Law & Order: Special Victims Unit 5x24

1. In the criminal justice system,

2. sexually based offenses are considered especially heinous.

3. In New York City, the dedicated detectives

4. who investigate these vicious felonies

5. are members of an elite squad

6. known as the Special Victims Unit.

7. These are their stories.

8. The doctor said if she survives,

9. she'll be brain damaged.

10. Were you with your niece when she got sick?

11. My brother called, frantic.

12. Alexis wasn't breathing.

13. Pete wanted me to meet him here to help take care of the kids

14. while they talked to the doctors.

15. How long has Alexis

16. lived with them?

17. He and Karen adopted her

18. from Romania last year,

19. when she was three.

20. These two were a surprise.

21. They were born right after the adoption.

22. The hospital called you because they think Alexis was poisoned.

23. What do you think?

24. My sister-in-law did it.

25. She's so cruel to her.

26. Never a kind word.

27. Never a kiss or hug.

28. And how does she treat the other children?

29. Karen dotes on the twins and Katie.

30. Alexis, she sees as a burden.

31. How old is Katie?

32. Seven.

33. Do you think she might be able

34. to tell us what happened?

35. She loves Alexis.

36. I hope so.

37. Can you tell me what happened

38. when you came home from school today?

39. I watched SpongeBob.

40. Where was Alexis?

41. In the corner, in the kitchen.

42. What was she doing in the corner?

43. When she's bad, Mommy puts her there

44. and makes her practice her numbers.

45. She can only count to ten,

46. so she has to do it over and over

47. and over.

48. What kind of bad things does she do?

49. Today, she wrote on the wall

50. with a crayon.

51. Did you see Alexis drink or eat anything bad today?

52. She drank the soapy water.

53. What soapy water?

54. Mommy gave Alexis a pail

55. to wash the wall.

56. She was crying, so Mommy put the sponge in her mouth.

57. She kept spitting it out.

58. Mommy got mad.

59. And when Mommy got mad, what did she do then?

60. She made it all soapy again

61. and put it back in her mouth.

62. Alexis was coughing.

63. Then what happened?

64. She threw up.

65. She kept trying to sit down

66. but Mommy made her stand in the corner again.

67. When Daddy came home,

68. Alexis fell and she wouldn't get up.

69. Katie?

70. Mama.

71. The doctor said that you needed to see us.

72. Why don't we let Katie say good night to Alexis.

73. Come on, sweetheart.

74. What's wrong?

75. We'd like both of you to come down to our precinct.

76. Well, we have to get the children home.

77. Lady, if I have anything to say about it,

78. you'll never see those kids again.

79. You're under arrest.

80. What?

81. For attempted murder of your adopted daughter.

82. You have the right to remain silent...

83. Let's go.

84. Look, you're making a mistake. I love Alexis.

85. Not according to your sister-in-law.

86. Wendy never liked me. You can't listen to her.

87. Can we listen to Katie, Mrs. Campbell?

88. Oh, sure, Detective,

89. because seven-year-olds are so reliable.

90. Tomorrow, she'll tell you

91. that a pony with wings lives in her closet.

92. So Katie made the whole thing up, huh?

93. Like how you shoved

94. a sponge full of soapy water into Alexis's mouth,

95. repeatedly, while she gagged and cried?

96. I don't know where Katie would get that...

97. You made her stand in the corner,

98. counting, until she collapsed.

99. Plenty of children accidentally

100. ingest household poisons.

101. It's sad, but it's a fact of life.

102. It's not a crime.

103. So, it was an accident.

104. I feel terrible that I wasn't

105. paying close enough attention.

106. But I can't possibly be everywhere at once.

107. I have four children.

108. I'm a good mother.

109. I would never hurt Alexis.

110. Why don't you believe me?

111. We do believe you, Mr. Campbell.

112. That's why you're not under arrest.

113. My wife did nothing wrong.

114. But you couldn't know what your wife did.

115. You were gone all day.

116. I told you, when I got home from work,

117. Alexis had stopped breathing, and Karen

118. was hysterical.

119. If we wanted to poison Alexis,

120. why would we rush her to the hospital?

121. Actually, I'm interested

122. in why your wife does the things

123. she does. Like what?

124. Berate and emotionally abuse your adopted daughter.

125. That's a lie!

126. Are you calling your sister a liar?

127. She says Karen treats that girl

128. worse than a dog.

129. Wendy was always jealous of my wife.

130. How can I make you understand?

131. Karen loved Alexis.

132. You mean loves Alexis, don't you, Mr. Campbell?

133. Present tense. The girl's not dead yet.

134. The emergency room pumped two cups of detergent

135. out of Alexis's stomach.

