Bull (2016) s04e16 Episode Script
Missing
$600 for a freaking T-shirt?
Did you say $600?
Wow.
This is SoHo, Chloe.
Still.
[clerk clears throat.]
Ladies, let me know if there's anything I can help you with.
Thank you.
We should probably head back to Brooklyn soon.
Oh, my God, a scarf is $400? Should I get it? What? No.
Your mom will kill you.
NINA: Hey.
I didn't say anything about buying it.
Oh, come on.
Warmth is a fundamental human right.
And I need a scarf.
Relax.
You're gonna attract attention.
NINA: Hey.
You should get those earrings.
They're your favorite color.
I don't think so.
Do you know how cute you'd look with them? Sorry, ladies.
I'm gonna need to see inside those purses.
Good afternoon.
My name is Elena Smith.
I got a phone call that my 15-year-old daughter was arrested for shoplifting? Wait, there must be some mistake.
I'm supposed to meet my daughter in here.
There's been no mistake, Ms.
Smith.
It's you we want to talk to.
I'm Agent Franks with the Federal Bureau of Investigation.
This is Agent Arnold.
Would you please take a seat? Shoplifting? Is that something the FBI gets involved with these days? - Uh, just for the record, you're Chloe Smith's mom? - Yes.
Is she okay? W-What did she do? Chloe's real name isn't Chloe at all, is it? And her last name isn't Smith.
For that matter, I'm guessing neither is yours.
Your daughter, who isn't your daughter, her real name is Sarah Cooper, isn't it? FRANKS: We ran her prints.
She's originally from Clearwater, Florida, and we suspect maybe you are, too.
Your real name's Angela Brown, isn't it? ARNOLD: Ms.
Brown, we've been looking for you and that little girl for an awfully long time.
[knocking on glass.]
- Go away.
- BENNY: No.
Nope.
I need to speak with you.
Have some mercy.
You know I have a two-week-old at home.
I know that.
[knocking on glass.]
She's adorable, but confused.
Doesn't know night from day.
[knocking continues.]
Ugh, come on.
I'm working on 22 minutes' sleep here.
I beg you.
Sorry, Bull.
You know, I just, uh, got off the phone with my financial guy, trying to start a college fund for baby Bull, but I got to have her full name.
They won't let me open up an account without a last name and a first name.
So what's it gonna be? Asa or Ingrid? Remember? You told me you wanted to name her Ingrid, and Izzy wanted to name her Asa.
So where'd you guys end up? We met in the middle.
What? Inga? Astrid.
Ah.
Astrid.
I like it.
Never heard it before, but I like it.
Same here.
[knocking on glass.]
[sighs.]
See what you started? You two boys interested in running up to the Metropolitan Correctional Center late this afternoon, and talking to a woman accused of kidnapping her niece 12 years ago and bringing her up as her daughter? [cell door closes.]
12 years ago, my younger sister Marie died in a car accident.
She had just dropped her three-year-old daughter off at day care.
Sarah.
Sarah Cooper.
Yes.
That was the name she was born with.
Sarah Cooper.
And what about her father? What was going on with Sarah's father after your sister died? My brother-in-law had issues with impulse control.
Struggled with his drinking, with drugs.
He used to beat my sister.
He used to hurt Chloe.
Sarah.
And you witnessed this? I saw the bruises.
But your sister confided in you? She didn't have to confide in me.
S-She didn't have to say it.
She was my sister.
Uh, these bruises, did you ask her about them? I tried.
She'd tell me she walked into a door.
Or when her hand had what looked to me like cigarette burns, she'd tell me she did it to herself on the stove.
Tell me about Sarah.
After Marie died, I noticed she started having bruises.
And did you ask your brother-in-law? The girl's father? He'd tell me Sarah fell down.
"Sarah fell off her big wheel.
" There was always a story.
So, I contacted Florida's Department of Children and Families.
But by the time they came out to investigate, the bruises were almost gone.
I think I reported him five, six times.
And then, one day, I went over there to visit my niece, and they told me she was in the hospital with a broken arm.
Jim said she fell down the stairs.
But when I went to the hospital and asked Sarah what had happened, she wouldn't tell me.
She just looked sad.
She wouldn't say anything.
So, the next morning, I went back to the hospital.
And I told her we were going on a trip.
That was 12 years ago.
Let's talk about the trial.
It's not gonna be easy.
There's no denying what you did.
You took a child who wasn't yours.
A child who still had a parent.
And there's no jury that's gonna have an easy time looking past that, which is why Sarah Chloe is the key to your defense.
The key? How? She was only three when all this happened.
She doesn't remember anything.
Of course.
But surely she has an opinion on you as a mother.
How did she react when you told her you'd been arrested? I told her I'd been called away on a business trip.
I called her friend's parents and asked if she could stay with them for a day or two.
Ms.
Smith, Ms.
Brown, you need to explain to your niece what's really going on here.
That is a conversation that has to be had.
BENNY: Dr.
Bull is right.
She is the most important witness we have.
Now, we're happy to bring Chloe here, tomorrow.
Give you two a chance to talk.
Here? [exhales.]
So I can tell her her whole life's been a fiction? She thinks her father is dead, that he's a war hero, he lost his life in Afghanistan.
Be that as it may, if that girl doesn't tell the jury what a wonderful mother you've been, you will be found guilty.
And the authorities will almost certainly return her to the man you're convinced hurt her.
[crying.]
Tell me you'll call her tonight.
Tell me you'll explain you need to see her.
Okay.
I'll call her.
I'll tell her about the two of you.
That you'll be bringing her to me.
[sniffles.]
But I won't tell her where.
And I won't tell her why.
I I just can't.
BENNY: Here she comes.
[car door opens.]
[sniffling.]
[engine starts.]
You all right? [whispers.]
: It's a lot.
It is.
[sighs.]
I hate to be the naysayer - No, you don't.
- I I don't know how we're supposed to prove abuse that supposedly happened over 12 years ago in a place that's over a thousand miles away.
CHUNK: I don't know.
I mean, the kid did break her arm.
Yeah, but it was a spiral fracture, which is actually pretty common.
It can happen when you yank a toddler's arm or when you're just horsing around, which is what the dad told the doctors.
Speaking of the father Tell us what you know.
His name is Jim Cooper.
Went through kind of a dark period after his wife passed and his daughter disappeared.
Couldn't hold down a job, got himself into a lot of debt.
Lost his house.
Some minor arrests for drunkenness.
Then about eight years ago, he started to pull his life back together.
Bought a water-softening franchise, remarried four years ago, has a two-and-a-half-year-old son, has six employees.
I've dated guys whose bios read worse than this.
Here's the thing.
Bull keeps saying the literature is pretty clear about the fact that abuse tends to be cyclical.
I mean, even though this Jim Cooper remarried You think he's abusing his new wife and kid? Well, I certainly hope not, but he probably had other relationships before he met his current wife.
And if we can establish a pattern of abuse, it would certainly bolster Elena's credibility.
Looks like I'm on a plane to sunny Florida.
