1. the people are represented
Copy !req
2. by two separate
yet equally important groups:
Copy !req
3. the police,
who investigate crime
Copy !req
4. and the district attorneys,
who prosecute the offenders.
Copy !req
5. These are their stories.
Copy !req
6. We don't serve
quiche, young miss.
Copy !req
7. I hate quiche.
Copy !req
8. Do you have any coffee?
Copy !req
9. Yes. I'll even
charge you $3.75
Copy !req
10. if it will make
you feel more at home.
Copy !req
11. I appreciate that, but no
special treatment required—
Copy !req
12. or foam.
Copy !req
13. Just lots of sugar.
Copy !req
14. Black's fine.
Copy !req
15. What language is that?
Copy !req
16. Advanced chemistry
Copy !req
17. but it might as well
be Greek.
Copy !req
18. Yeah, my boy took that.
Copy !req
19. Now he's washing dishes.
Copy !req
20. I'm already here.
Copy !req
21. The question is,
where are you?
Copy !req
22. Okay.
Copy !req
23. Stood you up, huh?
Copy !req
24. How much?
Copy !req
25. Oh, coffee's free.
Copy !req
26. Conversation's a buck.
Copy !req
27. Thanks.
Copy !req
28. Anybody need a refill?
Copy !req
29. Yes, please.
Copy !req
30. See here, how this
starts out dark
and gets lighter?
Copy !req
31. That's made by a tire
spinning under acceleration.
Copy !req
32. So you're saying some dude
was just waiting for her
to hit his crosshairs?
Copy !req
33. Ready, aim... fire.
Copy !req
34. Detectives, we've got
a witness over there.
Copy !req
35. Cabbie stopped at a red light.
He saw the whole thing.
Copy !req
36. Girl came out of that diner
over there.
Copy !req
37. You want to take
the diner?
Copy !req
38. Yeah, I could use
a cup of coffee.
Copy !req
39. So?
Copy !req
40. She seemed like
nice kid.
Copy !req
41. You knew her?
Copy !req
42. No. She left two bucks
for a dollar cup of coffee
Copy !req
43. which she didn't even touch.
Copy !req
44. Doesn't say much
for your coffee.
Copy !req
45. Well, she was supposed
to meet somebody.
Copy !req
46. You get an idea who?
Copy !req
47. No, but I heard her
on her cell phone.
Copy !req
48. I couldn't catch a name.
Copy !req
49. Okay, thanks.
Copy !req
50. My guess, back's broken,
skull's crushed.
Copy !req
51. She was definitely DOA.
Copy !req
52. She doesn't look
more than 18.
Copy !req
53. Emily Milius.
17 next month.
Copy !req
54. This might have
been her cell.
Copy !req
55. I guess Star 69's
out of the question.
Copy !req
56. You can still
order LUDs.
Copy !req
57. Gee, we should have gone
to medical school.
Copy !req
58. Anyway, our guy was driving
a Saturn, green, maybe blue.
Copy !req
59. Emily went
to Rockingham Day School—
Copy !req
60. it's a private girls school
down on Park Avenue.
Copy !req
61. What the hell was she doing
all the way up here?
Copy !req
62. You mean other than
being a crash dummy?
Copy !req
63. Captioning sponsored by
UNIVERSAL NETWORK TELEVISION
Copy !req
64. (gasps):
No.
Copy !req
65. Mrs. Milius...
Copy !req
66. Can I get you
some water?
Copy !req
67. Maybe if you sat down
over here, huh?
Copy !req
68. Why did this happen?
Copy !req
69. How did this happen?
Copy !req
70. Oh, my husband is
going to die.
Copy !req
71. Can you think
of any reason
why your daughter
Copy !req
72. was up in Washington Heights
last night?
Copy !req
73. Washington Heights?
Copy !req
74. No, no, no,
she was with Blair.
Copy !req
75. She called from there.
Gramercy Park.
Copy !req
76. Was it a drunk?
Copy !req
77. We're not sure yet.
Copy !req
78. Oh, this is not good.
Copy !req
79. This is not good at all.
Copy !req
80. When Ronald comes
home tonight...
Copy !req
81. Oh, God, what a mess.
Copy !req
82. Mrs. Milius, we're going
to get somebody
Copy !req
83. to take you home, okay?
Copy !req
84. I wonder, should
we close the school?
Copy !req
85. That would be
up to you.
Copy !req
86. The city does provide
grief counselors.
Copy !req
87. Yes, well, naturally we'll
take care of that ourselves.
Copy !req
88. How can I help?
Copy !req
89. We were wondering
Copy !req
90. if Emily had a
friend named Blair?
Copy !req
91. Blair Silverman.
Yes, they were very close.
Copy !req
92. Why do you ask?
Copy !req
93. I thought this was
a hit-and-run.
Copy !req
94. Well, we have to cover
all the bases.
Copy !req
95. Surely you don't think
this was done on purpose?
Copy !req
96. We don't know yet.
Copy !req
97. Well, I do.
Copy !req
98. Rockingham is one of the finest
schools in the city
Copy !req
99. and Emily wasn't just popular,
she was gifted, generous...
Copy !req
100. No offense, ma'am
Copy !req
101. but I don't think she was
uptown handing out turkeys.
Copy !req
102. I know what you're insinuating.
Copy !req
103. Emily was the captain
of our lacrosse team.
Copy !req
104. Her biggest problem was deciding
between Yale and Harvard.
Copy !req
105. There's no way
she was on drugs.
Copy !req
106. Well,
of course not.
Copy !req
107. Her friend,
Blair Silverman—
Copy !req
108. we were wondering if we
could talk to her.
Copy !req
109. Of course.
Copy !req
110. Emily's mom said you two
were pretty tight.
Copy !req
111. Like sisters.
Copy !req
112. Caroline—
I mean Mrs. Milius—
Copy !req
113. was my second mom.
Copy !req
114. So you and Emily were
out together last night?
Copy !req
115. I've been grounded
Copy !req
116. for the past six weeks
Copy !req
117. for staying out all night
at a rave.
Copy !req
118. Mom number one
didn't like it.
Copy !req
119. Ecstasy, huh?
Copy !req
120. What's going on?
Copy !req
121. You two narcs?
Copy !req
122. We're just wondering why
Emily would tell her mom
Copy !req
123. she was with you
in Gramercy Park
Copy !req
124. when she was up
on 187th Street.
Copy !req
125. Look, we did "E" maybe twice.
Copy !req
126. It's not like we're druggies
or anything.
Copy !req
127. It's actually perfectly
age-appropriate.
Copy !req
128. Ask any shrink.
Copy !req
129. Anyway, if Emily
wanted to score
Copy !req
130. there were other ways.
Copy !req
131. For instance?
Copy !req
132. Maddi Donlu.
Copy !req
133. You know, one
of our tokens.
Copy !req
134. Poor people.
Copy !req
135. She lives uptown someplace.
Copy !req
136. I really liked Emily,
respected her.
