| 时间 | 英文 | 中文 |
|---|---|---|
| [00:02] | (SIREN WAILING IN DISTANCE) | |
| [00:03] | ANNOUNCER: …combination, really controlling the pace… | |
| [00:06] | (CONTINUES INDISTINCTLY) | |
| [00:08] | (PHONE VIBRATING) | |
| [00:12] | ANNOUNCER: That’s the thing about these two fighters, | |
| [00:14] | they both have excellent footwork. | |
| [00:30] | SAM: Dad? | |
| [00:38] | What are you doing? | |
| [00:40] | You should be asleep, pal. | |
| [00:42] | I hear noise. | |
| [00:44] | That’s just the TV. | |
| [00:46] | All right? Now close your eyes. | |
| [00:48] | I’m not tired. | |
| [00:50] | (KNOCKING ON DOOR) | |
| [00:52] | All right. I got business. | |
| [00:56] | All right? You stay in this bed. You hear me? | |
| [00:59] | I see you out of this bed, you and me got big problems. | |
| [01:02] | Yes, sir. | |
| [01:04] | All right. | |
| [01:11] | (FRONT DOOR OPENS) | |
| [01:13] | – MAN: What’s happening, man? – JOSEPH: Yo, what’s good, man? | |
| [01:15] | – What you need? – MAN: Back up. Back up, man! | |
| [01:17] | – I’ll take it all. – Give me the roll! | |
| [01:18] | – Just give me the cash! – Give me the roll! | |
| [01:21] | (OVERLAPPING CHATTER) | |
| [01:24] | (CLATTERING) | |
| [01:26] | (GRUNTING) | |
| [01:28] | JOSEPH: No, no. No! | |
| [01:29] | (GUNSHOTS) | |
| [01:31] | (SCREAMS) | |
| [01:46] | (KNOCKING ON GLASS) | |
| [01:48] | Your 10:00 a.m. is here. | |
| [01:52] | Dr. Harper came to see me yesterday. | |
| [01:54] | He has a rather daunting legal problem, | |
| [01:56] | and I immediately thought | |
| [01:58] | we’re gonna need some more hands on deck. | |
| [02:00] | Well, before I sign on for the big voyage, | |
| [02:03] | let’s begin at the beginning. | |
| [02:05] | Why don’t you tell me what’s going on? | |
| [02:07] | I’m a pediatrician. | |
| [02:09] | I live in White Plains just outside the city. | |
| [02:12] | I was in my offices here in Midtown, seeing a patient, | |
| [02:16] | just after 11:00 yesterday morning, | |
| [02:18] | when the police showed up to arrest me. | |
| [02:20] | What for? | |
| [02:22] | The execution-style murder | |
| [02:25] | of a heroin dealer in the Bronx. | |
| [02:28] | Okay. | |
| [02:30] | HARPER: By the way, | |
| [02:32] | I don’t believe that I have been in the Bronx in over a decade. | |
| [02:35] | I have never ever in my life done heroin. | |
| [02:39] | I’m not sure I’d know what it was if it were in front of me. | |
| [02:43] | I’ve not fired a gun that shoots anything bigger than a BB. | |
| [02:48] | And I was home with my wife and two girls | |
| [02:52] | when this… execution took place. | |
| [02:57] | Why do you think they arrested you? | |
| [03:02] | DNA evidence was recovered from under the victim’s fingernails, | |
| [03:05] | the result of a struggle with the killer. | |
| [03:08] | And? | |
| [03:10] | It appears to belong to Dr. Harper. | |
| [03:12] | How close a match? | |
| [03:14] | 100%. | |
| [03:20] | Not a lot of wiggle room there. | |
| [03:23] | Our new client, Dr. Michael Harper, | |
| [03:25] | is out on $1 million bail after having been arrested | |
| [03:27] | for the murder of Joseph Lowell, | |
| [03:30] | a heroin dealer who was killed in his apartment in the Bronx. | |
| [03:32] | (QUIETLY): We only represent the best clients. | |
| [03:34] | MARISSA: No sign of a break-in, | |
| [03:36] | which suggests the perpetrator was a known acquaintance. | |
| [03:39] | Additionally, he had just received a text | |
| [03:41] | from someone with an untraceable burner phone. | |
| [03:45] | Joseph, the drug dealer, was killed with his own gun, | |
| [03:47] | which was later discovered in the Hudson | |
| [03:50] | with no recoverable prints. | |
| [03:52] | So is Dr. Harper in fact | |
| [03:54] | a known acquaintance of this Joseph Lowell? | |
| [03:57] | He claims to have never heard his name | |
| [03:59] | before the police showed up at his medical practice. | |
| [04:02] | Okay, so if he’s innocent, | |
| [04:04] | then how did his DNA end up on this dead drug dealer? | |
| [04:07] | At the moment, no one can answer that question, | |
| [04:09] | but Bull thinks it may have something to do | |
| [04:11] | with the way the police made their DNA match. | |
| [04:13] | What do you mean? | |
| [04:14] | After the police found | |
| [04:16] | what they suspected was the murderer’s DNA | |
| [04:18] | under the victim’s fingernails, they ran the sample | |
| [04:20] | through their internal database, and they came up dry. | |
| [04:24] | I’m confused. Then how did they make the match? | |
| [04:27] | They didn’t, but it turns out that one of these | |
| [04:28] | big for-profit genealogy companies did. | |
| [04:32] | Dr. Harper’s wife had sent them | |
| [04:33] | some of her husband’s DNA as a birthday present. | |
| [04:36] | He’s an only child, both his parents | |
| [04:38] | had passed two years ago, and he’s got no sons. | |
| [04:41] | He started talking to her about how he felt | |
| [04:43] | he didn’t really know where he came from, | |
| [04:44] | didn’t really have a handle on his roots. | |
| [04:46] | That he was likely the last of his family, | |
| [04:48] | but he really had no idea who his family was. | |
| [04:50] | It seemed like the perfect gift. | |
| [04:52] | Wait. You’re talking about one of those places | |
| [04:54] | you send a cheek swab into | |
| [04:55] | to find out what country your relatives came from? | |
| [04:58] | TAYLOR: Is it even legal for them | |
| [04:59] | to turn over your private information like that? | |
| [05:02] | I’m betting they had a search warrant. | |
| [05:04] | They sure did. It was all on the up-and-up. | |
| [05:06] | Perfectly admissible in court. | |
| [05:08] | DNA? That’s a, that’s a tough one. | |
| [05:11] | Did you know that 95% of jurors are willing to convict | |
