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In the criminal justice system
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00:00:02,760 --> 00:00:06,630
the people are represented by two
separate yet equally important groups,
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00:00:06,700 --> 00:00:08,530
the police who investigate crime
4
00:00:08,600 --> 00:00:11,400
and the district attorneys
who prosecute the offenders.
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00:00:11,470 --> 00:00:13,000
These are their stories.
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00:00:14,910 --> 00:00:16,310
Yo. Check this out, kid.
7
00:00:16,380 --> 00:00:18,010
What the hell you
doing with those, man?
8
00:00:18,680 --> 00:00:20,440
$1 million.
9
00:00:20,520 --> 00:00:21,520
What you think I'm doing?
10
00:00:21,780 --> 00:00:24,280
Nobody in history has ever won
cash playing with these, man.
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00:00:24,350 --> 00:00:28,950
That's because no one has
ever played 100 at one time.
12
00:00:29,120 --> 00:00:30,610
What I tell you, dog?
13
00:00:30,690 --> 00:00:32,890
Dude, you should
earn your own money.
14
00:00:32,960 --> 00:00:36,190
All right? Come on, man.
Talking about earning.
15
00:00:36,500 --> 00:00:39,960
You work your whole life and you
still won't earn a million dollars.
16
00:00:41,540 --> 00:00:43,130
Yo. Check this out, man.
17
00:00:49,340 --> 00:00:51,040
Who are these guys?
They live nearby.
18
00:00:51,110 --> 00:00:52,420
Said they've never
seen him before.
19
00:00:52,450 --> 00:00:55,080
But a woman in that building
saw an older SUV, white,
20
00:00:55,180 --> 00:00:57,680
idling here last night. Said
it was splashed with dirt.
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00:00:57,750 --> 00:00:59,410
She get a plate? She
didn't think to.
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00:00:59,490 --> 00:01:01,750
I asked what time she saw it.
She just said it was late.
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00:01:01,820 --> 00:01:03,190
Her info. Thanks.
24
00:01:03,260 --> 00:01:04,420
What you got, man?
25
00:01:04,490 --> 00:01:06,760
Male, black, early twenties.
26
00:01:07,230 --> 00:01:09,790
Some trauma on the back of the
head and some bits of green glass.
27
00:01:10,070 --> 00:01:11,260
You mean like a bottle?
28
00:01:11,330 --> 00:01:12,410
Yeah, wine bottle probably.
29
00:01:12,900 --> 00:01:14,050
But don't go looking
for it around here.
30
00:01:14,070 --> 00:01:15,400
Lividity shows he was moved.
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00:01:15,470 --> 00:01:17,030
Help me out. All right.
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00:01:18,810 --> 00:01:20,090
Wait. Hold on. Hold on. Hold on.
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00:01:22,640 --> 00:01:27,100
Derek Miller. He's 25.
Tribeca address.
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00:01:27,180 --> 00:01:29,280
Wait a minute. Wasn't robbed.
35
00:01:33,160 --> 00:01:38,290
Had an ATM receipt
with a $318,000 balance.
36
00:01:38,660 --> 00:01:42,190
Says associate with Morgan
Keener, an investment banker.
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00:01:42,600 --> 00:01:44,090
Money can't buy happiness.
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00:02:35,050 --> 00:02:36,980
He died between
midnight and 2:00 a.m.
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00:02:37,050 --> 00:02:39,610
Body temp says he wasn't
outside more than two hours.
40
00:02:39,690 --> 00:02:41,500
You think those bumps
on his head did the trick?
41
00:02:41,520 --> 00:02:44,080
Indirectly.
Actually, he drowned.
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00:02:44,690 --> 00:02:46,100
His clothes were dry
when we found him.
43
00:02:46,130 --> 00:02:48,220
Oh. He drowned on his own vomit.
44
00:02:48,300 --> 00:02:51,320
Tox screen turned up high
levels of cocaine and alcohol,
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00:02:51,400 --> 00:02:53,100
but not enough to overdose.
46
00:02:53,170 --> 00:02:55,100
Blow to the head probably
triggered a seizure.
47
00:02:55,170 --> 00:02:56,700
Any sign he put up a fight?
48
00:02:56,770 --> 00:02:59,570
Nothing under his nails.
No bruising to the face.
49
00:02:59,640 --> 00:03:02,910
But it does look like he'd
been twisting some nice sheets
50
00:03:02,980 --> 00:03:04,380
before he died.
51
00:03:04,850 --> 00:03:07,320
Silk fibers from
the inside of his clothing.
52
00:03:07,380 --> 00:03:10,410
Probably transferred from his skin.
Fine silk, actually.
53
00:03:10,550 --> 00:03:12,380
Any indication he had sex?
54
00:03:12,450 --> 00:03:14,320
No foreign hair or residue,
55
00:03:14,390 --> 00:03:18,260
but I'm going to bet he was, and
he was dressed post mortem.
56
00:03:18,330 --> 00:03:22,130
His underwear is inside out,
and his belt missed two loops.
57
00:03:22,360 --> 00:03:24,890
Drugs and he got his swerve on.
That's a hell of a night.
58
00:03:24,970 --> 00:03:27,130
Let's go. Thank you.
59
00:03:30,440 --> 00:03:33,530
I'm sorry, I don't know where
my son was two nights ago.
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00:03:33,610 --> 00:03:35,650
Did he ever mention anybody
that would want to harm him?
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00:03:35,680 --> 00:03:37,580
Enemies maybe? I wouldn't know.
62
00:03:37,650 --> 00:03:40,880
How about a girlfriend? Derek
and I didn't talk much lately.
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00:03:42,580 --> 00:03:44,050
Were you having problems?
64
00:03:44,120 --> 00:03:45,450
I was very proud of Derek.
65
00:03:45,520 --> 00:03:47,960
He was making more money
than I could ever dream to.
66
00:03:48,120 --> 00:03:49,600
But he worked through
his sister's wedding
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00:03:49,620 --> 00:03:52,650
and his mother's 50 birthday.
100 hours a week.
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00:03:53,530 --> 00:03:55,690
I told him only a fool
would take that abuse.
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00:03:55,760 --> 00:03:57,460
He said fools don't
retire at 40.
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00:03:58,100 --> 00:03:59,300
Hey, Joe.
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00:03:59,740 --> 00:04:01,930
Got a pay stub here, $300,000.
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00:04:02,000 --> 00:04:04,370
In the note section
it says "Our secret. S.K."
73
00:04:05,210 --> 00:04:07,840
Do you have any idea
who S.K. is, Mr. Miller?
74
00:04:07,910 --> 00:04:10,340
Has to be his boss.
Sophia Keener.
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00:04:12,580 --> 00:04:16,780
The secret was money. His bonus was
bigger than the other associates'.
76
00:04:17,150 --> 00:04:18,240
Why hide that?
77
00:04:18,750 --> 00:04:21,950
That's banking, Detective. It's
not about how much you need.
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00:04:22,020 --> 00:04:25,520
It's about how much the other guy
gets and making sure you get more.
79
00:04:25,590 --> 00:04:27,650
Can you tell us why Derek
got more than the others?
80
00:04:27,730 --> 00:04:29,750
Oh, he had great potential.
81
00:04:29,830 --> 00:04:31,680
It was just our way of
telling him to hang in there
82
00:04:31,700 --> 00:04:33,530
until he started
making real money.
83
00:04:33,640 --> 00:04:36,400
$300,000 ain't real money?
84
00:04:36,840 --> 00:04:38,530
It's a lot of money.
85
00:04:38,610 --> 00:04:41,600
But when your managing
director's only four years older
86
00:04:41,680 --> 00:04:43,010
and making five million,
87
00:04:43,080 --> 00:04:45,050
it's easy to feel
underappreciated.
88
00:04:45,150 --> 00:04:47,620
Especially to someone
who worked so hard.
89
00:04:47,720 --> 00:04:49,150
Did you set Derek's bonus?
90
00:04:49,550 --> 00:04:52,180
As managing partner in the
firm, I do have a say.
91
00:04:52,250 --> 00:04:53,450
But it's done by committee.
92
00:04:53,720 --> 00:04:55,590
How much more did Derek
get than the others?
93
00:04:55,660 --> 00:04:58,820
The other associates in his
class maxed out at 150.
94
00:05:00,244 --> 00:05:01,405
Did they know that?
95
00:05:01,975 --> 00:05:03,315
I doubt it.
96
00:05:03,386 --> 00:05:05,857
No one ever asks the other
guy's number and no one tells.
97
00:05:05,917 --> 00:05:09,188
Last thing you want to find out
is that someone else made more.
98
00:05:09,288 --> 00:05:11,850
Was Derek having any
problems with colleagues?
99
00:05:11,930 --> 00:05:13,660
I'm sorry, I don't know.
100
00:05:13,731 --> 00:05:15,211
Do you know where
he was Friday night?
101
00:05:15,471 --> 00:05:17,632
Detective, 300
people work for me.
102
00:05:17,702 --> 00:05:19,363
I know few of them personally.
103
00:05:20,104 --> 00:05:22,805
But bankers with fat wallets
know how to have fun.
104
00:05:22,875 --> 00:05:26,106
And I'm sure somebody he worked
with can tell you where he was.
105
00:05:27,317 --> 00:05:29,148
Best hamachi in the world.
106
00:05:29,288 --> 00:05:32,129
There were 12 of us. Could've bought a
Hyundai for the price of that dinner.
107
00:05:32,159 --> 00:05:33,160
Mark Rhodes...
