1 00:00:01,302 --> 00:00:04,536 the people are represented by two separate 2 00:00:04,538 --> 00:00:06,505 yet equally important groups: 3 00:00:06,507 --> 00:00:08,908 The police, who investigate crime 4 00:00:08,909 --> 00:00:11,310 and the district attorneys, who prosecute the offenders. 5 00:00:11,312 --> 00:00:13,779 These are their stories. 6 00:00:13,781 --> 00:00:17,149 ( garbled radio transmission ) 7 00:00:17,151 --> 00:00:19,184 OFFICER: So my brother-in-law 8 00:00:19,186 --> 00:00:21,186 moves into Hell's Kitchen. 9 00:00:21,188 --> 00:00:22,321 Doctor? 10 00:00:22,323 --> 00:00:23,355 The genius. 11 00:00:23,357 --> 00:00:25,024 Quarter-mil on 46th Street. 12 00:00:25,026 --> 00:00:27,159 He says he's a pioneer. 13 00:00:27,161 --> 00:00:29,428 Hope he's got a gun. 14 00:00:31,265 --> 00:00:34,299 WOMAN: If I never see another off-record statement 15 00:00:34,301 --> 00:00:35,467 it will be too soon. 16 00:00:35,469 --> 00:00:37,569 I'm just happy for the overtime. 17 00:00:37,571 --> 00:00:39,371 We do all the work. 18 00:00:39,373 --> 00:00:41,140 They make all the bucks. 19 00:00:41,142 --> 00:00:43,042 Come on, I called a cab. 20 00:00:43,044 --> 00:00:44,043 I'll drop you. 21 00:00:44,045 --> 00:00:46,145 I'm charging it to a client. 22 00:00:46,147 --> 00:00:47,379 You live in Queens. 23 00:00:47,381 --> 00:00:49,148 Where you gonna drop me? 24 00:00:49,150 --> 00:00:51,150 We'll swing over to your place... No, that's okay. 25 00:00:51,152 --> 00:00:53,585 I'm just gonna take a subway. It's the only exercise I get. 26 00:00:53,587 --> 00:00:54,586 You sure? 27 00:00:54,588 --> 00:00:56,655 Sure, I do it all the time. 28 00:01:02,396 --> 00:01:04,129 DRIVER: Where to, lady? 29 00:01:04,131 --> 00:01:05,831 Gooden's pitching. The kid should see it. 30 00:01:05,833 --> 00:01:08,167 She never heard of negotiation? 31 00:01:08,169 --> 00:01:09,268 You swap days. 32 00:01:09,270 --> 00:01:10,836 Nope. By the book. 33 00:01:10,838 --> 00:01:12,438 Every other weekend. 34 00:01:12,440 --> 00:01:14,406 I got to call my damn lawyer 35 00:01:14,408 --> 00:01:17,142 to take the kid to the freakin' zoo. 36 00:01:17,144 --> 00:01:18,644 27 car for a signal 10-56. DISPATCH: 37 00:01:18,646 --> 00:01:21,180 in the alley. Corner of Water and Vesey 38 00:01:21,182 --> 00:01:22,281 27 Charlie, 10-4. 39 00:01:43,404 --> 00:01:45,704 Central K, we have a female down. 40 00:01:45,706 --> 00:01:48,173 Need ambulance on corner of Water and Vesey. 41 00:01:48,175 --> 00:01:49,308 Roger, 27. DISPATCH: 42 00:01:50,377 --> 00:01:52,444 ( labored breathing ) 43 00:01:57,618 --> 00:01:59,651 I'll talk to them in five. 44 00:02:04,191 --> 00:02:06,191 Call came in at 1:17. 45 00:02:06,193 --> 00:02:08,193 We were around the corner. 46 00:02:08,195 --> 00:02:09,261 A mugging? 47 00:02:09,263 --> 00:02:11,296 Too hysterical to talk. 48 00:02:11,298 --> 00:02:12,731 Where's the caller? 49 00:02:12,733 --> 00:02:14,466 Joined the Silent Majority. 50 00:02:14,468 --> 00:02:16,385 911 anonymous. 51 00:02:16,386 --> 00:02:18,303 Probably used a pay phone around the corner. 52 00:02:18,305 --> 00:02:21,740 Found it down the block. License says her name's Amy Newhouse. 53 00:02:21,742 --> 00:02:23,709 453 West 45th. 54 00:02:23,711 --> 00:02:26,211 I got ten bucks says she's taking self-defense 55 00:02:26,213 --> 00:02:28,213 at the 92nd Street Y. You know, I wish 56 00:02:28,215 --> 00:02:30,415 they'd teach these people it's not worth the fight. 57 00:02:30,417 --> 00:02:33,218 Yeah, well, I doubt this one put up much of a fight. 58 00:02:33,220 --> 00:02:34,486 What makes you say that? 59 00:02:34,488 --> 00:02:35,621 She's preggo. 60 00:02:35,623 --> 00:02:37,289 Out to here. 61 00:02:39,627 --> 00:02:41,527 Tough town. 62 00:02:41,529 --> 00:02:43,162 ( whistles ) 63 00:02:45,332 --> 00:02:49,401 Captioning sponsored by NBC/UNIVERSAL 64 00:04:07,414 --> 00:04:09,414 12 hours in E.R., you see everything. 65 00:04:09,416 --> 00:04:11,283 Did you see Amy Newhouse? 66 00:04:11,285 --> 00:04:13,418 Yeah, I admitted her around 2:00 a.m. 67 00:04:13,420 --> 00:04:14,419 Roughed up, nothing's broken. 68 00:04:14,421 --> 00:04:16,288 Scratches, scrapes, bruises. 69 00:04:16,290 --> 00:04:18,423 That's a first for this rotation. 70 00:04:18,425 --> 00:04:20,425 Looks like the patient will be just fine. 71 00:04:20,427 --> 00:04:22,427 Paramedics said she was pregnant. 72 00:04:22,429 --> 00:04:24,429 Yeah, maybe five, six months. 73 00:04:24,431 --> 00:04:26,365 Well? 74 00:04:26,366 --> 00:04:28,300 Some women sneeze too hard, it causes a miscarriage. 75 00:04:28,302 --> 00:04:31,303 Others, they run a triathlon, everything's hunky-dory. 76 00:04:31,305 --> 00:04:33,305 What's that, a medical term? 77 00:04:33,307 --> 00:04:34,973 Partial abruption of the fetus. 78 00:04:34,975 --> 00:04:37,976 The placenta starts to separate from the uterine wall. 79 00:04:37,978 --> 00:04:40,412 We've got her hooked up to fetal monitors. 80 00:04:40,414 --> 00:04:42,414 All we can do is wait and see. 81 00:04:42,416 --> 00:04:44,316 You catch the guy? 82 00:04:44,318 --> 00:04:46,618 Nope. Belongs in a cage. 83 00:04:46,620 --> 00:04:49,421 Talk about your sociopaths. 84 00:04:49,423 --> 00:04:52,391 This guy kicks her two, maybe three times right in the belly. 85 00:04:52,393 --> 00:04:54,459 Can you tell us where can we find her? 86 00:04:54,461 --> 00:04:55,594 Yeah, upstairs, 612 South. 87 00:05:02,336 --> 00:05:05,003 I only had $20. 88 00:05:05,005 --> 00:05:07,005 Credit cards? 89 00:05:07,007 --> 00:05:09,341 I don't have any. 90 00:05:09,343 --> 00:05:10,509 Amy... 91 00:05:10,511 --> 00:05:12,711 can you remember anything about this man? 92 00:05:12,713 --> 00:05:16,081 How tall he might have been or something he might have said? 93 00:05:18,519 --> 00:05:20,419 It's okay. 94 00:05:20,421 --> 00:05:22,321 It's all right. 95 00:05:22,323 --> 00:05:24,523 He grabbed me from behind. 96 00:05:24,525 --> 00:05:26,525 I never even saw him. 97 00:05:26,527 --> 00:05:29,494 He took my bag. 98 00:05:29,496 --> 00:05:32,431 The next thing, I was on the ground. 99 00:05:34,368 --> 00:05:37,402 My baby... 100 00:05:37,404 --> 00:05:40,739 He took your bag and then he kicked you? 101 00:05:42,643 --> 00:05:46,712 What were you doing out at that hour? 102 00:05:46,714 --> 00:05:49,781 My boss kept me late. 103 00:05:49,783 --> 00:05:53,985 I work for a law firm-- Wood, Carlton, Troy. 104 00:05:55,422 --> 00:05:56,788 Has anybody contacted 105 00:05:56,790 --> 00:05:58,490 your husband? 106 00:06:01,562 --> 00:06:03,362 I'm not married. 107 00:06:03,364 --> 00:06:05,097 The father? 108 00:06:05,099 --> 00:06:07,799 Chris. 109 00:06:07,801 --> 00:06:09,534 He's at work. 110 00:06:09,536 --> 00:06:11,002 He's a cabby. 111 00:06:13,374 --> 00:06:17,642 You know, I would have given that man my money. 112 00:06:24,151 --> 00:06:25,684 What about the baby? 113 00:06:25,686 --> 00:06:28,687 So far, so good. 114 00:06:28,689 --> 00:06:31,089 New York was Amy's idea. 115 00:06:31,091 --> 00:06:34,059 Saw Working Girl one too many times. 116 00:06:34,061 --> 00:06:37,429 You think that bunch of lawyers gives a damn about her 117 00:06:37,431 --> 00:06:39,064 keeping her there till all hours? 118 00:06:39,066 --> 00:06:42,100 She always walk to the subway that late? 119 00:06:42,102 --> 00:06:44,803 She's a secretary of some hotshot partner. 120 00:06:44,805 --> 00:06:46,738 Jerk thinks he owns her. 121 00:06:46,740 --> 00:06:49,808 A million times, I asked her what she needed that job for 122 00:06:49,810 --> 00:06:51,810 but she wanted the overtime. 123 00:06:51,812 --> 00:06:53,745 Maybe now we can go back to Wisconsin. 124 00:06:53,747 --> 00:06:56,114 Look, I've got to get to the hospital. 125 00:06:58,452 --> 00:07:00,752 She's going to be okay. 126 00:07:00,754 --> 00:07:02,721 The baby is a question mark. 127 00:07:02,723 --> 00:07:05,724 Great, so for 20 bucks we might have a murder? 128 00:07:05,726 --> 00:07:07,759 If he already had her bag 129 00:07:07,761 --> 00:07:09,861 he didn't need to kick her. 130 00:07:09,863 --> 00:07:12,197 This city is known for its mental health? 131 00:07:12,199 --> 00:07:14,733 Or maybe somebody had something else in mind. 132 00:07:14,735 --> 00:07:15,867 Like for instance? 133 00:07:15,869 --> 00:07:17,669 Like causing a miscarriage. 134 00:07:17,671 --> 00:07:20,839 That's a hell of a way to get your jollies. 135 00:07:20,841 --> 00:07:25,710 We'll run the M.O. through the assault files. 136 00:07:25,712 --> 00:07:29,548 Could be this started closer to home. 137 00:07:31,618 --> 00:07:33,151 CRAGEN: All right. 138 00:07:33,153 --> 00:07:35,053 Talk to the neighbor. 139 00:07:35,055 --> 00:07:38,156 See if you can get a read on the boyfriend. 140 00:07:38,158 --> 00:07:40,058 I'm sorry. 