Law & Order UK Season 4 Episode 3 Shaken
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00:00The prosecutors who prosecute the offenders, these are their stories.
00:30You think Alice can sleep with that racket on?
00:36Sorry, I wasn't thinking.
00:37Yeah, I hope you had the monitor with him.
00:39Of course.
00:42He's out for the camp.
00:48The monitor is switched off, Layla.
00:56Call 999.
00:57Phone 999, Layla.
01:04Now! Call 999!
01:07Now!
01:14Mr. Raines, you'll be allowed to carry his son to the ambulance and hold him on the way to the hospital.
01:21You'll both be able to stay with him for as long as you need.
01:24Where is he? Where's Alan Bailey? Where's Alex?
01:27Where is he?
01:31Susie.
01:33No.
01:35No.
01:36No, don't.
01:37Don't!
01:38Don't!
01:38Clear signs of encephalopathy, intracranial and intraocular bleeding.
01:56Hang on, I thought it was caught there.
01:57It's not. That's why I called you in.
01:59He has the typical triad of injuries seen in shaken baby syndrome.
02:04So you're saying someone shook him?
02:06Well, I checked for everything else.
02:10And the time of death is between 7 and 9 p.m.?
02:12Yes, but the abuse could have occurred any time in the last 12 hours of his life.
02:17Right, so working back from time of death, someone could have shook the baby at, say, 7 o'clock yesterday morning and it would have took him 12 hours to die.
02:25It's possible.
02:27You ask me, someone picked that baby up and shook it for all it's worth.
02:31You ask me, someone said, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're saying, you're
03:01This baby monitor is state-of-the-art stuff.
03:28Breathing sensor, camera, recording device.
03:32Was there a video recording of that night?
03:34There was, but when the monitor's switched off, it automatically deletes the last recording unless you press save.
03:40Is there a way to retrieve the recording?
03:42I can't, but I know a man who can if he has a hard drive.
03:46Might take a while, though. Get onto it straight away.
03:49So, do we know who had access to the baby?
03:52Well, Suzanne Rains hands the baby over to the nanny and leaves for work at 7.30.
03:59Well, that's all it takes. Half an hour.
04:02Mum's running late for work, the baby holds her up, she loses her rag.
04:06Hang on. Mum's not the only one with access to the baby.
04:09In most cases of SBS, like it or not, the mum is the prime suspect.
04:14Well, that's because most of the time, the mum's the main caregiver, but that's not the case here.
04:20Yeah, there was a nanny, right?
04:22Yeah, she is living, but no formal childcare training.
04:25All right. Talk to the parents first, but go easy on them, boys.
04:32All new mums and dads worry about cot death, don't they?
04:40The first few weeks, I was up half the night checking he was still breathing.
04:44That's why we got the monitor.
04:47They're supposed to be safe after six months.
04:50When we found out that it was more likely to happen to boys than girls, then we read up about it.
04:55Mm-hmm. And we always put him on his back, and we never left him to cry.
05:01We don't think it's cot death.
05:06So what all this is about?
05:08There was bleeding in Alex's brain.
05:11Sorry, bleeding. How?
05:14Someone shook him.
05:16No. There must be some mistake.
05:21It's work. I have to take this.
05:23Just like all our voicemails used.
05:25I can't.
05:29Yes?
05:30For God's sake, love.
05:32So can't someone else?
05:33No.
05:34Okay.
05:35No. Fine.
05:36I'll deal with it.
05:41So much fucking passionately, Vic.
05:47You must be under a lot of pressure.
05:49I mean, demanding boss, little baby.
05:52Sorry, what are you getting at?
05:54It's perfectly understandable.
05:56A lot of new mums don't realize how hard it's gonna be.
05:59I mean, they're sleepless nights.
06:00No, no, no, no. Don't you dare.
06:02You know, my wife, she spends every lunch break in the toilet expressing milk so she can still breastfeed Alex.
06:10Is that something like a mum who wants to hurt a kid?
06:13Mr. Raines, we have to ask these questions.
06:21Layla told us that she normally takes over around 7.30.
06:27Can you remember what time you handed the baby over to her yesterday morning?
06:31She got him up after I left for work.
06:35I had to be in the office at six to take an international call.
06:39I'm selling some flats for an overseas client.
06:42I didn't even open the door.
06:48And what about you, sir?
06:49Did you see Alex before you went to work?
06:52No.
06:54No, I was away in Manchester on business overnight.
06:58I got back, um, I don't know, a minute, ten minutes before I found him.
07:05Right.
07:06Other than yourselves and the nanny, does anyone else have access to the house?
07:13My husband's ex-wife has a key.
07:19Andrea and I share an online jewellery business.
07:23The office is here in the house.
07:25And was she here yesterday?
07:29I was in Luton looking at samples.
07:32All day?
07:33It was a big order.
07:34The supplier wanted to take me out for lunch.
07:36We're all friends.
07:37I can give you his contact details.
07:41Then I got back early evening and it was just me, Emma Dale and a bottle of wine.
07:47Could anyone have got hold of your keys?
07:49No, I had them with me.
07:51Does Suzanne Rains mind you working with Michael?
07:53We're all grown ups.
