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NARRATOR:
In the criminal justice system
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the people are represented by two
separate yet equally important groups,
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the police
who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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He started feeling crummy a couple
hours ago. He was running a...
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He was fine and then
he just crashed.
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That's how kids are. They
look okay, and then boom,
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they bottom out fast.
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Is he going
to be all right?
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They'll give him something at the E.R.
to bring his fever down.
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Looks like he's
just got the flu.
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But he had a shot
three weeks ago.
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Really? How old is he?
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Oh, he's 10. Our pediatrician
had a few extra doses.
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You're lucky.
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I know so many families who tried
to get shots and couldn't.
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Okay, James, we're gonna take
you for a little ride, buddy.
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Your mom's gonna come with us.
You're gonna be okay.
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It's okay, James. Every/thing's
gonna be all right, sweetheart.
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Mommy's here.
Mommy's here, baby.
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Okay. All right, honey.
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(SIREN WAILING)
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Cause of death,
acute pulmonary edema.
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A direct result
of the flu.
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So, Why'd you
call us here?
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His parents said he'd got a
flu shot about a month ago.
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Sol pulled his
pediatrician's chart.
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According to the records,
he was vaccinated,
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but when I ran blood titers,
he had no antibodies.
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And he should've had?
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If he'd been immunized,
absolutely.
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Still don't get
why we're here.
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There've been a lot of flu-related
deaths in the past few weeks.
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Iwent through the autopsy
records and found half a dozen
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other victims who
had also supposedly
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been vaccinated,
but had no antibodies.
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Supposedly?
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These people were not injected
with the flu vaccine,
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they couldn't have been.
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It wasn't just a bad
batch of the vaccine?
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Even with an expired or contaminated
vaccine, there'd still be antibodies.
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So, if it wasn't the vaccine,
what were they injected with?
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Good question. There's no
sign of anything toxic.
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So it has to be
something neutral,
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sterile saline
solution, maybe.
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So these people all thought
they were getting vaccinated,
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they weren't.
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They get the flu anyway,
and it killed them?
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Exactly.
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We could be looking at a whole
bunch of homicides here.
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That's why I called you.
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We talking mostly
old people here?
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Mostly. Some were from other
high-risk categories,
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immune-suppressed,
chronic illness.
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But a couple were perfectly healthy,
like this James Citron kid.
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Well, if they had
gotten the real vaccine,
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couldn't they have
gotten sick anyway?
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The M.E. says that
that's unlikely.
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The vaccine is
genetically designed
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to deal with whatever
this year's strain is.
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I spoke to a friend
of mine over at DEA.
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He says that
black market flu vaccine
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is going for
$800 avial.
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There are 10 doses
in avial.
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Where's it come from?
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Canada, mostly. Or it's old,
expired vaccine from last year.
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Because of the shortage this
season, demand is high.
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People are going
crazy to get a shot.
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Someone is selling
fake flu vaccine
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and passing it off
as black market?
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They're probably telling
the doctors that
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it fell off the back
of a truck in Toronto.
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Ugh. How many doctors
are we talking about?
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The M.E.'s identified seven
victims, seven different doctors.
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Seven different
neighborhoods.
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This thing is citywide.
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All right. You know you're going
to have to go down the list.
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Find out how much of
this stuff they bought,
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how many patients
were vaccinated,
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how many people are sick.
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You need to start with James
Citron's pediatrician,
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and in the meantime, I'll call the
Health Commissioner's Office.
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You know what the
messed up thing is?
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If Mrs. Citron's doctor
had the real deal,
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that boy didn't have to die.
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WASSERMAN: I gave him
the shot myself.
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He doesn't exactly fit
the criteria, does he?
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Under two or over 65 or with
a chronic medical condition?
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Well, lwouldn't
have given him one,
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but his mother
was worried.
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She said he was frail.
She insisted.
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And he got
the flu anyway.
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Well, he must have
gotten a different strain
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than the one
I vaccinated him for.
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It's rare and a damn
shame, but it happens.
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We need to have
that vaccine tested.
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The M.E. suspects that it may
have been a factor in his death.
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A factor?
In what way?
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Well, you're the expert,
Doctor, you tell us.
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How does a vaccine
go wrong?
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It could be tainted, adulterated
in some way, contaminated.
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Or simply expired,
ineffective.
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Or not a vaccine at all.
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What do you mean?
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That's the risk you
take when you buy
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any kind of drug
on the black market.
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You just don't know what you're
getting, do you, Doctor?
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(sums)
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Doctor, do you?
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Let's talk in here.
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Okay, we're going to need to take
whatever vaccine you have left.
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We'll have it
tested at the lab
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and then we'll know what
we're dealing with here.
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It's long gone.
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Iran through it
in a couple of days.
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How much did you buy?
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Fifteen vials.
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That's 150 shots, right?
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Rough“! -
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We're gonna need a list
of the 150 patients
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you gave this
phony vaccine to.
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Now other than James,
were any of them sick?
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Not so far.
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Let's hope that holds up.
Who'd you buy it from?
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Look, I'm a pediatrician.
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I did it to protect
my patients.
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Well, then protect
your patients now
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and let us know where you got
that phony vaccine from.
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I want you to know that I
went out of my own pocket
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nearly 10 grand to
pay for those meds.
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And we want you to know that we'll
make sure that the prosecutor's office
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and the AMA
knows all about that.
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All right, all right. I didn't
get it on the black market.
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I got it
from a colleague.
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I sold it to him for
exactly what it cost me.
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How much did you buy?
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Thirty vials. I sold half to Kevin,
used the rest for my patients.
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Where did you get it?
Why is that important?
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Hey, Doctor,
we have seven deaths.
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Flu victims
with no antibodies,
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who've all
been immunized.
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One of them was a 10-year-old
boy, for God's sakes,
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a patient of
Dr. Wasserman's.
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That's impossible. If they were
immunized, they'd have the antibodies.
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That's our point exactly.
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People are dying
from avirus
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they think they've been
protected against.
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Oh, my God, it's fake.
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Yeah. The M.E. thinks
it's a saline solution.
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My drug rep got me what I
needed, even with the shortage.
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I thought she was
a miracle worker.
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We need this miracle
worker's name and number.
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And you have a lot
of work to do, Doctor.
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You have to get
all your patients
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immunized again, this time
with the real vaccine.
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So, how did you get your
hands on so much flu vaccine
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in the middle of
a nationwide shortage?
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I had some connections with
some of the distributors.
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We did a background check
and we found out
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that you've been a pharmaceutical
rep for what, all of six months?
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What possible connections can you
have when there are people who
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have been in the business for years
can't get their hands on a single shot?
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An executive from Medicus
hooked me up.
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Medicus?
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Medicus Pharmaceuticals.
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It's a Canadian
drug manufacturer.
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And what's this
executive's name?
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Um, David.
David something.
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I have his card.
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How did he
hook you up?
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He works out of
their New York office.
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He said he
could get some,
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you know, on the side.
Under the counter.
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You thought he
was stealing it.
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I figured if he was, then
that was his business.
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I mean, since it's from Canada,
I didn't see any harm in it.
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It's the same vaccine.
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Trafficking in stolen goods.
International, no less.
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All right, look, we're gonna
need a list of the doctors
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you sold this stuff to and we're
gonna need that David fellow's card.
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ED: Can you
describe him for us?
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David Kolbrenner.
Early 30s, tall,
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short brown hair,
green eyes, nice smile.
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Do you always remember
people with such detail?
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Well, he was very handsome.
And I'm very single.
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I just got off the phone with
the Deputy Health Commissioner.
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We have two more deaths
where the family
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said the victims
had been vaccinated
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and the autopsies
said they hadn't.
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That's nine.
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(SIGHS) And no telling how many
more before this thing is over.
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They must be
sweating bullets.
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The Commissioner issued
awarning to doctors
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not to buy any black
market flu vaccine.
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The public ought
to know that.
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Yeah, but they want
to keep it quiet
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until they figure out
what they're doing.
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Listen, what have we got?
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We've got a lead on a guy
that sold the phony vaccine
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that was used
on James Citron.
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Claims to be from Medicus Pharmaceuticals.
Name's David Kolbrenner.
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And Medicus
never heard of him?
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His description doesn't fit
any of their employees.
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Look, the doctors
who are using
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this phony vaccine are
from all over the city.
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But this one rep only
covered the Village,
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so he's got to be
hitting other reps.
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Or he's working
from some kind of list.
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BRUNSWICK: A list
of drug reps? Sure.
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Drug manufacturers
buy them all the time.
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We're not interested in
the corporate customers.
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00:09:11,584 --> 00:09:13,951
We want the individuals who may
have purchased the list from you,
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like in the past
three months or so.
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I'll check it out.
(TYPING)
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Yeah, we've got
13 names and addresses.
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We're just interested
in the men.
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Five of the male persuasion.
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I'll print you out
a hard copy.
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You got a David Kolbrenner
on that list?
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Nope. Sorry.
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Of course not. It would
have been much too easy.
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ED: Let's start
with Mike Bass.
