All language subtitles for law.and.order.s23e09.720p.web.h264-skyfire

.

- In the criminal justice
system,

the people are represented

by two separate,
yet equally important groups:

the police,
who investigate crime,

and the district attorneys,
who prosecute the offenders.

These are their stories.

- Do you solemnly swear
that the testimony you give

to this federal
grand jury will be

the truth
and nothing but the truth,

so help you God?

So help me God.

Please be seated.

[tense music]

Are you here under subpoena?

Yes.

- And you are not
represented by counsel?

- They told me
I didn't need one.

- You understand that your
testimony is being recorded

and everything you say
is subject to the pains

and penalties of perjury?

* *

I'm here to tell the truth.

But I do have one question.

Yes?

- He doesn't know I'm here,
does he?

* *

[indistinct radio chatter]

* *

What do we got?

Eileen Porter.

32 years old,
blunt-force trauma to the head.

Guy in the gurney?

Her husband, Tom Porter.

We found him unconscious.

Still breathing.

- There's a spare room
back there.

Does anybody else live here?

- Neighbor's saying they use it
as a kind of home office.

- Looks like we got
a lot of dried blood here.

must have been here
a few hours.

- MLI says it happened sometime
between 8:00 p.m. and midnight.

Any witnesses?

No.

- How about cameras
in the building?

Nope.

Unis are out checking
street footage.

No signs of forced entry?

Locks are undisturbed.

- Well, nothing seems
out of place.

So probably not
looking at a robbery.

Her coat's still on.

The killer could be someone
they know and invited in.

Maybe somebody
followed them inside.

I found this in the trash.

Looks like someone tried
to rinse it off,

but there are definitely
still traces of blood.

- Let's get that tested
for DNA and prints.

Who found them?

- Neighbor said they heard
their dog barking.

They said it went on for hours.

She finally called 911

to make sure everything was OK.

- Well, everything was
definitely not OK.

* *

[dramatic music]

* *

- I wish I'd called
the police sooner.

- Did you happen to see
or hear anything unusual?

Just the dog barking.

- Anyone coming or going from
the apartment last night?

I wouldn't know.

I live upstairs.

- Did anyone have a problem
with Tom or Eileen?

Maybe someone that lived
in the building?

They were both so polite.

Tom works for a nonprofit.

Eileen is in public service.

She's an aide to that
congressman, you know,

the, uh, family values guy.

- Might have to be a little
more specific about that one.

Rhett Richards.

That's his name.

- Tom Porter's got
a serious head wound.

He's in surgery right now.

Doctors haven't determined

the full extent
of his injuries yet.

- Did forensics get back to us
on the hammer?

- Yeah, DNA shows that the
blood came from three sources--

Tom, Eileen, and a third
subject not in the system.

- So our killer must have been
cut in the scuffle,

which gives us something
to work with.

- Computer crimes has been
analyzing Eileen's devices.

And when they were looking
at her phone, it rang.

Who was it?

Federal prosecutor.

I called him,
but I got the runaround.

- Those guys wouldn't tell you
if your coat was on fire.

- They're claiming grand jury
secrecy, but I looked him up.

He works in
the Public Corruption Unit.

- Yeah, and Eileen worked
for Congressman Richards.

- I just read an article
in the "Post"

about the turnover
in his office.

His chief of staff resigned,
and she refused to say why.

Hmm.

- I bet she'll be
a little bit more forthcoming

if you two paid her a visit.

- Eileen told me
she saw something weird

in the congressman's
finance reports.

What do you mean by weird?

- The congressman used
campaign funds

to pay for his wife's Botox.

Eileen thought
maybe it was a mistake.

So she did a little digging,
found out he was using

the campaign credit card
for expensive dinners,

trips to the Caribbean,
luxury car leases,

jewelry for his wife, himself,
and his mistress.

So what did Eileen do?

She called the FBI.

And then we both resigned.

- Did Eileen speak
to a federal prosecutor?

- She was supposed to testify
against the congressman

in the grand jury.

- Did the congressman
know that?

- Two nights ago,
I was at Eileen's apartment.

He called her.

Said if she kept lying
about him, she'd regret it.

[tense music]

Mr. Family Values.

* *

At the end of the day,

the only thing that matters,

really matters,

is our family and our faith

and how we marry those values
as we navigate the world.

