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NARRATOR:
In the criminal justice system
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00:00:08,070 --> 00:00:11,940
the people are represented by two
separate yet equally important groups,
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00:00:12,010 --> 00:00:13,840
the police
who investigate crime
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00:00:13,910 --> 00:00:16,670
and the district attorneys
who prosecute the offenders.
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These are their stories.
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00:00:22,320 --> 00:00:25,910
MAN 1: It's unbelievable. It
holds, like, over 10,000 songs.
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MAN 2: Dude, you don't
even know 10,000 songs.
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And where do you get off
buying something like this
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00:00:30,190 --> 00:00:31,490
when you still owe me
a hundred bucks?
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00:00:31,560 --> 00:00:34,150
MAN 1: (STAMMERS)
I know 100,000 songs.
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That's why they call me
the Human Juke Box.
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Hey, grab me a corn muffin.
I got to hit the head.
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00:00:40,470 --> 00:00:42,940
Yeah,yeah,yeah. Black
coffee and a corn muffin.
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00:00:51,010 --> 00:00:53,410
Yo, bro. Canadian.
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00:00:53,780 --> 00:00:56,150
So? What is
the difference?
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00:00:56,220 --> 00:00:58,210
About 30 cents on
the damned dollar!
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It's useless, you understand?
It's a slug!
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(LOUD CRASHING)
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(ALL SCREAMING)
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Jerry?
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Jerry!
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OFFICER: We got 20 or so injured,
a couple of them serious.
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ED: Lucky it
wasn't rush hour.
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It would have been worse,
but the ferry troop
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pulled a bunch of the
injured out of the water.
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They're real heroes.
They deserve a medal.
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One DOA. Female, white. We found
her purse on the rear upper deck.
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ID?
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00:01:34,520 --> 00:01:38,650
Yeah. Driver's license says her name's
Donna McClean, 34. Brooklyn address.
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Thanks. Hey, Brody,
what you got?
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The foam around her mouth
would indicate she drowned.
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00:01:44,300 --> 00:01:47,170
Looks like she hit her head on the
side of the boat when she fell.
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00:01:47,240 --> 00:01:51,000
Pretty nasty blow. Wouldn't be
surprised if she fractured her skull.
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All right.
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Hey, anything?
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00:01:53,880 --> 00:01:56,400
No, everybody says the boat
should have stopped, but didn't.
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Smacked the dock
petal to the medal.
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Did anybody
see her go in?
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00:01:59,310 --> 00:02:00,410
No. Nobody
mentioned athing.
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00:02:00,480 --> 00:02:02,180
Carlsen. DOT.
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I'm curious. What's Homicide
doing at an accident scene?
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00:02:05,120 --> 00:02:07,050
Two words, "dead body."
Criminal liability.
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Well, we don't know that yet.
Well, we do
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00:02:08,690 --> 00:02:10,720
until we prove
otherwise, okay?
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00:02:10,790 --> 00:02:13,280
Detective? I found
this in the Pilothouse.
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Gin. See what I mean?
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00:02:16,870 --> 00:02:19,230
Okay. Let's go talk
to Captain Tanqueray.
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00:02:19,300 --> 00:02:21,500
The pilot we got back here.
You lead the way.
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00:02:26,680 --> 00:02:28,640
He was just here.
He was drinking coffee.
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00:02:28,710 --> 00:02:30,440
You left him
by himself?
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00:02:30,510 --> 00:02:32,780
Sorry. I'll, um... I'm going to
get you his name and address.
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ED: Do that, man.
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00:02:34,280 --> 00:02:36,770
Hey, can you get CSU to dust
and voucher these cups?
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00:02:38,190 --> 00:02:40,450
That's an awful lot of coffee
for one guy, isn't it?
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00:02:40,520 --> 00:02:42,390
Not if you're trying
to sober up.
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00:02:47,730 --> 00:02:49,090
(SIREN WAILS)
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ED: Damn! What are
the Feds doing here?
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FONTANA: Federal Maritime Law.
You kill somebody in U.S. waters
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00:02:53,600 --> 00:02:55,830
through negligence
or misconduct.
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NYPD?
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00:02:58,840 --> 00:03:00,670
Homicide.
Detective Green.
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00:03:01,510 --> 00:03:02,640
Fontana.
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00:03:02,710 --> 00:03:04,010
Special Agent Diamond.
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00:03:04,350 --> 00:03:05,610
The pilot's MIA.
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00:03:05,710 --> 00:03:07,050
Butthen, I guess you
guys know that.
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00:03:07,580 --> 00:03:09,070
Sorry, guys,
this one's ours.
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00:03:09,150 --> 00:03:10,450
Well, if you
need anything.
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(LAUGHS) I appreciate it.
Take it easy.
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Stiff.
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00:03:16,390 --> 00:03:18,090
Yeah, when you
walk on water.
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00:03:19,160 --> 00:03:21,130
Come on, I want to
show you something.
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You see this stuff?
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00:03:28,440 --> 00:03:29,840
This is copper
based paint.
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00:03:29,940 --> 00:03:31,270
I think they use
it on boats
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and ships and hulls.
Stuff like that.
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00:03:33,540 --> 00:03:36,240
What are you saying? That the Feds are
looking for the wrong kind of vehicle?
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00:03:36,310 --> 00:03:37,610
Maybe the guy's
got a boat.
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00:03:37,680 --> 00:03:39,410
Well, wouldn't the boat be
registered with his car?
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00:03:39,480 --> 00:03:41,380
Let's see if it's registered
in his wife's name.
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00:03:42,580 --> 00:03:44,310
You did say we'd help him.
Uh-huh.
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00:03:48,920 --> 00:03:50,290
There's no
signs of life.
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00:03:50,360 --> 00:03:52,690
Hey, if we see anything, we step
off, we get a warrant, all right?
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00:03:52,760 --> 00:03:54,020
Oh, yeah, sure.
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00:03:57,970 --> 00:04:00,200
Mr. Williams? Anybody home?
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00:04:02,040 --> 00:04:03,160
It's the police.
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00:04:04,410 --> 00:04:08,210
Captain? NYPD. We need
to talk to you, sir.
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00:04:15,350 --> 00:04:17,150
Aw, jeez Louise!
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(SIREN WAILING)
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00:05:08,670 --> 00:05:10,470
Is he going to make it?
ED: Uh-huh.
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00:05:10,540 --> 00:05:12,130
Lucky we got here in time.
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00:05:13,340 --> 00:05:14,830
Thanks.
You're welcome.
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00:05:17,350 --> 00:05:18,440
What the hell
is this?
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00:05:18,510 --> 00:05:20,740
I'm going to tell you what
it is, Agent Diamond.
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00:05:20,820 --> 00:05:24,750
It's my tailor-made Italian silk
shirt with his blood on it.
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00:05:24,820 --> 00:05:26,450
A little thing we
like to call evidence.
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00:05:26,520 --> 00:05:28,680
You take it and you run
a toxicology screen.
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00:05:28,760 --> 00:05:30,660
And by the way,
I'm billing the FBI.
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00:05:30,860 --> 00:05:32,050
Now, excuse me.
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00:05:33,400 --> 00:05:34,590
(CHUCKLES)
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00:05:36,130 --> 00:05:39,730
$300 Italian silk. I got it
the last time I was in Rome,
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00:05:39,800 --> 00:05:42,930
at this great little negozio
just off the Piazza Navona.
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00:05:43,910 --> 00:05:45,570
Oh, well. Easy come,
easy go.
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00:05:45,640 --> 00:05:47,440
Listen, I just heard
from the U.S. Attorney.
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00:05:47,510 --> 00:05:49,440
They're running his
blood alcohol now.
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00:05:49,510 --> 00:05:50,980
Guaranteed he was three
sheets to the wind.
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00:05:51,050 --> 00:05:52,410
Anyway, he's
the Feds' problem now.
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00:05:52,480 --> 00:05:55,510
Yeah, but a couple of the
injured were city workers,
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00:05:55,580 --> 00:05:58,850
so the Manhattan D.A. is planning
to file charges of his own.
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00:05:58,920 --> 00:06:00,410
So what are you
saying, Lieutenant?
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I'm going to need you to
re-interview those witnesses.
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00:06:04,260 --> 00:06:05,820
I got a clean shirt
in my locker.
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00:06:07,860 --> 00:06:09,020
$300 shirts?
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00:06:09,630 --> 00:06:11,690
(LAUGHS) You should
see his ride!
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I was working
forward deck.
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I heard a scream,
and then a splash,
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00:06:19,810 --> 00:06:21,280
and then the ferry
hit the dock.
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00:06:21,340 --> 00:06:23,810
Wait. Run that by me again. You
heard something before the crash.
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00:06:24,110 --> 00:06:26,740
Yes. I went to the
starboard side rail.
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I thought I saw
someone in the water,
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00:06:28,720 --> 00:06:30,690
but then the boat hit
and threw me down.
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00:06:30,850 --> 00:06:33,180
You're sure that's the
way it happened? Yes.
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Scream, splash, somebody's
in the water, crash.
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Positive.
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(CELL PHONE RINGING)
Excuse me.
