Law & Order (1990) s23e09 Episode Script
Family Ties
1
In the criminal justice system,
the people are represented
by two separate, yet
equally important groups:
the police, who investigate crime,
and the district attorneys,
who prosecute the offenders.
These are their stories.
Do you solemnly swear
that the testimony you give
to this federal grand jury will be
the truth and nothing but the truth,
so help you God?
So help me God.
Please be seated.
[TENSE MUSIC]
Are you here under subpoena?
Yes.
And you are not represented by counsel?
They told me I didn't need one.
You understand that your
testimony is being recorded
and everything you say
is subject to the pains
and penalties of perjury?
♪
I'm here to tell the truth.
But I do have one question.
Yes?
He doesn't know I'm here, does he?
♪
[INDISTINCT RADIO CHATTER]
♪
What do we got?
Eileen Porter.
32 years old, blunt-force
trauma to the head.
Guy in the gurney?
Her husband, Tom Porter.
We found him unconscious.
Still breathing.
There's a spare room back there.
Does anybody else live here?
Neighbor's saying they use
it as a kind of home office.
Looks like we got a
lot of dried blood here.
Must have been here a few hours.
MLI says it happened sometime
between 8:00 p.m. and midnight.
Any witnesses?
No.
How about cameras in the building?
Nope.
Unis are out checking street footage.
No signs of forced entry?
Locks are undisturbed.
Well, nothing seems out of place.
So probably not looking at a robbery.
Her coat's still on.
The killer could be someone
they know and invited in.
Maybe somebody followed them inside.
I found this in the trash.
Looks like someone
tried to rinse it off,
but there are definitely
still traces of blood.
Let's get that tested
for DNA and prints.
Who found them?
Neighbor said they
heard their dog barking.
They said it went on for hours.
She finally called 911 to
make sure everything was OK.
Well, everything was definitely not OK.
♪
[DRAMATIC MUSIC]
♪
I wish I'd called the police sooner.
Did you happen to see
or hear anything unusual?
Just the dog barking.
Anyone coming or going from
the apartment last night?
I wouldn't know. I live upstairs.
Did anyone have a problem
with Tom or Eileen?
Maybe someone that
lived in the building?
They were both so polite.
Tom works for a nonprofit.
Eileen is in public service.
She's an aide to that
congressman, you know,
the, uh, family values guy.
Might have to be a little
more specific about that one.
Rhett Richards. That's his name.
Tom Porter's got a serious head wound.
He's in surgery right now.
Doctors haven't determined
the full extent of his injuries yet.
Did forensics get back
to us on the hammer?
Yeah, DNA shows that the blood
came from three sources
Tom, Eileen, and a third
subject not in the system.
So our killer must have
been cut in the scuffle,
which gives us something to work with.
Computer crimes has been
analyzing Eileen's devices.
And when they were looking
at her phone, it rang.
Who was it?
Federal prosecutor.
I called him, but I got the runaround.
Those guys wouldn't tell
you if your coat was on fire.
They're claiming grand jury
secrecy, but I looked him up.
He works in the Public Corruption Unit.
Yeah, and Eileen worked
for Congressman Richards.
I just read an article in the "Post"
about the turnover in his office.
His chief of staff resigned,
and she refused to say why.
Hmm.
I bet she'll be a little
bit more forthcoming
if you two paid her a visit.
Eileen told me she saw something weird
in the congressman's finance reports.
What do you mean by weird?
The congressman used campaign funds
to pay for his wife's Botox.
Eileen thought maybe it was a mistake.
So she did a little digging,
found out he was using
the campaign credit card
for expensive dinners,
trips to the Caribbean,
luxury car leases,
jewelry for his wife,
himself, and his mistress.
So what did Eileen do?
She called the FBI.
And then we both resigned.
Did Eileen speak to
a federal prosecutor?
She was supposed to testify against
the congressman in the grand jury.
Did the congressman know that?
Two nights ago, I was
at Eileen's apartment.
He called her.
Said if she kept lying
about him, she'd regret it.
[TENSE MUSIC]
Mr. Family Values.
♪
At the end of the day,
the only thing that matters,
really matters,
is our family and our faith
and how we marry those values
as we navigate the world.
In my house, we swear
by the Golden Rule
do unto others as you'd
have them do unto you.
Thank you.
[APPLAUSE]
- Thank you.
- Thank you.
Thank you so much for being here.
Thank you.
Congresswoman Richards?
I'm Detective Jalen Shaw.
This is Detective Vincent Riley.
Yes?
Is there somewhere we can
go and speak in private?
Now's not a good time.
We're asking for your
cooperation, Congressman.
Trying to make a federal case out of
a couple of trips to Aruba
and a tennis bracelet?
We are not here about
some trips or a bracelet.
No, but if you don't
want to come voluntarily,
we could always set you up
with a pair of our bracelets.
♪
Right this way.
♪
I'm sorry to hear Eileen died,
but I had nothing to do with it.
She was testifying against
you in the grand jury, right?
You threatened her and
told her not to cooperate.
Then 24 hours later, she winds up dead.
You realize you're speaking
with a United States
congressman, accusing him of murder?
We're just laying out
the facts, counselor.
Look, the investigation into my
expenses is a total witch hunt.
So you're not concerned
about the grand jury?
Yeah. Not one bit.
In fact, I'd welcome a public trial.
Probably rile up the base,
give me a boost in the polls.
Wow, good for you.
That being said, where
were you last night
between 8:00 p.m. and midnight?
At a fundraising event.
With about a dozen donors.
- And my wife.
- We'll look into that.
In the meantime, will
you consent to a DNA swab?
Like I said, I have nothing to hide.
Let's assume for now
that you're not involved.
Do you have any thoughts
about who might have
wanted to kill Eileen?
[GROANS]
Well, a couple of days ago,
one of my volunteers went
out to lunch with her.
She said a man came in, saw Eileen,
and started swearing, yelling.
It almost got physical.
We'll need the name of that
volunteer and the restaurant.
Oh, yeah.
Yeah, I remember her.
She was having lunch.
This guy came in, drunk,
holding a can of beer.
Brought his own beer?
That's dedication.
Yeah, he he was very aggressive.
He beelined to this
woman and yelled at her.
Did you hear what he said?
Something about money, how
she stole from him or
anyway, he put the can
down, lunged at her,
and then two waiters had to intervene.
Nobody called the police?
I offered, but the lady
said she'd handle it.
So she left, and the
guy followed her outside.
And you have no idea who this guy was?
No.
Do you still have that beer can?
You know, recycling isn't
picked up till tomorrow,
and we don't sell cans of beer.
So it'd be the only one in there.
All right. Thank you.
So where are we?
Spoke to the hospital.
Tom Porter is now in a
medically induced coma.
He's got a brain bleed.
Is he gonna make it?
Doctor says it's 50/50.
Lab pulled prints off of the beer can.
They belong to Kevin Marshall,
date of birth 7/11/89.
Get this Eileen's brother.
Does he have a rap sheet?
He sure does.
Public intoxication, DUI,
and one assault conviction
for what looks like a bar fight.
This is interesting.
Looks like he filed a civil lawsuit
against Eileen a couple months ago
- in probate court.
- Hmm.
Do we have an address,
know where he works?
