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NARRATOR:
In the criminal justice system
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00:00:02,748 --> 00:00:06,629
the people are represented
by two separate
yet equally important groups,
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00:00:06,686 --> 00:00:08,529
the police
who investigate crime
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00:00:08,588 --> 00:00:11,398
and the district attorneys
who prosecute the offenders.
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These are their stories.
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00:00:15,996 --> 00:00:18,602
BOY: Hey, Dad, look at that.
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(HORN BLARING)
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00:00:26,741 --> 00:00:28,448
Can I do it again?
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00:00:29,110 --> 00:00:30,487
Stay here.
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00:00:33,882 --> 00:00:35,760
Damn homeless.
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00:00:35,818 --> 00:00:38,697
Hey, fella, get your
ass off my street.
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00:00:44,060 --> 00:00:46,405
What is it?
Just be quiet, now.
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00:00:46,463 --> 00:00:49,967
Dispatch, this is
unit 220 in need of
immediate assistance.
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00:00:50,133 --> 00:00:51,703
BRISCOE:
Do we know who he is?
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00:00:51,768 --> 00:00:54,214
ID in his wallet
said Warren Slater.
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00:00:54,272 --> 00:00:56,548
Address in
Riverdale.
He had his wallet.
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00:00:56,607 --> 00:00:59,554
Wallet, watch,
wedding band.
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00:00:59,610 --> 00:01:02,284
Guy took a blow
to the head,
fractured his skull.
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00:01:02,346 --> 00:01:03,984
ED: We know what
was used to hit him?
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00:01:04,048 --> 00:01:05,687
CSU TECH: CSU's checkin'
sewers and bushes.
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Whatever it was,
it was heavy as hell.
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00:01:07,519 --> 00:01:09,396
Well, from the looks
of the blood trail,
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00:01:09,455 --> 00:01:10,934
the poor guy caught
it over there
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00:01:10,989 --> 00:01:12,935
and then crawled
to his death.
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00:01:13,559 --> 00:01:14,766
Any idea when
this happened?
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00:01:14,828 --> 00:01:17,001
Last seven, eight
hours probably.
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00:01:17,063 --> 00:01:18,940
M.E. said they
were on their way
an hour ago.
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Hey,Ed.
Check this out.
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BRISCOE: The blood trail
starts here.
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00:01:24,205 --> 00:01:26,583
Okay, so we're
gonna need these
bottles dusted.
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00:01:26,640 --> 00:01:28,551
BRISCOE: Especially the
ones with beer in 'em.
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00:01:28,609 --> 00:01:29,917
CSU TECH: Sure.
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00:01:29,977 --> 00:01:31,820
Looks like somebody
had a party.
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00:01:31,879 --> 00:01:35,157
Yeah. a guy goes out
for a stroll, ends up
at his own wake.
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ED: Warren Slater, 52,
worked at Fairhaven
Health Insurance
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in midtown,
lived in Riverdale.
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00:02:29,609 --> 00:02:31,111
Long way from
either one.
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00:02:31,178 --> 00:02:33,750
Does he have a wife?
Riverdale precinct
notified her.
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00:02:33,814 --> 00:02:35,487
Yeah, we're goin' up
later to talk to her.
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00:02:35,550 --> 00:02:36,995
Any word from
the M.E.?
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00:02:37,051 --> 00:02:38,792
Hadn't gotten there
by the time we left.
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00:02:38,853 --> 00:02:41,766
Well, he certainly
wasn't out jogging
in a suit and tie.
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00:02:41,822 --> 00:02:44,099
What are you thinking,
this is a drug buy
gone bad?
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00:02:44,159 --> 00:02:45,570
The guy had all
his valuables.
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00:02:45,627 --> 00:02:47,504
We did find some
empty beer bottles,
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00:02:47,563 --> 00:02:49,008
an abandoned
shopping cart.
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00:02:49,064 --> 00:02:50,372
Latent s goin
over 'em now.
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00:02:50,432 --> 00:02:52,811
Well, was anyone
around when you
guys got there?
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00:02:52,869 --> 00:02:54,075
The party was over.
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00:02:54,137 --> 00:02:56,640
Well, see if you
can find out what
broke it up.
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BRISCOE: This receipt
from your register?
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00:03:02,780 --> 00:03:03,850
Looks like it. Why?
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00:03:03,914 --> 00:03:05,120
We're lookin' for
a homeless guy,
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00:03:05,182 --> 00:03:06,183
that might have come
in here last night.
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00:03:06,250 --> 00:03:08,196
He usually hangs out
in Franklin Park.
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00:03:08,252 --> 00:03:09,788
SHOPKEEPER: Reggie was in.
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00:03:10,621 --> 00:03:13,125
Black guy, maybe 40,
50-somethin'.
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Wears an army jacket
and a New York
Knicks ski cap.
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What kinda bottles
you say they were?
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40s.
Yeah, that's
definitely Reggie.
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00:03:19,698 --> 00:03:20,904
You know where
we can find him?
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00:03:20,966 --> 00:03:22,138
He wasn't down
by the park?
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00:03:22,335 --> 00:03:23,712
He wasn't there
this morning.
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00:03:23,769 --> 00:03:26,375
You may wanna
try over at Saint
Agnes on 103rd.
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00:03:26,439 --> 00:03:28,248
They usually serve
breakfast right about now.
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00:03:28,307 --> 00:03:29,980
Cool. Thanks, bro.
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00:03:31,811 --> 00:03:33,951
How's it
goin, man?
I know you?
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00:03:35,015 --> 00:03:36,585
Hey, I'm gonna
lose my spot!
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00:03:36,650 --> 00:03:37,720
Oh, no,
don't worry, pal.
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00:03:37,784 --> 00:03:40,025
We serve pancakes
at our house, too.
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00:03:40,087 --> 00:03:41,794
Oh, you got syrup?
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REGGIE: I don't know nothin'.
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You mean about the guy
that got killed near
Franklin Park last night.
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I slept by the
underpass last night.
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You know, that's funny,
because we have a witness
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that says you were
in Franklin Park drinkin'.
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00:03:53,502 --> 00:03:55,675
Yeah, he told us this
one's your favorite.
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00:03:56,839 --> 00:03:58,785
ED: Must be.
Your prints are
all over it.
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(STAMMERS)
Maybe I was down
there last night.
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00:04:01,710 --> 00:04:04,590
Man my age,
my memory
sometimes fails me.
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00:04:04,648 --> 00:04:06,685
Your rap sheet
says you're 42.
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00:04:06,750 --> 00:04:09,959
Look, man,
I didn't do
nothin' wrong.
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How come we didn't
see you there early
this morning?
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00:04:12,857 --> 00:04:14,336
I didn't want
no trouble.
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00:04:14,392 --> 00:04:15,996
Why'd you think
you'd be in trouble?
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00:04:16,827 --> 00:04:18,170
'Cause of the dead guy.
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00:04:18,229 --> 00:04:19,401
ED: How'd you
know he was dead?
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00:04:19,463 --> 00:04:20,498
How'd you know?
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00:04:23,669 --> 00:04:28,379
Yesterday evenin' I went
by the ATMs on Broadway,
try to make me some money.
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00:04:28,607 --> 00:04:30,109
Then what?
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00:04:30,175 --> 00:04:34,955
I bought some bottles,
had a few by the church,
then went back to my spot.
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00:04:35,048 --> 00:04:36,391
When was this?
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00:04:36,449 --> 00:04:38,486
Mmm, couple hours
after I bought the beer.
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00:04:38,551 --> 00:04:40,053
Was the dead guy there?
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00:04:40,620 --> 00:04:41,793
Not then.
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00:04:42,856 --> 00:04:45,268
Just some cars
comin and goin.
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00:04:46,493 --> 00:04:49,474
Cable van, taxis.
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00:04:50,230 --> 00:04:52,939
Bus broke down.
Tow truck woke me.
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00:04:53,401 --> 00:04:55,540
So, I got up to
relieve myself.
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00:04:56,705 --> 00:04:58,207
That's when I saw him.
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00:04:59,708 --> 00:05:02,189
Didn't want no trouble,
so I split.
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00:05:03,212 --> 00:05:04,953
If this homeless
guy killed Slater,
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00:05:05,014 --> 00:05:06,618
we would have
found blood
on his clothes.
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00:05:06,682 --> 00:05:07,752
Yeah, we checked
his records.
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There's no indication
of violence.
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No weapons possession.
No psych referrals.
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We cut him loose,
he's in the wind.
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Well, a couple of
fines he didn't pay
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dropped on him when
we ran his prints.
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We can hold
him on those.
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00:05:17,627 --> 00:05:18,765
So, what did
he tell you?
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Well, the receipt
from the bodega
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says that he bought
the 40s at 7:37 p.m.
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He says he went
to the park a
couple hours later.
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No sign of Slater.
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And then a tow
truck woke him up
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00:05:27,872 --> 00:05:28,942
and that's when
he saw the body.
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Yeah. MTA says
they towed an M112
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with a generator problem
around 2:00 a.m.
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So, Slater was
probably killed
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sometime after 9:30
and before 2:00 a.m.
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I think it's time
you went up to
talk to his wife.
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I've been up all
night calling friends,
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hoping somebody
might've seen him.
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00:05:50,263 --> 00:05:51,709
So, you have
no idea what
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00:05:51,766 --> 00:05:53,973
your husband was doing
on the Upper West Side?
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No.
Could he have been
running errands?
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Maybe shopping
on Broadway?
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Warren usually
left work at 6:00.
