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[00:09] | There’s another one, | |
[00:11] | down by the spa. | |
[00:52] | You asked me how to get ahead at the firm. | |
[00:55] | That’s how you do it. | |
[00:56] | What about merit? W-What about hard work? | |
[01:01] | Let me explain something to you. | |
[01:04] | For you to rise in the ranks, | |
[01:05] | someone has to make room for you. | |
[01:07] | They have to give up something, | |
[01:08] | maybe a raise or part of a bonus. | |
[01:13] | Now why is someone going to be giving up something | |
[01:15] | unless they get something? | |
[01:22] | Geez. It’s behind you, corner of the bar. | |
[02:00] | January 5th, 940 p.m. | |
[02:04] | Postmortem examination. | |
[02:05] | Negative. Internal trunk exploration | |
[02:09] | Negative. | |
[02:11] | Forensic evidence discovered None. | |
[02:17] | How is that possible? | |
[02:19] | Excuse me? | |
[02:21] | This man’s killed four women in a year and a half. | |
[02:23] | How is it he can hide in women’s bathrooms, | |
[02:26] | chloroform his victims, undress them, | |
[02:28] | undress himself, have sex with them, | |
[02:30] | strangle them to death, | |
[02:32] | and still not leave one bit of forensic evidence? | |
[02:34] | Not one drop of semen? Not one fleck of skin? | |
[02:37] | Listen, I know you’re new here, but, Dr…? | |
[02:39] | Martin. Julia Martin. | |
[02:41] | We’re talking public bathrooms. | |
[02:43] | They’re a convention center of forensic evidence. | |
[02:45] | The victims’ bodies, that’s another story. | |
[02:47] | That’s how we’ll get him. | |
[02:53] | Dr. Martin, you’re still here? | |
[02:55] | I’d like to take another look at Emily Baker’s body. | |
[02:57] | Kind of late. Everyone’s gone. | |
[03:00] | That’s okay. I’ll be fine. | |
[03:02] | I’ll put everything back the way I found it. | |
[03:09] | We’re obviously thrilled that this afternoon, | |
[03:11] | a jury of his peers convicted John Malford, | |
[03:13] | otherwise known as the “Bathroom Stall Butcher,” | |
[03:16] | for the murder of young Emily Baker. | |
[03:18] | Special thanks to the New York City Medical Examiner’s Office, | |
[03:21] | in particular to Julia Martin, | |
[03:24] | whose tireless work led to the discovery of the pivotal piece | |
[03:27] | of evidence against John Malford. | |
[03:32] | Hi. Welcome to Billy’s. | |
[03:36] | If you’re gonna be a successful attorney in Manhattan, | |
[03:39] | this is a place you need to know about. | |
[03:41] | I didn’t even know there was a Billy’s. | |
[03:43] | Well, consider tonight as a part of your legal education.Thanks. | |
[03:48] | As a matter of fact, FDR used to settle cases | |
[03:51] | at that table right there | |
[03:52] | in the back. I don’t care about all that. | |
[03:54] | Show me where the Benny Colón booth is. | |
[03:56] | No, this ain’t Dunkin’ Donuts. | |
[03:58] | Why don’t you find us a table. | |
[04:00] | I’ll grab us some drinks. | |
[04:03] | Benjamin Colón. | |
[04:05] | Stella! | |
[04:06] | And Ryan. | |
[04:08] | Wow… | |
[04:10] | What is the occasion? | |
[04:11] | You two look like a pair of breathalyzer tests | |
[04:13] | waiting to happen. | |
[04:14] | Well, truth is I have a pretty good shot | |
[04:16] | at getting a client out of prison. | |
[04:18] | Guy was put away for life, so… | |
[04:20] | So what’d you do? You bake him a cake with a hacksaw in it? | |
[04:26] | One better. | |
[04:27] | I discovered the evidence that got him convicted | |
[04:29] | may have been tampered with. | |
[04:31] | Seriously? Yeah. | |
[04:32] | By, the police, or…? | |
[04:34] | Medical Examiner’s Office. | |
[04:35] | Yeah. I petitioned to have | |
[04:37] | a client’s DNA evidence retested | |
[04:40] | and it came back… no match, not even close. | |
[04:43] | Well, who’s the medical examiner? | |
[04:45] | You know Julia Martin? | |
[04:47] | No, no, no, no. That must be a mistake. | |
[04:50] | She was picked up this morning. | |
[04:52] | D.A.’s office thinks it was intentional. | |
[04:54] | Who is your client? | |
[04:56] | Remember the “Bathroom Stall Butcher,” John Malford? | |
[05:00] | I hate trolling for cases. | |
[05:03] | I like to be asked. | |
[05:05] | I like to be the one who can say no. | |
[05:07] | We are not trolling. We are offering our services. | |
[05:10] | And trust me, so is every other A-list criminal firm in town. | |
[05:14] | I mean, this is Julia Martin. | |
[05:16] | Chief Medical Examiner for the City of New York. | |
[05:19] | These are the kinds of cases that get the town talking. | |
[05:22] | Plus, I know her. There’s no way she’d tamper with evidence. | |
[05:26] | Well, obviously the D.A. doesn’t agree with you | |
[05:28] | or he wouldn’t have arrested her. | |
[05:29] | Plus, I know she has a big title, | |
[05:31] | but at the end of the day she’s just a civil servant. | |
[05:34] | What are you trying to say? | |
[05:36] | Well, is this another pro bono situation? | |
[05:38] | Because, frankly, I’ve become such a pro at bono, | |
[05:41] | I’m getting ready to start my own Irish rock band. | |
[05:47] | You wake up in the morning and you go over in your head | |
[05:50] | all those hundreds of things that you have to do this week. | |
[05:53] | It just doesn’t occur to you that you might get arrested. | |
