218
00:10:22,845 --> 00:10:24,620
to paint another woman's
apartment, huh?
219
00:10:25,214 --> 00:10:27,421
I took off from work
because my son died.
220
00:10:27,516 --> 00:10:30,190
I don't know you
all that long, Colin,
221
00:10:30,252 --> 00:10:32,732
but I'm guessing that you're
a guy who has a lot of guilt.
222
00:10:33,055 --> 00:10:35,399
The Irish have a long,
proud tradition of that.
223
00:10:35,457 --> 00:10:36,902
ED: Got too much
to take?
224
00:10:36,959 --> 00:10:39,337
BRISCOE: Hey, you didn't have to be
thinking about the consequences.
225
00:10:39,394 --> 00:10:41,874
You were walking by the building
where you used to live,
226
00:10:41,930 --> 00:10:43,603
the family that
you walked out on,
227
00:10:43,932 --> 00:10:46,572
you had the paint thinner to take
to your girlfriend's apartment
228
00:10:47,569 --> 00:10:49,674
and that Irish guilt
kicked in, huh?
229
00:10:50,205 --> 00:10:51,707
I bought the paint thinner
this morning.
230
00:10:51,773 --> 00:10:52,945
I have the receipt to prove it.
231
00:10:53,008 --> 00:10:54,419
Well, where were you
last night?
232
00:10:54,710 --> 00:10:56,280
With Lori and her friends,
233
00:10:56,678 --> 00:10:59,352
first having dinner at Leshko's
and then back at her apartment.
234
00:10:59,948 --> 00:11:01,621
Can you provide us
with proof of that?
235
00:11:03,252 --> 00:11:04,253
Yeah.
236
00:11:04,353 --> 00:11:05,923
Good. You'll need to.
237
00:11:06,889 --> 00:11:08,800
He was with me
the entire night.
238
00:11:08,857 --> 00:11:10,234
With you where?
239
00:11:11,527 --> 00:11:14,770
We had dinner at Leshko's, we took a
walk through Tompkins Square Park,
240
00:11:14,830 --> 00:11:19,210
we went back to my apartment, watched
Yojimbo, had sex, went to sleep.
241
00:11:19,268 --> 00:11:20,941
BRISCOE: What time was it
when you went to sleep?
242
00:11:21,637 --> 00:11:23,617
1:30, 1:45.
243
00:11:23,672 --> 00:11:26,676
Had you had anything to drink,
anything to smoke before that?
244
00:11:27,843 --> 00:11:29,720
You guys are a joke,
you know that?
245
00:11:29,778 --> 00:11:32,884
Yeah, well, we're just trying to figure
out if you might be off about the time.
246
00:11:32,948 --> 00:11:34,950
Nobody told you
about this kid and fire?
247
00:11:35,017 --> 00:11:37,293
We're cops.
Nobody tells us anything.
248
00:11:37,352 --> 00:11:39,298
The kid was obsessed with fire.
249
00:11:39,621 --> 00:11:41,692
You couldn't put lit candles
on his birthday cake
250
00:11:41,757 --> 00:11:43,498
'cause he wouldn't
stop staring at them.
251
00:11:43,759 --> 00:11:46,365
He started fires a dozen
times in the past.
252
00:11:46,428 --> 00:11:48,931
Why wouldn't either his mother
or father have mentioned that?
253
00:11:49,231 --> 00:11:52,644
They'd rather not think about the
possibility that he did this to himself.
254
00:11:54,603 --> 00:11:55,980
You talk to Colin?
255
00:11:56,505 --> 00:11:59,418
Yeah. According to him, your
son was severely handicapped.
256
00:11:59,474 --> 00:12:00,782
Sure. According to him.
257
00:12:00,842 --> 00:12:03,789
He found the least little thing we had
to do for Ian utterly overwhelming.
258
00:12:03,845 --> 00:12:06,792
We were told that Ian
was prone to starting fires.
259
00:12:12,588 --> 00:12:15,592
I stopped smoking so there
wouldn't be matches around.
260
00:12:16,558 --> 00:12:20,870
I replaced the gas stove in the
apartment with an electric.
261
00:12:20,929 --> 00:12:23,671
Was he out of your sight long
enough to have set that fire?
262
00:12:25,968 --> 00:12:27,003
Yeah.
263
00:12:28,236 --> 00:12:31,115
BRISCOE: Since you stopped smoking,
where'd he get the matches?
264
00:12:31,173 --> 00:12:33,744
I don't know. I must've had a
pack hidden away somewhere.
265
00:12:33,809 --> 00:12:34,981
Mommy!
266
00:12:35,277 --> 00:12:36,881
Mommy, watch me!
267
00:12:37,012 --> 00:12:38,013
Excuse me.
268
00:12:39,281 --> 00:12:41,283
Wherever she hid 'em,
he must have found 'em.
269
00:12:41,817 --> 00:12:43,194
And the paint thinner?
270
00:12:46,488 --> 00:12:49,162
I kept the supply room locked.
Always.
271
00:12:49,224 --> 00:12:50,862
Where was the key?
Above the door.
272
00:12:50,959 --> 00:12:52,131
How high is that?
273
00:12:52,894 --> 00:12:54,100
Did Ian know it was up there?
274
00:12:54,196 --> 00:12:55,470
Maybe he did.
275
00:12:55,530 --> 00:12:59,034
As long as I wasn't using anything that
made noise, he liked to hang around me.
276
00:12:59,401 --> 00:13:02,109
When I mopped or
changed the light bulbs,
277
00:13:02,537 --> 00:13:03,914
I made it like
he was helping me.
278
00:13:05,107 --> 00:13:07,815
He could've known the
key was up there. Sure.
279
00:13:07,876 --> 00:13:09,514
He had a history
of starting fires.
280
00:13:09,578 --> 00:13:11,615
He could've set this one
and then forgotten about it.
281
00:13:11,680 --> 00:13:14,456
Gone to sleep and died
of smoke inhalation.
282
00:13:14,516 --> 00:13:17,759
I'm just not sure this kid was
capable of setting this fire.
283
00:13:17,819 --> 00:13:20,390
But you said
he set them in the past.
284
00:13:20,455 --> 00:13:23,334
Hey, setting a match to a
newspaper is one thing.
285
00:13:23,592 --> 00:13:26,766
Here he's dragging something to
stand on over to the closet door,
286
00:13:26,828 --> 00:13:29,536
reaching up for the key,
unlocking the door,
287
00:13:29,598 --> 00:13:32,101
pulling out the can of paint
thinner, opening it, pouring it...
288
00:13:32,167 --> 00:13:34,477
Yeah, but did he know the
paint thinner would work?
289
00:13:34,536 --> 00:13:36,516
I mean, what is this kid's IQ?
290
00:13:36,571 --> 00:13:39,142
His father and his mother have
completely different stories.
291
00:13:40,342 --> 00:13:42,413
Maybe you should
talk to someone else.
292
00:13:45,447 --> 00:13:49,293
SWANSON: Ian had a condition known as
childhood disintegrative disorder.
293
00:13:49,851 --> 00:13:52,354
In some ways,
it resembled severe autism,
294
00:13:52,421 --> 00:13:55,800
but then it comes accompanied with a
whole host of other problems as well.
295
00:13:55,924 --> 00:13:57,130
How long was he a student here?
296
00:13:57,192 --> 00:13:58,193
Five years.
297
00:13:58,560 --> 00:14:00,562
At a certain point,
his condition worsened.
298
00:14:00,629 --> 00:14:03,132
It became impossible for
us to care for him here.
299
00:14:03,198 --> 00:14:04,609
In what way did it worsen?
300
00:14:05,133 --> 00:14:07,113
He'd become
increasingly aggressive,
301
00:14:07,169 --> 00:14:08,170
violent,
302
00:14:08,704 --> 00:14:10,741
his motor skills deteriorated,
303
00:14:10,806 --> 00:14:12,376
he required constant monitoring
304
00:14:12,441 --> 00:14:14,717
of his respiratory
and digestive functions.
305
00:14:14,776 --> 00:14:18,155
When you say his
motor skills deteriorated,
306
00:14:18,213 --> 00:14:19,385
what does that mean?