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00:06:39,460 --> 00:06:43,190
Hello? Uh-huh.
Okay. Thanks.
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00:06:44,600 --> 00:06:47,360
Lab results are in.
Pilot wasn't intoxicated.
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00:06:48,040 --> 00:06:49,900
Well, whose flask of
gin did we find then?
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00:06:49,970 --> 00:06:52,500
Who knows? It could have
been from the night shift.
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00:06:53,480 --> 00:06:54,700
Doesn't mean
he's off the hook.
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00:06:54,780 --> 00:06:56,640
He was still asleep
behind the wheel.
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00:06:56,710 --> 00:07:00,170
Deck hand says he heard a scream
and a splash before the crash.
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00:07:00,250 --> 00:07:02,270
Donna McClean, the DOA? Maybe.
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00:07:02,350 --> 00:07:04,320
The deck hand thinks he saw
somebody in the water,
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00:07:04,390 --> 00:07:05,440
but he's not
sure who.
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00:07:05,520 --> 00:07:07,110
Why couldn't it
have been suicide?
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00:07:07,220 --> 00:07:08,850
Well, it could have been,
but why would you wait
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00:07:08,920 --> 00:07:10,890
until you're almost docked
to take a swan dive?
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00:07:10,960 --> 00:07:12,590
Why not take your shot in
the middle of the harbor
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00:07:12,660 --> 00:07:14,130
where nobody
could fish you out?
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00:07:14,200 --> 00:07:15,860
Plus the head injury.
That's more like she fell.
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00:07:15,930 --> 00:07:17,660
If she had jumped, she probably
would have cleared the boat.
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00:07:17,730 --> 00:07:19,460
If she fell,
that's an accident.
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00:07:19,530 --> 00:07:20,660
Not if she had help.
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00:07:20,740 --> 00:07:23,570
Then she's our DOA,
not the Feds'.
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RODGERS: Hairline
skull fracture.
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00:07:27,440 --> 00:07:29,430
Traces of paint found
in the head wound
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00:07:29,510 --> 00:07:31,500
match paint from
the lower railing.
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00:07:31,580 --> 00:07:32,810
ED: There was blood
on the railing, too.
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00:07:32,880 --> 00:07:34,510
Yeah. DNA lab's
running it now.
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00:07:34,580 --> 00:07:36,210
I'll bet you a
dollar it's hers.
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00:07:36,580 --> 00:07:37,750
Did the fall
kill her?
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00:07:37,820 --> 00:07:40,750
Well, didn't do her any
good, but not directly, no.
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00:07:41,260 --> 00:07:42,550
It might have knocked
her out cold,
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00:07:42,620 --> 00:07:44,960
but she was alive when she hit the water.
She drowned.
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00:07:45,060 --> 00:07:46,960
Any defensive wounds?
Did she struggle?
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00:07:47,030 --> 00:07:48,020
No.
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00:07:49,930 --> 00:07:53,160
But look at
these bruises.
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00:07:54,600 --> 00:07:57,370
Hmm. Just about the
height of the top rail.
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00:07:58,240 --> 00:07:59,970
Right where they'd be if
somebody pushed her hard enough
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00:08:00,040 --> 00:08:01,480
to put her
into the drink.
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00:08:05,410 --> 00:08:06,810
McCLEAN: Any idea
what happened yet?
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00:08:06,880 --> 00:08:09,040
The investigation is
going to take awhile.
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00:08:09,350 --> 00:08:10,750
So far they're not
ruling out anything.
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00:08:11,450 --> 00:08:13,820
What was your wife doing
on that ferry anyway?
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00:08:13,890 --> 00:08:15,790
She had an appointment to get
her hair done in Midtown.
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00:08:17,330 --> 00:08:18,590
Mr. McClean.
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00:08:20,300 --> 00:08:22,230
Was your wife
depressed at all?
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00:08:22,960 --> 00:08:26,870
What are you talking about? Are you
saying she jumped? This was an accident.
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00:08:27,340 --> 00:08:28,890
We have a witness that
may have seen Donna
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00:08:28,970 --> 00:08:30,770
in the water before
the ferry crashed.
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00:08:30,840 --> 00:08:34,140
No way. We were very happy.
We have a great family.
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00:08:35,210 --> 00:08:36,580
She'd never leave
us on purpose.
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00:08:38,110 --> 00:08:39,340
You're a firefighter?
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00:08:41,220 --> 00:08:42,210
Retired.
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00:08:43,280 --> 00:08:44,450
You were there?
Ground Zero?
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00:08:46,020 --> 00:08:48,010
Yeah. We all were.
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00:08:49,520 --> 00:08:50,790
GIRL: Ed?
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00:08:51,290 --> 00:08:52,690
Sarah's crying again.
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00:08:54,330 --> 00:08:55,760
Look, I appreciate
your concern,
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00:08:55,830 --> 00:08:57,590
but this was an accident.
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00:08:58,100 --> 00:09:01,400
So find out who was responsible
and nail them to the wall, okay?
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00:09:05,170 --> 00:09:08,010
When you were a kid, did you ever
call your old man by his first name?
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00:09:08,080 --> 00:09:11,770
(SCOFFS) Not unless I wanted to smell
the Aqua Velva on the back of his hand.
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00:09:13,750 --> 00:09:15,880
Okay. I got it. Thanks.
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00:09:16,350 --> 00:09:18,180
Donna McClean legally
changed her name
186
00:09:18,250 --> 00:09:20,520
about two years ago when
she married Ed McClean.
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00:09:20,590 --> 00:09:22,750
Before that she
was Donna Mahar,
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00:09:22,820 --> 00:09:25,320
married to a Joe Mahar,
also a firefighter.
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00:09:25,390 --> 00:09:26,790
So let's go talk
to Joe Mahar.
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00:09:26,860 --> 00:09:28,630
Uh-uh.
Died in 9/11.
191
00:09:28,700 --> 00:09:31,260
He was in the same engine
company as Ed McClean.
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00:09:34,600 --> 00:09:36,230
Joe and Ed
were inseparable.
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00:09:36,300 --> 00:09:38,170
Frick and Frigging Frack
we called them.
194
00:09:38,240 --> 00:09:40,040
That's why Ed got assigned
Donna after Joe died.
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00:09:40,110 --> 00:09:41,130
Assigned?
196
00:09:41,240 --> 00:09:43,510
When one of our own dies,
we look after the widow.
197
00:09:43,580 --> 00:09:45,340
Help them with
groceries, bills.
198
00:09:46,280 --> 00:09:49,270
I think Ed did more than
unpack a few D'Agostino bags.
199
00:09:49,350 --> 00:09:51,550
Hey, listen.
Things happen.
200
00:09:51,620 --> 00:09:53,350
You know how emotional
it was. The aftermath.
201
00:09:53,420 --> 00:09:54,790
We all lost
near and dear.
202
00:09:54,860 --> 00:09:57,550
Yeah, so I'm saying
they comforted each other.
203
00:09:57,630 --> 00:10:00,060
Right after the attacks, Ed
spent a lot of time with Donna.
204
00:10:00,160 --> 00:10:02,190
All right. One thing
led to another.
205
00:10:03,130 --> 00:10:05,330
Well, what about Ed?
Was he married?
206
00:10:05,400 --> 00:10:07,770
Collette. High school sweethearts.
That kind of thing.
207
00:10:07,840 --> 00:10:10,240
ED: They got kids? Ten-year-olds.
Twin boys.
208
00:10:10,310 --> 00:10:11,500
He's a good father, Ed.
209
00:10:11,970 --> 00:10:14,940
Really? And he left their mother
for his best friend's widow?
210
00:10:16,710 --> 00:10:19,650
What kind of settlement did Donna
get for her husband's death?
211
00:10:19,710 --> 00:10:21,770
Those 9/11 settlements
ran in the millions.
212
00:10:21,850 --> 00:10:24,050
Ed wasn't after her money.
213
00:10:24,120 --> 00:10:26,850
He fell in love with Donna. He
didn't mean to, hejust did.
214
00:10:30,790 --> 00:10:32,160
(DOORBELL RINGING)
215
00:10:32,930 --> 00:10:34,190
WOMAN: You looking
for Collette?
216
00:10:35,400 --> 00:10:38,890
Yeah. NYPD. Do you know
where we can find her?
217
00:10:39,370 --> 00:10:40,490
She's at work.
218
00:10:40,970 --> 00:10:42,270
FONTANA: How well do you
known the McCleans?
219
00:10:42,970 --> 00:10:44,700
Yeah, her name's
Connolly now.
220
00:10:44,770 --> 00:10:47,210
It's her maiden name. She went
back to it after the divorce.
221
00:10:48,410 --> 00:10:49,740
So, do you know Ed and
Collette pretty well?
222
00:10:50,110 --> 00:10:51,370
Sure. Forever.
223
00:10:52,150 --> 00:10:53,840
This is a very
tight-knit community.
224
00:10:54,380 --> 00:10:55,370
Was.
225
00:10:56,380 --> 00:10:58,580
Come in for a minute. I got
to keep an eye on my husband.
