Law & Order Special Victims Unit s05e24 Episode Script
Poison
In the criminal justice system, sexually-based offenses are considered especially heinous.
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
The doctors said if she survives, she'll be brain-damaged.
Now, were you with your niece when she got sick? My brother called, frantic.
Alexis wasn't breathing.
Pete wanted me to meet him here, to help take care of the kids while they talked to the doctors.
How long has Alexis lived with them? He and Karen adopted her from Romania last year when she was three.
And these two were a surprise.
They were born right after the adoption.
The hospital called you because they think Alexis was poisoned.
What do you think? My sister-in-law did it.
She's so cruel to her.
Never a kind word, never a kiss or a hug.
And how does she treat the other children? Karen dotes on the twins and Katie.
Alexis she sees as a burden.
How old is Katie? Seven.
Do you think she might be able to tell us what happened? She loves Alexis.
I hope so.
Can you tell me what happened when you came home from school today? I watched SpongeBob.
Where was Alexis? In the corner in the kitchen.
What was she doing in the corner? When she's bad, Mommy puts her there and makes her practice her numbers.
She can only count to ten, so she has to do it over and over and over.
What kind of bad things does she do? Today she wrote on the wall with a crayon.
Did you see Alexis drink or eat anything bad today? She drank the soapy water.
What soapy water? Mommy gave Alexis a pail to wash the wall.
She was crying, so Mommy put the sponge in her mouth.
She kept spitting it out.
Mommy got mad.
And when Mommy got mad, what did she do then? She made it all soapy again and put it back in her mouth.
Alexis was coughing.
Then what happened? She threw up.
She kept trying to sit down, but Mommy made her stand in the corner again.
When Daddy came home, Alexis fell, and she wouldn't get up.
Katie? Mommy.
The doctor said that you needed to see us.
Why don't you let Katie say good night to Alexis? Come on, sweetheart.
What's wrong? We'd like both of you to come to our precinct.
We have to get the children home.
Lady, if I have anything to say about it, you'll never see those kids again.
You're under arrest.
What? For the attempted murder of your adopted daughter.
You have the right to remain silent Let's go.
Look, you're making a mistake.
I love Alexis.
Not according to your sister-in-law.
Wendy never liked me.
You can't listen to her.
Can we listen to Katie, Mrs.
Campbell? Oh, sure, Detective, because seven-year-olds are so reliable.
Tomorrow she'll tell you a pony with wings lives in her closet.
So Katie made the whole thing up, huh? Like how you shoved a sponge full of soapy water into Alexis's mouth, repeatedly, while she gagged and cried? I don't know where Katie would get that.
Then you made her stand in a corner, counting, until she collapsed? Plenty of children accidentally ingest household poisons.
Sad, but it's a fact of life.
It's not a crime.
So it was an accident? I feel terrible that I wasn't paying close enough attention.
But I can't possibly be everywhere at once.
I have four children.
I'm a good mother.
I would never hurt Alexis.
Why don't you believe me? We do, Mr.
Campbell.
That's why you're not under arrest.
My wife did nothing wrong.
But you couldn't know what your wife did.
You were gone all day.
I told you, when I got home from work, Alexis had stopped breathing and Karen was hysterical.
If we wanted to poison Alexis, why would we rush her to the hospital? Actually, I'm interested in why your wife does the things she does.
Like what? Berate and emotionally abuse your adopted daughter.
That's a lie! Calling your sister a liar? She says Karen treats that girl worse than a dog.
Wendy was always jealous of my wife.
How can I make you understand? Karen loved Alexis.
You mean "loves" Alexis, don't you, Mr.
Campbell? Present tense? The girl's not dead yet.
The emergency room pumped two cups of detergent out of Alexis's stomach.
Mrs.
Campbell's accident story is a bunch of crap.
No kid is going to drink two cups of that stuff willingly.
What about the dear old dad? He had to know his wife hated that kid.
Wasn't home, so he's not criminally responsible.
But we've got the mother, right? How's the seven-year-old? Solid.
No chance you influenced her statement? None.
I've been doing this a little bit longer than you.
Just making sure we're covered.
Children under nine aren't automatically swearable.
I can talk to her.
If she knows the difference between a lie and the truth and the consequences of telling a lie in court, then she can testify.
Okay, tell me what color that is? Purple.
What if I said it was orange? Would that be the truth or would that be a lie? A lie.
How come? Because it's purple.
Right.
Now let me ask you something about about promises.
If you promise your mother that you're going to clean your room and then you don't do it, what happens? I get in trouble.
Why is that? Because I promised.
Right again.
You're really good.
Do you ever go to church sometimes? Who lives in church? God.
Are allowed to lie to God? No.
If you make a promise to God that you're only going to tell the truth, do you have to keep that promise? What if you tell a lie? You really, really get in trouble.
Your chief witness is the defendant's seven-year-old daughter? That sounds a bit imprudent.
Prior courts have held otherwise.
Rittenhouse v.
North Hempstead found a three-year-old wasn't automatically presumed incompetent to testify.
Ah, but you're in my court now.
And La plant v.
Atias disqualified a seven-year-old witness.
It's completely subjective.
Which is why a psychiatrist examined Katie Campbell and determined she understands her duty to tell the truth.
I'm sure the People won't mind if I determine that myself.
It's not necessary, Your Honor.
But again, it's in my court.
Produce the girl and I'll conduct the swearability examination in chambers.
By the way, Ms.
Novak, when you appear in my courtroom, I would appreciate you are dressed appropriately.
By that I mean in a skirt.
I don't want you to be afraid, Ms.
Campbell, I just want you to answer the questions as honestly as you can.
Understand? You have to speak up for the lady typing.
Now, Ms.
Campbell, do you understand the difference between the truth and a lie? Yeah.
If you told us about something you did not see or hear, would that be the truth or a lie? What? Do you understand the question? Um Speak aloud.
Let the record show that the witness is unable to answer the question.
If you came into court, raised your right hand, and you swore to tell the truth, and you told a lie, what do you think would happen to you? I don't know.
Do you know what the word "truth" means? Thank you.
You're excused.
Well, I think that answers the question of swearability.
With all due respect, Your Honor, I was confused by those questions.
I wouldn't go around admitting that, Ms.
Novak.
Defense moves for dismissal.
Without the People's witness, there's no case.
Your Honor didn't say she can't testify, she just can't be sworn.
Her statement can be corroborated by the detergent found in the victim's stomach.
Evidence which also corroborates accidental ingestion.
It might.
Why don't we let a jury decide? Mr.
Gates, I'm inclined to agree with Ms.
Novak.
Then I move to suppress the girl's testimony, Your Honor.
She spoke with an SVU detective alone, without parental supervision.
That's standard procedure.
Child witnesses don't need parental supervision.
We can't be sure anything this girl said wasn't influenced by the police.
SVU detectives are trained to interview children And I'd love to hear all about that.
I'm ordering a Hudy hearing.
Your detective proves he didn't tell young Ms.
Campbell what to say, I'll allow her testimony.
Det.
Stabler, At any point during your questioning of Katie Campbell, did you suggest her mother was responsible for poisoning the victim? Never.
In fact, Katie introduced her mother into the conversation without any prompting.
Did you vilify or criticize her mother in a way that would influence her statement? I expressed no opinion about the defendant.
Thank you.
Nothing further, Your Honor.
Why haven't we heard the audiotape of this interview, Det.
Stabler? Standard procedure does not require police to record interviews with witnesses.
How convenient.
So if you make a mistake, no one will hear it.
I didn't make a mistake.
In general, when a child is injured, who is your first suspect? Depends on the circumstances.
