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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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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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CROSSING GUARD: Come on, let's
shake a leg, there's the bell.
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Good morning, sunshine,
you feeling better today?
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Yeah.
Good.
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Come on. It's a beautiful day,
let's make it a good one.
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All right, young
man, come on, now.
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Have a good day.
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How are you?
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I can't complain.
How's the family?
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Lianajust got early
acceptance to Cornell.
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You must be so proud.
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How is your daughter?
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Ten years old,
acting like Lil' Kim.
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Mothers of daughters have more
gray hairs than mothers of sons.
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Tell me about it. All you can do is pray.
(TIRES SCREECHING)
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(CRASHING)
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Oh, my word!
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That didn't sound good.
Oh, no.
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(GIRL SCREAMING)
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Call 911. Now!
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FONTANA: What you got?
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Hit and run.
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ED: So Why'd you call us?
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I'm not sure it
was an accident.
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Jacob Lowenstein.
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Lowenstein?
The wife beater?
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COP: The one who
killed his little kid.
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I saw his coming out
photo a month ago.
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I thought, you know, what's
this guy doing around a school?
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You did the right
thing calling us.
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Witnesses?
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Yeah. A big black car,
maybe an SUV,
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travelling at a high
rate of speed,
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hit him as he jay walked
across the street,
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and kept going. That's about it.
I'll keep looking.
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What about Lowenstein?
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Tore off his leg.
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I thought he wouldn't
make it to the O.R.
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Let us know what you
come up with, all right?
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No skid marks, no indication the
driver tried not to hit him.
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FONTANA: Talk about your public
service homicides. ED: If he dies.
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Well, it is rush hour.
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Guy's out a month,
someone runs him down.
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Lowenstein's parole
got plenty of press.
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That man beat his wife
until she didn't look human
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and then he did
the same thing
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to his five-year-old daughter
and left her to die.
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And for that he winds
up doing 15 years.
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You know, Donald Cragen
worked the original case.
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We'll reach out to him.
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We thought maybe we'd start
with Lowenstein's PO first
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and then maybe his ex.
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All right.
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GRADY: Served the required
two-thirds of his sentence.
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Model prisoner.
They had to let him out.
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System sucks.
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You gotta give him
some hope, I suppose.
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That's what they say.
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Without the carrot, these guys
would be impossible to control.
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And you know, they're not
all as bad as Lowenstein.
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Well, that's the point.
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Someone like Lowenstein
short circuits the system.
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So what were the rules
of his release?
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A curfew, 9:00 to 7:00, drug
counseling random drug testing,
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anger management classes,
a 12-step program.
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Hey, it's all part of
a package these days.
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You gotta try somethin'.
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Anything else?
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Well, no contact with minors, of course.
No contact with his kid.
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Kid?
Yeah, there was a son.
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Must have been two,
three, at the time.
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He's living on
Long Island somewhere.
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Lowenstein was supposed to be
staying in a halfway house?
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For the first six months.
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ED: You got an address?
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They, uh...
They call me.
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You lost track of him?
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What am I supposed to do, call the
National Guard to find the guy?
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Do you know how
many cases I got?
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Do you have a more high profile
parolee than Lowenstein?
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Why didn't you violate him?
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Well, I'm going to,
aren't I,
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as soon as I can
get to the paperwork.
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Something tells me that your
workload is gonna get a lot lighter.
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Whoa. Take it easy, man.
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Lowenstein was a
coked-up, crazy creep.
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He used Carla as a
punching bag for years.
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Bruises, broken bones.
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By the time we got there, herjaw
was so swollen she couldn't talk.
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What about
the little girl?
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She was black,
blue and burned.
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When I'm havin'
a bad night,
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this is the one that comes
back and haunts me.
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His PO said
he had a son?
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Ezra. Two years old.
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Malnourished, neglected.
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Spent most of his time tied
to the radiator, like a dog.
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The parole officer also said
that he's living on Long Island.
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I'll get you a name
and address.
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He was doing well,
last I heard.
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A happy ending,
considering.
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Speaking of happy endings,
how's Lowenstein?
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He's still on
the critical list.
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I hope he lingers a long
time in excruciating pain.
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Have you talked to
his ex yet, Carla?
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ED: We're still
looking for her.
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Her shrink might
be able to help you.
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He resurrected her. Brought her
back from the dead. Literally.
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Someone like Lowenstein
is a user, a predator.
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He can smell weakness
vulnerability, and exploit it.
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Like a hyena stalking
awounded animal.
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Is that what happened with Carla?
Did he sniff her out?
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Let's just say,
such a woman,
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damaged, vulnerable, lonely,
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under the sway of such a
man, would do anything
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to win and keep his approval
no matter how depraved,
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no matter what the damage
to herself or her children.
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Would such a woman
still be under his sway?
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Recovery is possible.
I've seen it myself.
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Is it ever possible
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that the prey animal attacked the
predator first before he could find her?
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A prey animal doesn't attack a
predator unless it's cornered.
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I mean, if he
came to her door,
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maybe she might use a knife
or a gun to defend herself.
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But follow him, stalk him, attack
him preemptively with a car?
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No. I wouldn't think so.
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You sound pretty passionate
about this, Doctor.
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Maybe we be asking
you about your alibi?
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I'm a lifelong New Yorker,
Detective.
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I don't have a license,
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and I don't drive.
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Look, Doctor, we need
to talk to Carla,
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if only to eliminate
her as a suspect.
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I'll tell you what.
I'll call her.
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If she's willing
to talk to you.
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She works in
a nursery school.
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We thought we'd take a ride out
there, see if she's got an alibi.
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Her shrink says that we can cross
her off the list and move on.
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I'll do it.
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It had nothing to do with
what happened to Jacob.
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VAN BUREN: So,
when he got paroled?
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I panicked.
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I walked away
from my job,
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my apartment.
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I was afraid
he would find me.
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Why would he come
looking for you?
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Because he still
blames me.
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Can you believe it?
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He never admitted
what he did.
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Everything that ever happened
to him is someone else's fault.
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Where were you
that morning?
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I was here.
Drop-off starts at 7:30.
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If I was still angry enough
to want to kill him,
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it would mean I was still
tied to him emotionally.
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And I can't afford that.
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Even after what he did to
you and your children?
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You know what
I want in life?
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Not to think about him.
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Not remember him.
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Not talk about him.
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Not hear his name.
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That's all.
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I don't believe she'd ever
go near that man again,
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not even behind
the wheel of a tank.
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How is Lowenstein?
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Still critical. But we may be
able to talk to him tomorrow.
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And we did get
a location on his son.
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Yeah, Patchogue.
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Well, this time of day, you're
better off taking the tunnel.
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PLAYER: Set!
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(WHISTLE BLOWS)
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Ez! Brian! Two more
plays and we're done.
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Come here, will you? These two
gentlemen want to talk to you.
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Thanks, Coach.
How you doing, Ezra?
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I'm Detective Green, this is
my partner, Detective Fontana.
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Hi, Ezra. Do you
know why we're here?
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I think so. I've been
reading the papers.
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Is he gonna die?
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He might.
It don't look good.
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Okay.
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00:09:03,076 --> 00:09:05,909
Have you heard from him since
he's been out of prison?
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00:09:05,979 --> 00:09:07,845
It's okay if you have.
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He called
a couple of times.
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Have you seen him?
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Hey, Ezra.
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Dad.
What's going on?
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00:09:14,387 --> 00:09:16,219
New York City
Police Department, sir.
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What's this about?
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00:09:17,424 --> 00:09:18,949
Jacob Lowenstein.
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We werejust asking Ezra if
he'd seen him recently.
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I can answer that.
No, he hasn't.
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Uh, actually,
I have. Once.
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He took the train out. I met him
at the station for a few minutes.
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00:09:29,602 --> 00:09:31,934
Don't be mad.
I was curious.
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00:09:32,238 --> 00:09:33,501
I'm not mad.
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00:09:33,573 --> 00:09:34,665
ED: What'd you
talk about?
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00:09:35,508 --> 00:09:38,842
He denied everything. Said it was
all lies, he never hurt anyone,
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especially my birth
mother, my sister and me.
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Anything else?
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00:09:43,450 --> 00:09:44,815
He asked me for money.
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00:09:44,884 --> 00:09:46,682
I told you he didn't
care about you.
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00:09:47,320 --> 00:09:48,913
It was like talking
to a creepy stranger.
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00:09:48,988 --> 00:09:51,218
NATE: That's exactly what he
is, Ezra, a creepy stranger.
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00:09:51,291 --> 00:09:52,918
I know. I'm sorry.
209
00:09:53,760 --> 00:09:56,821
Excuse me, sir, but where were you
the day that Lowenstein got hit?