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He'd take the express bus
back here to Riverdale.
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00:06:02,677 --> 00:06:06,489
We'd have dinner,
help our daughter
with her homework,
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maybe watch a little TV.
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00:06:09,017 --> 00:06:12,363
I'm sorry, we lived
normal, boring lives.
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Well, when your husband
didn't show up on time,
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where'd you
think he was,
Mrs. Slater?
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00:06:17,727 --> 00:06:21,733
Before he left yesterday,
he told me that he was going
to stay late at work.
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But by the time I called,
no one answered.
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My husband was
a very good man.
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00:06:29,406 --> 00:06:32,354
He coached our daughter's
basketball team.
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He gave part of his
salary to the church.
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I mean,
who'd do this to him?
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REEVES: Well,
I'm a claims examiner.
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Mr. Slater was
my supervisor.
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His wife was under
the impression
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00:06:46,592 --> 00:06:48,629
that he was working
late last night.
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00:06:48,694 --> 00:06:51,505
We both left at 6:00.
We took the bus together.
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00:06:51,565 --> 00:06:53,238
You live in Riverdale?
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00:06:53,300 --> 00:06:54,973
No, the Village.
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We were told
Mr. Slater usually took
the express bus home.
150
00:06:58,238 --> 00:07:01,083
Well, this was the
cross-town bus. On 23rd.
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00:07:01,142 --> 00:07:03,418
I was going
to the sports center
at the Chelsea Piers.
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That's the last stop.
So, you saw him get off?
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00:07:05,813 --> 00:07:08,293
Yeah, around 10th Avenue.
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00:07:09,518 --> 00:07:10,588
Why?
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00:07:10,686 --> 00:07:13,292
Mr. Slater's body
was found near 108th.
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00:07:13,355 --> 00:07:16,131
Did he say
anything about
where he as going?
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00:07:16,625 --> 00:07:19,607
I think he might
have mentioned he
was meeting someone.
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00:07:19,662 --> 00:07:22,040
ED: Did he mention
a name or a place?
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00:07:22,999 --> 00:07:25,605
Once we got on the bus,
we couldn't find
a seat together.
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We didn't talk after that.
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So, where the hell
was this guy going
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00:07:31,442 --> 00:07:33,149
and how'd he get
up to 108th Street?
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00:07:33,210 --> 00:07:34,587
I'm thinkin'
another woman.
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00:07:34,645 --> 00:07:36,955
I mean, it's the only
thing worth lyin'
to your wife about.
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You sound like you
been there before.
(CELL PHONE RINGING)
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00:07:38,917 --> 00:07:40,760
I see you finally
gave your number out.
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00:07:40,819 --> 00:07:43,299
(LAUGHS) Yeah, Briscoe.
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00:07:44,723 --> 00:07:47,101
Yeah, all right.
Thanks.
169
00:07:47,158 --> 00:07:49,639
M.E. they just finished
up the prelim on Slater.
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00:07:50,696 --> 00:07:52,937
Cause of death
was a single blow
to the skull.
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00:07:52,999 --> 00:07:54,910
Probably with a
heavy metal instrument,
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00:07:54,967 --> 00:07:56,640
something rounded
with a beveled edge.
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Beveled edge?
174
00:07:57,904 --> 00:07:59,680
Fracture line was
depressed at an angle.
175
00:07:59,740 --> 00:08:01,549
Well, what about
the time of death?
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00:08:01,642 --> 00:08:05,021
Between 9:00 and 11:00.
11:30 at the latest.
177
00:08:05,078 --> 00:08:06,386
Anything on the
tox screen?
178
00:08:06,480 --> 00:08:09,826
No. Nothing other
than a slightly elevated
blood alcohol level.
179
00:08:09,884 --> 00:08:11,386
One or two glasses
of white wine.
180
00:08:11,452 --> 00:08:13,227
Met that special
someone for a drink.
181
00:08:13,288 --> 00:08:14,926
Now all we gotta
do is find the bar.
182
00:08:14,989 --> 00:08:17,230
Actually,
it's an art gallery.
183
00:08:18,661 --> 00:08:20,004
His hand was stamped.
184
00:08:20,062 --> 00:08:22,099
I didn't see
a stamp.
No, you
wouldn't have.
185
00:08:22,631 --> 00:08:24,907
Not unless you were
carryin' a black light.
186
00:08:25,367 --> 00:08:26,471
BRISCOE: Click?
187
00:08:26,535 --> 00:08:29,745
Yeah, I had someone
track down the address,
188
00:08:29,806 --> 00:08:32,548
thought I owed you
for how long it took
this morning.
189
00:08:33,276 --> 00:08:35,950
Click Gallery. 643
West 24th Street.
190
00:08:36,079 --> 00:08:38,424
It's a block from where
he got off the bus.
191
00:08:39,050 --> 00:08:40,461
Yeah, I remember him.
192
00:08:40,518 --> 00:08:42,555
He didn't exactly
blend in with
the crowd here.
193
00:08:42,620 --> 00:08:43,928
Did he come in
with anybody?
194
00:08:43,988 --> 00:08:46,696
Not that I saw.
I figured he
must be a buyer.
195
00:08:46,757 --> 00:08:47,758
WW do you
Say that?
196
00:08:47,825 --> 00:08:50,306
He was talking a lot
with one of the artists
showing last night.
197
00:08:50,362 --> 00:08:51,841
Well, which one?
198
00:08:51,897 --> 00:08:53,240
Ellen Brightman.
199
00:08:54,366 --> 00:08:56,676
BRISCOE: (SCOFFS)
Television sets?
200
00:08:56,735 --> 00:08:58,181
Installation art.
201
00:08:58,237 --> 00:09:01,150
Visual stimuli that
force us not just
to observe
202
00:09:01,207 --> 00:09:02,777
but to interact
with art.
203
00:09:03,142 --> 00:09:04,553
Must-see TV.
204
00:09:05,111 --> 00:09:08,321
This, uh, Slater had
a stamp on his wrist.
205
00:09:08,382 --> 00:09:09,986
We do that for
special events.
206
00:09:10,050 --> 00:09:11,859
What was the special
event last night?
207
00:09:11,919 --> 00:09:13,865
We were raising money
for the 9/11 fund.
208
00:09:13,921 --> 00:09:15,195
Hey, was it open
to the public?
209
00:09:15,255 --> 00:09:16,859
We had a guest list.
210
00:09:18,126 --> 00:09:19,969
So, Slater's name would
have been on it.
211
00:09:20,028 --> 00:09:21,268
Should be.
212
00:09:21,896 --> 00:09:25,742
Yup, looks like
Ellen put him down
as her guest.
213
00:09:30,439 --> 00:09:32,214
ELLEN: We'd only just met.
214
00:09:32,308 --> 00:09:33,616
BRISCOE: Well, people
at the gallery
215
00:09:33,676 --> 00:09:35,815
said you two
spent most of the
evening together.
216
00:09:35,878 --> 00:09:38,553
He came by to
see my exhibit.
217
00:09:38,615 --> 00:09:41,994
He told his wife
that he'd be in his
office working late.
218
00:09:42,052 --> 00:09:45,363
Only you two were havin'
a couple of glasses of
white wine together.
219
00:09:45,656 --> 00:09:49,366
What are you saying?
Mr. Slater was a happily
married man.
220
00:09:49,427 --> 00:09:51,202
ED: I thought you'd
only just met.
221
00:09:51,863 --> 00:09:56,005
He hired me to make
a surprise video tribute
for his wife's 50th birthday.
222
00:09:56,067 --> 00:09:57,672
It's how I support my art.
223
00:09:58,037 --> 00:10:00,017
We met at the gallery,
then we came back here
224
00:10:00,072 --> 00:10:01,779
so he could see the studio.
225
00:10:01,840 --> 00:10:03,649
BRISCOE: How long was he here?
226
00:10:03,809 --> 00:10:05,049
About an hour.
227
00:10:05,544 --> 00:10:08,992
We had a lot of discuss.
He wanted still shots,
home movies,
228
00:10:09,049 --> 00:10:12,963
interviews with his
wife's childhood friends,
their daughter.
229
00:10:14,521 --> 00:10:16,832
We even did a practice
run of him on camera.
230
00:10:18,759 --> 00:10:21,330
SLATER: Is it recording?
ELLEN: Say something to her.
231
00:10:21,395 --> 00:10:24,376
Right now? I didn't know
I was gonna say anything.
232
00:10:24,432 --> 00:10:26,241
ELLEN: Just be yourself.
233
00:10:27,202 --> 00:10:29,341
Come on, come on,
talk to your wife...
234
00:10:29,404 --> 00:10:31,748
(STAMMERS) No,
I don't have
anything prepared.
235
00:10:31,807 --> 00:10:33,218
ELLEN: Just tell her
how you feel.
236
00:10:33,275 --> 00:10:36,256
Imagine her with
all her friends.
Imagine the big night.
237
00:10:37,280 --> 00:10:39,282
Hi, sweetheart.
238
00:10:40,416 --> 00:10:41,918
Don't be mad.
239
00:10:42,151 --> 00:10:45,860
I know you don't
like surprises, but,
happy birthday!
240
00:10:47,124 --> 00:10:48,967
How's that?
ELLEN: That's great.
241
00:10:54,998 --> 00:10:58,970
I know you don't
like surprises, but,
happy birthday!
242
00:11:00,004 --> 00:11:01,847
How's that?
ELLEN: That's great.
243
00:11:03,141 --> 00:11:05,417
And she has
no idea where
he went after that?