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(KNOCKING ON DOOR)
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I hope this guy's home.
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I'm getting tired
of coming out here.
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After this, we still
have the two in Jersey.
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I hate going to Jersey.
I always get lost.
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This dude's
still not home.
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Oh, the hell with it,
we'll come back later.
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Joe, check it out.
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Hey, excuse me, sir.
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Do you live here?
Who's asking?
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I'm Detective Fontana,
this is Detective Green,
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00:10:02,135 --> 00:10:03,694
New York City
Police Department.
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00:10:03,770 --> 00:10:05,465
We're looking
for a Mike Bass.
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I'm Mike Bass.
What can I do for you?
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You know
a David Kolbrenner?
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00:10:10,777 --> 00:10:13,610
No, I don't. Sorry.
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00:10:13,680 --> 00:10:16,615
Excuse me. Can we
see some ID please?
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00:10:17,117 --> 00:10:18,107
Sure.
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(CELL PHONE RINGS)
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00:10:19,285 --> 00:10:20,377
Yeah.
244
00:10:22,856 --> 00:10:25,757
You sure?
Okay, thanks.
245
00:10:26,259 --> 00:10:28,057
Joe, that's an affirmative.
246
00:10:28,128 --> 00:10:29,323
Really?
247
00:10:30,630 --> 00:10:33,190
Hey, that's a great shirt.
Paul Smith?
248
00:10:33,266 --> 00:10:36,292
That's right. Paul Smith.
Good eye.
249
00:10:37,303 --> 00:10:38,361
I have mine handmade.
250
00:10:38,438 --> 00:10:39,428
Nice.
251
00:10:39,506 --> 00:10:43,340
You know what's funny? Your
driver's license says Mike Bass,
252
00:10:43,943 --> 00:10:47,402
but the monogram on
your shirt says DK.
253
00:10:49,082 --> 00:10:53,849
Oh, uh, this shirt, yeah, now
this shirt is my cousin's.
254
00:10:53,920 --> 00:10:55,410
His name is Don.
255
00:10:55,488 --> 00:10:57,183
It's Don Kramer.
Shut up.
256
00:10:57,257 --> 00:10:59,385
I'll give you his number.
Shut up.
257
00:11:03,062 --> 00:11:04,689
That's him,
that's definitely him.
258
00:11:04,764 --> 00:11:05,890
He's sold you the vaccine?
259
00:11:05,965 --> 00:11:07,592
Yeah, he's the one,
no question.
260
00:11:08,134 --> 00:11:09,624
You done good.
261
00:11:10,203 --> 00:11:13,195
We want to know where the rest
of that phony vaccine is.
262
00:11:13,273 --> 00:11:15,367
I don't know what
you're talking about.
263
00:11:15,441 --> 00:11:17,671
Don't say anything. Direct
your questions to me, please.
264
00:11:17,744 --> 00:11:19,041
Where did you
get it, Mr. Bass?
265
00:11:19,112 --> 00:11:20,170
WICKHAM: Don't try
to pressure him.
266
00:11:20,246 --> 00:11:22,408
You think this is pressure?
Stick around a little while.
267
00:11:22,482 --> 00:11:25,713
Your client has already been lD'd by
a pretty little pharmaceutical rep.
268
00:11:25,785 --> 00:11:26,775
You remember her?
269
00:11:26,853 --> 00:11:28,252
You sold her
the phony vaccine.
270
00:11:28,321 --> 00:11:30,153
Told her your name
was David Kolbrenner.
271
00:11:31,224 --> 00:11:32,692
We found a bunch of
these in your wallet, bro.
272
00:11:36,129 --> 00:11:37,324
(sums)
273
00:11:39,499 --> 00:11:40,796
(WHISPERING)
274
00:11:42,068 --> 00:11:45,038
My client is willing to identify
all of the pharmaceutical reps
275
00:11:45,104 --> 00:11:46,367
he may have sold product to.
276
00:11:46,439 --> 00:11:48,464
The doctors
already told us that.
277
00:11:48,541 --> 00:11:50,600
And those other reps
are going to ID him, too.
278
00:11:50,677 --> 00:11:53,203
That's why we need to know
where the fake vaccine is now
279
00:11:53,279 --> 00:11:54,713
before any more
people die.
280
00:11:54,781 --> 00:11:57,045
The clock is ticking.
Don't you understand that?
281
00:11:57,116 --> 00:11:58,914
My client is not responsible
for any of these deaths.
282
00:11:58,985 --> 00:12:01,181
We have nine bodies
that say otherwise.
283
00:12:01,254 --> 00:12:03,154
And there'll be more
if he doesn't talk.
284
00:12:03,223 --> 00:12:04,622
WICKHAM: My client is
merely a middleman.
285
00:12:04,691 --> 00:12:06,716
"My client, my client."
Will you shut up?
286
00:12:06,793 --> 00:12:08,124
Your client is
putting thousands
287
00:12:08,194 --> 00:12:09,821
of people at risk,
causing an epidemic.
288
00:12:09,896 --> 00:12:11,159
(SLAMS HAND ON TABLE)
We want a name now.
289
00:12:12,465 --> 00:12:14,661
You have to tell the D.A.
we want full immunity.
290
00:12:14,734 --> 00:12:16,327
Full immunity?
291
00:12:16,402 --> 00:12:17,836
Dream on,
Public Defender.
292
00:12:18,271 --> 00:12:22,367
Look, I had no idea the vaccines
weren't real until you told me.
293
00:12:22,442 --> 00:12:24,342
I thought
they were stolen.
294
00:12:24,410 --> 00:12:28,574
I swear to God. Smuggled in
from Canada or somewhere.
295
00:12:28,648 --> 00:12:33,643
I sell fake handbags and
watches, for God's sakes.
296
00:12:35,188 --> 00:12:36,678
I'm no killer.
297
00:12:36,923 --> 00:12:38,084
FONTANA: No, you're not.
298
00:12:39,359 --> 00:12:41,259
You're a serial killer.
299
00:12:44,030 --> 00:12:45,259
(sums)
300
00:12:48,801 --> 00:12:50,701
I thought this was a
public health emergency.
301
00:12:51,170 --> 00:12:52,763
She said traffic
was terrible.
302
00:12:53,406 --> 00:12:55,170
She's new?
New to homicide.
303
00:12:55,241 --> 00:12:57,539
Tried a lot of felonies,
major cases.
304
00:12:57,610 --> 00:12:58,839
I hear she's pretty good.
305
00:12:58,911 --> 00:12:59,901
(DOOR OPENS)
306
00:12:59,979 --> 00:13:02,243
I apologize for
keeping you waiting.
307
00:13:02,315 --> 00:13:04,044
It's gridlock out there.
308
00:13:04,117 --> 00:13:05,846
A.D.A. Borgia.
Lieutenant Van Buren?
309
00:13:05,918 --> 00:13:07,079
Nice to meet you.
310
00:13:07,153 --> 00:13:08,416
Detectives Ed Green...
311
00:13:08,488 --> 00:13:09,478
How do you do?
312
00:13:09,555 --> 00:13:10,920
...Joe Fontana.
Pleasure.
313
00:13:10,990 --> 00:13:12,185
Gentlemen.
314
00:13:12,258 --> 00:13:13,817
Borgia? Italian, huh?
315
00:13:13,893 --> 00:13:15,793
Italian, French, Spanish.
316
00:13:15,862 --> 00:13:17,853
I still have
family in Venice.
317
00:13:17,930 --> 00:13:20,228
While I was stuck in traffic, I had
a chance to look over my notes
318
00:13:20,300 --> 00:13:22,564
from my conversation
with Lieutenant Van Buren.
319
00:13:22,635 --> 00:13:24,569
I think we can make
a deal with Mr. Bass.
320
00:13:25,004 --> 00:13:26,369
His lawyer wants
full immunity.
321
00:13:26,439 --> 00:13:28,134
You're not gonna make
that deal, are you?
322
00:13:28,207 --> 00:13:29,697
Of course not.
323
00:13:33,613 --> 00:13:36,105
Mr. Wickham,
Alexandra Borgia, A.D.A.
324
00:13:36,182 --> 00:13:37,172
Nice to meet you.
325
00:13:37,250 --> 00:13:39,241
Just wanted to let you
know that the charges
326
00:13:39,319 --> 00:13:41,947
will be amended to include
any future influenza deaths
327
00:13:42,021 --> 00:13:43,785
that can be linked
to your client.
328
00:13:43,856 --> 00:13:45,915
Excuse me?
Additional charges?
329
00:13:45,992 --> 00:13:47,323
I thought we were
gonna talk deal.
330
00:13:47,393 --> 00:13:49,555
As long as you maintain
a full immunity position,
331
00:13:49,629 --> 00:13:53,259
I'll personally see to it that Mr. Bass
is charged with any influenza death
332
00:13:53,333 --> 00:13:55,597
that can be even remotely
connected to him.
333
00:13:55,668 --> 00:13:57,261
That's prosecutorial
misconduct.