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00:09:56,896 --> 00:09:59,866
On the Long Island Rail Road, on
my way into my office in Midtown.
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00:10:00,533 --> 00:10:01,796
Where were you
that morning, Ezra?
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00:10:01,868 --> 00:10:04,030
School. You can check
with my homeroom teacher.
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00:10:04,104 --> 00:10:05,196
ED: Do you have a car?
214
00:10:05,271 --> 00:10:06,261
Yeah.
215
00:10:06,339 --> 00:10:07,807
We're gonna need to take a
look at both of your cars.
216
00:10:09,909 --> 00:10:12,310
Go ahead. We have
nothing to hide.
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00:10:17,617 --> 00:10:19,176
FONTANA: When do you think
we'll be able to talk to him?
218
00:10:19,252 --> 00:10:22,711
Well, maybe tomorrow. He's in and
out of lucidity. The morphine.
219
00:10:22,789 --> 00:10:23,915
He have any visitors?
220
00:10:23,990 --> 00:10:27,688
Uh, his lawyer
and his fiancée.
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00:10:28,394 --> 00:10:29,384
His fiancée?
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00:10:29,462 --> 00:10:30,452
That's what she said.
223
00:10:30,530 --> 00:10:31,588
You remember her name?
224
00:10:31,664 --> 00:10:34,099
She's down the hall,
in the lounge.
225
00:10:36,736 --> 00:10:38,431
We got engaged
about a year ago,
226
00:10:38,505 --> 00:10:41,998
when it started to look like
Jake's parole would come through.
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00:10:42,075 --> 00:10:45,136
"Jake." Can we talk
to you out here?
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00:10:46,279 --> 00:10:48,043
He gave me this ring
when he got out.
229
00:10:48,114 --> 00:10:50,981
He spent every dime he
had in the world on it.
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00:10:51,050 --> 00:10:52,814
He loves me so much.
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00:10:53,520 --> 00:10:54,715
Sheryl.
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00:10:57,090 --> 00:10:59,559
Do you know why
he was in prison?
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00:10:59,626 --> 00:11:01,822
I was, like, in grammar
school when that happened.
234
00:11:01,895 --> 00:11:03,056
If it happened.
235
00:11:04,597 --> 00:11:07,931
So, you're not worried
about any of this?
236
00:11:08,768 --> 00:11:09,860
About what?
237
00:11:12,272 --> 00:11:15,003
Okay, listen, we're
gonna give you a card.
238
00:11:15,909 --> 00:11:17,934
If you need anything.
What would I need?
239
00:11:19,712 --> 00:11:20,873
How did you two meet?
240
00:11:20,947 --> 00:11:23,041
Oh, I read
an article about him,
241
00:11:23,116 --> 00:11:25,642
and then I wrote him a letter.
And he wrote back.
242
00:11:25,718 --> 00:11:28,187
Sol looked him up on the
Corrections Department website.
243
00:11:28,254 --> 00:11:30,416
They even had a map
and instructions.
244
00:11:30,490 --> 00:11:32,356
Must have made
visiting day a snap.
245
00:11:32,425 --> 00:11:35,986
Yeah, well, we just wanna put this all
behind us, you know, get married,
246
00:11:36,062 --> 00:11:37,860
get on with our lives.
247
00:11:37,931 --> 00:11:39,797
Jake's so good
with my kids.
248
00:11:41,034 --> 00:11:42,399
(STAMMERS)
You have kids?
249
00:11:42,468 --> 00:11:44,334
Yeah, a boy and a girl.
250
00:11:44,404 --> 00:11:47,533
They've been so happy
since he moved in with us.
251
00:11:47,607 --> 00:11:50,406
Wait a second. This guy
is living with you?
252
00:11:50,476 --> 00:11:51,637
Since he left
the halfway house.
253
00:11:51,711 --> 00:11:53,577
What the hell is
the matter with you?
254
00:11:53,646 --> 00:11:55,273
If you want to
screw up your own life,
255
00:11:55,348 --> 00:11:57,112
be our guest,
it's a free country,
256
00:11:57,183 --> 00:12:00,084
but to bring this guy into
your house with your kids?
257
00:12:00,153 --> 00:12:02,781
Yeah, he would
never ever hurt them.
258
00:12:03,489 --> 00:12:06,254
Does his parole officer
know about this arrangement?
259
00:12:06,326 --> 00:12:08,886
Jacob said he approved it,
and so did Dr. Draper.
260
00:12:08,962 --> 00:12:11,897
Said it was his first step
in his return to normalcy.
261
00:12:11,965 --> 00:12:12,955
Who's Dr. Draper?
262
00:12:13,032 --> 00:12:16,024
Joyce Draper, the therapist
he worked with in prison.
263
00:12:16,102 --> 00:12:18,901
She really helped him
deal with his anger.
264
00:12:19,205 --> 00:12:21,606
About him being
incarcerated and all.
265
00:12:21,674 --> 00:12:22,800
Oh, he was angry
about that, huh?
266
00:12:22,875 --> 00:12:24,138
Oh, yeah.
267
00:12:24,210 --> 00:12:26,144
But he was
getting through it.
268
00:12:26,212 --> 00:12:29,580
He was doing really well, too.
And then this happened.
269
00:12:30,416 --> 00:12:32,714
(SIGHS) I feel so guilty.
270
00:12:33,586 --> 00:12:36,886
I mean, we lived right around the
corner from where he got hit.
271
00:12:36,956 --> 00:12:38,481
But why would
you feel guilty?
272
00:12:39,525 --> 00:12:40,993
The accident?
273
00:12:41,694 --> 00:12:44,391
It happened right after he
dropped Emily off at school.
274
00:12:52,105 --> 00:12:55,700
Joyce'll be right out. She's just
finishing up with a patient.
275
00:12:55,775 --> 00:12:58,244
We understand your wife does some
work up at the penitentiary.
276
00:12:58,311 --> 00:12:59,801
Couple of days a week.
277
00:12:59,879 --> 00:13:02,371
The rest of the time, she sees
her regular patients here.
278
00:13:02,448 --> 00:13:04,610
She ever talk about the
patients she treats?
279
00:13:04,684 --> 00:13:05,879
You mean like
Jacob Lowenstein?
280
00:13:05,952 --> 00:13:07,442
FONTANA: For instance.
281
00:13:07,520 --> 00:13:09,215
We have a rule
in the house.
282
00:13:09,289 --> 00:13:11,348
I don't talk about
calculus proofs,
283
00:13:11,424 --> 00:13:13,358
she doesn't make pillow
talk about prisoners.
284
00:13:13,426 --> 00:13:15,155
You said it wasn't
your choice?
285
00:13:15,228 --> 00:13:16,855
If I had my druthers,
she'd do something else.
286
00:13:16,929 --> 00:13:18,954
JOYCE: Ron?
In here, honey.
287
00:13:22,669 --> 00:13:24,467
My wife,
Joyce Draper.
288
00:13:25,004 --> 00:13:27,132
Hi. Detective G reen,
Detective Fontana.
289
00:13:27,774 --> 00:13:28,832
Hi.
290
00:13:28,908 --> 00:13:30,933
Well, I'll leave
you to it.
291
00:13:32,011 --> 00:13:34,480
I imagine you're here
about Jacob Lowenstein.
292
00:13:34,547 --> 00:13:37,539
Yes. Dr. Draper, what can
you tell us about him?
293
00:13:38,017 --> 00:13:40,111
I'm not a doctor,
I'm a social worker.
294
00:13:40,186 --> 00:13:41,347
Sorry.
295
00:13:41,421 --> 00:13:43,981
Lowenstein was one of
a number of inmates
296
00:13:44,057 --> 00:13:46,458
who volunteered to
have intensive therapy.
297
00:13:46,526 --> 00:13:49,359
An experimental program.
Individual and group.
298
00:13:49,429 --> 00:13:50,487
Did he want to
change his life?
299
00:13:50,563 --> 00:13:51,928
Did he want to straighten
himself out? What?
300
00:13:51,998 --> 00:13:54,990
Because it'd look good
on his parole application.
301
00:13:55,068 --> 00:13:58,436
I'm not a babe in the woods. I don't
kid myself about their motives.
302
00:13:58,504 --> 00:14:00,871
But that doesn't mean it didn't
do him some good, anyway.
303
00:14:00,940 --> 00:14:02,066
Well, did it
do him any good?
304
00:14:02,141 --> 00:14:04,838
I think it did, yes.
Definitely.
305
00:14:04,911 --> 00:14:07,403
FONTANA: After he got out, did you
have any further contact with him?
