1 00:00:01,006 --> 00:00:02,713 NARRATOR: In the criminal justice system 2 00:00:02,775 --> 00:00:06,621 the people are represented by two separate yet equally important groups, 3 00:00:06,679 --> 00:00:08,556 the police who investigate crime 4 00:00:08,614 --> 00:00:11,424 and the district attorneys who prosecute the offenders. 5 00:00:11,483 --> 00:00:13,190 These are their stories. 6 00:00:13,986 --> 00:00:15,021 (JOANNE LAUGHING) 7 00:00:15,087 --> 00:00:16,191 KEVIN: Time. 8 00:00:16,255 --> 00:00:20,294 No, no, no, no. The next time your college friends come to visit, I'm sick. 9 00:00:20,392 --> 00:00:21,837 They used to be very interesting. 10 00:00:21,894 --> 00:00:22,929 So was Donovan. 11 00:00:22,995 --> 00:00:24,975 Good morning, how are you? Great. 12 00:00:25,030 --> 00:00:26,237 What time is it? 13 00:00:26,299 --> 00:00:27,710 10:15. 14 00:00:27,767 --> 00:00:29,747 No, no, no, no, no, it's 10:18. 15 00:00:29,803 --> 00:00:31,077 Fine. 10:18. 16 00:00:31,137 --> 00:00:32,673 (GASPS) What time... 17 00:00:32,739 --> 00:00:34,878 Get your hands off me! Michael! 18 00:00:35,842 --> 00:00:37,287 (SIREN WAILING) 19 00:00:39,279 --> 00:00:43,159 KEVIN: Time, time, time... 20 00:00:43,216 --> 00:00:45,662 You having a problem here? Yeah, there's something wrong with him. 21 00:00:45,719 --> 00:00:47,630 He tried to steal my husband's watch. 22 00:00:47,687 --> 00:00:50,531 KEVIN: Time... Hey, pally, how you doing today, huh? 23 00:00:50,590 --> 00:00:52,194 What time? Time. 24 00:00:52,792 --> 00:00:54,635 Time for you to take a ride. 25 00:00:55,028 --> 00:00:58,339 The time. Time. Time... 26 00:00:58,398 --> 00:00:59,934 (PHONE RINGING) 27 00:01:00,300 --> 00:01:01,938 (PEOPLE CHATTERING) 28 00:01:03,636 --> 00:01:06,082 Hey, you going to Hanratty's later? Got a date. 29 00:01:06,139 --> 00:01:07,914 At midnight? You call that a date, Lennie? 30 00:01:07,974 --> 00:01:10,386 The later it gets, the better they look. 31 00:01:10,543 --> 00:01:12,022 KEVIN: Time. Have a seat. 32 00:01:18,119 --> 00:01:21,657 Hey, what's with that kid? 33 00:01:22,223 --> 00:01:25,796 A John Doe pipehead, attempted theft of somebody else's marbles. 34 00:01:25,860 --> 00:01:28,033 He's waiting on a limo to Bellevue. 35 00:01:28,963 --> 00:01:30,874 Hey, you leaving me with him? 36 00:01:31,265 --> 00:01:32,300 (MOANING) 37 00:01:32,366 --> 00:01:33,401 (BANGING) 38 00:01:33,467 --> 00:01:35,970 Whoa, whoa, whoa, kid, cut it out. 39 00:01:36,137 --> 00:01:37,673 (GRUNTING) 40 00:01:38,405 --> 00:01:40,112 Lennie, hold my piece. 41 00:01:43,377 --> 00:01:45,220 You, be cool. I'm cool. 42 00:01:45,279 --> 00:01:47,020 Hey, hey! Hey! 43 00:01:47,081 --> 00:01:48,389 (GRUNTS) Whoa! 44 00:01:49,617 --> 00:01:52,530 LOGAN: Hey! Somebody help me here, man! 45 00:01:52,787 --> 00:01:54,391 (KEVIN GRUNTING) 46 00:01:54,622 --> 00:01:56,033 LOGAN: I got it. I got it. 47 00:02:05,733 --> 00:02:06,871 What? 48 00:02:07,001 --> 00:02:09,778 I don't know, Mike. I think the kid's dead. 49 00:03:08,965 --> 00:03:10,808 Do I need a union rep or... 50 00:03:14,270 --> 00:03:16,375 You can have one if you want one. 51 00:03:17,540 --> 00:03:20,146 Yeah, and I can touch my knee with my elbow if I want to, 52 00:03:20,209 --> 00:03:22,120 but that's not what I'm asking. 53 00:03:22,178 --> 00:03:24,749 Attitude's not gonna help anyone, Detective. 54 00:03:25,181 --> 00:03:29,687 We need to know what happened to that kid before his family shows up waving lawyers. 55 00:03:30,553 --> 00:03:34,865 The kid was stoned, and he went crazy, and I had to restrain him. 56 00:03:35,391 --> 00:03:37,200 Did you use a choke hold? 57 00:03:37,260 --> 00:03:38,398 No way. 58 00:03:38,961 --> 00:03:40,133 Well, how'd you hold him, then? 59 00:03:40,196 --> 00:03:41,470 I don't know, around the chest. 60 00:03:41,530 --> 00:03:43,840 Things were moving very fast. I did what I had to do. 61 00:03:43,900 --> 00:03:46,039 Did you see anyone else touch him? 62 00:03:46,636 --> 00:03:47,637 No. 63 00:03:49,038 --> 00:03:51,279 He was hitting himself in the head, okay? 64 00:03:51,340 --> 00:03:53,446 Hard enough to kill himself? 65 00:03:59,216 --> 00:04:03,096 It's a fair question. I've seen the way you get a suspect's attention. 66 00:04:03,153 --> 00:04:05,724 Now, wait a second, Lennie was right there. He saw the whole thing. 67 00:04:05,856 --> 00:04:09,303 This so-called kid was beyond strong. I was just trying to hold onto him. 68 00:04:09,359 --> 00:04:11,771 The next second he's dead. You try to make sense out of that. 69 00:04:11,828 --> 00:04:15,207 Made sense to IAD. They're dusting off the hot seat for him. 70 00:04:15,265 --> 00:04:16,903 Well, I'm keeping an open mind. 71 00:04:16,967 --> 00:04:18,241 You're keeping an open mind? 72 00:04:18,302 --> 00:04:20,509 Then how come you got me driving a desk for the next couple of days? 73 00:04:20,570 --> 00:04:23,915 I took you off rotation until it plays out. End of story. 74 00:04:26,576 --> 00:04:28,112 Don't sweat it, Mike. 75 00:04:33,083 --> 00:04:35,654 John Doe died from a cerebral thrombosis. 76 00:04:36,820 --> 00:04:39,198 A blood clot broke. He stroked out. 77 00:04:39,256 --> 00:04:40,963 People die of strokes in their sleep. 78 00:04:41,024 --> 00:04:44,301 They don't get blood clots like this without a little help. 79 00:04:44,962 --> 00:04:48,775 There's evidence of repeated trauma to the left carotid artery 80 00:04:48,833 --> 00:04:50,039 here on the neck. 81 00:04:50,101 --> 00:04:53,412 Repeated, as in over a period of time? Correct. 82 00:04:53,938 --> 00:04:56,817 This boy was damaged goods long before the PD got a hold of him. 83 00:04:56,874 --> 00:04:58,911 There's bruises all over his body, some a day old, 84 00:04:58,977 --> 00:05:01,651 some have been there a week or more. Look at this. 85 00:05:01,713 --> 00:05:05,126 These calluses on the wrists and ankles. Kid's been tied down. 86 00:05:06,184 --> 00:05:09,188 Somebody's been using him for entertainment purposes? 87 00:05:09,921 --> 00:05:12,401 There's no evidence of sexual trauma. 88 00:05:13,358 --> 00:05:16,202 I'll give him a closer look before I send up the final report. 89 00:05:16,260 --> 00:05:18,638 Well, sounds like Mike can climb off the hook. 90 00:05:18,696 --> 00:05:22,007 Yeah, maybe we can find somebody else to hang there instead. 91 00:05:25,103 --> 00:05:26,912 Hey. What's the good word? 92 00:05:27,271 --> 00:05:29,308 IAD finally got it straightened out. 93 00:05:29,374 --> 00:05:32,321 Yeah, it was a blood-clot thing. The kid came up negative for drugs. 94 00:05:32,377 --> 00:05:34,152 No kidding? What was his problem? 95 00:05:34,212 --> 00:05:36,784 I don't know. There was too much sugar in his diet? 96 00:05:36,849 --> 00:05:38,157 His prints came up negative. 97 00:05:38,217 --> 00:05:40,663 All we know about him was he had a thing about watches. 98 00:05:40,719 --> 00:05:42,426 Is this his stuff? Yeah. 99 00:05:45,257 --> 00:05:46,736 Watch out for lice. 100 00:05:49,495 --> 00:05:51,099 (COINS CLINKING) 101 00:05:51,397 --> 00:05:54,139 No lice. Lots of lint. Kid was traveling light. 102 00:05:54,767 --> 00:05:58,442 Yeah, lint here, too. Couple of Raisinets. Couple of pennies. 103 00:06:01,774 --> 00:06:06,052 From the Midtown Cinema. Last night. 104 00:06:08,414 --> 00:06:10,018 Doesn't look too good. 105 00:06:10,416 --> 00:06:13,556 He wasn't feeling too well when we took the picture. Did you see him last night? 106 00:06:13,619 --> 00:06:17,294 Oh, yeah, ticket costs $3. He paid in 300 pennies. 107 00:06:17,890 --> 00:06:19,528 What're you after him for, robbing a piggy bank? 108 00:06:19,591 --> 00:06:23,038 Actually, he's dead, and we're trying to find out who killed him. 109 00:06:23,095 --> 00:06:26,599 Killed? He was alive when he left here, kicking and screaming. 