BENNY: Do you know what the problem with this case is? Our client did exactly what she's being charged with.
I'm starting to think our only choice might be to embrace that.
[scoffs.]
Why would we do that? To gain credibility with the judge and the jury.
Make a play for a lenient sentence.
Our play is to get her acquitted.
If we have to ask for a lenient sentence, it means we've lost, and our client didn't hire us to lose.
Yeah, but, Bull, there is no defense for this crime.
It's not like we can claim that it was an accident or self-defense or even insanity.
I mean, she's guilty.
She did it.
She kidnapped her niece.
Well, that's where jury nullification comes in.
We've got to convince this jury that the kidnapping law shouldn't apply to Elena's situation.
She wasn't kidnapping her niece; she was rescuing her.
Let the prosecution call it a kidnapping.
We're gonna call it a rescue.
BULL: I need to warn you the first witness to take the stand today is going to be your former brother-in-law.
Whatever you may think about him, we need you to understand the jury will almost certainly empathize with him.
All they're gonna see is a young widower who lost his only child.
Wow.
The bastard sobered up long enough to fly three hours up the coast so he could lie under oath? According to the prosecutor, he's been sober for years.
He's also remarried, owns his own business, has a two-year-old son, and very much wants his daughter back.
Angela, the reason we're telling you this [sighs heavily.]
We need you to be careful not to react when he testifies.
The jury is watching you, they're studying you.
If they see anger, if they see contempt, they're gonna presume that you took this man's child out of spite.
KNIGHT: So you got to the hospital, walked into your daughter's room, and she just wasn't there? Exactly.
And no one no one knew where she was.
So, of course, I went to the police.
KNIGHT: And how long before you figured out that it was probably your sister-in-law who had taken her? Maybe a day.
There was hospital video.
Uh but the thing is, no one realized that she had taken her for good, that she'd left the state.
I kept thinking that she had taken her to the movies or to some theme park to take her mind off of her mother.
Mr.
Cooper.
Did you ever hit your first wife? Never.
KNIGHT: Did you ever strike your daughter Sarah? JIM: Never.
KNIGHT: Mr.
Cooper, if the defendant is found guilty, are you prepared to welcome your daughter back into your home? JIM: Prepared? I have been waiting 12 years for this.
I would do anything to have my child back.
Yes.
[gallery murmuring.]
KNIGHT: No further questions, Your Honor.
Mr.
Colón.
Yes, Your Honor.
Thank you, Your Honor.
[exhales quietly.]
Mr.
Cooper we really appreciate you coming all this way to share your recollections.
Recollections? I I-I'm talking about my family.
I'm talking about my blood, my-my child.
Yes, yes, of course, of course, but [sighs.]
12 years is a long time.
A lot has changed.
Right? You're remarried, you have a two-year-old at home I never stopped looking.
I I never gave up.
BENNY: If you say so, sir.
Now you were unemployed at the time your daughter disappeared, - weren't you? - Yes, I I had a tough time after my wife died.
Completely understandable.
Although, our records indicate that you were having a tough time even before your wife passed away, pretty much beginning with the birth of your first child, Sarah.
Objection, Your Honor.
Is counsel asking a question or testifying? Ask a question, Mr.
Colón.
Absolutely, Your Honor.
My apologies, Your Honor.
[clears throat.]
: Uh approximately how many jobs would you say you held during the three-year period starting from the birth of your first child to the date that she disappeared? I don't know, I was still a young man, still trying to find myself.
Yeah, I get it.
I'm just looking for a number, sir.
Three, maybe.
Three.
Three jobs in three years.
That's what you're testifying to? Could be four.
Objection, Your Honor.
Relevance? Your Honor, the defense is just trying to illustrate to the jury that my client has never denied that she did what she did; the issue in this trial is why she did it.
And that's all we are attempting to illuminate, Your Honor.
Objection overruled.
You may proceed.
Yeah.
Now, I'll ask just one more time.
How many jobs did you hold during the three-year period after your daughter's birth? Five.
Five.
Really? Huh.
Our records show 11, sir.
[gallery murmuring.]
Do you care to venture as to how many alcohol-related arrests during that period? - I imagine you have that number as well.
- Oh, I do, I do, and it's almost as high as the number of jobs lost.
Again, beginning with the birth of your first child, you were also on periods of federal assistance, were you not? Yes.
I was on assistance, but I'm not any longer.
I haven't been for years.
In fact, you remained on assistance for almost 18 months after your daughter's disappearance, right? - Yeah.
So? - And isn't it also true that you never mentioned to your caseworker that your daughter was gone, so that you can continue to receive that extra assistance the government pays to families with minor children? [gallery murmuring.]
How's the view? MARISSA: Nobody is switching sides yet, but I can see we definitely have - their attention.
- BENNY: I'm sorry, I I didn't hear what you said.
Like I said, it was a difficult time.
Ah.
I made some mistakes.
I didn't attend to certain things that needed attending to.
I won't deny that.
But I was a little busy putting up posters on telephone polls spending my days looking for my child.
BENNY: Be that as it may, you accepted federal funds under false pretense, - didn't you? - Objection.
Asked and answered.
Objection sustained.
Ask another question.
Actually, I have no further questions, Your Honor.
[gallery murmuring.]
I'm worried.
I haven't heard from Chloe since yesterday.
That's funny, she missed her appointment with Chunk this morning to go over her testimony.
BAILIFF: All rise for the Honorable Judge Hopkins.
KNIGHT: Ms.
Lawson, thank you for making the trip up from Florida.
Now, in 2008, you were the Florida Child Services investigator assigned to Sarah Cooper's case.
- Isn't that correct? - Yes.
And apparently, you were called to the home a number of times.
I was.
Her aunt [sighs.]
the defendant seemed convinced that there was some sort of abuse going on in the household.
So you investigated? I did.
And what did you discover? I found some minor issues with hygiene.
- How do you mean? - The kitchen sink had dirty dishes in it.
Sarah's clothes hadn't been washed in a while.
Pretty standard stuff.
And frankly, to be expected in a household - where the mother had just passed.
- And wasn't there also some concern about a bruise or bruises on her arms and legs? Again, concerns from the defendant.
But when I saw the child, it was hard to determine exactly what we were looking at.
Now, the law requires us to open an investigation 24 hours after someone files a concern, and we did that.
But it did take us a couple of days to get out there.
And do you think that might have accounted for your inability to recognize these bruises or marks as evidence of abuse? Honestly, no.
Generally speaking, in child welfare cases, you're almost always talking about injuries that are profound enough to still be in evidence 72, even 96 hours later.
So you saw nothing that gave you cause to consider removing the child - from the home? - Oh, gosh, no.
That is always a last resort.
My feeling was that it would be best to continue to monitor the case, check back with the family bimonthly, so that's what we did.
And when the child was brought to the hospital with a broken arm? We got there as quickly as we could.
But unfortunately, when we arrived, the hospital had just discovered that she was missing.
[gallery murmuring.]
No further questions, Your Honor.