He's a set carpenter at a
theater off of Christopher Street.
[SAW BUZZING]
Kevin Marshall?
Yeah? What's this about?
Step this way.
We need to talk to you
about your sister, Eileen.
Are you kidding me?
That bitch called the police on me?
So I'm guessing you
two not so close, huh?
Look, guys.
Where's your hammer?
Uh, I don't know.
We borrow each other's tools.
- What's going on?
- Let's find a place to talk.
[SIGHS]
Seems like you were
pretty mad at your sister.
Eileen and I had our differences,
but she was the only family I had.
You filed a lawsuit against her.
What was that about?
Our parents are both gone.
They left us about a 100 grand each.
My parents appointed Eileen trustee,
and she wanted to give
me a monthly allowance.
I've had some problems with addiction,
but I felt like I should be
able to handle my own money.
So you guys had a
contentious relationship?
Yeah, but I didn't kill her.
Where were you two nights ago
between the hours of
8:00 p.m. and midnight?
Here, breaking down the
set until about 2:00 a.m.
with about 20 other people.
Would you be willing to take a DNA test?
Sure.
I want to know who killed my sister too.
OK.
All right, Kevin, think.
Do you know of anyone who might
have wanted to hurt your sister?
The last decent conversation we had,
Eileen said she was volunteering
at a homeless shelter.
She'd hired one of the
guys to do odd jobs.
And what makes you think this
guy had something to do with it?
He was an ex-con. Did time for burglary.
I told I told her it was dangerous,
letting strangers into
her place like that,
but she never listened to me.
Do you know what shelter
she was volunteering at?
No, but it was near her apartment.
OK.
Benny Kramer?
NYPD.
- Come with me.
- For what?
Get up.
Come on. Come on.
Let me ask you a question.
How many times have you been
in Eileen Porter's apartment?
All, right, listen, man.
This can go one of two ways, OK?
You can talk to us, or we
can call your parole officer
and get him involved.
I'll pay back the money.
The tell us about that.
Last time I was at Eileen's,
I saw a couple of 20s on the counter,
and I pocketed the bills.
I didn't think that she'd report me.
I'll pay her back.
See, that's not possible.
Benny, Eileen's dead,
killed two nights ago
in her own apartment.
She had her head bashed in.
Where were you two nights ago?
Same place I always am, this shelter.
Check the logs.
We will.
Is Eileen's husband OK?
He's in a coma, so no, he's not OK.
What about the other woman?
Other what what
are you talking about?
What other woman?
The one that lives in the guest room.
I painted it last week.
Look, I took a picture.
[TENSE MUSIC]
See?
Is that the woman there?
Yes.
Do you know her name?
Uh, no, I never really met her.
♪
Guys, how'd you make out
at the Porters' apartment?
Found a hairbrush in the guest room.
It matches the unknown
DNA of the hammer.
We don't have a hit in the profile yet.
Somebody's got to know who she is.
Check this out.
I was looking into the
Porters' financials,
thinking maybe somebody
was paying them rent.
Came up empty on that front,
but I found something that's just
it's off.
A few months ago, it looks
like Tom wired somebody $50,000.
50K?
For a guy who works in nonprofit,
that's a lot of money.
- Exactly.
- Who'd he send it to?
Looks like a company called
Family Services Consulting.
The owner's name is Pavlo Golub.
There's a business with
that name in Staten Island.
Found the website.
"Think you can't afford a family?
Think again.
I can help make your dreams come true."
So what?
So Tom Porter sends $50,000
to some cut-rate adoption agency?
I smell a field trip.
Hop on the ferry, go find out.
I'm a family services
consultant, you know,
like a matchmaker.
I help families who want children
but can't afford the
services in this country.
I find them pregnant women
or surrogates in Ukraine.
We know the Porters wired you 50 grand
a couple months ago, yeah?
Were they looking to adopt a child?
Sorry, I don't want to
betray any confidences.
Can you just ask him?
We'd like to,
but somebody put a
hammer through his skull,
so now he's in a coma.
The Porters were
looking for a surrogate.
And you charged them $50,000?
Yes.
40 for me, 10 for her.
[WHISTLES]
[SCOFFS]
Well, that's a hell of a business plan.
The woman carries the
baby for nine months
and you pocket 80% of the fee?
$10,000 to a woman in
Ukraine is life-changing.
So you connected them to
a surrogate in Ukraine?
Exactly.
Where is this woman now?
After the pregnancy took,
we arranged with the Porters
to have her come here to
live with them in America.
We'll need a name.
You need more information,
you're gonna have to have a subpoena.
Darina Meleshko.
That's the name of
the Porters' surrogate.
She's 24 years old. She's from Kyiv.
She's here on a travel
visa, and she used
the Porters' address
on her visa application.
So she's the one who was
living in the guest room?
For all we know, she
might be our killer.
All right, when's the last
time anybody had eyes on her?
Actually, she opened up a
new bank account yesterday,
deposited a check for $2,000.
Where'd the money come from?
A guy named Dennis Leverett.
He lives in Riverdale.
Well, let's see if he
knows where to find her.
Sure, we know Darina.
She just moved into our guest room.
Yeah, and how do you know her?
A friend of a friend
told us about Pavlo Golub.
He introduced us to Darina.
We're going to adopt her baby.
She told you it was her baby?
Pavlo said she was pregnant,
not in a position to care for a child.
It's a girl.
And how much did you pay Pavlo?
$250,000.
[TENSE MUSIC]
It's the going rate.
♪
And he never mentioned
anything about another couple?
No, why?
Do you know where Darina is right now?
We sent her on a staycation for
a couple of days at a nice hotel.
♪
[DRAMATIC MUSIC]
♪
Darina Meleshko, we've
got some questions for you.
Whoa, whoa, whoa, whoa.
Hey, hey, don't move, all right?
We just want to talk to you.
Please don't hurt my baby.
How'd you get that gash on your hand?
What do you want?
You can start by telling
us how your DNA got
on the hammer that killed Eileen Porter.
No, no, no, no, no,
that's not happening.
- That's not happening.
- Don't do that. Don't do that.
Darina Meleshko, you are
under arrest for murder.
- No.
- Come on.
Please don't hurt my baby.
Ah! Oh!
- Whoa.
- Stop.
Whoa, whoa, whoa,
whoa, whoa, whoa, whoa.
- Hey.
- I think I'm going into labor.
- Oh, oh.
- OK.
- I need to go to a hospital.
- All right. OK. All right.
- Oh, oh, please.
- Hold on.
Oh, I'm serious.
Oh! Call an ambulance.
No, no, no, we can get you there faster.
Let's go. Come on. Come on.
Calling docket ending in 9076,
People versus Darina Meleshko.
Charging one count of
murder in the second degree
and one count of attempted
murder in the second degree.
How do you plead?
My client pleads not guilty.
I'll hear you on bail.
Your Honor, there are two
victims in this case
Eileen Porter, who
was brutally murdered,
and her husband, Tom, who was recently
released from the hospital.
The defendant was a surrogate
for Tom and Eileen Porter,
but after she got
pregnant with her embryo,
she sold their baby to another couple
who could afford to
pay a lot more money.
On the day of the
murder, the Porters caught
the defendant moving out of their home.
The victims told her she
could not leave with their baby
and threatened to call the police.
