One question, Jack. Why? Why not? How? That should really play with a jury. Look at the evidence, Ruthie. The poison in her room. >> It wasn't poison. It was some kind of plant fixer-upper. Well, that's an interesting way to look at it. >> Hey, I grew up on West 67th Street. What do I know from plants? >> Whatever you want to call it, forensics says it's what killed the baby. A to Z is a very long road. And Lila's diary sure eases the trip. What? Because the kid got on her nerves? It's obvious you haven't had the pleasure, Claire. And I'm not likely to in the near future. Thank you. You should have heard what came out of my mouth when Andrew decided he was hungry or bored or lonely at 3:00 in the morning. Every morning. Lucky for Andrew you had restraint. And you can't prove this girl didn't. >> Not that I don't enjoy the visit, Ruthie, but I have to get back to your original question. Why? Old time's sake. And just so I can bill the time. A motion to exclude your so-called evidence. Always a pleasure. Have you examined a baby care provider accused of killing one of her charges? No, I haven't. But Dr. Karl Jaspers studied several such cases. And what did Dr. Jaspers find? Extreme homesickness, isolation, and depression in nursemaids resulted in violence toward the babies. In other words, they viewed the babies as the cause of their misery? Yes. Thank you. I was homesick at sleepaway camp. I didn't kill my counselor. >> Objection. Sustained. Dr. Jaspers study to which you refer, was that homesickness and crime? Yes. And geographically speaking, where was the study conducted? In Germany. And exactly when was it conducted? >> 1907. Hell, Germany, 1907, I'd be depressed, too. Objection. With John. Tell me, Doctor, did any of Dr. Jaspers' nursemaids live in a townhouse with central air, heat, 20-in color TV with VCR, unlimited long-distance telephone calls home? >> Objection. Sustained. Enough, Ms. Miller. Never you mind, Doctor. A week before Evan died, I was at my dad's house to use his computer. Please tell the jury what you witnessed that day. Approach, Your Honor. He's trying to impugn my client's character with irrelevant testimony. I'm going for motive, Your Honor. >> Please, you're trying to introduce prior bad acts. You wouldn't be trying to pull a fast one, would you, Counselor? Good. Because I am leading the league in contempt citations. Keep that in mind. You may answer the question. Lila heated up a bottle of formula to give to Evan. But she didn't check the temperature before feeding it to him. He screamed. And what did Lila do? She screamed louder, like it was like it was Evan's fault. What did your dad say when you told him about the incident? I didn't tell him. Well, what about your stepmother? I didn't tell her, either. Thanks. Mrs. Carmel, were you aware when you hired Lila that she had just been dismissed by another family? Of course not. I relied on the agency to let >> And how much research did you do on this agency? Excuse me, I didn't quite hear you. My secretary's sister used them. I see. And what was her name? My secretary? >> No, her sister. The court reporter has to take this down, Mrs. Carmel. I I don't know. Yeah. But I'll bet she was trustworthy, right? >> Objection. >> You made your point, Counselor. Move on. How often does your job require you to be out of town, Mrs. Carmel? It's hard to say. >> More than once a week? Yes. Two days a week? Yes. Three days? >> I work very hard. And yes, I travel, but that doesn't mean that >> Yes, I know. You have a very responsible position. Tell me, uh how many naps did Evan take during the day? I don't know. What's his favorite toy? I loved my baby. >> Sure you did. You just didn't have any time to spend with him. Objection. >> You didn't know anything about him because you were never home. >> Objection. >> know what the hell was going on in your house during the day because you had a responsible position. >> Enough, Counselor. >> I'm making my case for reasonable doubt, Your Honor. Because Mrs. Carmel was constantly and unnecessarily and selfishly flying around the country, she wouldn't even know if O.J. was taking tea in her kitchen. >> enough. After this session, you will write a check, Counselor. $500. Fine. Nice show today. I love that part of the canons that requires zealousness. [snorts] Tia, let's go. Come on. I mean, the woman just lost her baby. You made her look like Lizzie Borden. It's funny. Lizzie Borden whacks her family and becomes a feminist cause celeb. And Wendy Carmel didn't, and you used her to set feminism back 50 years. >> Because I showed how negligent she was? Because you're playing on the misconceptions held by half of that jury. Oh, I see. You think work and family are both entitlements of women. It's a personal choice. You work, you have a kid? Do you think I'd be doing this if Martin didn't run off with his dentist? Wild horses couldn't