Ah, come on, Detective, isn't it true you look to the parents before anyone else? When the situation warrants it, yes.
Are you out to get Karen Campbell? Of course not.
Didn't you tell my client that if you had anything to do with it, she'd never see her kids again? That's out of context.
Yes or no, Detective? Yes.
Sounds like you had pretty strong feelings about my client's guilt the moment you met her.
My feelings have nothing to do with any of this.
Now you assumed my client was guilty, and it influenced how you questioned her seven-year-old daughter.
That's completely false.
I know how to conduct an interview.
Thank you, Detective.
Nothing further.
You're excused, Detective.
Ms.
Novak, I'm afraid the People haven't met their burden of proving the interview wasn't suggestive.
Therefore the defense motion to suppress the witness's testimony is granted.
This is a joke.
I beg your pardon, Det.
Stabler? I said this is a joke.
You'd be wise to remember no one cares what you think once you're out of that box, Detective.
The interview wasn't suggestive.
Elliot, stop You're one of these judges who thinks cops strong-arm witnesses in order to make their case.
You think I bullied a seven-year-old into lying? Elliot, leave.
No, Elliot, stay.
Enjoy the hospitality of our holding cells.
You're in contempt.
Officer of the court, escort the Detective out of here.
You all right? I'm great.
Thanks for getting me a couple hours off.
You're not blaming this on me.
You did let that defense attorney trash me pretty good.
That stunt that you pulled, that's gonna help ensure that Judge Taft is gonna screw me in the trial.
But, hey, at least your ego's still intact.
You got me out to talk about my ego? I did not get you out of there.
I called in a favor.
The contempt citation is withdrawn.
So if you could possibly stop acting like a petulant child, that will be thanks enough.
And you.
You need to start playing nice with Oliver Taft.
This guy is an arrogant prick.
True.
And he completely takes issue with young attorneys who think they know more about the law than he does.
And you're worried about my ego.
This guy abuses his power and gets away with it.
You didn't help the situation by mouthing off to the trial judge.
This isn't law school, Casey.
This is the real world.
Pick your battles.
Winning the trial's more important than wearing a skirt.
If there are no other matters, let's start jury selection tomorrow morning.
Amenable? No conflicts, Your Honor.
That's fine, Your Honor.
It's so nice when we can all get along.
Assault One seems reasonable, but we're not overreaching with the attempted murder charge, are we, Ms.
Novak? The grand jury didn't think so, Your Honor.
Fine.
Just wanted to be sure.
Actually, Your Honor, the defense has one more matter.
My client would like to waive her right to a jury trial in favor of proceeding before the court.
Your Honor, this is strategy.
People v.
Williams.
A waiver can be denied if it's intended to seek an impermissible advantage.
What advantage, Ms.
Novak? Your perceived favor, sir.
Hmm.
Waiving a jury trial is more a risk to the defendant than the prosecution.
Convincing 12 people of guilt is harder than convincing one judge.
But if your client understands the consequences of her waiver, I'll grant it.
I do, Your Honor.
Very well.
Then we proceed directly to trial.
Something else, Ms.
Novak? Yes, sir.
The People request that Your Honor recuse himself from this trial.
On what grounds? That your conduct indicates a clear bias toward the defense.
Recusing yourself now would preserve the appearance of impartiality on the part of this court.
Judges are charged to examine their conscience for any hint of bias and then decide accordingly.
Perhaps we should do that more often? I'm satisfied that I'm impartial in this case.
Your motion is denied, Ms.
Novak, but I do thank you for your candor.
Opening arguments tomorrow morning.
You asked an egomaniac to recuse himself? He as much as told the defense that if they waived a jury, he'd acquit.
"You were reaching with the attempted murder charge, Ms.
Novak.
" What the hell is that? It's a tactic.
He's trying to get you to plead out the case and make his life easier.
You're staying the trial? Why? To get Taft recused or disqualified.
I've got an appearance before an appellate judge this afternoon.
It's one thing to ask for a recusal, but to publicly humiliate a judge? You'll be the enemy in every courtroom in Manhattan.
I'm already the enemy as far as Taft is concerned.
The trial judge is the sole arbiter of recusal.
If Taft believes he's impartial, the Appellate Term will have no reason to find otherwise.
So a biased judge gets to decide if he's biased.
Yes.
That's our legal system, so work within it.
Plead out the case, or you're looking at an acquittal.
Bad news travels fast.
We have to plead Karen Campbell out, Elliot.
I have no choice.
Don't be so sure.
Records of the agency the Campbell's used to adopt Alexis.
Karen tried to give her back.
When? February of this year, six months after they adopted her.
Yeah, she loved her so much she wouldn't hurt Alexis.
Bull.
Let's see Taft try and throw this out.
I was feeling overwhelmed with the twins.
I admit that.
And I'm embarrassed that I could even think about giving Alexis to someone else.
But it was only because I thought she'd be better off with a mother that could be devoted to her.
And you couldn't do that? No.
And if I'm guilty of anything, it's of not being able to keep my eye on her all the time.
After you discovered that Alexis had gotten into the detergent, how did she act? Fine.
Until she threw up.
But my other daughter had had the stomach flu the week before, and I had just thought that she caught it.
And then she passed out.
She turned blue.
My husband came home from work and we rushed her to the hospital.
Thank you, Mrs.
Campbell.
Your witness.
You say Alexis was fine.
All day? Yes.
I'd like the court reporter to read back the testimony of Dr.
Langenhahn, the pediatrician, regarding the exact nature of Alexis's injuries.
Dr.
Langenhahn: "The victim suffered pneumonitis from vomiting "and then aspirating the cleaning solution, causing her to slowly suffocate.
" Ms.
Novak: "What symptoms would someone with pneumonitis exhibit?" Dr.
Langenhahn: "Intense coughing, labored breathing, vomiting.
The victim would have been in excruciating pain for hours.
" "Excruciating pain for hours.
" Does that sound like Alexis was fine? No.
What the doctor said is not true.
Alexis was okay.
You knew she'd ingested cleaning solution that afternoon.
Why didn't you take her to the hospital then? I didn't know how much.
When you finally did take her to the ER, were you afraid the doctors might suspect you poisoned her? No! Isn't that why you delayed getting your daughter medical attention? Because you were more concerned about getting in trouble than saving her life? No, I love Alexis.
Objection.
She's badgering.
Sustained.
Nothing further.
There is little doubt in anyone's mind that the events leading up to Alexis Campbell's terrible injuries are tragic and regrettable.
And no matter the outcome of these proceedings, a little girl will never be the same.
Mrs.
Campbell, please rise.
After considering all the facts and weighing the importance of the witness testimony, I find that there is a single piece of evidence that is paramount throughout this trial.
And that is the fact that you love your daughter.
And because of that, I believe that you did not force or encourage her to drink a poisonous substance.
This was a tragedy in some ways compounded by this trial.
I will not compound it further.
Not guilty on all charges.
Thank you.
Thank you so much.
I'm sorry.
Don't be.
I know you went to the mat on this one.
Sometimes it just doesn't work out.
I want Taft off the bench.
And I want a '65 Stingray.
No, I'm serious.
I'm going after him.
Casey, it's not worth it.
Look, what good does it do anybody for you to kill your career? If this is justice, I don't want this career.
Casey, what's wrong? I need a favor.
If this is about Taft, forget it.
I've been going through his decisions over the past ten years.
He's capricious, he disregards procedure on a whim.
He dismissed assault charges without a motion and without a hearing, and he repeatedly sets exorbitant bail to force pleas.
Casey, this is a total waste of time.
And every attorney that asks for Taft's recusal, they lose, including another child-poisoning case, The People v.