MARISSA: I'm sure I don't need to tell you we didn't win any friends - with that testimony.
- BULL: Hey.
The inning's not over until both sides have been up to bat.
BENNY: Ms.
Lawson, you have a really difficult job, don't you? It's not the easiest.
In fact, even over a decade ago, while you were in the midst of the Sarah Cooper case, you were carrying double the recommended number of cases, isn't that right? Goes with the territory.
At least in Florida.
Now, Ms.
Lawson, after Mrs.
Cooper passed away and during the time Sarah was living with her father, were you aware of any children in the state of Florida that died as a result of abuse while being actively monitored by your agency? Sadly, I'm sure some did.
I couldn't give you a number.
We are talking about 12 years ago.
Indeed.
Would it surprise you to learn that 12 years ago, that number was actually 79? [gallery murmuring.]
79 children died as a result of abuse while being actively monitored by Florida Child Service investigators.
Now, how long do you think the defendant should have waited? Objection.
Calls for speculation.
How long should the defendant have waited before her sister's child was number 80? [gallery murmuring.]
[gavel banging.]
HOPKINS: Mr.
Colón.
You are out of order.
Now the jury will ignore that last question.
I apologize, Your Honor.
Actually, I have no further questions at this time.
Does the prosecution have any further questions for this witness? Not at this time, Your Honor.
Then the witness is excused.
Please call your next witness.
The prosecution would like to call Sarah Cooper to the stand.
[gallery murmuring.]
What was it like to find out your name wasn't your name, your mother wasn't your mother? It's hard to describe.
KNIGHT: Were you surprised to learn that your biological father was alive, after being told for so many years that he had died in Afghanistan? Of course.
And what were you thinking, when you sat here in this courtroom two days ago and watched him, very much alive, testify about how much he loved you and missed you? Just that I wanted to talk to him.
Get to know him a little bit.
KNIGHT: Now, let's talk about your aunt.
After years of telling you that she was your mother, that your father had died overseas, what did she tell you about your father once she admitted that he was, in fact, alive? What did she offer as an excuse for taking you from him? For keeping you from him? She said that he hurt my real mother.
She said that he hurt me.
He broke my arm.
Did you believe her? Objection.
Calls for speculation.
The attorney is badgering the witness.
And I question the relevance of this whole line of questioning.
KNIGHT: I'll withdraw the question, Your Honor.
But if I may just ask one more thing.
Sarah, are you open to the possibility of a relationship with your father now that you know that he is alive? I guess so.
He seems nice.
And I'd kinda like to know what it's like to have a father.
[gallery murmuring.]
KNIGHT: No further questions, Your Honor.
Chloe Is it okay if I call you Chloe? Would you rather I address you as Sarah? Chloe's okay.
I'm kinda used to Chloe.
Chloe it is.
Now, why do you think your mother made you believe your father was a war hero? I don't know.
I guess so I'd respect him, feel good about him.
And did she ever say anything negative about him prior to the police charging her with kidnapping? No.
Never.
Actually, she always talked about him like he was pretty amazing.
And would you say you've been well-cared-for these past 12 years? Well-clothed? Well-fed? Did you feel loved? I did.
Yes.
And didn't your mother put you in private school? Encourage you to learn the violin? Teach you Spanish and French? You mean my aunt? Yes, she's been a wonderful parent to me.
And you're old enough to understand that [inhales.]
private school, tutors, music lessons all of that costs money.
And who was it that was paying for it? My aunt.
And, lastly, have you ever known your aunt to be violent or aggressive? No.
Did she ever hit you? No.
- She ever curse at you? - No.
Raise her voice? Once or twice.
But I probably deserved it.
Do you think she loves you? Uh, yes.
[voice breaking.]
: I know she does.
BENNY: Thank you.
No further questions, Your Honor.
Give me a burp.
[cooing.]
I can't put you down till I get a burp.
[passes gas, coos.]
Hey.
That was the wrong end.
[cooing.]
Come on.
I need a burp.
Here we go.
That's a girl.
Give me a burp.
I [phone vibrating.]
[quietly.]
: Hello, Marissa.
Am I catching you at a bad time? No, I'm just trying to wrap up the 10:00 p.
m.
feeding here in Astrid-land.
Intake went well.
We're just working on some outbound action.
What's up? Danny just called from Florida.
She's found two people that seem to corroborate Elena's story about Jim.
One is a teacher at a preschool that Jim's two-year-old attended.
That is until she asked questions about bruises - the little boy started showing up to school with.
- Shh And she also found a dermatologist his new wife was seeing.
Apparently, she has something to say as well.
Both are willing to fly up to testify.
Well, why don't you e-mail me all the pertinent details, and Benny and I will add 'em to the witness list tomorrow morning.
Did Danny find the wife yet? She thinks she might be away on business, - but she's still looking.
- Okay.
Ooh, I felt that.
I got to go.
KNIGHT: Your Honor, these new witnesses aren't witnesses.
BENNY: Excuse me, but the prosecution has rested.
It is now time for the defense to present ourdefense, which is what we're trying to do right now, Your Honor.
Your Honor, not only have we had no time to prepare Oh, take all the time you need.
Your Honor [sighs.]
The charges before the court - are extremely serious - Which is why these witnesses are so important, Your Honor.
They directly contradict Jim Cooper's testimony.
He said under oath that he has never physically abused anyone.
Well, we have records from Jim Cooper's two-year-old son's former preschool teacher, who noticed fresh bruises on the boy.
And when she confronted him about the bruises, the teacher said that he abruptly pulled the kid from the school.
In other words, she witnessed nothing.
And, secondly, the current Mrs.
Cooper's dermatologist treated her for a burn on her forearm, which she suspected was from a cigarette, less than four weeks ago.
Again, this is circumstantial evidence and is irrelevant to the kidnapping charges.
[Hopkins clears throat.]
AUSA Knight makes a valid point.
The real question is did the witnesses actually see Mr.
Cooper inflict these injuries.
Judge Hopkins, we all know it's unlikely that Mr.
Cooper would beat his two-year-old son in front of a crowd of onlookers or burn his wife in public.
BENNY: Your Honor, the jury should be allowed to hear the testimony, review the documents, draw their own inferences.
No, no, no, no, no, no.
I'm-I'm sorry.
I don't agree.
Mr.
Cooper is not on trial here.
And the probative value of what sounds like speculation and-and hearsay is outweighed by the prejudicial effect it's certain to have.
And none of it is relevant as to whether or not your client kidnapped his child, which is the only issue the jury is here to resolve.
Now, I have to agree with prosecution.
Unless these people actually witnessed Mr.
Cooper hurt someone, their testimony is irrelevant.
Do you have any other witnesses you want to present? With Your Honor's permission, we would like to ask for a one-day continuance.
I'd love to confer with my client on next steps.
It's like I told you.
Bottom line is she did it.
She took this man's child.
Kind of impossible to mount a defense against something that's indisputable.
I just heard.
No court today.
They want me to change, take me back to prison.
Is everything all right? We need to talk.
We can press forward.
