Law & Order: Trial by Jury (2005) s01e05 Episode Script
Baby Boom
[Man Narrating.]
In the criminal justice system all defendants are innocent until proven guilty, either by confession, plea bargain or trial byjury.
This is one of those trials.
[Woman On Phone.]
911? Is this 911? Please, you gotta help me.
Oh, my God, she's- The baby is barely breathing.
[Operator.]
Where is the baby now? Marissa! She's right here.
She's right next to me.
I think she's dying.
Please! Lay her down and tilt her head back, and see if something is blocking the airway.
Please, you've gotta help me! Please come quick.
Please.
L-I don't know what to do.
A- Ah, stay calm.
I'm all alone here! [Breathing Heavily.]
Gently sweep through the baby's mouth with two fingers.
There's nothing.
She's just- Oh, my God.
She's not breathing at all.
She's not breathing.
Help is on the way.
Marissa? Oh, my God.
She's dying! I think she's dying.
A.
D.
A.
Gaffney? Hi.
I didn't know this was your case.
Yeah.
The child lived in my precinct.
- This is Detective Terrano.
- Hi.
- So where do we stand? - The doctor just told me they're taking the child off life support.
It's gonna be a homicide.
What else are they saying? They wanna show us X-rays.
Looks like shaken baby.
Retinal hemorrhaging.
You can actually see that the eyes have slammed against the back of their sockets.
How long would you say she was shaken? At least 30 seconds, possibly a minute.
But the scan also shows an acute subdural hematoma.
Brain bleed.
We operated to relieve the pressure, but the damage was too severe.
She's brain-dead.
Well, that couldn't have happened from just being shaken.
Right.
The skull is fractured.
Now, the temporal bone lacerated the middle meningeal artery.
Well, could it have been an accident, maybe a fall? Yeah, they'll say that.
But this was no accident.
The nanny had sole care of Marissa since 6:30 this morning.
I'll order up some surveillance, make sure she stays put.
So you've talked to the parents? Single mom.
She adopted Marissa from China six months ago.
Needed a nanny because of her work schedule.
Enter Katie Nevins from rural Pennsylvania.
What do we know about her? She moved here six months ago.
Told the mother she wants to be a handbag designer.
What, in her spare time? That was the problem.
This morning she asked for the day off.
Dr.
Downey said no.
They had words.
Dr.
Downey? That's her- Dr.
Emily Downey, on staff here.
She's the mother.
She was in surgery when the call about Marissa came in.
[No Audible Dialogue.]
I told her you were coming.
Wait.
I don't think that we should, um- I think she's saying good-bye.
I want to talk to that nanny.
[Knocking.]
- It's that detective again.
- At 1:00 in the morning? Katie, this is Assistant District Attorney Gaffney.
You're, like, a lawyer? Exactly like.
What's going on? I have some questions to ask you.
Well, I already told them everything, but whatever y- Actually, I'd like to do it down at the precinct.
Well, how's my friend gonna get home? We were gonna take the train together.
I'll be okay.
Come.
How's Marissa? Is she doing all right? What do you think? Now, is it true that your client was in the process of fleeing the city when she was brought in? Katie was on her way to Queens to spend the night with a friend.
Now, last I heard, sleepovers were still legal.
See, this is how the D.
A.
' s office distorts things when they don't have a case.
And believe me, they don't.
Peter Betts.
I'd lay money he leaked that "fleeing town" story himself just so he could refute it.
Who's pickin' up his tab? [Kibre.]
The nanny agency.
Waverly Nannies can afford Peter Betts? [Branch.]
Their insurance company can.
If they get an acquittal, they avoid civil litigation.
I'm thinking manslaughter would look reasonable and play against the evil stereotype Betts is framing us with.
[Branch.]
What - we go paws up because we can't take being called names in the press? Mary Poppins is killin'babies over on the Upper East Side.
Strikes fear into the hearts of every mother in town.
Tracey, if the baby was just shaken- nanny's frustrated, doesn't mean to really hurt her - that's manslaughter, but when she then smashes the baby's head because the shaking didn't stop the crying, that's intent.
There you go.
And with intent, you've got murder two.
And I've got a meeting, so if you ladies will excuse me- [Door Opens, Closes.]
I thought we agreed on a united front.
I'm sorry.
But I was there.
I saw this baby die in her mother's arms.
[Sighs.]
This is a murder case.
Well, it's murder if you can prove it.
We can.
Case number 436804, The People v.
Katherine Nevins.
The charge is murder in the second degree.
How do you plead? Not guilty.
- Bail? - Your Honor, we ask that Katie Nevins be remanded pending trial.
Go ahead.
The defendant has no job, no place to live- in short, no connection to the community.
We have every reason to believe that she's a flight risk.
Mr.
Betts? Your Honor, my client isn't goin' anywhere.
Now, she is eager to have her day in court so she can refute these outrageous claims and restore her good name.
Counselor, right now, let's focus on where she'll be sleeping.
Well, my wife and I have offered her our guest room.
And Katie's mother has taken leave from her job as a teacher's aide to come and be with her daughter full time- something that she did, by the way, during the first seven years of Katie's life.
Emily Downey will not have the opportunity to raise her child, Your Honor.
Okay, enough.
Miss Gaffney, if Mr.
Betts is providing a place to live and a support system, bail will be set at one million dollars, cash.
[Quietly.]
A million dollars? Uh, the insurance will pay.
We'll post this afternoon, Your Honor.
Hey.
Hey.
Heard the bad news.
Yep, she made bail.
No, the bad news.
We gotJudge Patel.
Okay.
Make my day worse.
Patel is an ex-legal aid attorney.
He's not D.
A.
- friendly.
I've seen a case go south with him on his rulings that had a smoking gun, a confession and an eyewitness that was a nun.
Great.
And with Katie out on bail, there's no chance of a plea.
Can we do anything? Pray the clerk made a mistake and we didn't get Patel.
Resorting to prayer, huh? [Chuckles.]
You religious? No.
Are you? I'm Irish.
It's mandatory.
So in your statement at the precinct, you said you took Marissa to the park that morning, and that she might have fallen and banged her head.
She was chasing after these older kids, and I turned my back for one second, and she was on the ground.
Well, my point is, you didn't mention this the first time you talked to the police at the apartment.
I guess l- I didn't think it was that i-important.
Wha - Paramedics are asking you what happened, you don't think a head bump is important? Well, I said she might have.
Well, I would think even the possibility of a head bump is worth mentioning.
I wasn't really thinking straight.
You know, it's, um, kind of convenient that you suddenly remember this fall once you're in custody! - No, that's not what- - What? They're questioning me for hours.
- And I'm rem- I'm just remembering stuff- - Remembering what? What were you remembering? What? [Voice Breaking.]
God, I never should've taken this stupid job.
[Sighs.]
Are you scared? - Yeah.
- Yeah, well, good.
You should be, 'cause right now, the D.
A.
' s are high-fivin' themselves over the inconsistencies in your statements, and they're figurin' out all the ways they can to brand you as a liar.
And that fall in the playground is way number one.
But that's not- I know it's not.
You ready to go to work- let that fear motivate you? Yeah.
Katie Nevins'driver's license- lists her address as Hastings-on-Hudson.
I'm sure Waverly Nannies has clients in Westchester.
Maybe she worked there first.
On her application for Emily Downey, Katie says she just moved from Pennsylvania.
Doesn't say anything about Westchester.
Anytime someone has a reference and doesn't use it, there's a reason.