110 00:06:26,665 --> 00:06:27,837 What time would that be? 111 00:06:27,900 --> 00:06:30,745 Movie started at 10:00. He was out of here by 10:10. 112 00:06:30,804 --> 00:06:32,613 Got out of his seat, walked into the screen. 113 00:06:32,672 --> 00:06:33,912 Must have been some movie. 114 00:06:33,973 --> 00:06:35,884 Stinks. Kid was a wacko. 115 00:06:36,009 --> 00:06:38,387 We threw him out. How hard did you throw him? 116 00:06:38,445 --> 00:06:42,052 We never laid a hand on him. He saw us coming. He ran out the back. 117 00:06:42,115 --> 00:06:43,958 He left his coat behind. You want it? 118 00:06:44,017 --> 00:06:45,189 Yeah, sure. 119 00:06:47,887 --> 00:06:49,662 (PROJECTOR WHIRRING) 120 00:06:52,592 --> 00:06:53,764 There you go. 121 00:06:54,861 --> 00:06:56,772 Coat looks new. Mmm-hmm. 122 00:07:02,335 --> 00:07:04,008 Amtrak schedule, 123 00:07:05,305 --> 00:07:07,808 Greyhound schedule, Staten Island ferry schedule. 124 00:07:07,874 --> 00:07:09,876 You starting to see a pattern here? 125 00:07:09,943 --> 00:07:13,322 Weird kid. Showered, shaved, clean clothes. 126 00:07:14,080 --> 00:07:16,560 Yeah, not your run-of-the-mill street wacko. 127 00:07:16,616 --> 00:07:19,028 It looks like somebody was taking care of him. 128 00:07:19,085 --> 00:07:21,657 Yeah, maybe somebody filed a missing persons. 129 00:07:25,392 --> 00:07:29,272 We called the police this morning, soon as the clinic told us that Kevin ran away. 130 00:07:29,330 --> 00:07:30,934 He's done this before. 131 00:07:31,232 --> 00:07:34,577 Things were getting better for him. It's been so hard. 132 00:07:34,635 --> 00:07:37,115 Better for him? What was wrong with him? 133 00:07:37,438 --> 00:07:38,917 Kevin was autistic. 134 00:07:40,141 --> 00:07:42,621 He didn't speak at all till he was eight. 135 00:07:43,911 --> 00:07:46,482 How long will he have to stay in that morgue? 136 00:07:47,214 --> 00:07:51,492 Just a day or two, Mrs. Jeffries, until we can start the investigation. 137 00:07:52,153 --> 00:07:53,632 What investigation? 138 00:07:54,788 --> 00:07:55,823 (SIGHS) 139 00:07:55,890 --> 00:07:58,803 Your son had bruises all over him, Mr. Jeffries, 140 00:07:58,859 --> 00:08:03,399 and an injury to his neck that caused a blood clot. That's what he died from. 141 00:08:06,200 --> 00:08:07,611 Somebody beat him up? 142 00:08:07,668 --> 00:08:09,875 That's what we're trying to find out. 143 00:08:09,937 --> 00:08:11,814 You said he was living at a clinic? 144 00:08:11,872 --> 00:08:15,184 The Behavioral Control Clinic for the last three years. 145 00:08:15,243 --> 00:08:18,190 LOGAN: I bet he kept running away from there. 146 00:08:18,280 --> 00:08:20,351 Well, there's something you don't understand here. 147 00:08:20,415 --> 00:08:25,228 You see, when Kevin was 10, he started to hurt himself. 148 00:08:25,287 --> 00:08:30,635 He would bite himself. He would bang his head into walls. He... 149 00:08:32,994 --> 00:08:36,532 It would go in cycles. Every six months, then more often. 150 00:08:37,265 --> 00:08:40,508 By the time he was 13, it would last for weeks. 151 00:08:41,069 --> 00:08:45,040 We didn't know what to do. It's been hard on all of us. 152 00:08:46,374 --> 00:08:49,355 We couldn't keep Kevin here. We had to send him away. 153 00:08:49,411 --> 00:08:51,550 GEORGE: Two institutions sent him back to us. 154 00:08:51,613 --> 00:08:54,651 Well, just what was the behavioral clinic doing for him? 155 00:08:54,716 --> 00:08:57,822 They helped him to stop him from hurting himself. 156 00:08:57,886 --> 00:09:00,162 ELEANOR: Dr. Colter. He runs the clinic. 157 00:09:01,122 --> 00:09:04,002 Thanks to him, Kevin was learning to draw. 158 00:09:10,433 --> 00:09:12,970 We noticed he was missing yesterday morning. 159 00:09:13,402 --> 00:09:15,507 We thought he might've gone home. 160 00:09:16,138 --> 00:09:18,778 That's why we called his parents first. 161 00:09:18,908 --> 00:09:21,149 So, what did he do? He just walked out? 162 00:09:21,210 --> 00:09:24,191 Pretty much. He went out a fire exit. 163 00:09:24,247 --> 00:09:26,158 We'd like to talk to his roommate. 164 00:09:26,215 --> 00:09:27,717 David Vilardi. 165 00:09:28,284 --> 00:09:31,265 He's non-verbal. Anyway, he slept through it. 166 00:09:31,954 --> 00:09:35,163 What's this for, Dr. Colter? It's all covered with cracks. 167 00:09:35,925 --> 00:09:40,340 Kevin wore that when he became self-injurious, hitting himself. 168 00:09:41,130 --> 00:09:43,770 It's pretty common with some autistic children. 169 00:09:44,500 --> 00:09:47,777 DR. COLTER: It's frustration because of their inability to communicate. 170 00:09:48,537 --> 00:09:51,848 That's why Kevin was here. So we could modify that behavior. 171 00:09:52,675 --> 00:09:53,710 Modify? 172 00:09:54,644 --> 00:09:57,148 Well, no disrespect to you, Doctor, but the way that sounds, 173 00:09:57,214 --> 00:09:59,524 it's making my skin crawl. 174 00:09:59,950 --> 00:10:02,157 There's nothing sinister about it. 175 00:10:02,219 --> 00:10:04,199 Granted, sometimes we have to restrain the child 176 00:10:04,254 --> 00:10:06,325 until the self-injurious cycle passes. 177 00:10:06,390 --> 00:10:08,529 Did Kevin get restrained a lot lately? 178 00:10:08,592 --> 00:10:10,299 Not as often as before. 179 00:10:10,360 --> 00:10:11,395 Oh. 180 00:10:12,229 --> 00:10:15,142 Well, maybe you can explain this to me. 181 00:10:16,533 --> 00:10:19,309 This is what Kevin looked like when we found him. 182 00:10:19,403 --> 00:10:22,384 You see those bruises and the marks on his neck? 183 00:10:22,973 --> 00:10:26,386 Well, you're a doctor. Maybe you can tell me how they got there. 184 00:10:27,144 --> 00:10:29,681 Like I said, Kevin was self-injurious. 185 00:10:31,048 --> 00:10:34,996 ALONSO: We put them in a chair or on their stomach on a padded board, right here. 186 00:10:35,052 --> 00:10:36,861 Put it down. Put it down. 187 00:10:38,288 --> 00:10:40,700 Then we hold them there using soft cuffs. 188 00:10:40,757 --> 00:10:43,567 Well, we found calluses on his wrists and ankles. 189 00:10:43,627 --> 00:10:46,801 Well, that's how we strap them in, plus across the chest. 190 00:10:46,930 --> 00:10:48,069 It's for their own protection. 191 00:10:48,132 --> 00:10:49,634 What about the neck? 192 00:10:49,701 --> 00:10:51,738 You got to be kidding me. No. 193 00:10:52,804 --> 00:10:57,275 Well, if he had calluses, he must have been strapped in for quite a while. 194 00:10:57,342 --> 00:10:59,288 He was in a bad cycle the past week. 195 00:10:59,344 --> 00:11:02,188 We put him in restraints about four hours every day. 196 00:11:02,347 --> 00:11:05,954 The day he ran away, he was on the board till about 6:00. 197 00:11:06,050 --> 00:11:07,188 Then he was fine. 198 00:11:07,251 --> 00:11:08,958 Did he mind being strapped in? 199 00:11:09,053 --> 00:11:13,297 Well, he minded. Way it works is we get four people to grab his legs and arms, 200 00:11:13,658 --> 00:11:14,796 and we lay him out. 201 00:11:14,859 --> 00:11:15,997 (CHILDREN MUMBLING) 202 00:11:16,060 --> 00:11:20,406 So, if he throws a punch, maybe one of you thinks you have to throw a couple back. 203 00:11:20,665 --> 00:11:23,544 Kevin didn't need anybody's help to injure himself. 204 00:11:23,901 --> 00:11:27,144 You want to see what a good day is for some of these kids? 205 00:11:33,311 --> 00:11:35,154 (GRUNTING) 206 00:11:37,448 --> 00:11:39,759 Bad days, they don't stop. 207 00:11:43,989 --> 00:11:46,993 It's a tough call. Kevin Jeffries could've done it all to himself. 208 00:11:47,059 --> 00:11:50,632 He punched himself in the carotid artery till he got a blood clot? 209 00:11:50,696 --> 00:11:53,973 Hey, he threw himself against walls. He bounced off the ceiling. 