Mr.
Colón could put you on the stand.
You're really the only witness we have.
Unfortunately, you're not the witness we need.
What do you mean? We need someone who can tell the jury under oath that they've actually seen Mr.
Cooper be physically abusive.
Preferably multiple times.
It's the only thing that's gonna make the jury second-guess the A.
D.
A.
's assertion that you're nothing more than a kidnapper.
With your permission, what I'd like to do is go to the A.
D.
A.
and see if we can't broker some kind of a deal.
She's not a stupid person.
She knows that this hearsay and circumstantial evidence may not hold up in court, but I'm willing to bet she knows there's a whiff of truth to it.
Maybe we can use that to wrestle some favorable terms from her.
Would I still have to go to prison? Yes.
I'm hoping we can keep it to less than five years, as opposed to the ten to 20 you're looking at now.
Oh, my God.
What about Chloe? She'd be returned back to her father.
[sobs.]
She's 15.
If he starts abusing her, it will not stay secret long.
And for what it's worth, your ex-brother-in-law is on notice.
He knows we're all watching.
And would I ever get to see her again? Do I get to see Chloe? [takes deep breath.]
You'd be a convicted kidnapper, so no, I don't think that's at all likely.
[sobbing.]
[seabirds squawking.]
[knocking.]
Mrs.
Cooper? My name is Danny James.
I'm an investigator working on a court case involving your husband and his daughter from a previous marriage.
I'm kind of on vacation with my son.
I don't really want to get involved.
I promise, it'll be two minutes.
Mrs.
Cooper, don't make me get a subpoena.
[door unlocking.]
Can we make this fast? I I promised my little boy I would take him to a water park.
Sure.
And I'm sorry.
Uh, look, we have reason to believe that your husband may have been physically abusive to your little boy.
And to you.
[chuckles.]
: Seriously? That's what you want to talk to me about? Where did you hear that? That's crazy.
Are you married? You ever been married? - No.
- Well, I've only been at it for a few years, but let me tell you two things I know for sure.
One, marriage, like any deal, is filled with lots of good and also some bad.
My boy.
I love my boy.
And that's one of the goods, one of the greats.
And I don't worry much about bills anymore, and you can't hate that, so if my husband comes home sometimes - and he's not in a stellar mood, then - I'm not just talking - about someone in a bad mood, Mrs.
Cooper.
- And the other thing and you ought to know this uh, you can't force me to testify against my own husband.
You can't.
Plus, I don't have anything to testify to.
So are we done here? I can help you.
I can help both of you.
By how? By-by destroying my family? And anyway, like I said isn't what happens between a husband and a wife private? Conversations between spouses are privileged, but not when there are allegations of abuse.
Okay, I think you need to go now.
You wouldn't have to look at him in court.
We could have him sequestered.
And after the trial, my boss and I, we would help you and your little son back on your feet.
And in a safe place, I promise.
That is [takes deep breath.]
if you're willing to testify.
That is if you're willing to admit you actually have something to testify to.
NOAH: Mommy? Oh.
Noah.
Say hello to the nice lady.
[sighs.]
Let me call my mother.
See if she can take my baby.
BENNY: Mrs.
Cooper, I know it's uncomfortable you being here.
We've sequestered your husband as per your request, and, speaking for the defense, we really appreciate you making the trip.
- It's okay.
- Now, when your husband told you he needed to come to New York for a court date, did he explain the nature of the trial? Uh, no, not really.
He said it was a business thing.
So you and your two-year-old son just decided to take a little road trip? Yes.
I just with Jim away I just needed to do some thinking.
Well I'm sorry to have interrupted your trip.
So let me get right into it.
[whispers.]
: Here goes nothing.
BENNY: Mrs.
Cooper, have you ever been afraid of your husband? Yes.
And can you please explain to the jury why? Uh, he yells at me sometimes.
Like when our two-year-old cries.
And he'll, uh, slam doors break things when something upsets him.
And in the past, when something upset him, has he ever gotten physical with you or Noah? This was from a week ago.
[gallery murmuring.]
BENNY: Let the record reflect that the witness is talking about the bruising and swelling on the right side of her face.
And can you please explain the events surrounding the injury? I told Jim I wanted to go back to school, and he started screaming about who would care for Noah.
And then what happened? I I told him that we would figure it out.
A lot of people figure it out.
- And how did he respond? - He balled up his fist and I lost two teeth.
[gallery murmuring.]
BENNY: Now, let's talk about your two-year-old son.
He has his arm in a sling, doesn't he? He does.
And do you know what happened to him? Yes, and no.
I had to work on a Saturday, and Jim stayed home with him.
He wasn't happy about it.
And when I got home eight hours later, they had already been to the emergency room and back.
Apparently, Noah's arm got pulled out of its socket.
[gallery murmuring.]
Jim said they were just horsing around.
What did Noah say? Objection.
Hearsay.
Your Honor, the child is two years old.
Would you really have me call him here - to testify? - [sighs.]
: I'll allow it.
Witness will answer the question.
No, he-he didn't really say anything.
He's only two, and he's very shy.
But every time Jim comes near him, - he hides behind my leg.
- Objection.
Your Honor, this is simply speculation.
It proves nothing.
Objection sustained.
The jury will disregard the witness's testimony with respect to her two-year-old child.
Isn't it true your son had a preschool teacher that expressed concern about visible bruising on the boy's body and brought it to your husband's attention, who responded by withdrawing your child from the school? - Way to slip one in, Benny.
- KNIGHT: Your Honor, objection.
This is just more hearsay masquerading as testimony.
Objection sustained.
Counselor, I know what you're doing.
I don't like it.
Now, I need you to ask questions that pertain only to events that the witness would have seen for herself.
BENNY: Yes, Your Honor.
[whispers.]
: Come on.
They got to be reacting to this.
Indeed they are.
You just flipped two.
Mrs.
Cooper were there any other incidents of physical violence that either involved you or to which you were a direct witness? He, uh burned me.
Here and here.
With cigarettes.
He bit my ear.
I had to get stitches.
Anything else? He kicked me once.
Kicked you where, Mrs.
Cooper? Between my legs.
[gallery murmuring.]
BENNY: And you were able to document each of these incidents? In each case, you went and sought medical attention afterwards? Yes.
Although, I always made up a story as to how I got the injury.
Thank you.
No further questions, Your Honor.
So, you admit you lied about the details when you sought medical help for these so-called injuries? Yes.
I was embarrassed.
So tell me, Mrs.
Cooper, now that we've established that you're an admitted liar, why should we believe anything else you say? For instance, how do we know these injures aren't self-inflicted? Well, I I wouldn't burn my own arm ma'am.
And I'm not even sure how I would bite my own ear.
Not to mention kick myself where I indicated.
Wait, where is Mr.
Colón? Well, he stayed behind to talk to your ex-brother-in-law's new wife.
She wanted to file charges against him, and Benny's offered to put her in touch with the D.
A.
in Florida.
How do I do this? Where do I start? Am I Elena, or do I go back to being Angela? What do people call me? What do I call myself? CHLOE: Mom!