| [05:14] | based on DNA evidence alone? | |
| [05:16] | CHUNK: Okay, so let’s review. | |
| [05:18] | This man had no relationship to the victim, | |
| [05:21] | had no criminal record, no history of drug abuse, | |
| [05:24] | had no ties to the crime whatsoever. | |
| [05:26] | And where did he say he was the night of the killing? | |
| [05:29] | Home with his family. | |
| [05:31] | Well, then there must have been a mistake, right? | |
| [05:35] | Now all we have to do is prove it. | |
| [05:37] | CHUNK: Your posture should be relaxed. | |
| [05:39] | More than anything, we want you to appear comfortable. | |
| [05:43] | You don’t want to look like you’re trying too hard. | |
| [05:44] | The jury can almost always sense it. | |
| [05:46] | Trying too hard to what? | |
| [05:48] | Save my husband’s life? | |
| [05:50] | Look, I know that this is difficult, | |
| [05:52] | but alibis from family members | |
| [05:54] | are the toughest to get a jury to trust. | |
| [05:56] | You’d be surprised, the things that people say | |
| [05:58] | to protect their spouses. | |
| [05:59] | We were home, with our kids, watching television in bed. | |
| [06:03] | If I had known I would have to prove this in a trial… | |
| [06:09] | I’m sorry. | |
| [06:12] | (SIGHS) | |
| [06:14] | He’s a pediatrician. | |
| [06:17] | He makes kids feel better when they’re sick. | |
| [06:20] | He comforts them when they’re scared. | |
| [06:22] | – That’s who he is. – Well, there you go. | |
| [06:25] | That’s what the jury needs to know. | |
| [06:27] | That’s what the jury needs to understand. | |
| [06:30] | You know I’m the one who sent his DNA to that company. | |
| [06:33] | Michael had nothing to do with it. | |
| [06:34] | This… is my fault. | |
| [06:37] | – Mrs. Harper, you… – It was a couple years ago. | |
| [06:39] | I’d completely forgotten about it until I got that e-mail. | |
| [06:43] | E-mail? | |
| [06:44] | What do you know about the Fourth Amendment? | |
| [06:47] | Uh, unreasonable search and seizure. | |
| [06:51] | It’s one of my favorites. | |
| [06:52] | Why? You got a pop quiz coming up in constitutional law? | |
| [06:56] | Michael’s wife is the one | |
| [06:58] | that sent his DNA sample to that genealogy company. | |
| [07:01] | – I know that. – But did you know this? | |
| [07:03] | A few days before the arrest, | |
| [07:04] | she got an e-mail from the company. | |
| [07:06] | It said they had received a duplicate sample | |
| [07:09] | and that they wanted to know | |
| [07:11] | if it was from her or another family member. | |
| [07:13] | She just told you that? | |
| [07:15] | I’m like a human can opener. | |
| [07:16] | People spend time with me, and they can’t help themselves. | |
| [07:18] | All right. | |
| [07:19] | So where are you going with this? | |
| [07:22] | Well, we know the police were at a dead end. | |
| [07:25] | They couldn’t I.D. the DNA from the crime scene | |
| [07:27] | using their databases. | |
| [07:29] | So they got a search warrant. You heard Danny. | |
| [07:31] | But how did they get it? | |
| [07:33] | To get a search warrant, you need probable cause. | |
| [07:35] | There’s no way they could’ve known that Michael’s wife | |
| [07:37] | sent his DNA into that genealogy company, | |
| [07:39] | or any genealogy company, for that matter. | |
| [07:42] | I know it sounds a little crazy, | |
| [07:44] | but what if, before they got the search warrant, | |
| [07:46] | they sent a sample of this DNA to the genealogy company… | |
| [07:49] | every genealogy company… posing as a customer, | |
| [07:52] | all as part of an elaborate ruse | |
| [07:54] | to get one of these companies to verify | |
| [07:56] | they had a match in their system? | |
| [07:58] | That way, they can go to a judge, and say, | |
| [08:00] | “We need a warrant for this particular company.” | |
| [08:03] | Pretty good. | |
| [08:04] | The website would’ve flagged it as a duplicate match, | |
| [08:07] | alerted the original customer… | |
| [08:09] | And confirmed to the cops that the killer’s DNA | |
| [08:12] | was in their system, without even realizing it. | |
| [08:14] | – Right. – TAYLOR: So you’re thinking | |
| [08:15] | if we take this to a judge, he or she might rule | |
| [08:17] | all this DNA evidence collected inadmissible? | |
| [08:21] | It’s worth a shot. | |
| [08:22] | Your Honor, this e-mail was sent | |
| [08:25] | to Mrs. Harper five days prior to Michael’s arrest, | |
| [08:27] | and three days prior to the application for a search warrant. | |
| [08:30] | It’s clearly a Fourth Amendment violation. | |
| [08:33] | Uh, exactly how so? | |
| [08:35] | Well, the police contacted the website | |
| [08:37] | under an assumed identity, | |
| [08:39] | effectively tricking them into participating | |
| [08:41] | in a law enforcement investigation | |
| [08:43] | without their knowledge. | |
| [08:44] | And the A.D.A. here signed off on it. | |
| [08:46] | Your Honor, using a ruse, lying to a suspect | |
| [08:49] | to elicit information relevant to a criminal case | |
| [08:52] | is absolutely legal here in the state of New York. | |
| [08:54] | You didn’t lie to a suspect, you lied to a public corporation. | |
| [08:56] | It has no effect on the legitimacy of the evidence. | |
| [08:58] | Doesn’t say a whole hell of a lot about the integrity | |
| [09:01] | of the D.A.’s office. | |
| [09:02] | Kind of hard not to wonder what other rules | |
| [09:03] | – you’d be willing to break. – Enough. | |
| [09:05] | Judge Volk, the defense requests | |
| [09:07] | that the court suppress all evidence relating to this DNA | |
| [09:10] | since it was obtained through what amounts to | |
| [09:12] | an illegal search and seizure. | |
| [09:14] | Your Honor, you mustn’t suppress that evidence. | |