141 00:07:40,060 --> 00:07:43,161 My hearing, you know. 142 00:07:43,163 --> 00:07:48,733 The best thing about getting old is you only have to do it once. 143 00:07:48,735 --> 00:07:50,702 ( laughing ) 144 00:07:50,704 --> 00:07:53,138 Oh, that Amy, oh, she's a doll. 145 00:07:53,140 --> 00:07:56,141 She brings me papers every day. 146 00:07:56,143 --> 00:07:57,576 The stairs, you know. 147 00:07:57,578 --> 00:07:59,778 They're such a nice young couple 148 00:07:59,780 --> 00:08:02,113 and now a baby. 149 00:08:02,115 --> 00:08:04,850 So Chris was happy about the baby? 150 00:08:04,852 --> 00:08:07,219 He thought he was too young. 151 00:08:07,221 --> 00:08:10,789 I was his age when I was already expecting my third. 152 00:08:10,791 --> 00:08:11,823 Mrs. Fisher... 153 00:08:11,825 --> 00:08:14,826 Hmm? 154 00:08:14,827 --> 00:08:17,828 Listen... did you ever hear anything... you know, strange 155 00:08:17,831 --> 00:08:20,198 coming from their apartment? 156 00:08:20,200 --> 00:08:26,872 Well, since Sam died, I only turn these on for guests. 157 00:08:26,874 --> 00:08:28,206 Are you kidding? 158 00:08:28,208 --> 00:08:30,542 The walls are like toilet paper. 159 00:08:30,544 --> 00:08:31,843 This isn't exactly Gramercy Park. 160 00:08:31,845 --> 00:08:34,746 Ever hear anything out of the ordinary? 161 00:08:34,748 --> 00:08:36,665 Put it this way-- 162 00:08:36,666 --> 00:08:38,583 every time he's in the mood, I know about it. 163 00:08:38,585 --> 00:08:40,585 Couple of horny toads. Ought to be a law. 164 00:08:40,587 --> 00:08:42,153 Any violence? 165 00:08:42,155 --> 00:08:45,290 Yeah, the guy blew his top every now and again. 166 00:08:45,292 --> 00:08:48,960 Did you ever see Chris actually hit Amy? 167 00:08:48,962 --> 00:08:53,632 Last spring, she had a cast on her arm. 168 00:08:53,634 --> 00:08:54,966 And you think 169 00:08:54,968 --> 00:08:56,635 Chris caused that? 170 00:08:56,637 --> 00:08:59,571 She said she fell. 171 00:08:59,573 --> 00:09:01,873 Who am I to say otherwise? 172 00:09:05,712 --> 00:09:08,213 In my opinion, the guy's a dip. 173 00:09:08,215 --> 00:09:10,749 The fare wanted to go to Forest Hills 174 00:09:10,751 --> 00:09:12,984 he took them to Forest Lawn. 175 00:09:12,986 --> 00:09:14,853 You kept him on. 176 00:09:14,855 --> 00:09:16,655 Almost a year. 177 00:09:16,657 --> 00:09:18,857 Honest beats smart any time. 178 00:09:18,859 --> 00:09:20,992 Was Chris on duty Tuesday night? 179 00:09:20,994 --> 00:09:24,563 Uh, graveyard-- 12:00 to 8:00. 180 00:09:24,565 --> 00:09:27,265 How much trouble could he get into after midnight? 181 00:09:27,267 --> 00:09:30,001 Can you tell me where he was around 1:00? 182 00:09:34,274 --> 00:09:35,874 Somewhere on the L.I.E. 183 00:09:35,876 --> 00:09:39,277 Picked up a fare at 79th and Columbus. 184 00:09:39,279 --> 00:09:40,912 Took them out to Kennedy. 185 00:09:40,914 --> 00:09:42,614 37 bucks on the meter. 186 00:09:42,616 --> 00:09:44,749 Another 40 coming home. 187 00:09:47,588 --> 00:09:49,354 He was in the wrong borough 188 00:09:49,356 --> 00:09:51,656 at the time of the attack. 189 00:09:51,658 --> 00:09:53,758 So much for Ken popping Barbie. 190 00:09:53,760 --> 00:09:54,893 That's no alibi. 191 00:09:54,895 --> 00:09:57,262 Hey, summer of '82 I hacked part-time 192 00:09:57,264 --> 00:09:58,763 to pay tuition. 193 00:09:58,765 --> 00:10:00,999 Sometimes middle of the night, I'd get lonely. 194 00:10:01,001 --> 00:10:03,902 I'd park my cab in front of Janie Meyer's house, 195 00:10:03,904 --> 00:10:05,770 leave the meter running, go inside 196 00:10:05,772 --> 00:10:08,006 take care of business, pay the fare myself. 197 00:10:08,008 --> 00:10:10,041 Which would amount to what, about $2 or $3? 198 00:10:10,043 --> 00:10:13,645 Like going to Jersey and back. 199 00:10:13,647 --> 00:10:15,280 Let's go talk to the girl. 200 00:10:15,282 --> 00:10:18,917 Back home we had the real thing-- 120 pounds. 201 00:10:18,919 --> 00:10:20,885 His name was Regis. 202 00:10:20,887 --> 00:10:23,888 He shouldn't have spent the money, 203 00:10:23,890 --> 00:10:25,890 but that's Chris. 204 00:10:25,892 --> 00:10:28,693 So Chris was happy about the baby? 205 00:10:28,695 --> 00:10:30,895 Hmm. That's all he talked about. 206 00:10:30,897 --> 00:10:34,799 All he wants out of life is a wife and half a dozen kids. 207 00:10:34,801 --> 00:10:37,736 Amy, we know about your broken arm last spring. 208 00:10:40,340 --> 00:10:42,307 You want to tell us how you got it? 209 00:10:42,309 --> 00:10:44,409 I fell down. 210 00:10:44,411 --> 00:10:46,344 In the middle of a fight? 211 00:10:46,346 --> 00:10:48,680 No, I told you that... 212 00:10:48,682 --> 00:10:49,814 Amy, there's no reason 213 00:10:49,816 --> 00:10:52,017 to protect Chris if he did this to you. 214 00:10:52,019 --> 00:10:54,686 What do you think-- Chris is an animal? 215 00:10:54,688 --> 00:10:57,756 He wouldn't hurt me or his baby. 216 00:11:00,427 --> 00:11:01,960 LOGAN: Look... 217 00:11:01,962 --> 00:11:03,328 he hit her once. 218 00:11:03,330 --> 00:11:05,063 He'd hit her again. This much is clear-- 219 00:11:05,065 --> 00:11:06,965 she is lying about the broken arm. 220 00:11:06,967 --> 00:11:09,334 You think he wanted to nix the kid? 221 00:11:09,336 --> 00:11:11,269 Wait a minute, wait a minute. Wife-beatings are spontaneous. 222 00:11:11,271 --> 00:11:13,371 Are you saying he actually drove cross town then waited 223 00:11:13,373 --> 00:11:16,041 outside her office in order to pop her? All right, a theory. 224 00:11:16,043 --> 00:11:18,376 Chris wasn't as happy about fatherhood 225 00:11:18,378 --> 00:11:20,078 as Amy would have us believe. 226 00:11:20,080 --> 00:11:23,848 She wouldn't get an abortion, so it was a do-it-yourself job. 227 00:11:23,850 --> 00:11:25,884 Okay, so he loses his temper now and then. 228 00:11:25,886 --> 00:11:27,886 But beat her enough so she'll lose the baby? 229 00:11:27,888 --> 00:11:29,454 Any way you look at it 230 00:11:29,456 --> 00:11:31,790 the wheel stops at the boyfriend. 231 00:11:31,792 --> 00:11:33,958 He's got buttons. Push them. 232 00:11:33,960 --> 00:11:35,994 I know how it is, Chris. 233 00:11:35,996 --> 00:11:37,996 She ticks you off 234 00:11:37,998 --> 00:11:40,732 so maybe you lose your temper. 235 00:11:40,734 --> 00:11:42,300 It happens all the time. 236 00:11:42,302 --> 00:11:43,868 Maybe I hit her once, 237 00:11:43,870 --> 00:11:46,971 but that was a long time ago, before she got pregnant. 238 00:11:46,973 --> 00:11:48,740 I'd like to believe you 239 00:11:48,742 --> 00:11:51,376 but whoever did this to Amy had one thing in mind. 240 00:11:51,378 --> 00:11:52,944 You think I would hurt my baby? 241 00:11:52,946 --> 00:11:54,746 Hey, I know how tough it is 242 00:11:54,748 --> 00:11:56,314 raising a family. You're broke, you're young. 243 00:11:56,316 --> 00:11:57,949 The last thing you need is someone... 244 00:11:57,951 --> 00:12:00,819 We'd get by. 245 00:12:03,123 --> 00:12:08,727 Chris, if you speak up now, maybe the D.A. will listen. 246 00:12:08,729 --> 00:12:10,829 The D.A.? 247 00:12:10,831 --> 00:12:12,464 Yeah. 248 00:12:12,466 --> 00:12:13,932 Amy's pressing charges? 249 00:12:13,934 --> 00:12:15,166 Nobody's under arrest. 250 00:12:15,168 --> 00:12:16,901 She knows I couldn't have done this. 251 00:12:16,903 --> 00:12:18,970 I love her. I love the baby. 252 00:12:20,173 --> 00:12:21,172 ( knock at door ) 253 00:12:21,174 --> 00:12:24,476 Amy had a miscarriage. 254 00:12:24,478 --> 00:12:26,411 Oh, God. 255 00:12:33,019 --> 00:12:35,754 If the fetus was less than 24 weeks old 256 00:12:35,756 --> 00:12:39,190 there's no homicide, and all we've got is assault. 257 00:12:39,192 --> 00:12:40,391 You've got to be kidding me. 258 00:12:40,393 --> 00:12:42,143 That's the statute. 259 00:12:42,144 --> 00:12:43,894 That's great. So, a bunch of lawyers decide 260 00:12:43,897 --> 00:12:45,497 whether you're alive enough to be murdered. 261 00:12:45,499 --> 00:12:48,500 Better yet, it could vary state to state. 262 00:12:48,502 --> 00:12:50,034 Oh, that's wonderful. Good thing they weren't 263 00:12:50,036 --> 00:12:51,870 traveling cross-country when he beat her. 264 00:12:51,872 --> 00:12:53,938 Would've been like Tic-Tac-Toe-- here we charge you, 265 00:12:53,940 --> 00:12:56,508 here we don't. Guys, what do you want me to tell you? 266 00:12:56,510 --> 00:12:58,944 The law always makes sense? 267 00:12:58,945 --> 00:13:01,379 Ours is not to question why; just pick up the garbage. 268 00:13:01,381 --> 00:13:05,817 Fellas, just try to find out how far along this girl was. 269 00:13:05,819 --> 00:13:07,418 Without the trauma 270 00:13:07,420 --> 00:13:09,420 she would have had a healthy boy. 271 00:13:09,422 --> 00:13:12,423 Can you tell us if the fetus was 24 weeks old? 272 00:13:12,425 --> 00:13:15,927 The B.P.D. is 5.8 centimeters. 