Rosalin Silvo.
All right, let me see it.
Here are the transcripts.
Silvo takes her daughter to the emergency room, she gets arrested for poisoning her with antifreeze.
She waives her jury at the trial, Taft disallows an expert witness who's gonna testify that her daughter has a genetic disease.
So Silvo's attorney asks for Taft's recusal.
Silvo's doing 25 to life.
Do you know what this is? You don't know what this is.
You've no idea what the circumstances were.
This is grounds for getting his ass thrown off the bench.
I need you to call Jack Dryer at the State Commission on Judicial Conduct and ask if anyone's filed confidential complaints against Taft.
No.
Absolutely not.
You want to talk to Dryer, be my guest.
But I guarantee he's going to laugh you out of his office.
I'm asking you to make one phone call.
And I'm telling you that nothing you've shown me proves that Taft's done anything unethical or improper.
You find such proof, bring it to me.
Otherwise I'm done with this, Casey.
Judge Taft is a pompous son of a bitch.
I left criminal law because of him.
What'd he do? For starters, wrongfully convicted my client of a crime she didn't commit.
Your expert witness was ready to testify that her baby had a rare disease.
He was a genetics professor.
He believed the antifreeze evidence was a lab mistake.
All I needed was the money to pay for the test.
And because you were court-appointed, Judge Taft had to approve all expenses.
He called the test "junk science".
Wouldn't even let me introduce the theory.
That's strange.
The Taft I know is a crusader for mothers.
Oh, wait, let me guess.
You prosecuted June Cleaver.
Wealthy, educated, a husband still in the picture? You think he has some kind of class bias? I think he has got a real specific idea of what a good mother is and Rosalin Silvo did not fit that mold.
Poor, uneducated, no husband, two kids by two fathers.
He thought she was a slut and he didn't even try to hide his contempt.
After he denied my recusal motion, he let the word out to other judges and all my referrals dried up.
I liked my job, but if I'd stayed, he would have ruined me.
I'm getting Taft off the bench.
I need you to file a joint complaint with me to the judicial commission.
You're nuts.
I'm not going near this.
He puts an innocent woman in jail and that's okay with you? Your office helped put her in jail.
Why don't you do something to help get her out? August 2, 1993, Rosalin Silvo shows up at St.
Mary's ER with her one-year-old daughter, Christine.
The baby was lethargic, vomiting, and having difficulty breathing.
Docs ran tests and found high levels of ethylene glycol in her blood.
That's the active ingredient in antifreeze.
Christine was dead within hours.
The hospital notified police she'd been poisoned.
Rosalin was charged with murder.
Who's this other kid? They found out that Silvo was pregnant during her trial, had the kid in prison.
She's still in foster care.
Here's the interesting thing: Cops never found antifreeze at Silvo's apartment.
She could have tossed it on the way to hospital.
What did the ME's office say? Confirmed the hospital's findings.
Autopsy showed crystals in the baby's brain could've been caused by drinking antifreeze.
And they never turned up anything about this mystery genetic disease? Well, there was a preliminary hearing about some cousin on the father's side who allegedly died of the same disease.
But the defense lawyer couldn't find the dad, so Taft wouldn't allow the information to be introduced.
I'm all for getting an innocent woman out of jail, if she's innocent, but we don't have the manpower to fuel a vendetta, Casey.
You know, Captain, it's really not that much work.
I think we can swing it.
Thank you for being such a real helper, Elliot.
It's two interviews.
The mother and the genetics professor who was supposed to testify.
If nothing pans out, I'll drop it.
Make it quick.
Do you think Rosalin Silvo was innocent? It was a theory, in the end an untested one, but it was possible her child had MMA.
Methylmalonic Acidemia.
What is it? The body lacks an enzyme to break down protein for energy production.
Untreated, it it can be fatal.
The girl was a year old.
Wouldn't the mother know something was wrong? Symptoms often don't appear for several months to over a year.
Why did the hospital say the baby was poisoned with antifreeze? Their lab found what they thought was ethylene glycol in the girl's blood using gas chromatography.
But MMA produces a substance that older tests mistook for ethylene glycol.
Would a newer test be able to tell the difference? Definitely.
I just never got the chance to use it.
I kept waiting for someone to figure it out, you know? That it was all a mistake.
Don't get your hopes up yet.
There's no guarantee our investigation will get you out.
I know.
And it's okay if you think I'm guilty.
I probably would, if I were you.
I think my daughter does, sometimes.
You want to see her picture? Sure.
She's about what, ten now, right? Diana.
She's living with a real nice foster family.
She writes me letters and visits once in a while, but I don't know it that's so good.
This place isn't right for a kid.
Your lawyer thinks that Christine died of a rare disease.
What do you think? She must have, if she died.
Was she sick a lot? No.
She was fussy sometimes, but mostly she was very happy.
Maybe I wasn't paying attention.
But she was sick when you took her to the hospital? She was throwing up and she wasn't breathing right.
Everybody at the hospital was really nice to me till they did the tests.
They started talking about antifreeze and poisoning, and I'm thinking: "My God, who would do this to my baby?" Then the cops showed up and arrested me.
Christine died while they were taking my mug shots.
We would like your permission to exhume Christine's body.
And if there's any chance of proving she wasn't murdered, that's what's got to be done.
Diana asks me about her.
I tell her Christine smiled all the time.
That's what I'd like to remember.
Not all this.
Make sure they're good to her, okay? We got lucky.
Enough DNA from hair to test for the genetic mutation.
Did the baby have MMA? Without a doubt.
But MMA doesn't explain the calcium oxalate crystals the medical examiner found in the brain.
These head CTs were in her medical records.
The crystallization is consistent with ethylene glycol poisoning.
So where did they come from? The hospital treated the baby with an ethanol drip.
The right thing to do for antifreeze poisoning, exactly the wrong thing to do for a child with MMA.
The ethanol caused the crystals to form and more than likely killed her.
In other words, Rosalin Silvo just spent ten years in prison for nothing.
I don't know how I can be more clear.
Rosalin Silvo is innocent.
Here's the ME's report.
Judge Taft let his bias run that courtroom.
He pulled the same crap he always pulls.
Only this time he stole a woman's life.
That son of a bitch.
Seems to be the preferred way to describe this guy.
It's a disgrace.
He's an embarrassment to the bench.
I'll worry about him as soon as I get Rosalin Silvo out of jail.
She'll need a defense attorney.
I'll take her case.
I've got to write up a 440 motion right away.
I already did it for you.
As stated in our brief, we believe we have found sufficient evidence, previously unavailable at trial, proving the innocence of my client.
Furthermore, the opportunity to obtain that evidence was denied to the defense by Judge Taft.
Justice, in this case, was not only blind, it was cruel.
Ms.
Novak, where do the People stand? Your Honor, we're joining the defense's motion and ask that the court set aside Ms.
Silvo's conviction.
After reviewing the motion, I must concur with Counsel.
The only possible remedy is to vacate Ms.
Silvo's conviction.
We're adjourned.
Thank you.
Well, Judge Clark, it's nice to see you haven't forgotten your meager beginnings as a legal aide attorney.
Ms.
Novak, will you be combing through all the decisions I've made? Because I can get the files if you'd like.
That depends.
How many other defendants have you falsely convicted? History is full of mistakes, Ms.
Novak.
Even your short history.
You're not threatening her, are you? Some people might find that conduct unbecoming of an officer of the court.
You can't bully your way out of this, Oliver.
Well, almost makes me miss all this.
I don't know.
I think you'd miss your expense account more.
Casey Novak.
Oh, God.