226
00:11:02,020 --> 00:11:05,390
You know, people have to wait a little
longer in line at the airports,
227
00:11:05,460 --> 00:11:07,860
saying 9/11
changed everything.
228
00:11:09,100 --> 00:11:10,500
They have no idea.
229
00:11:10,570 --> 00:11:13,190
This neighborhood? We used
to do everything together.
230
00:11:13,270 --> 00:11:15,930
I mean, everybody worked for
the fire department, police.
231
00:11:16,840 --> 00:11:18,100
Now we're strangers.
232
00:11:19,240 --> 00:11:22,040
Divorce, remarriage...
233
00:11:22,780 --> 00:11:25,750
It will never be like
it was, that's for sure.
234
00:11:27,350 --> 00:11:30,010
9111's going to kill Russ
just as sure as it killed Joe
235
00:11:30,080 --> 00:11:32,080
and the other men who
were there that day.
236
00:11:32,150 --> 00:11:34,990
How so? Russ was at
Ground Zero for weeks.
237
00:11:35,920 --> 00:11:38,360
Leukemia. From mercury.
238
00:11:40,160 --> 00:11:42,530
Millions of busted
fluorescent light bulbs
239
00:11:43,300 --> 00:11:44,530
from the Towers.
240
00:11:46,330 --> 00:11:48,860
Donna wears a Chanel
dress to Joe's memorial,
241
00:11:48,940 --> 00:11:52,530
and the guys who found his body
can't even pay their medical bills.
242
00:11:53,640 --> 00:11:55,170
Did you ever
ask Donna for help?
243
00:11:56,140 --> 00:11:57,870
No, I don't see
Donna anymore.
244
00:11:59,010 --> 00:12:00,670
I'm not a part
of her new life.
245
00:12:01,320 --> 00:12:03,110
You mean her new life
with Ed McClean?
246
00:12:03,180 --> 00:12:05,350
Her new life with
the Dead Wives Club.
247
00:12:06,450 --> 00:12:09,150
What they call themselves,
9/11 widows.
248
00:12:10,490 --> 00:12:12,550
They cleaned up after
their husbands died.
249
00:12:12,930 --> 00:12:14,360
From what I heard,
it was a lot of money.
250
00:12:14,430 --> 00:12:18,390
No, it's not just the money.
It's how they act with it.
251
00:12:19,000 --> 00:12:21,800
Parading it around town
like its freaking Mardi Gras,
252
00:12:21,870 --> 00:12:23,700
while the rest of us
just scrape by.
253
00:12:24,810 --> 00:12:26,070
Like Collette's
scraping by?
254
00:12:26,610 --> 00:12:28,510
That bastard left
her high and dry.
255
00:12:28,880 --> 00:12:31,070
Why do you think she
had to go back to work?
256
00:12:31,850 --> 00:12:33,540
COLLETTE: I was
plenty angry at first,
257
00:12:33,620 --> 00:12:35,170
but you got to move on.
258
00:12:35,250 --> 00:12:37,280
Anger doesn't do
anyone any good,
259
00:12:37,350 --> 00:12:38,840
especially not
the kids.
260
00:12:40,020 --> 00:12:42,290
Me and Ed, we got to do what's
right for the boys' sakes,
261
00:12:42,360 --> 00:12:43,720
try and act civilized.
262
00:12:44,190 --> 00:12:46,160
I just feel sorry
for Donna's girls.
263
00:12:46,630 --> 00:12:50,330
You know, Ms. Connolly, we checked
into your ex-husband's finances,
264
00:12:50,400 --> 00:12:53,630
and all of the 9111 settlement
money is in Donna's name.
265
00:12:53,700 --> 00:12:57,300
She also got death benefits from the
city and from Joe's life insurance,
266
00:12:57,740 --> 00:12:59,570
not to mention
over$2 million
267
00:12:59,640 --> 00:13:02,080
from the Federal Victims
Compensation Fund.
268
00:13:02,140 --> 00:13:04,480
Yeah, well, she deserved it.
She lost her husband.
269
00:13:04,750 --> 00:13:06,110
So did you.
270
00:13:07,820 --> 00:13:10,910
Your ex-husband officially
retired on a disability pension.
271
00:13:11,420 --> 00:13:13,440
Yeah. After 9111, he
couldn't go back to work.
272
00:13:13,520 --> 00:13:14,750
But you had to.
273
00:13:14,820 --> 00:13:17,150
He pays you minimal
child support and alimony.
274
00:13:17,330 --> 00:13:18,380
Yeah,
what can you do?
275
00:13:18,460 --> 00:13:19,980
I mean, these are things
the court decides.
276
00:13:21,200 --> 00:13:23,100
You're very understanding,
Ms. Connolly.
277
00:13:23,160 --> 00:13:24,830
Well, like I said,
it's for the kids.
278
00:13:24,900 --> 00:13:26,700
And to tell you the truth,
I don't mind working.
279
00:13:26,770 --> 00:13:28,290
It gets me out
of the house.
280
00:13:30,100 --> 00:13:32,040
How did you break your arm?
My wrist.
281
00:13:32,840 --> 00:13:34,740
I fell. My fault.
282
00:13:34,810 --> 00:13:38,040
I was racing up the subway steps
late for work and I tripped.
283
00:13:38,110 --> 00:13:40,080
I put my arm out
to brace myself, and...
284
00:13:40,150 --> 00:13:41,510
When was that?
285
00:13:42,280 --> 00:13:44,410
The day before yesterday,
as a matter of fact.
286
00:13:45,220 --> 00:13:46,810
The same day
that Donna died?
287
00:13:46,950 --> 00:13:48,320
That morning, yeah.
288
00:13:49,290 --> 00:13:50,550
It was a bad day.
289
00:13:54,830 --> 00:13:56,390
Thank you. We'll talk again.
290
00:13:58,630 --> 00:14:00,930
She broke her wrist the
same day as the crash.
291
00:14:01,000 --> 00:14:02,440
Now, there's a
coincidence for you.
292
00:14:02,500 --> 00:14:04,600
Yes, indeed.
I tell you one thing.
293
00:14:04,670 --> 00:14:08,730
I never heard a woman talk so good
about a man who done her so bad.
294
00:14:11,980 --> 00:14:15,240
Positively, the late Mrs. McClean's
blood on the lower railing.
295
00:14:15,320 --> 00:14:17,550
Did CSU find anything
on the upper deck?
296
00:14:17,620 --> 00:14:19,810
Fingerprints and
two sweaty palm prints
297
00:14:19,890 --> 00:14:22,150
from two
different individuals,
298
00:14:22,220 --> 00:14:25,220
both left hands, right next to
each other on the upper railing.
299
00:14:25,290 --> 00:14:27,190
CSU lifted
a partial off one,
300
00:14:27,260 --> 00:14:28,850
Latent matched it
to Mrs. McClean.
301
00:14:29,000 --> 00:14:30,430
What about the other one?
Of no value.
302
00:14:30,500 --> 00:14:33,700
But they recovered some DNA from it.
Not Mrs. McClean's.
303
00:14:33,770 --> 00:14:36,170
You can get DNA from
a sweaty palm print?
304
00:14:36,800 --> 00:14:38,830
(LAUGHS) Low copy
number analysis.
305
00:14:38,910 --> 00:14:40,670
You ID any suspects,
get me their DNA,
306
00:14:40,740 --> 00:14:42,940
I can run a comparison
to see if they match.
307
00:14:44,980 --> 00:14:46,970
Ed McClean's
coming in today.
308
00:14:47,120 --> 00:14:48,780
Guilty people don't
normally drive themselves
309
00:14:48,850 --> 00:14:50,440
to the M.E.'s office
to give up DNA.
310
00:14:50,520 --> 00:14:51,710
Which leaves
his ex-wife.
311
00:14:51,790 --> 00:14:53,480
She's not returning
our calls.
312
00:14:55,390 --> 00:14:57,830
That's a nice ride.
Yeah, it's okay.
313
00:14:57,890 --> 00:15:00,880
So I checked the subway
times with Transit.
314
00:15:01,330 --> 00:15:05,890
There are trains that pull into
that station at 10:45 and 11:12.
315
00:15:05,970 --> 00:15:09,430
According to Saint Ann's, she
signed in the E.R. at 11:15.
316
00:15:09,500 --> 00:15:11,910
So she fell,
broke her wrist,
317
00:15:11,970 --> 00:15:14,770
and either waited a half an hour
to get medical treatment...
318
00:15:14,840 --> 00:15:18,070
Or she sprinted eight blocks in three
minutes with a fractured wrist.
319
00:15:18,810 --> 00:15:20,940
She didn't look like
Marion Jones to me.
320
00:15:21,020 --> 00:15:23,450
On the other hand, the
ferry crashed at 10:00.
321
00:15:23,720 --> 00:15:26,210
She had plenty of time to
get uptown to Saint Ann's.
322
00:15:30,430 --> 00:15:33,330
Just because I can't remember exactly
when I fell, that doesn't mean...
323
00:15:33,390 --> 00:15:35,890
Oh, no, no! We're not
accusing you of anything.