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00:05:33,230 --> 00:05:35,821
You don't seem all that busted
up about your friend dying.
109
00:05:35,961 --> 00:05:38,332
Guys, the street don't sleep.
110
00:05:38,402 --> 00:05:40,483
Yeah. Well, pretend you can mourn
till we're done talking to you.
111
00:05:40,503 --> 00:05:41,884
Now, when did you
finish at the restaurant?
112
00:05:41,904 --> 00:05:44,235
Uh, finished up around 10:00.
Then what?
113
00:05:44,305 --> 00:05:47,437
Uh, then over to The Baby
Doll's on 8th Avenue.
114
00:05:47,517 --> 00:05:49,488
Is that where all
the coke came out?
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00:05:49,818 --> 00:05:51,549
I don't... I don't know
anything about coke.
116
00:05:52,159 --> 00:05:53,880
Derek had a whole lot
in his system.
117
00:05:53,960 --> 00:05:55,581
Like he'd been
partying for awhile.
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00:05:56,631 --> 00:05:58,752
I'm a martini man.
I can't help you.
119
00:05:58,832 --> 00:06:00,193
What happened at the club?
120
00:06:00,263 --> 00:06:03,895
$100 lap dances, $400 bottles of vodka.
Standard stuff.
121
00:06:04,235 --> 00:06:05,606
Derek get into it with anyone?
122
00:06:05,676 --> 00:06:07,667
No. But he was
acting pretty cocky.
123
00:06:08,477 --> 00:06:09,607
Was that about his bonus?
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00:06:10,678 --> 00:06:12,449
Implying that he maxed out.
125
00:06:12,549 --> 00:06:14,540
From what we hear,
the amount he got
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00:06:14,620 --> 00:06:16,501
would make somebody want
to take a swing at him.
127
00:06:16,921 --> 00:06:19,862
Not me. I didn't even
hear his number.
128
00:06:19,932 --> 00:06:22,494
And I maxed out on bonus,
too, so there's no way
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00:06:22,564 --> 00:06:24,044
that Derek made more
money than I did.
130
00:06:25,265 --> 00:06:26,466
How much did you get?
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00:06:33,349 --> 00:06:34,509
90,000.
132
00:06:39,062 --> 00:06:42,463
Derek got 300,000.
133
00:06:43,294 --> 00:06:44,594
That's bull.
134
00:06:45,935 --> 00:06:48,196
There's no way that
Derek deserved that much.
135
00:06:50,107 --> 00:06:52,098
Now I understand why Lucas
wanted to kick his ass.
136
00:06:52,448 --> 00:06:53,809
Lucas? Lucas who?
137
00:06:54,909 --> 00:06:57,581
Lucas Brody. Him and Derek
had words at The Baby Doll.
138
00:06:58,521 --> 00:06:59,522
Where's his office?
139
00:06:59,592 --> 00:07:00,862
It's down the hall,
but he's not in it.
140
00:07:00,892 --> 00:07:03,623
I haven't heard from him since Friday.
I think he quit.
141
00:07:07,065 --> 00:07:08,506
When was the last
time you saw Brody?
142
00:07:08,536 --> 00:07:10,697
Stumbling in here
drunk Sunday morning.
143
00:07:10,767 --> 00:07:12,538
But I'm not just about
to open that door.
144
00:07:12,608 --> 00:07:13,698
He'll stick a lawyer on me.
145
00:07:13,778 --> 00:07:16,140
Don't let that bother you.
We're authorized.
146
00:07:16,210 --> 00:07:17,980
Just open the door
and back away.
147
00:07:29,396 --> 00:07:30,797
Brody. Get up.
148
00:07:30,867 --> 00:07:33,358
Police. We need to talk to you
about Derek Miller. Get up.
149
00:07:33,938 --> 00:07:35,779
Come on. Hey, where's the
shower in this place?
150
00:07:38,040 --> 00:07:40,451
Derek's dead? How?
151
00:07:41,212 --> 00:07:42,462
You don't know nothing about it?
152
00:07:42,482 --> 00:07:43,543
No.
153
00:07:43,653 --> 00:07:45,984
When was the last
time you saw him?
154
00:07:46,054 --> 00:07:47,855
Come on, me? I didn't kill him.
155
00:07:47,925 --> 00:07:51,296
Listen, we heard that Derek might've let
slip his little bonus number, so...
156
00:07:51,597 --> 00:07:52,597
So what?
157
00:07:52,667 --> 00:07:55,138
Aw, come on, man. You were mad
at Derek because of the money.
158
00:07:55,198 --> 00:07:56,919
You got in a fight
and things got out of hand.
159
00:07:56,939 --> 00:07:58,370
No, wrong. Look...
160
00:07:58,440 --> 00:08:00,841
All that bonus told me was
what a sham Morgan Keener is.
161
00:08:00,911 --> 00:08:05,853
And that talent has
nothing to do with who gets fat.
162
00:08:06,984 --> 00:08:08,465
So what did you
have to do to get fat?
163
00:08:09,625 --> 00:08:11,056
Nail the boss, I guess.
164
00:08:12,327 --> 00:08:13,417
What does that mean?
165
00:08:14,668 --> 00:08:17,999
Two months ago, in Hong Kong,
I went up to her hotel room
166
00:08:18,069 --> 00:08:20,370
to slip some research
under her door,
167
00:08:20,941 --> 00:08:22,672
and I saw Derek walking out.
168
00:08:23,812 --> 00:08:26,183
Shirt untucked,
zipping up his pants.
169
00:08:27,314 --> 00:08:28,715
Did you tell anybody?
170
00:08:28,785 --> 00:08:31,556
Of course not. Keener was
about to sign my bonus check.
171
00:08:31,626 --> 00:08:33,597
I still thought
I was getting a taste.
172
00:08:35,428 --> 00:08:37,329
Was Lucas Brody
trying to throw you offtrack?
173
00:08:37,429 --> 00:08:38,899
His cell phone use has him
174
00:08:38,969 --> 00:08:40,870
at 10 different bars
from Friday to Sunday.
175
00:08:40,940 --> 00:08:42,501
But nothing near the dump scene.
176
00:08:42,571 --> 00:08:44,102
Anyone confirm him at the bars?
177
00:08:44,172 --> 00:08:47,013
Every single bartender. Seems he
couldn't stop bitching about his bonus.
178
00:08:47,083 --> 00:08:48,874
Yeah, just 50 grand. Poor kid.
179
00:08:48,984 --> 00:08:50,815
Hey, listen, Derek
Miller's cell phone,
180
00:08:50,885 --> 00:08:53,787
there was about 1,000
calls to Sophia Keener,
181
00:08:54,187 --> 00:08:57,248
but they worked together, so it
doesn't necessarily prove an affair.
182
00:08:57,328 --> 00:08:58,569
But we'd like to
go talk with her.
183
00:08:58,599 --> 00:08:59,960
Not without evidence
of the affair.
184
00:09:00,000 --> 00:09:02,531
You'll be knee deep
in lawyers in two seconds.
185
00:09:02,601 --> 00:09:04,332
You working on Sophia's story?
186
00:09:04,402 --> 00:09:06,533
She's the boss's daughter.
She has one kid.
187
00:09:06,613 --> 00:09:10,205
She's been married to Robert White
for 10 years. Presently separated.
188
00:09:10,285 --> 00:09:12,946
Three months ago, she filed a
restraining order against him.
189
00:09:13,016 --> 00:09:14,317
Threatened her with a knife.
190
00:09:14,387 --> 00:09:15,597
According to the police report,
191
00:09:15,617 --> 00:09:17,668
she went over to his house
to pick up their daughter.
192
00:09:17,688 --> 00:09:19,559
He begged for a reconciliation,
193
00:09:19,629 --> 00:09:21,430
and when she refused,
he took out a knife.
194
00:09:21,930 --> 00:09:24,301
He own a white SUV? No,
and neither does she.
195
00:09:24,401 --> 00:09:25,402
Any priors? Nope.
196
00:09:25,942 --> 00:09:28,103
Guess there's a first
time for everything.
197
00:09:31,245 --> 00:09:32,905
I was in the kitchen
cutting an apple.
198
00:09:32,986 --> 00:09:35,317
We argued for a couple
of minutes, that was it.
199
00:09:35,857 --> 00:09:38,288
Day later, out of nowhere,
I get that order.
200
00:09:39,259 --> 00:09:40,949
Had you ever been
violent with her before?
201
00:09:41,089 --> 00:09:42,090
Never.
202
00:09:42,160 --> 00:09:44,631
So for no apparent reason,
your multimillionaire wife
203
00:09:44,701 --> 00:09:46,602
went and lied before a Judge.
204
00:09:47,232 --> 00:09:50,294
Or her attorney cooked it up to
improve her bargaining position
205
00:09:50,374 --> 00:09:52,745
in our custody fight
over Katie, our daughter.
206
00:09:53,976 --> 00:09:55,176
Do you know Derek Miller?
207
00:09:55,817 --> 00:09:57,007
No.
208
00:09:57,487 --> 00:10:00,049
Dad? Did you call me?
209
00:10:00,626 --> 00:10:02,217
No, I didn't, sweetheart.
210
00:10:02,357 --> 00:10:04,388
Can you go... Go back
to your room, okay?
211
00:10:09,571 --> 00:10:10,631
We about done?
212
00:10:11,612 --> 00:10:13,873
Derek Miller worked
for your wife.
213
00:10:13,943 --> 00:10:16,144
We heard that they were
romantically involved.