So she killed Eileen
and tried to kill Tom.
That's pure conjecture.
The murder weapon, a hammer,
had both victims' and the
defendant's blood on it.
She had a cut on her hand
when she was arrested.
She had motive and opportunity,
and she's a flight risk.
People seek remand.
Ms. Stratford?
My client is not a flight risk.
She has no money, no resources,
and nowhere to go.
Your Honor, my client
gave birth four days ago.
She's nursing a newborn.
She can do that in
the nursery at Rikers.
The defendant's remanded.
[GAVEL BANGS]
[TENSE MUSIC]
♪
You're really gonna send her to Rikers?
She tried to sell the Porters' baby,
then bashed them in their heads.
This has all been a
terrible misunderstanding.
A misunderstanding?
Pavlo Golub lied to Darina.
He told her the Porters
were having second thoughts,
that they weren't even sure
they wanted to raise the child anymore.
He said he found a loving couple,
and Darina trusted him.
Have some compassion, Sam.
♪
What's this?
♪
Your Honor, I filed a motion to suppress
the so-called murder weapon.
On what grounds?
The search and seizure was in
violation of the Fourth Amendment
to the United States Constitution.
Where was the evidence found?
It was a hammer found in a trash
can at the Porters' apartment.
The police shouldn't
have touched it until
they had obtained a search warrant.
We shouldn't even be
having this discussion
because the defendant has no standing.
Only the lawful
residents of the apartment
have the right to challenge the search.
At the time of the seizure,
my client was still
living in the apartment.
Some of her personal items
were in the spare bedroom.
Was she on the lease?
No.
She lived there for two months.
She had her own set of keys.
She hadn't filed a change of
address with the post office.
She was in the process of relocating
but hadn't officially moved.
It's a close call.
But I find that the defendant still had
a reasonable expectation
of privacy in the home.
The motion to suppress is granted.
We lost the murder weapon,
which is a huge blow to the case.
So what else do you have?
Who's your strongest witness?
The baby broker, Pavlo Golub,
the man who arranged the surrogacy.
He can testify to Darina's state of mind
that she was a willing participant,
that she agreed to pretend
the baby was her own.
Isn't Golub part of the scam?
He wasn't just part of it.
He was the mastermind.
But he didn't kill anyone.
The problem is that he's
demanding full immunity.
Golub has run this con on
two other desperate families
with two other desperate refugee women.
We can't just give him a free pass.
I agree.
My sister adopted a child from China.
She was so anxious and vulnerable.
To prey on people looking
to create a family,
it's repugnant.
I'm not gonna reward someone like that.
In fact, I want to open
up a case against him.
The victim's husband's gonna
be your most emotional witness.
Kick off your trial with him.
♪
Eileen and I met during freshman
orientation at Georgetown.
It was one of those "love
at first sight" moments.
And you wanted to start a family?
Eileen had survived childhood cancer.
She couldn't carry a baby,
so we arranged to have our
embryo implanted in a surrogate.
That surrogate being the
defendant, Darina Meleshko?
Yes.
Do you have any memory of what happened
between you, your
wife, and the defendant
on January 15th of this year?
The last thing I remember
is coming home from dinner.
Eileen went to see Darina to
let her know that we were home,
see if she needed anything.
- Was Darina there?
- I can only guess.
Like I said, I don't remember.
We trusted her,
welcomed her into our home,
treated her like family.
I I can't believe that she would
do something like this to us.
Objection. Not relevant.
My baby is living in a prison.
- Your Honor!
- Mr. Porter.
Please, Darina, just let me see her.
I just want to hold her.
Mr. Porter, there's no
question before you, sir.
♪
Anything else, Mr. Price?
No, I have nothing further.
Cross examination.
♪
Is it possible that
you startled my client,
scared her, yelled at her?
I never raised my voice with her before.
But you must have been angry
to see that she was leaving.
You you could have threatened her.
I may have been angry.
I doubt I threatened her.
But you can't swear to that?
♪
Correct, I can't.
♪
Did Darina tell you
about her life in Ukraine?
A little.
Did she talk about the Russian soldiers?
Yes, she did.
The constant barrage of gunfire,
the unrelenting bombings?
She did.
Did Darina tell you
she witnessed the death
of her husband and young son?
Your Honor, I fail to see the relevance.
Sustained.
Anything else?
No, thank you.
Dr. Thomas, did you perform the autopsy
on the victim in this
case, Eileen Porter?
I did.
What did you determine
to be the cause of death?
Blunt-force trauma to the head.
Could you describe the nature and
severity of Ms. Porter's wounds?
She had eight separate and
distinct attacks on her skull.
And is it true that any
one of those head wounds
could have killed Ms. Porter?
That is my opinion, yes.
So would you characterize this attack
as unnecessarily vicious?
I would.
Thank you, Doctor.
I have nothing further.
Ms. Stratford?
Did this incident appear to be
the result of rational thought?
I'm not sure what you're asking.
Then let me rephrase.
Are you familiar with
post-traumatic stress disorder?
- I am.
- Your Honor, may we approach?
[TENSE MUSIC]
♪
This doctor is not an expert in PTSD.
And even if he were,
what's the relevance?
Where are you going
with this, Ms. Stratford?
We are changing our defense.
To what?
Not guilty by reason of insanity.
This is trial by ambush.
The defense realizes
we have a strong case,
so they've decided to
completely change course.
We are allowed to present
any defense we choose.
Sure, if you provide notice
and comply with the rules of discovery.
I don't condone their tactics,
but I can't deny the
defense an opportunity
to present relevant
evidence and witnesses.
I will give you time
to prepare, Mr. Price.
Ladies and gentlemen,
we're adjourned for the day.
[GAVEL BANGS]
♪
Dr. Galen, are you a
board-certified psychiatrist
with a practice in New York?
I am.
I specialize in the
neurobiology of trauma.
And did you conduct a forensic
examination of my client?
The National Center for
PTSD has a standard set
of questions used to
evaluate the intensity
and frequency of symptoms.
I administered that test,
and I asked Ms. Meleshko about her life.
What did Darina tell you?
Darina was a preschool teacher.
Her husband was an engineer.
They lived in Kyiv
with their infant son.
When Ukraine was invaded,
her home was bombed.
Did Darina show you this photograph?
Yes.
She told me it was what her home
looked like after the attack.
[DRAMATIC MUSIC]
Was Darina in the building
at the time it was hit?
Her husband was decapitated
right in front of her.
Her infant son was killed by a mortar.
♪
And Darina managed to survive?
She and her mother went
to a refugee shelter.
Did all this have an effect on Darina?
Most definitely.
She has all of the
classic symptoms of PTSD
flashbacks, nightmares,
intrusive thoughts.
And can PTSD alter
one's brain chemistry?
It can increase vigilance,
impulsivity, stress responses,
and memory intrusions.
Dr. Galen, in your professional opinion,
did Darina's mental
disease render her unable
to understand the wrongfulness
of her actions on January 15th?
Yes.
Thank you.
Nothing further.
♪
Do you know that Tom and Eileen Porter,
or the victims in this case,
had no evidence of offensive wounds?
No, I did not know that.
All of the evidence in this case
indicates that this was
an unprovoked attack.