273 00:13:15,929 --> 00:13:18,997 Femur lengths 4.4. 274 00:13:18,999 --> 00:13:21,499 In my opinion, probably about 25 weeks. 275 00:13:21,501 --> 00:13:23,968 In other words, there's no way to tell for sure? 276 00:13:23,970 --> 00:13:26,004 Did you check with her regular O.B.? 277 00:13:26,006 --> 00:13:28,406 She said she didn't have one. 278 00:13:28,408 --> 00:13:31,409 Look, I don't know what to tell you. 279 00:13:31,411 --> 00:13:35,013 We take amnios, we run sonograms 280 00:13:35,015 --> 00:13:38,016 but the best story is the old way-- 281 00:13:38,018 --> 00:13:39,584 counting backwards. 282 00:13:39,586 --> 00:13:42,520 Amy, the D.A. does not like hostile witnesses. 283 00:13:42,522 --> 00:13:44,322 There's always a chance 284 00:13:44,324 --> 00:13:46,958 that he's going to charge you with obstruction. 285 00:13:46,960 --> 00:13:48,827 You don't really want 286 00:13:48,829 --> 00:13:51,429 to go to jail for Chris, do you? 287 00:13:52,966 --> 00:13:54,866 Okay. 288 00:13:57,370 --> 00:13:59,470 Chris did hit me once. 289 00:14:01,274 --> 00:14:03,908 But it was a long time ago. 290 00:14:03,910 --> 00:14:06,411 He... 291 00:14:06,413 --> 00:14:09,013 he found out I was cheating. 292 00:14:09,015 --> 00:14:10,982 With who? 293 00:14:12,419 --> 00:14:13,952 My boss. 294 00:14:13,954 --> 00:14:15,320 Your current boss, 295 00:14:15,322 --> 00:14:16,588 Mr. Alcott? 296 00:14:18,959 --> 00:14:20,925 It was his baby. 297 00:14:22,095 --> 00:14:24,128 Chris didn't know that. 298 00:14:24,130 --> 00:14:27,398 Chris thought he was the father. 299 00:14:27,400 --> 00:14:31,035 Was Mr. Alcott in the office on Tuesday night? 300 00:14:32,405 --> 00:14:35,473 Yeah. He left ten minutes before I did. 301 00:14:39,412 --> 00:14:41,346 I'm sorry about the mess. 302 00:14:41,348 --> 00:14:43,581 It's been 15-hour days since November 303 00:14:43,583 --> 00:14:45,383 with the takeover. 304 00:14:45,385 --> 00:14:48,386 Amy said you were with her the night of the attack. 305 00:14:48,388 --> 00:14:50,021 Yeah. 306 00:14:50,023 --> 00:14:52,023 I heard about the baby. 307 00:14:52,025 --> 00:14:53,558 Look, I, uh, feel responsible. 308 00:14:53,560 --> 00:14:56,327 I'd kept her here late that night. 309 00:14:56,329 --> 00:14:59,364 We had to be at the printer at 8:00 a.m. 310 00:14:59,366 --> 00:15:03,334 I had the temp send her flowers. 311 00:15:03,336 --> 00:15:05,436 What time did you leave? 312 00:15:05,438 --> 00:15:08,006 Oh, must have been about a quarter of 1:00. 313 00:15:08,008 --> 00:15:10,308 I asked her to finish typing 314 00:15:10,309 --> 00:15:12,609 an opinion letter and fax it to our clients in Houston. 315 00:15:12,612 --> 00:15:15,613 I just told her she could go home. 316 00:15:15,615 --> 00:15:19,550 I knew she liked to walk, but, you know, at that hour... 317 00:15:19,552 --> 00:15:21,586 See anybody hanging around outside the building? 318 00:15:21,588 --> 00:15:24,422 No, sorry. Grabbed a cab, went off to my club. 319 00:15:24,424 --> 00:15:26,057 At 1:00 in the morning? 320 00:15:26,059 --> 00:15:27,625 I live in Mamaroneck. 321 00:15:27,627 --> 00:15:30,061 If I were to go home, I'd just have to 322 00:15:30,063 --> 00:15:33,064 hop right back on the train and come back to the city. 323 00:15:33,066 --> 00:15:36,000 I always stay at the club when I'm forced to work late. 324 00:15:36,002 --> 00:15:37,468 Is that often? 325 00:15:37,470 --> 00:15:39,504 Law isn't 9:00 to 5:00. 326 00:15:39,506 --> 00:15:44,475 So your relationship with Amy was purely professional, right? 327 00:15:44,477 --> 00:15:47,478 My wife was Summa at Bryn Mawr. 328 00:15:47,480 --> 00:15:49,681 Amy is a sweet young girl. 329 00:15:49,683 --> 00:15:51,549 She's not my type. 330 00:15:57,390 --> 00:16:00,158 CERRETA: So this is the place for the other woman, huh? 331 00:16:00,160 --> 00:16:02,160 BARTENDER: Members have their own rules. 332 00:16:02,162 --> 00:16:04,963 Wives-- they take to the Yale Club 333 00:16:04,965 --> 00:16:06,164 Knickerbocker-- 334 00:16:06,166 --> 00:16:08,533 but here, it's strictly extracurricular. 335 00:16:08,535 --> 00:16:10,468 What about Mr. Alcott? 336 00:16:10,470 --> 00:16:12,136 Nice guy. 337 00:16:12,138 --> 00:16:14,172 Drinks Johnny black, straight up. 338 00:16:14,174 --> 00:16:15,707 Does he drink it alone? 339 00:16:15,709 --> 00:16:22,080 Look, last year I picked up an extra ten grand in stock tips 340 00:16:22,082 --> 00:16:24,048 in a down market. 341 00:16:24,050 --> 00:16:26,751 keeping quiet. A big part of the job's 342 00:16:26,753 --> 00:16:28,152 Yeah, right. 343 00:16:28,154 --> 00:16:30,655 I can get very long-winded 344 00:16:30,657 --> 00:16:33,424 when I pull people in for questioning. 345 00:16:33,426 --> 00:16:35,059 Sometimes it can go 346 00:16:35,061 --> 00:16:37,428 into the middle of the evening. 347 00:16:37,430 --> 00:16:40,598 And then if I don't happen to tell my partner 348 00:16:40,600 --> 00:16:43,001 what I asked you, that could go... what..? 349 00:16:43,003 --> 00:16:46,104 At least another day. Oh, yeah. 350 00:16:46,106 --> 00:16:48,473 All right. 351 00:16:48,475 --> 00:16:49,741 Off the record... 352 00:16:51,044 --> 00:16:52,276 Yeah. 353 00:16:52,278 --> 00:16:55,213 Alcott has a good time now and then. 354 00:16:55,215 --> 00:16:56,647 Ah. 355 00:16:58,118 --> 00:16:59,617 With her? 356 00:16:59,619 --> 00:17:02,153 Yeah. 357 00:17:02,155 --> 00:17:04,055 Miss Meyers and tonic. 358 00:17:04,057 --> 00:17:06,290 Tuesday night-- was he here? 359 00:17:06,292 --> 00:17:08,026 Came in around 1:00. 360 00:17:08,028 --> 00:17:11,629 I'm supposed to close the place, but what the hell? 361 00:17:11,631 --> 00:17:14,699 He's a regular. Belted down a couple, hit the rooms upstairs. 362 00:17:16,302 --> 00:17:18,069 Chris isn't my type. 363 00:17:18,071 --> 00:17:20,304 A little too rough around the edges. 364 00:17:20,306 --> 00:17:23,574 But Amy must have seen something in him. 365 00:17:23,576 --> 00:17:25,076 They get along? 366 00:17:25,078 --> 00:17:27,078 Used to be pretty rocky. 367 00:17:27,080 --> 00:17:30,081 When Amy got pregnant, Chris was all lovey-dovey. 368 00:17:30,083 --> 00:17:32,083 What about her boss, Alcott? 369 00:17:33,319 --> 00:17:34,685 Well, a lawyer. 370 00:17:34,687 --> 00:17:36,254 Enough said. 371 00:17:36,256 --> 00:17:39,057 Amy told us she was seeing him. 372 00:17:39,059 --> 00:17:40,825 She said the baby was his. 373 00:17:40,827 --> 00:17:42,593 Set up an appointment for her 374 00:17:42,595 --> 00:17:45,196 at some fancy Park Avenue ob-gyn. 375 00:17:45,198 --> 00:17:48,166 He was going to pay for the whole thing 376 00:17:48,168 --> 00:17:51,202 and send her on a cruise off to St. Thomas-- real sport. 377 00:17:51,204 --> 00:17:52,770 But she didn't want an abortion, right? 378 00:17:52,772 --> 00:17:55,306 She didn't want to go through with it. 379 00:17:55,308 --> 00:17:57,241 Alcott exploded. The door was closed, 380 00:17:57,243 --> 00:17:59,143 but you could hear him down the hall. 381 00:18:05,151 --> 00:18:08,086 What now? The security guard saw us together? 382 00:18:08,088 --> 00:18:10,321 Actually, the bartender at your club. 383 00:18:10,323 --> 00:18:12,757 I told you-- when I work late at the office 384 00:18:12,759 --> 00:18:14,759 I spend the night at the club. 385 00:18:14,761 --> 00:18:16,761 Sometimes Amy brings me papers from the office. 386 00:18:16,763 --> 00:18:18,863 I bought her a drink. That doesn't mean we're lovers 387 00:18:18,865 --> 00:18:21,165 and it certainly doesn't mean that I beat her up. 388 00:18:21,167 --> 00:18:23,534 She says she was carrying your baby. 389 00:18:23,536 --> 00:18:25,536 She's very convincing. 390 00:18:25,538 --> 00:18:28,639 Yeah? Well, my daughter swears there's a Tooth Fairy 391 00:18:28,641 --> 00:18:31,142 but that doesn't make it so. 392 00:18:32,879 --> 00:18:37,715 I have clients waiting. If you don't mind. 393 00:18:42,355 --> 00:18:45,656 Of course he denied it. 394 00:18:45,658 --> 00:18:49,293 I've been a legal secretary for four years. 395 00:18:49,295 --> 00:18:51,295 They're all risk-adverse. 396 00:18:51,297 --> 00:18:56,200 to submit to a blood test? You ever ask him 397 00:18:56,202 --> 00:18:59,203 He never questioned that it was his baby. 398 00:18:59,205 --> 00:19:02,273 At this point he denies ever having slept with you. 399 00:19:02,275 --> 00:19:05,877 Unfortunately, it comes down to your word against his. 400 00:19:05,879 --> 00:19:08,146 How appropriate. 401 00:19:16,890 --> 00:19:18,890 He loved to dictate. 402 00:19:18,892 --> 00:19:21,626 The law wasn't the only thing 403 00:19:21,628 --> 00:19:23,327 on his mind. 404 00:19:25,832 --> 00:19:31,235 I thought I might need it sometime for protection. 