307
00:14:19,448 --> 00:14:22,861
Loss of hand-eye coordination,
balance, equilibrium.
308
00:14:23,418 --> 00:14:26,228
Could he use a key
to unlock a door?
309
00:14:26,655 --> 00:14:29,727
Possibly, if he was familiar
with the key and the door
310
00:14:29,791 --> 00:14:32,294
and there were no additional
obstacles in his way.
311
00:14:32,361 --> 00:14:34,102
How about finding
something to stand on,
312
00:14:34,162 --> 00:14:36,005
reaching over the door jamb
and taking the key down?
313
00:14:36,064 --> 00:14:37,065
Not this kid.
314
00:14:38,900 --> 00:14:40,402
BRISCOE: Thanks
for your time, Doctor.
315
00:14:41,536 --> 00:14:44,176
Ian used to be
a sweet, happy boy.
316
00:14:44,239 --> 00:14:47,777
His mother worked so hard at
believing that Ian could improve,
317
00:14:48,276 --> 00:14:50,017
that he could be mainstreamed.
318
00:14:50,078 --> 00:14:52,957
What she found out was that
Ian would only get worse.
319
00:14:53,815 --> 00:14:55,852
I watched it sink in and
I thought it would kill her.
320
00:14:56,451 --> 00:14:57,452
It nearly did.
321
00:14:59,721 --> 00:15:01,564
I'm sorry, Megan's not here.
322
00:15:01,757 --> 00:15:02,827
BRISCOE: Do you
know where she is?
323
00:15:02,891 --> 00:15:05,098
I think Katie had a play
date with a friend.
324
00:15:05,160 --> 00:15:07,800
(COUGHING) Excuse me.
325
00:15:08,597 --> 00:15:10,508
Could I possibly trouble
you for a glass of water?
326
00:15:10,565 --> 00:15:12,841
Oh, it's no trouble at all.
Would you like some, too?
327
00:15:12,901 --> 00:15:13,902
Great. Yeah.
328
00:15:18,507 --> 00:15:19,918
BRISCOE: Well,
how's Megan holding up?
329
00:15:20,175 --> 00:15:21,415
ELEANOR:
She's hanging in there.
330
00:15:21,743 --> 00:15:24,587
I think spending time with
Katie really helps her.
331
00:15:24,746 --> 00:15:27,420
BRISCOE: Yeah. I guess if
anything would help, that would.
332
00:15:28,116 --> 00:15:29,117
Thanks.
333
00:15:29,284 --> 00:15:30,661
Megan and her daughter
sleep out here?
334
00:15:31,052 --> 00:15:32,998
It's not the Carlyle,
but we're making do.
335
00:15:33,188 --> 00:15:34,462
Well, you're a good friend.
336
00:15:34,523 --> 00:15:36,469
That's what counts
at a time like this.
337
00:15:37,125 --> 00:15:38,866
Is this Megan's nightgown?
Uh-huh.
338
00:15:39,094 --> 00:15:41,836
Lennie, didn't they want to run those
tests on an article of clothing?
339
00:15:41,897 --> 00:15:44,605
Oh, yeah. The guy kept calling
me, leaving me messages.
340
00:15:44,666 --> 00:15:46,077
I keep forgetting to
do anything about it.
341
00:15:46,735 --> 00:15:48,772
Thank you. You think
she'd mind if we took this?
342
00:15:48,837 --> 00:15:50,111
What's it for?
343
00:15:51,406 --> 00:15:53,249
The fire department, whenever
there's a loss of life,
344
00:15:53,308 --> 00:15:55,345
they run these
trans-iridium tests.
345
00:15:55,777 --> 00:15:57,848
I can't imagine
she'd mind if you took it.
346
00:15:58,313 --> 00:16:01,123
Well, thanks. We'll get it back to
her as soon as they're done with it.
347
00:16:03,518 --> 00:16:05,930
We're not seeing drugs
and alcohol involved.
348
00:16:05,987 --> 00:16:07,967
From all reports,
she's a solid citizen.
349
00:16:08,023 --> 00:16:10,503
The ex-husband's alibi checks out?
Yup.
350
00:16:10,559 --> 00:16:13,733
And the mother hasn't taken up with
some skel we should be looking at?
351
00:16:13,795 --> 00:16:16,173
No. Her whole life's
about caring for her son.
352
00:16:16,231 --> 00:16:17,539
She hasn't taken up
with anybody.
353
00:16:17,599 --> 00:16:19,545
It's hard for me to imagine
this fits the profile
354
00:16:19,601 --> 00:16:21,603
of mothers who
kill their own kids.
355
00:16:21,837 --> 00:16:23,339
Lieutenant?
Yeah.
356
00:16:24,172 --> 00:16:25,242
Thanks.
357
00:16:29,110 --> 00:16:33,115
And you were your usual painstaking
selves in obtaining the nightgown?
358
00:16:33,181 --> 00:16:34,387
Absolutely.
359
00:16:34,449 --> 00:16:35,450
Good.
360
00:16:35,784 --> 00:16:37,286
There's paint thinner on it.
361
00:16:41,022 --> 00:16:44,765
I went to bed at 10:30,
woke up, smelled smoke
362
00:16:44,826 --> 00:16:46,237
and ran out of my room.
363
00:16:46,361 --> 00:16:47,362
ED: Where did you go?
364
00:16:49,531 --> 00:16:52,876
I told you where I went. I
went to try and save my son.
365
00:16:53,101 --> 00:16:55,172
But you couldn't?
No.
366
00:16:55,804 --> 00:16:56,805
I couldn't.
367
00:16:59,107 --> 00:17:01,678
I went to try to open his door
368
00:17:01,910 --> 00:17:03,753
and the doorknob
was too hot to touch.
369
00:17:04,346 --> 00:17:07,225
Plus, there was flames and
smoke and I couldn't get in.
370
00:17:07,682 --> 00:17:09,684
The problem is,
Mrs. Parnell,
371
00:17:09,751 --> 00:17:12,960
is that your son's
door wasn't closed.
372
00:17:16,091 --> 00:17:17,195
It wasn't closed?
373
00:17:19,060 --> 00:17:22,007
No. These marks on the ceiling
show that it was open.
374
00:17:23,732 --> 00:17:25,712
I remember it being closed.
375
00:17:26,401 --> 00:17:28,574
If I'm wrong, maybe I was
in a state of panic or...
376
00:17:28,637 --> 00:17:30,207
You also never went to bed.
377
00:17:31,139 --> 00:17:32,379
What are you talking about?
378
00:17:33,074 --> 00:17:36,283
Your bedroom door was closed.
It slowed down the fire.
379
00:17:38,446 --> 00:17:40,323
Your bed was completely intact.
380
00:17:40,849 --> 00:17:41,850
See?
381
00:17:42,317 --> 00:17:43,921
Blanket's pulled all the way
up to the top of the bed.
382
00:17:44,686 --> 00:17:46,063
BRISCOE: That bed
was never slept in.
383
00:17:46,121 --> 00:17:47,327
MEGAN:
It was a warm night.
384
00:17:47,389 --> 00:17:48,959
I slept on top of the blankets.
385
00:17:49,824 --> 00:17:51,565
BRISCOE: You're not
helping yourself, Megan.
386
00:17:53,662 --> 00:17:55,539
Are you saying
I killed my own son?
387
00:17:56,031 --> 00:17:59,274
What we're saying is you were
in a desperate situation
388
00:17:59,334 --> 00:18:02,941
and maybe without meaning to,
you looked to get out of it.
389
00:18:03,004 --> 00:18:04,847
I never looked to
get out of anything.
390
00:18:04,940 --> 00:18:06,681
The fire was set, Megan.
391
00:18:06,975 --> 00:18:08,010
So what?
392
00:18:08,843 --> 00:18:11,016
So why is it you think I'm the
only one who could've set it?
393
00:18:11,913 --> 00:18:14,393
We found paint thinner
on your nightgown.
394
00:18:21,656 --> 00:18:23,567
I think maybe I should
talk to a lawyer.
395
00:18:25,493 --> 00:18:27,473
I think maybe she's right.