In my house,
we swear by the Golden Rule--

do unto others as
you'd have them do unto you.

Thank you.

[applause]

- Thank you.
- Thank you.

- Thank you so much
for being here.

Thank you.

Congresswoman Richards?

I'm Detective Jalen Shaw.

This is Detective
Vincent Riley.

Yes?

- Is there somewhere we can go
and speak in private?

Now's not a good time.

- We're asking for your
cooperation, Congressman.

- Trying to make
a federal case out of

a couple of trips to Aruba
and a tennis bracelet?

- We are not here about
some trips or a bracelet.

- No, but if you don't
want to come voluntarily,

we could always set you up
with a pair of our bracelets.

* *

Right this way.

* *

.

- I'm sorry to hear
Eileen died,

but I had nothing
to do with it.

- She was testifying against
you in the grand jury, right?

- You threatened her
and told her not to cooperate.

- Then 24 hours later,
she winds up dead.

- You realize you're speaking
with a United States

congressman,
accusing him of murder?

- We're just laying out
the facts, counselor.

- Look, the investigation
into my expenses

is a total witch hunt.

- So you're not concerned
about the grand jury?

Yeah. Not one bit.

In fact, I'd welcome
a public trial.

Probably rile up the base,
give me a boost in the polls.

Wow, good for you.

That being said,
where were you last night

between 8:00 p.m. and midnight?

At a fundraising event.

With about a dozen donors.

- And my wife.
- We'll look into that.

In the meantime,
will you consent to a DNA swab?

- Like I said,
I have nothing to hide.

- Let's assume for now
that you're not involved.

Do you have any thoughts
about who might have

wanted to kill Eileen?

[groans]

Well, a couple of days ago,

one of my volunteers went
out to lunch with her.

She said a man came in,
saw Eileen,

and started swearing, yelling.

It almost got physical.

- We'll need the name of that
volunteer and the restaurant.

Oh, yeah.

Yeah, I remember her.

She was having lunch.

This guy came in, drunk,
holding a can of beer.

Brought his own beer?

That's dedication.

- Yeah, he--
he was very aggressive.

He beelined to this woman
and yelled at her.

Did you hear what he said?

- Something about money,
how she stole from him or--

anyway, he put the can down,
lunged at her,

and then two waiters
had to intervene.

Nobody called the police?

- I offered, but the lady said
she'd handle it.

So she left, and the guy
followed her outside.

- And you have no idea
who this guy was?

No.

- Do you still have
that beer can?

- You know, recycling isn't
picked up till tomorrow,

and we don't sell cans of beer.

So it'd be
the only one in there.

All right. Thank you.

So where are we?

Spoke to the hospital.

Tom Porter is now in
a medically induced coma.

He's got a brain bleed.

Is he gonna make it?

Doctor says it's 50/50.

- Lab pulled prints
off of the beer can.

They belong to Kevin Marshall,
date of birth 7/11/89.

Get this--Eileen's brother.

Does he have a rap sheet?

He sure does.

Public intoxication, DUI,
and one assault conviction

for what looks like
a bar fight.

This is interesting.

Looks like he filed
a civil lawsuit

against Eileen
a couple months ago

- in probate court.
- Hmm.

- Do we have an address,
know where he works?

- He's a set carpenter
at a theater

off of Christopher Street.

[saw buzzing]

Kevin Marshall?

Yeah? What's this about?

Step this way.

We need to talk to you
about your sister, Eileen.

Are you kidding me?

That bitch called
the police on me?

- So I'm guessing
you two not so close, huh?

Look, guys.

Where's your hammer?

Uh, I don't know.

We borrow each other's tools.

What's going on?

Let's find a place to talk.

[sighs]

- Seems like you were
pretty mad at your sister.

- Eileen and I had
our differences,

but she was
the only family I had.

- You filed
a lawsuit against her.

What was that about?

Our parents are both gone.

They left us
about a 100 grand each.

My parents appointed
Eileen trustee,

and she wanted to give me
a monthly allowance.

I've had some problems
with addiction,

but I felt like I should be
able to handle my own money.

- So you guys had
a contentious relationship?

Yeah, but I didn't kill her.

- Where were you
two nights ago

between the hours of 8:00 p.m.
and midnight?

- Here, breaking down the set
until about 2:00 a.m.

with about 20 other people.

