Law and Order: UK (2009) s04e04 Episode Script
Duty of Care
In the criminal justice system The people are represented by two separate yet equally important groups: The police, who investigate crime, and the Crown prosecutors who prosecute the offenders.
These are their stories.
Man: Look, just ten minutes.
I need to see you.
I'm going out of me mind here.
I know, and I'm gonna tell her.
I swear.
Your phone! What are you doing?! I need your phone! My son-( coughing ) He- ( coughing ) Yeah, a fire! There's a bloody building burning down! Is there anyone else inside? My-my son's inside.
( coughing, gasping ) yeah, her boy.
Above the news agents'.
I don't know how long it's been going.
Yeah.
Okay.
It's all right.
They're on their way.
But it could have been a hell of a lot worse.
Ronnie: Well, I'll you what, It looked bad enough to me.
Yeah.
The lad from the flat didn't make it.
C.
O.
Asphyxiation.
That's the lad there.
Looks like he never woke up.
We're talking suspicious origins? Yeah, the guys reckon some sort of accelerant was used, But I can't tell you anymore until we get in there.
Anyone else in the flat, mike? Just the mother.
There's a daughter, but she was at a sleep-over.
What about the mum? How's she doing? Well, about how you'd expect.
Man: Let me through! Sorry, sir, you won't be able to park there.
I'm not moving my car.
I am not going to wait.
Sir, it's a crime scene.
I've got a right- what's the problem? That's my shop.
Okay, just move your car.
But don't go anywhere.
We need to talk to you as well.
Oh, man, I don't believe this.
Sir, your car is obstructing the ambulance.
I lost everything! There's a woman behind you in that ambulance who's just lost her son.
So how about you shut up and move your car? Seriously? Seriously.
Paint thinner.
They found the remains of the container Just on the entrance to the flats there.
Looks like that's your point of origin.
They'll run tests to confirm, but if it quacks like a duck Well, whoever did it wasn't worried about covering their tracks.
No.
That's the great thing about arson: Equal opportunity crime- any moron can light a fire.
Woman: Poor ian.
Terrible what happened in that fire.
I'm afraid I can't offer you any tea Only I'm having one of my bad days.
We're fine, really.
You sure? OhBeautiful, sweetheart.
You and your mum can stay here as long as you need to.
Ronnie: She's pretty, isn't she, katie? Um Megan, I understand ian had learning difficulties.
Right.
And would you mind telling us what was the matter with him? He had developmental problems.
He had trouble with his breathing.
And- And he was He was slow with- with stuff, and He didn't like noise.
I tried to get him out of there, I did, I tried.
The handle was too hot.
I shouldn't have left him in there.
Natalie: How old was the boy that died? Just turned 13.
No chance of prints off the bottle of paint stripper? No, it was too badly burned.
The dna is a no-go as well.
And I'm guessing it's available at all good retailers.
You wouldn't want to make it too easy.
Any sign of forced entry? Doesn't look like it.
The mum made her escape From a fire exit on the first floor, But according to her statement it was still locked When she got there.
So she wakes up, She smells smoke Tries to save her son, And then she goes for help.
Do we know who owns the building? Well, the flats are owned by a management company.
If it's an insurance scam, it's a pretty bad one, They should have at least tried to fake some sort of forced entry.
And as far as I can see they've got nothing to gain by it.
The shop downstairs is another story, though.
Owned by one sanjit chatterjee, currently under investigation for unpaid v.
A.
T.
And selling alcohol without a licence.
He's already got one failed business under his belt.
Pled bankrupt in 2006 at the tender age of 25.
So not exactly young entrepreneur of the year.
And he's got a stupid beard.
That's enough for me.
So I see here you had a flood six months ago.
Yeah, a burst pipe.
Careful, man.
Sorry, boss.
You claimed ten grand's worth of damages.
Yeah, a lot of stock got damaged.
And then the year before that There's an electrical fire.
Another five grand claimed on the insurance.
So, fire, flood- all you need now is an act of god.
So what? You think I did this? Well, we know you got cash flow problems, Especially as far as the v.
A.
T.
Man is concerned, And it wouldn't be the first time you cut your losses.
Oh, here we go.
Look, I was young.
Decided to try my hand at the music business.
It didn't work out.
As for the v.
A.
T.
, my accountant stuffed up.
That was all.
I'm getting it sorted.
But a nice big insurance claim should help a lot.
Yeah, it would.
Trouble is, I couldn't afford the premiums.
You claim once, it's bad enough, But claim twice, forget about it.
You're saying you're not insured? I had to take a payment break.
Talk about timing.
( cellphone rings ) Devlin.
Ang, what you got? Seriously, man, My grandparents put their savings into this place.
My whole family help out.
There is no way I'd torch it.
Yeah, sure, we'll head over there.
Megan parnell, the woman from the flat.
Apparently she made several complaints To her safer neighborhood team.
Some of the local lads were giving her a hard time On account of her son having special needs.
Right.
How bad did it get? Bad enough to get one of them an a.
S.
B.
O.
Yeah, what?! ( baby crying ) Simone lewis, D.
S.
Brooks, d.
S.
Devlin.
We need to talk to you About your sons.
Which ones? Aaron and lee.
Oh, not this again.
Leave 'em alone, can't you? Just kids.
We're investigating a fire At the home of megan parnell.
Oh, yeah? Yeah.
And we understand that your boys have been giving megan and her kids A bit of a hard time.
Yeah.
So what? So perhaps you wouldn't mind telling us where they were at one o'clock this morning.
Just answer the question, please, Aaron.
Sorry, did you say something? Ronnie: You know what I reckon, lee? I just think you're playing with us here, I really do.
I mean, how old are you? Nine? Ten? ElevenWanker.
"wanker"? That's a bit harsh.
Where were you at one o'clock this morning? No, sorry.
I don't speak gay.
I'm quite a nice bloke when you get to know me.
Or so I'm told.
It's not just your hair that looks gay.
You even got a gay face.
Ronnie: I mean, how old's aaron? He's thirteen.
I think he reckons he's too cool to be hanging around With his little brother anymore.
No, he don't.
Did you always know you was a bender? Is that why you became a copper? Doesn't he think that you're cramping his style, He's acting the big I-am out and about with all his mates, Trying to impress them? Meanwhile, you're stuck at home Because he wants to be out with kids his own age.
He thinks you're a baby.
He couldn't even get in without me.
The window's too small.
Right, I see it now.
So he's the brains and you're the brawn.
How small is this window, then? Natalie: They were at school in the middle of the night? Won't set foot in the place in daylight, But apparently spend their nights trashing school property.
We believe them? Camera footage has them near the school gates at 12:10, And then again at 3:30 this morning.
What are they doing in there for three hours? According to the head teacher, defecating in the home ec lab.
Amongst other things.
Three hours? I suppose we can charge them with criminal damage, And then we've got to let them go.
Why bother? They'll only be back here next week.
I don't know, might be a little bit longer.
I think I put the frighteners on the little one.
Impart some fatherly wisdom, did you, ron? That wouldn't be the first young tear-away I've had to sort out, would it? Eh, matty? Okay, so one of the neighbors thinks She saw a white middle-aged man, Medium height, medium build, Knock on the door late afternoon Then walk away.
Other than that, we've got nothing.
According to social services, Csa have been after megan's ex for the past year For non-payment of maintenance.
And apparently parnell's got a bit of a temper.
There's a note on here and it says, "he is extremely abusive and uncooperative.
" Hardly a first.
Yeah, but what are the odds He's white, middle-aged, medium height and medium build? Ian's what, thirteen? Yeah.