Why wasn't she in the hospital? Released.
The parents didn't want to put her in a nursing home.
The aunt stopped by, found Alexis in her bed, already dead.
Karen was the only one home.
So she finished the job.
You have the right to remain silent.
If you give up that right, anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford one, one will be appointed for you.
Do you understand? So here we are again.
What happened? Did you miss us? Look, Karen, I'm really just looking for an explanation.
You had the perfect out.
You just place Alexis in a nursing home.
You'd never even have to think about her again.
I'm trying to understand why you had to kill her.
Detective, you do understand the child was severely brain-damaged from hypoxia? And that means she deserved to die? It means she died from injuries sustained from a prior accidental poisoning.
That's convenient for you.
That's also collateral estoppel.
My client can't be charged with murder having been acquitted of attempting the same alleged murder simply because the child dies.
Unless we're talking about two separate acts.
Which we are, right, Karen? Alexis was suffocated.
Her poisoning had nothing to do with her death.
You have nothing to say now, Karen? Come on, tell me what a good mother you are.
Tell me how it feels to place a pillow over your daughter's face and suffocate her.
I didn't want to You didn't want to what? I didn't want to bring her home.
Pete insisted.
Yeah, and that's a lot of responsibility.
A sick baby, you had to take care of her all by yourself.
She wouldn't stop crying.
That's frustrating.
I just wanted her to be quiet.
So you killed her.
You placed a pillow over her face and you killed her, Karen.
It wasn't my fault.
What was it, an accident again? No! The judge said I should do it.
It was his idea.
What Judge? Judge Taft.
He said Alexis was too sick.
I had other children to think about.
He said we would all be better off if Alexis just died.
When did Judge Taft say this to you? The other day, in court, right before I testified.
The interview's over.
Everybody out.
Did I hear her right? That nutcase thinks the judge told her to murder her daughter? Or she thinks it's a good way to get off a murder charge.
What was Taft doing, talking to a defendant alone during a trial anyway? Hanging himself.
We got the bastard now.
Doesn't that nullify her acquittal? Sure does.
Not that it matters.
We got her on homicide.
I want to make it clear.
I had no knowledge of this ex parte communication.
And as an officer of the court, I'd be duty-bound to inform you immediately.
What did he say? Well, apparently he saw her crying on the elevator at lunch.
She alleges that he told her she had to think of her other children now and that Alexis might be better off if she died, anyway.
Karen's using that to justify killing her? Then he advised her to get psychiatric help so that this tragedy wouldn't happen again.
He told her to get a shrink? That's what she said.
And I think it's a fine idea.
Uh, I've advised her not to answer any more questions.
Let's get her booked.
After that, go pick up Taft.
On what charges? Criminal Facilitation Two.
Taft told Karen to get help, which means he knew Alexis's poisoning was no accident.
He was afraid she'd try it again with her other kids.
Acquitting her gave her the means and the opportunity to commit a Class A felony.
He's protected by judicial immunity, Casey.
He smoked his judicial immunity the second he had an ex parte communication with the defendant.
Excuse me.
Detectives, if you wanted an invite, all you had to do was ask.
Well, we thought we'd class the place up a little bit.
You're going to need to step outside with us, Judge Taft.
Why? Just a private chat.
About what? Alexis Campbell is dead.
Karen suffocated her.
You knew she was a danger to that little girl, and you let her go.
This is absurd.
Your Honor, you know the law says we can't arrest you in your own home, so, uh, if you want, we could make a big scene.
You are going to be very sorry for this.
And you're going to look so pretty for your mug shot.
Docket Number 42768, People v.
Oliver Taft.
Criminal Facilitation in the Second Degree.
What is this? Your Honor, the defendant's being charged with knowingly facilitating a murder.
This is an outrage, Your Honor.
An over-zealous ADA is upset because she lost her case and is using the courts to exact retaliation.
He acted beyond the scope of his position by communicating ex parte with a woman who later committed murder.
There's no grounds for these charges.
An acquittal does not constitute aid to commit a felony.
Your Honor You're making a mockery of this court, Ms.
Novak! I'm throwing the charges out.
This is hubris, and it reeks of professional misconduct.
And you'd better believe Arthur Branch will hear about it.
The charges are dismissed, Judge Taft, with my apologies.
You're free to go.
We're at recess.
Well, I'll say this for you, you've got balls.
He won't get more than a censure from the Judicial Commission for ex parte.
We'll see.
And don't forget, now you've got a star witness for Karen Campbell's murder trial.
Judge Taft, for the record, you are here under a subpoena, which you unsuccessfully tried to quash.
That's correct.
You presided over Karen Campbell's attempted murder trial in which she waived her right to a jury.
Correct? I did.
What was your verdict? Not guilty.
Why? I felt the People had not sufficiently proved their case against the defendant.
So you think she didn't try to kill her daughter the first time? I believe I've already answered your question, Counselor.
Is that why you spoke to Karen Campbell during her trial? Because you thought she was innocent? I admit the conversation with the defendant was ill-advised.
We were on the same elevator.
She was distraught about the condition of her daughter.
I allowed my empathy to overrule my intellect.
Did it ever occur to you that Karen Campbell might be responsible for her daughter's condition? Your Honor, I must object to this line of questioning.
I am here to discuss what I said to the defendant, not to discuss my thoughts or feelings about her.
On the contrary, Your Honor.
The defendant claims Judge Taft instructed her to kill her daughter.
It's important to establish the witness's state of mind at that time of the conversation.
Judge Taft, answer the question.
I will remind you that you have no legal standing to object in this court.
You felt sorry for the defendant.
So you must've decided she was innocent, even though the trial hadn't yet concluded? That's not true.
So you thought she was guilty? I hadn't yet formed an opinion.
As you just said, the trial had not concluded.
I know, which is why it's so strange that you were talking to her.
Why did you tell the defendant to "seek psychiatric help so this tragedy doesn't occur again"? She was upset.
Because it sounds like you think she really did poison her daughter.
It was a mistake.
Is that what you want me to say, Ms.
Novak? One mistake in almost three decades on the bench! Didn't you make another arguably bigger mistake when you wrongfully convicted Rosalin Silvo of murdering her daughter and sent her to prison for ten years? That's a separate issue, and completely immaterial to this case.
You can't object, Judge Taft But I can, Ms.
Novak.
Get back to the case at hand.
Did you tell Karen Campbell to suffocate her daughter? Absolutely not.
But you talked to her, even though it was clearly improper.
It was a mistake.
You don't make mistakes, though.
You make judgments.
Who's innocent, who's guilty.
You saw Rosalin Silvo and she was a whore.
That means she's a bad mother.
And then you saw Karen Campbell.
Why did you talk to her, Judge? Your Honor Why talk to Karen Campbell? Why talk to a woman that tried to murder her daughter? I didn't know! Didn't know what? That she'd turn around and try to do it again? I thought they were good people! That's enough.
Ms.
Novak, try that again and you're in contempt.
Sir, you will be as well, if you don't sit down now.
Nothing further.
On the sole charge of Murder in the Second Degree, how do you find? We find the defendant guilty.
Ladies and gentlemen of the jury, you've performed your duties admirably, and I thank you for your service.
And may I say for the record, this is a crime that could've been prevented.
While this trial exemplifies the very best aspects of our legal system, it has also highlighted its flaws.
It is my sincere hope that in the future those flaws can be corrected.
The defendant will be held over for sentencing.
This court is adjourned.
Your Honor, this way! The chief administrative judge says you're going to be reassigned to civil court.
What's your reaction? The previous conviction of Rosalin Silvo was overturned.