| [09:16] | T-The government’s entire case… | |
| [09:18] | Exactly! The government’s entire case is built on fruit | |
| [09:20] | from a poisonous tree, and you must, therefore, suppress it. | |
| [09:26] | The discovery’s troubling. | |
| [09:28] | But if the defense takes it up with anyone, | |
| [09:30] | they should take it up with the genealogy site. | |
| [09:33] | Not the police. | |
| [09:35] | They were just doing their job, | |
| [09:37] | trying to find a cold-blooded killer | |
| [09:38] | who orphaned a little boy. | |
| [09:41] | (EXHALES) | |
| [09:42] | Are you aware that boy’s mother died when he was a baby? | |
| [09:45] | That man, whatever his troubles, | |
| [09:48] | was all the boy had in the world. | |
| [09:50] | Now he’s in the system. | |
| [09:53] | Where, in all likelihood, he’ll remain until he turns 18. | |
| [09:58] | Someone has to be held responsible for that. | |
| [10:04] | The DNA match stands as evidence. | |
| [10:08] | This trial will continue. | |
| [10:19] | Anybody here ever heard of the Phantom of Heilbronn? | |
| [10:22] | Female serial killer, | |
| [10:24] | terrorized France, Germany, Austria, | |
| [10:27] | from 1993 to 2009? | |
| [10:30] | DNA evidence linked her to over 40 crimes, | |
| [10:33] | including six murders. | |
| [10:37] | And when I say “linked her,” I mean figuratively, | |
| [10:40] | because even though they had all this DNA, | |
| [10:42] | they had no idea who she was. | |
| [10:44] | Three different countries. | |
| [10:46] | No apparent links at all between the victims. | |
| [10:49] | Made no sense. | |
| [10:51] | I sense a punch line coming. | |
| [10:53] | Well, the police finally tracked that DNA | |
| [10:55] | to a sweet old woman in Latvia | |
| [10:57] | who was working in a factory, manufacturing cotton swabs. | |
| [11:01] | I’m guessing the same cotton swabs | |
| [11:03] | used to gather the DNA evidence from the crime scenes. | |
| [11:07] | What happened? | |
| [11:08] | She must have contaminated them with her own DNA. | |
| [11:11] | Validate that man’s parking. | |
| [11:13] | All right, until we find our own little Latvian woman | |
| [11:16] | working in a Q-tip factory, we need to find jurors whose | |
| [11:19] | psychological makeup | |
| [11:20] | will allow them to look | |
| [11:22] | past what seems to be incontrovertible evidence. | |
| [11:26] | How in the world do you do that? | |
| [11:28] | We look for jurors who rely on an affect heuristic | |
| [11:31] | when it comes to decision-making. | |
| [11:33] | I have no idea what you’re talking about. | |
| [11:35] | A heuristic is a kind of mental shortcut | |
| [11:38] | we all use to make decisions throughout the day, | |
| [11:41] | and when those decisions are allowed to be colored | |
| [11:43] | by our mood or our feelings | |
| [11:45] | in the moment we make the decision, | |
| [11:47] | that is called an affect heuristic. | |
| [11:49] | Essentially, we want jurors who go with their gut. | |
| [11:52] | Why? | |
| [11:53] | Because the one thing there’s no denying is that when you first | |
| [11:56] | meet our client, “killer” is not the word | |
| [11:57] | that pops into your head. | |
| [11:58] | Yeah, the guy’s likable. | |
| [12:00] | You trust him. | |
| [12:02] | Not withstanding the charges against him, | |
| [12:04] | he strikes you as a good man. | |
| [12:06] | – Yeah. – And the thing about jurors is, | |
| [12:08] | if their first impression is positive, they are gonna | |
| [12:10] | struggle with the idea | |
| [12:12] | that they need to modify that impression. | |
| [12:14] | And the seemingly irrefutable DNA evidence | |
| [12:17] | – will have less impact. – LINDSEY: And what do I need | |
| [12:19] | to ask them to figure out if they have this, um, this…? | |
| [12:23] | – Affect heuristic? – Yes. | |
| [12:25] | You don’t have to ask them anything. | |
| [12:28] | You just have to open your eyes. | |
| [12:30] | BULL: Older woman in the gray sweater is looking | |
| [12:33] | at Michael like he’s her grandson. We want her. | |
| [12:37] | But we haven’t even talked to her yet. | |
| [12:39] | Words lie, body language doesn’t. | |
| [12:41] | She likes him. | |
| [12:43] | But at the end of the day, | |
| [12:44] | it can’t just be about an affect heuristic. | |
| [12:46] | That might net us one or two friends on the jury, | |
| [12:49] | but we’re gonna need to broaden our search. | |
| [12:51] | Target jurors with pessimism bias, as well. | |
| [12:53] | BENNY: People who tend to exaggerate | |
| [12:55] | the likelihood that negative things | |
| [12:57] | are going to happen to them. | |
| [12:58] | Why would I want these people on my jury? | |
| [13:01] | Because our narrative is that | |
| [13:03] | Michael is an innocent man, wrongly accused. | |
| [13:06] | I believe jurors with pessimism bias | |
| [13:09] | will put themselves in Michael’s shoes. | |
| [13:11] | And the fear of something like this happening to them… | |
| [13:15] | it will likely dilute the importance of the evidence. | |
| [13:18] | – LINDSEY: Good morning. – Good morning. | |
| [13:20] | Do you like to travel? | |
| [13:22] | I honestly couldn’t say. | |
| [13:23] | I haven’t done much of it. | |
| [13:25] | Any particular reason? | |
| [13:26] | I guess maybe I just feel safer at home. | |
| [13:29] | LINDSEY: Safer how? | |
| [13:31] | Can’t get in a plane crash if you don’t get on a plane. | |
| [13:34] | Can’t have terrorists take over your hotel if you don’t go to the hotel | |
| [13:36] | in the first place. | |
| [13:42] | This juror is acceptable to the defense, Your Honor. | |
| [13:45] | Acceptable to the prosecution. | |
| [13:47] | Fantastic. | |
| [13:49] | We have ourselves a jury. | |
| [13:51] | We’ll see all of you here | |