So that gives craig another five years of payments.
For a son he wanted nothing to do with.
Or so we're told.
So he kills his son to save money.
I've known people killed for less.
When did you last see your son? I don't know, a month ago, maybe two.
Really.
Yeah.
Me and his mum, we don't get on.
Understand there's been a few problems Regarding maintenance payments.
( laughs ) megan been bending your ear, has she? Must be an expensive business, supporting a family And trying to start a new life for yourself.
Look, ian belonged in a home.
Megan wouldn't have it.
Wanted to keep him with her.
He was her son.
I was the one forking over.
He would have been better off somewhere where they could look after him properly.
Seems a bit extreme, doesn't it? Residential care for a kid with learning difficulties? Learning difficulties? He was full-on retarded.
He's thirteen years old and still wearing nappies.
So is that why you and megan split up? I guess I wasn't cut out for being a dad.
Not for a kid like that.
So sue me.
So you weren't outside megan's flat Monday afternoon? Nope.
Why, someone said I was? Would it change your story if they had? Okay, fine.
Yeah, I went round there.
I'm just fed up with the hassle I'm getting from the CSA.
I wanted to talk to megan face-to-face.
And what happened? Nothing.
She wasn't there.
Why lie about it? I don't need more hassle.
Or maybe you went round there later Say, one a.
M.
Just forget it.
I was with me girlfriend.
We went out for dinner, Afterwards went back to her place.
Ronnie: Parnell's girlfriend has confirmed his alibi.
She also said that his son ian had a thing about playing with matches, And if anyone was gonna be starting a fire, It would probably have been him.
Well, neither mum nor dad mentioned this obsession with fire.
No.
Funny, that.
So what, this girlfriend's going the extra mile To stand by her man? I reckon, Which probably makes her man even more of a likely suspect.
Still, wouldn't hurt to rule the boy out altogether.
Is there any way he could have got hold of paint thinner? We can check, but whether he knew what is was is another matter.
No, not possible.
I keep everything locked up in a cupboard.
Well, where did you keep the keys? On the ledge by the door.
That's not the most original place to hide it, is it? Who's gonna be looking? Did ian know you kept it up there? Maybe.
I come here, what, two, three times a month? I do all the maintenance for the building.
Ian, he didn't like noise.
But if it was a quiet job, You know, like changing light bulbs or something, Sometimes he'd sit and watch.
Gave his mum a break, you know? And where'd you normally keep the paint thinner? In there with the paint.
Well, I can't see any.
Well, it was there.
Ian had a rare condition known as childhood disintegrative disorder.
It's sometimes known as heller's syndrome.
Sometimes the condition plateaus, But sadly, with ian, he continued to deteriorate.
And when you say deteriorate, to what extent are we talking about? He required constant monitoring For his respiratory and digestive functions.
He also became increasingly aggressive and violent, And there was a marked deterioration in his motor skills.
Would he have been able to unlock a door? What about climbing up onto something, Getting a key off a ledge? No, not ian.
By the time he left here, He couldn't get a spoon to his mouth.
Right.
Well, thanks very much for your time.
You know, ian used to be a sweet, happy boy.
His mother wanted so badly to believe he would get better.
And then she finally understood he was only going to get worse.
I watched it sink in.
And to be honest I thought it would kill her.
She wouldn't be the first.
I know.
She was at the scene, she had access to the accelerant.
I know.
Why do people ever decide to have kids? I mean, you got no idea what you're letting yourself in for.
Well, you just gotta love 'em and hope for the best.
What if there is no hope? Matt: Okay, this is megan's bedroom.
And what am I looking at? According to her statement, megan said she woke up, Smelt smoke, and then ran out of the room.
Does that bed look slept in to you? Plus the bedroom door was shut.
That's why there was so little fire damage in there.
Then there's this.
She told us that she tried to get ian out But she couldn't because the door handle was too hot to touch.
Except that ian's door was already open.
She wouldn't have had to touch the handle.
Look, it was dark, she was surrounded by flames and smoke.
She was disorientated.
Guv, it's- I'm serious.
Before I start accusing a mother of killing her child- Guv, I'm sorry.
That's the lab.
They've finished testing items from the scene.
Megan parnell's sweatshirt Has got paint thinner on it.
Bring her in.
Megan: I don't understand.
Ronnie: Well, megan, you told us that you woke up And then you went to save ian.
That's right.
I tried to get him out.
Well, we think that You never went to bed in the first place.
What? Matt: Your bed was still made.
And the door to your bedroom was shut tight.
That's what slowed the fire down.
I don't know what you're talking about.
Well, you see, megan We think you waited Till ian fell asleep Then you went down and got the paint thinner You poured it on the stairs, you lit it, And then you made your escape through the fire exit.
No.
That's not what happened.
Well, you see, megan, We know that things got really desperate for you.
Maybe Maybe you didn't mean for ian to die.
Maybe you were just trying to let someone know that you really needed help.
No.
It-it wasn't like that, I swear.
You see, all this evidence It leads to one conclusion, megan- That you started that fire And you left your son to die.
Man: My lady, My client has already had to endure Of one child.
I would ask that she not be separated from her remaining child Pending the resolution of this matter.
Ms phillips? We believe the defendant to be responsible For the untimely death of her child.
Given the nature of the crime, we maintain that bail should be refused.
My lady, this will only compound a grieving mother's suffering.
And based on what? The defendant is charged with murder.
The crown would not have undertaken this prosecution without sufficient evidence.
I believe that is yet to be demonstrated.
That is why we have trials, mr peck.
Hey.
Hope you didn't take that personally.
Sorry? Thought I should bring out the big guns, Seeing as the poor woman's innocent.
You sure about that? Absolutely.
As long as she doesn't tell me any different.
It's alesha, right? Dominic.
I'm glad to have an excuse to get to know you at last.
Your average female barrister Looks like a pig in a wig.
Excuse me? Come on, you know it's true.
I think we're gonna have a lot of fun, you and I.
I mean, I'm not saying it won't be a challenge Selling the lovely mrs parnell to a jury, But hey, it's all in the presentation.
As far as I can remember, being fat and stupid isn't a crime.
More's the pity.
Now, mrs parnell! Where were we? George: I thought the evidence Was conclusive.
Yeah, it is.
So why plead not guilty? Does her lawyer know something that we don't? I doubt it.
The guy's an idiot.
He's just hoping that the jury will find her too sympathetic to convict.
And is she? Hardly.
This wasn't some kind of compassionate mercy killing.
She set fire to a building with her disabled son trapped inside, And she didn't care how many other lives she put in danger.
Still, it's a highly emotive situation.
She'd been caring for a severely disabled child for years With little or no support.
They're bound to try and use the boy's condition To cultivate sympathy for the defendant.
Which is fair enough.
I'm not saying she wasn't struggling, But that's hardly justification for murder.
It could down the route of diminished responsibility.
You said that she was on antidepressants for the last couple of years.
No, they don't have grounds for diminished responsibility.
She had a full psych assessment when she was in custody, And nothing was flagged up.
It would be good to establish state of mind before the offence.
You said that megan visited the emergency department with ian Two days prior to the fire.
Mm-hmm.
Okay, so we talk to the doctor that saw them, Get a professional opinion.
Very good.
Good.
Go forth and prosecute.
Woman: No, there was no abuse involved.
The skull fracture came from autistic-type head-banging.
The broken wrist was sustained during an epileptic seizure, And the broken ribs came from a fall.
We also treated his mother on several occasions.
What for? The last time was when she tried to hold him down To protect him during a seizure, He threw her off and she chipped a bone in her elbow.