214
00:10:17,054 --> 00:10:18,165
L won't know anything about it.
215
00:10:18,185 --> 00:10:19,846
Would it upset you if they were?
216
00:10:19,926 --> 00:10:21,047
Why would I care?
217
00:10:21,127 --> 00:10:23,258
I can think of a few
million reasons why.
218
00:10:24,098 --> 00:10:25,389
They don't apply to me.
219
00:10:25,559 --> 00:10:27,290
Is it because you're
seeing somebody too?
220
00:10:28,370 --> 00:10:29,531
That's none of your business.
221
00:10:29,571 --> 00:10:32,773
Look, Sophia and I
are done, okay?
222
00:10:33,413 --> 00:10:34,633
She can bed who she wants.
223
00:10:35,344 --> 00:10:36,905
Where were you
last Friday night?
224
00:10:38,345 --> 00:10:40,216
I still have access
to the country house.
225
00:10:40,286 --> 00:10:41,847
Katie and I were
there all weekend.
226
00:10:42,157 --> 00:10:43,678
Can anyone verify that?
227
00:10:44,228 --> 00:10:45,349
Our caretaker.
228
00:10:47,160 --> 00:10:49,631
He arrived Thursday, left Sunday.
I didn't see him much.
229
00:10:49,831 --> 00:10:52,032
Was he with anybody? The little girl.
Katie.
230
00:10:52,102 --> 00:10:53,433
Anybody else?
231
00:10:53,503 --> 00:10:55,134
Not that I saw.
232
00:10:55,204 --> 00:10:56,325
Do you live on the property?
233
00:10:56,445 --> 00:10:57,465
For five years.
234
00:10:57,545 --> 00:11:00,277
And do you recall what time
you went to bed Friday night?
235
00:11:00,947 --> 00:11:02,108
Around 10:00 p.m.
236
00:11:02,218 --> 00:11:05,249
Now, is it possible that Robert
left without you hearing him?
237
00:11:05,319 --> 00:11:06,490
Don't think so.
238
00:11:06,560 --> 00:11:08,461
I sleep right over the garage.
239
00:11:08,531 --> 00:11:09,962
Can you show us? Yeah, sure.
240
00:11:10,762 --> 00:11:12,893
Ms. Keener, she come
to the house a lot?
241
00:11:12,973 --> 00:11:13,974
Sometimes.
242
00:11:14,034 --> 00:11:16,025
Does she come
alone or with men or...
243
00:11:17,546 --> 00:11:19,777
It's not my place to discuss
their personal lives.
244
00:11:19,847 --> 00:11:21,508
All right, listen to us.
245
00:11:21,578 --> 00:11:23,138
We're investigating
a murder here, okay?
246
00:11:25,290 --> 00:11:26,760
Never saw her with a man.
247
00:11:29,532 --> 00:11:31,193
That's a nice truck. Ls it new?
248
00:11:31,463 --> 00:11:33,364
Yeah. Robert bought
it yesterday.
249
00:11:34,334 --> 00:11:35,425
Oh, really.
250
00:11:36,135 --> 00:11:37,726
And what did he use to have?
251
00:11:37,806 --> 00:11:39,337
Same model.
252
00:11:39,907 --> 00:11:42,709
It's registered to a Queen Katie
Incorporated. What is that?
253
00:11:42,779 --> 00:11:45,010
That's the name of
Robert's printing company.
254
00:11:45,420 --> 00:11:48,111
And the one that Robert
traded in, what color was it?
255
00:11:48,191 --> 00:11:49,282
White.
256
00:11:53,834 --> 00:11:58,096
$9,999 and that beauty is yours.
257
00:11:59,167 --> 00:12:01,168
All we want to do is borrow it.
258
00:12:01,778 --> 00:12:02,969
Borrow it?
259
00:12:03,049 --> 00:12:04,440
Till the trial's over.
260
00:12:05,010 --> 00:12:06,611
Where's your keys?
261
00:12:12,154 --> 00:12:13,594
I didn't kill anyone.
262
00:12:14,665 --> 00:12:18,627
Okay, man. Your white SUV, it's
under a microscope in our lab.
263
00:12:19,137 --> 00:12:21,068
We found Derek's
blood and his hair.
264
00:12:21,809 --> 00:12:22,869
Explain that.
265
00:12:22,939 --> 00:12:24,120
I don't know what
you're talking about.
266
00:12:24,140 --> 00:12:25,671
We know he was in that vehicle.
267
00:12:25,741 --> 00:12:27,472
He was in back of the SUV.
268
00:12:27,552 --> 00:12:30,883
And he was either dead or dying when
you hauled him to the dumpsite.
269
00:12:30,953 --> 00:12:33,825
So why don't you just tell us
where you and Sophia met up?
270
00:12:33,895 --> 00:12:36,296
Come on, Rob.
Your wife humiliated you.
271
00:12:36,366 --> 00:12:38,007
She was sleeping with
a younger black man.
272
00:12:38,267 --> 00:12:39,978
You don't think we can
sympathize with that?
273
00:12:39,998 --> 00:12:42,029
Maybe you just wanted
to talk to Derek,
274
00:12:42,099 --> 00:12:44,600
tell him that you still loved
Sophia, that he should back off.
275
00:12:44,710 --> 00:12:47,682
He was coked up. Things got out of
hand and you defended yourself.
276
00:12:47,742 --> 00:12:49,583
L told you I wasn't
jealous of Sophia.
277
00:12:49,653 --> 00:12:51,924
Look, man. Just because you keep
saying that don't make it true.
278
00:12:51,954 --> 00:12:54,816
I'm seeing someone. We've been
together for five months.
279
00:12:54,886 --> 00:12:56,847
We were together when you're
saying this man died.
280
00:12:57,057 --> 00:12:58,958
Well, the caretaker
didn't see you with anyone
281
00:12:59,028 --> 00:13:00,709
at the country house,
except your daughter.
282
00:13:00,829 --> 00:13:02,840
I snuck her in late after
my daughter went to sleep.
283
00:13:02,870 --> 00:13:04,951
I don't think Katie's ready
to see me with someone new.
284
00:13:04,971 --> 00:13:07,562
We're gonna need her
name and phone number.
285
00:13:07,772 --> 00:13:09,643
Come on. Her name and phone number.
Let's go.
286
00:13:14,716 --> 00:13:17,187
Robert and I have been
dating about five months.
287
00:13:17,257 --> 00:13:19,228
And he kept you secret
from his daughter?
288
00:13:19,288 --> 00:13:22,860
I've met Katie, but she doesn't
know we're sleeping together.
289
00:13:22,930 --> 00:13:25,091
The custody fight's
been very hard on her.
290
00:13:25,671 --> 00:13:27,192
Were you with him Friday night?
291
00:13:27,272 --> 00:13:28,433
Yes.
292
00:13:28,503 --> 00:13:29,774
All night?
293
00:13:29,944 --> 00:13:31,775
At their house in Sag Harbor.
294
00:13:31,845 --> 00:13:35,747
I came in around 11:00 and planned
to leave before Katie was up.
295
00:13:37,588 --> 00:13:40,679
Thing is, we know that Robert
wasn't in the country all night.
296
00:13:40,759 --> 00:13:42,040
We checked his cell phone usage.
297
00:13:42,060 --> 00:13:44,931
He made a phone call
from a Manhattan site
298
00:13:45,302 --> 00:13:46,922
at around 4:00 that morning.
299
00:13:47,673 --> 00:13:48,763
He called you.
300
00:13:50,304 --> 00:13:51,485
Did you know that the young man
301
00:13:51,505 --> 00:13:54,206
that Robert's wife was
dating was murdered?
302
00:13:55,417 --> 00:13:56,938
You think Robert did that?
303
00:13:57,788 --> 00:13:59,549
Why would you lie to
us about being with him?
304
00:14:00,760 --> 00:14:02,550
Robert wouldn't hurt anyone.
305
00:14:02,620 --> 00:14:05,362
Do you know if he fought with
his wife about her boyfriends,
306
00:14:05,432 --> 00:14:07,293
expressed any jealousy?
307
00:14:10,204 --> 00:14:12,576
His wife called the house
around 2:00 in the morning.
308
00:14:14,106 --> 00:14:17,208
After he hung up, he said he had
to go into the city to see her.
309
00:14:17,278 --> 00:14:18,549
Why?
310
00:14:19,049 --> 00:14:20,280
He wouldn't say.
311
00:14:20,350 --> 00:14:22,321
You sure it was 2:00 a.m.
when she called?
312
00:14:22,391 --> 00:14:23,861
I looked at the clock.
313
00:14:23,921 --> 00:14:25,392
When did he get back?
314
00:14:25,462 --> 00:14:26,583
After 6:00.
315
00:14:27,163 --> 00:14:28,594
How did he explain the trip?
316
00:14:30,035 --> 00:14:31,125
He didn't.
317
00:14:31,936 --> 00:14:34,167
But I know he
didn't kill anyone.
318
00:14:34,977 --> 00:14:38,379
Well, look, we've found this
guy's DNA in Robert's truck.
319
00:14:39,249 --> 00:14:40,460
So if you're covering
for your boyfriend,
320
00:14:40,480 --> 00:14:42,211
you could be charged
as an accessory.
321
00:14:43,852 --> 00:14:45,623
I know he left at 2:00 a.m.
322
00:14:47,263 --> 00:14:49,224
But if there was
evidence in his car,
323
00:14:50,465 --> 00:14:52,596
I have something
that may explain it.
