1 00:00:06,982 --> 00:00:08,723 NARRATOR: In the criminal justice system 2 00:00:08,784 --> 00:00:12,698 the people are represented by two separate yet equally important groups, 3 00:00:12,755 --> 00:00:14,531 the police who investigate crime 4 00:00:14,591 --> 00:00:17,435 and the district attorneys who prosecute the offenders. 5 00:00:17,494 --> 00:00:19,201 These are their stories. 6 00:00:20,664 --> 00:00:22,871 You the cable man? All day. 7 00:00:22,933 --> 00:00:23,934 Thank goodness. 8 00:00:24,000 --> 00:00:28,039 Mrs. Lerner was home all weekend with Mr. Lerner and no food channel. 9 00:00:28,104 --> 00:00:29,481 Yeah, well, she's not home now. 10 00:00:29,539 --> 00:00:30,984 She probably didn't hear the bell. 11 00:00:31,041 --> 00:00:33,248 How many times did you ring? Enough. 12 00:00:33,310 --> 00:00:36,553 That's what I like, a man anxious to do his job. 13 00:00:36,613 --> 00:00:38,559 That's me. Mr. Anxious. 14 00:00:40,116 --> 00:00:42,757 Good day, Mrs. Lerner. Coming up. 15 00:00:43,588 --> 00:00:44,658 Hello. 16 00:00:45,756 --> 00:00:46,928 Mrs. Lerner. 17 00:00:47,892 --> 00:00:50,498 The cable man's here. Mrs. Lerner? 18 00:00:52,597 --> 00:00:54,133 (SCREAMS) 19 00:00:55,399 --> 00:00:57,970 Vics are Eileen and David Lerner. Maid found them. 20 00:00:58,035 --> 00:01:00,845 You got a point of entry? Broken window in the kitchen. 21 00:01:00,905 --> 00:01:03,749 We got a blood trail from the bedroom, takes him out the same way. 22 00:01:03,808 --> 00:01:05,879 It's nice and tidy. Anything missing? 23 00:01:05,943 --> 00:01:08,390 We're still doing an inventory with the maid. 24 00:01:08,447 --> 00:01:10,120 These people lived here alone? 25 00:01:10,182 --> 00:01:11,422 Maid said they moved in last year. 26 00:01:11,483 --> 00:01:13,861 They got a daughter that lives uptown. She's on her way. 27 00:01:13,919 --> 00:01:14,954 Thanks. 28 00:01:16,855 --> 00:01:20,132 Nice color scheme. Didn't eat breakfast, did you? 29 00:01:20,192 --> 00:01:23,230 Couple of dozen stab wounds each and still counting. 30 00:01:23,295 --> 00:01:25,605 Judging by the blood glutting around the male vic's head, 31 00:01:25,664 --> 00:01:28,235 I'd say they've been dead at least 24 hours. 32 00:01:28,667 --> 00:01:30,806 Still tucked in. Didn't know what hit her. 33 00:01:30,869 --> 00:01:32,678 Yeah, well, he's not so lucky. 34 00:01:32,738 --> 00:01:35,310 Stab wounds, both hands, through and through. 35 00:01:36,175 --> 00:01:39,918 So the wife's attacked first. He wakes up, tries to fight the guy... 36 00:01:43,483 --> 00:01:46,657 "David and Eileen. Twenty-five years of joy." 37 00:01:47,253 --> 00:01:48,994 Till death did them part. 38 00:02:38,440 --> 00:02:42,149 Twenty-five years and they're still sleeping in the same bed. 39 00:02:42,210 --> 00:02:44,884 Then some animal comes along and does this. 40 00:02:45,513 --> 00:02:46,924 You find the murder weapon? 41 00:02:46,982 --> 00:02:50,987 Searched the house, the yard, the alley and two blocks four ways. Nothing. 42 00:02:52,120 --> 00:02:54,293 Looks like a 10-inch, single-edge knife did it. 43 00:02:54,356 --> 00:02:56,166 Weapon of choice at Thanksgiving. 44 00:02:56,225 --> 00:02:59,104 The set in the kitchen was missing a carving knife. 45 00:02:59,261 --> 00:03:01,241 So he entered the house unarmed? 46 00:03:01,297 --> 00:03:03,368 He didn't know the Lerners were gonna be home. 47 00:03:03,432 --> 00:03:05,241 Once he got inside he heard a noise upstairs 48 00:03:05,301 --> 00:03:07,110 and decided to do something about it. 49 00:03:07,169 --> 00:03:09,740 Did he help himself to anything else? No. 50 00:03:09,805 --> 00:03:11,944 Jewelry, cash, silver settings. 51 00:03:12,742 --> 00:03:14,380 They're all present and accounted for. 52 00:03:14,443 --> 00:03:16,684 I'm not getting a read on this one. 53 00:03:16,746 --> 00:03:19,784 If he's there to kill them, why enter the house unarmed? 54 00:03:19,849 --> 00:03:22,091 If it's burglary, why leave empty-handed? 55 00:03:22,152 --> 00:03:26,032 Well, maybe butchering the Lerners tired him out, or he was in a hurry. 56 00:03:26,289 --> 00:03:28,326 Well, he had time to freshen up. 57 00:03:28,759 --> 00:03:29,863 According to Forensics, 58 00:03:29,926 --> 00:03:32,463 they found blood mixed with water in the kitchen sink. 59 00:03:32,529 --> 00:03:34,475 Any hits on prints? BRISCOE: No, nothing. 60 00:03:34,531 --> 00:03:38,001 Besides the Lerners and their maid, we got 38 unknowns. 61 00:03:38,068 --> 00:03:40,810 Thirty-eight? They must've been a popular couple. 62 00:03:40,871 --> 00:03:43,374 Yeah, with carpenters, painters and plumbers. 63 00:03:43,440 --> 00:03:45,386 They were fixing up the house. 64 00:03:45,509 --> 00:03:48,046 But here's the real deal, 65 00:03:48,111 --> 00:03:51,787 partial right thumb-print on the headboard in Mrs. Lerner's blood. 66 00:03:53,885 --> 00:03:56,422 It matches the prints found near the broken window. 67 00:03:56,487 --> 00:03:58,990 So we get prints from the workers and the maid's family, 68 00:03:59,057 --> 00:04:00,866 and see if any of them match up. 69 00:04:00,925 --> 00:04:04,805 And check back with Forensics, maybe this guy's MO will tell the story. 70 00:04:07,832 --> 00:04:08,833 MARKS: Lady went first. 71 00:04:08,900 --> 00:04:11,813 The angle of the wounds suggests he was on the bed, straddling her. 72 00:04:11,869 --> 00:04:15,146 He hit all the major landmarks, stomach, kidneys, liver, heart. 73 00:04:15,206 --> 00:04:16,618 That's about as deliberate as it gets. 74 00:04:16,675 --> 00:04:19,121 And how. This one goes off the gruesome meter. 75 00:04:19,178 --> 00:04:21,886 See this blood-spatter pattern above the headboard? 76 00:04:21,947 --> 00:04:25,156 That's the cast off of a knife moving hard and fast. 77 00:04:25,217 --> 00:04:27,891 Thirty five at bats, and he never missed his target. 78 00:04:27,953 --> 00:04:30,695 Great, we'll make him the MVP. He earned it. 79 00:04:31,023 --> 00:04:34,698 Struggling in the dark with his victims, and he never hits the bed? 80 00:04:34,927 --> 00:04:36,634 Guy knew what he wanted. 81 00:04:37,429 --> 00:04:39,466 I'm getting married next summer. 82 00:04:40,432 --> 00:04:42,640 I can't believe they won't be there. 83 00:04:43,203 --> 00:04:46,047 LOGAN: You have any idea who'd want to hurt your parents? 84 00:04:47,140 --> 00:04:49,051 I can't imagine anyone would. 85 00:04:49,509 --> 00:04:51,819 Everyone who ever met them loved them. 86 00:04:52,512 --> 00:04:56,255 Well, we all want to think that about our parents, but it's not always realistic. 87 00:04:56,316 --> 00:04:59,957 I was born and raised in this city. I know what people are like. 88 00:05:00,854 --> 00:05:02,595 My parents were different. 89 00:05:03,056 --> 00:05:05,468 BRISCOE: Even the nicest people can make enemies. 90 00:05:06,059 --> 00:05:07,129 We have to ask this, 91 00:05:07,193 --> 00:05:10,403 did your parents ever gamble or have any financial problems? 92 00:05:10,464 --> 00:05:11,841 Does it look like they did? 93 00:05:11,899 --> 00:05:15,210 Sometimes these fixer-uppers can drain a bank book pretty fast. 94 00:05:15,269 --> 00:05:17,044 They could've borrowed money from the wrong people. 95 00:05:17,104 --> 00:05:19,948 No, they bought this house because it needed work. 96 00:05:20,007 --> 00:05:21,748 It was their dream house. 97 00:05:22,009 --> 00:05:24,717 Since the day they moved in here last year, they spent every minute 98 00:05:24,779 --> 00:05:27,692 restoring every piece of tile, every doorknob. 99 00:05:27,748 --> 00:05:29,921 Sounds like a full-time job. Were they retired? 100 00:05:29,984 --> 00:05:33,158 They own... Owned a small ad agency. 101 00:05:33,654 --> 00:05:35,463 Pharmaceutical advertising. 102 00:05:39,127 --> 00:05:43,041 We've had no bomb threats, no letters, not even a phone call. 103 00:05:43,098 --> 00:05:45,578 Who the hell gets worked up over cold medicines? 104 00:05:45,634 --> 00:05:47,443 Didn't some drug company get in trouble 105 00:05:47,502 --> 00:05:50,711 because they had the wrong number of stars in their logo? 106 00:05:50,772 --> 00:05:54,584 Some religious fanatics spread rumors about Satanism. 