07:56Look, it's that nanny of theirs you should be talking to.
07:58You do know about the time she overdosed the baby?
08:04A couple of months ago, Layla turned up at accident and emergency with baby addicts because he'd overdosed on cowpaw.
08:11And how does a four-month-old baby get the top of a bottle of cowpaw?
08:15Well, Layla had given him the maximum dosage meant for babies over one year old.
08:19She repeated the dosage one hour later.
08:23She obviously realised what she'd done, panicked after reading the bottle.
08:27And the parents never mentioned this?
08:29Well, Alex was absolutely fine.
08:32One mistake, alright, but two months later the baby ends up dead.
08:37Let's see what our nanny has to say.
08:40I didn't read the bottle properly.
08:42You gave him a second dose less than an hour later?
08:46I was tired. I forgot I even gave him the first lot.
08:50As soon as I realised what I'd done, I took him up the hospital.
08:53And it says here you got him to the A&E at around 10am, yeah?
08:59He was teething. Suzanne was away at some work thing.
09:03I'd been up with him after the night.
09:05So you were stressed out?
09:06Too right I was.
09:08Suzanne only used homeopathic stuff on him when he was unwell.
09:12Said she was worried about the E numbers in kids medicine.
09:16Well, that's a parent's choice.
09:18She wasn't the one stuck in the house all day with a screaming baby.
09:21So you went against her wishes?
09:23She was into all that hippie shit.
09:27You can't do attachment parenting if you work 12 hours a day.
09:31I gave Alex the cowpaw so I could get some sleep.
09:36Well, maybe you wanted some sleep the night Alex died.
09:39No.
09:41You've been up with the child since six.
09:43You must have been exhausted.
09:46I didn't hurt him.
09:48Well, Leila, you were the only one who had access to baby Alex the day he died.
09:53And you were the one who switched the baby monitor off.
09:56I didn't. It must have been faulty.
09:58Mr. Raines said your door was closed and music was blaring.
10:04Alex was asleep.
10:06How would you know if the monitor had been turned off?
10:09His room was below mine. I would have heard him.
10:11Over the music?
10:13He cried loud.
10:15Dead babies don't cry.
10:17I didn't know he was dead, did I?
10:21He was always kicking off lately. If he wasn't, he was asleep.
10:25Okay, and what do you usually do if he was to, as you say, kick off?
10:30Check the monitor, wait a bit, then go and settle him.
10:34How long's a bit?
10:36Dunno. Depends how tired I am.
10:39Five minutes?
10:41Ten?
10:42What's the big deal?
10:46Everyone does control crying.
10:48Well, Mrs. Raines specifically told us that she disapproved of it.
10:54When my girls couldn't settle, I just used to walk them up and down the hall half a night.
10:59Leaving a baby to cry it out isn't abusive.
11:01Well, when you've had a kid, you come back and tell me that.
11:04Babies need to learn the difference between night and day.
11:07Comes a time when you say they're fed, they're dry, it's time they went to sleep.
11:12Control crying teaches babies to sleep by themselves.
11:16It teaches babies that mum and dad ain't coming no matter how loud they cry.
11:20It's the only, listen, it's the only way babies can communicate.
11:22Exactly. Could be saying, I want to play peepo at 3am.
11:27Or they could be saying, I'm in pain.
11:29I wouldn't leave you crying in another room and not go to you, would I?
11:32Listen, if you ever see me crying, please make sure you do.
11:36When you've finished debating parenting techniques,
11:38perhaps you'd talk to the last people who employed Layla
11:42and see if their kid had any visits to casualty.
11:48My boss kept finding me crying all over the customers.
11:53Being away from Mia was torture.
11:56You didn't trust Layla to look after Mia?
12:00Oh, you hear all these horror stories?
12:03Nannies who shove the kid in front of the telly
12:05and spend all day on the phone to their mates.
12:09So was Layla like that?
12:11You don't know what goes on when you're out of work.
12:14And was something going up?
12:17She used to spend the whole evening on her laptop.
12:19I started worrying she was on it all day too.
12:23So I borrowed one of those nanny cams from a friend.
12:27And did you see Layla hurt Mia?
12:30No, I could hear Mia.
12:32Shut in her bedroom, crying her little heart out.
12:37Layla was on my sofa, having sex with her boyfriend.
12:41I managed to access Layla's email and social networking accounts.
12:52She met her boyfriend, Lloyd, on a social networking site for squaddies and their families.
12:57He's stationed out in Afghanistan.
13:01Right, well if he's out there, how many times did they actually meet?
13:05Only a handful.
13:06But this is the longest they've been apart.
13:09So, serious?
13:11You tell me.
13:13I can't wait to rip your clothes off and show how much I missed you.
13:19I had this really dirty dream about you last night.
13:23I had you tied to my bed.
13:26I was in control and you were begging me to touch you.
13:29Yes, yes, Ange, you get the point. Thank you, love you.
13:34The emails are nothing.
13:36I checked the media files and found...
13:39this.
13:49Well, maybe they wanted something to remember each other by when they were apart.
13:53No.
13:54Well, a passport photo in your wallet used to do the trick when I was a teenager.
13:57However, go on.