This is SoHo, Chloe.
Still.
[clerk clears throat.]
Ladies, let me know if there's anything I can help you with.
Thank you.
We should probably head back to Brooklyn soon.
Oh, my God, a scarf is $400? Should I get it? What? No.
Your mom will kill you.
NINA: Hey.
I didn't say anything about buying it.
Oh, come on.
Warmth is a fundamental human right.
And I need a scarf.
Relax.
You're gonna attract attention.
NINA: Hey.
You should get those earrings.
They're your favorite color.
I don't think so.
Do you know how cute you'd look with them? Sorry, ladies.
I'm gonna need to see inside those purses.
Good afternoon.
My name is Elena Smith.
I got a phone call that my 15-year-old daughter was arrested for shoplifting? Wait, there must be some mistake.
I'm supposed to meet my daughter in here.
There's been no mistake, Ms.
Smith.
It's you we want to talk to.
I'm Agent Franks with the Federal Bureau of Investigation.
This is Agent Arnold.
Would you please take a seat? Shoplifting? Is that something the FBI gets involved with these days? - Uh, just for the record, you're Chloe Smith's mom? - Yes.
Is she okay? W-What did she do? Chloe's real name isn't Chloe at all, is it? And her last name isn't Smith.
For that matter, I'm guessing neither is yours.
Your daughter, who isn't your daughter, her real name is Sarah Cooper, isn't it? FRANKS: We ran her prints.
She's originally from Clearwater, Florida, and we suspect maybe you are, too.
Your real name's Angela Brown, isn't it? ARNOLD: Ms.
Brown, we've been looking for you and that little girl for an awfully long time.
[knocking on glass.]
- Go away.
- BENNY: No.
Nope.
I need to speak with you.
Have some mercy.
You know I have a two-week-old at home.
I know that.
[knocking on glass.]
She's adorable, but confused.
Doesn't know night from day.
[knocking continues.]
Ugh, come on.
I'm working on 22 minutes' sleep here.
I beg you.
Sorry, Bull.
You know, I just, uh, got off the phone with my financial guy, trying to start a college fund for baby Bull, but I got to have her full name.
They won't let me open up an account without a last name and a first name.
So what's it gonna be? Asa or Ingrid? Remember? You told me you wanted to name her Ingrid, and Izzy wanted to name her Asa.
So where'd you guys end up? We met in the middle.
What? Inga? Astrid.
Ah.
Astrid.
I like it.
Never heard it before, but I like it.
Same here.
[knocking on glass.]
[sighs.]
See what you started? You two boys interested in running up to the Metropolitan Correctional Center late this afternoon, and talking to a woman accused of kidnapping her niece 12 years ago and bringing her up as her daughter? [cell door closes.]
12 years ago, my younger sister Marie died in a car accident.
She had just dropped her three-year-old daughter off at day care.
Sarah.
Sarah Cooper.
Yes.
That was the name she was born with.
Sarah Cooper.
And what about her father? What was going on with Sarah's father after your sister died? My brother-in-law had issues with impulse control.
Struggled with his drinking, with drugs.
He used to beat my sister.
He used to hurt Chloe.
Sarah.
And you witnessed this? I saw the bruises.
But your sister confided in you? She didn't have to confide in me.
S-She didn't have to say it.
She was my sister.
Uh, these bruises, did you ask her about them? I tried.
She'd tell me she walked into a door.
Or when her hand had what looked to me like cigarette burns, she'd tell me she did it to herself on the stove.
Tell me about Sarah.
After Marie died, I noticed she started having bruises.
And did you ask your brother-in-law? The girl's father? He'd tell me Sarah fell down.
"Sarah fell off her big wheel.
" There was always a story.
So, I contacted Florida's Department of Children and Families.
But by the time they came out to investigate, the bruises were almost gone.
I think I reported him five, six times.
And then, one day, I went over there to visit my niece, and they told me she was in the hospital with a broken arm.
Jim said she fell down the stairs.
But when I went to the hospital and asked Sarah what had happened, she wouldn't tell me.
She just looked sad.
She wouldn't say anything.
So, the next morning, I went back to the hospital.
And I told her we were going on a trip.
That was 12 years ago.
Let's talk about the trial.
It's not gonna be easy.
There's no denying what you did.
You took a child who wasn't yours.
A child who still had a parent.
And there's no jury that's gonna have an easy time looking past that, which is why Sarah Chloe is the key to your defense.
The key? How? She was only three when all this happened.
She doesn't remember anything.
Of course.
But surely she has an opinion on you as a mother.
How did she react when you told her you'd been arrested? I told her I'd been called away on a business trip.
I called her friend's parents and asked if she could stay with them for a day or two.
Ms.
Smith, Ms.
Brown, you need to explain to your niece what's really going on here.
That is a conversation that has to be had.
BENNY: Dr.
Bull is right.
She is the most important witness we have.
Now, we're happy to bring Chloe here, tomorrow.
Give you two a chance to talk.
Here? [exhales.]
So I can tell her her whole life's been a fiction? She thinks her father is dead, that he's a war hero, he lost his life in Afghanistan.
Be that as it may, if that girl doesn't tell the jury what a wonderful mother you've been, you will be found guilty.
And the authorities will almost certainly return her to the man you're convinced hurt her.
[crying.]
Tell me you'll call her tonight.
Tell me you'll explain you need to see her.
Okay.
I'll call her.
I'll tell her about the two of you.
That you'll be bringing her to me.
[sniffles.]
But I won't tell her where.
And I won't tell her why.
I I just can't.
BENNY: Here she comes.
[car door opens.]
[sniffling.]
[engine starts.]
You all right? [whispers.]
: It's a lot.
It is.
[sighs.]
I hate to be the naysayer - No, you don't.
- I I don't know how we're supposed to prove abuse that supposedly happened over 12 years ago in a place that's over a thousand miles away.
CHUNK: I don't know.
I mean, the kid did break her arm.
Yeah, but it was a spiral fracture, which is actually pretty common.
It can happen when you yank a toddler's arm or when you're just horsing around, which is what the dad told the doctors.
Speaking of the father Tell us what you know.
His name is Jim Cooper.
Went through kind of a dark period after his wife passed and his daughter disappeared.
Couldn't hold down a job, got himself into a lot of debt.
Lost his house.
Some minor arrests for drunkenness.
Then about eight years ago, he started to pull his life back together.
Bought a water-softening franchise, remarried four years ago, has a two-and-a-half-year-old son, has six employees.
I've dated guys whose bios read worse than this.
Here's the thing.
Bull keeps saying the literature is pretty clear about the fact that abuse tends to be cyclical.
I mean, even though this Jim Cooper remarried You think he's abusing his new wife and kid? Well, I certainly hope not, but he probably had other relationships before he met his current wife.
And if we can establish a pattern of abuse, it would certainly bolster Elena's credibility.
Looks like I'm on a plane to sunny Florida.
BENNY: Do you know what the problem with this case is? Our client did exactly what she's being charged with.