Copy !req
137. We were friends.
Copy !req
138. I mean, it's just that
Copy !req
139. she wasn't doing so well
in advanced chemistry.
Copy !req
140. She asked me
to help.
Copy !req
141. It's a long way to go
for some lab notes.
Copy !req
142. I'm not buying it.
Copy !req
143. If you don't want
your dad to know
Copy !req
144. that you're
about to fail,
you would.
Copy !req
145. Her father's some
kind of bigwig
Copy !req
146. at a pharmaceutical
company.
Copy !req
147. She was supposed
to walk in his shoes.
Copy !req
148. What about boyfriends?
Copy !req
149. She seeing anybody?
Copy !req
150. Todd Block.
Copy !req
151. He's at Stanford.
Copy !req
152. Stanford?
Copy !req
153. That must have made
her dad smile.
Copy !req
154. She wished.
Copy !req
155. Mr. Milius wouldn't even
let Emily see Todd
Copy !req
156. over Thanksgiving.
Copy !req
157. I really... I have to go.
Copy !req
158. Okay, thank you.
Copy !req
159. Emily was smart,
rich, pretty.
Copy !req
160. Getting dumped by
a girl like that
Copy !req
161. would sure piss me off.
Copy !req
162. Well, let's go
see the mom.
Copy !req
163. See if she's in a more
talkative mood.
Copy !req
164. In other words,
you have nothing.
Copy !req
165. It's a drunk driver, Ronald.
Copy !req
166. It's not like they're
going to find fingerprints.
Copy !req
167. Your wife has
a point, sir.
Copy !req
168. Do we actually know
Copy !req
169. it was a drunk driver?
Copy !req
170. Hit-and-run.
What's the difference?
Copy !req
171. There's a difference!
Copy !req
172. I'm sorry.
Copy !req
173. This whole thing—
you can't imagine.
Copy !req
174. Actually, I can.
Copy !req
175. You don't know who
to be mad at, do you?
Copy !req
176. If you don't mind,
we'd like to ask you
Copy !req
177. some questions about
Emily's boyfriend.
Copy !req
178. She doesn't have one.
Copy !req
179. What does that have
to do with anything?
Copy !req
180. You don't think this
was an accident.
Copy !req
181. There is some evidence
that it might not be.
Copy !req
182. Oh, my God.
Copy !req
183. Somebody named Todd.
Copy !req
184. No. There's no way
Todd would hurt her.
Copy !req
185. Mr. Milius, we heard that
you didn't care for him.
Copy !req
186. She was only 17.
Copy !req
187. What was he doing with her?
Copy !req
188. I ain't saying
he killed her
Copy !req
189. but there was something
off about that guy.
Copy !req
190. Off how?
Copy !req
191. It was like he wanted
it to be a drunk driver.
Copy !req
192. You check
the boyfriend out?
Copy !req
193. He hasn't been
on a plane
Copy !req
194. since the semester started.
Copy !req
195. I think you're
way off base.
Copy !req
196. Briscoe.
Copy !req
197. Sure. Where?
Copy !req
198. Half an hour.
Copy !req
199. Hey, maybe not
that far off base.
Copy !req
200. Ronald Milius wants
to talk with us privately.
Copy !req
201. It's just that Caroline
would never understand.
Copy !req
202. I'm not sure
we do either.
Copy !req
203. I'm the CFO of a Fortune 500
corporation.
Copy !req
204. I personally audited the books
of my company—
Copy !req
205. Frasier & Frasier
Pharmaceuticals.
Copy !req
206. Which is just
two baby steps
away from bankruptcy.
Copy !req
207. Because of you?
Copy !req
208. No. The CEO and the rest
of his foursome—
Copy !req
209. they're being investigated
for illegally pocketing
Copy !req
210. hundreds of millions
of dollars.
Copy !req
211. And you have evidence
incriminating them?
Copy !req
212. The Feds promised me
if I cooperated
Copy !req
213. my name would be
kept out of it.
Copy !req
214. You think they
killed Emily
to shut you up?
Copy !req
215. You're the ones that said
it wasn't an accident.
Copy !req
216. Who else would
want to hurt her?
Copy !req
217. I shouldn't even be
talking to you.
Copy !req
218. Mr. Milius,
we're not done.
Copy !req
219. Think if they wanted
to keep him quiet
Copy !req
220. he'd be the one facing
the front end of a Saturn.
Copy !req
221. It's too obvious.
Copy !req
222. He still has his wife
to worry about.
Copy !req
223. Yeah.
Copy !req
224. Okay, good.
Copy !req
225. Do me a favor, send that
over to forensics.
Copy !req
226. All right, thanks.
Copy !req
227. Parking violations.
Copy !req
228. They just found
an abandoned green Saturn.
Copy !req
229. Let me guess, there's
a dent in the front end.
Copy !req
230. Tell me something good,
Borak.
Copy !req
231. My kid got a B-plus
in Spanish.
Copy !req
232. Oh, you mean
about the car.
Copy !req
233. That's an "A."
Copy !req
234. Fibers from the grill
Copy !req
235. match fibers from
your girl's sweater.
Copy !req
236. Prints?
Copy !req
237. More than you can
shake a stick at.
Copy !req
238. Hey, life is good.
Copy !req
239. Life is great.
Copy !req
240. The car is registered
to a Diane Payton—
Copy !req
241. 237 East 13th Street.
Copy !req
242. Emily Milius?
No, I don't
think I know her.
Copy !req
243. And you weren't up
Copy !req
244. in Washington Heights
last night?
Copy !req
245. I work in a greeting
card store in the Village.
Copy !req
246. That'd be over an hour on
the subway during rush hour.
Copy !req
247. Not if you had a car.
Copy !req
248. Two hours then.
Copy !req
249. Your car's a green Saturn,
isn't it, Mrs. Payton.
Copy !req
250. Oh, my God!
There's been
an accident?
Copy !req
251. Please don't tell me
Danny was hurt.
Copy !req
252. Danny?
Copy !req
253. My son. He's had
the car the last
couple of days.
Copy !req
254. Oh, my God,
he's hurt!
Copy !req
255. No, no.
Copy !req
256. We think he may have
witnessed a hit-and-run.
Copy !req
257. If you could give us
his address
Copy !req
258. we'd like to talk to him.
Copy !req
259. Oh.
Copy !req
260. Mr. Payton.
Copy !req
261. Danny Payton, police.
Copy !req
262. Do it.
Copy !req
263. If you don't mind.
Copy !req
264. Who is this guy,
Frosty the Snowman?
Copy !req
265. Ed.
Copy !req
266. He's frosty all right.
Copy !req
267. All the windows
Copy !req
268. in this guy's apartment
were wide open.
Copy !req
269. So he liked fresh air.
Copy !req
270. That or we're
dealing with someone
Copy !req
271. with experience in
the forensic arts.
Copy !req
272. The ME couldn't
use body temp
Copy !req
273. to approximate
the time of death.