244
00:11:05,477 --> 00:11:07,287
She offered to call
him a car service,
245
00:11:07,346 --> 00:11:09,383
but he said he
was gonna grab a
cab to Grand Central
246
00:11:09,448 --> 00:11:10,859
and take Metro-North.
247
00:11:10,916 --> 00:11:13,089
Grand Central?
What time was this?
248
00:11:13,152 --> 00:11:15,154
Maybe about 9:00, 9:30.
249
00:11:15,221 --> 00:11:17,862
Well, the M.E. puts
the time of death
no later than 11:00
250
00:11:17,924 --> 00:11:21,667
and this homeless guy
said he didn't see a body
until well after 9:30.
251
00:11:22,028 --> 00:11:24,941
It still doesn't
answer how he ended
up at west 108th Street.
252
00:11:24,998 --> 00:11:27,377
Maybe he changed
his mind. Decided not
to go home.
253
00:11:27,902 --> 00:11:30,109
Or maybe somebody
changed it for him.
254
00:11:30,171 --> 00:11:32,082
Look, walk the block
with his picture.
255
00:11:32,140 --> 00:11:36,180
See if you can find someone
who can tell us where the
trail went cold for this man.
256
00:11:37,880 --> 00:11:41,293
So he leaves here,
heads over to 10th
to grab a cab.
257
00:11:41,350 --> 00:11:44,490
Well, there aren't any
shops or anything for him
to stop at along the way.
258
00:11:44,553 --> 00:11:48,058
All right. The next train
to Riverdale was a 10:20.
259
00:11:48,124 --> 00:11:49,899
If he told his wife
he was workin' late,
260
00:11:49,959 --> 00:11:53,304
I doubt he'd want
to take a chance to
pick up a Danish and coffee.
261
00:11:53,363 --> 00:11:54,774
What about that
loadin' dock?
262
00:11:54,831 --> 00:11:56,834
Maybe somebody over
there saw somethin'.
263
00:11:58,502 --> 00:11:59,947
WORKER:
Holiday's are killin' us.
264
00:12:00,004 --> 00:12:01,779
Wholesalers don't get us
the shipments 'til 5:00,
265
00:12:01,839 --> 00:12:04,251
then we gotta load the trucks,
get 'em out by midnight.
266
00:12:04,308 --> 00:12:05,378
Were you guys out
here Wednesday night?
267
00:12:05,444 --> 00:12:07,287
Uh, Monday through Friday.
268
00:12:07,345 --> 00:12:10,349
Well, we're lookin'
for anybody who might've
seen this man.
269
00:12:10,415 --> 00:12:13,259
We think he might have
been grabbed off the street
somewhere along this block.
270
00:12:13,318 --> 00:12:15,229
It would've been
like 9:00, 9:30.
271
00:12:15,288 --> 00:12:18,132
He was wearin'
a suit and tie.
Uh, beige overcoat.
272
00:12:18,191 --> 00:12:19,431
He could have walked
right by here.
273
00:12:19,492 --> 00:12:21,733
If it's this one guy
I'm thinkin' about,
he didn't walk by here.
274
00:12:21,794 --> 00:12:23,364
ED: So, you saw him?
275
00:12:23,429 --> 00:12:25,603
Couldn't tell you
if it was him or not.
I was smokin' a cigarette.
276
00:12:25,666 --> 00:12:28,476
I saw this one guy talkin'
to some other guy.
277
00:12:28,802 --> 00:12:29,803
Do you remember
that guy?
278
00:12:29,870 --> 00:12:32,544
Uh, could be him,
I don't know.
It was across the street.
279
00:12:32,606 --> 00:12:34,176
ED: Well, what'd the
other one look like?
280
00:12:34,241 --> 00:12:35,744
Workin' guy,
had a ball cap on.
281
00:12:35,810 --> 00:12:38,654
They were both standin'
near a van over there.
282
00:12:38,713 --> 00:12:41,922
What kind of van?
A cable van.
Centurion.
283
00:12:41,983 --> 00:12:43,462
Reggie did mention
a cable van.
284
00:12:43,518 --> 00:12:44,792
The only reason
I remember that
285
00:12:44,853 --> 00:12:47,960
is 'cause the, uh,
well-dressed guy got
in on the driver's side.
286
00:12:48,090 --> 00:12:49,433
ED: Thanks, bro.
287
00:12:50,226 --> 00:12:51,671
PILSON: That last
appointments at 5:00.
288
00:12:51,727 --> 00:12:54,469
I don't show
anybody out in Chelsea
at that time or after.
289
00:12:54,530 --> 00:12:57,512
Was there any service
interruption in the area?
New installations?
290
00:12:57,567 --> 00:12:58,637
No, not around there.
291
00:12:58,702 --> 00:13:01,046
I mean,
since 9/11 we tabled
all the upgrades.
292
00:13:01,104 --> 00:13:02,481
As a matter of fact,
we're havin' a
hard enough time
293
00:13:02,539 --> 00:13:03,984
layin' all the
optics downtown.
294
00:13:04,040 --> 00:13:07,318
Well, this witness
was pretty sure it
was one of your vans.
295
00:13:07,378 --> 00:13:09,722
Any of your guys
ever take the vans
home for the night?
296
00:13:09,780 --> 00:13:12,260
Nah. they'll go out
for a bite or something
after work,
297
00:13:12,316 --> 00:13:15,059
but they don't take the
vans home overnight, no.
298
00:13:15,687 --> 00:13:17,325
Oh, hold on a second.
299
00:13:17,422 --> 00:13:20,869
You know, one of my cable
installers reported a van
stolen Wednesday night.
300
00:13:20,926 --> 00:13:22,269
Where?
301
00:13:22,327 --> 00:13:24,102
Uh, I don't have
any information
about that.
302
00:13:24,162 --> 00:13:25,972
We need to talk
to that installer.
303
00:13:26,032 --> 00:13:27,238
No problem.
304
00:13:30,370 --> 00:13:32,043
BRISCOE: We're sorry to
intrude on you're breakfast.
305
00:13:32,105 --> 00:13:33,550
No, no, it's okay.
What can I for you?
306
00:13:33,606 --> 00:13:35,314
Mr. Garcia,
we need to ask
you a few questions
307
00:13:35,376 --> 00:13:38,289
about that van
you reported stolen
on Wednesday night.
308
00:13:38,345 --> 00:13:42,020
Well, isn't much to tell.
I, uh, finished up
a job on 25th and 2nd.
309
00:13:42,082 --> 00:13:45,496
I came down with my gear
and the van was gone.
310
00:13:45,554 --> 00:13:46,897
What time was that?
311
00:13:47,522 --> 00:13:49,661
I got there sometime
around 4:00.
312
00:13:50,358 --> 00:13:53,464
Spent maybe, you know,
20, 30 minutes upstairs.
313
00:13:53,528 --> 00:13:55,668
BRISCOE: So,
about 4:30 then?
314
00:13:55,998 --> 00:13:57,204
Yeah, yeah, I guess.
315
00:13:57,266 --> 00:14:00,008
Did you happen to notice
anybody hangin' around
the van when you went up?
316
00:14:00,069 --> 00:14:01,912
You know,
maybe eyeing it?
317
00:14:01,971 --> 00:14:03,678
Mmm, no. No,
I didn't see anyone.
318
00:14:03,739 --> 00:14:06,346
(CELL PHONE RINGING)
Oh, excuse me. Yeah.
319
00:14:07,010 --> 00:14:09,251
That's a lot of trouble
for a stolen van.
320
00:14:09,313 --> 00:14:12,453
Well, we think
it may be connected
to another crime.
321
00:14:12,516 --> 00:14:14,929
Okay, thanks,
but tell them not
to move it, all right?
322
00:14:15,053 --> 00:14:16,589
Lennie, that's Cordova.
We gotta go.
323
00:14:16,654 --> 00:14:18,190
Sorry to bother you
and your family.
324
00:14:18,256 --> 00:14:19,667
No, no, it's okay.
325
00:14:22,193 --> 00:14:24,674
We roll up, find these
two citizens inside
326
00:14:24,730 --> 00:14:26,835
trying to help themselves
to some free HBO.
327
00:14:26,899 --> 00:14:28,674
Oh, they say
anything?
Yeah.
328
00:14:28,734 --> 00:14:29,974
"We ain't doin' nothin'."
329
00:14:30,035 --> 00:14:32,743
All right. we're gonna
have a little heart-to-heart
with these two.
330
00:14:32,805 --> 00:14:36,583
Meantime call operations
and have them tow
the van to the auto lab.
331
00:14:36,643 --> 00:14:39,419
And don't let anybody touch
anything inside or out.
Come on.
332
00:14:39,479 --> 00:14:41,015
OFFICER: You got it,
Detectives.
333
00:14:41,114 --> 00:14:43,219
You hear me?
They're gonna
fry your ass
334
00:14:43,283 --> 00:14:44,854
unless you start tellin'
me what happened.
335
00:14:44,919 --> 00:14:46,193
What happened
with what?
336
00:14:46,253 --> 00:14:49,097
Cable vans don't just
drive off by themselves.
337
00:14:49,156 --> 00:14:50,362
We didn't steal that van.
338
00:14:50,424 --> 00:14:51,562
So, how'd it
get there then?
339
00:14:51,625 --> 00:14:53,503
It's just been there, man.
I don't know.
340
00:14:53,562 --> 00:14:55,803
You know, the truth is,
that van is the least
of your worries.
341
00:14:55,864 --> 00:14:57,810
We got both of you on
kidnapping and murder.