I'm starting to think our only choice might be to embrace that.
[scoffs.]
Why would we do that? To gain credibility with the judge and the jury.
Make a play for a lenient sentence.
Our play is to get her acquitted.
If we have to ask for a lenient sentence, it means we've lost, and our client didn't hire us to lose.
Yeah, but, Bull, there is no defense for this crime.
It's not like we can claim that it was an accident or self-defense or even insanity.
I mean, she's guilty.
She did it.
She kidnapped her niece.
Well, that's where jury nullification comes in.
We've got to convince this jury that the kidnapping law shouldn't apply to Elena's situation.
She wasn't kidnapping her niece; she was rescuing her.
Let the prosecution call it a kidnapping.
We're gonna call it a rescue.
BULL: I need to warn you the first witness to take the stand today is going to be your former brother-in-law.
Whatever you may think about him, we need you to understand the jury will almost certainly empathize with him.
All they're gonna see is a young widower who lost his only child.
Wow.
The bastard sobered up long enough to fly three hours up the coast so he could lie under oath? According to the prosecutor, he's been sober for years.
He's also remarried, owns his own business, has a two-year-old son, and very much wants his daughter back.
Angela, the reason we're telling you this [sighs heavily.]
We need you to be careful not to react when he testifies.
The jury is watching you, they're studying you.
If they see anger, if they see contempt, they're gonna presume that you took this man's child out of spite.
KNIGHT: So you got to the hospital, walked into your daughter's room, and she just wasn't there? Exactly.
And no one no one knew where she was.
So, of course, I went to the police.
KNIGHT: And how long before you figured out that it was probably your sister-in-law who had taken her? Maybe a day.
There was hospital video.
Uh but the thing is, no one realized that she had taken her for good, that she'd left the state.
I kept thinking that she had taken her to the movies or to some theme park to take her mind off of her mother.
Mr.
Cooper.
Did you ever hit your first wife? Never.
KNIGHT: Did you ever strike your daughter Sarah? JIM: Never.
KNIGHT: Mr.
Cooper, if the defendant is found guilty, are you prepared to welcome your daughter back into your home? JIM: Prepared? I have been waiting 12 years for this.
I would do anything to have my child back.
Yes.
[gallery murmuring.]
KNIGHT: No further questions, Your Honor.
Mr.
Colón.
Yes, Your Honor.
Thank you, Your Honor.
[exhales quietly.]
Mr.
Cooper we really appreciate you coming all this way to share your recollections.
Recollections? I I-I'm talking about my family.
I'm talking about my blood, my-my child.
Yes, yes, of course, of course, but [sighs.]
12 years is a long time.
A lot has changed.
Right? You're remarried, you have a two-year-old at home I never stopped looking.
I I never gave up.
BENNY: If you say so, sir.
Now you were unemployed at the time your daughter disappeared, - weren't you? - Yes, I I had a tough time after my wife died.
Completely understandable.
Although, our records indicate that you were having a tough time even before your wife passed away, pretty much beginning with the birth of your first child, Sarah.
Objection, Your Honor.
Is counsel asking a question or testifying? Ask a question, Mr.
Colón.
Absolutely, Your Honor.
My apologies, Your Honor.
[clears throat.]
: Uh approximately how many jobs would you say you held during the three-year period starting from the birth of your first child to the date that she disappeared? I don't know, I was still a young man, still trying to find myself.
Yeah, I get it.
I'm just looking for a number, sir.
Three, maybe.
Three.
Three jobs in three years.
That's what you're testifying to? Could be four.
Objection, Your Honor.
Relevance? Your Honor, the defense is just trying to illustrate to the jury that my client has never denied that she did what she did; the issue in this trial is why she did it.
And that's all we are attempting to illuminate, Your Honor.
Objection overruled.
You may proceed.
Yeah.
Now, I'll ask just one more time.
How many jobs did you hold during the three-year period after your daughter's birth? Five.
Five.
Really? Huh.
Our records show 11, sir.
[gallery murmuring.]
Do you care to venture as to how many alcohol-related arrests during that period? - I imagine you have that number as well.
- Oh, I do, I do, and it's almost as high as the number of jobs lost.
Again, beginning with the birth of your first child, you were also on periods of federal assistance, were you not? Yes.
I was on assistance, but I'm not any longer.
I haven't been for years.
In fact, you remained on assistance for almost 18 months after your daughter's disappearance, right? - Yeah.
So? - And isn't it also true that you never mentioned to your caseworker that your daughter was gone, so that you can continue to receive that extra assistance the government pays to families with minor children? [gallery murmuring.]
How's the view? MARISSA: Nobody is switching sides yet, but I can see we definitely have - their attention.
- BENNY: I'm sorry, I I didn't hear what you said.
Like I said, it was a difficult time.
Ah.
I made some mistakes.
I didn't attend to certain things that needed attending to.
I won't deny that.
But I was a little busy putting up posters on telephone polls spending my days looking for my child.
BENNY: Be that as it may, you accepted federal funds under false pretense, - didn't you? - Objection.
Asked and answered.
Objection sustained.
Ask another question.
Actually, I have no further questions, Your Honor.
[gallery murmuring.]
I'm worried.
I haven't heard from Chloe since yesterday.
That's funny, she missed her appointment with Chunk this morning to go over her testimony.
BAILIFF: All rise for the Honorable Judge Hopkins.
KNIGHT: Ms.
Lawson, thank you for making the trip up from Florida.
Now, in 2008, you were the Florida Child Services investigator assigned to Sarah Cooper's case.
- Isn't that correct? - Yes.
And apparently, you were called to the home a number of times.
I was.
Her aunt [sighs.]
the defendant seemed convinced that there was some sort of abuse going on in the household.
So you investigated? I did.
And what did you discover? I found some minor issues with hygiene.
- How do you mean? - The kitchen sink had dirty dishes in it.
Sarah's clothes hadn't been washed in a while.
Pretty standard stuff.
And frankly, to be expected in a household - where the mother had just passed.
- And wasn't there also some concern about a bruise or bruises on her arms and legs? Again, concerns from the defendant.
But when I saw the child, it was hard to determine exactly what we were looking at.
Now, the law requires us to open an investigation 24 hours after someone files a concern, and we did that.
But it did take us a couple of days to get out there.
And do you think that might have accounted for your inability to recognize these bruises or marks as evidence of abuse? Honestly, no.
Generally speaking, in child welfare cases, you're almost always talking about injuries that are profound enough to still be in evidence 72, even 96 hours later.
So you saw nothing that gave you cause to consider removing the child - from the home? - Oh, gosh, no.
That is always a last resort.
My feeling was that it would be best to continue to monitor the case, check back with the family bimonthly, so that's what we did.
And when the child was brought to the hospital with a broken arm? We got there as quickly as we could.
But unfortunately, when we arrived, the hospital had just discovered that she was missing.
[gallery murmuring.]
No further questions, Your Honor.
MARISSA: I'm sure I don't need to tell you we didn't win any friends - with that testimony.