324
00:14:55,167 --> 00:14:56,828
Two days after Derek's murder,
325
00:14:56,908 --> 00:15:00,000
Sophia Keener gave Robert
$10 million in cash
326
00:15:00,343 --> 00:15:01,703
and sole custody
of their daughter.
327
00:15:01,774 --> 00:15:03,054
For a year, she was holding firm
328
00:15:03,074 --> 00:15:04,875
at half a million
and joint custody.
329
00:15:04,945 --> 00:15:07,115
And Natalie was certain
that Robert was with her
330
00:15:07,185 --> 00:15:09,446
until after Derek's
time of death?
331
00:15:09,516 --> 00:15:11,647
She's certain and his
E-Z Pass clocked in
332
00:15:11,727 --> 00:15:13,718
at the Triborough at 3:20 a.m.
333
00:15:13,798 --> 00:15:16,989
So you're thinking that Robert
helped her dispose of the body,
334
00:15:17,069 --> 00:15:19,970
and then got 10 million
and custody for the effort.
335
00:15:20,040 --> 00:15:21,040
It's not a bad deal.
336
00:15:21,100 --> 00:15:23,761
Well, any hint why Sophia
would want to kill Derek?
337
00:15:23,841 --> 00:15:27,713
Sophia's employment agreement with Morgan
Keener contains a morality clause.
338
00:15:27,783 --> 00:15:29,403
If she slept with a subordinate,
339
00:15:29,543 --> 00:15:31,774
it would violate that clause
and they can can her.
340
00:15:31,854 --> 00:15:34,515
Causing her to lose
millions in cash and stock.
341
00:15:34,625 --> 00:15:35,996
So maybe he was trying
to blackmail her.
342
00:15:36,026 --> 00:15:38,326
Yeah, but Derek's sleeping
with a beautiful woman.
343
00:15:38,397 --> 00:15:40,867
He's getting fast
tracked in his career.
344
00:15:40,927 --> 00:15:41,958
Why screw it up?
345
00:15:42,028 --> 00:15:44,159
She's the managing
partner of the firm.
346
00:15:44,239 --> 00:15:45,829
That's a major
sexual harassment suit.
347
00:15:46,239 --> 00:15:47,380
But how could she lose her job
348
00:15:47,410 --> 00:15:49,050
with her father at
the helm of the company?
349
00:15:49,070 --> 00:15:50,791
Cause Daddy's only
the chairman of the board.
350
00:15:50,811 --> 00:15:53,212
No public company would
want a scandal like that.
351
00:15:53,752 --> 00:15:56,043
What was Sophia's alibi for
the night of the murder?
352
00:15:56,113 --> 00:15:57,113
Her daddy.
353
00:15:57,183 --> 00:16:00,644
Said she was having a meeting
with him at his home, late.
354
00:16:00,724 --> 00:16:02,525
Let's see if you
could shake that loose.
355
00:16:02,655 --> 00:16:03,996
Let's go talk to daddy.
356
00:16:07,067 --> 00:16:09,328
Mr. Keener, your daughter lives
six blocks away from you.
357
00:16:09,398 --> 00:16:11,028
Why would she spend the night?
358
00:16:11,108 --> 00:16:14,509
We worked late. I'd sent my driver home.
It was not uncommon.
359
00:16:16,210 --> 00:16:17,650
That's a little odd,
don't you think?
360
00:16:19,181 --> 00:16:21,052
Call it sympathy
for an old widower.
361
00:16:22,982 --> 00:16:26,924
Do you recall your daughter ever leaving
the townhouse during the evening?
362
00:16:26,994 --> 00:16:28,294
She was in all night.
363
00:16:28,894 --> 00:16:31,555
I recall setting the house
alarm before we retired.
364
00:16:31,966 --> 00:16:33,366
What time was that?
365
00:16:33,436 --> 00:16:34,436
1:30.
366
00:16:35,007 --> 00:16:36,847
Is there any chance she
stepped out afterwards?
367
00:16:37,077 --> 00:16:39,938
Not without knowing the disable
code, which only I know.
368
00:16:40,008 --> 00:16:42,309
The reason we ask is
because there was a phone call
369
00:16:42,379 --> 00:16:44,010
made to her country
home around 2:00 a.m.
370
00:16:44,080 --> 00:16:45,570
from a payphone
in your neighborhood.
371
00:16:45,650 --> 00:16:47,781
Now, that spot is equidistant
between your two homes.
372
00:16:48,321 --> 00:16:49,702
So if you could account
for her going out
373
00:16:49,722 --> 00:16:52,213
to make that phone call,
that would be great.
374
00:16:52,293 --> 00:16:53,923
Why would she leave
to make a phone call?
375
00:16:54,964 --> 00:16:58,295
There are over 20 telephones
in my home and she has a cell.
376
00:16:59,005 --> 00:17:00,526
The call wasn't made
from any of those.
377
00:17:01,406 --> 00:17:03,167
Perhaps someone else
called her country home.
378
00:17:03,777 --> 00:17:05,507
No, we're certain
she made the call.
379
00:17:07,448 --> 00:17:08,919
L think you're being lied to.
380
00:17:09,579 --> 00:17:11,250
We're certain of that too.
381
00:17:12,950 --> 00:17:16,621
Mr. Keener, if you're providing
false alibi for your daughter,
382
00:17:16,691 --> 00:17:18,892
ain't enough money in the world
to keep you out of jail.
383
00:17:21,533 --> 00:17:23,624
My daughter had nothing to
do with that man's death.
384
00:17:25,304 --> 00:17:28,906
Any more questions,
talk to my attorney.
385
00:17:29,176 --> 00:17:31,267
Yes, sir.
386
00:17:31,677 --> 00:17:32,737
That dude was lying.
387
00:17:32,817 --> 00:17:34,908
Look, Sophia was
at her place with Derek.
388
00:17:34,988 --> 00:17:37,579
She brained him. She ran out
of the house to get some help,
389
00:17:37,919 --> 00:17:40,890
and she paid for it with $10
million and a custody agreement.
390
00:17:40,990 --> 00:17:42,961
Think about it.
Derek Miller's dying,
391
00:17:43,131 --> 00:17:45,962
and she has the forethought to use
a payphone? That's cold-blooded.
392
00:17:46,162 --> 00:17:47,432
I think it runs in the family.
393
00:17:47,632 --> 00:17:48,903
We gotta get a warrant.
394
00:17:52,474 --> 00:17:55,275
Well, Ms. Keener knows
how to spend her dough.
395
00:17:55,345 --> 00:17:58,076
Got a good maid too. No
blood or tissue anywhere.
396
00:17:58,686 --> 00:18:02,548
But this tells me that there was
another carpet here recently.
397
00:18:02,818 --> 00:18:04,518
About three inches shorter.
398
00:18:04,588 --> 00:18:06,189
Are there any glass
slivers on the floor?
399
00:18:06,229 --> 00:18:07,489
Maybe from a wine bottle?
400
00:18:08,360 --> 00:18:09,730
Place is spotless.
401
00:18:09,800 --> 00:18:11,361
How much do you think
this carpet costs?
402
00:18:12,401 --> 00:18:14,162
Uh, I don't know.
About 15 grand.
403
00:18:15,342 --> 00:18:17,703
How much you want to bet she
didn't get rid of the old one?
404
00:18:19,574 --> 00:18:22,315
She said it was grape
juice on it or something.
405
00:18:22,385 --> 00:18:23,985
Did it look like
she'd tried to clean it?
406
00:18:24,015 --> 00:18:25,816
Yeah, it was all smeared.
407
00:18:26,456 --> 00:18:29,427
But they don't call me
Miracle Manny for nothing.
408
00:18:29,687 --> 00:18:30,918
What you mean?
409
00:18:34,469 --> 00:18:35,659
Where's the stain?
410
00:18:36,600 --> 00:18:37,600
I got it out.
411
00:18:37,700 --> 00:18:38,901
Damn. You cleaned it already?
412
00:18:38,971 --> 00:18:41,502
If someone drops you 500
for doing a speedy job,
413
00:18:41,612 --> 00:18:42,662
you do a speedy job.
414
00:18:42,742 --> 00:18:43,802
Yeah. Thanks.
415
00:18:44,313 --> 00:18:45,523
Look, we should
get it to the lab.
416
00:18:45,543 --> 00:18:48,314
And I don't know if there's
enough blood left for a DNA test.
417
00:18:49,284 --> 00:18:50,585
Robert don't know that.
418
00:18:52,726 --> 00:18:55,056
There was a stain on the
rug the size of a grapefruit.
419
00:18:55,126 --> 00:18:56,837
It was all smeared because
she tried to clean it up.
420
00:18:56,867 --> 00:19:00,198
But the lab confirmed that it
was Derek Miller's blood, so...
421
00:19:00,498 --> 00:19:02,299
I don't know
anything about this.
422
00:19:02,469 --> 00:19:04,450
The question isn't whether you
participated in the murder.
423
00:19:04,470 --> 00:19:06,841
Now we know that you got
there after he was dead.
424
00:19:06,911 --> 00:19:09,572
Your future lies in the extent
of the help that you gave her.
425
00:19:10,782 --> 00:19:13,063
Unless you want to spend 20
years for an accessory charge.
426
00:19:13,183 --> 00:19:16,454
When you're really only on the hook
for illegal disposal of a body.
427
00:19:16,524 --> 00:19:19,545
Which, believe it or not, can be
knocked down to a misdemeanor.
428
00:19:20,365 --> 00:19:22,226
You could walk on that.