334
00:13:57,337 --> 00:13:59,669
That is prosecutorial
discretion.
335
00:14:01,607 --> 00:14:02,904
What can you do for us?
336
00:14:04,043 --> 00:14:05,067
An E felony.
337
00:14:05,144 --> 00:14:07,306
Scheme to defraud in the
first degree for each sale.
338
00:14:08,181 --> 00:14:09,307
And the homicide charges?
339
00:14:09,882 --> 00:14:11,008
We'll drop them.
340
00:14:11,084 --> 00:14:13,314
Providing your information
leads to whoever is making
341
00:14:13,386 --> 00:14:15,184
and distributing
this so-called vaccine.
342
00:14:15,722 --> 00:14:18,817
On the fraud charges, six
months, concurrent sentences?
343
00:14:18,891 --> 00:14:21,326
One year.
lfl like what I hear.
344
00:14:24,831 --> 00:14:26,060
(sums)
345
00:14:27,667 --> 00:14:29,328
(CLEARS THROAT)
346
00:14:29,402 --> 00:14:33,771
I've been buying counterfeit
goods from this guy for years.
347
00:14:34,374 --> 00:14:37,344
Handbags, watches,
CDs, you name it.
348
00:14:37,877 --> 00:14:39,345
Handbags are not
killing people.
349
00:14:40,847 --> 00:14:42,975
Sklar calls me up.
350
00:14:43,649 --> 00:14:46,744
He tells me he's got something
that's gonna blow my socks off.
351
00:14:47,387 --> 00:14:52,689
So I go to this warehouse and
he's got stacks of this vaccine
352
00:14:52,759 --> 00:14:54,318
that everybody's
clamoring for.
353
00:14:54,827 --> 00:14:56,852
Charges me
175 a vial.
354
00:14:57,530 --> 00:15:01,023
I'm selling it for five,
six, 700 bucks a piece.
355
00:15:01,267 --> 00:15:04,328
Easy. Fast as I can
get it, it's gone.
356
00:15:04,804 --> 00:15:06,431
This guy's
a counterfeiter.
357
00:15:06,506 --> 00:15:09,203
Ever cross your mind
that this stuff wasn't real?
358
00:15:09,275 --> 00:15:13,405
He told me it was stolen. It never
occurred to me that it was fake.
359
00:15:14,013 --> 00:15:15,310
Honest to God.
360
00:15:15,848 --> 00:15:17,247
So he's not the source.
361
00:15:17,316 --> 00:15:18,306
(SCOFFS)
362
00:15:18,384 --> 00:15:19,749
No, no way.
363
00:15:20,586 --> 00:15:21,712
Strictly wholesale.
364
00:15:22,922 --> 00:15:25,391
I need more before we can
go to ajudge for a warrant.
365
00:15:26,526 --> 00:15:28,153
That's all I got.
366
00:15:33,466 --> 00:15:34,592
This guy trusts you?
367
00:15:36,469 --> 00:15:38,335
We've been doing business
for years, yeah.
368
00:15:38,404 --> 00:15:40,532
You're gonna call him
on your cell right now.
369
00:15:40,606 --> 00:15:44,065
Let him know you have someone who wants
to make a really big vaccine buy.
370
00:15:44,544 --> 00:15:45,739
(sums)
371
00:15:47,413 --> 00:15:48,812
When do you want
to set it up for?
372
00:15:50,483 --> 00:15:53,077
People are dying.
Let's do it tonight.
373
00:16:00,660 --> 00:16:02,025
Kind of dark, isn't it?
374
00:16:02,094 --> 00:16:04,324
Well, the landlord's
a skinflint.
375
00:16:04,397 --> 00:16:06,764
The lights on the aisles
are on motion sensors
376
00:16:06,833 --> 00:16:08,198
and if you don't
keep moving around,
377
00:16:08,267 --> 00:16:11,168
they turn off after, like,
30 seconds or so.
378
00:16:11,537 --> 00:16:13,437
It's a pain in the ass.
379
00:16:17,410 --> 00:16:18,468
Wow.
380
00:16:19,145 --> 00:16:21,671
I'm impressed.
Mind if I take a look?
381
00:16:22,081 --> 00:16:23,310
You can look
all you want, man,
382
00:16:23,382 --> 00:16:25,350
my stuff is as
good as it gets.
383
00:16:25,418 --> 00:16:27,045
Yeah, so is mine.
384
00:16:27,720 --> 00:16:31,281
And since I've seen all of your
stuff, I'll show you mine.
385
00:16:32,992 --> 00:16:34,460
Now let's just
wait for the warrant
386
00:16:34,527 --> 00:16:36,518
and then we'll go through all
of this stuff piece by piece.
387
00:16:36,596 --> 00:16:38,587
What do you say?
You little bastard!
388
00:16:38,664 --> 00:16:39,654
What can I say?
389
00:16:39,732 --> 00:16:41,427
He's running.
He's running!
390
00:16:51,244 --> 00:16:52,541
(GUNSHOT)
391
00:16:54,480 --> 00:16:57,973
10-13. Shots fired. Repeat,
shots fired, ninth floor.
392
00:16:58,784 --> 00:16:59,945
You Okay?
393
00:17:00,219 --> 00:17:01,277
Yeah, I'm good. You?
394
00:17:01,354 --> 00:17:05,552
Yeah, never better. How about
you, Sklar, you son of a bitch?
395
00:17:06,225 --> 00:17:09,251
The building is sealed off. You're
only making things worse for yourself.
396
00:17:09,328 --> 00:17:12,958
Damn straight. Now come
out and drop your weapon!
397
00:17:29,248 --> 00:17:31,080
FONTANA: Ed, get ready.
398
00:17:32,618 --> 00:17:35,280
God said,
"Let there be light."
399
00:17:48,067 --> 00:17:49,466
Police. Don't move.
400
00:17:51,671 --> 00:17:53,469
He's down. He's down.
401
00:17:54,640 --> 00:17:57,371
10-13. Everything normal.
Repeat, everything normal.
402
00:17:57,443 --> 00:17:58,535
No further needed.
403
00:17:58,611 --> 00:18:01,342
We need a bus for a civilian.
Ninth floor.
404
00:18:05,318 --> 00:18:08,515
That's how you can tell it's a knockoff.
Steel instead of titanium.
405
00:18:08,588 --> 00:18:11,853
Great. So we can get him
for counterfeiting.
406
00:18:11,924 --> 00:18:12,914
No vaccine?
407
00:18:12,992 --> 00:18:16,929
We tore that place apart. A lot of bogus
and stolen stuff, but no vaccine.
408
00:18:16,996 --> 00:18:17,986
What the hell?
409
00:18:18,064 --> 00:18:19,657
VAN BUREN: And I just heard
from the Health Department.
410
00:18:19,732 --> 00:18:22,258
Sixteen deaths and counting.
411
00:18:22,335 --> 00:18:25,066
Sklar's got to be out
of the O.R. by now.
412
00:18:31,577 --> 00:18:34,376
I see the good news of my client's
recovery has spread quickly.
413
00:18:34,447 --> 00:18:37,178
Well, we thought we'd bring the guy some
flowers, cheer him up a little bit.
414
00:18:37,249 --> 00:18:39,877
Save them for your sweetie, Detective.
My client isn't talking.
415
00:18:39,952 --> 00:18:41,579
You should always
listen to your lawyer.
416
00:18:41,654 --> 00:18:44,385
After all, he is the one that's
facing 16 counts of homicide.
417
00:18:44,457 --> 00:18:46,255
Oh, no, wait a second,
that's you.
418
00:18:46,325 --> 00:18:47,486
I didn't make the stuff.
419
00:18:47,560 --> 00:18:48,925
Yeah, well, you better
tell us who did.
420
00:18:48,995 --> 00:18:50,827
After I talk to the D.A.
421
00:18:50,896 --> 00:18:53,695
We'll get this knocked down to
criminal possession of a firearm,
422
00:18:53,766 --> 00:18:55,256
some counterfeit charges,
then we'll talk.
423
00:18:55,334 --> 00:18:57,530
That's some bad
advice, Mr. Sklar.
424
00:18:57,603 --> 00:18:59,833
It's now or never, pally. If
we find the other guy first,
425
00:18:59,905 --> 00:19:03,205
he's the one who gets the
deal and you go right down.
426
00:19:05,578 --> 00:19:08,479
You're gonna tell the D.A.
that I cooperated, all right?
427
00:19:11,150 --> 00:19:12,140
All right.
428
00:19:12,685 --> 00:19:15,154
Against my advice,
go ahead.
429
00:19:17,523 --> 00:19:20,754
He said he got the stuff down in
Mexico where there's no shortage.
430
00:19:21,560 --> 00:19:22,891
You didn't know
it was fake?
431
00:19:22,962 --> 00:19:24,555
Fake? No way.
432
00:19:24,630 --> 00:19:27,258
He said he had connections
to a manufacturer down there.
433
00:19:27,333 --> 00:19:28,323
What's this guy's name?
434
00:19:28,401 --> 00:19:30,597
I only know him as EP.