Was it deliberate? No.
No, he wouldn't have known what he was doing.
But the situation was obviously becoming impossible.
The last time we spoke, I Suggested she rethink the idea of residential care.
And what did she say? She said if it came to that, he'd be better off dead.
Peck: It is also the contention of the defence That the evidence given by dr schreiber should be excluded Under section 78 of p.
A.
C.
E.
Eleven.
Not to mention the fact that it falls squarely under the heading Of patient-doctor privilege.
My lady, it was, in fact, mrs parnell's son Who was the patient at the time she made the statement.
Then privilege is irrelevant, As as your other objections, mr peck.
In that case, I also wish to apply to exclude The sweatshirt worn by mrs parnell On the night of the fire under section 78 of p.
A.
C.
E.
Twelve.
How can the prosecution claim that it is the exact same paint thinner That was used to start the fire? Uh, I believe that's a question for our expert witness.
But there's also the manner in which the sweatshirt was obtained.
Mr peck, please stop.
The sweatshirt stays in.
I suggest you quit while you're- Well, I suggest you quit, anyway.
Trial is listed for ten a.
M.
Tomorrow.
I see no reason to delay any further.
Do you think he's read anything Other than section 78 of pace? I doubt he's even read that.
Peck: Dominic peck.
Okay.
No, I won't be able to do it within the hour.
Well, I'll try.
Excuse me.
Do you know what time we're meant to go back in? We'll be starting again at two.
Oh.
It's just they said I could see my little girl today.
Really? Who told you that? Now, now, mrs parnell.
No fraternising with the enemy.
Come on.
James: And have you ever Come across someone waking up with their home on fire Taking time to make the bed before leaving the building? Well, not in my experience.
Thank you.
No further questions.
Mr harris, In warm weather I'm sure most of us Tend to sleep on top of the covers.
Harris: The night of the fire it was below freezing.
But still, if someone were reading a book or a magazine, The might still fall asleep on top of the covers Regardless of the temperature, mightn't they? Well, they might.
Thank you.
But no books or magazines were found By the defendant's bed.
Woman: I told her she should consider Placing him in residential care.
And what was her response? She was worried that other people Wouldn't look after him properly.
I know there had been some difficulties When they had tried respite care.
But I told her it would be different If he was found a permanent place in suitable institution.
But she was still unconvinced? She became very upset.
She said if it came to putting him in a home, He'd be better off dead.
Thank you, doctor.
Peck: Dr.
Schreiber I'm sure you're aware that people exaggerate sometimes for effect.
Of course.
Did you think she wanted him dead? My lady- let's avoid speculation, mr peck.
My lady.
Did she say she wanted him dead? No.
In fact, did she not ask you about alternative treatments for her son? Yes, she did.
She told you that she'd try anything, Anything at all, If it meant getting her little boy back.
Yes, she did.
She desperately wanted to improve his quality of life.
Which is quite the opposite from wanting to end his life, wouldn't you say? Thank you, doctor.
I have nothing further.
George: Did you see the look in the jury's faces? He has them seeing it as an act of mercy.
There's a risk of a "not guilty" here, Even with an idiot like peck, Simply because they're feeling that poor woman's pain.
I think george could be right.
I know that, given the facts, the charge had to be murder, but it jus doesn't feel right.
I just don't understand why peck didn't go for manslaughter from the start Using the doctor's statement As evidence of severe emotional distress.
It's what any other defence lawyer would have done.
Well, sadly, we can't guarantee The quality of opposing counsel.
Maybe We can force this particular counsel to do the right thing.
And what do you have in mind? I'll talk to him.
Tell him we'll accept a plea to manslaughter And hope he's got sense enough to agree.
Interesting.
I think you'll agree it's in the best interests of your client.
Well, I think that's for me to decide.
No, it's for megan to decide.
You know, the woman you're representing? Manslaughter.
That'd mean a definite prison sentence, though, wouldn't it? Yeah, it usually does.
The thing is, all megan wants to do is stay with little caley.
It's katie.
Exactly.
And I promised her I'd do my damnedest to make that happen.
You shouldn't have promised her anything.
Hey, it's always good to give the ladies hope.
Peck: As predicted, My client wishes to proceed with the not guilty plea.
James: You have explained that a murder conviction Carries a mandatory life sentence? That's not really the issue here.
( grunts ) I disagree.
Mrs parnell, I must stress that if you are found guilty, You could be sentenced to 25 years in- Yes, thank you, mr steel.
And given the evidence against you, You should know that that is a very real possibility.
But I thought you said if I pleaded not guilty- That's enough.
I think we're done here.
Alesha: Megan, is there anything you want to say? I don't appreciate the scare tactics, mr steel.
It's okay.
He's just trying to confuse you.
Your client has the right to know what she's risking.
I assure you, my client is fully informed.
Well, at least she is now.
Makes you wonder what he's gonna do next.
I know, but I bet megan parnell is as in the dark as we are.
James! Peck's entered a new plea.
Diminished responsibility? Not guilty by reason of insanity.
Based on what?! He's found an expert Who will say megan parnell was legally insane when she set the fire.
So first she didn't do it, now she did it, But she didn't know what she was doing.
He's lost the plot.
He must realise what this could mean.
It if works, megan could end up institutionalised for the rest of her life.
She wouldn't just lose her daughter, she'd lose everything.
You know the jury will see this for the cynical ploy that it is, And all you'll have done is discredit your client.
Perhaps.
Or perhaps they'll be too busy crying into their hankies Over poor, misunderstood megan.
Shouldn't overestimate your average prole, james.
It's all about emotion, not the truth.
Alesha: They told us about Win-at-any-cost barristers at law school.
First time I've seen one in action, though.
Yeah, peck's a prime example- Raging ego, limited ability, and absolutely no ethics.
He really doesn't care what happens to megan.
It's like she's just a pawn in his game.
Maybe, maybe not.
She's still the one who chose to plead not guilty.
If peck's playing a game, she's going along with it.
Don't think of her as the innocent victim here.
Man: Megan? By pleading insanity, You understand that you're saying that when you started the fire You didn't know it was wrong.
Yeah.
I didn't know what I was doing.
You were upset about ian.
Yeah.
But I wasn't thinking properly.
I was upset and confused.
Can you tell me what it was like When your son first got ill? I mean, it must have been very difficult.
Yeah, it was really hard.
I understand ian changed quite quickly.
It was around the time of his fourth birthday.
His favorite song was old macdonald.
He was always singing it.
Then he forgot that pigs go "oink.
" He started saying there was a bad mouse in his head.
A few months later, he stopped talking and using the toilet.
He wouldn't even let me hold him.
He-he couldn't bear to be touched.
Psychiatrist: Short version , she's not insane- Not now, and not the night she started the fire.
The long version? She certainly has significant mental health problems- Depression, acute anxiety, chronic sleep deprivation.
Her son rarely let her sleep more than two hours at a time, And that's every night for thirteen years.
You could argue that was her choice.
She repeatedly refused to have him placed in a home.
Has anyone bothered to ask her why? Probably not the defence.
Megan's mother had recurring health problems.
Her father was an alcoholic.
Her only other relative was an aunt in a wheelchair.
So megan spent several long periods in children's homes.
Not happy times? The standard of care in the early eighties Was variable, to say the least.
Megan was an awkward, unattractive child with zero confidence.
We all know how cruel children can be.
But she wasn't insane.
No.
She wasn't.
So who's he found to say that she was? Peck: In your opinion, doctor, Was the defendant severely stressed at the time of the fire? Based on my interviews with megan, I believe that her stress level Had risen to the clinical designation a.