Yes, but in Darina's
mind, it was warranted.
The defendant was
never treated for PTSD.
She's never complained
about her symptoms
until after she saw that the
evidence against her was mounting.
- Objection. Argumentative.
- Overruled.
Unfortunately, many of those
who suffer from the disorder
do not seek professional help.
Dr. Galen, according to UNICEF,
5.2 million women are
at risk of depression,
anxiety, and PTSD due to
the Ukrainian-Russian War.
As far as I know,
none of them have committed
this kind of atrocity.
Objection.
Sustained.
Anything else?
♪
No, thank you.
♪
I've been reading about our
defendant's life in Ukraine.
Seems pretty tragic.
I think we should consider a plea.
I don't want to diminish
what she's been through.
But I just don't think
she was legally insane.
Everything she did before and after
the attack was intentional,
required rational thought and planning.
She was in survival mode.
My parents and grandparents fled Lebanon
during the civil war, and
I saw what it did to them.
I'm sure they went through hell,
but they didn't turn around and bludgeon
innocent people to death with a hammer.
All I'm saying is
that the trauma exists.
And it has a residual effect.
What do you think we should do with her?
I don't think she should be spending
the next 25 years in prison.
Eileen Porter died a
horrific, painful death.
And Tom Porter easily could have died.
I've been consulting
with some local refugee
and resettlement organizations.
They make a strong case that Darina
is a victim of global violence,
that we should treat her accordingly.
I tend to agree.
Call her lawyer, see
what you can work out.
We are prepared to
offer Man One, 15 years.
We're willing to accept five years
and help with immigration.
Darina isn't a citizen,
which means after
she serves her sentence, she's
likely to be deported back to Ukraine.
Please, I can't go back there.
I can't agree to five years.
And we don't have control
over the immigration process.
Surely you can make some calls.
We have something else to offer.
[TENSE MUSIC]
If you agree to the terms,
Darina is willing to
terminate her parental rights
and give her baby to Tom Porter.
The baby already belongs to Tom Porter.
No, Darina signed the birth certificate.
♪
Tom was in a coma
when the baby was born.
It's his child.
According to the state of New York,
Darina is the only parent of record.
♪
I don't understand.
I did the research myself.
The paperwork can be filed at any time
before or after the baby is born.
Darina gave birth.
She signed the birth certificate.
The law presumes the baby is hers.
But we had an agreement.
Darina changed her mind.
She's not going to sign the papers.
You can take it to
court, challenge custody.
That could take years.
It'll cost money that I don't have.
There's no guarantee that I would win.
And in the meantime, I don't
have access to my daughter?
She'll be living in a prison.
In a prison.
Darina is asking us
to give her five years
for what she did to
you and to your wife.
I haven't even held my baby yet.
[SIGHS]
This is going to be her nursery.
I want to give her a name, baptize her.
[SOLEMN MUSIC]
♪
Please, I'm begging you, make the deal.
Please, Mr. Price, give
her whatever she wants.
Just let me have my daughter.
♪
Five years is low,
but it's what's best for the baby,
and it's what the
victim's husband wants.
Well, he is desperate, but the defendant
is essentially holding his baby hostage.
I was hoping there was
a deal to be made here,
but I cannot allow someone
to use a child as a bargaining chip.
That's a line I can't cross.
Then I will continue with the trial.
Can you bring it home?
They put on a strong defense,
and it's about to get stronger.
The defendant is gonna testify today.
And like it or not,
she is very sympathetic.
I'm concerned it'll look like I'm
beating up on a traumatized woman.
There's a solution to that.
You do the cross.
Because I'm a woman?
No.
You've told me about
your family's history.
I think you have unique
insight into Darina's
backstory and her psyche.
I'm not sure I'm comfortable with that.
I'm not asking you to do
anything unethical or illegal.
I know, but
Go into the courtroom and do your job.
You're part of the team,
and you need to step up.
[TENSE MUSIC]
♪
I thought Tom and
Eileen would be out late.
I was startled when Eileen
came in and saw me packing.
She confronted me, told
me I couldn't leave.
Did she physically
prevent you from leaving?
Did she block your path?
Yes, she yelled,
said she was going to
call the authorities,
get me deported.
I panicked.
I didn't want to go back to Ukraine.
There was a hammer on the dresser.
So you hit her?
Yes.
[SOFT MUSIC]
And Tom must have
heard what was going on.
He came in, started
yelling, grabbing at me.
And so I hit him too.
You thought you were under attack?
Yes.
Your witness.
[DRAMATIC MUSIC]
♪
Ms. Meleshko,
what exactly did Tom and Eileen say
that made you feel threatened?
That they were going to call the police.
Did they say you couldn't leave?
Yes.
And that triggered you?
It did.
♪
So you're saying that
that made you feel like
you were under attack?
Yes.
♪
Ask for a recess.
Do it now.
♪
Your Honor, may we have a brief recess?
Let's all stretch our legs.
Be back in 15 minutes.
[GAVEL BANGS]
♪
What the hell is going on?
You're lobbing them softballs.
Are you intentionally throwing the case?
No, I'm doing the best I can.
Really?
One of my earliest childhood memories,
it was this massive power outage,
and the whole city went dark.
My father instinctively packed our bags,
got us all in the car.
My family was halfway to Canada
when the lights went back on.
My point is my parents
believed we were under attack.
You need to find a way to put
your personal feelings aside.
I'm not sure I can.
Last year, I tried a death penalty case.
I advocated in favor
of sentencing a man to his death.
That went against
everything I stood for.
Why'd you do it?
McCoy told me to.
And he had every right to do so.
♪
You and I, we serve at the pleasure
of the district attorney.
We are part of his team.
When push comes to
shove, he calls the shots.
So you have two choices
tender your resignation
or figure out a way to
rise to the occasion.
♪
Ms. Meleshko, before we went on a break,
I was asking you about
your state of mind.
Yes, I remember.
You were saying that you felt
like you were under attack?
Yes.
And that is based on your
experience from Ukraine?
Yes.
Now I'd like to turn to the victims.
When you were bashing
Eileen Porter in the head,
did you happen to
notice that brain matter
was seeping out of her skull?
[DRAMATIC MUSIC]
No, I didn't.
Did she cry out in pain,
beg you to stop hurting her?
♪
I wasn't in my right mind.
But you were thinking clearly enough
to wash Tom and Eileen's
blood off your hands.
It wasn't like that.
And you washed the hammer,
tried to get rid of
your fingerprints, DNA.
I was afraid.
You were afraid of getting caught.
So you destroyed evidence,
then you fled the scene.
You left Eileen Porter dead.
You left Tom Porter bleeding out.
You didn't call for help.
I wish I had.
And if that wasn't bad
enough, the next day,
you went to Riverdale to sell their baby
to a couple with more money.
Isn't that true?
♪
Isn't that true?
♪
[SIGHS]
♪
I have no more questions
for this witness.
♪
Members of the jury, in the matter of
People versus Darina
Meleshko, how do you find?
We find the defendant guilty.
♪
Members of the jury,
thank you for your service.
We are adjourned.
[GAVEL BANGS]
♪
Nice work.
♪
So what does all this mean?
Well, it means that we
got justice for your wife.
I know, but what about my little girl?
What does this mean for her?
I don't know.