342
00:14:57,866 --> 00:15:00,608
You trippin'.
Listen, I'm a homicide
detective, bro.
343
00:15:00,669 --> 00:15:02,273
You think I care
about a jacked van?
344
00:15:02,337 --> 00:15:04,682
Man, all we did was take
some cable, that's all,
345
00:15:04,741 --> 00:15:06,379
and we's comin' from
a shorty's crib, man.
346
00:15:06,442 --> 00:15:09,389
Somebody said somethin
about a cable van
by the Harlem River.
347
00:15:09,445 --> 00:15:11,925
So, me and my boys
came and checked it out.
348
00:15:11,981 --> 00:15:14,019
And then those cops
rolled up on us, man.
349
00:15:14,084 --> 00:15:16,826
BRISCOE: Any luck?
We just took
some cable, man.
350
00:15:18,188 --> 00:15:19,462
WORKER: I don't see him.
351
00:15:19,523 --> 00:15:21,059
BRISCOE: There's no rush
take your time.
352
00:15:21,125 --> 00:15:23,367
Nah. he was older
than these guys,
less street,
353
00:15:23,428 --> 00:15:26,773
and he had longer hair.
You know, he looked like
a workin' guy, not a kid.
354
00:15:29,734 --> 00:15:32,716
BRISCOE: Mr. Garcia,
got a few seconds?
355
00:15:32,772 --> 00:15:33,910
I was about
to end my shift.
356
00:15:33,973 --> 00:15:35,975
Well, this ain't
gonna take long.
357
00:15:36,041 --> 00:15:38,282
This about the van?
'Cause I turned in
all the forms.
358
00:15:38,344 --> 00:15:39,789
I gave all the information.
359
00:15:39,845 --> 00:15:41,415
Yeah, well,
a few other things
just popped up.
360
00:15:41,480 --> 00:15:43,154
Yeah. We're gonna need
you to come with us.
361
00:15:43,216 --> 00:15:44,786
You mean,
right now? Why?
362
00:15:44,851 --> 00:15:47,127
Is this your tool belt
Mr. Garcia?
363
00:15:47,621 --> 00:15:48,725
Yes.
364
00:15:48,789 --> 00:15:51,201
Ed, you know
what that is?
365
00:15:52,292 --> 00:15:53,863
A beveled edge.
366
00:15:56,197 --> 00:15:58,939
I keep telling you
the van got stolen.
367
00:15:59,000 --> 00:16:01,708
Yeah, except for what
you're tellin' us
ain't addin' up.
368
00:16:01,769 --> 00:16:03,875
Auto says the ignition
wasn't popped,
369
00:16:03,939 --> 00:16:06,385
and there's no
tool marks on
the steering column.
370
00:16:06,442 --> 00:16:08,285
Which means whoever
took it had the key.
371
00:16:08,343 --> 00:16:11,415
BRISCOE: Only that can't be
'cause we found the
key in your coat pocket.
372
00:16:11,480 --> 00:16:14,257
And that hammer that you had
that matches up real nice
with the murder weapon.
373
00:16:14,751 --> 00:16:16,856
There's thousands of
those kind of hammers.
374
00:16:16,920 --> 00:16:18,831
What'd you wash it off, Tony?
375
00:16:18,888 --> 00:16:20,390
You think that's gonna help?
376
00:16:20,457 --> 00:16:23,769
'Cause we got chemicals
and ultra violet light scans.
377
00:16:23,828 --> 00:16:25,466
The odds are you
missed somethin.
378
00:16:25,529 --> 00:16:27,099
So, it'd be better for you
all the way around
379
00:16:27,164 --> 00:16:28,939
if you tell us
before we find out.
380
00:16:28,999 --> 00:16:31,605
BRISCOE: So, d'you
get in a beef with
this guy Slater or what?
381
00:16:33,605 --> 00:16:35,380
Mr. Garcia's
personal effects.
382
00:16:36,508 --> 00:16:38,988
Desk sarge wants
to know if he's
going or staying?
383
00:16:39,344 --> 00:16:40,345
Staying-
384
00:16:42,148 --> 00:16:43,923
BRISCOE: You're not helpin'
yourself here, Tony.
385
00:16:43,983 --> 00:16:46,520
No matter what happened,
you're only makin' it worse.
386
00:16:46,719 --> 00:16:49,165
Hey, Lennie,
check this out.
387
00:16:51,257 --> 00:16:53,169
Mr. Garcia's health
insurance card.
388
00:16:54,394 --> 00:16:56,305
Fairhaven Insurance.
389
00:17:03,771 --> 00:17:07,514
Garcia asked for
a lawyer as soon as
we found the insurance card.
390
00:17:07,642 --> 00:17:09,417
We confirmed he has
a policy with Fairhaven?
391
00:17:09,477 --> 00:17:10,979
Through his health
plan at work.
392
00:17:11,045 --> 00:17:12,150
Did he know Slater?
393
00:17:12,214 --> 00:17:13,557
Well, we haven't
gotten that far yet.
394
00:17:13,616 --> 00:17:17,723
But the forensic lab
says Garcia's hammer tested
positive for human blood.
395
00:17:17,787 --> 00:17:20,529
Well, the sample's too
degraded for typing.
Slater's?
396
00:17:20,589 --> 00:17:23,594
The lab thinks he might
have used some kind
of cleaning agent.
397
00:17:23,660 --> 00:17:25,003
Do we have
anything on motive?
398
00:17:25,061 --> 00:17:28,804
So far, just the connection
to the health insurance
company Slater worked for.
399
00:17:29,599 --> 00:17:31,807
You guys process Garcia,
I'll run it down.
400
00:17:36,541 --> 00:17:39,954
Mr. Garcia's covered
by one of our group
health insurance plans.
401
00:17:40,077 --> 00:17:42,319
What was Mr. Slater's
connection to him?
402
00:17:42,781 --> 00:17:45,557
Mr. Slater was the
plan's coordinator.
403
00:17:45,617 --> 00:17:48,291
He coordinated the selection
of in-plan providers,
404
00:17:48,387 --> 00:17:51,028
coverage issues,
things of that nature.
405
00:17:51,090 --> 00:17:53,593
Did he have any direct
involvement with Mr. Garcia?
406
00:17:54,694 --> 00:17:57,402
Most communication
would've gone
through Ms. Reeves.
407
00:17:57,464 --> 00:17:59,444
She was the Garcia's
claims manager.
408
00:18:00,667 --> 00:18:03,911
Did Mr. Garcia have any
problems with his coverage?
409
00:18:04,438 --> 00:18:06,475
Uh, as much as
we'd like to help,
410
00:18:06,540 --> 00:18:10,044
the medical records or
conditions of our insured
411
00:18:10,110 --> 00:18:11,681
are a matter of
strict privilege.
412
00:18:11,746 --> 00:18:14,659
These records are now part
of a murder investigation.
413
00:18:14,716 --> 00:18:17,424
I'm sorry,
but that doesn't
change our obligation
414
00:18:17,519 --> 00:18:19,829
to maintain the
insured's privacy.
415
00:18:23,793 --> 00:18:25,204
If we can confirm
the kidnapping,
416
00:18:25,261 --> 00:18:26,968
we're probably
looking at murder one.
417
00:18:27,029 --> 00:18:28,770
Well, we might have
a problem with that.
418
00:18:28,831 --> 00:18:30,778
Fairhaven won't release
his medical records.
419
00:18:30,834 --> 00:18:32,040
Why not?
420
00:18:32,135 --> 00:18:34,843
They claim they're
protecting the privacy
of their insured.
421
00:18:35,172 --> 00:18:37,709
An insured who murdered
one of their employees.
422
00:18:37,774 --> 00:18:39,310
Bureaucracy run wild.
423
00:18:39,376 --> 00:18:41,482
The cost of a
litigious society.
424
00:18:42,113 --> 00:18:43,649
Get a subpoena.
425
00:18:47,685 --> 00:18:49,665
SERENA: Your Honor,
the People's subpoena
for medical files
426
00:18:49,721 --> 00:18:51,895
is directed at
Fairhaven Insurance.
427
00:18:51,957 --> 00:18:54,836
The defendant has
no standing here to
quash that application.
428
00:18:54,894 --> 00:18:57,500
Judge, it's our position
that in seeking
these medical records,
429
00:18:57,563 --> 00:18:59,099
the People hope to
establish a motive
430
00:18:59,164 --> 00:19:01,577
for the murder indictment
my client is currently
charged with.
431
00:19:02,402 --> 00:19:05,042
Why? What's in
these medical records?
432
00:19:05,372 --> 00:19:08,046
So far, the insurance
company's refused
to tell us anything.
433
00:19:08,108 --> 00:19:11,147
Because we've found
no basis on which to
terminate the privilege.
434
00:19:11,212 --> 00:19:13,419
Your Honor,
when the defendant
enrolled with Fairhaven,
435
00:19:13,481 --> 00:19:15,188
he signed a release form
allowing the company
436
00:19:15,249 --> 00:19:18,492
to share his medical
information with anyone
the company deemed necessary.
437
00:19:18,553 --> 00:19:20,158
Is that true, Mr. Margolis?
438
00:19:20,222 --> 00:19:21,599
Yes, Your Honor.
439
00:19:22,124 --> 00:19:24,730
Then tell me what the hell
we're all doing here?
440
00:19:25,093 --> 00:19:28,870
The records that fall within
the scope of the subpoena
are not Mr. Garcia's.
441
00:19:28,931 --> 00:19:30,605
Whose medical
records are they?
