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NARRATOR:
In the criminal justice system
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the people are represented
by two separate
yet equally important groups,
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00:00:06,907 --> 00:00:08,750
the police
who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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Unbelievable.
That moron in 6B
still doesn't recycle.
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The building could
get a citation.
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I should drop these
on his doorstep.
What do you think?
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Don't be such
a stone-crusher, Frank.
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He's just having
a rough time, is all.
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What are you talking about?
How do you know?
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Help-wanted section.
Circled ads.
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Come on, look.
He's got kids
to support, huh?
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So, cut the guy
a little slack,
all right?
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You're always so quick
to Judge people.
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Yeah, well,
if he is not responsible
enough to recycle,
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it's probably
why he lost his job
in the first place.
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Miguel, give me
your cell phone.
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Frank, you're not
gonna call him now,
are you?
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No, no, we got
a real problem here.
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I didn't know
we were selling tickets
to this one.
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They all live on the block,
Detective, they just wanna
know what's going on.
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Yeah, well, unless
they're witnesses,
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they're gonna have to
read about it in
the paper tomorrow.
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All right, you got it.
All right everybody,
let's go.
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I'm sorry,
you gotta move it back.
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What's the flavor
this morning?
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Stabbing. Couple of
maintenance men over there
found her under
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a pile of trash bags.
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She been out here
all night?
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Body temp's ice cold.
Looks like multiple wounds.
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Did you get an ID?
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Haven't found a purse
or a wallet yet.
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Wait a minute. Movie tickets.
From the Trudeau.
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The art house?
That's a couple
of blocks from here.
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8:00 p.m. show last night.
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All right. So, she got out
around 10:00, 10:30,
she's on her way home...
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Runs into the wrong guy...
Show's over.
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This woman's
really dead, huh?
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Well, it ain't
a bad hair day.
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I sell, like, 200 tickets
a night. That's pretty hard,
just to remember one person.
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Okay, what if
this woman bought them
with a credit card?
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Do you have a stub?
Uh-huh.
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Yeah, actually,
these were bought
through Moviefone.
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It'll just
take a minute.
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If you know the name
of the person
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you'd like to ID,
press one.
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This is the one she saw.
Yeah, Les Artistes d'Amour.
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The painter shows why passion
is the highest form of art.
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Sound like a date movie.
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Sounds like I'm home
watching the Knicks game.
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Well... Two tickets.
She had to go
with somebody.
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Here you go.
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The person's name
on the credit card
is Tracy Conley.
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Hey, can I keep this?
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Uh, would you just
spell the name
for us, please?
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PATRICIA: Tracy was
supposed to come by
for dinner tonight.
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Her message is still
on the machine.
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It was so rare that we
actually got a chance to see
our daughter these days.
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Why is that?
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Tracy just finished
her PhD in psychology.
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She was always
working so hard.
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Yeah, we saw the diploma
in her apartment. Columbia?
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She followed in
her father's footsteps.
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You're a psychologist?
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I mostly teach.
I don't have
a practice anymore.
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(SOBS) Her whole life,
she just wanted
to help people.
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How God could take away
somebody like that.
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We're very sorry, ma'am.
I know how hard it is
to lose a daughter.
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Who did this to her?
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ED: Right now,
we don't know.
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But we think she may have
gone to the movies with
someone prior to the attack.
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Who?
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We don't know that either.
Right now, we're hoping
to find this person
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and that he or she
may be able
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to provide us information
about what happened.
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Are there any names
that pop into your head?
Maybe a boyfriend?
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Tracy never really
shared much about
her personal life.
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She was 34,
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and we wanted
to see her get married
and have kids.
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I think she just got
tired of us asking.
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Was there anybody that
you might have asked
about recently?
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Last time she said
something about someone
who coached basketball.
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At a high school, I think.
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But I don't think
it was very serious.
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(WHISTLE BLOWING)
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Sorry about that,
I just wanted to
get practice started.
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It's okay.
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Like I was saying,
Tracy and I went out
a few months.
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When's the last time
you saw her?
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Maybe four,
five weeks ago.
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Was this a serious thing?
I mean, you just
seem pretty upset.
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Well, there was just
some unfinished business
between us.
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Unfinished business?
I was never quite sure
why she left.
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Oh, so she
broke it off.
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First few months
everything was great.
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Then Tracy, she just
backed the hell off.
Stopped returning my calls.
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Guess now I'll never
have the chance
to find out why.
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Is it possible there
was somebody else?
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Could have been
10 other guys,
for all I know.
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You never could tell
with Tracy. She was pretty
hard to read sometimes.
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Where were you
last night, Matt?
Home.
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Anybody with you?
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No. I live alone.
I spoke to a couple
of friends on the phone.
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I'm sure there's a way
you guys can check on that,
or something.
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You know
what the last thing
I said to her was?
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ED: What's that?
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Have a good life.
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Tracy Conley,
34 years young.
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Just finished
her dissertation.
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Had a therapy practice
up on 60th Street.
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The preliminary M.E. report
puts time of death sometime
around 11:00,11:30.
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Cause was
multiple stab wounds
to the upper torso.
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Multiple as in how many?
Nine.
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So we're looking
for an overachiever.
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What about witnesses?
Anyone find a weapon?
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We should be so lucky.
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Nine stab wounds.
What about an EDP?
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You talk
to the precinct yet?
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Unfortunately for us,
the neighborhood has a clean
bill of mental health.
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Do we at least know
who she went
to the movies with?
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Well, the ex that we
talked to was at home
with an alibi.
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He couldn't tell us
whether she was seeing
somebody else or not.
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So, what's next?
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Well, talk to
the parents again.
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See if we can find out
who her girlfriends were.
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If she met someone new,
she may have told
one of them.
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All right.
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Tracy didn't stay
in relationships very long.
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You mean
like with Matt?
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He made the classic mistake
they all did with her.
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Which was what?
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He cared.
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Tracy had
a commitment problem.
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Whenever anyone got
too close for comfort,
she'd push them away.
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Just what you look for
in a therapist.
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It never interfered
with her work.
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Actually, in a way,
it gave her a little more
insight into people.
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Okay, what about other exes.
I mean, did she generally
leave them on good terms?
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There weren't any
stalkers hanging around,
if that's what you're asking.
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Was there anybody new
on the scene?
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Somebody she might have
gone to the movies with
Monday night?
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A new guy?
No, I would have
heard about that.
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Wait a minute.
You said Monday night?
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BRISCOE: Right.
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Tracy always spent Mondays
with her little sister.
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Her parents never
mentioned anything about
her having a sister.
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Tracy and Monique
weren't related.
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We tell everyone interested
in volunteering for
Mentor Alliance
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that it's more than
just taking a kid out
to lunch once a week.
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You are looking
at a potential
five-to-10 year commitment.
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That must weed out
a lot of people.
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It's definitely not
for everyone.
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Tracy was the perfect
candidate though.
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Why is that?
She had roots here.
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Steady job. I remember
her interview, too.
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She said that
she wanted the most
difficult girl we had.
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ED: Really?
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00:08:20,982 --> 00:08:23,724
She said the whole
point of volunteering
was to help someone
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before they fell
through the cracks.
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Monique Thomas, 15.
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Father was killed
when she was 11.
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Discipline problems
in school.
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Sounds like
a tough customer.
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She had three
previous mentors
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prior to her placement
with Tracy.
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How was it going?
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There were some
rough spots,
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but Tracy said that
she wanted to stick with it.
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And you guys
tried her at home?
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No. We had this strange
notion that, in the
middle of the day,
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a 15-year-old might
actually be in school.
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Monique doesn't exactly
make education a priority
in her schedule.
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When was the last time
she was here?
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Tuesday.
Day after the murder.
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As you can see,
she doesn't exactly
spend a lot of time here.
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00:09:08,294 --> 00:09:10,205
This has gotta be
the boyfriend.
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Recognize this guy?
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00:09:14,300 --> 00:09:15,779
Andre Suarez.
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00:09:15,835 --> 00:09:18,247
He was a senior
until he dropped out
a month ago.
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00:09:18,537 --> 00:09:20,346
What are the chances
these two love birds
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00:09:20,406 --> 00:09:21,783
are together right now?
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00:09:24,609 --> 00:09:25,747
Yeah?
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00:09:26,111 --> 00:09:27,181
Monique here?
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00:09:27,245 --> 00:09:28,622
Who?
Monique.
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00:09:28,680 --> 00:09:31,058
Then one whose name's
all over your chest, Romeo.
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00:09:31,950 --> 00:09:33,156
No, man, she ain't here.
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00:09:33,218 --> 00:09:35,255
BRISCOE: We already
tried her house.
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00:09:36,454 --> 00:09:39,128
You know the age
of consent for somebody
in this state, Andre?
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00:09:42,393 --> 00:09:44,304
Monique?
Who are you?
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00:09:44,829 --> 00:09:47,639
We're not truant officers.
So, what do you want?
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00:09:47,699 --> 00:09:48,700
You gotta take
a ride with us.
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00:09:48,767 --> 00:09:51,076
We need to ask you
some questions
about Tracy Conley.
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00:09:51,135 --> 00:09:53,115
Hey, yo, man,
you can't be asking her
no questions, man.
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00:09:53,170 --> 00:09:54,171
She's only 15.
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00:09:54,238 --> 00:09:56,047
Oh, so you
Johnnie Cochrane now?
Shut up.
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00:09:56,106 --> 00:09:58,848
Don't worry about it, slick.
We already talked to her mom.
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00:09:58,909 --> 00:10:00,217
You called my mother?