107 00:05:54,676 --> 00:05:57,987 But that was years ago, and that company is not one of our accounts. 108 00:05:58,046 --> 00:06:00,549 Well, how about a disgruntled employee? 109 00:06:00,615 --> 00:06:02,856 Anybody complain about their Christmas bonus? 110 00:06:02,918 --> 00:06:06,492 Eileen and David treated their employees very well. 111 00:06:06,556 --> 00:06:09,230 Sounds like Santa's workshop. They never had to fire anybody? 112 00:06:09,292 --> 00:06:12,933 Since this agency opened, only two people have left against their will. 113 00:06:12,995 --> 00:06:15,999 One died and the other was deported by the INS. 114 00:06:16,065 --> 00:06:18,875 And Eileen went to Washington to stop that. 115 00:06:19,302 --> 00:06:22,579 Well, no disrespect, but they sound a little too good to be true. 116 00:06:22,638 --> 00:06:25,346 I can think of only one person who might agree. 117 00:06:26,209 --> 00:06:27,381 Bob Frankel. 118 00:06:27,910 --> 00:06:29,857 Finally. What did they do to Bob? 119 00:06:29,913 --> 00:06:33,156 He was partners with Eileen and David before they broke away. 120 00:06:33,217 --> 00:06:36,562 They took Symtac, the primary account, and started this agency. 121 00:06:36,620 --> 00:06:39,191 Well, that must've hurt. Did Frankel take it in stride? 122 00:06:39,456 --> 00:06:42,335 I doubt it. He went bankrupt. 123 00:06:42,993 --> 00:06:47,066 Oh, yeah. I have fond memories of those days, Detectives. 124 00:06:47,898 --> 00:06:49,673 Eileen and David left me in ruins. 125 00:06:49,733 --> 00:06:52,543 I'm just now crawling out from under chapter seven. 126 00:06:52,603 --> 00:06:54,981 Yeah, you could say I would have liked to have killed them. 127 00:06:55,038 --> 00:06:57,417 BRISCOE: If you're trying to clear yourself in a murder investigation, 128 00:06:57,475 --> 00:06:59,113 you're not going about it the right way. 129 00:06:59,177 --> 00:07:02,647 I don't mind telling you how I feel because I didn't kill them. 130 00:07:02,881 --> 00:07:04,883 Look, what they did to me was the best thing 131 00:07:04,949 --> 00:07:06,019 that could've happened to me. 132 00:07:06,084 --> 00:07:09,588 It made me realize how much I really hated the advertising game. 133 00:07:09,654 --> 00:07:11,895 Whatever anger I felt, I turned it into this. 134 00:07:11,956 --> 00:07:14,368 Yeah, well, some people never learn to forgive and forget. 135 00:07:14,425 --> 00:07:18,703 So, just for the hell of it, where were you last Saturday night at 1:00 a.m.? 136 00:07:18,796 --> 00:07:19,866 Kenya. 137 00:07:19,931 --> 00:07:23,140 I'm developing a private blend for my Gen X crowd. 138 00:07:23,602 --> 00:07:25,548 And I call it Java Jive. 139 00:07:28,607 --> 00:07:30,143 Latent ran that bloody thumb-print 140 00:07:30,209 --> 00:07:33,213 against everyone known to have been in that house in the past year. 141 00:07:33,279 --> 00:07:34,314 They got nothing. 142 00:07:34,380 --> 00:07:36,326 You run it against the short list of enemies? 143 00:07:36,382 --> 00:07:39,022 The Lerners don't have enemies. These people were saints. 144 00:07:39,084 --> 00:07:41,428 The only guy they ever screwed thinks they did him a favor. 145 00:07:41,487 --> 00:07:43,865 You're saying someone picked their name out of the phone book 146 00:07:43,923 --> 00:07:45,027 and dropped in on them? 147 00:07:45,090 --> 00:07:49,197 It happens. Some nut-job forgets to wear his aluminum-foil hat one morning. 148 00:07:49,261 --> 00:07:51,264 All of a sudden, voices in his head start telling him 149 00:07:51,331 --> 00:07:53,607 to go ring doorbells and stab people. 150 00:07:53,667 --> 00:07:55,908 Well, I don't like unsolved mysteries, 151 00:07:55,969 --> 00:07:58,040 so before we hand it over to Robert Stack... 152 00:07:58,104 --> 00:08:00,914 We know. We know. Yeah, walk through it one more time. 153 00:08:03,877 --> 00:08:07,086 All right. Forensics says our guy was standing over her, 154 00:08:07,147 --> 00:08:09,593 and that she went first. They're asleep. 155 00:08:10,216 --> 00:08:13,356 Does she see him? Does she scream? She was still tucked in. 156 00:08:13,420 --> 00:08:17,995 So our guy leans over, and he leaves a right thumb-print on the headboard. 157 00:08:18,059 --> 00:08:19,538 That probably makes him a lefty. 158 00:08:19,593 --> 00:08:22,164 Husband wakes up. They fight. The husband loses. 159 00:08:22,229 --> 00:08:24,004 Okay, they're both dead. 160 00:08:24,799 --> 00:08:26,710 Okay, so now what does he do? 161 00:08:27,001 --> 00:08:30,471 He doesn't steal anything. He goes downstairs and washes up. 162 00:08:34,375 --> 00:08:37,254 I'm sorry, am I in the way here? No, no, not at all. 163 00:08:37,311 --> 00:08:38,551 This isn't gonna take very long, 164 00:08:38,612 --> 00:08:40,387 but maybe you'd rather not have to listen to this. 165 00:08:40,448 --> 00:08:41,552 It's okay. 166 00:08:42,116 --> 00:08:46,190 All right. So, he walks into the kitchen, 167 00:08:50,659 --> 00:08:52,400 he cleans up at the sink, 168 00:08:54,696 --> 00:08:56,437 and then he goes out the way he came in. 169 00:08:56,498 --> 00:09:00,378 Why climb back out the window when he could just walk through the door? 170 00:09:01,837 --> 00:09:03,407 Key-locked deadbolt, that's why. 171 00:09:03,472 --> 00:09:06,078 And latents didn't find his prints on the doorknob. 172 00:09:06,141 --> 00:09:08,087 He didn't even try to open it. 173 00:09:09,077 --> 00:09:11,149 (BIRDS CHIRPING) 174 00:09:11,781 --> 00:09:14,921 And there's no prints on this side of the door, either. 175 00:09:15,585 --> 00:09:17,997 He gets into the garden from over there. 176 00:09:18,154 --> 00:09:21,260 So why does he pass that door, come over here, 177 00:09:21,658 --> 00:09:24,571 climb over all this crap to get into the window? 178 00:09:25,094 --> 00:09:27,973 Maybe he's psychic and he knew the door was locked. 179 00:09:28,698 --> 00:09:30,678 Manhattan Security Services. 180 00:09:31,701 --> 00:09:33,908 These holes in the masonry, Ms. Lerner, 181 00:09:33,970 --> 00:09:36,280 was there a different kind of door here when your parents moved in? 182 00:09:36,339 --> 00:09:37,511 It was a security door. 183 00:09:37,573 --> 00:09:40,612 My parents removed it when they remodeled the kitchen. 184 00:09:40,878 --> 00:09:42,983 They wanted a view of the garden. 185 00:09:43,814 --> 00:09:46,988 When my parents bought this house, it looked like Fort Knox. 186 00:09:47,051 --> 00:09:50,123 So does half of New York. Who used to live here? 187 00:09:50,187 --> 00:09:53,100 Warren Bartlett. The divorce lawyer. You may have heard of him. 188 00:09:53,157 --> 00:09:55,694 Yeah. You can't open Page Six without reading about him. 189 00:09:55,759 --> 00:09:58,330 That's the guy who destroyed a lot of lives. 190 00:09:59,963 --> 00:10:04,639 Oh, my God. You mean, my parents may have been killed by mistake? 191 00:10:09,474 --> 00:10:12,182 This is unbelievable. Those poor people. 192 00:10:12,243 --> 00:10:13,813 Well, it's still just a theory. 193 00:10:13,878 --> 00:10:16,484 We can't really be sure you were the intended victim. 194 00:10:16,548 --> 00:10:18,619 But then again, in your line of work... 195 00:10:18,683 --> 00:10:22,654 I reach the pinnacle of my profession, I have to live like a prisoner. 196 00:10:22,954 --> 00:10:26,663 Cameras, security doors, letter bomb analyzers, 197 00:10:26,724 --> 00:10:28,761 a bodyguard when I go to court. 198 00:10:29,561 --> 00:10:31,598 I mean, it's not as if we don't serve a purpose. 199 00:10:31,663 --> 00:10:33,405 Do you know how many matrimonial attorneys 200 00:10:33,466 --> 00:10:34,672 were attacked last year? 201 00:10:34,733 --> 00:10:36,576 I know one who should have been. 202 00:10:36,635 --> 00:10:38,740 Did anybody ever show up at your home? 203 00:10:38,804 --> 00:10:41,341 Actually, that's why we sold the brownstone. 204 00:10:41,607 --> 00:10:44,144 Now I live in a doorman building. High security. 205 00:10:44,210 --> 00:10:46,349 Well, we're gonna need some names. 206 00:10:47,480 --> 00:10:48,515 Why? 207 00:10:48,581 --> 00:10:51,960 Could be one of your clients' exes didn't know you relocated. 208 00:10:53,986 --> 00:10:56,523 UNGER: You think you're being smart, cautious. 