435
00:19:30,670 --> 00:19:32,104
ED: Where did you
make the buys?
436
00:19:32,171 --> 00:19:33,434
In Red Hook.
437
00:19:33,506 --> 00:19:35,531
It's a warehouse garage,
on the water.
438
00:19:36,008 --> 00:19:38,500
New Street. I don't
know the exact address,
439
00:19:38,577 --> 00:19:40,204
but I can tell
you where it is.
440
00:19:40,279 --> 00:19:41,872
Can you draw us a map?
441
00:19:41,947 --> 00:19:43,540
Hey, no problem.
442
00:19:50,489 --> 00:19:52,685
I'm the manager.
Can I help you gentlemen?
443
00:19:52,758 --> 00:19:55,056
NYPD. You have the authority
to open these garages?
444
00:19:55,127 --> 00:19:58,461
No. Besides, you need a key
and I don't have one. Sorry.
445
00:19:58,531 --> 00:19:59,760
We do.
446
00:19:59,832 --> 00:20:00,822
What's this?
447
00:20:00,900 --> 00:20:01,890
That's our key.
448
00:20:01,967 --> 00:20:04,265
A warrant to
search this garage.
449
00:20:05,504 --> 00:20:06,699
You sure this is
the right place?
450
00:20:06,772 --> 00:20:08,968
He said seventh from the
parking lot on the water side.
451
00:20:09,041 --> 00:20:11,009
Okay, boys, let her rip.
452
00:20:24,323 --> 00:20:25,688
Here we go.
453
00:20:37,136 --> 00:20:40,106
We're gonna need the name and address
of whoever rents this space.
454
00:20:40,172 --> 00:20:42,163
I get a money order
every month.
455
00:20:42,241 --> 00:20:44,209
I ain't got no return
address for that space.
456
00:20:44,276 --> 00:20:46,176
Well, you must have an
emergency phone number
457
00:20:46,245 --> 00:20:47,269
in case something
comes up.
458
00:20:47,646 --> 00:20:48,636
I might.
459
00:20:48,714 --> 00:20:50,580
You get on the phone
and you tell the tenant
460
00:20:50,649 --> 00:20:51,878
to get down here
right away.
461
00:20:51,951 --> 00:20:55,512
A leak in the sprinkler system
just ruined his inventory.
462
00:20:56,422 --> 00:20:57,912
(HORN HONKING)
463
00:21:00,659 --> 00:21:04,721
If I lost one box in there,
it's your ass, old man.
464
00:21:04,797 --> 00:21:07,494
Who the hell am I talking to, huh?
Think I'm just doing this...
465
00:21:07,566 --> 00:21:08,795
Hey! What's going on?
466
00:21:08,868 --> 00:21:10,734
Elliot Peters, you're under arrest.
What for?
467
00:21:10,803 --> 00:21:12,271
For killing a whole
bunch of people.
468
00:21:12,338 --> 00:21:14,067
I'd read you a list, but
it's too long, you bastard.
469
00:21:14,140 --> 00:21:15,665
Turn around.
470
00:21:15,741 --> 00:21:17,072
Time to read this
crumb his rights.
471
00:21:17,143 --> 00:21:18,269
Ow! I don't have
the guts for it.
472
00:21:18,344 --> 00:21:20,938
Me, neither. But I don't want there
to be any technical difficulties.
473
00:21:21,013 --> 00:21:23,607
You have the right to remain silent.
Anything you say...
474
00:21:27,686 --> 00:21:29,176
POLLACK: Nineteen
manslaughter counts?
475
00:21:29,255 --> 00:21:32,156
Your Honor, my client is accused of
selling sterile saline solution.
476
00:21:32,224 --> 00:21:33,248
A harmless substance.
477
00:21:33,325 --> 00:21:36,090
Hardly harmless if it's
passed off as flu vaccine.
478
00:21:36,162 --> 00:21:38,631
Mr. Peters recklessly caused
the death of these people
479
00:21:38,697 --> 00:21:42,827
by providing a useless vaccine to a
marketplace driven by panic and hysteria.
480
00:21:42,902 --> 00:21:46,566
The definition of recklessness is "the
conscious disregard of a substantial risk."
481
00:21:46,639 --> 00:21:49,438
These phony vaccines were
sold to at-risk groups.
482
00:21:49,508 --> 00:21:51,374
The elderly,
young children,
483
00:21:51,443 --> 00:21:53,502
people with chronic
medical conditions.
484
00:21:53,579 --> 00:21:55,673
The victims didn't get the
vaccinations they needed
485
00:21:55,748 --> 00:21:57,876
because they wrongly believed
that they were protected
486
00:21:57,950 --> 00:21:59,975
by Mr. Peters'
worthless version.
487
00:22:00,052 --> 00:22:02,714
If I could charge him with 19
counts of murder, too, I would.
488
00:22:02,788 --> 00:22:04,984
Your Honor, my client
allegedly sold
489
00:22:05,057 --> 00:22:07,048
sterile saline solution
to one party,
490
00:22:07,126 --> 00:22:09,493
who sold it to another
who sold it to a third,
491
00:22:09,562 --> 00:22:10,927
who gave it to
someone else,
492
00:22:10,996 --> 00:22:13,090
who may or may not
have gotten the flu,
493
00:22:13,165 --> 00:22:15,133
and if they did, may or may
not have died from it.
494
00:22:15,201 --> 00:22:19,331
Gave it? It was injected into their
bodies in lieu of the real vaccine.
495
00:22:19,405 --> 00:22:21,635
One that these individuals
desperately needed.
496
00:22:21,707 --> 00:22:23,835
This harmless
saline solution
497
00:22:23,909 --> 00:22:25,308
would be used
by physicians
498
00:22:25,377 --> 00:22:26,811
who mistakenly thought
they were protecting
499
00:22:26,879 --> 00:22:28,677
their patients from
a life-threatening illness.
500
00:22:28,747 --> 00:22:29,737
Your Honor...
501
00:22:29,815 --> 00:22:32,045
Save your breath,
Mr. Pollack.
502
00:22:32,117 --> 00:22:35,644
I too regret that your client
can't be charged with murder.
503
00:22:35,721 --> 00:22:37,951
No bail.
Defendant is remanded.
504
00:22:40,125 --> 00:22:41,752
(sum-nus)
505
00:22:43,395 --> 00:22:45,056
Nice job, Counselor.
506
00:22:45,130 --> 00:22:48,395
Good luck getting a conviction
without any evidence.
507
00:22:50,002 --> 00:22:51,367
The warrant
called for a search
508
00:22:51,437 --> 00:22:54,236
of garage number seven in a
warehouse on New Street.
509
00:22:54,306 --> 00:22:56,297
Now, our informant didn't
have the exact address,
510
00:22:56,375 --> 00:22:59,902
but the cops easily found the
right warehouse and garage.
511
00:23:01,046 --> 00:23:02,605
What's the problem?
512
00:23:02,681 --> 00:23:04,706
The problem is the garage
the police searched
513
00:23:04,783 --> 00:23:06,945
was technically
number 14.
514
00:23:07,019 --> 00:23:08,180
Our informant
called it number seven
515
00:23:08,254 --> 00:23:09,278
because it was
the seventh door
516
00:23:09,355 --> 00:23:10,686
down the pier
from the parking lot.
517
00:23:11,323 --> 00:23:13,621
Shouldn't be an issue as long
as the doors weren't numbered.
518
00:23:13,692 --> 00:23:15,421
It's very confusing
out there.
519
00:23:15,494 --> 00:23:17,519
Some of the doors were numbered,
some of them weren't.
520
00:23:17,596 --> 00:23:20,258
This one was not particularly
prominent or visible,
521
00:23:20,332 --> 00:23:23,859
but there is a number on the
building 20 feet above the door.
522
00:23:23,936 --> 00:23:26,462
How do the warehouse
records list the garage?
523
00:23:27,373 --> 00:23:28,898
As number 14.
524
00:23:28,974 --> 00:23:31,568
That's how it's recorded at the
county surveyor's office as well.
525
00:23:31,644 --> 00:23:32,975
We can't get
this evidence in.
526
00:23:33,045 --> 00:23:35,013
Pollack's argument
is hyper-technical.
527
00:23:35,080 --> 00:23:36,479
Besides, lthought
the Supreme Court
528
00:23:36,548 --> 00:23:38,175
allowed the police to
make a good faith error
529
00:23:38,250 --> 00:23:39,649
and still have the evidence
remain admissible.
530
00:23:39,718 --> 00:23:43,245
They did, and if this were a federal
case, I wouldn't be worried.
531
00:23:43,322 --> 00:23:45,723
But New York State doesn't
give the same latitude.
532
00:23:45,791 --> 00:23:47,122
It's a stricter standard.
533
00:23:48,060 --> 00:23:50,358
You really think there's a
chance it could be suppressed?
534
00:23:50,429 --> 00:23:52,420
You should have gone out to
the site with the police
535
00:23:52,498 --> 00:23:54,990
and the informant
prior to the raid,
536
00:23:55,067 --> 00:23:57,729
made sure your warrant
was absolutely in order.