396
00:18:36,504 --> 00:18:38,040
Jack? Jack!
397
00:18:41,509 --> 00:18:42,510
Good morning.
398
00:18:42,777 --> 00:18:44,688
Mayor Giuliani.
CARMICHAEL: Good morning, Mr. Mayor.
399
00:18:45,146 --> 00:18:47,490
I'm here to accompany Nora
on her first day of school.
400
00:18:48,283 --> 00:18:50,559
Jack and I know each other,
401
00:18:50,752 --> 00:18:52,823
but Miss Carmichael, I don't
believe we've ever met.
402
00:18:52,921 --> 00:18:54,161
No, we haven't.
How do you do?
403
00:18:54,222 --> 00:18:57,294
Well, to tell you the truth,
I'm a little nervous.
404
00:18:57,359 --> 00:19:00,135
Nora and I worked together
on many organized crime cases.
405
00:19:00,195 --> 00:19:02,766
She was always nervous,
but always brilliant.
406
00:19:02,831 --> 00:19:06,074
Well, it is a little daunting
coming in behind Adam Schiff.
407
00:19:06,301 --> 00:19:09,805
He called me last night. He said you
were a great interim appointment.
408
00:19:09,871 --> 00:19:11,316
And he was very impressed.
409
00:19:11,373 --> 00:19:13,979
Gee, I don't think I've ever
known Adam to be impressed.
410
00:19:14,042 --> 00:19:15,919
Well, he asked me
not to repeat that part.
411
00:19:15,977 --> 00:19:18,253
Ah! I gotta get
back to City Hall.
412
00:19:19,080 --> 00:19:21,185
You're going to be
absolutely terrific.
413
00:19:22,417 --> 00:19:23,987
You've been doing
a great job, Jack.
414
00:19:24,719 --> 00:19:26,096
Keep up the good work.
Thank you, Mr. Mayor.
415
00:19:26,154 --> 00:19:27,428
Thank you very much.
416
00:19:28,923 --> 00:19:31,062
Did Adam say where
he was calling from?
417
00:19:31,126 --> 00:19:34,835
Vienna. He's been meeting with
Wiesenthal on the Holocaust reparations.
418
00:19:35,296 --> 00:19:37,674
He seems to be getting a lot
of satisfaction from his work.
419
00:19:38,066 --> 00:19:39,739
That's great. That's good.
420
00:19:42,570 --> 00:19:45,517
Murder in the second degree.
How does the defendant plead?
421
00:19:45,974 --> 00:19:47,544
Barry Peck for the
Defense, Your Honor.
422
00:19:47,609 --> 00:19:49,452
I know who you are, Counselor.
423
00:19:49,511 --> 00:19:51,320
My client pleads not guilty.
424
00:19:51,780 --> 00:19:54,556
People request bail in
the amount of $500,000.
425
00:19:54,616 --> 00:19:57,119
What an unconscionable abuse
of the judicial process.
426
00:19:57,185 --> 00:19:58,493
Mr. Peck!
Your Honor,
427
00:19:59,120 --> 00:20:00,121
forgive me.
428
00:20:00,355 --> 00:20:03,996
This woman has had to endure the
untimely death of one child.
429
00:20:04,059 --> 00:20:06,972
She asks that the imposition
of bail, in any amount,
430
00:20:07,028 --> 00:20:11,272
not serve to separate her from her remaining
child pending resolution of this matter.
431
00:20:11,332 --> 00:20:15,405
This woman is charged with bringing
about the untimely death of her child.
432
00:20:15,470 --> 00:20:18,883
The heinous nature of the crime
requires the imposition of high bail.
433
00:20:18,940 --> 00:20:21,580
Why is she compounding
this woman's tragedy?
434
00:20:21,943 --> 00:20:24,355
Your Honor, I hope the court
recognizes that this prosecution
435
00:20:24,412 --> 00:20:27,120
would not have been undertaken had
there not been substantial evidence
436
00:20:27,182 --> 00:20:28,354
of the defendant's guilt.
437
00:20:28,416 --> 00:20:29,918
That is a blatant falsehood.
438
00:20:29,984 --> 00:20:31,759
You know it to be
a blatant falsehood,
439
00:20:31,820 --> 00:20:34,528
and I'm offended at having to address
you as an officer of the court.
440
00:20:34,589 --> 00:20:36,125
Can it, Counselor.
441
00:20:36,191 --> 00:20:38,569
Bail is set in the
amount of $100,000.
442
00:20:38,626 --> 00:20:40,537
(GAVEL POUNDS)
Call the next case.
443
00:20:41,529 --> 00:20:42,530
PECK: Abbie.
444
00:20:43,231 --> 00:20:45,905
Sorry about the rhetorical
excesses in there.
445
00:20:45,967 --> 00:20:47,878
I'm kind of a take no
prisoners type litigator.
446
00:20:47,936 --> 00:20:50,109
Is that right? Well, when you
get to know me you'll see
447
00:20:50,171 --> 00:20:51,582
I don't take it
outside the courtroom.
448
00:20:51,639 --> 00:20:53,118
I don't plan to
get to know you.
449
00:20:53,575 --> 00:20:55,248
The heart's an unruly
little Chihuahua.
450
00:20:55,310 --> 00:20:57,017
You might get to
know me very well.
451
00:20:57,679 --> 00:20:59,920
You want to talk
about a deal, talk.
452
00:21:00,548 --> 00:21:02,926
I have that rarest
of all birds, my sweet,
453
00:21:02,984 --> 00:21:04,190
an innocent client.
454
00:21:04,252 --> 00:21:07,199
The only deal I'm looking for
is one in which she walks away.
455
00:21:07,255 --> 00:21:08,893
Well, then
I'll see you in court.
456
00:21:09,290 --> 00:21:10,428
Do me a favor.
457
00:21:11,493 --> 00:21:12,733
Wear those heels.
458
00:21:16,931 --> 00:21:18,604
What's her lawyer hoping for?
459
00:21:18,666 --> 00:21:21,545
He's hoping a jury will find her
too sympathetic to convict.
460
00:21:22,070 --> 00:21:23,071
Is she?
461
00:21:23,338 --> 00:21:25,045
Not as far as I'm concerned.
462
00:21:25,206 --> 00:21:27,413
She kills her son, she
sets fire to a building,
463
00:21:27,475 --> 00:21:29,853
endangers who knows
how many other people's lives.
464
00:21:30,478 --> 00:21:31,684
Once you get past her
being pretty,
465
00:21:31,746 --> 00:21:33,350
I don't think she's got
a lot else going for her.
466
00:21:33,415 --> 00:21:36,123
She did spend the last 12 years
taking care of this kid.
467
00:21:36,251 --> 00:21:37,730
Well, that's what
she's supposed to do.
468
00:21:37,786 --> 00:21:38,890
I understand.
469
00:21:39,420 --> 00:21:42,060
We still have to expect them
to use her son's condition
470
00:21:42,457 --> 00:21:44,596
to cultivate sympathy
for the defendant.
471
00:21:44,659 --> 00:21:47,469
Then you use it to cultivate
sympathy for her son.
472
00:21:48,463 --> 00:21:50,636
Is taking the life of
a person with disabilities
473
00:21:50,698 --> 00:21:53,804
any less of a crime than taking the
life of a person without them?
474
00:21:53,868 --> 00:21:55,108
Absolutely not.
475
00:21:55,170 --> 00:21:59,141
Since the underlying crime is arson, why
aren't we trying her for felony murder?
476
00:21:59,207 --> 00:22:02,518
There's not a jury in the world
that would convict her of it.
477
00:22:03,044 --> 00:22:06,253
Are we vulnerable to a defense of
extreme emotional disturbance,
478
00:22:06,314 --> 00:22:08,021
bringing it down
to manslaughter?
479
00:22:08,116 --> 00:22:10,187
I don't think it's
proximate enough in time.
480
00:22:10,251 --> 00:22:12,561
The extreme emotional disturbance
is one she was living with
481
00:22:12,620 --> 00:22:13,758
for 12 years.
482
00:22:13,822 --> 00:22:15,597
We have her deliberately
setting the fire?