136. Mrs. Campbell's accident story's a bunch of crap.

137. There is no kid who's going to drink two cups of that stuff willingly.

138. What about the dear old dad?

139. He had to know

140. that his wife hated that kid.

141. Wasn't home,

142. so he's not criminally responsible.

143. But we got the mother, right?

144. How's the seven-year-old?

145. Solid.

146. No chance you influenced her statement?

147. None.

148. Counselor, I've been doing this

149. a little bit longer than you.

150. Just making sure we're covered.

151. Children under nine aren't automatically considered swearable.

152. I can talk to her.

153. If she knows the difference between a lie and the truth,

154. and the consequences of telling a lie in court,

155. then she can testify.

156. Okay, tell me what color that is.

157. Purple.

158. Well, what if I said it was orange?

159. Would that be the truth or would that be a lie?

160. A lie.

161. How come?

162. 'Cause it's purple.

163. Right.

164. Let me ask you something about... about promises.

165. If you promised your mother

166. that you're going to clean your room,

167. and then you don't do it,

168. what happens?

169. I get in trouble.

170. Why is that?

171. 'Cause I promised.

172. Right again.

173. You're really good.

174. You ever go to church sometimes?

175. Who lives in church?

176. God.

177. Are you allowed to lie to God?

178. No.

179. If you make a promise to God

180. that you're only going to tell the truth,

181. do you have to keep that promise?

182. What if you tell a lie?

183. You'll really, really get in trouble.

184. Your chief witness

185. is the defendant's seven-year-old daughter?

186. That sounds a bit imprudent.

187. Prior courts have held otherwise, Your Honor.

188. Rittenhouse v. North Hempstead found a three-year-old

189. wasn't automatically presumed incompetent to testify.

190. Ah, but you're in my court now.

191. And LaPlant v. Atias

192. disqualified a seven- year-old witness.

193. It's completely subjective.

194. Which is why a psychiatrist examined Katie Campbell

195. and determined that she understands her duty

196. to tell the truth.

197. I'm sure the People won't mind

198. if I determine that myself.

199. It's not necessary, Your Honor.

200. But, again,

201. it's in my court.

202. Produce the girl and I'll conduct

203. a swearability examination

204. in chambers.

205. By the way, Ms. Novak,

206. when you appear in my courtroom,

207. I would appreciate you are dressed appropriately.

208. By that, I mean in a skirt.

209. 9:00 a.m. tomorrow, counselors.

210. I don't want you to be afraid, Miss Campbell,

211. I just want you to answer the questions

212. as honestly as you can.

213. Understand?

214. You have to speak up for the lady typing.

215. Now, Miss Campbell,

216. do you understand the difference between the truth and a lie?

217. Yeah.

218. If you told us about something

219. you did not see or hear,

220. would that be the truth or a lie?

221. What?

222. Do you understand the question?

223. Um...

224. Speak aloud.

225. Let the record show that the witness

226. is unable to answer the question.

227. If you came into court, raised your right hand,

228. and you swore to tell the truth,

229. and you told a lie,

230. what do you think would happen to you?

231. I don't know.

232. Do you know what the word "truth" means?

233. Thank you. You're excused.

234. Well, I think that answers the question of swearability.

235. With all due respect, Your Honor,

236. I was confused by those questions.

237. I wouldn't go around

238. admitting that, Ms. Novak.

239. The defense moves

240. for dismissal, Your Honor.

241. Without the People's witness, there's no case.

242. Your Honor didn't say she can't testify.

243. She just can't be sworn.

244. Her statement can be corroborated

245. by the detergent found in the victim's stomach.

246. Evidence which also

247. corroborates an accidental ingestion.

248. It might.

249. Why don't we let a jury decide?

250. Mr. Gates, I'm inclined to agree with Ms. Novak.

251. Then I move to suppress the girl's testimony, Your Honor.

252. She spoke with an SVU detective

253. alone, without parental supervision.

254. That's standard procedure.

255. Child witnesses don't need parental supervision.

256. We can't be sure

257. that anything this girl said

258. wasn't influenced by the police.

259. SVU detectives are trained to interview children.

260. And I'd love to hear all about that.

261. I'm ordering a Hudy hearing.

262. Your detective proves he didn't tell young Miss Campbell

263. what to say, I'll allow her testimony.

264. Detective Stabler, at any point

265. during your questioning of Katie Campbell,

266. did you suggest her mother was responsible

267. for poisoning the victim?

268. Never.

269. In fact, Katie introduced her mother

270. into the conversation without any prompting.

271. Did you vilify

272. or criticize her mother in a way

273. that would influence her statement?

274. I expressed no opinion

275. about the defendant.

276. Thank you.

277. Nothing further, Your Honor.

278. Why haven't we heard the audio tape

279. of this interview, Detective Stabler?