I'll run it.
Mind if I tag along? Don't they keep you busy enough at the 3-1? I was there at the hospital, remember? I saw what you saw.
Sure.
[Sighs.]
We saw Katie on the TV.
L- It's terrible.
I was gonna call you guys, but my husband doesn't want to get involved.
So she did work for you? Live-in nanny, but only for a few weeks.
Mind telling us what happened? Well, my sister was gonna move in with us.
- We wouldn't need a nanny.
- Did she? - Um- - So she didn't move in.
Now after paying that hefty agency fee, why'd you get rid of Katie? I don't like talking about this.
- I would feel more comfortable if- - Being uninvolved.
I know.
Our firm's attorney said that my experience with Katie is probably not even relevant.
Why don't we go to his office, have a little talk with Clarence Darrow? Please don't drag him into this.
Call him on the phone.
Conference in your husband.
We can all talk about how you're avoiding helping a mother who just lost a child.
She spanked my four-year-old.
Hard.
He had welts.
He found a piece of fabric in her room and made a cape out of it.
He's four.
He thinks he's a superhero.
I guess it was expensive fabric for a purse she was designing, and he kinda trashed it.
But welts? I've been looking at the case law on shaken baby, and typically these cases are not murder two.
Uh, this isn'tjust shaken baby.
The child's skull was shattered.
All the same, you don't think you're overreaching here? [Kibre.]
No, Your Honor.
We honestly don't.
By "we," you mean yourself and Mr.
Branch? Uh, the D.
A.
' s office in general.
Well, the office that Mr.
Branch heads at the discretion of the voters.
Too bad that district attorney is not a lifetime appointment.
He would be free of political necessity.
He could make decisions based on the law.
- Which is how this decision was made.
- Well, I hope so, 'cause it would be a tragedy to destroy a young girl's life for the sake of public opinion.
We feel the tragedy here is the depraved indifference to Marissa Downey's life displayed by the defendant.
Okay then.
If you feel you can meet the burden of proof for murder two, go ahead and try.
Next case.
The autopsy confirmed that the decedent died as a result of a subdural hema- Liz, remember, always refer to her as " Baby Marissa.
' ' We need to humanize her as much as possible.
That's a good point, 'cause I was gonna call her " case number 4235-11.
' ' [Chuckles.]
Okay, gimme a break.
I'm dealing with Judge Patel, who has already made it clear he doesn't think we can make second degree.
All right.
Well, I'm here to make your life easier.
Look what else showed up in the autopsy.
There.
That's a buckle fracture of the right wrist.
What, a result of the shaking? Yeah, that's what I thought too, but see, the bone's begun to knit.
This injury must have occurred a good six weeks before Baby Marissa's death.
And no one noticed? Well, that happens with infants.
The child can't explain where it hurts and compensates by using the other arm.
And we already know that Katie struck the Rawlings kid out of anger, so if she did this to Marissa- I'd say you have a pattern of behavior.
Emily met Marissa when she was in China working with a group of surgeons who volunteer in underdeveloped countries.
You know, if we use this picture from the orphanage, we highlight her work with Operation Smile and- That reinforces her as being abandoned.
Jury's not gonna care if her birth mother didn't.
- How about this one? - No, that one looks expensive.
No portraits, unless they're from Sears.
Oh, this one's good.
- Really? - Yeah.
Every juror's got a picture of their kid or niece or granddaughter with spaghetti sauce all over their face.
You know, I thought seeing her in the hospital was bad, but this is- Exactly.
That's what I want thejury to feel.
- Dr.
Downey's here.
- [Quietly.]
Okay.
So the judge will sit here, prosecution will be over there, and you'll sit here with me.
Where will Emily sit? Well, she's a witness.
She'll only be allowed in when she testifies.
She'll sit over there.
What if she freaks out at me? No, she won't freak out.
[Chuckles.]
You don't know her.
She may seem all sweet and nice, but you should see her when she gets pissed off.
Whoa.
Whoa.
Wait a minute.
She gets upset? I need to know this.
Sit down.
Tell me all about it.
Katie started in right away about this woman, a buyer for Anthropologie who had agreed to take a look at her designs.
She asked me if I could come home for an hour that afternoon or let her drop Marissa at my office.
Apparently she'd already set up the meeting.
And what did you tell her? I told her I had surgery.
Maybe if she'd given me more notice- And how did she react? She started crying- begging me, asking if maybe a nurse could watch Marissa.
I told her, " No.
They have their job to do.
' ' So how did you leave it with Katie? I had to go to work, so I left.
I left Marissa there with her.
[Voice Breaks.]
I'm sorry.
This is just - [Sobs Quietly.]
It's okay, Emily.
Showing emotion on the stand is not a bad thing.
I went back to work three weeks after I brought Marissa home from China.
I told myself it was the best thing.
Wouldn't it be easier for her to get used to the routine and the nanny right from the get-go? - But was I really thinking about her? - Okay, stop.
You can't let the defense get even a whiff of self-doubt.
You're not guilty, Emily.
Katie is.
[No Audible Dialogue.]
So based on the defense witness list, how's Betts gonna play this? Well, for sure, accidental death.
Yeah.
Katie's stuck with her statement about Baby Marissa possibly hitting her head on the playground.
And their experts-for-hire will testify that Marissa's injuries are consistent with a fall and Katie's attempts to revive her.
And we counter with - Doctors who went to med schools you've actually heard of.
[Chuckles.]
Who argue the injuries couldn't be accidental.
We further destroy their claim of accidental death by establishing a pattern of violent behavior.
All right.
Whenever Katie feels powerless, she takes it out on someone less powerful.
Mm-hmm.
Four-year-old Kevin Rawlings destroyed expensive fabric.
Baby Marissa got in the way of a really important interview.
Someone get Ravell and Salazar to see if she had any career setback six weeks ago that would coincide with a wrist fracture.
[Woman.]
Already done.
They interviewed Katie's friend.
Eve Walsh says Katie missed a sign-up deadline and was shut out of a class at the Fashion Institute.
Great.
Now if we can just get the evidence pastJudge Patel- That just got a lot more difficult.
Motion to quash our subpoena of Kevin Rawlings, filed by his parents.
Aside from the obvious competency issues, where is the relevance, Miss Gaffney? - Once Your Honor hears the witness testimony, it will be- - That's not what I asked.
I asked you to tell me- - As we stated in our brief- - I read your brief.
If that's all you've got, I'm going to allow the motion to quash.
Mr.
And Mrs.
Rawlings, your child does not have to appear in this matter.
Moving on.
I've taken the liberty of reviewing the pre and postmortem photos of the decedent.
I find them to be unduly prejudicial.
- Your Honor, Stevens clearly states that relevant photographs- - Stick it in your appeal file, Miss Gaffney.
Next, the admissibility of the wrist fracture, a previous injury.
[Quietly.]
You do it.
He's out to kill me.
- [Clears Throat Quietly.]
- Miss Kibre? Your Honor, Neer states, in cases of child abuse when the crime occurred in the home, prior injuries are relevant in establishing that the death was not accidental.
- Mr.
Betts, I assume you want to be heard on this? - Uh, yes, Your Honor.
Uh, admission of further injuries would lead to juror confusion and be prejudicial to my client.
You want to give me some cases, Mr.
Betts? Well, obviously the Neer case.
[Judge Patel.]
The case that Miss Kibrejust cited? [Betts.]
Yes.
[Judge Patel.]
You're gonna have to do better than that.