429
00:19:22,296 --> 00:19:24,497
Or face those 20 years
away from your daughter.
430
00:19:30,009 --> 00:19:32,310
Wake up! What did Sophia
say on the phone?
431
00:19:37,982 --> 00:19:39,452
Just that she needed help.
432
00:19:41,253 --> 00:19:42,283
That's it?
433
00:19:43,494 --> 00:19:46,515
Y'all been fighting like cats
and dogs for the last year.
434
00:19:46,595 --> 00:19:47,835
She calls, says she needs help,
435
00:19:47,895 --> 00:19:50,816
that's enough for you to jump out of a
warm bed and leave your girlfriend?
436
00:19:52,437 --> 00:19:54,307
She said that
she was in trouble.
437
00:19:56,738 --> 00:19:57,799
That she hurt someone.
438
00:19:58,949 --> 00:20:00,280
Go on. What else?
439
00:20:02,854 --> 00:20:04,255
That she killed a man.
440
00:20:08,397 --> 00:20:11,419
She said that this kid had
become extremely paranoid
441
00:20:11,499 --> 00:20:13,561
by the cocaine he'd been doing.
442
00:20:13,641 --> 00:20:15,732
He thought he was
having a heart attack.
443
00:20:16,142 --> 00:20:19,945
So he wanted to call an ambulance,
and she said to get a taxi.
444
00:20:20,015 --> 00:20:23,777
That's cause she didn't want anybody
to know they were sleeping together?
445
00:20:23,957 --> 00:20:26,009
She was terrified
she'd lose her job.
446
00:20:26,689 --> 00:20:28,490
And that was enough
for her to kill a man?
447
00:20:30,131 --> 00:20:32,222
She said that when
he went to call 911,
448
00:20:34,274 --> 00:20:37,606
she was yelling at him to put the
phone down, but he wouldn't listen.
449
00:20:37,946 --> 00:20:38,967
So she hit him.
450
00:20:39,947 --> 00:20:41,278
What happened
after you got there?
451
00:20:42,479 --> 00:20:45,551
He was lying on the floor.
She begged me to help.
452
00:20:46,251 --> 00:20:48,663
Is that when you negotiated
your divorce settlement?
453
00:20:51,865 --> 00:20:53,956
I told her we should
call the police.
454
00:20:54,036 --> 00:20:56,368
That's when she
offered me the money
455
00:20:57,979 --> 00:20:59,910
and custody of our daughter.
456
00:21:02,281 --> 00:21:03,582
Man, oh, man.
457
00:21:05,223 --> 00:21:07,555
That's one hell of a way
to end a marriage.
458
00:21:12,928 --> 00:21:13,929
I'd like you to...
459
00:21:13,999 --> 00:21:15,049
All right, folks.
Meeting's over.
460
00:21:15,069 --> 00:21:17,471
Sophia Keener, on your feet,
hands behind your back.
461
00:21:17,541 --> 00:21:19,282
I'll call Galiano. She'll be
waiting at the precinct. Dad!
462
00:21:19,312 --> 00:21:21,803
Hands behind your back. Are
handcuffs really necessary?
463
00:21:21,914 --> 00:21:22,934
Yes, they are.
464
00:21:23,014 --> 00:21:24,465
Don't worry, sweetheart,
It's going to be all right.
465
00:21:24,485 --> 00:21:26,356
Mistreat her,
I'll have your jobs!
466
00:21:27,787 --> 00:21:29,758
Go call Galiano. Right now.
467
00:21:36,002 --> 00:21:42,006
Docket number 121305. People v. Sophia
Keener. Murder in the Second Degree.
468
00:21:42,076 --> 00:21:43,637
Ms. Keener pleads not guilty.
469
00:21:43,717 --> 00:21:44,838
People on bail?
470
00:21:44,918 --> 00:21:49,051
Ms. Keener has assets in excess of $100
million and access to a private jet.
471
00:21:49,121 --> 00:21:50,321
The People request remand.
472
00:21:50,391 --> 00:21:53,333
This is a murder case without
evidence of murder, Your Honor.
473
00:21:53,403 --> 00:21:55,765
The victim died of a
cocaine-induced convulsion.
474
00:21:56,165 --> 00:21:58,967
Triggered when the defendant
struck him repeatedly on the head
475
00:21:59,037 --> 00:22:00,528
with a wine bottle.
476
00:22:00,608 --> 00:22:02,159
Ms. Keener's relationship
with the victim
477
00:22:02,179 --> 00:22:03,940
violated her
employment agreement.
478
00:22:04,020 --> 00:22:05,571
Had the relationship
become known,
479
00:22:05,951 --> 00:22:08,613
she stood to lose millions
in salary and stock options,
480
00:22:08,693 --> 00:22:11,184
her position in the firm
and her reputation.
481
00:22:11,595 --> 00:22:15,927
My client was with her father
when this alleged crime occurred.
482
00:22:16,037 --> 00:22:19,229
Unfortunately, no one but she and
her father can confirm that.
483
00:22:20,580 --> 00:22:22,341
Bail is set at $5 million.
484
00:22:23,112 --> 00:22:25,053
Defendant will
forfeit her passport.
485
00:22:25,183 --> 00:22:27,154
No private planes, Ms. Keener.
486
00:22:27,625 --> 00:22:28,785
Of course not, Your Honor.
487
00:22:30,997 --> 00:22:33,018
Cocaine-induced convulsion?
488
00:22:33,098 --> 00:22:37,131
Keener hit the victim three times.
His skull was fractured.
489
00:22:38,101 --> 00:22:41,073
Expect Galiano's expert
to blame the seizure.
490
00:22:41,143 --> 00:22:43,545
Seizure doesn't explain the
glass embedded in his skull.
491
00:22:43,645 --> 00:22:45,446
Keener told her husband
that she struck Miller
492
00:22:45,486 --> 00:22:47,317
in the head multiple
times with a bottle.
493
00:22:48,188 --> 00:22:50,819
A private conversation with
her spouse is privileged.
494
00:22:50,889 --> 00:22:52,991
He can't tell the jury
what she told him.
495
00:22:53,061 --> 00:22:55,122
He can if she said it
in the course of a crime.
496
00:22:55,202 --> 00:22:57,694
But she didn't.
They spoke after the crime.
497
00:22:58,074 --> 00:23:01,876
They renegotiated their divorce
settlement over Derek Miller's body.
498
00:23:02,607 --> 00:23:05,108
That deal is evidence
of a continuing conspiracy
499
00:23:05,518 --> 00:23:07,710
to hide the corpse
and lie to the police.
500
00:23:07,790 --> 00:23:10,482
Don't expect Judge Shaw
to see it that way.
501
00:23:10,622 --> 00:23:13,894
Besides, if the jury hears that her
husband was a party to that deal,
502
00:23:13,964 --> 00:23:15,365
his credibility's shot.
503
00:23:15,435 --> 00:23:19,067
Regardless, it's the only way to get
Keener's confession into evidence.
504
00:23:19,137 --> 00:23:21,839
Galiano's motion to suppress
the husband's testimony?
505
00:23:21,909 --> 00:23:23,780
And the testimony
of any other party
506
00:23:23,880 --> 00:23:25,741
privy to their
alleged conversation.
507
00:23:26,282 --> 00:23:28,773
What? What's she talking about?
508
00:23:28,853 --> 00:23:31,825
If there was a third party present,
that defeats the privilege.
509
00:23:32,195 --> 00:23:34,166
Then it's got to be
the daughter, Katie.
510
00:23:34,226 --> 00:23:35,477
She was also
at the country house.
511
00:23:35,497 --> 00:23:37,559
Maybe Galiano thinks she
overheard the confession.
512
00:23:37,869 --> 00:23:41,241
If so, she could testify.
That would fix your problem.
513
00:23:41,311 --> 00:23:43,032
Except if the daughter
heard the confession,
514
00:23:43,172 --> 00:23:44,663
why didn't the father
tell us that?
515
00:23:47,785 --> 00:23:49,516
I don't want Katie involved.
516
00:23:50,427 --> 00:23:53,018
You don't make
that choice, Mr. White.
517
00:23:53,088 --> 00:23:55,860
We gave you a deal.
And without full disclosure,
518
00:23:56,931 --> 00:23:57,991
it's in jeopardy.
519
00:23:58,672 --> 00:24:00,933
She's 14 years old,
and Sophia's her mother.
520
00:24:01,474 --> 00:24:04,606
We know the circumstances aren't
pleasant, but this is a murder case.
521
00:24:04,716 --> 00:24:06,447
You don't understand.
522
00:24:11,120 --> 00:24:12,450
Katie was raped.
523
00:24:13,361 --> 00:24:15,222
Or she was molested.
We don't know.
524
00:24:15,292 --> 00:24:16,923
It happened three years ago.
525
00:24:17,834 --> 00:24:19,065
Ever since, she's been
526
00:24:20,065 --> 00:24:22,267
different, vulnerable.
527
00:24:23,707 --> 00:24:25,539
I didn't come across
a report of any rape.
528
00:24:25,849 --> 00:24:27,180
We didn't call the police.
529
00:24:27,720 --> 00:24:30,912
Mr. White, are you lying
to shield your daughter?
530
00:24:32,793 --> 00:24:35,695
Katie told Sophia that she was
experiencing some discomfort.
531
00:24:36,265 --> 00:24:40,258
The doctor said that there was
evidence of vaginal tearing,
532
00:24:41,168 --> 00:24:43,900
which he estimated
happened two weeks earlier.