324
00:15:35,960 --> 00:15:37,930
It's just that we
have to clear up
325
00:15:38,000 --> 00:15:40,990
these little discrepancies in
the timeline for our report.
326
00:15:41,840 --> 00:15:44,070
It's our boss. She's a
stickler like that.
327
00:15:45,740 --> 00:15:47,140
You know? You're right.
328
00:15:48,110 --> 00:15:49,770
I didn't go straight
to the hospital.
329
00:15:50,410 --> 00:15:52,850
I waited to see if I put some ice
on it, would it feel better.
330
00:15:52,910 --> 00:15:57,750
And it didn't, so that's when I
decided I needed to go to the E.R.
331
00:15:58,520 --> 00:16:02,290
Uh-huh. Ms. Connolly? Could I
trouble you for a cup of coffee?
332
00:16:02,360 --> 00:16:03,790
I'm dragging,
andifldonW get ajolt,
333
00:16:03,860 --> 00:16:05,190
I'm never going to
make it through the day.
334
00:16:05,260 --> 00:16:07,730
Sure. I just made a pot.
How do you take it?
335
00:16:08,860 --> 00:16:11,200
Black. Truckload
of sugar. Thanks.
336
00:16:14,300 --> 00:16:15,460
Do you ever use it?
337
00:16:16,770 --> 00:16:19,470
What? The ferry? I wish.
338
00:16:20,170 --> 00:16:21,400
FONTANA: You should.
339
00:16:21,840 --> 00:16:23,210
I never have time.
340
00:16:23,950 --> 00:16:25,740
Well, didn't you use
it the other day?
341
00:16:29,380 --> 00:16:31,220
I took the subway.
I told you.
342
00:16:32,520 --> 00:16:34,110
Right. Your wrist.
Mmm-hmm.
343
00:16:35,020 --> 00:16:37,820
Thanks. You should
pay this parking ticket.
344
00:16:38,190 --> 00:16:40,350
Yeah, I'm a little
behind on the bills.
345
00:16:41,130 --> 00:16:43,320
Twins, huh?
Mmm-hmm.
346
00:16:43,760 --> 00:16:46,320
I got two boys myself.
Eric and Tyler.
347
00:16:46,530 --> 00:16:48,560
Oh, yeah? How old?
Twelve and 14.
348
00:16:48,640 --> 00:16:50,700
(LAUGHS) Teenagers. Wow.
349
00:16:51,170 --> 00:16:52,160
It's rough.
350
00:16:54,040 --> 00:16:57,070
You know, if my wife
left me and my sons
351
00:16:57,140 --> 00:17:00,010
and lived like royalty
while we struggled,
352
00:17:00,820 --> 00:17:02,340
I'd be out of my mind.
353
00:17:03,990 --> 00:17:05,510
Yeah, well, that's you.
Not me.
354
00:17:07,120 --> 00:17:11,290
All I'm saying is, I could understand
if you did something about it.
355
00:17:14,660 --> 00:17:16,100
I didn't do anything.
356
00:17:17,270 --> 00:17:19,060
Then you wouldn't mind
giving us your DNA?
357
00:17:21,040 --> 00:17:23,060
It's the easiest way
to get this behind you.
358
00:17:27,880 --> 00:17:29,780
I'll just check
with my lawyer first.
359
00:17:32,410 --> 00:17:34,510
You know, most dudes lie
about not being married.
360
00:17:34,580 --> 00:17:35,810
Uh, lthought
I'd take a shot.
361
00:17:35,880 --> 00:17:37,510
You ever been married?
No. Never. You?
362
00:17:37,590 --> 00:17:39,520
Hell, no. Too young.
Too old.
363
00:17:39,590 --> 00:17:41,080
Now let's go talk
to that E.R. doctor
364
00:17:41,160 --> 00:17:43,390
and find out how she
really broke her wrist.
365
00:17:44,230 --> 00:17:47,130
Of course I can't discuss a
patient's medical history with you.
366
00:17:47,190 --> 00:17:49,990
Okay. Let's say we
spoke in hypotheticals.
367
00:17:50,060 --> 00:17:52,230
Hypotheticals? Oh, yeah.
We love hypotheticals.
368
00:17:52,300 --> 00:17:53,630
Okay, shoot.
369
00:17:53,700 --> 00:17:55,330
Okay, let's say,
hypothetically,
370
00:17:55,400 --> 00:17:57,870
that somebody's rushing
up some concrete steps...
371
00:17:57,940 --> 00:17:59,000
Like a subway.
Right.
372
00:17:59,070 --> 00:18:00,600
And they trip and
they fall forward.
373
00:18:00,680 --> 00:18:02,070
When someone puts their
arm out in front of them
374
00:18:02,140 --> 00:18:03,610
to break their fall,
the type of fracture
375
00:18:03,680 --> 00:18:06,650
that results is always the
same, a Colles fracture.
376
00:18:06,710 --> 00:18:09,210
Okay, so if somebody
has a Colles fracture,
377
00:18:09,280 --> 00:18:13,480
their story of tripping and falling
forward would be consistent?
378
00:18:14,990 --> 00:18:17,320
Well, let's say a person has a
different sort of fracture.
379
00:18:17,390 --> 00:18:18,650
A Smith's fracture.
380
00:18:19,060 --> 00:18:21,290
There would be a discrepancy
in what they're telling you?
381
00:18:21,500 --> 00:18:25,330
A Smith's fracture results from an
outstretched arm to prevent a backwards fall.
382
00:18:25,970 --> 00:18:27,230
You understanding
what I'm saying?
383
00:18:27,300 --> 00:18:29,290
Yeah. You can't get
a Smith's fracture
384
00:18:29,370 --> 00:18:31,770
from a forward fall with your arms
stretched out in front of you.
385
00:18:31,840 --> 00:18:33,570
Anatomically impossible.
386
00:18:35,110 --> 00:18:37,670
Two palm prints, both of them
left-handed, right? Right.
387
00:18:37,750 --> 00:18:40,110
Let's say Donna McClean
was standing here,
388
00:18:40,180 --> 00:18:43,740
put her left hand on the railing
as the boat pulled into the dock.
389
00:18:43,820 --> 00:18:45,910
Collette Connolly
comes from behind.
390
00:18:45,990 --> 00:18:47,550
Hypothetically.
Right.
391
00:18:47,690 --> 00:18:49,380
She pushes her over.
Donna screams.
392
00:18:49,460 --> 00:18:51,390
She falls, she hits her
head on the lower railing.
393
00:18:51,460 --> 00:18:53,220
She goes into the water,
and she drowns.
394
00:18:53,290 --> 00:18:54,630
Now, that's what
the deckhand said.
395
00:18:54,700 --> 00:18:57,790
Okay, but how does the second
sweat print get on the hand rail?
396
00:18:57,870 --> 00:18:59,960
The killer needs two hands
to push the victim over.
397
00:19:00,170 --> 00:19:02,230
Okay. After Donna
goes into the water
398
00:19:02,300 --> 00:19:04,070
is when the ferry
hit the dock, right?
399
00:19:04,140 --> 00:19:05,160
Right.
Okay.
400
00:19:05,240 --> 00:19:07,830
The impact of the crash
sends Collette forward,
401
00:19:09,440 --> 00:19:10,430
and then back.
402
00:19:10,510 --> 00:19:13,740
She tries to hold on to the
railing with her left hand,
403
00:19:13,810 --> 00:19:15,150
but she can't
keep her grip...
404
00:19:15,280 --> 00:19:16,650
Leaving a sweaty palm print.
405
00:19:16,720 --> 00:19:18,410
Exactly.
She falls backwards.
406
00:19:18,490 --> 00:19:21,680
She tries to brace her
fall with her right hand.
407
00:19:22,720 --> 00:19:23,920
Smith's fracture.
408
00:19:24,360 --> 00:19:25,660
Smith's fracture.
409
00:19:28,330 --> 00:19:29,660
You're in a whole
lot of trouble, Collette.
410
00:19:30,700 --> 00:19:34,640
We've got witnesses that saw you push
Donna over the side of that boat.
411
00:19:35,500 --> 00:19:38,370
No, that's impossible. lwasn't there.
I wasn't on that ferry.
412
00:19:38,440 --> 00:19:39,910
Look, we know
you're lying.
413
00:19:40,010 --> 00:19:41,670
We know didn't
take the subway.
414
00:19:41,740 --> 00:19:43,840
We know you didn't trip
and fall on any stairs.
415
00:19:43,940 --> 00:19:45,740
I told you how
I broke my wrist.
416
00:19:45,810 --> 00:19:47,140
Yeah, well,
we talked to a doctor
417
00:19:47,210 --> 00:19:49,620
who said that it couldn't have
happened the way that you said.
418
00:19:49,680 --> 00:19:50,980
Now when that boat
hit the dock,
419
00:19:51,350 --> 00:19:53,480
you fell backwards on the deck and
you put your hand behind you.
420
00:19:53,620 --> 00:19:55,090
That's how you
broke your wrist.
421
00:19:55,160 --> 00:19:57,250
In the chaos of the crash,
you slipped out,
422
00:19:57,320 --> 00:19:59,660
you jumped into a taxi, you
went uptown to the hospital.