C.
S.
S.
And what is that? Acute caretaker stress syndrome.
A.
C.
S.
S.
Is characterised by irrational behavior, Radical emotional dissonance, and cognitive malfunction.
Would she have been able to tell the difference between right and wrong? In my opinion, no.
Thank you, doctor.
Which medical school did you attend, doctor arlberg? My doctorate is in psychoanalytic studies.
I didn't go to medical school.
So you're not a qualified psychiatrist? No, I'm not.
Then are you affiliated with any particular hospital or clinic? Not currently.
For the past few years I've been lecturing extensively, Mainly in the states, Where I also have a syndicated radio program.
In other words, you're not a psychologist, But you play one on the radio.
My lady! He's mocking the witness! ( clears throat ) my lady.
ThisDisorder You've been talking about, dr arlberg Oh, yes.
A.
C.
S.
S.
See, I am really confused.
I have been looking through a large number of reference books, And I can't find a single mention of it.
It's a relatively new diagnosis.
That explains it.
Invented by whom? It was first identified by myself.
Oh, I see.
And has it been recognised By the royal college of psychiatrists? Not yet.
My, my, my.
We really are out there on the cutting edge, aren't we? My lady- my lady, the evidence of this witness Could be instrumental in placing the defendant In a mental institution possibly for the rest of her life.
I think the jury need to understand the extent of her expertise Or the lack of it.
No further questions.
Peck: Okay, here's the thing.
My client has dropped a bit of a bombshell.
And to be honest, I'm not entirely sure how to proceed.
Well, discussing defence strategy with the prosecution Probably isn't the best way to go.
Fair point.
But we're not really talking defence anymore, Because mrs parnell has confessed.
She admits to starting the fire that killed her son? Yes.
And no.
She admits to starting the fire, And she certainly feels responsibility for her son's death.
But he didn't actually die in the fire.
( james sighs ) he didn't? Apparently not.
Um, as I understand it, my client- I'm sorry.
Megan, perhaps if you just tell us what happened.
Ian was having a seizure, And he started having convulsions.
I had the syringe for his injection in my hand.
But I couldn't do it.
I was watching him, And his face was all twisted up in pain.
I just wanted it to stop.
So I Held him and I waited.
When the convulsions ended, I knew he'd gone.
Peck: As you can imagine, she was distraught, Wracked with guilt.
And in the emotion of the moment, Decided to end it all.
Hence the fire.
And your client didn't think to mention this before? Unfortunately not.
It would have made life a lot easier all round if she had, But, well, as you can see, This changes everything.
James: Right.
So You're thinking what? We abandon the charges, The judge discharges the jury, and we start again? Well, ideally, yes.
I mean, you could charge her with arson, but Failing to give an injection I wouldn't fancy your chances.
I've heard enough.
Now, look, I didn't have to come here.
I could have just blind-sided you in court.
But I felt in the interests of justice- You can see yourselves out.
Fine.
We'll leave it to the jury.
So don't say I didn't warn you.
You didn't believe her, did you? I don't know.
Sounds like she's finally telling the truth.
The postmortem report categorically states Smoke inhalation as cause of death.
The medical evidence means that she's lying.
Or more likely, he's told her what to say.
But why would peck even try this? He must have seen the postmortem.
Why bother about truth when you can go with emotion? It was c.
O.
Asphyxiation.
Absolutely no doubt about it.
Why the renewed interest? His mother's claiming that he died from an epileptic seizure, That he was already dead when the fire started.
( laughs ) well, you gotta be breathing to get smoke in your lungs.
There's no two ways about it.
Thanks, heather.
Of course It is possible that a particularly violent seizure Could result in a coma In which case the victim would be breathing just enough to get smoke in his lungs.
But to a layperson he might appear dead.
James: She said it was a possibility, that's all.
James, it means megan must have believed ian was dead When she started the fire.
Then why didn't she plead guilty from the start? All megan cares about is staying with her daughter.
Peck's promised he can make that happen.
This is a woman who's been at the mercy of the system her whole life.
Her barrister tells her what to say, She's not gonna argue with him.
Chances are he wouldn't have listened to her anyway.
Exactly.
For all we know, She tried to tell him, he panicked, And changed the plea to insanity.
If she really did think ian was dead, Then there's no intention to kill.
She should never have been charged with murder.
Peck: So, just to clarify for the jury, You didn't put ian in a residential home Because you're his mother and you cared for him.
I couldn't.
He was my baby.
I loved him so much.
No further questions, my lady.
Mrs parnell, You described to the court how after ian died You took his pills and you started the fire So that you could go together.
Yeah, that's right.
The trouble is, it's very difficult for us to believe you When you've lied over and over again About the events of that night.
I didn't mean to lie.
But the fact is, you did.
The only thing that we know for certain Is that you went down the stairs, You unlocked the maintenance cupboard, You poured paint thinner over the stairs And you set it alight, Leaving your young son to die in that fire.
I wouldn't do that.
But that's exactly what you did.
No, I didn't Because he was already dead.
I told you.
I know you'd like us to believe that But I'm afraid it's simply not true.
I refer the court to the postmortem report on ian parnell Dated March 19th.
It clearly states the cause of death Was smoke inhalation.
But that's not right.
Megan, the pathologist found smoke in ian's lungs.
It could have only got there if he was still breathing when you started the fire.
But they've got it wrong.
I was there.
He stopped breathing.
It is simply physically impossible.
It can't be.
It can't be.
I- I thought it was a mistake.
Megan, I'm so sorry, but it wasn't a mistake.
Well Ian didn't die as a result of the seizure.
No- it may have looked like he'd stopped breathing, In fact, he could have slipped into a coma And you couldn't tell the difference, But I'm afraid the fact is, ian was still alive When you started the fire.
Uh- No No.
I- I- I would- I would never have done that.
I- I would never have left him to- Oh, my god, no.
Oh, my little boy! I- I wouldn't have- ( crying ) oh, my ian! Peck should be struck off.
To put her up there without explaining the postmortem results- That is unforgivable.
I take it that we all believe she was telling the truth? Then what? Judge hall's called us in.
I presume she'll want to discharge the jury, Start again.
With what charge? It'll still be manslaughter.
I mean, she started the fire that ultimately killed heron.
And she withheld an injection that could have prevented him From going into a coma in the first place.
Mercy killing is still killing, and it's still illegal.
So megan parnell has to spend the next six months in limbo, Then go through this all over again Because her lawyer let her down? But we can hardly continue the current trial, Even if the judge and defence agree that megan Could appeal any conviction On the grounds that she was wrongly advised.
Which means Her barrister would be accused of negligence So with decent representation, She could be out within six months.
We take defence out of peck's hands.
Peck: I don't understand.
You want to just carry on? Having weighed up the options, The prosecution would still be prepared To accept a plea to manslaughter.
I'm sure you realise the implications of continuing.
It would spare megan the trauma of a second trial.
And whatever sentence you choose to pass Could take into account the circumstances Surrounding ian's death.
That's certainly true.
All right.
I am prepared to continue, Provided we all understand each other.
Okay, great.
So what do we do now? ( buzzer sounds ) ( door clanks ) Judge hall: Megan parnell, you have pleaded guilty To the charge of manslaughter And admitted to causing the death of your son ian parnell In a fire at your home.
The seriousness of this crime leaves me no option But to impose a custodial sentence.
However, given your previous good character And your sadly mistaken belief that your son was already dead When you started the fire, The court wishes to show a degree of leniency.
I hereby sentence you to three years in prison With the recommendation that you be fully Psychologically assessed Prior to the commencement of the sentence.