280. Standard procedure does not require police to record

281. interviews with witnesses.

282. How convenient.

283. So you make a mistake,

284. no one will hear it.

285. I didn't make a mistake.

286. In general, when a child is injured,

287. who is your first suspect?

288. Depends on the circumstances.

289. Oh, come on, Detective,

290. isn't it true you look to the parents

291. before anyone else?

292. When the situation warrants it, yes.

293. Are you out to get Karen Campbell?

294. Of course not.

295. Didn't you tell my client,

296. that if you had anything to do with it,

297. she'd never see her kids again?

298. That's out of context.

299. Yes or no, Detective?

300. Yes.

301. So it sounds like

302. you had some pretty strong feelings

303. about my client's guilt the moment you met her.

304. My feelings have nothing to do with any of this.

305. Now you assumed

306. my client was guilty and that influenced

307. how you questioned her seven-year-old daughter.

308. That's completely false.

309. I know how to conduct an interview.

310. Thank you, Detective. Nothing further.

311. You're excused, Detective.

312. Ms. Novak, I'm afraid the People

313. haven't met their burden

314. in proving the interview wasn't suggestive.

315. Therefore, the defense motion to suppress

316. the witness' testimony is granted.

317. This is a joke.

318. I beg your pardon, Detective Stabler?

319. I said this is a joke.

320. You'd be wise to remember

321. no one cares what you think

322. once you're out of that box, Detective.

323. The interview wasn't suggestive.

324. Elliot, stop...

325. One of these judges who thinks

326. cops strong-arm witnesses

327. in order to make their case?

328. What, you think I just bullied a seven-year-old into lying?

329. Elliot, leave.

330. No, Elliot, stay.

331. Enjoy the hospitality of our holding cells.

332. You're in contempt.

333. Officer of the Court,

334. escort the detective out of here.

335. You all right?

336. I'm great.

337. Thanks for getting me a couple of hours off.

338. You are not blaming this on me.

339. Well, you did let that defense attorney

340. trash me pretty good in that courtroom.

341. Yeah, and that stunt that you pulled.

342. That's going to help insure that Judge Taft

343. is going to screw me in the trial, but hey,

344. at least your ego is still intact.

345. My ego? You got me out of there to talk about my ego?

346. I did not get you out of there.

347. I called in a favor.

348. The contempt citation is withdrawn.

349. So if you could possibly stop acting like a petulant child,

350. that'll be thanks enough.

351. And you— you need to start playing nice

352. with Oliver Taft.

353. This guy is an arrogant prick.

354. True, and he completely takes issue with young attorneys

355. who think they know more about the law than he does.

356. You're worried about my ego?

357. This guy abuses his power and gets away with it.

358. You didn't help the situation by mouthing off

359. to the trial judge.

360. This isn't law school, Casey.

361. This is the real world.

362. Pick your battles.

363. Winning the trial is more important than wearing a skirt.

364. If there are no other matters,

365. let's start jury selection tomorrow morning.

366. Amenable?

367. No conflicts, Your Honor.

368. That's fine, Your Honor.

369. It's so nice when we can all get along.

370. Assault One seems reasonable,

371. but we're not overreaching with the attempted murder charge,

372. are we, Ms. Novak?

373. The grand jury didn't think so, Your Honor.

374. Fine, just wanted to be sure.

375. Actually, Your Honor, the defense has one more matter.

376. My client would like to waive her right to a jury trial

377. in favor of proceeding before the court.

378. Your Honor, this is strategy.

379. People v. Williams, a waiver can be denied if it's intended

380. to seek an impermissible advantage.

381. What advantage, Ms. Novak?

382. Your perceived favor, sir.

383. Waiving a jury trial is more a risk to the defendant

384. than the prosecution.

385. Convincing 12 people of guilt is harder

386. than convincing one judge.

387. But if your client understands the consequences

388. of her waiver, I'll grant it.

389. I do, Your Honor.

390. Very well.

391. Then we proceed directly to trial.

392. Something else, Ms. Novak?

393. Yes, sir.

394. The People request that Your Honor

395. recuse himself from this trial.

396. On what grounds?

397. That your conduct indicates a clear bias toward the defense,

398. recusing yourself now

399. will preserve the appearance of impartiality

400. on the part of this court.

401. Judges are charged to examine their conscience

402. for any hint of bias and then decide accordingly.

403. Perhaps we should

404. do that more often.

405. I'm satisfied that I'm impartial in this case.

406. Your motion is denied,

407. Ms. Novak, but I do thank you for your candor.

408. Opening arguments tomorrow morning.

409. You ask an egomaniac to recuse himself?

410. He has much as told the defense

411. that if they waived the jury, he'd acquit.

412. "You're reaching

413. with the attempted murder charge, Ms. Novak?"