537
00:23:57,803 --> 00:23:59,396
The informant was
still in the hospital.
538
00:23:59,471 --> 00:24:01,098
And we didn't want to
wait and risk more
539
00:24:01,173 --> 00:24:03,198
of the phony vaccine
getting distributed.
540
00:24:04,076 --> 00:24:05,441
(sums)
541
00:24:06,412 --> 00:24:08,813
Let's hope we get
the rightjudge.
542
00:24:13,886 --> 00:24:17,345
The warrant gave permission for the
police to search garage number seven.
543
00:24:17,423 --> 00:24:20,358
It's a distinct address
recognized on that warehouse lot
544
00:24:20,426 --> 00:24:21,985
by various city
and state agencies,
545
00:24:22,061 --> 00:24:24,052
as well as by the
warehouse's own record.
546
00:24:24,129 --> 00:24:26,393
That is not the garage
that the police entered.
547
00:24:26,465 --> 00:24:29,833
The police searched the garage in the
warehouse described by the informant.
548
00:24:29,902 --> 00:24:32,735
They opened the seventh
garage door down the row,
549
00:24:32,805 --> 00:24:35,638
which is what Mr. Sklar meant
when he said garage seven.
550
00:24:35,708 --> 00:24:37,233
Which is what they
thought he meant.
551
00:24:37,309 --> 00:24:39,437
The door was clearly
marked 14, not seven.
552
00:24:39,511 --> 00:24:41,343
The police searched
the right premises.
553
00:24:41,413 --> 00:24:43,711
They found the counterfeit
drugs they were looking for.
554
00:24:43,782 --> 00:24:45,841
That's irrelevant, Your Honor.
You're not entitled to be lucky.
555
00:24:45,918 --> 00:24:48,353
Your Honor, Mr. Pollack
is arguing a technicality.
556
00:24:48,420 --> 00:24:50,411
Since when is the Fourth
Amendment a technicality?
557
00:24:50,522 --> 00:24:51,512
(SCOFFS)
558
00:24:51,590 --> 00:24:54,150
The simple fact is, the police had a
warrant that entitled them to search
559
00:24:54,226 --> 00:24:56,854
premises A and they
searched premises B.
560
00:24:57,997 --> 00:24:59,021
Mr. McCoy?
561
00:24:59,098 --> 00:25:02,796
The Fourth Amendment exists to
prevent unreasonable searches.
562
00:25:03,202 --> 00:25:06,399
In this case, the police got what they
believed was accurate information,
563
00:25:06,472 --> 00:25:07,803
they waited for
a search warrant,
564
00:25:07,873 --> 00:25:11,207
and then they entered the actual
location they were looking for.
565
00:25:11,744 --> 00:25:13,906
The fact that the warrant
contains a numerical error
566
00:25:13,979 --> 00:25:15,879
is irrelevant
and hyper-technical.
567
00:25:15,948 --> 00:25:18,747
This is more than a
hyper-technicality, I'm afraid.
568
00:25:18,817 --> 00:25:21,787
Your informant did not
have the correct location.
569
00:25:22,488 --> 00:25:26,288
I have no choice but to suppress
the evidence from the garage.
570
00:25:27,126 --> 00:25:28,252
JACK: Without those
vials of vaccine,
571
00:25:28,327 --> 00:25:30,227
I don't know that
we can make our case.
572
00:25:30,295 --> 00:25:33,060
We have Sklar's testimony that he
bought the vaccine from Peters.
573
00:25:33,132 --> 00:25:36,227
The uncorroborated testimony
of a petty criminal.
574
00:25:36,869 --> 00:25:39,497
So we can't use
what was in the garage.
575
00:25:40,305 --> 00:25:42,535
What if we have evidence of
what was outside the warehouse?
576
00:25:42,608 --> 00:25:43,598
I don't follow.
577
00:25:43,675 --> 00:25:46,440
There have to be surveillance
cameras on the loading docks.
578
00:25:46,512 --> 00:25:48,139
Maybe there's something
there we can use.
579
00:25:48,213 --> 00:25:49,840
It's a long shot.
580
00:25:50,282 --> 00:25:51,943
No stone unturned.
581
00:25:52,985 --> 00:25:56,512
We only keep 30 days worth
of videotape at atime.
582
00:25:56,588 --> 00:25:58,750
Anything before that
would be taped over.
583
00:25:58,824 --> 00:26:01,156
But if Peters received a new
delivery in the last month,
584
00:26:01,226 --> 00:26:03,194
it would be on the tape?
585
00:26:03,429 --> 00:26:04,521
Yeah.
586
00:26:05,330 --> 00:26:06,855
Well, could you
check, please?
587
00:26:06,932 --> 00:26:09,060
All right,
I'll get the file.
588
00:26:11,570 --> 00:26:14,596
If he were here, he would have
signed in on the sign-in sheet.
589
00:26:14,673 --> 00:26:15,765
Every time?
590
00:26:15,841 --> 00:26:17,809
Well, maybe
not every time.
591
00:26:17,876 --> 00:26:19,366
That's what I thought.
592
00:26:20,679 --> 00:26:22,875
All right,
this is what I got.
593
00:26:23,782 --> 00:26:25,375
His name is not
on the sheet.
594
00:26:26,118 --> 00:26:28,018
Here, see for yourself.
595
00:26:29,221 --> 00:26:31,212
Why does it say "Heath"
at the top of the page?
596
00:26:31,290 --> 00:26:33,054
I thought this was
Elliot Peters' garage.
597
00:26:33,125 --> 00:26:37,153
Mr. Peters is listed as a person
with right of access to the space.
598
00:26:37,229 --> 00:26:38,219
So who's Heath?
599
00:26:38,297 --> 00:26:39,822
Mr. Peters' sister.
600
00:26:39,898 --> 00:26:41,923
The garage is
rented in her name.
601
00:26:46,905 --> 00:26:50,136
Bad news is there's no usable video
of activity outside the garage.
602
00:26:50,209 --> 00:26:51,233
And the good news?
603
00:26:51,310 --> 00:26:52,971
We got him anyway.
604
00:26:55,714 --> 00:26:58,274
Call me crazy, Your Honor, but didn't
we decide this matter already?
605
00:26:58,350 --> 00:27:00,045
New evidence has
been uncovered.
606
00:27:00,119 --> 00:27:02,986
Would the People be so good as
to share it with the court?
607
00:27:03,055 --> 00:27:07,083
Of course. The storage
garage was not Mr. Peters'.
608
00:27:07,159 --> 00:27:09,287
It was rented by his
sister, Amanda Heath.
609
00:27:09,361 --> 00:27:14,026
Without my client admitting that any of the
previously excluded materials was his,
610
00:27:14,099 --> 00:27:16,796
he used this storage facility all the time.
He had a key...
611
00:27:16,869 --> 00:27:20,430
But does not have a reasonable
expectation of privacy in this space,
612
00:27:20,506 --> 00:27:23,100
which is needed to assert
a Fourth Amendment claim.
613
00:27:23,175 --> 00:27:26,042
My client's name was on the
access list to the garage.
614
00:27:26,111 --> 00:27:28,079
When she moved
into a smaller apartment,
615
00:27:28,147 --> 00:27:31,208
his sister listed him so he could
finish storing her things.
616
00:27:31,283 --> 00:27:34,913
In this affidavit, she categorically
denies ever giving him permission
617
00:27:34,987 --> 00:27:37,046
to use the space
for his own purposes.
618
00:27:37,122 --> 00:27:38,988
The space belongs
only to Ms. Heath.
619
00:27:39,057 --> 00:27:42,083
Fine. So the police violated Ms.
Heath's Fourth Amendment rights.
620
00:27:42,161 --> 00:27:45,927
I don't concede that, but even
if they did, it's irrelevant.
621
00:27:45,998 --> 00:27:47,693
She's not being
charged with anything.
622
00:27:47,766 --> 00:27:51,828
Your client has no standing to invoke
the constitutional rights of his sister
623
00:27:51,904 --> 00:27:54,839
and therefore never had standing
to move to suppress this evidence
624
00:27:54,907 --> 00:27:56,170
in the first place.
625
00:27:56,241 --> 00:27:58,710
I agree. I withdraw
my previous ruling.
626
00:27:58,777 --> 00:28:00,302
The evidence
is reinstated.
627
00:28:00,379 --> 00:28:01,869
(GAVEL BANGS)
628
00:28:03,315 --> 00:28:05,716
Pollack will say Peters
is just a counterfeiter.
629
00:28:05,784 --> 00:28:07,980
That this is fraud,
not manslaughter.
630
00:28:08,053 --> 00:28:11,182
I think the question here
is one of foreseeability.
631
00:28:11,256 --> 00:28:14,248
Peters had to know
that his saline solution
632
00:28:14,326 --> 00:28:18,354
would end up being injected
into patients as flu vaccine.