405 00:19:34,207 --> 00:19:36,707 With the marital deduction trust ALCOTT: 406 00:19:36,709 --> 00:19:39,343 to the next generation the after-tax savings 407 00:19:39,345 --> 00:19:41,279 will be $280,000. 408 00:19:41,281 --> 00:19:44,315 in the shower. I love to see you naked 409 00:19:44,317 --> 00:19:45,416 Slut. 410 00:19:48,354 --> 00:19:52,190 She's the one who wanted me to make that tape, you know. 411 00:19:52,192 --> 00:19:54,825 She asked me to do it, said it made her hot. 412 00:19:54,827 --> 00:19:56,694 Doesn't sound like she's the only one. 413 00:19:56,696 --> 00:19:58,196 Come on, it was a Christmas party. 414 00:19:58,198 --> 00:20:00,231 It was the first one I'd been to in years. 415 00:20:00,233 --> 00:20:01,866 I had a little too much to drink. 416 00:20:01,868 --> 00:20:03,334 And she was your present? 417 00:20:03,336 --> 00:20:06,737 All right, so I slept with her. 418 00:20:06,739 --> 00:20:08,839 It's been five or six months. 419 00:20:08,841 --> 00:20:10,474 Once she got pregnant? 420 00:20:10,476 --> 00:20:12,476 I put on the brakes once she got pregnant. 421 00:20:12,478 --> 00:20:15,213 I begged her to get an abortion. 422 00:20:15,215 --> 00:20:16,948 So it was your baby? 423 00:20:16,950 --> 00:20:19,850 She said she'd stopped sleeping with her boyfriend. 424 00:20:19,852 --> 00:20:21,352 You believe that? 425 00:20:21,354 --> 00:20:23,754 It's a 50-50 shot. What am I gonna do?! 426 00:20:23,756 --> 00:20:27,725 I can't afford a paternity suit. I said I'd help her out 427 00:20:27,727 --> 00:20:29,660 financially-- I could live with that. 428 00:20:29,662 --> 00:20:30,895 True or false-- 429 00:20:30,897 --> 00:20:33,364 your life is much easier if she miscarries? 430 00:20:33,366 --> 00:20:35,233 Hold on now. 431 00:20:35,235 --> 00:20:38,336 No, the boyfriend knew that she was sleeping around. 432 00:20:38,338 --> 00:20:39,904 He probably did it. 433 00:20:39,906 --> 00:20:43,841 She's lucky he didn't have a shotgun. 434 00:20:43,843 --> 00:20:48,012 Yes, Chris knew it was David's baby. 435 00:20:48,014 --> 00:20:51,382 Yeah, so how did he react when he found out? 436 00:20:51,384 --> 00:20:54,885 He was mad, but... 437 00:20:54,887 --> 00:20:57,955 he didn't hit me. 438 00:20:57,957 --> 00:20:59,423 He didn't do this. 439 00:20:59,425 --> 00:21:01,792 Listen, you been jerking us around 440 00:21:01,794 --> 00:21:02,860 since day one. 441 00:21:05,898 --> 00:21:09,433 Look... Chris thought 442 00:21:09,435 --> 00:21:11,269 this baby 443 00:21:11,271 --> 00:21:12,737 would make us rich. 444 00:21:12,739 --> 00:21:16,374 He said Alcott would have to pay for his mistake. 445 00:21:16,376 --> 00:21:19,343 Are you telling us you blackmailed Alcott? 446 00:21:19,345 --> 00:21:23,814 I didn't want to do it at first, but Chris said I was entitled. 447 00:21:23,816 --> 00:21:25,016 And did he pay? 448 00:21:25,018 --> 00:21:27,818 $2,000. 449 00:21:27,820 --> 00:21:29,287 We figured 450 00:21:29,289 --> 00:21:31,355 it was like a security blanket 451 00:21:31,357 --> 00:21:33,324 in case he tried to fire me. 452 00:21:33,326 --> 00:21:34,725 But Chris kept saying 453 00:21:34,727 --> 00:21:36,961 that this baby was our meal ticket. 454 00:21:36,963 --> 00:21:38,029 And he was sure 455 00:21:38,031 --> 00:21:40,331 that Alcott would pay big money 456 00:21:40,333 --> 00:21:42,817 to keep us quiet. 457 00:21:42,818 --> 00:21:45,302 I didn't say anything before because... 458 00:21:45,305 --> 00:21:48,372 will we have to go to jail? 459 00:21:50,877 --> 00:21:52,476 They're a couple of hayseeds who thought 460 00:21:52,478 --> 00:21:54,078 they'd squeeze Alcott for the big bucks. 461 00:21:54,080 --> 00:21:55,980 Alcott had a lot to lose-- 462 00:21:55,982 --> 00:21:57,432 money, wife, kids... 463 00:21:57,433 --> 00:21:58,883 Partnership... CRAGEN: The other secretary? 464 00:21:58,885 --> 00:22:00,234 Beverly Kern. 465 00:22:00,235 --> 00:22:01,584 ...said he has one hell of a temper. 466 00:22:01,587 --> 00:22:03,270 Alcott left the office 467 00:22:03,271 --> 00:22:04,954 knowing Amy would be down in a few minutes. 468 00:22:04,957 --> 00:22:06,590 He knew her route home. 469 00:22:06,592 --> 00:22:09,327 He waited in the alley, and bingo. 470 00:22:09,329 --> 00:22:10,995 Witnesses? 471 00:22:10,997 --> 00:22:12,463 One. Reported the attack, disappeared. 472 00:22:12,465 --> 00:22:14,465 and opportunity. So you got motive 473 00:22:14,467 --> 00:22:16,467 It's all circumstantial. 474 00:22:16,469 --> 00:22:18,469 Come on, Paul-- the guy's a lawyer. 475 00:22:18,471 --> 00:22:21,472 He's going to be talking deal before we slap the cuffs on him. 476 00:22:21,474 --> 00:22:22,873 I'd hock the house on it. 477 00:22:22,875 --> 00:22:24,825 Assault's a possibility. 478 00:22:24,826 --> 00:22:26,776 Murder may still be a stretch with the 24-week statute. 479 00:22:26,779 --> 00:22:28,813 I'm game if you are. 480 00:22:34,821 --> 00:22:36,020 Go. 481 00:22:42,862 --> 00:22:45,129 Excuse me. You just can't walk in 482 00:22:45,131 --> 00:22:46,797 without an appointment... 483 00:22:46,799 --> 00:22:48,966 David Alcott, you are under arrest for the murder 484 00:22:48,968 --> 00:22:51,369 of the unborn son of Amy Newhouse. 485 00:22:51,371 --> 00:22:52,503 You have the right 486 00:22:52,505 --> 00:22:54,255 to remain silent. 487 00:22:54,256 --> 00:22:56,006 If you choose to not exercise that right, anything you say 488 00:22:56,008 --> 00:22:57,608 can and will be used against you in 489 00:22:57,610 --> 00:22:59,577 a court of law. You have the right to... 490 00:23:02,148 --> 00:23:05,149 BAILIFF: Docket # 1422, People v. David M. Alcott. 491 00:23:05,151 --> 00:23:07,418 The charges are murder in the second degree 492 00:23:07,420 --> 00:23:08,753 assault in the first degree. 493 00:23:08,754 --> 00:23:10,087 JUDGE: How does the defendant plead? 494 00:23:10,089 --> 00:23:11,622 This is absurd, Your Honor. These char... 495 00:23:11,624 --> 00:23:14,458 This is not a board room, Mr. Alcott. 496 00:23:14,460 --> 00:23:17,094 plan to enter a plea? Mr. Manley, does your client 497 00:23:17,096 --> 00:23:19,563 Not guilty, Your Honor. 498 00:23:19,565 --> 00:23:20,598 Applications. 499 00:23:20,600 --> 00:23:22,833 $250,000 bail, Your Honor. 500 00:23:22,835 --> 00:23:24,168 What? 501 00:23:24,170 --> 00:23:25,703 That is unconscionable. 502 00:23:25,705 --> 00:23:27,738 My client is an esteemed bar member. 503 00:23:27,740 --> 00:23:29,573 Aren't we all, Mr. Manley? 504 00:23:29,575 --> 00:23:33,611 It would be court-sanctioned extortion, Your Honor. 505 00:23:33,613 --> 00:23:35,713 The people's case hardly rises 506 00:23:35,715 --> 00:23:37,515 to the level of frivolity. 507 00:23:37,517 --> 00:23:40,518 Your regard for our judicial system is admirable. 508 00:23:40,520 --> 00:23:43,487 The bail is set at $100,000. 509 00:23:43,489 --> 00:23:44,822 No way is it murder. 510 00:23:44,824 --> 00:23:46,824 I just talked with Alcott. 511 00:23:46,826 --> 00:23:48,492 You can read minds? 512 00:23:48,494 --> 00:23:50,494 I can read a calendar. 513 00:23:50,496 --> 00:23:52,730 The first time they slept together? 514 00:23:52,732 --> 00:23:54,198 The Christmas party. 515 00:23:54,200 --> 00:23:56,133 That's 20 weeks before the attack. 516 00:23:56,135 --> 00:23:58,068 Good theory. Only she says they started 517 00:23:58,070 --> 00:23:59,737 sleeping together in early December. 518 00:23:59,739 --> 00:24:01,739 Who do you think the jury will believe? 519 00:24:01,741 --> 00:24:05,509 Come on! No witnesses. No evidence. 520 00:24:05,511 --> 00:24:07,111 Even assault is a stretch. 521 00:24:07,113 --> 00:24:09,513 Do everyone a favor. 522 00:24:09,515 --> 00:24:10,514 Menacing. 523 00:24:10,516 --> 00:24:12,616 Under the carpet, quick and easy. 524 00:24:12,618 --> 00:24:13,784 No time. 525 00:24:13,786 --> 00:24:15,486 A "B" misdemeanor? Yeah. 526 00:24:15,488 --> 00:24:16,487 Try man one. 527 00:24:16,489 --> 00:24:17,822 He attacked her with intent. 528 00:24:17,824 --> 00:24:19,490 He is innocent, Paul. 529 00:24:19,492 --> 00:24:20,491 Come on. 530 00:24:20,493 --> 00:24:21,725 He has a family 531 00:24:21,727 --> 00:24:23,494 a reputation. 532 00:24:23,496 --> 00:24:26,497 Fine. Tell his family they get visiting days. 533 00:24:26,499 --> 00:24:28,799 I need Chris and Amy to convict Alcott. 534 00:24:28,801 --> 00:24:31,802 Why not plead him down to petty larceny? 535 00:24:31,804 --> 00:24:32,803 Probation. 536 00:24:32,805 --> 00:24:33,871 From extortion? 537 00:24:33,873 --> 00:24:35,873 Already admitted to blackmailing him. 538 00:24:35,875 --> 00:24:37,141 They're kids, Adam. 539 00:24:37,143 --> 00:24:39,109 A jury will acquit on sympathy alone. 540 00:24:39,111 --> 00:24:41,111 Even with them, it's rough sailing. 541 00:24:41,113 --> 00:24:42,646 No physical evidence. 