210 00:11:54,033 --> 00:11:55,671 I mean, it all could've been self-inflicted. 211 00:11:55,734 --> 00:11:58,715 Then, how do we explain this? The ME's final report. 212 00:11:58,771 --> 00:12:01,217 She found circular wounds and muscle damage 213 00:12:01,240 --> 00:12:03,083 consistent with electric shocks. 214 00:12:03,142 --> 00:12:05,520 How many people electrocute themselves? 215 00:12:11,884 --> 00:12:15,263 I'm very proud of what we do here and how we do it. 216 00:12:15,454 --> 00:12:18,663 We believe in rewards, positive reinforcement. 217 00:12:19,291 --> 00:12:23,171 But if they get out of line, someone zaps them with a few volts, right? 218 00:12:23,762 --> 00:12:27,801 Our medical examiner found evidence that Kevin Jeffries was getting electric shocks. 219 00:12:27,866 --> 00:12:30,904 Yes. It's part of the overall aversion therapy program. 220 00:12:30,969 --> 00:12:33,416 Aversion? What happened to the carrot? 221 00:12:33,573 --> 00:12:37,749 All we do is use mild punishment to stop the self-injurious behavior. 222 00:12:38,078 --> 00:12:41,355 Rewards for good behavior, mild punishment for bad. 223 00:12:41,748 --> 00:12:44,752 Usually we spray their mouths with pepper juice, or pinch them. 224 00:12:44,818 --> 00:12:46,820 What about the electric shocks? 225 00:12:47,620 --> 00:12:50,328 That's only for the tough cases. I'll show you. 226 00:12:52,292 --> 00:12:56,104 Most clinics who work with autistic children use drugs to sedate their patients. 227 00:12:56,162 --> 00:12:57,903 I don't believe in drugs. 228 00:12:58,531 --> 00:13:00,010 We substitute this. 229 00:13:01,234 --> 00:13:04,078 We apply this to the patient's arm or leg. 230 00:13:04,137 --> 00:13:06,447 It's controlled by this device. 231 00:13:06,506 --> 00:13:10,352 If the child starts to harm himself, we give him a small shock. 232 00:13:11,177 --> 00:13:13,020 I'd be happy to demonstrate. 233 00:13:13,179 --> 00:13:15,455 Yeah, try it on me. That's fine. 234 00:13:16,783 --> 00:13:18,490 Roll up your sleeve, please. 235 00:13:18,551 --> 00:13:20,360 This ought to be fun. 236 00:13:22,455 --> 00:13:25,232 Right there. Ready? 237 00:13:25,826 --> 00:13:26,861 (ELECTRICITY BUZZING) 238 00:13:26,927 --> 00:13:27,962 Ow! 239 00:13:29,363 --> 00:13:31,343 That's all there is to it. That's all? 240 00:13:31,398 --> 00:13:34,242 I'd rather get my teeth drilled. You call that therapy? 241 00:13:34,301 --> 00:13:36,679 Yes. So does the State of New York. 242 00:13:37,171 --> 00:13:38,411 (SCOFFS) 243 00:13:43,410 --> 00:13:46,220 Dr. Colter's aversion therapy isn't revolutionary. 244 00:13:46,881 --> 00:13:49,521 A lot of programs are based on behavior modification. 245 00:13:49,583 --> 00:13:51,028 They use electrodes, too? 246 00:13:51,085 --> 00:13:52,655 No. Just Dr. Colter. 247 00:13:52,853 --> 00:13:55,026 He's the only one who takes the tough cases. 248 00:13:55,089 --> 00:13:57,035 The kids other institutions don't want. 249 00:13:57,091 --> 00:14:00,334 You actually believe his zap therapy works? 250 00:14:00,527 --> 00:14:02,734 If we didn't, we wouldn't be subsidizing him. 251 00:14:02,796 --> 00:14:07,575 $175,000 a year per patient. Currently he has 83 patients. 252 00:14:07,635 --> 00:14:09,308 That makes for a fat bottom line. 253 00:14:09,370 --> 00:14:12,351 When's the last time somebody checked to see what he does with the money? 254 00:14:12,406 --> 00:14:13,908 We do periodic reviews. 255 00:14:13,974 --> 00:14:15,784 LOGAN: What about the zappers? Do you review them? 256 00:14:15,844 --> 00:14:20,224 Yes. Dr. Colter's applied four times in the past six years 257 00:14:20,282 --> 00:14:22,262 to increase the voltage on the devices. 258 00:14:22,317 --> 00:14:25,457 Apparently the patients were becoming immune to the shocks. 259 00:14:25,520 --> 00:14:27,431 Well, that tells me it wasn't working. 260 00:14:27,489 --> 00:14:31,232 Our board of reviewers checked the patients' files. They saw progress. 261 00:14:31,960 --> 00:14:34,497 Look, we monitor this therapy very closely. 262 00:14:34,729 --> 00:14:38,074 It's approved on a case-by-case basis and only with the parents' consent. 263 00:14:38,133 --> 00:14:39,441 I can't imagine any parents 264 00:14:39,501 --> 00:14:42,482 letting their kid get electrical shocks all over his body. 265 00:14:42,537 --> 00:14:45,882 The electrodes can only be used on the forearm or the thigh. Nowhere else. 266 00:14:45,941 --> 00:14:49,787 And no more than four shocks can be administered during a one-hour period. 267 00:14:49,844 --> 00:14:52,450 Well, then, we have a problem because according to our ME, 268 00:14:52,514 --> 00:14:56,587 Kevin Jeffries had shock marks all over his chest and all over his back. 269 00:14:59,521 --> 00:15:03,799 Of course we knew about the punishments. That's why we sent Kevin to Dr. Colter. 270 00:15:04,125 --> 00:15:07,232 We didn't want him doped up and warehoused in some hospital. 271 00:15:07,296 --> 00:15:10,675 Yeah, well, did Colter tell you about these electric shocks? 272 00:15:10,833 --> 00:15:13,677 Yes. I don't see what the problem is here. 273 00:15:13,736 --> 00:15:15,841 I thought Kevin's injuries were self-inflicted. 274 00:15:16,105 --> 00:15:20,281 We checked with the State agency. Dr. Colter was using electrodes on your son 275 00:15:20,343 --> 00:15:22,345 in ways that he wasn't supposed to. 276 00:15:22,411 --> 00:15:25,585 There's got to be a mistake. He told us Kevin was almost cured. 277 00:15:25,648 --> 00:15:28,424 He said he was hardly using the electrodes anymore. 278 00:15:28,484 --> 00:15:31,294 Well, that's not the way it looks, Mr. Jeffries. 279 00:15:32,021 --> 00:15:36,367 Quite a cure. That kid was still trying to punch himself when he died in my arms. 280 00:15:36,525 --> 00:15:40,268 Well, the ME said the boy was bruised and the shock marks were recent. 281 00:15:40,329 --> 00:15:43,208 Doesn't exactly jibe with Dr. Colter's bill of goods. 282 00:15:43,265 --> 00:15:45,905 I'll tell you what it jibes with. Abuse. 283 00:15:45,968 --> 00:15:48,972 The kid was being tortured with a couple of AA batteries. 284 00:15:49,038 --> 00:15:50,176 For what, thrills? 285 00:15:50,239 --> 00:15:52,776 What about those $175,000 subsidies? 286 00:15:52,842 --> 00:15:55,516 I, for one, think Colter was conning the State 287 00:15:55,578 --> 00:15:57,649 into thinking his clinic was helping those kids. 288 00:15:57,713 --> 00:15:59,751 Do we know for a fact it wasn't? 289 00:16:02,953 --> 00:16:06,298 If you thought your kid was being abused, what would you do? 290 00:16:06,423 --> 00:16:08,699 This is America. I'd sue the bastard. 291 00:16:09,259 --> 00:16:10,670 Maybe someone did. 292 00:16:14,998 --> 00:16:17,478 Cathy now attends the Lynchburg Institute. 293 00:16:17,634 --> 00:16:20,410 It's only an hour's drive, so we can see her every weekend. 294 00:16:20,470 --> 00:16:22,245 She's a beautiful girl, Mrs. Davidson. 295 00:16:22,306 --> 00:16:24,411 She'll be 14 next week. 296 00:16:25,208 --> 00:16:27,586 We're having a party here at the house. 297 00:16:28,445 --> 00:16:32,518 The progress she's made at Lynchburg is nothing short of a miracle. 298 00:16:33,016 --> 00:16:34,927 Well, do they know something that Colter doesn't? 299 00:16:34,985 --> 00:16:36,396 Oh, and then some. 300 00:16:36,520 --> 00:16:41,230 At the behavioral clinic, they sprayed her with pepper juice. They used electrodes. 301 00:16:41,725 --> 00:16:44,865 But at Lynchburg, they're given positive reinforcement. 302 00:16:44,928 --> 00:16:47,204 They're taught relaxation techniques. 303 00:16:47,431 --> 00:16:50,208 Did Colter have your consent to use electrodes? 