199
00:10:00,277 --> 00:10:02,314
Yeah, she's waiting for us
down at the precinct.
Come on.
200
00:10:04,214 --> 00:10:07,354
If my daughter said she went
to the movies with Tracy,
and then straight home,
201
00:10:07,417 --> 00:10:08,760
then that's what happened.
202
00:10:08,819 --> 00:10:10,264
Ms. Thomas,
if you don't let Monique
answer the...
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00:10:10,320 --> 00:10:11,628
She doesn't need to.
204
00:10:12,289 --> 00:10:13,825
Look, are we done here?
205
00:10:14,291 --> 00:10:15,701
I gotta get back
to work.
206
00:10:20,263 --> 00:10:23,369
She makes legal aid
feel like a day at the beach.
207
00:10:23,432 --> 00:10:24,911
Let me take a shot.
208
00:10:24,967 --> 00:10:26,207
She's all yours.
209
00:10:32,475 --> 00:10:34,455
Ms. Thomas. Monique.
210
00:10:35,044 --> 00:10:36,614
I'm Lieutenant Van Buren.
211
00:10:36,712 --> 00:10:39,716
Oh, great. So you gonna
tell us we can't leave now?
212
00:10:39,782 --> 00:10:42,455
'Cause if you think
you're gonna rail road
my daughter, you're not.
213
00:10:42,517 --> 00:10:44,360
No one's trying
to rail road anyone.
214
00:10:44,419 --> 00:10:46,023
Well, then this is
just a waste of time.
215
00:10:46,087 --> 00:10:47,725
Well, I know how
it can feel that way,
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00:10:47,789 --> 00:10:50,998
especially since you
probably don't have a lot
of free time either, do you?
217
00:10:51,059 --> 00:10:52,367
That's right.
218
00:10:52,427 --> 00:10:56,204
Look, I'm a working mother
raising two boys. I know
how hard it is.
219
00:10:57,599 --> 00:10:59,579
Why do you think your mother
does that, Monique?
220
00:11:00,869 --> 00:11:03,042
So you can have
a better life.
221
00:11:03,638 --> 00:11:06,084
Same reason
she probably got you
the mentor, right?
222
00:11:06,508 --> 00:11:07,542
Tracy was
a good influence.
223
00:11:07,608 --> 00:11:09,178
I'm sure she was.
224
00:11:09,243 --> 00:11:12,417
But what I can't figure out
is if Tracy helped Monique,
225
00:11:12,813 --> 00:11:15,157
why you won't let
Monique help Tracy now?
226
00:11:15,683 --> 00:11:17,924
Because she doesn't
know anything.
227
00:11:18,485 --> 00:11:21,728
Well, now, see,
I think maybe she does
know something
228
00:11:22,356 --> 00:11:24,632
and is just
afraid to say.
229
00:11:24,692 --> 00:11:28,105
And if you want to
protect your daughter,
Ms. Thomas,
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00:11:28,429 --> 00:11:33,435
she needs to tell us
the truth, right here,
right now.
231
00:11:40,540 --> 00:11:42,042
Look at me.
232
00:11:43,209 --> 00:11:45,485
You telling
the whole story here?
233
00:11:46,346 --> 00:11:48,087
Don't you look
away from me.
234
00:11:49,115 --> 00:11:51,493
You wanna earn respect
in this world, you look
a person in the eye
235
00:11:51,551 --> 00:11:52,962
when they ask
you a question.
236
00:11:55,321 --> 00:11:56,425
Now,
237
00:11:57,690 --> 00:12:01,193
do you know anything
about what happened
to Tracy?
238
00:12:14,139 --> 00:12:18,315
He was just supposed
to grab her purse,
not kill her.
239
00:12:19,945 --> 00:12:21,788
VAN BUREN: Who are you
talking about, Monique?
240
00:12:25,017 --> 00:12:26,757
His name's Arnold.
241
00:12:26,817 --> 00:12:28,956
What else can you
tell me about him?
242
00:12:31,222 --> 00:12:33,725
I just have his cell number.
That's all I know.
243
00:12:35,726 --> 00:12:37,637
Mom, I'm so sorry.
244
00:12:48,239 --> 00:12:50,276
ED: It's cold out here.
Try him again.
245
00:12:57,314 --> 00:13:00,124
Yo, Arnold. What's up, man?
It's E.D., Monique's friend.
246
00:13:00,183 --> 00:13:01,355
You said 10 minutes.
247
00:13:01,418 --> 00:13:03,329
Turn around.
Yo.
248
00:13:03,820 --> 00:13:05,993
So, what you want?
Weed, coke?
249
00:13:06,056 --> 00:13:07,729
Just a little bit of...
(GRUNTS)
250
00:13:08,892 --> 00:13:12,396
Down on the ground!
One more step and
you're dead! Get down!
251
00:13:12,462 --> 00:13:14,806
You okay?
Yeah, man.
Get up!
252
00:13:15,565 --> 00:13:16,669
Assaulting a police officer.
253
00:13:16,733 --> 00:13:17,939
You're in big leagues
now, bro.
254
00:13:18,734 --> 00:13:19,735
Spread 'em!
255
00:13:23,539 --> 00:13:26,452
Give me that.
Oh, yeah.
Oh, that's a base hit.
256
00:13:28,377 --> 00:13:31,324
Check this out
Tracy Conley.
257
00:13:31,380 --> 00:13:33,417
You just hit one
out of the park, kid.
258
00:13:35,718 --> 00:13:37,026
BRISCOE: Down.
259
00:13:41,023 --> 00:13:45,095
Looks like Arnold here's
been a guest of ours
before, Lennie.
260
00:13:45,159 --> 00:13:48,106
Apparently,
he beat up a girlfriend,
took 1-to-3 for it.
261
00:13:48,496 --> 00:13:52,103
Well, Arnold, let me just say
on behalf of the New York
City Police Department,
262
00:13:52,166 --> 00:13:54,271
it's a pleasure to
have you back with us.
263
00:13:54,335 --> 00:13:56,372
ED: You got a history
of assaulting women, huh?
264
00:13:58,306 --> 00:14:00,081
Yeah, that's me.
265
00:14:00,141 --> 00:14:01,745
They make easy targets,
don't they?
266
00:14:01,809 --> 00:14:03,220
Especially for somebody
as big as you.
267
00:14:04,145 --> 00:14:05,215
That's what
you were thinking
268
00:14:05,279 --> 00:14:06,383
when you saw
Tracy Conley, right?
269
00:14:06,447 --> 00:14:09,223
Who?
The woman Monique
set up for you.
270
00:14:12,052 --> 00:14:14,259
Mmm-hmm. That's right.
She gave you up.
271
00:14:15,255 --> 00:14:17,235
Okay, so now what?
272
00:14:17,290 --> 00:14:19,031
BRISCOE: So, you're
admitting you robbed her?
273
00:14:19,092 --> 00:14:21,038
You already
have the plastic.
274
00:14:21,294 --> 00:14:23,001
And that woman's
probably in there
right now,
275
00:14:23,063 --> 00:14:24,838
pointing her finger
at me.
What woman?
276
00:14:25,832 --> 00:14:27,368
The one I took off, Tracy.
277
00:14:27,434 --> 00:14:28,913
Oh, so now you crazy?
278
00:14:29,469 --> 00:14:32,473
Look, I already
confessed. Y'all need
to back up off me
279
00:14:32,539 --> 00:14:33,950
and tell me
what the damn plea is.
280
00:14:34,007 --> 00:14:36,419
Tracy's not in there
because you killed
her, Arnold.
281
00:14:37,443 --> 00:14:38,717
What are you talking about?
282
00:14:38,778 --> 00:14:41,657
You stabbed her nine
times, Arnold, you think
she was gonna live?
283
00:14:41,714 --> 00:14:43,091
No, I didn't stab nobody.
284
00:14:43,149 --> 00:14:45,186
You took her money,
and when she resisted
you stuck that knife...
285
00:14:45,251 --> 00:14:46,525
No, I didn't do nothing!
286
00:14:46,585 --> 00:14:49,566
If I gotta knock your head
on all four of these walls,
I will.
287
00:14:49,789 --> 00:14:52,668
Look, I split
when some guy ran up
to try to help her.
288
00:14:52,725 --> 00:14:54,796
I swear,
I don't know nothing
about her being dead.
289
00:14:54,860 --> 00:14:55,861
VAN BUREN: Detective!
290
00:14:57,296 --> 00:14:58,639
Let him go.
291
00:15:09,274 --> 00:15:11,584
You wanna tell me what
the hell happened in there?
292
00:15:11,643 --> 00:15:13,782
Kid got a little personal
when we collared him.
293
00:15:14,045 --> 00:15:15,115
And?
294
00:15:15,180 --> 00:15:16,989
And I was trying to
get a statement.
295
00:15:17,048 --> 00:15:19,324
Preliminary forensics
on his knife.
296
00:15:19,384 --> 00:15:20,863
It wasn't the murder weapon.
297
00:15:21,352 --> 00:15:24,265
The kid's still got a record
for this kind of thing, Lou.
298
00:15:24,322 --> 00:15:26,529
Fine. We'll hold him
on the robbery for now.
299
00:15:26,591 --> 00:15:28,628
But in the meantime,
we just got a call
300
00:15:28,693 --> 00:15:30,933
from Conley's office.
Something's going on there,
301
00:15:30,994 --> 00:15:33,065
and you two need
to check it out right away.