442
00:19:32,168 --> 00:19:33,442
His daughter's.
443
00:19:36,339 --> 00:19:37,443
What's wrong with her?
444
00:19:37,507 --> 00:19:38,815
SERENA: Well, according
to her teacher,
445
00:19:38,875 --> 00:19:42,949
Courtney Garcia
suffers from CML.
Chronic Myelogenous Leukemia.
446
00:19:43,013 --> 00:19:44,458
How old is she?
Nine.
447
00:19:45,583 --> 00:19:48,154
Why would the insurance
company want to keep us
in the dark on this?
448
00:19:48,218 --> 00:19:50,699
JACK: My guess is
once they realized
Garcia's legal position,
449
00:19:50,755 --> 00:19:52,962
they saw an opportunity
to protect themselves.
450
00:19:53,024 --> 00:19:55,868
Well, whatever the issues
are involved with
Courtney Garcia's care,
451
00:19:55,927 --> 00:19:58,567
neither her father
nor Fairhaven want
them coming out.
452
00:19:58,630 --> 00:19:59,871
What are the
issues involved?
453
00:19:59,932 --> 00:20:01,309
Well, so far,
we don't know.
454
00:20:02,001 --> 00:20:05,710
Garcia's lawyer claims
releasing his daughter's
medical records
455
00:20:05,771 --> 00:20:08,615
violates his right against
self-incrimination.
456
00:20:08,674 --> 00:20:10,746
So, Garcia's hiding
behind his daughter,
457
00:20:10,811 --> 00:20:12,722
and Fairhaven's
hiding behind Garcia.
458
00:20:12,779 --> 00:20:14,918
This is one
big smokescreen.
459
00:20:15,349 --> 00:20:17,295
Does this child
have a mother?
SERENA: Yes.
460
00:20:17,351 --> 00:20:19,798
Find her. Find out
what she has to say.
461
00:20:21,456 --> 00:20:24,062
My husband's a good man.
Good father.
462
00:20:24,759 --> 00:20:26,238
I'm sure he is,
Mrs. Garcia,
463
00:20:26,294 --> 00:20:28,501
but so far he refuses
to tell us anything.
464
00:20:29,131 --> 00:20:30,474
COURTNEY: Mommy.
465
00:20:30,899 --> 00:20:32,537
You said you'd
read to me.
466
00:20:33,369 --> 00:20:35,508
I will, sweetheart,
I'll be right in.
467
00:20:36,271 --> 00:20:38,946
Just give me a few minutes,
with this lady, okay?
468
00:20:39,175 --> 00:20:40,381
It's okay.
469
00:20:41,778 --> 00:20:43,655
Just get in bed
and I'll be right in.
470
00:20:46,449 --> 00:20:50,057
Mrs. Garcia, we need to know
why your husband would
have attacked Mr. Slater.
471
00:20:52,289 --> 00:20:55,395
His lawyer says you
just want information so
you can send him to jail.
472
00:20:55,493 --> 00:20:57,404
We can't make any decision
about your husband
473
00:20:57,461 --> 00:20:59,533
until we understand
what happened and why.
474
00:21:02,000 --> 00:21:03,946
My husband's lawyer says
that you can't force me
475
00:21:04,002 --> 00:21:06,744
to give evidence
against him because
I'm his wife.
476
00:21:08,875 --> 00:21:10,718
Well, your husband's
lawyer is mistaken,
477
00:21:12,211 --> 00:21:14,555
and if he does find
a judge willing to
entertain his motion,
478
00:21:14,647 --> 00:21:16,888
we'll be forced to make
a motion of our own.
479
00:21:18,152 --> 00:21:20,325
To appoint a guardian
to your daughter.
480
00:21:21,622 --> 00:21:23,932
What do you mean
a guardian? For what?
481
00:21:24,058 --> 00:21:27,267
To ensure that someone's
acting in your daughter's
best interest.
482
00:21:27,996 --> 00:21:29,270
You can't do that.
483
00:21:29,330 --> 00:21:32,903
If you don't provide us
with her medical records,
we won't have a choice.
484
00:21:37,907 --> 00:21:41,445
Mrs. Garcia's consent
requires that you produce
485
00:21:41,510 --> 00:21:44,218
the complete medical
records of her daughter,
Courtney.
486
00:21:44,280 --> 00:21:46,191
And the court's
subpoena requires
that you answer
487
00:21:46,248 --> 00:21:49,162
any questions we
might have in relation
to those records.
488
00:21:51,655 --> 00:21:54,397
The girl has leukemia.
When was she first diagnosed?
489
00:21:54,458 --> 00:21:55,994
Six months ago.
490
00:21:56,059 --> 00:21:58,768
And what was Warren
Slater's involvement
with her case?
491
00:21:58,830 --> 00:22:02,141
He was the senior member
of a committee which
approved treatment.
492
00:22:02,200 --> 00:22:04,680
Were there any problems
with Courtney's coverage?
493
00:22:05,470 --> 00:22:08,247
Was treatment withheld
or denied in any way?
494
00:22:10,175 --> 00:22:14,624
We recently authorized
190,000 for a bone
marrow transplant.
495
00:22:14,680 --> 00:22:17,251
I'd call that
adequate coverage,
wouldn't you?
496
00:22:17,316 --> 00:22:19,957
We're more concerned with
what her father thought.
497
00:22:23,223 --> 00:22:26,898
If you'd like, we could
continue these questions
in front of a grand jury.
498
00:22:30,898 --> 00:22:34,072
She was initially
treated with hydroxyurea
499
00:22:34,135 --> 00:22:36,172
to get her white blood
cell count down.
500
00:22:36,704 --> 00:22:39,151
Once she was stabilized,
we told the Garcias
501
00:22:39,207 --> 00:22:41,244
it was time to
consider a BMT.
502
00:22:41,309 --> 00:22:42,617
A BMT?
503
00:22:42,711 --> 00:22:44,622
A bone marrow transplant.
504
00:22:44,713 --> 00:22:45,987
They opposed it?
505
00:22:47,517 --> 00:22:49,121
They got a second opinion.
506
00:22:53,556 --> 00:22:56,696
BMTs are a
standard treatment,
but they're no panacea.
507
00:22:56,860 --> 00:23:01,172
Success rates with an
unrelated matched donor
are around 50 to 60%.
508
00:23:01,231 --> 00:23:03,734
Not great odds.
No. Even worse
in this case.
509
00:23:03,800 --> 00:23:05,802
Given the fact that
Courtney has no siblings
510
00:23:05,869 --> 00:23:07,907
and that she's of
Hispanic decent,
511
00:23:07,972 --> 00:23:11,579
her chances of
finding a compatible
donor are very slim.
512
00:23:11,643 --> 00:23:14,317
I also advised the Garcias
that if they chose a BMT,
513
00:23:14,379 --> 00:23:17,486
the best hospital was here
as opposed to Brady Memorial
514
00:23:17,550 --> 00:23:19,621
where Fairhaven
has a contract.
515
00:23:19,685 --> 00:23:21,358
Brady Memorial's
not up to par?
516
00:23:21,420 --> 00:23:24,560
Well, they've only
been performing
BMTs for two years.
517
00:23:25,458 --> 00:23:28,167
So, what treatment
did you recommend,
Dr. Friedman?
518
00:23:29,029 --> 00:23:30,372
Gleevec?
519
00:23:30,430 --> 00:23:31,966
It's a newly
approved FDA drug,
520
00:23:32,032 --> 00:23:35,570
and early studies
show a cure rate of
almost 90% for CML.
521
00:23:35,635 --> 00:23:38,515
Explains why Garcia
was so anxious to
get the treatment.
522
00:23:39,207 --> 00:23:40,777
Why is the insurance
company opposed?
523
00:23:41,242 --> 00:23:44,052
$2,500 a month,
potentially for life.
524
00:23:44,111 --> 00:23:46,854
Well, it's a hell
of a lot more than
a bone marrow transplant.
525
00:23:46,915 --> 00:23:48,917
If there was criminal
conduct here, believe me,
526
00:23:48,984 --> 00:23:50,895
I'd be the first one
to go after them,
527
00:23:50,953 --> 00:23:52,830
but there were medical
opinions on both sides.
528
00:23:52,888 --> 00:23:55,095
No. I'm not talking
about going after Fairhaven,
529
00:23:55,157 --> 00:23:57,638
I'm talking about what
was in this father's mind.
530
00:23:57,694 --> 00:23:59,674
Take a look at
the autopsy photos.
531
00:24:01,798 --> 00:24:05,143
Part of our job
is to differentiate
criminal conduct.
532
00:24:05,735 --> 00:24:07,682
In my mind, there's
a huge difference
533
00:24:07,738 --> 00:24:10,150
between killing someone
over a parking space
534
00:24:10,774 --> 00:24:14,278
and killing someone you think
just gave your daughter
a death sentence.
535
00:24:14,345 --> 00:24:16,883
Let's take murder one
off the table.
Offer murder two.
536
00:24:17,983 --> 00:24:21,192
Garcia can make a pitch
for leniency in front
of the sentencing judge.
537
00:24:22,354 --> 00:24:23,594
Do it.
538
00:24:27,994 --> 00:24:30,873
MARGOLIS: You're still talking
about a 15-to-life minimum.
539
00:24:32,164 --> 00:24:33,837
I can't do this.
540
00:24:33,900 --> 00:24:36,745
I don't think you understand,
this is a very generous offer.
541
00:24:36,803 --> 00:24:39,079
Your client should be aware
that if he declines it,
542
00:24:39,139 --> 00:24:41,642
we're prepared to present
murder one to the grand jury.
