Law & Order (1990–2010): Season 8, Episode 2 - Denial - full transcript

NARRATOR:
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.

(MOANING)

WOMAN: Mr. Feltz.
(MOANING) Mr. Feltz.

(DOOR OPENING)

Housekeeping.

Huh? What are you
doing in here?

WOMAN: Mr. Feltz, do something!
Get out of here!



Se?or, I'm sorry!
Can't you read the sign?

Se?or, I'm sorry! I'm sorry!
Don't you understand English!

Get out. Just shut that door and
get out of here! Get out of here!

(MIMICKING) "Mr.
Feltz, Mr. Feltz!"

(GIGGLING)

I get next.

Housekeeping.

(WHISPERING)
Mary? Mary?

Call Mr. Mendoza.

OFFICER: Somebody
got attacked.

BRISCOE: No kidding.

Any witnesses?

High turnover
in this place.

Couple next door are just here
for the "businessman's special."



They didn't
hear a thing.

How about you?

I came on at 6:00.

I didn't see anybody
leave this room.

Any blood trail?

No blood in the hallways,

elevators or fire escape.
Just in here and in the bathroom.

How much, you figure?

Hard to say.
Over a pint.

So more than
a nosebleed.

Somebody got hurt.

The room is registered to a
Warren Talbert. No address.

How'd he pay?
Cash.

But we took a credit card
imprint for incidentals.

Like sheets
and mattresses?

This is nothing.

Last year, we had an
elderly couple from Tokyo.

Found a dead hooker
under their bed.

Yeah, that's why the precinct
holds its Christmas party here.

Gonna need that credit
card number, all right?

Yeah.

Well, I already
checked under the bed.

He checked in before 10:00 last night.
My shift ends at 10:00.

He had a reservation.

What'd he look like?

Early 20s,
fairly tall, blonde.

He was
pretty good-looking.

Okay. You'll come down
to the station

and talk
to a sketch artist.

Sure.

Was he with anybody?
He might have been,

but you can't see
the elevators from here.

Thanks.

Credit card company says Warren
Talbert is a 48-year-old architect,

lives on the Upper East Side,
pays off his bill each month.

Well, that Warren Talbert misses this
Warren Talbert by about 30 years.

Card could be stolen.
Yeah,

unless Warren had
a friend check him in.

The credit card
company called me,

I guess after
they spoke to you.

I checked my wallet,
my desk.

I called my wife to look around at home.
The card's gone.

Anybody else
have access to it?

No.

When was the last time
you used it?

Oh, maybe
over a month.

You know, I've had
cards stolen before.

They never sent detectives.

A young man used your card
at the Carrington Hotel.

He might be involved
in a more serious crime.

Where were you
last night, Mr. Talbert?

I was at the Met
humming along to Rigoletto,

with my wife
and another couple.

My secretary will
give you their names.

The other couple at the
opera confirmed his story.

Nothing at the morgue.
We had a couple of bleeders

walk into Saint Vincent's, but
they were the wrong blood type.

Preliminaries from
the lab said it's type O.

And we got a lot of prints
in that hotel room.

We're going to
need more help.

For stolen plastic?
We'll mobilize the National Guard.

It's from
the credit card company.

Thanks.

When did Talbert say
he last used the card?

About a month ago.

New Editions Bookstore.
$332. Last weekend.

Sorry. I couldn't tell you
if I saw him.

Sunday night
was very busy.

We had a reading of a cyber-novel
by Carlton Van Dusen.

One Hand Typing.

Racy stuff.

Sure, until you see Van Dusen.
400 sweaty pounds.

Cleaned out
the pastry platter.

Well, our guy bought
over $300 worth of books.

Hmm.

Still doesn't ring a bell.
You have his credit card number?

(COMPUTER BEEPS)

Here he is.
Warren Talbert, Sunday, 5:15 p.m.

Thoreau, Walden, soft cover,
$7.95 plus tax. Hegel, $8.98.

There's another
15 books here.

Could you
print that out?

Sure.

Look at this, Nietzsche,
Wittgenstein, Kierkegaard.

Either we're looking
for a philosophy student,

or we got one very
depressed criminal.

I wonder
if Talbert has kids.

We have one daughter.
Christina. She's 17.

She's on an academic scholarship
at Hudson University.