542 00:24:42,648 --> 00:24:45,616 The only eyewitness vanished. 543 00:24:45,618 --> 00:24:47,084 Alcott's going into that courtroom 544 00:24:47,086 --> 00:24:48,619 with a suitcase of respect. 545 00:24:48,621 --> 00:24:50,187 That's no defense. 546 00:24:50,189 --> 00:24:51,622 That's reasonable doubt. 547 00:24:51,624 --> 00:24:54,525 Maybe if you want to make an assault case 548 00:24:54,527 --> 00:24:55,559 but murder... 549 00:24:55,561 --> 00:24:56,894 The statute says 24 weeks. 550 00:24:56,896 --> 00:24:58,496 Manley's got an expert. 551 00:24:58,498 --> 00:24:59,797 He's got his expert. 552 00:24:59,799 --> 00:25:01,198 I've got mine. 553 00:25:01,200 --> 00:25:03,601 You pay enough, they'll say anything. 554 00:25:05,104 --> 00:25:07,104 AMY: Chris worked nights. 555 00:25:07,106 --> 00:25:09,507 I worked days. 556 00:25:09,509 --> 00:25:11,208 I was lonely. 557 00:25:11,210 --> 00:25:13,210 David didn't force me. 558 00:25:13,212 --> 00:25:15,679 I wanted to go. 559 00:25:15,681 --> 00:25:18,215 When did you first start sleeping with Mr. Alcott? 560 00:25:18,217 --> 00:25:19,750 I don't know. 561 00:25:19,752 --> 00:25:22,653 We started working late on a takeover deal. 562 00:25:22,655 --> 00:25:25,189 It must have been early December. 563 00:25:27,226 --> 00:25:30,227 And how long had this been going on? 564 00:25:30,229 --> 00:25:32,196 Maybe a month. 565 00:25:32,198 --> 00:25:33,697 Until I got pregnant. 566 00:25:33,699 --> 00:25:36,233 STONE: What happened when you got pregnant? 567 00:25:36,235 --> 00:25:39,970 He told me I had to get an abortion. 568 00:25:39,972 --> 00:25:42,907 He told me it was the right thing. 569 00:25:42,909 --> 00:25:45,809 What was your response to that? 570 00:25:47,179 --> 00:25:48,946 I couldn't do it. 571 00:25:48,948 --> 00:25:52,783 And how did Mr. Alcott react to that? 572 00:25:52,785 --> 00:25:55,786 He threatened to fire me. 573 00:25:55,788 --> 00:26:01,692 But I told him that I would go to the . 574 00:26:01,694 --> 00:26:05,162 In other words, you thought you would blackmail the defendant. 575 00:26:05,164 --> 00:26:06,263 He owed us. 576 00:26:06,265 --> 00:26:07,798 He got her pregnant. 577 00:26:07,800 --> 00:26:08,899 He should pay. 578 00:26:08,901 --> 00:26:10,267 What should he pay? 579 00:26:10,269 --> 00:26:11,669 He gave us 2,000. 580 00:26:11,671 --> 00:26:13,704 I told Amy to ask for ten. 581 00:26:13,706 --> 00:26:16,607 And what if he refused? 582 00:26:16,609 --> 00:26:17,942 We'd go to his wife 583 00:26:17,944 --> 00:26:20,611 and then we'd sue the partnership 584 00:26:20,613 --> 00:26:21,912 for sex discrimination. 585 00:26:21,914 --> 00:26:23,614 He threw her out of his office. 586 00:26:23,616 --> 00:26:24,915 What did you do? 587 00:26:24,917 --> 00:26:26,917 I went to see him. 588 00:26:26,919 --> 00:26:29,887 I said the price went up to 20,000. 589 00:26:29,889 --> 00:26:33,724 He said it would be a cold day in hell 590 00:26:33,726 --> 00:26:35,893 before some white trash screwed up his life. 591 00:26:35,895 --> 00:26:39,296 He wouldn't give a nickel. 592 00:26:39,298 --> 00:26:42,032 I measured the biparietal diameter 593 00:26:42,034 --> 00:26:44,201 and the femur lengths of the fetus. 594 00:26:44,203 --> 00:26:45,803 Indicating what, Doctor? 595 00:26:45,805 --> 00:26:48,639 That the fetus was 25 weeks old. 596 00:26:48,641 --> 00:26:49,740 Thank you. 597 00:26:51,611 --> 00:26:56,647 There are several ways of determining the age of a fetus. 598 00:26:56,649 --> 00:26:58,649 Isn't that true, Dr. Mishon? 599 00:26:58,651 --> 00:27:01,752 B.P.D. measurements can be taken interuterally by sonogram 600 00:27:01,754 --> 00:27:04,054 or in a post-rejection fetus autopsy. 601 00:27:04,056 --> 00:27:06,357 When did you take these measurements? 602 00:27:06,359 --> 00:27:07,891 In an autopsy. 603 00:27:07,893 --> 00:27:10,294 That certainly is the more accurate 604 00:27:10,296 --> 00:27:11,295 of the methods. 605 00:27:11,297 --> 00:27:12,329 Ah. 606 00:27:12,331 --> 00:27:15,766 And what is the margin of error 607 00:27:15,768 --> 00:27:19,803 for post-rejection B.P.D. measurements? 608 00:27:19,805 --> 00:27:22,806 Well, that can vary with the equipment and... 609 00:27:22,808 --> 00:27:25,676 What is the accepted margin of error? 610 00:27:25,678 --> 00:27:28,812 Plus or minus two to three weeks. 611 00:27:28,814 --> 00:27:30,347 So... 612 00:27:30,349 --> 00:27:35,386 Ms. Newhouse's fetus could have been 22 weeks old. 613 00:27:35,388 --> 00:27:37,688 Isn't that correct? 614 00:27:37,690 --> 00:27:40,257 Yes. 615 00:27:40,259 --> 00:27:42,426 Thank you, Doctor. 616 00:27:42,428 --> 00:27:44,428 Your Honor, considering the fact 617 00:27:44,430 --> 00:27:48,432 that not even the prosecution's expert can say with confidence 618 00:27:48,434 --> 00:27:51,969 is at least 24 weeks of age that the fetus in question 619 00:27:51,971 --> 00:27:54,405 I move that the charge 620 00:27:54,407 --> 00:27:58,442 of murder in the second degree be dismissed immediately. 621 00:27:58,444 --> 00:28:01,111 Your Honor, Dr. Mishon has testified... 622 00:28:01,113 --> 00:28:03,013 In my chambers, gentlemen. 623 00:28:03,015 --> 00:28:07,017 Mr. Stone knows he should not have brought those charges. 624 00:28:07,019 --> 00:28:09,853 It's obvious he's only trying to back in 625 00:28:09,855 --> 00:28:11,989 to the lesser-charged felony. 626 00:28:11,991 --> 00:28:13,991 He should have raised this issue in pretrial motions. 627 00:28:13,993 --> 00:28:16,711 Oh, be serious, Ben. 628 00:28:16,712 --> 00:28:19,430 I can parade a dozen experts through that courtroom. 629 00:28:19,432 --> 00:28:22,766 You only tacked on murder to outrage the jury. 630 00:28:22,768 --> 00:28:25,836 Now they'd convict him for killing J.F.K. 631 00:28:25,838 --> 00:28:27,838 for God's sakes. The age of the fetus 632 00:28:27,840 --> 00:28:31,008 is a question of fact for the jury. 633 00:28:31,010 --> 00:28:33,110 of law for me. it's a question No, Mr. Stone, 634 00:28:33,112 --> 00:28:37,815 The defendant's motion is granted. 635 00:28:38,951 --> 00:28:41,418 There's nothing we can do? 636 00:28:41,420 --> 00:28:42,953 The statute is clear. 637 00:28:42,955 --> 00:28:44,855 But medical science, unfortunately, is not. 638 00:28:44,857 --> 00:28:47,858 You mean if it happened two weeks later 639 00:28:47,860 --> 00:28:49,460 he'd go to jail? 640 00:28:49,462 --> 00:28:51,462 The assault charges weren't dismissed. 641 00:28:51,464 --> 00:28:53,764 He can serve five to 15. 642 00:28:53,766 --> 00:28:56,033 Five years for a life? 643 00:28:56,035 --> 00:28:58,135 We heard the heart beat. 644 00:28:58,137 --> 00:28:59,803 We felt the kicks. 645 00:28:59,805 --> 00:29:01,939 I'm sorry, Amy. 646 00:29:04,744 --> 00:29:07,044 Manley's smart. 647 00:29:07,045 --> 00:29:09,345 Get an assault conviction, and he claims any evidence 648 00:29:09,348 --> 00:29:11,782 relating to the loss of the fetus was improper. 649 00:29:11,784 --> 00:29:14,384 ROBINETTE: That's why he didn't object 650 00:29:14,386 --> 00:29:16,787 to the charge prior to trial. 651 00:29:16,789 --> 00:29:19,790 If it's a mistrial, Alcott walks away untouched. 652 00:29:19,792 --> 00:29:21,492 ( phone rings ) 653 00:29:24,463 --> 00:29:26,063 Yes? 654 00:29:26,065 --> 00:29:28,766 Thank you. 655 00:29:29,835 --> 00:29:31,168 Not quite untouched. 656 00:29:31,170 --> 00:29:33,170 Chris and Amy just filed 657 00:29:33,172 --> 00:29:35,172 a $10-million lawsuit against Alcott. 658 00:29:35,174 --> 00:29:37,174 Retained council, Jacob Bloom. 659 00:29:37,176 --> 00:29:39,209 The King of Torts? 660 00:29:39,211 --> 00:29:43,847 The Prince of Darkness. 661 00:29:43,849 --> 00:29:45,182 The woman miscarried. 662 00:29:45,184 --> 00:29:47,151 We're talking major league suffering. 663 00:29:47,153 --> 00:29:50,053 Not to mention the lifetime earnings potential 664 00:29:50,055 --> 00:29:51,955 of a healthy white male. 665 00:29:51,957 --> 00:29:53,791 You win the criminal side. 666 00:29:53,793 --> 00:29:55,092 Cuts my work in half. 667 00:29:55,094 --> 00:29:56,544 I'm rooting for you. 668 00:29:56,545 --> 00:29:57,995 Mr. Alcott is bucking 669 00:29:57,997 --> 00:30:00,030 for a mistrial. 670 00:30:00,031 --> 00:30:02,064 This kind of publicity won't hurt his cause. 671 00:30:02,067 --> 00:30:04,001 You've got no limitations problem. 672 00:30:04,003 --> 00:30:05,502 You could have waited. 673 00:30:05,504 --> 00:30:07,905 Is this jealousy I'm hearing? 674 00:30:07,907 --> 00:30:09,890 It's nausea. 675 00:30:09,891 --> 00:30:11,874 Ambulance-chasing brings that out in me. 676 00:30:11,877 --> 00:30:15,212 Whoa, better check your playbill, Mr. Robinette. 677 00:30:15,214 --> 00:30:16,980 Your friends came to me 678 00:30:16,982 --> 00:30:20,050 the day after she got out of the hospital. 