13:59Can you tell me when this was made?
14:01Down to the second.
14:02It was made the night the baby died.
14:05Recording started at 8.21 and then finished at quarter to nine,
14:12when Layla heard Michael Raines come home.
14:15So, these two are making porn movies while the baby lies dead in his cot.
14:20Any mention of the baby in the emails the day he died?
14:23I mean, what?
14:24This was sent two hours before they turned the web to come home.
14:29Michael's train delayed.
14:31Bitch, at work as usual, so no night off.
14:34They aren't gonna ruin this for us.
14:37You come here, I'll make sure the baby doesn't get in the way.
14:40I didn't think it was important.
14:41He was in the house when Alex died.
14:42Lloyd wouldn't have hurt Alex.
14:43He wouldn't hurt anyone.
14:44And what times did he come round?
14:45Not till after I put Alex to bed.
14:46Right, now you said Alex had cried a couple of times.
14:49Was that before or after Lloyd arrived at the house?
14:51Layla, we need to know the truth, please.
15:00Alex had cried a couple of times was that before or after Lloyd arrived at the house.
15:12Layla, we need to know the truth, please.
15:17Just after Lloyd got round, I went upstairs, rocked Alex back to sleep.
15:24I got to the bottom of the stairs and he woke up again.
15:26And you got angry?
15:29At Michael and Suzanne, yeah, not at Alex.
15:32But Alex was the one ruining the reunion with the boyfriend.
15:36I didn't hurt him. I wouldn't have.
15:38So who did?
15:39I don't know. I swear.
15:43Did Lloyd have any contact with the baby?
15:48Layla, we need to know.
15:52He wasn't in there long.
15:54He said he used to get his baby brother to sleep all the time.
15:58No criminal record. He's been in the army since he left school.
16:02He's been stationed in Afghanistan for the last five months. He's one of the peacekeepers.
16:07Only he's not that good at it.
16:08Lloyd Benson's been the subject of a disciplinary. Put another squad in hospital.
16:12Have you seen his family history?
16:17Yeah, grew up in Camden. Mum and dad split up a few years back. Two older sisters. There was a baby brother.
16:24Was?
16:25Yeah, the baby died at three months old.
16:28Post-mortem couldn't find cause of death, so it was classed as sudden infant death syndrome.
16:32And guess who was babysitting?
16:43It's him.
16:47Lloyd Benson.
16:49I'm arresting you on suspicion of the murder of Alexander Raines.
16:52You do not have to say anything, but it may harm your defense if you do not mention when questioned something you later rely on in court.
16:59Dante's death tore my family apart.
17:03I bet.
17:05And did your family blame you?
17:07He was 14 years old.
17:09Well, dealing with a crying baby isn't easy for an adult, is it? But, I mean, you were just a kid.
17:16I never hurt my brother, and I never hurt this kid, neither.
17:20Layla said that you went into the baby's room to settle him down. What time would that have been?
17:26I don't know. Eight-ish?
17:28And why didn't she go into him?
17:31She'd been in there five times. Every time she left the room, the baby kicked off again.
17:37So you thought you'd have a go?
17:38Yeah.
17:39And how did you do that? Settle him down, I mean.
17:43I sang him Blackbird by the Beatles. My mum used to sing it to me.
17:50Look, I just wanted to be with my girlfriend.
17:54To get back to making some more home movies?
17:56It was only for us.
18:02But the baby got in the way nonetheless.
18:04Not yet.
18:10You must be under a lot of pressure, Lloyd.
18:13I mean, what with Afghanistan and all the rest that goes with it.
18:17You have no idea.
18:18I fail to see how Private Benson's job is relevant.
18:23Well, the relevance of Private Benson's job is the fact that he attacked a fellow member of his regiment.
18:31I was trying to break up a fight. Defending my man.
18:34That is what you're trained to do, though, isn't it? I mean, defend others. Yes?
18:38Even kill, if necessary.
18:43Insurgents, not babies.
18:45Here's what I think happened, Lloyd.
18:47I think he went into that baby's room to help settle him down, and it didn't work.
18:53No.
18:53I think then maybe he cried some more.
18:56Layla was getting upset with you.
18:58It spoiled the moment for the pair of you.
19:00And maybe you lost your temper.
19:02Yeah, it spoiled the mood.
19:04Layla was upset.
19:05But anything making me lose my temper is you.
19:13Sit down, son.
19:20Lloyd wouldn't hurt a baby.
19:22You know his baby brother died, though, right?
19:25What?
19:25Yeah, he was three months old.
19:27He found dead in his cot.
19:29Lloyd was babysitting.
19:30You're lying.
19:37The death certificate said it was sudden infant death syndrome,
19:42but it wouldn't be the first time that a cot death turned out to be murder.
19:46No way.
19:48Lloyd's proper close to his family.
19:51That's a bit of a coincidence, though, isn't it?
19:53Two dead babies, and Lloyd is there alone with both of them.
20:00You know, maybe you don't know him quite as well as you think you do.
20:08Lloyd was alone in that room with Alex.
20:11You said it yourself.
20:14Now, someone got angry that night.
20:16And someone shook that baby.
20:25And if it wasn't you, then...