Same neighborhood
as the Carrington.

And you think
my daughter's involved?

Well, our credit card thief has
an atypical spending pattern.

No electronics,
no jewelry, no clothes.

Usually they max out the
card, and not on books.

We're thinking this thief is a
classmate of your daughter's.

I never gave her the card.

Is it possible she might have
borrowed it, and lent it to a friend?

No. Not Christina.

Our daughter's a good girl.
She's very focused on her studies.

She wouldn't be mixed up
in anything criminal.

I don't know
who this is.

Take another look.

It could be anybody.

You know, I think
Christina might be able

to focus better without
any distractions. You mind?

Thanks. Christina, why
don't you sit down here?

Uh, right now, your father's credit
card is our only connection to a crime.

Well, it's Dad's card.
I never use it.

How about you write down the names of
your friends at Hudson University.

(LAUGHS) I don't want you
bothering my friends.

Are we done here?

Look, we start asking around campus,
we'll get your class schedule,

the clubs you belong to,
everything you do there.

By this time tomorrow, we'll
have a list of all your friends.

Dad!

Okay. Have it your way.

So what did she do?
Hack her family to death in their sleep?

Why would you
think that?

People who're
wound that tight,

you never know.

Exactly how tight
are we talking?

Christina answered
an ad for freelancers.

I needed 500 words on the student's
committee for Tibetan independence.

The next day,
it was on my desk.

She wouldn't leave
until I read it.

I changed six words. She got mad.
Not at me, at herself.

Well, she didn't
flip out, yet.

Actually, we need to
speak to her friends.

Anyone in particular?

Yeah. Tom Horton.
He's her boyfriend, pre-med.

Oh, that's right, don't smile
back, she might bite you.

Come on, Lennie,
she's just a kid.

Maybe you'd rather
wait in the car.

Can you check Tom Horton's
room again, please?

His roommate's looking for
him in the games room.

Would you ring Tom
Horton for me, please?

Don't hold your breath.

Who are you?

CURTIS: Detectives.
Your turn.

I'm Tom's lawyer.
I instructed him

not to speak with you
until I got here.

GARNETT: So the sketch
vaguely resembles him.

He's young,
he's blond. So what?

Well, if this is a case of mistaken
identity, let's get him in a line up.

What's the charge, soiling linens?
No, thank you.

Why didn't Christina tell us
you were her boyfriend?

GARNETT: Why don't
you ask her?

Hey, you mind if he answers a
question every now and then?

Be my guest.

Where were you
Thursday night?

I went to a fraternity party
with Christina.

Which one?

Alpha Phi Beta.

We left around 9:00.
She went to the library.

CURTIS:
Where'd you go?

I came back here to study.

You're sure you didn't meet up with another girl?
Take her to a hotel?

Okay. He's answered your questions.
interview's over.

Tommy and Christina were the
first ones through the door.

First ones
out the door, too.

What time was that?

Around 9:00.

You sure?

Yeah. It was half-time
at the Knicks game.

We had it
on the big screen.

And did Horton come back?

I got pretty wasted
that night.

Last thing I remember, I was
booting into a trash can.

By the way, I am 21.

Don't worry. We're not
going to card you.

Any chance Tommy hooked
up with somebody else?

Tommy? No way. No.
He's nuts about Christina.

Lots of guys are nuts about somebody.
Doesn't stop them.

Well, you don't know
these Wisconsin boys.

They fall hard
for those milkers.

Beg your pardon.

Haven't you seen her?
She's on the chunky side of Ricki Lake.

We talking about the same girl?
Christina Talbert?

Yeah. Baggy clothes, looks like she's
packing some weight under there.

Yeah, she'd be
real sweet, too,

if she off-loaded
a few pounds.

Maybe she did,
the other night.

I think I would know if my
own daughter was pregnant.

Christina
was not pregnant.

VAN BUREN: Is that
true, Christina?

Yes.

The final lab report
came in an hour ago.

Forensics found amniotic
fluid in the mattress.

Do you know
what that is?

Yes. It didn't
come from me.

And the type O blood
in the room,

that didn't come
from you either?

No, it's not mine.

Then what was your
boyfriend doing there?

He wasn't there.

He was with me.

Christina, lying's only going to
make things worse for you and Tommy.

If there was
a baby involved,

we need to know
what happened, now.