You may take the prisoner down.
( keys jangling, door clanks shut ) vic: Tonight disney unleashed
These are their stories.
Man: Look, just ten minutes.
I need to see you.
I'm going out of me mind here.
I know, and I'm gonna tell her.
I swear.
Your phone! What are you doing?! I need your phone! My son-( coughing ) He- ( coughing ) Yeah, a fire! There's a bloody building burning down! Is there anyone else inside? My-my son's inside.
( coughing, gasping ) yeah, her boy.
Above the news agents'.
I don't know how long it's been going.
Yeah.
Okay.
It's all right.
They're on their way.
But it could have been a hell of a lot worse.
Ronnie: Well, I'll you what, It looked bad enough to me.
Yeah.
The lad from the flat didn't make it.
C.
O.
Asphyxiation.
That's the lad there.
Looks like he never woke up.
We're talking suspicious origins? Yeah, the guys reckon some sort of accelerant was used, But I can't tell you anymore until we get in there.
Anyone else in the flat, mike? Just the mother.
There's a daughter, but she was at a sleep-over.
What about the mum? How's she doing? Well, about how you'd expect.
Man: Let me through! Sorry, sir, you won't be able to park there.
I'm not moving my car.
I am not going to wait.
Sir, it's a crime scene.
I've got a right- what's the problem? That's my shop.
Okay, just move your car.
But don't go anywhere.
We need to talk to you as well.
Oh, man, I don't believe this.
Sir, your car is obstructing the ambulance.
I lost everything! There's a woman behind you in that ambulance who's just lost her son.
So how about you shut up and move your car? Seriously? Seriously.
Paint thinner.
They found the remains of the container Just on the entrance to the flats there.
Looks like that's your point of origin.
They'll run tests to confirm, but if it quacks like a duck Well, whoever did it wasn't worried about covering their tracks.
No.
That's the great thing about arson: Equal opportunity crime- any moron can light a fire.
Woman: Poor ian.
Terrible what happened in that fire.
I'm afraid I can't offer you any tea Only I'm having one of my bad days.
We're fine, really.
You sure? OhBeautiful, sweetheart.
You and your mum can stay here as long as you need to.
Ronnie: She's pretty, isn't she, katie? Um Megan, I understand ian had learning difficulties.
Right.
And would you mind telling us what was the matter with him? He had developmental problems.
He had trouble with his breathing.
And- And he was He was slow with- with stuff, and He didn't like noise.
I tried to get him out of there, I did, I tried.
The handle was too hot.
I shouldn't have left him in there.
Natalie: How old was the boy that died? Just turned 13.
No chance of prints off the bottle of paint stripper? No, it was too badly burned.
The dna is a no-go as well.
And I'm guessing it's available at all good retailers.
You wouldn't want to make it too easy.
Any sign of forced entry? Doesn't look like it.
The mum made her escape From a fire exit on the first floor, But according to her statement it was still locked When she got there.
So she wakes up, She smells smoke Tries to save her son, And then she goes for help.
Do we know who owns the building? Well, the flats are owned by a management company.
If it's an insurance scam, it's a pretty bad one, They should have at least tried to fake some sort of forced entry.
And as far as I can see they've got nothing to gain by it.
The shop downstairs is another story, though.
Owned by one sanjit chatterjee, currently under investigation for unpaid v.
A.
T.
And selling alcohol without a licence.
He's already got one failed business under his belt.
Pled bankrupt in 2006 at the tender age of 25.
So not exactly young entrepreneur of the year.
And he's got a stupid beard.
That's enough for me.
So I see here you had a flood six months ago.
Yeah, a burst pipe.
Careful, man.
Sorry, boss.
You claimed ten grand's worth of damages.
Yeah, a lot of stock got damaged.
And then the year before that There's an electrical fire.
Another five grand claimed on the insurance.
So, fire, flood- all you need now is an act of god.
So what? You think I did this? Well, we know you got cash flow problems, Especially as far as the v.
A.
T.
Man is concerned, And it wouldn't be the first time you cut your losses.
Oh, here we go.
Look, I was young.
Decided to try my hand at the music business.
It didn't work out.
As for the v.
A.
T.
, my accountant stuffed up.
That was all.
I'm getting it sorted.
But a nice big insurance claim should help a lot.
Yeah, it would.
Trouble is, I couldn't afford the premiums.
You claim once, it's bad enough, But claim twice, forget about it.
You're saying you're not insured? I had to take a payment break.
Talk about timing.
( cellphone rings ) Devlin.
Ang, what you got? Seriously, man, My grandparents put their savings into this place.
My whole family help out.
There is no way I'd torch it.
Yeah, sure, we'll head over there.
Megan parnell, the woman from the flat.
Apparently she made several complaints To her safer neighborhood team.
Some of the local lads were giving her a hard time On account of her son having special needs.
Right.
How bad did it get? Bad enough to get one of them an a.
S.
B.
O.
Yeah, what?! ( baby crying ) Simone lewis, D.
S.
Brooks, d.
S.
Devlin.
We need to talk to you About your sons.
Which ones? Aaron and lee.
Oh, not this again.
Leave 'em alone, can't you? Just kids.
We're investigating a fire At the home of megan parnell.
Oh, yeah? Yeah.
And we understand that your boys have been giving megan and her kids A bit of a hard time.
Yeah.
So what? So perhaps you wouldn't mind telling us where they were at one o'clock this morning.
Just answer the question, please, Aaron.
Sorry, did you say something? Ronnie: You know what I reckon, lee? I just think you're playing with us here, I really do.
I mean, how old are you? Nine? Ten? ElevenWanker.
"wanker"? That's a bit harsh.
Where were you at one o'clock this morning? No, sorry.
I don't speak gay.
I'm quite a nice bloke when you get to know me.
Or so I'm told.
It's not just your hair that looks gay.
You even got a gay face.
Ronnie: I mean, how old's aaron? He's thirteen.
I think he reckons he's too cool to be hanging around With his little brother anymore.
No, he don't.
Did you always know you was a bender? Is that why you became a copper? Doesn't he think that you're cramping his style, He's acting the big I-am out and about with all his mates, Trying to impress them? Meanwhile, you're stuck at home Because he wants to be out with kids his own age.
He thinks you're a baby.
He couldn't even get in without me.
The window's too small.
Right, I see it now.
So he's the brains and you're the brawn.
How small is this window, then? Natalie: They were at school in the middle of the night? Won't set foot in the place in daylight, But apparently spend their nights trashing school property.
We believe them? Camera footage has them near the school gates at 12:10, And then again at 3:30 this morning.
What are they doing in there for three hours? According to the head teacher, defecating in the home ec lab.
Amongst other things.
Three hours? I suppose we can charge them with criminal damage, And then we've got to let them go.
Why bother? They'll only be back here next week.
I don't know, might be a little bit longer.
I think I put the frighteners on the little one.
Impart some fatherly wisdom, did you, ron? That wouldn't be the first young tear-away I've had to sort out, would it? Eh, matty? Okay, so one of the neighbors thinks She saw a white middle-aged man, Medium height, medium build, Knock on the door late afternoon Then walk away.
Other than that, we've got nothing.
According to social services, Csa have been after megan's ex for the past year For non-payment of maintenance.
And apparently parnell's got a bit of a temper.
There's a note on here and it says, "he is extremely abusive and uncooperative.
" Hardly a first.
Yeah, but what are the odds He's white, middle-aged, medium height and medium build? Ian's what, thirteen? Yeah.
So that gives craig another five years of payments.
For a son he wanted nothing to do with.
Or so we're told.