679 00:30:23,022 --> 00:30:24,588 I had a hell of a time 680 00:30:24,590 --> 00:30:29,893 convincing her to wait for the criminal case to begin. 681 00:30:29,895 --> 00:30:32,863 That was a pretty short period of mourning. 682 00:30:32,865 --> 00:30:34,865 When my secretary's cat died 683 00:30:34,867 --> 00:30:37,201 she took a week off from work. 684 00:30:37,203 --> 00:30:38,869 A million-dollar damages. 685 00:30:38,871 --> 00:30:41,205 It's the American dream, I guess 686 00:30:41,207 --> 00:30:45,008 but some people will make it any way they can. 687 00:30:45,010 --> 00:30:48,145 There's always the chance that she's suing on principle. 688 00:30:48,147 --> 00:30:51,148 What do we know about Amy Newhouse anyway? 689 00:30:51,150 --> 00:30:53,851 Some firms have switched to H.M.O.s 690 00:30:53,853 --> 00:30:56,854 but we still stand by your basic health coverage. 691 00:30:56,856 --> 00:30:58,155 So checkups aren't covered? 692 00:30:58,157 --> 00:31:00,591 Not unless they find something wrong. 693 00:31:00,593 --> 00:31:03,627 Here we go... Amy Newhouse put in a claim February 3. 694 00:31:03,629 --> 00:31:06,597 The company reimbursed her on the 18th. 695 00:31:06,599 --> 00:31:08,131 There was something wrong? 696 00:31:08,133 --> 00:31:11,068 Well, for most people, pregnancy is a blessing. 697 00:31:11,070 --> 00:31:13,570 Insurance companies call it a disability. 698 00:31:13,572 --> 00:31:16,573 Do you have her doctor's name? 699 00:31:16,575 --> 00:31:17,574 Bernard Gluck. 700 00:31:17,576 --> 00:31:19,142 36th and 3rd. 701 00:31:21,580 --> 00:31:22,980 Amy Newhouse. 702 00:31:25,050 --> 00:31:26,516 Healthy young girl. 703 00:31:26,518 --> 00:31:28,051 Everything was fine. 704 00:31:28,053 --> 00:31:31,021 On February 3, you told her she was pregnant? 705 00:31:31,023 --> 00:31:32,990 That was the checkup. 706 00:31:32,991 --> 00:31:34,958 I told her she was pregnant back in December-- the 19th. 707 00:31:34,960 --> 00:31:38,929 That boyfriend of hers-- he nearly jumped for joy. 708 00:31:38,931 --> 00:31:40,631 I haven't seen her since. How's she doing? 709 00:31:40,633 --> 00:31:42,900 Not too well. 710 00:31:44,136 --> 00:31:46,637 Letter read Barsky family trust. ALCOTT: 711 00:31:46,639 --> 00:31:48,639 As per my prior communication 712 00:31:48,641 --> 00:31:51,642 will benefit two generations the tax savings 713 00:31:51,644 --> 00:31:55,178 of the generation-skipping tax. without running afoul 714 00:31:55,180 --> 00:31:57,080 Last night was spectacular. 715 00:31:57,082 --> 00:31:58,081 You were right. 716 00:31:58,083 --> 00:31:59,549 It was worth the wait. 717 00:31:59,551 --> 00:32:01,618 Better than I ever imagined. 718 00:32:01,620 --> 00:32:03,620 The first sight of you naked... 719 00:32:03,622 --> 00:32:04,988 ( stops tape ) 720 00:32:04,990 --> 00:32:07,624 So, what? We admit it; he had the affair. 721 00:32:07,626 --> 00:32:10,294 It sounds like you dictated that letter 722 00:32:10,296 --> 00:32:13,163 the day after your first night with Amy. 723 00:32:13,165 --> 00:32:14,631 There is a point to this? 724 00:32:14,633 --> 00:32:17,167 It was dated the 23rd of December. 725 00:32:17,169 --> 00:32:19,970 The day after the Christmas party. 726 00:32:19,972 --> 00:32:22,639 How many times do I have to tell you? 727 00:32:22,641 --> 00:32:24,708 I told you she was lying. 728 00:32:24,710 --> 00:32:27,210 There is no way the baby was 24 weeks. 729 00:32:27,212 --> 00:32:30,113 You made me jump through hoops for nothing. 730 00:32:30,115 --> 00:32:33,183 Save the theatrics, Jerry. The murder charges were dismissed. 731 00:32:33,185 --> 00:32:35,202 The point is her doctor 732 00:32:35,203 --> 00:32:37,220 says she was already pregnant on the 19th of December. 733 00:32:37,222 --> 00:32:38,322 That little... 734 00:32:38,324 --> 00:32:41,124 I want this case dropped immediately 735 00:32:41,126 --> 00:32:43,260 and I want a public apology. 736 00:32:43,262 --> 00:32:46,163 So the baby couldn't have been mine. 737 00:32:50,035 --> 00:32:52,669 They knew all along Chris was the father. 738 00:32:52,671 --> 00:32:55,005 They set Alcott up for blackmail. 739 00:32:55,007 --> 00:32:56,573 Doesn't affect his guilt. What's important is 740 00:32:56,575 --> 00:32:58,442 that he thought the baby was his. 741 00:32:58,444 --> 00:33:02,079 The creeps manipulate this office, the police, Alcott from the start. 742 00:33:02,081 --> 00:33:03,747 All right, they're liars. 743 00:33:03,749 --> 00:33:06,116 Doesn't make them killers. 744 00:33:06,118 --> 00:33:08,251 Maybe the blackmail was camouflage. 745 00:33:08,253 --> 00:33:09,987 Maybe their ultimate goal 746 00:33:09,989 --> 00:33:11,989 is a civil suit. 747 00:33:11,990 --> 00:33:13,990 There may be more to Chris than we originally thought. 748 00:33:13,993 --> 00:33:15,993 He practiced law in Wisconsin. 749 00:33:15,995 --> 00:33:18,028 And now 750 00:33:18,030 --> 00:33:19,663 he's driving a cab? 751 00:33:19,665 --> 00:33:22,032 Disbarred in '89. 752 00:33:22,034 --> 00:33:24,201 What are you going to do, Ben? 753 00:33:24,203 --> 00:33:26,636 Well, straightforward won't work. 754 00:33:26,638 --> 00:33:28,739 We got to hit him from behind. 755 00:33:28,741 --> 00:33:32,542 If the light at the end of that tunnel was a civil suit 756 00:33:32,544 --> 00:33:34,277 why not seal up the tunnel? 757 00:33:34,279 --> 00:33:36,546 Judge Burton owes you a favor. 758 00:33:36,548 --> 00:33:37,547 Call one in. 759 00:33:37,549 --> 00:33:39,049 Get me a continuance. 760 00:33:39,051 --> 00:33:42,219 What the hell is his wife's... Sally. 761 00:33:43,489 --> 00:33:47,090 Your husband may be guilty of many things, Mrs. Alcott, 762 00:33:47,092 --> 00:33:49,493 but we're not convinced one of them 763 00:33:49,495 --> 00:33:51,495 is attacking a pregnant woman. 764 00:33:51,497 --> 00:33:53,563 You're not required to help them. 765 00:33:53,565 --> 00:33:56,033 No, you're not, but I'm sure your attorney 766 00:33:56,035 --> 00:33:59,803 has told you that cause has no bearing on the property distribution. 767 00:33:59,805 --> 00:34:01,805 In books, Mr. Robinette. 768 00:34:01,807 --> 00:34:04,574 In real life, it goes a long way. 769 00:34:04,576 --> 00:34:06,243 You'll get your divorce. 770 00:34:06,245 --> 00:34:07,711 You'll get his money 771 00:34:07,713 --> 00:34:10,047 but the penalties for adultery 772 00:34:10,049 --> 00:34:12,616 do not include 25 years behind bars. 773 00:34:12,618 --> 00:34:14,251 Maybe they should. 774 00:34:14,253 --> 00:34:17,254 Maybe then they would keep their pants on. 775 00:34:17,256 --> 00:34:21,258 David will pay for this, Mr. Robinette. 776 00:34:21,260 --> 00:34:22,526 Fine. 777 00:34:22,528 --> 00:34:25,296 If he goes to jail 778 00:34:25,297 --> 00:34:28,065 Chris and Amy's civil suit against him is a sure winner 779 00:34:28,067 --> 00:34:31,168 and in that case there will be a lot less 780 00:34:31,170 --> 00:34:34,304 to divide up after the divorce. 781 00:34:34,306 --> 00:34:36,773 What are you proposing? 782 00:34:36,775 --> 00:34:39,109 I'm sure it doesn't surprise you 783 00:34:39,111 --> 00:34:42,079 that Mrs. Alcott has commenced a divorce proceeding 784 00:34:42,081 --> 00:34:43,346 against her husband. 785 00:34:43,348 --> 00:34:45,832 You want Amy to testify? 786 00:34:45,833 --> 00:34:48,317 As a matter of fact, no. I want you to drop the civil suit. 787 00:34:49,755 --> 00:34:51,221 Why in the world would we... 788 00:34:51,223 --> 00:34:52,756 For a million dollars. That's why. 789 00:34:52,758 --> 00:34:54,658 We're suing for ten million. 790 00:34:54,659 --> 00:34:56,559 First of all, let me assure you Mr. Alcott's net worth 791 00:34:56,562 --> 00:34:57,761 is barely $2,000,000 792 00:34:57,763 --> 00:35:00,730 half of which I'm claiming for Mrs. Alcott 793 00:35:00,732 --> 00:35:02,299 in her divorce. 794 00:35:02,301 --> 00:35:04,234 Fraudulent conveyance. 795 00:35:04,236 --> 00:35:06,570 We'll recapture the funds. 796 00:35:06,572 --> 00:35:07,771 Very good, Chris, 797 00:35:07,773 --> 00:35:09,339 but I want you to know 798 00:35:09,341 --> 00:35:11,108 I can tie up his assets 799 00:35:11,110 --> 00:35:13,110 for years pending the divorce settlement. 800 00:35:13,112 --> 00:35:16,279 I've got a restraining order on his bank accounts. 801 00:35:16,281 --> 00:35:19,783 His partnership draw is being garnished 802 00:35:19,785 --> 00:35:21,785 and tomorrow, we start 803 00:35:21,787 --> 00:35:24,721 on maintenance and child support. 804 00:35:24,723 --> 00:35:27,190 I wouldn't mess with me if I were you, Chris. 805 00:35:27,192 --> 00:35:29,893 By the time you see a dime, it won't be worth a nickel. 806 00:35:29,895 --> 00:35:31,795 And what's in it for you? 807 00:35:31,797 --> 00:35:33,797 Mrs. Alcott will drop the divorce proceeding. 