"Previously on "Secrets And Lies"..." " How did the flashlight ditch go?" " I put it back behind those thick trees." "Out by the mall?" "Cornell must be working off a tip that you threw away evidence." "You're free to leave." "Meaning you found zip." "John, I still can't pay you." "I got a cashier's check for 25 grand last week." "I don't have that kind of money." "Tell me what's going on, or I am out of here." " Go!" " Well, why are you fighting?" " We're leaving." " Why?" "What's going on?" "Go with your mom." "We're gonna figure this out." "It's gonna be okay." "You don't remember going to Jess Murphy's that night?" "Either you're lying or you had a blackout." "All right, which one of these do you want?" "You want... you want this one?" "You ready for this one?" "Come on, buddy." "Open that." "Open that!" "Open that!" "Wait." "Let me see." "Hang on." "I got to go." "Man, I'm sorry to bother you on Christmas." "I didn't know what to do." "I know." "I know." "Cornell sent me the video." "How bad is it?" "They're gonna charge you." "I'm gonna be arrested?" "Take it easy." "I'm gonna be arrested for murder?" "No, calm down." "Come on, buddy." "Come on." "Relax." "Breathe." "They're not gonna do it today, okay?" "Hey, Ben, you bought at least a week when you exposed the leak in the crime lab." "Linda Freeman's arrest nullifies all the evidence testing she conducted." "They throw out the evidence?" "No." "They just have to retest it." "That's why she showed us the video." "I don't follow." "Cornell can't use any of the leads that came from the lab." "She needs another avenue to go after you." "And the video does that?" "It does more than that." "It tells the prosecution's story..." "Ben Crawford brutally murdered his 5-year-old son." "Once the jury sees that, they're gonna need a credible explanation about what happened that night from your own mouth." "But I don't remember what happened that night." "You better remember quick because if you don't, I can't put you on the stand." "And if you can't testify, we need to take a plea." "You got to figure this out." "You got to remember." "How you doing?" "Just trying to get through today." "Thank you so much for going to the trouble." "Please, stop." "It's no trouble at all." "Now, my grandmother used to say that it needed to sit for at least two hours before she served it, but for me, it's at least a half an hour to..." "Um, I have to go." "Merry Christmas." "Merry Christmas." "You certainly have a way with people." "She's just trying to make it right." "I don't know if she can." "She's my sister." "You don't have to explain yourself to me." "There's something I need to ask you." "Is there anything you haven't told me about the night Tom died?" "Do you think I'm hiding something from you?" "No, it's for my lawyer." "We're just looking for something... anything that could help." "I'm sorry." "I'll figure it out." "Wait, Ben." "Um, there is one thing, and it's one of the reasons why I thought that Scott killed Tom." "Jess." "I don't want to be late." "You know what?" "It's probably nothing." "Merry Christmas." " Hey, wait up!" " Okay." "Hey, honey." "Merry Christmas." "How's Abby?" "Yeah?" "Nat, I can barely hear you." "When can we come home?" "Is something wrong?" "How about everything?" "Abby's not talking, and mom is out there with Michael and his friends, laughing like everything's normal." "I'm sorry I'm putting you guys through this." "We haven't opened our presents yet." "We're waiting for you." "We're having a really good time." "Mom's right there, isn't she?" "Yeah." "Everything's totally awesome." "Honey." "I'll see you soon, okay?" "I'll set it up with mom." "Mom wants to talk to you." "Love you." "I love you, too." "I need to come by and grab some things." "I'll be here all day." "You can come by and get your stuff, and I can watch the girls open their gifts." "Whenever you want." "That doesn't work for me." "Okay, I'll come to you." "Just tell me what you need." "Just let me know when you'll be out." "Christy, I'm trying to work with you here." "I don't see why you can't do the same." " I don't want to see you." " That's your problem." "I want to see my girls." "It's Christmas." "I'll come by another time." "God, Christy, be reasonable!" "Ben, I'm asking you politely." "Please, do not come here." "Merry Xmas, bi-otch!" "Okay, that hat..." "You like it?" "Who did you steal it from?" "Bite me." "Hey, I got you a present." "I put a little thought into it, but I'll be cool if you don't want to keep it." "What could it be?" "Something