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tv   CBS Evening News With Scott Pelley  CBS  February 12, 2016 6:30pm-7:00pm EST

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call today at see car insurance in a whole new light. liberty mutual insurance. why wasn't the husband a suspect to begin with? because none of the evidence pointed to him. what do we know about this guy? well, he's a shrink, so he knows how to mess with your head. not you. well, you're exactly right. what's more, psychiatrists go through four years of medical school and a one-year medical internship. so, he'd know how to do a crude c-sectio i want dr. manning's alibi broken. munch: time-wise, it's tight but there's room for maneuvering. restaurant receipt says that manning had a drink at 6:59. the bartender remembers him, but he didn't see him leave. two calls from his cell phone-- e at 7:50, the other at 7:52-- to nicole's cell and their home. now, manning claims that he was still at the restaurant waiting. unless he was across town, attacking his wife. the cell phone company would have a better idea of where he was when he made those calls. we'll check on that. fin: neighbor said manning got in before 8:30.
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it's plausible. nicole didn't get to the garage until 7:20. because richard told her that they were meeting at 7:30. we're thinking that it's deliberate. so, he'd know exactly where she'd be and still have time to set up his alibi. one hour window, tops. crosses the park, attacks her, cleans up. goes back home. all because his wife was carrying another man's child. huang: well, you know, it could have been enough to push him over the edge. he was cuckolded. it's pretty common. you see it in nature. the female of the species seeks out the male who exhibits the most desirable traits. you know, most species aren't naturally monogamous. that explains my entire marital history. let's knock off the jokes, all right? we're talking about a dead baby here. ( sighs ) fin: all right, his wife cheats on him. why not kill her? because, you see, in his mind, the problem was the baby, not his wife. get rid of theaby, get rid of the problem. his world remains intact. well, let's tear it apart.
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hey. you know, everybody in that room is on your side, but we're not mind readers. and if you're not going to say what's going on with you that's fine. but there's not a whole hell of a lot we can do. i knew you were on my side. elliot, what is going on? would you talk to me? is there somebody else? no, it's nothing like that. to be honest, it'd be easier if there was. i, um... i don't know what this is. it's, uh... it just never goes away, you know? every case a little bit more horrific than the last, and, uh... i go home. what am i supposed to do? talk about my day at work? "honey, today a guy cut a baby out of his wife's stomach.
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so, you just don't talk at all. that's no solution, elliot. well, one of us has to be able to sleep at night. she thinks i'm shutting her out. you are. that's exactly what you do. you keep this up you're going to ruin the best thing you ever had. man: the phone wasn't gps-assisted so we can't give you a precise location. but the call detail record will tell us which cell site he used. how close will it get us? with all the wireless companies operating there are anywhere from 400 to 600 cell sites all over the city. depending on the angle and the time-distance arrival of the radio frequency sometimes we can narrow it down to a couple of blocks. this iit.
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lincoln center. not far from where nicole was attacked. manning said he made the calls from the restaurant on the upper east side. so, what's he doing on the other side of town? changing his cthes, most likely. manning belongs to a gym near lincoln center. he signed in at 8:00 what? he just walked in wearing bloody clothing? cleaned up most of it at the scene. the dump site where they found the baby was on the way. gym receptionist said that he was wearing a longoat and carrying a duffel bag. he probably made the calls to establish he was looking for nicole, showered and went home. what did we find at the gym? unfortunately, nothing there links to the crime scene. the dumpster was empty, no regular locker and csu won't even bother checking the drain traps on public showers. can't blame them. we canvassing the cab companies? he had less than half an hour to get home. no, i don't think he took a cab. he's been fairly meticulous so far. that would be one more witness he didn't need. could he have run? we clocked it. manning had plenty of time. you both ran it? walked it, and we still had a couple of minutes to spare. he's got a motive. he lied about his alibi.
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he had to carry that baby in something. along with the murr weapon and blood evidence. i'll call cabot for a warrant. doc, i want you in on this search. you know how shrinks operate. time to give up your trade secrets. okay. what do you got? well, there's no gym bag. and aside from these manicure scissors there's no cutting instrument. but this guy's a piece of work. you've got to check this out. his laundry is nicer than my entire wardrobe. folds and labels them: "whites, colors, dry cleaning." anything marked "bloody clothes"? he's got enough personal hygiene products in here to open his own salon. all his. so do i, but that doesn'make me a murderer. everything about him is all about appearances. the working out, this gym equipment. for some reason, he has feelings of being unattractive, unmanly. his advantage is that he's extremely intelligent as evidenced by his careful planning. ironically, he's probably a pretty gifted psychiatrist.