20:28It must have been Lloyd.
20:33Lloyd.
20:33We were in my room, playing music.
20:46Alex was crying, was doing my nutting, so I put the parent unit on silent.
20:52When the lights flash up and the screen comes on when the baby cries.
20:57The lights were flashing like mad when Lloyd went in there.
21:02Then they just stopped.
21:10Lloyd said he'd settled him.
21:12He said Alex was fast asleep.
21:14I used to know every squeaky floorboard in my girl's room.
21:25Step on the wrong one, and bang goes an hour of rocking them to sleep.
21:30But you didn't know Alex's room, Lloyd.
21:34One false move, and he's bawling his head off again.
21:37I was on my way out.
21:41Only just closed the door.
21:44And it woke him up?
21:46Must have been the light in the hall when I opened the door.
21:49Right.
21:50Which one of you two went back into the room, though, Lloyd?
21:53Was it you or Layla?
22:00Lloyd.
22:04Lloyd.
22:04The baby monitor in Alex's bedroom had a camera with a recording device.
22:13And we have people working on that hard drive, retrieving that recording.
22:19So pretty soon, we're going to be able to see when that baby was in and out of that cot.
22:25And we're going to be able to hear every sound from that room on that night.
22:32Are you going to make me wait for those results?
22:36Or are you going to tell me now what I'm going to see and hear from that recording?
22:45Lloyd.
22:48Layla went back in.
22:52Started shouting at him, told him to shut up.
22:54She just completely lost it.
23:00I went in after her.
23:03Baby was in a cot screaming.
23:08I told Layla I'd sought it.
23:12So did you pick the baby up?
23:13Did you pick the baby up again?
23:18No, I should have.
23:20I know if he kept crying, then Layla wouldn't want to...
23:24Well, have sex.
23:29So what did you do?
23:32What did you do, Lloyd?
23:34I turned it off.
23:35I turned the baby monitor off.
23:47They're going to stick to their stories.
23:49We're not going to get a confession out of either of them.
23:52It could be either one of them.
23:53We've got the medical evidence and the laptop.
23:56We're just waiting on the recording from the baby monitor now.
23:59He puts her in the baby's room.
24:00She puts him in there too.
24:02It's enough.
24:02So which one of them do you want us to charge?
24:07We charge both of them with murder on a joint enterprise.
24:11Private Benson has no previous convictions and an exemplary military record.
24:17My lord, he was recently stripped of the rank of Lance Corporal,
24:20having been found guilty of attacking a fellow soldier.
24:23There is also the issue of his baby brother's death.
24:25His brother died of sudden infant death syndrome.
24:29There is no evidence whatsoever that death was anything but natural.
24:34I've heard enough.
24:36Miss Marsden, I assume you want to make a bail application too?
24:41Indeed, my lord.
24:42As you know, there is much debate as to whether prison is a suitable environment for women full stop,
24:49let alone a vulnerable teenager with no previous convictions.
24:53And nowhere to be bailed to.
24:56She was residing with the victim's parents.
24:59She can reside with her parents.
25:01I'm sorry, Miss Marsden.
25:03Your client is charged with the brutal murder of a defenseless baby.
25:08I'm not taking any chances.
25:10Both defendants are reminded in custody.
25:13Oh, come on, Helena.
25:18What did you expect?
25:20Well, I don't know.
25:21A little common sense, perhaps.
25:25Judges are understandably cautious about releasing child killers on bail.
25:30My client didn't kill that baby.
25:33The boyfriend, on the other hand, has history, motive, opportunity.
25:39Oh, you saw the email she sent him.
25:41I'll make sure that baby doesn't get in the way.
25:43Speaking of which, application to exclude the laptop,
25:50the homemade porn and the exchange of messages you found on it.
25:55The laptop was seized during an illegal search.
25:59Consent was obtained, my lord.
26:01Not from my client.
26:03Michael Rains gave consent.
26:04It was his property.
26:05Layla was his tenant.
26:07And also his employee.
26:09He can consent to a search of her work area for items relating to her job,
26:13but her bedroom was her personal space.
26:16Personal space belonging to Michael and Suzanne Rains.
26:20I'm sorry, Mr. Steele.
26:23Whether I owned my bedroom or rented it,
26:25I wouldn't want the police trawling through my wirefronts without my consent.
26:29The evidence obtained from the laptop is inadmissible.
26:37All the medical evidence proves is someone shook the baby.
26:40The video and the messages between them provided motive.
26:44The jury might not get to see it,
26:46but they will be told that those two were having sex while that baby lay down.
26:52Only one of them actually did it.
26:54Yes, but if the other knew what was happening,
26:57that makes them both guilty.
26:58We can't prove that they both knew.
27:02And the jury will be scared of sending an innocent person to prison.
27:06We're not going to drop the charges, James.
27:08No, I'm not suggesting we do.
27:11The defense will use the fact one provides reasonable doubt for the other.
27:16So you'd rather just go after one of them?
27:18If we can find out for certain which one of them did it,
27:21it's, yeah.
27:24The monitor recorded images and sound the whole time it was on.
27:28You managed to retrieve it all?
27:29Yep.