209 00:10:56,989 --> 00:11:00,870 You sign a pre-nup, you know, just in case it's not happily ever after. 210 00:11:01,328 --> 00:11:03,365 My ex goes to Bartlett. 211 00:11:03,430 --> 00:11:07,310 Voilà, the pre-nup's not worth the paper it's written on. 212 00:11:07,367 --> 00:11:10,007 It's America. We have to pay for our mistakes. 213 00:11:11,071 --> 00:11:14,314 How many mistakes do you make that cost 30 grand a month? 214 00:11:14,641 --> 00:11:15,847 (EXCLAIMS) 215 00:11:15,909 --> 00:11:19,288 I might wanna smack him around myself. Somebody beat him up? 216 00:11:19,346 --> 00:11:21,155 Somebody tried to kill him. 217 00:11:21,348 --> 00:11:22,554 (LAUGHS) 218 00:11:22,616 --> 00:11:24,152 Hey, bully for them. 219 00:11:25,452 --> 00:11:28,593 Closest I ever got was throwing a chair in a deposition. 220 00:11:31,292 --> 00:11:34,034 Look, that was eight years ago. 221 00:11:34,695 --> 00:11:36,902 I've gone through three wives since. 222 00:11:37,532 --> 00:11:41,503 If I was going to try to kill a divorce lawyer, he's way down on my list. 223 00:11:44,338 --> 00:11:46,113 (MUSIC PLAYING ON STEREO) 224 00:11:46,174 --> 00:11:49,348 Learned my lesson, man. Never mess with the talent. 225 00:11:51,812 --> 00:11:54,817 Tina had the voice of an angel, but she had a tail and horns. 226 00:11:54,883 --> 00:11:57,295 We heard Bartlett really cleaned you out in the divorce. 227 00:11:57,352 --> 00:11:59,389 You lost the house, the studio, the car. 228 00:11:59,454 --> 00:12:01,491 Don't believe Bartlett's B.S. PR. 229 00:12:01,557 --> 00:12:03,867 I threw money at him to make Tina go away. 230 00:12:03,926 --> 00:12:06,805 Besides, this business is a license to print the green stuff. 231 00:12:06,862 --> 00:12:08,842 The way he tells it, you weren't just throwing money. 232 00:12:08,897 --> 00:12:11,741 You were throwing punches, threatened to kill him. 233 00:12:13,235 --> 00:12:15,841 You try two days locked in a room with the wife, 234 00:12:15,904 --> 00:12:18,851 Bartlett and my suit who goes out at $300 an hour, 235 00:12:19,308 --> 00:12:21,653 being grilled over every nickel and dime. 236 00:12:21,711 --> 00:12:23,987 You'd lose your cool, too. Maybe. 237 00:12:24,514 --> 00:12:27,085 But you see, you used the magic word, kill. 238 00:12:28,217 --> 00:12:32,893 Bartlett threatened to go to the cops. Tell them I was dealing coke. Real crap. 239 00:12:33,223 --> 00:12:35,931 Said he'd tie me up in criminal court till next year's Grammys. 240 00:12:35,992 --> 00:12:38,404 He did his homework. Yeah, well... 241 00:12:38,928 --> 00:12:41,238 My shark did some homework of his own. 242 00:12:41,364 --> 00:12:45,073 Seems Bartlett's kid had a little problem with the blow himself. 243 00:12:46,135 --> 00:12:49,310 Makes for a quick settlement. Everybody's happy. 244 00:12:50,341 --> 00:12:53,879 You know, the more I talk to these guys, it reminds me why I stay single. 245 00:12:53,944 --> 00:12:57,824 You mean, it's not just the quality time you get to spend with yourself? 246 00:12:58,582 --> 00:13:01,620 You know, it is possible that the guy we're looking for 247 00:13:01,685 --> 00:13:04,097 isn't ticked off at the way Bartlett does business. 248 00:13:04,154 --> 00:13:07,067 His kid is a dope-head. Maybe it's the way he does business. 249 00:13:07,124 --> 00:13:10,970 Yeah, drug dealers. I keep forgetting there's notches below lawyers. 250 00:13:11,562 --> 00:13:13,839 You know, we could spend a whole year 251 00:13:13,899 --> 00:13:17,210 chasing down guys who may have wanted a piece of Bartlett. 252 00:13:17,269 --> 00:13:20,739 Well, we wouldn't want you to get a hernia from overwork, Mike. 253 00:13:20,805 --> 00:13:23,217 Very funny. But I got a different angle. 254 00:13:23,842 --> 00:13:26,880 Bartlett's kid's into powdering his nose. 255 00:13:26,945 --> 00:13:28,356 Now, maybe he didn't pay his bills, 256 00:13:28,413 --> 00:13:31,223 and I doubt he sent a change-of-address card to his dealer. 257 00:13:31,283 --> 00:13:33,820 Listen to this, Bartlett never had any children, 258 00:13:33,885 --> 00:13:36,331 but he's got a foster son named Smith. 259 00:13:36,688 --> 00:13:37,860 The kid's father OD'd, 260 00:13:37,923 --> 00:13:40,803 mom's had a long history of drugs and theft. She's till in Bedford. 261 00:13:40,860 --> 00:13:42,806 Anyway, I ran the kid's name, no yellows. 262 00:13:42,862 --> 00:13:45,843 Well, Bartlett's got connections. He could make those disappear. 263 00:13:45,898 --> 00:13:49,107 Yeah, he couldn't make an impound report disappear, though. 264 00:13:49,168 --> 00:13:51,944 Well, that's a big help. No, actually it might be. 265 00:13:52,571 --> 00:13:56,144 Steven Smith wrapped his car around a hydrant the night of the murders. 266 00:13:56,208 --> 00:13:59,246 Less than half a block from the Lerners' brownstone. 267 00:13:59,312 --> 00:14:02,555 Wow, that's almost a clue. And it beats heavy lifting. 268 00:14:03,316 --> 00:14:04,317 What? 269 00:14:04,817 --> 00:14:07,697 It's Anita's sense of humor. Lieutenant Anita to you. 270 00:14:08,288 --> 00:14:09,494 Lieutenant. 271 00:14:12,693 --> 00:14:16,106 It's like I said, a bunch of us went to a party down in SoHo. 272 00:14:16,163 --> 00:14:17,642 I really don't remember much. 273 00:14:17,698 --> 00:14:20,941 You remember having a brief encounter with a fire hydrant? 274 00:14:23,236 --> 00:14:24,306 You guys are cops. 275 00:14:24,371 --> 00:14:26,544 I tell you what happened, you could pull my driver's license. 276 00:14:26,606 --> 00:14:29,018 Come on, man, that's not even our department. 277 00:14:29,076 --> 00:14:31,556 Relax. Just tell us what happened, Steve. 278 00:14:33,380 --> 00:14:34,485 All right. 279 00:14:35,883 --> 00:14:38,830 My buddy Josh and me, we left a party to go hit the clubs. 280 00:14:38,886 --> 00:14:41,389 And I guess I shouldn't have been driving. 281 00:14:42,490 --> 00:14:46,370 I hit the hydrant. That's it. I paid the towing fine. Nobody got hurt. 282 00:14:46,494 --> 00:14:47,632 What's the big deal? 283 00:14:47,695 --> 00:14:50,676 But you used to live right down the block from there. 284 00:14:51,099 --> 00:14:53,978 Yeah, well, you know, but we were going to the Palladium, I mean... 285 00:14:54,736 --> 00:14:57,046 Of course we were in the neighborhood. 286 00:14:57,138 --> 00:14:58,845 What? You think I'm a witness to something? 287 00:14:58,906 --> 00:15:00,647 Did you see anything? No. 288 00:15:00,709 --> 00:15:03,280 I locked up the car and I decided to call it a night. 289 00:15:03,345 --> 00:15:05,382 You and Josh both called it a night? 290 00:15:05,447 --> 00:15:09,452 No. He wasn't as out of it as I was. He went back to the Zoo for a nightcap. 291 00:15:09,518 --> 00:15:10,895 What, did you take a cab home? 292 00:15:10,953 --> 00:15:14,127 No, I was pretty wasted. I needed the air, so I walked. 293 00:15:15,991 --> 00:15:18,267 He got all revved up. The party died. 294 00:15:19,094 --> 00:15:21,506 Well, didn't you think Steve may have had a little too much to drink 295 00:15:21,563 --> 00:15:22,633 to get behind that wheel? 296 00:15:22,698 --> 00:15:25,235 Last year I saw the guy go for eight hours straight. 297 00:15:25,300 --> 00:15:27,041 Maybe he's gotten out of shape, I don't know. 298 00:15:27,102 --> 00:15:28,741 I hear AA'll do that to you. 299 00:15:28,805 --> 00:15:29,943 He's in AA? 300 00:15:30,006 --> 00:15:32,919 Yeah, his girlfriend, Sally, she talked him into it. 301 00:15:33,209 --> 00:15:34,847 Sally have a last name? 302 00:15:36,045 --> 00:15:37,615 Beyers, I think. 303 00:15:38,014 --> 00:15:40,153 The things you'll do for a little action. 304 00:15:40,216 --> 00:15:42,696 BRISCOE: You mean, he doesn't take AA seriously? 305 00:15:43,553 --> 00:15:46,864 Maybe he did. I don't know, you are what you are, right? 306 00:15:47,824 --> 00:15:51,237 He said he'd only have one One drink turns into eight or nine... 307 00:15:51,294 --> 00:15:54,173 Yeah, why don't you tell me about the accident? 308 00:15:54,865 --> 00:15:58,438 He was singing like a jerk. You know, started playing air guitar. Boom. 309 00:15:58,736 --> 00:16:00,545 And what happened to your drinking buddy? 310 00:16:00,604 --> 00:16:04,017 He smacked his head up against the steering wheel. 