483
00:22:15,690 --> 00:22:18,136
Yes. And we have a witness
we're hoping will give us
484
00:22:18,193 --> 00:22:19,331
her state of mind at the time.
485
00:22:19,394 --> 00:22:20,964
Abbie needs to interview her.
486
00:22:21,029 --> 00:22:23,703
Well, if we have her for the fire,
then we have her for murder two.
487
00:22:28,136 --> 00:22:30,116
I saw him
at least once a month.
488
00:22:30,171 --> 00:22:32,811
Fractured skull,
broken wrist, broken ribs.
489
00:22:33,675 --> 00:22:35,450
Was he being physically abused?
490
00:22:35,510 --> 00:22:36,580
Not at all.
491
00:22:36,644 --> 00:22:40,683
The fractured skull came from
autistic-type head banging,
492
00:22:40,748 --> 00:22:43,024
the broken wrist
from an epileptic seizure,
493
00:22:43,084 --> 00:22:44,995
the broken ribs from a fall.
494
00:22:45,220 --> 00:22:47,200
The hospital also
treated his mother.
495
00:22:47,488 --> 00:22:48,489
For what?
496
00:22:49,324 --> 00:22:51,804
He was having a seizure and she tried
to hold him down to protect him
497
00:22:51,860 --> 00:22:55,239
and he threw her halfway across the
room, chipped a bone in her elbow.
498
00:22:55,496 --> 00:22:57,840
I told her he needed
to be in a home.
499
00:22:58,132 --> 00:22:59,338
And what did she say?
500
00:23:00,168 --> 00:23:01,545
He'd be better off dead.
501
00:23:03,071 --> 00:23:04,448
Your Honor,
it's our contention,
502
00:23:04,505 --> 00:23:07,213
and I think I'm on very solid
legal ground making it,
503
00:23:07,275 --> 00:23:09,846
that this emergency
room doctor's testimony
504
00:23:09,911 --> 00:23:11,686
falls squarely
under the heading
505
00:23:11,746 --> 00:23:15,193
of privileged communication and
should be excluded perforce.
506
00:23:15,250 --> 00:23:18,231
JUDGE SCHEPPS: Who was the patient
at the time she made the statement?
507
00:23:18,353 --> 00:23:19,525
Her son was.
508
00:23:19,687 --> 00:23:22,031
Privilege doesn't come
into play.
509
00:23:22,090 --> 00:23:24,036
The testimony's in.
What else?
510
00:23:24,092 --> 00:23:27,073
Well, I think it's self-evident
that the nightgown doesn't come in.
511
00:23:27,161 --> 00:23:28,697
Assume it's
not self-evident.
512
00:23:28,763 --> 00:23:30,765
No warrant, no consent.
513
00:23:30,832 --> 00:23:32,641
The defendant's friend
gave consent.
514
00:23:32,700 --> 00:23:34,873
She didn't have the
right to give consent.
515
00:23:34,936 --> 00:23:37,678
Case law says, and I can stack
'em as high as you like,
516
00:23:37,739 --> 00:23:40,345
that where there's a reasonable
expectation of privacy,
517
00:23:40,408 --> 00:23:42,547
cops can't go in
and start grabbing.
518
00:23:42,610 --> 00:23:45,352
Where in the apartment
was the nightgown found?
519
00:23:45,413 --> 00:23:46,687
The living room floor.
520
00:23:47,048 --> 00:23:49,460
Has the defendant's
friend affirmed that?
521
00:23:49,517 --> 00:23:51,656
She has, Your Honor.
We have a sworn affidavit.
522
00:23:51,719 --> 00:23:56,099
Judge, even if you grant consent to
search, they had no right to seize.
523
00:23:56,157 --> 00:23:58,501
Consent to seize motion
wasn't briefed, Your Honor.
524
00:23:58,560 --> 00:24:01,200
Motion's denied.
Nightgown comes in.
525
00:24:06,868 --> 00:24:10,042
Mr. Gee, did you undertake
tests on the back steps
526
00:24:10,104 --> 00:24:12,175
leading up to the
defendant's apartment?
527
00:24:12,240 --> 00:24:17,019
Yes. We used a methyl silicone gum capillary
to extract volatile hydrocarbons.
528
00:24:17,211 --> 00:24:18,212
What did you find?
529
00:24:18,279 --> 00:24:21,658
Several alkane peaks that indicated
a class three accelerant.
530
00:24:21,950 --> 00:24:25,693
Can you be specific as to which
class three accelerant it was?
531
00:24:25,887 --> 00:24:27,594
In my opinion,
it was paint thinner.
532
00:24:28,089 --> 00:24:30,467
This is the chromatograph
in question? Yes.
533
00:24:31,059 --> 00:24:32,538
People's exhibit 1A.
534
00:24:35,797 --> 00:24:37,367
And what does this represent?
535
00:24:37,432 --> 00:24:38,843
That's from the nightgown.
536
00:24:40,068 --> 00:24:42,014
People's exhibit 1 B.
537
00:24:44,572 --> 00:24:46,609
These look remarkably similar.
538
00:24:47,175 --> 00:24:49,086
There was paint thinner
on the nightgown, too.
539
00:24:49,644 --> 00:24:50,645
Thank you.
540
00:24:52,413 --> 00:24:53,414
Mr. Gee,
541
00:24:53,748 --> 00:24:57,753
you maintain that these graphs
indicate a class three accelerant,
542
00:24:57,819 --> 00:24:58,957
such as paint thinner.
543
00:24:59,187 --> 00:25:00,188
Correct.
544
00:25:00,288 --> 00:25:02,359
What other class three
accelerants are there?
545
00:25:03,358 --> 00:25:05,235
Dry cleaning solvents,
charcoal lighters...
546
00:25:05,293 --> 00:25:07,136
So in other words,
547
00:25:09,063 --> 00:25:12,044
this graph might
show paint thinner
548
00:25:12,100 --> 00:25:14,341
and this graph
might show lighter fluid.
549
00:25:14,402 --> 00:25:15,472
It's not possible.
550
00:25:15,770 --> 00:25:17,716
It's not possible
551
00:25:17,772 --> 00:25:20,412
that Ms. Parnell was trying
to get a spot out of a dress
552
00:25:20,475 --> 00:25:21,681
or grilled up a hot dog,
553
00:25:21,743 --> 00:25:24,451
and that that's what put the
accelerant on her nightgown?
554
00:25:24,512 --> 00:25:25,650
That's not possible?
555
00:25:25,713 --> 00:25:28,694
The number of peaks on the graph
would be different in this case.
556
00:25:28,950 --> 00:25:31,328
What's on the nightgown
is paint thinner.
557
00:25:32,086 --> 00:25:33,087
So you say.
558
00:25:34,422 --> 00:25:35,992
I'm through with this witness.
559
00:25:38,092 --> 00:25:39,969
HARRIS: Because her
bedroom door was closed
560
00:25:40,161 --> 00:25:43,108
and the room itself was far
away from the point of origin,
561
00:25:43,264 --> 00:25:45,767
the damage to the defendant's
bed was relatively minor.
562
00:25:46,067 --> 00:25:48,047
In what position
did you find her blanket?
563
00:25:48,536 --> 00:25:51,278
As you can see in the photos,
it was still tucked in.
564
00:25:52,940 --> 00:25:55,147
Are you aware of the defendant's
statement to the police
565
00:25:55,209 --> 00:25:57,621
that she was asleep in bed
when the fire started?
566
00:25:57,745 --> 00:25:58,849
Yes, I am.
567
00:25:58,913 --> 00:26:00,756
Have you ever heard of somebody
568
00:26:01,082 --> 00:26:03,688
waking up with flames
all around them
569
00:26:03,751 --> 00:26:06,732
and tucking in their blanket
before they run out the door?
570
00:26:06,788 --> 00:26:08,131
HARRIS:
Not in my experience.
571
00:26:08,189 --> 00:26:11,534
JACK: How about closing the door
behind them after they run out?
572
00:26:11,893 --> 00:26:12,894
No, sir.
573
00:26:13,161 --> 00:26:14,401
Thank you.
No more questions.