- Would you be willing
to take a DNA test?

Sure.

I want to know
who killed my sister too.

OK.

All right, Kevin, think.

Do you know of anyone
who might have wanted

to hurt your sister?

- The last decent
conversation we had,

Eileen said
she was volunteering

at a homeless shelter.

She'd hired one of the guys
to do odd jobs.

- And what makes you think
this guy had

something to do with it?

- He was an ex-con.

Did time for burglary.

I told--I told her
it was dangerous,

letting strangers
into her place like that,

but she never listened to me.

- Do you know what shelter
she was volunteering at?

- No, but it was
near her apartment.

OK.

Benny Kramer?

NYPD.

- Come with me.
- For what?

Get up.

Come on.
Come on.

Let me ask you a question.

How many times have you been
in Eileen Porter's apartment?

All, right, listen, man.

This can go one
of two ways, OK?

You can talk to us, or we can
call your parole officer

and get him involved.

I'll pay back the money.

- The--tell us about that.

Last time I was at Eileen's,

I saw a couple of 20s
on the counter,

and I pocketed the bills.

I didn't think
that she'd report me.

I'll pay her back.

See, that's not possible.

Benny, Eileen's dead,

killed two nights ago
in her own apartment.

She had her head bashed in.

- Where were you
two nights ago?

- Same place I always am,
this shelter.

Check the logs.

We will.

Is Eileen's husband OK?

- He's in a coma,
so no, he's not OK.

What about the other woman?

- Other what--
what are you talking about?

What other woman?

- The one that lives
in the guest room.

I painted it last week.

Look, I took a picture.

[tense music]

See?

Is that the woman there?

Yes.

Do you know her name?

- Uh, no,
I never really met her.

* *

.

- Guys, how'd you make out
at the Porters' apartment?

- Found a hairbrush
in the guest room.

It matches the unknown
DNA of the hammer.

We don't have a hit
in the profile yet.

- Somebody's got to know
who she is.

Check this out.

I was looking into
the Porters' financials,

thinking maybe somebody
was paying them rent.

Came up empty on that front,

but I found something
that's just--

it's off.

A few months ago,
it looks like Tom

wired somebody $50,000.

50K?

For a guy who works
in nonprofit,

that's a lot of money.

- Exactly.
- Who'd he send it to?

- Looks like a company called
Family Services Consulting.

The owner's name
is Pavlo Golub.

- There's a business with
that name in Staten Island.

Found the website.

"Think you can't afford
a family?

"Think again.

I can help make
your dreams come true."

So what?

So Tom Porter sends $50,000

to some cut-rate
adoption agency?

I smell a field trip.

Hop on the ferry, go find out.

- I'm a family services
consultant, you know,

like a matchmaker.

I help families
who want children

but can't afford the services
in this country.

I find them pregnant women
or surrogates in Ukraine.

- We know
the Porters wired you 50 grand

a couple months ago, yeah?

- Were they looking
to adopt a child?

- Sorry, I don't want
to betray any confidences.

Can you just ask him?

We'd like to,

but somebody put a hammer
through his skull,

so now he's in a coma.

- The Porters were looking
for a surrogate.

And you charged them $50,000?

Yes.

40 for me, 10 for her.

[whistles]

[scoffs]

Well, that's a hell
of a business plan.

The woman carries the baby
for nine months

and you pocket 80% of the fee?

- $10,000 to a woman
in Ukraine is life-changing.

- So you connected them
to a surrogate in Ukraine?

Exactly.

Where is this woman now?

- After the pregnancy took,
we arranged with the Porters

to have her come here
to live with them in America.

We'll need a name.

You need more information,

you're gonna have to have
a subpoena.

Darina Meleshko.

That's the name
of the Porters' surrogate.

She's 24 years old.

She's from Kyiv.

She's here on a travel visa,
and she used

the Porters' address
on her visa application.

- So she's the one who was
living in the guest room?

- For all we know,
she might be our killer.

- All right, when's the last
time anybody had eyes on her?

- Actually, she opened up
a new bank account yesterday,

deposited a check for $2,000.

Where'd the money come from?

A guy named Dennis Leverett.

He lives in Riverdale.

- Well, let's see if he knows
where to find her.

Sure, we know Darina.

She just moved
into our guest room.

- Yeah,
and how do you know her?

- A friend of a friend told us
about Pavlo Golub.