423
00:19:59,760 --> 00:20:01,790
No, I broke my wrist
on the subway.
424
00:20:03,130 --> 00:20:04,460
We found the taxi driver.
425
00:20:04,530 --> 00:20:06,830
He remembers you. He said you
were in a whole lot of pain
426
00:20:06,900 --> 00:20:08,800
and he offered to take you
to a closer hospital,
427
00:20:08,870 --> 00:20:11,340
but you said, "No. I want to
go uptown to Saint Ann's."
428
00:20:12,410 --> 00:20:14,270
Take it easy, will you?
429
00:20:17,080 --> 00:20:18,240
Here you go.
430
00:20:18,580 --> 00:20:19,670
Thanks.
431
00:20:22,650 --> 00:20:24,180
Collette?
432
00:20:25,520 --> 00:20:27,850
You did it for your kids.
For your boys, right?
433
00:20:31,460 --> 00:20:32,620
No.
434
00:20:33,830 --> 00:20:35,590
I didn't do anything.
435
00:20:37,100 --> 00:20:38,790
Donna is dead.
436
00:20:38,870 --> 00:20:40,330
Ed inherits all the money.
437
00:20:42,000 --> 00:20:43,400
You can take him
back to court.
438
00:20:43,470 --> 00:20:45,340
Make him pay
his fair share.
439
00:20:45,410 --> 00:20:49,170
Support his kids the way he's
supposed to support his kids.
440
00:20:52,280 --> 00:20:54,980
Put that down now, Collette.
Do not take a sip.
441
00:20:55,820 --> 00:20:57,380
Nice try.
442
00:20:57,850 --> 00:21:00,840
You want her DNA,
get a warrant.
443
00:21:00,920 --> 00:21:02,150
And why is my client crying?
444
00:21:02,220 --> 00:21:04,450
She has been lying to us
every step of the way.
445
00:21:04,530 --> 00:21:05,860
So you say.
446
00:21:05,930 --> 00:21:07,520
You don't have
probable cause,
447
00:21:07,600 --> 00:21:09,220
which means
you can't hold her.
448
00:21:09,300 --> 00:21:11,060
Come on, Collette.
I'm going to take you home.
449
00:21:16,370 --> 00:21:18,530
Well, that could
have gone better.
450
00:21:18,610 --> 00:21:20,800
Well, it's too bad that we
don't have those witnesses
451
00:21:20,880 --> 00:21:22,400
or that cab driver.
452
00:21:22,480 --> 00:21:24,070
We really wouldn't
need her DNA.
453
00:21:24,150 --> 00:21:28,640
Maybe we don't need her to
give us her DNA voluntarily.
454
00:21:28,720 --> 00:21:30,740
I spoke to
the D.A.'s office.
455
00:21:30,820 --> 00:21:34,050
They're making a warrant
application to a friendlyjudge.
456
00:21:34,120 --> 00:21:38,020
Thatjudge better be our
brand-new very best friend.
457
00:21:41,860 --> 00:21:44,520
JACK: It's the epitome of
judge shopping, YourHonoL
458
00:21:44,600 --> 00:21:46,860
Judge Tucci already
signed a warrant
459
00:21:46,930 --> 00:21:49,670
to obtain a DNA exemplar
from Collette Connolly.
460
00:21:49,740 --> 00:21:51,800
If he weren't conveniently
out of town on vacation,
461
00:21:51,870 --> 00:21:53,310
we wouldn't even be here.
462
00:21:53,370 --> 00:21:57,170
We're moving to quash an
improperly granted warrant.
463
00:21:57,240 --> 00:22:00,410
Ms. Galiano didn't like
Judge Tucci's decision,
464
00:22:00,480 --> 00:22:03,080
so she's trying for a more
favorable result from you.
465
00:22:03,150 --> 00:22:04,240
All due respect,
466
00:22:04,320 --> 00:22:07,310
Judge Tucci signs off on anything
the People place in front of him.
467
00:22:07,390 --> 00:22:09,980
JUDGE: Mr. McCoy, it seems
to me you have a warrant,
468
00:22:10,060 --> 00:22:12,860
which you're using to confirm
a suspicion the People have,
469
00:22:12,930 --> 00:22:15,490
which is not the same
as probable cause.
470
00:22:15,560 --> 00:22:17,500
Motion granted,
warrant quashed.
471
00:22:18,030 --> 00:22:19,120
(BANGS GAVEL)
472
00:22:21,200 --> 00:22:22,690
Without the DNA,
we need to figure out
473
00:22:22,770 --> 00:22:24,000
another way to put
her on the boat.
474
00:22:24,070 --> 00:22:25,470
And we have
a motive problem.
475
00:22:25,540 --> 00:22:27,970
What are you talking about?
We've got loads of motive.
476
00:22:28,040 --> 00:22:30,140
Rage, jealousy, money.
477
00:22:30,210 --> 00:22:31,800
Once Ed inherited
Donna's millions
478
00:22:31,880 --> 00:22:35,410
he couldn't evade paying Collette reasonable
alimony and child support anymore.
479
00:22:35,480 --> 00:22:38,820
She's had all the same reasons
since the marriage broke up.
480
00:22:38,890 --> 00:22:40,450
So Why'd she
kill her now?
481
00:22:40,520 --> 00:22:42,180
I'd like to know
what triggered this.
482
00:22:45,760 --> 00:22:46,820
HEATHER:
The name's a joke.
483
00:22:46,890 --> 00:22:49,020
People expect widows
to act a certain way.
484
00:22:49,100 --> 00:22:50,500
And they hate us
because we don't.
485
00:22:50,560 --> 00:22:52,160
Because we've
got money now.
486
00:22:52,230 --> 00:22:54,170
Let's face it.
They hate us
487
00:22:54,240 --> 00:22:55,830
because we married our
dead husband's friends.
488
00:22:55,900 --> 00:22:58,400
I'd hate us, too,
but we also lost husbands
489
00:22:58,470 --> 00:22:59,600
and our kids lost fathers.
490
00:22:59,670 --> 00:23:01,770
We grieve, too.
Every day.
491
00:23:02,140 --> 00:23:03,700
It's been hard
for everyone, I'm sure.
492
00:23:03,780 --> 00:23:04,770
SLOAN: Exactly.
493
00:23:04,850 --> 00:23:06,610
We all learned the hard
way life's too short.
494
00:23:06,680 --> 00:23:09,670
I know my first husband, God his
rest his soul, is happy I'm happy.
495
00:23:09,750 --> 00:23:11,810
Look, I understand from your
point of view, life goes on.
496
00:23:11,890 --> 00:23:14,150
But what about the wives
that were left?
497
00:23:14,220 --> 00:23:15,210
Like Collette?
498
00:23:15,820 --> 00:23:16,920
Well, that's what
we're talking about.
499
00:23:16,990 --> 00:23:19,220
She was more of a mess
after 9/11 than Ed was.
500
00:23:19,290 --> 00:23:21,490
She wouldn't leave the house.
Didn't want him going anywhere.
501
00:23:21,560 --> 00:23:23,760
Crying all the time.
And he was alive.
502
00:23:23,830 --> 00:23:25,800
SLOAN:
No wonder he left her.
503
00:23:25,870 --> 00:23:27,200
Don't get me wrong.
504
00:23:27,270 --> 00:23:29,100
I feel sorry for her. I do.
505
00:23:30,040 --> 00:23:31,200
We all do.
506
00:23:31,270 --> 00:23:33,100
So Collette and
Donna were close?
507
00:23:34,910 --> 00:23:36,100
Best friends.
508
00:23:39,410 --> 00:23:41,110
Excuse me!
509
00:23:43,120 --> 00:23:46,050
Was there something else that
you wanted to tell me in there?
510
00:23:48,920 --> 00:23:51,790
I still care about her,
about Collette.
511
00:23:52,830 --> 00:23:55,120
I don't know if she
did this to Donna but...
512
00:23:55,200 --> 00:23:57,530
If you could help me
understand what happened.
513
00:23:59,030 --> 00:24:01,260
Collette called me
one night,
514
00:24:01,340 --> 00:24:02,700
a few weeks ago.
515
00:24:03,470 --> 00:24:04,900
She was hysterical.
516
00:24:05,810 --> 00:24:07,470
It was the first time
we'd spoken in months,
517
00:24:07,540 --> 00:24:10,010
and she said Ed told her
518
00:24:10,080 --> 00:24:12,410
he and Donna wanted
custody of the twins.
519
00:24:14,250 --> 00:24:15,880
When was this exactly?
520
00:24:16,580 --> 00:24:18,310
A week before Donna died.
521
00:24:20,720 --> 00:24:23,880
We re-interviewed everyone that was
in the area of the ferry that day.
522
00:24:23,960 --> 00:24:25,290
No one remembers
seeing her.
523
00:24:25,360 --> 00:24:26,450
So we're back
at square one.
524
00:24:26,530 --> 00:24:28,360
Well, maybe not. I saw
something at Collette's
525
00:24:28,430 --> 00:24:29,900
that might give us her DNA.