302
00:15:39,403 --> 00:15:42,145
We got here and these
two therapists are arguing,
303
00:15:42,206 --> 00:15:44,447
accusing each other
for stealing from your vic.
304
00:15:44,508 --> 00:15:46,545
We figured it's your case,
you sort it out.
305
00:15:48,779 --> 00:15:51,225
Okay, who wants to
tell us what happened?
306
00:15:51,715 --> 00:15:52,955
(BOTH ARGUING)
307
00:15:53,016 --> 00:15:55,257
Whoa, whoa.
One doc: at a time.
308
00:15:55,985 --> 00:15:58,363
Last night, Tracy's parents
called me to ask if I could
309
00:15:58,421 --> 00:15:59,695
come in and pack up
her belongings.
310
00:15:59,755 --> 00:16:00,961
You never
told me that.
311
00:16:01,023 --> 00:16:02,661
Wait a minute.
Who actually works
in this office?
312
00:16:02,725 --> 00:16:03,760
There are three of us.
313
00:16:03,826 --> 00:16:05,772
Myself, Dr. McBride,
and Tracy.
314
00:16:05,828 --> 00:16:07,364
We see clients
different days,
split the rent.
315
00:16:07,430 --> 00:16:10,536
Yeah, but the rule is you're
not allowed to come in when
you are not seeing patients.
316
00:16:10,600 --> 00:16:11,670
So, that's what
this is about?
317
00:16:11,734 --> 00:16:13,111
Your boundaries
being violated?
318
00:16:13,169 --> 00:16:15,115
I came in,
the office door was open,
319
00:16:15,171 --> 00:16:17,310
Dr. Gerring was packing up
Tracy's laptop.
320
00:16:17,373 --> 00:16:18,647
BRISCOE: Is that right?
Yes, but I...
321
00:16:18,708 --> 00:16:20,745
I told him to stop,
but he refused.
322
00:16:21,043 --> 00:16:22,715
Said it was
none of my business.
323
00:16:22,777 --> 00:16:24,450
That's when
I called the cops.
324
00:16:24,513 --> 00:16:27,585
Dr. Gerring,
you are aware that there's
a criminal investigation
325
00:16:27,649 --> 00:16:30,152
going on regarding
Tracy Conley's murder?
326
00:16:30,218 --> 00:16:31,856
I was just trying
to save some research.
327
00:16:31,920 --> 00:16:33,092
ED: What research?
328
00:16:35,390 --> 00:16:38,269
Tracy and I had been
working on a book
for over a year.
329
00:16:38,326 --> 00:16:39,361
(SCOFFS)
330
00:16:39,427 --> 00:16:41,634
We were trying to
keep it quiet until
we had a publisher,
331
00:16:41,696 --> 00:16:43,835
lest anyone steal
our idea.
332
00:16:43,899 --> 00:16:47,403
You two see other patients,
or you just treat each other?
333
00:16:47,868 --> 00:16:51,247
So, you saw Tracy regularly
outside this office?
334
00:16:51,305 --> 00:16:52,943
We'd meet, we'd work
over the Internet.
335
00:16:53,007 --> 00:16:55,487
BRISCOE: When you heard
about Tracy's murder,
your first reaction
336
00:16:55,543 --> 00:16:57,318
was to worry
about your research?
337
00:16:58,279 --> 00:17:01,158
I know how it sounds,
but we put a lot of work
into this project.
338
00:17:01,215 --> 00:17:02,455
Tracy would have
wanted me to finish.
339
00:17:02,516 --> 00:17:03,824
And you'll take
all the credit.
340
00:17:03,884 --> 00:17:06,125
Well, we're still gonna
have to take this.
341
00:17:06,187 --> 00:17:07,996
GERRING: But I haven't
downloaded the files yet.
342
00:17:08,389 --> 00:17:10,096
If I were you,
I'd be more
concerned about
343
00:17:10,157 --> 00:17:13,502
downloading the details
of your alibi
for Monday night.
344
00:17:15,528 --> 00:17:18,031
And we're sure
Gerring's relationship
with Conley
345
00:17:18,097 --> 00:17:19,303
was strictly
professional?
346
00:17:19,365 --> 00:17:20,366
His wife seems
to think so.
347
00:17:20,433 --> 00:17:22,606
Also, his alibi
checks out.
348
00:17:22,669 --> 00:17:25,650
Hotel receipts
and airline tickets
prove he was in Boston
349
00:17:25,705 --> 00:17:27,116
at the time of the murder.
350
00:17:27,173 --> 00:17:28,550
I'd still like
another crack at Arnold.
351
00:17:28,608 --> 00:17:32,920
Well, he lawyered up once
Monique agreed to cooperate
against him for the robbery.
352
00:17:33,680 --> 00:17:36,593
Look, he's not going
anywhere, Detective.
353
00:17:36,649 --> 00:17:40,062
You find a murder
weapon or a witness,
I'll bring it to the D.A.
354
00:17:40,119 --> 00:17:43,691
In the meantime,
we follow this investigation
where it leads us.
355
00:17:43,755 --> 00:17:46,668
Now, what was so important
about this research
356
00:17:46,725 --> 00:17:49,069
that Gerring tried to
steal her computer?
357
00:17:49,128 --> 00:17:51,699
Some psychology study he says
they were working on.
358
00:17:51,763 --> 00:17:53,834
A study about what?
We're not sure.
359
00:17:53,899 --> 00:17:56,277
Well, keep digging
into what's left
of her personal life
360
00:17:56,335 --> 00:17:58,008
or get someone to
check out this research.
361
00:17:58,070 --> 00:18:00,778
Maybe there's
a patient worth
taking a look at.
362
00:18:05,377 --> 00:18:06,980
DR. SKODA: Certainly a wide
cross-section of subjects
363
00:18:07,044 --> 00:18:08,546
your therapist had
in this study.
364
00:18:08,613 --> 00:18:11,321
ED: We were hoping
that somebody would
just pop out at you.
365
00:18:11,916 --> 00:18:14,362
If I could've gotten
into her individual
session files, maybe,
366
00:18:14,418 --> 00:18:16,227
but those are all
password protected.
367
00:18:17,021 --> 00:18:19,433
The only thing
that's readable
are her general notes.
368
00:18:19,891 --> 00:18:21,996
Anything interesting
at least?
369
00:18:22,693 --> 00:18:25,196
Basically, those notes
are clinical assessments of
370
00:18:25,263 --> 00:18:28,142
forty something
males and females
who correspond to research
371
00:18:28,199 --> 00:18:30,839
on early socialization
attributed to
pre-school exposure.
372
00:18:30,902 --> 00:18:33,006
You lost me
after "basically."
373
00:18:33,770 --> 00:18:36,717
Your shrink was
trying to predict
anti-social behavior
374
00:18:36,773 --> 00:18:39,413
by looking at her subjects'
early childhood experience.
375
00:18:39,476 --> 00:18:42,980
Did she predict that
somebody would grow up
and murder their therapist?
376
00:18:43,947 --> 00:18:45,893
You'd have to get into
her actual session notes.
377
00:18:45,949 --> 00:18:47,257
That's where
any clues would be.
378
00:18:47,317 --> 00:18:48,762
BRISCOE: What kind of clues?
379
00:18:49,319 --> 00:18:51,765
First thing I'd look for
would be some sort of
physical abuse.
380
00:18:51,821 --> 00:18:52,925
Possibly sexual.
381
00:18:53,456 --> 00:18:56,926
And because
the nature of your murder
was particularly vicious,
382
00:18:56,993 --> 00:18:59,302
I'd focus on anyone
who could've felt betrayed
by their therapist.
383
00:19:00,129 --> 00:19:03,201
At 150 an hour that'd be
practically everybody,
wouldn't it?
384
00:19:04,533 --> 00:19:06,979
So, how do you break
somebody's password?
385
00:19:07,036 --> 00:19:09,414
If I told you,
you wouldn't come
to see me anymore.
386
00:19:10,506 --> 00:19:11,678
We're in.
387
00:19:12,107 --> 00:19:14,314
Can you print out the names
of her patients?
388
00:19:14,643 --> 00:19:16,316
Just need to find
the right file.
389
00:19:17,947 --> 00:19:20,120
Wait, that's pretty
interesting.
What's that?
390
00:19:20,916 --> 00:19:22,156
When did you say
this murder occurred?
391
00:19:22,217 --> 00:19:23,423
It was the 19th. Why?
392
00:19:24,053 --> 00:19:26,054
Pretty much all
word processing programs
393
00:19:26,120 --> 00:19:27,656
record the time and date
of files modified,
394
00:19:27,722 --> 00:19:29,565
let's you see the last time
you worked on it.
395
00:19:29,624 --> 00:19:31,001
All these
396
00:19:31,059 --> 00:19:33,039
have dates showing they were
accessed before the 19th,
397
00:19:33,094 --> 00:19:34,402
but this one...
398
00:19:34,963 --> 00:19:37,341
ED: Was modified
the day after the murder.
399
00:19:37,398 --> 00:19:40,242
Wait. Can you pull up
that file the way it was
before it was changed?
400
00:19:40,301 --> 00:19:43,145
I told you, Detective,
I can pull up anything.
401
00:19:45,073 --> 00:19:47,110
Virgil Rice, male,
42 years old.
402
00:19:47,175 --> 00:19:50,952
Treated for depression
and anxiety related to
stress in the workplace.
403
00:19:51,011 --> 00:19:53,184
That's what the file said
after it was changed.
404
00:19:53,246 --> 00:19:55,192
This is how it read before.