306
00:14:07,480 --> 00:14:10,472
My contact with an inmate
ends when he's released.
307
00:14:11,484 --> 00:14:14,476
And then what happens?
He goes cold turkey?
308
00:14:14,554 --> 00:14:18,184
He receives counseling as a part
of his parole. Just not from me.
309
00:14:18,257 --> 00:14:19,986
He didn't call, try to
get in touch with you?
310
00:14:20,059 --> 00:14:22,790
He did call once,
from the halfway house.
311
00:14:23,129 --> 00:14:25,029
Told me how hard
it was to be out,
312
00:14:25,098 --> 00:14:27,260
all eyes on him
all the time.
313
00:14:27,333 --> 00:14:28,459
FONTANA: He didn't
want to see you?
314
00:14:28,534 --> 00:14:30,161
I wasn't about to
violate the rules.
315
00:14:30,536 --> 00:14:32,265
And that was it? You never
heard from him again?
316
00:14:32,338 --> 00:14:35,399
I didn't give him what he
wanted, so he gave up.
317
00:14:36,676 --> 00:14:39,805
Uh, did you know about
his fiancée, Sheryl?
318
00:14:40,580 --> 00:14:43,311
Yes. Met her once,
after a therapy session.
319
00:14:43,383 --> 00:14:46,944
Yeah. She's got children, two little kids.
He's living with them.
320
00:14:47,019 --> 00:14:48,487
He's supposed to be
at the halfway house.
321
00:14:48,554 --> 00:14:50,215
His parole officer
lost track of him.
322
00:14:50,289 --> 00:14:51,518
That's not a good situation.
323
00:14:51,591 --> 00:14:55,721
Well, if he lives, he's going back
to jail for violating his parole.
324
00:14:56,162 --> 00:14:59,462
We talked to Carla's psychiatrist, Dr.
Clayburg.
325
00:14:59,532 --> 00:15:01,364
Yes, he's well-respected.
326
00:15:01,434 --> 00:15:05,132
Yeah. He says that guys like
Lowenstein were incurable.
327
00:15:05,905 --> 00:15:07,566
There is that
school of thought.
328
00:15:07,640 --> 00:15:09,734
Do you subscribe to
that school of thought?
329
00:15:09,809 --> 00:15:13,245
If I did, I couldn't continue
to do the work that I do.
330
00:15:15,715 --> 00:15:17,843
The son, Ezra? His car is clean.
(CELL PHONE RINGING)
331
00:15:17,917 --> 00:15:19,646
What about
his father's SUV?
332
00:15:19,719 --> 00:15:21,687
That's clean, too. Hello?
333
00:15:21,754 --> 00:15:23,654
His alibi is solid.
He was in his office.
334
00:15:23,723 --> 00:15:25,088
He had meetings
the whole morning.
335
00:15:25,158 --> 00:15:27,650
Okay, okay, thanks.
It was the hospital.
336
00:15:27,727 --> 00:15:28,785
Lowenstein?
Mmm-hmm.
337
00:15:28,861 --> 00:15:30,761
He wants to talk to us.
338
00:15:34,267 --> 00:15:39,296
It wasn't an accident? Somebody
did this deliberately?
339
00:15:39,939 --> 00:15:43,671
What the hell? Why would
somebody wanna hurt me?
340
00:15:43,743 --> 00:15:44,733
FONTANA:
You're kidding, right?
341
00:15:44,811 --> 00:15:49,271
ED: Witnesses say they heard a car
accelerating before and after it hit you.
342
00:15:49,348 --> 00:15:54,809
All those years in that godforsaken place.
I paid my dues.
343
00:15:55,021 --> 00:15:57,149
Some people would say
you haven't even begun.
344
00:15:57,223 --> 00:16:00,352
Forget about everything
you think you know.
345
00:16:01,594 --> 00:16:05,997
I loved those kids, every
minute I was with them.
346
00:16:06,199 --> 00:16:08,395
Yeah,youloved those kids
to death, didn't you?
347
00:16:08,468 --> 00:16:10,835
That was all
the media's fault.
348
00:16:11,571 --> 00:16:15,599
The whole thing from start to
finish, blown out of proportion.
349
00:16:16,175 --> 00:16:17,540
You think they
were hard on you?
350
00:16:17,610 --> 00:16:20,807
They took her side
all the way. Carla's.
351
00:16:21,848 --> 00:16:23,338
And then when
they let me out,
352
00:16:23,416 --> 00:16:26,317
they completely
made me a target,
353
00:16:26,385 --> 00:16:29,844
with the cameras
and the news coverage.
354
00:16:29,922 --> 00:16:31,754
Look what it got me.
355
00:16:31,824 --> 00:16:33,792
What do you remember
about that morning?
356
00:16:33,860 --> 00:16:36,454
I dropped Emily
off at school.
357
00:16:37,129 --> 00:16:40,429
And then I was walking
to the corner to get a paper.
358
00:16:41,200 --> 00:16:44,261
Next thing I know,
I wake up here,
359
00:16:45,037 --> 00:16:49,668
and I'm missing my leg.
My leg, for God's sake.
360
00:16:52,345 --> 00:16:55,076
Did you see the car
that hit you, sir?
361
00:16:56,048 --> 00:17:00,417
I don't remember anything
after I dropped her off.
362
00:17:01,287 --> 00:17:03,346
You ain't giving us
that much to work with.
363
00:17:03,422 --> 00:17:05,413
I'm giving you
what I got.
364
00:17:06,459 --> 00:17:10,521
So, you find the scumbag
who ran me over?
365
00:17:10,863 --> 00:17:12,058
We're looking.
366
00:17:12,131 --> 00:17:14,657
Not looking too hard,
are you?
367
00:17:15,701 --> 00:17:18,534
I can't believe
I was safer inside.
368
00:17:18,604 --> 00:17:19,765
FONTANA: How did
you manage that?
369
00:17:19,839 --> 00:17:22,001
To stay safe
on the inside?
370
00:17:22,074 --> 00:17:25,135
Guys like you, child
killers, molesters...
371
00:17:25,211 --> 00:17:27,236
I never killed anybody.
372
00:17:27,313 --> 00:17:29,714
They get taken
apart in the joint.
373
00:17:30,816 --> 00:17:33,308
I got a law degree,
374
00:17:33,386 --> 00:17:37,345
and I did legal work
for the other inmates.
375
00:17:43,229 --> 00:17:46,221
Managed to get himself a
correspondence school J.D. inside.
376
00:17:46,299 --> 00:17:47,494
ED: Kept him
in one piece.
377
00:17:47,567 --> 00:17:49,296
Kept him busy, too.
378
00:17:49,368 --> 00:17:51,530
He had 'em lining up
around the cell block.
379
00:17:51,604 --> 00:17:54,972
Writs, appeals for new
trials, for parole hearings.
380
00:17:55,041 --> 00:17:56,202
Well, he couldn't
have won any.
381
00:17:56,275 --> 00:17:57,743
Of course not,
they're all guilty.
382
00:17:57,810 --> 00:17:59,039
It doesn't stop
them from trying.
383
00:17:59,111 --> 00:18:00,670
Well, was there
anyone in particular
384
00:18:00,746 --> 00:18:02,805
who was bent out of shape
over losing an appeal?
385
00:18:04,150 --> 00:18:06,949
This one inmate, Lowenstein
tried a couple of times
386
00:18:07,019 --> 00:18:09,010
to get him a hearing
for a new trial.
387
00:18:09,088 --> 00:18:11,955
He didn't take it at all well
when he got turned down.
388
00:18:12,024 --> 00:18:13,253
Blamed it on his lawyer.
389
00:18:13,326 --> 00:18:14,316
Don't they all?
390
00:18:14,393 --> 00:18:15,383
Can we talk to him?
391
00:18:15,461 --> 00:18:18,055
He got released,
couple of months ago.
392
00:18:19,932 --> 00:18:22,367
I watched his back, he was
supposed to get me out.
393
00:18:22,435 --> 00:18:24,062
But he screwed up
your appeal.
394
00:18:24,136 --> 00:18:26,537
Twice. Till I got
me a real lawyer.
395
00:18:26,606 --> 00:18:29,507
The Cockroach didn't have
a clue what he was doing.
396
00:18:29,575 --> 00:18:30,701
"Cockroach"?
397
00:18:30,776 --> 00:18:32,244
That was his nickname
inside the joint
398
00:18:32,311 --> 00:18:33,801
'cause he gave
everybody the creeps.
399
00:18:33,879 --> 00:18:35,074
Made your skin crawl.
400
00:18:35,147 --> 00:18:38,310
Okay. You got an alibi for the
morning he got hit by that car?