574
00:26:16,898 --> 00:26:17,899
Your witness.
575
00:26:19,734 --> 00:26:22,510
Is it possible to fall asleep
on top of the blankets?
576
00:26:22,904 --> 00:26:24,315
It's possible.
577
00:26:24,572 --> 00:26:26,643
On a hot night
you could even say,
578
00:26:26,707 --> 00:26:29,483
could you not, that it was more
than possible, it was common?
579
00:26:29,811 --> 00:26:32,121
The night of the fire
was 54 degrees.
580
00:26:32,480 --> 00:26:35,256
Well, if someone was reading
a book or a magazine,
581
00:26:35,316 --> 00:26:37,318
they might fall asleep
on top of the blankets
582
00:26:37,385 --> 00:26:39,331
regardless of temperature,
mightn't they?
583
00:26:41,355 --> 00:26:42,356
They might.
584
00:26:42,657 --> 00:26:43,965
No further questions.
585
00:26:46,360 --> 00:26:49,341
But no books or magazines were
found by the defendant's bed.
586
00:26:56,637 --> 00:26:59,140
BALAKRISHNA: I saw Ms. Parnell
two days before the fire.
587
00:26:59,240 --> 00:27:01,151
JACK: What did she say
about her son at that time?
588
00:27:02,110 --> 00:27:05,353
She said that his seizures were getting
more violent and more frequent,
589
00:27:05,413 --> 00:27:08,087
that the anti-convulsants
weren't working.
590
00:27:08,149 --> 00:27:10,720
She said that she
was afraid for her son.
591
00:27:10,785 --> 00:27:12,093
That she didn't know
what to do.
592
00:27:12,153 --> 00:27:13,564
What did you recommend?
593
00:27:13,621 --> 00:27:17,068
I recommended that she place
him in a residential facility.
594
00:27:17,458 --> 00:27:18,937
What was her response?
595
00:27:19,193 --> 00:27:20,797
She said that
she had looked into it,
596
00:27:20,862 --> 00:27:22,967
but that every halfway
decent group home
597
00:27:23,030 --> 00:27:26,102
that was equipped to handle
her son's medical needs
598
00:27:26,167 --> 00:27:28,579
had at least
a five year waiting list.
599
00:27:29,070 --> 00:27:32,745
She said that if it came to
putting him in an institution
600
00:27:33,007 --> 00:27:34,918
that he'd be better off dead.
601
00:27:35,510 --> 00:27:37,421
Thank you, Doctor.
I have nothing further.
602
00:27:38,145 --> 00:27:40,819
Dr. Balakrishna, you're
from Pakistan, aren't you?
603
00:27:40,882 --> 00:27:42,122
Objection. Irrelevant.
604
00:27:42,183 --> 00:27:43,491
JUDGE SCHEPPS: Sustained.
605
00:27:44,552 --> 00:27:46,793
I'm sure that
wherever you're from,
606
00:27:47,054 --> 00:27:49,330
people exaggerate
sometimes, don't they?
607
00:27:49,524 --> 00:27:50,525
Yes.
608
00:27:50,892 --> 00:27:54,135
Doesn't the phrase,
"He'd be better off dead"
609
00:27:54,262 --> 00:27:56,367
sound to you
like an exaggeration?
610
00:27:56,497 --> 00:27:58,033
I thought so at the time.
611
00:27:59,667 --> 00:28:01,647
And what did you think
at the time
612
00:28:01,702 --> 00:28:04,148
of Megan Parnell's
feelings toward her son?
613
00:28:04,705 --> 00:28:06,343
I thought that she loved him,
614
00:28:06,874 --> 00:28:08,478
that she cared
very deeply about him.
615
00:28:08,543 --> 00:28:11,547
Did you think at the time
that she wanted him dead?
616
00:28:11,612 --> 00:28:13,091
Objection.
Speculative.
617
00:28:13,147 --> 00:28:14,353
JUDGE SCHEPPS: Sustained.
618
00:28:14,415 --> 00:28:17,760
Did she say she wanted him dead?
No.
619
00:28:17,819 --> 00:28:19,526
As a matter of fact, Doctor,
620
00:28:19,587 --> 00:28:22,727
didn't she ask you about alternative
treatments for her son?
621
00:28:22,790 --> 00:28:23,791
Yes, she did.
622
00:28:24,325 --> 00:28:27,465
Did she ask you about a place
she could take her son?
623
00:28:27,662 --> 00:28:30,836
Somewhere in the world, where
she could take her son
624
00:28:31,098 --> 00:28:33,271
that something
might be done for him?
625
00:28:33,668 --> 00:28:35,511
Yes, she did ask me that.
626
00:28:35,736 --> 00:28:41,118
Does that sound to you like someone who
was looking to end her son's life?
627
00:28:41,609 --> 00:28:43,748
No, it doesn't.
628
00:28:45,813 --> 00:28:46,814
Thank you, Doctor.
629
00:28:47,982 --> 00:28:49,154
I have nothing further.
630
00:28:53,120 --> 00:28:55,566
I think we might have come in
a little high at murder two.
631
00:28:55,623 --> 00:28:56,897
What was her intent?
632
00:28:57,258 --> 00:28:59,169
Her intent was to set a fire.
633
00:28:59,427 --> 00:29:02,636
That doesn't mean an emotional
disturbance defense won't fly.
634
00:29:02,864 --> 00:29:06,869
The fact is she went to this
emergency room doctor that week,
635
00:29:06,934 --> 00:29:08,607
she was confronted
with the hopelessness
636
00:29:08,669 --> 00:29:10,478
of her son's condition
and she reacted.
637
00:29:10,538 --> 00:29:13,382
Is that a legal opinion
or an emotional response?
638
00:29:13,441 --> 00:29:14,818
It's a legal opinion.
639
00:29:14,875 --> 00:29:17,151
Is it your legal opinion
that justice is served
640
00:29:17,211 --> 00:29:19,191
by letting her enter
a plea to manslaughter?
641
00:29:19,347 --> 00:29:20,883
Yes.
Abbie?
642
00:29:23,017 --> 00:29:24,462
I'll defer to Jack on this one.
643
00:29:27,254 --> 00:29:28,255
Got to it.
644
00:29:28,656 --> 00:29:29,657
Thank you.
645
00:29:31,559 --> 00:29:33,971
Are you expecting us to fall
to our knees in gratitude?
646
00:29:34,061 --> 00:29:36,940
I expect you to recognize this is
the best deal you're going to get
647
00:29:36,998 --> 00:29:39,069
and advise
your client accordingly.
648
00:29:39,133 --> 00:29:40,703
I'd have to go
to prison, though.
649
00:29:41,135 --> 00:29:43,376
Any deal is going
to entail prison time.
650
00:29:43,437 --> 00:29:45,849
I don't think I can bear to be
separated from my daughter.
651
00:29:45,907 --> 00:29:47,215
JACK: If you're found
guilty of murder,
652
00:29:47,275 --> 00:29:49,277
you'll be separated
for a lot longer.
653
00:29:49,343 --> 00:29:51,220
The long and short
of it, guys, is
654
00:29:51,379 --> 00:29:53,290
we'll take our chances
with the jury.
655
00:29:53,347 --> 00:29:55,725
You mean, she'll take
her chances with the jury.
656
00:29:56,050 --> 00:29:58,257
I don't distance myself
from my clients.
657
00:29:58,319 --> 00:29:59,320
Okay.
658
00:29:59,921 --> 00:30:00,922
We're due in court.
659
00:30:04,625 --> 00:30:05,763
At this time, Your Honor,
660
00:30:05,826 --> 00:30:08,932
the Defense moves to dismiss all
charges against Megan Parnell
661
00:30:08,996 --> 00:30:12,500
on the grounds that the Prosecution has
failed to make out a prima facie case.
662
00:30:12,566 --> 00:30:14,307
Denied. Approach.
663
00:30:18,873 --> 00:30:21,410
Is there a plea to
be worked out here?
664
00:30:21,475 --> 00:30:24,354
We've offered man one, Your Honor, but
defense counsel's not interested.
665
00:30:24,579 --> 00:30:27,116
Can you explain your thinking
on that one, Mr. Peck?