Copy !req
274. Murder weapon?
Copy !req
275. We found a carving knife
in the dish rack.
Copy !req
276. Well, at least our
bad guy's tidy.
Copy !req
277. Danny Payton's prints
were all over that car.
Copy !req
278. You're thinking Danny was hired
to hit Emily Milius?
Copy !req
279. And whoever hired him
decided he was no longer
Copy !req
280. useful to Frasier &
Frasier Pharmaceuticals.
Copy !req
281. Is there proof of any of this?
Copy !req
282. Danny doesn't have a record.
Copy !req
283. Yeah, we'd check his LUDs but
he didn't have a phone either.
Copy !req
284. He certainly doesn't sound
like someone I'd hire for a hit.
Copy !req
285. Talk to people
who knew him.
Copy !req
286. His super said
he never got any visitors.
Copy !req
287. Well, maybe his mother kept tabs
on his social schedule.
Copy !req
288. After the morgue, I didn't know
what to do, so I went to work.
Copy !req
289. Mr. Lawson sent me home.
Copy !req
290. Who would...?
Copy !req
291. We thought if you could tell us
Copy !req
292. the names
of some of his friends.
Copy !req
293. I don't know. Um...
Copy !req
294. I mean, Danny...
Copy !req
295. He was kind of a loner.
Copy !req
296. This is my fault.
Copy !req
297. I didn't like to pry.
Copy !req
298. We had breakfast...
Copy !req
299. yesterday before work.
Copy !req
300. Since Danny's dad left us...
Copy !req
301. When was that?
Copy !req
302. Um, when
Danny was 12.
Copy !req
303. Every week we... we've had
at least one meal together.
Copy !req
304. If he was in trouble,
I should have known.
Copy !req
305. He should have been able
to talk to me.
Copy !req
306. I don't think
it would have mattered.
Copy !req
307. I don't make much money,
but if he owed someone...
Copy !req
308. What makes you think
that he was in debt?
Copy !req
309. 21 years old and still
making minimum wage.
Copy !req
310. As far as I know,
there's no law that says
Copy !req
311. I have to employ
crack addicts.
Copy !req
312. You're sure he
was on the stuff?
Copy !req
313. Man, crack, uppers, downers,
what do I know?
Copy !req
314. You know, he should have been
smarter than to do that stuff
Copy !req
315. and come to my place
of business here.
Copy !req
316. Hey, Cazzie, give me that.
Copy !req
317. I tell you something—
I thought the guy
Copy !req
318. was going to work out, too.
Copy !req
319. He was kind of nice, polite,
worked his butt off.
Copy !req
320. Then one day, he's, like,
whacked out of his skull.
Copy !req
321. He scared two
of my customers out of here
Copy !req
322. before they even
got out of the car.
Copy !req
323. When he was sober,
he ever mention
any friends?
Copy !req
324. No, we never
got that close.
Copy !req
325. Cazzie— excuse me—
Cazzie, what is this?
Copy !req
326. You've got a habit to
feed, but you're busted.
Copy !req
327. All you have to
do is run down
Copy !req
328. this anonymous girl and
you're back on cloud nine.
Copy !req
329. Maybe the ME's
got something by now.
Copy !req
330. Seven stab wounds, most
likely made by this.
Copy !req
331. No defensive wounds,
nothing under his nails.
Copy !req
332. Hey, nobody just
lies there and takes it.
Copy !req
333. Somebody sleeping would.
Copy !req
334. Or somebody stoned
out of his mind.
Copy !req
335. No, not this guy.
Copy !req
336. Tox screen was negative.
Copy !req
337. I don't know. This many
stab wounds usually means
Copy !req
338. a crime of passion.
Copy !req
339. Or somebody wanted it
to look that way.
Copy !req
340. I don't think so.
Copy !req
341. These two are superficial—
Copy !req
342. what we call
hesitation wounds.
Copy !req
343. Not only was your
bad guy not a pro
Copy !req
344. he wasn't sure he wanted to do
what he was about to do.
Copy !req
345. Well, he eventually
made up his mind.
Copy !req
346. Is this his?
Copy !req
347. Yes, it's on its
way up to forensics.
Copy !req
348. Well, this is
a self-winding watch
Copy !req
349. and it stopped
at 5:00 p.m. yesterday.
Copy !req
350. Yeah, I doubt
if he was swinging his arm
Copy !req
351. up and down, being he was dead.
Copy !req
352. That's right, but these watches
Copy !req
353. run 18 hours, more or less,
without movement, meaning
Copy !req
354. that the time of death
Copy !req
355. would have been 11:00
the night before.
Copy !req
356. Makes it pretty tough for him
Copy !req
357. to be eating scrambled eggs
with Mom yesterday.
Copy !req
358. We're following up
on a few leads.
Copy !req
359. Who?
Copy !req
360. I'm sorry, I can't disclose
that information right now.
Copy !req
361. I'm sure you understand.
Copy !req
362. You know what
I understand?
Copy !req
363. I understand grief.
Copy !req
364. You have to tell me.
Copy !req
365. Was this because of
Ronald's company?
Copy !req
366. Yes, I know all about it.
Copy !req
367. He told me.
Copy !req
368. We're just not sure
yet, Mrs. Milius.
Copy !req
369. What's going on?
Copy !req
370. Who is she?
Copy !req
371. She killed my
baby, didn't she?
Copy !req
372. I thought you said Danny
was just a witness.
Copy !req
373. Things may have changed.
Copy !req
374. He didn't even
know that girl.
Copy !req
375. Why would he kill her?
Copy !req
376. Why do people kill?
Copy !req
377. Love, money, both.
Copy !req
378. I would have given him money.
Copy !req
379. No offense,
but I think
Copy !req
380. he was looking
for a lot more
Copy !req
381. than you had
lying around.
Copy !req
382. What we think
happened, Mrs. Payton
Copy !req
383. is that Danny was hired
to kill Emily Milius
Copy !req
384. and whoever hired him
wanted to make sure
Copy !req
385. that he didn't tell
anybody about the deal.
Copy !req
386. That's crazy.
Copy !req
387. You don't know Danny.
Copy !req
388. But you did.
Copy !req
389. Better than anyone.
Copy !req
390. That's right,
he told you everything
Copy !req
391. at your weekly breakfasts.
Copy !req
392. That's right.
Copy !req
393. Only we happen to know, you
didn't have breakfast with Danny
Copy !req
394. the morning after Emily
was murdered.
Copy !req
395. Mrs. Payton,
if you lie to us
Copy !req
396. we can't help you.
Copy !req
397. Maybe I got my day wrong.
Copy !req
398. And maybe I'll run for pope.
Copy !req
399. You think I killed him?
Copy !req
400. Five to ten
Copy !req
401. you know what did happen.
Copy !req
402. You had a key
to his apartment.
Copy !req
403. I was his mother.
Copy !req
404. And maybe that
Copy !req
405. explains your prints
on the towel rack
Copy !req
406. right near
the murder weapon.