401
00:18:38,384 --> 00:18:39,715
You're lookin' at it.
402
00:18:39,785 --> 00:18:42,550
Anyone else on the inside
have a beef with Lowenstein?
403
00:18:42,622 --> 00:18:44,681
Yeah, take your pick.
Nobody liked him.
404
00:18:44,757 --> 00:18:48,819
He was a whiner, a teacher's pet.
The therapist?
405
00:18:48,894 --> 00:18:52,125
Her experimental
cognitive whatever.
406
00:18:52,198 --> 00:18:53,222
You're talking
about Draper?
407
00:18:53,299 --> 00:18:55,324
Lowenstein was
her pet project.
408
00:18:55,401 --> 00:18:56,800
ED: You were
in her group, too?
409
00:18:56,869 --> 00:18:59,736
Yeah. Wanna know the
best part about therapy?
410
00:18:59,805 --> 00:19:01,034
Her ass.
411
00:19:03,576 --> 00:19:07,979
Thanks. Joyce Draper drives
a 2002 Ford Explorer SUV.
412
00:19:08,047 --> 00:19:10,175
Fits what the
crime lab said.
413
00:19:11,417 --> 00:19:14,910
What if Lowenstein
was her pet project,
414
00:19:14,987 --> 00:19:16,216
and what if,
for some reason,
415
00:19:16,288 --> 00:19:18,256
she decided that this
was never gonna work,
416
00:19:18,324 --> 00:19:19,519
he was never
gonna change.
417
00:19:19,592 --> 00:19:20,889
Like Dr. Clayburg said.
Right.
418
00:19:20,960 --> 00:19:21,950
Remember what he said?
419
00:19:22,028 --> 00:19:25,623
He said that a woman like Carla
would not have the moxie
420
00:19:25,698 --> 00:19:27,257
to kill Lowenstein
preemptively.
421
00:19:27,333 --> 00:19:28,528
But Joyce Draper would.
422
00:19:28,601 --> 00:19:31,263
Brother would she? With
plenty of moxie left over.
423
00:19:31,337 --> 00:19:33,465
We need to look
into her car.
424
00:19:33,539 --> 00:19:34,700
Hello?
425
00:19:35,341 --> 00:19:36,604
Hospital?
426
00:19:37,043 --> 00:19:38,841
Lowenstein just took
a turn for the worse.
427
00:19:38,911 --> 00:19:40,345
Well, I hope he
doesn't settle out
428
00:19:40,413 --> 00:19:41,847
before we get a chance
to talk to him
429
00:19:41,914 --> 00:19:43,245
about his
favorite shrink.
430
00:19:43,315 --> 00:19:45,750
Okay, we'll be
right there. Thanks.
431
00:19:46,952 --> 00:19:48,681
Pulmonary embolism.
432
00:19:49,455 --> 00:19:51,890
I guarantee you, she's the
only person in this world
433
00:19:51,957 --> 00:19:54,688
that will ever shed
a tear over this guy.
434
00:20:00,166 --> 00:20:02,100
We took a look at
Joyce Draper's car.
435
00:20:02,168 --> 00:20:03,158
Without a warrant?
436
00:20:03,235 --> 00:20:05,863
She offered it up. Just had
it washed and detailed,
437
00:20:05,938 --> 00:20:08,339
didn't expect us
to find anything.
438
00:20:08,741 --> 00:20:09,731
Did you?
Yeah.
439
00:20:09,809 --> 00:20:12,107
A hairline crack
in the front grille
440
00:20:12,178 --> 00:20:14,146
and trace DNA
on the bumper.
441
00:20:14,213 --> 00:20:15,203
Can we match it?
442
00:20:15,281 --> 00:20:19,081
It's a little bit degraded, but the M.E.
says it's definitely Lowenstein's.
443
00:20:19,151 --> 00:20:20,312
What about her alibi?
444
00:20:20,386 --> 00:20:22,514
Home alone,
no way to verify.
445
00:20:22,588 --> 00:20:23,851
What about a motive?
446
00:20:23,923 --> 00:20:26,415
Not so far. But we found
out she quit herjob
447
00:20:26,492 --> 00:20:29,587
at the penitentiary
a week after he got paroled.
448
00:20:29,662 --> 00:20:32,688
That's interesting.
So she bluffed on the car.
449
00:20:32,765 --> 00:20:35,257
Well, let's ask her to come in
and talk to us voluntarily.
450
00:20:35,334 --> 00:20:37,735
She can hardly
say no to that now.
451
00:20:38,871 --> 00:20:40,532
I took a mental
health morning,
452
00:20:40,606 --> 00:20:43,837
stayed home catching up on
back issues of The New Yorker.
453
00:20:43,909 --> 00:20:46,105
You make any calls,
have any visitors?
454
00:20:46,178 --> 00:20:48,010
No, sorry.
455
00:20:48,080 --> 00:20:50,344
Nobody to vouch
for me but myself.
456
00:20:50,416 --> 00:20:52,350
Where was your husband?
457
00:20:52,418 --> 00:20:54,409
He had an early
lecture to give.
458
00:20:55,454 --> 00:20:58,048
The police
examined your car.
459
00:20:59,225 --> 00:21:00,522
I told them they could.
460
00:21:00,593 --> 00:21:03,119
And found a crack
in the front grille.
461
00:21:03,195 --> 00:21:05,357
I rear-ended
somebody ages ago.
462
00:21:05,431 --> 00:21:08,128
It didn't seem worth getting fixed
just to jack up my insurance.
463
00:21:08,701 --> 00:21:09,930
Mmm-hmm.
464
00:21:11,036 --> 00:21:16,167
Crack in the front grille
and Jacob Lowenstein's DNA.
465
00:21:17,443 --> 00:21:19,775
Jacob Lowenstein's DNA?
That's not possible.
466
00:21:19,845 --> 00:21:21,335
Maybe you thought
you'd washed it away?
467
00:21:21,413 --> 00:21:24,144
I really don't know how it could
have gotten there. Are you sure?
468
00:21:24,216 --> 00:21:27,277
Look, Joyce,
we know why you did it.
469
00:21:28,187 --> 00:21:29,814
You knew he shouldn't
be out on the street.
470
00:21:29,889 --> 00:21:31,823
You probably did
the city a real service.
471
00:21:31,891 --> 00:21:35,691
Hell, I wish I could
throw you a parade.
472
00:21:37,630 --> 00:21:41,066
But you also knew he was in
violation of his parole.
473
00:21:41,133 --> 00:21:43,966
If you'd picked up
the phone and called,
474
00:21:44,036 --> 00:21:46,664
he would have been
sent back to prison.
475
00:21:50,342 --> 00:21:54,745
Now, I know the D.A. would
consider a lesser charge.
476
00:21:57,016 --> 00:21:59,110
Vehicular manslaughter,
maybe.
477
00:21:59,185 --> 00:22:02,155
A couple of years in a
minimum security facility,
478
00:22:02,221 --> 00:22:03,382
and you're paroled.
479
00:22:03,455 --> 00:22:06,914
You can go on with your life.
Pick up where you left off.
480
00:22:06,992 --> 00:22:10,724
We can work with you, Joyce.
You hear what I'm saying?
481
00:22:12,565 --> 00:22:16,263
All you have to do is
tell us what happened.
482
00:22:23,075 --> 00:22:24,600
I didn't do it.
483
00:22:30,549 --> 00:22:34,952
The DNA cannot
be explained away.
484
00:22:35,020 --> 00:22:38,684
Please, don't take
your chances at trial.
485
00:22:38,757 --> 00:22:41,317
This here is
your best shot.
486
00:22:44,597 --> 00:22:47,965
Come on.
Tell me what happened.
487
00:22:53,138 --> 00:22:55,573
I can't continue
this conversation.
488
00:22:57,943 --> 00:22:59,741
Not without a lawyer.
489
00:23:10,289 --> 00:23:13,350
She was on the brink. Just couldn't
bring herself to give it up.
490
00:23:13,425 --> 00:23:15,450
If she did, it'd be
the end of her career.
491
00:23:15,527 --> 00:23:18,053
Well, maybe that's what
we should be looking at.
492
00:23:18,130 --> 00:23:19,120
Her career?
493
00:23:19,198 --> 00:23:22,031
Well, her work at the
prison with Lowenstein.
494
00:23:22,101 --> 00:23:24,399
He had to volunteer for
her treatment program.
495
00:23:24,470 --> 00:23:25,938
Maybe those sessions
were taped.
496
00:23:26,005 --> 00:23:27,564
If they were, we might
get a better idea of
497
00:23:27,640 --> 00:23:29,802
what was going on
between the two of them.