So he kills his son to save money.
I've known people killed for less.
When did you last see your son? I don't know, a month ago, maybe two.
Really.
Yeah.
Me and his mum, we don't get on.
Understand there's been a few problems Regarding maintenance payments.
( laughs ) megan been bending your ear, has she? Must be an expensive business, supporting a family And trying to start a new life for yourself.
Look, ian belonged in a home.
Megan wouldn't have it.
Wanted to keep him with her.
He was her son.
I was the one forking over.
He would have been better off somewhere where they could look after him properly.
Seems a bit extreme, doesn't it? Residential care for a kid with learning difficulties? Learning difficulties? He was full-on retarded.
He's thirteen years old and still wearing nappies.
So is that why you and megan split up? I guess I wasn't cut out for being a dad.
Not for a kid like that.
So sue me.
So you weren't outside megan's flat Monday afternoon? Nope.
Why, someone said I was? Would it change your story if they had? Okay, fine.
Yeah, I went round there.
I'm just fed up with the hassle I'm getting from the CSA.
I wanted to talk to megan face-to-face.
And what happened? Nothing.
She wasn't there.
Why lie about it? I don't need more hassle.
Or maybe you went round there later Say, one a.
M.
Just forget it.
I was with me girlfriend.
We went out for dinner, Afterwards went back to her place.
Ronnie: Parnell's girlfriend has confirmed his alibi.
She also said that his son ian had a thing about playing with matches, And if anyone was gonna be starting a fire, It would probably have been him.
Well, neither mum nor dad mentioned this obsession with fire.
No.
Funny, that.
So what, this girlfriend's going the extra mile To stand by her man? I reckon, Which probably makes her man even more of a likely suspect.
Still, wouldn't hurt to rule the boy out altogether.
Is there any way he could have got hold of paint thinner? We can check, but whether he knew what is was is another matter.
No, not possible.
I keep everything locked up in a cupboard.
Well, where did you keep the keys? On the ledge by the door.
That's not the most original place to hide it, is it? Who's gonna be looking? Did ian know you kept it up there? Maybe.
I come here, what, two, three times a month? I do all the maintenance for the building.
Ian, he didn't like noise.
But if it was a quiet job, You know, like changing light bulbs or something, Sometimes he'd sit and watch.
Gave his mum a break, you know? And where'd you normally keep the paint thinner? In there with the paint.
Well, I can't see any.
Well, it was there.
Ian had a rare condition known as childhood disintegrative disorder.
It's sometimes known as heller's syndrome.
Sometimes the condition plateaus, But sadly, with ian, he continued to deteriorate.
And when you say deteriorate, to what extent are we talking about? He required constant monitoring For his respiratory and digestive functions.
He also became increasingly aggressive and violent, And there was a marked deterioration in his motor skills.
Would he have been able to unlock a door? What about climbing up onto something, Getting a key off a ledge? No, not ian.
By the time he left here, He couldn't get a spoon to his mouth.
Right.
Well, thanks very much for your time.
You know, ian used to be a sweet, happy boy.
His mother wanted so badly to believe he would get better.
And then she finally understood he was only going to get worse.
I watched it sink in.
And to be honest I thought it would kill her.
She wouldn't be the first.
I know.
She was at the scene, she had access to the accelerant.
I know.
Why do people ever decide to have kids? I mean, you got no idea what you're letting yourself in for.
Well, you just gotta love 'em and hope for the best.
What if there is no hope? Matt: Okay, this is megan's bedroom.
And what am I looking at? According to her statement, megan said she woke up, Smelt smoke, and then ran out of the room.
Does that bed look slept in to you? Plus the bedroom door was shut.
That's why there was so little fire damage in there.
Then there's this.
She told us that she tried to get ian out But she couldn't because the door handle was too hot to touch.
Except that ian's door was already open.
She wouldn't have had to touch the handle.
Look, it was dark, she was surrounded by flames and smoke.
She was disorientated.
Guv, it's- I'm serious.
Before I start accusing a mother of killing her child- Guv, I'm sorry.
That's the lab.
They've finished testing items from the scene.
Megan parnell's sweatshirt Has got paint thinner on it.
Bring her in.
Megan: I don't understand.
Ronnie: Well, megan, you told us that you woke up And then you went to save ian.
That's right.
I tried to get him out.
Well, we think that You never went to bed in the first place.
What? Matt: Your bed was still made.
And the door to your bedroom was shut tight.
That's what slowed the fire down.
I don't know what you're talking about.
Well, you see, megan We think you waited Till ian fell asleep Then you went down and got the paint thinner You poured it on the stairs, you lit it, And then you made your escape through the fire exit.
No.
That's not what happened.
Well, you see, megan, We know that things got really desperate for you.
Maybe Maybe you didn't mean for ian to die.
Maybe you were just trying to let someone know that you really needed help.
No.
It-it wasn't like that, I swear.
You see, all this evidence It leads to one conclusion, megan- That you started that fire And you left your son to die.
Man: My lady, My client has already had to endure Of one child.
I would ask that she not be separated from her remaining child Pending the resolution of this matter.
Ms phillips? We believe the defendant to be responsible For the untimely death of her child.
Given the nature of the crime, we maintain that bail should be refused.
My lady, this will only compound a grieving mother's suffering.
And based on what? The defendant is charged with murder.
The crown would not have undertaken this prosecution without sufficient evidence.
I believe that is yet to be demonstrated.
That is why we have trials, mr peck.
Hey.
Hope you didn't take that personally.
Sorry? Thought I should bring out the big guns, Seeing as the poor woman's innocent.
You sure about that? Absolutely.
As long as she doesn't tell me any different.
It's alesha, right? Dominic.
I'm glad to have an excuse to get to know you at last.
Your average female barrister Looks like a pig in a wig.
Excuse me? Come on, you know it's true.
I think we're gonna have a lot of fun, you and I.
I mean, I'm not saying it won't be a challenge Selling the lovely mrs parnell to a jury, But hey, it's all in the presentation.
As far as I can remember, being fat and stupid isn't a crime.
More's the pity.
Now, mrs parnell! Where were we? George: I thought the evidence Was conclusive.
Yeah, it is.
So why plead not guilty? Does her lawyer know something that we don't? I doubt it.
The guy's an idiot.
He's just hoping that the jury will find her too sympathetic to convict.
And is she? Hardly.
This wasn't some kind of compassionate mercy killing.
She set fire to a building with her disabled son trapped inside, And she didn't care how many other lives she put in danger.
Still, it's a highly emotive situation.
She'd been caring for a severely disabled child for years With little or no support.
They're bound to try and use the boy's condition To cultivate sympathy for the defendant.
Which is fair enough.
I'm not saying she wasn't struggling, But that's hardly justification for murder.
It could down the route of diminished responsibility.
You said that she was on antidepressants for the last couple of years.
No, they don't have grounds for diminished responsibility.
She had a full psych assessment when she was in custody, And nothing was flagged up.
It would be good to establish state of mind before the offence.
You said that megan visited the emergency department with ian Two days prior to the fire.
Mm-hmm.
Okay, so we talk to the doctor that saw them, Get a professional opinion.
Very good.
Good.
Go forth and prosecute.
Woman: No, there was no abuse involved.
The skull fracture came from autistic-type head-banging.
The broken wrist was sustained during an epileptic seizure, And the broken ribs came from a fall.
We also treated his mother on several occasions.
What for? The last time was when she tried to hold him down To protect him during a seizure, He threw her off and she chipped a bone in her elbow.
Was it deliberate? No.
No, he wouldn't have known what he was doing.
But the situation was obviously becoming impossible.