311 00:16:04,074 --> 00:16:06,884 You know, if he wasn't so loaded, he might have actually got hurt. 312 00:16:06,944 --> 00:16:08,855 LOGAN: So where'd you go from there? 313 00:16:09,547 --> 00:16:13,256 Something like that just messes you up. I cabbed it back to the Zoo. 314 00:16:13,884 --> 00:16:17,764 Steve go with you? No. He said he wanted to walk it off. 315 00:16:18,556 --> 00:16:23,370 Eight or nine drinks, I'd have to circle the Island twice to walk that one off. 316 00:16:23,428 --> 00:16:25,305 You know, back in my drinking days, 317 00:16:25,363 --> 00:16:28,173 I came home once at the tail-end of a three-day bender. 318 00:16:28,233 --> 00:16:30,907 Only I went into the wrong wife's front door. 319 00:16:30,969 --> 00:16:33,245 That was enough to make me go to the 12 steps. 320 00:16:33,305 --> 00:16:36,081 What are you saying, kid went to his old house by mistake? 321 00:16:36,141 --> 00:16:37,381 It plays out. 322 00:16:37,776 --> 00:16:39,722 Steven used to come home drunk all the time. 323 00:16:39,778 --> 00:16:42,122 So he didn't want to mess with the security door. 324 00:16:42,180 --> 00:16:43,989 So he crawls in the window. 325 00:16:44,382 --> 00:16:48,388 He's in AA. He went on a bender. Maybe he told his sponsor all about it. 326 00:16:51,624 --> 00:16:55,902 I'm sorry. I appreciate that you've got a job to do, Detectives. 327 00:16:55,962 --> 00:16:59,034 But anything said in meetings is strictly confidential. 328 00:16:59,398 --> 00:17:03,210 You know, I had a guy like you who dragged me out of a bottle once, 329 00:17:03,269 --> 00:17:06,148 and I wouldn't appreciate him giving out interviews to the tabloids, 330 00:17:06,205 --> 00:17:07,775 but this is a little different. 331 00:17:07,840 --> 00:17:10,218 We're investigating a murder case here. 332 00:17:10,443 --> 00:17:12,753 You don't think Steven killed someone. 333 00:17:13,546 --> 00:17:15,959 Well, you're all wrong there. 334 00:17:16,650 --> 00:17:18,561 Steven's many things, he's an alcoholic, 335 00:17:18,619 --> 00:17:20,428 he's a substance abuser, but he's no killer. 336 00:17:20,487 --> 00:17:23,900 That much I'll tell you. Did you know he was drinking again? 337 00:17:25,325 --> 00:17:28,363 I'm sorry. I'm his sponsor. I can't tell you any more. 338 00:17:29,229 --> 00:17:30,867 (HORN HONKING) 339 00:17:30,931 --> 00:17:32,274 (SIGHING) 340 00:17:32,366 --> 00:17:34,107 What, does this guy think he's a priest? 341 00:17:34,168 --> 00:17:37,877 It's the only way it can work, Mike. What's the girlfriend's name? 342 00:17:41,675 --> 00:17:44,816 Sally Beyers. Maybe she's not so tight-lipped. 343 00:17:45,747 --> 00:17:48,353 Steven's worked hardest on steps four and five. 344 00:17:48,416 --> 00:17:50,327 "Making a fearless moral inventory" 345 00:17:50,385 --> 00:17:52,456 and "admitting his wrongs to God, to himself..." 346 00:17:52,520 --> 00:17:55,433 "And to another person." Sounds like you've been there. 347 00:17:55,490 --> 00:17:57,265 Sober 532 days. 348 00:17:57,325 --> 00:17:59,896 All right. Your boyfriend can't say as much. 349 00:18:00,395 --> 00:18:03,569 This was his first slip. It happens. He tell you about it? 350 00:18:03,631 --> 00:18:05,872 Tuesday, in group. He told us all. 351 00:18:06,434 --> 00:18:09,507 It's part of the recovery. What else did he tell you? 352 00:18:10,539 --> 00:18:12,951 What gets said in meetings stays in meetings. 353 00:18:13,008 --> 00:18:16,353 We're investigating a serious crime, Miss Beyers. 354 00:18:16,412 --> 00:18:18,323 And we have to talk to everybody. 355 00:18:18,647 --> 00:18:21,787 Steven was in that neighborhood and he knows that house. 356 00:18:23,052 --> 00:18:24,861 He doesn't remember anything. 357 00:18:24,920 --> 00:18:28,629 He told us that he'd had a major blackout, and he said he's been having nightmares. 358 00:18:28,691 --> 00:18:32,161 I think it scared him into sobriety. What kind of nightmares? 359 00:18:32,461 --> 00:18:34,839 He read about those people dying in his old house 360 00:18:34,897 --> 00:18:36,844 and he dreamed that he did it. 361 00:18:43,373 --> 00:18:44,784 Wait, wait, wait. Let me get this right. 362 00:18:44,841 --> 00:18:47,481 Now, you're saying this poor jerk had a dream. 363 00:18:47,544 --> 00:18:50,582 Which he told to a group of people in an AA meeting. 364 00:18:50,914 --> 00:18:53,827 Last night I dreamed that I was having an ice-cream sundae 365 00:18:53,884 --> 00:18:55,921 in bed with Heather Locklear. 366 00:18:56,853 --> 00:18:58,764 You don't think that that's sufficient cause 367 00:18:58,822 --> 00:19:01,132 to get a warrant to check out my bedroom? 368 00:19:01,191 --> 00:19:02,671 With no disrespect, Your Honor, 369 00:19:02,727 --> 00:19:06,038 I doubt I'd find Ms. Locklear's fingerprints on the headboard of your bed. 370 00:19:06,097 --> 00:19:08,008 And you found the kid's prints at the scene? 371 00:19:08,065 --> 00:19:09,476 An unidentified set. 372 00:19:09,534 --> 00:19:12,481 All I'm looking for is an order to fingerprint Steven Smith. 373 00:19:12,536 --> 00:19:15,039 All right. I'll give you your order, Ms. Kincaid. 374 00:19:15,473 --> 00:19:16,952 Disrespect and all. 375 00:19:19,610 --> 00:19:21,453 I told you I was drunk, all right? 376 00:19:21,512 --> 00:19:25,289 Did you ever hear of a blackout? They happen. I can't remember anything. 377 00:19:25,349 --> 00:19:27,386 BRISCOE: And these don't jog your memory? 378 00:19:27,752 --> 00:19:30,791 Why would I do that to those people, man? I don't even know them. 379 00:19:30,856 --> 00:19:33,393 We're not saying you meant to kill them, Steven. 380 00:19:33,458 --> 00:19:35,699 You know, there was a case up in Westchester. 381 00:19:35,761 --> 00:19:38,105 This kid killed an Indian couple by mistake. 382 00:19:38,163 --> 00:19:41,144 Now, if that's what this is, maybe there's a way out. 383 00:19:42,000 --> 00:19:44,537 What kind of mistake, man? I wasn't there. 384 00:19:44,603 --> 00:19:47,880 You drink too much, you do things you're not exactly proud of. 385 00:19:47,939 --> 00:19:49,680 Believe me, I know. 386 00:19:52,244 --> 00:19:54,224 Don't you think that I would remember... 387 00:19:54,279 --> 00:19:56,259 Remember? I've been there, too. 388 00:19:56,315 --> 00:19:58,990 Now relax. You want some coffee or something? 389 00:19:59,686 --> 00:20:01,359 No, I'm okay. 390 00:20:03,022 --> 00:20:06,902 Steven, when you woke up the next day, was there blood on your clothes? 391 00:20:07,994 --> 00:20:11,669 Yeah, I cut my head in the accident. Of course, there was blood. 392 00:20:12,899 --> 00:20:15,209 Look, we can go over this a million times, okay? 393 00:20:15,268 --> 00:20:17,214 I can't help you. I wasn't there. 394 00:20:17,270 --> 00:20:20,945 All right, tell me this. In your dream, what happened to the knife? 395 00:20:23,811 --> 00:20:26,155 I'll tell you what I think happened, Steven. 396 00:20:26,213 --> 00:20:27,692 I think you went in through the window 397 00:20:27,748 --> 00:20:31,423 because you were too drunk to notice that the steel door was gone. 398 00:20:32,386 --> 00:20:35,799 You didn't know the Lerners had remodeled the house, did you? 399 00:20:37,725 --> 00:20:41,502 No, how would I? I haven't been there since we moved. 400 00:20:42,396 --> 00:20:44,740 Now, see? That's just my point. 401 00:20:48,502 --> 00:20:50,072 Kid's on the verge. 402 00:20:50,905 --> 00:20:54,751 This might help. Prints came back. Our bloody thumb's a match. 403 00:20:55,210 --> 00:20:56,382 Let's do it. 404 00:20:59,147 --> 00:21:02,094 You know what they say, Lennie. Memories fade but fingerprints don't. 405 00:21:02,150 --> 00:21:03,561 Get up-UP! 406 00:21:04,552 --> 00:21:07,931 Steven Smith, you're under arrest for the murder of David and Eileen Lerner. 407 00:21:07,989 --> 00:21:09,593 You have the right to remain silent. 408 00:21:09,658 --> 00:21:12,161 Anything you say can and will be used against... 409 00:21:13,194 --> 00:21:18,110 "Docket number 622613, People v. Steven Alan Smith." 410 00:21:18,167 --> 00:21:21,046 "Charges are two counts Murder in the Second Degree." 411 00:21:22,638 --> 00:21:23,981 Plea, Ms. Larson? 