[05:58] | You might spend your first night in jail. | |
[06:03] | I’m the Chief Medical Examiner for the City of New York. | |
[06:06] | We want to help you, Julia. | |
[06:08] | You know I can’t afford to pay top-shelf guys like you. | |
[06:11] | We’ll be fine. | |
[06:12] | Will I be? | |
[06:14] | I also can’t afford for you to do a half-assed job | |
[06:17] | because you’re just in it for the free press. | |
[06:20] | Keep in mind the best press for everyone | |
[06:22] | is about your ultimate acquittal. | |
[06:24] | You keep that in mind. | |
[06:28] | All right then, I guess it’s the two of you. | |
[06:33] | Lucky us. | |
[06:34] | So here’s what I know. Six years ago, | |
[06:37] | when I found that hair in the back of a woman’s throat, | |
[06:39] | it was a perfect match to John Malford’s hair, perfect. | |
[06:43] | 100%. I still have the evidence that says so, | |
[06:47] | so I’m not clear exactly why we’re here. | |
[06:51] | The problem is Malford’s attorney | |
[06:52] | was running out of appeals, | |
[06:54] | so he decided to throw a Hail Mary | |
[06:57] | and petitioned for a new analysis of the hair, | |
[07:00] | an outside analysis of the hair. | |
[07:03] | And when an outside lab tested it, it came back negative. | |
[07:06] | And after they popped their champagne, | |
[07:08] | they sent it to three more labs, and it also came back negative. | |
[07:11] | It didn’t match Malford’s hair at all. | |
[07:13] | That’s not plausible. | |
[07:15] | Someone switched the hairs, or they tested the wrong hair. | |
[07:19] | Julia, it’s completely plausible. | |
[07:21] | You don’t have to agree with it, but it’s certainly plausible. | |
[07:24] | No. You’re wrong. It isn’t. | |
[07:27] | There’s no circumstance under which I would ever | |
[07:29] | tamper with evidence in any case. | |
[07:32] | Everyone knows this about me. | |
[07:33] | No. Everyone does not. | |
[07:36] | Think about it. | |
[07:39] | You performed the examination sometime after midnight. | |
[07:42] | You were alone in the autopsy room, | |
[07:44] | and lack of plausibility is not the argument | |
[07:46] | that’s gonna win the case for you. | |
[07:48] | Okay. You know that it was a pubic hair. | |
[07:51] | Right? It was a man’s pubic hair. | |
[07:53] | I found it in the deepest recesses of her esophagus. | |
[07:57] | So let’s say that I am going to plant a hair. | |
[08:01] | Where would I have gotten a male pubic hair from? | |
[08:04] | Come on. Those can’t be that hard to come by in the morgue. | |
[08:07] | Is it possible you made a mistake? | |
[08:09] | Excuse me? I mean, maybe | |
[08:11] | you thought you found evidence | |
[08:13] | that was relevant to the case, but it wasn’t. | |
[08:15] | Emily might’ve | |
[08:17] | indulged in oral sex with someone else, | |
[08:20] | consensual contact. You did an autopsy. | |
[08:23] | You found this hair. It was a mistake. | |
[08:26] | No, that’s not possible. I ran every test that there was. | |
[08:30] | I ran every test myself. That was his hair. | |
[08:32] | Keep in mind, | |
[08:34] | if it was truly a mistake, | |
[08:36] | then there is no criminal intent. | |
[08:38] | If there is no criminal intent, then there’s no crime. | |
[08:42] | Mistakes. Everybody makes them. | |
[08:47] | So you’re telling me, if I say that I made a mistake, | |
[08:51] | the charges might be withdrawn? | |
[08:52] | Well, it’s certainly something I’d like to take to the D.A. | |
[08:55] | I can’t imagine that they would want to go forward | |
[08:57] | with this trial. | |
[09:01] | I can’t.You can’t what? | |
[09:03] | I can’t say that | |
[09:05] | because I don’t make mistakes, | |
[09:07] | not when it comes to forensic science. | |
[09:09] | Does that change anything for the two of you? | |
[09:17] | Just makes the job harder, but we didn’t take up the offer | |
[09:21] | because we thought it was gonna be easy. | |
[09:23] | We told you we wanted to defend you, and we mean it. | |
[09:29] | So what’s the plan? | |
[09:31] | Well, to get you out on bail, for starters. | |
[09:33] | I’ll talk to the D.A. in the morning, get a lay | |
[09:35] | of the land and see what they think they have on you. | |
[09:37] | Dr. Martin. | |
[09:40] | Julia. | |
[09:47] | Thank you. | |
[09:50] | Did you say… Thank you. | |
[09:54] | You’re welcome. | |
[10:07] | The truth is you know she couldn’t have done this. | |
[10:09] | She’d rather cut off her own arm than give you a false report. | |
[10:12] | And yet, she did. | |
[10:13] | You think I’m looking to take down a medical examiner? | |
[10:16] | We work with them every day. | |
[10:18] | I’ve had these results checked and rechecked | |
[10:20] | with four different labs. She screwed up, | |
[10:22] | which makes all of us look bad. | |
[10:24] | Have you actually considered the repercussions of this? | |
[10:26] | You convict the Chief. | |
[10:27] | Medical Examiner for the City of New York, | |
[10:29] | and you are handing a “get out of jail free” card | |
[10:31] | to everyone you’ve ever put behind bars. | |
[10:33] | You will have a mile-long line of attorneys out your door | |
[10:37] | claiming that their clients were falsely convicted. | |
[10:38] | Is that what you want? | |
[10:42] | Your discovery packet. | |
[10:44] | Assuming you’re still gonna want the case | |