Based on that argument, I have no choice but to allow the prosecution's motion.
[Gavel Raps.]
[Sighs.]
Reassign me.
I'm hurting the case.
Stop making this personal.
Patel's making it personal.
Because of me, we lost the motion to quash, the admissibility of the photos- You missed the biggest thing that happened in there.
Why did Betts fold on the wrist fracture? Why didn't he fight us? He wants it in.
Because it works for him.
Stop worrying about Patel and worry about that.
If I err on the side of caution - Caution? You're misinterpreting the law.
Stevens is about inflammatory images.
Exclude the autopsy photos, fine.
But to exclude something- What- a picture of an adorable baby in the arms of her loving mother? You're supplying the adjectives, Sam, not me.
Yes, b-but- but that's the subtext.
See, all babies are adorable, just as all mothers are loving.
If that doesn't inflame the jury into a thirst for vengeance, even if the facts don't sustain the argument- You're withholding facts- what the baby looked like healthy, her- her size, her weight.
I'll give them measurements.
- Where is this coming from? - Certain people are so hell-bent on trying to turn- What- "certain people"- What- do you mean women? Hey, it might even be a good thing, you know, a Darwinian advantage- uh, mothers protecting their young- but with women, there is an inability to be rational when a baby is involved.
[Chuckling.]
Yeah.
Do you know how sexist this sounds? Well, slapping a label on it doesn't make it any less true.
Ah, so you're going to personally defend this girl against vindictive women like me, hopped up on estrogen? I am going to make sure that she gets a fair trial based on the facts.
I very much doubt that.
Well, thank you, Amanda.
You've actually proven my point.
Only one person had the motive and the opportunity to commit this terrible crime: Katie Nevins.
We will prove that Katie was frustrated- panicked that her big opportunity was passing her by.
The prosecution's job is to convince you and to prove to you that Katie Nevins killed that little girl.
All I have to do is raise a reasonable doubt in your minds, and I can do that.
But I'm gonna go you one better.
After all, a little girl died here.
I'm gonna prove to you this terrible tragedy was an accident, and I'm gonna prove- prove to you- that my client did not cause it.
Thank you.
He can't prove anything.
It's all smoke and mirrors.
Well, he's not stupid.
He wouldn't have raised expectations if he didn't think he could deliver something.
What? There are no witnesses.
Katie said in her statement that she was alone with Marissa from 6:00 a.
m.
When Emily left until the paramedics arrived.
Well, what if she wasn't alone? What if at the last minute she got someone to babysit for her and something went wrong? The cops already checked the security tapes from the Downey building that day.
Yeah.
Well, now our people are gonna check them.
We're gonna need coverage of the lobby and the corridor outside the Downey apartment from 5:00 a.
m.
To 5:00 p.
m.
The day Marissa was murdered.
We maintain coverage, uh, goin' back eight months.
There's cameras in every public space.
- A shame you don't have any footage from inside the apartment.
- [Typing.]
I guess for the Paris Hilton stuff the tenants are on their own.
That morning, I went into her room, and she was in her crib, smiling.
She had this little stuffed panda that she liked to sleep with, and she was kissing it and then holding it out for me to kiss.
It was a sign to me of how well she was doing.
What do you mean by that? She was showing affection- feeling attached to her things, to me.
After a year of institutional care in China, she was really blossoming.
How was her health? Her pediatrician and I did a thorough work-up.
Marissa was in excellent health.
So during this exhaustive workup, did your pediatrician detect Marissa's wrist fracture? - No.
- And you're a physician, are you not? - Objection.
- Sustained.
You say you bonded with Marissa rather quickly.
I loved her from the moment I saw her.
- And when you say "love," what do you mean by that? - Objection.
Relevance? Dr.
Downey's never been married.
She doesn't have any other children.
Now, I know she is a respected and admired professional.
I'm just trying to understand if she can separate love from being loved.
Move on.
I call your attention to the People's exhibit 13.
Do you recognize that? Yes.
Those are the notes I took when Katie called me.
The call informing you that your daughter was gravely ill and being rushed to the hospital.
- [Downey.]
Yes.
- So your daughter's dying, you have the presence of mind to make notes? - Objection.
- Withdrawn.
Read the last sentence, please.
"Child non-responsive to repeated auditory commands.
' ' And by the "child," you're referring to Marissa, your daughter? - It's a habit.
- Referring to Marissa generically as the "child"? No.
It's medical shorthand.
Uh-huh.
[Betts Sighs.]
Now, exhibit 24.
[Paper Rustling.]
Would you tell thejury what this is? It's an organ donation form.
Yeah.
And that is your signature there? Yes.
And this time here, I believe, refers to the time you signed it - the time you agreed to donate your daughter's organs? Can you read that time? "1:37 a.
m.
, November 3.
' ' Marissa didn't actually die until 8: 13 that morning, did she? No.
So for a good seven hours before that, you're giving away her eyes and her kidneys and her lungs.
She was effectively- - Her E.
E.
G.
- Your daughter isn't even dead yet, and you're giving away her heart? - Objection! - It's standard protocol when- [Betts.]
Withdrawn.
I'm done.
[Sniffles.]
At least two mechanisms were involved in Baby Marissa's death: The first, a violent shaking or swinging of the head, the second, a severe blow to the head against a blunt surface.
Now it is possible that one of these mechanisms could have occurred accidentally, but two together in a short space of time- the chances of that are practically nil.
Thank you.
- Doctor, are you familiar with a condition called "talk, deteriorate, and die"? - Yes.
And in these cases, isn't it true that even though these patients suffer severe head trauma, they continue to behave normally? It's a very rare condition.
But it happens? - Uh, well, yes- - So isn't it possible that Marissa Downey sustained her skull fracture at an earlier date and still continued to walk around as if nothing were wrong? Objection.
Calls for speculation.
Your Honor, the People put up this witness as an expert.
I'll allow it.
Please answer the question.
In this case, the likelihood of that- Is it possible, Doctor? Yes or no.
The possibility is so remote that I wouldn't even - Is it possible? Yes.
Thank you, Doctor.
Oh, one other thing.
You testified that Marissa fractured her wrist six weeks before her death.
That would be, uh, September 22.
- I would have to look at a calendar.
- Oh, well, I have one.
It's, uh- It's one of those ones you get at the dry cleaners.
[Chuckles.]
Yes.
September 22, give or take a few days.
Sure.
Thank you, Doctor.
Nothing further.
[Typing.]
My shift is over.
Nick here can help you out.
You mind? We're on a tight schedule.
[Nick.]
Yeah.
This again? How many times do I gotta stare at the footage of this friggin' corridor? I mean, first the cops, then that P.
I.
, and what - now you guys? Whoa, whoa.
A private investigator asked you to play this footage? Yeah.
This hallway, but a different day.
It was like six weeks earlier.
Look.
I burned the guy a DVD.
- [Judge Patel.]
Arguments? - Where do I begin? Apart from the fact that the footage is inflammatory and prejudicial against the mother of the victim, there's also the issue of unfair surprise.
Mr.
Betts obtained this footage a week ago and has been sitting on it.
Mr.
Betts, is this true? No.
I only recently got my hands on a copy and didn't get a chance to watch it until yesterday, Your Honor.
Miss Kibre? Well, unless you have evidence to refute Mr.
Betts's story, I'm gonna have to take him at his word.
With that in mind, I'll allow it.