543
00:24:42,276 --> 00:24:43,346
Murder one?
544
00:24:43,410 --> 00:24:46,449
When he took Mr. Slater
captive, he committed
a kidnapping.
545
00:24:46,514 --> 00:24:49,324
The murder occurred
during the commission
of an underlying felony.
546
00:24:51,119 --> 00:24:52,427
I can't go to jail.
547
00:24:52,520 --> 00:24:55,126
We're way beyond
whether you're going
to prison, Mr. Garcia.
548
00:24:55,189 --> 00:24:57,397
The only question now
is whether it's forever.
549
00:24:57,927 --> 00:25:00,168
I did what I did to
save my daughter's life.
550
00:25:00,896 --> 00:25:04,105
MARGOLIS: Tony.
Courtney won't be
here in 15 years.
551
00:25:04,933 --> 00:25:08,381
Probably won't be
here in six months.
She needs me now.
552
00:25:11,274 --> 00:25:12,878
You have your answer,
counselors.
553
00:25:13,810 --> 00:25:15,222
You also have
our defense.
554
00:25:20,618 --> 00:25:21,892
Justification?
555
00:25:22,620 --> 00:25:24,691
Taking of life in
defense of another.
556
00:25:25,924 --> 00:25:28,131
If it works, he walks
out a free man.
557
00:25:29,328 --> 00:25:32,241
It's the only chance I have
to be there for my daughter.
558
00:25:38,805 --> 00:25:41,809
Garcia's position is that
it was justifiable homicide
559
00:25:41,874 --> 00:25:43,876
because Slater was
killing his daughter
560
00:25:43,943 --> 00:25:45,548
by not giving her the Gleevec.
561
00:25:46,313 --> 00:25:48,088
It's the defense
of last resort.
562
00:25:48,849 --> 00:25:52,922
A jury might swallow it
if they believe Slater was
aware of the drug's promise
563
00:25:52,986 --> 00:25:55,695
but opted for a bone
marrow transplant instead.
564
00:25:55,757 --> 00:25:58,533
But Garcia would
have to show he had
a reasonable belief
565
00:25:58,660 --> 00:26:01,231
that by killing Slater
he would save his daughter.
566
00:26:01,296 --> 00:26:04,744
According to the file, Jack,
the original claims manager
567
00:26:04,800 --> 00:26:06,802
concurred with the
second opinion.
568
00:26:06,869 --> 00:26:08,906
Slater was the one
who blocked it.
569
00:26:09,004 --> 00:26:10,745
There's no way one
man made this decision.
570
00:26:10,806 --> 00:26:13,252
Even if he did,
he can't justify murder.
571
00:26:14,611 --> 00:26:16,682
Let's hope a jury
agrees with you.
572
00:26:17,180 --> 00:26:19,319
You know, World Trade
Center or not,
573
00:26:19,383 --> 00:26:22,660
people today want
to hear about cooperation
and sacrifice.
574
00:26:22,719 --> 00:26:25,792
They don't want
to hear about greed
and a corporate bottom line.
575
00:26:25,857 --> 00:26:28,497
Warren Slater was killed
for doing nothing more
than his job.
576
00:26:29,027 --> 00:26:30,165
True.
577
00:26:30,528 --> 00:26:32,439
But if they portray him
as a man who blocked
578
00:26:32,497 --> 00:26:34,307
this little girl's last
chance of survival,
579
00:26:34,366 --> 00:26:36,004
I'm not sure
a jury will care.
580
00:26:36,402 --> 00:26:38,040
It's our job to
make them care.
581
00:26:41,907 --> 00:26:44,582
RODGERS: The impact
was to the rear
of Mr. Slater's skull.
582
00:26:44,644 --> 00:26:47,386
Indicating he'd been
attacked from behind.
583
00:26:47,881 --> 00:26:51,328
The force of the blow crushed
the skull and penetrated
deep into the brain matter.
584
00:26:51,818 --> 00:26:55,494
I'm showing you what has
been marked in evidence
as People's nine.
585
00:26:56,323 --> 00:27:00,533
Did you draw any
conclusion as to whether this
hammer was the murder weapon?
586
00:27:00,594 --> 00:27:02,005
It was.
587
00:27:02,062 --> 00:27:04,907
Did you find any evidence
of defensive wounds?
588
00:27:05,066 --> 00:27:06,511
No. I did not.
589
00:27:06,568 --> 00:27:09,310
And what conclusion did
you draw from that fact?
590
00:27:09,371 --> 00:27:13,821
That there was no struggle,
and that Mr. Slater probably
never even knew what hit him.
591
00:27:15,945 --> 00:27:17,947
We heard testimony
that Mr. Slater
592
00:27:18,014 --> 00:27:20,858
denied Courtney Garcia
coverage for Gleevec
593
00:27:21,417 --> 00:27:24,228
in favor of a bone
marrow transplant.
594
00:27:24,521 --> 00:27:27,695
Yes, and it was absolutely
the right call.
595
00:27:28,125 --> 00:27:29,570
Why do you say that?
596
00:27:29,960 --> 00:27:32,065
Gleevec looks good
in the early studies,
597
00:27:32,129 --> 00:27:34,974
but no one really
knows if it will pan
out long term.
598
00:27:35,667 --> 00:27:40,810
That's why we believe
a BMT holds the best hope for
Courtney's long-term survival.
599
00:27:40,872 --> 00:27:42,977
Was that Mr. Slater's
opinion as well?
600
00:27:43,042 --> 00:27:44,680
Warren took his
job very seriously.
601
00:27:45,778 --> 00:27:48,122
He believed insurance
could save lives,
602
00:27:48,180 --> 00:27:50,922
but only if it was
applied responsibly.
603
00:27:51,417 --> 00:27:54,729
He thought the provision
of Gleevec would be
irresponsible then?
604
00:27:55,555 --> 00:27:57,967
We've all seen promising
drugs come and go.
605
00:27:58,758 --> 00:28:02,365
Warren wouldn't risk
the company's future on
an unproven product.
606
00:28:02,429 --> 00:28:03,841
That would've been
a breach of trust.
607
00:28:03,898 --> 00:28:08,347
So, cost didn't have
anything to do with
the company's decision?
608
00:28:10,338 --> 00:28:14,116
Cost is always part
of the equation.
609
00:28:14,176 --> 00:28:16,452
If we covered every
treatment or drug
on the market,
610
00:28:16,512 --> 00:28:18,753
the entire insurance
industry would go bankrupt.
611
00:28:19,681 --> 00:28:21,388
Sometimes we
have to say no
612
00:28:22,251 --> 00:28:23,993
when all people
want to hear is yes.
613
00:28:24,053 --> 00:28:28,160
It's difficult, but it's
just a fact of life.
614
00:28:31,227 --> 00:28:34,072
In Courtney Garcia's case,
it's also a fact
of death, isn't it?
615
00:28:34,465 --> 00:28:36,467
The decision to deny
coverage for Gleevec?
616
00:28:36,534 --> 00:28:37,979
JACK: Objection.
JUDGE: Sustained.
617
00:28:40,604 --> 00:28:43,518
Tell me, Ms. Ames,
how much does Gleevec
cost to administer, roughly?
618
00:28:43,909 --> 00:28:45,513
About $2,500.
619
00:28:45,577 --> 00:28:48,615
That's per month,
possibly for life?
620
00:28:48,680 --> 00:28:50,216
Yes.
621
00:28:50,282 --> 00:28:54,891
So, figure a life expectancy
of about 70 years, that
makes it about $2,000,000.
622
00:28:55,821 --> 00:28:57,528
It's a lot more than
a bone marrow transplant.
623
00:28:57,623 --> 00:29:02,835
The BMT had long-term studies
supporting its effectiveness.
Gleevec didn't.
624
00:29:02,896 --> 00:29:05,570
Ms. Ames,
the likelihood that
Courtney Garcia will find
625
00:29:05,632 --> 00:29:08,511
a bone marrow donor
is almost nil,
isn't that right?
626
00:29:09,369 --> 00:29:13,011
There are close to
a million people on
the national donor registry.
627
00:29:13,708 --> 00:29:17,315
How many of those have been
confirmed as a positive match
for Courtney Garcia to date?
628
00:29:20,915 --> 00:29:22,156
So far, none.
629
00:29:22,218 --> 00:29:23,822
So, you approved
a treatment
630
00:29:23,886 --> 00:29:27,265
that this little girl has
no chance of ever living
long enough to receive.
631
00:29:30,859 --> 00:29:32,840
MARGOLIS: Maybe that was
the point all along.
632
00:29:39,669 --> 00:29:42,583
All I'm saying is the
man's daughter was dying.
633
00:29:42,640 --> 00:29:45,018
That's not something a
jury is likely to ignore.
634
00:29:45,109 --> 00:29:46,782
A horrible thing
happened to this family.
635
00:29:46,844 --> 00:29:50,087
But since when did
a child's illness
636
00:29:50,147 --> 00:29:52,321
become the fault of
an insurance company?
637
00:29:52,885 --> 00:29:54,364
JACK:
Slater was in a tough spot,
638
00:29:55,187 --> 00:29:57,997
having to decide about
an unproven treatment
639
00:29:58,056 --> 00:30:00,502
with the possibility of
bankrupting health care
640
00:30:00,559 --> 00:30:02,801
for everyone else
that Fairhaven insures.
641
00:30:03,162 --> 00:30:05,608
So, now companies decide
who lives and dies.
642
00:30:06,399 --> 00:30:08,140
You're describing
corporate euthanasia.