666
00:30:27,415 --> 00:30:31,386
Your Honor, while I'm aware of the potential
cumulative impact of the evidence,
667
00:30:31,452 --> 00:30:33,295
circumstantial
though it may be,
668
00:30:33,421 --> 00:30:35,697
I don't believe the interests
of justice are served
669
00:30:35,756 --> 00:30:38,498
by exposing my client
to criminal penalties
670
00:30:38,559 --> 00:30:40,505
a manslaughter plea
might entail.
671
00:30:40,561 --> 00:30:43,098
Therefore at this time, after
having consulted with my client,
672
00:30:43,164 --> 00:30:46,771
I'd like to change our plea to not guilty
by reason of mental disease or defect.
673
00:30:46,834 --> 00:30:47,904
What?
674
00:30:47,969 --> 00:30:50,176
This was always anticipated
as a possibility.
675
00:30:50,571 --> 00:30:53,575
Your Honor, this is nothing
more than Mr. Peck's conceit
676
00:30:53,641 --> 00:30:55,712
that he can pull
a rabbit out of a hat
677
00:30:55,776 --> 00:30:58,655
and his never-ending love of
opportunities to hear himself talk.
678
00:30:59,146 --> 00:31:01,126
I'd stake my life that
this doesn't represent
679
00:31:01,182 --> 00:31:03,253
an informed decision
by the defendant herself.
680
00:31:03,317 --> 00:31:05,695
I speak for
the defendant herself.
681
00:31:06,187 --> 00:31:07,393
You've got a week.
682
00:31:07,621 --> 00:31:08,929
(GAVEL POUNDS)
683
00:31:11,525 --> 00:31:15,200
What's this jury gonna think when
they hear you change your story from
684
00:31:15,262 --> 00:31:18,266
she didn't do it to she did do it,
but she was insane at the time?
685
00:31:18,566 --> 00:31:21,604
Well, they're going to think that
Megan Parnell is a young woman
686
00:31:21,669 --> 00:31:25,412
of tragic circumstances
and I have beautiful eyes.
687
00:31:32,747 --> 00:31:34,249
Short version?
She's not insane.
688
00:31:34,315 --> 00:31:36,420
Not now, not the night
she set the fire.
689
00:31:36,484 --> 00:31:37,758
And the long version?
690
00:31:38,419 --> 00:31:40,421
For a murderess,
she's very appealing.
691
00:31:40,488 --> 00:31:42,434
Well, when she's released from
prison, you can ask her out.
692
00:31:42,490 --> 00:31:44,834
I meant appealing from
the standpoint that
693
00:31:44,892 --> 00:31:47,202
she suffered from
significant mental problems.
694
00:31:47,261 --> 00:31:48,262
Like what?
695
00:31:48,329 --> 00:31:51,708
Acute anxiety. Depression.
Chronic sleep deprivation.
696
00:31:51,799 --> 00:31:54,973
Her son never allowed her to sleep
for more than two hours at a time.
697
00:31:55,035 --> 00:31:56,981
CARMICHAEL: Well, I don't think
the penal code has been amended
698
00:31:57,038 --> 00:31:59,279
to include fatigue
as a defense for murder.
699
00:31:59,340 --> 00:32:00,341
DR. SKODA: I feel for her.
700
00:32:00,574 --> 00:32:04,454
She was terrified by all kinds of images
she thought her son would have to endure
701
00:32:04,512 --> 00:32:05,684
if he was taken away from her.
702
00:32:05,746 --> 00:32:07,885
She was exhausted
beyond all measure.
703
00:32:08,082 --> 00:32:11,029
For one short, horrible instant
704
00:32:11,552 --> 00:32:14,965
she thought the way to solve her
problems was to burn them down.
705
00:32:15,222 --> 00:32:16,667
But she wasn't insane.
706
00:32:19,493 --> 00:32:21,097
No, she wasn't insane.
707
00:32:25,733 --> 00:32:28,304
There's a chemical reaction in the
brain when you're under stress.
708
00:32:28,369 --> 00:32:31,043
We can see the abnormalities
in a PET scan.
709
00:32:32,173 --> 00:32:34,779
Can these abnormalities
be serious?
710
00:32:34,842 --> 00:32:35,843
Absolutely.
711
00:32:36,043 --> 00:32:39,581
Neurons stop transmitting,
glucose stops metabolizing.
712
00:32:39,747 --> 00:32:42,455
Brain function of
a severely stressed individual
713
00:32:42,516 --> 00:32:45,656
is indistinguishable from that
of a person who is mentally ill.
714
00:32:45,920 --> 00:32:47,297
In your opinion, Doctor,
715
00:32:47,354 --> 00:32:51,268
was the defendant severely
stressed at the time of the fire?
716
00:32:51,325 --> 00:32:54,238
Based on my interviews with
Megan, there is no question
717
00:32:54,295 --> 00:32:58,471
but that her stress level rose to
the clinical designation of ACSS.
718
00:32:58,532 --> 00:32:59,840
And what is that, Doctor?
719
00:33:00,067 --> 00:33:03,480
Acute Caretaker
Stress Syndrome.
720
00:33:03,838 --> 00:33:07,581
ACSS is characterized
by irrational behavior,
721
00:33:07,641 --> 00:33:10,781
radical emotional dissonance
and cognitive malfunction.
722
00:33:10,978 --> 00:33:15,393
Could she tell the difference
between right and wrong?
723
00:33:15,449 --> 00:33:16,792
In my opinion, no.
724
00:33:17,518 --> 00:33:18,519
Thank you, Doctor.
725
00:33:22,790 --> 00:33:24,827
Where'd you go to
medical school, Doctor?
726
00:33:24,892 --> 00:33:27,338
My doctorate is in
applied kinesiology.
727
00:33:27,394 --> 00:33:29,271
I did not go to medical school.
728
00:33:29,330 --> 00:33:31,207
What's your background
in psychology?
729
00:33:31,265 --> 00:33:33,643
I have both read and
lectured extensively
730
00:33:33,701 --> 00:33:37,740
and I have a syndicated radio program
now heard in most major markets.
731
00:33:37,805 --> 00:33:41,184
In other words, you're not a psychologist,
but you play one on the radio.
732
00:33:41,242 --> 00:33:44,314
Objection. Counsel
is mocking the witness.
733
00:33:45,779 --> 00:33:47,053
Yes, I am.
734
00:33:47,114 --> 00:33:48,320
Sustained.
735
00:33:48,482 --> 00:33:51,486
This disorder you speak of,
this ACSS,
736
00:33:51,552 --> 00:33:53,498
I've been looking
for it in these
737
00:33:53,654 --> 00:33:56,294
very large reference books
and I couldn't find it.
738
00:33:56,357 --> 00:33:58,098
It's a relatively
new diagnosis.
739
00:33:58,158 --> 00:33:59,398
Invented by whom?
740
00:33:59,927 --> 00:34:01,998
It was first identified
by myself.
741
00:34:02,229 --> 00:34:04,903
Recognized by the American
Psychiatric Association?
742
00:34:04,965 --> 00:34:06,000
Not yet.
743
00:34:06,066 --> 00:34:07,602
Any other
professional organization?
744
00:34:07,668 --> 00:34:08,703
It will be.
745
00:34:08,769 --> 00:34:09,804
I'm glad
we're on the cutting edge.
746
00:34:09,870 --> 00:34:12,646
Objection. Mr. McCoy continues
to mock the witness.
747
00:34:12,706 --> 00:34:14,879
Withdrawn.
I have nothing further.
748
00:34:18,445 --> 00:34:22,621
I was Ian Parnell's caseworker at
Children's Services for the past two years.
749
00:34:22,683 --> 00:34:26,062
So you were intimately involved
in his situation? Yes.
750
00:34:26,120 --> 00:34:29,624
It was you who placed Ian in the
Highcrest Home for disabled children.
751
00:34:29,690 --> 00:34:31,727
That was the best
option at the time.
752
00:34:31,792 --> 00:34:33,169
Was it a viable option?
753
00:34:33,460 --> 00:34:34,837
No.
Why not?