Then what about the fact that not only is it irrelevant, but also too remote in time? Need I remind you, counselor, that it was the People who insisted on having the prior wrist fracture admitted as evidence? You made your bed on this one.
I'm calling back the jury.
[Betts.]
Now, this is surveillance video recorded in the hallway outside Dr.
Downey's apartment.
Now pay particular attention to the force this woman uses to grab her child's wrist and yank her from the elevator- a desperate mother supercharged by adrenaline, unconscious ofher own strength.
- And what is the date on this footage? - [Nick.]
September 22.
September 22? That's the same day that the medical examiner said Marissa had fractured her wrist.
I guess I kinda knew something was wrong.
For those last few weeks, Marissa had been really irritable.
She was crying a lot, unable to get comfortable.
Did you say anything to Emily? Well, l- I figured she's a doctor.
If the baby was sick, she'd do something.
And the one time I did say something, she kind of blew it off.
What did you say? She had just come home.
It was about 8:00 at night.
Emily always had calls to return, and she liked it to be quiet.
And Marissa was just being really fussy, and I said she'd been like that all day and maybe she was sick.
And how did she respond to that? She handed me a cookie and told me to give it to Marissa.
Did you? All that sugar that late? Marissa would never have gone to bed.
I guess since Emily was never really there at bedtime, she didn't realize the- - Objection.
- Miss Nevins, please answer the question.
No, I didn't give her the cookie.
I ate it myself.
[Betts.]
One last question.
[Sighs.]
Just to be clear, did you shake Marissa Downey and then slam her head into a blunt, hard surface, causing those horrible injuries? No, sir.
I loved Marissa.
I never would have done anything to hurt her.
Thank you, Katie.
Nothing further.
What kind of cookie? Oh, um, I think it was- Is this relevant? I'll withdraw the question.
I've already gotten my answer.
Please ignore Miss Kibre's last remark.
Can you show me exactly where Baby Marissa was in relation to you when you told the 911 operator, "She's right here, right next to me"? Okay.
And then the operator told you to tilt her head back and check the airway? I just kind of opened her mouth.
Oh, don't tell me, show me.
And where's the phone? It was on my shoulder.
Oh.
Could you show me? This is an exact match of Emily Downey's phone.
Okay.
A nd then the operator told you to take two fingers and make a sweep ofher mouth.
I can't.
The doll's mouth doesn't open.
Oh.
Well, just do the best you can.
Uh, I think l - I must've put the phone down for that.
It's all kind of a blur.
- That's okay.
Try it again.
- Objection.
Relevance.
The demonstration of the lifesaving techniques used by the defendant goes to her credibility.
Objection overruled.
We'll pick up here after a 10-minute break.
[Gavel Raps.]
[Clears Throat Quietly.]
We just broke 45 minutes ago.
The son of a bitch is doing this just to screw up your rhythm.
It's a perfect way to kill a case and leave no fingerprints for an appeal.
[Mouthing Words.]
Yeah? You ready? Getting there.
[Door Closes.]
You know that- thatJudge Patel, he is such a- [Scoffs.]
I bet ya he makes his wife call him " Your Honor.
' ' [Chuckles.]
Well, screw Patel.
I'm all about the jury now.
[Sighs.]
Maybe I let this case get to me.
Maybe we should have gone for manslaughter.
No.
Kelly, you were right to push for murder two.
Don't be afraid to be right.
Emily Downey had it all: Great job, good home, gorgeous child.
And when that child died from her own neglect, she had the perfect scapegoat: The nanny.
[Sighs.]
I want you to use your common sense, and don't believe the elaborate, sinister accusations cooked up by the D.
A.
Believe your own eyes.
Now the only person anyone has ever seen harm that child is her own mother.
Find Katie Nevins not guilty.
Thank you.
Mr.
Betts wants you to "believe your own eyes," and by that he means the video footage that he played for you.
Well, that video shows a mother protecting her own child.
Emily didn't hurt Baby Marissa- not to the extent that we all saw on the X-rays and the C.
T.
Scans.
So who did? Let's go back to the 911 tape.
Okay.
You remember how Katie showed us how she followed the operator's instructions? Yeah.
[Operator On Tape.]
911.
Your call is being recorded.
What's your emergency? [Katie On Tape.]
911? Is this 911? Please, you gotta help me.
Oh, my God.
She's not breathing.
[Operator.]
Help is on the way.
Where is the baby now? Marissa! She's right here.
She's right next to me.
- Lay her down and tilt her head back, and see if something is blocking the airway.
- Please, you've gotta help me! Please come quick.
Please, l-I don't know what to do.
I'm all alone here! [Operator.]
A - Ah, stay calm.
Gently sweep through the baby's mouth with two fingers.
[Katie.]
There's nothing.
She's just - Oh, my God.
She's not breathing at all.
Stop.
[Switch Clicks.]
There's no way the defendant had enough time to follow the operator's instructions.
I could barely get the baby's head back.
She didn't check the airway.
Why? Because she knew there was nothing blocking it.
She knew exactly what was wrong with that baby.
She had just smashed her head in.
She needed to get to that interview, and the baby wouldn't stop crying, so she started shaking her to shut her up! [Doll Rattling.]
You heard the experts - this was no playground incident, this was no tug of the arm.
- This was violent shaking that wouldn't stop! - All right, Miss Kibre.
We get the idea.
- Don't worry, Your Honor.
I've only got 25 more seconds.
- [Rattling Continues.]
Miss Kibre, that's enough.
Almost done! Stop immediately, or I will hold you in contempt! Katie Nevins didn't give a damn about Marissa Downey.
Will you? In the matter of The State of New York versus Katherine Nevins, on the charge of murder in the second degree, we the jury find the defendant guilty.
- [Spectators Murmuring.]
- No.
- Why are they doing this to me? - [Judge Patel.]
Order! Order! [Rapping Gavel.]
Madam foreperson, take your seat.
Will the clerk please poll thejury? Juror number one? [Woman.]
Guilty.
Juror number one, guilty.
- Juror number two? - Guilty.
[Clerk.]
Juror number two, guilty.
Juror number three? [Woman.]
Guilty.
Juror number three, guilty.
Juror number four? [Man.]
Guilty.
Juror number four, guilty.
Juror number five? [Bailiff.]
Criminal term part 48 is now in session.
The honorable Samir Patel presiding.
You may be seated.
My duty as a judge is to ensure that the defendant receive a fair and impartial trial based on the facts.
And any blatant appeals to thejury's emotions are kept out of the proceedings.
Much to my dismay, my attempts to fulfill that duty have been unsuccessful.
Therefore, in the interest of justice, I have no choice but to vacate the jury verdict of second degree murder.
And, as a matter oflaw, I find no evidence proved intent, complicity or knowledge beyond a reasonable doubt.
In addition, I am taking the unusual step of dismissing the indictment.
[Spectators Murmuring.]
File whatever you like, Miss Kibre.
[Gavel Raps.]
Court adjourned.
[Murmuring Continues.]
What does this mean? This means you can go home.
We'll file an appeal.
Which we'll lose.
Patel was careful.
He made sure his ruling stuck to the letter of the law.
- What's the point then? - Well, you never know.
Um, we could turn up some new evidence.
I'll be gone for a while, so- Where you going? The Sudan first, and then wherever they need me.
I wish we'd won the case.
You did.
[Phone Ringing In Distance.]
[Sighs.]
Can't we do something - you know, like, just call somebody and try to get Patel transferred to traffic court on Staten Island where he's not playing with people's lives? Kelly, move on.