[10:45] | once you see what’s in there. | |
[10:47] | Okay, what’s in there? | |
[10:48] | Julia’s first examination of Emily Baker’s corpse, | |
[10:52] | she came up with nothing. | |
[10:54] | Okay, so she found the evidence the second time through. | |
[10:57] | And that’s fine, | |
[10:58] | except she completely deleted the first report. | |
[11:01] | The one where she came up empty, | |
[11:02] | just plucked it out of the system like it never happened. | |
[11:06] | That’s a big no-no. | |
[11:07] | Okay. | |
[11:09] | You know it’s a breach of protocol to delete any reports. | |
[11:12] | Even ones that are later replaced by updated results, | |
[11:14] | and you know why. | |
[11:16] | Because it can be construed as consciousness of guilt. | |
[11:22] | Julia’s the best there is. | |
[11:24] | Do you think she’d accidentally forget protocol? | |
[11:27] | She couldn’t find any evidence on the dead girl, | |
[11:30] | she decided to take matters into her own hands | |
[11:32] | and create some. | |
[11:38] | Here’s the bail agreement. | |
[11:40] | Is she on her way? Already here. | |
[11:42] | She and Benny are waiting in your office. | |
[11:44] | Assistant District Attorney Williams is not your friend. | |
[11:48] | I never said that he was. | |
[11:50] | He’s claiming you destroyed an official autopsy report. | |
[11:54] | Did you write an official report stating that you didn’t find | |
[11:57] | any physical evidence after your examination of Emily Baker | |
[12:00] | and then delete that report from the official citywide records? | |
[12:03] | Yes. | |
[12:05] | It was… | |
[12:07] | years ago. I mean… | |
[12:08] | You have to know how bad that’s gonna look to a jury. | |
[12:11] | That first report was useless. | |
[12:12] | It only said that I didn’t find anything. | |
[12:15] | Yes, but in a court of law, | |
[12:16] | it’s going to look like a prior inconsistent statement. | |
[12:20] | You weren’t supposed to delete it. | |
[12:22] | You were supposed to keep it and turn it over in discovery. | |
[12:26] | No, I wasn’t gonna do that. | |
[12:27] | Malford’s lawyers would’ve just used it | |
[12:29] | to-to call in to question the evidence that I did find. | |
[12:33] | I know how these people operate. | |
[12:35] | Julia, that first report is still evidence. | |
[12:39] | You can’t just destroy evidence | |
[12:41] | because it doesn’t suit your needs. | |
[12:43] | Okay, technically, that first report was about an absence | |
[12:46] | of evidence, which isn’t really evidence. | |
[12:49] | Okay, all right. | |
[12:51] | The bottom line is, and-and I know | |
[12:53] | you couldn’t see the future from where you were standing, | |
[12:56] | you didn’t do yourself any favors. | |
[12:58] | The D.A.’s office is gonna say that you intentionally deleted | |
[13:01] | that report to make it easier for you | |
[13:04] | to intentionally plant the evidence. | |
[13:06] | But that isn’t what actually happened. | |
[13:07] | Even if it looks like that’s what happened. | |
[13:10] | Either you made a mistake, | |
[13:12] | or someone, quite possibly you, is guilty of malfeasance. | |
[13:15] | Well, Danny’s already looking into malfeasance. | |
[13:18] | She’s trying to find anyone with the means and motive | |
[13:21] | to have switched out the hairs. | |
[13:23] | Which in the meantime leaves us with Mistake. | |
[13:26] | As I’ve already explained to you, | |
[13:28] | I don’t make those kinds of mistakes. | |
[13:31] | Well, then someone else did. | |
[13:34] | In either event, we need to follow chain of custody. | |
[13:36] | I need to know everyone who had access to that hair. | |
[13:40] | Julia, can you talk to my investigator, | |
[13:42] | talk to her about how evidence is catalogued and stored, | |
[13:45] | who had access, how they get access? | |
[13:47] | Of course.Excellent. | |
[13:49] | Well, then, Mr. Colón and I will see you in court | |
[13:53] | later this afternoon. | |
[13:56] | Everything all right? | |
[13:58] | I guess. | |
[14:00] | I just realized I don’t know where to go. | |
[14:03] | And what to do until court. | |
[14:06] | You know, my first instinct is to rush back to the morgue | |
[14:09] | and then I remembered that I can’t. | |
[14:19] | Not to worry. | |
[14:23] | It is gonna be tough to find jurors | |
[14:25] | who aren’t put off by our client. | |
[14:28] | Maybe we should look for people who only see the best in others. | |
[14:32] | Actually, I was thinking just the opposite. | |
[14:36] | What? People who only see the worst? | |
[14:39] | You ever heard of Hanlon’s razor? | |
[14:41] | No. | |
[14:42] | “Never attribute to malice | |
[14:43] | that which is adequately explained by stupidity.” | |
[14:46] | We need people who will look at this situation. | |
[14:49] | Julia’s gotten into and think, “This isn’t some big conspiracy. | |
[14:53] | This is probably just someone’s stupid mistake.” | |
[14:56] | Good afternoon. | |
[14:58] | So let’s say you send an e-mail to your boss | |
[15:02] | asking him for time off. | |
[15:03] | A day goes by and he doesn’t respond. | |
[15:06] | What do you make of that? | |
[15:08] | He’s busy. | |
[15:09] | I like her. Tell me why I shouldn’t. | |
[15:11] | Jennifer Thomas, single mom, | |