643
00:30:08,668 --> 00:30:11,012
SERENA: Look, we have
the technology today
to keep people alive,
644
00:30:11,070 --> 00:30:13,381
but just because we can,
doesn't mean we should.
645
00:30:13,440 --> 00:30:14,942
LEWIN: She's nine years old,
646
00:30:15,175 --> 00:30:17,883
her father thought there
was a drug out there
that could save her.
647
00:30:18,312 --> 00:30:20,292
JACK: Which is why we took
murder one off the table.
648
00:30:20,948 --> 00:30:23,429
But if he's gonna thumb
his nose at the criminal
justice system,
649
00:30:23,485 --> 00:30:25,021
what choice do we have?
650
00:30:25,086 --> 00:30:27,362
Maybe it's time we think
about offering man one.
(TELEPHONE RINGING)
651
00:30:29,457 --> 00:30:31,961
He turned down murder two
He doesn't want
to do any time.
652
00:30:32,028 --> 00:30:33,029
Yes?
653
00:30:34,363 --> 00:30:35,467
Thank you.
654
00:30:35,898 --> 00:30:38,504
The insurance company
has reversed their decision.
655
00:30:38,901 --> 00:30:41,382
They're gonna give Courtney
Garcia the Gleevec.
656
00:30:43,040 --> 00:30:44,849
Motion to preclude?
That's absurd.
657
00:30:44,941 --> 00:30:47,217
If the jury hears
about Fairhaven's reversal,
658
00:30:47,277 --> 00:30:49,018
they'll think that
Garcia was right,
659
00:30:49,112 --> 00:30:50,922
that if he killed
Warren Slater,
660
00:30:50,982 --> 00:30:52,928
his daughter would get
approved for Gleevec.
661
00:30:52,984 --> 00:30:54,327
Which is exactly
what's happened.
662
00:30:54,385 --> 00:30:57,229
JACK: Who knows why
the insurance company
changed its decision?
663
00:30:57,288 --> 00:30:59,393
Public pressure,
negative press.
664
00:30:59,457 --> 00:31:02,268
The point is the defendant
couldn't have known about it
665
00:31:02,327 --> 00:31:04,273
at the time he
killed Mr. Slater.
666
00:31:05,097 --> 00:31:07,202
Judge, our whole defense
is premised on the notion
667
00:31:07,266 --> 00:31:08,802
that in taking
Mr. Slater's life,
668
00:31:08,867 --> 00:31:11,576
Mr. Garcia believed he was
saving the life of his child.
669
00:31:12,172 --> 00:31:13,913
Now, why not let a jury
have all of the facts
670
00:31:13,973 --> 00:31:15,919
so that they can decide
if that belief was reasonable.
671
00:31:15,976 --> 00:31:19,924
Because Fairhaven's decision
could be completely
unrelated to Slater's death.
672
00:31:21,415 --> 00:31:23,258
I agree with Mr. McCoy.
673
00:31:23,317 --> 00:31:27,857
Evidence of the company's
decision could be given
undue weight by a jury.
674
00:31:27,922 --> 00:31:29,526
Your Honor...
That said,
675
00:31:30,092 --> 00:31:32,197
I will allow the defense
to present evidence
676
00:31:32,260 --> 00:31:35,707
regarding Mr. Garcia's
state of mind at the time
of the murder.
677
00:31:36,098 --> 00:31:39,705
If this jury wants
to decide that the ends
justified the means,
678
00:31:40,036 --> 00:31:41,276
so be it.
679
00:31:41,904 --> 00:31:43,781
But I'm not giving
them a sneak peak.
680
00:31:49,779 --> 00:31:51,987
MARGOLIS: As the claims
manager for Courtney Garcia
681
00:31:52,049 --> 00:31:55,223
you were reasonable for
day-to-day decisions regarding
her medical coverage.
682
00:31:55,719 --> 00:31:57,426
That's right. I still am.
683
00:31:57,488 --> 00:32:00,026
So, when the issue
of Gleevec came up,
what was your decision?
684
00:32:00,892 --> 00:32:02,997
It doesn't
work that way.
685
00:32:03,061 --> 00:32:05,769
When a treatment exceeds
certain parameters...
686
00:32:05,830 --> 00:32:07,070
MARGOLIS: Financial
parameters.
687
00:32:08,199 --> 00:32:09,371
Yes.
688
00:32:10,136 --> 00:32:14,175
Then it's my responsibility
to present the matter for a
committee determination.
689
00:32:14,573 --> 00:32:16,951
And Mr. Slater was the
head of that committee?
690
00:32:17,043 --> 00:32:18,317
REEVES: Yes.
691
00:32:20,113 --> 00:32:21,183
You ever speak
with the Garcias
692
00:32:21,248 --> 00:32:23,057
about the committee's
determination on Gleevec?
693
00:32:24,017 --> 00:32:25,189
Yes.
694
00:32:25,252 --> 00:32:26,663
What'd you
tell them?
695
00:32:26,720 --> 00:32:28,256
That it was a close vote.
696
00:32:29,624 --> 00:32:30,694
Three-two.
697
00:32:31,859 --> 00:32:33,998
MARGOLIS: And did
you tell Mr. Garcia
698
00:32:34,061 --> 00:32:36,371
that Warren Slater cast
the deciding vote?
699
00:32:37,632 --> 00:32:39,009
I may have.
700
00:32:40,135 --> 00:32:42,615
And did you also
tell Mr. Garcia
of your own vote?
701
00:32:43,605 --> 00:32:46,586
I think I just told him that
under different circumstances,
702
00:32:46,642 --> 00:32:48,417
it c:could've gone
the other way.
703
00:32:50,447 --> 00:32:52,256
MARGOLIS: Thank you.
Nothing further.
704
00:32:53,450 --> 00:32:56,158
You never told the defendant
that Warren Slater's murder
705
00:32:56,219 --> 00:32:59,133
would result in the reversal
of the committee's decision?
706
00:32:59,356 --> 00:33:01,131
Of course not.
Did you imply it?
707
00:33:01,192 --> 00:33:02,330
No.
708
00:33:02,927 --> 00:33:07,603
There were two other votes
besides Mr. Slater's
denying the coverage.
709
00:33:07,798 --> 00:33:08,903
Yes.
710
00:33:08,967 --> 00:33:12,039
And based on your
discussion with Mr. Garcia,
he was aware of that.
711
00:33:12,103 --> 00:33:15,550
Objection. the witness
can't speculate as to
Mr. Garcia's state of mind.
712
00:33:15,607 --> 00:33:21,024
Miss Reeves, did you tell the
defendant that three votes had
been cast against the Gleevec?
713
00:33:22,949 --> 00:33:24,155
Yes.
714
00:33:26,252 --> 00:33:27,492
Nothing further.
715
00:33:29,323 --> 00:33:30,802
TONY: She's our only child.
716
00:33:31,892 --> 00:33:34,133
My wife and I had such
a tough time conceiving.
717
00:33:34,194 --> 00:33:37,664
So, when Courtney was born,
she was like a miracle for us.
718
00:33:38,633 --> 00:33:40,112
When was she diagnosed?
719
00:33:40,168 --> 00:33:43,206
Eight months ago
She came home
from school
720
00:33:44,572 --> 00:33:46,347
complaining she was tired,
721
00:33:46,975 --> 00:33:51,186
and we thought,
you know, she was
probably just run down.
722
00:33:52,248 --> 00:33:54,728
When your kid's nine
years old you never think...
723
00:33:58,655 --> 00:34:00,760
But, uh, it was...
It was leukemia.
724
00:34:02,192 --> 00:34:03,728
What was her prognosis?
725
00:34:03,793 --> 00:34:07,331
She responded good
to the hydroxyurea,
726
00:34:07,397 --> 00:34:09,935
but Fairhaven told us that
was just buying us time,
727
00:34:10,801 --> 00:34:12,246
and that's when
they let us know
728
00:34:12,303 --> 00:34:15,284
that Courtney needed
a bone marrow transplant.
729
00:34:15,906 --> 00:34:17,613
What'd you think about that?
730
00:34:17,675 --> 00:34:19,519
Well, we didn't
know what to think.
731
00:34:19,578 --> 00:34:22,650
So, we got a second opinion
and that's when we found out
732
00:34:22,714 --> 00:34:25,593
that Courtney's chances of
finding a donor were bad.
733
00:34:25,651 --> 00:34:28,531
What was
recommended instead?
Gleevec.
734
00:34:28,588 --> 00:34:31,091
And we called
Ms. Reeves.
She was supportive,
735
00:34:31,658 --> 00:34:33,899
and she told us she
had to present it
to the committee
736
00:34:34,260 --> 00:34:36,433
and to her boss
first, Mr. Slater.
737
00:34:37,564 --> 00:34:41,377
And about a week later,
she called back and told us
the decision was no.
738
00:34:42,069 --> 00:34:43,207
How'd you react?
739
00:34:43,270 --> 00:34:45,011
(STAMMERS) I said, "How...
What the hell do
you mean, no?
740
00:34:45,072 --> 00:34:48,020
"There's a drug out there
that could save my
daughter's life
741
00:34:48,076 --> 00:34:49,487
"and you don't wanna
give it to her?"
742
00:34:50,445 --> 00:34:52,288
She just said she was sorry.
743
00:34:54,082 --> 00:34:55,390
What'd you do next?
744
00:34:55,917 --> 00:35:01,698
Well, we tried to register
people as marrow donors,
we tried to raise money,
745
00:35:02,058 --> 00:35:03,799
but there was
just no time.