808 00:35:33,799 --> 00:35:36,399 I'll let the son of a bitch rot in jail 809 00:35:36,401 --> 00:35:38,902 while I spend whatever money he has left. 810 00:35:38,904 --> 00:35:42,205 LAWYER: Take a million now. 811 00:35:42,207 --> 00:35:46,209 and everybody's happy. Drop the civil suit 812 00:35:46,211 --> 00:35:49,312 It was hardly worth the trouble. AMY: 813 00:35:49,314 --> 00:35:51,681 So much for suing on principle. 814 00:35:51,683 --> 00:35:54,284 These two are unbelievable. 815 00:35:55,687 --> 00:35:59,289 LAWYER: for you tomorrow.k 816 00:35:59,291 --> 00:36:04,594 and get out of here. Let's just take the money AMY: 817 00:36:04,596 --> 00:36:06,796 The grieving mother. 818 00:36:06,798 --> 00:36:08,665 Does that constitute proof? 819 00:36:08,667 --> 00:36:11,401 Couldn't they say they got over it quickly? 820 00:36:11,403 --> 00:36:14,304 Chris was the father, not Alcott. 821 00:36:14,306 --> 00:36:16,773 Chris and Amy knew that, but made Alcott think it was his. 822 00:36:16,775 --> 00:36:18,825 In order to blackmail him. 823 00:36:18,826 --> 00:36:20,876 In order to file a civil suit. They weren't going for singles. 824 00:36:20,879 --> 00:36:23,780 These people were going for the long ball-- extra bases. 825 00:36:23,782 --> 00:36:25,415 Staging this whole thing. 826 00:36:25,417 --> 00:36:27,250 That's a hell of a couple. 827 00:36:27,252 --> 00:36:31,321 So this whole thing was a scam-- the beating, the affair? 828 00:36:31,323 --> 00:36:32,455 My guess-- 829 00:36:32,457 --> 00:36:34,257 Chris was the anonymous caller. 830 00:36:34,259 --> 00:36:36,259 We need you to break his alibi. 831 00:36:36,261 --> 00:36:38,662 You're the ex-cabby. 832 00:36:41,233 --> 00:36:42,332 Get me the book. 833 00:36:42,334 --> 00:36:43,867 For insurance purpose 834 00:36:43,869 --> 00:36:46,336 we check the odometer of every cab 835 00:36:46,338 --> 00:36:48,838 when it comes in, when it goes out. 836 00:36:48,840 --> 00:36:50,840 Every cab every day, huh? 837 00:36:50,842 --> 00:36:52,676 You screw up the insurance 838 00:36:52,678 --> 00:36:55,345 they take away your medallion like that. 839 00:36:55,347 --> 00:36:57,881 Cab 34. Be my guest. 840 00:37:03,722 --> 00:37:05,889 Guess what. He's only half as smart as we thought. 841 00:37:05,891 --> 00:37:08,692 The kid paid off the meter, but he didn't know 842 00:37:08,694 --> 00:37:10,227 they check the mileage every day. 843 00:37:10,229 --> 00:37:13,230 The only way he trekked out to Kennedy Airport 844 00:37:13,232 --> 00:37:15,498 is if they moved it to Times Square. 845 00:37:15,500 --> 00:37:17,467 The odometer's 40 miles short. 846 00:37:17,469 --> 00:37:19,469 Then so is his alibi. 847 00:37:19,471 --> 00:37:21,471 Read them their rights. 848 00:37:21,473 --> 00:37:24,241 We've already pled them out on blackmail. 849 00:37:24,243 --> 00:37:27,244 Experts cannot establish the age of the fetus 850 00:37:27,246 --> 00:37:29,679 so murder's out of the question, too. 851 00:37:29,681 --> 00:37:31,348 Is this true or false-- 852 00:37:31,350 --> 00:37:34,351 Amy and Chris intended to cause a miscarriage. 853 00:37:34,353 --> 00:37:37,254 True, only what they did wasn't a crime. 854 00:37:37,256 --> 00:37:39,022 But they didn't know that. 855 00:37:39,024 --> 00:37:41,424 Famous law school hypothetical. 856 00:37:41,426 --> 00:37:44,294 I shoot a bullet into the heart of a man 857 00:37:44,296 --> 00:37:46,029 who appears to be sleeping 858 00:37:46,031 --> 00:37:48,331 only he wasn't sleeping 859 00:37:48,333 --> 00:37:49,399 he was dead. 860 00:37:49,401 --> 00:37:50,467 Am I guilty? 861 00:37:50,469 --> 00:37:51,801 Not of murder. 862 00:37:51,803 --> 00:37:53,503 But I didn't know he was already dead. 863 00:37:53,505 --> 00:37:55,939 I thought I was committing a crime. 864 00:37:55,941 --> 00:37:58,441 Chris and Amy thought they were committing a crime. 865 00:37:58,443 --> 00:38:00,877 So they had a guilty mind. 866 00:38:00,879 --> 00:38:03,446 If not for murder, for...? 867 00:38:03,448 --> 00:38:05,015 Attempted murder. 868 00:38:06,718 --> 00:38:08,818 Learn from your past mistakes, Stone. 869 00:38:08,820 --> 00:38:10,820 The fetus wasn't legally alive, 870 00:38:10,822 --> 00:38:13,290 ergo you can't make it legally dead, 871 00:38:13,292 --> 00:38:15,425 ergo you can't convict on murder. 872 00:38:15,427 --> 00:38:18,495 No one is disagreeing with you, Miss Bayliss, 873 00:38:18,497 --> 00:38:21,998 but if you read the indictment, your clients are charged with attempted murder. 874 00:38:22,000 --> 00:38:24,067 Same difference. 875 00:38:24,069 --> 00:38:26,019 I don't think so. 876 00:38:26,020 --> 00:38:27,970 A man buys a pound of sugar, thinking it's heroin. 877 00:38:27,973 --> 00:38:30,974 We all know it's no crime to buy a pound of sugar 878 00:38:30,976 --> 00:38:33,510 but Miss Bayliss, in every jurisdiction in the country, 879 00:38:33,512 --> 00:38:36,446 the man is convicted of attempted possession of illegal narcotics. 880 00:38:36,448 --> 00:38:37,947 CHRIS: Yes, Mr. Stone. 881 00:38:37,949 --> 00:38:41,551 But if your man knew for a fact it was sugar 882 00:38:41,553 --> 00:38:43,520 he's as free as a bird. 883 00:38:43,522 --> 00:38:46,323 AMY: I hate to spoil your fun, Mr. Stone, 884 00:38:46,325 --> 00:38:49,859 but I assure you, after three years of law school 885 00:38:49,861 --> 00:38:53,063 Chris knows how to read a murder statute 886 00:38:53,065 --> 00:38:57,067 and I certainly knew how long I'd been pregnant. 887 00:38:57,069 --> 00:38:59,102 She sat there and admitted she killed her own baby. 888 00:38:59,104 --> 00:39:02,806 I swear her pulse didn't rise above 60. They knew both the age 889 00:39:02,808 --> 00:39:05,108 of the fetus and the law. No murder, no attempt. 890 00:39:05,110 --> 00:39:08,812 They have proof? She had an O.B. confirm her home pregnancy test 891 00:39:08,814 --> 00:39:12,015 plus our young hero Chris's statement that he knew the statute. 892 00:39:12,017 --> 00:39:14,884 Are you telling me that a woman that smart 893 00:39:14,886 --> 00:39:17,020 would willingly sacrifice her body? 894 00:39:17,022 --> 00:39:18,588 That's hard to believe. 895 00:39:18,590 --> 00:39:19,789 Bed and brains 896 00:39:19,791 --> 00:39:21,458 are not mutually exclusive. 897 00:39:21,460 --> 00:39:22,859 Maybe she was abused 898 00:39:22,861 --> 00:39:25,495 but she was part of this from the start. 899 00:39:25,497 --> 00:39:28,965 If she couldn't form the intent, if she was acting under Chris's will? 900 00:39:28,967 --> 00:39:30,400 Well, you saw her. 901 00:39:30,402 --> 00:39:32,969 That baby was no more important to her 902 00:39:32,971 --> 00:39:35,438 than a watch, something she could hock for a quick buck. 903 00:39:35,440 --> 00:39:37,073 We got to go forward with this. 904 00:39:37,075 --> 00:39:39,843 You fire an unloaded gun at me, it's attempt. 905 00:39:39,845 --> 00:39:42,812 You know that the gun is not loaded, it's nothing. 906 00:39:42,814 --> 00:39:44,381 But to be acquitted, I'd have to prove 907 00:39:44,383 --> 00:39:46,015 to a jury that I knew the gun wasn't loaded. 908 00:39:46,017 --> 00:39:48,017 Chris and Amy will have to prove that they knew they weren't 909 00:39:48,019 --> 00:39:49,919 committing a crime, and they'll have to take the stand. 910 00:39:49,921 --> 00:39:52,088 Credibility is a question for the jury. 911 00:39:52,090 --> 00:39:54,457 Exactly. I open up the slightest hole in their story, 912 00:39:54,459 --> 00:39:58,395 I give the jury the opportunity, they'll do the right thing. 913 00:39:58,397 --> 00:40:00,096 You want them to ignore evidence? 914 00:40:00,098 --> 00:40:03,400 No. Chris and Amy want the jury to look at the law. 915 00:40:03,402 --> 00:40:06,002 I'll get the jury to look at Chris and Amy. 916 00:40:06,004 --> 00:40:08,071 The law's supposed to be a shield, not a sword. 917 00:40:08,073 --> 00:40:10,573 They're despicable, yes, but by letter of the law 918 00:40:10,575 --> 00:40:12,575 they're not guilty. 919 00:40:12,577 --> 00:40:15,078 The legislature couldn't have conceived 920 00:40:15,080 --> 00:40:17,414 anything like this, but wrong should not win 921 00:40:17,416 --> 00:40:19,015 by technicalities, you know that yourself. 922 00:40:20,519 --> 00:40:22,986 Get these bastards off the street. 923 00:40:26,091 --> 00:40:29,893 CHRIS: went wrongat if everything 924 00:40:29,895 --> 00:40:31,060 and Amy miscarried 925 00:40:31,062 --> 00:40:32,662 we couldn't be tried for murder. 926 00:40:32,664 --> 00:40:36,099 We knew Amy had been pregnant less than 24 weeks. 927 00:40:36,101 --> 00:40:39,936 But you're not charged with murder, Chris. 928 00:40:39,938 --> 00:40:42,005 You're charged with attempt. 929 00:40:42,007 --> 00:40:43,990 It's a joke. 930 00:40:43,991 --> 00:40:45,974 You think we would go through all this 931 00:40:45,977 --> 00:40:47,110 and not be sure? 932 00:40:47,112 --> 00:40:49,212 I knew it wasn't a crime. 