304 00:16:50,702 --> 00:16:54,673 Yes, he did. He gave us a demonstration. It seemed harmless. 305 00:16:55,773 --> 00:16:59,311 You have got to understand that my husband and I were desperate. 306 00:17:00,044 --> 00:17:01,546 Well, why did you sue him? 307 00:17:01,612 --> 00:17:03,853 Because there is a line, and Colter crossed it 308 00:17:03,915 --> 00:17:06,521 when he put Cathy in that medieval torture helmet. 309 00:17:06,918 --> 00:17:10,957 A helmet? Well, we saw kids with hockey helmets to protect their heads. 310 00:17:11,155 --> 00:17:14,295 No, there's another one. They call it the buzzbox. 311 00:17:15,860 --> 00:17:18,466 SERENA: It works on sensory deprivation. 312 00:17:21,833 --> 00:17:24,177 The child can't see anything. 313 00:17:25,136 --> 00:17:28,276 There's a buzzer inside the box that makes a white noise, 314 00:17:28,339 --> 00:17:30,910 and so the child can't hear anything. 315 00:17:30,975 --> 00:17:32,477 It's supposed to calm them down. 316 00:17:32,543 --> 00:17:35,786 He kept Cathy in this helmet for three straight days. 317 00:17:36,647 --> 00:17:39,457 She had bruises on her neck right here. 318 00:17:41,787 --> 00:17:43,357 She passed out while she was wearing it. 319 00:17:43,422 --> 00:17:46,528 We only found out because Cathy happened to tell us. 320 00:17:47,159 --> 00:17:48,797 That's when we sued. 321 00:17:48,861 --> 00:17:51,364 Let me guess. Colter made a quick settlement? 322 00:17:51,430 --> 00:17:54,900 No, he settled, all right, as soon as we proved that this helmet 323 00:17:54,967 --> 00:17:58,005 cut off the blood supply to our daughter's brain. 324 00:17:58,070 --> 00:17:59,174 Is he still using that? 325 00:17:59,238 --> 00:18:01,218 No, we made sure that he wouldn't. 326 00:18:01,273 --> 00:18:03,981 We got the State to ban the use of this helmet. 327 00:18:04,810 --> 00:18:06,585 Nice piece of equipment. 328 00:18:06,812 --> 00:18:09,122 Something out of the Marquis de Sade's catalogue? 329 00:18:09,181 --> 00:18:11,889 Apparently Dr. Colter cooked this one up in his lab. 330 00:18:11,950 --> 00:18:14,988 Could it have caused the blood clot on Kevin Jeffries? 331 00:18:15,154 --> 00:18:18,135 Well, the helmet comes almost all the way down the neck. 332 00:18:18,190 --> 00:18:20,329 The repetitive carotid damage occurred here, 333 00:18:20,392 --> 00:18:22,133 five centimeters below the left ear. 334 00:18:22,194 --> 00:18:24,765 Same place the Davidson girl had the bruises. 335 00:18:24,963 --> 00:18:26,874 So it's possible that could've killed him? 336 00:18:26,932 --> 00:18:29,435 Yes, I'd say it's the probable cause. 337 00:18:29,702 --> 00:18:32,444 Bring me the helmet, and I'll tell you for sure. 338 00:18:33,238 --> 00:18:34,513 (CAR HORN HONKING) 339 00:18:34,574 --> 00:18:36,986 (WOMAN CHATTERING ON POLICE RADIO) 340 00:18:37,110 --> 00:18:39,522 Come on. Lights on, nobody home? 341 00:18:39,746 --> 00:18:41,123 Here we go. 342 00:18:41,381 --> 00:18:42,587 What do you want? 343 00:18:42,682 --> 00:18:45,492 Office hours are 8:30 to 5:30. Come back tomorrow. 344 00:18:45,919 --> 00:18:49,332 Police! Warrant. Get it? Open up! 345 00:18:53,193 --> 00:18:55,230 Look, I'm not supposed to let anyone in or out. 346 00:18:55,295 --> 00:18:57,104 Dr. Colter's very strict about the rules. 347 00:18:57,163 --> 00:18:58,267 I bet. Where is he? 348 00:18:58,331 --> 00:19:00,743 He's not back in until 10:00 in the morning. 349 00:19:02,068 --> 00:19:03,570 Sorry. Go back to sleep. 350 00:19:03,636 --> 00:19:06,207 Look, if you tell me what you're looking for, maybe I can help you out. 351 00:19:06,272 --> 00:19:09,082 This is what we're looking for. They call it a buzzbox. 352 00:19:09,142 --> 00:19:10,951 We don't use those anymore. 353 00:19:13,313 --> 00:19:14,792 What's in here? 354 00:19:14,848 --> 00:19:16,293 It's a treatment room. 355 00:19:16,683 --> 00:19:18,560 Open it. Open it. 356 00:19:22,455 --> 00:19:24,264 (ELECTRICITY BUZZING) 357 00:19:25,726 --> 00:19:27,603 What the hell is this? Who are you? 358 00:19:27,661 --> 00:19:30,141 Shut up! Let's get him off of this thing. 359 00:19:32,500 --> 00:19:35,538 Detective Briscoe, we didn't find any buzzbox helmets. 360 00:19:35,603 --> 00:19:37,844 Oh, great. No helmets, no case. 361 00:19:37,972 --> 00:19:39,212 What about this? 362 00:19:39,306 --> 00:19:41,308 The kid's rigged up for electrocution. 363 00:19:41,375 --> 00:19:42,911 It's assault. Arrest him. 364 00:19:42,977 --> 00:19:44,786 What's your name? Joe Garvey. 365 00:19:44,845 --> 00:19:47,121 Joe Garvey, you're under arrest for assault. 366 00:19:47,181 --> 00:19:50,526 You have the right to remain silent. Anything you say, can and will be used 367 00:19:50,584 --> 00:19:53,064 against you in a court of law. You understand that? 368 00:19:53,120 --> 00:19:55,828 Come on. You have the right to an attorney... 369 00:19:58,159 --> 00:20:01,663 You've got the wrong idea, Mr. McCoy. Joe was just doing his job. 370 00:20:02,029 --> 00:20:03,838 "I was just following orders." 371 00:20:03,898 --> 00:20:05,741 Where have I heard that before? 372 00:20:05,800 --> 00:20:08,076 Joe's a comp lit major at NYU. 373 00:20:08,269 --> 00:20:11,250 Two weeks ago he takes a night job to pay some bills. 374 00:20:11,438 --> 00:20:14,715 The men in the white coats tell him what to do. He does it. 375 00:20:14,808 --> 00:20:17,517 I just want to be very clear here, Mr. Garvey. 376 00:20:18,413 --> 00:20:21,189 Was Dr. Colter aware of what was going on at the clinic at night? 377 00:20:21,249 --> 00:20:22,626 Oh, not so fast. 378 00:20:22,951 --> 00:20:26,125 Joe doesn't even have a parking ticket. I want to keep it that way. 379 00:20:26,188 --> 00:20:28,134 Let's hear what he has to say. 380 00:20:31,793 --> 00:20:34,672 Colter's the one who strapped him in before he left. 381 00:20:34,729 --> 00:20:37,005 He put the electrodes on the boy's chest and back? 382 00:20:37,065 --> 00:20:40,842 Yeah. He told me to shock him every 10 minutes. 383 00:20:42,437 --> 00:20:45,316 He told me it was all part of the aversion therapy. 384 00:20:46,841 --> 00:20:48,343 I didn't wanna hurt him. 385 00:20:48,410 --> 00:20:54,224 Did you ever put a helmet like this one on Kevin Jeffries or any of the other kids? 386 00:20:55,550 --> 00:20:59,020 No. No, I've never seen anything like it. 387 00:21:02,224 --> 00:21:03,862 Before I arrest Colter for assault, 388 00:21:03,925 --> 00:21:07,168 I need to know I'm not stepping onto a half-frozen lake. 389 00:21:08,263 --> 00:21:11,108 Can he legitimately claim what he's doing is therapy? 390 00:21:11,167 --> 00:21:12,578 Twenty years ago he could've. 391 00:21:12,635 --> 00:21:15,980 Aversion therapy was the hot new thing to treat alcoholics and drug addicts. 392 00:21:16,038 --> 00:21:18,575 But it's a quick fix. It doesn't really work. 393 00:21:18,641 --> 00:21:21,212 Well, apparently he's convinced the State that it does. 394 00:21:21,277 --> 00:21:24,349 That's because he can show them short-term improvements. 395 00:21:24,413 --> 00:21:27,485 The problem is the patients develop a tolerance for the pain, 396 00:21:27,550 --> 00:21:29,325 and the old behavior comes back. 397 00:21:29,385 --> 00:21:31,524 That's why he had to use more powerful electrodes. 398 00:21:31,587 --> 00:21:33,692 More pain to achieve the same results. 399 00:21:33,756 --> 00:21:35,758 Have you read his résumé? 400 00:21:36,025 --> 00:21:38,369 Degrees and kudos by the bucketful. 401 00:21:39,095 --> 00:21:41,939 Colter's post-doctoral thesis on aversion was called 402 00:21:41,998 --> 00:21:44,877 "a quantum leap in the treatment of autism." 403 00:21:44,934 --> 00:21:46,140 (SNICKERS) 404 00:21:46,202 --> 00:21:48,910 He has more than his pocketbook riding on this. 405 00:21:49,138 --> 00:21:51,880 A true believer. That just makes him more frightening. 