- BULL: Hey.
The inning's not over until both sides have been up to bat.
BENNY: Ms.
Lawson, you have a really difficult job, don't you? It's not the easiest.
In fact, even over a decade ago, while you were in the midst of the Sarah Cooper case, you were carrying double the recommended number of cases, isn't that right? Goes with the territory.
At least in Florida.
Now, Ms.
Lawson, after Mrs.
Cooper passed away and during the time Sarah was living with her father, were you aware of any children in the state of Florida that died as a result of abuse while being actively monitored by your agency? Sadly, I'm sure some did.
I couldn't give you a number.
We are talking about 12 years ago.
Indeed.
Would it surprise you to learn that 12 years ago, that number was actually 79? [gallery murmuring.]
79 children died as a result of abuse while being actively monitored by Florida Child Service investigators.
Now, how long do you think the defendant should have waited? Objection.
Calls for speculation.
How long should the defendant have waited before her sister's child was number 80? [gallery murmuring.]
[gavel banging.]
HOPKINS: Mr.
Colón.
You are out of order.
Now the jury will ignore that last question.
I apologize, Your Honor.
Actually, I have no further questions at this time.
Does the prosecution have any further questions for this witness? Not at this time, Your Honor.
Then the witness is excused.
Please call your next witness.
The prosecution would like to call Sarah Cooper to the stand.
[gallery murmuring.]
What was it like to find out your name wasn't your name, your mother wasn't your mother? It's hard to describe.
KNIGHT: Were you surprised to learn that your biological father was alive, after being told for so many years that he had died in Afghanistan? Of course.
And what were you thinking, when you sat here in this courtroom two days ago and watched him, very much alive, testify about how much he loved you and missed you? Just that I wanted to talk to him.
Get to know him a little bit.
KNIGHT: Now, let's talk about your aunt.
After years of telling you that she was your mother, that your father had died overseas, what did she tell you about your father once she admitted that he was, in fact, alive? What did she offer as an excuse for taking you from him? For keeping you from him? She said that he hurt my real mother.
She said that he hurt me.
He broke my arm.
Did you believe her? Objection.
Calls for speculation.
The attorney is badgering the witness.
And I question the relevance of this whole line of questioning.
KNIGHT: I'll withdraw the question, Your Honor.
But if I may just ask one more thing.
Sarah, are you open to the possibility of a relationship with your father now that you know that he is alive? I guess so.
He seems nice.
And I'd kinda like to know what it's like to have a father.
[gallery murmuring.]
KNIGHT: No further questions, Your Honor.
Chloe Is it okay if I call you Chloe? Would you rather I address you as Sarah? Chloe's okay.
I'm kinda used to Chloe.
Chloe it is.
Now, why do you think your mother made you believe your father was a war hero? I don't know.
I guess so I'd respect him, feel good about him.
And did she ever say anything negative about him prior to the police charging her with kidnapping? No.
Never.
Actually, she always talked about him like he was pretty amazing.
And would you say you've been well-cared-for these past 12 years? Well-clothed? Well-fed? Did you feel loved? I did.
Yes.
And didn't your mother put you in private school? Encourage you to learn the violin? Teach you Spanish and French? You mean my aunt? Yes, she's been a wonderful parent to me.
And you're old enough to understand that [inhales.]
private school, tutors, music lessons all of that costs money.
And who was it that was paying for it? My aunt.
And, lastly, have you ever known your aunt to be violent or aggressive? No.
Did she ever hit you? No.
- She ever curse at you? - No.
Raise her voice? Once or twice.
But I probably deserved it.
Do you think she loves you? Uh, yes.
[voice breaking.]
: I know she does.
BENNY: Thank you.
No further questions, Your Honor.
Give me a burp.
[cooing.]
I can't put you down till I get a burp.
[passes gas, coos.]
Hey.
That was the wrong end.
[cooing.]
Come on.
I need a burp.
Here we go.
That's a girl.
Give me a burp.
I [phone vibrating.]
[quietly.]
: Hello, Marissa.
Am I catching you at a bad time? No, I'm just trying to wrap up the 10:00 p.
m.
feeding here in Astrid-land.
Intake went well.
We're just working on some outbound action.
What's up? Danny just called from Florida.
She's found two people that seem to corroborate Elena's story about Jim.
One is a teacher at a preschool that Jim's two-year-old attended.
That is until she asked questions about bruises - the little boy started showing up to school with.
- Shh And she also found a dermatologist his new wife was seeing.
Apparently, she has something to say as well.
Both are willing to fly up to testify.
Well, why don't you e-mail me all the pertinent details, and Benny and I will add 'em to the witness list tomorrow morning.
Did Danny find the wife yet? She thinks she might be away on business, - but she's still looking.
- Okay.
Ooh, I felt that.
I got to go.
KNIGHT: Your Honor, these new witnesses aren't witnesses.
BENNY: Excuse me, but the prosecution has rested.
It is now time for the defense to present ourdefense, which is what we're trying to do right now, Your Honor.
Your Honor, not only have we had no time to prepare Oh, take all the time you need.
Your Honor [sighs.]
The charges before the court - are extremely serious - Which is why these witnesses are so important, Your Honor.
They directly contradict Jim Cooper's testimony.
He said under oath that he has never physically abused anyone.
Well, we have records from Jim Cooper's two-year-old son's former preschool teacher, who noticed fresh bruises on the boy.
And when she confronted him about the bruises, the teacher said that he abruptly pulled the kid from the school.
In other words, she witnessed nothing.
And, secondly, the current Mrs.
Cooper's dermatologist treated her for a burn on her forearm, which she suspected was from a cigarette, less than four weeks ago.
Again, this is circumstantial evidence and is irrelevant to the kidnapping charges.
[Hopkins clears throat.]
AUSA Knight makes a valid point.
The real question is did the witnesses actually see Mr.
Cooper inflict these injuries.
Judge Hopkins, we all know it's unlikely that Mr.
Cooper would beat his two-year-old son in front of a crowd of onlookers or burn his wife in public.
BENNY: Your Honor, the jury should be allowed to hear the testimony, review the documents, draw their own inferences.
No, no, no, no, no, no.
I'm-I'm sorry.
I don't agree.
Mr.
Cooper is not on trial here.
And the probative value of what sounds like speculation and-and hearsay is outweighed by the prejudicial effect it's certain to have.
And none of it is relevant as to whether or not your client kidnapped his child, which is the only issue the jury is here to resolve.
Now, I have to agree with prosecution.
Unless these people actually witnessed Mr.
Cooper hurt someone, their testimony is irrelevant.
Do you have any other witnesses you want to present? With Your Honor's permission, we would like to ask for a one-day continuance.
I'd love to confer with my client on next steps.
It's like I told you.
Bottom line is she did it.
She took this man's child.
Kind of impossible to mount a defense against something that's indisputable.
I just heard.
No court today.
They want me to change, take me back to prison.
Is everything all right? We need to talk.
We can press forward.
Mr.
Colón could put you on the stand.
You're really the only witness we have.