Copy !req
407. What's going on here?
Copy !req
408. We're just having
a little tete-a-tete
Copy !req
409. with Mrs. Payton here.
Copy !req
410. Is she accused
of something?
Copy !req
411. Not yet.
Copy !req
412. We don't treat people
like this.
Copy !req
413. I'm sorry, Mrs. Payton.
Copy !req
414. Can I get you
a cup of coffee?
Copy !req
415. Detective Green,
would you please
Copy !req
416. escort Mrs. Payton
to Interview Room One?
Copy !req
417. You'll be a lot more
comfortable there.
Copy !req
418. Are you hungry,
Mrs. Payton?
Copy !req
419. There's a deli
around the corner.
Copy !req
420. I can get you
a hot pastrami.
Copy !req
421. That's enough.
Copy !req
422. I really have no idea
what he's talking about.
Copy !req
423. Of course.
Copy !req
424. She ask for a lawyer?
Copy !req
425. Why would an innocent
woman need one?
Copy !req
426. Give me 30 minutes.
Copy !req
427. Again, I apologize
for my detectives.
Copy !req
428. They're just
doing their job.
Copy !req
429. Well, their job
description
Copy !req
430. doesn't include
rude behavior.
Copy !req
431. I know how difficult
Copy !req
432. this must be,
Mrs. Payton—
Copy !req
433. I have kids.
Copy !req
434. How you get up
Copy !req
435. in the morning
Copy !req
436. after losing a child,
I just don't know.
Copy !req
437. And the way it happened.
Copy !req
438. When my Ric
Copy !req
439. was six years old
Copy !req
440. they thought he might
have scoliosis.
Copy !req
441. That would mean
spinal surgery
Copy !req
442. a year in a full-body cast
Copy !req
443. sitting in waiting rooms
waiting for test results.
Copy !req
444. I thought, "How am I going
to get through this?"
Copy !req
445. Is he okay?
Copy !req
446. Knock on wood.
Copy !req
447. How old is he?
Copy !req
448. Thirteen.
Copy !req
449. Oh, that's nice.
Copy !req
450. Boys at 13.
Copy !req
451. I remember.
Copy !req
452. I swear, our mothers
had it easier.
Copy !req
453. What with drugs today and
violence in the schools.
Copy !req
454. No one ever said it was
supposed to be easy.
Copy !req
455. No time off, no vacations.
Copy !req
456. There's just got to be a point
when it's their life
Copy !req
457. and there's no place
for the mother...
Copy !req
458. No.
Copy !req
459. They'realwaysyour life.
Copy !req
460. You're right.
Copy !req
461. You're only as happy
as your unhappiest kid.
Copy !req
462. What can I say?
Copy !req
463. You have great
expectations.
Copy !req
464. You start out
with that.
Copy !req
465. Slowly it turns
into disappointment
Copy !req
466. and it's topped off with
an unbearable dose of guilt.
Copy !req
467. But what if...?
Copy !req
468. I can't.
Copy !req
469. A mother shouldn't...
Copy !req
470. What?
Copy !req
471. A mother shouldn't
kill her baby.
Copy !req
472. I gave Danny life.
Copy !req
473. And I took it away.
Copy !req
474. Docket number 61459.
Copy !req
475. People v. Diane Payton.
Copy !req
476. Murder in the second degree.
Copy !req
477. Do I see defendant's counsel?
Copy !req
478. No excuse for tardiness.
Copy !req
479. I apologize to the court,
Your Honor.
Copy !req
480. Hartley. Kay Hartley
for the defense, Your Honor.
Copy !req
481. I'm sorry, Your Honor.
Copy !req
482. Casual day at Wittman, Worth.
Copy !req
483. I wasn't expecting
a court appearance.
Copy !req
484. And your client pleads how,
Ms. Hartley?
Copy !req
485. Not guilty.
Copy !req
486. Question of bail?
Copy !req
487. Remand, Your Honor.
Copy !req
488. The defendant brutally murdered
her own son.
Copy !req
489. Allegedly.
As I was saying...
Copy !req
490. she confessed to murdering
her own child.
Copy !req
491. And for that she gets remanded
without bail. Next.
Copy !req
492. Long time, Serena.
Copy !req
493. You don't remember?
Copy !req
494. You sat three seats
Copy !req
495. ahead of me in contracts.
Copy !req
496. Of course, you were probably
busy paying attention.
Copy !req
497. Wittman, Worth?
Copy !req
498. You must have been paying
attention to something.
Copy !req
499. What can I say?
Copy !req
500. They make us do
this pro bono stuff.
Copy !req
501. Choices we make, huh?
Copy !req
502. I don't know...
Copy !req
503. anti-trust litigation never got
my socks rolling up and down.
Copy !req
504. So youdoremember?
Copy !req
505. I read the alumni rag.
Copy !req
506. So, can I buy you
a cup of coffee?
Copy !req
507. I can pay for my own,
thank you.
Copy !req
508. Look up "snob" in yourWebster
and you'll see her picture.
Copy !req
509. Kay Hartley had one
foot on Wall Street
Copy !req
510. from the first day of school.
Copy !req
511. What's she doing here?
Copy !req
512. It's Wittman, Worth
pretending they
have a heart
Copy !req
513. justifying their fees
in case there's a hell.
Copy !req
514. Maybe that's a good thing
Copy !req
515. considering we don't have
anything even resembling
a motive.
Copy !req
516. We don't need a motive;
we have a confession.
Copy !req
517. Believe me,
this will be a quickie.
Copy !req
518. I thought this was going to be
me and you, Serena.
Copy !req
519. Jack McCoy, Kay Hartley.
Copy !req
520. Mr. McCoy is the Executive
Assistant District Attorney.
Copy !req
521. Sorry to disappoint,
Ms. Hartley.
Copy !req
522. No, no, that's fine.
Copy !req
523. So, how does this work?
Copy !req
524. Considering we have
a signed confession
Copy !req
525. it appears you don't have
any leverage.
Copy !req
526. I can offer Murder Two
Copy !req
527. with a sentence
recommendation.
Copy !req
528. In the corporate world
you know you have a good deal
Copy !req
529. when both sides
walk away unhappy.
Copy !req
530. Sure, I'm new
to this criminal stuff
Copy !req
531. but I think you're both smiling
just a bit too much.
Copy !req
532. Be that as it may,
I can't go any lower.
Copy !req
533. Well, maybe you'll reconsider
when the confession is tossed.
Copy !req
534. Excuse me?
Copy !req
535. Mrs. Payton doesn't remember
anyone reading her her rights.
Copy !req
536. She wasn't being interrogated.
Copy !req
537. "Be that as it may"
Copy !req
538. one of our first-year associates
Copy !req
539. is drafting a motion
as we speak.
Copy !req
540. So much for quick.
Copy !req
541. TheMirandaCourt emphasized
Copy !req
542. that in order for a confession
to be admissible
Copy !req
543. against a defendant,
it must be voluntary.
Copy !req
544. I think you can skip the primer
Copy !req
545. on coerced confessions,
counselor.