414. What the hell is that?

415. It's a tactic.

416. He's trying to get you to plead out the case

417. and make his life easier.

418. You're staying the trial?

419. Why?

420. To get Taft recused or disqualified.

421. I've got an appearance before an appellate judge this afternoon.

422. It's one thing to ask for a recusal,

423. but to publicly humiliate a judge?

424. You'll be the enemy in every courtroom in Manhattan.

425. I'm already the enemy as far as Taft's concerned.

426. The trial judge is the sole arbiter of recusal.

427. If Taft believes he's impartial, the appellate term will have

428. no reason to find otherwise.

429. So a biased judge gets to decide if he's biased?

430. Yes.

431. That's our legal system, so work within it.

432. Plead out the case or you're looking at an acquittal.

433. Bad news travels fast.

434. We have to plead Karen Campbell out, Elliot.

435. I have no choice.

436. Don't be so sure.

437. Records of the agency the Campbells used to adopt Alexis.

438. Karen tried to give her back.

439. When?

440. February of this year.

441. Six months after

442. they adopted her.

443. If she loved her so much, she wouldn't hurt Alexis— bull.

444. Let's see Taft try and throw this out.

445. I was feeling overwhelmed with the twins,

446. I admit that.

447. And I'm embarrassed that I could even think about

448. giving Alexis to someone else.

449. But it was only because I thought she'd be better off

450. with a mother that could be devoted to her.

451. And you couldn't do that?

452. No.

453. And if I'm guilty of anything, it's of not being able

454. to keep my eye on her all the time.

455. After you discovered

456. that Alexis had gotten into the detergent,

457. how did she act?

458. Fine,

459. until she threw up.

460. But my other daughter had had the stomach flu the week before,

461. and I had just thought

462. that she caught it.

463. And then she passed out.

464. She turned blue.

465. My husband came home from work and we rushed her

466. to the hospital.

467. Thank you, Mrs. Campbell.

468. Your witness.

469. You say Alexis was fine all day?

470. Yes.

471. I'd like the court reporter to read back the testimony

472. of Dr. Langenhahn, the pediatrician,

473. regarding the exact nature

474. of Alexis's injuries.

475. "Dr.

476. "The victim suffered pneumonitis from vomiting

477. "and then aspirating the cleaning solution,

478. causing her to slowly suffocate."

479. "Ms.

480. "What symptoms would someone with pneumonitis exhibit?"

481. "Dr.

482. "Intense coughing, labored breathing, vomiting.

483. The victim would've been in excruciating pain for hours."

484. "Excruciating pain for hours."

485. Does that sound like Alexis was fine?

486. No, what the doctor said is not true.

487. Alexis was okay.

488. You knew she'd ingested

489. cleaning solution that afternoon.

490. Why didn't you take her to the hospital then?

491. I didn't know how much.

492. When you finally did take her

493. to the emergency room, were you afraid

494. the doctors might suspect that you poisoned her?

495. No.

496. Isn't that why you delayed getting your daughter

497. medical attention, Ms. Campbell?

498. Because you were more concerned about getting in trouble,

499. than saving your daughter's life?

500. No. I love Alexis.

501. Objection; she's badgering.

502. Sustained.

503. Nothing further.

504. There's little doubt in anyone's mind

505. that the events leading up to Alexis Campbell's

506. terrible injuries are tragic and regrettable.

507. No matter the outcome

508. of these proceedings,

509. a little girl will never be the same.

510. Mrs. Campbell, please rise.

511. After considering all the facts and weighing the importance

512. of the witness testimony, I find that there is

513. a single piece of evidence that is paramount

514. throughout this trial.

515. And that is the fact

516. that you love your daughter.

517. And because of that,

518. I believe that you did not force

519. or encourage her to drink

520. a poisonous substance.

521. This was a tragedy—

522. in some ways, compounded by this trial.

523. I will not compound it further.

524. Not guilty on all charges.

525. Thank you.

526. I'm sorry.

527. Don't be.

528. Look, I know you went to the mat on this one.

529. Sometimes it just doesn't work out.

530. I want Taft off the bench.

531. And I want a '65 Stingray.

532. I'm serious.

533. I'm going after him.

534. Casey, it's not worth it.

535. Look, what good does it do anybody for you

536. to kill your career?

537. If this is justice, I don't want this career.

538. Casey, what's wrong?

539. I need a favor.

540. If this is about Taft, forget it.

541. I've been going through his decisions

542. over the past ten years.

543. He's capricious, he disregards procedure on a whim.

544. He dismissed assault charges

545. without a motion and without a hearing,

546. and he repeatedly sets exorbitant bail to force pleas.