533
00:24:44,681 --> 00:24:48,703
He said that he thought the sex
could have been consensual.
534
00:24:48,783 --> 00:24:50,014
But I didn't believe it.
535
00:24:50,784 --> 00:24:52,335
Katie wouldn't talk to me,
and there was no way
536
00:24:52,355 --> 00:24:53,786
she was gonna
talk to the police.
537
00:24:54,857 --> 00:24:56,888
We still need to know
what she heard.
538
00:25:00,981 --> 00:25:03,712
She heard the conversation
between me and her mother.
539
00:25:04,652 --> 00:25:06,203
She'd picked up the other phone.
540
00:25:07,483 --> 00:25:09,113
Did she hear your wife confess?
541
00:25:13,525 --> 00:25:14,555
Yes.
542
00:25:18,896 --> 00:25:21,567
If you examine the
record closely, Your Honor.
543
00:25:21,637 --> 00:25:23,038
Everything her husband
and daughter
544
00:25:23,108 --> 00:25:24,508
claim to know about that night
545
00:25:24,578 --> 00:25:26,369
was the result of Ms. Keener's
546
00:25:26,439 --> 00:25:28,499
confidential communication
with her husband.
547
00:25:28,949 --> 00:25:31,210
According to the statute,
it's privileged.
548
00:25:31,280 --> 00:25:32,981
Their testimony
should be excluded.
549
00:25:33,051 --> 00:25:34,581
Her daughter
heard the confession.
550
00:25:34,651 --> 00:25:36,452
That by itself
defeats the privilege.
551
00:25:36,752 --> 00:25:38,452
The alleged
confession, Mr. McCoy.
552
00:25:38,522 --> 00:25:40,393
The party claiming
the privilege must take
553
00:25:40,463 --> 00:25:43,224
reasonable steps to assure privacy.
She didn't do that.
554
00:25:43,294 --> 00:25:45,354
What more could she have
done to assure the privacy
555
00:25:45,434 --> 00:25:47,195
of a 2:00 a.m. phone call?
556
00:25:47,605 --> 00:25:49,886
She could have waited till
she was alone with her husband.
557
00:25:50,576 --> 00:25:54,237
The intent of the statute is to
protect the sanctity of marriage
558
00:25:54,377 --> 00:25:56,368
by encouraging spouses
to communicate.
559
00:25:56,618 --> 00:26:00,579
Their marriage was over. Ms. Keener
finalized their divorce that night
560
00:26:00,819 --> 00:26:03,760
by promising her husband money
and custody of their daughter
561
00:26:03,820 --> 00:26:06,451
to secure his help
in hiding her crime.
562
00:26:07,391 --> 00:26:12,763
In construing the intent and the
history of the statute, Mr. McCoy,
563
00:26:12,833 --> 00:26:15,804
I find that both the
conversation on the phone
564
00:26:16,074 --> 00:26:18,665
and in the defendant's
home are privileged.
565
00:26:18,745 --> 00:26:19,835
Your Honor... However,
566
00:26:20,785 --> 00:26:22,146
their daughter can testify.
567
00:26:22,246 --> 00:26:24,806
You just said that the
phone call was privileged.
568
00:26:24,886 --> 00:26:28,448
You dishonor that privilege by allowing
an unknown listener to testify.
569
00:26:28,558 --> 00:26:31,458
That's the chance your client took
by discussing this on the phone.
570
00:26:32,359 --> 00:26:35,660
If you want the jury to hear the
alleged confession, Mr. McCoy,
571
00:26:35,730 --> 00:26:37,570
put the daughter on the stand.
572
00:26:38,941 --> 00:26:40,731
Did the police
ever interview Katie?
573
00:26:40,811 --> 00:26:41,862
Robert wouldn't allow it.
574
00:26:41,942 --> 00:26:43,632
He doesn't have any choice now.
575
00:26:43,712 --> 00:26:45,193
And if he makes
any effort to block us,
576
00:26:45,213 --> 00:26:47,743
tell him we'll subpoena
her and pull his deal.
577
00:26:50,854 --> 00:26:52,215
Why can't my dad be here?
578
00:26:52,425 --> 00:26:55,016
We need to hear
your story in your own words.
579
00:26:55,096 --> 00:26:56,286
I don't want to go to court.
580
00:26:57,296 --> 00:26:58,767
Don't worry about
that right now.
581
00:26:59,397 --> 00:27:01,227
Let's just talk
about what happened.
582
00:27:02,538 --> 00:27:05,509
But I don't want to say stuff
that puts my mom in jail.
583
00:27:08,640 --> 00:27:11,241
But don't you think it's best for
everyone if we know the truth?
584
00:27:15,282 --> 00:27:16,652
I don't know.
585
00:27:16,982 --> 00:27:20,943
If your mom knew the facts were in
the open, she may come forward,
586
00:27:21,023 --> 00:27:22,724
and then we can
all avoid atrial.
587
00:27:24,395 --> 00:27:26,095
But she'll go to jail?
588
00:27:29,136 --> 00:27:30,226
I'll just say
589
00:27:30,906 --> 00:27:33,707
that she will spend a lot less
time in jail if she's honest.
590
00:27:41,850 --> 00:27:44,181
Did the phone wake you up that
night in the country house?
591
00:27:50,532 --> 00:27:51,723
It's next to my bed.
592
00:27:55,674 --> 00:27:58,645
I heard my dad in the hallway,
593
00:27:58,705 --> 00:28:00,475
arguing on the
phone with my mom.
594
00:28:02,216 --> 00:28:03,736
Did you pick up the phone?
595
00:28:09,318 --> 00:28:12,849
My mom was talking
about someone named Derek
596
00:28:13,930 --> 00:28:17,361
being at the house,
and she said...
597
00:28:18,671 --> 00:28:20,532
She said she
hit him with a bottle
598
00:28:20,602 --> 00:28:23,572
and he looked like he was dead.
599
00:28:28,914 --> 00:28:31,075
If Mr. McCoy or I asked
you about this in court,
600
00:28:31,185 --> 00:28:33,415
do you think you could
answer our questions?
601
00:28:37,857 --> 00:28:39,327
Please don't make me.
602
00:28:43,428 --> 00:28:45,799
She won't be the first 14-year-old
to be put on the stand.
603
00:28:45,869 --> 00:28:46,870
I know.
604
00:28:46,940 --> 00:28:49,170
But she's scared
and she's very vulnerable.
605
00:28:49,240 --> 00:28:51,261
She's from a broken family.
606
00:28:51,341 --> 00:28:52,741
She's been through a trauma.
607
00:28:52,811 --> 00:28:53,872
We'll prep her.
608
00:28:53,942 --> 00:28:56,682
Take all the time she
needs to get ready.
609
00:28:56,753 --> 00:28:58,983
A shaky peg to
hang your case on.
610
00:28:59,053 --> 00:29:01,524
But the only way to get Keener's
confession into evidence
611
00:29:01,594 --> 00:29:03,495
and to counter her alibi.
612
00:29:04,625 --> 00:29:07,186
Make Keener an offer.
Man one. Ten years.
613
00:29:07,696 --> 00:29:09,856
She killed Derek Miller
out of greed,
614
00:29:10,337 --> 00:29:13,858
and then she cut a deal to keep it secret.
That's murder two.
615
00:29:13,938 --> 00:29:17,429
And if her daughter wobbles on the
witness stand, that's an acquittal.
616
00:29:18,109 --> 00:29:20,670
Now make Keener an offer
before you put your case
617
00:29:20,750 --> 00:29:22,980
on the shoulders
of this little girl.
618
00:29:26,892 --> 00:29:28,622
We interviewed
your daughter, Ms. Keener.
619
00:29:28,692 --> 00:29:31,593
She'll tell the jury you confessed
to killing Derek Miller.
620
00:29:32,763 --> 00:29:33,894
Katie wouldn't say that.
621
00:29:33,964 --> 00:29:35,264
That's exactly what she'll say.
622
00:29:35,564 --> 00:29:37,165
I spoke to her for two hours.
623
00:29:37,435 --> 00:29:39,766
No, Katie knows
I love and support her.
624
00:29:39,836 --> 00:29:42,897
We're far too close for her to
say anything that would hurt me.
625
00:29:43,077 --> 00:29:44,607
She knows that I protect her.
626
00:29:45,717 --> 00:29:48,008
We want to interview her
before considering your offer.
627
00:29:48,288 --> 00:29:50,049
You have until
we leave this room.
628
00:29:50,949 --> 00:29:54,410
Ms. Keener takes the deal now or you
cross examine her daughter in court.
629
00:29:57,161 --> 00:29:59,392
We'll take man two.
Five years probation.
630
00:29:59,462 --> 00:30:00,492
Man one. Ten years.
631
00:30:00,576 --> 00:30:01,607
They're bluffing.
632
00:30:03,348 --> 00:30:05,409
Your client is going to jail.
633
00:30:05,820 --> 00:30:08,952
This is your last chance to make sure
it isn't for the rest of her life.
634
00:30:13,365 --> 00:30:15,336
Consider the offer, Sophia.
635
00:30:15,576 --> 00:30:17,868
You're my lawyer,
consider the evidence.
636
00:30:17,948 --> 00:30:20,179
They lost Robert, they're
bluffing about Katie
637
00:30:20,249 --> 00:30:21,390
and my father's going to testify
638
00:30:21,420 --> 00:30:23,292
that I was at his apartment
the night of the murder.
639
00:30:23,322 --> 00:30:24,753
I'm not taking a deal.