498
00:23:29,875 --> 00:23:33,368
So do social workers have
privilege, like shrinks?
499
00:23:33,445 --> 00:23:34,469
Well, it might
not matter.
500
00:23:34,546 --> 00:23:36,708
If he was a prisoner in
an experimental program,
501
00:23:36,782 --> 00:23:39,114
he probably had
to sign a waiver.
502
00:23:42,321 --> 00:23:44,312
I was Joyce's
supervisor on the study.
503
00:23:44,390 --> 00:23:46,688
I understand that
she resigned suddenly.
504
00:23:46,759 --> 00:23:51,162
The recidivism of certain kinds of
offenders, sex offenders, sociopaths,
505
00:23:51,230 --> 00:23:53,562
it's inevitable.
It's death and taxes.
506
00:23:53,632 --> 00:23:56,465
And so is the eventual burn-out of
the people who try to help them.
507
00:23:56,535 --> 00:23:58,333
That's what happened,
she burned out?
508
00:23:58,404 --> 00:24:02,568
I've been Joyce's mentor since
graduate school. Her work is her life.
509
00:24:03,075 --> 00:24:04,338
Her marriage,
personal life,
510
00:24:04,410 --> 00:24:06,902
everything else
takes a back seat.
511
00:24:06,979 --> 00:24:08,606
It's a shame.
512
00:24:08,681 --> 00:24:11,981
She had eight years in on this
study, less than two to go.
513
00:24:12,051 --> 00:24:14,247
What specifically
made her quit?
514
00:24:14,320 --> 00:24:15,845
She hit a wall.
515
00:24:15,921 --> 00:24:16,979
With Lowenstein?
516
00:24:17,056 --> 00:24:18,649
The study has
a built-in component,
517
00:24:18,724 --> 00:24:21,421
so each researcher
gets their own therapist.
518
00:24:21,493 --> 00:24:24,827
I was Joyce's.
It's a firewall of sorts.
519
00:24:25,497 --> 00:24:27,556
So, their personal feelings
about the inmates
520
00:24:27,633 --> 00:24:29,294
don't start to color
the research.
521
00:24:29,368 --> 00:24:30,699
How often did
you see her?
522
00:24:30,769 --> 00:24:32,066
It was supposed
to be once a week.
523
00:24:32,137 --> 00:24:34,731
But toward the end, Joyce upped
it to three times a week.
524
00:24:34,807 --> 00:24:36,400
Do you know why?
525
00:24:37,009 --> 00:24:38,443
Lowenstein was
about to be released.
526
00:24:38,510 --> 00:24:40,604
Her stress level
was through the roof.
527
00:24:40,679 --> 00:24:42,909
She was concerned
about what he'd do?
528
00:24:45,417 --> 00:24:48,944
Take a look at the tape
and judge for yourself.
529
00:24:53,926 --> 00:24:57,055
Oh, don't worry, I've
always been a good daddy.
530
00:24:58,764 --> 00:25:00,755
He practically dared
Draper to stop him.
531
00:25:00,833 --> 00:25:04,167
She must have tracked him from
the halfway house to Sheryl's.
532
00:25:04,236 --> 00:25:08,195
If she was keeping tabs on the
kids, maybe she called the school.
533
00:25:09,675 --> 00:25:12,508
This lady called the office,
said she was Emily's aunt.
534
00:25:12,578 --> 00:25:14,171
Wanted to know
how she was feeling.
535
00:25:14,246 --> 00:25:15,338
What did you tell her?
536
00:25:15,414 --> 00:25:16,848
At first I didn't
tell her anything.
537
00:25:16,915 --> 00:25:19,145
The nurse's office
is not supposed to.
538
00:25:19,218 --> 00:25:21,050
But she was so nice
and so persistent,
539
00:25:21,120 --> 00:25:23,248
and she said she was trying
to reach Emily's mother.
540
00:25:23,956 --> 00:25:25,890
It's okay,
I don't blame you.
541
00:25:25,958 --> 00:25:27,221
You're not going
to get into trouble.
542
00:25:27,826 --> 00:25:30,420
I told her she was a real
trooper, which she is.
543
00:25:30,496 --> 00:25:33,329
Writing and drawing,
even with the cast on.
544
00:25:37,302 --> 00:25:38,497
We checked
the phone records.
545
00:25:38,570 --> 00:25:40,868
Draper placed the call from her
office at the penitentiary
546
00:25:40,939 --> 00:25:42,998
two days before she
ran Lowenstein down.
547
00:25:43,075 --> 00:25:44,702
When does the little
girl break her wrist?
548
00:25:44,777 --> 00:25:48,042
A week after Lowenstein moved in
with them, she fell off her bike.
549
00:25:48,113 --> 00:25:50,104
Draper thought
Lowenstein was to blame.
550
00:25:50,182 --> 00:25:51,775
It's a fair assumption.
551
00:25:51,850 --> 00:25:54,911
And a strong motive.
Have the police pick her up.
552
00:25:56,655 --> 00:25:58,180
Mrs. Draper.
553
00:25:58,257 --> 00:25:59,383
Detectives?
554
00:25:59,458 --> 00:26:01,927
You're under arrest for the
murder of Jacob Lowenstein.
555
00:26:01,994 --> 00:26:03,120
Please don't
handcuff me.
556
00:26:03,195 --> 00:26:06,187
We'll read you your rights in the car.
Come on.
557
00:26:07,266 --> 00:26:09,758
If you're gonna let 'em out,
you'd better keep up with 'em.
558
00:26:09,835 --> 00:26:12,668
We allowed him to go right
back into the same situation,
559
00:26:12,738 --> 00:26:14,763
putting young children
in harm's way.
560
00:26:14,840 --> 00:26:16,604
It's the limitations
of the system.
561
00:26:16,675 --> 00:26:19,337
Too many people on parole,
not enough parole officers.
562
00:26:19,411 --> 00:26:23,245
Well, what's the alternative? Keeping guys
like Lowenstein imprisoned indefinitely?
563
00:26:23,315 --> 00:26:24,874
I wish.
564
00:26:24,950 --> 00:26:27,942
Look, I understand that
everything is a trade-off.
565
00:26:28,020 --> 00:26:30,990
I mean, obviously, the D.A. didn't
have a slam-dunk murder case.
566
00:26:31,056 --> 00:26:32,615
Getting Lowenstein to
plead to manslaughter
567
00:26:32,691 --> 00:26:34,056
was the best that
they could do.
568
00:26:34,126 --> 00:26:36,322
That's what keeps
D.A.'s up at night.
569
00:26:36,395 --> 00:26:38,295
You go for the max,
you could lose.
570
00:26:38,363 --> 00:26:40,798
If you don't, the monster
gets back on the street.
571
00:26:40,866 --> 00:26:44,268
They played the cards they
were dealt, just as we do.
572
00:26:44,336 --> 00:26:48,136
And what Draper did was clearly
wrong, any way you look at it.
573
00:26:48,707 --> 00:26:51,142
We can't countenance
vigilantism.
574
00:26:51,210 --> 00:26:52,200
But realistically...
575
00:26:52,277 --> 00:26:53,506
Realistically?
576
00:26:53,579 --> 00:26:57,413
I know and you know, and Joyce
Draper knows better than any of us,
577
00:26:57,483 --> 00:26:59,884
that the Lowensteins
of the world don't change.
578
00:27:00,686 --> 00:27:02,677
But the law doesn't know.
579
00:27:03,689 --> 00:27:05,623
Maybe the Chinese
have the best idea.
580
00:27:06,825 --> 00:27:09,260
Summary execution.
A bullet to the brain.
581
00:27:09,328 --> 00:27:11,057
And the family
pays for the bullet.
582
00:27:11,830 --> 00:27:13,423
You're not serious?
583
00:27:15,300 --> 00:27:16,324
No.
584
00:27:21,640 --> 00:27:25,702
Therapists who do this
sort of work long enough,
585
00:27:26,512 --> 00:27:28,640
end up in the
same dark place.
586
00:27:28,714 --> 00:27:30,239
JACK: Which is?
587
00:27:30,315 --> 00:27:32,511
They come to realize
they themselves
588
00:27:32,584 --> 00:27:36,020
have been suffering from
narcissistic wishful thinking.
589
00:27:36,588 --> 00:27:39,717
Did Joyce Draper think that she
could cure Jacob Lowenstein?
590
00:27:39,791 --> 00:27:40,849
Objection.
591
00:27:40,926 --> 00:27:43,725
Dr. Peters can't testify to
what Joyce Draper thought
592
00:27:43,795 --> 00:27:44,956
Sustained.
593
00:27:45,931 --> 00:27:47,763
You were her supervisor
and therapist?