412 00:21:25,407 --> 00:21:26,545 Not guilty. 413 00:21:26,876 --> 00:21:28,287 And what do the People have to say? 414 00:21:28,344 --> 00:21:30,824 The People request that the defendant be held without bail. 415 00:21:30,880 --> 00:21:33,190 He lives with his foster parents, Your Honor. 416 00:21:33,249 --> 00:21:35,058 The Bartletts have deep roots in the community. 417 00:21:35,117 --> 00:21:38,326 And he certainly seems old enough to hop a cab out of town. 418 00:21:38,387 --> 00:21:41,095 Bail is set at $500,000. Next. 419 00:21:41,891 --> 00:21:45,704 A half a million bail, Jack. A little over the top, don't you think? 420 00:21:45,762 --> 00:21:47,605 Thirty-five stab wounds. 421 00:21:49,533 --> 00:21:51,843 I'd say I showed remarkable restraint. 422 00:21:52,369 --> 00:21:53,473 Restraint? 423 00:21:53,603 --> 00:21:55,913 I suggest your police officers brush up on it. 424 00:21:55,972 --> 00:21:58,145 Your client admitted... I never... 425 00:21:58,208 --> 00:22:01,781 To be accurate, he said he dreamt about the murders. 426 00:22:02,512 --> 00:22:05,925 He read about them in the papers. They happened where he used to live. 427 00:22:05,982 --> 00:22:07,188 Freud would say it's natural. 428 00:22:07,250 --> 00:22:10,163 And I suppose his prints on the headboard of the Lerners' bed 429 00:22:10,220 --> 00:22:11,757 got there telekinetically. 430 00:22:11,823 --> 00:22:14,736 No, but the procedure by which you matched them to Mr. Smith 431 00:22:14,792 --> 00:22:16,169 violated his rights. 432 00:22:16,227 --> 00:22:18,969 We had a court order to fingerprint your client. 433 00:22:19,030 --> 00:22:20,202 Sure you did. 434 00:22:20,264 --> 00:22:23,677 But said court order was supported by privileged comments 435 00:22:23,734 --> 00:22:26,374 made during confidential AA meetings. 436 00:22:27,538 --> 00:22:29,142 I'll see you in court. 437 00:22:33,110 --> 00:22:36,648 The rules of privilege are founded in public policy, Your Honor. 438 00:22:36,881 --> 00:22:39,522 Encouraging free communication in certain circumstances 439 00:22:39,585 --> 00:22:41,724 has been deemed more important 440 00:22:41,787 --> 00:22:45,200 than admitting the substance of that communication into evidence. 441 00:22:45,257 --> 00:22:48,932 And the legislature is clear as to whom that privilege applies. 442 00:22:48,994 --> 00:22:51,372 I see doctor and patient, attorney and client, 443 00:22:51,430 --> 00:22:54,070 priest and penitent, husband and wife. 444 00:22:54,133 --> 00:22:56,579 There's nothing in the rules of evidence about self-help groups. 445 00:22:56,635 --> 00:22:58,945 But the underlying policy is the same. 446 00:22:59,338 --> 00:23:02,717 Society has recognized addiction as a disease. 447 00:23:02,841 --> 00:23:04,479 Would we be here at all if my client 448 00:23:04,543 --> 00:23:06,524 had sought treatment in a psychiatrist's office? 449 00:23:06,579 --> 00:23:10,959 Psychiatrists are professionals specifically covered by the statute. 450 00:23:11,017 --> 00:23:13,520 Alcoholics Anonymous is a self-help group. 451 00:23:14,053 --> 00:23:17,091 Confidentiality is a courtesy, not a legal mandate. 452 00:23:17,156 --> 00:23:22,003 For a 12-step program to be effective, a participant must bare his soul. 453 00:23:22,061 --> 00:23:24,337 How can we require or expect that 454 00:23:24,397 --> 00:23:25,842 if it can then be turned around 455 00:23:25,899 --> 00:23:28,709 and used as evidence against him in a criminal trial? 456 00:23:28,768 --> 00:23:32,876 If we admit this evidence we are, in effect, destroying any chance 457 00:23:32,940 --> 00:23:35,477 these individuals have at finding a cure. 458 00:23:35,776 --> 00:23:37,346 It's very convincing, Counselor. 459 00:23:38,846 --> 00:23:41,292 The problem is that Mr. McCoy is right. 460 00:23:42,082 --> 00:23:45,256 There's nothing in the statutes that mentions 12-step programs. 461 00:23:45,319 --> 00:23:48,391 I'm talking about principle, social policy, Your Honor. 462 00:23:48,455 --> 00:23:50,560 I'm talking about the law, 463 00:23:50,624 --> 00:23:53,730 which as we all know, is to be narrowly construed. 464 00:23:54,195 --> 00:23:58,405 My job is not to rewrite the statutes, it is to interpret them. 465 00:23:59,868 --> 00:24:01,779 The defense motion is denied. 466 00:24:04,272 --> 00:24:06,013 In that case, Your Honor, 467 00:24:06,408 --> 00:24:09,150 the defendant changes his plea from not guilty 468 00:24:09,210 --> 00:24:11,690 to not guilty by reason of mental defect. 469 00:24:11,947 --> 00:24:14,359 They've got you dead to rights, why not? 470 00:24:15,050 --> 00:24:16,154 All right. 471 00:24:16,418 --> 00:24:18,694 The defendant will be made available for examination 472 00:24:18,753 --> 00:24:21,791 by the People's experts at their convenience. 473 00:24:22,857 --> 00:24:26,328 I've never even met those people before. I have no idea why... 474 00:24:26,896 --> 00:24:27,897 DR. OLIVET: Why? 475 00:24:30,299 --> 00:24:32,279 I may have killed two innocent people. 476 00:24:32,335 --> 00:24:35,612 People I never even heard of, and what do you think I feel? 477 00:24:35,972 --> 00:24:37,713 I don't know. You tell me. 478 00:24:42,812 --> 00:24:44,621 I have nightmares about it. 479 00:24:45,281 --> 00:24:46,385 I don't... 480 00:24:47,416 --> 00:24:49,623 I don't even know if I did it. 481 00:24:51,020 --> 00:24:52,500 You don't remember? 482 00:24:54,191 --> 00:24:55,568 What do you remember? 483 00:24:57,027 --> 00:24:58,028 We... 484 00:24:59,229 --> 00:25:02,506 We were at a party, doing shooters. All right? 485 00:25:02,666 --> 00:25:06,045 I left with Josh. We put in a CD or something... 486 00:25:08,572 --> 00:25:12,042 I don't know. The car swerved off the road. I totaled the car. 487 00:25:12,109 --> 00:25:14,988 I hit my head. Josh went back for a drink. 488 00:25:15,646 --> 00:25:17,023 What did you do? 489 00:25:18,482 --> 00:25:20,224 I thought I walked home. 490 00:25:21,552 --> 00:25:25,125 But you didn't? No. I guess I went back to my old house. 491 00:25:25,189 --> 00:25:27,135 I don't remember! 492 00:25:27,191 --> 00:25:29,068 Why do you think that you went back there? 493 00:25:29,127 --> 00:25:30,697 I was drunk, okay? 494 00:25:33,898 --> 00:25:36,435 I know what you're thinking, and it's sick. 495 00:25:36,901 --> 00:25:38,141 What, Steven? 496 00:25:39,470 --> 00:25:40,847 Warren and Leah, 497 00:25:44,442 --> 00:25:48,323 they put up with all my crap, all right? They're good people. I love... 498 00:25:50,282 --> 00:25:52,762 I know what you're thinking, it's like... 499 00:25:54,787 --> 00:25:57,961 You think I wanted to kill them. What do you think? 500 00:26:03,862 --> 00:26:07,139 DR. OLIVET: He claims amnesia for the crimes and I believe him. 501 00:26:07,199 --> 00:26:10,180 Amnesia's not grounds for insanity. That's true. 502 00:26:10,636 --> 00:26:14,210 The only form of mental illness seems to be substance abuse. 503 00:26:14,274 --> 00:26:18,484 He was drunk, and as we all know, that's not the basis for an insanity plea. 504 00:26:18,878 --> 00:26:22,291 They tried this in Westchester. There's a difference. 505 00:26:22,348 --> 00:26:25,227 There the defense claimed that the boy had a learning disability 506 00:26:25,285 --> 00:26:29,461 and that his homicidal tendencies were implanted by a high-school psychologist. 507 00:26:29,689 --> 00:26:32,636 Steven Smith had an alcoholic blackout. 508 00:26:32,692 --> 00:26:35,002 That, combined with a head injury from the car accident, 509 00:26:35,061 --> 00:26:36,904 could have triggered a dissociative episode. 510 00:26:36,963 --> 00:26:39,409 He was drunk, he killed two innocent people 511 00:26:39,466 --> 00:26:41,811 and now he's trying to use the bottle as a defense. 512 00:26:41,869 --> 00:26:44,577 Isn't it pretty obvious he meant to kill the Bartletts? 513 00:26:44,639 --> 00:26:45,640 At least unconsciously. 514 00:26:45,706 --> 00:26:48,448 But there's no evidence of any conscious motive. 515 00:26:49,810 --> 00:26:51,221 Bartlett's wealthy. 516 00:26:51,278 --> 00:26:54,521 The brutality of the murders, this had nothing to do with money. 517 00:26:56,484 --> 00:26:58,987 Then we should find out what it was about. 