| [13:53] | bright and early tomorrow to start trial. | |
| [13:56] | So we’ve got four out of 12 jurors that are at least | |
| [13:59] | inclined to look past the evidence. | |
| [14:01] | I’ll take it. | |
| [14:02] | All I need is one to get a mistrial. | |
| [14:05] | BENNY: Talk about being happy in your work… | |
| [14:10] | Yeah. Wonder what that’s about. | |
| [14:14] | Everything all right? | |
| [14:16] | Dr. Harper? | |
| [14:19] | What does the D.A.’s office know that we don’t? | |
| [14:22] | What do you mean? | |
| [14:23] | What kind of question is that? | |
| [14:25] | Look, I get it. | |
| [14:26] | The D.A.’s office has DNA | |
| [14:28] | that would seem to prove you did this, | |
| [14:31] | and supposedly that’s all they have, | |
| [14:32] | but common sense would suggest | |
| [14:34] | that in the absence of any other link | |
| [14:36] | to this crime, at least | |
| [14:38] | one juror is gonna take exception to the idea | |
| [14:40] | of putting you behind bars for the rest of your life. | |
| [14:42] | But the A.D.A. is not acting that way. | |
| [14:45] | In fact, he’s acting like he has you dead to rights, | |
| [14:47] | and I would like to know why. | |
| [14:51] | Well, I can’t help you with that. | |
| [14:53] | – You never met the victim? – Never. | |
| [14:56] | – Never purchased illegal drugs? – Never. | |
| [14:58] | Never consumed heroin? Never tried to buy heroin? | |
| [15:00] | You never contemplated trying to buy heroin? | |
| [15:02] | Of course not! | |
| [15:03] | Then why is the A.D.A. so damn sure | |
| [15:05] | he can draw a line between you and the victim? | |
| [15:07] | Or is it between you and heroin? | |
| [15:11] | Just trust me, whatever it is, they’re gonna find it. | |
| [15:14] | (SIGHS) | |
| [15:15] | And if I’m gonna keep you out of prison, | |
| [15:18] | I need to know about it. | |
| [15:23] | Can we go somewhere a little more private? | |
| [15:27] | HARPER: Couple of years ago, I broke my ankle playing basketball. | |
| [15:30] | Emergency room doctor prescribed oxycodone. | |
| [15:35] | I took it. | |
| [15:37] | I kept taking it, even after my ankle healed. | |
| [15:42] | And I’d never done drugs before. | |
| [15:44] | I mean, never so much as smoked pot in college. | |
| [15:50] | It was so serene being high. | |
| [15:53] | So tranquil. | |
| [15:54] | Mm. | |
| [15:56] | I never experienced that before. | |
| [15:59] | You ever write your own prescription? | |
| [16:01] | A doctor writing his own prescription | |
| [16:02] | for a controlled substance… | |
| [16:04] | the AMA would not look kindly on that. | |
| [16:07] | No. Never. | |
| [16:08] | The prescriptions were all legitimate. | |
| [16:11] | All from other doctors. | |
| [16:14] | Of course, my wife figured it out. | |
| [16:18] | Mm, she knew something was going on. | |
| [16:22] | She threw away the pills | |
| [16:24] | and threatened to leave with the kids if I didn’t quit. | |
| [16:27] | Did you go to rehab? | |
| [16:29] | No, I did it myself. | |
| [16:31] | It was rough, but… I was lucky. | |
| [16:35] | I was able to do it on my own. | |
| [16:37] | My wife’s the only one who knows. | |
| [16:40] | I wouldn’t count on that. | |
| [16:42] | I’m sure the A.D.A. has already gone | |
| [16:44] | through your prescription records, and once | |
| [16:47] | he sees multiples on the oxy, he is gonna make the case | |
| [16:49] | that you got tired of having to beg your doctors to supply you | |
| [16:52] | with drugs and switched to heroin, which is what happens | |
| [16:55] | more often than not when people get hooked on oxy. | |
| [17:00] | But… that would be a lie. | |
| [17:03] | Look, I swear to you, I have never done heroin, | |
| [17:07] | and I’ve never heard of this man. | |
| [17:13] | I did not, I could not kill that man. | |
| [17:16] | (CLICKS TONGUE) | |
| [17:18] | Okay. | |
| [17:21] | Then we’re not putting the wife on the stand. | |
| [17:24] | Jody? She’s his alibi. | |
| [17:26] | Well, no. She is also the only one who knows that he had | |
| [17:29] | an addiction to opioid painkillers, | |
| [17:31] | the most common gateway drug to heroin, | |
| [17:34] | which is what the murder victim was selling. | |
| [17:36] | But what if the A.D.A. calls her? | |
| [17:39] | Well, then we’ll just have to claim spousal privilege. | |
| [17:43] | I mean, she’s married to the accused. | |
| [17:45] | They can’t compel her to take the stand. | |
| [17:48] | I don’t like it, but what choice do we have? | |
| [17:52] | Morning. Get your scorecards. | |
| [17:55] | You can’t tell the players without a scorecard. | |
| [18:01] | What’s going on? | |
| [18:02] | He’s springing a new witness on us. | |
| [18:04] | I don’t know who he is or how he ties in to all this. | |
| [18:07] | Do you know a Dr. David Parsons? | |
| [18:12] | He’s my neighbor. | |
| [18:14] | Just your neighbor? | |
| [18:16] | Well, he’s a doctor. | |
| [18:19] | Your oxy connection, right? | |
| [18:27] | COLLINS: Dr. Parsons, how do you know Dr. Michael Harper? | |
| [18:30] | We’ve been neighbors and friends for the past seven years. | |
| [18:33] | Around the same age, both in the same profession. | |
| [18:37] | And have you ever treated Dr. Harper as a patient? | |
| [18:40] | Depends on how you define “patient.” | |
| [18:43] | He is a friend. | |
| [18:44] | And I did help him with some follow-up | |
| [18:48] | after he broke his ankle a few years ago. | |
| [18:50] | What kind of follow-up? | |
| [18:54] | Pain management. | |
| [18:57] | This was a few months after he broke it. | |
| [19:00] | He told me the ankle was still acting up. | |
| [19:03] | And so you wrote him a prescription for oxycodone? | |
| [19:06] | An opiate? | |
| [19:08] | I did. | |
| [19:09] | Did you believe he was in pain? | |