Copy !req
546. Of course, Your Honor.
Copy !req
547. But when a lieutenant grills
a suspect for nearly an hour...
Copy !req
548. Lieutenant Van Buren
drank coffee with the defendant
Copy !req
549. and they discussed
their children.
Copy !req
550. I'm sure she wasn't there
for the cuisine, Mr. McCoy.
Copy !req
551. There was a discrepancy
in a timeline
Copy !req
552. that she had given the police
Copy !req
553. concerning a hit-and-run
her son was involved in
Copy !req
554. a few days earlier.
Copy !req
555. Mrs. Payton was never a suspect.
Copy !req
556. The mere fact that she was in
a police station...
Copy !req
557. Is irrelevant.
Copy !req
558. What controls
is whether the police knew—
Copy !req
559. or should have known—
Copy !req
560. that their actions
would lead to a confession.
Copy !req
561. ReadRhode Island v. Innis
Copy !req
562. if you want backup on that,
Ms. Hartley.
Copy !req
563. If the police
didn't consider
Copy !req
564. Mrs. Payton a suspect
in the murder
Copy !req
565. they certainly couldn't have
expected a confession.
Copy !req
566. But, Your Honor...
Copy !req
567. The confession is in.
Copy !req
568. Hey, how's this for timing?
Copy !req
569. Right. Just a coincidence.
Copy !req
570. Serena...
Copy !req
571. Look, you already had
your chance at a deal.
Copy !req
572. I'm not here to negotiate.
Copy !req
573. I'm here to ask a friend
for a favor.
Copy !req
574. Right. You lose your motion
and suddenly we're friends?
Copy !req
575. I'm sorry, Kay, but I think
you're going to have to slum it
Copy !req
576. down on Centre Street
for a few weeks.
Copy !req
577. I'm not slumming,
Serena.
Copy !req
578. Look, growing up,
Danny Payton was special.
Copy !req
579. Everybody loved him.
Copy !req
580. And then one day
when he was 18
Copy !req
581. he woke up hearing voices—
a lot of voices
Copy !req
582. only nobody else
could hear them.
Copy !req
583. Wait a minute.
Copy !req
584. Are you saying he was crazy?
Copy !req
585. And he was violent and he
took it out on the person
Copy !req
586. who was closest to him.
Copy !req
587. Especially after
my uncle ran off.
Copy !req
588. Your uncle?
Copy !req
589. Danny was my cousin.
Copy !req
590. So this pro bono...?
Copy !req
591. Is really a leave of absence.
Copy !req
592. Wow.
Copy !req
593. Look, I know my aunt
Copy !req
594. and I know how much
she loved Danny
Copy !req
595. and she wouldn't have...
Copy !req
596. she couldn't have unless
he was hurting her.
Copy !req
597. If you're going to try
Copy !req
598. and make this a case
for self-defense, Kay
Copy !req
599. I don't buy it.
Copy !req
600. He was asleep.
Copy !req
601. She stabbed him
while he was sleeping.
Copy !req
602. Serena, Danny flipped out
and ran over Emily Milius
Copy !req
603. for no reason other than
she was there.
Copy !req
604. Do you have any proof of this
whatsoever?
Copy !req
605. Well...
Copy !req
606. Kay, as your new best friend,
if you don't have any proof
Copy !req
607. I would advise you
to resign as counsel
Copy !req
608. and make yourself
a character witness.
Copy !req
609. It's a tiny favor, Serena.
Copy !req
610. Please, help me get a look
at his medical records.
Copy !req
611. She wants us to get the
doctor-patient privilege waved?
Copy !req
612. We're not supposed to make the
defenses case for them, Serena.
Copy !req
613. Our job is to get a conviction.
Copy !req
614. I thought it had something
to do with justice, Jack.
Copy !req
615. I got photos
of seven stab wounds
Copy !req
616. that say that's exactly
what this is.
Copy !req
617. I don't understand, Serena.
Copy !req
618. If Mrs. Payton
wants to assert self-defense
Copy !req
619. why doesn't she just waive her
son's doctor-patient privilege?
Copy !req
620. Maybe she's too proud?
Maybe she's ashamed?
Copy !req
621. Maybe she doesn't
want the world to know
Copy !req
622. that her son
was beating on her?
Copy !req
623. That's a lot of maybes.
Copy !req
624. I don't see
what the big deal is.
Copy !req
625. We get Mrs. Payton
removed as administratrix
Copy !req
626. we talk to Danny's doctor
and we can find out for sure.
Copy !req
627. The only problem is
Copy !req
628. the new administrator
would be the next of kin
Copy !req
629. who might very well
Copy !req
630. want to keep the Paytons'
family secrets secret.
Copy !req
631. It's not a problem.
Copy !req
632. The next of kin
is Hartley's mother.
Copy !req
633. Great. When do we get
to call on Uncle Bernie
Copy !req
634. as the eyewitness?
Copy !req
635. You know what, Jack?
Copy !req
636. Self-defense is in the books
for a reason.
Copy !req
637. If that woman doesn't deserve
to be in jail
Copy !req
638. I don't want to put her there.
Copy !req
639. Now, let me get this right.
Copy !req
640. The defendant
is the decedent's mother?
Copy !req
641. That's correct, Your Honor.
Copy !req
642. The statute is very clear
Copy !req
643. on appointing administrators,
counselor.
Copy !req
644. It's also very clear
that a person
Copy !req
645. should not be able
to profit from their crime.
Copy !req
646. Mrs. Payton murdered her son.
Copy !req
647. As administratrix
to his estate
Copy !req
648. she'd be entitled
to a statutory fee.
Copy !req
649. Mrs. Payton hasn't been
convicted of anything,
Your Honor.
Copy !req
650. She confessed to stabbing
her son seven times.
Copy !req
651. The confession
was questionable at best.
Copy !req
652. Ms. Hartley motion to exclude
Copy !req
653. has already been denied.
Copy !req
654. Danny Payton was a murderer,
Your Honor.
Copy !req
655. Doesn't my client get any credit
for getting him off the street?
Copy !req
656. You can't be serious, counselor.
Copy !req
657. Zealous representation,
Your Honor.
Copy !req
658. This court is in favor
of removing Diane Payton
Copy !req
659. as the administratrix
Copy !req
660. of the estate
of Danny Payton
Copy !req
661. and issuing new Letters
of Administration
Copy !req
662. in accordance with
Surrogate's Court
Procedure Act
Copy !req
663. Section 1001.
Copy !req
664. I don't understand.
Copy !req
665. What does this mean?
Copy !req
666. There's a chance
Danny was abusing his mother.
Copy !req
667. So what?
My daughter's dead.
Copy !req
668. Somebody has to go to jail.
Copy !req
669. Mrs. Payton may not be legally
responsible for what she did.
Copy !req
670. Responsible?
Copy !req
671. If she were a better mother,
Emily would be alive.
Copy !req
672. If she's not responsible,
who is?