594
00:27:47,833 --> 00:27:48,823
Yes.
595
00:27:48,901 --> 00:27:49,925
For how long?
596
00:27:50,002 --> 00:27:51,663
Eight years, six months.
597
00:27:51,737 --> 00:27:53,000
Until she resigned.
598
00:27:53,071 --> 00:27:54,061
Yes.
599
00:27:54,139 --> 00:27:56,233
Was her work at
the prison complete?
600
00:27:56,308 --> 00:27:59,403
No, no. The study still
had 18 months to run.
601
00:27:59,478 --> 00:28:03,608
Would you describe Joyce Draper
as dependable, conscientious?
602
00:28:03,682 --> 00:28:05,275
More than that.
She was driven.
603
00:28:05,350 --> 00:28:07,546
She was thoroughly
committed to her work.
604
00:28:07,619 --> 00:28:11,817
JACK: Did she offer an explanation
about her sudden decision to resign?
605
00:28:11,890 --> 00:28:15,793
In the beginning she'd thought she was
making some progress with Lowenstein,
606
00:28:15,861 --> 00:28:17,829
then she came to realize
he'd been conning her.
607
00:28:17,896 --> 00:28:19,694
Using her.
Those were her words.
608
00:28:19,765 --> 00:28:25,135
How close in time was her resignation
to Lowenstein's release?
609
00:28:25,571 --> 00:28:27,039
Within aweek
of his parole.
610
00:28:27,105 --> 00:28:29,233
And that was the source
of her frustration?
611
00:28:29,308 --> 00:28:31,800
In large part. Certainly
there were other factors.
612
00:28:31,877 --> 00:28:33,003
Such as?
613
00:28:33,078 --> 00:28:35,604
I'd say that the
stresses of her work life
614
00:28:35,681 --> 00:28:38,514
had a ripple effect on other
areas of her life as well.
615
00:28:38,584 --> 00:28:39,779
JACK: At home?
616
00:28:39,851 --> 00:28:43,185
PETERS: This sort of work is bound
to cause strains in a marriage.
617
00:28:43,255 --> 00:28:45,952
Can you say more about the
stress she was under at work?
618
00:28:46,024 --> 00:28:47,788
You might say she
had a crisis of faith.
619
00:28:47,859 --> 00:28:50,988
You see, it's not so much the
particular technique here
620
00:28:51,063 --> 00:28:54,328
that makes the difference, it's
the therapeutic relationship.
621
00:28:54,399 --> 00:28:57,960
Between Joyce Draper
and Jacob Lowenstein?
622
00:28:58,036 --> 00:29:00,937
This kind of offender
tests the basic principle
623
00:29:01,006 --> 00:29:02,496
that everyone
is redeemable.
624
00:29:02,574 --> 00:29:05,373
Therapists have to work
through their own repulsion.
625
00:29:05,444 --> 00:29:08,880
Was Joyce Draper repulsed
by Jacob Lowenstein?
626
00:29:08,947 --> 00:29:09,937
PETERS: Certainly.
627
00:29:10,015 --> 00:29:13,212
And Joyce held herself to
some very high standards.
628
00:29:14,219 --> 00:29:15,983
She couldn't
stand to fail.
629
00:29:16,054 --> 00:29:18,853
JACK: And she failed
with Jacob Lowenstein?
630
00:29:18,924 --> 00:29:20,289
PETERS: Absolutely.
631
00:29:20,926 --> 00:29:23,452
Anyone would.
He was beyond the pale.
632
00:29:26,698 --> 00:29:29,724
Did you know that from the
beginning of the study?
633
00:29:29,801 --> 00:29:31,030
Oh, yes.
634
00:29:31,770 --> 00:29:34,865
But you let her go
ahead with it anyway?
635
00:29:34,940 --> 00:29:38,274
I thought she'd be a better
therapist for it in the long run.
636
00:29:38,343 --> 00:29:39,401
Why?
637
00:29:40,612 --> 00:29:44,674
Joyce is very talented,
maybe too talented.
638
00:29:44,750 --> 00:29:46,684
She thought she could
get through to anyone.
639
00:29:46,752 --> 00:29:49,221
GOIDELL: And this experience
would humble her?
640
00:29:50,322 --> 00:29:53,986
In away she needed to encounter
someone like Lowenstein.
641
00:29:54,059 --> 00:29:57,324
We learn so much more from our
failures than from our successes.
642
00:30:00,032 --> 00:30:02,057
And you set
her up to fail.
643
00:30:10,475 --> 00:30:12,944
I think his testimony
may have cut both ways.
644
00:30:13,011 --> 00:30:14,604
It helped paint
the portrait,
645
00:30:14,680 --> 00:30:17,240
a woman under stress who snapped
when she saw Lowenstein
646
00:30:17,316 --> 00:30:19,717
drop that little girl off at
school with her arm in a cast.
647
00:30:19,785 --> 00:30:22,720
Someone the jury may very
well empathize with.
648
00:30:23,889 --> 00:30:26,290
It's a strong
circumstantial case.
649
00:30:26,591 --> 00:30:30,755
They're still gonna latch on to why a
woman like Draper, a professional woman,
650
00:30:30,829 --> 00:30:33,298
did something so drastic,
so out of character.
651
00:30:33,365 --> 00:30:35,163
It gives the jury cover.
652
00:30:35,233 --> 00:30:37,827
She couldn't have done it, despite
all the evidence to the contrary.
653
00:30:37,903 --> 00:30:39,837
So what about the videotape
from their last session?
654
00:30:39,905 --> 00:30:41,031
Talk about
a two-edged sword.
655
00:30:41,106 --> 00:30:42,335
It gives you such
a visceral sense
656
00:30:42,407 --> 00:30:44,569
of how dangerous
Lowenstein was.
657
00:30:44,643 --> 00:30:47,510
It also shows her motive.
You saw her reaction.
658
00:30:47,579 --> 00:30:49,513
What he was saying to
her stopped her cold.
659
00:30:49,981 --> 00:30:52,450
If the defense is going
forjury nullification...
660
00:30:52,517 --> 00:30:55,111
The imminent threat to the little
girl, a sudden, impulsive act.
661
00:30:55,187 --> 00:30:56,882
The tape supports
premeditation.
662
00:30:56,955 --> 00:30:59,219
She started thinking
about killing him then,
663
00:30:59,291 --> 00:31:01,350
not when she saw him on
the street with Emily.
664
00:31:01,426 --> 00:31:03,053
That was just what made
her pull the trigger.
665
00:31:03,128 --> 00:31:05,256
She'd already
loaded the gun.
666
00:31:06,064 --> 00:31:07,759
It's a huge gamble.
667
00:31:08,500 --> 00:31:10,127
It's your choice.
668
00:31:16,174 --> 00:31:20,168
JACOB: (ON TV) I can't wait to
really get back to society.
669
00:31:21,880 --> 00:31:23,871
Done with the
halfway house,
670
00:31:23,949 --> 00:31:26,247
with some guy telling me
what I can and cannot do.
671
00:31:26,318 --> 00:31:29,185
JOYCE: You still have almost seven
years of parole to comply with.
672
00:31:29,254 --> 00:31:33,248
Oh, sure, I'll show up for
the obligatory urine tests,
673
00:31:34,025 --> 00:31:38,121
and tell my PO exactly
where I am at all times.
674
00:31:39,131 --> 00:31:41,463
Hey, Dr. Draper,
don't worry about it.
675
00:31:41,533 --> 00:31:45,367
You know me, right?
I always follow the rules.
676
00:31:46,304 --> 00:31:47,294
JOYCE: Good.
677
00:31:47,372 --> 00:31:48,965
JACOB: I'm not
coming back here.
678
00:31:49,040 --> 00:31:50,371
No, sir, no way.
679
00:31:54,646 --> 00:31:57,479
You know what I'm really
looking forward to?
680
00:31:58,216 --> 00:31:59,809
No, Jacob, what?
681
00:32:00,419 --> 00:32:02,410
Spending time
with Sheryl.
682
00:32:03,455 --> 00:32:04,854
That's natural.
683
00:32:04,923 --> 00:32:06,322
I'm thinking of
moving in with her.
684
00:32:07,125 --> 00:32:08,684
After you're done
with the halfway house?
685
00:32:08,760 --> 00:32:11,195
Oh, sure, of course,
absolutely.
686
00:32:12,197 --> 00:32:13,562
After that.
687
00:32:14,266 --> 00:32:15,756
Don't you think
it'd be good for you
688
00:32:15,834 --> 00:32:18,235
to have your own
place for a while?
689
00:32:18,303 --> 00:32:20,601
Nah, I never
liked living alone.