27:31A lot of baby Alex crying in his car.
27:33Layla coming in and out.
27:35Anything incriminating?
27:38Come on, you're mad.
27:40I'm trying to get some action in there.
27:47Okay.
27:49Lloyd claims he turned the baby monitor off,
27:52went into the bedroom, had sex with Layla.
27:54They were interrupted by Michael Rains coming home.
27:57Lloyd climbs out of the window onto the flat roof and makes his escape.
28:02Right.
28:03So the recording proves he was telling the truth.
28:06Could he have been in the room at any other time?
28:08Well, we know he only got to the house at 7.30.
28:14The recording starts at 6.
28:17He goes into the room, spends 20 minutes singing the baby to sleep.
28:23Then he's barely out the door when the baby starts crying again.
28:28And Layla comes in.
28:29Layla!
28:29Just shut up, will you?
28:33You're spoiling everything, just shut up!
28:36Layla, Layla, come.
28:37Just go back in the bedroom.
28:39I'm talking.
28:40Poor kid.
28:42Put it, Layla, layla, layla.
28:49Could he have shaken the baby after he turned the monitor off?
28:52The time code says the monitor went off at 8.21 and 7 seconds exactly.
28:5819 seconds later, Lloyd turns on the webcam and appears in shot in Layla's room and they
29:03started their homemade porn session.
29:05Just enough time to go from Alex's room upstairs to Layla's and turn on the camera.
29:10But not enough time to shake a baby to death.
29:13It can't have been Lloyd.
29:19The evidence we found exonerates your client.
29:21We've issued a notice of discontinuance on the court of drawing up his release papers.
29:26I'll contact his family.
29:28I'm sure they'll want the chance to see him before he flies back out to Afghanistan.
29:41We're expecting a legal visit with Lloyd Benson.
29:45I'm afraid that, uh, that won't be possible.
29:48I was assured Private Benson would be here.
29:52Lloyd Benson was stabbed by his cellmate half an hour ago.
29:58He died before the ambulance arrived.
30:00This kid has done three tours of Afghanistan.
30:08And he dies in one of your cells.
30:16You can't blame yourself for this, Jane.
30:19Lloyd should never have been in that prison cell.
30:22Lloyd, you weren't the only one who thought he was guilty.
30:25He barely had access to that baby.
30:27It must have been Layla.
30:30Lloyd's innocence doesn't prove Layla's guilt.
30:33She was angry with that baby.
30:35You heard the recording.
30:36She was the only one with opportunity and motive.
30:38Missing out on your night off is hardly motive for child murder.
30:42She's been caring for a teething baby since five that morning.
30:46Come on, you're a parent.
30:47You know what it's like.
30:48And most parents don't end up killing their children, James.
30:53See you in court.
30:57You've got my report?
30:59I need you in the witness box, Lucy.
31:02Your expert testimony could make all the difference.
31:05There must be half a dozen expert witnesses who've been more than happy to take the check.
31:10Yeah, but they didn't do the post-mortem.
31:12Well, these shaken baby cases just aren't clear-cut anymore, James.
31:16Hang on, you seemed to be pretty clear about it before.
31:19Oh, I'm not disputing baby was shaken.
31:22It's just I don't want a conviction resting solely on my evidence.
31:26We have witnesses to Layla Merton's neglect or recording of her yelling at the baby.
31:31You know I wouldn't prosecute a case based purely on medical evidence.
31:34And you know expert witnesses don't get immunity anymore.
31:38Because of unsafe convictions based on tenuous evidence.
31:41I am not about to put my career on the line.
31:43Are you 100% certain this baby would shake?
31:48Yes, you know I am.
31:50There's no other explanation.
31:53Plenty of jury needs to hear that.
31:58Violently shaking a baby can cause the brain to move within the skull, resulting in cerebral
32:05contusions or tearing of the blood vessels.
32:08The most common finding in these babies is a triad of injuries.
32:13Brain disease and bleeding behind the brain and behind the eyes.
32:18And did you find this bleeding in Alex's reins?
32:21Yes, and it was severe.
32:24So in your opinion, was baby Alex shaken to death?
32:28Well, unless he was involved in a car crash, I can't think of any other likely explanation.
32:35No further questions.
32:41Did you find any bruising on the baby's arms or rib cage?
32:46No.
32:46Any rib fractures?
32:48No, but...
32:49Any traction changes in the long bones, damage to the neck or spine?
32:53No.
32:54So, out of seven expected findings in a case of shaken baby syndrome, you found only three?
33:04I found the three most common.
33:06And is this triad of injuries ever found in any other condition in babies?
33:16Yes, but I checked.
33:18There was no birth trauma, no vaccine damage, there was no vitamin C deficiency, any tested
33:23negative to GA1.
33:25Aren't you missing one other condition?
33:28I don't think so.
33:29Is it not possible that an accidental head injury can also cause the same pattern of swelling
33:37and bleeding?
33:41Is that a difficult question, Miss Radley?
33:44It's possible, yes.
33:46Is it not the case that many pediatric experts now doubt the very existence of so-called shaken
33:55baby syndrome?
33:56Some do, I don't.
34:01I believe a significant number of convictions have been quashed and caregivers released from
34:07prison.