Unfortunately, you're not the witness we need.
What do you mean? We need someone who can tell the jury under oath that they've actually seen Mr.
Cooper be physically abusive.
Preferably multiple times.
It's the only thing that's gonna make the jury second-guess the A.
D.
A.
's assertion that you're nothing more than a kidnapper.
With your permission, what I'd like to do is go to the A.
D.
A.
and see if we can't broker some kind of a deal.
She's not a stupid person.
She knows that this hearsay and circumstantial evidence may not hold up in court, but I'm willing to bet she knows there's a whiff of truth to it.
Maybe we can use that to wrestle some favorable terms from her.
Would I still have to go to prison? Yes.
I'm hoping we can keep it to less than five years, as opposed to the ten to 20 you're looking at now.
Oh, my God.
What about Chloe? She'd be returned back to her father.
[sobs.]
She's 15.
If he starts abusing her, it will not stay secret long.
And for what it's worth, your ex-brother-in-law is on notice.
He knows we're all watching.
And would I ever get to see her again? Do I get to see Chloe? [takes deep breath.]
You'd be a convicted kidnapper, so no, I don't think that's at all likely.
[sobbing.]
[seabirds squawking.]
[knocking.]
Mrs.
Cooper? My name is Danny James.
I'm an investigator working on a court case involving your husband and his daughter from a previous marriage.
I'm kind of on vacation with my son.
I don't really want to get involved.
I promise, it'll be two minutes.
Mrs.
Cooper, don't make me get a subpoena.
[door unlocking.]
Can we make this fast? I I promised my little boy I would take him to a water park.
Sure.
And I'm sorry.
Uh, look, we have reason to believe that your husband may have been physically abusive to your little boy.
And to you.
[chuckles.]
: Seriously? That's what you want to talk to me about? Where did you hear that? That's crazy.
Are you married? You ever been married? - No.
- Well, I've only been at it for a few years, but let me tell you two things I know for sure.
One, marriage, like any deal, is filled with lots of good and also some bad.
My boy.
I love my boy.
And that's one of the goods, one of the greats.
And I don't worry much about bills anymore, and you can't hate that, so if my husband comes home sometimes - and he's not in a stellar mood, then - I'm not just talking - about someone in a bad mood, Mrs.
Cooper.
- And the other thing and you ought to know this uh, you can't force me to testify against my own husband.
You can't.
Plus, I don't have anything to testify to.
So are we done here? I can help you.
I can help both of you.
By how? By-by destroying my family? And anyway, like I said isn't what happens between a husband and a wife private? Conversations between spouses are privileged, but not when there are allegations of abuse.
Okay, I think you need to go now.
You wouldn't have to look at him in court.
We could have him sequestered.
And after the trial, my boss and I, we would help you and your little son back on your feet.
And in a safe place, I promise.
That is [takes deep breath.]
if you're willing to testify.
That is if you're willing to admit you actually have something to testify to.
NOAH: Mommy? Oh.
Noah.
Say hello to the nice lady.
[sighs.]
Let me call my mother.
See if she can take my baby.
BENNY: Mrs.
Cooper, I know it's uncomfortable you being here.
We've sequestered your husband as per your request, and, speaking for the defense, we really appreciate you making the trip.
- It's okay.
- Now, when your husband told you he needed to come to New York for a court date, did he explain the nature of the trial? Uh, no, not really.
He said it was a business thing.
So you and your two-year-old son just decided to take a little road trip? Yes.
I just with Jim away I just needed to do some thinking.
Well I'm sorry to have interrupted your trip.
So let me get right into it.
[whispers.]
: Here goes nothing.
BENNY: Mrs.
Cooper, have you ever been afraid of your husband? Yes.
And can you please explain to the jury why? Uh, he yells at me sometimes.
Like when our two-year-old cries.
And he'll, uh, slam doors break things when something upsets him.
And in the past, when something upset him, has he ever gotten physical with you or Noah? This was from a week ago.
[gallery murmuring.]
BENNY: Let the record reflect that the witness is talking about the bruising and swelling on the right side of her face.
And can you please explain the events surrounding the injury? I told Jim I wanted to go back to school, and he started screaming about who would care for Noah.
And then what happened? I I told him that we would figure it out.
A lot of people figure it out.
- And how did he respond? - He balled up his fist and I lost two teeth.
[gallery murmuring.]
BENNY: Now, let's talk about your two-year-old son.
He has his arm in a sling, doesn't he? He does.
And do you know what happened to him? Yes, and no.
I had to work on a Saturday, and Jim stayed home with him.
He wasn't happy about it.
And when I got home eight hours later, they had already been to the emergency room and back.
Apparently, Noah's arm got pulled out of its socket.
[gallery murmuring.]
Jim said they were just horsing around.
What did Noah say? Objection.
Hearsay.
Your Honor, the child is two years old.
Would you really have me call him here - to testify? - [sighs.]
: I'll allow it.
Witness will answer the question.
No, he-he didn't really say anything.
He's only two, and he's very shy.
But every time Jim comes near him, - he hides behind my leg.
- Objection.
Your Honor, this is simply speculation.
It proves nothing.
Objection sustained.
The jury will disregard the witness's testimony with respect to her two-year-old child.
Isn't it true your son had a preschool teacher that expressed concern about visible bruising on the boy's body and brought it to your husband's attention, who responded by withdrawing your child from the school? - Way to slip one in, Benny.
- KNIGHT: Your Honor, objection.
This is just more hearsay masquerading as testimony.
Objection sustained.
Counselor, I know what you're doing.
I don't like it.
Now, I need you to ask questions that pertain only to events that the witness would have seen for herself.
BENNY: Yes, Your Honor.
[whispers.]
: Come on.
They got to be reacting to this.
Indeed they are.
You just flipped two.
Mrs.
Cooper were there any other incidents of physical violence that either involved you or to which you were a direct witness? He, uh burned me.
Here and here.
With cigarettes.
He bit my ear.
I had to get stitches.
Anything else? He kicked me once.
Kicked you where, Mrs.
Cooper? Between my legs.
[gallery murmuring.]
BENNY: And you were able to document each of these incidents? In each case, you went and sought medical attention afterwards? Yes.
Although, I always made up a story as to how I got the injury.
Thank you.
No further questions, Your Honor.
So, you admit you lied about the details when you sought medical help for these so-called injuries? Yes.
I was embarrassed.
So tell me, Mrs.
Cooper, now that we've established that you're an admitted liar, why should we believe anything else you say? For instance, how do we know these injures aren't self-inflicted? Well, I I wouldn't burn my own arm ma'am.
And I'm not even sure how I would bite my own ear.
Not to mention kick myself where I indicated.
Wait, where is Mr.
Colón? Well, he stayed behind to talk to your ex-brother-in-law's new wife.
She wanted to file charges against him, and Benny's offered to put her in touch with the D.
A.
in Florida.
How do I do this? Where do I start? Am I Elena, or do I go back to being Angela? What do people call me? What do I call myself? CHLOE: Mom!