special." "It was you?" " Merry Christmas, brother." " Dude!" "You saved me, man!" "You saved me!" "Well, I wouldn't go that far." "No, all right, I totally did." "You owe me your life now." "How the hell did you do this?" "Well, when I heard that Christy might have noticed you ditching it in the woods," "I realized I had to do something, so I got it." "Then please tell me that you were careful." "Man, I was like a panther." "I was like a fat, sexy panther." "You kept me out of prison." "You'd do the same for me." "All right, we got to get rid of this now... right now." "Now?" "Okay." "Well, this is perfect 'cause everyone's with their families, right?" "You sure this is the best spot for this, man?" "There's nobody around for Miles, and after what happened to me out here, no one would ever expect I'd come here again." "I heard there were snakes here." "All right, help me move this thing." "Great." "It's the ark of the covenant." "Um, really?" "Yeah." "Great." "Okay." "You sure you want to get rid of this thing?" "Do it." "Do it." "I just want to stop and see Abby and Nat." "Christy knows we're coming, right?" "Hey, man, this is a whole new ballgame, all right?" "You guys ain't on the same team anymore." "I have a right to see my girls." "Sure, you do, but that's when you were dealing with old Christy, okay?" "That's when she was semi-rational, when she was married." "This is "getting divorced" Christy." "You haven't met her yet, man." "What's she gonna do?" "That's the point." "You don't know." "I don't know." "I'm not giving up on my girls." "Of course not, but listen..." "listen..." "listen to me." "Christy hates you now, okay?" "She can't threaten to leave you." "You don't want money." "You don't want sex." "What else could she threaten you with?" "I'm gonna see my kids." "Brother, this is how every single episode of "cops" starts." "I just knew you were gonna do this." "I'm not here for you." "I don't care." "Leave." "Christy, if you don't want to see me, it's fine." "But it's Christmas, so let me spend part of the day with Abby and Natalie." "You forfeited Christmas." "Have your lawyer call mine, and we'll talk about New Year's." "Why are you doing this?" "You did this, Ben." "After I stood by you." "I tried to make things work." "You stole the best years of my life, and I am not gonna let you take any more." "And that makes it okay for you to hold my kids hostage?" "Think about the girls." "I will not have my parenting questioned by a man who, until three weeks ago, didn't know how many children he had." "You know I love our girls." "I don't know anything." "You said you loved me, and you lied to me for six years." "You're really gonna use our kids to get your revenge?" "!" "I'm protecting them." "You're a murder suspect, Ben." "How do you think that's gonna look to a family-court judge?" "You can't keep me away from them!" "The police can." "Hey, guys." "Christy." "911." "What's the emergency?" " Christy." " Guys." " Christy." " Hello?" "Can you hear me?" "Hello?" "Please come inside." "This emergency call is now being declared failure to respond." "For your safety, I'm dispatching units." "I'm sorry." "Abby." " Are you there?" " Yes, hello?" " Who's this?" " Yes, Michael James." "No, there's no need for police." "Beer?" "No, thanks." "Man, thanks for trying..." "No, you know what?" "Skip it, man." "I can still hear my parents hurling obscenities at each other like it was yesterday." "I never wanted the girls to see that." "The girls are gonna get hurt no matter what." "I just don't know how I got here." "It's gonna be fine... eventually." "No, I mean, Christy's right." "How can I get joint custody when I've got a murder trial hanging over my head?" "Whoa, whoa, whoa, whoa, whoa." "Did I miss your arrest?" "My lawyer says that if I can't remember what happened that night, I've got to plead guilty." "Well, then you need a new lawyer, man." "Dave, if I go to trial, the death penalty's on the table." "The night Tom died," "I can't remember anything after the fight with Christy." "That was a rough one, wasn't it?" "But that's on you, man." "I mean it says right there in the handbook," ""If the woman asks you if you cheated, you just say no."" "You okay?" "Christy." "Are you cheating on me?" "Where is this coming from?" "Answer the question." "No." "I'm..." "I'm not." "You've never cheated?" "Why do you even care?" "You haven't touched me in months." "You don't reach for me, either." "That's why I think there's someone else." "Okay, like who?" "Like Jess." "It was just... just