746
00:35:03,859 --> 00:35:06,840
You know, Courtney
was getting sicker
and sicker and,
747
00:35:07,564 --> 00:35:10,443
I mean, we...
I even called
this guy every day,
748
00:35:10,500 --> 00:35:12,070
but he'd never get
on the phone.
749
00:35:14,037 --> 00:35:15,710
So, what'd you finally
decide to do?
750
00:35:15,772 --> 00:35:17,184
I decided to follow him.
751
00:35:17,976 --> 00:35:21,355
I forced him into my van
and we just drove around.
752
00:35:21,412 --> 00:35:22,857
Doing what?
753
00:35:22,914 --> 00:35:24,951
I was just tryin' to tell
him about Courtney.
754
00:35:25,083 --> 00:35:27,928
About how she meant
everything to us.
755
00:35:27,987 --> 00:35:29,489
He just said there was
nothin' he could do.
756
00:35:29,555 --> 00:35:31,228
Only we both knew
it wasn't true.
757
00:35:33,259 --> 00:35:34,260
You know?
758
00:35:35,461 --> 00:35:38,306
And that's when
I realized that he was
never gonna help us.
759
00:35:40,800 --> 00:35:42,143
I'm sorry.
760
00:35:43,003 --> 00:35:45,711
But there's no way
I was gonna let this
man kill my child.
761
00:35:55,983 --> 00:35:59,693
Mr. Slater wasn't
killing your daughter,
Mr. Garcia, leukemia was.
762
00:36:00,222 --> 00:36:01,758
Not if she got the Gleevec.
763
00:36:02,324 --> 00:36:04,031
Is that what you believed?
764
00:36:04,092 --> 00:36:05,765
That Gleevec was a guarantee?
765
00:36:05,827 --> 00:36:07,535
It was her only chance.
766
00:36:09,199 --> 00:36:11,475
Come on, Mr. Garcia,
767
00:36:13,269 --> 00:36:18,049
did you really believe
that killing Mr. Slater
would save your daughter?
768
00:36:19,376 --> 00:36:21,856
Or were you just angry?
769
00:36:21,945 --> 00:36:25,950
Angry at the lousy
luck your daughter
was forced to endure?
770
00:36:26,016 --> 00:36:29,692
These people had
no right to take
this away from her!
771
00:36:29,854 --> 00:36:31,299
These people?
772
00:36:34,693 --> 00:36:37,197
I thought it was Mr. Slater
who was to blame.
773
00:36:37,263 --> 00:36:38,606
It was Slater.
774
00:36:38,664 --> 00:36:42,134
Three people voted against
the coverage, Mr. Garcia.
775
00:36:43,970 --> 00:36:45,677
Would you have
killed them all?
776
00:36:46,239 --> 00:36:48,219
When they tell you
your daughter's
not gonna make it,
777
00:36:48,842 --> 00:36:51,083
then you find out
there's a drug out there
778
00:36:51,178 --> 00:36:53,886
that'll give her a chance
only you have no way
to pay for it.
779
00:36:56,050 --> 00:36:58,758
What the hell was
I supposed to do, huh?
780
00:37:00,989 --> 00:37:02,696
Go home, let her die?
781
00:37:13,535 --> 00:37:15,173
MARGOLIS: Tony Garcia
killed Warren Slater,
782
00:37:17,007 --> 00:37:18,213
but he isn't a murderer.
783
00:37:20,744 --> 00:37:22,223
He's a good and decent man.
784
00:37:22,979 --> 00:37:26,393
A man like any of us
who works hard to provide
for his family,
785
00:37:27,018 --> 00:37:28,588
give them everything
they need.
786
00:37:29,754 --> 00:37:31,358
Including health care.
787
00:37:33,357 --> 00:37:34,995
So, he took his
hard-earned money,
788
00:37:35,293 --> 00:37:36,795
he paid his premiums,
789
00:37:36,862 --> 00:37:39,365
and he thought his
insurance company
would be there
790
00:37:39,431 --> 00:37:40,933
in the event of
a catastrophe.
791
00:37:41,700 --> 00:37:43,111
But when it came,
792
00:37:44,736 --> 00:37:48,378
his insurance company
was nowhere to be found.
793
00:37:48,441 --> 00:37:51,650
Even after he discovered
a miracle that could save
his daughter's life.
794
00:37:52,779 --> 00:37:56,592
In Tony Garcia's mind,
it was unthinkable
795
00:37:57,785 --> 00:38:01,494
that a lack of money could
condemn a child to death.
796
00:38:02,256 --> 00:38:05,363
Not the leukemia,
but a lack of money.
797
00:38:07,328 --> 00:38:12,209
Warren Slater chose profits
over a child's life
798
00:38:12,267 --> 00:38:15,408
and paid dearly
for his decision.
799
00:38:17,306 --> 00:38:20,310
But that father,
who loves his daughter,
800
00:38:21,977 --> 00:38:25,551
genuinely believed that
taking Mr. Slater's life
801
00:38:25,715 --> 00:38:27,592
was the only way
to save hers.
802
00:38:28,452 --> 00:38:30,432
Correct or not,
he believed it.
803
00:38:32,122 --> 00:38:33,760
If it were your daughter
804
00:38:35,193 --> 00:38:36,399
or your son
805
00:38:37,962 --> 00:38:40,272
or your husband
or your wife.
806
00:38:41,699 --> 00:38:43,440
Wouldn't you have
done the same?
807
00:38:54,380 --> 00:38:56,826
When you think about
whether you would
have done the same,
808
00:38:57,484 --> 00:39:00,328
I want you to think
about what would happen
if we all did.
809
00:39:00,386 --> 00:39:05,894
If we all killed every time
we were faced with a decision
that we thought was unfair.
810
00:39:05,960 --> 00:39:07,837
How many of us
would be safe then?
811
00:39:08,796 --> 00:39:11,470
I want you to put yourself
in the shoes of the victim.
812
00:39:13,467 --> 00:39:16,381
Because Warren Slater
was a family man, too.
813
00:39:17,506 --> 00:39:21,181
A husband who was
planning a surprise
for his wife's birthday.
814
00:39:21,243 --> 00:39:22,984
On the night he was killed.
815
00:39:27,183 --> 00:39:31,461
It's easy to hate
insurance adjusters.
816
00:39:33,456 --> 00:39:38,099
Just as some of you
may have thought differently
about the police
817
00:39:38,162 --> 00:39:43,043
until we saw them
rush into collapsing
buildings to save lives.
818
00:39:44,602 --> 00:39:47,515
You may disagree with
Warren Slater's decision,
819
00:39:48,573 --> 00:39:51,747
but he made it
because he honestly
thought it was right.
820
00:39:52,243 --> 00:39:56,659
Why? So that there would
be health insurance
821
00:39:56,715 --> 00:40:00,219
and health care
for people like you
822
00:40:00,486 --> 00:40:02,022
when you needed it someday.
823
00:40:08,295 --> 00:40:11,071
One can only imagine
the pain of a parent
824
00:40:11,131 --> 00:40:14,807
forced to contemplate
the death of a child.
825
00:40:15,469 --> 00:40:18,473
But nothing that
Warren Slater did
826
00:40:18,539 --> 00:40:20,541
made him deserve to die.
827
00:40:21,342 --> 00:40:25,792
To be beaten to death
with a hammer in the street!
828
00:40:29,384 --> 00:40:33,629
You can't place the blame
for this child's illness
829
00:40:33,690 --> 00:40:36,830
on his shoulders,
as her father did.
830
00:40:36,893 --> 00:40:40,067
And you can't
condone what he did
831
00:40:40,129 --> 00:40:44,078
unless you're willing
to soak your hands in
the same blood as his.
832
00:40:44,501 --> 00:40:48,813
When this defendant
chose to take matters
in his own hands,
833
00:40:48,872 --> 00:40:52,980
chose to kill
out of desperation,
834
00:40:56,748 --> 00:41:01,390
he spurned the very thing
that he was fighting
for his own daughter.
835
00:41:03,589 --> 00:41:04,863
The sanctity of life.
836
00:41:07,326 --> 00:41:10,136
And no one has the
right to do that,
837
00:41:12,466 --> 00:41:15,447
not even a
grief-stricken father.
838
00:41:35,724 --> 00:41:39,501
JUDGE: Madam Foreperson,
have the members of
the jury reached a verdict?
839
00:41:40,396 --> 00:41:41,875
No, we haven't,
Your Honor.
840
00:41:42,766 --> 00:41:44,837
JUDGE: As difficult as
this case has been,
841
00:41:44,901 --> 00:41:47,347
are you certain you
can't reach a verdict?
842
00:41:47,404 --> 00:41:49,782
We've tried, but we're
hopelessly deadlocked.
843
00:41:52,843 --> 00:41:55,619
Then I have no choice
but to declare a mistrial.
844
00:42:16,002 --> 00:42:17,743
LEWIN: We know
what the vote was?
845
00:42:17,804 --> 00:42:19,442
First note from
the jury was nine-three.
846
00:42:19,505 --> 00:42:21,486
Wasn't any movement
after that.
847
00:42:21,542 --> 00:42:23,681
You know, we can
bring this charge
100 times,
848
00:42:23,744 --> 00:42:27,453
I doubt we'd ever find
a unanimous jury willing
to find this man guilty.
849
00:42:27,514 --> 00:42:29,494
Nine voted
for conviction.
850
00:42:29,950 --> 00:42:33,228
Well, good luck
explaining that to
Warren Slater's widow.