1 00:00:01,269 --> 00:00:03,044 NARRATOR: In the criminal justice system 2 00:00:03,105 --> 00:00:06,985 the people are represented by two separate yet equally important groups, 3 00:00:07,042 --> 00:00:08,885 the police who investigate crime 4 00:00:08,944 --> 00:00:11,754 and the district attorneys who prosecute the offenders. 5 00:00:11,813 --> 00:00:13,554 These are their stories. 6 00:00:15,083 --> 00:00:17,620 Honey, your leashing is too slack. Shorten up. 7 00:00:17,686 --> 00:00:20,758 I said shorten, Ryan. That's better. 8 00:00:20,822 --> 00:00:23,166 Never had any complaints about my leashing before. 9 00:00:23,258 --> 00:00:26,603 (CHUCKLING) Don't worry. I'm a master at teaching old dogs new tricks. 10 00:00:26,661 --> 00:00:27,696 (DOG BARKING) 11 00:00:27,763 --> 00:00:29,140 (GASPING) Oh, my God! 12 00:00:30,699 --> 00:00:34,443 Decedent is a female, blond, early 30s, name of Karin Burdett. 13 00:00:34,504 --> 00:00:36,643 Looks like she fell, or jumped from the building. 14 00:00:36,706 --> 00:00:38,583 Her place on the 18th floor has a balcony. 15 00:00:38,641 --> 00:00:40,120 Who ID'd her? The doorman. 16 00:00:40,176 --> 00:00:42,417 Says her husband is president of some drug company. 17 00:00:42,478 --> 00:00:43,479 Did he see her fall? 18 00:00:43,546 --> 00:00:44,547 He says he was on a break. 19 00:00:44,614 --> 00:00:46,252 CURTIS: Excuse me, is Mr. Burdett around? 20 00:00:46,315 --> 00:00:49,228 I called upstairs right when it happened. He wasn't in. 21 00:00:49,285 --> 00:00:50,628 What time was that? 22 00:00:50,686 --> 00:00:51,960 11:45 or so. 23 00:00:52,455 --> 00:00:56,062 He might have slipped back in while I was on my break. I better check. 24 00:00:56,125 --> 00:00:58,435 You notice what time he went out this morning? 25 00:00:58,494 --> 00:01:01,566 No, I must have missed it. I might have been on a break then, too. 26 00:01:01,631 --> 00:01:04,111 Three breaks in one morning? You must have one hell of a union. 27 00:01:04,167 --> 00:01:07,876 What I have is a prostate condition. Oh, wait, there he is. 28 00:01:08,337 --> 00:01:09,475 Let him in, 29 00:01:09,539 --> 00:01:12,418 CURTIS: Mr. Burdett, we're with the police. 30 00:01:12,742 --> 00:01:15,120 Yes, what's wrong? What happened here? 31 00:01:15,178 --> 00:01:16,885 I'm afraid it's about your wife, sir. 32 00:01:16,946 --> 00:01:20,758 My wife? I was just at the pharmacy getting her prescription. 33 00:01:22,051 --> 00:01:23,530 Karin! Take it easy, Mr. Burdett. 34 00:01:23,586 --> 00:01:25,088 There's nothing you can do for her now. 35 00:01:25,154 --> 00:01:26,189 Take it easy. All right. 36 00:01:26,255 --> 00:01:27,893 All right. Sit over here. 37 00:01:27,957 --> 00:01:28,958 Come on. 38 00:01:29,025 --> 00:01:30,902 We got you. You're gonna be okay. 39 00:01:31,427 --> 00:01:32,634 All right, you just try to relax. 40 00:01:32,696 --> 00:01:36,508 We're gonna come back and talk to you in a minute. All right? 41 00:01:37,634 --> 00:01:39,045 Guy is president of a drug company, 42 00:01:39,102 --> 00:01:41,673 and he still has to schlepp to the drugstore like the rest of us. 43 00:01:41,738 --> 00:01:44,218 What do you think she needed? Happy pills? 44 00:01:44,274 --> 00:01:46,584 I hope he got some for himself. 45 00:02:36,494 --> 00:02:40,874 It's Desyrel. An anti-depressant. Karin had a bad night. 46 00:02:42,133 --> 00:02:44,739 What time did you leave this morning? 47 00:02:45,470 --> 00:02:47,040 About 10:00. 48 00:02:47,105 --> 00:02:49,142 The pharmacy doesn't deliver? 49 00:02:49,207 --> 00:02:51,517 They said it would take two hours. 50 00:02:51,576 --> 00:02:53,613 Was your wife expecting anybody? 51 00:02:53,678 --> 00:02:55,988 No. She'd taken some sleeping pills. 52 00:02:56,047 --> 00:02:58,960 She was groggy. She was in no shape to see anyone. 53 00:03:00,151 --> 00:03:03,394 Mr. Burdett, did she ever talk about suicide? 54 00:03:04,489 --> 00:03:05,524 No. 55 00:03:06,858 --> 00:03:08,860 Clemente, what have you got? 56 00:03:08,927 --> 00:03:10,668 Latent pulled some nice prints off the door, 57 00:03:10,728 --> 00:03:12,298 and over here on the railing. 58 00:03:12,363 --> 00:03:14,309 This where she went off? Uh-huh. 59 00:03:14,399 --> 00:03:17,380 Looks like she stumbled around, knocked over these pots. 60 00:03:17,435 --> 00:03:18,812 CURTIS: Hey, Lennie. 61 00:03:19,137 --> 00:03:21,879 Well, we got sleeping pills, broken flower pots... 62 00:03:21,939 --> 00:03:23,543 And we got this. 63 00:03:24,475 --> 00:03:25,613 Parlodel? 64 00:03:25,677 --> 00:03:27,179 It's used to stop lactation. 65 00:03:27,679 --> 00:03:29,488 So where's the baby? 66 00:03:29,580 --> 00:03:31,526 (KNOCK AT DOOR) CURTIS: Mr. Burdett, 67 00:03:32,483 --> 00:03:36,057 these Parlodel for your wife. Do you know why she was taking them? 68 00:03:36,121 --> 00:03:37,191 (SIGHING) 69 00:03:37,690 --> 00:03:39,829 She gave birth to a girl three weeks ago. 70 00:03:41,427 --> 00:03:42,838 Is the baby staying with someone else? 71 00:03:42,895 --> 00:03:44,499 We gave it up for adoption. 72 00:03:45,731 --> 00:03:48,644 Well, how did Mrs. Burdett feel about that? 73 00:03:51,170 --> 00:03:52,171 (SIGHING) 74 00:03:52,671 --> 00:03:54,446 It was understood when we were married 75 00:03:54,506 --> 00:03:56,747 I didn't want any more children. 76 00:03:57,376 --> 00:03:59,788 I have a teenage son by my first marriage. 77 00:03:59,845 --> 00:04:02,917 When Karin got pregnant, we discussed it again. 78 00:04:03,716 --> 00:04:06,856 In the end it just didn't make sense. 79 00:04:08,921 --> 00:04:12,767 She had two partially digested Halcion tablets in her stomach. 80 00:04:13,292 --> 00:04:14,737 She was feeling pretty good. 81 00:04:14,793 --> 00:04:16,500 Good enough to make it over a railing? 82 00:04:16,562 --> 00:04:18,667 She might have managed it. 83 00:04:18,731 --> 00:04:20,335 You said she was taking Parlodel? 84 00:04:20,399 --> 00:04:21,605 That's right. 85 00:04:21,667 --> 00:04:24,170 The panel didn't pick up any in her blood. 86 00:04:24,236 --> 00:04:26,216 She hadn't taken it for at least three days. 87 00:04:26,271 --> 00:04:28,376 It takes that long to clear the system. 88 00:04:28,440 --> 00:04:31,080 So she stopped taking them. Maybe they were upsetting her stomach. 89 00:04:31,143 --> 00:04:34,215 Or she was getting ready to take the baby back. 90 00:04:34,813 --> 00:04:35,814 What's that? 91 00:04:35,882 --> 00:04:38,829 You're jumping ahead. It's an abraded contusion. 92 00:04:38,885 --> 00:04:40,057 Back of her right wrist. 93 00:04:40,120 --> 00:04:41,121 From the fall? 94 00:04:41,187 --> 00:04:43,360 From having her arm twisted, hard. 95 00:04:45,925 --> 00:04:47,836 He's fifty-seven years old, Lennie. 96 00:04:47,894 --> 00:04:50,170 How would you like to do diaper duty again? 97 00:04:50,230 --> 00:04:52,267 Yeah, if that happened to me, I'd jump off the roof. 98 00:04:52,332 --> 00:04:55,211 Look, she would have fought back. There'd be marks on him. 99 00:04:55,268 --> 00:04:56,770 She was too doped up to fight. 100 00:04:56,836 --> 00:04:58,406 You talk to Burdett's pharmacy? 101 00:04:58,471 --> 00:05:01,077 They remember he was there, but they don't know when or for how long. 102 00:05:01,141 --> 00:05:03,451 Still, it's a ten minute trip he says took him an hour. 103 00:05:03,510 --> 00:05:05,888 One vote she was pushed, one vote she jumped. 104 00:05:05,945 --> 00:05:07,185 (PHONE RINGING) 105 00:05:08,348 --> 00:05:09,691 Van Buren. 106 00:05:11,217 --> 00:05:12,924 Could you hold on? 107 00:05:12,986 --> 00:05:14,829 See if forensics can break the tie. 108 00:05:14,888 --> 00:05:16,697 And could you close the door please? 109 00:05:21,094 --> 00:05:22,198 Boyfriend? 110 00:05:22,262 --> 00:05:23,332 Mrs. Van Buren? 111 00:05:23,396 --> 00:05:26,741 No. I heard she took the Captain's exam. Usually means a transfer. 112 00:05:26,800 --> 00:05:30,270 Just when I was getting used to her sunny disposition. 113 00:05:30,670 --> 00:05:31,842 CLEMENTE: We'll do another drop, 114 00:05:31,905 --> 00:05:33,942 but so far we keep getting the same results. 115 00:05:34,007 --> 00:05:36,510 If we just drop the dummy, it lands in the water, 116 00:05:36,576 --> 00:05:38,716 56 inches short of where your victim landed. 117 00:05:38,779 --> 00:05:41,020 CURTIS: What if she had pushed off the rail when she jumped? 118 00:05:41,082 --> 00:05:43,619 Gets her maybe a foot closer to the target. 119 00:05:43,684 --> 00:05:46,062 She needed a nice big shove to land where she did. 120 00:05:46,120 --> 00:05:48,361 So much for May-December romances. 121 00:05:48,422 --> 00:05:49,696 It's enough to make me a cynic. 122 00:05:49,757 --> 00:05:51,668 You know, Lennie, Karin Burdett's obstetrician 123 00:05:51,725 --> 00:05:53,830 was the one who prescribed the anti-depressant. 