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it's a symptom of the same problem. he's preoccupied with order. he thinks that if he can control every detail of his life then he can become this man that he wants to be. his wife wasn't so easy to control. look at this mess. well, when she threatened to destroy the order that he created, then he went to extremes to get it back. what's it look like? we're taking every knife from the kitchen back to the lab. but i'm not hoping for much. i doubt he brought anything from the crime scene back here. what the hell is this? it's a search, dr. manning. we'll be out of your way in a minute. you can't march in here and destroy my home. yeah, it's a real bite in the ass, isn't it? all those new labels you'll have to make. those your only set of keys? yeah. tough. i need those. ramone. ramone: yeah. luminol these for me, will you? stabler: problem with blood is gets absorbed by plastic. can't wash it off.
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exactly what we're looking for. you remember dr. george huang from our search today? he's a psychiatrist, too. this is dr. richard manning. they brought you in to shrink the shrink, hu does that make you feel important? just seems unnecessary. i didn't do anything wrong. your wife did, though, right? no, we were having marital problems. and we were working on solving them. she left you. i wouldn't say she was leaving me so much as going to the man who fathered her child. she just thought that was the best solution to her problem. huang: but it was the wrong solution? ( mouths word ) and now, her problem doesn't exist because there is no child. well, yes. well, actually, dr. manning, nicole wasn't going to marry kyle novacek. all she wanted was to get away from you. nicole doesn't know what she wants. well, apparently she wanted to have a relationship with another man. why?
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stabler: "lacking" is a real interesting word. what is it you were lacking, dick? challenging my masculinity. a little amateurish, don't you think? no, i think he's challenging your masculinity because it's a pretty obvious weakness. you're a smart guy. your problem is, you think you're smarter than everyone else. that's where you screw up. you been to the gym lately? yes, i forgot to mention that. i did go tthe gym that night. i was very worried about nicole, so i left. oh, well, there you go. mystery solved. see? tt's why you're such a genius. can't fool you, not for a second. so, genius, what iant to know is how in the hell nicole fooled you into believing you were the father of her child? your wife made you look stupid, and you made her pay for it. i love my wife. you almost killed her. no, he killed the baby. he just wasn't smart enough to do the job right. i don't even know what that means.
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and neither will you. stabler: you screwed up, smart guy. you couldn't be more wrong about me. all i care about is my wife and my family. it ruined everything. your wife's child? yeah. and so, you got rid of it? wouldn't anyone?
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and assault one for the attack on the mother plus abortion one. and murder. he killed that baby. warner certain of that? ba was alive; now it's dead. what's the problem? the problem is whether or not we can establish the baby was legally a person. and how do we do that? prove the baby was born alive according to new york state law. something that indicates it took a breath, moved. if it died while it was still in its mother's womb it technically wasn't a person so it's not murder. if that baby had been born in a hospital it would've lived. it doesn't matter. neonaticides are notoriously difficult to prosecute because the medical evidence is almost always inconclusive. without a witness stating unequivocally the baby was a live birth, i'm just not certain we'll get a murder conviction through. best we can do is illegal third trimester abortion. that's a d-felony. we'll get more out of the assault charge. at seven months, a baby moves inside of the mother. the only reason that baby is dead is because he bashed its skull in. now, i don't care if you call it a person or not,
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that argument could also be used to condemn legal abortion. do you want me to charge every doctor who performs an abortion with murder? abortion is different. it's the mother's choice. we're not talking about the mother's rights. you want to charge for homicide with the fetus as the victim, you give the fetus rights. do you want to go down that road? it's not the same thing. in the eyes of the law, it is. well, the law needs to change. i don't know, elliot. you can't have it both way a fetus is either a life or it's not. you saw that baby. olivia, you saw that baby. this guy's going to walk. and i don't like it any more than you do, but this is very dangerous territory. and i am not prepared to dismantle reproductive rights on an inconclusive case. we're going to let a murderer get away to preserve a political ideal! i don't even know what i'm doing here! take a break, detective. your m.e. comes back with solid medical evidence the baby was born alive we've got something to work with.
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you and your partner park yourself in warner's office until she hands over that autopsy. alex, unless you've got other plans, i want you there, too. why? you need solid medical evidence? make sure warner's got it. warner: presence of gas in the stomach, contracted umbilical cord, subpleural and subepicardial petechiae, partially expanded pulmonary alveoli, fully aerated, crepitant, salmon-pink lungs. in english? he took a breath. probably more than one. so he was a live birth. that's what i'm saying in my report. to be clear, if i'm going to charge richard manning with the murder of the baby that means i drop the abortion charge and the attempted murder charge of nicole. we can only have one theory of the crime. either he was trying to kill his wife or his child. meaning we better be damn sure, or he only goes down for assault. neonates decompose at a faster rate so there's ainevitable margin of error. which doesn't do us any favors. you need to be willing to testify to a reasonable degree of medical certainty this was a live birth. i am.
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also performed a hydrostatic test on the lungs in order to determine if they had been inflated. dr. warner, you are looking at a guy who failed biology twice. i'm a science idiot. what is a hydrostatic test? the lungs are placed in water. if a significant portion of the lungs float it means they had been inflated, as was the case here. so, this means the fetus took a breath? yes. dr. warner, will you define... "postmortem putrefaction for me? it describes the series ochanges that occur to tissue after death. those chges include the formation of gases such as mercaptans and hydrogen sulfide, right? yes. let me ask this. after your initial hydrostatic test, did you deflate the lungs, reinflate them and then repeat the test?