406 00:21:51,941 --> 00:21:53,784 Have the police pick him up. 407 00:21:55,011 --> 00:22:00,792 Assault? Next you'll arrest my allergist for injecting me twice a month. 408 00:22:01,051 --> 00:22:04,396 If he put you in four-point restraints and shocked you every 10 minutes, 409 00:22:04,454 --> 00:22:05,558 I'd consider it. 410 00:22:05,622 --> 00:22:07,260 It's part of the therapy. 411 00:22:07,324 --> 00:22:08,826 It's all State sanctioned. 412 00:22:08,892 --> 00:22:11,736 They didn't sanction what we found at your clinic. 413 00:22:11,928 --> 00:22:15,102 This boy was given shocks every 10 minutes on his torso 414 00:22:15,165 --> 00:22:18,669 with electrodes 20 times more powerful than the industry norm. 415 00:22:19,136 --> 00:22:21,673 They're closer to cattle prods than anything used on humans. 416 00:22:21,738 --> 00:22:23,718 You thumbed your nose at State guidelines, 417 00:22:23,774 --> 00:22:26,254 and one boy may very well be dead as a result. 418 00:22:26,310 --> 00:22:29,314 That's nonsense. I'm down in the trenches every day with those children, 419 00:22:29,379 --> 00:22:31,359 and some bureaucrat in Albany... Alan. 420 00:22:31,415 --> 00:22:33,258 You know better? Is that it? 421 00:22:35,452 --> 00:22:37,762 Is that why you continue to use this? 422 00:22:41,391 --> 00:22:43,200 Of course not. What are you talking about? 423 00:22:43,260 --> 00:22:45,638 We found marks on Kevin Jeffries' neck, 424 00:22:45,996 --> 00:22:49,375 the same marks that Cathy Davidson got from wearing that helmet. 425 00:22:49,433 --> 00:22:52,415 Kevin gave himself those injuries. He was out of control. 426 00:22:52,470 --> 00:22:55,110 You told his parents he was practically cured. 427 00:22:56,474 --> 00:22:57,748 They misunderstood me. 428 00:22:57,809 --> 00:23:02,485 Doctor, I don't know if you're a sadist or a conman or a fanatic. 429 00:23:03,414 --> 00:23:06,520 Whatever your motives, your actions are criminal, 430 00:23:07,485 --> 00:23:09,692 not to mention indefensible. 431 00:23:09,754 --> 00:23:14,066 You say they're criminal. We say they're legitimate therapy. 432 00:23:16,294 --> 00:23:18,331 Tomorrow we'll find out what a judge calls them. 433 00:23:18,396 --> 00:23:19,932 Motion to dismiss. 434 00:23:24,435 --> 00:23:26,312 ROTHENBERG: They called B.F. Skinner a genius. 435 00:23:26,371 --> 00:23:30,046 Dr. Colter's aversion therapy program is merely an extension 436 00:23:30,375 --> 00:23:32,480 of Skinner's stimulus response theories. 437 00:23:32,543 --> 00:23:36,355 Skinner worked with pigeons. Dr. Colter was torturing human beings. 438 00:23:36,647 --> 00:23:39,287 Medical treatment is often painful. 439 00:23:40,118 --> 00:23:42,928 Cancer patients receive chemo. I don't see Mr. McCoy 440 00:23:42,987 --> 00:23:45,229 parading through Sloan-Kettering with an arrest warrant. 441 00:23:45,290 --> 00:23:46,564 Wait a minute. 442 00:23:47,126 --> 00:23:50,801 Chemotherapy is a far cry from assaulting someone with electrodes. 443 00:23:50,896 --> 00:23:54,537 Think about it. It's only assault if the patient doesn't consent 444 00:23:54,600 --> 00:23:56,477 or if Dr. Colter intended to hurt them. 445 00:23:56,535 --> 00:23:57,980 Or he was reckless. 446 00:23:58,604 --> 00:24:01,517 These children have shown marked improvement. 447 00:24:02,341 --> 00:24:04,617 Now, how reckless can he be? 448 00:24:05,878 --> 00:24:07,380 He's got a point, Mr. McCoy. 449 00:24:07,446 --> 00:24:10,586 JACK: The People don't concede there have been long-lasting improvements. 450 00:24:10,649 --> 00:24:14,461 Regardless, Dr. Colter broke every State regulation. 451 00:24:14,753 --> 00:24:16,790 He crossed the line between therapy and abuse. 452 00:24:16,855 --> 00:24:19,392 Your Honor, the only issue here 453 00:24:20,192 --> 00:24:24,004 is whether Dr. Colter received parental consent for his therapy. 454 00:24:24,062 --> 00:24:25,132 Informed consent. 455 00:24:25,197 --> 00:24:27,108 Well, then, let's ask the parents 456 00:24:27,166 --> 00:24:28,873 whether they know what they consented to? 457 00:24:28,934 --> 00:24:30,311 It's a good idea. 458 00:24:31,036 --> 00:24:33,209 I'll hear from them in the morning. 459 00:24:33,472 --> 00:24:36,477 NANCY: Nobody, no State hospital, 460 00:24:36,810 --> 00:24:39,552 no doctor would have anything to do with Robbie. 461 00:24:40,647 --> 00:24:43,355 Dr. Colter was the only one who would take him. 462 00:24:46,219 --> 00:24:48,597 He showed us how the electrodes worked. 463 00:24:50,957 --> 00:24:54,200 It was very difficult watching Robbie in pain. 464 00:24:55,628 --> 00:24:59,235 But it only lasted a couple of seconds, and then Robbie would calm down. 465 00:24:59,299 --> 00:25:03,247 Did he explain how often the shocks would have to be administered? 466 00:25:03,536 --> 00:25:04,571 Yes. 467 00:25:05,171 --> 00:25:09,017 He said sometimes as often as every 10 minutes. 468 00:25:09,609 --> 00:25:12,419 Were you aware that violated the State guidelines? 469 00:25:12,645 --> 00:25:13,646 Yes. 470 00:25:14,614 --> 00:25:16,821 But if it worked, I didn't care. 471 00:25:17,784 --> 00:25:20,287 Three years ago the experts told us 472 00:25:20,353 --> 00:25:22,833 our son didn't belong in the education system. 473 00:25:23,990 --> 00:25:26,493 One principal even called him "subhuman." 474 00:25:28,696 --> 00:25:32,906 Now Robbie works at a computer, thanks to Dr. Colter. 475 00:25:33,834 --> 00:25:36,246 GOLDEN: It's not like anything you've ever seen. 476 00:25:36,837 --> 00:25:39,647 Kids pulling their hair out, their teeth. 477 00:25:40,975 --> 00:25:45,253 You give my kid a pencil, he's gonna jab it into his cheek, for crying out loud. 478 00:25:45,312 --> 00:25:49,761 Did Dr. Colter tell you his therapy went beyond what the State allowed 479 00:25:49,817 --> 00:25:51,626 in frequency and intensity? 480 00:25:51,685 --> 00:25:52,925 What do they know? 481 00:25:53,787 --> 00:25:57,200 Is it better my kid become a drugged-out blob with open wounds? 482 00:25:57,992 --> 00:26:01,166 They got some chutzpah telling me what to do with my kid. 483 00:26:01,428 --> 00:26:05,535 I'm his legal guardian. I should be the one who decides what happens to him. 484 00:26:07,001 --> 00:26:09,174 Thank you for coming in, Mr. Golden. 485 00:26:14,008 --> 00:26:17,979 Seems to me these parents went into this with their eyes wide open. 486 00:26:18,379 --> 00:26:21,987 If the parents are satisfied with Dr. Colter's work, then so am I. 487 00:26:22,117 --> 00:26:23,858 The People are not, Your Honor. 488 00:26:23,919 --> 00:26:26,763 The defendant made unauthorized use of this therapy 489 00:26:27,289 --> 00:26:29,291 in violation of State guidelines. 490 00:26:29,357 --> 00:26:33,601 Which justifies an administrative hearing, not a criminal trial. 491 00:26:36,097 --> 00:26:38,634 Now, the indictment for assault is quashed. 492 00:26:40,435 --> 00:26:42,711 What do you expect? These are the '90s. 493 00:26:42,871 --> 00:26:46,444 People don't want the State telling them how to raise their kids. 494 00:26:46,508 --> 00:26:50,479 He's convinced these parents he's right, that his therapy actually works. 495 00:26:51,279 --> 00:26:53,122 It didn't work for Kevin Jeffries. 496 00:26:53,181 --> 00:26:54,751 The Jeffries kid, yeah. 497 00:26:55,250 --> 00:26:57,696 The parents might've consented to Colter's therapy, 498 00:26:57,752 --> 00:26:59,629 but they can't consent to murder. 499 00:26:59,688 --> 00:27:01,895 There's no murder without the helmet. 500 00:27:02,390 --> 00:27:05,269 My bet is Colter took a sledgehammer to it 501 00:27:05,327 --> 00:27:07,739 the minute Kevin Jeffries death hit the news. 502 00:27:08,029 --> 00:27:10,134 Jack, I may have found something. 