Christina, say something.

Listen I have
two kids

I know what it's like
to be pregnant.

It can make you
do crazy things.

Especially
if you're scared.

Christina?

Morning. I'd like to
speak to my client.

Don't you represent
the boyfriend?

They're both my clients.

Good. Maybe you can talk
some sense into this one.

I'd like to
talk to her alone.

Hard to believe she didn't
know her own kid was pregnant.

She didn't. You see the look she gave
when you mentioned the blood type?

Now she knows.

How can a mother miss
something like that?

Wait till your
daughters grow up.

All right. None of this
gets back to her parents.

They find out and what,
no TV for a month?

Christina wants to be
the one to tell them.

Fine. Now she can tell us.

(SIGHING)

Well, I live with my parents,
and Tommy has a roommate.

We went to the hotel
for privacy.

What happened
in the hotel room?

We started having sex,

and I started bleeding,

and I went
into the bathroom,

and all this tissue
started coming out.

She miscarried.

I didn't even know
I was pregnant.

How pregnant?

I don't know.

Two or three months.

What did you do
with the fetus?

I flushed it in the toilet.

As you can imagine, this is
now a private, family matter.

M.E.'s report. Too much blood,
and too little amniotic fluid

in the hotel room for it to
be a first-trimester birth.

She thinks the fetus was probably
seven or eight months along.

So we're still
being lied to.

I'll call the D.A. to get an order
for a medical exam of the girl.

A viable baby?

That's ridiculous.

There's no medical
standard for this.

So she bled a lot.

That's why you want a doctor
to look up her dress?

She's been
traumatized enough.

Ms. Ross, do you have anything
besides the M.E.'s opinion?

Miss Talbert consistently
lied to the police.

She didn't want
her mother to know

that she was having
sex with her boyfriend.

Ms. Ross, come back when
you have actual evidence

to justify invading
this girl's privacy.

Tommy and I
don't exactly talk.

No late-night
heart-to-hearts over a keg?

He talks to Christina.
Christina talks to him. That's about it.

You see him on
Thursday night?

Yeah, at the frat house

I got there about 11:00.

This was 11:00?
You're sure?

Everyone was pretty much wasted,
except for him and Christina.

They were dancing alone
in the middle of the floor

to that dumb song, Endless Love.
it's their song.

(POLICE SIREN WAILS)

CURTIS: We had a search of
every alley and dumpster

between the hotel
and the university.

If we'd have found a baby,
we would've told you.

She didn't tell anybody at
school that she was pregnant.

The guy who would know, the
boyfriend, won't talk to us.

You're 17,
you're going to talk

to somebody
besides your boyfriend.

A doctor,
a best friend.

We didn't get
any cooperation

from her parents, so unless we can
get a peek at her address book...

No probable cause for a medical
exam means no probable cause

for a search warrant,
right?

Not necessarily.

Did Talbert file a report
for the stolen credit card?

BRISCOE: The card
company did.

She bought books. That's stolen goods.
Grounds for a search warrant.

We'll get two,
his and hers.

My husband called
the credit card company.

He told them it was
a misunderstanding.

They consider it stolen.

This Dr. Banks,
that her gynecologist?

And mine.

She hasn't seen him since
her annual last August.

Ten months ago.

Rey.

Looks like blood.

Look at this.

Blank prescription forms.
Dr. Glenda Allen, OB/GYN.

Oh, (CLEARING THROAT) Rey,
Thoreau and the Germans.

Yes, Christina Talbert's
a patient of mine.

I see a lot of students
from the university.

When did she
first come in?

Two months ago.
If that.

She told us she was two or three
months pregnant, and she miscarried.

Can you confirm that?

Not without violating
doctor-patient privilege.

Did she tell you
I was her doctor?

CURTIS: No. We found

blank sheets from your
prescription pad in her room.

Any idea why
she'd have these?

No.

I don't understand.
I didn't prescribe her anything.

Well, you keep your
prescription pad on your desk.

She helped herself.

Now, about this
alleged miscarriage...

Look, even if
she is a thief,

I'm still not going to violate
her privilege. I'm sorry.

Gynecology, that's the business
I should've gone into.

Hey, Lennie, she took those blank
prescription forms for a reason.

Right, and I never heard of
pharmacist-patient privilege.