He introduced us to Darina.

- We're going to adopt
her baby.

She told you it was her baby?

Pavlo said she was pregnant,

not in a position
to care for a child.

It's a girl.

- And how much
did you pay Pavlo?

$250,000.

[tense music]

It's the going rate.

* *

- And he never mentioned
anything about another couple?

No, why?

- Do you know where
Darina is right now?

- We sent her on a staycation
for a couple of days

at a nice hotel.

* *

[dramatic music]

* *

- Darina Meleshko, we've got
some questions for you.

Whoa, whoa, whoa, whoa.

Hey, hey, don't move,
all right?

We just want to talk to you.

Please don't hurt my baby.

- How'd you get
that gash on your hand?

What do you want?

- You can start by telling us
how your DNA got

on the hammer
that killed Eileen Porter.

No, no, no, no, no,
that's not happening.

- That's not happening.
- Don't do that.

Don't do that.

- Darina Meleshko, you are
under arrest for murder.

- No.
- Come on.

Please don't hurt my baby.

Ah! Oh!

- Whoa.
- Stop.

- Whoa, whoa, whoa,
whoa, whoa, whoa, whoa.

Hey.

I think I'm going into labor.

- Oh, oh.
- OK.

- I need to go to a hospital.
- All right. OK. All right.

- Oh, oh, please.
- Hold on.

Oh, I'm serious.

Oh! Call an ambulance.

- No, no, no,
we can get you there faster.

Let's go. Come on. Come on.

.

- Calling docket
ending in 9076,

People versus Darina Meleshko.

Charging one count of murder
in the second degree

and one count of attempted
murder in the second degree.

How do you plead?

My client pleads not guilty.

I'll hear you on bail.

- Your Honor, there are
two victims in this case--

Eileen Porter,
who was brutally murdered,

and her husband, Tom,
who was recently

released from the hospital.

The defendant was a surrogate
for Tom and Eileen Porter,

but after she got pregnant
with her embryo,

she sold their baby
to another couple

who could afford to pay
a lot more money.

On the day of the murder,
the Porters caught

the defendant moving
out of their home.

The victims told her she could
not leave with their baby

and threatened
to call the police.

So she killed Eileen
and tried to kill Tom.

That's pure conjecture.

The murder weapon, a hammer,

had both victims'

and the defendant's
blood on it.

She had a cut on her hand
when she was arrested.

She had motive and opportunity,
and she's a flight risk.

People seek remand.

Ms. Stratford?

- My client is not
a flight risk.

She has no money,
no resources,

and nowhere to go.

Your Honor, my client
gave birth four days ago.

She's nursing a newborn.

- She can do that
in the nursery at Rikers.

The defendant's remanded.

[gavel bangs]

[tense music]

* *

- You're really gonna
send her to Rikers?

- She tried to sell
the Porters' baby,

then bashed them
in their heads.

- This has all been
a terrible misunderstanding.

A misunderstanding?

Pavlo Golub lied to Darina.

He told her the Porters were
having second thoughts,

that they weren't even sure

they wanted to raise
the child anymore.

He said he found
a loving couple,

and Darina trusted him.

Have some compassion, Sam.

* *

What's this?

* *

- Your Honor,
I filed a motion to suppress

the so-called murder weapon.

On what grounds?

- The search and seizure
was in violation

of the Fourth Amendment

to the United States
Constitution.

Where was the evidence found?

- It was a hammer found
in a trash can

at the Porters' apartment.

- The police shouldn't have
touched it until

they had obtained
a search warrant.

- We shouldn't even be
having this discussion

because the defendant
has no standing.

Only the lawful residents
of the apartment

have the right
to challenge the search.

At the time of the seizure,

my client was still living
in the apartment.

Some of her personal items were
in the spare bedroom.

Was she on the lease?

No.

- She lived there
for two months.

She had her own set of keys.

She hadn't filed a change of
address with the post office.

She was in the process
of relocating

but hadn't officially moved.

It's a close call.

But I find that
the defendant still had

a reasonable expectation
of privacy in the home.

The motion to suppress
is granted.

We lost the murder weapon,

which is a huge blow
to the case.

So what else do you have?

Who's your strongest witness?

- The baby broker,
Pavlo Golub,

the man who arranged
the surrogacy.