How many others will be disproven? What about the rumor that the Governor has asked the Judicial Commission to investigate your conduct?
In New York City, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit.
These are their stories.
The doctors said if she survives, she'll be brain-damaged.
Now, were you with your niece when she got sick? My brother called, frantic.
Alexis wasn't breathing.
Pete wanted me to meet him here, to help take care of the kids while they talked to the doctors.
How long has Alexis lived with them? He and Karen adopted her from Romania last year when she was three.
And these two were a surprise.
They were born right after the adoption.
The hospital called you because they think Alexis was poisoned.
What do you think? My sister-in-law did it.
She's so cruel to her.
Never a kind word, never a kiss or a hug.
And how does she treat the other children? Karen dotes on the twins and Katie.
Alexis she sees as a burden.
How old is Katie? Seven.
Do you think she might be able to tell us what happened? She loves Alexis.
I hope so.
Can you tell me what happened when you came home from school today? I watched SpongeBob.
Where was Alexis? In the corner in the kitchen.
What was she doing in the corner? When she's bad, Mommy puts her there and makes her practice her numbers.
She can only count to ten, so she has to do it over and over and over.
What kind of bad things does she do? Today she wrote on the wall with a crayon.
Did you see Alexis drink or eat anything bad today? She drank the soapy water.
What soapy water? Mommy gave Alexis a pail to wash the wall.
She was crying, so Mommy put the sponge in her mouth.
She kept spitting it out.
Mommy got mad.
And when Mommy got mad, what did she do then? She made it all soapy again and put it back in her mouth.
Alexis was coughing.
Then what happened? She threw up.
She kept trying to sit down, but Mommy made her stand in the corner again.
When Daddy came home, Alexis fell, and she wouldn't get up.
Katie? Mommy.
The doctor said that you needed to see us.
Why don't you let Katie say good night to Alexis? Come on, sweetheart.
What's wrong? We'd like both of you to come to our precinct.
We have to get the children home.
Lady, if I have anything to say about it, you'll never see those kids again.
You're under arrest.
What? For the attempted murder of your adopted daughter.
You have the right to remain silent Let's go.
Look, you're making a mistake.
I love Alexis.
Not according to your sister-in-law.
Wendy never liked me.
You can't listen to her.
Can we listen to Katie, Mrs.
Campbell? Oh, sure, Detective, because seven-year-olds are so reliable.
Tomorrow she'll tell you a pony with wings lives in her closet.
So Katie made the whole thing up, huh? Like how you shoved a sponge full of soapy water into Alexis's mouth, repeatedly, while she gagged and cried? I don't know where Katie would get that.
Then you made her stand in a corner, counting, until she collapsed? Plenty of children accidentally ingest household poisons.
Sad, but it's a fact of life.
It's not a crime.
So it was an accident? I feel terrible that I wasn't paying close enough attention.
But I can't possibly be everywhere at once.
I have four children.
I'm a good mother.
I would never hurt Alexis.
Why don't you believe me? We do, Mr.
Campbell.
That's why you're not under arrest.
My wife did nothing wrong.
But you couldn't know what your wife did.
You were gone all day.
I told you, when I got home from work, Alexis had stopped breathing and Karen was hysterical.
If we wanted to poison Alexis, why would we rush her to the hospital? Actually, I'm interested in why your wife does the things she does.
Like what? Berate and emotionally abuse your adopted daughter.
That's a lie! Calling your sister a liar? She says Karen treats that girl worse than a dog.
Wendy was always jealous of my wife.
How can I make you understand? Karen loved Alexis.
You mean "loves" Alexis, don't you, Mr.
Campbell? Present tense? The girl's not dead yet.
The emergency room pumped two cups of detergent out of Alexis's stomach.
Mrs.
Campbell's accident story is a bunch of crap.
No kid is going to drink two cups of that stuff willingly.
What about the dear old dad? He had to know his wife hated that kid.
Wasn't home, so he's not criminally responsible.
But we've got the mother, right? How's the seven-year-old? Solid.
No chance you influenced her statement? None.
I've been doing this a little bit longer than you.
Just making sure we're covered.
Children under nine aren't automatically swearable.
I can talk to her.
If she knows the difference between a lie and the truth and the consequences of telling a lie in court, then she can testify.
Okay, tell me what color that is? Purple.
What if I said it was orange? Would that be the truth or would that be a lie? A lie.
How come? Because it's purple.
Right.
Now let me ask you something about about promises.
If you promise your mother that you're going to clean your room and then you don't do it, what happens? I get in trouble.
Why is that? Because I promised.
Right again.
You're really good.
Do you ever go to church sometimes? Who lives in church? God.
Are allowed to lie to God? No.
If you make a promise to God that you're only going to tell the truth, do you have to keep that promise? What if you tell a lie? You really, really get in trouble.
Your chief witness is the defendant's seven-year-old daughter? That sounds a bit imprudent.
Prior courts have held otherwise.
Rittenhouse v.
North Hempstead found a three-year-old wasn't automatically presumed incompetent to testify.
Ah, but you're in my court now.
And La plant v.
Atias disqualified a seven-year-old witness.
It's completely subjective.
Which is why a psychiatrist examined Katie Campbell and determined she understands her duty to tell the truth.
I'm sure the People won't mind if I determine that myself.
It's not necessary, Your Honor.
But again, it's in my court.
Produce the girl and I'll conduct the swearability examination in chambers.
By the way, Ms.
Novak, when you appear in my courtroom, I would appreciate you are dressed appropriately.
By that I mean in a skirt.
I don't want you to be afraid, Ms.
Campbell, I just want you to answer the questions as honestly as you can.
Understand? You have to speak up for the lady typing.
Now, Ms.
Campbell, do you understand the difference between the truth and a lie? Yeah.
If you told us about something you did not see or hear, would that be the truth or a lie? What? Do you understand the question? Um Speak aloud.
Let the record show that the witness is unable to answer the question.
If you came into court, raised your right hand, and you swore to tell the truth, and you told a lie, what do you think would happen to you? I don't know.
Do you know what the word "truth" means? Thank you.
You're excused.
Well, I think that answers the question of swearability.
With all due respect, Your Honor, I was confused by those questions.
I wouldn't go around admitting that, Ms.
Novak.
Defense moves for dismissal.
Without the People's witness, there's no case.
Your Honor didn't say she can't testify, she just can't be sworn.
Her statement can be corroborated by the detergent found in the victim's stomach.
Evidence which also corroborates accidental ingestion.
It might.
Why don't we let a jury decide? Mr.
Gates, I'm inclined to agree with Ms.
Novak.
Then I move to suppress the girl's testimony, Your Honor.
She spoke with an SVU detective alone, without parental supervision.
That's standard procedure.
Child witnesses don't need parental supervision.
We can't be sure anything this girl said wasn't influenced by the police.
SVU detectives are trained to interview children And I'd love to hear all about that.
I'm ordering a Hudy hearing.
Your detective proves he didn't tell young Ms.
Campbell what to say, I'll allow her testimony.
Det.
Stabler, At any point during your questioning of Katie Campbell, did you suggest her mother was responsible for poisoning the victim? Never.
In fact, Katie introduced her mother into the conversation without any prompting.
Did you vilify or criticize her mother in a way that would influence her statement? I expressed no opinion about the defendant.
Thank you.
Nothing further, Your Honor.
Why haven't we heard the audiotape of this interview, Det.
Stabler? Standard procedure does not require police to record interviews with witnesses.
How convenient.
So if you make a mistake, no one will hear it.
I didn't make a mistake.
In general, when a child is injured, who is your first suspect? Depends on the circumstances.
Ah, come on, Detective, isn't it true you look to the parents before anyone else? When the situation warrants it, yes.