| [19:11] | Most definitely. | |
| [19:13] | Most definitely? | |
| [19:15] | The truth is, you had no way | |
| [19:18] | of really knowing, did you, Dr. Parsons? | |
| [19:24] | Did you? | |
| [19:27] | The witness will please answer the question. | |
| [19:31] | I depended largely | |
| [19:33] | on Dr. Harper’s anecdotal impressions, | |
| [19:37] | but that’s true with many patients. | |
| [19:39] | But again, it had been three months since the accident. | |
| [19:43] | Yeah, that’s true, but it is not unusual for… | |
| [19:44] | In fact, you didn’t write him one prescription. | |
| [19:46] | – You wrote him three, didn’t you? – Over a period of about six weeks. | |
| [19:49] | And was that it, or did he ask for another? | |
| [19:57] | I’d like to remind you you are under oath, Dr. Parsons. | |
| [20:03] | Yes, he did. | |
| [20:06] | But you said “no”? | |
| [20:11] | I became concerned. | |
| [20:13] | – I spoke to his wife. – Is it safe to assume | |
| [20:15] | that you no longer thought | |
| [20:17] | he was most definitely in pain? | |
| [20:19] | You could assume that. | |
| [20:20] | And isn’t it true that when | |
| [20:21] | an addict can no longer get a prescription for oxycodone, | |
| [20:24] | it’s common for them to turn to street drugs? | |
| [20:26] | Most often heroin, which is exactly what Joseph Lowell sold? | |
| [20:30] | LINDSEY: Objection! | |
| [20:31] | Speculation. | |
| [20:32] | Dr. Parsons is not an addiction expert, nor is he a mind reader. | |
| [20:36] | Your Honor, David Parsons is a doctor, | |
| [20:38] | and his training makes him intimately familiar | |
| [20:40] | with the world of opioid painkillers. | |
| [20:42] | I’ll allow it. | |
| [20:43] | COLLINS: Dr. Parsons, | |
| [20:45] | doesn’t oxycodone addiction commonly lead | |
| [20:48] | to heroin addiction? | |
| [20:55] | (SIGHS) | |
| [20:58] | Yes. | |
| [21:00] | That’s the conventional wisdom. | |
| [21:06] | COLLINS: No further questions, Your Honor. | |
| [21:15] | Oh, um, would you have anything a little stronger? | |
| [21:19] | I might have a little something under lock and key. | |
| [21:23] | I’ll be right back. | |
| [21:27] | BENNY: You know, | |
| [21:28] | just because a person abused a prescription drug, | |
| [21:31] | that doesn’t make them a killer. | |
| [21:34] | No. The DNA makes him a killer. | |
| [21:37] | The oxy habit is just the assistant | |
| [21:39] | district attorney’s way of dotting all the “I”s | |
| [21:41] | and crossing all the “T” s, | |
| [21:43] | lest any juror try to cultivate some reasonable doubt. | |
| [21:48] | Anyone else? | |
| [21:49] | Dr. Bull? | |
| [21:50] | Never on a day that ends in “Y.” | |
| [21:56] | I’m sorry I got you all into this. | |
| [21:59] | Who am I kidding? | |
| [22:00] | I’m sorry I got myself into this. | |
| [22:02] | DANNY: Dr. Bull, | |
| [22:04] | you know, ever since you told us that story | |
| [22:06] | about the, uh, the old lady with the cotton swabs, | |
| [22:08] | I’ve been researching false positives as they relate to DNA. | |
| [22:12] | And while there aren’t a lot of them, | |
| [22:14] | there was a case in California, uh, just a few years ago. | |
| [22:17] | Let’s see. | |
| [22:19] | Guy was arrested for murder based solely on DNA evidence, | |
| [22:22] | just like Dr. Harper, | |
| [22:23] | and he swore up and down he was innocent. | |
| [22:25] | And it turns out, he was. | |
| [22:27] | They figured out his DNA ended up on the victim | |
| [22:29] | because of something called “DNA migration.” | |
| [22:32] | Never heard of it. You? | |
| [22:33] | No. | |
| [22:35] | It’s the secondary transfer of DNA. | |
| [22:37] | And it happens because the average person sheds | |
| [22:39] | somewhere between 40 and 50 million skin cells a day. | |
| [22:43] | Turns out we leave them behind everywhere we go | |
| [22:46] | on everything we touch. | |
| [22:47] | Door handles, elevator buttons, | |
| [22:50] | the creamer jug at the coffee shop. | |
| [22:53] | Also, they don’t stay put. | |
| [22:55] | Those cells, that DNA… just end up on the next person | |
| [22:57] | who touches the creamer jug. | |
| [22:59] | Sounds like you may have found a way | |
| [23:01] | to un-dot some “I”s and uncross some “T”s. | |
| [23:03] | TAYLOR: So you’re saying | |
| [23:05] | a creamer jug or something like it might explain | |
| [23:07] | how Dr. Harper’s DNA ended up | |
| [23:09] | under the dead man’s fingernails? | |
| [23:11] | Exactly. | |
| [23:12] | Marissa, line up a DNA expert, | |
| [23:14] | someone who can spoon-feed this concept to the jury. | |
| [23:17] | You think that’ll be enough? | |
| [23:19] | No. We’ll need something concrete, some kind of proof | |
| [23:23] | that our client and the murder victim were both in | |
| [23:27] | the same place on the day of the murder. | |
| [23:28] | Taylor, is there any way you could try | |
| [23:30] | and retrace the steps of both men that day, | |
| [23:33] | see if there’s a point of intersection, | |
| [23:36] | hopefully a mutual point of contact? | |
| [23:39] | With a little luck… and some loud music. | |
| [23:42] | Is that something you might be available to do tonight? | |
| [23:45] | I think we can make that happen. | |
| [23:47] | (HIP-HOP MUSIC PLAYING NEARBY) | |
| [23:49] | ♪ I’m lit, throw it in the air, we ain’t worried about it… ♪ | |
| [23:54] | TAYLOR: We know Dr. Harper lives here, | |
| [23:56] | and he works here. | |
| [23:58] | He takes the Metro-North Train | |
| [24:00] | from White Plains to Grand Central. | |
| [24:02] | DANNY: Makes sense. | |
| [24:03] | And based on the info from the victim’s phone, | |
| [24:05] | we know that after he dropped his son off at school, | |
| [24:08] | the day of his death, he came into Manhattan | |