34:08It's not my area of expertise, so I can't possibly comment.
34:13No, that's right.
34:15You aren't an expert in head injuries at all, are you?
34:20I'm an expert in pediatric forensic pathology, and I did the post-mortem.
34:26One final question, when you did the post-mortem, did you examine the dura as the outermost layer
34:37of the meninges, which surrounds the brain and spinal cord?
34:42There was no reason to.
34:44Really?
34:45You found bleeding in the brain, and you didn't examine the dura to see if a clot from a previous
34:52injury might have left an imprint?
34:55To the best of my knowledge, there is no history of previous injuries.
35:03To the best of your knowledge.
35:06No further questions.
35:10With Lloyd exonerated, Helena was bound to have a go at the medical evidence.
35:14She has to create reasonable dows.
35:16She did a good job of it.
35:18According to Alex Raines' medical records, there was no accidental head injury.
35:24The jury will see she's just trying to muddy the waters.
35:26You had access to the Raines' house?
35:32Yes, I'm in the office most days.
35:35It's in the house.
35:37So you saw how the defendant interacted with baby Alex when Mr. and Mrs. Raines weren't
35:42at home?
35:43She didn't.
35:45She was usually on the sofa checking her email.
35:48And where was the baby?
35:49Either in his cot upstairs or in its playpen.
35:53More often than not, he was crying.
35:58A few days before Alex died, he was very distressed.
36:03He'd been sick.
36:04It was all over his clothes.
36:07And the defendant didn't go to him?
36:10I called to her, but she didn't hear me.
36:15She had her headphones on.
36:17Presumably, she couldn't hear the baby crying.
36:20No.
36:20I went downstairs and told her Alex was unwell, that he needed changing.
36:26Did she go to him then?
36:28No.
36:28She just put her headphones back on and went back to her laptop.
36:32Did you ever witness the defendant being violent towards the child?
36:37A couple of weeks before Alex died, I was in the kitchen making a cup of tea.
36:42Alex was in his high chair.
36:44He'd thrown his bowl and there was food all over the walls and floor.
36:48What did Layla do?
36:51She shouted at him, then she grabbed him out of the chair and shoved him into the playpen.
36:56That girl didn't give a damn about that baby.
37:00The jury will disregard the witness's last comments.
37:05We thought she genuinely cared for Alex.
37:08Alex, we trusted her.
37:12Did you ever observe her being rough with Alex?
37:17No.
37:18But she told the police that she left him to cry.
37:22And she knew how strongly I felt about that.
37:25It must have been very difficult for you to hand over such a young child while you went out to work.
37:31It broke my heart.
37:33Every day it broke my heart.
37:43I'm sorry for your loss, Mrs. Raines.
37:47I appreciate how difficult it must be for you to come here today.
37:51Were you and your husband in some sort of financial difficulty?
37:55No.
37:56But you returned to work when your baby was just a few weeks old.
38:01Without my wages, we had nothing left after the mortgage and the bills were paid.
38:06It was a difficult year.
38:08The market's picking up now.
38:09So you can pay for all the little extras?
38:13Yes.
38:13Holidays, nice car, wine club?
38:17Yes.
38:18Without those luxuries, you could have stayed home and looked after your baby.
38:23I need my job.
38:25More than your child?
38:27My lord, whether or not Mrs. Raines chooses to go out and work has no bearing whatsoever on this case.
38:34My lord, I'm simply trying to paint a picture for the jury of life in the Raines' home.
38:39Well, let's keep that picture in a simple frame, Miss Marston.
38:43We don't need to guilt it now, do we?
38:45Were you aware when you hired Layla Merton that she'd recently been fired by another family?
38:52No.
38:53I had no idea.
38:55We trusted the agency to be open with us.
38:58How much research did you do on this agency that supplies untrained nannies?
39:07Would you like me to rephrase the question?
39:10My neighbor's sister uses them.
39:12I see, and what's her name?
39:14My neighbor?
39:16No, her sister.
39:20The court reporter needs to take this down, Mrs. Raines.
39:23I don't know.
39:28Yet you trusted her judgment when it came to the welfare of your child.
39:33Is any of this actually relevant to the case, my lord?
39:37I think not.
39:38Consider yourself warned, Miss Marston.
39:41On the day your son died, you left the house at 5 a.m.
39:48and didn't return until your husband called you away from work at 10 p.m.
39:53Is that correct?
39:55I had a late night viewing.
39:57We're selling some apartments on the river.
39:59You were away from the house for some 17 hours.
40:04Does your job often require you to work so late into the evenings?
40:09Occasionally.
40:10So you were swanning around some luxury penthouse
40:14while someone else was changing your baby's dirty nappies?
40:18I love my baby.
40:21Of course you did.
40:22You just didn't have any time to spend with him.
40:25My lord, Mrs. Raines is not the one on trial here.
40:30Miss Marston, you'll be held in contempt
40:32if you do not return to an appropriate line of questioning.
40:36The jury will disregard your last comments.
40:39One more question, Mrs. Raines.
40:42Did Alex have any accidents, any falls, bumps to the head in the month before his death?
40:49He'd just started crawling.