He can testify
to Darina's state of mind

that she was
a willing participant,

that she agreed to pretend
the baby was her own.

Isn't Golub part of the scam?

He wasn't just part of it.

He was the mastermind.

But he didn't kill anyone.

The problem is that
he's demanding full immunity.

- Golub has run this con on
two other desperate families

with two other
desperate refugee women.

We can't just give him
a free pass.

I agree.

My sister adopted
a child from China.

She was so anxious
and vulnerable.

To prey on people
looking to create a family,

it's repugnant.

I'm not gonna reward
someone like that.

In fact, I want to open up
a case against him.

The victim's husband's gonna be
your most emotional witness.

Kick off your trial with him.

* *

- Eileen and I met during
freshman orientation

at Georgetown.

It was one of those
"love at first sight" moments.

- And you wanted
to start a family?

- Eileen had survived
childhood cancer.

She couldn't carry a baby,

so we arranged
to have our embryo

implanted in a surrogate.

- That surrogate being
the defendant, Darina Meleshko?

Yes.

- Do you have any memory
of what happened

between you, your wife,
and the defendant

on January 15th of this year?

- The last thing I remember
is coming home from dinner.

Eileen went to see Darina

to let her know
that we were home,

see if she needed anything.

Was Darina there?

I can only guess.

Like I said, I don't remember.

We trusted her,

welcomed her into our home,

treated her like family.

I--I can't believe
that she would

do something like this to us.

Objection. Not relevant.

- My baby is living
in a prison.

- Your Honor!
- Mr. Porter.

- Please, Darina,
just let me see her.

I just want to hold her.

- Mr. Porter, there's no
question before you, sir.

* *

Anything else, Mr. Price?

No, I have nothing further.

Cross examination.

* *

- Is it possible that
you startled my client,

scared her, yelled at her?

- I never raised my voice
with her before.

- But you must have been angry
to see that she was leaving.

You--you could have
threatened her.

I may have been angry.

I doubt I threatened her.

But you can't swear to that?

* *

Correct, I can't.

* *

- Did Darina tell you
about her life in Ukraine?

A little.

- Did she talk about
the Russian soldiers?

Yes, she did.

- The constant barrage
of gunfire,

the unrelenting bombings?

She did.

- Did Darina tell you
she witnessed the death

of her husband and young son?

- Your Honor,
I fail to see the relevance.

Sustained.

Anything else?

No, thank you.

- Dr. Thomas,
did you perform the autopsy

on the victim in this case,
Eileen Porter?

I did.

- What did you determine
to be the cause of death?

- Blunt-force trauma
to the head.

- Could you describe
the nature and severity

of Ms. Porter's wounds?

- She had eight separate
and distinct attacks

on her skull.

- And is it true that
any one of those head wounds

could have killed Ms. Porter?

That is my opinion, yes.

- So would you characterize
this attack

as unnecessarily vicious?

I would.

Thank you, Doctor.

I have nothing further.

Ms. Stratford?

- Did this incident
appear to be the result

of rational thought?

- I'm not sure
what you're asking.

Then let me rephrase.

Are you familiar with
post-traumatic stress disorder?

- I am.
- Your Honor, may we approach?

[tense music]

* *

- This doctor is not
an expert in PTSD.

And even if he were,
what's the relevance?

- Where are you going
with this, Ms. Stratford?

We are changing our defense.

To what?

- Not guilty
by reason of insanity.

This is trial by ambush.

The defense realizes
we have a strong case,

so they've decided
to completely change course.

- We are allowed to present
any defense we choose.

Sure, if you provide notice

and comply with the rules
of discovery.

- I don't condone
their tactics,

but I can't deny the defense
an opportunity

to present relevant evidence
and witnesses.

I will give you time
to prepare, Mr. Price.

Ladies and gentlemen,
we're adjourned for the day.

[gavel bangs]

* *

.

- Dr. Galen, are you
a board-certified psychiatrist

with a practice in New York?

I am.

I specialize in
the neurobiology of trauma.

- And did you conduct
a forensic examination

of my client?

- The National Center
for PTSD has a standard set

of questions used
to evaluate the intensity

and frequency of symptoms.

I administered that test,

and I asked Ms. Meleshko
about her life.

What did Darina tell you?

- Darina was
a preschool teacher.

Her husband was an engineer.

They lived in Kyiv
with their infant son.