Are you out to get Karen Campbell? Of course not.
Didn't you tell my client that if you had anything to do with it, she'd never see her kids again? That's out of context.
Yes or no, Detective? Yes.
Sounds like you had pretty strong feelings about my client's guilt the moment you met her.
My feelings have nothing to do with any of this.
Now you assumed my client was guilty, and it influenced how you questioned her seven-year-old daughter.
That's completely false.
I know how to conduct an interview.
Thank you, Detective.
Nothing further.
You're excused, Detective.
Ms.
Novak, I'm afraid the People haven't met their burden of proving the interview wasn't suggestive.
Therefore the defense motion to suppress the witness's testimony is granted.
This is a joke.
I beg your pardon, Det.
Stabler? I said this is a joke.
You'd be wise to remember no one cares what you think once you're out of that box, Detective.
The interview wasn't suggestive.
Elliot, stop You're one of these judges who thinks cops strong-arm witnesses in order to make their case.
You think I bullied a seven-year-old into lying? Elliot, leave.
No, Elliot, stay.
Enjoy the hospitality of our holding cells.
You're in contempt.
Officer of the court, escort the Detective out of here.
You all right? I'm great.
Thanks for getting me a couple hours off.
You're not blaming this on me.
You did let that defense attorney trash me pretty good.
That stunt that you pulled, that's gonna help ensure that Judge Taft is gonna screw me in the trial.
But, hey, at least your ego's still intact.
You got me out to talk about my ego? I did not get you out of there.
I called in a favor.
The contempt citation is withdrawn.
So if you could possibly stop acting like a petulant child, that will be thanks enough.
And you.
You need to start playing nice with Oliver Taft.
This guy is an arrogant prick.
True.
And he completely takes issue with young attorneys who think they know more about the law than he does.
And you're worried about my ego.
This guy abuses his power and gets away with it.
You didn't help the situation by mouthing off to the trial judge.
This isn't law school, Casey.
This is the real world.
Pick your battles.
Winning the trial's more important than wearing a skirt.
If there are no other matters, let's start jury selection tomorrow morning.
Amenable? No conflicts, Your Honor.
That's fine, Your Honor.
It's so nice when we can all get along.
Assault One seems reasonable, but we're not overreaching with the attempted murder charge, are we, Ms.
Novak? The grand jury didn't think so, Your Honor.
Fine.
Just wanted to be sure.
Actually, Your Honor, the defense has one more matter.
My client would like to waive her right to a jury trial in favor of proceeding before the court.
Your Honor, this is strategy.
People v.
Williams.
A waiver can be denied if it's intended to seek an impermissible advantage.
What advantage, Ms.
Novak? Your perceived favor, sir.
Hmm.
Waiving a jury trial is more a risk to the defendant than the prosecution.
Convincing 12 people of guilt is harder than convincing one judge.
But if your client understands the consequences of her waiver, I'll grant it.
I do, Your Honor.
Very well.
Then we proceed directly to trial.
Something else, Ms.
Novak? Yes, sir.
The People request that Your Honor recuse himself from this trial.
On what grounds? That your conduct indicates a clear bias toward the defense.
Recusing yourself now would preserve the appearance of impartiality on the part of this court.
Judges are charged to examine their conscience for any hint of bias and then decide accordingly.
Perhaps we should do that more often? I'm satisfied that I'm impartial in this case.
Your motion is denied, Ms.
Novak, but I do thank you for your candor.
Opening arguments tomorrow morning.
You asked an egomaniac to recuse himself? He as much as told the defense that if they waived a jury, he'd acquit.
"You were reaching with the attempted murder charge, Ms.
Novak.
" What the hell is that? It's a tactic.
He's trying to get you to plead out the case and make his life easier.
You're staying the trial? Why? To get Taft recused or disqualified.
I've got an appearance before an appellate judge this afternoon.
It's one thing to ask for a recusal, but to publicly humiliate a judge? You'll be the enemy in every courtroom in Manhattan.
I'm already the enemy as far as Taft is concerned.
The trial judge is the sole arbiter of recusal.
If Taft believes he's impartial, the Appellate Term will have no reason to find otherwise.
So a biased judge gets to decide if he's biased.
Yes.
That's our legal system, so work within it.
Plead out the case, or you're looking at an acquittal.
Bad news travels fast.
We have to plead Karen Campbell out, Elliot.
I have no choice.
Don't be so sure.
Records of the agency the Campbell's used to adopt Alexis.
Karen tried to give her back.
When? February of this year, six months after they adopted her.
Yeah, she loved her so much she wouldn't hurt Alexis.
Bull.
Let's see Taft try and throw this out.
I was feeling overwhelmed with the twins.
I admit that.
And I'm embarrassed that I could even think about giving Alexis to someone else.
But it was only because I thought she'd be better off with a mother that could be devoted to her.
And you couldn't do that? No.
And if I'm guilty of anything, it's of not being able to keep my eye on her all the time.
After you discovered that Alexis had gotten into the detergent, how did she act? Fine.
Until she threw up.
But my other daughter had had the stomach flu the week before, and I had just thought that she caught it.
And then she passed out.
She turned blue.
My husband came home from work and we rushed her to the hospital.
Thank you, Mrs.
Campbell.
Your witness.
You say Alexis was fine.
All day? Yes.
I'd like the court reporter to read back the testimony of Dr.
Langenhahn, the pediatrician, regarding the exact nature of Alexis's injuries.
Dr.
Langenhahn: "The victim suffered pneumonitis from vomiting "and then aspirating the cleaning solution, causing her to slowly suffocate.
" Ms.
Novak: "What symptoms would someone with pneumonitis exhibit?" Dr.
Langenhahn: "Intense coughing, labored breathing, vomiting.
The victim would have been in excruciating pain for hours.
" "Excruciating pain for hours.
" Does that sound like Alexis was fine? No.
What the doctor said is not true.
Alexis was okay.
You knew she'd ingested cleaning solution that afternoon.
Why didn't you take her to the hospital then? I didn't know how much.
When you finally did take her to the ER, were you afraid the doctors might suspect you poisoned her? No! Isn't that why you delayed getting your daughter medical attention? Because you were more concerned about getting in trouble than saving her life? No, I love Alexis.
Objection.
She's badgering.
Sustained.
Nothing further.
There is little doubt in anyone's mind that the events leading up to Alexis Campbell's terrible injuries are tragic and regrettable.
And no matter the outcome of these proceedings, a little girl will never be the same.
Mrs.
Campbell, please rise.
After considering all the facts and weighing the importance of the witness testimony, I find that there is a single piece of evidence that is paramount throughout this trial.
And that is the fact that you love your daughter.
And because of that, I believe that you did not force or encourage her to drink a poisonous substance.
This was a tragedy in some ways compounded by this trial.
I will not compound it further.
Not guilty on all charges.
Thank you.
Thank you so much.
I'm sorry.
Don't be.
I know you went to the mat on this one.
Sometimes it just doesn't work out.
I want Taft off the bench.
And I want a '65 Stingray.
No, I'm serious.
I'm going after him.
Casey, it's not worth it.
Look, what good does it do anybody for you to kill your career? If this is justice, I don't want this career.
Casey, what's wrong? I need a favor.
If this is about Taft, forget it.
I've been going through his decisions over the past ten years.
He's capricious, he disregards procedure on a whim.
He dismissed assault charges without a motion and without a hearing, and he repeatedly sets exorbitant bail to force pleas.
Casey, this is a total waste of time.
And every attorney that asks for Taft's recusal, they lose, including another child-poisoning case, The People v.
Rosalin Silvo.