| [24:10] | to “make some deliveries” and “solicit new business.” | |
| [24:14] | Based on where he lived, I realized it was almost certain | |
| [24:17] | he took the subway from 180th Street | |
| [24:20] | – to…? – Grand Central Station. | |
| [24:21] | Exactly. | |
| [24:23] | All right. So, that’s our potential point of intersection, | |
| [24:26] | our haystack. | |
| [24:28] | The good doctor and the drug dealer are our needles. | |
| [24:30] | (TYPING) | |
| [24:34] | How did you get this in the middle of the night? | |
| [24:37] | I just called the MTA. | |
| [24:39] | And they just gave it to you? | |
| [24:41] | Yup. Of course… | |
| [24:44] | I might have cheated, might have forgotten to mention | |
| [24:47] | I no longer work with Homeland. | |
| [24:51] | You’re scary. | |
| [24:53] | But still, it’s Grand Central Station. | |
| [24:56] | There’s got to be, what, hundreds of thousands of people | |
| [24:58] | going through there every day? | |
| [24:59] | How are you gonna find Dr. Harper? | |
| [25:01] | I already did. | |
| [25:03] | There are only so many trains from White Plains | |
| [25:05] | that line up with his office hours. | |
| [25:07] | I worked backward from there. | |
| [25:09] | Already strung together all the footage he’s in, | |
| [25:11] | from the moment he walks in the doors at the station | |
| [25:12] | until he gets on the train. | |
| [25:14] | I was just about to review it when you showed up. | |
| [25:17] | I want you in my lifeboat, baby. | |
| [25:21] | DANNY: Well, he’s pretty relaxed | |
| [25:23] | for a man planning to kill a guy later that night. | |
| [25:26] | Oh, my God, that’s it. | |
| [25:28] | The guy even | |
| [25:29] | grabs Dr. Harper’s arm with his hand, | |
| [25:32] | with his fingernails. | |
| [25:36] | DANNY: All right, now tell me | |
| [25:37] | you have an angle where we can see his face. | |
| [25:39] | That’s all I’ve got. | |
| [25:43] | DANNY: (SIGHS) This can’t be it. | |
| [25:47] | That woman, there? | |
| [25:48] | She’s got her phone up like she’s taking a selfie? | |
| [25:53] | What are the chances she has both our guys in that photo? | |
| [25:56] | Mm, it’s a long shot. | |
| [25:58] | You know what’s also a long shot? | |
| [26:00] | That I can figure out or find out who that woman is, | |
| [26:04] | what her cell phone IP address is, | |
| [26:06] | crack it and find the picture. | |
| [26:11] | But is it… impossible? | |
| [26:19] | Dr. Bull, Mr. Colón? | |
| [26:21] | I was just about to leave my office when I was delivered | |
| [26:23] | an updated witness list from the A.D.A. | |
| [26:26] | They’re putting Sam Lowell on the stand. | |
| [26:28] | The victim’s son. He’s a child. | |
| [26:32] | COLLINS: Good morning. | |
| [26:33] | Sam, thank you for testifying today. | |
| [26:36] | You’re welcome. | |
| [26:38] | COLLINS: You understand this is | |
| [26:40] | a court of law, that when people sit in that chair | |
| [26:43] | you’re sitting in they’re expected to tell the truth? | |
| [26:45] | I know that. | |
| [26:47] | Good. | |
| [26:49] | So with that in mind, | |
| [26:52] | can you tell me about the night your father was murdered? | |
| [26:56] | Yes, sir. | |
| [26:58] | COLLINS: So after you heard your father let in a stranger, | |
| [27:01] | you opened your bedroom door and looked out. | |
| [27:04] | Can you tell us what you saw? | |
| [27:07] | I saw my… | |
| [27:09] | I saw my dad… | |
| [27:12] | lying on the ground. | |
| [27:16] | There was a lot of blood. | |
| [27:18] | And did you see anything else? | |
| [27:21] | Did you see anybody else? | |
| [27:25] | I saw… a man. | |
| [27:28] | And that man… | |
| [27:31] | Do you see that man in this courtroom today? | |
| [27:35] | He’s right over there. | |
| [27:37] | (GALLERY GASPING, MURMURING) | |
| [27:43] | The simple truth is they have… your DNA. | |
| [27:46] | They have an eyewitness, | |
| [27:48] | and they have created a plausible | |
| [27:50] | relationship between you and the victim | |
| [27:54] | based on your dependence on oxycodone. | |
| [27:58] | I thought that you had some theory | |
| [28:01] | about my DNA and the victim’s DNA… | |
| [28:04] | maybe I bumped into him somewhere. | |
| [28:06] | Grand Central Station. | |
| [28:09] | “He” turned out to be a she. | |
| [28:13] | The girl who tripped on the stairs? | |
| [28:17] | If only you had asked me. | |
| [28:20] | I’m sorry to have gotten your hopes up. | |
| [28:23] | I really do believe | |
| [28:25] | this is the best course of action. | |
| [28:36] | Gosh. If I had known I was gonna be so outnumbered, | |
| [28:39] | I’d have brought more people. | |
| [28:48] | My client has never wavered in his proclamation of innocence. | |
| [28:51] | And I would not want these conversations to suggest | |
| [28:53] | – otherwise. – But? | |
| [28:56] | But… what kind of terms might we be able to come to | |
| [29:00] | if… Dr. Harper agreed to plead guilty? | |
| [29:04] | Well… | |
| [29:06] | he’s staring at 25 to life right now. | |
| [29:11] | I’d go to 20. | |
| [29:12] | Well, that’s not much of a deal. | |
| [29:15] | The man is in his 40s. | |
| [29:17] | You’re right. | |
| [29:19] | Forget it. Let’s just let the jury decide. | |
| [29:21] | 15 years to life. | |
| [29:23] | No parole prior to 15 years served. | |
| [29:27] | Let’s keep in mind, he’s charged with killing a drug dealer. | |
| [29:29] | That doesn’t make the murder any less of a crime, | |
| [29:34] | but you never know what might happen | |
| [29:35] | during jury deliberations. | |
| [29:37] | Someone might seize on it, and… | |
| [29:41] | 15 to life. | |
| [29:43] | You should be a lawyer. | |
| [29:44] | I need 24 hours to sell it to my client. | |
| [29:47] | I’ll call the judge and request a recess for tomorrow. | |