once years ago." "It was..." "She lives right there across the street." "I didn't mean for it to happen." "That makes it okay?" "She's been in and out of this house, Ben." "Natalie watches her son." "Christy, I should have told you." "I just didn't want to hurt..." ""Should have told." Don't you dare!" ""Should have told."" "You have so little respect for me that you don't even have the common decency to let me know when I am being humiliated." "Christy, I'm sorry." "You need to go." "Where?" "Where am I supposed to go?" "Go to your girlfriend's." "Scott's gone." "You can just move right in." "I don't..." "I don't want to be with Jess!" "That's..." "If you don't get out right now," "I will pack up the girls and leave tonight!" "Get out!" "I still can't figure out why she suddenly asked." "Thanksgiving." "We watched the game." "We played touch football in the street." "Yeah, and Christy paid attention." "Christy wasn't even playing." "No, but she noticed, Mr. Two-hand touch... all the tickly tackles and the extra high fives and the silly grins, you know, longing looks." "I don't give Jess longing looks." "How do you know if you can't see your own face?" "'Cause there was nothing to see." "I saw it, and I'm an idiot." "Look, I get it, man." "Jess is smoking-hot." "She's super cool." "She listens to you." "She don't look down on you." "And it seems like she genuinely likes you." "I mean, that's... that's nice." "There's nothing nice about my family falling apart." "Whatever it was with Jess, it wasn't real." "Christy was." "Yeah, well, Christy might have loved you, but she never liked you." "Maybe I'm just better off alone." "Buddy, I love you, but you don't know what the hell you're talking about." "Man, you're not alone." "You got me." "Not for long." "I got to tell you something." "I should have told you a long time ago, but I didn't know how to do it." "Dave?" "Um..." "You were going through so much, you know, and... and..." "Just trust that I wanted to come clean so many times, all right?" "You got to believe me." "I couldn't." "I just..." "I c..." "What did you do?" "Dave, what did you do?" "Dave, what did you do?" "!" "Just say it!" "Okay." "Night of the big fight you had with Christy, you came out to the guesthouse to come talk to me." "I've known you a long, long time." "I ain't never seen you like that before." "Like what?" "Buddy." "You were... you were in a really bad way." "You were just really dark, you know?" "I got concerned." "So when you said, "I got to get the hell out of here,"" "we just went to the closest place that was open." "Hey!" "Another round over here." "Me and this guy." "Would you drain that?" "Come on, you maniac." "I didn't know it was possible, but I think alcohol's actually making me more depressed." "Remember back in the day how we used to just smoke a big old bowl and just forget about it?" "Yeah, we'd literally forget everything... our names, addresses." "I miss the good old days." "You know, B.C..." "Before Christy." "I don't think weed would make a dent." "Maybe a horse tranquilizer." "You know what?" "I'm never gonna let you get near it because it's poison." "Thank you, my good man." "Thank you." "Now, you finish that and drink that." "I'm gonna go get rid of the last round." "I'll be back." "You drugged me?" "!" "I was trying to help you." "By drugging me?" "!" "I didn't know you were gonna have such a strong reaction!" "My God, man." "Well, that explains it!" "Well, now, you're an idiot!" "What were you thinking?" "!" "They're usually harmless." "The doctor that gives them to me, he says they're for stress, you know?" "I'm not supposed to drink with them, but nothing bad has ever happened." "I never blacked out from it." "You got, like, metabolism like a hummingbird or something, man." "Look, it's totally my fault." "I'm so, so sorry." "You didn't think that maybe you should have told me?" "!" "How many times did you hear me freaking out because I couldn't remember what happened that night?" "!" "You got to understand, okay?" "The thing with Nat... you said being my friend was the worst mistake you ever made in your life." "And I didn't even do anything." "So I got scared." "I got really scared." "I didn't know how to tell you." "You got to forgive me." "I guess I can kind of see why you did it, but..." "It was a terrible decision, man." "It was the worst decision I've ever made in my life." "All right." "That's it? "All right"?" "You don't want to... you don't want to beat me to death with my own arm or something?" "Dude, you're