405
00:19:56,416 --> 00:19:58,453
Four years
on a rape charge,
406
00:19:58,518 --> 00:20:00,293
previous conviction
for assault,
407
00:20:00,354 --> 00:20:02,960
released from Sing Sing
six months ago.
408
00:20:03,023 --> 00:20:04,900
It's a whole different
Virgil Rice.
409
00:20:04,958 --> 00:20:07,996
If he was seeing
Tracy Conley as
a condition of parole...
410
00:20:08,061 --> 00:20:10,098
Doesn't look like
things went too well.
411
00:20:10,163 --> 00:20:12,040
Tracy's notes from
the original file
412
00:20:12,099 --> 00:20:14,978
show Virgil's boss
caught him
downloading porn
413
00:20:15,035 --> 00:20:16,173
off the Internet at work.
414
00:20:16,236 --> 00:20:18,146
She was about to recommend
a parole violation.
415
00:20:18,204 --> 00:20:19,706
He'd be facing five years.
416
00:20:19,772 --> 00:20:21,012
Only according
to her notes,
417
00:20:21,073 --> 00:20:22,746
she never got
to tell his P.O.
418
00:20:22,808 --> 00:20:24,754
Her next report wasn't due
for a couple of weeks.
419
00:20:24,810 --> 00:20:25,880
Rice found out.
420
00:20:25,945 --> 00:20:28,653
He was in her office
three times a week,
for six months.
421
00:20:28,714 --> 00:20:32,161
Yeah, so she turns her back,
goes to the bathroom,
422
00:20:32,218 --> 00:20:35,097
he sees her notes,
gets a hold of
her password somehow.
423
00:20:35,154 --> 00:20:37,327
That's exactly the kind
of betrayal scenario
424
00:20:37,390 --> 00:20:38,664
Skoda said we should
be looking for.
425
00:20:39,158 --> 00:20:40,330
Pick him up.
426
00:20:50,769 --> 00:20:53,375
Would you say
your orange juice had
too little pulp,
427
00:20:53,905 --> 00:20:56,511
too much pulp,
or just the right amount
of pulp?
428
00:20:56,574 --> 00:20:58,884
It's The Three Bears.
Virgil Rice.
429
00:20:59,477 --> 00:21:02,356
What's this about?
It ain't about O.J.
430
00:21:08,186 --> 00:21:10,791
So, you been getting your
head shrunk, Virgil?
431
00:21:10,854 --> 00:21:14,358
Three times a week,
exactly like my P.O. told me.
432
00:21:15,325 --> 00:21:17,931
But then, I'm sure
you know that.
433
00:21:18,529 --> 00:21:20,941
ED: So, you went on Tuesday?
Yeah.
434
00:21:21,532 --> 00:21:24,035
I went. Dr. Conley
wasn't there.
435
00:21:24,568 --> 00:21:25,876
I figured something
came up.
436
00:21:26,437 --> 00:21:28,644
You know what I find
curious, Virgil?
437
00:21:29,440 --> 00:21:31,511
You haven't
asked us what
this is all about.
438
00:21:32,276 --> 00:21:34,483
Cops are like sharks.
439
00:21:35,112 --> 00:21:37,318
The more you thrash,
the more they attack.
440
00:21:37,880 --> 00:21:39,826
Is that what it's like
when you rape women?
441
00:21:41,884 --> 00:21:43,261
I'm in recovery.
442
00:21:43,319 --> 00:21:46,493
Does your recovery
include downloading porn
off the Internet?
443
00:21:46,989 --> 00:21:50,835
I don't do that.
That violates parole.
444
00:21:50,893 --> 00:21:54,500
ED: That is exactly what
we thought when we read
about it in your file.
445
00:21:54,564 --> 00:21:57,636
BRISCOE: You know, they
told us that the problem
with that delete button
446
00:21:57,700 --> 00:22:01,671
is that you always leave
a little copy someplace
on the hard drive.
447
00:22:02,504 --> 00:22:05,610
Now, tell me,
what kind of a perv
would stab
448
00:22:05,674 --> 00:22:07,551
the only person
who's trying to help?
449
00:22:07,609 --> 00:22:09,282
He's a rapist.
Any woman I know
450
00:22:09,344 --> 00:22:10,448
would want you
to rot in jail.
451
00:22:10,512 --> 00:22:13,459
Tracy Conley at least
thought you were worth
trying to rehabilitate.
452
00:22:13,515 --> 00:22:14,687
You don't know
what you're
talking about.
453
00:22:14,750 --> 00:22:16,354
She counseled you.
She listened to you.
454
00:22:16,418 --> 00:22:18,625
She had her own agenda
She was your therapist.
455
00:22:18,687 --> 00:22:20,223
Her agenda was trying
to help you.
456
00:22:20,288 --> 00:22:22,199
She was out to screw me
from the very beginning.
457
00:22:22,257 --> 00:22:24,498
She got what she deserved.
458
00:22:24,559 --> 00:22:25,663
(KNOCK ON DOOR)
459
00:22:27,229 --> 00:22:30,038
Jasmine Kosovich,
Mr. Rice's attorney.
460
00:22:30,097 --> 00:22:32,043
Sorry to break up
the party.
461
00:22:36,403 --> 00:22:37,609
So, the theory is
he killed her
462
00:22:37,671 --> 00:22:39,617
because she was about
to violate his parole?
463
00:22:39,673 --> 00:22:41,152
He owed another five years.
464
00:22:41,675 --> 00:22:44,178
And she was foolish enough
to disclose that,
465
00:22:44,245 --> 00:22:45,883
prior to filing
her recommendation?
466
00:22:45,946 --> 00:22:48,654
I talked
to his parole officer.
She hadn't told him yet.
467
00:22:48,716 --> 00:22:51,060
So, how did
Rice find out?
468
00:22:51,118 --> 00:22:54,031
Well, somehow
he got access
to her computer.
469
00:22:54,088 --> 00:22:57,125
And the day
after the murder,
Rice's file was altered.
470
00:22:57,557 --> 00:23:00,401
Anything mentioning
his parole violation
was deleted.
471
00:23:01,528 --> 00:23:03,633
I thought those files
were password protected.
472
00:23:03,696 --> 00:23:04,800
Well, according
to our techie,
473
00:23:04,864 --> 00:23:06,434
they're not all that hard
to break these days.
474
00:23:06,499 --> 00:23:09,810
And three sessions a week,
he would have had plenty
of opportunity.
475
00:23:10,270 --> 00:23:14,218
It also doesn't explain
how the file was altered
the day after she was killed.
476
00:23:14,874 --> 00:23:16,547
Unless he broke
into her office.
477
00:23:17,210 --> 00:23:19,315
There weren't any signs
of forced entry.
478
00:23:19,379 --> 00:23:21,187
The file wasn't
altered on its own.
479
00:23:21,647 --> 00:23:23,957
Well, I'll have
Briscoe and Green
toss his place again.
480
00:23:26,385 --> 00:23:28,058
There's nothing
in the kitchen.
481
00:23:28,720 --> 00:23:30,461
I found some keys
in a desk drawer,
482
00:23:30,522 --> 00:23:32,900
but nothing that looks
like the key to the office.
483
00:23:32,958 --> 00:23:34,266
You know, Lennie,
this doesn't make
any sense.
484
00:23:34,326 --> 00:23:35,566
I checked
this dude's rap sheet,
485
00:23:35,627 --> 00:23:37,470
his MO was deserted
streets and parking lots.
486
00:23:37,529 --> 00:23:39,440
I figured, if he had
the talent to break
into somebody's place,
487
00:23:39,498 --> 00:23:40,738
he'd have
done it already.
488
00:23:40,799 --> 00:23:42,972
Maybe he never needed
to break in before.
489
00:23:43,035 --> 00:23:45,208
What are you saying,
this shrink
made house calls?
490
00:23:45,270 --> 00:23:48,250
I'm saying maybe
he got all his information
over the phone.
491
00:23:48,906 --> 00:23:51,011
"A Cyberhead's Guide
To Eavesdropping. "
492
00:23:51,075 --> 00:23:53,783
Yeah, let your fingers
do the walking.
493
00:23:54,579 --> 00:23:56,855
Looks like
he sent her a worm.
Worm?
494
00:23:56,914 --> 00:23:58,587
It's sort of like
a computer virus.
495
00:23:58,649 --> 00:24:00,287
It was probably sent
to her as an attachment
496
00:24:00,351 --> 00:24:02,160
to an e-mail.
She opens it,
497
00:24:03,221 --> 00:24:04,222
and he's in.
498
00:24:05,256 --> 00:24:08,203
Reason number 37 for me
not to open my e-mail.
499
00:24:08,259 --> 00:24:09,897
Don't nobody
send you e-mail.
500
00:24:10,428 --> 00:24:12,839
Whoever sent this
was able to monitor
her activity
501
00:24:12,896 --> 00:24:14,136
keystroke by keystroke.
502
00:24:14,197 --> 00:24:16,074
Oh, wait a minute,
are you telling us
that Rice was able to
503
00:24:16,132 --> 00:24:18,203
see everything
that she typed
as she typed it?
504
00:24:18,802 --> 00:24:21,510
Every website she visited,
every document she worked on.
505
00:24:21,571 --> 00:24:23,050
What about
altering her files?
506
00:24:23,106 --> 00:24:25,211
He would have had complete
control of her laptop,
507
00:24:25,275 --> 00:24:26,948
as if he was sitting
at the keyboard.
508
00:24:27,010 --> 00:24:28,353
BRISCOE: How hard
is this to do?