518 00:27:02,389 --> 00:27:04,198 What are you implying? 519 00:27:05,626 --> 00:27:08,767 The Lerners were killed in your old bedroom, Mr. Bartlett. 520 00:27:08,830 --> 00:27:11,470 Let me tell you something. Steven has problems. 521 00:27:11,533 --> 00:27:13,638 Most of them come out of a bottle. 522 00:27:13,702 --> 00:27:17,411 He's ill, Warren. And she's trying to say it's our fault. 523 00:27:17,639 --> 00:27:20,711 Look, Steven had trouble handling a groundball, 524 00:27:21,076 --> 00:27:24,387 I spent three hours a night with him out at the schoolyard. 525 00:27:24,546 --> 00:27:28,426 He was lost in algebra, I took a week off from work. 526 00:27:28,884 --> 00:27:30,693 Something prompted this. 527 00:27:31,386 --> 00:27:33,491 Steven is sick. 528 00:27:33,556 --> 00:27:37,060 He's insane, for God's sakes! I don't need you to tell... 529 00:27:39,996 --> 00:27:42,306 I'm certainly not going to help you put him in jail 530 00:27:42,365 --> 00:27:44,675 when he should be under psychiatric care. 531 00:27:44,734 --> 00:27:46,680 Mr. Bartlett, you're an attorney. 532 00:27:46,736 --> 00:27:49,808 You know that if he knew what he was doing at the time of the crime, 533 00:27:49,872 --> 00:27:51,579 he's not legally insane. 534 00:27:51,641 --> 00:27:55,020 What are you saying? That Steven was rational when he did this? 535 00:27:55,077 --> 00:27:57,819 I'm sorry, I won't accept that. 536 00:28:00,316 --> 00:28:04,060 They're wealthy, they're educated, they seem to be the perfect parents. 537 00:28:04,121 --> 00:28:07,591 And Steven wanted them dead. For no apparent reason. 538 00:28:07,658 --> 00:28:10,104 He's still living with them, that has to mean something. 539 00:28:10,160 --> 00:28:12,834 Maybe this was some sort of dissociative episode. 540 00:28:12,896 --> 00:28:15,604 In other words, the crime is so crazy, the kid's got to be nuts. 541 00:28:15,666 --> 00:28:18,840 The defense has the burden to show that at the time he committed the murders, 542 00:28:18,902 --> 00:28:22,008 Steven Smith didn't understand the nature of what he was doing. 543 00:28:22,072 --> 00:28:24,814 Maybe we shouldn't be so gung ho here, Jack. 544 00:28:24,875 --> 00:28:27,618 Maybe he is better off in a hospital than a prison. 545 00:28:27,679 --> 00:28:29,625 Tell that to Elizabeth Lerner. 546 00:28:30,682 --> 00:28:34,391 Am I supposed to let him play doctor in a rubber room at Bellevue 547 00:28:34,452 --> 00:28:36,329 just because he tells me he can't remember? 548 00:28:36,387 --> 00:28:37,991 Come on. You know it's not that simple. 549 00:28:38,056 --> 00:28:41,367 Even Olivet can't tell us whether he was rational at the time of the crime. 550 00:28:41,426 --> 00:28:44,168 That's going to make for a wonderful cross examination. 551 00:28:44,229 --> 00:28:47,836 Only one person knows what Smith was thinking that night, right? 552 00:28:47,899 --> 00:28:49,776 And he was in an alcoholic fog. 553 00:28:49,834 --> 00:28:51,711 Well, let's turn on the defroster. 554 00:28:51,769 --> 00:28:54,273 Hypnotize him. Take him back to the scene. 555 00:28:55,307 --> 00:28:59,050 If he says that E.T. told him to kill a couple of gremlins, 556 00:28:59,111 --> 00:29:01,284 then I'll cut a deal for insanity. 557 00:29:03,449 --> 00:29:04,860 LARSON: What happened, Jack? 558 00:29:04,917 --> 00:29:08,228 You had too much last night, blacked out and forgot the law? 559 00:29:08,654 --> 00:29:10,964 Hypnotic testimony is inherently unreliable. 560 00:29:11,023 --> 00:29:13,435 On the contrary, I was up until the wee hours 561 00:29:13,492 --> 00:29:15,494 reading supreme court decisions. 562 00:29:16,295 --> 00:29:18,468 Specifically Rock v. Arkansas... 563 00:29:18,530 --> 00:29:22,911 Which held that a per se rule excluding hypnotic testimony 564 00:29:22,969 --> 00:29:26,382 infringes on a defendant's right to testify on his own behalf. 565 00:29:26,806 --> 00:29:30,185 In other words, you can't force my client to give hypnotic testimony. 566 00:29:30,243 --> 00:29:33,656 I don't want him in prison if he's legally insane, Marge. 567 00:29:34,281 --> 00:29:35,760 I'll tell you what. 568 00:29:37,284 --> 00:29:40,822 If we learn that these murders were the result of a psychotic episode 569 00:29:40,887 --> 00:29:43,629 that rendered him unaware of what he was doing, 570 00:29:43,690 --> 00:29:46,671 I'll be the first one seated at the bargaining table. 571 00:29:47,661 --> 00:29:49,039 And if we don't? 572 00:29:49,363 --> 00:29:54,278 I agree that nothing he says under hypnosis can be used against him in court. 573 00:29:55,703 --> 00:29:57,512 Heads I win, tails you lose. 574 00:29:58,439 --> 00:29:59,440 Okay. 575 00:30:03,344 --> 00:30:06,291 One more time on the kitchen floor 576 00:30:09,150 --> 00:30:12,359 Shut up, Josh. Man, I wanna sing, I'll sing. 577 00:30:16,024 --> 00:30:17,469 Oh, my God. 578 00:30:20,863 --> 00:30:23,605 My head. What happened, Steven? 579 00:30:28,237 --> 00:30:29,648 I totaled the car. 580 00:30:30,605 --> 00:30:31,879 Where are you? 581 00:30:39,648 --> 00:30:42,152 It's late, I better get home. 582 00:30:43,286 --> 00:30:45,994 The door's locked. How are you going to get in? 583 00:30:48,758 --> 00:30:50,135 I gotta get home. 584 00:30:51,227 --> 00:30:53,764 The storm window. She'll never know. 585 00:30:54,831 --> 00:30:56,333 Who will never know? 586 00:30:58,368 --> 00:30:59,779 I'll be quiet. 587 00:31:00,937 --> 00:31:02,541 Where are you, Steven? 588 00:31:06,709 --> 00:31:08,747 Mommy. Don't hit me, Mommy! 589 00:31:10,814 --> 00:31:12,657 (SCREAMING) 590 00:31:13,517 --> 00:31:15,793 It burns, Mommy! Please. It burns. 591 00:31:18,088 --> 00:31:19,328 I'll be good. 592 00:31:19,423 --> 00:31:21,369 EIDLER: What did you do wrong, Steven? 593 00:31:22,059 --> 00:31:23,504 STEVEN: I didn't mean it. 594 00:31:24,461 --> 00:31:27,499 I won't spill the Coke on the carpet again. I promise. 595 00:31:28,232 --> 00:31:30,075 Mommy, don't hit me, please! 596 00:31:32,303 --> 00:31:34,806 Don't or I'll... Or you'll what, Steven? 597 00:31:36,941 --> 00:31:38,318 It burns so bad. 598 00:31:39,577 --> 00:31:41,614 Tell me, what will you do? 599 00:31:44,115 --> 00:31:46,026 No. I'm sorry. It's bad. 600 00:31:46,851 --> 00:31:48,330 What is it, Steven? 601 00:31:55,360 --> 00:31:57,601 The knife. 602 00:31:59,964 --> 00:32:03,913 I'm sorry, the knife. It's bad. But I have to. 603 00:32:04,804 --> 00:32:06,147 I have to. 604 00:32:13,312 --> 00:32:14,313 Wow. 605 00:32:15,447 --> 00:32:17,552 It's pitiful is what it is. 606 00:32:17,917 --> 00:32:20,557 But it's clear he knew what he was doing was wrong. 607 00:32:20,619 --> 00:32:22,963 Translation, he wasn't legally insane. 608 00:32:23,022 --> 00:32:24,729 Come on, we all know 609 00:32:24,790 --> 00:32:28,203 I can march into a courtroom, show a video of what we just saw 610 00:32:28,260 --> 00:32:32,073 and walk away with a verdict of not guilty by reason of mental defect. 611 00:32:32,132 --> 00:32:34,203 And if you put one witness on the stand 612 00:32:34,267 --> 00:32:37,009 who says that he was legally insane at the time of the murder, 613 00:32:37,070 --> 00:32:39,175 you'll be suborning perjury. 614 00:32:39,239 --> 00:32:41,412 I've known you for 15 years, Marge. 615 00:32:42,209 --> 00:32:44,917 I never suspected that was part of your makeup. 616 00:32:44,978 --> 00:32:48,255 We've gone way beyond an insanity defense, Jack. 617 00:32:48,315 --> 00:32:49,988 So you're willing to cut a deal? 618 00:32:50,050 --> 00:32:53,395 And subject my client to the tender mercies of the criminal justice system? 619 00:32:53,453 --> 00:32:54,830 I don't think so. 620 00:32:55,021 --> 00:32:57,559 Steven Smith committed justifiable homicide. 621 00:32:58,226 --> 00:33:00,172 He was acting in self-defense. 622 00:33:07,435 --> 00:33:11,008 It's probable that Steven Smith was physically abused as a child. 623 00:33:11,239 --> 00:33:13,412 Now he's a grown man. Yes. 624 00:33:13,474 --> 00:33:15,954 But it was the 12-year-old boy who swung that knife. 625 00:33:16,010 --> 00:33:18,149 Is it possible that he's just acting? 