640
00:30:24,823 --> 00:30:26,254
Sophia... Be quiet.
641
00:30:26,324 --> 00:30:29,196
I won't be bullied into
jail by second rate lawyers
642
00:30:29,266 --> 00:30:30,627
threatening me
with the testimony
643
00:30:30,697 --> 00:30:32,728
of a confused 14-year-old girl.
644
00:30:33,268 --> 00:30:35,300
She's your daughter, Ms. Keener.
645
00:30:35,910 --> 00:30:38,402
She's your witness now.
Put her on the stand.
646
00:30:39,112 --> 00:30:40,473
That's exactly
how we'll treat her.
647
00:30:51,231 --> 00:30:53,832
A few more questions.
You're doing fine, Katie.
648
00:30:54,673 --> 00:30:56,764
You remember a time
when the phone rang
649
00:30:56,844 --> 00:30:58,766
at your country house
in the middle of the night?
650
00:31:00,617 --> 00:31:01,708
I remember.
651
00:31:02,118 --> 00:31:03,679
Tell us who called your house.
652
00:31:04,049 --> 00:31:05,050
My mother.
653
00:31:05,590 --> 00:31:06,951
Did you talk to her?
654
00:31:07,021 --> 00:31:08,192
No.
655
00:31:08,262 --> 00:31:10,424
So how did you know
that it was her?
656
00:31:11,865 --> 00:31:13,666
The phone woke me up,
657
00:31:15,607 --> 00:31:18,269
and when I answered it,
I heard her voice.
658
00:31:18,980 --> 00:31:20,471
She was already
talking to my dad.
659
00:31:21,221 --> 00:31:23,783
Did you hear what
your mother said to him?
660
00:31:24,153 --> 00:31:27,285
She said someone named Derek
was at her apartment.
661
00:31:27,766 --> 00:31:29,667
He was throwing up because
662
00:31:30,497 --> 00:31:32,599
he was on drugs or something.
663
00:31:32,669 --> 00:31:35,971
My mother was scared if they called
for help, she'd get in trouble.
664
00:31:36,041 --> 00:31:40,104
So when he tried to call 911,
665
00:31:40,214 --> 00:31:42,986
she said she hit
him with a bottle.
666
00:31:44,887 --> 00:31:46,518
Did she say if Derek was hurt?
667
00:31:49,030 --> 00:31:50,691
She said his head was bleeding.
668
00:31:51,972 --> 00:31:54,464
And she was freaking out
that he might be dead.
669
00:31:57,006 --> 00:31:58,346
Thank you, Katie.
670
00:32:02,349 --> 00:32:05,021
Hi, sweetheart. I'm Vanessa.
671
00:32:06,392 --> 00:32:07,393
Hi.
672
00:32:08,063 --> 00:32:10,125
You know I don't want
to upset you, right?
673
00:32:10,835 --> 00:32:13,427
I only want to understand
what you're telling us.
674
00:32:16,109 --> 00:32:17,600
Do you see a
psychiatrist, Katie?
675
00:32:18,150 --> 00:32:19,271
Objection. Relevance.
676
00:32:19,751 --> 00:32:21,152
Goes to credibility, Your Honor.
677
00:32:21,953 --> 00:32:23,384
Carefully, Ms. Galiano.
678
00:32:27,056 --> 00:32:28,057
Yes.
679
00:32:29,498 --> 00:32:30,799
Dr. Warren.
680
00:32:32,700 --> 00:32:36,543
Did you tell Dr. Warren that you
feel resentment toward your mother?
681
00:32:36,643 --> 00:32:40,245
Objection. It's privileged, it's
hearsay and it's irrelevant.
682
00:32:40,816 --> 00:32:43,217
Sustained. Don't
go there, Counselor.
683
00:32:45,759 --> 00:32:49,722
Your parents haven't
gotten along for many years
684
00:32:49,962 --> 00:32:51,623
before they separated, did they?
685
00:32:52,834 --> 00:32:54,605
No, not really.
686
00:32:56,246 --> 00:33:00,009
Didn't you tell your mother that it was
her fault your parents got divorced?
687
00:33:01,920 --> 00:33:04,121
Because she traveled
a lot for her job.
688
00:33:05,362 --> 00:33:07,264
And she wasn't nice
to your dad, huh?
689
00:33:08,795 --> 00:33:09,795
No.
690
00:33:10,896 --> 00:33:12,197
She cheated on him.
691
00:33:14,438 --> 00:33:16,710
You're mad at your mother
for having a relationship
692
00:33:16,780 --> 00:33:18,511
with another man
instead of your father.
693
00:33:18,711 --> 00:33:20,413
I'm not mad at my mother.
694
00:33:20,483 --> 00:33:24,015
Well, didn't you tell
your teachers at school
695
00:33:24,555 --> 00:33:27,547
that your mom couldn't attend Parents'
Night because she had cancer?
696
00:33:29,999 --> 00:33:32,031
Which was a total lie,
wasn't it, Katie?
697
00:33:33,271 --> 00:33:38,075
A horrible lie, which you
told to people in authority.
698
00:33:38,915 --> 00:33:44,049
And at school last spring, when you
were caught on the library computer,
699
00:33:44,119 --> 00:33:46,751
viewing sexually
oriented websites,
700
00:33:47,161 --> 00:33:50,653
you told the librarian
that your mother told you to,
701
00:33:51,834 --> 00:33:54,466
to teach yourself sex ed.
702
00:33:56,577 --> 00:33:57,708
I just...
703
00:33:58,218 --> 00:33:59,649
I didn't want to get in trouble.
704
00:34:00,180 --> 00:34:03,122
You just make up things,
out of thin air?
705
00:34:04,723 --> 00:34:08,596
The most hurtful things you can
think of to lash out against her?
706
00:34:08,696 --> 00:34:09,966
No. Just like the lies
707
00:34:10,097 --> 00:34:14,630
you told in this courtroom about the
things your mother said on the phone.
708
00:34:14,710 --> 00:34:16,201
I didn't lie about that.
709
00:34:16,981 --> 00:34:18,472
Well, Katie.
710
00:34:19,083 --> 00:34:22,885
After all the daggers that you
have thrown at this poor woman,
711
00:34:23,526 --> 00:34:26,618
why should anyone believe you?
712
00:34:30,170 --> 00:34:31,601
No more questions.
713
00:34:34,573 --> 00:34:36,705
It's all right, honey.
No, it's not.
714
00:34:37,545 --> 00:34:39,537
We know what you told us
was the truth, Katie.
715
00:34:39,617 --> 00:34:41,048
That's what's important.
716
00:34:41,458 --> 00:34:43,419
But her lawyer knew
all those things.
717
00:34:43,519 --> 00:34:45,321
I can't believe Mom told her.
718
00:34:45,691 --> 00:34:47,682
You should be proud
of what you did, Katie.
719
00:34:48,163 --> 00:34:49,824
Your mother's lawyer
was very hard on you.
720
00:34:57,509 --> 00:34:59,110
Are you all right, Katie?
721
00:35:15,010 --> 00:35:17,100
My mom knows
722
00:35:18,450 --> 00:35:19,910
who raped me.
723
00:35:23,920 --> 00:35:25,080
Who was it?
724
00:35:31,360 --> 00:35:32,720
My Grandpa.
725
00:35:33,960 --> 00:35:35,220
Andrew Keener?
726
00:35:44,870 --> 00:35:46,500
Any way to confirm it?
727
00:35:46,570 --> 00:35:47,840
You think she's lying, Arthur?
728
00:35:47,910 --> 00:35:49,640
No. But you've seen
what can happen
729
00:35:49,710 --> 00:35:51,840
when you put a traumatized
child on the stand
730
00:35:51,910 --> 00:35:53,110
without corroboration.
731
00:35:53,180 --> 00:35:54,810
Here's all the
corroboration you'll need.
732
00:35:54,880 --> 00:35:57,820
Andrew Keener gave his daughter
control of his company
733
00:35:57,880 --> 00:36:00,080
five days after Katie
says she was raped.
734
00:36:00,690 --> 00:36:03,420
Sophia blackmailed her father
in order to make herself
735
00:36:03,490 --> 00:36:05,120
the most powerful
woman on Wall Street.
736
00:36:05,190 --> 00:36:06,390
Even so,
737
00:36:06,460 --> 00:36:08,120
how does this help
you get a conviction?
738
00:36:08,190 --> 00:36:11,990
Katie's credibility's taken a beating.
The case turns on the alibi.
739
00:36:12,070 --> 00:36:16,060
It's another Keener megadeal, a murder
alibi for a granddaughter's rape.
740
00:36:17,000 --> 00:36:18,840
Where was Katie's
father in all this?
741
00:36:18,910 --> 00:36:21,430
Sophia told him that Katie might
have been sexually abused,
742
00:36:21,510 --> 00:36:23,030
but it couldn't be
confirmed medically.
743
00:36:23,310 --> 00:36:26,870
And that's what the story's going
to be unless you can discredit it.
744
00:36:31,620 --> 00:36:34,280
I've been the Keeners' family
physician for almost 40 years now.
745
00:36:34,350 --> 00:36:36,980
And I can't say that I approve
of what you're doing to Sophia.
746
00:36:37,220 --> 00:36:38,320
This is about Katie.
747
00:36:38,390 --> 00:36:39,450
What about her?
748
00:36:39,560 --> 00:36:41,120
Her father says you treated her
749
00:36:41,190 --> 00:36:43,090
for vaginal pain
three years ago.