The last time we spoke, I Suggested she rethink the idea of residential care.
And what did she say? She said if it came to that, he'd be better off dead.
Peck: It is also the contention of the defence That the evidence given by dr schreiber should be excluded Under section 78 of p.
A.
C.
E.
Eleven.
Not to mention the fact that it falls squarely under the heading Of patient-doctor privilege.
My lady, it was, in fact, mrs parnell's son Who was the patient at the time she made the statement.
Then privilege is irrelevant, As as your other objections, mr peck.
In that case, I also wish to apply to exclude The sweatshirt worn by mrs parnell On the night of the fire under section 78 of p.
A.
C.
E.
Twelve.
How can the prosecution claim that it is the exact same paint thinner That was used to start the fire? Uh, I believe that's a question for our expert witness.
But there's also the manner in which the sweatshirt was obtained.
Mr peck, please stop.
The sweatshirt stays in.
I suggest you quit while you're- Well, I suggest you quit, anyway.
Trial is listed for ten a.
M.
Tomorrow.
I see no reason to delay any further.
Do you think he's read anything Other than section 78 of pace? I doubt he's even read that.
Peck: Dominic peck.
Okay.
No, I won't be able to do it within the hour.
Well, I'll try.
Excuse me.
Do you know what time we're meant to go back in? We'll be starting again at two.
Oh.
It's just they said I could see my little girl today.
Really? Who told you that? Now, now, mrs parnell.
No fraternising with the enemy.
Come on.
James: And have you ever Come across someone waking up with their home on fire Taking time to make the bed before leaving the building? Well, not in my experience.
Thank you.
No further questions.
Mr harris, In warm weather I'm sure most of us Tend to sleep on top of the covers.
Harris: The night of the fire it was below freezing.
But still, if someone were reading a book or a magazine, The might still fall asleep on top of the covers Regardless of the temperature, mightn't they? Well, they might.
Thank you.
But no books or magazines were found By the defendant's bed.
Woman: I told her she should consider Placing him in residential care.
And what was her response? She was worried that other people Wouldn't look after him properly.
I know there had been some difficulties When they had tried respite care.
But I told her it would be different If he was found a permanent place in suitable institution.
But she was still unconvinced? She became very upset.
She said if it came to putting him in a home, He'd be better off dead.
Thank you, doctor.
Peck: Dr.
Schreiber I'm sure you're aware that people exaggerate sometimes for effect.
Of course.
Did you think she wanted him dead? My lady- let's avoid speculation, mr peck.
My lady.
Did she say she wanted him dead? No.
In fact, did she not ask you about alternative treatments for her son? Yes, she did.
She told you that she'd try anything, Anything at all, If it meant getting her little boy back.
Yes, she did.
She desperately wanted to improve his quality of life.
Which is quite the opposite from wanting to end his life, wouldn't you say? Thank you, doctor.
I have nothing further.
George: Did you see the look in the jury's faces? He has them seeing it as an act of mercy.
There's a risk of a "not guilty" here, Even with an idiot like peck, Simply because they're feeling that poor woman's pain.
I think george could be right.
I know that, given the facts, the charge had to be murder, but it jus doesn't feel right.
I just don't understand why peck didn't go for manslaughter from the start Using the doctor's statement As evidence of severe emotional distress.
It's what any other defence lawyer would have done.
Well, sadly, we can't guarantee The quality of opposing counsel.
Maybe We can force this particular counsel to do the right thing.
And what do you have in mind? I'll talk to him.
Tell him we'll accept a plea to manslaughter And hope he's got sense enough to agree.
Interesting.
I think you'll agree it's in the best interests of your client.
Well, I think that's for me to decide.
No, it's for megan to decide.
You know, the woman you're representing? Manslaughter.
That'd mean a definite prison sentence, though, wouldn't it? Yeah, it usually does.
The thing is, all megan wants to do is stay with little caley.
It's katie.
Exactly.
And I promised her I'd do my damnedest to make that happen.
You shouldn't have promised her anything.
Hey, it's always good to give the ladies hope.
Peck: As predicted, My client wishes to proceed with the not guilty plea.
James: You have explained that a murder conviction Carries a mandatory life sentence? That's not really the issue here.
( grunts ) I disagree.
Mrs parnell, I must stress that if you are found guilty, You could be sentenced to 25 years in- Yes, thank you, mr steel.
And given the evidence against you, You should know that that is a very real possibility.
But I thought you said if I pleaded not guilty- That's enough.
I think we're done here.
Alesha: Megan, is there anything you want to say? I don't appreciate the scare tactics, mr steel.
It's okay.
He's just trying to confuse you.
Your client has the right to know what she's risking.
I assure you, my client is fully informed.
Well, at least she is now.
Makes you wonder what he's gonna do next.
I know, but I bet megan parnell is as in the dark as we are.
James! Peck's entered a new plea.
Diminished responsibility? Not guilty by reason of insanity.
Based on what?! He's found an expert Who will say megan parnell was legally insane when she set the fire.
So first she didn't do it, now she did it, But she didn't know what she was doing.
He's lost the plot.
He must realise what this could mean.
It if works, megan could end up institutionalised for the rest of her life.
She wouldn't just lose her daughter, she'd lose everything.
You know the jury will see this for the cynical ploy that it is, And all you'll have done is discredit your client.
Perhaps.
Or perhaps they'll be too busy crying into their hankies Over poor, misunderstood megan.
Shouldn't overestimate your average prole, james.
It's all about emotion, not the truth.
Alesha: They told us about Win-at-any-cost barristers at law school.
First time I've seen one in action, though.
Yeah, peck's a prime example- Raging ego, limited ability, and absolutely no ethics.
He really doesn't care what happens to megan.
It's like she's just a pawn in his game.
Maybe, maybe not.
She's still the one who chose to plead not guilty.
If peck's playing a game, she's going along with it.
Don't think of her as the innocent victim here.
Man: Megan? By pleading insanity, You understand that you're saying that when you started the fire You didn't know it was wrong.
Yeah.
I didn't know what I was doing.
You were upset about ian.
Yeah.
But I wasn't thinking properly.
I was upset and confused.
Can you tell me what it was like When your son first got ill? I mean, it must have been very difficult.
Yeah, it was really hard.
I understand ian changed quite quickly.
It was around the time of his fourth birthday.
His favorite song was old macdonald.
He was always singing it.
Then he forgot that pigs go "oink.
" He started saying there was a bad mouse in his head.
A few months later, he stopped talking and using the toilet.
He wouldn't even let me hold him.
He-he couldn't bear to be touched.
Psychiatrist: Short version , she's not insane- Not now, and not the night she started the fire.
The long version? She certainly has significant mental health problems- Depression, acute anxiety, chronic sleep deprivation.
Her son rarely let her sleep more than two hours at a time, And that's every night for thirteen years.
You could argue that was her choice.
She repeatedly refused to have him placed in a home.
Has anyone bothered to ask her why? Probably not the defence.
Megan's mother had recurring health problems.
Her father was an alcoholic.
Her only other relative was an aunt in a wheelchair.
So megan spent several long periods in children's homes.
Not happy times? The standard of care in the early eighties Was variable, to say the least.
Megan was an awkward, unattractive child with zero confidence.
We all know how cruel children can be.
But she wasn't insane.
No.
She wasn't.
So who's he found to say that she was? Peck: In your opinion, doctor, Was the defendant severely stressed at the time of the fire? Based on my interviews with megan, I believe that her stress level Had risen to the clinical designation a.
C.
S.
S.
And what is that? Acute caretaker stress syndrome.
A.
C.
S.