124 00:05:53,894 --> 00:05:56,773 She must have gotten an earful about the adoption. 125 00:06:00,167 --> 00:06:03,444 I spent a grand on a malpractice seminar in Curaçao. 126 00:06:03,904 --> 00:06:05,713 Besides finding out I'm too old for Mai Tais, 127 00:06:05,773 --> 00:06:07,548 I learned never to talk out of school. 128 00:06:07,608 --> 00:06:08,951 Your patient is dead, Dr. Frieder. 129 00:06:09,009 --> 00:06:10,920 I doubt she'd mind if you violate her privilege. 130 00:06:10,978 --> 00:06:12,048 Her estate might. 131 00:06:12,113 --> 00:06:13,683 You mean her husband? 132 00:06:13,747 --> 00:06:15,158 He's the murder suspect. 133 00:06:16,016 --> 00:06:18,087 BRISCOE: Well, if it makes you feel any better, Doc, 134 00:06:18,152 --> 00:06:20,154 patient chit-chat isn't privileged. 135 00:06:20,221 --> 00:06:22,724 That includes anything non-medical she might have said to you 136 00:06:22,790 --> 00:06:24,736 about wanting to revoke the adoption. 137 00:06:24,792 --> 00:06:28,205 She had been very ambivalent all along about giving it away. 138 00:06:28,262 --> 00:06:30,799 She had 30 days after the adoption to change her mind. 139 00:06:30,865 --> 00:06:32,936 I don't know if she took any legal steps. 140 00:06:33,000 --> 00:06:34,843 Did she tell you how her husband felt about it? 141 00:06:34,902 --> 00:06:36,779 No. But I don't think he was very supportive. 142 00:06:36,837 --> 00:06:39,375 He didn't even show up for the ultrasound. 143 00:06:39,441 --> 00:06:40,943 Too much going on at work. 144 00:06:41,009 --> 00:06:42,886 Do you know which adoption agency they used? 145 00:06:42,944 --> 00:06:45,686 They went through a baby broker. I don't know his name. 146 00:06:45,747 --> 00:06:48,421 Well, who did you hand the baby off to after the delivery? 147 00:06:48,483 --> 00:06:49,723 I wasn't at the delivery. 148 00:06:49,784 --> 00:06:51,957 What, another surf-and-sand seminar? 149 00:06:52,020 --> 00:06:55,866 I was right here. They were in Trenton, New Jersey. At City Hospital. 150 00:06:57,926 --> 00:07:00,031 A public hospital? 151 00:07:00,095 --> 00:07:02,166 Sure, I remember the Burdetts. 152 00:07:02,230 --> 00:07:05,109 Our patients don't usually pay with a platinum card. 153 00:07:05,167 --> 00:07:07,340 And a very close, loving couple they were. 154 00:07:07,402 --> 00:07:10,440 While she was delivering the baby, he's on a cell phone. 155 00:07:10,505 --> 00:07:12,007 Half an hour after that baby's born, 156 00:07:12,073 --> 00:07:15,145 a lawyer shows up in a limo and signs it out. 157 00:07:15,210 --> 00:07:18,589 So you'd have his name and number in the Burdetts' file. 158 00:07:18,647 --> 00:07:22,094 Yes. That's where we keep confidential information. 159 00:07:22,884 --> 00:07:26,331 Oh, come on. You show me his number, and I'll show you mine. 160 00:07:26,388 --> 00:07:28,299 And I guarantee, you'll have more fun with me 161 00:07:28,356 --> 00:07:29,699 than I'm gonna have with him. 162 00:07:29,758 --> 00:07:32,261 I don't think so, Romeo. 163 00:07:32,327 --> 00:07:36,036 Last week, a young woman came in here wanting to get in touch with the Burdetts. 164 00:07:36,097 --> 00:07:37,770 Who was she? I don't know, 165 00:07:37,832 --> 00:07:39,574 but she didn't get anything out of me either. 166 00:07:39,635 --> 00:07:42,844 And she was a whole lot cuter than you. Excuse me. 167 00:07:45,174 --> 00:07:46,380 I knew it. 168 00:07:46,442 --> 00:07:48,683 So what do you think? The adoptive mother? 169 00:07:48,744 --> 00:07:50,781 Well, if she got word Karin Burdett was making a move 170 00:07:50,846 --> 00:07:51,881 to get the kid back... 171 00:07:51,948 --> 00:07:54,087 Remember Baby M? That got very nasty. 172 00:07:54,150 --> 00:07:56,460 Yeah, but they don't give babies back to dead people. 173 00:07:56,519 --> 00:07:57,964 We got to find these parents. 174 00:07:58,020 --> 00:07:59,897 We can try to get the adoption papers unsealed. 175 00:07:59,956 --> 00:08:03,699 By then, the kid will be getting her first hickey. Oh, Miz. 176 00:08:07,296 --> 00:08:09,333 Our lawyer said that no one was supposed to know who we were. 177 00:08:09,398 --> 00:08:11,173 How did you guys... BRISCOE: His car service. 178 00:08:11,234 --> 00:08:12,440 They drove him here with the baby. 179 00:08:12,501 --> 00:08:15,539 And the hospital told us you tried to contact the biological parents. 180 00:08:16,606 --> 00:08:18,677 I didn't know we were breaking any laws. 181 00:08:19,408 --> 00:08:21,649 Why were you looking for them? 182 00:08:23,112 --> 00:08:25,786 We waited five years to get a child. 183 00:08:27,083 --> 00:08:28,892 I wrote them a letter to thank them, 184 00:08:28,951 --> 00:08:31,989 and to let them know that Maggie was in a good home. 185 00:08:32,054 --> 00:08:34,330 Mr. Tooley wouldn't pass it on to them. 186 00:08:34,390 --> 00:08:36,063 So I found out where Maggie was born. 187 00:08:36,192 --> 00:08:37,330 Did you ever talk to the parents? 188 00:08:37,393 --> 00:08:39,134 No. The hospital wouldn't give me their name. 189 00:08:39,195 --> 00:08:41,039 Where were you last Sunday morning? 190 00:08:41,098 --> 00:08:44,443 We were at a friend's house in Astoria Park with Ellen's parents. 191 00:08:44,501 --> 00:08:45,775 They were visiting from Indiana. 192 00:08:45,869 --> 00:08:47,542 We'll need to talk to your friend. 193 00:08:47,671 --> 00:08:49,446 Why? What's going on? 194 00:08:50,741 --> 00:08:53,984 (SIGHING) The baby's mother was found dead last Sunday. 195 00:08:54,578 --> 00:08:56,148 Oh, my God. What happened? 196 00:08:56,213 --> 00:08:57,521 CURTIS: We're not sure. 197 00:08:58,248 --> 00:09:01,593 Anyone ever tell you that she wanted to revoke the adoption? 198 00:09:01,652 --> 00:09:02,687 No. 199 00:09:03,220 --> 00:09:04,358 I can't believe this. 200 00:09:04,421 --> 00:09:05,456 (BABY CRYING) 201 00:09:05,522 --> 00:09:06,865 Excuse me. 202 00:09:09,259 --> 00:09:10,329 Do they want Maggie back? 203 00:09:10,394 --> 00:09:11,429 CURTIS: The mother might have. 204 00:09:11,561 --> 00:09:12,596 We don't know about the father. 205 00:09:12,663 --> 00:09:15,576 Well, 12 more days and it's official. She's ours. 206 00:09:15,932 --> 00:09:18,242 I don't think you have anything to worry about, Mr. O'Brien. 207 00:09:18,302 --> 00:09:22,273 We can't even remember what life was like without her. It was... 208 00:09:22,839 --> 00:09:24,614 Isn't she beautiful? 209 00:09:25,175 --> 00:09:26,620 Hello, baby. 210 00:09:34,851 --> 00:09:37,161 CURTIS: It explains a lot, Mr. Burdett. 211 00:09:37,220 --> 00:09:41,327 The hospital in Trenton, the lateral pass to the baby broker. 212 00:09:41,391 --> 00:09:43,338 Whatever difficulties Karin and I had, 213 00:09:43,394 --> 00:09:45,499 we worked out like civilized people. 214 00:09:46,364 --> 00:09:47,809 Let me get this straight. 215 00:09:47,865 --> 00:09:50,436 Your wife cheats on you with... What's his name? 216 00:09:50,635 --> 00:09:52,808 I don't know. She wouldn't tell me. 217 00:09:53,438 --> 00:09:55,008 Okay, so she gets pregnant. 218 00:09:55,073 --> 00:09:57,519 Now, you don't kick her out, you don't slap her around. 219 00:09:57,575 --> 00:10:00,181 You even let her have the baby. Because you're so civilized? 220 00:10:00,244 --> 00:10:01,450 Yes. 221 00:10:02,380 --> 00:10:04,656 Nobody is that civilized, Josh. 222 00:10:04,716 --> 00:10:07,663 Yeah, all right, maybe if it was one of your country club pals. 223 00:10:07,719 --> 00:10:11,599 But she was sweating up the sheets with some big good-looking black stud. 224 00:10:11,656 --> 00:10:13,260 That can really piss some people off. 225 00:10:13,324 --> 00:10:14,962 You that kind of people, Mr. Burdett? 226 00:10:15,026 --> 00:10:16,300 No. 227 00:10:16,361 --> 00:10:18,238 If she gets the baby back, everybody is gonna know. 228 00:10:18,296 --> 00:10:19,297 Stop it. 229 00:10:19,364 --> 00:10:20,365 She was playing Scarlett O'Hara 230 00:10:20,431 --> 00:10:21,501 with Mandingo! 231 00:10:21,566 --> 00:10:22,909 Enough. That's enough. 232 00:10:22,967 --> 00:10:24,776 I did not kill Karin. 233 00:10:25,636 --> 00:10:27,547 Now, I've said all I want to say. 234 00:10:27,605 --> 00:10:30,279 I came here voluntarily. Now, I'm leaving. 235 00:10:30,341 --> 00:10:33,515 If you want to talk to me again, contact my attorney. 236 00:10:36,514 --> 00:10:38,516 This guy could keep snowflakes in his mouth. 237 00:10:38,583 --> 00:10:40,256 Well, if he killed her, it's probably not 238 00:10:40,318 --> 00:10:41,956 the first time he laid a hand on her. 239 00:10:42,019 --> 00:10:43,522 You check with the local precinct? 240 00:10:43,589 --> 00:10:45,068 Yeah. No record of domestic calls. 241 00:10:45,124 --> 00:10:47,070 We asked the neighbors. The walls are thick. 242 00:10:47,126 --> 00:10:49,106 They wouldn't have heard him if he shot her out of a cannon. 