626 00:33:18,212 --> 00:33:20,021 It's possible, but I doubt it. 627 00:33:20,081 --> 00:33:22,083 The alcohol, the physical trauma, 628 00:33:22,150 --> 00:33:24,893 together they could've freed repressed memories. 629 00:33:24,953 --> 00:33:26,296 I think the night of the murders, 630 00:33:26,355 --> 00:33:28,961 he was a 12-year-old boy who thought he was about to be beaten. 631 00:33:29,024 --> 00:33:32,005 It sounded like he was hit repeatedly. Burned. 632 00:33:32,060 --> 00:33:34,802 It won't be a stretch for Larson to make a good case for self-defense. 633 00:33:34,863 --> 00:33:37,673 You got no case, come to us. We'll give you all the help you need. 634 00:33:37,733 --> 00:33:40,805 Steven Smith went into what he thought was the Bartletts bedroom at 2:00 a.m., 635 00:33:40,869 --> 00:33:43,816 which means that he can't argue that he didn't know they were asleep. 636 00:33:43,872 --> 00:33:45,146 Which means that he can't argue 637 00:33:45,207 --> 00:33:48,154 that he thought he was threatened with imminent physical harm. 638 00:33:48,210 --> 00:33:49,553 Which means there's no self-defense. 639 00:33:49,611 --> 00:33:51,114 But he was thinking like a 12-year-old. 640 00:33:51,181 --> 00:33:53,388 I'm not certain he could make that distinction. 641 00:33:53,450 --> 00:33:54,827 I think he could. 642 00:33:58,555 --> 00:34:02,230 The Lerners were found in their bed, in their nightclothes. 643 00:34:02,725 --> 00:34:05,262 Both were victims of multiple stab wounds. 644 00:34:05,328 --> 00:34:07,934 Did you come to any conclusion as to whether they were asleep 645 00:34:07,997 --> 00:34:09,374 at the time the attacks commenced? 646 00:34:09,432 --> 00:34:11,469 Objection. Calls for speculation. 647 00:34:11,534 --> 00:34:13,673 Detective Logan is qualified to testify 648 00:34:13,736 --> 00:34:17,014 as to the opinions formed as a result of his investigation. 649 00:34:18,342 --> 00:34:20,322 Speculate, Detective Logan. 650 00:34:21,712 --> 00:34:25,489 The time of death was determined to be between midnight and 3:00 a.m. 651 00:34:25,749 --> 00:34:29,287 The lights were out, Mrs. Lerner was still under the blankets, 652 00:34:30,154 --> 00:34:34,193 we determined that she was asleep when the attack began, 653 00:34:34,258 --> 00:34:38,138 and that Mr. Lerner who had defensive wounds on both hands 654 00:34:38,195 --> 00:34:40,698 was awakened by the attack on Mrs. Lerner. 655 00:34:41,532 --> 00:34:43,068 JACK: Thank you, Detective. 656 00:34:44,035 --> 00:34:45,514 JUDGE MIKELSON: Ms. Larson. 657 00:34:45,570 --> 00:34:48,210 The defense has no questions for this witness. 658 00:34:49,007 --> 00:34:53,183 I was with Steven from around 8:00 until just after he wrecked his car. 659 00:34:53,245 --> 00:34:56,089 And was his behavior out of the ordinary that evening? 660 00:34:57,015 --> 00:35:00,724 We were drinking heavy, you know. I guess he was acting like usual. 661 00:35:02,787 --> 00:35:06,098 Turning your attention to the moments immediately following the accident, 662 00:35:06,158 --> 00:35:08,570 please describe how the defendant acted. 663 00:35:09,161 --> 00:35:11,335 He wrecked his car. He was upset. 664 00:35:11,397 --> 00:35:13,775 I said I'd call a tow truck, and he said to hell with it, 665 00:35:13,833 --> 00:35:15,835 he'll deal with it in the morning. 666 00:35:15,901 --> 00:35:17,380 And what happened then? 667 00:35:18,638 --> 00:35:20,379 I went to go get another drink. 668 00:35:20,439 --> 00:35:22,715 Did the defendant go with you? 669 00:35:25,845 --> 00:35:27,654 No. Thank you. 670 00:35:32,618 --> 00:35:35,599 What were the defendant's parting words that evening? 671 00:35:36,622 --> 00:35:38,364 He said he was going home. 672 00:35:39,593 --> 00:35:40,594 Home. 673 00:35:41,628 --> 00:35:44,199 I see. No more questions. 674 00:35:46,900 --> 00:35:50,871 We've put five witnesses on the stand. Larson asks one question on cross. 675 00:35:50,938 --> 00:35:54,112 I'd say she was pretty confident. Sure she's confident. 676 00:35:54,308 --> 00:35:57,482 Tomorrow she plans on breaking the jury's hearts. 677 00:35:58,011 --> 00:36:00,389 Sympathy alone doesn't get you an acquittal. 678 00:36:00,447 --> 00:36:02,256 But it sure as hell hangs a jury. 679 00:36:02,316 --> 00:36:03,886 Look at those boys out in LA. 680 00:36:03,950 --> 00:36:06,329 This isn't the Menendez brothers, Adam. 681 00:36:06,521 --> 00:36:09,502 There's no doubt in this case that the victims were innocent. 682 00:36:09,557 --> 00:36:10,797 That's right. 683 00:36:11,292 --> 00:36:16,037 Only here we have the abusers in the flesh to tell us all about what monsters they were. 684 00:36:18,700 --> 00:36:22,238 I have a Masters in child psychology from the University of Michigan, 685 00:36:22,303 --> 00:36:24,044 and a Ph.D. from Cornell. 686 00:36:24,405 --> 00:36:26,316 I've been with the Department of Social Services 687 00:36:26,374 --> 00:36:30,345 for the last 16 years where I've counseled nearly 10,000 abused children. 688 00:36:30,411 --> 00:36:33,655 Did you have an opportunity to see the videotape of the defendant 689 00:36:33,716 --> 00:36:35,252 in his hypnotic state? 690 00:36:35,317 --> 00:36:36,318 I did. 691 00:36:36,919 --> 00:36:41,891 Would you say that he fit the profile of the typical abused child? 692 00:36:43,192 --> 00:36:47,140 Considering Steven's body language, the panic in his voice, 693 00:36:47,596 --> 00:36:49,269 the substance of what he was saying, 694 00:36:49,331 --> 00:36:51,743 leads me to believe that he was an abused child, yes. 695 00:36:51,800 --> 00:36:56,044 When he was 12 years old, would you say that he hated his foster parents? 696 00:36:56,105 --> 00:36:58,586 On the contrary, he loved them very much. 697 00:36:59,409 --> 00:37:02,788 He loved them, yet still he wanted them dead? 698 00:37:02,879 --> 00:37:05,792 Well, you have to understand that the love an abused child feels 699 00:37:05,849 --> 00:37:08,887 is tempered by confusion, shame, guilt. 700 00:37:08,952 --> 00:37:11,125 But most of all, by fear. 701 00:37:11,721 --> 00:37:14,497 Now, Steven Smith was burned and beaten. 702 00:37:16,025 --> 00:37:18,733 In my opinion, he wanted to kill the Bartletts 703 00:37:18,795 --> 00:37:21,503 because he thought they were going to kill him. 704 00:37:22,732 --> 00:37:24,143 Thank you, Doctor. 705 00:37:26,103 --> 00:37:30,017 Of the 10,000 abused children you've counseled, Doctor, 706 00:37:30,508 --> 00:37:33,489 how many were beaten while their abusers were asleep? 707 00:37:33,744 --> 00:37:37,282 That's an absurd question. So I can take it that that means zero? 708 00:37:37,915 --> 00:37:38,950 Yes. 709 00:37:39,550 --> 00:37:43,589 But abused children believe their abusers are an omnipresent threat. 710 00:37:44,221 --> 00:37:46,963 Their abusers. Not some strangers. 711 00:37:51,262 --> 00:37:53,106 I'm not proud of what I did. 712 00:37:53,765 --> 00:37:56,575 I got help. I thought I got it in time. 713 00:37:58,503 --> 00:38:01,143 So, you're admitting you abused Steven? 714 00:38:01,707 --> 00:38:03,914 Warren and I couldn't have children, 715 00:38:04,409 --> 00:38:08,118 but the problem was I just wasn't ready to be a mother. 716 00:38:11,683 --> 00:38:13,856 Please tell us more, Mrs. Bartlett. 717 00:38:14,886 --> 00:38:18,424 Well, it began with a glass of wine at dinner. 718 00:38:19,025 --> 00:38:23,269 I'd put Steven to bed and I'd feel so alone. 719 00:38:24,697 --> 00:38:27,735 So I'd have another and another, 720 00:38:27,800 --> 00:38:32,408 and then I moved on to vodka. 721 00:38:33,673 --> 00:38:36,654 And I'd start at breakfast. 722 00:38:38,377 --> 00:38:40,379 And I was hard on Steven. 723 00:38:41,614 --> 00:38:45,585 He would cry and... I just couldn't stand it. 724 00:38:48,589 --> 00:38:50,068 So you hit him? 725 00:38:53,827 --> 00:38:55,670 You'll have to answer aloud. 726 00:38:56,630 --> 00:38:57,734 Um him, 727 00:38:59,199 --> 00:39:03,238 first with my hand, and then with anything I could find. 728 00:39:04,505 --> 00:39:06,178 A bottle, a shoe. 729 00:39:07,174 --> 00:39:10,849 I was alone in the house with Steven. I blamed him. 730 00:39:12,947 --> 00:39:15,086 And how did it end, Mrs. Bartlett? 731 00:39:16,951 --> 00:39:20,228 One afternoon, I was on my second bottle of vodka. 