Copy !req
673. Danny's doctor's name was Trask.
Copy !req
674. I'll have a waiver signed
and delivered to him right away.
Copy !req
675. Danny Payton was schizophrenic
Copy !req
676. but he was released
from St. Justin's
Copy !req
677. as not being a threat
to himself.
Copy !req
678. You see, with pharmaceuticals
Copy !req
679. you could lead a normal,
productive life.
Copy !req
680. Meaning he wasn't a threat
to anyone else?
Copy !req
681. Correct. You got
to understand
Copy !req
682. most schizophrenics
are not violent at all.
Copy !req
683. Danny Payton ran somebody over
and fled from the scene.
Copy !req
684. Can you tell me about his
relationship with his mother?
Copy !req
685. I recall they were
extraordinarily close.
Copy !req
686. So, are you saying
he wasn't abusive
to her?
Copy !req
687. No, what I'm saying
is quite the opposite.
Copy !req
688. His mother was the only thing
that kept him alive.
Copy !req
689. Look... I'll send over
all the records if you want.
Copy !req
690. Feeling good, are we?
Copy !req
691. Yeah, it really makes my day
Copy !req
692. when a mother kills her son
for no reason whatsoever.
Copy !req
693. Call Hallmark— maybe they'll
print up a special card.
Copy !req
694. I thought that
you'd be happy.
Copy !req
695. Hartley loses her
affirmative defense.
Copy !req
696. And pops up with another
more ridiculous one.
Copy !req
697. Ah, Kay Hartley.
Copy !req
698. With friends like that...
Copy !req
699. Defense of third parties?
You must be kidding me.
Copy !req
700. Danny already killed
Emily Milius.
Copy !req
701. His mother killed him so
he wouldn't hurt anybody else.
Copy !req
702. It's a legitimate
affirmative defense.
Copy !req
703. If there was an imminent threat
of Danny hurting someone.
Copy !req
704. As far as I know
Copy !req
705. there was no one
in Danny Payton's apartment
Copy !req
706. other than the woman
who stabbed him seven times.
Copy !req
707. Look, I know
that it's a long shot.
Copy !req
708. I'm just trying
to win my case.
Copy !req
709. By using me?
Copy !req
710. You needed privileged waived
Copy !req
711. so you could get Danny's
mental state into evidence.
Copy !req
712. Your aunt wouldn't waive it
Copy !req
713. because she knew
it wasn't self-defense.
Copy !req
714. I did what I could
to get justice for my client
Copy !req
715. in an imperfect system.
Copy !req
716. If you want to know why
Copy !req
717. it's imperfect, Kay,
look in the mirror
Copy !req
718. next time you put on
your Tiffany earrings.
Copy !req
719. Look, my aunt came home
to find her car missing.
Copy !req
720. The next thing she knew,
Danny was telling her
Copy !req
721. he used it to kill someone
he didn't even know.
Copy !req
722. What was she
supposed to do?
Copy !req
723. Calling the police would
have been a very good start.
Copy !req
724. At least I work for my earrings.
Copy !req
725. That's right.
Copy !req
726. Not all of us have the luxury
of playing at saving the world.
Copy !req
727. An acquittal
of a confessed murderer
Copy !req
728. and the powers-that-be
at Wittman, Worth
Copy !req
729. will have no choice but to put
my name on the letterhead.
Copy !req
730. Surprise, surprise, Serena?
Copy !req
731. Well, it's a game, right?
Copy !req
732. And the point of a game
is to win.
Copy !req
733. I'll see you in chambers.
Copy !req
734. Judge McNeil actually bought
Ms. Hartley's argument?
Copy !req
735. He called
"defense of third parties"
Copy !req
736. a question of fact for the jury.
Copy !req
737. The man goes to school
Copy !req
738. for seven years,
practices law for 15
Copy !req
739. sits on the bench for five
Copy !req
740. then passes the buck
to three housewives
Copy !req
741. four salesmen, two plumbers
Copy !req
742. a couple
of construction workers
Copy !req
743. and a dental hygienist.
Copy !req
744. I take full responsibility.
Copy !req
745. None of this
would be admissible
Copy !req
746. if I hadn't pulled that
stunt in Surrogate's Court.
Copy !req
747. I seem to recall giving you
the old "atta-girl."
Copy !req
748. I didn't.
Copy !req
749. But you never knew Kay Hartley.
Copy !req
750. I'm beginning to think all of
this was bogus from the get-go.
Copy !req
751. She never thought
it was self-defense.
Copy !req
752. She only needed a way
Copy !req
753. to let the jury know that
Danny was mentally ill.
Copy !req
754. You seem to have less faith in
our noble profession than I do.
Copy !req
755. The problem is
Copy !req
756. now I have to go into court
Copy !req
757. and argue that this woman
belongs behind bars
Copy !req
758. even though she killed her son
Copy !req
759. only to prevent him from killing
three housewives, four salesmen
Copy !req
760. two plumbers, etcetera,
etcetera, etcetera.
Copy !req
761. Hartley's going to have to
offer up some kind of proof.
Copy !req
762. She has proof enough:
Emily Milius.
Copy !req
763. I'll explain the whole
thing to Judge McNeil.
Copy !req
764. And he'll give us the
Soft Touch of the Year award.
Copy !req
765. We talked about children...
Copy !req
766. how tough it is
raising them.
Copy !req
767. Mrs. Payton
Copy !req
768. had it particularly tough
since her husband left her.
Copy !req
769. And that would be
particularly hard
Copy !req
770. with a young boy
with mental problems.
Copy !req
771. She never mentioned
any kind of mental problems
Copy !req
772. with regard to her son.
Copy !req
773. Maybe that's because
he was on medication?
Copy !req
774. She never mentioned
that either.
Copy !req
775. Like I said, she never talked
about mental problems, period.
Copy !req
776. But she did say
that she killed him?
Copy !req
777. Yes.
Copy !req
778. And she signed a confession
to that effect.
Copy !req
779. Thank you, Lieutenant.
Copy !req
780. During that 45-minute
interrogation...
Copy !req
781. I said it was a conversation,
counselor.
Copy !req
782. Fine.
During that 45-minute chat
Copy !req
783. did you ever once
ask Mrs. Payton
Copy !req
784. if her son was mentally ill?
Copy !req
785. As I just said...
Copy !req
786. Yes or no, Lieutenant.
Copy !req
787. No.
Copy !req
788. Did you ask Mrs. Payton
Copy !req
789. if her son had ever threatened
to kill anyone else?
Copy !req
790. No.
Copy !req
791. One more thing,
Lieutenant.
Copy !req
792. Did Mrs. Payton
Copy !req
793. ever say she loved her son?
Copy !req
794. Yes.
Copy !req
795. A lack of defensive wounds
Copy !req
796. indicates the victim
was unaware that he
was being attacked.
Copy !req
797. He was sleeping?
Copy !req
798. Sleeping or unconscious.
Copy !req
799. So, in other words
Copy !req
800. this was like shooting fish
in a barrel?