633
00:28:18,697 --> 00:28:21,792
Who might or might not have
gotten sick, and if they did,
634
00:28:21,867 --> 00:28:24,199
who might or
might not have died.
635
00:28:24,469 --> 00:28:25,561
They'll paint him
as a screw-up,
636
00:28:25,637 --> 00:28:27,799
not as the heartless
sociopath that he is.
637
00:28:27,873 --> 00:28:29,898
I think we can cast
him in that light.
638
00:28:29,975 --> 00:28:31,340
He did six months
federal time
639
00:28:31,410 --> 00:28:33,845
for selling expired drug
samples to pharmacists.
640
00:28:33,912 --> 00:28:37,780
He's been sued more times than
you can count for various scams.
641
00:28:37,849 --> 00:28:41,808
Phony airline tickets, posing as a
contractor, defrauding old folks.
642
00:28:41,887 --> 00:28:43,184
A career con man.
643
00:28:43,255 --> 00:28:46,156
Did he ever put anyone at real
risk in terms of life and limb?
644
00:28:46,225 --> 00:28:50,219
One of his schemes was buying totaled
cars, reassembling and selling them.
645
00:28:50,295 --> 00:28:52,423
They'd pass inspection,
but the chassis were so bad,
646
00:28:52,497 --> 00:28:54,022
they were unsafe
at any speed.
647
00:28:54,099 --> 00:28:56,329
Another was selling
previously recalled
648
00:28:56,401 --> 00:28:58,495
contaminated
surgical supplies,
649
00:28:58,570 --> 00:29:00,800
which, in one case,
resulted in an infection
650
00:29:00,872 --> 00:29:03,739
causing the victim to have his
leg amputated below the knee.
651
00:29:03,809 --> 00:29:05,504
I really want
to nail this guy.
652
00:29:06,178 --> 00:29:07,407
Well, Pollack is
going to concede
653
00:29:07,479 --> 00:29:09,675
that his client did
everything we say he did.
654
00:29:09,748 --> 00:29:12,740
Sold saline solution
disguised as flu vaccine.
655
00:29:13,685 --> 00:29:17,519
His argument is simply that
none of this caused any deaths.
656
00:29:17,589 --> 00:29:20,217
I know I have a causation issue, Arthur.
I'll overcome it.
657
00:29:20,292 --> 00:29:22,624
Okay, their argument
is going to be that
658
00:29:22,694 --> 00:29:26,028
some of the victims had severe
pre-existing health problems.
659
00:29:26,098 --> 00:29:27,896
Otherwise, getting the flu
wouldn't have killed them.
660
00:29:28,767 --> 00:29:31,259
We should take that
argument as our own.
661
00:29:31,336 --> 00:29:33,395
Those people who had
pre-existing health problems
662
00:29:33,472 --> 00:29:36,464
are the very ones who had a more
than reasonable expectation
663
00:29:36,541 --> 00:29:39,408
of receiving
a genuine vaccination,
664
00:29:39,478 --> 00:29:41,344
if they hadn't gotten
the phony one first.
665
00:29:41,413 --> 00:29:45,281
In fact, I think we ought to treat this
as if it were a class action suit.
666
00:29:45,350 --> 00:29:47,944
Winnow it down to the
strongest batch of cases.
667
00:29:48,020 --> 00:29:49,317
The at-risk patients.
668
00:29:49,855 --> 00:29:52,153
That's gonna eliminate
two or three of the deaths.
669
00:29:52,224 --> 00:29:54,818
I wish I could
prosecute all of them,
670
00:29:54,893 --> 00:29:57,021
but if Pollack casts a
doubt over one of them,
671
00:29:57,095 --> 00:29:58,688
then the rest may
become vulnerable.
672
00:29:59,097 --> 00:30:00,963
I'm sure you're right.
673
00:30:01,466 --> 00:30:03,958
But you're not the one who's gonna
have to speak to the families.
674
00:30:04,036 --> 00:30:06,437
Well, that's what rookies are for, Ms.
Borgia.
675
00:30:06,505 --> 00:30:08,269
To do the dirty work.
676
00:30:12,911 --> 00:30:16,575
I don't understand. You're not
prosecuting Elliot Peters?
677
00:30:17,416 --> 00:30:19,441
No, we're going to
prosecute Elliot Peters.
678
00:30:19,518 --> 00:30:21,577
But not for
James's death?
679
00:30:21,653 --> 00:30:24,281
I'm sorry.
It's a strategic decision
680
00:30:24,356 --> 00:30:26,552
based on James's health
at the time of his death.
681
00:30:26,625 --> 00:30:29,026
I don't understand,
James was healthy.
682
00:30:29,094 --> 00:30:30,653
That's the problem.
683
00:30:30,729 --> 00:30:32,823
He wasn't in an
at-risk category.
684
00:30:32,898 --> 00:30:34,366
He didn't have
a reasonable expectation
685
00:30:34,433 --> 00:30:37,164
of getting a flu shot under
the shortage guidelines.
686
00:30:37,235 --> 00:30:42,196
I would have taken him to my own
doctor instead, not the pediatrician.
687
00:30:43,375 --> 00:30:45,810
My son would
have been protected.
688
00:30:45,877 --> 00:30:49,472
He wouldn't have gotten sick.
He wouldn't have died.
689
00:30:51,350 --> 00:30:55,446
James will be represented in
that courtroom. I promise you.
690
00:30:56,922 --> 00:31:01,587
You'll make sure this man is punished?
You promise me that?
691
00:31:09,735 --> 00:31:12,102
Did you have
an opportunity to review
692
00:31:12,170 --> 00:31:14,537
all of the medical
and autopsy records
693
00:31:14,606 --> 00:31:16,631
of each of the 16 victims?
694
00:31:16,708 --> 00:31:18,107
Yes, I did.
695
00:31:18,176 --> 00:31:21,737
These deaths were textbook
influenza sequelae-related deaths.
696
00:31:22,347 --> 00:31:25,977
In your opinion, is there anything that
could have prevented those deaths?
697
00:31:26,051 --> 00:31:28,452
Absolutely.
A current flu vaccine.
698
00:31:29,521 --> 00:31:31,182
Thank you, Doctor.
699
00:31:33,592 --> 00:31:35,959
Even if these 16 people had
been properly vaccinated,
700
00:31:36,027 --> 00:31:40,294
they still could have contracted the
influenza virus and died, correct?
701
00:31:40,665 --> 00:31:41,655
Very unlikely.
702
00:31:41,733 --> 00:31:43,633
Move to strike as
unresponsive, YourHonoL
703
00:31:44,603 --> 00:31:46,298
The doctor's answer
will be stricken
704
00:31:46,371 --> 00:31:48,897
and the jury is instructed
to disregard it.
705
00:31:48,974 --> 00:31:51,671
Once again, Dr. Adams, could
these people have gotten sick
706
00:31:51,743 --> 00:31:52,904
and died
from influenza
707
00:31:52,978 --> 00:31:55,504
even if they had been properly
vaccinated, yes or no?
708
00:31:55,580 --> 00:31:57,241
It's possible, yes.
709
00:31:57,315 --> 00:31:59,807
So the vaccine isn't
100% effective?
710
00:32:00,318 --> 00:32:02,343
Not 100%, no, it isn't.
711
00:32:02,654 --> 00:32:05,954
In fact, it's possible to be vaccinated
against one strain of the flu
712
00:32:06,024 --> 00:32:07,992
and still come down with a completely
different strain, isn't it?
713
00:32:08,059 --> 00:32:09,720
The 16 victims
we're talking about
714
00:32:09,795 --> 00:32:12,890
died from the very strain that this
year's vaccine was designed to counter.
715
00:32:12,964 --> 00:32:15,160
Once again, Doctor,
I didn't ask you that.
716
00:32:15,233 --> 00:32:17,668
Objection. The witness
answered the question.
717
00:32:17,736 --> 00:32:21,832
The prosecution claims that my
client ignored a substantial risk.
718
00:32:22,174 --> 00:32:26,111
I'm trying to ascertain how substantial
the risk of not being vaccinated is.
719
00:32:26,178 --> 00:32:27,270
Overruled.
720
00:32:28,213 --> 00:32:31,046
So, even if they'd
gotten this year's vaccine,
721
00:32:31,116 --> 00:32:34,108
they still could have contracted a
different strain of the flu and died?
722
00:32:34,186 --> 00:32:35,176
Yes.
723
00:32:35,253 --> 00:32:37,381
Even possibly
from the very strain
724
00:32:37,456 --> 00:32:39,948
the vaccine was meant to
protect them against, correct?
725
00:32:42,060 --> 00:32:43,323
Possibly.
726
00:32:44,095 --> 00:32:45,426
Thank you.
727
00:32:47,766 --> 00:32:48,892
Redirect?
728
00:32:49,701 --> 00:32:50,759
Go ahead.
729
00:32:50,836 --> 00:32:53,965
What are the odds of someone who
has been properly vaccinated
730
00:32:54,039 --> 00:32:56,440
dying of a different
strain of the flu?
731
00:32:56,508 --> 00:32:59,739
Incredibly small. One or
two in a million, perhaps.