[15:13] | 43 years old, two kids and you are going to hate this | |
[15:17] | She works at an insurance company as a claims manager. | |
[15:23] | Can I pick ’em or can I pick ’em? | |
[15:25] | Probably spends her days looking at inflated insurance claims. | |
[15:28] | She’s the very definition of what we don’t want. | |
[15:31] | We’d like to thank and excuse this juror, Your Honor. | |
[15:35] | Personally? | |
[15:37] | I hate it when people don’t respond to my e-mails. | |
[15:40] | Why is that? | |
[15:41] | Well, they’re trying to tell me that I don’t matter. | |
[15:46] | I guess I figured he didn’t get the e-mail, | |
[15:48] | or maybe he deleted it by accident. | |
[15:50] | Because anyone can make an honest mistake, right? | |
[15:53] | Sure. | |
[15:57] | This juror’s acceptable to the defense, Your Honor. | |
[15:59] | Then, ladies and gentlemen, we have our jury. | |
[16:03] | Trial will commence tomorrow morning. | |
[16:05] | Court is adjourned. | |
[16:08] | This thing that you’re doing, it’s not gonna work. | |
[16:10] | I didn’t make a mistake. I don’t make mistakes. | |
[16:13] | You’re making one now. | |
[16:16] | So you were the lab tech on the Malford autopsies? | |
[16:18] | It made my career. Julia’s, too. | |
[16:20] | I hear she’s a tough boss. | |
[16:22] | She’s a little uptight. | |
[16:24] | But honestly, that’s what you need around here. | |
[16:26] | And who handled the evidence | |
[16:28] | besides Julia? | |
[16:29] | No one. | |
[16:30] | Really? | |
[16:32] | Julia insisted on doing it all herself. | |
[16:35] | All of it? | |
[16:37] | She was certified to test DNA? | |
[16:39] | She’s kind of a control freak. | |
[16:42] | So she put the hair in the bag, tested it, sealed it, | |
[16:46] | signed it into the storage locker all by herself? | |
[16:49] | Dr. Henson, | |
[16:51] | you were the defendant’s supervisor | |
[16:53] | during the Malford investigation. | |
[16:55] | There was a team of us working on it, | |
[16:58] | looking for something of forensic value. | |
[17:00] | And you didn’t find anything, did you? | |
[17:02] | No. | |
[17:04] | But then, something happened. | |
[17:06] | Dr. Martin stayed on after we completed the autopsy. | |
[17:10] | A few hours later, she notified me, | |
[17:13] | said she found a hair. | |
[17:15] | We were all stunned. | |
[17:17] | Why? | |
[17:18] | Well, we had searched every inch of the victim’s body. | |
[17:21] | But you were pleased. Of course. | |
[17:23] | We all wanted to put an end | |
[17:25] | to this horrible string of sexual attacks and murders. | |
[17:28] | So you were proud of Dr. Martin? | |
[17:31] | I was proud of our unit. | |
[17:35] | I sense some hesitation on your behalf | |
[17:38] | with regard to Dr. Martin. | |
[17:40] | She has always been very diligent. | |
[17:43] | Very determined. | |
[17:44] | But frankly, she was very hard on people. | |
[17:49] | She could be quite arrogant. | |
[17:53] | Thank you. | |
[17:55] | Nothing further. | |
[18:01] | Good morning, Dr. Henson. | |
[18:03] | I just need you | |
[18:05] | to clear something up. | |
[18:07] | You know, in the whole time that you ran | |
[18:09] | the medical examiner’s office, you never once did complain | |
[18:13] | about my client’s job performance, did you? | |
[18:17] | Not in any performance review, | |
[18:19] | not even casually, in a face-to-face with her, say, | |
[18:22] | in your office? | |
[18:24] | No. | |
[18:25] | And isn’t it true that she replaced you? | |
[18:27] | That she went from being your subordinate to your supervisor? | |
[18:30] | That’s not how I would describe it. | |
[18:32] | Well, how would you describe it? | |
[18:35] | I mean, one day, she’s working for you, | |
[18:39] | and the next day, she’s your boss. | |
[18:42] | It stands to reason that you probably harbor | |
[18:45] | some resentment towards Dr. Martin, wouldn’t you say? | |
[18:47] | Objection. | |
[18:48] | Ask another question. | |
[18:50] | I mean, she fired you. | |
[18:54] | Didn’t she? | |
[18:56] | Objection. | |
[18:57] | What’s the relevance? | |
[18:59] | It goes to bias, Your Honor. | |
[19:00] | Dr. Henson is using this courtroom to settle a score. | |
[19:04] | Overruled. | |
[19:06] | Please answer the question. | |
[19:07] | We had differences of opinion on a number of cases. | |
[19:11] | But she has the right to work with whomever she chooses. | |
[19:16] | I will admit that I did not like the way she operated the unit. | |
[19:21] | In my opinion, she was obsessive. | |
[19:25] | Determined to solve any case, no matter what. | |
[19:27] | Sometimes even if the forensics did not bear her out. | |
[19:32] | But again, | |
[19:33] | that is your opinion. | |
[19:36] | The opinion of the man she replaced and ultimately fired. | |
[19:43] | Just my opinion. | |
[19:45] | No further questions, Your Honor. | |
[19:52] | This is the last of it. | |
[19:53] | Every piece of information about the hair that exists. | |
[19:56] | Your original analysis, your second analysis, | |
[19:59] | the independent analysis, photos, storage data. | |
[20:08] | Anything jumping out at you? | |
[20:10] | Not yet. | |
[20:12] | I’m not trying to get out of anything, but honestly, | |
[20:14] | I have no idea what I’m reading here. | |
[20:17] | Just give it to me. | |
[20:19] | You, too. Give me yours. | |