♪
[WOLF HOWLS]
In the criminal justice system,
the people are represented
by two separate, yet
equally important groups:
the police, who investigate crime,
and the district attorneys,
who prosecute the offenders.
These are their stories.
Do you solemnly swear
that the testimony you give
to this federal grand jury will be
the truth and nothing but the truth,
so help you God?
So help me God.
Please be seated.
[TENSE MUSIC]
Are you here under subpoena?
Yes.
And you are not represented by counsel?
They told me I didn't need one.
You understand that your
testimony is being recorded
and everything you say
is subject to the pains
and penalties of perjury?
♪
I'm here to tell the truth.
But I do have one question.
Yes?
He doesn't know I'm here, does he?
♪
[INDISTINCT RADIO CHATTER]
♪
What do we got?
Eileen Porter.
32 years old, blunt-force
trauma to the head.
Guy in the gurney?
Her husband, Tom Porter.
We found him unconscious.
Still breathing.
There's a spare room back there.
Does anybody else live here?
Neighbor's saying they use
it as a kind of home office.
Looks like we got a
lot of dried blood here.
Must have been here a few hours.
MLI says it happened sometime
between 8:00 p.m. and midnight.
Any witnesses?
No.
How about cameras in the building?
Nope.
Unis are out checking street footage.
No signs of forced entry?
Locks are undisturbed.
Well, nothing seems out of place.
So probably not looking at a robbery.
Her coat's still on.
The killer could be someone
they know and invited in.
Maybe somebody followed them inside.
I found this in the trash.
Looks like someone
tried to rinse it off,
but there are definitely
still traces of blood.
Let's get that tested
for DNA and prints.
Who found them?
Neighbor said they
heard their dog barking.
They said it went on for hours.
She finally called 911 to
make sure everything was OK.
Well, everything was definitely not OK.
♪
[DRAMATIC MUSIC]
♪
I wish I'd called the police sooner.
Did you happen to see
or hear anything unusual?
Just the dog barking.
Anyone coming or going from
the apartment last night?
I wouldn't know. I live upstairs.
Did anyone have a problem
with Tom or Eileen?
Maybe someone that
lived in the building?
They were both so polite.
Tom works for a nonprofit.
Eileen is in public service.
She's an aide to that
congressman, you know,
the, uh, family values guy.
Might have to be a little
more specific about that one.
Rhett Richards. That's his name.
Tom Porter's got a serious head wound.
He's in surgery right now.
Doctors haven't determined
the full extent of his injuries yet.
Did forensics get back
to us on the hammer?
Yeah, DNA shows that the blood
came from three sources
Tom, Eileen, and a third
subject not in the system.
So our killer must have
been cut in the scuffle,
which gives us something to work with.
Computer crimes has been
analyzing Eileen's devices.
And when they were looking
at her phone, it rang.
Who was it?
Federal prosecutor.
I called him, but I got the runaround.
Those guys wouldn't tell
you if your coat was on fire.
They're claiming grand jury
secrecy, but I looked him up.
He works in the Public Corruption Unit.
Yeah, and Eileen worked
for Congressman Richards.
I just read an article in the "Post"
about the turnover in his office.
His chief of staff resigned,
and she refused to say why.
Hmm.
I bet she'll be a little
bit more forthcoming
if you two paid her a visit.
Eileen told me she saw something weird
in the congressman's finance reports.
What do you mean by weird?
The congressman used campaign funds
to pay for his wife's Botox.
Eileen thought maybe it was a mistake.
So she did a little digging,
found out he was using
the campaign credit card
for expensive dinners,
trips to the Caribbean,
luxury car leases,
jewelry for his wife,
himself, and his mistress.
So what did Eileen do?
She called the FBI.
And then we both resigned.
Did Eileen speak to
a federal prosecutor?
She was supposed to testify against
the congressman in the grand jury.
Did the congressman know that?
Two nights ago, I was
at Eileen's apartment.
He called her.
Said if she kept lying
about him, she'd regret it.
[TENSE MUSIC]
Mr. Family Values.
♪
At the end of the day,
the only thing that matters,
really matters,
is our family and our faith
and how we marry those values
as we navigate the world.
In my house, we swear
by the Golden Rule
do unto others as you'd
have them do unto you.
Thank you.
[APPLAUSE]
- Thank you.
- Thank you.
Thank you so much for being here.
Thank you.
Congresswoman Richards?
I'm Detective Jalen Shaw.
This is Detective Vincent Riley.
Yes?
Is there somewhere we can
go and speak in private?
Now's not a good time.
We're asking for your
cooperation, Congressman.
Trying to make a federal case out of
a couple of trips to Aruba
and a tennis bracelet?
We are not here about
some trips or a bracelet.
No, but if you don't
want to come voluntarily,
we could always set you up
with a pair of our bracelets.
♪
Right this way.
♪
I'm sorry to hear Eileen died,
but I had nothing to do with it.
She was testifying against
you in the grand jury, right?
You threatened her and
told her not to cooperate.
Then 24 hours later, she winds up dead.
You realize you're speaking
with a United States
congressman, accusing him of murder?
We're just laying out
the facts, counselor.
Look, the investigation into my
expenses is a total witch hunt.
So you're not concerned
about the grand jury?
Yeah. Not one bit.
In fact, I'd welcome a public trial.
Probably rile up the base,
give me a boost in the polls.
Wow, good for you.
That being said, where
were you last night
between 8:00 p.m. and midnight?
At a fundraising event.
With about a dozen donors.
- And my wife.
- We'll look into that.
In the meantime, will
you consent to a DNA swab?
Like I said, I have nothing to hide.
Let's assume for now
that you're not involved.
Do you have any thoughts
about who might have
wanted to kill Eileen?
[GROANS]
Well, a couple of days ago,
one of my volunteers went
out to lunch with her.
She said a man came in, saw Eileen,
and started swearing, yelling.
It almost got physical.
We'll need the name of that
volunteer and the restaurant.
Oh, yeah.
Yeah, I remember her.
She was having lunch.
This guy came in, drunk,
holding a can of beer.
Brought his own beer?
That's dedication.
Yeah, he he was very aggressive.
He beelined to this
woman and yelled at her.
Did you hear what he said?
Something about money, how
she stole from him or
anyway, he put the can
down, lunged at her,
and then two waiters had to intervene.
Nobody called the police?
I offered, but the lady
said she'd handle it.
So she left, and the
guy followed her outside.
And you have no idea who this guy was?
No.
Do you still have that beer can?
You know, recycling isn't
picked up till tomorrow,
and we don't sell cans of beer.
So it'd be the only one in there.
All right. Thank you.
So where are we?
Spoke to the hospital.
Tom Porter is now in a
medically induced coma.
He's got a brain bleed.
Is he gonna make it?
Doctor says it's 50/50.
Lab pulled prints off of the beer can.
They belong to Kevin Marshall,
date of birth 7/11/89.
Get this Eileen's brother.
Does he have a rap sheet?
He sure does.
Public intoxication, DUI,
and one assault conviction
for what looks like a bar fight.
This is interesting.
Looks like he filed a civil lawsuit
against Eileen a couple months ago
- in probate court.
- Hmm.
Do we have an address,
know where he works?
He's a set carpenter at a
theater off of Christopher Street.