All right, let me see it.
Here are the transcripts.
Silvo takes her daughter to the emergency room, she gets arrested for poisoning her with antifreeze.
She waives her jury at the trial, Taft disallows an expert witness who's gonna testify that her daughter has a genetic disease.
So Silvo's attorney asks for Taft's recusal.
Silvo's doing 25 to life.
Do you know what this is? You don't know what this is.
You've no idea what the circumstances were.
This is grounds for getting his ass thrown off the bench.
I need you to call Jack Dryer at the State Commission on Judicial Conduct and ask if anyone's filed confidential complaints against Taft.
No.
Absolutely not.
You want to talk to Dryer, be my guest.
But I guarantee he's going to laugh you out of his office.
I'm asking you to make one phone call.
And I'm telling you that nothing you've shown me proves that Taft's done anything unethical or improper.
You find such proof, bring it to me.
Otherwise I'm done with this, Casey.
Judge Taft is a pompous son of a bitch.
I left criminal law because of him.
What'd he do? For starters, wrongfully convicted my client of a crime she didn't commit.
Your expert witness was ready to testify that her baby had a rare disease.
He was a genetics professor.
He believed the antifreeze evidence was a lab mistake.
All I needed was the money to pay for the test.
And because you were court-appointed, Judge Taft had to approve all expenses.
He called the test "junk science".
Wouldn't even let me introduce the theory.
That's strange.
The Taft I know is a crusader for mothers.
Oh, wait, let me guess.
You prosecuted June Cleaver.
Wealthy, educated, a husband still in the picture? You think he has some kind of class bias? I think he has got a real specific idea of what a good mother is and Rosalin Silvo did not fit that mold.
Poor, uneducated, no husband, two kids by two fathers.
He thought she was a slut and he didn't even try to hide his contempt.
After he denied my recusal motion, he let the word out to other judges and all my referrals dried up.
I liked my job, but if I'd stayed, he would have ruined me.
I'm getting Taft off the bench.
I need you to file a joint complaint with me to the judicial commission.
You're nuts.
I'm not going near this.
He puts an innocent woman in jail and that's okay with you? Your office helped put her in jail.
Why don't you do something to help get her out? August 2, 1993, Rosalin Silvo shows up at St.
Mary's ER with her one-year-old daughter, Christine.
The baby was lethargic, vomiting, and having difficulty breathing.
Docs ran tests and found high levels of ethylene glycol in her blood.
That's the active ingredient in antifreeze.
Christine was dead within hours.
The hospital notified police she'd been poisoned.
Rosalin was charged with murder.
Who's this other kid? They found out that Silvo was pregnant during her trial, had the kid in prison.
She's still in foster care.
Here's the interesting thing: Cops never found antifreeze at Silvo's apartment.
She could have tossed it on the way to hospital.
What did the ME's office say? Confirmed the hospital's findings.
Autopsy showed crystals in the baby's brain could've been caused by drinking antifreeze.
And they never turned up anything about this mystery genetic disease? Well, there was a preliminary hearing about some cousin on the father's side who allegedly died of the same disease.
But the defense lawyer couldn't find the dad, so Taft wouldn't allow the information to be introduced.
I'm all for getting an innocent woman out of jail, if she's innocent, but we don't have the manpower to fuel a vendetta, Casey.
You know, Captain, it's really not that much work.
I think we can swing it.
Thank you for being such a real helper, Elliot.
It's two interviews.
The mother and the genetics professor who was supposed to testify.
If nothing pans out, I'll drop it.
Make it quick.
Do you think Rosalin Silvo was innocent? It was a theory, in the end an untested one, but it was possible her child had MMA.
Methylmalonic Acidemia.
What is it? The body lacks an enzyme to break down protein for energy production.
Untreated, it it can be fatal.
The girl was a year old.
Wouldn't the mother know something was wrong? Symptoms often don't appear for several months to over a year.
Why did the hospital say the baby was poisoned with antifreeze? Their lab found what they thought was ethylene glycol in the girl's blood using gas chromatography.
But MMA produces a substance that older tests mistook for ethylene glycol.
Would a newer test be able to tell the difference? Definitely.
I just never got the chance to use it.
I kept waiting for someone to figure it out, you know? That it was all a mistake.
Don't get your hopes up yet.
There's no guarantee our investigation will get you out.
I know.
And it's okay if you think I'm guilty.
I probably would, if I were you.
I think my daughter does, sometimes.
You want to see her picture? Sure.
She's about what, ten now, right? Diana.
She's living with a real nice foster family.
She writes me letters and visits once in a while, but I don't know it that's so good.
This place isn't right for a kid.
Your lawyer thinks that Christine died of a rare disease.
What do you think? She must have, if she died.
Was she sick a lot? No.
She was fussy sometimes, but mostly she was very happy.
Maybe I wasn't paying attention.
But she was sick when you took her to the hospital? She was throwing up and she wasn't breathing right.
Everybody at the hospital was really nice to me till they did the tests.
They started talking about antifreeze and poisoning, and I'm thinking: "My God, who would do this to my baby?" Then the cops showed up and arrested me.
Christine died while they were taking my mug shots.
We would like your permission to exhume Christine's body.
And if there's any chance of proving she wasn't murdered, that's what's got to be done.
Diana asks me about her.
I tell her Christine smiled all the time.
That's what I'd like to remember.
Not all this.
Make sure they're good to her, okay? We got lucky.
Enough DNA from hair to test for the genetic mutation.
Did the baby have MMA? Without a doubt.
But MMA doesn't explain the calcium oxalate crystals the medical examiner found in the brain.
These head CTs were in her medical records.
The crystallization is consistent with ethylene glycol poisoning.
So where did they come from? The hospital treated the baby with an ethanol drip.
The right thing to do for antifreeze poisoning, exactly the wrong thing to do for a child with MMA.
The ethanol caused the crystals to form and more than likely killed her.
In other words, Rosalin Silvo just spent ten years in prison for nothing.
I don't know how I can be more clear.
Rosalin Silvo is innocent.
Here's the ME's report.
Judge Taft let his bias run that courtroom.
He pulled the same crap he always pulls.
Only this time he stole a woman's life.
That son of a bitch.
Seems to be the preferred way to describe this guy.
It's a disgrace.
He's an embarrassment to the bench.
I'll worry about him as soon as I get Rosalin Silvo out of jail.
She'll need a defense attorney.
I'll take her case.
I've got to write up a 440 motion right away.
I already did it for you.
As stated in our brief, we believe we have found sufficient evidence, previously unavailable at trial, proving the innocence of my client.
Furthermore, the opportunity to obtain that evidence was denied to the defense by Judge Taft.
Justice, in this case, was not only blind, it was cruel.
Ms.
Novak, where do the People stand? Your Honor, we're joining the defense's motion and ask that the court set aside Ms.
Silvo's conviction.
After reviewing the motion, I must concur with Counsel.
The only possible remedy is to vacate Ms.
Silvo's conviction.
We're adjourned.
Thank you.
Well, Judge Clark, it's nice to see you haven't forgotten your meager beginnings as a legal aide attorney.
Ms.
Novak, will you be combing through all the decisions I've made? Because I can get the files if you'd like.
That depends.
How many other defendants have you falsely convicted? History is full of mistakes, Ms.
Novak.
Even your short history.
You're not threatening her, are you? Some people might find that conduct unbecoming of an officer of the court.
You can't bully your way out of this, Oliver.
Well, almost makes me miss all this.
I don't know.
I think you'd miss your expense account more.
Casey Novak.
Oh, God.
Why wasn't she in the hospital? Released.
The parents didn't want to put her in a nursing home.