S.
Is characterised by irrational behavior, Radical emotional dissonance, and cognitive malfunction.
Would she have been able to tell the difference between right and wrong? In my opinion, no.
Thank you, doctor.
Which medical school did you attend, doctor arlberg? My doctorate is in psychoanalytic studies.
I didn't go to medical school.
So you're not a qualified psychiatrist? No, I'm not.
Then are you affiliated with any particular hospital or clinic? Not currently.
For the past few years I've been lecturing extensively, Mainly in the states, Where I also have a syndicated radio program.
In other words, you're not a psychologist, But you play one on the radio.
My lady! He's mocking the witness! ( clears throat ) my lady.
ThisDisorder You've been talking about, dr arlberg Oh, yes.
A.
C.
S.
S.
See, I am really confused.
I have been looking through a large number of reference books, And I can't find a single mention of it.
It's a relatively new diagnosis.
That explains it.
Invented by whom? It was first identified by myself.
Oh, I see.
And has it been recognised By the royal college of psychiatrists? Not yet.
My, my, my.
We really are out there on the cutting edge, aren't we? My lady- my lady, the evidence of this witness Could be instrumental in placing the defendant In a mental institution possibly for the rest of her life.
I think the jury need to understand the extent of her expertise Or the lack of it.
No further questions.
Peck: Okay, here's the thing.
My client has dropped a bit of a bombshell.
And to be honest, I'm not entirely sure how to proceed.
Well, discussing defence strategy with the prosecution Probably isn't the best way to go.
Fair point.
But we're not really talking defence anymore, Because mrs parnell has confessed.
She admits to starting the fire that killed her son? Yes.
And no.
She admits to starting the fire, And she certainly feels responsibility for her son's death.
But he didn't actually die in the fire.
( james sighs ) he didn't? Apparently not.
Um, as I understand it, my client- I'm sorry.
Megan, perhaps if you just tell us what happened.
Ian was having a seizure, And he started having convulsions.
I had the syringe for his injection in my hand.
But I couldn't do it.
I was watching him, And his face was all twisted up in pain.
I just wanted it to stop.
So I Held him and I waited.
When the convulsions ended, I knew he'd gone.
Peck: As you can imagine, she was distraught, Wracked with guilt.
And in the emotion of the moment, Decided to end it all.
Hence the fire.
And your client didn't think to mention this before? Unfortunately not.
It would have made life a lot easier all round if she had, But, well, as you can see, This changes everything.
James: Right.
So You're thinking what? We abandon the charges, The judge discharges the jury, and we start again? Well, ideally, yes.
I mean, you could charge her with arson, but Failing to give an injection I wouldn't fancy your chances.
I've heard enough.
Now, look, I didn't have to come here.
I could have just blind-sided you in court.
But I felt in the interests of justice- You can see yourselves out.
Fine.
We'll leave it to the jury.
So don't say I didn't warn you.
You didn't believe her, did you? I don't know.
Sounds like she's finally telling the truth.
The postmortem report categorically states Smoke inhalation as cause of death.
The medical evidence means that she's lying.
Or more likely, he's told her what to say.
But why would peck even try this? He must have seen the postmortem.
Why bother about truth when you can go with emotion? It was c.
O.
Asphyxiation.
Absolutely no doubt about it.
Why the renewed interest? His mother's claiming that he died from an epileptic seizure, That he was already dead when the fire started.
( laughs ) well, you gotta be breathing to get smoke in your lungs.
There's no two ways about it.
Thanks, heather.
Of course It is possible that a particularly violent seizure Could result in a coma In which case the victim would be breathing just enough to get smoke in his lungs.
But to a layperson he might appear dead.
James: She said it was a possibility, that's all.
James, it means megan must have believed ian was dead When she started the fire.
Then why didn't she plead guilty from the start? All megan cares about is staying with her daughter.
Peck's promised he can make that happen.
This is a woman who's been at the mercy of the system her whole life.
Her barrister tells her what to say, She's not gonna argue with him.
Chances are he wouldn't have listened to her anyway.
Exactly.
For all we know, She tried to tell him, he panicked, And changed the plea to insanity.
If she really did think ian was dead, Then there's no intention to kill.
She should never have been charged with murder.
Peck: So, just to clarify for the jury, You didn't put ian in a residential home Because you're his mother and you cared for him.
I couldn't.
He was my baby.
I loved him so much.
No further questions, my lady.
Mrs parnell, You described to the court how after ian died You took his pills and you started the fire So that you could go together.
Yeah, that's right.
The trouble is, it's very difficult for us to believe you When you've lied over and over again About the events of that night.
I didn't mean to lie.
But the fact is, you did.
The only thing that we know for certain Is that you went down the stairs, You unlocked the maintenance cupboard, You poured paint thinner over the stairs And you set it alight, Leaving your young son to die in that fire.
I wouldn't do that.
But that's exactly what you did.
No, I didn't Because he was already dead.
I told you.
I know you'd like us to believe that But I'm afraid it's simply not true.
I refer the court to the postmortem report on ian parnell Dated March 19th.
It clearly states the cause of death Was smoke inhalation.
But that's not right.
Megan, the pathologist found smoke in ian's lungs.
It could have only got there if he was still breathing when you started the fire.
But they've got it wrong.
I was there.
He stopped breathing.
It is simply physically impossible.
It can't be.
It can't be.
I- I thought it was a mistake.
Megan, I'm so sorry, but it wasn't a mistake.
Well Ian didn't die as a result of the seizure.
No- it may have looked like he'd stopped breathing, In fact, he could have slipped into a coma And you couldn't tell the difference, But I'm afraid the fact is, ian was still alive When you started the fire.
Uh- No No.
I- I- I would- I would never have done that.
I- I would never have left him to- Oh, my god, no.
Oh, my little boy! I- I wouldn't have- ( crying ) oh, my ian! Peck should be struck off.
To put her up there without explaining the postmortem results- That is unforgivable.
I take it that we all believe she was telling the truth? Then what? Judge hall's called us in.
I presume she'll want to discharge the jury, Start again.
With what charge? It'll still be manslaughter.
I mean, she started the fire that ultimately killed heron.
And she withheld an injection that could have prevented him From going into a coma in the first place.
Mercy killing is still killing, and it's still illegal.
So megan parnell has to spend the next six months in limbo, Then go through this all over again Because her lawyer let her down? But we can hardly continue the current trial, Even if the judge and defence agree that megan Could appeal any conviction On the grounds that she was wrongly advised.
Which means Her barrister would be accused of negligence So with decent representation, She could be out within six months.
We take defence out of peck's hands.
Peck: I don't understand.
You want to just carry on? Having weighed up the options, The prosecution would still be prepared To accept a plea to manslaughter.
I'm sure you realise the implications of continuing.
It would spare megan the trauma of a second trial.
And whatever sentence you choose to pass Could take into account the circumstances Surrounding ian's death.
That's certainly true.
All right.
I am prepared to continue, Provided we all understand each other.
Okay, great.
So what do we do now? ( buzzer sounds ) ( door clanks ) Judge hall: Megan parnell, you have pleaded guilty To the charge of manslaughter And admitted to causing the death of your son ian parnell In a fire at your home.
The seriousness of this crime leaves me no option But to impose a custodial sentence.
However, given your previous good character And your sadly mistaken belief that your son was already dead When you started the fire, The court wishes to show a degree of leniency.
I hereby sentence you to three years in prison With the recommendation that you be fully Psychologically assessed Prior to the commencement of the sentence.
You may take the prisoner down.
( keys jangling, door clanks shut ) vic: Tonight disney unleashed