[20:29] | You don’t have to sit here. I don’t need a babysitter. | |
[20:36] | I’ll be in my office. | |
[20:37] | I’ll be in my bed. | |
[20:55] | Should I come back? | |
[20:57] | Of course not. What’s up? | |
[20:59] | Pollen. | |
[21:00] | Excuse me? | |
[21:02] | The hair all the outside labs have been testing | |
[21:04] | is covered with pollen. | |
[21:07] | And that matters because…? | |
[21:09] | Well, to begin with, it makes me wonder | |
[21:11] | whether the hair is actually a pubic hair at all. | |
[21:13] | And if so, how it possibly came into contact with pollen. | |
[21:17] | Well, I’m sure, with a little imagination, | |
[21:20] | someone will come up with a scenario. | |
[21:22] | Emily was murdered in the dead of winter. | |
[21:27] | And in the dead of winter, there is no pollen. | |
[21:30] | This is not the hair I found on Emily’s body. | |
[21:42] | Dr. Martin, | |
[21:44] | isn’t it true that the night that you | |
[21:45] | found the sole piece of DNA evidence against Mr. Malford, | |
[21:49] | that everyone had gone home | |
[21:51] | and you were completely alone with the victim’s body? | |
[21:54] | Yes. And do you regularly | |
[21:56] | perform autopsies alone, | |
[21:59] | late at night, when everyone’s gone home for the day? | |
[22:01] | Yes. | |
[22:02] | And why is that? | |
[22:04] | I have a really particular skill set, | |
[22:07] | and I find that skill set works best | |
[22:09] | when there’s just two of us in the room. | |
[22:11] | Myself, and the cadaver. | |
[22:13] | Other people really just end up being distractions. | |
[22:17] | All right. Let’s talk about that. | |
[22:20] | When you say that other people are distractions, | |
[22:22] | it sounds very… negative. | |
[22:26] | Very dismissive. | |
[22:27] | One could easily get the impression | |
[22:28] | that you just don’t like people. | |
[22:31] | And we want the jurors to like you. | |
[22:34] | And it helps if they think you might like them. | |
[22:37] | I don’t know them. | |
[22:40] | Of course. | |
[22:41] | Okay, um, let’s forget that line of thinking. | |
[22:46] | Here’s another reason why saying you find | |
[22:49] | other people distracting might not serve your best interests | |
[22:52] | Anything that makes it sound like you don’t like | |
[22:54] | having people around when you do your work | |
[22:56] | might make the jurors think that you don’t | |
[22:58] | want company because it makes it harder | |
[23:01] | to manipulate evidence. | |
[23:05] | You see that, right? | |
[23:06] | I don’t manipulate evidence. I know that. | |
[23:09] | But you’re-you’re talking to people who don’t know you. | |
[23:11] | So how would you suggest I answer that? | |
[23:15] | Well, maybe there’s another reason you work late | |
[23:19] | that wouldn’t lead them to the same conclusion. | |
[23:21] | Maybe you find it impossible to sleep | |
[23:25] | when there are grieving friends and relatives | |
[23:26] | out there waiting for answers | |
[23:28] | as to what happened to their loved ones? | |
[23:31] | I can’t say that. That’s-that’s not the truth. | |
[23:34] | Maybe there’s a truth | |
[23:36] | that’s more palatable to the jury. | |
[23:39] | Mr. Palmer, I’m a scientist, and scientists deal with facts. | |
[23:44] | There is one truth, there’s one right answer. | |
[23:48] | If you ask me a question, I am going to give you that truth. | |
[23:52] | As to whether it’s palatable, | |
[23:54] | that’s not something I’ve ever concerned myself with. | |
[23:56] | Well, it ought to be, because you’re gonna be spending | |
[23:58] | ten years in prison for something that you didn’t do | |
[24:01] | if we can’t make the jury understand | |
[24:03] | your side of the story. | |
[24:05] | Okay, again, there is no “my side” of the story. | |
[24:07] | There is what happened, | |
[24:09] | and there is what did not happen. | |
[24:11] | There is truth and fact, and there is falsehood. | |
[24:15] | You can’t spin the truth, you cannot polish it up | |
[24:18] | or put lipstick on a pig, which is what I feel like | |
[24:21] | you’re trying to do to me right now. | |
[24:22] | I am what I am. | |
[24:24] | I did what I did, and I don’t regret a minute of it | |
[24:26] | because I did it all by the book. | |
[24:30] | So are we done here? | |
[24:33] | It certainly seems that way. | |
[24:36] | You talk to Chunk? Sure did. | |
[24:37] | You still want to put her on the stand? | |
[24:39] | I do. | |
[24:41] | He said that she’s fundamentally incapable | |
[24:42] | of shading her answers even one iota. | |
[24:45] | Even at the risk of sending herself to prison. | |
[24:48] | I’m waiting for the bad news. | |
[24:50] | I’m pretty sure I just gave you the bad news. | |
[24:52] | So the truth is, this woman can’t even fudge the facts | |
[24:55] | to keep herself out of jail. | |
[24:57] | Now we just have to get a jury to understand that that means | |
[24:59] | she couldn’t possibly have fudged them | |
[25:01] | to put someone else behind bars. | |
[25:04] | We’ve heard a lot | |
[25:05] | about the fact that you like to work alone | |
[25:08] | and often late at night. | |
[25:10] | Can you please tell us | |
[25:12] | why that’s your practice, Dr. Martin? | |
[25:15] | I’m not good with people. | |
[25:20] | I know how that sounds. | |