She has.
[Sighs.]
[Howling.]
In the criminal justice system all defendants are innocent until proven guilty, either by confession, plea bargain or trial byjury.
This is one of those trials.
[Woman On Phone.]
911? Is this 911? Please, you gotta help me.
Oh, my God, she's- The baby is barely breathing.
[Operator.]
Where is the baby now? Marissa! She's right here.
She's right next to me.
I think she's dying.
Please! Lay her down and tilt her head back, and see if something is blocking the airway.
Please, you've gotta help me! Please come quick.
Please.
L-I don't know what to do.
A- Ah, stay calm.
I'm all alone here! [Breathing Heavily.]
Gently sweep through the baby's mouth with two fingers.
There's nothing.
She's just- Oh, my God.
She's not breathing at all.
She's not breathing.
Help is on the way.
Marissa? Oh, my God.
She's dying! I think she's dying.
A.
D.
A.
Gaffney? Hi.
I didn't know this was your case.
Yeah.
The child lived in my precinct.
- This is Detective Terrano.
- Hi.
- So where do we stand? - The doctor just told me they're taking the child off life support.
It's gonna be a homicide.
What else are they saying? They wanna show us X-rays.
Looks like shaken baby.
Retinal hemorrhaging.
You can actually see that the eyes have slammed against the back of their sockets.
How long would you say she was shaken? At least 30 seconds, possibly a minute.
But the scan also shows an acute subdural hematoma.
Brain bleed.
We operated to relieve the pressure, but the damage was too severe.
She's brain-dead.
Well, that couldn't have happened from just being shaken.
Right.
The skull is fractured.
Now, the temporal bone lacerated the middle meningeal artery.
Well, could it have been an accident, maybe a fall? Yeah, they'll say that.
But this was no accident.
The nanny had sole care of Marissa since 6:30 this morning.
I'll order up some surveillance, make sure she stays put.
So you've talked to the parents? Single mom.
She adopted Marissa from China six months ago.
Needed a nanny because of her work schedule.
Enter Katie Nevins from rural Pennsylvania.
What do we know about her? She moved here six months ago.
Told the mother she wants to be a handbag designer.
What, in her spare time? That was the problem.
This morning she asked for the day off.
Dr.
Downey said no.
They had words.
Dr.
Downey? That's her- Dr.
Emily Downey, on staff here.
She's the mother.
She was in surgery when the call about Marissa came in.
[No Audible Dialogue.]
I told her you were coming.
Wait.
I don't think that we should, um- I think she's saying good-bye.
I want to talk to that nanny.
[Knocking.]
- It's that detective again.
- At 1:00 in the morning? Katie, this is Assistant District Attorney Gaffney.
You're, like, a lawyer? Exactly like.
What's going on? I have some questions to ask you.
Well, I already told them everything, but whatever y- Actually, I'd like to do it down at the precinct.
Well, how's my friend gonna get home? We were gonna take the train together.
I'll be okay.
Come.
How's Marissa? Is she doing all right? What do you think? Now, is it true that your client was in the process of fleeing the city when she was brought in? Katie was on her way to Queens to spend the night with a friend.
Now, last I heard, sleepovers were still legal.
See, this is how the D.
A.
' s office distorts things when they don't have a case.
And believe me, they don't.
Peter Betts.
I'd lay money he leaked that "fleeing town" story himself just so he could refute it.
Who's pickin' up his tab? [Kibre.]
The nanny agency.
Waverly Nannies can afford Peter Betts? [Branch.]
Their insurance company can.
If they get an acquittal, they avoid civil litigation.
I'm thinking manslaughter would look reasonable and play against the evil stereotype Betts is framing us with.
[Branch.]
What - we go paws up because we can't take being called names in the press? Mary Poppins is killin'babies over on the Upper East Side.
Strikes fear into the hearts of every mother in town.
Tracey, if the baby was just shaken- nanny's frustrated, doesn't mean to really hurt her - that's manslaughter, but when she then smashes the baby's head because the shaking didn't stop the crying, that's intent.
There you go.
And with intent, you've got murder two.
And I've got a meeting, so if you ladies will excuse me- [Door Opens, Closes.]
I thought we agreed on a united front.
I'm sorry.
But I was there.
I saw this baby die in her mother's arms.
[Sighs.]
This is a murder case.
Well, it's murder if you can prove it.
We can.
Case number 436804, The People v.
Katherine Nevins.
The charge is murder in the second degree.
How do you plead? Not guilty.
- Bail? - Your Honor, we ask that Katie Nevins be remanded pending trial.
Go ahead.
The defendant has no job, no place to live- in short, no connection to the community.
We have every reason to believe that she's a flight risk.
Mr.
Betts? Your Honor, my client isn't goin' anywhere.
Now, she is eager to have her day in court so she can refute these outrageous claims and restore her good name.
Counselor, right now, let's focus on where she'll be sleeping.
Well, my wife and I have offered her our guest room.
And Katie's mother has taken leave from her job as a teacher's aide to come and be with her daughter full time- something that she did, by the way, during the first seven years of Katie's life.
Emily Downey will not have the opportunity to raise her child, Your Honor.
Okay, enough.
Miss Gaffney, if Mr.
Betts is providing a place to live and a support system, bail will be set at one million dollars, cash.
[Quietly.]
A million dollars? Uh, the insurance will pay.
We'll post this afternoon, Your Honor.
Hey.
Hey.
Heard the bad news.
Yep, she made bail.
No, the bad news.
We gotJudge Patel.
Okay.
Make my day worse.
Patel is an ex-legal aid attorney.
He's not D.
A.
- friendly.
I've seen a case go south with him on his rulings that had a smoking gun, a confession and an eyewitness that was a nun.
Great.
And with Katie out on bail, there's no chance of a plea.
Can we do anything? Pray the clerk made a mistake and we didn't get Patel.
Resorting to prayer, huh? [Chuckles.]
You religious? No.
Are you? I'm Irish.
It's mandatory.
So in your statement at the precinct, you said you took Marissa to the park that morning, and that she might have fallen and banged her head.
She was chasing after these older kids, and I turned my back for one second, and she was on the ground.
Well, my point is, you didn't mention this the first time you talked to the police at the apartment.
I guess l- I didn't think it was that i-important.
Wha - Paramedics are asking you what happened, you don't think a head bump is important? Well, I said she might have.
Well, I would think even the possibility of a head bump is worth mentioning.
I wasn't really thinking straight.
You know, it's, um, kind of convenient that you suddenly remember this fall once you're in custody! - No, that's not what- - What? They're questioning me for hours.
- And I'm rem- I'm just remembering stuff- - Remembering what? What were you remembering? What? [Voice Breaking.]
God, I never should've taken this stupid job.
[Sighs.]
Are you scared? - Yeah.
- Yeah, well, good.
You should be, 'cause right now, the D.
A.
' s are high-fivin' themselves over the inconsistencies in your statements, and they're figurin' out all the ways they can to brand you as a liar.
And that fall in the playground is way number one.
But that's not- I know it's not.
You ready to go to work- let that fear motivate you? Yeah.
Katie Nevins'driver's license- lists her address as Hastings-on-Hudson.
I'm sure Waverly Nannies has clients in Westchester.
Maybe she worked there first.
On her application for Emily Downey, Katie says she just moved from Pennsylvania.
Doesn't say anything about Westchester.
Anytime someone has a reference and doesn't use it, there's a reason.
I'll run it.