243 00:10:49,161 --> 00:10:51,072 She have a job? Yeah. 244 00:10:51,630 --> 00:10:55,043 Resource Development at the Shuman Foundation for Women. 245 00:10:55,100 --> 00:10:56,204 It's a charity. 246 00:10:56,268 --> 00:11:00,512 Well, if it's anything like this place, everybody knows her business. 247 00:11:02,207 --> 00:11:06,849 I do know she and Mr. Burdett were having some problems over her pregnancy. 248 00:11:07,179 --> 00:11:09,318 You mean, they had arguments? Physical arguments? 249 00:11:09,381 --> 00:11:12,590 God, no. I didn't mean to give you the wrong impression. 250 00:11:12,651 --> 00:11:14,653 I just overheard a phone call. 251 00:11:14,887 --> 00:11:16,025 She was pretty furious. 252 00:11:16,088 --> 00:11:17,567 What did she say? 253 00:11:17,623 --> 00:11:19,899 I just heard a little. She said something like, 254 00:11:19,958 --> 00:11:23,531 "It's your baby. It's damn time you took responsibility for it." 255 00:11:24,296 --> 00:11:25,798 Maybe not those exact words. 256 00:11:25,864 --> 00:11:27,810 Are you sure she was talking to Mr. Burdett? 257 00:11:27,866 --> 00:11:29,937 Well, I assumed it was him. 258 00:11:30,002 --> 00:11:31,982 Could it possibly have been someone else? 259 00:11:32,037 --> 00:11:33,072 No. 260 00:11:33,305 --> 00:11:34,682 You mean... 261 00:11:34,907 --> 00:11:39,322 No, not Mrs. Burdett. I would have picked up on something like that. 262 00:11:40,446 --> 00:11:44,189 Who would have figured in an office full of women, she kept her affair a secret? 263 00:11:44,249 --> 00:11:46,856 You'd expect she'd put a star next to her rendezvous? 264 00:11:46,920 --> 00:11:49,560 Depends how good her boyfriend is. Here we go. 265 00:11:49,622 --> 00:11:52,296 Ian Fraser, Esquire. Matrimonial Law. 266 00:11:52,959 --> 00:11:55,371 She was fooling around with a divorce lawyer? 267 00:11:55,428 --> 00:11:56,964 No, I think this was business. 268 00:11:57,030 --> 00:11:59,636 She had an appointment with him two weeks ago. 269 00:11:59,699 --> 00:12:01,645 Maybe she chose the baby over Burdett. 270 00:12:01,701 --> 00:12:06,650 "Morris Keach, Vice President of RLH Contracting" 271 00:12:07,073 --> 00:12:10,316 "and Co-Chairman of the Saint Vincent Children's Foundation." 272 00:12:10,977 --> 00:12:14,686 Here he is accepting a $10,000 check from Karin Burdett. 273 00:12:16,349 --> 00:12:20,525 And here he is sharing a cocktail with her at a Foundation luncheon. 274 00:12:20,854 --> 00:12:23,334 If they were any cozier, he'd be sharing his pants with her. 275 00:12:23,389 --> 00:12:25,630 And he's the right complexion. 276 00:12:25,992 --> 00:12:30,202 We got friendly last year, when I solicited her Foundation for a grant. 277 00:12:30,263 --> 00:12:31,970 She called me up and asked me to lunch. 278 00:12:32,031 --> 00:12:34,375 Just like that? Out of the blue? What did she want? 279 00:12:34,434 --> 00:12:35,469 Best I could figure, 280 00:12:35,535 --> 00:12:38,516 she wanted to talk about my kids. I have three. 281 00:12:38,571 --> 00:12:41,347 She wanted to know what it's like raising them in the city. 282 00:12:41,407 --> 00:12:43,717 She was looking for a good nursery school? 283 00:12:43,776 --> 00:12:47,054 No. Raising them as African Americans. 284 00:12:47,114 --> 00:12:49,993 What kind of problems they might run into. 285 00:12:50,050 --> 00:12:52,724 She was thinking of adopting an African American baby. 286 00:12:52,786 --> 00:12:55,630 Actually, Mr. Keach, she gave birth to one. 287 00:12:55,823 --> 00:12:57,029 Really? 288 00:12:58,526 --> 00:13:01,097 You think I'm the father? That's nuts. 289 00:13:01,162 --> 00:13:04,439 Look, Mr. Keach, you got yourself in a jam We can understand that. 290 00:13:04,498 --> 00:13:06,409 And Karin Burdett wouldn't let you off the hook. 291 00:13:06,467 --> 00:13:08,140 She expected help with the baby. 292 00:13:08,202 --> 00:13:09,510 Now I know you're nuts. 293 00:13:09,570 --> 00:13:11,641 CURTIS: Yeah? Where were you on Sunday morning? 294 00:13:11,705 --> 00:13:15,152 I went running at the reservoir. This is unbelievable. 295 00:13:15,709 --> 00:13:17,711 I did not sleep with Karin Burdett. 296 00:13:17,778 --> 00:13:20,054 So prove it to us. Take a paternity test. 297 00:13:20,548 --> 00:13:22,027 I want to talk to a lawyer first. 298 00:13:22,149 --> 00:13:23,389 He'll tell you we can get a warrant. 299 00:13:23,450 --> 00:13:25,794 Well, then get one. 300 00:13:31,191 --> 00:13:34,035 Until the adoption is final, the O'Briens are a little gun-shy. 301 00:13:34,094 --> 00:13:37,701 That's why they asked me to talk to you about this paternity test. 302 00:13:37,765 --> 00:13:38,800 It's very simple. 303 00:13:38,866 --> 00:13:41,642 The police think whoever killed Karin Burdett is the baby's father. 304 00:13:41,702 --> 00:13:44,615 They have a suspect, they'd like to establish paternity. 305 00:13:44,672 --> 00:13:45,810 What's in it for the O'Briens? 306 00:13:45,873 --> 00:13:46,944 Nothing. 307 00:13:47,008 --> 00:13:49,511 Isn't doing your civic duty its own reward? 308 00:13:49,578 --> 00:13:50,989 It's a headache they don't need. 309 00:13:51,046 --> 00:13:53,959 Mr. Brody, we're talking about a small blood sample from the baby. 310 00:13:54,015 --> 00:13:57,553 So you can determine that her father murdered her mother? 311 00:13:57,619 --> 00:14:00,156 Little Maggie already has more baggage than Greyhound. 312 00:14:00,222 --> 00:14:03,635 She's got inherited megaloblastic anemia. She's got asthma. 313 00:14:03,692 --> 00:14:05,035 The O'Briens' cup runneth over. 314 00:14:05,093 --> 00:14:07,903 We feel badly for them, but we have a situation. 315 00:14:09,798 --> 00:14:11,869 Well, let me talk to them. 316 00:14:12,300 --> 00:14:15,281 Ross is getting the big stall from the O'Briens. 317 00:14:15,337 --> 00:14:17,647 Keach's lawyer won't let him go anywhere near a needle. 318 00:14:17,706 --> 00:14:19,310 Can you bust his alibi? 319 00:14:19,374 --> 00:14:20,944 He was running by himself. 320 00:14:21,009 --> 00:14:23,853 We showed his picture around the reservoir. Nobody remembers him. 321 00:14:23,912 --> 00:14:27,291 Toss it back to the D.A. Let them worry about the paternity test. 322 00:14:27,349 --> 00:14:30,626 Actually, there might be another way to hook up Keach to the baby. 323 00:14:30,685 --> 00:14:34,360 The kid has an inherited medical condition. Megaloblastic anemia. 324 00:14:34,422 --> 00:14:37,892 So either Karin Burdett or Keach would have had to pass it on. 325 00:14:37,959 --> 00:14:41,429 The M.E. said whoever passed it on to the kid would be taking medication. 326 00:14:41,496 --> 00:14:43,772 Large doses of folio acid. 327 00:14:43,832 --> 00:14:46,938 Well, here's the inventory from the Burdetts' medicine cabinet. 328 00:14:47,002 --> 00:14:49,244 Folate, one milligram tablets. 329 00:14:49,905 --> 00:14:52,545 Wait a minute, that's not right. 330 00:14:52,608 --> 00:14:55,714 This prescription is made out to Joshua Burdett. 331 00:14:57,346 --> 00:14:59,986 He's the father? He's black? 332 00:15:01,083 --> 00:15:02,960 Maybe the pharmacy made a mistake. 333 00:15:03,019 --> 00:15:05,260 Or maybe he's taking it as a supplement. 334 00:15:05,321 --> 00:15:07,494 I heard it's good for thinning hair. 335 00:15:07,556 --> 00:15:09,797 Burdett has an ex-wife, right? 336 00:15:10,426 --> 00:15:12,463 Ask her if he has anemia. 337 00:15:13,362 --> 00:15:16,309 Yes, Josh has the condition. 338 00:15:16,365 --> 00:15:19,312 We were worried that he might pass it on to our son David, 339 00:15:19,368 --> 00:15:21,041 but we were lucky. 340 00:15:21,470 --> 00:15:23,973 BRISCOE: Mrs. Houston, far as you know, 341 00:15:24,040 --> 00:15:26,577 what's your ex-husband's ethnic background? 342 00:15:27,443 --> 00:15:31,152 Burdett is an old Anglo-Scottish name. 343 00:15:31,213 --> 00:15:34,057 And his mother, I think, was French-Italian. 344 00:15:34,116 --> 00:15:37,427 Did you ever meet his relatives or see any pictures of them? 345 00:15:37,486 --> 00:15:41,628 Josh was an only child, and his parents died when he was very young. 346 00:15:42,058 --> 00:15:43,264 What are you getting at? 347 00:15:43,325 --> 00:15:47,034 His late wife gave birth to a baby with megaloblastic anemia. 348 00:15:47,129 --> 00:15:49,075 The baby was part black. 349 00:15:50,167 --> 00:15:53,046 That's... Oh, what about Karin's parentage? 350 00:15:53,337 --> 00:15:55,977 Danish. About as white as you can get. 351 00:15:56,440 --> 00:15:58,716 Excuse me. 352 00:15:59,676 --> 00:16:03,920 David, would you and Veronica go upstairs please, until I'm finished? 353 00:16:05,949 --> 00:16:07,587 Thank you, honey. 354 00:16:11,188 --> 00:16:13,634 You saw my son. He's not black. 355 00:16:14,691 --> 00:16:15,761 And neither is Josh. 356 00:16:15,826 --> 00:16:18,432 I'm sorry, Mrs. Houston, but this baby... 357 00:16:18,628 --> 00:16:20,369 Karin was unstable. 