509
00:24:28,411 --> 00:24:30,084
Anyone with a computer
can do it.
510
00:24:30,146 --> 00:24:32,683
Can we prove Rice sent
the worm that you found?
511
00:24:32,749 --> 00:24:34,285
CAMP: She deleted the e-mail.
512
00:24:34,351 --> 00:24:36,957
It still leaves a fragment
on the hard drive, but...
513
00:24:37,020 --> 00:24:39,158
ED: Not enough to reconstruct
who actually sent it.
514
00:24:39,221 --> 00:24:40,894
So, as far as
the court's concerned,
515
00:24:40,956 --> 00:24:42,958
we have an interesting theory
and not much else.
516
00:24:43,025 --> 00:24:44,265
Not necessarily.
517
00:24:44,760 --> 00:24:47,297
I also found something
on his computer.
518
00:24:49,265 --> 00:24:52,405
Information he couldn't
have gotten from the worm
program by itself.
519
00:24:52,468 --> 00:24:54,175
What sort of information?
520
00:24:54,236 --> 00:24:56,147
CAMP: Bank accounts,
credit history,
521
00:24:56,205 --> 00:24:58,981
her driving record.
And this.
522
00:25:05,113 --> 00:25:07,218
Raped?
In college.
523
00:25:07,282 --> 00:25:10,559
The computer tech found
posts she'd made
to a survivor chat room.
524
00:25:10,618 --> 00:25:12,325
They were in a file
on Rice's computer.
525
00:25:12,387 --> 00:25:15,493
A rapist finds out his
therapist is a rape victim.
526
00:25:15,556 --> 00:25:17,627
Explains what he meant
when he said that
she was out to get him.
527
00:25:18,026 --> 00:25:21,098
He fits Skoda's pattern
of a patient who would
have felt betrayed.
528
00:25:21,663 --> 00:25:24,837
And he obtained
all this information from
the computer worm program?
529
00:25:24,899 --> 00:25:28,472
No, he got the chat room
posts before he ever
sent Conley the worm.
530
00:25:28,536 --> 00:25:29,879
From where?
531
00:25:29,938 --> 00:25:33,316
An online data
brokerage company
called Access Nation.
532
00:25:33,373 --> 00:25:35,876
We think he came across
the company while he was
doing telemarketing.
533
00:25:35,943 --> 00:25:37,354
Data brokerage?
534
00:25:37,411 --> 00:25:39,982
They're kind of like
an online Pl firm.
535
00:25:40,047 --> 00:25:41,958
We found the references
to them on Rice's computer.
536
00:25:42,015 --> 00:25:44,359
They probably were
the ones who sold him
the chat room posts.
537
00:25:44,851 --> 00:25:46,489
If they did,
we're gonna need a witness.
538
00:25:47,921 --> 00:25:48,956
Nail it down.
539
00:25:52,259 --> 00:25:54,899
Well, we've been
pretty much immune from
the whole tech downturn.
540
00:25:54,961 --> 00:25:57,497
In fact,
the market for personal data
just gets bigger and bigger,
541
00:25:57,563 --> 00:25:59,099
especially in the wake
of September 11th.
542
00:25:59,165 --> 00:26:01,270
People want to know
what their neighbors
are up to, you know?
543
00:26:01,334 --> 00:26:03,541
Exactly what kind of
services do you provide?
544
00:26:03,602 --> 00:26:06,412
We sell information
gathering services,
as well as software.
545
00:26:06,472 --> 00:26:08,179
In other words, spyware.
546
00:26:08,240 --> 00:26:11,744
Well, the information's
already out there.
We just hunt and gather.
547
00:26:12,445 --> 00:26:14,356
What about
chat room postings?
548
00:26:17,883 --> 00:26:19,123
May I ask
why you want to know?
549
00:26:19,585 --> 00:26:21,758
We're investigating
a case involving
one of your clients.
550
00:26:21,821 --> 00:26:24,232
We're just trying to
figure out what kind of
information he bought here.
551
00:26:24,289 --> 00:26:26,030
I'm afraid
I can't divulge that.
552
00:26:26,091 --> 00:26:27,832
It's a homicide
investigation.
553
00:26:27,892 --> 00:26:29,428
I'm sorry,
554
00:26:29,494 --> 00:26:32,100
but we contractually
guarantee the privacy
of all our clients.
555
00:26:32,831 --> 00:26:35,038
I can be back here
with a subpoena in an hour.
556
00:26:35,100 --> 00:26:37,979
Divulging our techniques
would be revealing
trade secrets.
557
00:26:38,736 --> 00:26:41,273
If you're gonna come
with a subpoena,
you better bring a big one.
558
00:26:42,574 --> 00:26:44,520
They're hiding behind
trade secrets.
559
00:26:45,577 --> 00:26:49,081
Which probably gives them
enough of a legal argument
to delay our subpoena.
560
00:26:49,147 --> 00:26:51,023
Is there any other way
to tie Rice to them?
561
00:26:51,081 --> 00:26:54,619
We can link four charges
on his credit card
to Access Nation.
562
00:26:54,685 --> 00:26:56,392
The first ones were for
information packages.
563
00:26:56,453 --> 00:26:58,194
The last one
was for the worm.
564
00:26:58,255 --> 00:27:00,895
This guy was a stalker
by nature, Jack.
565
00:27:00,958 --> 00:27:06,032
So, he stumbles on the fact
that she's a rape survivor,
he buys the worm...
566
00:27:06,396 --> 00:27:07,704
And the fuse is lit.
567
00:27:09,199 --> 00:27:11,839
It's hard to believe
a person's life can be
so easily accessed.
568
00:27:11,902 --> 00:27:12,937
(KNOCK ON DOOR)
569
00:27:13,537 --> 00:27:14,948
So much
for chatting with
570
00:27:15,005 --> 00:27:18,178
my college roommate
in London for the price
of a local call.
571
00:27:18,241 --> 00:27:20,619
But all this
is still speculation.
572
00:27:22,145 --> 00:27:25,649
Motion to suppress Rice's
statement and the contents
of his computer.
573
00:27:31,954 --> 00:27:34,230
SERENA: "She got
what she deserved."
That's an admission.
574
00:27:34,290 --> 00:27:36,930
What they did violates
doctor-patient privilege.
575
00:27:36,993 --> 00:27:40,202
Virgil Rice signed
a waiver of any privilege
as a condition of parole.
576
00:27:40,263 --> 00:27:43,505
His therapist was free to
share the contents of his
file with his parole officer
577
00:27:43,565 --> 00:27:44,873
and the state of New York.
578
00:27:44,933 --> 00:27:46,310
Just because my client
signed a waiver
579
00:27:46,368 --> 00:27:48,405
shouldn't give some guy
from the Department
of Transportation
580
00:27:48,470 --> 00:27:49,778
the right to read
his medical file.
581
00:27:49,838 --> 00:27:51,408
Never happened.
582
00:27:51,473 --> 00:27:54,579
When Tracy Conley
was murdered, her possessions
passed to her parents.
583
00:27:55,010 --> 00:27:56,512
They consented to
a search of the laptop.
584
00:27:56,578 --> 00:27:58,023
But not her patients' files.
585
00:27:58,079 --> 00:27:59,217
When the police broke
that password,
586
00:27:59,281 --> 00:28:02,091
it was the same
as if they broke the lock
on her file cabinet,
587
00:28:02,150 --> 00:28:04,926
then they used that
information to obtain
a statement from Mr. Rice
588
00:28:04,986 --> 00:28:06,795
and to search his apartment.
589
00:28:06,855 --> 00:28:08,095
I'm sorry,
but I can't imagine
590
00:28:08,156 --> 00:28:10,294
anything more personal
than a medical file.
591
00:28:10,758 --> 00:28:13,102
Parole or no parole,
I am not comfortable
592
00:28:13,160 --> 00:28:16,232
with the police
sitting with a technician,
breaking a password
593
00:28:16,297 --> 00:28:19,210
obviously intended
by his therapist
to keep the public out.
594
00:28:19,266 --> 00:28:21,644
Take the information
in the medical file
out of the equation,
595
00:28:21,702 --> 00:28:24,273
there is no reason
for the police to
search Mr. Rice's home.
596
00:28:24,338 --> 00:28:27,842
JACK: If Your Honor conducted
a hearing, I'm sure these
detectives would tell you
597
00:28:27,908 --> 00:28:29,910
that a violent felon
with connections
598
00:28:29,977 --> 00:28:32,890
to the victim would be first
on their list of people
whose homes they'd search.
599
00:28:32,947 --> 00:28:35,017
People's position's correct.
600
00:28:35,582 --> 00:28:37,755
While the defendant's
statement was obtained using
601
00:28:37,817 --> 00:28:39,353
the contents
of his medical file,
602
00:28:39,419 --> 00:28:41,524
the items recovered
from his apartment
603
00:28:41,588 --> 00:28:43,659
weren't and would have been
inevitably discovered.
604
00:28:44,557 --> 00:28:47,663
Your client's
statement is out.
Everything else is in.
605
00:28:49,329 --> 00:28:51,832
She ruled Rice
had a reasonable
expectation of privacy
606
00:28:51,898 --> 00:28:52,968
in his therapy files.
607
00:28:53,032 --> 00:28:54,978
Despite the parole waiver?
608
00:28:55,034 --> 00:28:58,481
Well, she still took issue
how we accessed Tracy
Conley's computer files.
609
00:28:58,872 --> 00:29:00,782
If we hadn't,
Rice would still
be out there.