Mind if I tag along? Don't they keep you busy enough at the 3-1? I was there at the hospital, remember? I saw what you saw.
Sure.
[Sighs.]
We saw Katie on the TV.
L- It's terrible.
I was gonna call you guys, but my husband doesn't want to get involved.
So she did work for you? Live-in nanny, but only for a few weeks.
Mind telling us what happened? Well, my sister was gonna move in with us.
- We wouldn't need a nanny.
- Did she? - Um- - So she didn't move in.
Now after paying that hefty agency fee, why'd you get rid of Katie? I don't like talking about this.
- I would feel more comfortable if- - Being uninvolved.
I know.
Our firm's attorney said that my experience with Katie is probably not even relevant.
Why don't we go to his office, have a little talk with Clarence Darrow? Please don't drag him into this.
Call him on the phone.
Conference in your husband.
We can all talk about how you're avoiding helping a mother who just lost a child.
She spanked my four-year-old.
Hard.
He had welts.
He found a piece of fabric in her room and made a cape out of it.
He's four.
He thinks he's a superhero.
I guess it was expensive fabric for a purse she was designing, and he kinda trashed it.
But welts? I've been looking at the case law on shaken baby, and typically these cases are not murder two.
Uh, this isn'tjust shaken baby.
The child's skull was shattered.
All the same, you don't think you're overreaching here? [Kibre.]
No, Your Honor.
We honestly don't.
By "we," you mean yourself and Mr.
Branch? Uh, the D.
A.
' s office in general.
Well, the office that Mr.
Branch heads at the discretion of the voters.
Too bad that district attorney is not a lifetime appointment.
He would be free of political necessity.
He could make decisions based on the law.
- Which is how this decision was made.
- Well, I hope so, 'cause it would be a tragedy to destroy a young girl's life for the sake of public opinion.
We feel the tragedy here is the depraved indifference to Marissa Downey's life displayed by the defendant.
Okay then.
If you feel you can meet the burden of proof for murder two, go ahead and try.
Next case.
The autopsy confirmed that the decedent died as a result of a subdural hema- Liz, remember, always refer to her as " Baby Marissa.
' ' We need to humanize her as much as possible.
That's a good point, 'cause I was gonna call her " case number 4235-11.
' ' [Chuckles.]
Okay, gimme a break.
I'm dealing with Judge Patel, who has already made it clear he doesn't think we can make second degree.
All right.
Well, I'm here to make your life easier.
Look what else showed up in the autopsy.
There.
That's a buckle fracture of the right wrist.
What, a result of the shaking? Yeah, that's what I thought too, but see, the bone's begun to knit.
This injury must have occurred a good six weeks before Baby Marissa's death.
And no one noticed? Well, that happens with infants.
The child can't explain where it hurts and compensates by using the other arm.
And we already know that Katie struck the Rawlings kid out of anger, so if she did this to Marissa- I'd say you have a pattern of behavior.
Emily met Marissa when she was in China working with a group of surgeons who volunteer in underdeveloped countries.
You know, if we use this picture from the orphanage, we highlight her work with Operation Smile and- That reinforces her as being abandoned.
Jury's not gonna care if her birth mother didn't.
- How about this one? - No, that one looks expensive.
No portraits, unless they're from Sears.
Oh, this one's good.
- Really? - Yeah.
Every juror's got a picture of their kid or niece or granddaughter with spaghetti sauce all over their face.
You know, I thought seeing her in the hospital was bad, but this is- Exactly.
That's what I want thejury to feel.
- Dr.
Downey's here.
- [Quietly.]
Okay.
So the judge will sit here, prosecution will be over there, and you'll sit here with me.
Where will Emily sit? Well, she's a witness.
She'll only be allowed in when she testifies.
She'll sit over there.
What if she freaks out at me? No, she won't freak out.
[Chuckles.]
You don't know her.
She may seem all sweet and nice, but you should see her when she gets pissed off.
Whoa.
Whoa.
Wait a minute.
She gets upset? I need to know this.
Sit down.
Tell me all about it.
Katie started in right away about this woman, a buyer for Anthropologie who had agreed to take a look at her designs.
She asked me if I could come home for an hour that afternoon or let her drop Marissa at my office.
Apparently she'd already set up the meeting.
And what did you tell her? I told her I had surgery.
Maybe if she'd given me more notice- And how did she react? She started crying- begging me, asking if maybe a nurse could watch Marissa.
I told her, " No.
They have their job to do.
' ' So how did you leave it with Katie? I had to go to work, so I left.
I left Marissa there with her.
[Voice Breaks.]
I'm sorry.
This is just - [Sobs Quietly.]
It's okay, Emily.
Showing emotion on the stand is not a bad thing.
I went back to work three weeks after I brought Marissa home from China.
I told myself it was the best thing.
Wouldn't it be easier for her to get used to the routine and the nanny right from the get-go? - But was I really thinking about her? - Okay, stop.
You can't let the defense get even a whiff of self-doubt.
You're not guilty, Emily.
Katie is.
[No Audible Dialogue.]
So based on the defense witness list, how's Betts gonna play this? Well, for sure, accidental death.
Yeah.
Katie's stuck with her statement about Baby Marissa possibly hitting her head on the playground.
And their experts-for-hire will testify that Marissa's injuries are consistent with a fall and Katie's attempts to revive her.
And we counter with - Doctors who went to med schools you've actually heard of.
[Chuckles.]
Who argue the injuries couldn't be accidental.
We further destroy their claim of accidental death by establishing a pattern of violent behavior.
All right.
Whenever Katie feels powerless, she takes it out on someone less powerful.
Mm-hmm.
Four-year-old Kevin Rawlings destroyed expensive fabric.
Baby Marissa got in the way of a really important interview.
Someone get Ravell and Salazar to see if she had any career setback six weeks ago that would coincide with a wrist fracture.
[Woman.]
Already done.
They interviewed Katie's friend.
Eve Walsh says Katie missed a sign-up deadline and was shut out of a class at the Fashion Institute.
Great.
Now if we can just get the evidence pastJudge Patel- That just got a lot more difficult.
Motion to quash our subpoena of Kevin Rawlings, filed by his parents.
Aside from the obvious competency issues, where is the relevance, Miss Gaffney? - Once Your Honor hears the witness testimony, it will be- - That's not what I asked.
I asked you to tell me- - As we stated in our brief- - I read your brief.
If that's all you've got, I'm going to allow the motion to quash.
Mr.
And Mrs.
Rawlings, your child does not have to appear in this matter.
Moving on.
I've taken the liberty of reviewing the pre and postmortem photos of the decedent.
I find them to be unduly prejudicial.
- Your Honor, Stevens clearly states that relevant photographs- - Stick it in your appeal file, Miss Gaffney.
Next, the admissibility of the wrist fracture, a previous injury.
[Quietly.]
You do it.
He's out to kill me.
- [Clears Throat Quietly.]
- Miss Kibre? Your Honor, Neer states, in cases of child abuse when the crime occurred in the home, prior injuries are relevant in establishing that the death was not accidental.
- Mr.
Betts, I assume you want to be heard on this? - Uh, yes, Your Honor.
Uh, admission of further injuries would lead to juror confusion and be prejudicial to my client.
You want to give me some cases, Mr.
Betts? Well, obviously the Neer case.
[Judge Patel.]
The case that Miss Kibrejust cited? [Betts.]
Yes.
[Judge Patel.]
You're gonna have to do better than that.
Based on that argument, I have no choice but to allow the prosecution's motion.