526
00:24:30,230 --> 00:24:32,390
LegaHy? Without her
permission or a court order?
527
00:24:32,470 --> 00:24:33,960
What did you see,
a magic wand?
528
00:24:34,030 --> 00:24:35,300
No. A parking ticket.
529
00:24:35,370 --> 00:24:37,930
She has dozens of them.
Owes the city over $1,000.
530
00:24:38,010 --> 00:24:39,730
We send her a notice
offering amnesty.
531
00:24:39,810 --> 00:24:41,940
All tickets forgiven
for a token hundred bucks.
532
00:24:42,010 --> 00:24:43,500
So she ignores that, too.
533
00:24:43,580 --> 00:24:45,840
Well, if she decides not to
take advantage of the amnesty,
534
00:24:45,910 --> 00:24:48,080
the city threatens to put
a lien on her property.
535
00:24:48,150 --> 00:24:49,410
And here's the beauty part.
536
00:24:49,480 --> 00:24:52,780
We send her a self-addressed, stamped
envelope for her to send the check in.
537
00:24:52,850 --> 00:24:55,480
She licks the envelope, mails it
back to us and we have her DNA.
538
00:24:55,560 --> 00:24:58,460
Right. She hands it
over. Voluntarily.
539
00:25:01,860 --> 00:25:03,350
GALUkNO:
The parking ticket sting
540
00:25:03,430 --> 00:25:05,760
was a blatant violation of the
Fourth Amendment, YourHonoL
541
00:25:05,830 --> 00:25:08,360
Mr. McCoy
ignored your ruling
542
00:25:08,440 --> 00:25:10,430
and used a ruse
to obtain DNA
543
00:25:10,500 --> 00:25:12,470
which you said
he had no right to.
544
00:25:13,310 --> 00:25:16,500
You said the People had no right
to a warrant, Your Honor.
545
00:25:16,580 --> 00:25:18,510
I had every right
to trick Ms. Connolly
546
00:25:18,580 --> 00:25:19,880
into giving us
what we wanted.
547
00:25:19,950 --> 00:25:21,350
People v. Blandon,
548
00:25:21,420 --> 00:25:24,780
"Trickery is only improper
when the conduct is so unfair
549
00:25:24,850 --> 00:25:26,220
"as to deny due process."
550
00:25:26,290 --> 00:25:29,880
Since the DNA on the envelope matched
the DNA on the ferry railing,
551
00:25:29,960 --> 00:25:32,550
we know we're not dealing with the
rights of an innocent person here.
552
00:25:32,630 --> 00:25:34,620
Let's not get ahead of
ourselves, Counselor.
553
00:25:34,700 --> 00:25:37,130
No one's been convicted
of anything yet.
554
00:25:37,530 --> 00:25:39,060
It appears that
the defendant's
555
00:25:39,130 --> 00:25:41,760
Fourth Amendment rights
weren't violated here.
556
00:25:41,840 --> 00:25:43,060
Anything else,
Ms. Galiano?
557
00:25:43,140 --> 00:25:44,260
GALIANO:
Yes, Your Honor.
558
00:25:44,340 --> 00:25:49,000
The low copy DNA analysis that People
used is an untested, unreliable science,
559
00:25:49,080 --> 00:25:52,170
which hasn't gained widespread
acceptance in New York.
560
00:25:52,250 --> 00:25:53,680
All I am asking for
561
00:25:53,750 --> 00:25:57,120
is a hearing to determine whether
this novel, untested science
562
00:25:57,180 --> 00:25:58,450
meets the Frye standard.
563
00:25:59,350 --> 00:26:01,220
I'll hear from
experts tomorrow.
564
00:26:01,490 --> 00:26:02,580
(BANGS GAVEL)
565
00:26:03,520 --> 00:26:08,690
Low copy DNA analysis utilizes much
smaller samples of DNA to find a match.
566
00:26:08,760 --> 00:26:10,700
Isn't it fair to say
that these samples,
567
00:26:10,760 --> 00:26:12,860
which can be left by just
touching a steering wheel
568
00:26:12,930 --> 00:26:17,500
or rubbing your fingers over a keyboard,
are very often infinitesimal?
569
00:26:17,570 --> 00:26:18,700
Yes, that's correct.
570
00:26:18,770 --> 00:26:21,760
Sometimes as little as
a couple of skin cells.
571
00:26:21,840 --> 00:26:24,500
The extracted DNA is then
replicated many times
572
00:26:24,580 --> 00:26:25,940
so testing can be done.
573
00:26:26,010 --> 00:26:27,850
So, isn't it true,
Dr. Merrick,
574
00:26:27,920 --> 00:26:30,320
that this multiple
replication process
575
00:26:30,380 --> 00:26:34,650
creates a greater risk for false
matches and inaccurate results?
576
00:26:34,720 --> 00:26:38,160
MERRICK: The odds of error are
about the same as regular testing.
577
00:26:38,230 --> 00:26:41,460
One in a trillion.
Infinitesimal.
578
00:26:41,530 --> 00:26:44,500
But low copy DNA
hasn't even been used yet
579
00:26:44,570 --> 00:26:46,470
in a criminal proceeding
in New York, has it?
580
00:26:46,530 --> 00:26:48,230
MERRICK: No, actually
it has been used.
581
00:26:48,300 --> 00:26:49,860
When the Twin
Towers collapsed,
582
00:26:49,940 --> 00:26:53,770
many of the samples we used to
identify victims were low copy DNA.
583
00:26:55,040 --> 00:26:57,140
But that wasn't a criminal case.
JACK: Not a criminal case?
584
00:26:57,210 --> 00:26:59,940
It was the largest mass murder in
our nation's history, Your Honor.
585
00:27:00,010 --> 00:27:02,110
Which means there's a
history of this science
586
00:27:02,180 --> 00:27:04,780
already being used in New York
and the Frye standard is met.
587
00:27:05,650 --> 00:27:06,740
I agree.
588
00:27:07,290 --> 00:27:08,760
The DNA comes in.
589
00:27:09,720 --> 00:27:10,750
(BANGS GAVEL)
590
00:27:15,860 --> 00:27:17,090
Murder two.
591
00:27:17,160 --> 00:27:19,290
Now, why would
we accept that?
592
00:27:19,370 --> 00:27:20,930
Your client
ambushed the victim,
593
00:27:21,000 --> 00:27:22,700
and then tried to
cover up the crime.
594
00:27:22,770 --> 00:27:24,500
We have DNA.
We have motive.
595
00:27:24,570 --> 00:27:29,200
And we have a woman suffering from
extreme emotional disturbance.
596
00:27:29,910 --> 00:27:32,610
Post-Traumatic
Stress Disorder
597
00:27:32,680 --> 00:27:34,650
from the September
11th attacks?
598
00:27:34,720 --> 00:27:35,770
You're confused.
599
00:27:35,850 --> 00:27:38,720
Collette Connolly's ex-husband
was the firefighter.
600
00:27:38,790 --> 00:27:42,980
Firefighter or not, like all New
Yorkers, she was affected by 9J11.
601
00:27:43,060 --> 00:27:45,920
Just like the New Yorkers who
will be sitting on myjury.
602
00:27:51,730 --> 00:27:53,060
It was a Tuesday.
603
00:27:54,100 --> 00:27:56,300
Remember how beautiful
the weather was?
604
00:27:57,240 --> 00:27:58,730
Gorgeous, yeah.
605
00:27:58,810 --> 00:28:00,200
Thank you.
606
00:28:03,380 --> 00:28:05,000
I picked the boys
up from school.
607
00:28:06,150 --> 00:28:09,380
I tried to get them
to not watch the television.
608
00:28:09,450 --> 00:28:11,540
I didn't want them
to see that...
609
00:28:11,620 --> 00:28:13,920
The Towers fall
over and over.
610
00:28:16,290 --> 00:28:19,420
We all just sat around
waiting for the phone to ring
611
00:28:19,490 --> 00:28:22,190
to see if Ed was
dead or alive.
612
00:28:23,400 --> 00:28:24,960
When you finally
heard from him?
613
00:28:25,030 --> 00:28:26,590
I just thanked God.
614
00:28:26,670 --> 00:28:30,400
I was just so thankful
and relieved.
615
00:28:33,910 --> 00:28:35,810
And then guilty.
616
00:28:37,010 --> 00:28:38,210
SQ guilty-.
617
00:28:39,580 --> 00:28:40,670
Guilty?
618
00:28:40,750 --> 00:28:42,910
All his friends
that didn't make it?
619
00:28:42,980 --> 00:28:44,080
His brothers?
620
00:28:44,150 --> 00:28:46,310
You have no idea
how close they are.
621
00:28:47,350 --> 00:28:50,090
I mean,
our neighborhood alone.
622
00:28:51,330 --> 00:28:53,520
You could hear people
screaming and crying
623
00:28:53,590 --> 00:28:55,360
all up and down the street.
624
00:28:59,100 --> 00:29:01,160
I keep replaying that day
625
00:29:02,300 --> 00:29:03,330
in my head.
626
00:29:03,400 --> 00:29:05,340
It's like a movie
I can't turn off.