Neither have I.

Christina Talbert, oh, here we go.
Syntocinon.

Five milliliter solution.
Two weeks ago.

What's it for?
it's a nasal spray

for mothers who have
trouble breastfeeding.

What does it do
for pregnant women?

Makes them
not pregnant.

It's contraindicated.
It induces labor.

Thanks.

The stain you found on the
dress, it's blood, type O.

Just one
blood type?

(CHUCKLING) How many
were you expecting?

He was expecting
a stork.

No baby blood,
but baby feces.

Meconium.
Meaning?

Probably full term.

Born alive?

Since the meconium wasn't mixed with
amniotic fluid it had to be excreted

post-birth.
It was alive.

Thanks.

Well, they made a reservation,
they induced the birth.

We got premeditation.
We got murder.

Yeah, but no body.

I say we get a warrant.
Let the D.A. make it stick.

Let's call Ross.

He rejected the traditional,
American dream of success,

and yet had as much disdain
for mediocrity as he did...

Oh, don't let us interrupt,
we're just auditing.

Stand up.
Stand up!

Christina Talbert,
Thomas Horton,

you're under
arrest for murder.

Don't worry. Somebody else
will take notes for you.

You have the right
to remain silent.

Anything you say
can and will be used...

"Case number 97942.

"People v. Christina Talbert
and Thomas Horton.

"Murder in
the Second Degree."

What are their pleas?

Not guilty.

Not guilty.

The People request bail...
JUDGE: Mr. Garnett,

could you tell your clients they're
not to hold hands in my courtroom.

GARNETT: Yes,
Your Honor.

Go ahead, Ms. Ross.

What do you wanton bail?

500,000 for each defendant.

They have no priors, Your Honor.
They're college students.

Who killed
their newborn baby.

Where's the body?
Where's the evidence?

That's not my problem.
I'm setting bail at 200K for each.

Miss Talbert is not
to leave her home

except in the presence
of a parent,

and I strongly urge the defendants
to refrain from contact

outside the presence
of counsel.

We can't even
see each other?

I don't want you
making any more victims.

But we're in love.
Quiet!

You don't seem to
realize why you're here.

Ms. Ross, I'm ordering
a 730 examination,

I'm not convinced these two
are fit to stand trial.

Of course, I understand.
I'm being charged with murdering someone.

Not just someone.
Your child.

I don't have a child.

Do you understand
it's wrong to kill?

Yes.

Even babies?

Yes.

How do your parents feel
about you getting pregnant?

My mother
won't speak to me.

Why not?

She's disappointed
I got pregnant.

Do you think she's right?

Yes.

Why?

Only stupid girls
get pregnant.

It's embarrassing.

Mom wants girl to be perfect.
Girl wants mom to be happy.

Baby spoils the equation.

ROSS: I don't see
what she's afraid of.

There's no evidence of
physical or emotional abuse.

This girl lives or dies
by her mother's approval.

You take that away, she
doesn't have much else.

She can't have much in the way
of human feelings either.

They kill their baby,
then grieve by taking

a little spin
around the dance floor.

Big surprise. She's a narcissistic bitch.
Forget about remorse.

To her, that baby was like a peach
pit passing through her system.

Yeah.
All very illuminating.

What're you telling
the judge?

She knows
right from wrong,

appreciates the consequences of
her actions, can assist counsel.

She's cleared
for take-off.

I'll send you my bill.

(DOOR CLOSING)

This case
gives me the creeps.

Yeah.

Without a body in evidence,
you're pushing uphill.

You're not suggesting we
offer the lovebirds a plea?

Lousy kids.
Lousy case.

Talk to their lawyer.

JACK: I'm offering first degree
manslaughter, eight-and-a-third-to-25.

How quickly
can I say no?

I'm putting aside the fact your
clients premeditated this killing.

Says you. You wouldn't have asked us here
if your case had a snowball's chance.

You wouldn't be here if
your clients were innocent.

GARNETT: The fetus,

however old it was, was stillborn.
There's no crime.

You're taking the position a
dead baby excreted meconium.

No. I'm taking the position
you didn't find any meconium.

Motion to suppress. The search was
conducted under false pretenses.

Let's go, before Mr.
McCoy charges you with heavy breathing.