[Gavel Raps.]
[Sighs.]
Reassign me.
I'm hurting the case.
Stop making this personal.
Patel's making it personal.
Because of me, we lost the motion to quash, the admissibility of the photos- You missed the biggest thing that happened in there.
Why did Betts fold on the wrist fracture? Why didn't he fight us? He wants it in.
Because it works for him.
Stop worrying about Patel and worry about that.
If I err on the side of caution - Caution? You're misinterpreting the law.
Stevens is about inflammatory images.
Exclude the autopsy photos, fine.
But to exclude something- What- a picture of an adorable baby in the arms of her loving mother? You're supplying the adjectives, Sam, not me.
Yes, b-but- but that's the subtext.
See, all babies are adorable, just as all mothers are loving.
If that doesn't inflame the jury into a thirst for vengeance, even if the facts don't sustain the argument- You're withholding facts- what the baby looked like healthy, her- her size, her weight.
I'll give them measurements.
- Where is this coming from? - Certain people are so hell-bent on trying to turn- What- "certain people"- What- do you mean women? Hey, it might even be a good thing, you know, a Darwinian advantage- uh, mothers protecting their young- but with women, there is an inability to be rational when a baby is involved.
[Chuckling.]
Yeah.
Do you know how sexist this sounds? Well, slapping a label on it doesn't make it any less true.
Ah, so you're going to personally defend this girl against vindictive women like me, hopped up on estrogen? I am going to make sure that she gets a fair trial based on the facts.
I very much doubt that.
Well, thank you, Amanda.
You've actually proven my point.
Only one person had the motive and the opportunity to commit this terrible crime: Katie Nevins.
We will prove that Katie was frustrated- panicked that her big opportunity was passing her by.
The prosecution's job is to convince you and to prove to you that Katie Nevins killed that little girl.
All I have to do is raise a reasonable doubt in your minds, and I can do that.
But I'm gonna go you one better.
After all, a little girl died here.
I'm gonna prove to you this terrible tragedy was an accident, and I'm gonna prove- prove to you- that my client did not cause it.
Thank you.
He can't prove anything.
It's all smoke and mirrors.
Well, he's not stupid.
He wouldn't have raised expectations if he didn't think he could deliver something.
What? There are no witnesses.
Katie said in her statement that she was alone with Marissa from 6:00 a.
m.
When Emily left until the paramedics arrived.
Well, what if she wasn't alone? What if at the last minute she got someone to babysit for her and something went wrong? The cops already checked the security tapes from the Downey building that day.
Yeah.
Well, now our people are gonna check them.
We're gonna need coverage of the lobby and the corridor outside the Downey apartment from 5:00 a.
m.
To 5:00 p.
m.
The day Marissa was murdered.
We maintain coverage, uh, goin' back eight months.
There's cameras in every public space.
- A shame you don't have any footage from inside the apartment.
- [Typing.]
I guess for the Paris Hilton stuff the tenants are on their own.
That morning, I went into her room, and she was in her crib, smiling.
She had this little stuffed panda that she liked to sleep with, and she was kissing it and then holding it out for me to kiss.
It was a sign to me of how well she was doing.
What do you mean by that? She was showing affection- feeling attached to her things, to me.
After a year of institutional care in China, she was really blossoming.
How was her health? Her pediatrician and I did a thorough work-up.
Marissa was in excellent health.
So during this exhaustive workup, did your pediatrician detect Marissa's wrist fracture? - No.
- And you're a physician, are you not? - Objection.
- Sustained.
You say you bonded with Marissa rather quickly.
I loved her from the moment I saw her.
- And when you say "love," what do you mean by that? - Objection.
Relevance? Dr.
Downey's never been married.
She doesn't have any other children.
Now, I know she is a respected and admired professional.
I'm just trying to understand if she can separate love from being loved.
Move on.
I call your attention to the People's exhibit 13.
Do you recognize that? Yes.
Those are the notes I took when Katie called me.
The call informing you that your daughter was gravely ill and being rushed to the hospital.
- [Downey.]
Yes.
- So your daughter's dying, you have the presence of mind to make notes? - Objection.
- Withdrawn.
Read the last sentence, please.
"Child non-responsive to repeated auditory commands.
' ' And by the "child," you're referring to Marissa, your daughter? - It's a habit.
- Referring to Marissa generically as the "child"? No.
It's medical shorthand.
Uh-huh.
[Betts Sighs.]
Now, exhibit 24.
[Paper Rustling.]
Would you tell thejury what this is? It's an organ donation form.
Yeah.
And that is your signature there? Yes.
And this time here, I believe, refers to the time you signed it - the time you agreed to donate your daughter's organs? Can you read that time? "1:37 a.
m.
, November 3.
' ' Marissa didn't actually die until 8: 13 that morning, did she? No.
So for a good seven hours before that, you're giving away her eyes and her kidneys and her lungs.
She was effectively- - Her E.
E.
G.
- Your daughter isn't even dead yet, and you're giving away her heart? - Objection! - It's standard protocol when- [Betts.]
Withdrawn.
I'm done.
[Sniffles.]
At least two mechanisms were involved in Baby Marissa's death: The first, a violent shaking or swinging of the head, the second, a severe blow to the head against a blunt surface.
Now it is possible that one of these mechanisms could have occurred accidentally, but two together in a short space of time- the chances of that are practically nil.
Thank you.
- Doctor, are you familiar with a condition called "talk, deteriorate, and die"? - Yes.
And in these cases, isn't it true that even though these patients suffer severe head trauma, they continue to behave normally? It's a very rare condition.
But it happens? - Uh, well, yes- - So isn't it possible that Marissa Downey sustained her skull fracture at an earlier date and still continued to walk around as if nothing were wrong? Objection.
Calls for speculation.
Your Honor, the People put up this witness as an expert.
I'll allow it.
Please answer the question.
In this case, the likelihood of that- Is it possible, Doctor? Yes or no.
The possibility is so remote that I wouldn't even - Is it possible? Yes.
Thank you, Doctor.
Oh, one other thing.
You testified that Marissa fractured her wrist six weeks before her death.
That would be, uh, September 22.
- I would have to look at a calendar.
- Oh, well, I have one.
It's, uh- It's one of those ones you get at the dry cleaners.
[Chuckles.]
Yes.
September 22, give or take a few days.
Sure.
Thank you, Doctor.
Nothing further.
[Typing.]
My shift is over.
Nick here can help you out.
You mind? We're on a tight schedule.
[Nick.]
Yeah.
This again? How many times do I gotta stare at the footage of this friggin' corridor? I mean, first the cops, then that P.
I.
, and what - now you guys? Whoa, whoa.
A private investigator asked you to play this footage? Yeah.
This hallway, but a different day.
It was like six weeks earlier.
Look.
I burned the guy a DVD.
- [Judge Patel.]
Arguments? - Where do I begin? Apart from the fact that the footage is inflammatory and prejudicial against the mother of the victim, there's also the issue of unfair surprise.
Mr.
Betts obtained this footage a week ago and has been sitting on it.
Mr.
Betts, is this true? No.
I only recently got my hands on a copy and didn't get a chance to watch it until yesterday, Your Honor.
Miss Kibre? Well, unless you have evidence to refute Mr.
Betts's story, I'm gonna have to take him at his word.
With that in mind, I'll allow it.
Then what about the fact that not only is it irrelevant, but also too remote in time? Need I remind you, counselor, that it was the People who insisted on having the prior wrist fracture admitted as evidence? You made your bed on this one.