627
00:29:07,610 --> 00:29:10,240
You know, every time
a plane flies overhead,
628
00:29:11,410 --> 00:29:13,140
I get a knot in my stomach.
629
00:29:14,550 --> 00:29:16,880
And every time
they raise the threat level,
630
00:29:16,950 --> 00:29:21,220
I think, my children will
never see the end of this.
631
00:29:24,730 --> 00:29:26,420
(BREATHING DEEPLY)
632
00:29:26,490 --> 00:29:29,120
The world seems
ruined to me.
633
00:29:32,430 --> 00:29:36,130
I swear, sometimes
634
00:29:36,200 --> 00:29:38,670
I wish I had died
on September 10th.
635
00:29:44,280 --> 00:29:46,680
For her, the attacks,
losing her husband,
636
00:29:46,750 --> 00:29:49,810
possibly custody of her kids,
these aren't separate events.
637
00:29:49,880 --> 00:29:51,040
And they're not over.
638
00:29:51,120 --> 00:29:52,810
They're one huge event
that has wrecked her life,
639
00:29:52,890 --> 00:29:54,510
and she's reliving it
every day.
640
00:29:54,590 --> 00:29:56,490
So she lashes out
and kills the woman
641
00:29:56,560 --> 00:29:57,960
who married her ex-husband?
642
00:29:58,030 --> 00:29:59,720
She can't strike out
against the terrorists,
643
00:29:59,790 --> 00:30:01,590
so the next closest culprit,
as she sees it,
644
00:30:01,660 --> 00:30:03,720
is the woman who
replaced her as wife,
645
00:30:03,800 --> 00:30:05,420
and, potentially, as mother.
646
00:30:06,270 --> 00:30:07,790
All right.
Thank you.
647
00:30:09,740 --> 00:30:11,330
You think ajury
will buy that?
648
00:30:11,870 --> 00:30:13,400
Well, they don't
have to buy it.
649
00:30:13,470 --> 00:30:14,800
They just have
to feel sorry for her.
650
00:30:14,880 --> 00:30:17,440
I agree. You don't think this
defense has some merit, Jack?
651
00:30:17,510 --> 00:30:19,980
A stress response
to an act of war
652
00:30:20,050 --> 00:30:23,980
justifies the murder of an innocent
third party three years later?
653
00:30:24,050 --> 00:30:25,210
No, I don't.
654
00:30:25,290 --> 00:30:28,720
Her entire life was turned
upside down after 9111.
655
00:30:28,790 --> 00:30:30,880
Jurors will
sympathize with that.
656
00:30:30,960 --> 00:30:32,790
The defense will paint
the husband as a bastard,
657
00:30:32,860 --> 00:30:34,660
and the victim as a home
wrecker and a hussy.
658
00:30:34,730 --> 00:30:36,250
That won't be too hard.
659
00:30:36,330 --> 00:30:40,100
And the defendant
as one more victim of 9/11.
660
00:30:40,170 --> 00:30:41,660
Maybe you ought to
plead this one out, Jack.
661
00:30:41,740 --> 00:30:46,140
Collette Connolly didn't just run into
Donna McClean that morning at the ferry.
662
00:30:46,210 --> 00:30:48,270
She stalked her,
she killed her,
663
00:30:48,340 --> 00:30:50,040
and then she tried to make it
look like an accident.
664
00:30:50,110 --> 00:30:51,700
That's murder,
not manslaughter.
665
00:30:52,410 --> 00:30:53,440
And if we give in to this,
666
00:30:53,510 --> 00:30:55,210
what kind of precedent
does it set?
667
00:30:55,280 --> 00:30:57,750
None. This case
is sui generis.
668
00:30:57,820 --> 00:30:59,340
I don't agree.
It's a license for anyone
669
00:30:59,420 --> 00:31:01,440
who was in the city
that day to act out.
670
00:31:03,320 --> 00:31:04,920
I was elected
to this office
671
00:31:04,990 --> 00:31:07,590
because people wanted to
feel safer after 9111.
672
00:31:08,730 --> 00:31:11,030
It'd be ironic if that
event became an excuse
673
00:31:11,100 --> 00:31:13,590
for criminal behavior
on my watch.
674
00:31:13,670 --> 00:31:16,730
Don't forget, Collette Connolly
murdered the mother of two young girls
675
00:31:16,800 --> 00:31:18,530
who had already
lost their father.
676
00:31:19,170 --> 00:31:22,400
You don't think that there's some
room for leniency here, Jack?
677
00:31:22,480 --> 00:31:25,170
Absolutely. From the
judge, at sentencing.
678
00:31:29,420 --> 00:31:31,890
McCLEAN: Collette just couldn't
take care of the kids anymore.
679
00:31:31,950 --> 00:31:34,080
She was depressed. Anxious.
680
00:31:34,150 --> 00:31:36,350
I told her I thought they'd
be better off with us
681
00:31:36,420 --> 00:31:37,860
until she got on her feet.
682
00:31:37,920 --> 00:31:39,760
We weren't trying to take
her children from her.
683
00:31:39,830 --> 00:31:41,560
What was the
defendant's reaction
684
00:31:41,630 --> 00:31:44,330
when you said you wanted
custody of the boys?
685
00:31:44,400 --> 00:31:45,870
She went into a rage.
686
00:31:45,930 --> 00:31:48,590
Started cursing at me,
throwing things.
687
00:31:48,670 --> 00:31:50,230
Said the kids
already had a mother.
688
00:31:50,300 --> 00:31:52,360
Said she'd fight us
tooth and nail.
689
00:31:52,440 --> 00:31:53,910
Said she'd never
let us have them.
690
00:32:01,420 --> 00:32:06,720
You say your ex-wife wasn't
supervising the children properly?
691
00:32:06,790 --> 00:32:08,220
McCLEAN: She wasn't
at home a lot.
692
00:32:08,290 --> 00:32:10,090
She was at work,
wasn't she?
693
00:32:10,160 --> 00:32:11,180
Yes.
694
00:32:11,260 --> 00:32:13,250
Did she work out of the
house before the divorce?
695
00:32:13,730 --> 00:32:14,750
No.
696
00:32:14,830 --> 00:32:16,060
She was a stay
at home mom.
697
00:32:16,130 --> 00:32:17,120
That's correct.
698
00:32:17,200 --> 00:32:18,860
Your wife Donna,
your new wife,
699
00:32:18,930 --> 00:32:21,590
received a substantial settlement
from 9111, didn't she,
700
00:32:21,670 --> 00:32:23,100
for the death of
her first husband?
701
00:32:23,170 --> 00:32:24,430
Yes.
702
00:32:24,500 --> 00:32:26,670
Did you and Donna share
this windfall with your ex,
703
00:32:26,740 --> 00:32:28,000
the mother of your children?
704
00:32:28,070 --> 00:32:29,630
That's why we wanted them
to come live with us,
705
00:32:29,710 --> 00:32:30,800
we could provide...
706
00:32:30,880 --> 00:32:33,970
You and Donna intentionally
kept her millions in her name
707
00:32:34,050 --> 00:32:37,240
to avoid having to pay additional
alimony to your ex-wife.
708
00:32:37,320 --> 00:32:38,610
Objection!
Judge,
709
00:32:38,690 --> 00:32:40,180
this is all part and
parcel of the stress
710
00:32:40,250 --> 00:32:42,750
that my client was under
after the events of 9/11.
711
00:32:42,820 --> 00:32:44,150
Overruled.
712
00:32:45,560 --> 00:32:47,320
That was Donna's decision.
713
00:32:48,730 --> 00:32:49,890
It was her money.
714
00:32:49,960 --> 00:32:52,800
So the fact that Collette
had to go to work,
715
00:32:52,870 --> 00:32:54,160
because you and
your new wife
716
00:32:54,230 --> 00:32:57,000
wouldn't provide enough money
to support your children,
717
00:32:57,070 --> 00:32:59,870
is the reason you wanted to
take custody of your sons?
718
00:32:59,940 --> 00:33:02,240
Isn't that blaming
the victim, Mr. McClean?
719
00:33:02,310 --> 00:33:03,830
Objection!
GALIANO: Withdrawn.
720
00:33:03,910 --> 00:33:05,880
Let me get this
straight, Mr. McClean.
721
00:33:05,950 --> 00:33:09,180
You left your wife,
the mother of your children,
722
00:33:09,250 --> 00:33:10,720
by your own testimony,
depressed
723
00:33:10,780 --> 00:33:13,520
and emotionally traumatized
by the events of 9/11,
724
00:33:13,590 --> 00:33:17,020
so that you could marry her
newly rich best friend,
725
00:33:17,090 --> 00:33:19,020
your best friend's widow?
726
00:33:19,090 --> 00:33:20,920
It wasn't like that!
Wasn't it?
727
00:33:23,730 --> 00:33:25,630
Nothing further.
728
00:33:25,700 --> 00:33:27,330
Redirect, Your Honor?
729
00:33:28,270 --> 00:33:29,900
Where were you when
the first tower collapsed?
730
00:33:29,970 --> 00:33:31,630
Objection. Relevance.