732
00:32:59,811 --> 00:33:01,472
But they can
catch the flu.
733
00:33:01,546 --> 00:33:03,241
Yes, and if you've been
properly vaccinated,
734
00:33:03,315 --> 00:33:05,443
what you get is
a very mild case of it.
735
00:33:05,517 --> 00:33:09,317
And the odds of dying of the same
strain you are vaccinated for?
736
00:33:09,387 --> 00:33:12,618
In all my years of practice,
I've never seen it.
737
00:33:13,492 --> 00:33:15,085
Nothing further.
738
00:33:18,530 --> 00:33:20,430
When I ran blood titers
on the deceased,
739
00:33:20,499 --> 00:33:22,365
I found that none of
them had antibodies
740
00:33:22,434 --> 00:33:23,902
for the influenza virus.
741
00:33:23,969 --> 00:33:25,835
And if they don't
have the antibodies?
742
00:33:25,904 --> 00:33:28,168
Then these people never
received a flu vaccination,
743
00:33:28,240 --> 00:33:30,106
no matter what their
medical records say.
744
00:33:31,176 --> 00:33:32,837
Thank you, Doctor.
745
00:33:35,714 --> 00:33:39,742
When you perform an autopsy, you
determine the cause of death,
746
00:33:39,818 --> 00:33:42,719
and then you record it in a
death certificate, don't you?
747
00:33:42,787 --> 00:33:43,982
Basically, yes.
748
00:33:44,055 --> 00:33:47,389
Isn't it true that a death certificate
is considered an opinion?
749
00:33:47,459 --> 00:33:50,588
Based on available facts
known at the time.
750
00:33:50,662 --> 00:33:51,993
You were accurate
in your analysis
751
00:33:52,063 --> 00:33:53,588
of the 16 deaths
in question?
752
00:33:53,665 --> 00:33:54,723
I believe I was.
753
00:33:54,799 --> 00:33:56,164
So isn't it true
that you concluded
754
00:33:56,234 --> 00:33:57,793
that influenza
was not responsible
755
00:33:57,869 --> 00:33:59,769
for the deaths of
any of these people?
756
00:33:59,838 --> 00:34:03,934
No, that's not true, the influenza
led directly to their deaths.
757
00:34:04,009 --> 00:34:06,273
How can you say that when
the death certificates,
758
00:34:06,344 --> 00:34:08,676
which you signed,
state otherwise.
759
00:34:09,614 --> 00:34:11,275
Defense exhibit D.
760
00:34:11,716 --> 00:34:13,878
Death certificate
of Patrick Fitzhugh.
761
00:34:14,853 --> 00:34:17,481
According to the death
certificate you completed,
762
00:34:17,556 --> 00:34:20,651
what was Mr. Fitzhugh's
immediate cause of death?
763
00:34:20,725 --> 00:34:22,193
Sepsis.
Mmm-hmm.
764
00:34:22,260 --> 00:34:24,820
And the intermediate
cause of death?
765
00:34:24,896 --> 00:34:25,886
Pneumonia.
766
00:34:26,998 --> 00:34:29,933
And finally, the
underlying cause of death?
767
00:34:31,903 --> 00:34:34,167
Chronic obstructive
pulmonary disease.
768
00:34:34,673 --> 00:34:37,802
Three causes of death and
not one of them influenza?
769
00:34:37,876 --> 00:34:40,811
Influenza was listed on
the death certificate.
770
00:34:40,879 --> 00:34:42,643
Oh, line D.
771
00:34:43,448 --> 00:34:46,577
Right here where it says,
"Other significant conditions
772
00:34:46,651 --> 00:34:50,349
"which contributed to but did
not directly cause death."
773
00:34:51,489 --> 00:34:54,220
So you yourself believe that
influenza was not a direct cause
774
00:34:54,292 --> 00:34:57,023
of Mr. Fitzhugh's death, or indeed
of any of the deaths in question?
775
00:34:57,095 --> 00:35:00,156
A homicide does not
require a direct cause.
776
00:35:00,231 --> 00:35:02,598
It can be the result
of an indirect cause.
777
00:35:03,101 --> 00:35:04,591
Mmm-hmm.
778
00:35:04,669 --> 00:35:08,333
Mr. Fitzhugh was a pack-a-day
smoker since he was 19.
779
00:35:09,274 --> 00:35:11,743
In your opinion,
were those cigarettes
780
00:35:11,810 --> 00:35:13,300
an indirect cause
of the pulmonary disease
781
00:35:13,378 --> 00:35:15,278
you said he suffered from?
Most likely.
782
00:35:17,782 --> 00:35:20,410
Then why isn't a tobacco executive
sitting next to my client?
783
00:35:20,485 --> 00:35:22,385
Objection.
JUDGE: Sustained.
784
00:35:22,454 --> 00:35:23,580
POLLACK: No further questions.
785
00:35:23,655 --> 00:35:25,180
JACK: Redirect?
786
00:35:25,857 --> 00:35:30,920
Please explain how causes of death
are listed on death certificates.
787
00:35:30,996 --> 00:35:35,456
We can list an immediate, an intermediate
and an underlying cause of death,
788
00:35:35,533 --> 00:35:36,694
and in some cases,
789
00:35:36,768 --> 00:35:39,669
other significant factors which
contributed to the death.
790
00:35:40,105 --> 00:35:43,735
And why was influenza listed
as a contributing factor?
791
00:35:43,808 --> 00:35:46,641
The influenza virus
exerted its lethality
792
00:35:46,711 --> 00:35:49,703
by exacerbating
an underlying disease.
793
00:35:49,781 --> 00:35:51,772
In other words, if they
hadn't gotten the flu...
794
00:35:51,850 --> 00:35:53,784
Then these people
would still be
795
00:35:53,852 --> 00:35:56,719
in their customary
state of ill health.
796
00:35:56,788 --> 00:35:58,119
Sick, yes.
797
00:35:59,257 --> 00:36:00,588
But alive.
798
00:36:04,996 --> 00:36:07,931
POLLACK: Why did you
put saline in the vials?
799
00:36:07,999 --> 00:36:09,694
I researched it carefully.
800
00:36:09,768 --> 00:36:12,294
I knew that saline was
not harmful to the body.
801
00:36:12,370 --> 00:36:14,429
I didn't want
anyone to get hurt.
802
00:36:14,506 --> 00:36:17,237
I made sure all
the vials were sterile.
803
00:36:17,308 --> 00:36:19,367
Everything was done
so that no one would
804
00:36:19,444 --> 00:36:21,469
get sick from
the injections themselves.
805
00:36:21,546 --> 00:36:23,036
But you admit
you broke the law?
806
00:36:23,114 --> 00:36:26,243
And I am more than willing to
take the punishment for that.
807
00:36:26,317 --> 00:36:29,480
But I am not a killer.
lam a counterfeiter.
808
00:36:30,121 --> 00:36:31,282
Weren't you concerned
that some people
809
00:36:31,356 --> 00:36:34,519
might catch the flu and get sick
because they weren't immunized?
810
00:36:34,592 --> 00:36:37,823
Honestly, I didn't think that
anyone would catch the flu.
811
00:36:37,896 --> 00:36:39,762
I mean, that's just the
luck of the draw, isn't it?
812
00:36:39,831 --> 00:36:40,821
That could
happen to anyone,
813
00:36:40,899 --> 00:36:42,924
whether you got
a flu shot or not.
814
00:36:43,001 --> 00:36:46,699
And, um, can't the vaccine
itself make you sick?
815
00:36:47,706 --> 00:36:49,504
Besides,
who dies from the flu?
816
00:36:49,574 --> 00:36:53,807
You're sick for a few days, eat a
lot of chicken soup, and that's it.
817
00:36:54,913 --> 00:36:56,779
Thank you, Mr. Peters.
818
00:37:00,618 --> 00:37:04,020
These 16 people we've been
talking about, they died.
819
00:37:05,924 --> 00:37:07,983
They died of the flu.
820
00:37:08,393 --> 00:37:10,691
From the testimony
I've heard,
821
00:37:10,762 --> 00:37:14,596
there seems to be a difference
of opinion about that, actually.
822
00:37:15,400 --> 00:37:17,300
But I'm sorry they did.
823
00:37:17,869 --> 00:37:20,998
However it happened.
I'm very sorry.
824
00:37:21,339 --> 00:37:23,535
You just testified you
didn't think there was
825
00:37:23,608 --> 00:37:27,511
much risk connected
to your ersatz vaccine.
826
00:37:27,579 --> 00:37:30,514
I didn't think so. Nothing
substantial, at least.
827
00:37:30,582 --> 00:37:34,883
You didn't think that what you
did posed any substantial risk?
828
00:37:35,286 --> 00:37:36,754
Is that your testimony?
829
00:37:36,821 --> 00:37:37,879
Yes.
830
00:37:39,858 --> 00:37:41,223
Mr. Peters,
831
00:37:44,129 --> 00:37:46,496
did you ever see an old
movie called The Third Man?