I'm calling back the jury.
[Betts.]
Now, this is surveillance video recorded in the hallway outside Dr.
Downey's apartment.
Now pay particular attention to the force this woman uses to grab her child's wrist and yank her from the elevator- a desperate mother supercharged by adrenaline, unconscious ofher own strength.
- And what is the date on this footage? - [Nick.]
September 22.
September 22? That's the same day that the medical examiner said Marissa had fractured her wrist.
I guess I kinda knew something was wrong.
For those last few weeks, Marissa had been really irritable.
She was crying a lot, unable to get comfortable.
Did you say anything to Emily? Well, l- I figured she's a doctor.
If the baby was sick, she'd do something.
And the one time I did say something, she kind of blew it off.
What did you say? She had just come home.
It was about 8:00 at night.
Emily always had calls to return, and she liked it to be quiet.
And Marissa was just being really fussy, and I said she'd been like that all day and maybe she was sick.
And how did she respond to that? She handed me a cookie and told me to give it to Marissa.
Did you? All that sugar that late? Marissa would never have gone to bed.
I guess since Emily was never really there at bedtime, she didn't realize the- - Objection.
- Miss Nevins, please answer the question.
No, I didn't give her the cookie.
I ate it myself.
[Betts.]
One last question.
[Sighs.]
Just to be clear, did you shake Marissa Downey and then slam her head into a blunt, hard surface, causing those horrible injuries? No, sir.
I loved Marissa.
I never would have done anything to hurt her.
Thank you, Katie.
Nothing further.
What kind of cookie? Oh, um, I think it was- Is this relevant? I'll withdraw the question.
I've already gotten my answer.
Please ignore Miss Kibre's last remark.
Can you show me exactly where Baby Marissa was in relation to you when you told the 911 operator, "She's right here, right next to me"? Okay.
And then the operator told you to tilt her head back and check the airway? I just kind of opened her mouth.
Oh, don't tell me, show me.
And where's the phone? It was on my shoulder.
Oh.
Could you show me? This is an exact match of Emily Downey's phone.
Okay.
A nd then the operator told you to take two fingers and make a sweep ofher mouth.
I can't.
The doll's mouth doesn't open.
Oh.
Well, just do the best you can.
Uh, I think l - I must've put the phone down for that.
It's all kind of a blur.
- That's okay.
Try it again.
- Objection.
Relevance.
The demonstration of the lifesaving techniques used by the defendant goes to her credibility.
Objection overruled.
We'll pick up here after a 10-minute break.
[Gavel Raps.]
[Clears Throat Quietly.]
We just broke 45 minutes ago.
The son of a bitch is doing this just to screw up your rhythm.
It's a perfect way to kill a case and leave no fingerprints for an appeal.
[Mouthing Words.]
Yeah? You ready? Getting there.
[Door Closes.]
You know that- thatJudge Patel, he is such a- [Scoffs.]
I bet ya he makes his wife call him " Your Honor.
' ' [Chuckles.]
Well, screw Patel.
I'm all about the jury now.
[Sighs.]
Maybe I let this case get to me.
Maybe we should have gone for manslaughter.
No.
Kelly, you were right to push for murder two.
Don't be afraid to be right.
Emily Downey had it all: Great job, good home, gorgeous child.
And when that child died from her own neglect, she had the perfect scapegoat: The nanny.
[Sighs.]
I want you to use your common sense, and don't believe the elaborate, sinister accusations cooked up by the D.
A.
Believe your own eyes.
Now the only person anyone has ever seen harm that child is her own mother.
Find Katie Nevins not guilty.
Thank you.
Mr.
Betts wants you to "believe your own eyes," and by that he means the video footage that he played for you.
Well, that video shows a mother protecting her own child.
Emily didn't hurt Baby Marissa- not to the extent that we all saw on the X-rays and the C.
T.
Scans.
So who did? Let's go back to the 911 tape.
Okay.
You remember how Katie showed us how she followed the operator's instructions? Yeah.
[Operator On Tape.]
911.
Your call is being recorded.
What's your emergency? [Katie On Tape.]
911? Is this 911? Please, you gotta help me.
Oh, my God.
She's not breathing.
[Operator.]
Help is on the way.
Where is the baby now? Marissa! She's right here.
She's right next to me.
- Lay her down and tilt her head back, and see if something is blocking the airway.
- Please, you've gotta help me! Please come quick.
Please, l-I don't know what to do.
I'm all alone here! [Operator.]
A - Ah, stay calm.
Gently sweep through the baby's mouth with two fingers.
[Katie.]
There's nothing.
She's just - Oh, my God.
She's not breathing at all.
Stop.
[Switch Clicks.]
There's no way the defendant had enough time to follow the operator's instructions.
I could barely get the baby's head back.
She didn't check the airway.
Why? Because she knew there was nothing blocking it.
She knew exactly what was wrong with that baby.
She had just smashed her head in.
She needed to get to that interview, and the baby wouldn't stop crying, so she started shaking her to shut her up! [Doll Rattling.]
You heard the experts - this was no playground incident, this was no tug of the arm.
- This was violent shaking that wouldn't stop! - All right, Miss Kibre.
We get the idea.
- Don't worry, Your Honor.
I've only got 25 more seconds.
- [Rattling Continues.]
Miss Kibre, that's enough.
Almost done! Stop immediately, or I will hold you in contempt! Katie Nevins didn't give a damn about Marissa Downey.
Will you? In the matter of The State of New York versus Katherine Nevins, on the charge of murder in the second degree, we the jury find the defendant guilty.
- [Spectators Murmuring.]
- No.
- Why are they doing this to me? - [Judge Patel.]
Order! Order! [Rapping Gavel.]
Madam foreperson, take your seat.
Will the clerk please poll thejury? Juror number one? [Woman.]
Guilty.
Juror number one, guilty.
- Juror number two? - Guilty.
[Clerk.]
Juror number two, guilty.
Juror number three? [Woman.]
Guilty.
Juror number three, guilty.
Juror number four? [Man.]
Guilty.
Juror number four, guilty.
Juror number five? [Bailiff.]
Criminal term part 48 is now in session.
The honorable Samir Patel presiding.
You may be seated.
My duty as a judge is to ensure that the defendant receive a fair and impartial trial based on the facts.
And any blatant appeals to thejury's emotions are kept out of the proceedings.
Much to my dismay, my attempts to fulfill that duty have been unsuccessful.
Therefore, in the interest of justice, I have no choice but to vacate the jury verdict of second degree murder.
And, as a matter oflaw, I find no evidence proved intent, complicity or knowledge beyond a reasonable doubt.
In addition, I am taking the unusual step of dismissing the indictment.
[Spectators Murmuring.]
File whatever you like, Miss Kibre.
[Gavel Raps.]
Court adjourned.
[Murmuring Continues.]
What does this mean? This means you can go home.
We'll file an appeal.
Which we'll lose.
Patel was careful.
He made sure his ruling stuck to the letter of the law.
- What's the point then? - Well, you never know.
Um, we could turn up some new evidence.
I'll be gone for a while, so- Where you going? The Sudan first, and then wherever they need me.
I wish we'd won the case.
You did.
[Phone Ringing In Distance.]
[Sighs.]
Can't we do something - you know, like, just call somebody and try to get Patel transferred to traffic court on Staten Island where he's not playing with people's lives? Kelly, move on.
She has.
[Sighs.]
[Howling.]