GARNETT: The warrant specified,
"books acquired with the use

"of a stolen credit card or other
relevant evidence related thereto."

It said books. They found books.
They seized them.

As an afterthought,
Your Honor.

The books were on a
bookshelf in plain sight

the whole time
they were there.

They searched a closet,
a dresser, a desk.

I mean they were
halfway out the door

when they remembered
to take the books.

So they seized the books
last, instead of first.

Is there a special recipe
they were supposed to follow?

The warrant said books. Instead, they
took papers from an appointment book.

The warrant was a pretext.
That's per se abuse.

They went to Miss Talbert's room
looking for evidence of one crime,

they found evidence of another.
That's called luck.

It's called a scam.
The detectives knew

the credit card
wasn't in fact stolen.

They were acting on a complaint
from the credit card company.

Yes, but they'd been told by the
credit card holder it wasn't stolen,

and they already suspected Miss
Talbert in the murder case.

Isn't that right?
Yes.

(SIGHING) All right.
You're all very clever, but don't tell me

the meconium and
the prescription forms

relate to
a stolen credit card.

Your Honor, the meconium was
found on a dress in the closet.

A closet is a legitimate search area
for a warrant for stolen goods.

You can't fault the police for finding
and seizing blood-stained clothing.

I'll grant you the meconium,
Ms. Ross. it's admissible.

The stolen prescription
sheets are out.

You're rewarding Mr. McCoy
for his people's deception.

That's tough.
We're finished.

Nice save.

Without evidence that she
took a drug to induce labor,

there goes
premeditation.

They did
reserve a room.

The case was weak,
now it's weaker.

Get one of them to
roll on the other.

So which devil do
we make our deal with?

The girl has the motive.
She's the one who didn't want the baby.

Killing it was
probably her idea.

And the boy is probably the
one who actually killed it,

and disposed
of the body.

I flipped a coin in my head.
Came up tails. Talk to the boy.

That brings up another
problem, their lawyer.

He'll probably veto any settlement
that implicates the girl.

Her father posted bail
for both of them.

He's probably paying
Garnett's fees.

Get around
the lawyer.

JACK: We're prepared to offer
him man two, three-to-six.

He won't even look out of place
when he goes back to college.

You'll knock a murder
charge down to a C felony?

Let me guess, he testifies
against Miss Talbert.

That's right.
I thought...

No. Good day, counselors.
Thank you for coming by.

That's the answer
I expected. Ms. Ross.

Our motion to remove you as Mr.
Horton's attorney of record.

What?

We're conflicting
you out, Counselor.

There is no conflict,
Your Honor.

There's only
one defense position.

That's because there's only
one defense attorney.

My clients only want one defense attorney.
it's their decision to make.

Who's to tell
them any different?

Your Honor, I made a very
fair offer to Mr. Horton

in return for his testimony
against Miss Talbert.

How can he possibly give objective
advice regarding this offer?

So fair it could
only have been made

to get me yanked
as Mr. Horton's counsel.

Was this a genuine offer, or was it
made solely to create a conflict?

At the time,
it was a genuine offer.

I see.

Well, Mr. McCoy,
now you're stuck with it.

Your offer is
still on the table.

Now, I don't see how
having his own counsel

damages Mr. Horton's
interests.

Sorry, Mr. Garnett,
you're out.

SHELTON: it's a good
offer, Tommy.

It gives you a chance
to have a life.

Mr. Garnett said they don't
have much of a case.

That's why he doesn't
represent you anymore.

He was right. But there's a baby
involved, you're its father,

and I'm not talking out
of school when I tell you

a jury is going to be awfully tempted
to reach its own conclusions

and hold you
responsible.

JACK: Mr. Horton,
if you take a plea,

I believe Miss Talbert
will take one, too.

And I'm a lot more generous
than a trial judge will be.

You don't get it.

If I take this deal,
I don't get a life.

I get a life
without Christina.

Miss Shelton, you have to do
whatever I tell you to, right?

Yes.

We didn't do
anything wrong.

The baby was alive
when we left the room.

CURTIS: At first, Miss Talbert
denied knowing Mr. Horton.

Then they both denied
being at the hotel.

Then Miss Talbert told us she'd
been two months pregnant

and had a miscarriage.

Was any of this true?

No.

Forensics found traces of
meconium on Miss Talbert's dress.