| [29:52] | HARPER: I can’t make sense of any of it. | |
| [29:55] | I mean, you are asking me | |
| [29:57] | to willingly agree to… to give up a minimum | |
| [30:00] | of a decade and a half of my life. | |
| [30:06] | And my girls will be all grown up by the time I get out. | |
| [30:11] | My wife… | |
| [30:15] | if she’s still willing to be my wife… | |
| [30:17] | – Stop that. – Sorry. | |
| [30:20] | (SIGHS) | |
| [30:22] | It’s just this… | |
| [30:25] | This defies all logic for me. | |
| [30:30] | I mean, it’s… | |
| [30:31] | It’s like I’m discovering | |
| [30:33] | that night no longer follows day, | |
| [30:35] | that the ground is not beneath us, the sky is not above us. | |
| [30:42] | I never met that man they said I killed. | |
| [30:47] | And that little boy… | |
| [30:49] | he’s wrong… | |
| [30:51] | or confused about what he saw. | |
| [30:55] | And as far as | |
| [30:57] | the DNA evidence is concerned, | |
| [31:01] | I’m a doctor. | |
| [31:03] | I’m a man of science. I know that what they are asserting… | |
| [31:07] | is absolute. | |
| [31:10] | It’s unimpeachable. | |
| [31:13] | The only problem is I’m me, | |
| [31:18] | 24 hours a day. | |
| [31:22] | I was not there, I did not do it, | |
| [31:25] | and I know that with just as much certainty | |
| [31:27] | as the science is screaming that I must have. | |
| [31:32] | (JODY SNIFFLES) | |
| [31:34] | If only I didn’t send that sample. | |
| [31:36] | – No. Mm-mm. – I’m sorry. | |
| [31:42] | It was such a thoughtful thing. | |
| [31:48] | My parents, | |
| [31:52] | – they never liked to talk about the past. – (SNIFFLES) | |
| [31:55] | Whenever I’d ask them where we came from, | |
| [31:58] | they’d just throw their hands up in the air | |
| [32:00] | and say we were Americans. | |
| [32:04] | To finally read about… | |
| [32:07] | my family’s history, | |
| [32:09] | – the bad parts, the slave ships… – (SNIFFLES) | |
| [32:12] | …the good parts. | |
| [32:16] | That my ancestors fought | |
| [32:18] | side by side with the colonists to… | |
| [32:22] | secure this freedom for this country from Britain. | |
| [32:26] | (SNIFFLES) | |
| [32:30] | I’m the last of the line. | |
| [32:34] | And my legacy is… | |
| [32:38] | I killed a man. | |
| [32:43] | Not that I’ve helped hundreds of kids get through… | |
| [32:47] | infancy and adolescence | |
| [32:50] | in good health. | |
| [32:55] | Not that I married this amazing woman. | |
| [32:59] | (SNIFFLES) | |
| [33:00] | And helped bring two phenomenal girls into this world. | |
| [33:07] | Just… | |
| [33:09] | (SNIFFLES) | |
| [33:11] | …I killed a man. | |
| [33:15] | A man I never met. | |
| [33:26] | I promised the A.D.A. that… | |
| [33:29] | we’d let him know within 24 hours. | |
| [33:34] | (SNIFFLES) | |
| [33:40] | (ELEVATOR BELL CHIMES) | |
| [33:47] | (KEYS JANGLING) | |
| [33:58] | 7:22 in the morning. | |
| [34:00] | Definitely makes me an early bird. | |
| [34:02] | Question is, does that make you two worms? | |
| [34:05] | I couldn’t sleep. | |
| [34:06] | I called Taylor. | |
| [34:07] | Luckily, I was alone. | |
| [34:09] | And she agreed to come in here and help me with something. | |
| [34:12] | Get back to the part where you said you couldn’t sleep. | |
| [34:14] | I just couldn’t stop thinking about poor Dr. Harper. | |
| [34:18] | You were not alone in that. (SIGHS) | |
| [34:21] | Something in the way he said his parents never wanted to talk | |
| [34:23] | about the past, how it seemed like he’s spent… | |
| [34:26] | his whole life feeling… | |
| [34:28] | disconnected. | |
| [34:30] | I’m not unfamiliar with that feeling. | |
| [34:33] | You’re talking about… | |
| [34:35] | being adopted. | |
| [34:37] | (EXHALES) Dr. Harper wasn’t adopted. | |
| [34:40] | I don’t understand how any of this applies. | |
| [34:44] | Found this 45 minutes ago. | |
| [34:49] | BULL: What am I looking at? | |
| [34:51] | His mother’s medical records. | |
| [34:52] | The woman he believes is his mother. | |
| [34:54] | Elinor Harper had a hysterectomy at 23. | |
| [34:56] | Uterine fibroids. | |
| [34:58] | Dr. Harper came into her life when she was 28. | |
| [35:01] | She can’t be his biological mother. | |
| [35:02] | It’s not possible. | |
| [35:07] | So, why am I looking at this birth certificate? | |
| [35:09] | I mean, who is this? | |
| [35:11] | Who is… Jackson McKay? | |
| [35:14] | You are, Dr. Harper. | |
| [35:17] | Jackson McKay was your name | |
| [35:19] | for the first 14 months of your life, | |
| [35:21] | right up until your parents, the Harpers, | |
| [35:23] | adopted you. | |
| [35:24] | Adopted? | |
| [35:26] | I’m not adopted. | |
| [35:28] | I know it’s got to come as a shock, | |
| [35:30] | but I have a folder full of records here | |
| [35:32] | that proves you are. | |
| [35:34] | I’m sorry, why are you telling us this now? | |
| [35:37] | This is why. | |
| [35:39] | What’s this now? | |
| [35:42] | Your brother’s birth certificate. | |
| [35:45] | Your twin brother. | |
| [35:48] | Oh, my God. | |
| [35:51] | The only other person on the planet | |
| [35:53] | who has exactly the same DNA that you do. | |
| [35:57] | 100% match. | |
| [36:00] | LINDSEY: Can you identify the man in this photo? | |
| [36:03] | That’s Brandon McKay. | |
| [36:05] | (GALLERY MURMURING) | |
| [36:08] | LINDSEY: And how do you know Mr. McKay? | |
| [36:09] | He’s what we would call a client | |
| [36:11] | at the city shelter on 156th Street where I work. | |
| [36:15] | Like a lot of our clients, | |
| [36:16] | he would come in when it got too cold to be on the street. | |
| [36:19] | Objection your honor, what exactly is the point of this witness? | |
| [36:22] | I have no idea, Counselor. | |
| [36:24] | But I assure you, I’m fascinated. | |
| [36:27] | Objection overruled. | |