[25:23] | Trust me, it’s not made me a lot of friends. | |
[25:27] | But I am good at my job. | |
[25:29] | I’m great at my job. | |
[25:32] | And in order to be the best at my job, | |
[25:34] | I have to be able to concentrate. | |
[25:36] | I have to know that every single step of that process | |
[25:39] | was done with precision and care. | |
[25:42] | And if I do every step myself, I don’t have to worry | |
[25:44] | that it wasn’t done properly. | |
[25:46] | I don’t have to worry | |
[25:49] | that I offended someone because I criticized them | |
[25:52] | for making a mistake. | |
[25:54] | Or that I forgot to praise someone | |
[25:55] | for just doing their job. | |
[25:57] | So what do you say to the allegations | |
[26:02] | that you falsified evidence | |
[26:04] | in order to get a conviction against John Malford? | |
[26:07] | I would say that’s ridiculous. | |
[26:10] | I don’t care about John Malford. | |
[26:12] | I have never cared about who gets convicted. | |
[26:15] | That’s not a win for me. | |
[26:17] | A win for me is finding the right answer. | |
[26:20] | It’s solving the puzzle, it’s making the crime stop. | |
[26:24] | I do crosswords a lot. | |
[26:26] | And they have these new apps now. | |
[26:29] | If you get stuck, you can prompt it, and it’ll give you a word, | |
[26:32] | or it will give you a letter. | |
[26:34] | And I would… I would just never do that. | |
[26:37] | I would never want to do that, | |
[26:40] | because having a filled-out crossword, | |
[26:43] | that does nothing for me. | |
[26:45] | But solving it myself, that’s the part that’s satisfying. | |
[26:50] | So no, I would never falsify evidence to get a conviction, | |
[26:55] | because then I would never really know who did it. | |
[26:59] | I wouldn’t solve the puzzle. | |
[27:01] | If you cheat, you never find the truth. | |
[27:09] | Marissa? | |
[27:10] | No movement yet, | |
[27:12] | but they clearly want to believe her. | |
[27:14] | Baby steps. | |
[27:19] | I’m starting to think Chunk doesn’t know his own strength. | |
[27:22] | Kept telling me she was hopeless, but he actually | |
[27:24] | turned her into a very effective witness. | |
[27:27] | Speak of the devil… | |
[27:32] | What have we here? | |
[27:34] | Well, | |
[27:36] | I wasn’t able to connect Malford directly to any of the people | |
[27:38] | who worked at the medical examiner’s office, | |
[27:40] | Serial killers | |
[27:43] | like Malford tend to attract obsessive fans. | |
[27:45] | Total strangers who begin to believe they have | |
[27:47] | an intimate relationship with these killers. | |
[27:49] | Excessive adoration disorder. | |
[27:51] | Yeah. I’ve heard of this. | |
[27:53] | Crazy ladies who marry prisoners they’ve never met before. | |
[27:57] | Well, they’re not all ladies and they don’t all get married, | |
[27:59] | but yes, that’s what we’re talking about. | |
[28:02] | Malford hasn’t had a jailhouse wedding yet, | |
[28:03] | but he does have quite the fan club. | |
[28:06] | Our guy’s gotten thousands of letters, | |
[28:08] | and he’s responded to hundreds of them. | |
[28:10] | The good news is, Sing Sing keeps a scan | |
[28:12] | of all incoming and outgoing mail, | |
[28:13] | and they gave Taylor access. | |
[28:15] | Any one of these admirers sound like they’d be willing | |
[28:18] | to help Malford break out of prison? | |
[28:19] | Yeah. | |
[28:21] | There’s no shortage of those. | |
[28:22] | But we’re still talking about over two dozen people. | |
[28:25] | The math is not encouraging. | |
[28:26] | More than 80 people had access | |
[28:28] | to the evidence storage facility. | |
[28:30] | More than two dozen crazies writing love letters. | |
[28:32] | That’s a lot of leads | |
[28:34] | to be running down in the middle of a trial. | |
[28:37] | We don’t have the time. | |
[28:39] | I’m betting a day, maybe two, | |
[28:40] | before the judge forces us to rest our case. | |
[28:44] | Maybe we should just go right to the source. | |
[28:47] | Excuse me? | |
[28:49] | See how early Benny and I can get into Sing Sing tomorrow | |
[28:51] | to talk with John Malford. | |
[28:53] | John Malford? Seriously? | |
[28:56] | Yeah. Sometimes the shortest distance between two points | |
[28:59] | is a straight line. | |
[29:01] | We need to figure out who’s helping this guy | |
[29:03] | break out of prison; Why don’t we just go ask him? | |
[29:16] | So what’s the game plan here, boss? | |
[29:17] | I just want to look him in the eye, see what I see. | |
[29:19] | Maybe he’ll offer something useful, maybe he won’t. | |
[29:21] | Serial killers tend to be outsized narcissists. | |
[29:24] | Nothing they like to talk about more than themselves. | |
[29:27] | I just want to get him talking. | |
[29:33] | Ryan, good to see you. | |
[29:35] | I didn’t know you’d be joining us. | |
[29:37] | Benny, Dr. Bull, pleasure. | |
[29:40] | When the prison informed me you’d requested a meeting, | |
[29:43] | I thought it wise to sit in. | |
[29:44] | Of course. | |
[29:46] | Just to be clear, this was all very last minute. | |
[29:47] | Nobody’s trying to pull a fast one… | |
[29:50] | Never even crossed my mind. | |
[29:51] | Just want to be certain everyone remembers, | |
[29:54] | my client isn’t on trial. | |
[29:55] | Yours is. | |