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due to decomposition? performing the test twice is often misleading. so, you probably didn't do it, then? objection. i'm sure there are plenty of tests the doctor did not perform, none of which are relevant. overruled. the witness may aner the question. i did not perform the test a second time. okay, you were probably busy that day... your honor. let's keep up the pace, mr. langan. is it possible the expansion of the lungs could be attributed to postmortem putrefaction? it is possible, but ere were other factors... we'll assume you're right, though, and the fetus took a breath. dr. warner, tell me-- for a baby to be considered born it has to be completely expelled from the uterus. am i right? yes. is it possible a fetus can take a breath while partially expelled
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yes, it is possible. is there any way to determine when the breath was taken? assuming it was taken to begin with. short of eyewitness testimony, no. but we don't have that. thank you, dr. warner. you'veeen very patient with my ignorance. tell me that looked worse than it actually was. if you think it looks like we just lost our murder conviction, you're right. warner said exactly what you wanteher to say. you let manning's lawyer sandbag her. why didn't you stop him? because he's right, detective. we can't prove how and when that baby died beyond a reasonable doubt and if you want to blame me for that, go right ahead. so we gonothing. barring an outright confession the child was alive he gets three and a half to nine for the assaul out in two. unless he gets off entirely on extreme emotional distress.
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detective, what a surprise. don't say anything. please, start harassing my client. i'd love a mistrial. trevor, leave us alone for a bit, please. i'm going to waste my breath and strongly advise against it. anything you say is going right to the d.a. just a few minutes. usually my time is worth $200 an hour. not worth much now, is it? it's a matter of opinion. you must be pretty proud of yourself.
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it's the truth. tell me again how it happened. how you murdered that baby? you don't actually think you're going to get me to confess something, do you? but that's not why you're really here, is it? you're going to shrink me now? you want me to? you're married. 18 years. children as well? four of them. wouldn't you do anything to protect your family? killing a child? no, i don't see myself doing that. maybe not, but you know what your problem is?
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you know exactly why i did what i had to do. protect what you have by destroying it? no. i didn't destroy anything. think about it. i didn't destroy anything. manning: nicole and i agreed to meet to try to salvage our marriage. i was waiting at the restaurant and all i could think was, "she's with him. she's with him right now, and they're laughing at me." not very rational thoughts. objection. put a question mark on it, mr. langan. inour estimation, as a psychiatrist were your thoughts those of a rational person?
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i can only describe it as a textbook total break with reality. and then suddenly i was running across the park, finding her and acting solely on these powerful emotions that i could not control. can you characterize your state of mind during that time? it was as if i was possessed or being controlled by someone else. i look back now and i can't believe what i've done to the woman i love. i'm so sorry. i'm so sorry. no further questions. the people are entering into evidence people's four... defense has no knowledge of this evidence... ...which my detectives only just brought to me. knock it off
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this evidence was not made available in discovery. it can't be presented. this is extraneous matter, not material to the charge. the people had no duty to tender it upon discovery. i'm letting it in, assuming ms. cabot convinces me it's relevant. request a recess to confer with my client. so you can advise him to lie? he's on the stand and he's staying there. step back. dr. manning, you testified that you snapped because your wife told you she was having an affair and that her unborn child was fathered by another man causing you to attack her and cut the child from her body. is that correct? yes. how did you know she was telling you the truth? why would she lie about that? were you unable to have children, dr. manning? i'm capable of having children. and were you having sexual relations with your wife seven months prior to her attack? yes. but you took her word for it
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i knew abouthat before she told me. for how long? from the beginning? close to it. then it's fair to say you would know, probably if your wife was having an affair with yet another man? objection. that is totally irrelevant. i think we both know it's not, your honor. speak for yourself, ms. cabot. prove relevance quickly, or move on. is it at all possible your wife was having an affair that you didn't know about? no, absolutely not. how do you know this? i am aware of what goes on in my own house. so the only two people who could have possibly fathered nicole manning's child were yourself and kyle novacek. she told me it was him. people's four. this is the paternity test against nicole manning's child and kyle novacek proving that in fact mr. novacek is not the father. objection. so the logical deduction is that you were the father of your wife's child, dr. manning. langan: whether he was right or not
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has no bearing on his state of mind. judge: overruled. isn't it probable, dr. manning, that you were the father of your wife's child? i would have known. how? how could you have known? you were so sure he couldn't have been your child. but he had to be, dr. manning. there's no other explanation, is there? i don't know. you held your own child in your hands... your own living child.
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diyour son cry before you killed him? he only cried a little.
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ok, you're gonna meet your new daddy. uh, have you seen jackson? i think he's down there.

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