610
00:29:00,839 --> 00:29:03,183
So, we have
no physical evidence,
no witnesses.
611
00:29:03,242 --> 00:29:06,246
Everything still adds up,
the motive,
the worm program.
612
00:29:06,311 --> 00:29:08,188
I think we can get a jury
to add two plus two.
613
00:29:08,247 --> 00:29:12,821
And a good defense attorney
can get them to say it's 17.
Offer him a plea.
614
00:29:16,889 --> 00:29:19,893
So, this guy
murders our daughter
615
00:29:19,958 --> 00:29:23,098
and all he gets is 10 years
for manslaughter?
616
00:29:23,161 --> 00:29:25,698
Ten plus the five
for violating parole.
617
00:29:25,764 --> 00:29:27,071
He'll serve 15.
618
00:29:27,565 --> 00:29:29,977
But only 10
for Tracy's murder.
619
00:29:31,469 --> 00:29:32,812
PATRICIA:
I can't believe this.
620
00:29:33,704 --> 00:29:35,581
How could his confession
be suppressed?
621
00:29:36,507 --> 00:29:38,316
SERENA: I know that
it's hard to understand.
622
00:29:39,677 --> 00:29:41,315
What does that mean exactly?
623
00:29:42,146 --> 00:29:43,750
PATRICIA: It means
the police screwed up.
624
00:29:43,814 --> 00:29:45,760
Patricia, please...
if they opened
this guy's file
625
00:29:45,816 --> 00:29:47,523
when they
weren't supposed to,
they screwed up.
626
00:29:47,585 --> 00:29:49,656
Now, why should Tracy
get penalized for that?
Please.
627
00:29:50,321 --> 00:29:52,858
Let's try to figure out
what's happening here.
628
00:29:55,125 --> 00:29:56,468
This isn't helping.
629
00:29:58,528 --> 00:29:59,836
I'm sorry.
630
00:30:00,931 --> 00:30:02,308
I just...
631
00:30:05,001 --> 00:30:07,277
Isn't there
anything we can do?
632
00:30:08,205 --> 00:30:09,616
Can we talk to the judge?
633
00:30:10,707 --> 00:30:11,913
I'm afraid that won't help.
634
00:30:13,510 --> 00:30:15,353
PATRICIA: Our only child
was murdered.
635
00:30:16,446 --> 00:30:17,550
And you come and tell us
636
00:30:17,614 --> 00:30:19,957
that the man
who killed her had his
privacy rights violated?
637
00:30:21,183 --> 00:30:23,424
But when that creep
was stalking
our daughter online,
638
00:30:23,485 --> 00:30:25,396
where was
the law for her?
639
00:30:25,454 --> 00:30:27,229
Who was protecting
her rights?
640
00:30:35,364 --> 00:30:39,278
Parents are right.
Rice's privacy is protected
by the court,
641
00:30:39,335 --> 00:30:43,181
while their daughter's life
is an open book being read
by a convicted rapist.
642
00:30:43,906 --> 00:30:47,182
Like it or not, judges are
going to hold the government
to a higher standard.
643
00:30:47,242 --> 00:30:49,518
The threat faced
by Tracy Conley
644
00:30:49,577 --> 00:30:50,885
had nothing to do
with the government.
645
00:30:51,412 --> 00:30:53,688
If you're talking
about Access Nation,
646
00:30:53,748 --> 00:30:56,786
there's nothing in the law
that prohibits what they did.
647
00:30:57,185 --> 00:31:01,031
They repeatedly sold
personal information
to a convicted criminal.
648
00:31:01,556 --> 00:31:04,059
Concern for Tracy Conley's
safety was non-existent.
649
00:31:04,125 --> 00:31:05,160
(KNOCK ON DOOR)
650
00:31:05,226 --> 00:31:06,466
Yes.
651
00:31:07,762 --> 00:31:09,901
I've got those
Grand Jury subpoenas.
652
00:31:09,964 --> 00:31:12,807
What subpoenas?
Access Nation.
653
00:31:12,866 --> 00:31:13,867
LEWIN: Now, wait a minute.
654
00:31:14,501 --> 00:31:17,038
If we go after these people,
we're going to have to
prove they knew
655
00:31:17,104 --> 00:31:21,280
there was a danger here
and that they recklessly
chose to ignore it.
656
00:31:21,341 --> 00:31:23,184
SERENA: Take a look at
what they're peddling.
657
00:31:23,243 --> 00:31:24,449
When they gave
Rice the worm,
658
00:31:24,511 --> 00:31:27,355
they gave a predator
the tools to stalk
this woman.
659
00:31:28,482 --> 00:31:30,257
I've been doing
some investigating
on my own,
660
00:31:30,317 --> 00:31:31,990
and I've got
both your files.
661
00:31:36,623 --> 00:31:39,125
You bank at Citibank.
These are your
account balances.
662
00:31:39,825 --> 00:31:41,566
I also got
all the websites
you've ever visited.
663
00:31:42,128 --> 00:31:44,472
And by the way,
you really shouldn't use
your grandmother's name
664
00:31:44,530 --> 00:31:46,703
as your password
for absolutely everything.
665
00:31:47,533 --> 00:31:49,843
You're reading a biography
by Eleanor Roosevelt.
666
00:31:49,902 --> 00:31:51,882
You listen to a lot
of Beatles and fusion jazz,
667
00:31:51,937 --> 00:31:55,817
and you've got what I can
only describe as a very weird
obsession with the Clash.
668
00:31:55,875 --> 00:31:59,379
I know what movies
you've rented and pretty much
your entire medical history.
669
00:32:00,146 --> 00:32:02,854
And sumatriptan,
is that for migraines?
670
00:32:04,015 --> 00:32:05,460
I could read yours.
671
00:32:10,889 --> 00:32:13,597
Rice may have killed her,
but let's at least find out
if Access Nation
672
00:32:13,658 --> 00:32:15,899
was the one who put
the knife in his hand.
673
00:32:20,165 --> 00:32:22,611
Do you believe in
the free flow of
information, Mr. McCoy?
674
00:32:23,701 --> 00:32:26,705
Your willingness
to apply that policy
to a convicted rapist
675
00:32:26,771 --> 00:32:28,079
is precisely
why we're here.
676
00:32:28,139 --> 00:32:30,084
Is there a question,
Mr. McCoy?
677
00:32:30,140 --> 00:32:32,882
Virgil Rice retained
the services of your company
678
00:32:32,943 --> 00:32:35,116
four different times.
Each time he sought
information about
679
00:32:35,179 --> 00:32:38,922
just one person.
We'd like to know
if you or anyone
680
00:32:38,982 --> 00:32:40,928
at Access Nation
ever asked him why.
681
00:32:40,985 --> 00:32:42,828
BRANSON: You don't have
to answer that, John.
682
00:32:42,886 --> 00:32:43,887
No, I wanna answer it.
683
00:32:44,488 --> 00:32:47,230
All of our clients fill out
a detailed application,
684
00:32:47,291 --> 00:32:48,793
and in that application
685
00:32:48,859 --> 00:32:51,567
they're specifically asked
whether or not they have
a criminal record.
686
00:32:51,628 --> 00:32:53,665
And you just take
their word for it?
687
00:32:54,364 --> 00:32:57,367
We're not selling guns,
Ms. Southerlyn,
we're selling information.
688
00:32:57,433 --> 00:32:58,935
Intimate information,
689
00:32:59,001 --> 00:33:01,447
which placed
in the wrong hands
led to a woman's death.
690
00:33:02,071 --> 00:33:03,744
If you're referring
to Tracy Conley,
691
00:33:03,806 --> 00:33:05,911
you already have
a defendant who pled guilty
to her murder.
692
00:33:06,409 --> 00:33:09,390
Any other questions
about that seem
a little irrelevant now.
693
00:33:09,445 --> 00:33:10,947
We do simple detective work.
694
00:33:11,381 --> 00:33:13,361
All we do is follow
the bread crumbs
695
00:33:13,416 --> 00:33:15,418
people leave behind
as they surf the net.
696
00:33:15,818 --> 00:33:20,096
It's who you sell
the bread crumbs to that
concerns us, Mr. McDowell.
697
00:33:20,556 --> 00:33:22,432
I'm afraid this
conversation is over.
698
00:33:22,858 --> 00:33:23,928
If you have
any further questions,
699
00:33:23,992 --> 00:33:25,733
they're going to
have to be in front
of a Grand Jury.
700
00:33:33,168 --> 00:33:36,149
All the information to
anyone who can pay and
damn the consequences.
701
00:33:36,204 --> 00:33:37,615
Why not?
There aren't any.
702
00:33:37,672 --> 00:33:39,811
What gets me is how
they can sit across
the table from us
703
00:33:39,875 --> 00:33:42,515
and claim that if they ask
a question on a form that
that covers it.
704
00:33:42,577 --> 00:33:45,183
What gets me
is they think we buy it.
705
00:33:45,247 --> 00:33:46,885
Find out who Rice
was dealing with.
706
00:33:46,948 --> 00:33:49,553
I doubt a company
with that much access
to information
707
00:33:49,617 --> 00:33:52,097
is as ignorant
about their clients
as they claim to be.
708
00:33:54,989 --> 00:33:57,663
Actually, I don't do
investigative work anymore.
709
00:33:57,725 --> 00:33:59,762
I'm a manager now.
A promotion.
710
00:33:59,827 --> 00:34:01,329
Must have been
fairly recent.
711
00:34:01,395 --> 00:34:02,703
A few weeks ago.
712
00:34:02,763 --> 00:34:05,073
But prior to that, you were
an online investigator.