731
00:33:31,710 --> 00:33:35,440
The defendant is using 9111
as an excuse for her actions.
732
00:33:35,510 --> 00:33:38,710
The question goes to the
legitimacy of the entire defense.
733
00:33:39,280 --> 00:33:40,710
The witness may answer.
734
00:33:43,320 --> 00:33:44,810
In the North Tower,
735
00:33:46,350 --> 00:33:47,680
in a stairwell.
736
00:33:50,190 --> 00:33:52,780
And where was your
best friend, Joe Mahar?
737
00:33:53,990 --> 00:33:55,260
Next to me.
738
00:33:55,760 --> 00:33:56,990
JACK: But you got out.
739
00:33:59,930 --> 00:34:01,130
Yeah.
740
00:34:01,900 --> 00:34:03,130
And Joe?
741
00:34:05,440 --> 00:34:06,770
He didn't.
742
00:34:07,470 --> 00:34:10,840
You ever feel any stress or
anxiety or guilt since that day?
743
00:34:13,510 --> 00:34:15,710
Of course, every day.
744
00:34:15,780 --> 00:34:17,680
Any sleepless nights?
Nightmares?
745
00:34:17,750 --> 00:34:19,120
Frequently.
746
00:34:19,850 --> 00:34:21,750
You retired after 9/11.
747
00:34:23,790 --> 00:34:25,420
I couldn't work anymore.
748
00:34:26,290 --> 00:34:28,060
My nerves were shot.
749
00:34:30,300 --> 00:34:33,270
The stress ever get so bad
that you killed someone?
750
00:34:33,330 --> 00:34:34,530
Objection.
751
00:34:34,600 --> 00:34:37,200
Withdrawn.
No more questions.
752
00:34:43,010 --> 00:34:46,100
GALIANO: What happened to your
marriage after September 11th?
753
00:34:47,380 --> 00:34:48,940
I never saw Ed.
754
00:34:49,020 --> 00:34:52,180
He spent all his
time with Donna.
755
00:34:52,250 --> 00:34:53,550
Consoling her.
756
00:34:54,750 --> 00:34:56,550
And then he left me.
757
00:34:58,020 --> 00:35:01,190
She took my husband,
and made me a widow.
758
00:35:03,860 --> 00:35:07,030
Tell me what happened
on the ferry that morning.
759
00:35:07,100 --> 00:35:08,970
I saw her
standing at the rail,
760
00:35:09,670 --> 00:35:13,070
and she looked so happy.
761
00:35:14,540 --> 00:35:15,840
So content.
762
00:35:19,450 --> 00:35:21,540
And I couldn't take it.
763
00:35:21,620 --> 00:35:23,610
I just wanted
to talk to her.
764
00:35:25,450 --> 00:35:27,750
(CRYING) Tell her to
leave my children alone.
765
00:35:28,820 --> 00:35:29,910
GALIANO:
Did you speak to her?
766
00:35:29,990 --> 00:35:33,360
I wanted to, but, uh...
767
00:35:36,260 --> 00:35:39,630
I walked up behind her
and she didn't see me.
768
00:35:40,870 --> 00:35:42,670
All I could think about
769
00:35:45,010 --> 00:35:47,740
was all that I had
lost since the attacks.
770
00:35:48,810 --> 00:35:49,870
Ed.
771
00:35:50,380 --> 00:35:52,940
How my whole world
had fallen apart.
772
00:35:53,010 --> 00:35:55,070
And now my kids. (SOBS)
773
00:35:57,580 --> 00:35:59,680
Sol pushed her.
774
00:36:02,390 --> 00:36:03,550
Hard.
775
00:36:05,290 --> 00:36:07,280
I didn't even think about it.
776
00:36:08,030 --> 00:36:10,960
It just happened.
777
00:36:19,370 --> 00:36:20,840
It just happened?
778
00:36:22,180 --> 00:36:23,200
COLLETTE: Yes.
779
00:36:23,280 --> 00:36:26,770
Like you just happened to be
on the ferry that morning,
780
00:36:26,850 --> 00:36:29,540
the same morning
Donna McClean was?
781
00:36:31,220 --> 00:36:32,380
Yes.
782
00:36:32,450 --> 00:36:34,680
And you didn't
even think about it,
783
00:36:35,820 --> 00:36:37,420
pushing her over the side.
784
00:36:39,460 --> 00:36:40,860
Is that your testimony?
785
00:36:44,900 --> 00:36:45,990
Yes.
786
00:36:47,400 --> 00:36:48,990
When you got off the ferry,
787
00:36:49,070 --> 00:36:52,840
there were police and emergency
personnel there, correct?
788
00:36:52,910 --> 00:36:54,170
COLLETTE: There was.
789
00:36:54,240 --> 00:36:56,570
You didn't say anything
to any of them
790
00:36:56,640 --> 00:36:59,510
about the woman you'd just
pushed in the water, did you?
791
00:37:02,320 --> 00:37:03,370
No.
792
00:37:03,450 --> 00:37:06,910
In fact, you were able
to hide your injury,
793
00:37:06,990 --> 00:37:09,820
avoid the police, and leave
without anyone knowing
794
00:37:09,890 --> 00:37:11,620
you were on that
boat, correct?
795
00:37:12,190 --> 00:37:13,490
I was in a daze.
796
00:37:13,560 --> 00:37:16,620
Were you still in a daze when the
police first questioned you,
797
00:37:16,700 --> 00:37:18,960
two days after
killing Donna McClean?
798
00:37:20,130 --> 00:37:21,570
I was scared,
so I lied.
799
00:37:21,630 --> 00:37:24,160
And when the detectives
came to your house
800
00:37:24,240 --> 00:37:26,570
and questioned you
a second time,
801
00:37:27,570 --> 00:37:30,240
and you lied again about
how you broke your wrist?
802
00:37:30,310 --> 00:37:32,070
Still scared,
still in a daze?
803
00:37:35,280 --> 00:37:36,580
L---
804
00:37:37,480 --> 00:37:38,580
Yes.
805
00:37:40,690 --> 00:37:46,420
And when you were brought to
the precinct for questioning
806
00:37:46,490 --> 00:37:50,790
and you denied once again
killing Donna McClean?
807
00:37:50,860 --> 00:37:52,560
No. I...
808
00:37:57,600 --> 00:37:59,040
I don't know.
809
00:38:07,610 --> 00:38:09,840
You have health insurance
from your job?
810
00:38:13,690 --> 00:38:14,920
Yes.
811
00:38:17,720 --> 00:38:19,990
In the years since 9/11
812
00:38:20,060 --> 00:38:21,750
that you've
allegedly suffered
813
00:38:21,830 --> 00:38:25,700
from this Post-Traumatic
Stress Syndrome,
814
00:38:26,800 --> 00:38:30,170
there's not one visit
in your insurance records
815
00:38:30,240 --> 00:38:33,070
to a therapist of any kind.
816
00:38:34,510 --> 00:38:36,270
In fact,
as far as I can tell,
817
00:38:36,340 --> 00:38:39,540
the first time you mentioned
this problem to anyone
818
00:38:39,610 --> 00:38:42,450
was when you raised it as a defense
for killing Donna McClean.
819
00:38:42,520 --> 00:38:43,850
Objection.
820
00:38:43,920 --> 00:38:45,720
JACK: That's all right.
821
00:38:48,490 --> 00:38:50,150
She doesn't need to respond.
822
00:38:50,890 --> 00:38:52,590
We all know the answer.
823
00:39:01,300 --> 00:39:02,740
(SNIFFLING)
824
00:39:10,080 --> 00:39:11,870
Jury's been out six hours.
825
00:39:11,950 --> 00:39:13,310
Well, it's not
an easy case.
826
00:39:14,180 --> 00:39:16,510
It's a run-of-the-mill murder
with a headline defense.
827
00:39:16,580 --> 00:39:18,920
I don't think so. Donna
McClean, Collette Connolly...
828
00:39:18,990 --> 00:39:22,350
They're both collateral damage
from what happened that day.
829
00:39:22,420 --> 00:39:23,980
YOLIT CFOSS was SO...
830
00:39:24,960 --> 00:39:26,320
So what, Serena?
831
00:39:27,460 --> 00:39:29,190
BAILIFF: Counselor,
we got a verdict.
832
00:39:30,860 --> 00:39:32,130
If you can't stand
to hear this,
833
00:39:32,200 --> 00:39:33,930
you can go back
to the office.
834
00:39:38,940 --> 00:39:40,460
On the first count
of the indictment,
835
00:39:40,540 --> 00:39:41,670
murder in the
second degree,
836
00:39:41,740 --> 00:39:44,210
how do you find the
defendant, Collette Connolly?
837
00:39:46,250 --> 00:39:48,440
We find the
defendant guilty.
838
00:39:48,510 --> 00:39:50,410
(CROWD MURMURING)
839
00:39:51,450 --> 00:39:53,320
(SOBBING) No!
840
00:39:53,390 --> 00:39:55,010
(SOFTLY) It's okay.
841
00:39:56,060 --> 00:39:57,420
COLLETTE: No!
64999
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