503 00:27:10,465 --> 00:27:14,141 That's the Davidsons' initial complaint in the suit about the buzzbox helmet. 504 00:27:14,203 --> 00:27:16,149 There are 13 named defendants. 505 00:27:16,706 --> 00:27:19,152 That's civil litigation. You name everyone in sight. 506 00:27:19,208 --> 00:27:22,587 Yeah, that's right, but take a look at the amended complaint. 507 00:27:23,579 --> 00:27:26,082 There are only 12 named defendants. 508 00:27:27,083 --> 00:27:29,893 An occupational therapist, Josh Bingham, was dropped. 509 00:27:29,952 --> 00:27:34,128 It could be because he had testimony that would bolster the plaintiff's case. 510 00:27:35,224 --> 00:27:36,225 (WHISTLE BLOWING) 511 00:27:36,292 --> 00:27:38,533 All right, then, all right. Don't push off. 512 00:27:39,695 --> 00:27:43,837 I graduated from Columbia with a degree in psych. 513 00:27:44,600 --> 00:27:46,204 That job was a nightmare. 514 00:27:46,268 --> 00:27:48,748 I work for three months, then get named in a lawsuit. 515 00:27:48,804 --> 00:27:50,613 You settled with the Davidsons early? 516 00:27:50,673 --> 00:27:51,708 Are you kidding? 517 00:27:51,774 --> 00:27:53,219 I agreed to testify for them. 518 00:27:53,276 --> 00:27:56,485 I wrote a 23-page affidavit about what was going on at that clinic. 519 00:27:56,545 --> 00:28:00,357 Let me tell you. Colter? He'd make Dr. Mengele proud. 520 00:28:00,816 --> 00:28:03,127 You saw what was going on, but you continued to work there? 521 00:28:03,186 --> 00:28:05,757 Well, the first time I saw him use that buzzbox, 522 00:28:05,889 --> 00:28:08,836 I went right down to Colter's office. He read me this long laundry list 523 00:28:08,892 --> 00:28:11,338 of his success stories, told me I'd get used to it. 524 00:28:11,395 --> 00:28:14,535 I went right back down to my office, started looking at the "help wanted" ads. 525 00:28:14,598 --> 00:28:18,136 Let me tell you, it's a good thing for those kids that the Davidsons came along. 526 00:28:18,201 --> 00:28:21,182 Do you think Colter's still using the buzzbox helmet? 527 00:28:21,772 --> 00:28:24,685 What, and risk getting hit with another lawsuit? 528 00:28:24,841 --> 00:28:28,345 Actually, we think it killed one of his patients, Kevin Jeffries. 529 00:28:28,412 --> 00:28:30,414 That's what we'd like to prove. 530 00:28:31,648 --> 00:28:33,958 Maybe I know someone who can help you. 531 00:28:34,117 --> 00:28:37,894 Francine Randazzo. One of the therapy assistants. 532 00:28:39,056 --> 00:28:41,935 She stayed on at the clinic after the Davidson thing. 533 00:28:41,992 --> 00:28:43,903 Why would she talk to us now? 534 00:28:45,062 --> 00:28:48,043 She called me a couple of weeks ago looking for work. 535 00:28:48,965 --> 00:28:51,070 She got laid off from the clinic. 536 00:28:55,106 --> 00:28:57,643 After the Davidson lawsuit, they used the helmet less. 537 00:28:57,708 --> 00:29:01,622 Only in extreme cases. We weren't supposed to even talk about it. 538 00:29:02,513 --> 00:29:04,754 Ms. Randazzo, were you still working there 539 00:29:04,816 --> 00:29:06,762 when Kevin Jeffries was undergoing treatment? 540 00:29:06,818 --> 00:29:09,389 Yes. It broke my heart. 541 00:29:09,487 --> 00:29:12,832 He'd be like you and me for a couple of days, and then he'd totally freak out. 542 00:29:12,890 --> 00:29:15,336 He'd start slamming his head against the wall. 543 00:29:15,393 --> 00:29:19,864 When he started doing this, did Dr. Colter use the buzzbox helmet on him? 544 00:29:19,931 --> 00:29:20,932 Yes. 545 00:29:21,866 --> 00:29:25,746 Sometimes he'd strap Kevin in a chair for three or four days at a time. 546 00:29:26,037 --> 00:29:27,175 With the helmet? 547 00:29:27,238 --> 00:29:28,342 That's right. 548 00:29:29,073 --> 00:29:30,916 I couldn't even look at him. 549 00:29:31,809 --> 00:29:35,347 He'd only let him out to go to the bathroom and take a shower. 550 00:29:38,082 --> 00:29:40,995 Excuse me! Dr. Colter is with a patient! 551 00:29:41,052 --> 00:29:42,122 Then, we're just in time. 552 00:29:42,186 --> 00:29:43,859 WOMAN: You can't go in there! 553 00:29:44,222 --> 00:29:46,829 Come on, come on, hold him. What's going on? This is private. 554 00:29:46,892 --> 00:29:49,839 Not any more, it's not. Alan Colter, you're under arrest 555 00:29:49,895 --> 00:29:53,365 for the murder of Kevin Jeffries. You have the right to remain silent. 556 00:29:53,432 --> 00:29:55,378 Anything you do say, can and will... 557 00:29:57,369 --> 00:29:59,872 And this is your reliable witness? 558 00:30:01,073 --> 00:30:04,543 Oh, I'm sure Ms. Randazzo 559 00:30:04,743 --> 00:30:08,691 is just dying to throw bouquets at the employer who laid her off. 560 00:30:08,747 --> 00:30:11,626 Dr. Colter gave her a job for the last two years. 561 00:30:12,017 --> 00:30:13,621 He must think she's reliable. 562 00:30:13,719 --> 00:30:16,427 What, and after three weeks of job interviews, 563 00:30:16,488 --> 00:30:18,934 she suddenly finds his methods abhorrent? 564 00:30:19,525 --> 00:30:22,005 She had the chance to speak up months ago. 565 00:30:22,127 --> 00:30:26,598 Anything she says now is gonna smell a little ripe to a jury, don't you think? 566 00:30:26,665 --> 00:30:29,976 Not if it confirms what they hear from the medical examiner. 567 00:30:30,636 --> 00:30:34,311 We no longer use the deprivation helmet. Period. 568 00:30:35,541 --> 00:30:38,819 Misguided as the State's decision was, we went along with it. 569 00:30:38,878 --> 00:30:42,052 It's statements like that, Dr. Colter, that make me wonder if you did. 570 00:30:42,115 --> 00:30:44,152 ROTHENBERG: Then, don't take his word for it. 571 00:30:44,350 --> 00:30:46,227 We have an eyewitness who'll testify 572 00:30:46,286 --> 00:30:48,994 that the helmet was never used on Kevin Jeffries. 573 00:30:49,956 --> 00:30:52,129 His roommate, David Vilardi. 574 00:30:52,425 --> 00:30:54,098 An autistic child? 575 00:30:54,260 --> 00:30:57,173 We're not talking about a potted plant, Mr. McCoy. 576 00:30:57,597 --> 00:31:00,100 According to this report, Kevin's roommate is mute. 577 00:31:00,166 --> 00:31:03,773 He can still communicate with the help of a facilitator. 578 00:31:04,037 --> 00:31:06,313 That's all fine and good, but how could he possibly know 579 00:31:06,372 --> 00:31:07,874 what you did to Kevin Jeffries? 580 00:31:07,941 --> 00:31:09,420 They were roommates 581 00:31:10,176 --> 00:31:12,019 in a very small institution. 582 00:31:13,846 --> 00:31:17,851 How long do you think something like this could've been kept secret? 583 00:31:24,123 --> 00:31:27,297 Now, Mrs. Vilardi is going to stabilize David's hand 584 00:31:27,393 --> 00:31:31,638 so that he can point accurately, but she's not going to guide his answers. 585 00:31:32,700 --> 00:31:33,940 Mrs. Vilardi. 586 00:31:37,871 --> 00:31:40,784 Ask my son anything you want, Mr. McCoy. 587 00:31:41,709 --> 00:31:45,020 David, do you know why you're here today? 588 00:31:49,250 --> 00:31:50,251 "Yes." 589 00:31:52,786 --> 00:31:55,198 Did you ever see Kevin wearing a helmet? 590 00:31:59,493 --> 00:32:00,494 "Yes." 591 00:32:00,895 --> 00:32:02,602 (KEYBOARD CLICKING) 592 00:32:03,263 --> 00:32:04,264 "White" 593 00:32:06,433 --> 00:32:07,434 "helmet." 594 00:32:09,403 --> 00:32:12,350 You mean the white hockey helmet he wore for protection? 595 00:32:16,377 --> 00:32:17,378 "Yes." 596 00:32:19,246 --> 00:32:22,285 Did you ever see him wearing any other kind of helmet? 597 00:32:23,318 --> 00:32:24,319 "No." 598 00:32:27,622 --> 00:32:28,896 "Just the white" 599 00:32:30,659 --> 00:32:31,660 "helmet." 600 00:32:37,232 --> 00:32:41,578 Did he ever tell you that Dr. Colter made him wear another kind of helmet? 