[SAW BUZZING]
Kevin Marshall?
Yeah? What's this about?
Step this way.
We need to talk to you
about your sister, Eileen.
Are you kidding me?
That bitch called the police on me?
So I'm guessing you
two not so close, huh?
Look, guys.
Where's your hammer?
Uh, I don't know.
We borrow each other's tools.
- What's going on?
- Let's find a place to talk.
[SIGHS]
Seems like you were
pretty mad at your sister.
Eileen and I had our differences,
but she was the only family I had.
You filed a lawsuit against her.
What was that about?
Our parents are both gone.
They left us about a 100 grand each.
My parents appointed Eileen trustee,
and she wanted to give
me a monthly allowance.
I've had some problems with addiction,
but I felt like I should be
able to handle my own money.
So you guys had a
contentious relationship?
Yeah, but I didn't kill her.
Where were you two nights ago
between the hours of
8:00 p.m. and midnight?
Here, breaking down the
set until about 2:00 a.m.
with about 20 other people.
Would you be willing to take a DNA test?
Sure.
I want to know who killed my sister too.
OK.
All right, Kevin, think.
Do you know of anyone who might
have wanted to hurt your sister?
The last decent conversation we had,
Eileen said she was volunteering
at a homeless shelter.
She'd hired one of the
guys to do odd jobs.
And what makes you think this
guy had something to do with it?
He was an ex-con. Did time for burglary.
I told I told her it was dangerous,
letting strangers into
her place like that,
but she never listened to me.
Do you know what shelter
she was volunteering at?
No, but it was near her apartment.
OK.
Benny Kramer?
NYPD.
- Come with me.
- For what?
Get up.
Come on. Come on.
Let me ask you a question.
How many times have you been
in Eileen Porter's apartment?
All, right, listen, man.
This can go one of two ways, OK?
You can talk to us, or we
can call your parole officer
and get him involved.
I'll pay back the money.
The tell us about that.
Last time I was at Eileen's,
I saw a couple of 20s on the counter,
and I pocketed the bills.
I didn't think that she'd report me.
I'll pay her back.
See, that's not possible.
Benny, Eileen's dead,
killed two nights ago
in her own apartment.
She had her head bashed in.
Where were you two nights ago?
Same place I always am, this shelter.
Check the logs.
We will.
Is Eileen's husband OK?
He's in a coma, so no, he's not OK.
What about the other woman?
Other what what
are you talking about?
What other woman?
The one that lives in the guest room.
I painted it last week.
Look, I took a picture.
[TENSE MUSIC]
See?
Is that the woman there?
Yes.
Do you know her name?
Uh, no, I never really met her.
♪
Guys, how'd you make out
at the Porters' apartment?
Found a hairbrush in the guest room.
It matches the unknown
DNA of the hammer.
We don't have a hit in the profile yet.
Somebody's got to know who she is.
Check this out.
I was looking into the
Porters' financials,
thinking maybe somebody
was paying them rent.
Came up empty on that front,
but I found something that's just
it's off.
A few months ago, it looks
like Tom wired somebody $50,000.
50K?
For a guy who works in nonprofit,
that's a lot of money.
- Exactly.
- Who'd he send it to?
Looks like a company called
Family Services Consulting.
The owner's name is Pavlo Golub.
There's a business with
that name in Staten Island.
Found the website.
"Think you can't afford a family?
Think again.
I can help make your dreams come true."
So what?
So Tom Porter sends $50,000
to some cut-rate adoption agency?
I smell a field trip.
Hop on the ferry, go find out.
I'm a family services
consultant, you know,
like a matchmaker.
I help families who want children
but can't afford the
services in this country.
I find them pregnant women
or surrogates in Ukraine.
We know the Porters wired you 50 grand
a couple months ago, yeah?
Were they looking to adopt a child?
Sorry, I don't want to
betray any confidences.
Can you just ask him?
We'd like to,
but somebody put a
hammer through his skull,
so now he's in a coma.
The Porters were
looking for a surrogate.
And you charged them $50,000?
Yes.
40 for me, 10 for her.
[WHISTLES]
[SCOFFS]
Well, that's a hell of a business plan.
The woman carries the
baby for nine months
and you pocket 80% of the fee?
$10,000 to a woman in
Ukraine is life-changing.
So you connected them to
a surrogate in Ukraine?
Exactly.
Where is this woman now?
After the pregnancy took,
we arranged with the Porters
to have her come here to
live with them in America.
We'll need a name.
You need more information,
you're gonna have to have a subpoena.
Darina Meleshko.
That's the name of
the Porters' surrogate.
She's 24 years old. She's from Kyiv.
She's here on a travel
visa, and she used
the Porters' address
on her visa application.
So she's the one who was
living in the guest room?
For all we know, she
might be our killer.
All right, when's the last
time anybody had eyes on her?
Actually, she opened up a
new bank account yesterday,
deposited a check for $2,000.
Where'd the money come from?
A guy named Dennis Leverett.
He lives in Riverdale.
Well, let's see if he
knows where to find her.
Sure, we know Darina.
She just moved into our guest room.
Yeah, and how do you know her?
A friend of a friend
told us about Pavlo Golub.
He introduced us to Darina.
We're going to adopt her baby.
She told you it was her baby?
Pavlo said she was pregnant,
not in a position to care for a child.
It's a girl.
And how much did you pay Pavlo?
$250,000.
[TENSE MUSIC]
It's the going rate.
♪
And he never mentioned
anything about another couple?
No, why?
Do you know where Darina is right now?
We sent her on a staycation for
a couple of days at a nice hotel.
♪
[DRAMATIC MUSIC]
♪
Darina Meleshko, we've
got some questions for you.
Whoa, whoa, whoa, whoa.
Hey, hey, don't move, all right?
We just want to talk to you.
Please don't hurt my baby.
How'd you get that gash on your hand?
What do you want?
You can start by telling
us how your DNA got
on the hammer that killed Eileen Porter.
No, no, no, no, no,
that's not happening.
- That's not happening.
- Don't do that. Don't do that.
Darina Meleshko, you are
under arrest for murder.
- No.
- Come on.
Please don't hurt my baby.
Ah! Oh!
- Whoa.
- Stop.
Whoa, whoa, whoa,
whoa, whoa, whoa, whoa.
- Hey.
- I think I'm going into labor.
- Oh, oh.
- OK.
- I need to go to a hospital.
- All right. OK. All right.
- Oh, oh, please.
- Hold on.
Oh, I'm serious.
Oh! Call an ambulance.
No, no, no, we can get you there faster.
Let's go. Come on. Come on.
Calling docket ending in 9076,
People versus Darina Meleshko.
Charging one count of
murder in the second degree
and one count of attempted
murder in the second degree.
How do you plead?
My client pleads not guilty.
I'll hear you on bail.
Your Honor, there are two
victims in this case
Eileen Porter, who
was brutally murdered,
and her husband, Tom, who was recently
released from the hospital.
The defendant was a surrogate
for Tom and Eileen Porter,
but after she got
pregnant with her embryo,
she sold their baby to another couple
who could afford to
pay a lot more money.
On the day of the
murder, the Porters caught
the defendant moving out of their home.
The victims told her she
could not leave with their baby
and threatened to call the police.