358 00:16:20,964 --> 00:16:23,308 I called Josh that Sunday morning. 359 00:16:23,366 --> 00:16:25,607 He had to go out and get her some pills. 360 00:16:25,869 --> 00:16:28,713 I could hear her screaming like a banshee. 361 00:16:29,706 --> 00:16:33,017 She was capable of anything with anybody. 362 00:16:33,777 --> 00:16:35,347 We've already been down that road. 363 00:16:35,412 --> 00:16:36,948 Josh is not black. 364 00:16:37,748 --> 00:16:41,753 I was married to him for nineteen years. I'd know. 365 00:16:44,121 --> 00:16:45,259 (DOOR OPENING) 366 00:16:45,422 --> 00:16:47,231 BRISCOE: Your lawyer is on his way in. 367 00:16:48,291 --> 00:16:51,432 To pass the time, let's talk about you volunteering a blood sample. 368 00:16:51,796 --> 00:16:52,934 For what? 369 00:16:52,997 --> 00:16:54,101 A paternity test. 370 00:16:55,066 --> 00:16:58,070 You and that baby you can't run away from fast enough. 371 00:16:58,136 --> 00:17:00,207 That's ridiculous. I'm not the father. 372 00:17:00,271 --> 00:17:02,273 Well, you both have the same anemia. 373 00:17:02,340 --> 00:17:04,718 So do thousands of other people. 374 00:17:04,776 --> 00:17:07,780 First I killed Karin because she had a child by another man. 375 00:17:07,845 --> 00:17:10,052 Then I killed her because she had my child? 376 00:17:10,181 --> 00:17:11,922 Because she wanted to keep your child. 377 00:17:13,251 --> 00:17:17,597 And because everybody in your just-us-white-folks executive suite 378 00:17:17,655 --> 00:17:19,965 was gonna find out you're black, Josh. 379 00:17:20,024 --> 00:17:22,470 That's absurd. I mean, look at me. 380 00:17:27,965 --> 00:17:29,842 I want to talk to him. 381 00:17:34,539 --> 00:17:36,041 (DOOR CLOSING) 382 00:17:41,145 --> 00:17:42,818 Hello, my brother. 383 00:17:45,083 --> 00:17:48,155 Damn, look at you. 384 00:17:49,420 --> 00:17:51,627 You did it. You passed. 385 00:17:53,525 --> 00:17:57,871 You know, I thought up close I'd be able to tell, but I swear, I can't. 386 00:17:59,031 --> 00:18:02,069 So what's it like when it's just you and them? 387 00:18:05,304 --> 00:18:08,114 You laugh along when they tell the jokes? 388 00:18:09,408 --> 00:18:12,116 Oh, you know what I'm talking about, right? 389 00:18:12,978 --> 00:18:18,052 Or do you tell nigger jokes, too, just to keep up appearances? 390 00:18:18,117 --> 00:18:19,391 If you don't mind. 391 00:18:20,385 --> 00:18:25,698 Oh, am I sitting too close? What, I remind you of somebody? Your mother? 392 00:18:26,792 --> 00:18:29,329 Was she dark-skinned? High yellow? 393 00:18:30,362 --> 00:18:31,670 Redbone? 394 00:18:36,201 --> 00:18:38,442 You're scared now, aren't you? 395 00:18:39,972 --> 00:18:42,680 You been scared for almost 40 years. 396 00:18:43,475 --> 00:18:46,183 And all that fear came gushing out Sunday morning. 397 00:18:46,245 --> 00:18:48,657 You panicked. Isn't that right? 398 00:18:51,049 --> 00:18:54,862 You go ahead. Tell me what happened. 399 00:18:56,723 --> 00:19:00,671 Take the weight off, my brother. You'll feel better. 400 00:19:05,565 --> 00:19:06,703 I'm Mr. Burdett's attorney. 401 00:19:06,766 --> 00:19:09,940 You mind telling me what my client is doing here? 402 00:19:10,570 --> 00:19:13,608 We're arresting your client for the murder of his wife. 403 00:19:13,673 --> 00:19:14,947 Take him down to booking. 404 00:19:15,008 --> 00:19:16,715 BRISCOE: Josh Burdett, you're under arrest. 405 00:19:16,776 --> 00:19:18,449 You have the right to remain silent. 406 00:19:18,511 --> 00:19:21,685 Anything you do say can and will be used against you in a court of law. 407 00:19:21,748 --> 00:19:22,920 You have the right to an attorney... 408 00:19:25,318 --> 00:19:26,922 It seems he had everybody fooled. 409 00:19:26,986 --> 00:19:28,988 His whole life was a charade. It's pathetic. 410 00:19:29,055 --> 00:19:31,262 Maybe 30, 40 years ago it made more sense. 411 00:19:31,324 --> 00:19:33,861 Back then they had lynch mobs and bullwhips. 412 00:19:33,927 --> 00:19:36,669 Now they use toilet plungers. Progress. 413 00:19:37,564 --> 00:19:40,374 You confirmed that he's the father of this child? 414 00:19:40,433 --> 00:19:43,141 We're just waiting for a blood sample from the baby. 415 00:19:43,202 --> 00:19:44,840 What else? Weak alibi. 416 00:19:44,904 --> 00:19:47,578 Forensics to establish the manner of death. 417 00:19:47,640 --> 00:19:51,349 His motive being that he didn't want anyone to know he was black. Why? 418 00:19:51,411 --> 00:19:53,413 Shame, loss of friends, his work. 419 00:19:53,479 --> 00:19:55,153 I can just imagine what he was afraid of. 420 00:19:55,215 --> 00:19:57,354 Don't imagine it. Prove it. 421 00:19:57,651 --> 00:19:59,096 (PHONE RINGING) 422 00:20:01,021 --> 00:20:04,298 Madeline's phone number. I promised her you'd call. 423 00:20:05,593 --> 00:20:07,539 Ross. Yeah. 424 00:20:08,629 --> 00:20:11,269 Since when? We'll get right on it. 425 00:20:12,800 --> 00:20:14,802 That was Curtis. The adoptive mother 426 00:20:14,868 --> 00:20:16,814 has disappeared with the baby. 427 00:20:17,004 --> 00:20:18,608 I don't know where they are. 428 00:20:18,672 --> 00:20:19,742 She left without telling you? 429 00:20:19,807 --> 00:20:20,842 What's it to you? 430 00:20:20,908 --> 00:20:22,615 They can come and go as they please. 431 00:20:22,676 --> 00:20:25,316 That child's paternity is evidence in a murder. 432 00:20:25,379 --> 00:20:26,881 I'm her father. 433 00:20:26,947 --> 00:20:29,757 You're crazy if you think I'm gonna help you to prove Burdett is anything. 434 00:20:29,817 --> 00:20:31,319 Why? What are you worried about? 435 00:20:31,385 --> 00:20:33,490 If Mr. Burdett turns out to be the biological father, 436 00:20:33,554 --> 00:20:35,761 it gives him legal standing to revoke the adoption. 437 00:20:35,823 --> 00:20:37,996 His wife wanted our baby back. Maybe he does, too. 438 00:20:38,058 --> 00:20:40,937 Who told you that? Was it Mr. Burdett? 439 00:20:41,462 --> 00:20:43,305 Did he threaten you or pay you to do this? 440 00:20:43,364 --> 00:20:46,038 The paternity test could help convict Burdett of murder. 441 00:20:46,100 --> 00:20:48,273 No judge will ever grant custody to a murderer. 442 00:20:48,335 --> 00:20:49,837 Tell that to the Simpson kids. 443 00:20:50,304 --> 00:20:53,945 Mr. O'Brien, I have a court order for the paternity test. 444 00:20:54,008 --> 00:20:56,080 I can compel you to tell us where your child is. 445 00:20:56,144 --> 00:20:58,385 What are you going to do, cite him for contempt? 446 00:20:58,446 --> 00:21:00,323 His position is, he doesn't know 447 00:21:00,382 --> 00:21:02,760 where his wife and baby are. Period. 448 00:21:05,887 --> 00:21:07,525 We need that test. 449 00:21:07,589 --> 00:21:09,227 We need to turn up the heat on O'Brien. 450 00:21:09,291 --> 00:21:10,861 If he's getting paid off by Burdett, 451 00:21:10,925 --> 00:21:12,905 he's on the hook for a lot more than contempt. 452 00:21:12,961 --> 00:21:14,406 I'll get Briscoe and Curtis on it. 453 00:21:14,462 --> 00:21:17,841 Then talk to Burdett's employers. Let's nail down his motive. 454 00:21:18,667 --> 00:21:21,671 You can't be right, Ms. Ross. Josh is a straight arrow. 455 00:21:21,736 --> 00:21:23,579 If he says he's white, he's white. 456 00:21:24,472 --> 00:21:26,577 He checked white on his application. 457 00:21:26,641 --> 00:21:28,985 I thought it was illegal to ask an applicant's race. 458 00:21:29,044 --> 00:21:34,255 It is now. That was filled out in 1963. The bad old days. 459 00:21:34,949 --> 00:21:36,622 What if he'd said he was black? 460 00:21:36,685 --> 00:21:39,757 He was hired as a sales associate in our Richmond office. 461 00:21:39,821 --> 00:21:42,700 The market was southern doctors and pharmacists. 462 00:21:42,757 --> 00:21:45,169 The application would have ended up in the trash. 463 00:21:45,226 --> 00:21:48,173 And now? If the company found out he was African American? 464 00:21:48,229 --> 00:21:52,006 Now? Hell, we'd probably put him on the board. 465 00:21:52,567 --> 00:21:54,137 (CHUCKLING) Cheaper than Colin Powell. 466 00:21:55,336 --> 00:21:58,079 You're wrong about Josh. I've known the man for twenty years, 467 00:21:58,140 --> 00:21:59,551 and I never saw any hint 468 00:21:59,608 --> 00:22:01,554 he was anything but what he said he was. 469 00:22:01,610 --> 00:22:03,055 What kind of hints were you looking for? 470 00:22:03,112 --> 00:22:04,284 Well, for example, 471 00:22:04,346 --> 00:22:08,158 there was a young black man a couple of years ago. Shawn Taitt. 472 00:22:08,217 --> 00:22:10,891 A real comer Josh put under his wing. 473 00:22:11,353 --> 00:22:15,199 Then one day, he's gone. Josh had enough of the attitude. 474 00:22:15,257 --> 00:22:17,100 Everything was "black this, black that" 475 00:22:17,326 --> 00:22:18,566 Mr. Burdett fired him? 476 00:22:18,627 --> 00:22:19,799 And get us sued? 477 00:22:20,629 --> 00:22:23,473 Josh promoted him to our office in Duluth. 