drag you out of a courtroom. I don't think your 5-year-old stands a chance. Believe it or not, Claire, I do worry about what Andrew's missing. And what I'm missing. Who knows? Maybe my priorities are a little screwy. I never thought I'd hear that coming from your mouth. Walk a mile in my shoes, then talk to me. Tick-tock, girl. Depraved indifference? You're kidding me. I'm very serious. >> I get it. I get it. My client, the sadist, oversprayed her petunias. It leaked into the jar of plums in the closed refrigerator. Hell of a theory, Jack. On the contrary, our theory now is that Lila had nothing to do with poisoning the food. And she is guilty because? >> Because she heard the baby crying and vomiting after she fed him, and she chose to ignore it. She admitted as much to the police. >> Excuse me, people. Actus reus, did anybody ever hear of it? You have to actually do something to be held criminally liable? >> Thanks for schlepping downtown, Ruthie. Cute. So, is that deal still on the table? I told you we don't just roll over and play dead. How many times has Mom told me, "Ruthie, you got a big mouth." What happened to your client's innocence? Went out with the bathwater. I guess that isn't funny. We'll talk. When, if ever, did you see Ms. Crenshaw use pesticide on her plants? I never saw her actually use it, but I did see it in her room. Thank you. No more questions. You owe me. You loved your brother, didn't you? Sure. So, it must have occurred to you that telling a little lie might help the prosecution convict Lila Crenshaw. I'm not lying. Okay, maybe exaggerating a little. Everything I said is exactly what happened. Good. Now that we've got that out of the way, where were you the day Evan died? In school. And if we check the school records, that's what we'd find? Yeah. Good. Because my assistant is on the telephone with the school right now. Okay, look, me maybe I ditched a few classes. And do you have a key to your dad's house? What's going on? Please answer the question. Yeah. And were you in the house the day Evan died? >> No. I think we've got what philosophers call a conundrum, Ben. Let's review, okay? We've already established that you're telling the truth. We've also established that the last time you were in the house was a week before. Yes. That's right. But here's the confusing part. You saw the damn pesticide. What's the paper I just handed you, Ben? It's like a receipt for the pesticide. >> And when is it March 31st. >> The day before your brother died. Let's probe further, shall we? When you ditched school, where did you go? Met game. Hey, opening day. I was there, too. With my son. Who'd you go with? Friends. What are their names? I don't know. You guys must be tight. Where did you sit? >> [panting] >> I'm sorry. What can I say? When I'm right, I'm right. Come on, you were ready to send her away for 10 on men one, but thanks to your massive egos You know, we're all full of crap. Jamie! That rid of prohibition was a little over the top. We're finding we need a big stick to get the Navy's attention. Careful where you stand. I'm a lieutenant in the reserve. I was in the JAG office in the '70s. We know how ridiculous the Navy's rules are. I can see why she tried to cover up the affair. If she'll come clean now, we can discuss dropping the charges to manslaughter. She's not guilty. >> [snorts] >> Come on, Ruthie. Every time she opens her mouth, another lie pops out. Look at her statement to the Navy. What statement? The statement is inadmissible. My client wasn't properly Mirandized. The spirit of Miranda was adhered to. The essence of the protection is embodied in JAG rules. Under the Uniform Code of Military Justice, there is no right to remain silent. There is no protection against self-incrimination. This is the spirit of Miranda? If she'd been arrested and Mirandized by the NYPD, she'd still have given the same self-serving untruthful statement. If if if, since that didn't happen, we'll never know. No matter how you slice it, Mr. McCoy, she was not properly Mirandized. The statement is inadmissible. What's it like landing an F-14 on a carrier deck at I mean that That sounds really scary. Um A good pilot doesn't even break a sweat. I mean, if you're going to sit there and worry about what all could go wrong, you shouldn't be there. Why did you want to be a Navy pilot? Where else could I do what I love doing, while at the same time defending liberty? This is the kind of patriotism and dedication the Navy is willing to sacrifice, Chuck. Well, they say they need their rules about sexual conduct. This is not about military necessity. This is about big government trying to legislate morality. Not just in sexual matters, but in every area of our lives, including what you can and can't watch on television. We'll continue our comments Get a gag order. I take it you saw the Chuck Baxter show. Ms. Miller seems to