732 00:39:21,823 --> 00:39:25,202 Steven was in the living room watching television. 733 00:39:27,328 --> 00:39:29,638 I kicked his can of soda 734 00:39:31,533 --> 00:39:33,706 and it spilled all over the carpet. 735 00:39:34,803 --> 00:39:36,749 It was a new carpet! 736 00:39:42,845 --> 00:39:45,052 I burned him with a cigarette. 737 00:39:48,417 --> 00:39:51,091 He ran into the kitchen. 738 00:39:51,954 --> 00:39:55,629 I followed him and I grabbed a carving knife. 739 00:39:58,360 --> 00:39:59,600 I'm so sorry. 740 00:40:04,533 --> 00:40:06,946 Warren came home from the office. 741 00:40:09,506 --> 00:40:13,579 I don't know what would have happened if he hadn't come home then. 742 00:40:19,382 --> 00:40:22,693 I started treatment the next day. 743 00:40:25,422 --> 00:40:26,730 Thank you. 744 00:40:33,263 --> 00:40:35,676 Shall I ask for a recess, Mrs. Bartlett? 745 00:40:37,068 --> 00:40:39,070 No, I'm okay. 746 00:40:46,210 --> 00:40:49,350 How old was Steven when you attacked him with the knife? 747 00:40:52,183 --> 00:40:53,526 He was 12. 748 00:40:55,286 --> 00:40:58,290 And you haven't hit him once in the past nine years? 749 00:41:03,328 --> 00:41:04,398 No. 750 00:41:06,131 --> 00:41:08,805 And he still lives at home with you? 751 00:41:11,570 --> 00:41:12,571 Yes. 752 00:41:16,675 --> 00:41:18,245 No more questions. 753 00:41:21,413 --> 00:41:22,824 The defense rests. 754 00:41:26,618 --> 00:41:29,532 Well, juror number three was actually in tears. 755 00:41:31,024 --> 00:41:33,903 After my closing, I hope they'll be crying for the Lerners. 756 00:41:33,960 --> 00:41:36,634 And that'll make them want to put the mother in jail, not the kid. 757 00:41:36,696 --> 00:41:38,175 Did you ever consider the possibility 758 00:41:38,231 --> 00:41:41,940 that Mrs. Bartlett might be exaggerating to protect her son? 759 00:41:43,403 --> 00:41:46,350 It's just her word. That's right. 760 00:41:47,106 --> 00:41:49,780 It is just her word, isn't it? Where are you going? 761 00:41:49,842 --> 00:41:52,186 Well, wouldn't this have been a slam dunk for the defense 762 00:41:52,245 --> 00:41:55,693 if Mr. Bartlett took the stand and confirmed her story? 763 00:41:57,785 --> 00:41:59,355 Larson never called him. 764 00:42:03,224 --> 00:42:06,933 My wife had a drinking problem. I wasn't aware of the extent of it. 765 00:42:08,395 --> 00:42:11,103 A bottle of vodka a day, you didn't notice? 766 00:42:11,198 --> 00:42:13,804 I was referring to how she treated Steven. 767 00:42:15,436 --> 00:42:18,849 She said she beat him with a shoe, a bottle. 768 00:42:20,140 --> 00:42:21,245 You didn't notice? 769 00:42:21,309 --> 00:42:25,382 I was starting a new practice. I was at the office more than I was at home. 770 00:42:25,547 --> 00:42:26,548 I see. 771 00:42:28,216 --> 00:42:30,628 Now, sir, correct me if I'm wrong, 772 00:42:31,486 --> 00:42:34,296 but didn't you tell my associate, Ms. Kincaid, 773 00:42:35,991 --> 00:42:38,471 that when your son had trouble with baseball, 774 00:42:38,526 --> 00:42:40,699 you worked with him every night? 775 00:42:40,762 --> 00:42:43,902 You took a week off to help him with his mathematics? 776 00:42:43,965 --> 00:42:47,572 That was after Leah was in treatment. My practice was already established. 777 00:42:47,636 --> 00:42:50,777 Yes, but it seems you had a close relationship. 778 00:42:51,540 --> 00:42:53,213 I'm proud of that, yes. 779 00:42:53,275 --> 00:42:55,755 He would come to you when he had problems? 780 00:42:55,978 --> 00:42:56,979 Yes. 781 00:42:57,613 --> 00:43:00,184 He didn't understand Pythagoras, he came to you for help, 782 00:43:00,249 --> 00:43:03,230 he booted a groundball, he ran to you. 783 00:43:03,986 --> 00:43:08,059 But when your wife burned him with a cigarette or beat him with a shoe, 784 00:43:08,124 --> 00:43:11,401 he didn't think it proper to confide in you, is that right? 785 00:43:13,362 --> 00:43:14,603 He was a boy. 786 00:43:22,406 --> 00:43:26,320 Did you abuse Steven, Mr. Bartlett? I was selfish. 787 00:43:26,810 --> 00:43:30,917 I worked too hard. I ignored my family. Steven suffered from that. 788 00:43:30,981 --> 00:43:33,120 Did you ever beat him with a shoe? 789 00:43:33,784 --> 00:43:35,024 No. 790 00:43:35,085 --> 00:43:36,996 A bottle? No. 791 00:43:37,354 --> 00:43:39,231 How many times did you burn him with a cigarette? 792 00:43:39,289 --> 00:43:40,529 I would never... 793 00:43:40,590 --> 00:43:43,367 I always protected Steven. I would never hurt him. 794 00:43:43,428 --> 00:43:46,807 But Steven thought you would. That's not true. 795 00:43:47,598 --> 00:43:49,544 I love him! He loves me! 796 00:43:49,600 --> 00:43:52,774 And he had no reason to kill you. 797 00:43:53,838 --> 00:43:56,944 Your Honor, Mr. McCoy is testifying here. 798 00:43:58,142 --> 00:43:59,416 In my chambers. 799 00:44:00,711 --> 00:44:03,317 The witness himself said that he never abused the defendant. 800 00:44:03,381 --> 00:44:04,917 He said he always protected him. 801 00:44:04,982 --> 00:44:06,359 What's that have to do with anything? 802 00:44:06,417 --> 00:44:07,657 Let's assume for the moment 803 00:44:07,719 --> 00:44:11,190 that the defendant actually believed that Mrs. Bartlett was going to kill him. 804 00:44:11,256 --> 00:44:15,033 Fine, that's self-defense, but Mr. Bartlett never laid a hand on him. 805 00:44:15,427 --> 00:44:17,134 He didn't have a weapon. 806 00:44:17,329 --> 00:44:20,401 So tell me, what was he defending himself from? 807 00:44:20,465 --> 00:44:23,344 The jury can infer he was... They won't get the chance. 808 00:44:23,402 --> 00:44:26,281 Your Honor, the People dismiss count one of the indictment, 809 00:44:26,338 --> 00:44:28,614 the charge of murdering Eileen Lerner. 810 00:44:28,674 --> 00:44:31,553 We'll proceed only on count two for the murder of David Lerner. 811 00:44:31,610 --> 00:44:33,521 Are you sure? I'm sure. 812 00:44:34,880 --> 00:44:37,020 And I further move that Your Honor charge the jury 813 00:44:37,083 --> 00:44:41,156 that they may not consider self-defense as a justification for that murder. 814 00:44:41,654 --> 00:44:43,361 Very clever, Mr. McCoy. 815 00:44:43,423 --> 00:44:46,199 This is prejudicial. And it's the law. 816 00:44:47,160 --> 00:44:48,571 Motion is granted. 817 00:44:50,430 --> 00:44:52,808 JUDGE MIKELSON: Finally, you are instructed as follows. 818 00:44:53,299 --> 00:44:57,372 In the matter before you, you may not in any way 819 00:44:57,437 --> 00:45:01,783 consider the affirmative defense of justification 820 00:45:01,841 --> 00:45:04,015 as a result of self-defense. 821 00:45:04,778 --> 00:45:08,385 In other words, the only issue before you 822 00:45:08,482 --> 00:45:12,123 is whether the prosecution has proven sufficiently 823 00:45:12,186 --> 00:45:16,726 each and every element of the crime of Murder in the Second Degree. 824 00:45:16,791 --> 00:45:21,763 Namely, did the defendant intend to cause the death of David Lerner 825 00:45:22,463 --> 00:45:25,535 and did he in fact cause said death? 826 00:45:39,180 --> 00:45:42,059 JUDGE MIKELSON: Madam Forewoman, has the jury reached a verdict? 827 00:45:42,117 --> 00:45:43,391 Yes, we have, Your Honor. 828 00:45:43,451 --> 00:45:47,194 On the sole count of the indictment, Murder in the Second Degree, 829 00:45:47,689 --> 00:45:49,066 how do you find? 830 00:45:52,427 --> 00:45:55,101 We find the defendant, Steven Smith, guilty. 831 00:45:56,098 --> 00:45:59,568 The defendant is remanded to custody pending sentencing. 832 00:46:00,336 --> 00:46:01,713 Jury is excused. 833 00:46:02,538 --> 00:46:04,017 Court is adjourned. 834 00:46:04,073 --> 00:46:05,416 (GAVEL POUNDING) 835 00:46:09,412 --> 00:46:10,618 I'm so sorry. 836 00:46:10,680 --> 00:46:12,819 We split hairs. We won. 837 00:46:14,083 --> 00:46:15,187 But I'm still not convinced 838 00:46:15,251 --> 00:46:18,755 putting Steven Smith in prison for 25 years is the right thing. 839 00:46:19,822 --> 00:46:22,302 You think he should be on the street? 840 00:46:23,126 --> 00:46:25,163 You know that's not what I mean. 841 00:46:25,529 --> 00:46:27,941 The law only gave us two choices. 842 00:46:31,001 --> 00:46:32,002 Coming?