[29:57] | I think we’re all very clear about that. | |
[30:02] | You must be Mr. Malford. | |
[30:03] | Yeah. John. | |
[30:05] | Who are you? | |
[30:07] | These are the gentlemen representing | |
[30:08] | the medical examiner | |
[30:09] | who falsified the evidence that got you locked up, John. | |
[30:13] | So… | |
[30:14] | what can we do for you? | |
[30:16] | Well, we just wanted to get a look at the man | |
[30:18] | who’s at the center of our case. | |
[30:20] | How you holding up in here, John? | |
[30:22] | Holding up good. | |
[30:24] | Working out, food’s okay. | |
[30:27] | How’s your head? | |
[30:29] | You lonely? You have any friends? | |
[30:32] | Yeah. I got friends. | |
[30:34] | Inside and outside. | |
[30:36] | Aha. | |
[30:38] | How do you mean, “outside”? | |
[30:40] | You know. | |
[30:41] | I get letters, pictures. People want to visit. | |
[30:46] | Want to, um, make friends. | |
[30:50] | Women. | |
[30:52] | That sounds like a… great life. | |
[30:57] | Some of those pictures are naked. | |
[31:00] | So, you two working for the prison now? | |
[31:02] | Conducting a customer satisfaction survey? | |
[31:05] | The point is, John here’s been a model prisoner, | |
[31:08] | he’s adapted to prison life flawlessly. | |
[31:10] | Not a black mark on his record to hinder his appeal. | |
[31:13] | Right. John’s appeal. | |
[31:16] | Hey, I-I’ve got to ask, | |
[31:18] | why even bother with the appeal? | |
[31:21] | You seem so content. | |
[31:23] | Because he’s innocent. | |
[31:25] | What do I care | |
[31:27] | if this guy wants to push some papers around? | |
[31:30] | No skin off my back. | |
[31:31] | I mean, what’s the worst thing that happens? | |
[31:32] | I actually… get out? | |
[31:36] | You’re right. | |
[31:39] | No harm, no foul. | |
[31:40] | This has been great. | |
[31:44] | Really… helpful. | |
[31:47] | Mr. Vance. | |
[31:49] | Mr. Malford. | |
[31:53] | Hey, why’d you cut bait like that? | |
[31:55] | The guy was just warming up. | |
[31:58] | Maybe we could’ve gotten a name, | |
[32:00] | maybe found our inside man at the morgue. | |
[32:02] | There is no name. | |
[32:05] | There is no inside man at the morgue. | |
[32:06] | How do you mean? | |
[32:09] | Did Malford seem like he’d even contemplated | |
[32:12] | life outside of prison? | |
[32:13] | No. It didn’t seem like | |
[32:16] | he actually cared much about his appeal at all. | |
[32:18] | Exactly. He also showed very little interest | |
[32:21] | in Julia’s case. | |
[32:22] | Now, if this guy spent the last six years | |
[32:24] | hatching this scheme and manipulating some admirer | |
[32:27] | to do his bidding, don’t you think he’d be | |
[32:29] | a little more invested in the fruits of his labor? | |
[32:31] | So, Malford didn’t do it? | |
[32:33] | Malford didn’t change the evidence? | |
[32:36] | Back to square one? | |
[32:37] | Maybe not. | |
[32:40] | Malford might have no interest in Julia’s case, | |
[32:43] | but someone put this thing in motion. | |
[32:46] | Who do you mean? | |
[32:49] | Ryan? No. | |
[32:51] | Ryan’s his lawyer. He’s just doing his job. | |
[32:54] | You don’t think it strange that he was there | |
[32:57] | at that meeting just now, or that he has been | |
[33:00] | in court every day of Julia’s trial? | |
[33:05] | I don’t know, Bull. | |
[33:06] | Ryan is not my favorite guy, | |
[33:10] | but what does he care if Julia goes down? | |
[33:13] | I’m not sure. | |
[33:15] | I’m just telling you what I see. | |
[33:23] | Since we moved off the fangirl theory | |
[33:24] | and onto Malford’s lawyer, | |
[33:26] | I circled back to the 80 people | |
[33:27] | who had access to the evidence storage facility | |
[33:29] | at the medical examiner’s office to see if I could | |
[33:31] | try to find some kind of link. | |
[33:33] | We never did do a deep dive into any of their finances, | |
[33:35] | because Malford was broke, | |
[33:37] | so it didn’t seem particularly relevant. | |
[33:39] | But Malford’s attorney, Mr. Ryan Vance, Esquire, is not. | |
[33:43] | He has plenty of money to pay off | |
[33:45] | an overworked, underpaid lab tech. | |
[33:47] | Like Skylar Brown. | |
[33:48] | Skylar was wrestling with a significant amount of debt. | |
[33:51] | She maxed out four credit cards and has | |
[33:53] | two delinquent homeowner loans. | |
[33:55] | But, coincidentally, Skylar seems to have had | |
[33:57] | a financial windfall, | |
[33:59] | just three weeks prior | |
[34:01] | to the independent analysis of Malford’s hair. | |
[34:02] | A cash deposit, $60,000, | |
[34:05] | straight into her personal checking account. | |
[34:07] | Okay, $60,000 question. | |
[34:11] | Can we tie any of this cash back to Ryan Vance? | |
[34:13] | Not yet, but we are gonna keep at it. | |
[34:16] | I feel the heat all the way over here. | |
[34:18] | Something not clicking for you? | |
[34:20] | I got everything but the “why.” | |
[34:24] | Why would a successful attorney like Ryan Vance | |
[34:27] | put his entire livelihood, his entire legacy on the line | |
[34:31] | for a rapist and a murderer like John Malford? | |
[34:35] | So… | |
[34:37] | why frame Julia? | |
[34:39] | Why go to all the trouble? | |
[34:41] | Why risk putting a homicidal sexual predator | |