Copy !req
801. Objection.
Copy !req
802. Withdrawn, Your Honor.
Copy !req
803. Out of those seven stab wounds
Copy !req
804. two are what you call
"hesitation wounds."
Copy !req
805. Is that correct?
Yes.
Copy !req
806. So, could you say that
Mrs. Payton struggled
Copy !req
807. with her decision
to stab her son?
Copy !req
808. That's certainly
one explanation.
Copy !req
809. About two months ago, Doctor
Copy !req
810. did you do an autopsy of a man
named Ethan Richards?
Copy !req
811. Objection. Relevance.
Copy !req
812. Relevance
will become clear
Copy !req
813. shortly, Your Honor.
Copy !req
814. I'll let it in
subject to connection.
Copy !req
815. Answer the question,
Doctor.
Copy !req
816. Yes, I worked on
the Richards case.
Copy !req
817. And what were
your conclusions?
Copy !req
818. There were shoe prints
on the victim's torso
Copy !req
819. so we concluded he died
of internal hemorrhaging
Copy !req
820. due to kicking.
Copy !req
821. Just to refresh
your memory, Doctor
Copy !req
822. would this be the murder
we're discussing?
Copy !req
823. Yes.
Copy !req
824. Could you please read
the highlighted portions?
Copy !req
825. "Forensic scientists
have confirmed
Copy !req
826. that the shoe
was a size 121/////2 Frye boot."
Copy !req
827. To your knowledge
Copy !req
828. was there ever an arrest made
in this case?
Copy !req
829. No.
Copy !req
830. Thank you.
Copy !req
831. That's all.
Copy !req
832. Danny Payton
was schizophrenic.
Copy !req
833. He lost touch with reality.
Copy !req
834. He often saw and heard things
that weren't there.
Copy !req
835. How did you treat him?
Copy !req
836. In addition to daily counseling
and group therapy
Copy !req
837. I also prescribed the
anti-psychotic drug Clozaril.
Copy !req
838. After eight weeks
of treatment
Copy !req
839. Danny stopped hearing
the voices
Copy !req
840. and having
the delusions.
Copy !req
841. In other words, Doctor, he was
able to function in society?
Copy !req
842. I wouldn't have signed
his release if he wasn't.
Copy !req
843. Last year, did Danny's
mother ask you
Copy !req
844. to take him back
into the hospital?
Copy !req
845. Yes.
Copy !req
846. Why is that, Dr. Trask?
Copy !req
847. Mrs. Payton said that Danny
was hearing voices
Copy !req
848. telling him to kill
people at random.
Copy !req
849. And you didn't
take that seriously?
Copy !req
850. Of course I did
Copy !req
851. but then Mrs. Payton told me
Copy !req
852. that Danny had stopped taking
his medication
Copy !req
853. three months earlier.
Copy !req
854. And what did
you do?
Copy !req
855. I told her
it was unacceptable.
Copy !req
856. Look, in a perfect world
I would have readmitted Danny
Copy !req
857. but it is not a perfect world.
Copy !req
858. It is New York State
Copy !req
859. and we don't have
the funding, staff or beds
Copy !req
860. available for someone
who is perfectly able
Copy !req
861. to function on medication.
Copy !req
862. Tell me, Doctor, when a patient
is admitted to your hospital
Copy !req
863. what do you do with the personal
effects he brings with him?
Copy !req
864. They're recorded
and stored.
Copy !req
865. I don't see the relevance,
Your Honor.
Copy !req
866. I'm just connecting
earlier testimony.
Copy !req
867. Proceed.
Copy !req
868. Doctor, do you recognize this?
Copy !req
869. Yes. It's the record of all
the items Danny had with him
Copy !req
870. when he was admitted
to St. Justin's.
Copy !req
871. Could you focus your attention
Copy !req
872. on item number 10,
labeled "footwear."
Copy !req
873. What does it say?
Copy !req
874. A pair of size 121/2 Frye
work boots.
Copy !req
875. I have nothing further,
Your Honor.
Copy !req
876. Looks like this guy's going to
clear up all of our open cases.
Copy !req
877. While his mother becomes
a folk hero
Copy !req
878. for pushing the "off" button
on a killing machine.
Copy !req
879. She's a vigilante.
Copy !req
880. She was also a mother who killed
Copy !req
881. a child she loved
more than herself.
Copy !req
882. Well, so were Susan Smith
and Andrea Yates
Copy !req
883. and if I remember correctly,
they were both convicted.
Copy !req
884. They weren't preventing
otherwise inevitable murders.
Copy !req
885. Only the statute doesn't say
Copy !req
886. 'inevitable threat,'
it says 'imminent threat.'
Copy !req
887. Well, pardon my French,
Copy !req
888. but I don't think the jury's
going to give a damn either way.
Copy !req
889. Deal it down.
Copy !req
890. That means the next guy who...
Copy !req
891. Before you go
there, Serena
Copy !req
892. the only "sending a bad message"
argument that I buy
Copy !req
893. is the bad message we send
when we lose a trial...
Copy !req
894. Well, if you read the fine
print, it also says
Copy !req
895. that when the going
gets tough, run
Copy !req
896. even when the law
is on our side.
Copy !req
897. Do you really think we're going
to get jail time for this woman?
Copy !req
898. Please, if she was on the road
to canonization
Copy !req
899. she wouldn't have gone along
with Kay Hartley's games.
Copy !req
900. I haven't even cross-examined
the defendant yet, Arthur.
Copy !req
901. Well, you got in this hole
Copy !req
902. I guess it's up to you
if you want to keep digging.
Copy !req
903. So, how much of that
was personal?
Copy !req
904. The letter of the law, Jack.
That's all.
Copy !req
905. But you tried to get Danny help?
Copy !req
906. Danny belonged in a hospital.
Copy !req
907. But Dr. Trask just testified
Copy !req
908. he'd be fine if he
just took his pills.
Copy !req
909. Pills are supposed to help.
Copy !req
910. They gave him
migraine headaches.
Copy !req
911. They made him like a zombie.
Copy !req
912. He said the only reason
he even knew he was alive
Copy !req
913. was because he vomited an hour
after he took them.
Copy !req
914. How is he supposed
to live like that?
Copy !req
915. Still, that's
a small price to pay...
Copy !req
916. I was his mother
Copy !req
917. not some prison guard!
Copy !req
918. I can't physically force him
to take his medication!
Copy !req
919. I can't look over him
all the time!
Copy !req
920. They say a mother's
worst fear
Copy !req
921. is the death of a child.
Copy !req
922. Let me tell you,
it's a million times worse
Copy !req
923. when he kills
someone else's child.
Copy !req
924. Let's turn our attention
to the night Danny died.
Copy !req
925. Could you please tell us
what happened?
Copy !req
926. Mrs. Payton?
Copy !req
927. That morning, Danny
borrowed my car.
Copy !req
928. Taking long drives
helped clear his head.