547. Casey, this is a total waste of time.

548. I and every attorney that asked for Taft's recusal,

549. they lose, including another child poisoning case.

550. The People vs. Rosalin Silvo.

551. All right, let me see it.

552. Here are the transcripts.

553. Silvo takes her daughter to the emergency room,

554. she gets arrested for poisoning her with antifreeze.

555. She waives her jury at the trial,

556. Taft disallows

557. an expert witness who's going to testify

558. that her daughter has a genetic disease.

559. Silvo's attorney asks for Taft's recusal.

560. Silvo's doing 25 to life. Do you know what this is?

561. You don't know what this is.

562. You have no idea what the circumstances were.

563. This is grounds for getting his ass thrown off the bench.

564. I need you to call Jack Dryer

565. at the State Commission on Judicial Conduct

566. and ask if anyone's filed

567. any confidential complaints against Taft.

568. No. Absolutely not.

569. You want to talk to Dryer, be my guest.

570. But I guarantee you he's going to laugh you

571. out of his office.

572. I'm asking you to make one phone call.

573. And I'm telling you that nothing you've shown me

574. proves that Taft has done anything unethical or improper.

575. You find such proof, bring it to me.

576. Otherwise, I'm done with this, Casey.

577. Judge Taft is a pompous son of a bitch.

578. I left criminal law because of him.

579. What did he do?

580. Well, for starters, wrongfully convicted my client

581. of a crime she didn't commit.

582. Your expert witness was ready to testify

583. that her baby had a rare disease.

584. He was a genetics professor.

585. He believed the antifreeze evidence was a lab mistake.

586. All I needed was the money to pay for the test.

587. And because you were court-appointed,

588. Judge Taft had to approve all expenses.

589. He called the test junk science

590. and wouldn't even let me introduce the theory.

591. Yeah, well, he's changed.

592. The Taft I know is a crusader for mothers.

593. Oh, wait. Let me guess.

594. You prosecuted June Cleaver—

595. wealthy, educated, husband still in the picture?

596. You think he's got some kind of class bias?

597. I think he's got a real specific idea

598. of what a good mother is

599. and Rosalin Silvo did not fit that mold—

600. poor, uneducated, no husband, two kids by two fathers.

601. He thought she was a slut

602. and he didn't even try to hide his contempt.

603. After he denied my recusal motion,

604. he let the word out to other judges

605. and all my referrals dried up.

606. I liked my job, but if I stayed he would've ruined me.

607. I'm getting Taft off the bench.

608. I need you to file a joint complaint with me

609. to the judicial commission.

610. You're nuts. I'm not going near this.

611. So he puts an innocent woman in jail

612. and that's okay with you?

613. Your office helped put her in jail.

614. Why don't you do something to help get her out?

615. August 2, 1993, Rosalin Silvo shows up at St. Mary's ER

616. with her one-year-old daughter Christine.

617. The baby was lethargic, vomiting

618. and having difficulty breathing.

619. Docs ran tests and found high levels

620. of ethylene glycol in her blood.

621. That's the active ingredient in antifreeze.

622. Christine was dead within hours,

623. the hospital notified police that she'd been poisoned.

624. Rosalin was charged with murder.

625. Who's this other kid?

626. They found out that Silvo was pregnant during her trial.

627. Had the kid in prison.

628. She's still in foster care.

629. Here's the interesting thing.

630. Cops never found antifreeze at Silvo's apartment.

631. She could have tossed it on the way to the hospital.

632. What did the M.E.'s office say?

633. Confirmed the hospital's finding.

634. Autopsy showed crystals in the baby's brain

635. that could've been caused by drinking antifreeze.

636. And they never turned up anything

637. about this mystery genetic disease?

638. There was a preliminary hearing

639. about some cousin on the father's side

640. who allegedly died of the same disease.

641. But the defense lawyer couldn't find the dad,

642. so Taft wouldn't allow the information to be introduced.

643. I'm all for getting an innocent woman out of jail

644. if she's innocent, but we don't have

645. the manpower to fuel a vendetta, Casey.

646. You know, Captain, it's really

647. not that much work.

648. I think we can swing it.

649. Well, thank you for being

650. such a real helper, Elliot.

651. It's two interviews: the mother

652. and the genetics professor who was supposed to testify.

653. If nothing pans out, I'll drop it.

654. Make it quick.

655. Do you think Rosalin Silvo was innocent, Dr. Calvin?

656. Well, it was a theory.

657. In the end, an untested one.

658. But it was possible her child had MMA,

659. methylmalonic acidemia.

660. What is it?

661. The body lacks an enzyme

662. to break down protein for energy production.

663. Untreated, it can be fatal.

664. The girl was a year old when she died.

665. Wouldn't the mother have known something was wrong?

666. Symptoms often don't appear

667. for several months to over a year.