When Ukraine was invaded,
her home was bombed.

- Did Darina show you
this photograph?

Yes.

She told me
it was what her home

looked like after the attack.

[dramatic music]

- Was Darina in the building
at the time it was hit?

- Her husband was decapitated
right in front of her.

Her infant son was killed
by a mortar.

* *

- And Darina managed
to survive?

- She and her mother went
to a refugee shelter.

- Did all this have an effect
on Darina?

Most definitely.

She has all of the classic
symptoms of PTSD--

flashbacks, nightmares,
intrusive thoughts.

- And can PTSD alter
one's brain chemistry?

- It can increase vigilance,
impulsivity, stress responses,

and memory intrusions.

- Dr. Galen,
in your professional opinion,

did Darina's mental disease
render her unable

to understand the wrongfulness
of her actions

on January 15th?

Yes.

Thank you.

Nothing further.

* *

- Do you know that
Tom and Eileen Porter,

or the victims in this case,

had no evidence
of offensive wounds?

No, I did not know that.

- All of the evidence
in this case

indicates that this was
an unprovoked attack.

- Yes, but in Darina's mind,
it was warranted.

- The defendant was
never treated for PTSD.

She's never complained
about her symptoms

until after she saw that

the evidence against her
was mounting.

Objection. Argumentative.

Overruled.

- Unfortunately, many of those
who suffer from the disorder

do not seek professional help.

- Dr. Galen,
according to UNICEF,

5.2 million women
are at risk of depression,

anxiety, and PTSD due
to the Ukrainian-Russian War.

As far as I know,

none of them have committed
this kind of atrocity.

Objection.

Sustained.

Anything else?

* *

No, thank you.

* *

- I've been reading about our
defendant's life in Ukraine.

Seems pretty tragic.

I think we should
consider a plea.

- I don't want to diminish
what she's been through.

But I just don't think
she was legally insane.

Everything she did
before and after

the attack was intentional,

required rational thought
and planning.

She was in survival mode.

My parents
and grandparents fled Lebanon

during the civil war,
and I saw what it did to them.

- I'm sure
they went through hell,

but they didn't turn around
and bludgeon

innocent people to death
with a hammer.

- All I'm saying is
that the trauma exists.

And it has a residual effect.

- What do you think
we should do with her?

- I don't think
she should be spending

the next 25 years in prison.

- Eileen Porter died
a horrific, painful death.

And Tom Porter easily
could have died.

- I've been consulting
with some local refugee

and resettlement organizations.

They make a strong case
that Darina

is a victim of global violence,

that we should treat her
accordingly.

I tend to agree.

Call her lawyer,
see what you can work out.

- We are prepared
to offer Man One, 15 years.

- We're willing to accept
five years

and help with immigration.

Darina isn't a citizen,
which means after

she serves her sentence,
she's likely to be

deported back to Ukraine.

- Please,
I can't go back there.

I can't agree to five years.

- And we don't have control
over the immigration process.

- Surely you can make
some calls.

- We have something else
to offer.

[tense music]

If you agree to the terms,

Darina is willing to terminate
her parental rights

and give her baby
to Tom Porter.

- The baby already belongs
to Tom Porter.

- No, Darina signed
the birth certificate.

* *

- Tom was in a coma
when the baby was born.

It's his child.

- According
to the state of New York,

Darina is the only
parent of record.

* *

.

I don't understand.

I did the research myself.

The paperwork can be filed
at any time

before or after
the baby is born.

Darina gave birth.

She signed
the birth certificate.

The law presumes
the baby is hers.

But we had an agreement.

Darina changed her mind.

She's not going to sign
the papers.

- You can take it to court,
challenge custody.

That could take years.

It'll cost money
that I don't have.

There's no guarantee
that I would win.

And in the meantime, I don't
have access to my daughter?

She'll be living in a prison.

In a prison.

- Darina is asking us
to give her five years

for what she did to you
and to your wife.

- I haven't even held
my baby yet.

[sighs]

This is going to be
her nursery.

I want to give her a name,
baptize her.

[solemn music]

* *

Please, I'm begging you,
make the deal.

Please, Mr. Price,
give her whatever she wants.

Just let me have my daughter.

* *

Five years is low,

but it's what's best
for the baby,

and it's what
the victim's husband wants.

- Well, he is desperate,
but the defendant

is essentially holding
his baby hostage.