478 00:22:24,400 --> 00:22:29,179 One sub-zero winter, and Taitt got the idea. He quit. 479 00:22:30,840 --> 00:22:33,650 Mr. Burdett told your colleagues you had an attitude problem. 480 00:22:33,709 --> 00:22:35,689 Maybe that's what he told them, but we got along fine 481 00:22:35,745 --> 00:22:37,622 until I found out he was from Knoxville. 482 00:22:37,680 --> 00:22:40,251 What, you don't like people from Knoxville? 483 00:22:40,316 --> 00:22:41,852 I told him I had family there. 484 00:22:41,917 --> 00:22:43,794 And they knew a Burdett family. 485 00:22:43,853 --> 00:22:45,491 A black family. Mmm-hmm. 486 00:22:45,554 --> 00:22:47,761 A month later I was shipped off to Duluth. 487 00:22:47,823 --> 00:22:49,302 Did you suspect why? 488 00:22:49,358 --> 00:22:50,803 Mmm-hmm. He was passing. 489 00:22:51,494 --> 00:22:53,269 You could have sued. 490 00:22:53,963 --> 00:22:57,172 Why make trouble for the man? He's a whole other generation. 491 00:22:57,233 --> 00:22:58,474 I can just imagine what he went through, 492 00:22:58,535 --> 00:23:02,449 being a black kid in Tennessee in the '50s. 493 00:23:03,907 --> 00:23:05,113 (SIGHING) 494 00:23:05,175 --> 00:23:07,587 That's the fourteenth Burdett I've spoken to in Knoxville. 495 00:23:07,644 --> 00:23:09,817 Not one of them will claim Josh Burdett. 496 00:23:09,880 --> 00:23:11,985 What about birth records? 497 00:23:12,048 --> 00:23:14,085 They're in the Knox county clerk's office. 498 00:23:14,151 --> 00:23:16,188 They're working on it, but it might take some time. 499 00:23:16,253 --> 00:23:20,030 There's nothing in his personal records either. No birth certificate, 500 00:23:20,090 --> 00:23:22,627 no relatives in his address book, no photos. 501 00:23:22,692 --> 00:23:24,933 The paternity test might be our only way to prove he's black. 502 00:23:24,995 --> 00:23:26,372 What's happening with the O'Briens? 503 00:23:26,430 --> 00:23:28,341 The police haven't found any pay-offs by Burdett. 504 00:23:28,398 --> 00:23:31,311 But they turned up this check. 505 00:23:35,071 --> 00:23:40,077 Leonard Hillman, Esquire. Twenty thousand dollars. 506 00:23:40,143 --> 00:23:42,316 Burdett wrote it a week before his wife died. 507 00:23:42,379 --> 00:23:45,053 Hillman specializes in employment discrimination claims. 508 00:23:45,115 --> 00:23:48,722 Yeah, he sued this office two years ago. 509 00:23:48,785 --> 00:23:52,323 So, what does a white male executive need with a civil rights attorney? 510 00:23:53,089 --> 00:23:54,591 I'll ask. 511 00:23:57,594 --> 00:23:59,632 By the way, how'd it go last night? 512 00:24:00,531 --> 00:24:04,980 With Madeline? She's bright, attractive, funny. As advertised. Thanks. 513 00:24:05,036 --> 00:24:07,277 You're welcome. 514 00:24:07,338 --> 00:24:10,911 In case you're wondering, she thought you were charming, passionate. 515 00:24:10,975 --> 00:24:12,113 Passionate? 516 00:24:12,176 --> 00:24:13,280 About your work. 517 00:24:13,344 --> 00:24:14,482 (CHUCKLES) 518 00:24:16,047 --> 00:24:18,687 She said you mentioned Claire Kincaid. 519 00:24:19,217 --> 00:24:22,061 Because Madeline's brother spent three months in the hospital 520 00:24:22,119 --> 00:24:25,157 thanks to a drunk driver. I was not obsessing. 521 00:24:25,223 --> 00:24:29,194 Don't worry. For some reason she'd like to see you again. 522 00:24:34,632 --> 00:24:36,578 Yes, Mr. Burdett came to see me. 523 00:24:36,634 --> 00:24:38,841 No, I can't tell you what we discussed. 524 00:24:38,903 --> 00:24:41,713 Fine. So let's discuss my problem, Mr. Hillman. 525 00:24:41,772 --> 00:24:44,810 Just so happens in my spare time I'm president of a large company. 526 00:24:44,875 --> 00:24:45,910 Go on. 527 00:24:45,977 --> 00:24:47,251 This company doesn't hire women. 528 00:24:47,311 --> 00:24:51,088 So I've mislead my employers and the shareholders by claiming I'm a man. 529 00:24:51,149 --> 00:24:53,629 And they fell for it? Hard to believe. 530 00:24:53,684 --> 00:24:54,958 Can I be fired for that? 531 00:24:55,019 --> 00:24:58,228 As a general rule, misrepresentations not material to your work 532 00:24:58,289 --> 00:24:59,893 are not grounds for dismissal. 533 00:24:59,957 --> 00:25:04,373 So if they fire me for lying about my gender, or race, 534 00:25:04,429 --> 00:25:06,409 they're liable for a claim of wrongful termination? 535 00:25:06,465 --> 00:25:08,775 Yes. But in the hypothetical, 536 00:25:08,834 --> 00:25:12,281 most executives are employed under personal services contracts, 537 00:25:12,337 --> 00:25:16,114 which have standard provisions for termination for acts of moral turpitude. 538 00:25:16,174 --> 00:25:17,551 Such as lying. Yes. 539 00:25:17,609 --> 00:25:19,418 But, again in the hypothetical, 540 00:25:19,478 --> 00:25:23,016 that could put your considerable stocks and pension benefits at risk. 541 00:25:23,081 --> 00:25:26,358 You charge the average executive $20,000 to talk about those risks? 542 00:25:26,418 --> 00:25:29,126 No, what Joshua Burdett paid me is a retainer. 543 00:25:29,187 --> 00:25:32,168 'Cause he thought he was about to get fired? 544 00:25:32,224 --> 00:25:35,967 Because his company was about to find out he's African American? 545 00:25:36,028 --> 00:25:37,803 I can't comment. 546 00:25:38,597 --> 00:25:41,976 Burdett has a retirement package worth over $8,000,000. 547 00:25:42,034 --> 00:25:43,604 With stock options, it's double that. 548 00:25:43,669 --> 00:25:46,309 (LAUGHS) We're in the wrong business. 549 00:25:47,339 --> 00:25:49,945 Burdett concluded it'd be cheaper to kill his wife. 550 00:25:50,008 --> 00:25:52,352 Except he paid the lawyer a retainer. 551 00:25:52,411 --> 00:25:54,755 The lawyer as much as told me that Burdett and his wife had decided 552 00:25:54,813 --> 00:25:56,884 to get their baby back. 553 00:25:56,948 --> 00:25:58,689 There goes his motive. 554 00:25:59,551 --> 00:26:02,761 Why do you always give me bad news while I'm digesting? 555 00:26:03,890 --> 00:26:05,836 If it's true, why didn't Burdett tell us? 556 00:26:05,892 --> 00:26:07,769 Is there somebody he's trying to protect? 557 00:26:09,162 --> 00:26:12,371 (SIGHING) He has an ex-wife and a teenage son. 558 00:26:12,432 --> 00:26:14,537 Even if Burdett was willing to take the heat for his decision, 559 00:26:14,601 --> 00:26:15,773 maybe they weren't. 560 00:26:15,835 --> 00:26:20,750 Will you please find out what they were doing that Sunday morning? 561 00:26:20,807 --> 00:26:22,753 I'll get this. 562 00:26:23,576 --> 00:26:25,817 Frances Houston, Burdett's ex-wife, 563 00:26:25,878 --> 00:26:27,255 said she called him in the morning, 564 00:26:27,313 --> 00:26:31,591 just before he went to the pharmacy. That's confirmed by her IUDs. 565 00:26:31,651 --> 00:26:34,029 We got calls on her line and on her son's, 566 00:26:34,087 --> 00:26:38,160 roughly 20 minutes before and after Mrs. Burdett was killed. 567 00:26:38,224 --> 00:26:40,397 They live about 10 minutes from the Burdetts. 568 00:26:40,460 --> 00:26:42,337 So either of them had the time to do it. 569 00:26:42,395 --> 00:26:44,204 But look at these. 570 00:26:44,263 --> 00:26:48,336 IUDs from last week. Ms. Houston got a 12-minute collect call 571 00:26:48,401 --> 00:26:51,007 from a convenience store in Hobart, Indiana. 572 00:26:51,404 --> 00:26:53,509 The adoptive mother, don't her parents live in Indiana? 573 00:26:53,573 --> 00:26:56,645 Yes. Look at the next call Ms. Houston made. 574 00:26:58,478 --> 00:26:59,889 Western Union. 575 00:26:59,946 --> 00:27:02,859 I doubt she was sending birthday greetings. 576 00:27:02,915 --> 00:27:08,229 Ms. Houston wired $3,000 to a Mrs. Teresa Gaydos in Hobart. 577 00:27:08,288 --> 00:27:09,824 She's your mother-in-law, isn't she? 578 00:27:09,890 --> 00:27:14,168 Mr. O'Brien, hindering prosecution is a felony. 579 00:27:14,228 --> 00:27:18,870 If you don't cooperate now, today, I will prosecute you. 580 00:27:18,932 --> 00:27:20,809 You and your wife will go to jail. 581 00:27:20,868 --> 00:27:22,176 You will lose custody of your baby. 582 00:27:22,236 --> 00:27:23,271 Mr. McCoy... 583 00:27:23,337 --> 00:27:25,180 I mean it! 584 00:27:25,239 --> 00:27:28,550 People who get in the way of my murder cases get run over. 585 00:27:37,685 --> 00:27:39,892 He tells you what he knows, 586 00:27:39,954 --> 00:27:43,094 you don't press charges against him or his wife. 587 00:27:43,157 --> 00:27:45,159 Let's hear it. 588 00:27:46,660 --> 00:27:49,072 Ms. Houston came to us before Burdett was arrested 589 00:27:49,129 --> 00:27:52,372 and she said, "Watch out. Burdett didn't kill his wife." 590 00:27:53,067 --> 00:27:54,444 She said once he clears himself, 591 00:27:54,501 --> 00:27:56,037 he's gonna fight us for the baby. 592 00:27:56,103 --> 00:27:59,949 She told us to take Maggie out of state. She even offered us money. 