668. Why'd the hospital say the baby was poisoned with antifreeze?

669. Their lab found what they thought was ethylene glycol

670. in the girl's blood, using gas chromatography.

671. But MMA produces a substance

672. that the older tests mistook for ethylene glycol.

673. Would a newer test be able to tell the difference?

674. Definitely.

675. I just never got the chance to use it.

676. I kept waiting for someone

677. to figure it out, you know?

678. That it was all a mistake.

679. Don't get your hopes up yet.

680. There's no guarantee

681. our investigation will get you out.

682. I know. And it's okay if you think I'm guilty.

683. I probably would if I were you.

684. I think my daughter does sometimes.

685. You want to see her picture?

686. Sure.

687. She's about what, ten now, right?

688. Diana.

689. She's living with a real nice foster family.

690. Writes me letters and visits once in a while,

691. but I don't know if that's so good.

692. This place isn't right for a kid.

693. Your lawyer thinks that Christine died

694. of a rare disease.

695. What do you think?

696. She must have. She died.

697. Was she sick a lot?

698. No, she was fussy sometimes, but mostly she was very happy.

699. Maybe I wasn't paying attention.

700. But she was sick when you took her to the hospital.

701. She was throwing up and she wasn't breathing right.

702. Everybody at the hospital was really nice to me

703. until they did the tests.

704. They started talking about antifreeze and poisoning,

705. and I'm thinking,

706. "My God, who would do this to my baby?"

707. Then the cops showed up and arrested me.

708. Christine died while they were taking my mug shots.

709. We would like your permission to exhume Christine's body.

710. Now, if there is any chance

711. of proving that she wasn't murdered,

712. that's what's got to be done.

713. Diana asks me about her.

714. I tell her Christine smiled all the time.

715. That's what I like to remember.

716. Not all this.

717. Make sure they're good to her, okay?

718. We got lucky.

719. Enough DNA from hair to test for the genetic mutation.

720. Did the baby have MMA?

721. Without a doubt.

722. But MMA doesn't explain the calcium oxalate crystals

723. the medical examiner found in the brain.

724. These head CTs were in her medical records.

725. The crystallization is consistent

726. with ethylene glycol poisoning.

727. Okay, so where did they come from?

728. The hospital treated the baby with an ethanol drip.

729. Right thing to do for antifreeze poisoning,

730. exactly the wrong thing to do for a child with MMA.

731. The ethanol caused the crystals to form

732. and more than likely killed her.

733. In other words, Rosalin Silvo

734. just spent ten years in prison for nothing.

735. I don't know how I can be more clear.

736. Rosalin Silvo is innocent.

737. Here's the M.E.'s report.

738. Judge Taft let his bias run that courtroom.

739. He pulled the same crap he always pulls,

740. only this time he stole a woman's life.

741. That son of a bitch.

742. Seems to be the preferred way to describe this guy.

743. It's a disgrace.

744. He's an embarrassment to the bench.

745. I'll worry about him

746. as soon as I get Rosalin Silvo out of jail.

747. She's going to need a defense attorney.

748. I'll take her case.

749. I'll have to write up the 4-40 motion right away.

750. I already did it for you.

751. As stated in our brief,

752. we believe we have found sufficient evidence,

753. previously unavailable at trial,

754. proving the innocence of my client.

755. Furthermore, the opportunity to obtain that evidence

756. was denied to the defense by Judge Taft.

757. Justice in this case was not only blind, it was cruel.

758. Ms. Novak, where do the People stand?

759. Your Honor, we're joining the defense's motion

760. and ask that the court set aside Ms. Silvo's conviction.

761. After reviewing the motion, I must concur with counsel.

762. The only possible remedy is to vacate

763. Ms. Silvo's conviction.

764. We're adjourned.

765. Thank you.

766. Well, Judge Clark, it's nice

767. to see you haven't forgot your meager beginnings

768. as a legal aid attorney.

769. Ms. Novak,

770. are you going to be combing through

771. all the decisions I've made?

772. Because I can get the files, if you'd like.

773. That depends.

774. How many other defendants

775. have you falsely convicted?

776. History is full of mistakes, Ms. Novak, even your short history.

777. You're not threatening her, are you?

778. Some people might find that conduct unbecoming

779. of an officer of the court.

780. You can't bully your way out of this, Oliver.

781. That almost makes me miss all this.

782. I don't know,

783. I think you'd miss your expense account more.

784. Casey Novak.

785. Oh, God.

786. Why wasn't she in the hospital?

787. Released.

788. Her parents didn't want to put her in a nursing home.

789. The aunt dropped by for a visit,

790. found Alexis in her bed, already dead.

791. Karen was the only one home.

792. She finished the job.

793. You have the right to remain silent.

794. If you give up that right, anything you say can and will

795. be used against you in a court of law.