750
00:36:45,300 --> 00:36:47,820
Is it really necessary
to dredge all of this up now?
751
00:36:48,940 --> 00:36:52,030
We can dredge here in your
office or in Part 63 tomorrow.
752
00:36:55,080 --> 00:36:57,670
I determined that there were
indicia of sexual abuse.
753
00:36:57,740 --> 00:36:59,210
And that's what I told Sophia.
754
00:36:59,350 --> 00:37:01,030
I'm sure there was
a lot more than indicia.
755
00:37:01,110 --> 00:37:03,280
This child was
raped by an adult.
756
00:37:04,350 --> 00:37:05,350
According to whom?
757
00:37:05,690 --> 00:37:06,690
Katie.
758
00:37:08,320 --> 00:37:10,790
Are you challenging my
examination, young lady?
759
00:37:10,920 --> 00:37:12,950
I'm challenging
your ethics, Doctor.
760
00:37:13,030 --> 00:37:15,360
The law required you to
report this to the police.
761
00:37:15,430 --> 00:37:16,660
The mother didn't want that.
762
00:37:16,730 --> 00:37:18,820
You know that doesn't make
a damn bit of difference.
763
00:37:18,900 --> 00:37:20,980
Why are you protecting a man
who raped a 12 year old?
764
00:37:21,030 --> 00:37:22,500
Lam doing no such thing.
765
00:37:23,570 --> 00:37:26,010
Did Sophia Keener pay you
to keep your mouth shut?
766
00:37:27,610 --> 00:37:30,340
Would you please leave
my office, Miss Borgia?
767
00:37:30,410 --> 00:37:32,880
It will be a pleasure
to do so, Doctor.
768
00:37:33,610 --> 00:37:36,550
Just as soon as the detective
squad confiscates your records.
769
00:37:36,620 --> 00:37:39,550
Then we are going through every
scrap of paper in those files.
770
00:37:45,460 --> 00:37:48,290
And what did you and Sophia
do after dinner, Mr. Keener?
771
00:37:48,360 --> 00:37:51,490
We left our clients at Le Bernardin
and returned to my apartment
772
00:37:51,560 --> 00:37:53,860
to continue discussing the IPO.
773
00:37:54,170 --> 00:37:55,570
And how long did you do that?
774
00:37:55,700 --> 00:37:57,470
Until just before
2:00 in the morning.
775
00:37:58,470 --> 00:38:00,700
And did Sophia leave
your apartment then?
776
00:38:01,240 --> 00:38:04,400
No. It was late. I had sent
my driver home for the night,
777
00:38:04,480 --> 00:38:07,110
and Sophia decided
to sleep in the guest room.
778
00:38:07,610 --> 00:38:10,110
And was she there the next morning?
Yes.
779
00:38:10,880 --> 00:38:12,010
Thank you, sir.
780
00:38:15,020 --> 00:38:19,480
How would you characterize your relationship
with your daughter, Mr. Keener?
781
00:38:22,660 --> 00:38:24,320
I don't understand the question.
782
00:38:24,930 --> 00:38:26,330
You work together.
783
00:38:27,200 --> 00:38:31,230
Were you colleagues?
Are you friends? Just family?
784
00:38:32,440 --> 00:38:34,030
All those things, I suppose.
785
00:38:35,280 --> 00:38:38,270
Would it be accurate to say
that you and your daughter
786
00:38:38,340 --> 00:38:40,870
have a difficult
professional relationship?
787
00:38:41,250 --> 00:38:43,650
No. I admire her talent.
788
00:38:44,150 --> 00:38:46,880
That's why you promoted
her to run Morgan Keener?
789
00:38:46,950 --> 00:38:47,950
Yes.
790
00:38:48,020 --> 00:38:49,180
And when did you do that?
791
00:38:50,390 --> 00:38:51,620
About three years ago.
792
00:38:52,560 --> 00:38:57,220
Shortly after your granddaughter,
Katie, spent time alone with you
793
00:38:58,230 --> 00:39:00,560
in your townhouse
on East 68th Street?
794
00:39:03,770 --> 00:39:05,600
I don't recall the timing.
795
00:39:05,670 --> 00:39:09,340
And also shortly
after Katie was treated
796
00:39:09,410 --> 00:39:12,780
by Dr. Sheldon Saperstein
for vaginal pain?
797
00:39:17,650 --> 00:39:19,180
I haven't the slightest idea.
798
00:39:21,620 --> 00:39:24,780
Isn't it true that you raped your
12-year-old granddaughter, Mr. Keener...
799
00:39:24,860 --> 00:39:27,020
Objection... And that the alibi
800
00:39:27,090 --> 00:39:28,690
you're providing today...
Objection.
801
00:39:28,760 --> 00:39:31,860
Was paid for with your
daughter's silence three years ago?
802
00:39:31,930 --> 00:39:33,540
- Order, Mr. McCoy.
- Sidebar, Your Honor.
803
00:39:33,570 --> 00:39:35,500
Or was it paid for in 1982?
804
00:39:35,570 --> 00:39:36,570
- Mr. McCoy.
- Objection.
805
00:39:36,670 --> 00:39:38,100
Mr. McCoy! Your Honor.
806
00:39:38,170 --> 00:39:39,170
Chambers.
807
00:39:43,480 --> 00:39:47,880
Those inflammatory accusations are
irrelevant to Mr. Keener's testimony,
808
00:39:47,980 --> 00:39:50,420
and he is poisoned to the jury.
809
00:39:50,480 --> 00:39:52,210
This is grounds for a mistrial.
810
00:39:52,290 --> 00:39:55,080
Not only are they true, they go
directly to his credibility.
811
00:39:55,360 --> 00:39:56,880
What's the evidence, McCoy?
812
00:39:56,960 --> 00:40:00,190
We were looking for corroboration
of Katie's rape three years ago.
813
00:40:00,930 --> 00:40:03,520
What we found were
medical records from 1982.
814
00:40:03,730 --> 00:40:05,760
Well, Katie wasn't even
alive in '82.
815
00:40:06,230 --> 00:40:08,330
Why don't you ask your
client to fill you in?
816
00:40:11,970 --> 00:40:16,270
In 1982, Sophia Keener,
also age 12,
817
00:40:16,340 --> 00:40:20,250
was brought to Dr. Saperstein office,
where she said she was raped.
818
00:40:22,280 --> 00:40:27,520
Last night, we tested the DNA from the
vaginal swab taken by the good doctor.
819
00:40:29,590 --> 00:40:31,820
It belonged to Sophia
Keener's father.
820
00:40:33,030 --> 00:40:35,890
And just like his sexual
assault on his granddaughter,
821
00:40:36,400 --> 00:40:38,330
it was never reported
to the police.
822
00:40:41,300 --> 00:40:43,330
I'm allowing every bit
of this depravity
823
00:40:43,400 --> 00:40:47,030
into evidence to impeach the
alibi proffered by Mr. Keener.
824
00:40:49,040 --> 00:40:50,640
Back in session in five minutes.
825
00:40:55,350 --> 00:40:56,760
We'll take the deal
you offered, Jack.
826
00:40:56,780 --> 00:40:57,980
Man one. Ten years.
827
00:40:58,080 --> 00:41:00,020
Not a chance. Come on, Jack.
Please.
828
00:41:00,590 --> 00:41:04,990
What if I agreed to testify against
my father for what he did to Katie?
829
00:41:05,060 --> 00:41:06,530
I'm indicting
your father for that,
830
00:41:06,590 --> 00:41:08,290
but I won't bargain
for your testimony.
831
00:41:08,360 --> 00:41:09,830
Then I'll deny it.
832
00:41:09,900 --> 00:41:12,020
People lie. DNA doesn't.
833
00:41:14,130 --> 00:41:16,190
I'm sure there's something
we can work out here.
834
00:41:16,540 --> 00:41:19,670
Maybe if you hadn't used your
daughter's rape to advance your career.
835
00:41:20,710 --> 00:41:24,840
I deserved everything I got for what
I had to live with all these years.
836
00:41:25,210 --> 00:41:26,370
What about Katie?
837
00:41:28,550 --> 00:41:30,240
I got past it. So will she.
838
00:41:32,650 --> 00:41:34,590
What should I have
done, Miss Borgia,
839
00:41:34,650 --> 00:41:37,350
crawled off and wept
like some victim?
840
00:41:43,830 --> 00:41:45,360
Has the jury reached a verdict?
841
00:41:46,300 --> 00:41:47,390
We have, Your Honor.
842
00:41:47,570 --> 00:41:48,730
How do you find?
843
00:41:48,940 --> 00:41:51,730
On the charge of murder
in the second degree,
844
00:41:51,800 --> 00:41:55,710
we find the defendant,
Sophia Keener, guilty.
845
00:42:11,190 --> 00:42:12,890
Andrew Keener's
attorney just called.
846
00:42:12,960 --> 00:42:15,120
He's been trying to
get in touch with you.
847
00:42:15,430 --> 00:42:16,620
I got his messages.
848
00:42:17,760 --> 00:42:20,430
Keener wants to avoid
the humiliation of a trial.
849
00:42:21,000 --> 00:42:22,700
What's he offering,
a seat on his board?
850
00:42:24,000 --> 00:42:26,670
He wants to spare his
granddaughter from testifying.
851
00:42:27,940 --> 00:42:29,770
I hope you told him
what to do with that.
852
00:42:30,510 --> 00:42:31,530
I did.
853
00:42:32,650 --> 00:42:35,010
Good. No more deals.
67562
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