| [36:29] | You are a social worker and addiction counselor. | |
| [36:32] | Can you talk about some of the underlying conditions | |
| [36:35] | that you believe contributed | |
| [36:36] | to Mr. McKay’s chronic homelessness? | |
| [36:38] | Like a lot of our clients, | |
| [36:40] | Mr. McKay struggled with an addiction to heroin. | |
| [36:42] | And he had a violent streak. | |
| [36:44] | I remember he got into a fistfight with one | |
| [36:46] | of the other residents two Christmases ago. | |
| [36:48] | Do you happen to have his shelter records with you? | |
| [36:51] | I do. And do your records happen to indicate | |
| [36:54] | Mr. McKay’s birth date? | |
| [36:56] | March 2, 1975. | |
| [37:00] | The exact same birth date as Dr. Harper. | |
| [37:03] | (GALLERY MURMURING) | |
| [37:06] | Give me a sense. | |
| [37:07] | It’s starting to look less like a stoplight | |
| [37:09] | and more like a Christmas tree in here. | |
| [37:14] | So, what did Brandon McKay have that my client didn’t? | |
| [37:18] | For one, motive. | |
| [37:20] | He was in dire need of heroin and money. | |
| [37:23] | By robbing the victim’s supply, he could get both. | |
| [37:25] | Second, opportunity. | |
| [37:28] | He was a known associate of the victim, | |
| [37:30] | someone Joseph would’ve let into his home no questions asked. | |
| [37:34] | And was Dr. Harper identified by the victim’s son? | |
| [37:38] | Of course. | |
| [37:39] | Because he looks exactly like the murderer. | |
| [37:42] | He’s his twin brother. | |
| [37:44] | But the most important thing | |
| [37:47] | is the one thing these two men shared. | |
| [37:51] | Their DNA. | |
| [37:53] | Identical twins’ DNA is identical. | |
| [37:57] | A 100% match. | |
| [38:00] | Which means there is no way to tell | |
| [38:03] | which one of the brothers committed this crime, | |
| [38:06] | even if, in your hearts, | |
| [38:09] | I think you already know. | |
| [38:16] | Very well then. That concludes the closing arguments. | |
| [38:18] | And in anticipation of the jury beginning | |
| [38:21] | – their deliberations… – Your Honor, | |
| [38:23] | I apologize for the, uh, interruption. | |
| [38:26] | But before we ask the jury to deliberate | |
| [38:29] | upon the evidence and the testimony, | |
| [38:31] | I was hoping to request a short recess | |
| [38:33] | so that I might confer with opposing counsel | |
| [38:36] | and save the court and the jury some time and… | |
| [38:41] | trouble. | |
| [38:44] | Let’s take 20 minutes recess | |
| [38:46] | in my chambers. | |
| [38:50] | What do you that means? | |
| [38:51] | Only good things. | |
| [38:56] | (QUIETLY): Do you want some company? | |
| [38:58] | Sure. | |
| [39:02] | So, | |
| [39:04] | when he says they’re dropping all the charges… | |
| [39:07] | It means you’re free. | |
| [39:08] | It means it’s over. They realize they made a mistake. | |
| [39:11] | BENNY: A mistake you might | |
| [39:12] | – actually want to sue them for. – Mm. | |
| [39:13] | But that’s a conversation we can have another time. | |
| [39:17] | So, now what happens to my brother? | |
| [39:20] | Will there be another trial? | |
| [39:22] | Well, if there were, | |
| [39:23] | the same way his DNA gave us reasonable doubt, | |
| [39:26] | yours would do the same for him. | |
| [39:28] | There’s no way, definitively, | |
| [39:30] | to prove which one of you did it. | |
| [39:32] | So they won’t prosecute? | |
| [39:34] | They can’t. | |
| [39:36] | Dr. Harper, the second we found out | |
| [39:39] | that you had an identical twin, | |
| [39:40] | I had my team out in the field looking for him. | |
| [39:44] | And we found him. | |
| [39:47] | I’m sorry. | |
| [39:48] | Uh… | |
| [39:50] | he’s been in the Philadelphia City Morgue for three days | |
| [39:54] | as a result of an overdose. | |
| [39:57] | Michael, he was a junkie. | |
| [39:59] | A murderer. | |
| [40:01] | But he looked just like me. | |
| [40:04] | You’re not the same. | |
| [40:06] | I know, but… | |
| [40:08] | still, I looked him up on-online. | |
| [40:12] | We both played basketball in high school. | |
| [40:15] | Forward. | |
| [40:16] | We both struggled with addiction. | |
| [40:19] | I had a few fistfights when I was young. | |
| [40:22] | We shared some demons. | |
| [40:25] | You’re wondering why your life turned out one way | |
| [40:27] | – and his turned out another? – No, I know. | |
| [40:29] | I had parents that put me through school | |
| [40:32] | and a wife that helped me with my sobriety. | |
| [40:35] | BULL: Maybe. Let’s not forget about free will. | |
| [40:38] | Our DNA is not our destiny. | |
| [40:41] | We can change it, piece by piece, choice by choice. | |
| [40:45] | If we’re strong enough. | |
| [40:46] | Which you were. | |
| [40:48] | So what about the boy? | |
| [40:50] | The victim’s son. | |
| [40:51] | The one who identified me. | |
| [40:53] | The assistant district attorney said | |
| [40:55] | he went to live with his cousins. | |
| [40:56] | They seem happy to have him, and he seems happy to be there. | |
| [41:02] | You should go home, play with your kids. | |
| [41:04] | It’s a beautiful afternoon. | |
| [41:07] | That it is. | |
| [41:09] | (“IT’S A FAMILY AFFAIR” BY SLY AND THE FAMILY STONE PLAYING) | |
| [41:14] | LINDSEY: So, what is everybody else | |
| [41:15] | doing the rest of the day? | |
| [41:16] | Oh, I think I’m going home, | |
| [41:18] | calling my brother and sister. | |
| [41:20] | Wow. | |
| [41:21] | That’s a great idea. I think I’m gonna do the same thing. | |
| [41:23] | Dr. Bull? | |
| [41:25] | Actually, I’m gonna go back to the office | |
| [41:26] | and try and track down an old girlfriend. | |
| [41:28] | ♪ It’s a family affair ♪ | |
| [41:33] | ♪ It’s a family affair. ♪ |