690
00:32:21,139 --> 00:32:22,607
I always...
691
00:32:22,674 --> 00:32:25,405
I felt! needed a family,
you know?
692
00:32:27,179 --> 00:32:29,409
A little girl.
Like my Didi.
693
00:32:31,183 --> 00:32:35,051
You think that's wise? Besides the
terms of your parole, clearly...
694
00:32:35,120 --> 00:32:40,183
I know, I know. No unsupervised
contact with minors.
695
00:32:41,960 --> 00:32:43,951
Sheryl will supervise.
696
00:32:46,331 --> 00:32:48,095
Sheryl has children?
697
00:32:48,967 --> 00:32:49,991
I didn't realize that.
698
00:32:50,068 --> 00:32:54,301
Oh, yeah, she has Emily,
a cute little first grader.
699
00:32:55,207 --> 00:33:01,305
This is Emily. Isn't she cute?
Oh, what a face.
700
00:33:01,680 --> 00:33:04,308
And this is her
little brother, Spence.
701
00:33:04,549 --> 00:33:05,641
(CHUCKLING)
702
00:33:08,086 --> 00:33:11,386
Oh, don't worry, I've
always been a good daddy.
703
00:33:14,559 --> 00:33:16,254
(LAUGHING)
704
00:33:21,066 --> 00:33:22,727
You're still here.
705
00:33:22,801 --> 00:33:24,633
I'm writing my
closing statement.
706
00:33:24,703 --> 00:33:26,467
You're going to take it
all the way to the jury.
707
00:33:26,538 --> 00:33:29,530
No reason not to. That
tape was pretty damning.
708
00:33:29,875 --> 00:33:31,240
That's your call,
but a part of me
709
00:33:31,309 --> 00:33:33,368
wouldn't mind seeing this
whole thing go away.
710
00:33:33,445 --> 00:33:34,674
Me, too.
711
00:33:36,715 --> 00:33:38,877
You know, this office
has cut a deal
712
00:33:38,950 --> 00:33:41,044
with the likes of
Jacob Lowenstein.
713
00:33:41,119 --> 00:33:43,486
We could do the same thing
with Joyce Draper.
714
00:33:43,555 --> 00:33:46,217
I'd be happy to if she'd
allocute to what she did.
715
00:33:46,291 --> 00:33:47,383
She won't?
716
00:33:47,459 --> 00:33:50,121
I spoke to her lawyer,
dangled the possibility.
717
00:33:50,195 --> 00:33:52,425
She won't accept
any sort of guilty plea.
718
00:33:52,864 --> 00:33:55,265
I guess she's determined to
see this thing through, too.
719
00:33:55,333 --> 00:33:56,823
Apparently so.
720
00:33:58,303 --> 00:34:00,294
He's putting her
on the stand.
721
00:34:00,772 --> 00:34:02,672
(LAUGHS) Tread lightly.
722
00:34:04,342 --> 00:34:06,504
You know, this case
reminds me of something
723
00:34:06,578 --> 00:34:09,070
a wise old country
lawyer once said.
724
00:34:09,548 --> 00:34:13,985
He said, "You know, the first question
that you ask in any murder case,
725
00:34:14,052 --> 00:34:16,544
"'Did the deceased
deserve to die?"'
726
00:34:22,627 --> 00:34:27,064
JOYCE: I left abruptly, but burnout
isn't exactly rare in my line of work.
727
00:34:27,632 --> 00:34:29,191
GOIDELL: Did your resignation
have anything to do
728
00:34:29,267 --> 00:34:31,463
with Jacob
Lowenstein's release?
729
00:34:31,536 --> 00:34:32,526
No.
730
00:34:32,604 --> 00:34:35,266
Lowenstein's release wasn't
the reason you resigned?
731
00:34:35,874 --> 00:34:37,364
No, it wasn't.
732
00:34:37,976 --> 00:34:40,001
Did you hate
Jacob Lowenstein?
733
00:34:40,879 --> 00:34:41,903
No.
734
00:34:42,547 --> 00:34:45,175
Can you describe
your feelings for him?
735
00:34:46,351 --> 00:34:48,012
I found him fascinating.
736
00:34:48,086 --> 00:34:49,485
Fascinating?
737
00:34:50,655 --> 00:34:52,987
Highly intelligent,
in some ways.
738
00:34:53,992 --> 00:34:56,859
Amoral. Without
conscience or scruple.
739
00:34:56,928 --> 00:34:58,726
I wanted to know
what made him tick.
740
00:34:58,797 --> 00:34:59,787
GOIDELL: Repulsive?
741
00:34:59,864 --> 00:35:01,025
JOYCE: Oh, certainly.
742
00:35:01,099 --> 00:35:03,227
And did you think that
you could help him?
743
00:35:03,301 --> 00:35:04,769
I wanted to try.
744
00:35:04,836 --> 00:35:06,065
Did you have
any success?
745
00:35:06,137 --> 00:35:08,663
I think, through
our work together,
746
00:35:08,740 --> 00:35:11,766
he may have gained some insight
into the sources of his behavior,
747
00:35:11,843 --> 00:35:13,709
which is the first step
to controlling it.
748
00:35:14,813 --> 00:35:16,372
And was he able
to do that?
749
00:35:16,448 --> 00:35:18,075
I don't know.
750
00:35:18,149 --> 00:35:19,981
Were you concerned
about that?
751
00:35:20,051 --> 00:35:21,041
I was.
752
00:35:21,119 --> 00:35:23,247
In fact you called Emily's school
pretending to be her aunt.
753
00:35:23,688 --> 00:35:26,885
They told me she had a broken
wrist, she'd fallen off her bike.
754
00:35:26,958 --> 00:35:27,948
Were you concerned?
755
00:35:28,026 --> 00:35:30,723
Of course, but I didn't have
any proof Jacob was to blame.
756
00:35:30,795 --> 00:35:32,160
And if you did?
757
00:35:32,230 --> 00:35:34,665
I would have reported it
to the authorities.
758
00:35:34,733 --> 00:35:38,499
But you knew that he was living
with Sheryl and her children.
759
00:35:38,570 --> 00:35:42,473
Yes. I tried to reach his
parole officer several times.
760
00:35:43,408 --> 00:35:45,502
Did you take your car
and run him down?
761
00:35:46,411 --> 00:35:48,072
No, I didn't.
762
00:35:48,146 --> 00:35:52,083
So how do you explain his DNA
on the bumper of your car?
763
00:35:52,150 --> 00:35:54,551
I can't. I don't know
how it got there.
764
00:35:54,619 --> 00:35:58,249
I keep my car in a garage. Any number
of people have access to the key.
765
00:35:58,323 --> 00:35:59,415
Objection. Foundation.
766
00:36:00,425 --> 00:36:01,859
Sustained.
767
00:36:01,926 --> 00:36:03,724
GOIDELL: No more
questions, Your Honor.
768
00:36:06,698 --> 00:36:08,462
We all saw the tape.
769
00:36:09,934 --> 00:36:11,834
And during
that session,
770
00:36:12,303 --> 00:36:16,297
didn't he as much as tell you he
was going to harm those children?
771
00:36:16,608 --> 00:36:18,474
I thought he was
being provocative.
772
00:36:18,543 --> 00:36:19,704
Provocative?
773
00:36:19,778 --> 00:36:22,213
It's not uncommon
for patients to want
774
00:36:22,280 --> 00:36:25,443
to end the therapeutic
relationship with a fight.
775
00:36:25,850 --> 00:36:28,319
As a way to get over
their separation anxiety.
776
00:36:28,386 --> 00:36:32,482
But you called the school
anyway to check on Emily.
777
00:36:32,557 --> 00:36:35,822
Checking with the school
seemed unobtrusive and wise.
778
00:36:36,861 --> 00:36:38,454
Why didn't you
call her mother?
779
00:36:38,530 --> 00:36:40,555
I didn't think she'd
tell me the truth.
780
00:36:40,632 --> 00:36:43,658
When you were told that
Emily had a wrist fracture,
781
00:36:43,735 --> 00:36:45,863
did you call
her mother then?
782
00:36:46,371 --> 00:36:49,534
To tell her that you thought
Lowenstein might be to blame?
783
00:36:49,607 --> 00:36:51,507
I didn't want to
jump in too soon.
784
00:36:51,576 --> 00:36:53,567
When would it have been a
good time to intervene?
785
00:36:53,645 --> 00:36:54,806
When she was in a coma?
786
00:36:54,879 --> 00:36:56,142
Objection.
787
00:36:56,214 --> 00:36:59,912
The truth is, you weren't really
concerned about that little girl.
788
00:36:59,984 --> 00:37:02,419
I was planning to check
on her every week.