We were told by Forensics this was
conclusive proof the baby was born alive.

Yes, as we just heard
from the Medical Examiner.

What, if any, efforts did
you make to find this baby?

We conducted an exhaustive
search of the area

between the hotel
and Hudson University.

We also questioned
the Carrington Hotel staff

and as many guests
as we could track down.

As a result, can you
tell us what happened

to Miss Talbert
and Mr. Horton's baby?

I can tell you
what didn't happen.

It didn't crawl
out of that room

and it didn't turn up
as a foundling.

It wasn't taken home by anyone
who had access to that room.

Thank you.

Did your investigation
include people

who were registered
at the hotel

under false names or
any of their guests?

If they weren't there
under their own names, no.

Well, the Carrington is the
kind of place, isn't it,

where people sometimes don't
use their real names?

Objection.
Sustained.

Could one of the people you weren't
able to locate have taken the baby?

Objection.
Calls for speculation.

You've made your point,
Mr. Garnett.

Move it along.

Detective, is there anyone in your
precinct who's still working the case?

CURTIS: Until we find a body, Detective
Briscoe and I are still assigned.

Until that time, what is the
baby's official status?

Missing. Presumed dead.

That's far short of dead
beyond reasonable doubt.

Objection.

Withdrawn.
No more questions.

TOMMY: After he was born,

Christina held him
for a little while.

She really loved him.

She couldn't stop worrying
about her mother.

So we

wrapped him
in a blanket,

we left him on the bed, where
the maid would find him.

Then we did the hardest
thing we've ever done.

We walked out of the room.

Then we went back
to the fraternity.

Christina, she felt sick,
and she started to bleed.

She went to the bathroom,
and passed the afterbirth,

and then she wanted me
to take her home.

What happened next?

I didn't sleep
all night.

I called Christina to make
sure that she was okay.

We talked
about the baby.

We decided that I should
go back to the hotel.

But the police
were already there,

and I figured, for sure, they'd found
the baby and it'd be all right.

Just so we understand you,

you felt so upset,

that you went back to a party
at your fraternity house?

Yes. Didn't really know
where else to go.

And you requested a song,
Endless Love, isn't that right?

It was a special
song for us.

And you danced?

We were just
holding each other.

On the dance floor.

Isn't that called
dancing?

Yeah. I guess.

We both
felt really bad.

So you punished yourself for
murder by having a little dance.

Objection.
JUDGE BARRY: Sustained.

Didn't it occur
to you to call 911,

and tell the police
about your child?

Yes. Christina felt sick,

and I had to get her home.

They don't have
a phone at her house?

I didn't want to
wake up her parents.

How about on the way back
to your dorm?

I don't know.

I was just worried
about Christina.

Can you tell us
anything you did

to suggest that you
had a single thought

about that child
after it was born?

I don't know.

You're pre-med,
she's an honors student,

you're intelligent,
young people.

You must've given
it some thought.

Objection.
Argumentative.

Sustained.

The truth is, you didn't give a
damn about that child, did you?

You had decided
to kill your baby

when you reserved
the hotel room.

Objection!

Enough, Mr. McCoy.
The objection is sustained.

I don't have anything more
for this witness.

The jury liked his
Romeo-of-the-Dairyland routine.

I thought
he got creamed.

Then we're tied
going into closings.

You're a tough
handicapper.

I'm handicapping
the jury.

They keep looking over at Christina.
They like what they see.

Yeah. When you're in love, the
whole world's in love with you.

And she just can sit there,
all sweet and innocent.

Garnett was smart not to
put her on the stand.

(PAGER BEEPING)

There goes
the weekend.

It's Briscoe.

CURTIS: Gas company
worker found it.

White, male baby.
Umbilical cord still attached.

Somebody dug deep
to bury it.

Not really.

This is backfill dumped on
top of the burial site.

We had a gas leak.

Had to undo a couple of
months' worth of work.

He was wrapped in this.

Carrington Hotel.

M.E.'s report,
quick and dirty.

Baby boy. Day old or less.
Born alive and healthy.

Manual strangulation,
larynx was crushed.

Death was instantaneous.
Bastards.

They have a positive
identification?

They can pull some DNA from the
amniotic fluid in the hotel room,

but it's going to take
a while to run a match.