601 00:32:43,705 --> 00:32:44,706 "No." 602 00:32:45,173 --> 00:32:48,177 Did he ever mention something called the buzzbox? 603 00:32:50,412 --> 00:32:51,413 "No." 604 00:32:52,847 --> 00:32:55,760 Are you absolutely sure he never mentioned it? 605 00:32:58,119 --> 00:32:59,189 "Yes." 606 00:33:02,223 --> 00:33:05,227 "Kevin only wore" 607 00:33:06,728 --> 00:33:09,766 "the white helmet," 608 00:33:13,201 --> 00:33:14,374 "not the red." 609 00:33:20,209 --> 00:33:23,349 I've read David's file. He's been non-verbal all his life. 610 00:33:23,412 --> 00:33:24,891 His IQ was measured at 30. 611 00:33:24,947 --> 00:33:27,689 There's no record he's ever been taught to read or write. 612 00:33:27,750 --> 00:33:29,696 All of a sudden he's typing on a computer. 613 00:33:29,752 --> 00:33:30,822 Pretty neat trick. 614 00:33:30,886 --> 00:33:32,797 DR. OLIVET: There's an even better trick. 615 00:33:32,922 --> 00:33:35,334 David's IQ was retested after he started communicating, 616 00:33:35,391 --> 00:33:38,065 and he scored between 100 and 130. 617 00:33:38,294 --> 00:33:41,298 Which probably coincides with his mother's IQ. 618 00:33:41,530 --> 00:33:45,137 She was holding his hands. She was guiding his responses. 619 00:33:45,201 --> 00:33:48,739 Well, you don't think this facilitated communication is for real. 620 00:33:48,804 --> 00:33:51,444 It's been around since the mid-'70s, and it's still taught at universities, 621 00:33:51,507 --> 00:33:54,886 but by and large the scientific community does not support it. 622 00:33:54,944 --> 00:33:58,255 That's the bottom line. I'll move for a hearing. 623 00:33:59,181 --> 00:34:03,493 If the technique isn't generally accepted, David's not qualified to be a witness. 624 00:34:05,922 --> 00:34:08,732 JACK: Frye v. US is very clear, Your Honor. 625 00:34:08,792 --> 00:34:11,204 Until a scientific technique gains general acceptance, 626 00:34:11,261 --> 00:34:13,298 it can't be used in evidence. 627 00:34:13,463 --> 00:34:15,272 General acceptance by whom? 628 00:34:15,765 --> 00:34:18,769 Neurologists? Speech pathologists? Special education teachers? 629 00:34:18,835 --> 00:34:21,008 These people can't even agree on what causes autism. 630 00:34:21,071 --> 00:34:24,314 Two courts have already agreed that facilitated communication 631 00:34:24,374 --> 00:34:26,615 doesn't meet the standard for scientific evidence. 632 00:34:26,676 --> 00:34:28,849 So, a couple of family court judges were guided 633 00:34:28,912 --> 00:34:31,324 by their prejudice against the disabled. 634 00:34:31,515 --> 00:34:32,550 Mr. Rothenberg. 635 00:34:32,616 --> 00:34:35,028 That's what it boils down to, Your Honor. 636 00:34:35,285 --> 00:34:39,358 People with disabilities are being denied their opportunity to be heard in court. 637 00:34:39,423 --> 00:34:42,961 I just want to be sure the voice being heard is David Vilardi's. 638 00:34:43,093 --> 00:34:47,041 Mr. McCoy, making that determination is why I wear the robe. 639 00:34:48,165 --> 00:34:51,544 I've heard the legal arguments. Now I'd like to hear from some experts 640 00:34:51,601 --> 00:34:53,808 who know what they're talking about. 641 00:34:54,437 --> 00:34:57,077 And I'd also like to hear from David himself. 642 00:35:00,411 --> 00:35:03,187 I've worked with autistic children for the past 20 years. 643 00:35:03,247 --> 00:35:06,717 I've read all the studies done on facilitated communication, 644 00:35:06,784 --> 00:35:08,957 and I've seen it used in the field. 645 00:35:09,354 --> 00:35:13,803 I haven't seen anything I consider sufficient to say it's valid. 646 00:35:14,459 --> 00:35:16,632 You don't think it works, Dr. Chaikin? 647 00:35:16,694 --> 00:35:20,198 There's no proof of its reliability with autistic children. 648 00:35:20,832 --> 00:35:25,144 In my opinion, the messages reflect the facilitator's coaching. 649 00:35:25,670 --> 00:35:27,911 Are you saying that there's deception involved? 650 00:35:27,972 --> 00:35:31,112 DR. CHAIKIN: No. More like wishful thinking. 651 00:35:32,176 --> 00:35:34,986 For parents, there's nothing better in the world than to have your child say, 652 00:35:35,046 --> 00:35:37,526 "I love you," and have a true sense of it. 653 00:35:37,649 --> 00:35:39,754 Autistic children can't do that. 654 00:35:40,251 --> 00:35:44,597 So, when something comes along that promises meaningful communication, 655 00:35:45,022 --> 00:35:48,993 parents and people who work with autistic children believe in it. 656 00:35:49,862 --> 00:35:51,773 Thank you. No more questions. 657 00:35:53,332 --> 00:35:58,213 Dr. Chaikin, does facilitated communication 658 00:35:58,270 --> 00:35:59,749 have its proponents? 659 00:35:59,805 --> 00:36:02,183 Yes. So do Ouija boards. 660 00:36:02,975 --> 00:36:05,546 Do you know of any university-affiliated institutions 661 00:36:05,611 --> 00:36:08,057 dedicated to the study of Ouija boards? 662 00:36:09,715 --> 00:36:11,820 No, I don't. And are you familiar 663 00:36:11,884 --> 00:36:15,696 with the Facilitated Communication Institute at Syracuse University? 664 00:36:16,054 --> 00:36:17,397 Yes, I am. 665 00:36:17,589 --> 00:36:18,727 No more questions. 666 00:36:20,592 --> 00:36:24,802 I've seen the technique used successfully with the autistic, 667 00:36:24,963 --> 00:36:28,433 with people with Down syndrome, with cerebral palsy. 668 00:36:28,500 --> 00:36:32,573 And do you consider the technique generally accepted by people in your field? 669 00:36:32,638 --> 00:36:36,108 It is gaining wider acceptance with teachers and parents. 670 00:36:36,174 --> 00:36:37,744 It's being used in the schools. 671 00:36:37,810 --> 00:36:40,654 Thousands of people have been trained as facilitators. 672 00:36:41,014 --> 00:36:44,860 It's not the holy grail of autism, but it's very important. 673 00:36:44,918 --> 00:36:46,226 Thank you. 674 00:36:47,854 --> 00:36:51,802 Dr. Gerard, are there empirical studies validating this technique 675 00:36:51,958 --> 00:36:53,266 that you're aware of? 676 00:36:53,326 --> 00:36:54,361 DR. GERARD: No. 677 00:36:54,427 --> 00:36:57,772 It's not like the law of gravity. It can't be proven that way. 678 00:36:57,831 --> 00:37:01,210 Are there established procedures for monitoring facilitators? 679 00:37:02,068 --> 00:37:03,672 None that are generally accepted. 680 00:37:03,736 --> 00:37:06,615 Is it fair to say this technique is experimental? 681 00:37:07,407 --> 00:37:09,512 Well, the research isn't complete yet. 682 00:37:09,576 --> 00:37:11,214 Thank you. No more questions. 683 00:37:12,345 --> 00:37:15,053 MRS. VILARDI: The first word David typed was "water." 684 00:37:15,515 --> 00:37:16,823 He was thirsty. 685 00:37:17,617 --> 00:37:21,565 That was five months ago, when David first started living at the clinic. 686 00:37:22,355 --> 00:37:24,835 Since then we have regular conversations. 687 00:37:26,226 --> 00:37:31,608 I found out my son has a sense of humor. He likes girls. He writes poetry. 688 00:37:32,465 --> 00:37:34,241 He loves his family. 689 00:37:35,369 --> 00:37:38,475 After all these years, I found my child. 690 00:37:40,074 --> 00:37:42,918 Thank you. No more questions. 691 00:37:51,252 --> 00:37:52,731 Mrs. Vilardi, 692 00:37:54,388 --> 00:37:56,197 I'd like to show something to David. 693 00:37:56,256 --> 00:37:57,428 Go right ahead. 694 00:38:02,229 --> 00:38:04,971 If you don't mind, would you look the other way? 695 00:38:10,571 --> 00:38:11,982 Your Honor? 696 00:38:12,473 --> 00:38:16,182 Mrs. Vilardi, do as Mr. McCoy asks. 697 00:38:30,926 --> 00:38:33,497 David, please look at the card. 698 00:38:42,804 --> 00:38:44,943 You can turn around, Mrs. Vilardi. 699 00:38:48,276 --> 00:38:51,553 David, please tell us what's on the card I just showed you. 700 00:39:07,362 --> 00:39:08,864 Did he get it right? 