713
00:34:05,132 --> 00:34:06,202
Right.
714
00:34:06,967 --> 00:34:10,141
One of the people
you tracked was a woman
named Tracy Conley.
715
00:34:11,005 --> 00:34:12,484
Name doesn't ring a bell.
716
00:34:13,374 --> 00:34:15,114
What about Virgil Rice?
717
00:34:16,209 --> 00:34:17,449
Sorry.
718
00:34:18,244 --> 00:34:20,884
You know,
that surprises me,
Mr. Kitson.
719
00:34:21,448 --> 00:34:23,485
Since you worked
with Mr. Rice on four
separate occasions,
720
00:34:23,550 --> 00:34:25,860
each one involving
Tracy Conley.
721
00:34:30,490 --> 00:34:32,367
He's a convicted rapist.
722
00:34:33,793 --> 00:34:36,899
He used the information
you sold him to
murder this young woman.
723
00:34:37,797 --> 00:34:39,708
I just compile
what's already out there.
724
00:34:39,766 --> 00:34:42,268
You can call
an invasion of privacy
whatever you want,
725
00:34:42,334 --> 00:34:44,541
but my boss intends to make
an example of somebody.
726
00:34:44,603 --> 00:34:46,742
It can either be you
or this company.
727
00:34:49,274 --> 00:34:51,413
I told John he lied.
728
00:34:52,110 --> 00:34:53,111
John McDowell.
729
00:34:53,178 --> 00:34:55,681
I told him Rice had
a rape conviction.
730
00:34:56,615 --> 00:34:58,026
How did you find that out?
731
00:34:58,450 --> 00:35:01,954
Rice had multiple requests
on the same target.
I got curious.
732
00:35:05,024 --> 00:35:07,970
Only when I told McDowell
about it, he got pissed.
733
00:35:08,025 --> 00:35:12,132
Told me it wasn't my job
to be checking into the
backgrounds of our clients.
734
00:35:14,832 --> 00:35:17,836
There's no question
these people sold Rice
the chat room postings
735
00:35:17,902 --> 00:35:19,779
with full knowledge
of who he was.
736
00:35:20,405 --> 00:35:23,318
When Kitson informed McDowell,
he was told to forget it.
737
00:35:23,374 --> 00:35:24,648
Then he got a promotion.
738
00:35:24,909 --> 00:35:26,820
Probably hoping
he'd keep his mouth shut.
739
00:35:26,878 --> 00:35:27,982
I don't even think
most people know
740
00:35:28,045 --> 00:35:29,649
that their chats
are being archived.
741
00:35:29,747 --> 00:35:33,250
But once someone like Kitson
tracks how you access
the Internet,
742
00:35:33,316 --> 00:35:35,421
they can pretty much
find out every site
you've ever been to,
743
00:35:35,485 --> 00:35:37,931
and everything
you've ever said online.
744
00:35:37,988 --> 00:35:39,729
Perhaps the privacy
we're used to
745
00:35:39,790 --> 00:35:41,929
is a luxury we can
no longer afford.
746
00:35:42,025 --> 00:35:44,528
Since when did
closing the curtains
on my private life
747
00:35:44,594 --> 00:35:46,073
ever become a luxury?
748
00:35:46,129 --> 00:35:48,336
Since people started
crashing planes
into buildings
749
00:35:48,398 --> 00:35:50,275
and trying to set
their shoes on fire.
750
00:35:50,333 --> 00:35:53,678
No one's talking about
limiting our ability
to go after terrorists.
751
00:35:53,737 --> 00:35:57,241
What we're talking about
is holding this company
responsible
752
00:35:57,307 --> 00:35:59,718
for invading
a woman's privacy
for profit.
753
00:35:59,775 --> 00:36:02,779
Yes, except that
it's companies
like Access Nation
754
00:36:02,845 --> 00:36:04,722
who develop
the technologies.
755
00:36:04,780 --> 00:36:07,761
I mean, the Feds
have a worm, Magic Lantern,
756
00:36:07,816 --> 00:36:10,490
only they use it
to catch terrorists,
drug dealers.
757
00:36:11,053 --> 00:36:14,262
If we take away
the private sector as
a market for these products,
758
00:36:14,323 --> 00:36:15,734
we may never get them.
759
00:36:15,791 --> 00:36:17,828
And McDowell
just gets a pass?
760
00:36:17,893 --> 00:36:21,102
If we take down McDowell
for his violation of privacy,
761
00:36:21,163 --> 00:36:25,077
that opens the floodgates
for lawyers to attack us
and our methods.
762
00:36:25,134 --> 00:36:28,512
A judge has already
forced us to cut a deal
with one murderer.
763
00:36:28,570 --> 00:36:31,050
You wanna train
the police so the courts
don't undermine us,
764
00:36:31,105 --> 00:36:32,846
there's a whole unit
to do that with.
765
00:36:32,907 --> 00:36:34,818
Tactical Assistance
Response Unit.
766
00:36:34,876 --> 00:36:36,651
But we can't let someone
get away with murder
767
00:36:36,711 --> 00:36:39,624
just because it might
make catching someone else
tougher down the road.
768
00:36:44,986 --> 00:36:46,693
I believe my attorney
said any more questions
769
00:36:46,754 --> 00:36:47,960
would have to be
in front of a Grand Jury.
770
00:36:48,022 --> 00:36:50,127
Yeah, well, we're here
to help arrange that.
771
00:36:50,191 --> 00:36:51,965
What are you doing?
What are you talking about?
772
00:36:52,025 --> 00:36:54,369
John McDowell,
you're under arrest
for manslaughter
773
00:36:54,428 --> 00:36:55,668
in the death
of Tracy Conley.
774
00:36:55,729 --> 00:36:57,936
You gotta be kidding me.
I wanna call my lawyer.
775
00:36:57,998 --> 00:37:00,979
How about we just
post your arrest
on the Internet instead?
776
00:37:01,635 --> 00:37:02,909
You think about it.
777
00:37:08,742 --> 00:37:12,315
KITSON: Every e-mail you send
contains a hidden header
with your IP address.
778
00:37:13,280 --> 00:37:16,454
Assume we're all a little
computer illiterate.
779
00:37:16,516 --> 00:37:17,892
KITSON: It's
the network address
780
00:37:17,950 --> 00:37:20,294
your Internet provider
uses to connect you.
781
00:37:20,353 --> 00:37:22,162
Once I link
a person with it,
782
00:37:22,221 --> 00:37:24,360
I can search wherever
that person's been online
783
00:37:24,423 --> 00:37:26,630
and what
they've said or done
once they got there.
784
00:37:27,493 --> 00:37:30,235
Did you track Tracy Conley
using this method?
785
00:37:30,296 --> 00:37:31,604
For Virgil Rice.
786
00:37:32,298 --> 00:37:36,110
Did there come a time
when your work for Mr. Rice
began to concern you?
787
00:37:36,969 --> 00:37:39,609
Yes. When I found out
he had a criminal record.
788
00:37:39,672 --> 00:37:41,618
Did you tell anyone
about those concerns?
789
00:37:43,109 --> 00:37:44,712
I told Mr. McDowell.
790
00:37:44,776 --> 00:37:46,050
What was his reaction?
791
00:37:46,711 --> 00:37:49,988
He ordered me
to stop checking into
the backgrounds of clients.
792
00:37:50,048 --> 00:37:53,257
He said that it was
against everything
that the company stood for,
793
00:37:53,318 --> 00:37:55,559
that it was bad
for business.
794
00:37:55,620 --> 00:37:56,997
JACK: No further questions.
795
00:37:59,658 --> 00:38:03,333
So, you knew Virgil Rice
was a rapist?
796
00:38:03,795 --> 00:38:04,796
KITSON: Yes.
797
00:38:04,863 --> 00:38:06,365
After you allegedly
had this conversation,
798
00:38:06,431 --> 00:38:08,104
did you do anything
about it?
799
00:38:09,034 --> 00:38:10,069
No.
800
00:38:10,135 --> 00:38:11,340
Did you contact
Tracy Conley?
801
00:38:11,402 --> 00:38:12,437
No.
802
00:38:12,503 --> 00:38:14,005
Did you warn her in any way?
803
00:38:14,071 --> 00:38:16,608
Mr. McDowell told me
not to do anything.
804
00:38:17,074 --> 00:38:20,783
Do you have any proof
of this conversation
you said you had
805
00:38:20,844 --> 00:38:22,915
with Mr. McDowell
a few months ago?
806
00:38:25,249 --> 00:38:26,887
No, but...
Mr. Kitson,
807
00:38:27,551 --> 00:38:29,929
the prosecutor's office
came to visit you
a few weeks ago
808
00:38:29,987 --> 00:38:33,059
and asked you some questions
about your online
investigation, didn't they?
809
00:38:33,123 --> 00:38:34,158
Yes.
810
00:38:34,224 --> 00:38:37,136
Isn't it a fair statement
that if you didn't
implicate Mr. McDowell,
811
00:38:37,193 --> 00:38:39,673
you might very well be
the one on trial here today?
812
00:38:39,729 --> 00:38:41,072
Objection.
813
00:38:41,564 --> 00:38:42,668
Withdrawn.
814
00:38:43,199 --> 00:38:45,110
No further questions,
Your Honor.
815
00:38:48,805 --> 00:38:51,513
BRANSON: How did you feel
about the death
of Tracy Conley?
816
00:38:51,808 --> 00:38:53,151
Just horrible.