I'll settle for
a blood type match.

Have Detective Briscoe
and the Medical Examiner

ready to testify on Monday.

Notify Judge Barry
we have rebuttal witnesses.

Jack, I think there's somebody else
we might want to talk to first.

I spoke
to the contractor.

He said the burial site
was backfilled

two days after
the baby was killed.

You don't think
those kids just got lucky?

No one's that lucky.

I'm afraid
the baby is dead.

The body was found buried about
10 blocks from the hotel.

It's a commercial construction
site near the West Side Highway.

You know anything
about that, Mr. Talbert?

Should I?

Your firm did
the structural drillings.

So? There were 47
sub-contractors on that job.

And the contractor says you were
one of only six individuals

who had keys to
the site at that time.

Warren, what did you do?

Sarah...
No!

I want to know
what you did.

(SIGHS)

You were asleep
when they came home.

Christina didn't look well, and
I knew something was wrong

I made them tell me
what happened.

They said they left the baby
in the hotel, alive.

They wanted go back.
I told them it was too dangerous.

I told Tommy to go home.
I sent Christina to bed.

Then I drove to the hotel,
and when I got there,

it was on the bed,
wrapped in a blanket.

It was wheezing.
It was in trouble.

I brought it to my car, but before
I could get it to a hospital,

it was dead.

(CRYING)

I took it to the construction
site and I buried it.

Our Medical Examiner has determined
that the baby was strangled.

Someone choked it
with their bare hands.

No! No!
It died of natural causes.

Please, don't insult
our intelligence.

The baby was dead when
you found it, wasn't it?

I better talk
to my lawyer.

Mr. Talbert's agreed to
tell you what he knows.

He has only one condition.

Shoot.

You drop the charges
against his daughter.

In return, he'll testify
against the boy.

As far as we're concerned, they're
equally guilty. Her maybe more so.

Whatever. You let the girl
walk, no charges, no record.

Or he doesn't
tell you squat.

Let's hear
what he has to say first.

Off the record.

I found the baby in the trash
can in the hotel room.

It was wrapped
in a towel.

There was newspaper
on top of it, to hide it.

It was dead.

I can't accept your terms.

I'll subpoena him.
He'll testify with no preconditions.

Absolutely not.
He'll take the Fifth.

I'm conferring
immunity right now.

You're taking the stand
tomorrow morning, Mr. Talbert.

CARNEY: He won't testify.

Are you sure about that,
Mr. Talbert?

I am not sending
my daughter to jail.

CARNEY: What are you going to do, Mr.
McCoy? Cite him for contempt?

He gets 30 days in jail,
and you still get nothing.

For God's sake, he's just
trying to save his daughter.

No deal. Ms. Ross,
get an officer in here

Mr. Talbert,
I'm having you arrested

pending a contempt hearing.

CARNEY: McCoy...

I've had enough of him, his
daughter and her boyfriend.

If I could indict him
as a co-conspirator, I would.

This baby is dead.
I hope they all go to jail for it.

Place this man under arrest
and get him out of my office.

BRISCOE: The baby was wrapped in a
towel bearing the initials "CH."

The Manager of
the Carrington Hotel

confirmed that it was
in fact one of theirs.

Is this the towel,
Detective?

Yes. That's my signature
on the evidence bag.

People's 56, Your Honor.
No more questions.

Detective,

do you know who disposed of the
body at the construction site?

Not for a fact.

Now that site's kept
locked at night, isn't it?

It's surrounded
by an eight-foot

chain-link fence
topped by barbed wire?

Yes.
It wouldn't be easy

to climb over that, carrying a
six-pound weight, would it?

I guess not.

Do you know
who had a key to the gate?

Actually, there
were six people.

Including my
client's father,

isn't that right?
Objection.

Why? I have the right to put forth
alternate theories of crime, Your Honor.

Not without evidence
to support them.

That's what I'm trying to get
at, Your Honor. Evidence.

Overruled.
Answer the question, Detective.

Yes, he had a key, which his
daughter could've borrowed.

Your Honor...

You asked the question,
Mr. Garnett.

Anything else?

No, Your Honor.
No more questions.

Detective Briscoe,
you may step down.

The People have no more
rebuttal witnesses.

The defense does.
We'd like to call Mrs. Sarah Talbert.

She was president of her
history club in high school.