593 00:28:00,007 --> 00:28:02,009 Did she say why she was doing this? 594 00:28:02,075 --> 00:28:05,489 I can't understand how an educated woman like her could say it, 595 00:28:05,547 --> 00:28:07,720 but she said 596 00:28:07,782 --> 00:28:11,696 she didn't want "some nappy-haired little monkey" ruining her family. 597 00:28:19,661 --> 00:28:23,404 Now you don't think he killed his wife? Thanks for telling us. 598 00:28:23,465 --> 00:28:26,969 The bad news is, we might charge him with hindering prosecution. 599 00:28:27,035 --> 00:28:28,241 Prosecution of whom? 600 00:28:28,303 --> 00:28:29,941 The police identified the fingerprints 601 00:28:30,004 --> 00:28:31,813 found in your bedroom and on the balcony. 602 00:28:31,873 --> 00:28:34,649 They found yours, your wife's, your housekeeper's, 603 00:28:34,709 --> 00:28:35,915 and your ex-wife's. 604 00:28:35,977 --> 00:28:37,547 Frances? 605 00:28:37,612 --> 00:28:40,388 She paid the O'Briens to take the baby out of state. 606 00:28:40,448 --> 00:28:42,155 We think she killed your wife. 607 00:28:44,619 --> 00:28:46,599 Anything you want to tell us, Mr. Burdett? 608 00:28:52,293 --> 00:28:54,864 Uh, excuse us. 609 00:29:01,002 --> 00:29:05,474 For now, whatever my client tells you is off the record. 610 00:29:07,710 --> 00:29:09,519 Let's hear it. 611 00:29:12,148 --> 00:29:15,595 Before we were married, I told Karin about my background. 612 00:29:15,651 --> 00:29:21,033 It was our secret. But the pregnancy was a mistake. 613 00:29:21,090 --> 00:29:24,162 We argued for weeks about terminating it. 614 00:29:24,226 --> 00:29:26,797 We finally agreed on the adoption. 615 00:29:27,930 --> 00:29:32,401 But after we gave up our baby, Karin became so unhappy. 616 00:29:33,202 --> 00:29:34,237 (SIGHING) 617 00:29:34,303 --> 00:29:38,080 I loved her, she wanted our child back, 618 00:29:39,041 --> 00:29:41,578 so that's what we decided to do. 619 00:29:42,645 --> 00:29:46,787 That Saturday, I told my son the truth about everything. 620 00:29:46,849 --> 00:29:48,590 The next morning, Frances called me. 621 00:29:48,651 --> 00:29:51,825 She said David was angry and behaving erratically. 622 00:29:51,887 --> 00:29:55,994 She begged me to reconsider. I said our mind was made up. 623 00:29:56,959 --> 00:30:01,806 I didn't know what to think after Karin died. I called Frances. 624 00:30:02,865 --> 00:30:07,110 She said Karin was dead and we had to protect our son. 625 00:30:07,938 --> 00:30:09,815 She told you your son killed your wife? 626 00:30:09,873 --> 00:30:10,977 No. 627 00:30:11,041 --> 00:30:14,488 No, not in so many words. But that's what I understood. 628 00:30:14,544 --> 00:30:17,286 That's why I misled the police. 629 00:30:19,049 --> 00:30:21,393 I discussed your offer with Ms. Houston. 630 00:30:21,451 --> 00:30:24,921 I explained that prosecutors don't just like to beat the other guy. 631 00:30:24,988 --> 00:30:26,899 They want him to limp off the field. 632 00:30:26,957 --> 00:30:29,437 No wiggle room, Ms. Joyner. 633 00:30:29,493 --> 00:30:31,598 Manslaughter one, eight-and-a-third-to-25, 634 00:30:31,661 --> 00:30:33,504 or she goes on trial for murder two. 635 00:30:33,563 --> 00:30:35,372 Then you won't like my counter. 636 00:30:35,432 --> 00:30:37,935 Second degree manslaughter, minimum time. 637 00:30:38,001 --> 00:30:41,244 That's unrealistic. We've got her prints, her pay-offs to the O'Briens. 638 00:30:41,304 --> 00:30:43,978 I said man two, minimum time. 639 00:30:44,040 --> 00:30:46,782 Do you really want to put your son through a trial, Ms. Houston? 640 00:30:46,843 --> 00:30:48,481 Let her worry about her son. 641 00:30:48,545 --> 00:30:51,719 Frankly, Ms. Joyner, I'm surprised you'd represent a bigot. 642 00:30:55,719 --> 00:30:58,825 I don't see a bigot here. I see a woman deceived 643 00:30:58,888 --> 00:31:01,994 and pushed to the brink by a self-hating coward. 644 00:31:02,058 --> 00:31:04,470 Everyone at my firm agrees, Mr. McCoy. 645 00:31:04,928 --> 00:31:06,874 No jury will ever convict her. 646 00:31:13,070 --> 00:31:15,346 This trial is about a baby. 647 00:31:17,208 --> 00:31:22,214 A child of white and African American parents. 648 00:31:23,381 --> 00:31:27,488 Karin Burdett bore it. She wanted to raise it. 649 00:31:27,551 --> 00:31:29,428 That's why she's dead. 650 00:31:32,590 --> 00:31:34,069 The evidence will show that 651 00:31:34,125 --> 00:31:38,267 Frances Houston knew Karin Burdett was home alone, 652 00:31:39,297 --> 00:31:43,439 that she struggled with her, and pushed her off of a balcony. 653 00:31:44,268 --> 00:31:46,373 That she bribed a witness. 654 00:31:47,371 --> 00:31:50,284 That she did all this because she didn't want 655 00:31:50,341 --> 00:31:52,821 her narrow-minded circle of friends 656 00:31:52,877 --> 00:31:56,620 to know that she had once been married to a black man. 657 00:31:56,681 --> 00:32:02,962 Because, as she stated in the vicious vocabulary of racism, 658 00:32:05,823 --> 00:32:08,929 she didn't want a "nappy-haired little monkey" 659 00:32:12,764 --> 00:32:15,176 ruining her good name. 660 00:32:21,607 --> 00:32:24,053 JOYNER: Mr. McCoy wants you to believe that my client is a bigot. 661 00:32:24,109 --> 00:32:25,850 Well, I'm here to tell you she's not. 662 00:32:25,911 --> 00:32:29,620 She's a realist. She knows what goes on in America. 663 00:32:30,682 --> 00:32:35,461 You'll hear that educated black men earn far less than their white counterparts. 664 00:32:35,520 --> 00:32:38,023 That black men are denied the access, the promotions, 665 00:32:38,090 --> 00:32:40,627 the memberships given to white men. 666 00:32:40,692 --> 00:32:45,539 That black men are routinely harassed and brutalized by the police. 667 00:32:45,597 --> 00:32:47,975 That's what my client was thinking about. 668 00:32:48,033 --> 00:32:50,138 She wanted to preserve for her son 669 00:32:50,202 --> 00:32:53,149 the protection the word "white" afforded him. 670 00:32:53,205 --> 00:32:56,049 She didn't want him to have a lesser life, 671 00:32:56,108 --> 00:32:59,817 because the word "black" had been added next to his name. 672 00:33:01,446 --> 00:33:02,823 If, at the end of this trial, 673 00:33:02,881 --> 00:33:07,057 you believe that my client caused the death of Karin Burdett, 674 00:33:07,119 --> 00:33:12,331 please understand it was not the premeditated act of a racist, 675 00:33:12,392 --> 00:33:15,635 but the unintentional act of a mother 676 00:33:15,695 --> 00:33:18,437 desperate to save the son she loves. 677 00:33:20,733 --> 00:33:22,940 JACK: She didn't do it because she's a racist, 678 00:33:23,002 --> 00:33:25,539 she did it to protect her son from racists. 679 00:33:25,605 --> 00:33:27,175 It explains their witness list. 680 00:33:27,240 --> 00:33:29,413 Statisticians, social scientists. 681 00:33:29,475 --> 00:33:32,183 You got to admit, that's some mitigation defense. 682 00:33:32,245 --> 00:33:33,781 Something for every prejudice. 683 00:33:33,846 --> 00:33:36,349 The white jurors wouldn't want their kids growing up black either. 684 00:33:36,416 --> 00:33:38,259 And black jurors because they know 685 00:33:38,317 --> 00:33:40,957 that the playing field isn't level? 686 00:33:41,020 --> 00:33:43,899 If I were the defense, I wouldn't count on much support there. 687 00:33:43,956 --> 00:33:46,232 How many whites on the jury? More than one? 688 00:33:46,292 --> 00:33:48,636 That's all Ms. Houston needs for a mistrial. 689 00:33:48,694 --> 00:33:50,696 If the jury disregards the facts. 690 00:33:50,763 --> 00:33:53,767 Fine, you win their minds, she wins their hearts. 691 00:33:53,833 --> 00:33:55,574 I'm not ready to concede anything. 692 00:33:55,635 --> 00:33:57,706 All we have to do is convince the jury 693 00:33:57,770 --> 00:34:01,081 that her son would be no worse off living as a black man in this country. 694 00:34:01,140 --> 00:34:05,020 You can start by making sure they never hear from these witnesses. 695 00:34:06,579 --> 00:34:08,820 JOYNER: These witnesses are relevant, Your Honor. 696 00:34:08,881 --> 00:34:11,829 Professor Murphy's study quantifies the economic discrepancies 697 00:34:11,885 --> 00:34:12,920 between the races. 698 00:34:12,986 --> 00:34:15,728 Professor Harrison's work on law enforcement practices 699 00:34:15,789 --> 00:34:16,995 has been cited in every... 700 00:34:17,057 --> 00:34:18,661 None of which has anything to do with her client. 701 00:34:18,725 --> 00:34:20,568 It goes to her state of mind, 702 00:34:20,627 --> 00:34:23,540 her fear her son would suffer the fate of many African Americans. 703 00:34:23,597 --> 00:34:27,443 Your Honor, if Ms. Joyner wants to establish her client's state of mind, 704 00:34:27,501 --> 00:34:29,208 she can call her to the stand. 