754
00:34:35,229 --> 00:34:37,937
It wasn't equipped for someone
with those kinds of problems.
755
00:34:38,299 --> 00:34:41,246
Ian was ultrasensitive
to noise.
756
00:34:41,335 --> 00:34:43,008
A place like that
got very noisy
757
00:34:43,070 --> 00:34:46,779
and because he would block it out by
banging his head against the wall,
758
00:34:47,241 --> 00:34:48,686
he'd give himself concussions.
759
00:34:48,909 --> 00:34:50,684
So why didn't you
put him someplace else?
760
00:34:50,744 --> 00:34:53,054
I couldn't find a suitable
place that had room.
761
00:34:53,480 --> 00:34:55,482
And his mother was
more understanding
762
00:34:55,549 --> 00:34:58,052
than I had any right
to expect her to be.
763
00:34:58,452 --> 00:35:00,454
Unfortunately,
she only had two options.
764
00:35:00,521 --> 00:35:04,162
Put her son in a large,
state-run institution
765
00:35:04,358 --> 00:35:05,701
or take care of him herself.
766
00:35:05,893 --> 00:35:06,894
Your witness.
767
00:35:10,598 --> 00:35:11,906
Have you ever had
any other children
768
00:35:11,966 --> 00:35:14,708
who had difficulty adjusting to
their new residential situations?
769
00:35:15,102 --> 00:35:16,103
Yes.
770
00:35:16,871 --> 00:35:18,942
Did any of their parents
kill their children?
771
00:35:21,976 --> 00:35:23,148
Not to my knowledge.
772
00:35:23,444 --> 00:35:24,445
Thank you.
773
00:35:29,683 --> 00:35:31,856
MEGAN: First time I noticed
something was wrong with Ian,
774
00:35:31,919 --> 00:35:33,728
he'd just turned four.
775
00:35:33,787 --> 00:35:37,291
He was singing his
favorite song, Old MacDonald.
776
00:35:37,791 --> 00:35:39,998
And he forgot that
pigs say oink.
777
00:35:40,828 --> 00:35:44,139
Then he started complaining there
was a bad mouse inside his head.
778
00:35:44,965 --> 00:35:49,004
In three months he stopped
talking or using the toilet.
779
00:35:49,603 --> 00:35:51,640
Would you describe yourself
780
00:35:51,705 --> 00:35:54,811
as having a sustained feeling
of desperation ever since?
781
00:35:54,875 --> 00:35:56,684
Objection. Leading.
782
00:35:56,744 --> 00:35:58,883
JUDGE SCHEPPS: Lay the
foundation, Counselor.
783
00:36:00,014 --> 00:36:02,790
Since your son's condition
made itself known,
784
00:36:03,050 --> 00:36:06,156
have you been able to regain
anything approaching normalcy?
785
00:36:06,220 --> 00:36:08,131
Objection. Leading.
786
00:36:08,189 --> 00:36:10,066
Is Mr. McCoy
categorically opposed
787
00:36:10,124 --> 00:36:11,865
to permitting
this woman to testify?
788
00:36:11,925 --> 00:36:16,374
She has to testify according to
the rules of evidence, Mr. Peck.
789
00:36:16,430 --> 00:36:18,910
So let's see if we
can get her to do that.
790
00:36:21,568 --> 00:36:27,541
Ms. Parnell, when your son's health
began deteriorating, what did you do?
791
00:36:29,476 --> 00:36:31,422
We tried Lovaas Intervention,
792
00:36:32,813 --> 00:36:35,259
auditory interpretation,
793
00:36:35,583 --> 00:36:36,857
steroids,
794
00:36:37,718 --> 00:36:39,197
several different diets,
795
00:36:40,321 --> 00:36:41,356
clonidine.
796
00:36:42,656 --> 00:36:44,863
Every month there
was a new treatment,
797
00:36:45,859 --> 00:36:47,532
a new miracle cure.
798
00:36:48,929 --> 00:36:50,465
We'd have such high hopes.
799
00:36:50,864 --> 00:36:51,865
Nothing helped.
800
00:36:51,932 --> 00:36:53,502
JUDGE SCHEPPS:
What about special ed?
801
00:36:53,567 --> 00:36:57,014
He hated special ed. It was
always too loud and disturbing.
802
00:36:57,371 --> 00:36:59,578
When my marriage
started falling apart,
803
00:36:59,640 --> 00:37:02,621
we tried sending Ian to
respite care for the weekend,
804
00:37:03,577 --> 00:37:05,579
but they'd call us up,
usually by Friday night,
805
00:37:05,646 --> 00:37:06,852
to take him back.
806
00:37:06,914 --> 00:37:10,361
And then he started
having seizures and I...
807
00:37:12,219 --> 00:37:13,698
I was...
808
00:37:13,754 --> 00:37:17,725
I was afraid that
he'd kill himself.
809
00:37:20,394 --> 00:37:24,240
Ian, he needed me
but he was getting too big,
810
00:37:25,466 --> 00:37:26,672
and he'd stop letting me
811
00:37:28,602 --> 00:37:32,175
change his diaper or brush his
teeth or give him medicine.
812
00:37:32,406 --> 00:37:34,249
I couldn't take care
of him anymore.
813
00:37:36,210 --> 00:37:37,917
Why didn't you
send him somewhere?
814
00:37:39,313 --> 00:37:43,193
Whether it was an institution
or a group home.
815
00:37:43,450 --> 00:37:46,954
Whatever it was, someplace
would've taken him off your hands.
816
00:37:47,154 --> 00:37:48,155
I couldn't.
817
00:37:49,757 --> 00:37:53,796
To other people
he was just some weird
818
00:37:55,429 --> 00:37:59,536
kid who threw
his poop around the room.
819
00:38:00,000 --> 00:38:04,073
To me, when he was listening
820
00:38:05,572 --> 00:38:07,745
to Old MacDonald, he was
821
00:38:08,776 --> 00:38:10,016
my baby.
822
00:38:10,544 --> 00:38:12,717
I loved him so much.
823
00:38:17,785 --> 00:38:19,287
Your witness, Mr. McCoy.
824
00:38:26,393 --> 00:38:27,394
Ms. Parnell,
825
00:38:30,297 --> 00:38:33,801
your plea is not guilty
by reason of insanity.
826
00:38:34,201 --> 00:38:35,202
Yes.
827
00:38:35,269 --> 00:38:38,944
That means that at the
time you set the fire,
828
00:38:39,506 --> 00:38:41,611
you didn't know
right from wrong.
829
00:38:42,376 --> 00:38:43,946
I didn't know what I was doing.
830
00:38:44,011 --> 00:38:45,649
You knew enough
to lie to the police.
831
00:38:45,712 --> 00:38:47,282
I didn't mean to lie to them.
832
00:38:47,347 --> 00:38:49,258
You knew enough
to go downstairs,
833
00:38:49,650 --> 00:38:51,789
unlock the janitor's closet,
834
00:38:51,985 --> 00:38:54,158
pour paint thinner on the steps
835
00:38:54,221 --> 00:38:55,859
and leave your son
to die in a fire.
836
00:38:55,923 --> 00:38:57,527
No, I did not.
837
00:38:57,825 --> 00:38:59,133
Ms. Parnell,
838
00:38:59,560 --> 00:39:04,976
is it or is it not true that
you willfully and deliberately
839
00:39:05,099 --> 00:39:07,045
set the fire in which
your son died?
840
00:39:07,101 --> 00:39:11,516
My son didn't die in the fire.
He died before the fire.
841
00:39:16,043 --> 00:39:17,613
The coroner's report
842
00:39:18,312 --> 00:39:22,317
states that the cause of
death was smoke inhalation.
843
00:39:22,383 --> 00:39:25,421
He was having a seizure and
he went into convulsions
844
00:39:25,486 --> 00:39:29,127
and I had the syringe to give him his
injection to stop the convulsions,
845
00:39:29,189 --> 00:39:32,227
just like I've done
all those times before.
846
00:39:32,626 --> 00:39:36,802
But this time I I didn't do it.
847
00:39:36,930 --> 00:39:42,141
I... I watched his
body contorting in pain.