796. You have the right to an attorney.

797. If you cannot afford one, one will be provided for you...

798. So, here we are again.

799. What happened, you miss us?

800. Look, Karen, I'm really just looking...

801. for the explanation.

802. I mean, you had the perfect out.

803. You just place Alexis in a nursing home,

804. you never even have to think about her again.

805. I'm trying to understand why you had to kill her.

806. Detective, you do understand

807. the child was severely brain damaged from hypoxia.

808. And that means she deserved to die?

809. That means she died of injuries

810. sustained from a prior

811. accidental poisoning.

812. That's convenient for you.

813. It's also collateral estoppel.

814. My client cannot be charged with murder

815. having been acquitted

816. of attempting the same alleged murder

817. simply because the child died.

818. Unless we're talking about two separate acts.

819. Which we are, right, Karen?

820. Alexis was suffocated.

821. Poisoning had nothing to do with her death.

822. You got nothing to say now, Karen?

823. Come on, tell me what a good mother you are.

824. Better yet,

825. tell me how it feels to place a pillow

826. over your daughter's face and suffocate her.

827. I didn't want to...

828. You didn't want to what?

829. I didn't want to bring her home.

830. Pete insisted.

831. Yeah, and that's a lot of responsibility.

832. A sick baby.

833. You had to take care of her, all by yourself.

834. She wouldn't stop crying.

835. That's frustrating.

836. I just wanted her to be quiet.

837. So you killed her.

838. You placed a pillow over her face

839. and you killed her, Karen.

840. It wasn't my fault.

841. What was it an accident again?

842. No.

843. The judge said I should do it.

844. It was his idea.

845. What judge?

846. Judge Taft.

847. He said Alexis

848. was too sick.

849. I have other children

850. to think about.

851. He said, we would all be

852. better off if Alexis just died.

853. When did Judge Taft say this to you?

854. The other day,

855. in court, right before I testified.

856. Interview is over, everybody out.

857. Did I hear her right?

858. That nut case thinks the judge

859. told her to murder her daughter?

860. Or she thinks it's a good way to get off a murder charge.

861. What the hell was Taft doing

862. talking to a defendant alone, during a trial, anyway.

863. Hanging himself.

864. We got the bastard now.

865. Doesn't that nullify her acquittal?

866. Sure does. Not that it matters.

867. We got her on homicide.

868. I want to make this clear:

869. I had no knowledge of this ex parte communication

870. and as an officer of the court, I would've been duty-bound

871. to inform you immediately.

872. What did he say?

873. Well, apparently he saw her crying

874. on the elevator at lunch.

875. She alleges that he told her that she had to think

876. of her other children now and that Alexis might be

877. better off if she died, anyway.

878. And Karen's using that to justify killing her?

879. Then he advised her to get psychiatric help

880. so that this tragedy wouldn't happen again.

881. He told her to get a shrink?

882. That's what she said.

883. And I think it's a fine idea.

884. Uh, I've advised her not to answer any more questions.

885. Let's get her booked.

886. After that, go pick up Taft.

887. On what charges?

888. Criminal Facilitation Two.

889. Taft told Karen to get help, which means

890. he knew Alexis' poisoning was no accident.

891. He was afraid she'd try it again with her other kids.

892. Acquitting her gave her the means and the opportunity

893. to commit a Class A felony.

894. He's protected by judicial immunity, Casey.

895. He smoked his judicial immunity

896. the second he had an ex parte communication

897. with the defendant.

898. Excuse me.

899. Excuse me.

900. Detectives.

901. If you wanted an invite,

902. all you had to do was ask.

903. We thought we'd class the place up a little bit.

904. You're going to need to step outside with us, Judge Taft.

905. Why?

906. Just a private chat.

907. About what?

908. Alexis Campbell is dead.

909. Karen suffocated her.

910. You knew that she was a danger to that little girl,

911. and you let her go.

912. This is absurd.

913. Your Honor, you know

914. the law says we can't arrest you in your own home,

915. so, if you want, we could make a big scene.

916. You all are going to be very sorry for this.

917. And you're going to look so pretty for your mug shot.

918. Docket Number 42768, People v. Oliver Taft,

919. Criminal Facilitation in the Second Degree.

920. What is this?

921. Your Honor, the defendant is being charged

922. with knowingly facilitating a murder.

923. This is an outrage, Your Honor.

924. An overzealous ADA is upset because she lost her case

925. and is using the courts to exact retaliation.

926. He acted beyond the scope

927. of his position by communicating ex parte

928. with a woman who later committed murder.