705 00:34:29,269 --> 00:34:33,115 Even if I do, these witnesses are evidence that her beliefs and concerns 706 00:34:33,173 --> 00:34:35,653 about racism in this country are reasonable. 707 00:34:35,709 --> 00:34:37,689 JACK: There's no question the beliefs are reasonable. 708 00:34:37,745 --> 00:34:40,589 The issue is whether or not her client actually believes them. 709 00:34:40,647 --> 00:34:41,990 We wouldn't be here if she didn't. 710 00:34:42,049 --> 00:34:44,325 JUDGE STEIN: Simmer down, counselors. 711 00:34:44,385 --> 00:34:48,162 Ms. Joyner, the case is about the defendant's state of mind, 712 00:34:48,222 --> 00:34:50,395 not the State of the Union. 713 00:34:50,457 --> 00:34:54,872 And since these witnesses have no direct knowledge 714 00:34:54,928 --> 00:34:58,432 of what your client was thinking, they're excluded. 715 00:34:58,499 --> 00:35:00,877 Now, let's get back to court. 716 00:35:03,470 --> 00:35:06,610 Frances kept telling me we had to protect David. 717 00:35:06,673 --> 00:35:09,745 I felt I had no choice but to lie to the police. 718 00:35:09,810 --> 00:35:12,985 JACK: Before this incident, was the defendant aware you were black? 719 00:35:13,047 --> 00:35:15,459 Yes. She found out six years ago, 720 00:35:15,517 --> 00:35:18,760 when my sister appeared at our door, looking for me. 721 00:35:19,721 --> 00:35:23,259 In nearly 20 years of marriage she had never met your family? 722 00:35:23,324 --> 00:35:26,828 No. I'd cut myself off from them. 723 00:35:26,895 --> 00:35:30,274 You see, when I was a child, 724 00:35:30,331 --> 00:35:34,143 my mother always told me I had good skin, 725 00:35:34,202 --> 00:35:37,649 good features, good hair. 726 00:35:37,705 --> 00:35:41,983 Back then, in Knoxville, Tennessee, "good" meant "white." 727 00:35:42,844 --> 00:35:44,983 I was often mistaken for white. 728 00:35:45,046 --> 00:35:47,083 I could sit at the front of the bus, 729 00:35:47,148 --> 00:35:50,721 I could drink at the water fountain reserved for whites. 730 00:35:50,785 --> 00:35:53,197 You can't imagine what an advantage that was 731 00:35:53,254 --> 00:35:56,895 when you're bone-dry thirsty on a hot summer's day 732 00:35:56,958 --> 00:36:00,906 and it's another 20 blocks to a colored water fountain. 733 00:36:00,962 --> 00:36:05,433 After college, I got a good job, because I passed for white. 734 00:36:05,500 --> 00:36:09,141 I was promoted, I was transferred to New York. 735 00:36:09,938 --> 00:36:12,350 No one ever asked me if I was white. 736 00:36:12,407 --> 00:36:14,786 Frances had no reason to question me. 737 00:36:15,544 --> 00:36:17,524 JACK: After she met your sister, what happened? 738 00:36:17,580 --> 00:36:19,491 She was very upset. 739 00:36:20,649 --> 00:36:23,152 She wanted a divorce. 740 00:36:23,219 --> 00:36:25,631 In the divorce agreement, 741 00:36:25,688 --> 00:36:28,601 were any special conditions imposed by the defendant? 742 00:36:28,657 --> 00:36:30,466 Yes, Frances asked that... 743 00:36:30,526 --> 00:36:32,631 Objection. Approach, Your Honor? 744 00:36:36,565 --> 00:36:39,273 Your Honor, the witness and the defendant signed a binding agreement 745 00:36:39,335 --> 00:36:41,144 not to disclose the terms of their divorce. 746 00:36:41,203 --> 00:36:43,444 Without paying a substantial penalty. 747 00:36:43,506 --> 00:36:45,679 Mr. Burdett is willing to write Ms. Houston a check. 748 00:36:45,741 --> 00:36:47,721 There are third parties to be considered here. 749 00:36:47,776 --> 00:36:50,120 Namely, the defendant's son. 750 00:36:50,179 --> 00:36:54,719 Mr. McCoy, what term of the divorce do you want your witness to testify to? 751 00:36:54,783 --> 00:36:58,026 The defendant exacted his promise that he wouldn't tell anyone he was black. 752 00:36:58,087 --> 00:37:00,533 We'll stipulate to that, Your Honor. 753 00:37:00,589 --> 00:37:02,000 (SIGHING) All right. 754 00:37:02,057 --> 00:37:04,367 Objection sustained. 755 00:37:04,426 --> 00:37:06,872 Members of the jury, 756 00:37:06,929 --> 00:37:11,935 the defense stipulates for the record that Mr. Burdett and Ms. Houston 757 00:37:12,001 --> 00:37:17,452 agreed as a condition of their divorce not to disclose Mr. Burdett's race. 758 00:37:18,808 --> 00:37:20,515 Go on, Mr. McCoy. 759 00:37:21,144 --> 00:37:22,282 No more questions. 760 00:37:25,448 --> 00:37:29,453 Mr. Burdett, doesn't the fact that no one found out you were black 761 00:37:29,519 --> 00:37:32,329 prove you're an accomplished liar? 762 00:37:32,389 --> 00:37:34,960 I lied once, on an application form. 763 00:37:35,025 --> 00:37:37,130 After that, the question never came up. 764 00:37:37,193 --> 00:37:38,934 You passed for white because it gave you an advantage 765 00:37:38,995 --> 00:37:40,838 over other African Americans, isn't that right? 766 00:37:40,897 --> 00:37:41,932 Yes. 767 00:37:41,998 --> 00:37:43,238 You saw how blacks were treated 768 00:37:43,300 --> 00:37:45,337 by your white friends and colleagues? 769 00:37:45,402 --> 00:37:46,642 Yes. 770 00:37:46,703 --> 00:37:49,411 You didn't want that to happen to you, isn't that right? 771 00:37:49,472 --> 00:37:50,473 Yes. 772 00:37:50,540 --> 00:37:53,248 Then why make it happen for your son? 773 00:37:53,310 --> 00:37:56,587 Why did you decide now to come out of the racial closet? 774 00:37:56,646 --> 00:37:58,057 Things aren't the same anymore. 775 00:37:58,114 --> 00:37:59,149 Really? 776 00:37:59,215 --> 00:38:03,095 When you started at Northfield Pharmaceuticals, 777 00:38:03,153 --> 00:38:06,896 how many black presidents, vice-presidents and directors were there? 778 00:38:06,956 --> 00:38:08,060 None. 779 00:38:08,124 --> 00:38:09,194 And now? 780 00:38:09,259 --> 00:38:12,672 Three directors, in Human Resources and Marketing. 781 00:38:12,729 --> 00:38:16,769 Out of how many executives? Ten? Thirty? 782 00:38:16,834 --> 00:38:19,474 Nationwide, over 150. 783 00:38:19,537 --> 00:38:23,110 Well, the Reverend King can rest easy. 784 00:38:23,174 --> 00:38:26,053 His dream has finally come to pass. 785 00:38:26,110 --> 00:38:27,111 Objection. 786 00:38:27,178 --> 00:38:28,179 Withdrawn. 787 00:38:29,080 --> 00:38:31,856 There's nothing in the divorce agreement other than what I told you. 788 00:38:31,916 --> 00:38:34,863 I don't want to be taken by surprise. Why did they object? 789 00:38:34,919 --> 00:38:36,921 I have no idea what Frances was thinking. 790 00:38:36,988 --> 00:38:38,729 Now, you'll have to excuse me. 791 00:38:40,591 --> 00:38:43,367 You looked at the divorce decree, Jack. There was nothing there. 792 00:38:43,427 --> 00:38:44,804 Pull the full record of the divorce. 793 00:38:44,862 --> 00:38:47,433 Depositions, draft agreements, filings, everything. 794 00:38:47,498 --> 00:38:48,841 Most of it's probably sealed. 795 00:38:48,900 --> 00:38:50,174 Get a court order. 796 00:38:51,702 --> 00:38:54,182 I tried to reason with Karin. 797 00:38:54,238 --> 00:38:58,550 I begged her to think about Josh's son, and what she would be doing to him. 798 00:38:58,609 --> 00:39:01,112 But I wasn't getting through. 799 00:39:01,178 --> 00:39:02,987 What was going through your mind? 800 00:39:03,047 --> 00:39:05,584 (SIGHING) All I could think about was David. 801 00:39:05,650 --> 00:39:08,153 How his life would be changed. 802 00:39:08,419 --> 00:39:11,696 All of his friends are white. And all of their friends are white. 803 00:39:11,756 --> 00:39:16,603 I was afraid for him, for the same reasons that Josh kept secret his... 804 00:39:16,661 --> 00:39:17,766 Objection. 805 00:39:17,829 --> 00:39:19,137 JUDGE STEIN: Sustained. 806 00:39:20,799 --> 00:39:22,403 Go on with what happened. 807 00:39:22,467 --> 00:39:27,314 Karin said she wasn't feeling well, and that she needed some air. 808 00:39:27,372 --> 00:39:31,684 She went out onto the balcony and our argument heated up. 809 00:39:31,743 --> 00:39:35,452 At one point she was wagging her finger at me and I slapped it away. 810 00:39:35,514 --> 00:39:39,929 And then suddenly she grabbed my hair and I pushed her. 811 00:39:39,985 --> 00:39:43,558 Before I realized what was happening, she lost her balance 812 00:39:43,622 --> 00:39:46,466 and she went over the balcony. 813 00:39:47,759 --> 00:39:49,033 Was that your intent? 814 00:39:49,094 --> 00:39:50,334 No. 815 00:39:50,395 --> 00:39:52,341 All I could think about was David. 816 00:39:52,397 --> 00:39:56,368 I just wanted to protect my son, as any mother would. 817 00:39:57,102 --> 00:39:59,981 I never thought to kill Karin. 818 00:40:00,839 --> 00:40:02,580 Thank you. 819 00:40:06,878 --> 00:40:10,291 Did you seriously expect Mrs. Burdett to abandon her baby girl 820 00:40:10,349 --> 00:40:11,623 for the sake of your son? 821 00:40:11,683 --> 00:40:16,189 I don't know what I expected her to do. I just needed to talk to her. 822 00:40:16,254 --> 00:40:20,169 Because you were concerned that your son's future was in peril 823 00:40:20,226 --> 00:40:21,728 if it became known he was black? 