817
00:38:53,643 --> 00:38:57,250
Did you have any idea
that Virgil Rice
posed a threat to her?
818
00:38:57,313 --> 00:38:58,417
No.
819
00:38:58,481 --> 00:39:00,984
Did Robert Kitson ever
tell you that Virgil Rice
had a criminal record?
820
00:39:01,050 --> 00:39:02,120
No.
821
00:39:02,185 --> 00:39:05,631
In his own application,
Mr. Rice denied
having a record?
822
00:39:05,687 --> 00:39:07,064
That's right.
823
00:39:08,056 --> 00:39:09,592
Did you ever check
that information?
824
00:39:09,658 --> 00:39:12,969
In the first place,
we guarantee the privacy
of our clients.
825
00:39:13,028 --> 00:39:17,374
Secondly, we view ourselves
as a company that helps
people stay safe.
826
00:39:18,133 --> 00:39:19,908
The public uses our service
827
00:39:19,968 --> 00:39:22,539
to find out
if a child's teacher
has a drug problem,
828
00:39:23,738 --> 00:39:26,651
if their nannies
or caregivers
have a criminal record.
829
00:39:26,708 --> 00:39:28,585
We track deadbeat dads.
830
00:39:28,643 --> 00:39:30,451
The government even uses
our service on occasion.
831
00:39:30,511 --> 00:39:33,117
But aren't you trading
in people's secrets?
832
00:39:33,714 --> 00:39:36,627
I think we've all learned
over these past months
833
00:39:36,684 --> 00:39:40,894
that the more information
that is available to us,
the better.
834
00:39:41,389 --> 00:39:43,630
There are plenty of
dangerous people out there.
835
00:39:43,691 --> 00:39:46,365
And I think most people
are more concerned
with being safe
836
00:39:46,427 --> 00:39:48,634
than with hiding
the books they read.
837
00:39:50,364 --> 00:39:52,071
SERENA: He's turning
the trial into a referendum
838
00:39:52,133 --> 00:39:55,272
on whether the jury should
be able to investigate
their babysitters.
839
00:39:55,335 --> 00:39:57,076
Well, you can't blame them
for wanting to know
840
00:39:57,137 --> 00:39:59,117
if their neighbor's part
of a terrorist cell.
841
00:39:59,172 --> 00:40:02,346
What happens when
the terrorist wants
to know about them?
842
00:40:02,408 --> 00:40:05,355
Those chat room posts
were a loaded gun.
843
00:40:05,412 --> 00:40:07,790
McDowell has to be
held accountable
for who he sold them to.
844
00:40:07,847 --> 00:40:10,088
I agree.
There have to be standards
for who gets access
845
00:40:10,150 --> 00:40:11,652
to that kind of information.
846
00:40:11,718 --> 00:40:13,129
You're talking
about principles
847
00:40:13,186 --> 00:40:15,291
I've been fighting for
my entire career.
848
00:40:15,355 --> 00:40:17,494
But when the bullets
are flying...
849
00:40:18,725 --> 00:40:20,295
I had that tactical unit
check to see
850
00:40:20,360 --> 00:40:22,532
if they could find any
internal memos or documents.
851
00:40:22,594 --> 00:40:24,267
They came up empty handed.
852
00:40:24,329 --> 00:40:27,242
Well, the government's
always two steps behind
the bad guys.
853
00:40:27,299 --> 00:40:28,505
One of our techies
that I talked to
854
00:40:28,567 --> 00:40:31,946
told me that hackers actually
chuckle at some of
the technology we still use.
855
00:40:33,105 --> 00:40:35,176
Then maybe we should be
talking to the hackers.
856
00:40:39,211 --> 00:40:41,350
JACK: Open access
is a good thing?
857
00:40:42,414 --> 00:40:43,825
I believe so, yes.
858
00:40:44,516 --> 00:40:47,394
Should a child molester
be able to get access
859
00:40:47,451 --> 00:40:49,658
to a list of children
living in his neighborhood?
860
00:40:49,720 --> 00:40:51,358
Ideally, no.
861
00:40:51,422 --> 00:40:53,698
But he could buy
that information
from your company.
862
00:40:53,758 --> 00:40:55,169
Yes, I suppose he could.
863
00:40:55,226 --> 00:40:58,264
However, we ask our customers
about criminal records.
864
00:40:58,329 --> 00:40:59,706
Did you ever consider
the possibility
865
00:40:59,764 --> 00:41:02,335
that someone with
a criminal record
might actually lie about it?
866
00:41:02,400 --> 00:41:03,401
Objection!
867
00:41:03,701 --> 00:41:04,907
Overruled.
868
00:41:05,236 --> 00:41:08,649
It's not my responsibility
to keep people
from using information
869
00:41:08,706 --> 00:41:10,344
in away
that might hurt others.
870
00:41:10,408 --> 00:41:13,082
Information
doesn't kill people.
People kill people.
871
00:41:14,144 --> 00:41:17,091
I understand that someone
was hurt in this case.
872
00:41:17,614 --> 00:41:19,525
If I had any idea that
that might happen,
873
00:41:19,583 --> 00:41:21,062
I never would have
taken the risk.
874
00:41:21,117 --> 00:41:22,323
Really? Because that's
not what you said
875
00:41:22,385 --> 00:41:24,331
in your e-mails,
Mr. McDowell.
876
00:41:29,593 --> 00:41:30,936
I don't know what
you're talking about.
877
00:41:31,561 --> 00:41:33,438
Didn't you ask your lawyers
eight months ago
878
00:41:33,497 --> 00:41:35,875
whether your company
might be liable
879
00:41:35,932 --> 00:41:37,878
if someone were harmed
as a result of your service?
880
00:41:37,934 --> 00:41:39,004
Objection!
881
00:41:39,069 --> 00:41:40,877
Conversations with
counsel are privileged.
882
00:41:40,936 --> 00:41:43,041
Judge, I can establish
a crime fraud exception
883
00:41:43,105 --> 00:41:44,448
to any privilege
claim here.
884
00:41:44,774 --> 00:41:46,754
Chambers, now.
885
00:41:48,477 --> 00:41:50,081
Just what are you
doing, Mr. McCoy?
886
00:41:50,145 --> 00:41:53,058
Availing ourselves
of the information age,
Your Honor.
887
00:41:53,115 --> 00:41:55,493
Eight months ago
another one of
Mr. McDowell's investigators
888
00:41:55,551 --> 00:41:57,087
came to him with concerns
about a client
889
00:41:57,153 --> 00:41:59,759
whose wife had
an order of protection
out against him.
890
00:41:59,822 --> 00:42:01,199
This client
was trying to locate
891
00:42:01,257 --> 00:42:03,328
the shelter his wife
was staying in.
892
00:42:03,392 --> 00:42:05,599
Mr. McDowell's counsel
advised him
893
00:42:05,661 --> 00:42:07,936
to stop checking
his clients' backgrounds.
894
00:42:07,996 --> 00:42:09,168
Where did you get all this?
895
00:42:09,230 --> 00:42:12,803
Your company is not
the only game in town,
Mr. McDowell.
896
00:42:13,668 --> 00:42:17,013
The People retained
the services of one
of your competitors.
897
00:42:17,071 --> 00:42:20,678
It took them less than a day
to find the e-mails
that went back and forth.
898
00:42:21,109 --> 00:42:23,555
Apparently nothing
is ever really deleted.
899
00:42:24,579 --> 00:42:25,887
McDOWELL:
This is outrageous.
900
00:42:25,947 --> 00:42:27,119
SERENA: It doesn't
feel good, does it?
901
00:42:27,181 --> 00:42:28,455
None of this matters.
902
00:42:28,516 --> 00:42:30,757
Legal advice to a client
is still privileged.
903
00:42:30,818 --> 00:42:33,354
Not if he was advised
to act in a reckless manner.
904
00:42:33,420 --> 00:42:34,558
BRANSON: That is absurd.
905
00:42:34,621 --> 00:42:36,567
If Mr. McDowell sought
the advice of counsel,
906
00:42:36,623 --> 00:42:38,603
how can he be
considered reckless?
907
00:42:38,659 --> 00:42:40,935
JACK: The point of
the crime fraud exception
908
00:42:40,994 --> 00:42:43,873
is to discourage attorneys
from dispensing advice
909
00:42:43,930 --> 00:42:47,776
that counsels people
to engage in criminal conduct,
910
00:42:47,834 --> 00:42:49,245
which is what
your lawyer did
911
00:42:49,303 --> 00:42:51,806
when he advised you
against background checks.
912
00:42:52,372 --> 00:42:54,875
Neither of them
can hide behind
the privilege shield.
913
00:42:56,510 --> 00:43:00,082
I suggest you talk
to your client about
a plea, Counselor,
914
00:43:00,146 --> 00:43:02,649
then I suggest you
get your own lawyer.
915
00:43:07,720 --> 00:43:09,461
Three-to-nine years
in prison.
916
00:43:09,522 --> 00:43:11,661
Plus the 15
Virgil Rice got.
917
00:43:11,724 --> 00:43:14,796
That should give some peace
to Tracy Conley's family.
918
00:43:15,361 --> 00:43:18,774
Internet-tracking,
face-recognition software,
919
00:43:18,831 --> 00:43:21,141
national ID cards,
it's getting
really frightening.
920
00:43:21,701 --> 00:43:23,237
JACK: If people
have to choose,
921
00:43:23,302 --> 00:43:26,009
they'll trade privacy
for safety every time.
922
00:43:26,705 --> 00:43:30,778
That's the problem, though.
You trade one for the other,
you could end up losing both.