848
00:39:44,004 --> 00:39:47,508
That poor tortured little body
that never stopped hurting.
849
00:39:47,608 --> 00:39:49,110
And I didn't do it.
850
00:39:49,176 --> 00:39:50,246
I let him go!
851
00:39:50,978 --> 00:39:56,291
And then I went into the
bathroom and I took his pills.
852
00:39:56,350 --> 00:39:57,351
All of them.
853
00:39:58,118 --> 00:39:59,597
And I swallowed them.
854
00:40:01,355 --> 00:40:02,629
I set the fire.
855
00:40:03,423 --> 00:40:05,096
And I lay down next to him
856
00:40:06,093 --> 00:40:07,697
to die myself.
857
00:40:09,363 --> 00:40:11,400
But you changed your mind.
858
00:40:12,299 --> 00:40:14,210
The smoke made me cough.
859
00:40:15,536 --> 00:40:17,345
And the pills didn't work.
860
00:40:18,472 --> 00:40:20,213
And I started to think
861
00:40:20,974 --> 00:40:22,612
about my daughter.
862
00:40:23,544 --> 00:40:26,218
And I got up and I ran outside
863
00:40:26,847 --> 00:40:29,589
and I grabbed the phone
out of some guy's hand.
864
00:40:30,384 --> 00:40:32,990
And I dialed 911.
865
00:40:33,053 --> 00:40:38,366
And I never would have set the fire
if I'd known that Ian was alive.
866
00:40:38,425 --> 00:40:40,029
I never would have
done that to him.
867
00:40:40,093 --> 00:40:42,596
I never would have
made him suffer like that.
868
00:40:43,297 --> 00:40:45,243
(MEGAN SOBBING)
869
00:40:45,566 --> 00:40:47,842
He suffered so much
in his life.
870
00:40:54,508 --> 00:40:55,509
(KNOCK ON DOOR)
871
00:40:55,909 --> 00:40:57,320
Is she telling the truth?
872
00:40:58,011 --> 00:41:01,083
The M.E. said the kid could've
been in a coma from the seizures.
873
00:41:01,215 --> 00:41:03,695
She thought he was dead when
in fact he was still breathing
874
00:41:03,750 --> 00:41:05,696
just enough to get
some smoke into his lungs.
875
00:41:06,019 --> 00:41:07,692
Why did she wait this
long to tell us?
876
00:41:08,121 --> 00:41:10,533
It's possible she suppressed
her memory of that night,
877
00:41:10,591 --> 00:41:12,366
it's possible
she felt too guilty
878
00:41:12,426 --> 00:41:14,497
to fully participate
in her own defense.
879
00:41:14,995 --> 00:41:18,169
It's also possible that her lawyer
isn't the idiot we take him for.
880
00:41:18,732 --> 00:41:20,040
He held on to this
881
00:41:20,167 --> 00:41:22,010
until he thought
it would do the most good.
882
00:41:22,536 --> 00:41:23,776
No, he's an idiot.
883
00:41:25,105 --> 00:41:27,813
What's the likelihood of getting
a conviction on murder two?
884
00:41:27,874 --> 00:41:28,875
Nil.
885
00:41:29,009 --> 00:41:30,716
Unless the jury
thinks she's lying.
886
00:41:30,777 --> 00:41:32,154
JACK: I don't think
she's lying.
887
00:41:32,446 --> 00:41:34,483
Assume she's not.
That's manslaughter.
888
00:41:34,648 --> 00:41:37,288
Given her state of mind and the
extenuating circumstances,
889
00:41:37,351 --> 00:41:40,161
I don't think what she did warrants
a conviction for manslaughter.
890
00:41:40,254 --> 00:41:41,255
Well, what do you think?
891
00:41:42,155 --> 00:41:44,897
Marshal of the Macy's
Thanksgiving Day Parade?
892
00:41:44,958 --> 00:41:46,665
I don't think we should
be sending her to prison.
893
00:41:46,927 --> 00:41:49,669
CARMICHAEL: Her failure to act
comes under depraved indifference.
894
00:41:49,963 --> 00:41:52,500
It qualifies as manslaughter
under People v. Little.
895
00:41:52,933 --> 00:41:54,344
If that's what
the judge charges on,
896
00:41:54,401 --> 00:41:56,074
that's what the jury
will convict her for.
897
00:41:56,336 --> 00:41:58,145
We have the evidence
to support that?
898
00:41:58,772 --> 00:41:59,773
Yes.
899
00:41:59,873 --> 00:42:03,821
In this case, for this defendant,
the penalties are too severe.
900
00:42:03,877 --> 00:42:08,223
We can't let our sympathy for a defendant
distort our primary responsibility.
901
00:42:09,683 --> 00:42:10,684
What are you saying?
902
00:42:11,418 --> 00:42:13,523
You've got to
do your job, Jack.
903
00:42:24,531 --> 00:42:28,638
Do either of you intend to bring a
motion for lesser included offenses
904
00:42:28,702 --> 00:42:30,113
to be charged to the jury?
905
00:42:30,170 --> 00:42:32,741
The Defense asks for a
charge on murder two only.
906
00:42:32,806 --> 00:42:34,877
That's what the Prosecution
got an indictment for,
907
00:42:34,941 --> 00:42:36,579
that's the burden of proof
they should be held to.
908
00:42:36,643 --> 00:42:38,179
As usual, Mr. Peck,
909
00:42:38,245 --> 00:42:40,589
you've completely
misstated the law.
910
00:42:41,248 --> 00:42:45,822
Mr. McCoy, you're entitled to ask
that my charge to the jury include
911
00:42:45,919 --> 00:42:51,426
allowing them to return guilty verdicts on
manslaughter one and two as well as murder.
912
00:42:51,491 --> 00:42:54,472
The Prosecution has no objection
to a charge on murder two only.
913
00:42:56,263 --> 00:42:58,436
Your Honor, may I have a
moment to confer with my...
914
00:42:58,498 --> 00:43:02,446
That's not necessary, Abbie We'll
take our chances on murder two.
915
00:43:07,507 --> 00:43:10,386
Madam Foreperson, has the
jury reached a verdict?
916
00:43:10,444 --> 00:43:11,684
We have, Your Honor.
917
00:43:12,079 --> 00:43:14,184
Will the defendant please rise?
918
00:43:17,551 --> 00:43:19,087
What is your verdict?
919
00:43:19,152 --> 00:43:23,100
We the jury, on the charge of
murder in the second degree,
920
00:43:23,357 --> 00:43:28,966
find the defendant not guilty by
reason of mental disease or defect.
921
00:43:29,029 --> 00:43:32,067
Thank you for your verdict,
ladies and gentlemen.
922
00:43:32,132 --> 00:43:34,612
The defendant is
hereby remanded to
923
00:43:34,668 --> 00:43:37,410
Kirby Forensics
Center for evaluation.
924
00:43:37,471 --> 00:43:38,472
(GAVEL POUNDS)
925
00:43:45,912 --> 00:43:47,448
Tough case, McCoy.
926
00:43:47,914 --> 00:43:50,019
Little tip from the other
side of the aisle.
927
00:43:50,083 --> 00:43:54,122
Next time you have a shot at
lesser included offenses, take it.
928
00:43:55,222 --> 00:43:56,223
Thanks.
929
00:44:11,438 --> 00:44:12,781
I heard about the verdict.
930
00:44:13,040 --> 00:44:15,350
Yeah. You win some,
you lose some.
931
00:44:15,909 --> 00:44:16,910
Which was this?
932
00:44:17,110 --> 00:44:18,851
I would have
gone for a conviction.
933
00:44:18,912 --> 00:44:19,913
Me, too.
934
00:44:20,714 --> 00:44:22,990
Which is why I'm glad it
was Jack trying the case.
935
00:44:23,950 --> 00:44:27,124
Well, based on what this woman
did, she deserves to be punished.
936
00:44:27,821 --> 00:44:28,925
I think she is.
937
00:44:32,125 --> 00:44:33,399
Have a good night.
938
00:44:34,161 --> 00:44:35,162
You, too.
939
00:44:35,212 --> 00:44:39,762
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