832
00:37:46,564 --> 00:37:47,929
Your Honor?
833
00:37:48,900 --> 00:37:49,992
Mr. McCoy?
834
00:37:50,602 --> 00:37:52,536
The defendant
says he couldn't
835
00:37:52,604 --> 00:37:57,337
foresee any substantial
risk to his actions.
836
00:37:57,408 --> 00:38:01,743
I'd like to explore that state
of mind a little further.
837
00:38:02,280 --> 00:38:04,180
The witness may answer.
838
00:38:05,617 --> 00:38:07,984
The Third Man?
With Orson Welles?
839
00:38:08,920 --> 00:38:10,183
It's been a long time.
840
00:38:10,255 --> 00:38:12,587
Orson Welles plays
a black marketer,
841
00:38:12,657 --> 00:38:18,061
who steals penicillin and then dilutes
and sells it with tragic consequences.
842
00:38:18,463 --> 00:38:20,727
Death, amputation,
children die.
843
00:38:20,799 --> 00:38:22,130
Objection.
844
00:38:22,634 --> 00:38:27,470
It's a parallel situation, Your Honor.
I think the analogy is apt.
845
00:38:28,907 --> 00:38:30,238
Overruled.
846
00:38:30,842 --> 00:38:33,573
There's a famous scene
on a Ferris wheel.
847
00:38:34,612 --> 00:38:35,738
I remember that scene.
848
00:38:35,814 --> 00:38:39,273
Orson Welles goes for a ride on
a Ferris wheel with his friend,
849
00:38:39,350 --> 00:38:41,785
and it stops when
they get to the top.
850
00:38:42,754 --> 00:38:46,486
And his friend, who's played
by Joseph Cotten, asks, "Why?
851
00:38:48,893 --> 00:38:50,759
"Why did you do this?"
852
00:38:51,796 --> 00:38:54,561
Orson Welles says,
"For the money."
853
00:38:57,368 --> 00:38:59,666
Joseph Cotten
is horrified.
854
00:38:59,737 --> 00:39:03,196
"Have you no conscience? How
do you live with yourself?"
855
00:39:03,975 --> 00:39:09,038
Orson Welles points to the
people on the ground far below,
856
00:39:09,714 --> 00:39:15,551
and the people on the ground are very
small walking around in the square.
857
00:39:15,954 --> 00:39:19,049
And Welles says, "Would
you really feel anything
858
00:39:20,191 --> 00:39:24,753
"if one of those dots down there
suddenly stopped moving?"
859
00:39:25,430 --> 00:39:30,197
What was your expectation when
you labeled your saline solution
860
00:39:30,268 --> 00:39:35,399
as flu vaccine and then sold it
in bulk to people like Sklar?
861
00:39:38,276 --> 00:39:40,802
That they'd sell
it to someone else.
862
00:39:42,046 --> 00:39:45,016
And it would eventually
be used as vaccine?
863
00:39:48,186 --> 00:39:49,984
Sure.
Eventually.
864
00:39:50,054 --> 00:39:53,649
And you couldn't foresee the
risk to those patients?
865
00:39:55,026 --> 00:39:57,552
They were just dots
to you, weren't they?
866
00:39:57,962 --> 00:40:00,192
Far away, insignificant.
867
00:40:00,265 --> 00:40:01,255
Objection.
868
00:40:01,332 --> 00:40:04,597
And if they suddenly stopped
moving, who would care?
869
00:40:05,336 --> 00:40:06,326
Not you.
870
00:40:06,404 --> 00:40:08,168
POLLACK: Your Honor?
871
00:40:08,473 --> 00:40:10,567
JUDGE: All right,
Mr. McCoy.
872
00:40:11,175 --> 00:40:13,075
You've made your point.
873
00:40:21,686 --> 00:40:23,780
Nothing further,
Your Honor.
874
00:40:40,305 --> 00:40:42,273
JUDGE: On the first count
of the indictment,
875
00:40:42,340 --> 00:40:44,570
manslaughter in
the second degree,
876
00:40:44,642 --> 00:40:47,168
how do you find the
defendant, Elliot Peters?
877
00:40:47,245 --> 00:40:49,043
We find the
defendant guilty.
878
00:40:49,781 --> 00:40:51,510
On the second count
of the indictment,
879
00:40:51,582 --> 00:40:53,243
manslaughter in
the second degree,
880
00:40:53,318 --> 00:40:55,753
how do you find the
defendant, Elliot Peters?
881
00:40:55,820 --> 00:40:58,221
FOREMAN: We find
the defendant guilty.
882
00:40:58,656 --> 00:41:00,385
On the third count
of the indictment,
883
00:41:00,458 --> 00:41:02,358
manslaughter in
the second degree...
884
00:41:03,428 --> 00:41:04,793
The Third Man?
885
00:41:04,862 --> 00:41:06,387
Spur of the moment.
886
00:41:06,464 --> 00:41:08,523
That Ferris wheel scene
just popped into my head.
887
00:41:08,599 --> 00:41:09,964
Pretty effective cross.
888
00:41:10,034 --> 00:41:12,366
You really painted
the picture for the jury.
889
00:41:12,437 --> 00:41:15,168
He's a cold-blooded,
callous creep.
890
00:41:15,239 --> 00:41:17,833
Fifteen years is not nearly
enough for what he did.
891
00:41:17,909 --> 00:41:19,570
Fifteen years times 16.
892
00:41:19,644 --> 00:41:21,373
I'm going for
consecutive sentences.
893
00:41:21,980 --> 00:41:24,176
Fifteen times 16?
That's what?
894
00:41:24,615 --> 00:41:26,049
Two hundred and forty.
895
00:41:26,117 --> 00:41:27,642
You think
the judge will buy it?
896
00:41:27,719 --> 00:41:30,916
If I'm persuasive enough
at the hearing next week.
897
00:41:35,827 --> 00:41:37,886
Your Honor, the People
are asking this court
898
00:41:37,962 --> 00:41:42,297
to impose 16 consecutive
sentences on this defendant.
899
00:41:42,367 --> 00:41:45,632
Your Honor, that's
a possible 240 years.
900
00:41:45,703 --> 00:41:47,193
Mr. Pollack's
math is correct.
901
00:41:47,271 --> 00:41:49,831
That's outrageous. For
selling saline solution?
902
00:41:49,907 --> 00:41:51,773
For causing 16 deaths.
903
00:41:52,210 --> 00:41:53,234
That's outrageous.
904
00:41:53,444 --> 00:41:55,378
Your Honor,
under the Penal Law,
905
00:41:55,446 --> 00:41:57,847
a sentence imposed
for two or more offenses
906
00:41:57,915 --> 00:42:01,180
committed through a single
act must run concurrently.
907
00:42:01,252 --> 00:42:03,778
Consecutive sentences
are permissible
908
00:42:03,855 --> 00:42:06,222
where the People demonstrate
that the offenses
909
00:42:06,290 --> 00:42:08,884
are based on separate
and distinct acts.
910
00:42:08,960 --> 00:42:10,689
As this court
is well aware,
911
00:42:10,762 --> 00:42:14,858
Mr. Peters made multiple
sales of his phony vaccine
912
00:42:15,400 --> 00:42:17,095
to various purchasers.
913
00:42:17,168 --> 00:42:20,468
Each sale was a distinct
and separate act.
914
00:42:20,538 --> 00:42:23,906
Each sale was part of one
large illegal scheme.
915
00:42:23,975 --> 00:42:26,205
Consecutive sentences
are wholly improper.
916
00:42:27,111 --> 00:42:29,136
What I find
wholly improper
917
00:42:30,515 --> 00:42:32,711
is your client
killing 16 people
918
00:42:32,784 --> 00:42:35,048
and getting out in
as little as 15 years.
919
00:42:35,119 --> 00:42:36,143
Your Honor...
920
00:42:36,220 --> 00:42:37,984
Enough, Mr. Pollack.
921
00:42:39,991 --> 00:42:41,220
Elliot Peters,
922
00:42:45,096 --> 00:42:49,499
you are hereby sentenced to 15 years
for each of the following convictions,
923
00:42:49,567 --> 00:42:52,002
the sentences to
run consecutively.
924
00:42:52,737 --> 00:42:55,832
Manslaughter in the second
degree, Brad Tobolsky.
925
00:42:56,407 --> 00:42:59,468
Manslaughter in the second
degree, Duane Rader.
926
00:42:59,544 --> 00:43:02,809
Manslaughter in the second
degree, Patrick Fitzhugh.
927
00:43:02,880 --> 00:43:06,009
Manslaughter in the second
degree, Lisa Bader.
928
00:43:06,084 --> 00:43:09,748
Manslaughter in the second
degree, Caroline Anderson.
929
00:43:09,821 --> 00:43:11,880
Manslaughter in
the second degree...
930
00:43:16,794 --> 00:43:19,161
Thank you for keeping
my promise for me.
931
00:43:19,230 --> 00:43:20,755
You're welcome.
932
00:43:21,365 --> 00:43:23,026
Don't do it again.