933 00:40:49,214 --> 00:40:50,580 How's that? 934 00:40:50,582 --> 00:40:51,681 Three years 935 00:40:51,683 --> 00:40:54,050 University of Wisconsin School of Law 936 00:40:54,052 --> 00:40:56,653 two years practicing in Fond Du Lac. 937 00:40:56,655 --> 00:40:57,954 Thank you. 938 00:40:59,591 --> 00:41:01,591 As an attorney, you are aware 939 00:41:01,593 --> 00:41:05,228 that the definition of murder varies from state to state. Sure. 940 00:41:05,230 --> 00:41:07,630 What constitutes murder in Wisconsin 941 00:41:07,632 --> 00:41:09,666 may be different in New York. 942 00:41:09,668 --> 00:41:11,168 That's right. 943 00:41:11,169 --> 00:41:12,669 Did you attend law school in New York? 944 00:41:12,671 --> 00:41:13,736 No, but I... 945 00:41:13,738 --> 00:41:15,472 Yes or no, sir. 946 00:41:16,741 --> 00:41:18,942 No. 947 00:41:18,944 --> 00:41:21,211 But you claim to know the law 948 00:41:21,213 --> 00:41:22,479 in New York. 949 00:41:22,481 --> 00:41:24,180 I can read, Mr. Stone. 950 00:41:24,182 --> 00:41:27,217 Well then, maybe you can tell us, Mr. Baylor, 951 00:41:27,219 --> 00:41:30,553 what happened to your license to practice law. 952 00:41:30,555 --> 00:41:32,088 Objection. Irrelevant. 953 00:41:32,090 --> 00:41:33,490 Goes to credibility, Your Honor. 954 00:41:33,492 --> 00:41:35,492 Answer the question. 955 00:41:35,494 --> 00:41:38,061 It was revoked. 956 00:41:38,063 --> 00:41:40,096 You mean, you were disbarred? 957 00:41:43,502 --> 00:41:44,501 Sir? 958 00:41:49,641 --> 00:41:54,244 I made a terrible mistake, but we didn't break any laws. 959 00:41:54,246 --> 00:41:58,248 But you testified that Chris intentionally hit you. 960 00:41:58,250 --> 00:42:00,984 You said it was all part of your plan. 961 00:42:00,986 --> 00:42:03,686 We never meant to hurt it. 962 00:42:03,688 --> 00:42:07,991 I am so sorry about the baby. 963 00:42:07,993 --> 00:42:10,960 I wish I could take it back. 964 00:42:10,962 --> 00:42:13,029 And what about Mr. Alcott? 965 00:42:13,031 --> 00:42:15,665 Does he deserve any sympathy? 966 00:42:15,667 --> 00:42:16,799 I take it 967 00:42:16,801 --> 00:42:18,668 you don't care for him. 968 00:42:18,670 --> 00:42:20,537 He cheated on his wife. 969 00:42:20,539 --> 00:42:22,272 He cheats the government 970 00:42:22,274 --> 00:42:23,540 for a living. 971 00:42:23,542 --> 00:42:26,743 He deserves whatever happens to him. 972 00:42:31,049 --> 00:42:35,652 Amy, have you been examined by a doctor recently? 973 00:42:35,654 --> 00:42:38,688 Yes. 974 00:42:38,690 --> 00:42:41,090 And what did he say? 975 00:42:41,092 --> 00:42:43,059 As a result of the kicks 976 00:42:43,061 --> 00:42:46,262 there was severe damage to my uterine wall. 977 00:42:46,264 --> 00:42:47,764 Which means? 978 00:42:47,766 --> 00:42:49,732 I'll never have another child. 979 00:42:49,734 --> 00:42:50,733 Objection. 980 00:42:50,735 --> 00:42:51,668 Relevance. 981 00:42:51,670 --> 00:42:53,136 Sustained. 982 00:42:53,138 --> 00:42:54,637 Thank you, Amy. 983 00:42:57,576 --> 00:43:00,710 Miss Newhouse, you testified 984 00:43:00,712 --> 00:43:06,015 that you didn't intend to have a miscarriage. 985 00:43:06,017 --> 00:43:09,152 Yet you meticulously planned the attack 986 00:43:09,154 --> 00:43:13,790 to assure that the fetus would be under 24 weeks of age. 987 00:43:13,792 --> 00:43:15,858 Chris said it was a failsafe 988 00:43:15,860 --> 00:43:18,328 just in case something went wrong. 989 00:43:18,330 --> 00:43:21,364 Can you tell us why Chris was disbarred 990 00:43:21,366 --> 00:43:23,633 in the state of Wisconsin? 991 00:43:26,071 --> 00:43:28,338 Answer the question, please. 992 00:43:34,045 --> 00:43:38,648 Um... subornation of perjury. 993 00:43:38,650 --> 00:43:40,817 STONE: You know what that means? 994 00:43:42,354 --> 00:43:45,888 He encouraged a witness to lie on the stand. 995 00:43:45,890 --> 00:43:47,290 Do you think 996 00:43:47,292 --> 00:43:49,292 Chris could be at it again? 997 00:43:49,294 --> 00:43:50,793 Objection. 998 00:43:50,795 --> 00:43:52,395 Sustained. 999 00:43:54,666 --> 00:43:57,266 Miss Newhouse, do you know what it means 1000 00:43:57,268 --> 00:43:58,401 if you can't prove 1001 00:43:58,403 --> 00:44:01,070 that you and Chris knew the law prior 1002 00:44:01,072 --> 00:44:02,372 to committing the acts 1003 00:44:02,374 --> 00:44:05,174 that resulted in the death of your baby? 1004 00:44:05,176 --> 00:44:06,743 Objection! 1005 00:44:06,744 --> 00:44:08,311 The witness is not an attorney, Your Honor. 1006 00:44:08,313 --> 00:44:10,713 She is not competent to determine this. 1007 00:44:10,715 --> 00:44:12,048 On the contrary, Your Honor. 1008 00:44:12,049 --> 00:44:13,382 Miss Newhouse's entire defense is based 1009 00:44:13,385 --> 00:44:15,785 upon the fact that she knew the law. 1010 00:44:15,787 --> 00:44:17,387 She cannot now argue 1011 00:44:17,389 --> 00:44:21,124 that she is incompetent to testify as to its meaning. 1012 00:44:21,126 --> 00:44:23,259 Answer the question, young lady. 1013 00:44:27,399 --> 00:44:29,198 What would it mean 1014 00:44:29,200 --> 00:44:32,702 Miss Newhouse, if you didn't know the law? 1015 00:44:32,704 --> 00:44:34,303 We would be guilty. 1016 00:44:34,305 --> 00:44:35,838 Of what? 1017 00:44:37,709 --> 00:44:39,676 Of attempted murder. 1018 00:44:39,678 --> 00:44:41,711 Of trying to kill your own baby. 1019 00:44:41,713 --> 00:44:45,415 We committed no crime. 1020 00:44:45,417 --> 00:44:48,751 Nobody got hurt. 1021 00:45:03,968 --> 00:45:06,335 STONE: No crime? 1022 00:45:06,337 --> 00:45:08,337 What do you call the plan 1023 00:45:08,339 --> 00:45:12,341 that Christopher Baylor and Amy Newhouse concocted? 1024 00:45:12,343 --> 00:45:14,310 They lured her own employer, David Alcott, 1025 00:45:14,312 --> 00:45:16,245 into having an affair with her. 1026 00:45:16,247 --> 00:45:19,782 They convinced him that their own pregnancy was his 1027 00:45:19,784 --> 00:45:23,886 and then, they did the unimaginable. 1028 00:45:23,888 --> 00:45:26,489 They staged an attack-- 1029 00:45:26,491 --> 00:45:28,958 an attack in which Christopher Baylor 1030 00:45:28,960 --> 00:45:31,861 savagely kicked the mother of his own child 1031 00:45:31,863 --> 00:45:33,362 in the belly 1032 00:45:33,364 --> 00:45:38,301 and they say it's no crime. 1033 00:45:38,303 --> 00:45:42,238 They killed their own child for greed. 1034 00:45:42,240 --> 00:45:43,806 No crime? 1035 00:45:43,808 --> 00:45:47,477 The only possible way that this is not a crime 1036 00:45:47,479 --> 00:45:50,413 is if you can manage to convince yourself 1037 00:45:50,415 --> 00:45:53,316 that couple had specific knowledge 1038 00:45:53,318 --> 00:45:55,218 of an obscure penal code. 1039 00:45:55,220 --> 00:45:58,855 I, however, believe that if you review the evidence 1040 00:45:58,857 --> 00:46:00,189 you will find 1041 00:46:00,191 --> 00:46:03,326 that when they came up with this heinous plan 1042 00:46:03,328 --> 00:46:09,332 they were unaware of the 24-week statute 1043 00:46:09,334 --> 00:46:11,934 and that they are guilty of the crime 1044 00:46:11,936 --> 00:46:14,437 that was in their hearts all along-- 1045 00:46:14,439 --> 00:46:17,406 the crime of attempted murder. 1046 00:46:21,913 --> 00:46:23,946 Have you reached a verdict? 1047 00:46:23,948 --> 00:46:24,947 We have, Your Honor. 1048 00:46:24,949 --> 00:46:27,016 We find the defendants, 1049 00:46:27,018 --> 00:46:29,051 Amy Newhouse and Christopher Baylor, 1050 00:46:29,053 --> 00:46:32,455 guilty of attempt to commit murder in the second degree. 1051 00:46:32,457 --> 00:46:34,323 Motion to set aside the verdict. 1052 00:46:34,325 --> 00:46:36,359 Denied. 1053 00:46:39,063 --> 00:46:41,931 Gillion should have set aside the verdict. The only basis was horror. 1054 00:46:41,933 --> 00:46:43,533 The public is all over us 1055 00:46:43,535 --> 00:46:46,302 when a known criminal walks on a technicality. 1056 00:46:46,304 --> 00:46:49,806 I just flipped the coin-- I let the people use a technicality to convict. 1057 00:46:49,808 --> 00:46:51,407 I'm sure they'll appeal. 1058 00:46:51,409 --> 00:46:53,876 The jury disbelieved their testimony. 1059 00:46:53,878 --> 00:46:56,045 Last time I looked, that is not reviewable on appeal. 1060 00:46:56,047 --> 00:46:57,914 But they were telling the truth. 1061 00:46:57,916 --> 00:47:00,950 I won't lose sleep over it, and I don't think the jurors will, either. 1062 00:47:00,952 --> 00:47:02,351 There's another bit of justice. 1063 00:47:02,353 --> 00:47:03,352 What's that? 1064 00:47:03,354 --> 00:47:05,955 She'll never reproduce. 1065 00:47:05,957 --> 00:47:10,026 Captioning sponsored by NBC/UNIVERSAL 1066 00:47:11,529 --> 00:47:15,598 captioned by access.wgbh.org oup at WGBH