So she killed Eileen
and tried to kill Tom.
That's pure conjecture.
The murder weapon, a hammer,
had both victims' and the
defendant's blood on it.
She had a cut on her hand
when she was arrested.
She had motive and opportunity,
and she's a flight risk.
People seek remand.
Ms. Stratford?
My client is not a flight risk.
She has no money, no resources,
and nowhere to go.
Your Honor, my client
gave birth four days ago.
She's nursing a newborn.
She can do that in
the nursery at Rikers.
The defendant's remanded.
[GAVEL BANGS]
[TENSE MUSIC]
♪
You're really gonna send her to Rikers?
She tried to sell the Porters' baby,
then bashed them in their heads.
This has all been a
terrible misunderstanding.
A misunderstanding?
Pavlo Golub lied to Darina.
He told her the Porters
were having second thoughts,
that they weren't even sure
they wanted to raise the child anymore.
He said he found a loving couple,
and Darina trusted him.
Have some compassion, Sam.
♪
What's this?
♪
Your Honor, I filed a motion to suppress
the so-called murder weapon.
On what grounds?
The search and seizure was in
violation of the Fourth Amendment
to the United States Constitution.
Where was the evidence found?
It was a hammer found in a trash
can at the Porters' apartment.
The police shouldn't
have touched it until
they had obtained a search warrant.
We shouldn't even be
having this discussion
because the defendant has no standing.
Only the lawful
residents of the apartment
have the right to challenge the search.
At the time of the seizure,
my client was still
living in the apartment.
Some of her personal items
were in the spare bedroom.
Was she on the lease?
No.
She lived there for two months.
She had her own set of keys.
She hadn't filed a change of
address with the post office.
She was in the process of relocating
but hadn't officially moved.
It's a close call.
But I find that the defendant still had
a reasonable expectation
of privacy in the home.
The motion to suppress is granted.
We lost the murder weapon,
which is a huge blow to the case.
So what else do you have?
Who's your strongest witness?
The baby broker, Pavlo Golub,
the man who arranged the surrogacy.
He can testify to Darina's state of mind
that she was a willing participant,
that she agreed to pretend
the baby was her own.
Isn't Golub part of the scam?
He wasn't just part of it.
He was the mastermind.
But he didn't kill anyone.
The problem is that he's
demanding full immunity.
Golub has run this con on
two other desperate families
with two other desperate refugee women.
We can't just give him a free pass.
I agree.
My sister adopted a child from China.
She was so anxious and vulnerable.
To prey on people looking
to create a family,
it's repugnant.
I'm not gonna reward someone like that.
In fact, I want to open
up a case against him.
The victim's husband's gonna
be your most emotional witness.
Kick off your trial with him.
♪
Eileen and I met during freshman
orientation at Georgetown.
It was one of those "love
at first sight" moments.
And you wanted to start a family?
Eileen had survived childhood cancer.
She couldn't carry a baby,
so we arranged to have our
embryo implanted in a surrogate.
That surrogate being the
defendant, Darina Meleshko?
Yes.
Do you have any memory of what happened
between you, your
wife, and the defendant
on January 15th of this year?
The last thing I remember
is coming home from dinner.
Eileen went to see Darina to
let her know that we were home,
see if she needed anything.
- Was Darina there?
- I can only guess.
Like I said, I don't remember.
We trusted her,
welcomed her into our home,
treated her like family.
I I can't believe that she would
do something like this to us.
Objection. Not relevant.
My baby is living in a prison.
- Your Honor!
- Mr. Porter.
Please, Darina, just let me see her.
I just want to hold her.
Mr. Porter, there's no
question before you, sir.
♪
Anything else, Mr. Price?
No, I have nothing further.
Cross examination.
♪
Is it possible that
you startled my client,
scared her, yelled at her?
I never raised my voice with her before.
But you must have been angry
to see that she was leaving.
You you could have threatened her.
I may have been angry.
I doubt I threatened her.
But you can't swear to that?
♪
Correct, I can't.
♪
Did Darina tell you
about her life in Ukraine?
A little.
Did she talk about the Russian soldiers?
Yes, she did.
The constant barrage of gunfire,
the unrelenting bombings?
She did.
Did Darina tell you
she witnessed the death
of her husband and young son?
Your Honor, I fail to see the relevance.
Sustained.
Anything else?
No, thank you.
Dr. Thomas, did you perform the autopsy
on the victim in this
case, Eileen Porter?
I did.
What did you determine
to be the cause of death?
Blunt-force trauma to the head.
Could you describe the nature and
severity of Ms. Porter's wounds?
She had eight separate and
distinct attacks on her skull.
And is it true that any
one of those head wounds
could have killed Ms. Porter?
That is my opinion, yes.
So would you characterize this attack
as unnecessarily vicious?
I would.
Thank you, Doctor.
I have nothing further.
Ms. Stratford?
Did this incident appear to be
the result of rational thought?
I'm not sure what you're asking.
Then let me rephrase.
Are you familiar with
post-traumatic stress disorder?
- I am.
- Your Honor, may we approach?
[TENSE MUSIC]
♪
This doctor is not an expert in PTSD.
And even if he were,
what's the relevance?
Where are you going
with this, Ms. Stratford?
We are changing our defense.
To what?
Not guilty by reason of insanity.
This is trial by ambush.
The defense realizes
we have a strong case,
so they've decided to
completely change course.
We are allowed to present
any defense we choose.
Sure, if you provide notice
and comply with the rules of discovery.
I don't condone their tactics,
but I can't deny the
defense an opportunity
to present relevant
evidence and witnesses.
I will give you time
to prepare, Mr. Price.
Ladies and gentlemen,
we're adjourned for the day.
[GAVEL BANGS]
♪
Dr. Galen, are you a
board-certified psychiatrist
with a practice in New York?
I am.
I specialize in the
neurobiology of trauma.
And did you conduct a forensic
examination of my client?
The National Center for
PTSD has a standard set
of questions used to
evaluate the intensity
and frequency of symptoms.
I administered that test,
and I asked Ms. Meleshko about her life.
What did Darina tell you?
Darina was a preschool teacher.
Her husband was an engineer.
They lived in Kyiv
with their infant son.
When Ukraine was invaded,
her home was bombed.
Did Darina show you this photograph?
Yes.
She told me it was what her home
looked like after the attack.
[DRAMATIC MUSIC]
Was Darina in the building
at the time it was hit?
Her husband was decapitated
right in front of her.
Her infant son was killed by a mortar.
♪
And Darina managed to survive?
She and her mother went
to a refugee shelter.
Did all this have an effect on Darina?
Most definitely.
She has all of the
classic symptoms of PTSD
flashbacks, nightmares,
intrusive thoughts.
And can PTSD alter
one's brain chemistry?
It can increase vigilance,
impulsivity, stress responses,
and memory intrusions.
Dr. Galen, in your professional opinion,
did Darina's mental
disease render her unable
to understand the wrongfulness
of her actions on January 15th?
Yes.
Thank you.
Nothing further.
♪
Do you know that Tom and Eileen Porter,
or the victims in this case,
had no evidence of offensive wounds?
No, I did not know that.
All of the evidence in this case
indicates that this was
an unprovoked attack.
Yes, but in Darina's
mind, it was warranted.