favor the court of public opinion. The jury is sequestered, Jack. They're allowed conjugal visits. You think they don't talk? They're forbidden to discuss the case. I'm going to issue the gag order, Ms. Miller. You and your client are forbidden to discuss this case with any non-party or non-witness outside the courtroom. Uh bailiff, let's bring in the jury. She broke it off last fall. She said she found real love. Everlasting was the word she used. With someone on her ship. No further questions. Isn't it true you tried to break off the relationship last summer? Yes. Why? She started getting getting kind of possessive. And it wasn't that serious for me. Are you saying that the relationship meant more to her than to you? Yes. It seemed that way. Was she obsessed with you? I don't know about obsessed. Was she upset when you tried to break off the relationship with her? Yes. She didn't try to kill you, did she? No. Thank you. No further questions. He always came back to me. I guess he was just one of those men who needed more than one woman could give him. At any time did he talk to you about Lieutenant Blair? After I caught them in the bar, he told me that she was the one who had it bad. He said for him it was just a fling like the others. It wasn't serious. Did you believe him? Yes. Did you ask him to stop seeing Lieutenant Blair? Yes. Did he stop? No. Did he tell you why? Answer the question, Ms. Stroud. He said that she was better in bed than me. Um that she made him hotter. And you didn't take this as a serious threat to your marriage? That's right. Then why did you file a formal complaint? Why did you risk publicly humiliating yourself and ruining his career in order to stop the affair? I don't know. I was angry at him. But he loved me. Not her. As a naval officer, would Lieutenant Blair have been aware of these sanctions prior to her affair? The Uniform Code of Military Justice is required learning for all naval officers. And she had the affair anyway. Mr. Stroud must have meant a great deal to her. Objection! Withdrawn. No further questions. You put people in prison for adultery. Is that right? Yes. Outside of the Middle East, can you name any civilized society that puts adulterers behind bars? I'm not qualified to answer that. Our rules exist to maintain good order and discipline within the ranks. You can't apply civilian morality to military culture. What about sexual harassment? Is that an infraction of the rules? Yes. Punishment depends on the severity of the offense. Defense is eight. Chief Stroud's service record. Commander Haliburton, how many sexual harassment complaints do you see in his file? 11. Does the file indicate what punishment Stroud received for his behavior? I was the one who imposed the penalty. He was confined to his ship in order to undergo gender sensitivity training. Touchy-feely classes? Commander. Isn't it true that you were so busy stamping out adultery, you let a sexual predator like Stroud fall between the cracks? We're in a politically mandated situation, ma'am. It's new to us, but we're making every effort to meet the expectations of the civilian authorities. You're doing the best you can. Yes. Thank you, Commander. How did Mr. Stroud take the rejection? He got very angry. He told me to take the wheel and drive. I did. Were you afraid of him? No. I can take care of myself. I just didn't want to pour salt in the wound. What happened next? He pulled a gun and had me stop on the road. He told me to get out of the car. When he turned away to open his door, I grabbed the gun. We struggled. The gun went off twice. One bullet shattered the driver's window and the other killed him. Did you intend to shoot him? No. It was an accident. The impact of the bullet had knocked him out of the car. I went to see if he was badly hurt. He was dead. What did you do then? I drove off. Why did you do that? I left the scene to report the accident. I headed back towards the ship, but by the time I got there, I started to see how unlikely it was I'd be believed. I've seen what happens to women who try to fight back. The system is stacked against us, especially in the military. That seems cold. I've been trained to make quick, calculated decisions. In this case, I made a very bad decision. One I'll be sorry for for the rest of my life. I can't excuse excuse it, but I truly thought I would not be believed. And in fact, you were right, weren't you? Well, I'm here. Thank you. Did you rip him a new one? I filed a report. Was this your first attempt at a night landing? No. It was my third. How many years have you been in the Navy, Ms. Blair? Five and a half. This recording was made six months ago. At what point did you learn the steely control of your emotions you alluded to earlier? Ms. Blair. >> [music] >> She doesn't have to answer, Your Honor. No more questions. >> [music] [music] [music] [music] [music] >> I like it.