The aunt stopped by, found Alexis in her bed, already dead.
Karen was the only one home.
So she finished the job.
You have the right to remain silent.
If you give up that right, anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford one, one will be appointed for you.
Do you understand? So here we are again.
What happened? Did you miss us? Look, Karen, I'm really just looking for an explanation.
You had the perfect out.
You just place Alexis in a nursing home.
You'd never even have to think about her again.
I'm trying to understand why you had to kill her.
Detective, you do understand the child was severely brain-damaged from hypoxia? And that means she deserved to die? It means she died from injuries sustained from a prior accidental poisoning.
That's convenient for you.
That's also collateral estoppel.
My client can't be charged with murder having been acquitted of attempting the same alleged murder simply because the child dies.
Unless we're talking about two separate acts.
Which we are, right, Karen? Alexis was suffocated.
Her poisoning had nothing to do with her death.
You have nothing to say now, Karen? Come on, tell me what a good mother you are.
Tell me how it feels to place a pillow over your daughter's face and suffocate her.
I didn't want to You didn't want to what? I didn't want to bring her home.
Pete insisted.
Yeah, and that's a lot of responsibility.
A sick baby, you had to take care of her all by yourself.
She wouldn't stop crying.
That's frustrating.
I just wanted her to be quiet.
So you killed her.
You placed a pillow over her face and you killed her, Karen.
It wasn't my fault.
What was it, an accident again? No! The judge said I should do it.
It was his idea.
What Judge? Judge Taft.
He said Alexis was too sick.
I had other children to think about.
He said we would all be better off if Alexis just died.
When did Judge Taft say this to you? The other day, in court, right before I testified.
The interview's over.
Everybody out.
Did I hear her right? That nutcase thinks the judge told her to murder her daughter? Or she thinks it's a good way to get off a murder charge.
What was Taft doing, talking to a defendant alone during a trial anyway? Hanging himself.
We got the bastard now.
Doesn't that nullify her acquittal? Sure does.
Not that it matters.
We got her on homicide.
I want to make it clear.
I had no knowledge of this ex parte communication.
And as an officer of the court, I'd be duty-bound to inform you immediately.
What did he say? Well, apparently he saw her crying on the elevator at lunch.
She alleges that he told her she had to think of her other children now and that Alexis might be better off if she died, anyway.
Karen's using that to justify killing her? Then he advised her to get psychiatric help so that this tragedy wouldn't happen again.
He told her to get a shrink? That's what she said.
And I think it's a fine idea.
Uh, I've advised her not to answer any more questions.
Let's get her booked.
After that, go pick up Taft.
On what charges? Criminal Facilitation Two.
Taft told Karen to get help, which means he knew Alexis's poisoning was no accident.
He was afraid she'd try it again with her other kids.
Acquitting her gave her the means and the opportunity to commit a Class A felony.
He's protected by judicial immunity, Casey.
He smoked his judicial immunity the second he had an ex parte communication with the defendant.
Excuse me.
Detectives, if you wanted an invite, all you had to do was ask.
Well, we thought we'd class the place up a little bit.
You're going to need to step outside with us, Judge Taft.
Why? Just a private chat.
About what? Alexis Campbell is dead.
Karen suffocated her.
You knew she was a danger to that little girl, and you let her go.
This is absurd.
Your Honor, you know the law says we can't arrest you in your own home, so, uh, if you want, we could make a big scene.
You are going to be very sorry for this.
And you're going to look so pretty for your mug shot.
Docket Number 42768, People v.
Oliver Taft.
Criminal Facilitation in the Second Degree.
What is this? Your Honor, the defendant's being charged with knowingly facilitating a murder.
This is an outrage, Your Honor.
An over-zealous ADA is upset because she lost her case and is using the courts to exact retaliation.
He acted beyond the scope of his position by communicating ex parte with a woman who later committed murder.
There's no grounds for these charges.
An acquittal does not constitute aid to commit a felony.
Your Honor You're making a mockery of this court, Ms.
Novak! I'm throwing the charges out.
This is hubris, and it reeks of professional misconduct.
And you'd better believe Arthur Branch will hear about it.
The charges are dismissed, Judge Taft, with my apologies.
You're free to go.
We're at recess.
Well, I'll say this for you, you've got balls.
He won't get more than a censure from the Judicial Commission for ex parte.
We'll see.
And don't forget, now you've got a star witness for Karen Campbell's murder trial.
Judge Taft, for the record, you are here under a subpoena, which you unsuccessfully tried to quash.
That's correct.
You presided over Karen Campbell's attempted murder trial in which she waived her right to a jury.
Correct? I did.
What was your verdict? Not guilty.
Why? I felt the People had not sufficiently proved their case against the defendant.
So you think she didn't try to kill her daughter the first time? I believe I've already answered your question, Counselor.
Is that why you spoke to Karen Campbell during her trial? Because you thought she was innocent? I admit the conversation with the defendant was ill-advised.
We were on the same elevator.
She was distraught about the condition of her daughter.
I allowed my empathy to overrule my intellect.
Did it ever occur to you that Karen Campbell might be responsible for her daughter's condition? Your Honor, I must object to this line of questioning.
I am here to discuss what I said to the defendant, not to discuss my thoughts or feelings about her.
On the contrary, Your Honor.
The defendant claims Judge Taft instructed her to kill her daughter.
It's important to establish the witness's state of mind at that time of the conversation.
Judge Taft, answer the question.
I will remind you that you have no legal standing to object in this court.
You felt sorry for the defendant.
So you must've decided she was innocent, even though the trial hadn't yet concluded? That's not true.
So you thought she was guilty? I hadn't yet formed an opinion.
As you just said, the trial had not concluded.
I know, which is why it's so strange that you were talking to her.
Why did you tell the defendant to "seek psychiatric help so this tragedy doesn't occur again"? She was upset.
Because it sounds like you think she really did poison her daughter.
It was a mistake.
Is that what you want me to say, Ms.
Novak? One mistake in almost three decades on the bench! Didn't you make another arguably bigger mistake when you wrongfully convicted Rosalin Silvo of murdering her daughter and sent her to prison for ten years? That's a separate issue, and completely immaterial to this case.
You can't object, Judge Taft But I can, Ms.
Novak.
Get back to the case at hand.
Did you tell Karen Campbell to suffocate her daughter? Absolutely not.
But you talked to her, even though it was clearly improper.
It was a mistake.
You don't make mistakes, though.
You make judgments.
Who's innocent, who's guilty.
You saw Rosalin Silvo and she was a whore.
That means she's a bad mother.
And then you saw Karen Campbell.
Why did you talk to her, Judge? Your Honor Why talk to Karen Campbell? Why talk to a woman that tried to murder her daughter? I didn't know! Didn't know what? That she'd turn around and try to do it again? I thought they were good people! That's enough.
Ms.
Novak, try that again and you're in contempt.
Sir, you will be as well, if you don't sit down now.
Nothing further.
On the sole charge of Murder in the Second Degree, how do you find? We find the defendant guilty.
Ladies and gentlemen of the jury, you've performed your duties admirably, and I thank you for your service.
And may I say for the record, this is a crime that could've been prevented.
While this trial exemplifies the very best aspects of our legal system, it has also highlighted its flaws.
It is my sincere hope that in the future those flaws can be corrected.
The defendant will be held over for sentencing.
This court is adjourned.
Your Honor, this way! The chief administrative judge says you're going to be reassigned to civil court.
What's your reaction? The previous conviction of Rosalin Silvo was overturned.
How many others will be disproven? What about the rumor that the Governor has asked the Judicial Commission to investigate your conduct?