my... best friend." "You're my only friend." "Your heart was in the right place, even if your head was up your ass." "I... you're, like, the greatest friend a guy's ever had." "I'm so sorry!" "I'm so sorry." "You forgive me, man?" "All right, let's... all right, let's move on." "Help me remember what happened the night Tom died." "You weren't yourself." "How?" "Well, you know, most people would say that you're cool and calm and collected and sometimes aloof." "Not that night." "All I'm saying is the institution of marriage started when life expectancy was 40." "40?" "!" "You'd have been dead." "Think about that." "It's crazy." "It's a sham, gentlemen." "It's a total sham!" "My God." "Whatever." "Um, yeah, you know, you just ... you stay for the kids." "You don't cut and run." "Who does that?" "Ponytail, who does that?" "I don't." "My... not where I come from." "People change." "Right, Dave?" "Yeah, dude." "Yeah." " Baby." " Really?" "Let's say you two get married." "Let's not." "And then all of a sudden," "Dave becomes a completely different person." "Then what?" "You know what?" "You stay for the kids." "And you hope and you pray that Dave can go back to being that guy he was when you first met him." "But if he becomes an icy, controlling bitch..." "Then you got to lie to yourself." "You got to stay for the kids." "You got to tell yourself, "Yeah, he could change."" ""He could go back to being that person that I fell in love with."" "Wait a minute." "Wait a minute." " Am I right?" " Yeah, dude." "Right?" "I don't..." "You'll see." "Mark my words." "Mark my words!" "My God." "Hey, hey." "Where you going?" "Let me go." "It's, like, exactly what I mean." "I go get you peanuts, like you ask, and then one mistake, and you just give up and walk away." "You need to let go of my arm!" "Hey, hey!" "Time to get you home." "Hey." "Buddy." "I'm sorry." "I'm gonna fix it." "I got to fix it." " Okay, all right." " I'm gonna fix it." "Okay, we're gonna fix it." "Let's go." "Come on." "Sorry." "I scooped you up and I put you in a cab and I sent you home, and that was it." "And you didn't think that maybe you should come home with me?" "What's the worst that could happen?" "He took you home." "You got in bed, right?" "What's the problem?" "There was a problem, man." "The video's the problem." "What video?" "Cornell showed it to me last night." "It's from the taxi." "You see me get out and walk directly to Jess' house." "God, no." "I was drunk." "I was drugged." "And I was violent, and I didn't go home." "I could have done anything that night." "No way." "No way." "No way, man!" "I don't believe it." "I don't believe it." "I don't care if you're on PCP, ketamine, and tannis root, you're not gonna kill anybody!" "If I was drunk, sure." "But on drugs, man, who kno..." "I mean..." "You could have been whacked out of your tree, but you don't have a reason, right?" "What's your motive?" "Exactly." "What if I went to see Tom and he walked away from me like that woman at the bar?" "Or he could... maybe it was an accident." "Tom would have let me in." "You don't got your flashlight." " What?" " Listen." "You get out of the cab." "You go to Jess'." "You don't have your flashlight!" "Yeah, but I could have..." "Stopped and picked it up on the way to the woods." "Who knows, man?" "!" "I don't remember what happened that night!" "Let's retrace." "Now, if we're gonna do this my way, you got to commit 100%." "Whenever I lose anything, which, as you know, is quite often," "I go undercover as myself, okay?" "And it's a very serious business." "We are re-creating the night here, okay?" "Same places, same music, same food, same everything." "You with me?" " That works for you?" " Yeah." "Like five times out of eight," "I remember exactly half of everything that happens." "You got a better idea?" "No, no, no, no." "These two." "This is where we were." "Any trouble like last time, and I call that cop." "I have her card right here." "Let me guess." "Cornell." "Yeah, that's the one." "We don't want no trouble." "What can I get you?" "What did we have that night?" "Two rusty nails, please, sir." "I thought we were gonna re-create everything." "You weren't wearing that." "The jacket's enough." "All right, forget it." "I'm gonna set the scene for you, okay?" "Okay, it's packed." "It's loud." "Listen." "What do you hear, man?" "It's you." "Is that..." "Yep." "Hey." "No, I'm sorry." "You have some issues." "I was really upset." "Let me buy you an apology drink." "Okay." "My buddy and I were trying to remember." "I lost something