789
00:37:02,487 --> 00:37:06,321
If Emily had other injuries,
then I'd contact her mother.
790
00:37:06,391 --> 00:37:08,018
Tell her to make
Lowenstein move out,
791
00:37:08,093 --> 00:37:09,891
or I'd report her
to Social Services.
792
00:37:09,961 --> 00:37:12,453
I was trying to
reach a parole officer.
793
00:37:12,530 --> 00:37:16,160
You could have gone the police,
had them look into it.
794
00:37:16,234 --> 00:37:19,431
Lowenstein was in
violation of his parole.
795
00:37:20,305 --> 00:37:22,433
He would have been removed
from that household.
796
00:37:22,507 --> 00:37:24,737
I was debating
when to do that.
797
00:37:26,277 --> 00:37:28,006
You were waiting for the
right moment to kill him.
798
00:37:28,079 --> 00:37:29,069
Objection.
799
00:37:29,147 --> 00:37:30,137
JUDGE: Sustained.
800
00:37:30,215 --> 00:37:32,616
Didn't you stalk
Jacob Lowenstein,
801
00:37:33,151 --> 00:37:35,142
follow him from
his halfway house?
802
00:37:35,220 --> 00:37:37,552
Stake out his fiancée's house?
No.
803
00:37:38,156 --> 00:37:40,955
Follow him when he
brought Emily to school?
804
00:37:41,025 --> 00:37:43,653
I didn't do that. I didn't
even know where they lived.
805
00:37:43,728 --> 00:37:45,696
You knew which school
Emily attended.
806
00:37:45,764 --> 00:37:48,426
All you had to do
was follow her home.
807
00:37:48,500 --> 00:37:50,969
She'd lead you
directly to Lowenstein.
808
00:37:51,035 --> 00:37:52,799
Isn't that
the simple truth?
809
00:37:52,871 --> 00:37:54,896
I didn't do that.
I didn't.
810
00:37:56,908 --> 00:37:59,741
You never intended to
call the police, did you?
811
00:38:21,199 --> 00:38:24,499
There are several things to
remember about this case.
812
00:38:25,170 --> 00:38:27,764
Lots of people hated
Jacob Lowenstein.
813
00:38:28,807 --> 00:38:31,208
And with good reason.
He was a danger.
814
00:38:31,743 --> 00:38:34,144
To the community,
to our children.
815
00:38:36,181 --> 00:38:39,583
Other people had access
to Joyce Draper's car.
816
00:38:40,485 --> 00:38:42,681
There's reasonable doubt here,
ladies and gentlemen.
817
00:38:42,754 --> 00:38:45,519
And that reasonable doubt
is only strengthened
818
00:38:45,590 --> 00:38:48,184
when you consider
who Joyce Draper is.
819
00:38:48,726 --> 00:38:50,524
A professional woman.
820
00:38:51,329 --> 00:38:56,096
Someone who has devoted her entire
life to helping other people.
821
00:38:57,435 --> 00:38:59,995
There are people
who belong in prison,
822
00:39:00,071 --> 00:39:01,937
like Jacob Lowenstein,
823
00:39:03,474 --> 00:39:05,704
and there are
people who don't.
824
00:39:08,646 --> 00:39:13,447
Joyce Draper does
not belong in prison.
825
00:39:22,093 --> 00:39:24,460
It's frustrating,
as a prosecutor,
826
00:39:24,529 --> 00:39:27,362
when you're sure
someone's a murderer
827
00:39:27,432 --> 00:39:31,596
but the only thing you can convict
him of is tax evasion or assault.
828
00:39:31,669 --> 00:39:34,639
It's frustrating.
But it's fundamental.
829
00:39:34,706 --> 00:39:37,300
You can't punish a crime
that you can't prove.
830
00:39:37,375 --> 00:39:38,900
That's where
the penal code
831
00:39:38,977 --> 00:39:41,571
meets the Declaration
of Independence.
832
00:39:42,113 --> 00:39:45,708
What do you do as a cop if you're
sure there's a bad man on your beat
833
00:39:45,783 --> 00:39:48,684
but you don't have
a made case against him?
834
00:39:48,753 --> 00:39:52,314
You don't frame him, you can't
harass him, you make the case.
835
00:39:52,390 --> 00:39:54,620
You definitely
don't shoot him.
836
00:39:55,193 --> 00:39:59,130
So, what should
you do as a citizen
837
00:39:59,998 --> 00:40:04,367
if you're sure a monstrous predator
has been released from prison
838
00:40:04,435 --> 00:40:07,735
because they couldn't hold
him anymore under the law?
839
00:40:08,273 --> 00:40:11,573
Write your own law? Run
him down in the street?
840
00:40:11,976 --> 00:40:16,106
You make sure that the
state enforces its rules.
841
00:40:16,180 --> 00:40:18,376
You get him for
violating parole.
842
00:40:18,449 --> 00:40:20,349
The day he moves
in with Sheryl,
843
00:40:20,418 --> 00:40:22,216
you have the cops
at the door.
844
00:40:22,287 --> 00:40:23,721
You make sure
they watch him.
845
00:40:23,788 --> 00:40:28,419
And if they don't, if the system
messes up, if he hurts someone,
846
00:40:29,193 --> 00:40:32,629
like Lowenstein could've
hurt Sheryl's little girl,
847
00:40:32,697 --> 00:40:36,361
you sound the general alarm, you
call the police and the papers.
848
00:40:36,434 --> 00:40:38,960
You go on TV.
You make a scandal.
849
00:40:39,704 --> 00:40:41,798
Not a plan to
commit murder.
850
00:40:43,408 --> 00:40:46,105
Joyce Draper is
talented and brilliant.
851
00:40:47,145 --> 00:40:50,137
She might be the smartest
person in this room.
852
00:40:50,214 --> 00:40:55,015
She's a sympathetic defendant, and Jacob
Lowenstein was a repulsive victim.
853
00:40:55,086 --> 00:40:59,114
It doesn't matter. Joyce Draper
murdered Jacob Lowenstein,
854
00:40:59,190 --> 00:41:02,820
deliberately,
with malice a forethought.
855
00:41:02,894 --> 00:41:05,261
And there's no reasonable
doubt about that whatsoever.
856
00:41:06,497 --> 00:41:11,025
She didn't even really try to
explain his blood on her car
857
00:41:11,102 --> 00:41:15,096
because she's betting on you
to let her get away with it.
858
00:41:16,507 --> 00:41:18,703
Citizens, no matter
what their role,
859
00:41:18,776 --> 00:41:22,041
if it's a doctor, or a police
officer, a prosecutor,
860
00:41:23,081 --> 00:41:24,446
or a juror,
861
00:41:26,784 --> 00:41:30,778
may not take the law
into their own hands.
862
00:41:33,124 --> 00:41:35,718
Joyce Draper
belongs in jail,
863
00:41:36,294 --> 00:41:40,094
long enough to make it
plain that we as a society
864
00:41:40,164 --> 00:41:45,000
will not tolerate citizens
choosing who lives and who dies.
865
00:41:47,972 --> 00:41:50,464
And it's up to you
to put her there.
866
00:42:03,654 --> 00:42:05,144
Is this a record-breaker?
867
00:42:05,223 --> 00:42:06,748
No, but it is
pretty fast.
868
00:42:06,824 --> 00:42:09,486
Thejury didn't have much choice,
after her story unraveled
869
00:42:09,560 --> 00:42:12,825
and you countered Goidell's
wink-wink nudge-nudge to the jury.
870
00:42:12,897 --> 00:42:14,228
We'll see.
871
00:42:20,171 --> 00:42:21,434
All rise.
872
00:42:32,250 --> 00:42:33,547
Have you reached a verdict?
873
00:42:33,818 --> 00:42:35,582
We have, Your Honor.
874
00:42:40,858 --> 00:42:42,087
How say you?
875
00:42:42,560 --> 00:42:45,586
On the charge of murder
in the second degree,
876
00:42:45,663 --> 00:42:47,757
we find the defendant
not guilty.
877
00:43:15,660 --> 00:43:18,186
They knew she was guilty but didn't
want to hold her accountable.
878
00:43:18,262 --> 00:43:20,856
Goidell gave them a door to
walk through and they took it.
879
00:43:20,932 --> 00:43:22,127
They don't think
the system works
880
00:43:22,200 --> 00:43:24,635
for guys like Lowenstein
any more than we do.
881
00:43:24,702 --> 00:43:25,828
So what's the answer?
882
00:43:25,903 --> 00:43:27,564
Nobody has one.
883
00:43:27,638 --> 00:43:31,632
I think that's exactly why Joyce
Draper's on her way home tonight.