824 00:40:21,794 --> 00:40:22,932 Yes. 825 00:40:22,995 --> 00:40:24,406 Even in this day and age? 826 00:40:24,464 --> 00:40:26,137 Oh, yes, Mr. McCoy. 827 00:40:26,199 --> 00:40:29,237 For every Tiger Woods, there's a thousand Fuzzy Zoellers 828 00:40:29,302 --> 00:40:31,578 and I did not want David to go through life 829 00:40:31,637 --> 00:40:33,241 facing that kind of prejudice. 830 00:40:33,306 --> 00:40:34,512 Prejudice where? At school? 831 00:40:34,574 --> 00:40:35,746 Oh, yes. 832 00:40:35,808 --> 00:40:38,345 Aren't there other African American students in his class? 833 00:40:38,411 --> 00:40:42,621 The only black student they have is from Bermuda. 834 00:40:44,584 --> 00:40:47,690 Who decided to send your son to this school? 835 00:40:49,689 --> 00:40:51,327 It was your decision, wasn't it, Ms. Houston? 836 00:40:51,390 --> 00:40:52,733 Objection. 837 00:40:52,792 --> 00:40:54,066 Overruled. 838 00:40:54,127 --> 00:40:56,698 Answer his question, Ms. Houston. 839 00:40:58,197 --> 00:41:00,700 My father went to the Chase Academy. 840 00:41:00,767 --> 00:41:02,440 They have excellent academics. 841 00:41:02,502 --> 00:41:05,312 And no African American students. 842 00:41:05,371 --> 00:41:07,146 Isn't that the real reason? No. 843 00:41:07,206 --> 00:41:09,345 You wanted your son to go to a white school, 844 00:41:09,409 --> 00:41:10,547 to have white friends. Isn't that right? 845 00:41:10,610 --> 00:41:11,645 No. 846 00:41:11,711 --> 00:41:13,213 Because you don't like African Americans. 847 00:41:13,279 --> 00:41:14,758 That's not true. 848 00:41:14,814 --> 00:41:16,487 You didn't want your white friends to know 849 00:41:16,549 --> 00:41:18,051 you'd been married to one, did you? 850 00:41:18,117 --> 00:41:19,824 No. That you'd shared your bed 851 00:41:19,886 --> 00:41:21,332 with a black man. No. 852 00:41:21,388 --> 00:41:22,890 Been intimate with a black man, 853 00:41:22,956 --> 00:41:24,401 a "nappy-haired little monkey"? 854 00:41:24,458 --> 00:41:26,495 That's a lie. I never said that. 855 00:41:26,560 --> 00:41:28,369 The O'Briens were lying? Objection. 856 00:41:28,429 --> 00:41:30,636 Everyone is a liar, everyone is a racist except you? 857 00:41:30,697 --> 00:41:32,074 Your Honor, I objected. 858 00:41:32,132 --> 00:41:34,305 Yes. Sustained, Mr. McCoy. 859 00:41:34,368 --> 00:41:37,008 Isn't it true, Ms. Houston, that your son has more to fear 860 00:41:37,071 --> 00:41:38,277 from your prejudice than society's? 861 00:41:38,338 --> 00:41:39,373 JOYNER: Objection. 862 00:41:39,439 --> 00:41:41,976 No, I would like to answer Mr. McCoy. 863 00:41:42,042 --> 00:41:45,353 My son is not afraid of me. 864 00:41:46,413 --> 00:41:48,757 He knows that I love him. 865 00:41:55,222 --> 00:41:56,724 No more questions. 866 00:42:01,962 --> 00:42:03,635 It has only been three days, Adam. 867 00:42:03,697 --> 00:42:05,870 Three days, 10 days. 868 00:42:05,933 --> 00:42:07,935 The jury is stalemated. 869 00:42:08,835 --> 00:42:10,974 There's always the next time. 870 00:42:11,038 --> 00:42:14,019 You have nothing better to do than prosecute this woman? 871 00:42:14,074 --> 00:42:15,178 It's a hate crime. 872 00:42:15,242 --> 00:42:18,780 If that's not worth prosecuting, what are we doing here? 873 00:42:18,845 --> 00:42:20,347 I've been paging you 874 00:42:20,414 --> 00:42:22,588 I've been breathing six-year-old dust in a warehouse, 875 00:42:22,650 --> 00:42:25,290 reliving the mother of all divorces. 876 00:42:25,820 --> 00:42:28,733 Burdett v. Burdett. It went all 15 rounds. 877 00:42:28,790 --> 00:42:31,396 These are draft agreements from Josh Burdett, 878 00:42:31,459 --> 00:42:33,905 these are from Frances Houston. 879 00:42:33,962 --> 00:42:36,636 Take a look at the custodial provisions. 880 00:42:38,700 --> 00:42:41,180 Now look at the alimony proposals. 881 00:42:43,004 --> 00:42:44,483 She's unbelievable. 882 00:42:44,539 --> 00:42:47,145 Get Mr. Burdett to confirm this. 883 00:42:48,776 --> 00:42:52,485 You're right. That's exactly what went on. 884 00:42:52,547 --> 00:42:55,323 I was traveling on business two weeks out of every month. 885 00:42:55,383 --> 00:42:57,226 I couldn't possibly take care of David. 886 00:42:57,285 --> 00:43:00,164 It would have been nice to have this information before the trial. 887 00:43:00,221 --> 00:43:02,531 We could have impeached your ex-wife's testimony. 888 00:43:03,491 --> 00:43:05,437 Mr. Burdett, if there's a re-trial, 889 00:43:05,493 --> 00:43:07,166 I'm going to use this material, 890 00:43:07,228 --> 00:43:08,707 and I'm putting you on the stand 891 00:43:08,763 --> 00:43:10,470 to authenticate it and explain what it means. 892 00:43:10,531 --> 00:43:13,740 Absolutely not. My son doesn't know anything about this. 893 00:43:13,801 --> 00:43:15,576 Mr. Burdett... I won't do it. 894 00:43:15,636 --> 00:43:17,980 Whatever happens to Frances or me, 895 00:43:18,039 --> 00:43:20,610 my son believes his parents love him. 896 00:43:20,675 --> 00:43:24,488 I won't do anything to make him think otherwise. 897 00:43:24,713 --> 00:43:26,624 I gave myself asthma for nothing. 898 00:43:26,682 --> 00:43:29,720 We can't use these unless he authenticates them. 899 00:43:29,785 --> 00:43:33,255 The jury resumes deliberations at 9:00 a.m. tomorrow. 900 00:43:33,322 --> 00:43:36,792 Call Houston's lawyer, schedule a conference for 8:30. 901 00:43:40,829 --> 00:43:42,934 No bagels and coffee? You should have told me. 902 00:43:42,998 --> 00:43:44,375 I would have brought some. 903 00:43:44,433 --> 00:43:46,709 Don't count on keeping your big appetite. 904 00:43:46,769 --> 00:43:49,773 Mr. McCoy, that jury is out of oil. 905 00:43:49,838 --> 00:43:52,409 The engine is freezing over. I can smell it. They're deadlocked. 906 00:43:52,474 --> 00:43:55,080 I'm ready to set a new trial date right now. 907 00:43:55,144 --> 00:43:58,523 And we'll hang that jury, too. And the one after that. 908 00:43:58,580 --> 00:44:01,117 One more trial, and it's over. 909 00:44:01,183 --> 00:44:04,289 Ms. Houston, we uncovered some documents relating to your divorce. 910 00:44:04,353 --> 00:44:06,458 I've highlighted the relevant portions. 911 00:44:06,522 --> 00:44:09,765 When I got a divorce, I fought for custody of my child, 912 00:44:09,825 --> 00:44:12,431 but you actually fought not to have custody. 913 00:44:12,494 --> 00:44:13,973 I don't know what you're talking about. 914 00:44:14,029 --> 00:44:15,440 It's all there in the draft agreements. 915 00:44:15,497 --> 00:44:17,101 Neither of you wanted custody. 916 00:44:17,166 --> 00:44:18,702 Your husband for practical reasons. 917 00:44:18,767 --> 00:44:20,610 And you... 918 00:44:20,669 --> 00:44:24,345 He actually had to triple the alimony payments before you'd agree. 919 00:44:26,443 --> 00:44:28,252 They're wrong. 920 00:44:28,812 --> 00:44:31,088 What I see in these papers is a negotiation. 921 00:44:31,147 --> 00:44:32,990 Whatever meaning you're reading into it... 922 00:44:33,049 --> 00:44:35,655 Was confirmed by Mr. Burdett himself. 923 00:44:35,718 --> 00:44:38,130 And he'll testify to it at her next trial. 924 00:44:38,188 --> 00:44:40,566 She didn't want the boy because he's black. 925 00:44:46,730 --> 00:44:48,175 Josh would never get up in court. 926 00:44:48,231 --> 00:44:49,608 He already agreed to do it. 927 00:44:49,666 --> 00:44:53,341 The next jury won't buy your Mary-Mother-of-God routine. 928 00:44:53,403 --> 00:44:55,542 They'll see you for who you are. 929 00:44:55,605 --> 00:44:59,883 A bigot whose racism runs so deep, you even hate your own son. 930 00:45:03,880 --> 00:45:06,622 I assume there's an offer coming? 931 00:45:06,683 --> 00:45:09,220 Man one, eight-and-a-third-to-25. 932 00:45:13,823 --> 00:45:15,996 Well, I want to see the other attorneys at the firm. 933 00:45:16,059 --> 00:45:18,266 The white attorneys? 934 00:45:18,328 --> 00:45:21,502 You walk out that door, Ms. Houston, the offer is off the table. 935 00:45:21,564 --> 00:45:23,840 You'll be retried for murder two. 936 00:45:27,938 --> 00:45:32,148 You have an attorney present. Give me your answer now. 937 00:45:49,193 --> 00:45:50,263 You have a deal. 938 00:45:50,327 --> 00:45:52,000 We'll notify the judge. 939 00:45:55,399 --> 00:45:57,811 You have no idea what I went through, Mr. McCoy. 940 00:45:57,868 --> 00:46:00,542 Only in your own mind, Ms. Houston. 941 00:46:05,843 --> 00:46:07,584 You're lucky she didn't call your bluff. 942 00:46:07,645 --> 00:46:09,625 About Burdett testifying? 943 00:46:09,680 --> 00:46:11,284 You don't feel bad about lying to her? 944 00:46:11,348 --> 00:46:12,884 She got off easy. 945 00:46:12,950 --> 00:46:16,295 Burdett's lie cost her 20 years. Mine only cost her eight.