40:51Of course he had bumps.
40:53You show me a baby that doesn't.
40:55Any particular incident come to mind?
41:03He fell off his changer when Michael was reaching for a nappy.
41:07It was three weeks before he died.
41:10The GP said he was fine.
41:13No further questions.
41:23That was quite a performance.
41:26The jury has a right to know what sort of mum she is.
41:30A working one?
41:31You made her look like Rose West.
41:32Because I showed she put her job before her own child.
41:36Because you played on misconceptions held by half of the jury.
41:41Come on, Helena.
41:42You're a working mum.
41:44You know how tough it can be.
41:45Do you think I'd be doing this if my ex hadn't buggered off with his therapist?
41:50I think you'd still be up in court and you'll zimmer frame if they'll let you.
41:59Madam Foreperson, please answer my first question, either yes or no.
42:04Have you reached a verdict on which at least ten of you have agreed?
42:09No.
42:10Would any more time assist?
42:12I don't think so.
42:14No.
42:15I must declare this jury have been unable to reach a verdict.
42:20So what the hell do we do now?
42:22Crown has seven days to decide whether or not they will be retrying.
42:27The case will be listed for mention a week on Monday.
42:36We have to make sure the next jury are certain of Layla Merton's guilt.
42:41You don't think a retrial would be a waste of public money?
42:44She knew that baby wasn't well.
42:46Well, but instead of taking care of him, she was more interested in making homemade porn with her boyfriend.
42:53She wasn't trained in childcare.
42:56If the reins expected her to do those sort of hours, they should have hired a fully trained nanny.
43:01A trained nanny costs the best part of 30 grand a year.
43:04They could never afford that.
43:05Suzanne said she took Alex to the GP after a fall, but there's no mention of it in the medical records.
43:14I thought she was an over-anxious new mum.
43:20You know how many I get in here every day?
43:22There's no record of the injury in Alex Raines' notes.
43:25Because there was no injury.
43:27I checked the baby's head.
43:29No bump.
43:30Not even a bruise.
43:31Is it possible that Alex could have had an internal injury without any signs of an external?
43:36I'm a GP, Mr. Still, not a specialist.
43:39That's something you'll have to ask the pathologist who did the post-mortem.
43:42I told you what I believed according to the evidence I'd been given.
43:51For the expert, Lucy, you should have told me the full story.
43:55This accidental injury three weeks before he died...
43:58The fall from the change in which I knew absolutely nothing about.
44:02I'm not interested in who's to blame.
44:04I just need to know if it could have caused his death.
44:06There are cases where a baby has an accidental bump to the head, shows no outward signs of damage,
44:16and then dies a few weeks later when the bleeding is triggered again.
44:20It's rare, but it does happen.
44:21But something would need to trigger the bleeding.
44:24Well, it wouldn't take much.
44:25If the baby's head hit a surface with a small amount of force, the bleeding could start again.
44:30Are you seriously telling me his death could have been accidental?
44:35Well, I'd need to re-examine the brain and the skull to be sure.
44:40Exume the body.
44:43It's your call, James, not mine.
44:47But to be certain...
44:49Yeah.
44:50Michael, you shouldn't have come.
45:10I had to see it for myself.
45:12Please.
45:13I'm begging you.
45:14Don't do it.
45:15We have to know.
45:20Lucy called.
45:30There are signs of a healing fracture in Alex's skull.
45:33How recent?
45:34The healing is consistent with a bump to the head, three weeks parental death.
45:39A re-bleed could have been triggered by another bump.
45:42Andrea said she saw Layla being heavy-handed with the baby.
45:45Maybe she bumped his head by accident.
45:50I was never rough with Alex, even when I'd been up half the night.
45:55Andrea claims you were.
45:57She's lying.
45:58I never hurt him.
46:00You didn't drop him accidentally?
46:04No.
46:04It happens.
46:06You're tired, the baby slips out of your hands.
46:08No.
46:09You're certain.
46:10I tell you, I don't want to spend the rest of my life inside, do I?
46:15Interesting as this is, James.
46:17Is there a point to it?
46:19We think Alex's death may have been accidental.
46:26Ah.
46:27In which case I'll be filing for damages for the time my client spent in custody on remand.
46:33I don't want to make money out of this.
46:37Lloyd died with the whole world thinking he was a baby murderer.
46:44He was my life.
46:50We offered her a get-out-of-jail-free card.
46:53All she had to say was she accidentally bombed the baby's head.
46:56But Andrea was certain that she saw Layla being rough with Alex.
46:59Yeah, Layla claimed she wasn't.
47:01Well, one of them's lying. The question is which one?
47:04Let's talk to Andrea again.
47:07I put that couple through an exhumation.
47:09We have to find out how their baby died.
47:11I'm not saying she meant to hurt Alex.
47:14She was just so wrapped up in that boyfriend of hers.
47:17When I was 19, I'd much rather have been writing love letters to Michael than spoon-feeding a baby.
47:25You were with Michael when you were 19?
47:2718. We met at university.
47:29Fresh as poor.
47:31You never wanted kids?
47:33Do I look like the maternal type?
47:36I wouldn't know one and from the other.
47:39I had a meeting with a supplier in an hour.