929. There's no grounds for these charges.

930. An acquittal does not constitute aid to commit a felony.

931. Your Honor...

932. You're making a mockery of this court, Ms. Novak.

933. I'm throwing the charges out.

934. This is hubris and it reeks

935. of professional misconduct.

936. And you better believe

937. Arthur Branch will hear about it.

938. The charges are dismissed, Judge Taft,

939. with my apologies.

940. You're free to go.

941. We're at recess.

942. Well, I'll say this for you, you've got balls.

943. He probably won't get

944. more than a censure

945. from the Judicial Commission for the ex parte.

946. We'll see.

947. And don't forget,

948. now you've got a star witness

949. for Karen Campbell's murder trial.

950. Judge Taft, for the record, you are here under a subpoena,

951. which you unsuccessfully tried to quash.

952. That's correct.

953. You presided over Karen Campbell's

954. attempted murder trial,

955. in which she waived her right to a jury, correct?

956. I did.

957. What was your verdict?

958. Not guilty.

959. Why?

960. I felt the People had not sufficiently proven their case

961. against the defendant.

962. So you think she didn't try

963. to kill her daughter the first time.

964. I believe I already answered

965. your question, counselor.

966. Is that why you spoke to Karen Campbell

967. during her trial, because you thought she was innocent?

968. I admit the conversation with the defendant was ill-advised.

969. We were on the same elevator.

970. She was distraught about the condition of her daughter.

971. I allowed my empathy to overrule my intellect.

972. Did it ever occur to you that Karen Campbell might

973. be responsible for her daughter's condition?

974. Your Honor, I must object

975. to this line of questioning.

976. I'm here to discuss what I said to the defendant,

977. not to discuss my thoughts

978. or feelings about her.

979. On the contrary, Your Honor.

980. The defendant claims Judge Taft instructed her

981. to kill her daughter.

982. It's important to establish

983. the witness' state of mind

984. at the time of the conversation.

985. Judge Taft, answer the question.

986. I will remind you

987. that you have no legal standing

988. to object in this court.

989. You felt sorry for the defendant,

990. so you must have decided that she was innocent,

991. even though the trial hadn't yet concluded.

992. That's not true.

993. So you thought she was guilty?

994. I hadn't yet formed an opinion, as you just said.

995. The trial had not concluded.

996. I know, which is why it's so strange

997. that you were talking to her.

998. Why did you tell the defendant

999. to seek psychiatric help

1000. so this tragedy doesn't occur again?

1001. She was upset. Because it sounds

1002. like you think she really did poison her daughter.

1003. It was a mistake.

1004. Is that what you want me to say, Ms. Novak?

1005. One mistake in almost three decades on the bench?

1006. Didn't you make another arguably bigger mistake

1007. when you wrongfully convicted Rosalin Silvo

1008. of murdering her daughter and sent her to prison

1009. for ten years?

1010. That's a totally separate issue

1011. and completely immaterial to this case.

1012. You can't object, Judge Taft.

1013. But I can, Ms. Novak.

1014. Get back to the case at hand.

1015. Did you tell Karen Campbell to suffocate her daughter?

1016. Absolutely not.

1017. But you talked to her, even though it was clearly improper.

1018. It was a mistake.

1019. You don't make mistakes, though.

1020. You make judgments.

1021. Who's innocent? Who's guilty?

1022. You saw Rosalin Silvo and she was a whore.

1023. That means she's a bad mother.

1024. And then you saw Karen Campbell.

1025. Why did you talk to her, Judge?

1026. Your Honor?

1027. Why talk to Karen Campbell?

1028. Why talk to a woman that tried

1029. to murder her daughter?

1030. I didn't know. Didn't know what?

1031. That she'd turn around and try to do it again?

1032. I thought they were good people!

1033. That's enough.

1034. Ms. Novak, try that again and you're in contempt.

1035. Sir, you will be

1036. as well, if you don't sit down.

1037. Now.

1038. Nothing further.

1039. On the sole charge of murder in the second degree,

1040. how do you find?

1041. We find the defendant guilty.

1042. Ladies and gentlemen of the jury,

1043. you've performed your duties admirably.

1044. And I thank you for your service.

1045. And may I say, for the record,

1046. this is a crime that could've been prevented.

1047. While this trial exemplifies

1048. the very best aspects of our legal system,

1049. it has also highlighted its flaws.

1050. It is my sincere hope that in the future,

1051. those flaws can be corrected.

1052. The defendant will be held over for sentencing.

1053. This court is adjourned.

1054. Your Honor, this way!

1055. The Chief Administrative Judge says you're going

1056. to be reassigned to civil court. What's your reaction?

1057. The previous conviction of Rosalin Silvo was overturned,

1058. how many other of your verdicts have come under scrutiny?

1059. What about the rumor that the governor has asked

1060. the Judicial Commission to investigate your conduct?