- I was hoping there was
a deal to be made here,

but I cannot allow someone

to use a child
as a bargaining chip.

That's a line I can't cross.

- Then I will continue
with the trial.

Can you bring it home?

- They put on a strong defense,
and it's about to get stronger.

The defendant
is gonna testify today.

And like it or not,
she is very sympathetic.

I'm concerned it'll look
like I'm beating up on

a traumatized woman.

There's a solution to that.

You do the cross.

Because I'm a woman?

No.

You've told me about
your family's history.

I think you have unique
insight into Darina's

backstory and her psyche.

- I'm not sure
I'm comfortable with that.

- I'm not asking you to do
anything unethical or illegal.

- I know, but--

- Go into the courtroom
and do your job.

You're part of the team,
and you need to step up.

[tense music]

* *

- I thought Tom and Eileen
would be out late.

I was startled when Eileen
came in and saw me packing.

She confronted me,
told me I couldn't leave.

- Did she physically
prevent you from leaving?

Did she block your path?

Yes, she yelled,

said she was going to call
the authorities,

get me deported.

I panicked.

I didn't want to go
back to Ukraine.

There was a hammer
on the dresser.

So you hit her?

Yes.

[soft music]

And Tom must have heard
what was going on.

He came in, started yelling,
grabbing at me.

And so I hit him too.

- You thought
you were under attack?

Yes.

Your witness.

[dramatic music]

* *

Ms. Meleshko,

what exactly did
Tom and Eileen say

that made you feel threatened?

- That they were going
to call the police.

- Did they say
you couldn't leave?

Yes.

And that triggered you?

It did.

* *

So you're saying that

that made you feel
like you were under attack?

Yes.

* *

Ask for a recess.

Do it now.

* *

- Your Honor,
may we have a brief recess?

Let's all stretch our legs.

Be back in 15 minutes.

[gavel bangs]

* *

What the hell is going on?

You're lobbing them softballs.

Are you intentionally
throwing the case?

No, I'm doing the best I can.

Really?

- One of my earliest
childhood memories,

it was this massive
power outage,

and the whole city went dark.

My father instinctively
packed our bags,

got us all in the car.

My family was halfway to Canada
when the lights went back on.

My point is my parents
believed we were under attack.

- You need to find a way to put
your personal feelings aside.

I'm not sure I can.

- Last year,
I tried a death penalty case.

I advocated in favor

of sentencing a man
to his death.

That went against
everything I stood for.

Why'd you do it?

McCoy told me to.

And he had every right
to do so.

* *

You and I,
we serve at the pleasure

of the district attorney.

We are part of his team.

When push comes to shove,
he calls the shots.

So you have two choices--

tender your resignation

or figure out a way
to rise to the occasion.

* *

- Ms. Meleshko,
before we went on a break,

I was asking you
about your state of mind.

Yes, I remember.

- You were saying that you felt
like you were under attack?

Yes.

- And that is based on
your experience from Ukraine?

Yes.

- Now I'd like to turn
to the victims.

When you were bashing
Eileen Porter in the head,

did you happen to notice
that brain matter

was seeping out of her skull?

[dramatic music]

No, I didn't.

- Did she cry out in pain,
beg you to stop hurting her?

* *

I wasn't in my right mind.

- But you were thinking
clearly enough

to wash Tom and Eileen's blood
off your hands.

It wasn't like that.

And you washed the hammer,

tried to get rid
of your fingerprints, DNA.

I was afraid.

- You were afraid
of getting caught.

So you destroyed evidence,
then you fled the scene.

You left Eileen Porter dead.

You left Tom Porter
bleeding out.

You didn't call for help.

I wish I had.

- And if that wasn't bad
enough, the next day,

you went to Riverdale
to sell their baby

to a couple with more money.

Isn't that true?

* *

Isn't that true?

* *

[sighs]

* *

- I have no more questions
for this witness.

* *

- Members of the jury,
in the matter of

People versus Darina Meleshko,
how do you find?

We find the defendant guilty.

* *

- Members of the jury,
thank you for your service.

We are adjourned.

[gavel bangs]

* *

Nice work.

* *

So what does all this mean?

- Well, it means that
we got justice for your wife.

- I know, but what about
my little girl?

What does this mean for her?

I don't know.

* *

[wolf howls]