that night." "I hope it wasn't the picture of your son." "What?" "You were waving it all over the place." "It was the strangest thing I've ever seen in a bar." "Okay, maybe not." "That's my boy." "What the hell is that?" "That's an ultrasound." "This is how I found out Christy was pregnant." "I never showed anybody before." "Okay." "Wait a minute." "She shows you the ultrasound and then she gets rid of the kid?" "No, it was early on." "We didn't plan it." "She didn't know what she was gonna do." "I found the ultrasound and confronted her." "That's cold, man." "She wasn't gonna say anything?" "She swore she was about to." "I'm not sure knowing helps, anyway." "So, this is a baby?" "How the hell can you tell it's a boy?" "You can't." "It's too early." "Christy's blood-test results were mailed to the house." "It doesn't matter." "No, I think it does, buddy, because you're showing it around to the whole bar here?" "You're carrying it in your wallet for six years?" "That's pretty creepy." "Hey, man, that cop Cornell, when she came in here, who'd she talk to?" "Everyone." "They told her I was showing a picture of my son." "Yeah." "And she thinks that you're talking about Tom." "That's why she thought I knew Tom was mine." "Okay." "You remember what happened next?" "You know, I'm not a bad guy, you guys." "I'm... all I ever wanted was a house, my... my family, maybe a dog." "Christy hates pets." "Why don't you call your wife and have her come get you?" "You know why?" "Because if I was crossing the street right now," "I don't think she'd brake." " Been there." " I don't think she would." "Well, what'd you do?" "It was a long time ago." "Trouble has no expiration date." "You're telling me." "Sorry." "My bad." "It's all right." "Please leave a message." "Hey, Jess, it's Ben." "I don't know what's gonna happen tomorrow." "Just..." "Just wanted to say I'm sorry." "I called Jess to warn her that Christy knew about us." "Everyone knows an angry Christy's not one to be trifled with." "But Cornell heard the message and thought I was saying sorry for killing Tom." "Do people do that?" "They call to say sorry before they murder somebody?" "Soon, they're gonna have greeting cards for the occasion, a grim reaper with some flowers." ""Sorry I missed you."" "You remember what happened next?" "Yeah, it's fuzzy, but that was the..." "Loud, out-of-control, glass-breaking part, right?" "Right." "And then you made your graceful exit." "That's it." "I guess we're done here." "I'll settle up." "No, no, I got it." "I got it." "Did you come into some money?" "Yeah, I won $25 on a scratcher." "Lucky you." "Wait." "Hey, man." "Where to next, brother?" "I got to do this part on my own." "Are you sure?" "This was your plan." "You didn't come home with me that night." "Remember?" "Okay." "What is that?" "Is it a tooth?" "That's kind of small, man." "God." "It's not..." "Tom's, is it?" "This is a huge gamble." "You said that." "Are you sure you want to do it?" "All right." "Why are we here?" "You presented my client with a video from November 30th, the night that Tom Murphy was killed." "The footage shows my client exiting a taxi and walking towards the Murphy home." "Against my advice, he insists on giving you a detailed account of what followed." "So, the taxi video jogged your memory?" "Not the video." "This." "That appears to be a child's tooth." "It was Tom's." "And you have it." "Why?" "I'll get to that." "The reason why I couldn't remember anything that happened the night Tom died was because I was drugged." "Diminished capacity?" "You can't seriously be planning that as your defense." "Defense from what?" "My client hasn't been charged." "What was the drug?" "Benzodiazepine." "Manufacturer warning label cautions that interaction with alcohol can produce negative side effects, including memory loss." "It's all there, along with Mr. Lindsey's sworn statement corroborating the events of that evening." "This was the ultrasound I showed the people in the bar." "Of your son?" "Yeah, but it's not Tom." "Christy was pregnant six years ago, and she terminated." "It was a boy." "That's why you thought I knew Tom was mine, right?" "The jacket I wore the night Tom was killed" "I haven't worn again until yesterday, when Dave and I retraced our steps." "When I put my hand in the pocket, that's when I found the tooth, and..." "It all came back." "You have my undivided attention, Mr. Crawford." "I took a taxi home alone from the bar." "Here you go, man." "Thanks." "That's when I saw Tom's trike in the driveway." "The