She was vice-president
of the student council,

and she was the editor
of her high school yearbook,

and she received the
Hardiman Prize for geometry.

She has a very bright future
ahead of her.

Her having an illegitimate
child, was that something

you and your husband
had in mind?

Objection.

Sustained.
Move along, Mr. Garnett.

Mrs. Talbert,
this past Sunday morning,

did you and your husband
receive a visit

from Mr. McCoy
and Ms. Ross?

Yes.

During that visit,

did your husband make any
admissions concerning the death

and burial of
your daughter's baby?

Objection!
Approach, Your Honor.

It's the People's position that Mr.
Talbert lied to protect his daughter.

That's his position,
not mine

Mr. Talbert's credibility
is an issue for the jury.

Then the person who should be
testifying here is Mr. Talbert.

Well, he isn't, because Mr.
McCoy has him in jail for contempt.

He advised counsel
that if called,

he would invoke his
Fifth Amendment rights.

I immunized him.
He still refused to testify.

He'll stay in jail
until he changes his mind.

Your Honor, I don't represent Mr.
Talbert. I have no control over him.

To penalize my client and Mr.
Horton for Mr. Talbert's actions

amounts to
a reversible error.

Your Honor, ask Mr...

How long have you had
Mr. Talbert locked up?

A little over 36 hours.

He's not going to change his mind, Mr.
McCoy. You're overruled.

The witness will answer.

Mrs. Talbert?

My husband said that he went
to the hotel room, and he...

He found the baby
there alive.

It was having
trouble breathing.

GARNETT: What else?

(CRYING)

He said that it died before
he could get to the hospital.

He decided to bury it.

We've heard testimony that
your grandchild was strangled.

My husband did
not kill that baby.

Well, are you saying that it was
your daughter and her boyfriend?

No!
Christina's not a murderer.

She couldn't possibly harm
a defenseless little baby.

Well, then you're saying
your daughter

must've allowed
Mr. Horton to strangle

her child.
No, never.

Then it must've been your husband.
Objection.

I didn't say that.
Sustained.

You can't have it
both ways, Mrs. Talbert!

Your Honor...
Your husband or your daughter!

MRS. TALBERT: I don't know.
Mr. Garnett.

I don't know.

Mr. Garnett. Enough.

No more questions.

Now you've heard testimony about
Christina Talbert's father.

He found the baby alive
in the hotel room.

It died while in his care.
He buried it in a construction site.

Now, is he lying to protect his
daughter or to protect himself?

Even his own wife isn't sure,
and Mr. Talbert won't tell us

because he'd rather sit in jail,
than explain himself to you.

Now I want you to look
at these two children.

These polite, bright,
naive children.

If you think it's possible, that
in an act of panic and confusion,

they killed that baby, you must
also admit that it's possible

Warren Talbert killed it.
That's called reasonable doubt.

That's why there's only
one right thing to do.

You must acquit.

As you retire to
conduct your deliberations,

some of you may take with you the image of Mrs.
Talbert on the stand,

unable to choose between her
husband and her daughter.

Could you point
at your own daughter,

and say that
she killed her baby?

The fact that Mrs. Talbert
couldn't isn't evidence.

It's emotional
manipulation.

And that this girl
could sit there,

and let it happen
to her own mother,

tells you what you need
to know about her.

I'd like you to take
another image with you.

Picture these
naive children

dancing arm in arm in a
frat house to a love song,

minutes after they strangled
their baby with their bare hands

and left it wrapped
in a blood-soaked towel.

Think about that,

then cast your vote.

JUDGE BARRY: Madam Foreperson,
has the jury reached a verdict?

Yes, Your Honor,
we have.

Will the defendants
please rise.

For the defendant
Thomas Horton,

on the count of murder in the
second degree, how do you find?

We find the defendant
Thomas Horton not guilty.

For the defendant
Christina Talbert,

on the count of murder in the
second degree, how do you find?

We find the defendant
Christina Talbert not guilty.

Members of the jury, I thank
you for your service.

You are now dismissed.

(GAVEL POUNDS)

Baby's dead,
and no one's responsible.

No one was responsible
when it was alive either.

Warren Talbert's
still in jail.

We could get him for obstruction of
justice, destruction of evidence.

We got beat.
Just send him home to his family.