701 00:39:09,631 --> 00:39:12,407 No. I'm sorry. 702 00:39:13,869 --> 00:39:17,374 No more questions. He's just nervous. Let him see it again. 703 00:39:17,840 --> 00:39:21,720 Mr. McCoy, show the witness the card one more time, please. 704 00:39:24,447 --> 00:39:25,687 RIVERA: Mrs. Vilardi. 705 00:39:35,958 --> 00:39:37,665 David, look at the card. 706 00:39:43,833 --> 00:39:45,972 David, tell us what's on the card. 707 00:40:10,627 --> 00:40:12,629 RIVERA: All right, Mrs. Vilardi, you're excused. 708 00:40:12,696 --> 00:40:14,232 MRS. VILARDI: This isn't fair. 709 00:40:14,865 --> 00:40:16,970 David just doesn't understand what you want. 710 00:40:17,034 --> 00:40:18,172 Mrs. Vilardi, please. 711 00:40:18,235 --> 00:40:19,680 You're not being fair! 712 00:40:20,971 --> 00:40:25,078 Dr. Colter, please explain to them they're not giving him a chance. 713 00:40:25,142 --> 00:40:27,281 Mrs. Vilardi, please. 714 00:40:30,247 --> 00:40:31,726 You're excused. 715 00:40:36,820 --> 00:40:39,664 We just got a judge to tell Mrs. Vilardi that she's been talking to herself 716 00:40:39,723 --> 00:40:41,464 for the last five months. 717 00:40:41,925 --> 00:40:44,405 That doesn't exactly make me want to jump up and cheer. 718 00:40:44,461 --> 00:40:49,103 Just a minute. We didn't drag this boy into the spotlight. Our good doctor did that. 719 00:40:50,367 --> 00:40:52,938 Placing his interests ahead of his patients'. 720 00:40:53,070 --> 00:40:56,176 I don't think his patients even figured in the equation. 721 00:40:56,239 --> 00:40:59,915 None of which put us any closer to proving he used the helmet on Kevin Jeffries. 722 00:40:59,977 --> 00:41:02,583 Anyone confirmed Ms. Randazzo's testimony? 723 00:41:03,347 --> 00:41:06,885 We reinterviewed the employees. They all say they didn't know. 724 00:41:12,223 --> 00:41:14,703 Maybe somebody already told us what we need. 725 00:41:18,029 --> 00:41:20,737 David Vilardi entered the clinic five months ago, 726 00:41:20,798 --> 00:41:23,972 after the State had already banned the use of the helmet. 727 00:41:24,202 --> 00:41:28,309 We can assume neither he nor his mother ever saw it. 728 00:41:28,773 --> 00:41:30,218 That's what they said in their deposition. 729 00:41:30,274 --> 00:41:33,949 They also said that Kevin never wore the red helmet. 730 00:41:34,912 --> 00:41:36,516 How would they know what color it is? 731 00:41:36,581 --> 00:41:37,719 Ask them. 732 00:41:40,218 --> 00:41:43,222 Three people saw it on the television monitor. 733 00:41:44,622 --> 00:41:46,397 We heard you say it. 734 00:41:47,124 --> 00:41:49,866 Maybe one of the other kids told him it was red. 735 00:41:50,728 --> 00:41:55,576 Mrs. Vilardi, I don't wanna put your son through another ordeal. 736 00:41:56,468 --> 00:41:58,914 Maybe I told him. I can't remember. 737 00:41:59,004 --> 00:42:00,449 How did you know? 738 00:42:02,508 --> 00:42:04,510 Have you seen the helmet? 739 00:42:04,943 --> 00:42:06,581 I saw a picture of it. 740 00:42:06,645 --> 00:42:07,715 Where? 741 00:42:11,683 --> 00:42:13,788 You've seen it used, haven't you? 742 00:42:17,156 --> 00:42:19,966 I can compel your answer, Mrs. Vilardi. 743 00:42:20,926 --> 00:42:22,803 Yes, I've seen it. 744 00:42:23,095 --> 00:42:24,438 On Kevin Jeffries? 745 00:42:29,168 --> 00:42:30,875 They use it on your son. 746 00:42:31,603 --> 00:42:33,742 It works, Mr. McCoy. 747 00:42:34,006 --> 00:42:36,714 A boy died because he was forced to wear it. 748 00:42:38,043 --> 00:42:39,716 My David is alive. 749 00:42:41,046 --> 00:42:43,356 More alive than he's ever been. 750 00:42:44,117 --> 00:42:49,362 Whatever harm that helmet might do, it's not as bad as what David did to himself. 751 00:42:50,156 --> 00:42:53,103 He broke his fingers biting into them. 752 00:42:54,427 --> 00:42:58,773 He spent weeks screaming and throwing himself on the ground. 753 00:43:00,099 --> 00:43:02,443 Now he tells me he loves me. 754 00:43:04,837 --> 00:43:07,044 I'll put her on the stand, Doctor. 755 00:43:07,740 --> 00:43:10,880 She'll corroborate Francine Randazzo's testimony. 756 00:43:10,944 --> 00:43:13,390 ROTHENBERG: I may be a little slow this morning, 757 00:43:13,479 --> 00:43:16,688 but I didn't hear you say that she saw Kevin Jeffries wear the helmet. 758 00:43:16,749 --> 00:43:19,389 Your client authorized its continued use. 759 00:43:19,452 --> 00:43:23,332 Which makes him criminally liable for any death that occurs as a result. 760 00:43:24,090 --> 00:43:27,037 JACK: I don't need direct evidence to convict him. 761 00:43:42,309 --> 00:43:46,052 He pleads nolo to man two. He pays a fine. 762 00:43:47,214 --> 00:43:48,955 He does community service. 763 00:43:54,955 --> 00:44:01,270 He pleads guilty to man two. He serves two years. He turns in his license. 764 00:44:02,963 --> 00:44:04,772 He closes the clinic. 765 00:44:07,768 --> 00:44:09,509 You want to put me out of business, huh? 766 00:44:09,570 --> 00:44:11,550 We understand each other perfectly. 767 00:44:11,605 --> 00:44:15,314 You may not like my methods, but they get results. 768 00:44:15,843 --> 00:44:18,585 You beat a dog often enough, it'll stop barking. 769 00:44:19,480 --> 00:44:23,587 It might even do tricks for you, but I wouldn't call that humane. 770 00:44:23,684 --> 00:44:26,528 Don't you dare lecture me on what's humane. 771 00:44:27,155 --> 00:44:30,693 I've seen the way people react to my patients. They're repulsed. 772 00:44:30,859 --> 00:44:33,931 These children are what nightmares are made of. 773 00:44:34,963 --> 00:44:39,002 But I don't look away. I make something of their broken lives. 774 00:44:40,135 --> 00:44:43,116 You made sure Kevin Jeffries's life could never be fixed. 775 00:44:43,405 --> 00:44:45,908 Can you really tell me he's not better off? 776 00:44:51,279 --> 00:44:54,624 I hope that's not your closing statement to the jury. 777 00:44:54,883 --> 00:44:57,659 You'll never convince them he murdered that boy. 778 00:44:57,719 --> 00:44:59,027 Watch me. 779 00:44:59,087 --> 00:45:03,433 When I tell them how much money he made torturing these kids with electrodes, 780 00:45:03,525 --> 00:45:06,131 that he nearly killed the Davidson girl, 781 00:45:06,561 --> 00:45:10,270 he'll be lucky if they don't string him up in the courtroom. 782 00:45:16,237 --> 00:45:19,811 The court is satisfied that the defendant has met the conditions 783 00:45:19,875 --> 00:45:21,479 of the plea agreement. 784 00:45:22,378 --> 00:45:24,517 In accordance with that agreement, 785 00:45:25,114 --> 00:45:29,824 this court sentences Alan Colter to a term of not less than two years 786 00:45:30,319 --> 00:45:31,889 and not more than six years 787 00:45:31,954 --> 00:45:35,629 at a facility to be determined by the Department of Correction. 788 00:45:37,426 --> 00:45:39,269 And this court is adjourned. 789 00:45:45,868 --> 00:45:48,906 He still has them convinced he was saving their children. 790 00:45:48,971 --> 00:45:51,850 The only thing he tried to save was his reputation. 791 00:45:52,675 --> 00:45:54,655 He knew the therapy wasn't getting results. 792 00:45:54,710 --> 00:45:57,316 Instead of admitting he was wrong, he just turned up the voltage. 793 00:45:57,380 --> 00:45:58,688 MRS. VILARDI: Mr. McCoy. 794 00:46:02,451 --> 00:46:05,762 You made them close the clinic. Why? 795 00:46:07,456 --> 00:46:09,663 Mrs. Vilardi... They sent him home. 796 00:46:10,326 --> 00:46:15,072 I can't take care of him. I don't know what I'm going to do with him. 797 00:46:16,133 --> 00:46:18,977 You took away the only place he had. 798 00:46:21,371 --> 00:46:23,578 Do you want him, Mr. McCoy? 799 00:46:24,875 --> 00:46:26,786 Can he go home with you now? 800 00:46:31,314 --> 00:46:32,725 I didn't think so.