TV was on, so I knew Jess was awake, and I wanted to warn her." "Warn her?" "About what?" "Christy." "That was the night she found out about me and Jess." "And that's what you two argued about that night." "Yeah, I wanted to give Jess a heads-up before Christy confronted her." "So I tried to call her from the bar, but I dialed the wrong number." "That's the message you heard." "So, I go around to the back of the house." "Hey." "Shh." "Shh." "Shh." "Your mom's sleeping." "Here, come on." "I'll take you back to bed." "I lost a tooth." "You what?" "I lost a tooth." "You did?" "How many of those things do you got left in there?" "There it is." "Wow." "I woke up to see if the tooth fairy came, but it was still there." "You worried?" "Well, think about how many kids there are in the whole world." "How many do you think there are?" "A thousand million." "A thousand million?" "That's a lot of teeth." "See, that's why I wouldn't worry if the tooth fairy's running a couple hours behind." "Would you?" "Let's take one more peek and make sure that that sucker's still in there." "Yep." "Why don't I read you a book?" "Which one do you want?" "No, thank you." "You don't want a story, Tom?" "Those boys don't have daddies, either." "You know, your daddy loves you very much." "No, he does not." "Of course he does." "He loves you more than anything in the world." "Well, then why isn't he here?" "He wants to be." "That's all I know." "If I had a sweet, smart, loving, handsome little guy like you... there's nothing in the world I wouldn't do to let him know I loved him." "Getting sleepy?" "Good night, little man." "What's today, my fine fellow?" "Today?" "Why, Christmas day!" "Christmas day." "I haven't missed it." "The spirits have done it all in one night." "Hello, my fine fellow." "Hello!" "So, you admit it." "You were the last person to see Tom Murphy alive." "No." "That would be his killer." "You've been very thorough, Mr. Crawford." "But you do realize this doesn't eliminate you as a suspect." "I don't care." "And everything you've said here can be used against you." "Mr. Garner must have told you that." "I don't care." "Why not?" "Because now I know..." "I didn't kill Tom." "Hey, what's wrong?" "It was Tom's tooth, wasn't it?" "How would you..." "You woke up, and it was gone." "And there was a $10 bill." "So you thought it was Scott." "Yeah, I thought he put it under the pillow while I was sleeping." "It was you?" "I saw your light was on, and I knocked." "Then I went around back, and the door was unlocked." "Tom woke up, so I walked him back to bed." "I stayed with him until he fell asleep." "Ben." "I didn't kill Tom." "I know." "I know that." "I'm so happy that he woke up." "Don't you see?" "For his last night, he got to feel what it felt like to be your son." "Thank you." "Thank you." "Hey." "So, I got home, hopped on the treadmill, and suddenly, it occurred to me." "To win this trial, prosecution has to prove your guilt beyond a reasonable doubt." "Now, they can't do that if I offer an alternate theory of the crime." "Okay, what's the theory?" "You sleep with Jess once." "No one says a word." "Then six years later, Christy confronts you on it." "And that night, Tom is killed with your flashlight, left in a place where only you will discover him." "Wait, you can't seriously think Christy killed Tom." "I don't know who killed Tom." "All I know is that pause you took, that momentary hesitation when you asked yourself if your wife of 17 years was a killer... if I got you wondering even for a second, that's reasonable doubt." "And the best part is all this divorce crap, it's only gonna help." "How?" "Well, she's gonna destroy you... leave you alone, broke and pathetic." "It's perfect." "It builds sympathy." "That's no easy task." "I'm not gonna let her destroy me." "How can you stop her, Ben?" "She's got money." "You don't." "She'll get the better attorney... divorce attorney." "Christy doesn't have money." "Well, it turns out she does." "That mystery $25,000 that paid for my retainer, that came straight from the missus." "Wait a minute." "You said that was a cashier's check." "How do you know where it came from?" "I work with criminals." "I need to know where the money's coming from." "John, we don't have that kind of money." "Ben, I'm a twice-divorced criminal attorney, and there's two things I know with certainty... one, your wife is hiding cash, and, two, there's a lot more of it." "What makes you think that?" "Given the way she feels about you, do you think she'd give you her last 25 grand?"