47:44Layla Merton denies ever being rough with the baby.
47:49I know what I thought.
47:50You're the only person that saw that.
47:52Even Suzanne never witnessed Layla be anything but gentle with Alex.
47:57Well, maybe it wasn't, Layla.
47:59Maybe it was the boyfriend.
48:01Really?
48:01I don't mean on purpose.
48:08A few days before Alex died, I passed this room and the door was open.
48:14Layla's boyfriend was in there and he was playing with the baby.
48:17You know, flying him around the room like an aeroplane.
48:21Alex was loving it.
48:22It was giggling.
48:23I didn't think of it at the time, but he was there, wasn't he?
48:27The night that Alex died.
48:29Hmm.
48:29Maybe he was playing the game.
48:32I mean, he could have hit Alex's head against the wall or something without realising.
48:41Look, I really have to get to this meeting.
48:44We'll let you know about the retrial.
48:53She's lying.
48:55Sounded possible?
48:56She just said she saw Lloyd a few days before Alex died.
49:02Lloyd Benson had been on a tour of duty in Afghanistan for five months.
49:07He only got back the day Alex died.
49:10Layla had only been working there three months.
49:13Lloyd had never been to the Reign's house before.
49:16So if Andrea saw him in Alex's room, it must have been the night Alex died.
49:22Andrea made out that she didn't want a baby.
49:27Career comes first and all that.
49:29So?
49:30So I talked to Michael about it.
49:32Being in the Reign's house the night Alex died wasn't the only thing she lied about.
49:36Andrea and Michael had seven failed attempts at IVF.
49:40I mean, it nearly crippled them financially.
49:41It wasn't anyone's business.
49:48You lied about not wanting a baby.
49:52You share your personal failures with all and sundry, do you?
49:57It must have been soul-destroying.
50:00Going through all that and still not having a baby at the end of it.
50:03What would you know?
50:09You want my advice?
50:12Have a baby before your eggs dry up.
50:16It can't have been easy watching the man you love have a baby with someone else.
50:22They didn't tell me.
50:25Michael was too scared.
50:29I answered the door when the cot arrived.
50:32That must have hurt.
50:35It's what happens when you're infertile.
50:38People stop telling you their happy news.
50:41Stop inviting you to their child-friendly parties.
50:45Because you're not a member of their exclusive little club.
50:50Andrea, Leila's boyfriend was in Afghanistan right up until the day of Alex's death.
50:56I must have got the date wrong.
50:58We know for a fact he only came here once.
51:01It was the night Alex died.
51:03You were here at Susie and Michael's the night Alex died, weren't you?
51:12I dropped off some files and left, that's it.
51:16So you've been lying all this time.
51:20You must have heard Alex crying.
51:23Yes, but I didn't go to him.
51:25Because you're not the maternal type.
51:27That's not true, is it?
51:28You wanted a baby more than anything.
51:31I didn't shake that baby.
51:33I couldn't do that.
51:35No one shook him, Andrea.
51:37Alex's death was accidental.
51:42But he must have bumped his head the day he died.
51:48On his cot, maybe.
51:55You went into his room, didn't you?
51:57They left him with a 19-year-old kid, for God's sake.
52:00They never saw him.
52:02You wouldn't have done that, would you, if he was yours?
52:05She didn't deserve him.
52:07She took my husband.
52:10She took everything.
52:11You picked Alex up, didn't you?
52:14I just wanted to stop him crying.
52:17I held him.
52:18I just held him.
52:21An innocent man was accused of killing Alex.
52:25He was murdered in his prison cell.
52:32You have to tell us what happened.
52:38He stopped crying.
52:40He just wanted a cuddle.
52:43I looked into his eyes, and I saw Michael.
52:53I saw the child I never had.
52:58It should have been my baby.
53:02It hurt so much to feel him in my arms and know that I'll never...
53:08I'll never be a mom.
53:13What did you do?
53:17I couldn't stand to hold him anymore.
53:26I just let go.
53:29I just let go.
53:43I just let go.
54:09It's my new doubts. Everything said it was her.
54:12When's that stopped me defending to the best of my ability?
54:17Where's your mum?
54:18No, thanks.
54:21Should have been back an hour ago for the babysitter.
54:25Want to share a cab?
54:27No, I'm meeting Alicia.
54:29What chap?
54:31Over 30, childless.
54:33Tick-tock.
54:39Tick-tock.
55:09Tick-tock.
55:10Tick-tock.
55:11Tick-tock.
55:12Tick-tock.
55:13Tick-tock.
55:14Tick-tock.
55:15Tick-tock.
55:16Tick-tock.
55:17Tick-tock.
55:18Tick-tock.
55:19Tick-tock.
55:20Tick-tock.
55:21Tick-tock.
55:22Tick-tock.
55:23Tick-tock.
55:24Tick-tock.
55:25Tick-tock.
55:26Tick-tock.
55:27Tick-tock.
55:28Tick-tock.
55:29Tick-tock.
55:30Tick-tock.
55:31Tick-tock.
55:32Tick-tock.
55:33Tick-tock.
55:34Tick-tock.
55:35Tick-tock.
55:36Tick-tock.