The defendant was
never treated for PTSD.
She's never complained
about her symptoms
until after she saw that the
evidence against her was mounting.
- Objection. Argumentative.
- Overruled.
Unfortunately, many of those
who suffer from the disorder
do not seek professional help.
Dr. Galen, according to UNICEF,
5.2 million women are
at risk of depression,
anxiety, and PTSD due to
the Ukrainian-Russian War.
As far as I know,
none of them have committed
this kind of atrocity.
Objection.
Sustained.
Anything else?
♪
No, thank you.
♪
I've been reading about our
defendant's life in Ukraine.
Seems pretty tragic.
I think we should consider a plea.
I don't want to diminish
what she's been through.
But I just don't think
she was legally insane.
Everything she did before and after
the attack was intentional,
required rational thought and planning.
She was in survival mode.
My parents and grandparents fled Lebanon
during the civil war, and
I saw what it did to them.
I'm sure they went through hell,
but they didn't turn around and bludgeon
innocent people to death with a hammer.
All I'm saying is
that the trauma exists.
And it has a residual effect.
What do you think we should do with her?
I don't think she should be spending
the next 25 years in prison.
Eileen Porter died a
horrific, painful death.
And Tom Porter easily could have died.
I've been consulting
with some local refugee
and resettlement organizations.
They make a strong case that Darina
is a victim of global violence,
that we should treat her accordingly.
I tend to agree.
Call her lawyer, see
what you can work out.
We are prepared to
offer Man One, 15 years.
We're willing to accept five years
and help with immigration.
Darina isn't a citizen,
which means after
she serves her sentence, she's
likely to be deported back to Ukraine.
Please, I can't go back there.
I can't agree to five years.
And we don't have control
over the immigration process.
Surely you can make some calls.
We have something else to offer.
[TENSE MUSIC]
If you agree to the terms,
Darina is willing to
terminate her parental rights
and give her baby to Tom Porter.
The baby already belongs to Tom Porter.
No, Darina signed the birth certificate.
♪
Tom was in a coma
when the baby was born.
It's his child.
According to the state of New York,
Darina is the only parent of record.
♪
I don't understand.
I did the research myself.
The paperwork can be filed at any time
before or after the baby is born.
Darina gave birth.
She signed the birth certificate.
The law presumes the baby is hers.
But we had an agreement.
Darina changed her mind.
She's not going to sign the papers.
You can take it to
court, challenge custody.
That could take years.
It'll cost money that I don't have.
There's no guarantee that I would win.
And in the meantime, I don't
have access to my daughter?
She'll be living in a prison.
In a prison.
Darina is asking us
to give her five years
for what she did to
you and to your wife.
I haven't even held my baby yet.
[SIGHS]
This is going to be her nursery.
I want to give her a name, baptize her.
[SOLEMN MUSIC]
♪
Please, I'm begging you, make the deal.
Please, Mr. Price, give
her whatever she wants.
Just let me have my daughter.
♪
Five years is low,
but it's what's best for the baby,
and it's what the
victim's husband wants.
Well, he is desperate, but the defendant
is essentially holding his baby hostage.
I was hoping there was
a deal to be made here,
but I cannot allow someone
to use a child as a bargaining chip.
That's a line I can't cross.
Then I will continue with the trial.
Can you bring it home?
They put on a strong defense,
and it's about to get stronger.
The defendant is gonna testify today.
And like it or not,
she is very sympathetic.
I'm concerned it'll look like I'm
beating up on a traumatized woman.
There's a solution to that.
You do the cross.
Because I'm a woman?
No.
You've told me about
your family's history.
I think you have unique
insight into Darina's
backstory and her psyche.
I'm not sure I'm comfortable with that.
I'm not asking you to do
anything unethical or illegal.
I know, but
Go into the courtroom and do your job.
You're part of the team,
and you need to step up.
[TENSE MUSIC]
♪
I thought Tom and
Eileen would be out late.
I was startled when Eileen
came in and saw me packing.
She confronted me, told
me I couldn't leave.
Did she physically
prevent you from leaving?
Did she block your path?
Yes, she yelled,
said she was going to
call the authorities,
get me deported.
I panicked.
I didn't want to go back to Ukraine.
There was a hammer on the dresser.
So you hit her?
Yes.
[SOFT MUSIC]
And Tom must have
heard what was going on.
He came in, started
yelling, grabbing at me.
And so I hit him too.
You thought you were under attack?
Yes.
Your witness.
[DRAMATIC MUSIC]
♪
Ms. Meleshko,
what exactly did Tom and Eileen say
that made you feel threatened?
That they were going to call the police.
Did they say you couldn't leave?
Yes.
And that triggered you?
It did.
♪
So you're saying that
that made you feel like
you were under attack?
Yes.
♪
Ask for a recess.
Do it now.
♪
Your Honor, may we have a brief recess?
Let's all stretch our legs.
Be back in 15 minutes.
[GAVEL BANGS]
♪
What the hell is going on?
You're lobbing them softballs.
Are you intentionally throwing the case?
No, I'm doing the best I can.
Really?
One of my earliest childhood memories,
it was this massive power outage,
and the whole city went dark.
My father instinctively packed our bags,
got us all in the car.
My family was halfway to Canada
when the lights went back on.
My point is my parents
believed we were under attack.
You need to find a way to put
your personal feelings aside.
I'm not sure I can.
Last year, I tried a death penalty case.
I advocated in favor
of sentencing a man to his death.
That went against
everything I stood for.
Why'd you do it?
McCoy told me to.
And he had every right to do so.
♪
You and I, we serve at the pleasure
of the district attorney.
We are part of his team.
When push comes to
shove, he calls the shots.
So you have two choices
tender your resignation
or figure out a way to
rise to the occasion.
♪
Ms. Meleshko, before we went on a break,
I was asking you about
your state of mind.
Yes, I remember.
You were saying that you felt
like you were under attack?
Yes.
And that is based on your
experience from Ukraine?
Yes.
Now I'd like to turn to the victims.
When you were bashing
Eileen Porter in the head,
did you happen to
notice that brain matter
was seeping out of her skull?
[DRAMATIC MUSIC]
No, I didn't.
Did she cry out in pain,
beg you to stop hurting her?
♪
I wasn't in my right mind.
But you were thinking clearly enough
to wash Tom and Eileen's
blood off your hands.
It wasn't like that.
And you washed the hammer,
tried to get rid of
your fingerprints, DNA.
I was afraid.
You were afraid of getting caught.
So you destroyed evidence,
then you fled the scene.
You left Eileen Porter dead.
You left Tom Porter bleeding out.
You didn't call for help.
I wish I had.
And if that wasn't bad
enough, the next day,
you went to Riverdale to sell their baby
to a couple with more money.
Isn't that true?
♪
Isn't that true?
♪
[SIGHS]
♪
I have no more questions
for this witness.
♪
Members of the jury, in the matter of
People versus Darina
Meleshko, how do you find?
We find the defendant guilty.
♪
Members of the jury,
thank you for your service.
We are adjourned.
[GAVEL BANGS]
♪
Nice work.
♪
So what does all this mean?
Well, it means that we
got justice for your wife.
I know, but what about my little girl?
What does this mean for her?
I don't know.
♪
[WOLF HOWLS]