[34:43] | back on the street, earn the enmity of the D.A.’s office | |
[34:47] | by forcing them to reopen every case where Julia’s evidence | |
[34:51] | put someone away? | |
[34:56] | Why? | |
[34:58] | What are you thinking? | |
[35:01] | Taylor, how long do you think it’d take | |
[35:02] | to get a list of Ryan Vance’s other clients? | |
[35:05] | The other clients that are currently incarcerated? | |
[35:08] | I’m kind of in the middle of something… | |
[35:10] | I don’t care. I want that list. | |
[35:13] | With Your Honor’s approval, | |
[35:15] | we’d like to call the person sitting in the third row, | |
[35:18] | John Malford’s attorney Ryan Vance, to the stand. | |
[35:22] | Has the defense subpoenaed Mr. Vance? | |
[35:24] | We don’t typically allow | |
[35:25] | those seated in the gallery to testify. | |
[35:28] | Yes, we’re aware of that, Your Honor. | |
[35:30] | But we’re hoping that the court will see fit. | |
[35:32] | Your Honor, | |
[35:34] | I’m sorry, I… this is the first I’m hearing of this. | |
[35:36] | Mr. Vance’s | |
[35:37] | petition for the independent analysis | |
[35:39] | of the Malford evidence | |
[35:41] | initiated this whole trial. | |
[35:43] | I’d merely like him to speak | |
[35:45] | to the history of how that new analysis came to be. | |
[35:50] | All right. I’ll allow it. | |
[35:53] | So Mr. Vance, when you requested | |
[35:56] | an independent examination of the evidence | |
[35:58] | in the John Malford case, did you know a negative match | |
[36:02] | would call into question the professional conduct | |
[36:06] | and scientific expertise of my client, | |
[36:09] | Dr. Julia Martin? | |
[36:11] | That would be a natural consequence. | |
[36:12] | She did perform the original analysis. | |
[36:19] | Isn’t it true | |
[36:21] | that other cases will be reexamined as a result | |
[36:25] | of Dr. Martin’s prosecution? | |
[36:27] | Countless other criminals, murderers, rapists and thieves | |
[36:32] | are going to file for dismissal of their sentences. | |
[36:34] | As well they should be, yes. | |
[36:37] | I-Isn’t it also true that you are the sole owner | |
[36:42] | of Barnaby Bank account number 00403010? | |
[36:48] | I don’t know, I… It very well could be. | |
[36:50] | I don’t have my account number memorized. | |
[36:52] | I do bank at Barnaby, so yes, I suppose. | |
[36:56] | A-And isn’t it also true that you withdrew $60,000 in cash | |
[37:01] | on September 21st from this account? | |
[37:03] | Again, it’s months ago. | |
[37:05] | I don’t have every transaction memorized, | |
[37:07] | so yes, it’s possible, it sounds possible. | |
[37:10] | If you say so. | |
[37:12] | Well, it’s not me saying it. | |
[37:15] | Your Honor, | |
[37:16] | these are Mr. Vance’s bank records | |
[37:19] | for the month of September. | |
[37:22] | I’d ask that you mark them | |
[37:26] | as defense exhibit number 14. | |
[37:28] | So marked. | |
[37:29] | And lastly, do you know a Skylar Brown? | |
[37:36] | Name rings a bell. I-I can’t be certain, though. | |
[37:39] | Well, she’s an employee of the medical examiner’s office | |
[37:42] | with full access to all evidence storage. | |
[37:45] | Including DNA samples. Objection, Your Honor. Relevance? | |
[37:48] | I’m moments away, Your Honor, I promise. | |
[37:51] | I certainly hope so. Overruled. | |
[37:53] | Isn’t it strange | |
[37:54] | that just two days after you made your withdrawal, | |
[37:58] | Skylar Brown paid off all of her credit cards, | |
[38:01] | her delinquent loans? | |
[38:04] | All of her outstanding debts? | |
[38:06] | Following a deposit of exactly $60,000 in cash | |
[38:11] | into her checking account? | |
[38:13] | I wouldn’t say strange. I might say coincidental. | |
[38:20] | How old were you when your brother | |
[38:22] | was convicted of murder? | |
[38:26] | I really don’t think that has anything to do | |
[38:28] | with the business at hand. | |
[38:30] | I-Isn’t your brother Trevor one of your clients? | |
[38:35] | And wasn’t the evidence in his case also assessed by my client, | |
[38:40] | Dr. Julia Martin? | |
[38:42] | And if Dr. Martin is found guilty, | |
[38:45] | isn’t Trevor’s conviction likely to be overturned, | |
[38:48] | just like John Malford’s? | |
[38:50] | And isn’t that why you paid | |
[38:52] | Skylar Brown $60,000, | |
[38:56] | to replace the hair that was used | |
[38:58] | to convict your client, John Malford? | |
[39:05] | Mr. Vance, | |
[39:07] | do you need the question repeated? | |
[39:11] | That’s all right, Your Honor. | |
[39:13] | I think the jury already has their answer. | |
[39:16] | No further questions. | |
[39:22] | Is the prosecution prepared to cross-examine the witness? | |
[39:30] | Actually, no. | |
[39:34] | But we are prepared, based on Ryan Vance’s testimony | |
[39:37] | and the evidence presented by Mr. Colón, | |
[39:41] | to withdraw our charges | |
[39:42] | against Dr. Martin… | |
[39:46] | and offer our apologies. | |
[39:58] | Thank you. You’re welcome. | |
[40:20] | Dr. Martin, it’s 200 in the morning, and I heard a noise. | |
[40:24] | No one else is here, you know, and I was just about to leave. | |
[40:28] | You gonna be okay? | |
[40:29] | I’m going to be perfect. | |
[41:27] | Captioning sponsored by CBS. | |
[41:33] | Captioned by Media Access Group at WGBH access.wgbh.org |