Copy !req
929. When he didn't return
the car by 10:00
Copy !req
930. I went over to his apartment
to see if anything was wrong.
Copy !req
931. He was sitting on the floor
Copy !req
932. banging his head
against the wall...
Copy !req
933. He told me what he did
to that girl...
Copy !req
934. I calmed him down...
and helped him into bed.
Copy !req
935. And then...
Copy !req
936. I didn't know what else to do...
Copy !req
937. Stabbing Danny
was your only option?
Copy !req
938. He was sick.
Copy !req
939. The hospital wouldn't take him.
Copy !req
940. He killed
at least two people.
Copy !req
941. I'm sure the prison system would
have been glad to have him.
Copy !req
942. Is there a question?
Copy !req
943. Withdrawn.
Copy !req
944. Yes or no, Mrs. Payton,
when you were stabbing Danny,
Copy !req
945. were you thinking
of Emily Milius?
Copy !req
946. Were you thinking of the man
Danny had kicked to death?
Copy !req
947. Were you thinking
of the next innocent person
Copy !req
948. Danny was going to kill?
Copy !req
949. You said that Danny was
delusional, isn't that correct?
Copy !req
950. Yes.
Copy !req
951. That he had hallucinations.
Copy !req
952. That he heard voices
telling him to kill.
Copy !req
953. Yes.
Copy !req
954. Then why, Mrs. Payton
Copy !req
955. why in the world
Copy !req
956. did you lend Danny
the keys to your car?
Copy !req
957. Redirect, Ms. Hartley.
Copy !req
958. No, Your Honor.
Copy !req
959. Then we'll pick up
tomorrow morning.
Copy !req
960. Kay told me that
Danny stole her keys
Copy !req
961. so either she lied to me
Copy !req
962. or Mrs. Payton
just lied on the stand.
Copy !req
963. Why would someone lie
to appear more guilty?
Copy !req
964. She wouldn't.
Copy !req
965. Conference room,
20 minutes.
Copy !req
966. So I misspoke.
Copy !req
967. What's the big deal?
Copy !req
968. That's one possibility.
Copy !req
969. The other is that you
intentionally lied to me.
Copy !req
970. What's going on?
Copy !req
971. Your niece is a very
smart lawyer, Mrs. Payton.
Copy !req
972. She knows that
if you gave Danny the car
Copy !req
973. that you would be
legally responsible
Copy !req
974. for the death of Emily Milius.
Copy !req
975. It's called
reckless endangerment.
Copy !req
976. My guess is that she told
you to lie on the stand
Copy !req
977. but you didn't,
and I don't think you forgot.
Copy !req
978. Let's go.
Copy !req
979. Let me ask you this—
Copy !req
980. did she tell you that
we offered her a deal
Copy !req
981. before we went to trial?
Copy !req
982. I didn't think so.
Copy !req
983. She didn't tell you
Copy !req
984. because she knew
you would accept.
Copy !req
985. My God, you killed
your own son...
Copy !req
986. and I should rot
in hell for it.
Copy !req
987. You deserve to walk
out of that courtroom.
Copy !req
988. Why, Kay?
Copy !req
989. Because she's not guilty
Copy !req
990. or because you want
a corner office?
Copy !req
991. Kay...?
Copy !req
992. You have to trust me,
Aunt Diane.
Copy !req
993. Come on.
Copy !req
994. We'll see you in court.
Copy !req
995. Let's think about why
we send a person to prison.
Copy !req
996. First and foremost
Copy !req
997. we don't want the son of a bitch
to do it again.
Copy !req
998. Mrs. Payton killed her son
Copy !req
999. because of who he was
and what he did.
Copy !req
1000. She's not going to do it again.
Copy !req
1001. So there must be another reason
to punish her...
Copy !req
1002. Okay, how's this:
Copy !req
1003. We've got
to rehabilitate her.
Copy !req
1004. From what?
Copy !req
1005. From trying
to save the lives
Copy !req
1006. of people she doesn't
even know?
Copy !req
1007. Now, that doesn't
sound right.
Copy !req
1008. That should be a good thing
Copy !req
1009. and not a punishable offense...
Copy !req
1010. Okay, I know what
you're thinking.
Copy !req
1011. This woman snubbed her nose
at the laws of this state
Copy !req
1012. and a person just
can't do that
Copy !req
1013. and get away
with it scot free.
Copy !req
1014. It was the State
that let her down
Copy !req
1015. and maybe, just maybe, we owe
her something in return.
Copy !req
1016. I ask you
Copy !req
1017. what act could possibly be
more courageous
Copy !req
1018. than sacrificing your own son
for the greater good?
Copy !req
1019. Should that really be a crime?
Copy !req
1020. Did Mrs. Payton call the police?
Copy !req
1021. That would have been
an act of courage.
Copy !req
1022. But she didn't do it.
Copy !req
1023. Did she tell her son's doctors
Copy !req
1024. that he had already killed
innocent people?
Copy !req
1025. That would have been courageous.
Copy !req
1026. But she didn't do that either.
Copy !req
1027. Yes, she's sympathetic.
Copy !req
1028. I have a child myself
Copy !req
1029. there but
for the grace of God...
Copy !req
1030. but consider this:
Copy !req
1031. Mrs. Payton had an opportunity
to tell you
Copy !req
1032. that she killed her son to save
other people's lives.
Copy !req
1033. And she didn't do it.
Copy !req
1034. She had an opportunity
to tell you
Copy !req
1035. that she acted to stop her
disturbed son's suffering.
Copy !req
1036. And she didn't tell you
that, either.
Copy !req
1037. Yes, hers is a tragic story.
Copy !req
1038. But it's not
a defense to murder.
Copy !req
1039. Will the defendant
please rise?
Copy !req
1040. Have you reached
a verdict?
Copy !req
1041. We have, Your Honor.
Copy !req
1042. On the sole count
of the indictment
Copy !req
1043. Murder in the Second Degree,
we find the defendant guilty.
Copy !req
1044. Thank you. You are hereby...
Copy !req
1045. Excuse me, Your Honor
Copy !req
1046. but we have a question.
Copy !req
1047. I mean, do we have to send
this defendant to jail?
Copy !req
1048. Fortunately, the Penal Law
guarantees her jail time.
Copy !req
1049. So, Kay Hartley called
to take me to lunch.
Copy !req
1050. She probably
wants to weasel
Copy !req
1051. a sentencing recommendation
out of you. Good night.
Copy !req
1052. Good night.
Copy !req
1053. Good night.
Copy !req
1054. It seems the only person who
wants Mrs. Payton in prison
Copy !req
1055. is Mrs. Payton.
Copy !req
1056. Well, we all do our emotional
penance in our own way.
Copy !req
1057. Including Kay.
Copy !req
1058. She'll have to work
that much longer
Copy !req
1059. to get her name on the door.
Copy !req
1060. Shame.
Copy !req
1061. Yes it is.
Copy !req
1062. Captioning sponsored by
UNIVERSAL NETWORK TELEVISION
Copy !req